On the road to more legal advice

The Road Safety Act (2006) received royal assent in November 2006 and is being implemented slowly. On 26 September 2007 several more sections came into force. There was fairly widespread reporting on the increase from three to six penalty points for failing to provide information as to the identity of a driver, but little mention in the press of other, far more important, points.

There is now a statutory definition of "driving without due care and attention" or "driving without reasonable consideration for others", commonly called "careless driving". The old test of how the careful and competent driver would drive has been retained, but while this is reflected in the new definition of just what is careless driving, it may come as a shock to learn that all those found guilty now face a maximum penalty of £5,000, double the current maximum tariff. The imposition of between three and nine penalty points and discretionary qualification both remain the same.

The main sections of the 2006 Act, which introduces causing death by careless driving and causing death while driving unlicensed, disqualified or uninsured, are still not in force. Other offences such as having detection equipment that alerts drivers to speed detection devices, graduated penalties for exceeding the speed limit and alcohol ignition interlocks, to name but a few, also await introduction.

Many defendants plead guilty to careless driving as they fear court proceedings and wish to dispose of the matter in a stress-free and cost-effective way. Carefully worded letters of mitigation can result in a moderate fine. But will these same defendants be so ready to plead guilty when the maximum fine has doubled? Will the courts, seeing normal everyday citizens charged with a moment of carelessness, increase the fines in line with a £5,000 maximum? Only time will tell, but those insuring drivers should be aware that far more motorists may seek legal advice, covered in most policies, following the receipt of a summons. As a result, brokers might consider the advantages of promoting policies providing a high level of cover for legal advice.

Brokers may also wish to remind clients that there is a new edition of the Highway Code. This September's edition is bigger and brighter while containing broadly the same advice, although drivers are now warned that smoking while driving may be a cause of distraction.

- Claire Larnder, Associate, strategic litigation unit, Beachcroft LLP.