Nigel Grainger brings together a related set of skills that all fleets require, to greater or lesser
degrees, but which may not have the staffing or the skills to fulfil those needs.
Bringing his wealth of experience in all areas of fleet management he offers a bespoke service through his company Fleet Risk Consultants, providing you with a cost effective fleet that complies fully with your 'duty of care' requirements.Causing Death by Careless or Inconsiderate Driving
Todays article has been written by Stephen Thomas, a Solicitor Advocate.
This offence, introduced in the Road Safety Act 2006 finally became law in August. The Act defines “careless” as falling below the standard of what would be expected of a competent and careful driver.
Examples of situations where a driver has been convicted of careless driving include: Signalling one way and then carrying out a different manoeuvre; failing to take precautions at a junction with restricted visibility and crossing into the path of an oncoming vehicle; reading a newspaper whilst driving; applying brakes causing wheels to lock
It also includes, driving inappropriately close to another vehicle; turning on a radio; and selecting and lighting a cigarette. In applying the competent and careful test courts have traditionally set the bar at a very high standard which unfortunately means it is very easy to convict of this offence.
The fact that another road user may be partly to blame is not necessarily a relevant factor to be taken into account when considering guilt. The court is confined to considering whether the driver has met the required standard. Fault of another may be relevant in mitigation.
Inconsiderate driving includes flashing lights to force other drivers to give way unnecessarily; remaining in the overtaking lane; driving with undipped headlights; splashing pedestrians by driving through puddles; and driving a bus in a way that alarms passengers.
If charged the driver can be dealt with in either the magistrates’ court or in the crown court. The offence attracts a maximum sentence of 5 years imprisonment. The sentencing council has issued guidelines dividing the offence into 3 tiers of seriousness.
At the top end is a course of driving that is so careless it falls only marginally short of being dangerous. At the other end of the scale is a course of driving where the level of culpability is low e.g momentary inattention, misjudging the speed of another vehicle, turning into the path of another vehicle without seeing that vehicle. All other cases fall into the intermediate category.
Aggravating features which would lead to a higher penalty include driving at excessive speed, carrying out other tasks whilst driving, carrying passengers or heavy load, tiredness, high level of traffic and location e.g near a school. Mitigating features that would reduce the penalty are minor risk, inexperience of driver and sudden change in road or whether conditions.
If convicted the driver must be disqualified, although if he can successfully argue special reasons for committing the offence e.g emergency, shortness of distance driven then the court can endorse the licence with 3-11 penalty points. The court can order the offender to take an extended driving test.
For a first time offender the recommended penalty is as follows:
- 1. For offences in the most serious category defined above – 15 months imprisonment although the window for sentencing will be in the region of 9 months to 3 years imprisonment. This type of case would have to be dealt with in the crown court.
- 2. For offences that fall in the intermediate category the penalty will range from a community sentence to 2 years in custody with a recommended penalty of 9 months imprisonment. This would also have to be dealt with at the crown court.
- 3. For offences falling in the low category of seriousness a community penalty e.g community service is recommended – and can be dealt with at the magistrates’ court.
Having dealt with many careless driving cases over the years, it is clear that if death occurs not only does it have an unbearable impact on the family of the deceased but also the guilty driver.
Until recently a driver would face a fine and penalty points – that is no longer the case. Everyday pressures can cause us to make a simple error which could have life changing events.
I have heard judges describe cars as lethal weapons which must be driven with care, the new legislation with the introduction of much harsher penalties, shows how seriously this type of incident is now being treated.
Stephen Thomas LL.B., A.K.C. (Solicitor-Advocate)