As anticipated the DfT has today published the next consultation document on graduated fixed penalty, financial deposit and immobilisation schemes, together with 8 draft statutory instruments to introduce the schemes. The consultation will run until 17 October 2008. More details and comment to follow in due course. Please see previous blog entries for further comment.

Tim Ridyard, Solicitor, Barker Gotelee (Tel 01473 611211)

The Department for Transport will shortly publish no fewer than eight draft regulations covering the Graduated Fixed Penalty and Deposit Schemes likely to come into force in April 2009. These are the detailed provisions which will detail how police/ VOSA will carry out the new procedures for both UK and foreign drivers operating within the UK. VOSA will for the fist time have powers to issue fixed penalties and endorse driving licences. Drivers without satisfactory UK addresses will be required to pay roadside deposits failing which their vehicles may be immobilised pending payment. The draft regulations will be accompanied by a new consultation period for the road transport sector which is likely to continue until around mid-October 2008. Tim Ridyard, Solicitor, Barker Gotelee Solicitors, Martlesham Heath Ipswich tim.ridyard@barkergotelee.co.uk

Passenger & Goods Vehicles (Recording Equipment) (Downloading etc) Regulations 2008
by Tim Ridyard, Barker Gotelee Solicitors

These new Regulations were made on 29 January 2008 and come into force 7 days thereafter. They are therefore in force now.

The Transport Act 1968 has been amended so that drivers are now required to return their paper tachograph records for whom they have been working within 42 days of the records having been created (it will be recalled that previously the rule was 21 days but the requirement in force since 1.1.08 to be able to produce records for the previous 28 calendar days was in conflict with this).

Digital download: transport undertakings must ensure downloading of vehicle unit and driver card data so that none is lost but in any event must do so for vehicle unit data within 56 days and for driver card data within 28 days. Transport undertakings can be obliged to download data where enforcement officers have reason to believe that road traffic legislation has been contravened. Also, the regulations list the circumstances in which businesses must secure data from vehicle units and driver cards before the elapse of 56/ 28 days e.g. on disposal of vehicles.

A failure to download/retain data or provide this to officers is an offence.

Where a driver works for two or more businesses he or she must provide each of them with sufficient information to enable them to discharge their drivers hours obligations.

NEW OFFENCE OF CAUSING DEATH BY CARELESS OR INCONSIDERATE DRIVING- SENTENCING GUIDELINES - by Tim Ridyard, Solicitor

Published today are the Sentencing Guidelines Council draft guidelines on sentencing fatal accident offences. The Road Safety Act 2006 introduced a new offence of causing death by careless or inconsiderate driving. It has not yet become law but will be in force in the near future. It fills a gap in that hitherto only the offence of careless driving could be charged in fatal accident cases (unless drink/drugs are involved or there was more serious driver conduct constituting dangerous driving). Importantly the existing offence of careless driving is not imprisonable. The new fatal driving offence will attract a maximum 5 year prison sentence. It has arisen from road safety pressure groups' lobbying. Some groups have already expressed outrage that it is conceivable that the starting point for consideration of sentencing in a fatal accident case could possibly be less than that of immediate custody. However, it is pointed out in the papers published today that “sometimes death results from a relatively minor error of judgment, to which every, however experienced, motorist is liable from time to time. Cases like these present sentencing judges with very difficult decisions, because the gravest consequences have to be balanced against varying levels of culpability”.

The proposals published do not suggest that prison sentences will not normally be imposed. This is currently being misrepresented and misreported. What is suggested is that cases of causing death by careless driving fall into three categories:

(a) the ones which are particularly serious and are not far from dangerous driving;

(b) 'middle band' seriousness cases and;

(c) cases of careless or inconsiderate driving which arise from momentary inattention.

It is being recommended that the last of these categories ( i.e. momentary lapse cases) should be sentenced by way of community penalties e.g. tagging, community service etc whereas the first categories should have starting points of custody periods ranging from 26 weeks to 2 years imprisonment when sentencing is being considered.

The new provisions and others dealing with fatal accident cases involving uninsured, unlicensed or disqualified drivers ( max. 2 years' imprisonment) will be in force soon

Tim Ridyard is a partner, solicitor advocate and road transport lawyer at Ipswich-based Barker Gotelee Solicitors: tim.ridyard@barkergotelee.co.uk

“A Vehicle Examiner from VOSA recently advised that I need to implement “quality assurance measures” with regard to my Operator Licence. What does this mean?

