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Road Safety Bill [HL]

moved Amendment No. 19:"After Clause 17, insert the following new clause—" ““CAUSING DEATH BY CARELESS, OR INCONSIDERATE, DRIVING (1) In the Road Traffic Act 1988 (c. 52), after section 2A insert— ““2B CAUSING DEATH BY CARELESS, OR INCONSIDERATE, DRIVING A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.”” (2) In section 24(1) of the Road Traffic Offenders Act 1988 (c. 53) (alternative verdicts), in the Table— (a) in the entry relating to section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving), in the second column, after ““Section 2 (dangerous driving)”” insert ““Section 2B (causing death by careless, or inconsiderate, driving)””, (b) after the entry relating to section 2 of that Act insert—

(c) in the entry relating to section 3A of that Act (causing death by careless driving when under influence of drink or drugs), in the second column, before ““Section 3 (careless, and inconsiderate, driving)”” insert ““Section 2B (causing death by careless, or inconsiderate, driving)””. (3) In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 53) (offences to which certain sections apply), after the entry relating to section 2 of the Road Traffic Act 1988 (c. 52) insert—

(4) In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 2 of the Road Traffic Act 1988 (c. 52) insert—

(5) In sections 16(1)(a)(ii) and 17(1)(b) and (2)(b) of the Coroners Act 1988 (c. 13) (informing coroners)— (a) after ““1”” insert ““, 2B””, and (b) after ““dangerous driving”” insert ““, careless driving””. (6) In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (c. 32) (offences where notice must be given to authority of State in which offender is normally resident), after paragraph (b) insert— ““(ba) section 2B (causing death by careless, or inconsiderate, driving),””.”” The noble Lord said: My Lords, I come to an important part of the Bill which concerns speed limits and sentencing policy. The Home Office has, of course, a direct interest in this part of the Bill, and I was therefore looking with unsurpassed joy to the fact that my noble friend Lord Bassam of Brighton would be moving this amendment, while I would be able to give him the fullest moral support from the Bench. Regrettably, it falls to me to fulfil a rather more significant role on Amendment No. 19, and I take great pleasure in moving it. The amendment is the first in a series that takes forward some long-awaited measures arising from the review of road traffic offences involving bad driving, a consultation exercise which ran from February to May this year. Of all the issues that we have been concerned about in the Bill, this is probably the one which has exercised the minds of noble Lords most energetically as being of absolutely central significance to the Bill. The Government believe that it is vital to ensure that criminal law is fully effective in addressing bad driving and its all-too-often appalling consequences. These amendments will ensure that the offences and penalties available in cases of bad driving are sufficient in order to take into account the consequences of bad driving, as well as the offender’s culpability. I would be extraordinarily na&-uml;ve if I did not recognise that this was a difficult and contentious issue. The Government are firmly of the opinion, however, that we need to address this issue, and particularly the effects of bad driving, in the Bill. Amendment No. 19 creates a new offence of causing death by careless or inconsiderate driving. It sets out the penalties for the offence and to which offences this would be available as an alternative verdict. Amendment No. 29, which I will turn to in a moment, sets out in statute what is meant by careless or inconsiderate driving. The offence of causing death by careless driving was originally proposed in the 1999 House of Commons Transport Committee’s report on Traffic Law and its Enforcement. At present, causing death by dangerous driving is rightly considered a serious crime, and the Government have already increased the maximum penalty for causing death by dangerous driving, or causing death by careless driving while under the influences of alcohol or drugs, to 14 years’ imprisonment. However, many people have argued that where the standard of driving is not categorised as dangerous, by that I mean that it is careless, and a death results, the law is inadequate. What is the difference between ““careless”” and ““dangerous”” driving? It might be helpful if I turn to government Amendment No. 29, as it sets out what is meant by careless driving. Careless driving is currently defined in Section 3 of the Road Traffic Act 1988, which I shall from now on refer to as the RTA, as driving a mechanically propelled vehicle on a road or another public place without due care and attention, or without reasonable consideration for other users of the road or place. However, unlike the concept of dangerous driving, which is further defined in the statute as driving that falls ““far below”” the standard expected of a competent and careful driver, careless driving is not further defined. It is widely regarded, and there is case law to the effect, that careless driving is driving that falls ““below”” the standard expected of a competent and careful driver, but, for completeness and clarity, the consultation proposed that this needs to be set out in statute. That is done in subsections (2) and (3) of the Section 3ZA offence. Furthermore, subsection (4) of the amendment defines inconsiderate driving as being driving that inconveniences another person. Government Amendment No. 29 does not alter in any way the definition of careless driving that has been established in case law, or indeed the definition of inconsiderate driving, it merely sets out those definitions in statute. Amendment No. 29A would change that definition so that careless driving would only cover driving that falls substantially below that expected of a competent and careful driver. As I have set out, where driving falls far below the expected standard, the offence of dangerous driving would be the appropriate charge.