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 enforcementespecially that which relates to speedingand
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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