A recent report published by the APPGCW has highlighted where they believe to be weaknesses in the justice system, in relation to road traffic offences. It is calling for a range of actions to be put in place, and other penalties to be reviewed. The APPGCW report explains:
“The perception of those who walk, wheel and cycle is shaped by what they see and hear. They see examples of bad driving and they hear of a justice system that is, we argue, too forgiving of bad driving”
The group are calling to review the following actions and penalties:
- Escalated penalties for repeated offences
- Compulsory Re-Testing
- Exceptional hardship to be ‘truly exceptional’
- Removal of tolerances in speed enforcement
- Increased maximum sentence for dangerous driving from 2-4 years
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Escalated penalties for repeated offences
Analysis of police data from 2014-2017 revealed that 47 per cent of people who were convicted of driving whilst disqualified had a minimum of one previous conviction, however 30 per cent had two or more. The APPGCW argues that this gives out the impression that traffic law is not taken as seriously as it should be, therefore offenders are more likely to commit a second or third offence without facing extra penalties. As a result of this, the APPGCW are recommending that the Government should consider the introduction of escalating penalties for repeat traffic offences. -
Compulsory Re-Testing
Re-testing is currently established in road traffic law in relation to those who are convicted of dangerous driving or more serious offences. Offenders must re-test if they wish to drive again after serving their ban. However, the latest sentencing guidelines do not require offenders to re-test for causing serious injury by careless driving, or for driving/attempting to drive over the limit with specified drugs in the system. As a result of this, the APPGCW are recommending that the Government seek consistency with re-testing - to apply to anyone wishing to drive following any period of disqualification.
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Exceptional hardship to be ‘truly exceptional’
Roughly 23 per cent of those who accumulate 12 penalty points manage to successfully argue against disqualification on grounds of exceptional hardship. Exceptional hardship is defined as extreme inconvenience or suffering which an offender would be subjected to as a result of losing their license due to a totting up ban. However the APPGCW argue:
“This is clearly a paradox – if nearly one quarter of any group is treated as exceptional, there is something wrong with either the definition of the term or its application. The consequence is that many drivers who should be serving a ban are instead allowed to continue driving.”
As a result, the APPGCW are calling for the term ‘ exceptional hardship’ to be reviewed and to be considered only in truly exceptional circumstances , where an offender will escape disqualification for a very good reason.
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Removal of tolerances in speed enforcement
Currently, a driver will not usually be charged with speeding in a 30mph zone unless travelling at 35mph or more, as the “10mph plus 2” has given offenders a way of escaping prosecution. However, the APPGCW argue:
“If the working assumption is that one can speed (to an extent) with impunity, this fosters a belief that traffic law does not need to be taken seriously….82 per cent of people think it is not safe to speed even slightly in residential streets, as compared with eight per cent who believe the opposite”.
The APPGCW therefore argues and recommends that the tolerances in the enforcement of speeding be removed.
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Increased maximum sentence for dangerous driving from 2-4 years
Dangerous driving is without doubt the most serious conduct crime in traffic law, but despite the seriousness of this offence, magistrates and judges are still limited to offering a two-year sentence. An argument for this is that the maximum penalty for being in possession of an offensive weapon in a public place (and without good reason) currently carries a 4-year sentence. It is stated by the APPGCW that:
“In addition to being a very useful tool, a car has the potential to be a lethal weapon. And those who drive dangerously (as defined by the offence) are effectively wielding a lethal weapon.”
The APPGCW therefore recommends that the Government increase the maximum sentence for dangerous driving to four years.
To see the full APPGCW Road Justice Report 2023 - visit this link.
