Transport Law Blog

Speeding, careless driving and drink/drugs: new DfT consultation, by Tim Ridyard, Road Transport Solicitor

2008-11-25T14:01:58Z

The Government has just published a new consultation inviting responses to the following questions, amongst others, and this document is available on the DfT website (closing date February 27 2009):

Speed

1. Should excessive speeders (i.e. those exceeding speed limits by 20+mph) receive 6-point fixed penalties?

2. Should excessive speeders on low speed limit roads ( 20/30mph) generally be given less tolerance e.g. 6 points for 35mph in a 20 mph zone?

3. Should marginal speeding offenders specifically not be offered 2 point, rather than 3 point, fixed penalties for low-level offences? ( The Government's original intention in the Road Safety Act 2006).

Drink-drive
      1. Should targeted checkpoint testing for drink drivers be introduced?
      2. Should the right to give a blood or urine sample be withdrawn in cases where the breath sample given at the police station is at or below 50ug/ml?
      3 . Should the alcohol limit for driving be changed (reduced)? What evidence can be offered to change the limit?

Drugs

1. Would a new offence of 'driving with an illegal drug in the body' be more effective? If so, what about legally prescribed and new drugs?

Careless driving

1. Should this be a fixed penalty offence?

2. If so, should it be a £60 penalty and 3 penalty points?

For a more detailed article with regard to the proposals for speeding please go to www.barkergotelee.co.uk/index.php?option=com_content&task=view&id=97&Itemid=1

Causing death by careless driving

2008-07-29T09:58:35Z

The new imprisonable offence of causing death by careless driving (driving without due care and attention or without reasonable consideration for other persons) and the separate offence of causing death when driving when unlicensed, disqualified or uninsured will come into force on 18th August 2008 ( Sections 20, 21 and 30 Road Safety Act 2006 ).
Tim Ridyard, Solicitor, Barker Gotelee tim.ridyard@barkergotelee.co.uk

Graduated Fixed penalties - consultation published 24th July 2008

2008-07-24T11:59:39Z

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)

Graduated fixed penalties - July 2008 update

2008-07-16T08:03:32Z

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 etc Regulations 2008, By Tim Ridyard, Barker Gotelee Solicitors

2008-02-12T17:48:18Z

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.

CAUSING DEATH BY CARELESS OR INCONSIDERATE DRIVING

2008-01-09T16:32:13Z

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

Operator Licence – system for Quality Assurance

2007-12-07T12:08:45Z

“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? Supervision and Monitoring are the “hot topics” in operator licensing at the moment. It is no good having systems to deal with maintenance of the vehicles and management of the drivers unless the systems actually work. The way to ensure results is to supervise those who implement the systems. For example, who checks the drivers are actually doing their daily vehicle checks. Who checks that the outside vehicle maintainer is actually completing all areas of the service and completing the service sheets correctly? Who checks that the forward planning system is actually working. Who checks that driver’s hour’s disciplinary systems are being followed through? Supervise those who are playing key roles within the vehicle operation. Make sure your vehicle maintainers know you are keeping a close eye on them. Use an outside bureau to check driver’s hour’s compliance, or use them at intervals in addition to your own in house analysation. Hire in a specialist in operator licensing to carry out periodic audits of your paperwork and systems, this will give you a good idea of how your transport manager is performing. Appoint a foreman to be present when the drivers are doing their daily checks. As a holder of an operator licence you may be asked to show that you have “quality assurance measures in place. Failure to monitor and supervise key systems relating to your commercial fleet is one of the main causes of Operators being called to disciplinary public inquiries. Practical advice on managing your Operator Licence is provided by Elizabeth Caple, Transport Law Solicitor. elizabeth.caple@blueyonder.co.uk 0117 9075699 0781 441 4374

6 penalty points for fail to identify driver penalty increase in force from today 24.9.07. by Tim Ridyard. Barker Gotelee Solicitors

2007-09-24T09:32:49Z

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

Mobile phone use will be dangerous driving - CPS policy change, by Tim Ridyard, Solicitor, BArker Gotelee

2007-09-06T15:54:39Z

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 - New penalties (from 24.9.07) by Tim Ridyard. Barker Gotelee Solicitors

2007-09-04T15:34:37Z

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

No new entries or comments this weekend

2007-08-24T13:57:13Z

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.

Community Drivers' Hours etc Regs 2007 now in force, by Tim Ridyard

2007-07-04T14:19:22Z

On 2nd July 2007 the regulations to facilitate the new Community Drivers' Hours Regulation EC 561/2006 came into effect after some delay. These regulations - list the various vehicle exemptions to the EU drivers' hours regs,and - define the UK defence available to transport undertakings who otherwise will be automatically liable for the offences committed by their drivers ( and hence liable to prosecution themselves). The regulation is 2007/1819. The full title is: Community Drivers' Hours and Recording Equipment Regulations 2007 Tim Ridyard is a partner, road transport lawyer & Higher Courts advocate, at Ipswich-based Barker Gotelee Solicitors. www.barkergotelee.co.uk

ROADSIDE PRODUCTION OF TACHOS by Tim Ridyard

2007-07-04T10:21:10Z

Failure to supply sufficient records at the roadside is likely to be a Band C penalty of £120 under the intended graduated penalty scheme to be introduced later this year/ early next year. In the meantime it is sensible to use these guideline fixed penalties in court to persuade magistrates not to impose higher penalties. Tim Ridyard

ROADSIDE PRODUCTION OF TACHOS by Tim Ridyard

2007-07-04T10:21:10Z

RETENTION OF TACHOS BY DRIVERS

2007-07-01T19:18:20Z

Driver Hours Tacho Rules . Can you account for your 21 day history? It is a drivers’ personal responsibility to hold tachos in the cab for the last 15 days and the current week hence up to 21 days. VOSA show very little patience for failure to produce and will issue a prohibition which could lead to criminal prosecution. One client of mine had been working in another job outside the transport industry for 14 out of the 21 day period and when stopped was quite rightly only able to produce the last 7 days tachos during which time he had been driving. He was given a prohibition for failing to produce evidence of his activities during his alleged time away from driving. This is a little harsh but shows you how you are wise to be able to account for activities. If you or your drivers have been for example on leave, a simple letter from the employer or travel documents can confirm this. VOSA call it “a letter of accreditation”. Make sure you or your drivers can account for their time. Practical advice on managing your Operator Licence is provided by Elizabeth Caple, Transport Law Solicitor. elizabeth.caple@blueyonder.co.uk 0117 9075699 0781 441 4374