Clause 20 - Causing death by careless, or inconsiderate, driving
Road Safety Bill [Lords]
10:30 am
Janet Anderson (Rossendale and Darwen, Labour)
With this it will be convenient to discuss the following amendments: No. 63, in page 24, line 39, column 4, leave out
‘5 years or a fine or both’
and insert ‘a fine’
New clause 8—Causing death by reckless driving—
‘(1)In the Road Traffic Act 1988, after section 1 insert—
“Causing death by reckless driving
(1)A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place recklessly is guilty of an offence.
(2)For the purposes of subsection (1) a person is to be regarded as driving recklessly if—
(a)the way he drives falls far below what would be expected of a competent driver and this must have been evident to him, or
(b)it must have been evident to him that driving the vehicle he was driving or proposing to drive in its current state was reckless.”.
(2)In the Road Traffic Offenders Act 1988, after section 24 insert—
“Alternative verdicts (reckless driving)
(1)Where—
(a)a person charged with an offence under a provision of the Road Safety Act 2006(c.) specified in the first column of the Table below (where the general nature of the offences is also indicated) is found not guilty of that offence, but
(b)the allegations in the indictment or information (or in Scotland complaint) amount to or include an allegation of an offence under one or more of the provisions specified in the corresponding entry in the second column,
he may be convicted of that offence or of one or more of those offences.
| Offence Charged | Alternative |
| Section (causing death by | Section 1 of the Road Traffic Offenders Act 1988 (causing death by dangerous driving).”. |
(3)In the Road Traffic Offenders Act 1988, Schedule 2, at end insert—
| “Section (causing | On indictment | 14 years imprisonment, disqualification and obligatory endorsement.”.’. |
New clause 9—Causing death by dangerous driving—
‘(1)In section 2A(1)(a) of the Road Traffic Act 1988, line 1 leave out “far” and insert “significantly”.
(2)In Part 1 of Schedule 2 of the Road Traffic Offenders Act 1988 (prosecution and punishment of offences) in the entry relating to section 2 of the Road Traffic Act 1988 leave out “14” and insert “7”.’.
New clause 24—Dangerous driving after failure to stop—
‘(1)In the Road Traffic Act 1988, after section 2A insert—
“2BDangerous driving after failing to stop a mechanically propelled vehicle or cycle when required by a constable.
A person who drives a mechanically propelled vehicle or cycle dangerously within the meaning of sections 2 and 2A of the Road Traffic Act 1988 after being required to stop by a constable and having failed to do so within the meaning of section 163 of the Road Traffic Act 1988, shall be guilty of an offence.”
(2)In Schedule 1 to the Road Traffic Offenders Act 1988, after the entry relating to section 2 of the Road Traffic Act 1988 insert—
| “RTA section 2B | Dangerous driving after failing to stop a mechanically propelled vehicle or cycle when required by a constable | Sections 1, 11 and 12(1) of this Act” |
(3)In Part 1 of Schedule 2 to the Road Traffic Offenders Act, after the entry relating to section 2 of the Road Traffic Act 1988 insert—
| “RTA section 2B | Dangerous driving after failing to stop a mechanically propelled vehicle or cycle when required by a constable | (a)On summary conviction, 2 years imprisonment, a fine on level 5 of the standard scale, obligatory disqualification and endorsement, 3-11 |
New clause 25—Dangerous driving— ‘In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 2 of the Road Traffic Act 1988 (c. 52) (dangerous driving), in paragraph (b) in column (4) (punishment on conviction on indictment), for “2 years” substitute “5 years”.’. Ms Keeble: I am grateful to be able to propose this amendment and I am grateful to my hon. Friend the Minister for providing the time to do so. The amendment makes good the damage—some might say sabotage—done by their lordships to the causing death by careless driving provisions introduced by the Government in the other place. The Government originally introduced the measures with the provision of a prison sentence of up to a year for conviction in a magistrates court, and up to five years for conviction in Crown court. Their lordships deleted the prison sentence for the magistrates court, and I note that the Opposition propose to delete it for the Crown court. Government amendment No. 1 will restore the option of a prison sentence for a magistrates court and give full effect to Alexine’s law, as it became known in my constituency after a young girl who was killed in a road traffic accident caused by a careless driver. There is also a new clause in my name that would extend the prison sentence that can be imposed for causing serious injury.(b)On indictment, 5 years imprisonment, a fine, obligatory disqualification and endorsement, 3-11”.’.
New clause 25—Dangerous driving—
‘In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 2 of the Road Traffic Act 1988 (c. 52) (dangerous driving), in paragraph (b) in column (4) (punishment on conviction on indictment), for “2 years” substitute “5 years”.’.