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THE PANEL (continued) MALCOLM MILLARD MGM Haulage Flexford, Southampton
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Malcolm Millard Haulage veteran Malcolm Millard believes five years in jail is fair for causing death by careless driving. But he too wonders whether the crime will simply be about slight mistakes, or outright negligence, and where the line will be drawn between careless and dangerous motoring.
"It could be that a driver is prosecuted for causing a death due to overloading of his vehicle," he points out. "Yet in my part of the world a lot of weighbridges have closed down, making it difficult to check.
"I think all ports should have weighbridges for incoming vehicles."
Millard points to the Selby rail crash, caused by a driver who nodded off and slid down a railway embankment, as an example of the difficulties in apportioning blame. The driver was successfully prosecuted for dangerous driving, yet Millard believes railway officials should also have been held responsible for not having crash barriers to stop it happening.
"I think death by careless driving needs to be judged very carefully," he warns.
MARTIN BARNES Proiect manager Logistical Support Services Bristol
"Its definitely a step in the right direction," says Martin Barnes. He believes the new law will provide the kind of justice many families of the bereaved look for in a case of death by careless driving.
But there are potential pitfalls, he fears, mainly involving the definition of careless driving and the way the courts interpret the law: "I'm all in favour of tougher sentencing but, as I've said before on other issues, I'd rather see better enforcement of existing laws than the introduction of new ones.
"If death by careless driving cases are investigated properly and effectively, I don't think any law-abiding haulier is going to have a problem." MICHAEL OINEN General Manager
Commercial Vehicle Finance Basingstoke, Hants
Tough penalties might send out a signal to drivers, says Michael Owen, but they won't stop reckless driving: "That's because no driver ever thinks they are going to kill somebody. This bill is not going to make the roads any safer."
He shares the view expressed by other panel members that statistically truck drivers are far more likely to end up facing jail than car drivers. Their standards of roadcraft may be substantially higher, but simply by virtue of the amount of time they spend on the road, they are at greater risk, "Take an office worker who might drive three miles to work and home again and maybe do 50 miles at the weekend," he adds. "Compare that with a lorry driver on the road eight hours a day for five or six days a week. His chances of having an accident are much higher and that could lead to a prosecution. "I think there should be some consideration for this written into the law. As it stands, the finger of blame will always point at the truck driver."
CHARLES BURKE TRS Engineering Rhonda Valley
The new law is long overdue, is Charles Burke's verdict he reckons tougher penalties for careless driving are definitely warranted. Yet he has few concerns that the vast majority of law-abiding truck drivers have much to fear from the new legislation. Instead, he suggests, car drivers are likely to bear the brunt of the new laws.
"Given all the regulations imposed on our industry by the government and the very high standards that we adhere to, I don't think this is going to be a major problem.
"I welcome the new penalties," he says, "lout I think car drivers are the main culprit here. The standard of driving among car drivers has dropped hugely during my time in the business."
Despite the new, tougher penalties, Burke sees little justification for the planned CPC for drivers.
"I don't think truck drivers need additional training," he adds. To be a driver today you've already got to have reached a very high professional standard."
NEIL JAMES
Managing Director Hunts of Redditch
Neil James, who has been at the head of this international removals firm for 17 years, fears many drivers could be hit hard by the tough new sentences for careless driving, be it through speeding, not paying attention or simply taking their eyes off the road for a split second.
"We've all done it," says James. 'But then if my daughter was killed I would want to see the driver that did it hung, drawn and quartered. But any one of us could do it and end up in jail for five years. When you're hauling 40 tonnes behind you there isn't much room for error."
ED PARGETER Director
EP Training Leatherhead, Surrey -Thus is a very good deterrent and a very good idea—providing it's enforceable," says Ed Pargeter.
He shares the opinion that much will depend on how the courts interpret careless driving. There may have to be one or two test cases before the principle becomes established, he believes—and only then, he fears, will most hauliers actually sit up and take notice: "Most people in this industry will only become aware of the new penalties once a truck driver is prosecuted.
"As for whether operators should review their driving standards, I think they're going to have to do that anyway with the new driver CPC that comes into effect in 2009."
FIND OUT MORE For more information on the bill go to www.parliamentuk/index.cfm