Health & safety bulletin
Driving Offences - Guidlines
28th August 2008
Xmo Strata operates a no drink, no drugs policy as well as complying with current UK laws surrounding the use of mobile telephones and smoking in company vehicles.
The Guidelines Council has recently published new procedures for courts dealing with driving offences that result in death. The revised guidelines came into effect on 4th August 2008, are applicable when sentencing any offender aged 18 or over.
Offences covered under the new guidelines
Courts are advised that the following offences are punishable by lengthy custodial sentences:
- Causing death by careless driving
- Causing death by dangerous driving
- Causing death by driving under the influence of drugs
- Causing death by driving: unlicensed, disqualified or uninsured drivers
Magistrates and judges are advised that for the first three of the offences above, they will need to consider how bad the driving was and the level of danger this created to ascertain the severity of the offence. The offender's behaviour can also act as an aggravating factor.
Council recommendations
- The use of mobile phones while driving should be treated robustly and that this offence should be taken particularly seriously
- A custodial sentence of 3 years is likely where death follows careless driving. A higher sentence is also possible where there is a combination of aggravating factors
- Where the driving involved 'momentary inattention' with no additional aggravating factors, a community sentence which may include a curfew, should be given
- The maximum sentence where death results from an offence involving driving unlicensed, disqualified or un-insured, is 2 years. The severity of the offence should be based on the reasons that the offender should not have been driving
- Where non-custodial sentences are considered appropriate, a community order should be used
Levels of severity
Reading or composing text messages over a period of time while driving is likely to result in the offence being in the higher level of seriousness and the guidelines recommend that offenders should serve up to seven years in prison.
The council advises that the most serious category of causing death by dangerous driving is by prolonged, persistent or deliberate bad driving or the consumption of substantial amounts of drugs or alcohol. Guidelines recommend that offenders should serve at least seven years in prison.
When dealing with cases of death by careless driving under the influence of alcohol or drugs, the council advises that sentences will be dependant upon the degree of intoxication.
Further information is available at www.sentencing-guidelines.gov.uk
I would like to thank Terry Moody of Gilbarco Veeder-Root for bringing this information to my attention and sharing in our efforts to maintain an incident and injury free environment.