Frances Gibb, Legal Editor
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Motorists will face tougher penalties for driving misdemeanours ranging from using mobile phones to splashing pedestrians, under new guidelines published yesterday.
Using a mobile, sat-nav or MP3 player while at the wheel could send drivers to prison for up to two years.
But they could also be fined up to £2,500 for driving through a puddle and splashing pedestrians or for failing to dip headlights.
In future a range of misdemeanours will be treated as dangerous driving, which carries a two-year maximum prison sentence, rather than careless driving, which can be dealt with only by a community order or fine.
The policy outlined by the Crown Prosecution Service could also mean that motorists in England and Wales who cause death on the roads face life imprisonment.
The new detailed guidance, first announced earlier this year, will make clear that prosecutors should consider manslaughter charges for the worst cases of death by dangerous driving.
Sir Ken Macdonald, QC, Director of Public Prosecutions, said in September when announcing the policy change: “We accept that in cases where there is clear evidence that danger has been caused by their [mobile phone] use – such as texting while driving – then our policy should spell out that the starting point for charging will be dangerous driving.”
Current guidelines say manslaughter is “very rarely appropriate” in road death cases but the change will mean alternative charges could be brought.
Someone who has killed on the roads could be charged with manslaughter as well as causing death by dangerous driving, for example, leaving a jury open to return the lower charge if they find manslaughter has not been proved.
Rob Gifford, executive director of the Parliamentary Advisory Council on Transport Safety, told the BBC Radio 4 Today programme: “It’s not every single driver using a mobile phone while driving who faces jail, it’s those few drivers whose behaviour leads them to have a crash when they are using a mobile at the same time.
“What people are being reminded of is that driving is a complicated activity and it is better to concentrate on driving than talking.”
Sheila Ranger, head of campaigns at the RAC, said: “This is for people who are doing the most outrageous acts on their phone. We still see terrible crashes where people have been texting, driving into the back of stationary queues because they haven’t seen them.”
Jools Townsend, head of education at Brake, the road safety charity, said: “We welcome these new prosecution guidelines, which recognise that using a mobile while driving is an incredibly dangerous act. Too many people are still flaunting the law and endangering lives by using their mobile behind the wheel.”
Points
Dangerous driving
Maximum penalty of up to two years’ jail
— racing or competitive driving
— reading a newspaper
— sudden change of lane
Careless driving
Penalty points, £2,500 fine, possible ban
— tuning the radio
— lighting a cigarette, if avoidably distracted
Inconsiderate driving
Penalty points, community £2,500 fine
— driving a bus in a way that alarms passengers
— driving with lights on full beam
— driving through a puddle, splashing pedestrians
I also live in east grinstead, but have a house in Poole, the difference is quite amazing. Although recently the mayor's husband was involved in an accident caused by an idiot overtaking on a blind bend and a speed limit got brought down to 30mph which is ridiculous. I agree that something needs to be done about some anti social habits, like following people with full beam headlights, but is it really a practical use of police time enforcing this? especially since in the town of east grinstead three people were viciously attacked by a crowd of kids in the park and so far no police have done anything.
Matt, East Grinstead, UK
I agree with Glyn Davies (of West Molesey). My sense of the common identifies him.
James, Warwick, UK
Why's everyone getting in such a lather? They have to invent the 'Splash Camera' , sorry, Trouser Safety Camera before they can enforce this. Likewise the Mainbeam Camera and the Mobile Phone Camera. There are no traffic police anymore so why worry?
These things are illegal now, and how often do you see it?
The real worry is if councils are given enforcement powers. Then you'll see all sorts of nefarious schemes for entrapping the innocent and swelling the coffers.
Britain isn't even a good holiday destination anymore.
Paul, Cusco, Peru
You want to move to East Grinstead. Here you can drive round all day at speed without a seatbelt in your untaxed, ininsured, no MOT vehicle on bald tyres with one hand holding your mobile phone to your ear and the other hand fiddling with your Sat Nav/Radio/cigarette lighter splashing pedestrians that you've picked out in your main beam without fear of the chocolate teapot police. And when you tire of that park up in a disabled bay and throw your litter out of the window. I see it all the time, isn't it like this everywhere?
Peter, East Grinstead, UK
Once again there are those that will jump at the chance to blame the police for unpopular laws and legislation, using such terms as "the police should be out catching real criminals" well I agree they should.
But for the misinformed out there the police don't make these laws, parliament does, however they are duty bound to enforce them, there was a time when they were allowed to exercise discretion, and give advice for minor misdemeanours, unfortunately those days are gone thanks to performance targets which have been brought in by.....yes you guessed it the government .
