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Govt. To Take Tougher Line With Dangerous Drivers

31st March 1961, Page 37
31st March 1961
Page 37
Page 37, 31st March 1961 — Govt. To Take Tougher Line With Dangerous Drivers
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From Our Political Correspondent

THE Government's determination to take a much tougher line with all who are persistently guilty of dangerous or careless driving, and those who drive after taking alcohol, is made crystal clear in the Road Traffic Bill (formerly referred to as the Road Safety Bill) which was published last week, and which comes up for second reading in the House of Lords on April 11.

Instead of having to prove that a driver is "incapable of having proper control" of a vehicle through having taken drink or drugs, the Bill would give the prosecution the task of proving that the driver's 'ability to drive properly is for the time being impaired," Clause 2 introduces for the first time the use of evidence provided by a blood or urine test or by a breathalyser. This would be brought in as secondary evidence, and the accused would be able to refuse to undergo a test when asked by the police. There is no question of making spot checks on drivers, as in Sweden.

The first Schedule of the Bill contains a list of .51 offences, divided into three sections, for which the penalties are being either: increased or changed and which will be endorsed on licences. The liability of the accused to a short term of imprisonmentforminor road offences is to be removed, though the penalties for first offence are increased, or the maxima are brought up to the maxima for second or subsequent offences.

Part I of the schedule should be studied closely by all drivers and operators. It contains a list of seven offences for which the court will be required, in the absence of special mitigating circumstances, to order automatically the disqualification of the driver from holding a licence for at least 12 months. When the offence of driving while under the influence of drink or drugs is committed within 10 years of a previous similar offence, the automatic disqualification will be for at least three years.

16 Other Offences The seven offences are manslaughter by a driver, causing death by dangerous driving, dangerous driving committed within three years of a similar conviction, driving under the influence of drink or drugs, racing, driving while disqualified, and the use of a vehicle uninsured or unsecured against third party risks.

. Part II of the schedule lists 16 other offences for which the courts will have discretionary power to disqualify, and which, with the offences in Part I, will count for the automatic six months' disqualification if three of the offences are committed within a period of three years. These include leaving a vehicle in a dangerous position, breaking a speed limit, and an offence under section 64 (2) of the 1960 Act (construction and use provisions), "committed by using a vehicle on the road, or causing or permitting a vehicle to be used, either—(a) so as to cause, or to be likely to cause,

danger by the condition of the vehicle or its parts or accessories, the number of passengers carried by it, or the weight, distribution, or adjustment of its load; or (b) in breach of a requirement as to brakes, steering gear, or tyres." The maximum penalty for a first offence under these provisions is to be brought up to £50 (the existing penalty for a second or subsequent offence) from £20. The provisions apply to vehicles and trailers.

Severe Consequences Much argument is expected over the decision to include speeding in this list of offences, because three convictions in three years could have severe consequences for a man who depends for his living on being able to drive. The Minister has anticipated this by ordering a -complete reassessment of all speed limits throughout the country to make them "more realistic "; after this has been done, the limits will be strictly enforced. He will also be given new powers to experiment with new speed limits (both upper and lower) and greater use will be made of the 50 m.p.h. upper limit on main roads at times of high traffic density.

. The maximum fine for careless driving is to be increased from £40 to £100, and that for speeding, leaving a vehicle in a dangerous position, or failing to obey a school-crossing patrol, from £20 to £50.

Subject to conditions that will be specified in regulations, the Minister will have power to raise the age limit for driving articulated vehicles from 17 to 21, and to lower the age limit for driving farm tractors from 17 to 16.

A gap in the present law is to be plugged by Clause 12 requiring all vehicles to carry headlamps. The Minister will make regulations giving the conditions which will have to be complied with, Section 12 of the 1957 Road Transport Lighting Act, which prohibits the sale of unsuitable appliances adapted for use as reflector, is to be applied also to tail lamps. Regulations will define the position of tail lamps and headlamps.

The Bill has been started on its journey in the House of Lords because there is a pile-up of Bills in the Commons; it seems highly unlikely that it will get passed by the end of the present session (August) and this would mean bringing it in again next session. If this happens it .would not become law until about the beginning of 1962, though the various parts of the Act will be brought into operation on "appointed days " thereafter...

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Organisations: House of Lords, HE Government

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