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On Monday this week MPs debated sentencing for road traffic offences resulting in fatal collisions. Here is a link to the transcript of the debate. Warning: it makes for uncomfortable reading with details of fatal incidents and powerful testimonies from family members of victims who were present at the debate as well as from MPs with their own personal experiences:https://hansard.parliament.uk/commons/2021-11-15/debates/2F33B858-4F79-42CA-9544-790886B089C1/RoadTrafficOffencesFatalCollisionsThere is a focus on failing to stop at the scene of an incident (I am aware of two such examples of this in Chiswick in the past few weeks - both reported to the police) but the debate is wide ranging, covering death by both careless and dangerous driving. As is the government's response and statement that road crimes and sentencing have been reviewed and, for more serious offences, measures are being brought forward under the new Police, Crime, Sentencing and Courts Bill.Ruth Cadbury speaks in the debate and mentions an incident in Chiswick.There is too much complexity and nuance in the debate for me to summarise in a single forum post. For those expressing strong opinions on road safety on this thread and others on this forum, and for those outraged by my original post and link to a story of a fatal collision not far from here which has resulted in some discussion about the appropriateness or otherwise of the sentence and which was deemed newsworthy enough to be reported on by a number of media outlets, I recommend sitting down with a cup of tea and reading the full transcript. Ben Bradshaw's opening statement provides a good summary of the sentiment and content of the debate:"I congratulate the petitioners who brought this subject to Parliament for debate, which reflects a growing concern in the country and, indeed, the House about how, increasingly, when it comes to road crime, the punishment does not fit the crime. Offenders all too often get off with a paltry fine, a suspended sentence or a ridiculously short driving ban, if they get a ban at all, while the loved ones of the victims are left devastated and grieving for the rest of their lives."

Paul Campbell ● 1802d

As I said the debate is wide-ranging and covers much more than failing to stop. For example it also covers enforcement in general. "I also met virtually with Alison Hernandez, who is the police and crime commissioner for Devon, Cornwall and the Isles of Scilly and the road safety lead for the Association of Police and Crime Commissioners. Alison launched a strategy in 2018 to create the safest roads in the UK. A 2020 APCC road survey received 66,266 responses from across England and Wales, and 81% of respondents believed that road offences required more enforcement.Sentencing for dangerous driving and concerns with the CPS' charging for the lesser crime of careless instead of dangerous driving:"In October 2017, following a consultation in which 70% of respondents thought that the maximum sentence for causing death by dangerous driving should be increased from 14 years to life imprisonment, the Government announced that they would do so when parliamentary time allowed. A one-clause Bill would have had widespread support across the House and from the public, but the Government failed to find any parliamentary time. Nearly three years later, on Tuesday 21 July 2020, the former Prime Minister, the right hon. Member for Maidenhead (Mrs May), introduced a Bill to amend the Road Traffic Act 1988 to increase the maximum sentence for causing death by dangerous driving to life imprisonment, and for connected purposes."Sentencing for a range of lesser road crimes:"In the last 10 years, 80,000 cases have occurred where road criminals should have received a ban but were let off after pleading exceptional circumstances. Courts have accepted as exceptional circumstances the need to do the school run and the effect a ban might have on a relationship—that brings the law into disrepute."I think that there are plenty of opportunities for people to take different views to mine on this debate and focus on different aspects of it with their own choice of excerpts but spending the time to read and reflect on it will help them to construct their arguments.

Paul Campbell ● 1802d

"Campbell’s posts are always divisive and intended as such. There is no compassionate motive at all. Not a nice person. "Yeah, Campbell's posts are intended to rile certain people up.We have to ask the question, why won't cyclists just get back in their box, allow the cycle lanes to be ripped up, stop trying to self righteously and falsely claim they're helping improve air quality or reduce traffic and stop giving moral backing to a government that is only interested in finding new ways to tax and fine drivers under the false premise that they're fighting climate change?Thank heavens for normal, balanced people like Steve "Cyclists are Scum" Taylor for pointing out how horribly divisive PC is.  In other news, driver who lost control at that mini roundabout and killed a guy didn't do anything wrong.  Anyone could lose control of their car at 20mph and mow down a man, child or entire family, and surely we should feel compassion for everyone, especially the young driver.Bit different if it is a man who mows down and kills two cyclists though....roads are for cars people, so if they want to put themselves in harm's way, they and their families should be prepared for the inevitable consequences.https://www.dailymail.co.uk/news/article-10201213/Fury-company-director-61-mowed-killed-two-cyclists-56-52-walks-free.htmlAnd definitely different if it is a cyclist who kills a pedestrian - that's at least manslaughter if not murder and no-one's interested in their performative demonstrations of remorse.  18 months prison time is a slap in the face for the families. 