Daniel, Bolton, Lancs
Unfortunately, mature, responsible motorists have to pay the price for the failure of a) the licencing authority, and b) the criminal justice system to elliminate the unintelligent, the sociopathic, the psychotic and the plain irresponsible drivers from using Britain's roads.
Pikeys and hooligans can be identified immediately by reasonable educated people; why don't those issuing licences and/or legislation use their intuition, discretion and common-sense before allowing trash on the road?
Glyn Davies, West Molesey, Surrey
I emigrated from the U.K. some five years ago to so that I could enjoy a much happier life abroad. Sometimes though I miss ol' blighty and think of returning home. But when I see more and more draconian measures being passed by what is becoming more and more a big brother state, I just think how lucky I am to live in a freer, as well as a sunnier climate!
Mark, Cebu, Philippines
Stone the crows!
Now I've heard it all. We tend to think that here in Australia we have a monopoly on great planners and schemers driven by stupidity, but this?! Sorry to say it makes me realise how much more fortunate we are, although there is talk of confiscating the cars of speeding youth's and using them in crash tests whilst the owners are forced to watch.
The proposals in the article above are just as ridiculous, do the authorities think for even ONE SECOND, that somebody hops in their car and says to themselves, "Hmm, maybe I will go out on the road and kill somebody today" It may be obvious to many of us, but an accident is simply that, an accident. Yes there can be many causes, ranging from stupidity to mechanical failure. We are not machines, we are imperfect humans who do our best. If one of us is found to not be able to safely drive, the answere is simple, they are not allowed to drive. If they do, then lock them up! About time for a little sensible thought here!
Cliff, Newcastle, Australai
A simple answer is for a motoring organisation to organise motorists to vote out the idiots that pass tax raising laws such as these. Motorists need to remember they appoint these idiots and also pay them far more than they are worth!
Sanny, Glasgow, Scotland
Are we becomming a Police State ?? More new rules each year - impossible to keep up with ! I find it very difficult to support the Police and now have no respect for them, although I am very much middle England and law abiding.
Martin, Warwick, Warwickshire
I see... £2,500 fine for splashing a pedestrian?
And what about the £250,000 fine for the useless inefficient local authority that has allowed the situation to arise?
It took me over 6 months of regular complaints to obtain action on a totally blocked drain that was causing pedestrians (and cyclists, motor cyclists and car occupants unlucky enough to have a window open) to get drenched on attempting to drive through a road junction I used to live close to!
The point here being that IF the local authority were doing it's job, the puddle containing the water that a passing car might splash a pedestrian with wouldn't exist. So, just for a change, how about attacking the cause of the issue, rather than, as usual, penalising the unfortunate motorist?
And no, 'brake or swerve' suggestions either, thank you. Some of us attempt not to cause accidents you know...
Chris, St Leonards on sea, UK
Gosh, does that mean, soon I won't be able to use the clutch and wipe my viser on my motorbike because it takes a hand off the handlebars...
Grant Wyness, Devon,
What happened to common sense in this country, it wasn't long ago when the people in this country had some common sense, now it seems to me that we constently told what we can and can not do. I don't need a list to tell me what is and what isn't a distraction...How about we add brushing hair, cleaning teeth, shaving, doing your makeup, drinking, eating, talkng to the passenger, yawning, to the list...Where will it stop...
Tony, Redhill, Surrey
Another money making racketering idea ! no wonder the police have lost all support and respect from Jo public, when are they going to concentrate on real crime eg. MURDER etc. ?
Susie, Derbyshire, U.K.
Why does the goverment feel the need to try to turn normal people in to villains ? Why do they try to turn people against each other, are they so afraid, so incompetent , and so manipulative that they feel they must divide them to distort their views. Hitler and his nazi thugs said " It's the Jews, the Homosexuals, the Reds, we must hunt them down to be free"
Now the goverments of today are singing more or less the same song, they just change the words to suit their aims, divide and rule. They are not standing behind a principal here, they are hiding behind it. It is no more than a hypocritical sham. Goverments should guide, educate, lead by example and inform the people, not crush, stifle and mislead them. The only way for people to get along as a nation is to encourage respect for one another, not alienation and derision.
Rob, Hastings,
This couldn't be the result of a desperate treasury by any chance? Money, money, money.......the Labour Government's God or is it just that they have no money to fund the profligate waste that they've perpetrated so far? Fining people for breathing will be on the cards next. The Government instructions to the Police must be, "write the ticket and we'll invent a misdemeanour later". The entire country will be criminal soon.
