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Tougher road death laws
14/08/2008
Justice Secretary Kenny MacAskill today welcomed the introduction of tough new road death laws.
The new offences of causing death by careless, or inconsiderate, driving and causing death by driving while unlicensed, disqualified or uninsured, come into force on August 18, 2008.
The first offence gives prosecutors an alternative to the traditional careless driving offence where the act of careless or inconsiderate driving has led to a fatality.
Currently there is a perception that existing statutory provisions are inadequate in not allowing the sometimes fatal consequences of acts of careless driving to be taken into account by the courts.
The offence of causing death by careless, or inconsiderate, driving will carry a mandatory minimum period of 12 months disqualification. Summary conviction will lead to a maximum of 12 months in custody or a fine up to £10,000 or both. Conviction on indictment will lead to a maximum of 5 years in custody or a fine or both.
Driving while unlicensed, disqualified or uninsured will also carry a mandatory minimum period of 12 months disqualification. Summary conviction will lead to a maximum of 12 months in custody or a fine up to £10,000 or both. Conviction on indictment will lead to a maximum of 2 years in custody or a fine or both.
Mr MacAskill said:
"We welcome the UK Government's decision to finally bring these new offences into force. They will help ensure that our courts are able to take full account of the sometimes fatal consequences of acts of careless driving when making sentencing decisions.
"Road traffic law is reserved to the Westminster Parliament and, as a result, is the responsibility of the UK Government. However we have kept up the pressure on our UK counterparts, calling for the new laws to be commenced as soon as possible, and they have now responded."
Mr MacAskill is also eager for the UK Government to lower drink driving limits and introducing random breath testing to save more lives on Scotland's roads.
He has already written to the Secretary of State for Transport, calling for the drink driving limit to be lowered to 50mg of alcohol per 100ml of blood from its current level of 80mg, and to give the police the power to carry out Random Breath Testing.
Mr MacAskill added:
"As well as tougher penalties for those convicted of careless driving, we need decisive action to lower the drink driving limits in Scotland. If this is backed up by tough enforcement measures like random testing the changes will undoubtedly save lives.
"Drink driving is real thorn in the side of efforts to make our roads and communities safer. One in nine road deaths in Scotland is alcohol-related.
"The current limit simply leaves too much room for confusion and sends out the wrong message. A lower limit sends out a clear message that driving after you've had a drink isn't acceptable - it's dangerous. This change would also bring us into line with the rest of Europe.
"There is wide-ranging support for legislation to reduce the drink drive limit in Scotland, but this is a matter reserved to Westminster and I believe they have been stalling for too long."
The British Medical Association in Scotland supports a reduction in drink driving limits and has also called for the introduction of random roadside breath tests in an attempt to make Scotland's roads safer.
Dr Sally Winning, a member of the BMA's Scottish Council, said:
"The most careless thing a person could do is to get behind the wheel when they've had too much to drink. Drink driving is a hazard on Scotland's roads. Lives could be saved simply by reducing the drink driving limit.
"There is evidence that driving is impaired with a Blood Alcohol Concentration (BAC) level over 50mg/100ml and it's estimated that around 65 lives could be saved in the UK by lowering the drink drive limit.
"Legislating to reduce the drink drive limit is a matter reserved to Westminster and they have been stalling on this issue for nearly 10 years. That is why the BMA welcomes the Scottish Government's efforts to raise this issue at Westminster and we would call on MPs from Scotland to exert more pressure on those with responsibility for road safety to take action now and reduce the limit from 80 to no more than 50mg."