Safety, Health And Environment Regulatory - Motor Crime Team's Transport & Logistics: July 2020 Update

• Published date: 03 August 2020
• Subject Matter: Transport, Coronavirus (COVID-19), Rail, Road & Cycling, Government Measures
• Law Firm: Clyde & Co
• Author: Mr Chris Morrison and Kate Hargan

Introduction

As the transport and logistics industry takes its first steps towards returning to normal following the coronavirus pandemic, in our July motor crime update we look at the key developments over the last month and the current challenges faced, including:

• Life sentences for dangerous drivers;
• Reintroduction of mandatory MOT testing;
• Ban on 10 year old tyres;
• Review of heavy vehicles testing;
• E-scooter trials;
• Theory tests and motorcycle training and tests restarting; and
• Review of roads policing

Getting away with murder? Dangerous drivers face life sentences

We are not talking about a moment's inattention that has disastrous consequences. We are talking about deliberate recklessness without any thought for anyone else's life."¹

Theresa May is seeking to ensure those who drive dangerously face life imprisonment through the introduction of the Death by Dangerous Driving (Sentencing) Bill.²

The Bill would amend the existing Road Traffic Offenders Act 1988 to increase the maximum sentence for causing death by dangerous driving from 14 years to life imprisonment. Offenders who caused death by careless driving while under the influence of drink or drugs would also face a life sentence. Judges would still retain discretion as to what length of sentence is appropriate, but the measure in the Bill would give them greater scope and enable them to issue more severe sentences than currently possible.

The issue was previously reviewed and consulted upon by Mrs May's government. It led to a commitment in 2017 that drivers who caused death by speeding, racing, or using a mobile phone would face the prospect of a life sentence. However, the commitment was not acted upon.

Commenting on the delay in implementation, Joshua Harris, director of campaigns for Brake, previously said:

It is completely unacceptable that these new tougher sentences have not yet been implemented. The Government needs to focus its attention on the issues which matter most to road safety - delivering justice for road crash victims and keeping dangerous drivers off our roads."³

Mrs May recently pushed for a resolution, telling the Commons in January:

"One of the areas of sentencing policy that has alreaemdy been reviewed and consulted on is the whole question of death by dangerous driving, particularly when drugs are involved, such as in the tragic case of my constituent Bryony Hollands. The previous government committed to legislate on this issue to lengthen sentences in certain...