Judy , Liverpool, england
Where are the vast new prisons that will be needed to accommodate all of these offenders going to be built ?
Andrew Brown , Nottingham, England
Seriously bad driving deserves seriously severe penalties. This consequence has been a long time coming. Meanwhile, a hundred thousand people have been killed on UK roads (more than 3000 every year recently).
This carnage is ridiculed by most of the 25 previous contributors, who make fun of the more severe penalties. Only when disaster strikes THEM will they see the need for far greater safety on our roads. The threat of severe penalties seems the only way to make an impression on the hard core whild they are still alive.
Graham Stephens, Warwick, UK
Calm down everone, just calm down.
1. It has always been an offence to drive without due care and consideration.
2. Main beam and splashing pedestrians are just two examples of what may constitute this offence.
3. £2500 is a maximum and would only be levied for repeated and more serious examples.
4. The CPS have to meet targets and these offences are much easier to gain a conviction than serious fraud, firearms offences or stealing candy off a baby.
5. To avoid splashing pedestrians check mirrors and progressively apply the brakes so passing through the puddle at 5mph.
Does anyone know how many charges of "splashing pedestrians" have been brought in the last 10 years?
R Bingham, Lauzun, France
Will anything actualy get done? We have at present thousands of clowns running about day and night using fog lights in good visibility but nothing is done yet they could be charged with contravining the construction and use regulations and get 6 points on their licence and a massive fine. The odd few get a fixed penalty lighting ticket and then offend again. Make examples of a few and give it maximum media coverage then things may improve but until we have some decent policing on the roads driving standards will deteriate
Mick Bennett, Sheffield, South Yorkshire
And who may I ask is going to enforce these rules? They cant enforce anything now unless it is a speeding offence captured on camera.
Alan, Chelmsford, UK
Sue:
"Is it me or does this just sound like a new way of taxing drivers?"
Do you mean a tax on bad drivers, Sue?
Tip for those who can't understand how you avoid splashing pedestrians without veering into oncoming traffic:
SLOW DOWN. It isn't hard.
Josh, Ashford, UK
To Quote a comment posted earlier, "Fining reckless drivers for splashing pedestrians is a much-needed step. Would they be able to stop in time if a child ran out onto the road in front of their car?" by Sandra, Cambridge.. what on earth is this country coming to.
This may sound brash but think of it this way. The roads are there for cars, not for children to play in. If a child ran out onto the road obviously anyone driving would do their best to stop. But does anyone ever think what was the child doing running into the road in the first place? Everything is always "what if..."..
Near where I live children play tennis across a main road. Police don't bother advising them not to. It won't be long before one of them runs into the road and gets splattered. Is that the drivers fault? a child running out from between parked cars without looking? No. the responsibilty is on the parents, and the child to not be running into the road. Roads are for cars, Pavements for people. Easy.
Matt, Surrey,
To Tim from London:
Surely only a Londoner could find themselves describing drivers as a "militant force"...
James, Edinburgh,
I say bring back the birch! Nothing a damn good flogging wouldn't cure, all of a sudden Sharia law is starting to look the more favorable option. Im getting a bit sick of this so called democracy!
Dave George, Redditch, Worc's
All of this, and yet it's still perfectly legal to be a slack-jawed, brain-dead, ill-informed, inbred, clumsy, ignorant, Labour-educated, psychotic boy racer - and get behind the wheel of a car.
They'd raise a lot more money by fining those.
What do the Tories have to say about all this $^%*? This Government wants to immobilise everyone and make us all completely reliant on Welfare 2 Work initiatives.
bob, Witham, UK
The police have failed to act on hand held phones for a long time now, people are using mobiles whilst driving every day. New laws are brought out almost daily, but if the general public arn't told about them how are they supposed to know? For example a year past May a new law came out to ensure disabled driver parking facilities are not abused. Anyone parking in a blue badge parking facility without proper entitlement, that means being disabled and displaying a blue badge, or having the disabled passenger with you during your parking time. It also bans anyone using someone elses badge. Confiscation of the badge and a £1000 fine is the penalty, Police and traffic wardens have been asked to impliment the new laws. What has the new law achieved? Nothing at all, people still abuse blue badge parking areas, even outside doctors and in hospital parking bays! Why because no one has been told there is a new law, and because I suspect police and traffic wardens haven't been told about it too!
Ray , Newcastle upon Tyne, UK
I assume that Local Goverrnments are now being asked to monitor roads where puddles form on a regular basis so that cameras can be installed to trap these dastardly splashers!
