Motorists who cause death by dangerous driving now face up to 14 years in prison.
Drivers who cause death while using a mobile phone now risk up to seven years in prison.
The Sentencing Guidelines Council (SGC) has told courts to deal more robustly with driving offences that result in death.
Drivers who cause death now face up to 14 years in prison
Courts in England and Wales are required to follow the SCG recommendations, made on 15 July 2008.
The maximum 14-year prison sentence applies to the most serious cases that involve aggravating factors, such as persistent bad driving, failing to stop, drugs or alcohol.
Causing death by careless driving carries a likely prison term of up to three years.
Where death by careless driving is caused by “momentary inattention” and there are no aggravating factors, the penalty should be a community sentence.
The new guidelines cover the offences of:
- Causing death by dangerous driving
- Causing death by careless driving under the influence of alcohol or drugs
- Causing death by careless driving
- Causing death by unlicensed, disqualified or insured drivers
Drivers who use mobile phones should be treated “robustly”, the SGC said. If the driver is “distracted by a handheld mobile phone when the offence is committed”, courts should regard it as “particularly serious”.
The new guidelines should prompt any business that has not already done so to review its mobile phone policy.
“These guidelines simply reflect the way the courts have been dealing with these types of offences recently. Heavy sentences are being handed down and the guidelines simply approve this approach,” commented Sean Joyce, partner, Stephensons Solicitors.
“Owners and managers of businesses must protect themselves from the indiscretions of their employees by introducing robust and effective occupational risk management policies in connection with their vehicles.”
“If a company vehicle is involved in a fatal or serious road traffic accident then expect to be placed under the microscope by the investigating authorities.”
The so called ‘grey fleet’ poses perhaps the biggest danger – those private cars run on company business.
“You must have effective systems in place to ensure that employee-owned vehicles are maintained in a roadworthy condition and that drivers are properly licenced and insured.”
“Taking advice on preventative measures could save your business, your staff’s driving licences and perhaps someone’s life.”
Further information
- Read our Law & Tax article What the law says about driving and mobile phones
- The new Sentencing Guidelines Council recommendations are available here: www.sentencing-guidelines.gov.uk