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And Again Another Death
Daily Mirror this morning, HGV Driver causes the death of a motorist by looking at a text message, when is this government going to get it in it's thick head that Texting whilst driver is as bad as Drinking & Driving, if caught there should be an instant ban of a 12 month & a hefty fine, how many more deaths have to happen before serious action is taken against these Inconsiderate fools.
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Looks like he's going to prison for a while, is that taking it seriously enough for you?
Also it says
//Danny Warby, 28, was driving a Light Goods Vehicle along the A141 in Cambridgeshire when it veered into oncoming traffic//
So, not an HGV then.
Looks like he's going to prison for a while, is that taking it seriously enough for you?
Also it says
//Danny Warby, 28, was driving a Light Goods Vehicle along the A141 in Cambridgeshire when it veered into oncoming traffic//
So, not an HGV then.
The brother of a lady I know was killed in a head-on collision with a driver who (according to that driver's passenger) was looking up a number on his mobile phone. That was about 10 years ago, and the problem has got worse. I was hit from behind by a driver on her phone who was too distracted to notice I was slowing. I had to be checked in hospital (just whiplash luckily) but as I left A&E, dazed and confused, I was nearly hit on the hospital pedestrian crossing by a driver on his mobile phone!
A major culture shift is needed. Doesn't help when American films and TV programs show drivers on their phones "looking cool".
A major culture shift is needed. Doesn't help when American films and TV programs show drivers on their phones "looking cool".
“Although to be fare I have always thought that the punishment for killing someone with your vehicle should be much higher. Manslaughter rather then dangerous driving or anything like that.”
Manslaughter is scarcely used for driving offences involving death because two specific offences exist: causing death by careless or inconsiderate driving (maximum sentence 5 years) and causing death by dangerous driving (14 years). These two (the first of which was only introduced five or six years ago) provide for different offences to be charged depending on the manner of driving which caused the death. Although manslaughter is a possible charge it is rarely used simply because the other two specific offences are available. It is true that Life sentences are available for manslaughter but such a sanction would be unlikely to be used anyway.
The difference between “careless” and “dangerous” driving consists of one word:
Careless: When the standard of driving falls below that expected of a careful and competent driver”
Dangerous: When the standard of driving falls far below that expected of a careful and competent driver”
Spot the difference? Many people don’t. But the word “far” is the only difference. There is plenty of case law and guidance to demonstrate the difference but many people today are charged with “careless” when “dangerous" is probably more appropriate. When a death is involved the same definitions apply hence many people causing a death by “careless” driving do not see the inside of a prison cell. Texting and using a phone is nearly always charged as “dangerous” but often a plea bargain is arranged to secure a “careless” conviction without a trial.
Manslaughter is scarcely used for driving offences involving death because two specific offences exist: causing death by careless or inconsiderate driving (maximum sentence 5 years) and causing death by dangerous driving (14 years). These two (the first of which was only introduced five or six years ago) provide for different offences to be charged depending on the manner of driving which caused the death. Although manslaughter is a possible charge it is rarely used simply because the other two specific offences are available. It is true that Life sentences are available for manslaughter but such a sanction would be unlikely to be used anyway.
The difference between “careless” and “dangerous” driving consists of one word:
Careless: When the standard of driving falls below that expected of a careful and competent driver”
Dangerous: When the standard of driving falls far below that expected of a careful and competent driver”
Spot the difference? Many people don’t. But the word “far” is the only difference. There is plenty of case law and guidance to demonstrate the difference but many people today are charged with “careless” when “dangerous" is probably more appropriate. When a death is involved the same definitions apply hence many people causing a death by “careless” driving do not see the inside of a prison cell. Texting and using a phone is nearly always charged as “dangerous” but often a plea bargain is arranged to secure a “careless” conviction without a trial.
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"I suspect you're getting over excited there, Tora3."
I'm not so sure that he is.
The epidemic of people faffing about with phones and other gadgets whilst driving is completely out of hand. The current penalty (£100 and three points) is hopelessly inadequate especially bearing in mind the extremely low level of detection. The mandatory sanction of a minimum one year disqualification certainly as a deterrent effect on drink-drivers, There will always be a hard core of drivers who will drink whatever the consequences. But there is little doubt that the casual drinker certainly thinks hard before driving over the limit with the possibility of a year's ban on offer.
I'm not so sure I'd suggest an immediate life ban, but certainly a year for a first offence followed by three years for a second within ten years (as with DD) and, of course the sort of insurance grief that accompanies excess alcohol offences.
I'm not so sure that he is.
The epidemic of people faffing about with phones and other gadgets whilst driving is completely out of hand. The current penalty (£100 and three points) is hopelessly inadequate especially bearing in mind the extremely low level of detection. The mandatory sanction of a minimum one year disqualification certainly as a deterrent effect on drink-drivers, There will always be a hard core of drivers who will drink whatever the consequences. But there is little doubt that the casual drinker certainly thinks hard before driving over the limit with the possibility of a year's ban on offer.
I'm not so sure I'd suggest an immediate life ban, but certainly a year for a first offence followed by three years for a second within ten years (as with DD) and, of course the sort of insurance grief that accompanies excess alcohol offences.
“p.s. To say it's worse than DD is absurd.”
Not that absurd, db. There have been plenty of studies that have shown that the level of impairment caused by taking part in a phone call (even hands free) is at least as bad as being over the limit. Of course when examining texting at the wheel the distraction caused by focussing on a small screen between glancing at the road ahead is far worse.
Not that absurd, db. There have been plenty of studies that have shown that the level of impairment caused by taking part in a phone call (even hands free) is at least as bad as being over the limit. Of course when examining texting at the wheel the distraction caused by focussing on a small screen between glancing at the road ahead is far worse.
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Interesting point about seat belts. I can remember when the compulsory seat belt law was being introduced. There was huge opposition from people who thought they would be trapped in a crashed and possibly burning car. There were 'seat belt cutters' being sold in all the car accessory shops. They had a blade that was designed to cut the seat belt, you had a 'clip' to mount them near to the steering wheel so that you could grab it and 'cut yourself free' in the event of a crash. Seems absurd now but I clearly remember it happening.
They are still being sold at least in the USA!
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Bit of info here, db:
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It's US based but there's plenty of stuff available which draws similar conclusions.
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It's US based but there's plenty of stuff available which draws similar conclusions.
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the thing about DD is that they are at least looking where they are going. Talking or worse texting means that actually driving is not the primary activity of the driver. There is a lot of opinion that texting is definitely more distracting than DD. I think we need at least a 12month ban, then harsher up to total ban. It has deterred most drink drivers.
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