Graham, Pattaya, Thailand
Good grief. Lets catch those that avoid insurance before those that splash pedestrians. This is obvious to anyone with half a brain.
Justin, Nr. Lincoln, UK
Sounds like a good way of making the British taxpayer pay for road maintenance (or non maintenance)
Don't tell Sarkozy about that, it might give him ideas...
IsabelleA, Maisons-Laffitte, France
So how much should the government be fined for allowing a puddle to pool in the road in the first place? It's not as if we motorists aren't paying enough for the roads to be properly maintained! Pedestrians should be taking some responsibility, too. Cars need to have wipers in the rain, surely pedestrians should wear macs, especially when walking along roads known for their poor drainage. Not too revolutionary an idea, surely? Seems like common sense to me.
Speaking of common sense - a ban and a two and a half grand fine for tuning a radio! Was this supposed to be released on April 1st but someone leaked it?! No wonder blacked out 'don't be nosey' car windows are becoming more and more popular.
Mike Hart, London, UK
I think this legislation is more than fair. The Road Traffic Act and previous powers in force restricted how the Police could deal with incidents.
This is NOT a tax or a revenue stream for the Police Force or Highways Agency. You will only be fined if indeed you drive carelessly, inconsideratly or Dangerously so if you drive sensibly then you do not have to pay.
Brian H, Southampton, UK
Fining reckless drivers for splashing pedestrians is a much-needed step. Many people drive way too quickly in miserable weather conditions- surely the fact that they don't even notice large puddles or see pedestrians is a sign in itself that they should slow down. Would they be able to stop in time if a child ran out onto the road in front of their car? Asking a driver to break before going through a puddle isn't unreasonable. Yes, roads should be improved, but I don't think that excuse helps the person whose trousers will be wet and dirty for the rest of the day very much.
Sandra, Cambridge,
I think that this new set of regulations is ignighting a much more dangerous sinario.
Motorists are on the verge of a revolution which is long overdue and surely will be extremely militant .
we motorists hold government crushing power as our roads are the life blood of the country .
Government can only push so far and its gone much too far already in the name of greenness and safety for profit.
tim, london, uk
If there were not so many pot holes in the road and the road gullies were cleared out by the councils then there would not be such a problem.
Why should a motorist be held responsible for something that they cannot always avoid?
Helen, Runcorn, Cheshire
Is it me or does this just sound like a new way of taxing drivers?
Sue, Coventry,
"Drivers face a £2,500 fine for splashing pedestrians"
Meanwhile cyclist who ride on the pavements, through pedestrian area etc will stick two fingers up at the law.
joey pica, Ashton under Lyne, Lancashire.
This report must have been inadvertently released on the wrong day.
Surely it should have been announced on the first of April?
Bob, Dunfermline, Scotland
Splasihng pedestrians? Dipped headlights? £2500 fines? I cannot be in a minority at being generally outraged by the way this country is going of which this is a typical example. Can I??
Peter Wrght, Horsham,
How can this be enforced? There are not enough resources to take off uninsured drivers, banned drivers,untaxed cars,using mobile phones the list goes on...
According to industry calculations, 5.7 per cent of motorists - about two million people - are uninsured.
There is not simply enough resources to enforce this
Joesph, London, UK
How is this going to be enforced. Currently there are millions of uninsured & banned drivers would it not make sense to remove these first rather then adding more workload on the authorities concerned?
Joesph, London, UK
People have been lead by the likes of J Clarkson to think that
driving is an inalienable human right instead of a serious responsiblity. Driving a heavy chunk of metal at speed requires 110% concentration and most of us do not give that even with the best intentions. Have you never found you have driven a considerable distance without realising it because you rmind was on something else? If you are driving responsibly you are supposed to know what everything on the car is doing, like eg the uncancelled indicator!
There are things called brakes on a car, they are supposed to be used to slow down.
your phone conversations ar not more important than a life even that of a dog
plato, ely, uk
A fine for splashing a pedestrian! Come now it is not April 1st yet!
They must be driven in chaffeurerd cars. Have they ever tried sitting behind a wheel in rain (with lots of puddles in the road) being partially blinded by oncoming dipped lights in heavy traffic.
And we must now look for puddles and pedestrians? Now that would be dangerous driving in the extreme!
Me, I will concentrate on other cars, my driving and traffic signs and lights. I want to live not get killed avoiding a puddle which may wet a pedestrian!
Barmy and dangerous!
Richard, London,
I have great memories of all the innocent pedestrians I splashed for fun and pleasure. I'm sure they enjoyed it too....
