This is to remind Branches that Drivers who kill whilst avoidably distracted at the wheel will face prison under new careless driving laws which came into force on Monday 18 August.

The new offences will, 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)

* fiddling about with a Sat/Nav or Radio
* drinking and eating
* applying make-up
* anything else which takes the drivers 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 £5000 fine and penalty licence points.

Justice Minister Maria Eagle said: "Drivers who kill through carelessness will no longer be able to walk away from court with just a fine" "Neither should uninsured or unlicensed drivers who deliberately flout the law." "Driving requires full concentration at all times. A moment's distraction can make the difference between life and death."

Road Safety Minister Jim Fitzpatrick said: "The Government is committed to continually improving safety on Britain 's roads. Under the Road Safety Act we have already brought in tougher penalties for drivers who use hand-held mobile phones at the wheel and the introduction of these new offences today is the latest step to tackle bad driving and further improve safety on our roads." "Last year the number of people killed fell below 3,000 for the first time since records began in 1926 but eight people are still dying on the roads each day. Where carelessness - or an uninsured, disqualified or unlicensed driver - causes a death it is right that the driver should face tough penalties."

Association of Chief Police Officers (ACPO) spokesman on roads policing and Deputy Chief Constable Gwent Police Mick Giannasi said: "Careless drivers put themselves and others at risk every time they get behind the wheel of a car." "Despite good progress in recent years to reduce the number of people killed or seriously injured on the UK 's roads, more can be done to prevent the unnecessary loss of life. The introduction of this legislation will hit home the message that driving is a hazardous activity that requires total concentration. Allowing distractions to affect your standard of driving is not acceptable and will now be more appropriately punished under the law."

The independent Sentencing Guidelines Council published definitive guidelines on sentencing for death by driving offences in July.

The new offences are among a range of provisions introduced as part of the 2006 Road Safety Act, which was designed to improve safety on Britain 's roads and ensure that drivers who break the rules are brought to justice. It also includes measures to crack down on motorists who break the law by driving without insurance, or using a vehicle that is unroadworthy, and will also make it more difficult for foreign drivers to escape penalties for driving offences committed in the UK .

Find Sentencing Guidelines Council Causing Death by Driving guidance for courts here:

http://www.sentencing-guidelines.gov.uk/docs/causing_death_by_driving_definitive_guideline.pdf

Andrew Howard, AA Head of Road Safety warned: "Drivers need to remember that this does not just apply to 'others', people they read about in the paper, who are careless. It could also apply to them. While many will welcome killer drivers going to jail, we all have to remember that we are just one little slip of attention away from being there ourselves." "These new laws are the latest in the history of Britain 's attempt to handle the issue of people who kill other people while driving. Many other systems have been welcomed, but not satisfied everyone. Only time will tell if we have got it right with this new law."

The AA also expects these new laws to be widely welcomed by the insurance industry - many insurers significantly increase premiums, or refuse cover, for drivers who are convicted of careless driving, including convictions linked to the use of hand-held mobile telephones.

Simon Douglas, director of AA Insurance said: "Using a hand-held mobile telephone while driving, already attracts a fixed penalty of £60 and three penalty points. However, this offence often also attracts a careless driving penalty - whether the driver is involved in an accident or not. And in the event of an accident, particularly if someone is killed or seriously injured, police will routinely check mobile telephone records to see whether use of the phone was a contributory cause of the accident." "Insurers recognise that such penalties lead to sometimes significant insurance claims and will either refuse to insure convicted drivers or significantly increase the premium they pay."  

In a survey of insurers on its panel, AA Insurance discovered that half would refuse to quote for a driver with a CU80 (hand-held mobile phone) offence and a DC10 (careless driving) offence while those that did increased premiums by up to 50 per cent. That premium increase will remain for three years, significantly adding to the cost of the penalty.

Eight people die on our roads each day and drivers who have been convicted of causing death through careless driving can expect to find it very difficult and expensive to obtain car insurance after they have served their sentence.

No telephone call is ever worth the risk of causing death or injury. Switch the phone off when you are driving or put it on silent and collect calls at the next service area. And if you make a call to someone who is obviously driving, hang up immediately.

Yours Sincerely

Dave Joyce

National Health, Safety & Environment Officer