Bill gets tough on road abusers

The Road Safety Bill's aim is to make the roads safer and to reduce the number of accidents. The Bill has several weapons in its armoury, ranging from harsher penalties for using mobile phones whilst driving, alcolocks (alcohol ignition interlocks) being fitted to the cars of repeat drink driving offenders, which may reduce their period of disqualification, and changing the penalty points for speeding.

It includes two new offences of causing death by careless driving and keeping an uninsured vehicle. The former is one of the most contentious areas of the Bill. This new offence is punishable by a maximum penalty of five years' imprisonment and is a lesser offence to causing death by dangerous driving.

The legal test to be proven on a charge of careless driving is that the standard of driving fell below that expected of the reasonably competent and careful driver, as opposed to falling 'far' below, the test for dangerous driving. It is contentious as there is a threat to the accused of imprisonment for mere negligence.

What effect will this new offence have on insurers? Brokers and policyholders will be looking at policy wordings to see what legal costs cover is provided for criminal prosecutions. There are likely to be more full trials if there is a threat of a custodial sentence.

The Bill also includes a strict offence of causing death by driving whilst unlicensed, disqualified or uninsured, punishable with up to two years' imprisonment and/or a fine.

Of the 33 million vehicles on the road in the UK, approximately 4% to 5% are uninsured. The Motor Insurers' Bureau has around 50,000 claims directed to it each year, at a cost of £500m.

At present, the fines imposed are assessed on income and, therefore, tend to be low, typically £150.

The level of fixed penalty imposed by the Bill is £100. If this is not paid, and there is a prosecution, the fine will be £1000. The Bill also provides for the immobilisation, removal and disposal of the vehicle.

This legislation has been a long haul. The Bill received its first reading in the Lords on 24 May 2005 and we are still awaiting the report stage and third reading in the Commons.