Ed Saper ● 1802d

Ed, I think you are mischaracterising this debate if you are going to frame it as between those who believe 'cyclists bad, drivers good' and those who don't. That is a culture war construct that doesn't exist in the real world.The division here is between those who believe they are better qualified to reach a determination on this case than a judge who heard all the detail of the evidence and those who are willing to accept his verdict.You talk about 'facts' but you've extrapolated information from a brief newspaper report on the case and reached conclusions that you can't possibly know to be true and put a spin on the available evidence to present this woman in the worst possible light. Paul Campbell uses the word 'lied' about this woman when this is not stated in the article he linked to.I know no more than you about this case other than I had some familiarity with the road on which the accident occurred and I think I can identify the location. The road runs through and industrial estate and is not particularly well lit. It is curved at the point where the collision might have happened and the kerb is very low. Late at night there would be little reason to expect pedestrians.A likely scenario is that this woman was driving with dipped headlights on a bend when suddenly the unfortunate man appeared in the lights probably only a few yards ahead. In that split second she made the fatal error of pressing the wrong pedal. Given that the kerb would not have been visible to either her or the passenger and that it was so low that there would have been no audible sound as it was crossed combined with the curve in the road, it is entirely credible that the driver and her passenger may have formed the impression that the victim was in the middle of the road. Ultimately we will never know the truth but it is impossible to say categorically that they were lying.Maybe she and her friend were trying to minimise her culpability but the judge was willing to give her the benefit of any doubt and I trust that this is based on his assessment of the detailed accident report that would have been prepared in evidence. Your own determination to present this woman as some sort of villain seems motivated, not by a desire to see justice done, but to gain an extra point in an argument that is taking place elsewhere.

Jeremy Parkinson ● 1801d

Janice Evans explained" Never heard of confusing the brake with the accelerator."From the Toronto Starquote: There have been thousands of cases of accidents occurring when drivers hit the gas but are convinced they are applying the brakes and researchers believe it is the result of a glitch in our sensory motor response.“There’s always a degree of error in the actions we undertake,” said Luc Tremblay, associate professor and associate dean of research at the University of Toronto’s Faculty of Kinesiology.His area of expertise is multi-sensory integration.“So in this particular case, [confusing the twopedals] if the receptors in your leg are interpreting your foot on the brake, you cannot think you’re actually on the gas pedal. You think the car is not responding to you pressing the brake and you end up pressing even harder on the gas because it feels like the limb is on the brake pedal.”unquote:https://www.thestar.com/autos/2015/11/13/braking-bad-unintended-acceleration.htmlAs to the matter of paying attention, the problem is people giving their undivided attention to one thing and totally missing another as was demonstrated in the famous gorilla experiment. Where in a video a man dressed in gorrilla costume ran across a basketball court where students were passing a ballamongst themselves and was totally missed by large numbers of viwers of the video who'd been asked to count the number of passes made by the two groups of studentshttps://en.wikipedia.org/wiki/The_Invisible_Gorillamichael adams

Michael Adams ● 1801d

Jeremy, I define dangerous driving to include driving at speed onto a pavement and killing a pedestrian - which is what happened here.  From what was reported, there were no other circumstances - e.g. other traffic, pedestrians in the road, distractions, poor weather conditions, oil on the road, driver health conditions or visibility issues other than it being in the evening - that contributed to the accident.I would also say it is dangerous driving to knock over a man who is crossing or in the middle of the road, as the driver initially (and falsely) claimed of the victim.I have not painted an elaborate and evidence free fantasy of what she or her passenger saw, the position of her headlights, the visibility in the road or even the exact location of the car and pedestrian - that's what you did.  As a result of your narrative you conclude that not only does the driver bear little responsibility but you also explain away why the driver initially told the police the pedestrian was in the middle of the road and her statement that she swerved to avoid him, which CCTV showed was not the case.However, my point throughout is that there is a double standard applied to deaths on the pavement and roads.  I pointed out the bias displayed by Steve Taylor who calls cyclists "scum" and is determined to treat this driver as the victim.I see that Loraine and Felicity have posted a link to disgusting racist and misogynistic content and suggested the arguments I make are coloured by an anti-islamic and misogynistic bias - all attempts to smear me with words I have never written, spoken or thought.But as an example of a double standard, this is what Loraine posted about the case where a dangerous cyclist killed a pedestrian:"What would you call Charlie Allison who killed Kim Briggs after verbally abusing her before he deliberately ran into her and afterwards when she lay on the ground dying ?"Needless to say this is a Jeremy Parkinson style flight of fantasy - in this case to demonise a cyclist rather than defend a driver.As I have said consistently, these cases are similar - they should be treated in similar ways by the courts.  I do not excuse dangerous cycling.  I am frustrated that many of you excuse dangerous driving that leads to the death of a pedestrian on a pavement mainly because the means of his death included a car and your identity politics does not allow you to hear any criticism of drivers, even those who kill people.

