Select Committee on Transport Written Evidence


Memoranda by Transport 2000 (TLE 10)

TRAFFIC LAW AND ITS ENFORCEMENT

  Transport 2000 welcomes this Select Committee inquiry. We believe that traffic law enforcement rarely receives the attention or priority that it should considering that over 3,000 people lose their lives on British roads every year.

  Transport 2000 co-ordinates the Safer Streets Coalition, a group of nearly 30 thirty national organisations concerned with issues of road danger reduction and quality of life. In the SSC manifesto, we make clear the importance of traffic law enforcement—especially that which relates to speeding—and the need for tougher action to tackle this most anti-social of behaviours.

  This point is perhaps best summed up by the aggressive coverage received by Richard Brunstrom, Chief Constable of North Wales Police, over the summer when his successful record in catching speeding drivers was attacked in the popular press. His record in this area can be successfully contrasted with that of Durham Police who have steadfastly refused to endorse speed cameras and who experienced a rise in road deaths in the last year. It is disappointing that the Home Office and Department for Transport have not been more vocal in defending Richard Brunstrom's record in this area.

  Speed is the biggest contributory factor in road crashes in the UK and contrary to the impression created by the popular media, action to tackle speed is popular with the majority of the public. (The Committee's report on this area last year was a very significant contribution to the debate.) Speed cameras regularly receive the support of 75-80% of those polled and cameras have been proven to be effective at slowing drivers down and saving lives. A key, additional point that is often forgotten about speed cameras is that fixed cameras enable further traffic law enforcement to take place as officers are freed to work on other areas. To what extent police authorities rely upon speed cameras for the entirety of their traffic law enforcement (knowing that cameras are very effective) thereby ignoring other traffic crimes (red light running, bus lane infringements, driving while uninsured) is not known. However, police time saved by speed cameras should enable police authorities to concentrate on other areas of law enforcement more effectively than at present.

  Of course, the need for speed limit enforcement will ultimately become moribund if we implement a system of Intelligent Speed Adaptation which would actively prevent drivers from speeding across the road network. Government has recently given some very welcome indications that they will move towards a system of road user charging. ISA will require similar technology and we would like to see government move in this direction quickly. ISA could also deal with the issue of uninsured, unlicensed and banned drivers, as well as stolen vehicles, as the technology would enable us to ensure that all vehicles could be tracked, and drivers could not start a car unless their license was inserted into dashboard technology.

  In our view, not enough is done to promote the needs of pedestrians and cyclists. Several measures could help reduce road danger for pedestrians and cyclists. Vehicles should legally give way to pedestrians when they turn from a major road into a minor road and we would also welcome the implementation of a minimum overtaking distance (width) for vehicles and pedestrians. We would also like to see a change in the law to introduce the assumption of vehicle driver liability for personal injury insurance claims, when motorised vehicles are in collision with a vulnerable road user (with the exception of when the VRU has broken road traffic laws).

  More broadly, research confirms that those who infringe traffic law are more likely to be involved in other crimes too, which further enhances the case for traffic law enforcement receiving a higher priority than it currently does.

  Due to our close association with RoadPeace, we are only too well aware that road traffic victims consider that they currently receive second class treatment from the criminal law. Penalties are usually much lower for drivers responsible for road deaths than for other forms of unlawful death where someone is culpable, and our submission below outlines our views on sentencing, which we believe should be tougher as an incentive to drive more carefully on the road.

  Enforcement is not the only way to reduce traffic crime of our streets. Education of all road users and engineering of the roads to deal with difficult junctions, bends etc and so that the driver can clearly understand appropriate speeds, will play key roles too. But enforcement is a crucial element and we must not allow the attitude of elements of the media that criticise those who take a tough line in this area, to dominate the debate.

  Transport 2000 supports the introduction of the following measures to make traffic law enforcement more effective and fairer to all:

PENALTIES

    —  Raising the maximum sentence for causing traffic death offences to 14 years.

    —  Tougher penalties for hit-and-run offenders and application of the "perverting the course of justice" offence to traffic offenders.

    —  Recognition of the fact of death and injury in traffic offences.

    —  Dangerous driving penalty raised to 5 years.

    —  New offence of `close following' introduced.

    —  New two tier approach for speeding with higher penalties for those who drive at significantly higher speeds than the posted limit.

    —  Ban all mobile phone use while at the wheel, including the use of hands-free sets.

    —  Lowering the drink drive limit from 80 to 50mg in blood tests.

    —  New offence of causing death by negligent driving.

SPEED AND CAMERAS

    —  Making it mandatory for all police authorities to join the Safety Camera Partnership Scheme and to use speed cameras.

    —  Revision of the guidelines for camera use to enable far greater use of speed cameras at places where crashes have yet to happen, but where there is perceived danger by local communities.

    —  Trials held which compare the effectiveness of conspicuous and inconspicuous speed cameras on different parts of the road network and the results rolled into the safety camera partnership guidelines.

    —  Speed camera enforcement thresholds gradually reduced so that ultimately speed limits are actively enforced within one or two miles per hour of the posted limit.

    —  Hypothecation of total revenue from speed cameras to road safety work, including the setting up of a bursary scheme to enable drivers to get grants to cover the costs of installing intelligent speed adaptation.

    —  Government to outline how they will implement a system of intelligent speed adaptation for all cars which will remove the need for speed limit enforcement ultimately, enabling the police to concentrate on other area of traffic law.

OTHER CHANGES

    —  Adoption by employers of a Code of Practice, along the lines attached, to reflect the fact that about one third of road crashes involve a vehicle being used for work.

    —  Smart driver licensing, improved documentation, and mandatory carrying of licences when behind the wheel.

    —  Roadside evidential impairment testing.

    —  Promote automatic number plate recognition technology in enforcement.

    —  Introduce front number plates for motorcycles to help increase enforcement of traffic law on motorcyclists.

    —  Mandatory register of driving instructors specialising in fleet driver training.

    —  Introduction of additional police powers for random breath testing.

    —  Setting up a scheme which will recycle traffic law fines (except for those from cameras which are already recycled) to a fund to pay for driver retraining.

    —  Change law to introduce assumption of driver liability for personal injury insurance claims, when motorised vehicles are in collision with a vulnerable road user (with the exception of when the VRU breaks traffic laws and/or does not act in accordance with standards expected according to their age and experience).

    —  Vehicles should legally give way to pedestrians when turning from a major road into a minor road.

    —  Implement a minimum overtaking distance (width) for vehicles and pedestrians.

  Transport 2000.

October 2003





 
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