The Road Safety Act 2006 was passed by Parliament in November 2006 and has come into force in stages since then.
The Act is an attempt by the Government to reduce accidents and make the roads safer. It creates, amongst other things, a new offence of causing death by driving unlicensed, disqualified or uninsured, which carries up to 2 years imprisonment. There is also an offence of causing death by careless or inconsiderate driving which is punishable by a maximum sentence of 5 years imprisonment. For the first time, criminal liability will attach to a driver’s momentary lapse of attention where it causes the death of another person.
Other important changes which drivers need to be aware of include:
An increase in the maximum penalty for careless driving from £2,500 - £5,000
The introduction of a 6 point fixed penalty notice for speeding, to be used in cases too serious for a 3 point fixed penalty notice but not serious enough for the matter to go to court.
Drink-drivers will not necessarily get their licence back following a period of disqualification.
The penalty for using a hand-held mobile phone at the wheel has increased from a fixed penalty of £30 to a fixed penalty of £60 and now attracts 3 penalty points.
Penalty points can mean an increase in your insurance costs. Also, you do not have to be caught many times travelling just over the speed limit or using your phone before you face a driving ban of at least 6 months. In fact, if you accrue just 6 points in the first two years after passing your test you will lose your licence.
If you are summonsed to Court for a driving matter which carries the possibility of disqualification, obtaining timely advice and representation from a lawyer specialising in road traffic matters could mean the difference between keeping your licence or losing it.
If you are an employer, you can be prosecuted if you require employees to make or receive mobile phone calls whilst driving. The new offence of corporate manslaughter focuses attention on the health and safety obligations of employers. It is extremely important that employers familiarise themselves with the Road Traffic Act and implement company policies concerning the use of mobile phones and safe speeds.
If you require advice or representation in connection with any road traffic matter please do not hesitate to contact our team of qualified road traffic specialists, headed by Jeremy Scott on 0808 160 5016. In most cases free initial advice can be given and we always offer transparency and certainty with regard to the likely fees for advice and representation.