Continue reading "Operator Licence – system for Quality Assurance" »

Road Safety Act 2006 -New penalties

The next batch of changes brought about by the Road Safety Act 2006 will commence on 24 September 2007. For drivers and operators these mainly relate to offences and their penalties. The most important changes are as follows:

Driver Identity Information – the penalty for failing to provide information about the identity of a driver rises from 3 to 6 penalty points – it is intended to remove the incentive to fail to notify driver information - the penalty is severe and increases the danger of a totting disqualification. Here there is less protection for those within limited companies because those within companies can be summoned personally where they connive to fail to provide driver details. This is a very robust penalty for failing to give driver information against individuals and businesses.

Dangerous Vehicle Condition – mandatory minimum 6 month disqualification for second dangerous condition offence within 3 years. This is very important as sole traders/partnership operators' own driving licences may be endorsed where their drivers use a vehicle in a dangerous condition - and hence they are at risk of disqualification. This emphasises the advantage of operating as a limited company which does not have a driving licence and hence gives protection to the 'owner's' personal licence. Arguably far too many operators run as sole traders or partnerships when they may be better protected as a limited company.

Careless Driving – The penalty for careless driving increases from £2,500 to £5,000 (the penalty points in the range 3-9 or discretionary disqualification does not change). New definition of carelessness: guilty if a driver drives in a way which falls below what would be expected of a competent and careful driver. In deciding this the Court must have regard not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused. To be convicted of the separate offence of inconsiderate driving a conviction can only follow if third parties are actually inconvenienced.

There are then miscellaneous other new provisions relating to furious driving, failure to give permission for blood samples to be taken and numerous other misc. matters.

Tim Ridyard is a partner, Higher Rights advocate and road transport solicitor at Ipswich based Barker Gotelee Solicitors: 01473 611211 and tim.ridyard@barkergotelee.co.uk

The Crown Prosecution Service announced today 6th Sept 2007 that it will publish its revised policy on road traffic offences later this autumn which will include more detailed guidance on when drivers should face manslaughter charges ( instead of lesser offences ). One important policy change is in relations to widespread public concern and relates to driving whilst using a mobile phone: where there is clear evidence of danger being caused the offence of dangerous driving will be charged as a starting point. NB Unlawful use of a mobile phone attracts 3 penalty points or discretionary disqualification and is non-imprisonable - however, dangerous driving carries a mandatory minimum 12 month driving disqualification ( with double normal duration compulsory re-test) and is an imprisonable offence.

Tim Ridyard is a solicitor, higher courts advocate and partner at Ipswich-based Barker Gotelee Solicitors 01473-611211 - tim.ridyard@barkergotelee.co.uk - www.barkergotelee.co.uk

Road Safety Act 2006 -New penalties

The next batch of changes brought about by the Road Safety Act 2006 will commence on 24 September 2007. For drivers and operators these mainly relate to offences and their penalties. The most important changes are as follows:

Dangerous Vehicle Condition – mandatory minimum 6 month disqualification for second dangerous condition offence within 3 years. This is very important as sole traders/partnership operators' own driving licences may be endorsed where their drivers use a vehicle in a dangerous condition - and hence they are at risk of disqualification. This emphasises the advantage of operating as a limited company which does not have a driving licence and hence gives protection to the 'owner's' personal licence. Arguably far too many operators run as sole traders or partnerships when they may be better protected as a limited company.

Careless Driving – The penalty for careless driving increases from £2,500 to £5,000 (the penalty points in the range 3-9 or discretionary disqualification does not change). New definition of carelessness: guilty if a driver drives in a way which falls below what would be expected of a competent and careful driver. In deciding this the Court must have regard not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused. To be convicted of the separate offence of inconsiderate driving a conviction can only follow if third parties are actually inconvenienced.

Driver Identity Information – the penalty for failing to provide information about the identity of a driver rises from 3 to 6 penalty points – it is intended to remove the incentive to fail to notify driver information - the penalty is severe and increases the danger of a totting disqualification. Here there is less protection for those within limited companies because those within companies can be summoned personally where they connive to fail to provide driver details. This is a very robust penalty for failing to give driver information against individuals and businesses.

There are then miscellaneous other new provisions relating to furious driving, failure to give permission for blood samples to be taken and numerous other misc. matters.

Tim Ridyard is a partner, Higher Rights advocate and road transport solicitor at Ipswich based Barker Gotelee Solicitors: 01473 611211 and tim.ridyard@barkergotelee.co.uk

We are having a large-scale power shutdown at Roadtransport Towers this weekend, which means that you will not be able to add comments to entries on any of the Roadtransport.com blogs over the Bank Holiday weekend. The blogs themselves will still be available to read, but there will be no new entries or comments until Monday.

The blogs affected are:
The Road Transport Blog
BigLorryBlog
The Truck & Van Blog
The Operators' Blog
The Transport Law Blog
The World Trucks Blog

Meanwhile, have a great weekend.