The new offences, for the first time, allow courts to imprison drivers who cause deaths by not paying due care to the road, or to other road users. They are designed to plug the gap in current legislation and so prevent drivers who kill walking away from court with just a fine.
Avoidable distractions which courts will consider when sentencing motorists who have killed include:
- using a mobile phone (calling or texting)
- drinking and eating
- applying make-up
- anything else which takes their attention away from the road and which a court judges to have been an avoidable distraction.
The new laws will also penalise uninsured, disqualified or unlicensed drivers who kill.
The new offences will carry custodial sentences of:
- up to five years for causing death by careless driving
- up to two years for causing death by driving while unlicensed, disqualified or uninsured.
Prior to the introduction of these new laws, the maximum sentence for those convicted of causing death by careless, uninsured or unlicensed driving was a maximum £5,000 fine and penalty licence points.
The tougher penalties have been introduced under the Road Safety Act 2006.
The offence of using a mobile phone while driving still exists. For further information see the Department of Transport website.
The independent Sentencing Guidelines Council published definitive guidelines on sentencing for death by driving offences in July of this year see 'Causing Death by Driving' guidance