And now I'm to learn that one of my last great pastimes is to be made punishable.
What a rotten country this is becoming.
Bah humbug !!
The Duke of Butley, Puddleton, Little Britain
Further discussions about penalties are completely pointless unless there is some enforcement to get offenders prosecuted. The police have virtually abdicated policing the roads - that's the real reason bad driving of all sorts goes undetected.
Stephen, BEDFORD, UK
How on earth can 'they' police drivers on full beam, and what if in a narrow road someone splashes a pedestrian while avoiding oncoming traffic - someone needs to get a real job and improve the roads and traffic flow.
Angela, Warmonster, Wilts
The only comment in this section that keeps a sense of perspective is from Zoe from Lancaster, i.e. "who gets the money?".
All the rest is nothing but whingeing and self justification from morons who think it's a lark to purposely drench a pedestrian, or those who "have been driving for years and know what I'm capable of without causing danger". Just like those who used to boast about being a better driver after a skinful of beer.
des, London, England
Another stealth tax? Hit the motorist,he's an easy target. When are they bringing the "red flag" back? Soon I expect!
Tony, murcia, spain
Crown Prosecution Service should concentrate more on prosecuting real criminals instead of sitting in long drawn out meetings to discuss policy changes on motorists. What harm is a splash of water, unavoidable most of the time considering our weather and the pedestrian would probably be wet already if it was raining!. We pay more then enough already and what do we get for our money? Badly worn roads, promises of bypasses that never happen and congestion charges or tolls! So what will be next, bounding and gagging our kids so they are not a distraction while we drive, keeping the nagging mother in law in the boot and been frightened to take your hand off the wheel to change gear!! All madness and nonsense, get a life I say!!
Ryan, Durham City,
As a relatively new driver, seeing this story has me a little worried. These measures seem more than a little excessive â I mean £2500 for splashing a pedestrian and driving with a full beam? Those are things that everyone does occasionally unintentionally; especially the full beams. I can't count the number of times I've been driving along without realising I've got full beam on.
I can see the side of the argument of increasing safety, but I'd like to think that there'd be a good degree of discretion used when enforcing these new measures.
Andrew, Wolverhampton,
Penalty points for splashing a pedestrian?
I assume this means the council will get the points as if the roads are maintained there are no puddles to splash!!
Chris, spalding,
Splashing pedestrians !!!!
They're having a laugh, I quite often see pedestrians standing alongside puddles while having a natter, it's their own fault if they get soaked while being careless.
Puddles would not form in gutters if the council made the roads & drainage to a decent standard, but I suppose it's easier to put yet another onus on the driver, rather than make the authorities culpable for not doing their job right.
K. Woodhouse, Lincoln, England
oohhhh common... why else would they put that little hole in the cd player that accepts the 3.5 mm line in aux input....
And, when have u not seen a huge pothole in front of the bus stop... warning signs should apper periodically, stating there is a possibility of being slushed...
How about we build the "HOMER DOME"
Jeff Mewhort, Port Coquitlam, Canada
How they plan to enforce this, driving though most area's of Birmingham you going to see most of these happen every 30 secs, worst people for it are taxi drivers and boy racers for jumping lanes because they to impatient to wait in a queue, and i give one example as being forced onto a pavement to avoid a collision with a 23 month old baby in the car because i got forced off the road just for the sake of an idiot trying to get 20 yards ahead in the traffic. I am for this if this can be enforced and interested to see how for the sake of us normal respectable drivers.
Nick , Birmingham,
A lot of it sounds very reasonable but I have one question.....
Who gets the £2500? The splashed pedestrian?
Our weather is getting worst so on some days you would not be able to drive, its nonsense! (and I am a pedestrian, not a driver!)
Zoe, Lancaster, Lancs
If "sudden change of lane" is to be a dangerous driving offence then it should be possible to sue those individuals in the council who are responsible for poor road markings - which often result in sudden lane changes.
Should also be possible to sue those individuals responsible for downright dangerous junctions and inadequate road capacity (the M6 through Birmingham at many times of the day is terrifyingly dense due to the policy of road capacity starvation) - after all, these things have been paid for through road fund tax; it's just that the money's been ripped off.
Dave, Birmingham, UK
Fantastic -justice at last! Lets releasemurderers, muggers, rapists and armed robbers early to relieve over-crowding of jails and fill those empty spaces with motorists who probably have a job and an income and can pay fines to the Exchequer. That way they can bank roll Northern Rock? Great. We can also syphon some of the funds to replace party funding.....?
Robin Hood or Robin Gordon?
Malcolm Baker, Croydon,