Ed Saper ● 1799d

Today is the World Day of Remembrance for Road Traffic Victims and the launch of the new Decade for Action for Road Safety. You can read further via these links and headline synopsis below:https://worlddayofremembrance.org/#infohttps://www.un.org/en/observances/road-traffic-victims-day"Last year we celebrated the 25th anniversary of the international observance of this Day dedicated to remembering the many millions of road traffic victims throughout the world – begun by the European Federation of Road Traffic Victims (FEVR) in 1995 and adopted by the UN General Assembly Resolution 60/5 on 26th October 2005 as an “appropriate acknowledgement for victims of road traffic crashes and their families”.This year marks the start of the new Decade of Action for Road Safety 2021-2030, during which the World Day will play a very important part – through highlighting the very reasons for all the necessary actions during this coming Decade.As every year, the objectives of WDoR 2021 are to provide a platform for road traffic victims and their families to:remember all people killed and seriously injured on the roadsacknowledge the crucial work of the emergency servicesdraw attention to the generally trivial legal response to culpable road deaths and injuriesadvocate for better support for road traffic victims and victim familiespromote evidence-based actions to prevent and eventually stop further road traffic deaths and injuriesWDoR 2021 puts the spotlight on the reduction of traffic speeds – Low speeds, which have the potential to prevent many deaths and serious injuries, in particular those of pedestrians and all other vulnerable road users – children, elderly and the disabled."

Paul Campbell ● 1798d

I think PC raises a good point about the legal system failing the victims.  The perception of victims is that it is too "light touch".Prison is an option and sometimes society demands a punishment, but it serves no rehabilitative purpose and isn't always appropriate in the case of accidents, even if they include fatalities.The other purpose of prison is to take people out of circulation in order to protect the rest of us, but you don't need to lock someone up to stop them driving.One of the most frustrating aspects of this case and many others like it is how short a period the license is revoked.In this case only one year, in other cases, a license won't be taken away if the convicted person makes a case for keeping it - for work, the school run, even just to maintain a relationship.In my opinion, in this particular case where poor driving ended up with a fatality, losing a license for at least 5 years is more appropriate. If that causes inconvenience or impacts a person in a way that feels like a punishment, then so much the better, but mainly it is to protect the rest of us.I know a really terrible driver - he caused multiple accidents, wrote off several cars and luckily never hurt or killed anyone.  His driving was appalling (actually terrifying!) for years, his first crash only 15 minutes after picking up his first car - when he finally lost his license after clocking up over 20 points, it was for just 6 months.  I make the point because he would blame a momentary lack of concentration, road conditions or, more usually, he blamed other people and he had a good lawyer who talked a court out of disqualification for longer.  He was an accident waiting to happen as I suspect are many drivers who end up killing people, despite any arguments they may persuade a judge to accept. With drivers like that, losing a license earlier or for longer would protect the rest of us.

