new offence for death by careless driving

A new offence of causing death by careless driving came into force across the UK this week. Under the new offence, a motorist who kills while avoidably distracted could face a prison sentence of up to five years.

The Ministry of Justice gives a number of examples of what might be classified as an avoidable distraction, including: reading a text message, glancing at a map, eating, drinking, tuning a radio, putting on make up. For the first time, the legislation will concentrate on the impact the sub-standard driving has, rather than the culpability of the motorist. Under the existing legislation, only dangerous driving, defined as driving falling far below that standard of a reasonably competent driver, carried a potential prison sentence.

The new legislation will also cover drivers who are convicted or plead guilty to causing death whilst uninsured, disqualified and without a licence.

For more information, contact Tim Williamson, a solicitor in Blake Lapthorn's Motoring Offences team on 01865 253286; or email tim.williamson@bllaw.co.uk.