Ed Saper ● 1798d

Mark, I agree that victims (or their families) tend to want much higher sentences - they want someone to be punished.The justice system has to balance the need for punishment with what is fair on the person and good for society as a whole.However, if the punishment is too light or unfairly / inconsistently applied, the state will lose its legitimacy and people will take matters into their own hands, which is bad for everyone.  How society and the justice system views a crime and the appropriate sentence changes over time.I would disagree that just because experts see a punishment as appropriate that means it is.Sentences for rape and sexual assault have dramatically increased over the last 50 years for example.  While sentences for drug possession have decreased and even become decriminalised.  Often the "experts" setting sentence guidelines lag behind society.Like it or loath it (mainly loath on here!), there is a societal change happening that views punishments for careless or dangerous driving that result in death or serious injury as too lenient. There is also wide disparity in sentences that don't appear to make sense.  I mentioned the two cyclists who received 18 months in prison for killing a pedestrian, the company director who killed two cyclists didn't go to prison, and neither did the person mentioned in this thread.In the case of Desreen Brooks-Dutton, the 85 year old who confused the brake with the accelerator and killed her on the pavement received 18 months in prison and a lifetime driving ban.  I am not objective when it comes to Desreen as I knew her - not well - but reading the news reports again this morning, I am still angry.  Her husband campaigns for mandatory retesting of the over-70s and that's something I support, as well as removing driving licenses earlier and for longer from bad drivers, particularly those who maim or kill other road users.I realise you see a quid pro quo - if cyclists want to be on the road, they need to follow the exact same rules and be licensed, insured and number plated.I have an open mind on electric bikes - that perhaps they should be treated more like mopeds.  I don't necessarily see your proposal for all cyclists as either workable (my 6 year old needs to wear a numberplate?!) or necessary - bikes are much less dangerous than vehicles.  Cyclists need protection from vehicles more than pedestrians need protection from cyclists.  Where a cyclist kills a pedestrian by cycling dangerously (and perhaps there needs to be a new law for that), they can and should be punished - as should a driver who kills a pedestrian or a cyclist. No-one really disagrees with that in principle, although in practice, particularly on here where there are a lot of drivers, one group tends to get more sympathy and compassion than the other, with mitigating / aggravating circumstances given outsized consideration to the point where people argue they're not similar cases at all.    Indeed, if I had suggested (which I didn't) that the driver mentioned by the OP should have got 18 months and a lifetime ban, I think I'd have copped a lot more flack than I did.

Ed Saper ● 1798d

Ed, that's the thing about experts, they tend to know more than society as a whole. It's why they're called experts.I have no like/loathe opinion on sentences for careless/dangerous driving resulting in death (or injury). Sentences ought to be appropriate both to the level of harm caused and, as in the case that the board's resident troll posted in the first place, the circumstances of the incident. So long as sentencing guidelines are consistently applied, then I doubt many reasonably minded people would object to sentences handed down.Whilst I am broadly in support of mandatory re-testing, I think you posit a very black and white position about 'maiming and killing' other road users - it is entirely possible to do either and be completely faultless as a driver, but the impression you have left from your posts is that you believe there to be no shade of grey that can be applied if injury or death is visited upon someone.The proposal is entirely workable. Start with registering each new bike sold and work from there. I also maintain that some sort of test should be passed before cycling on the public highways, which could very well be similar to the cycling proficiency that I did 35 years or more ago.Given that everyone on the road is required to follow the same set of rules, it seems in no way unreasonable to have a means by which to identify transgressors/identify those who have not demonstrated a reasonable working knowledge of safety/laws.The requirement to be identifiable is not solely related to the harm that the vehicle can cause directly.Many motorists break the law and, rightly, are punished as they are identifiable. Many cyclists,e-bikers/e-scooterers - particularly the sodding e-scooterers (is that the right adjective?) also break the law and are anonymous. It's an imbalance that needs addressing, particularly given the regular exhortations about sharing the road.It's not just about the likelihood of causing death via the vehicle that you're on, the likelihood of injury has to be taken into account, as does the likelihood of causing someone else to cause harm.

Mark Warburton ● 1798d

Mark, I suggested that "bad drivers" who maim and kill should lose their licenses earlier and for longer.  Like anyone reasonable, I don't think anyone who was in accident that resulted in injury and wasn't culpable or was partially culpable should be treated the same as someone who was fully culpable."Many motorists break the law and, rightly, are punished as they are identifiable."I understand you want all new bicycles to be fitted with a numberplate because it is unfair that cyclists cannot be identified or be held responsible for accidents they cause.I think there are significant practical difficulties in doing that - and I don't think it will necessarily work - only 8-10% of hit and runs with a vehicle are solved and that's with large illuminated number plates front and back and in built up areas a large network of ANPR cameras.  In fact cyclists are advised to carry cameras to help identify vehicles that close pass or knock them off because it is so difficult to identify a motorist.If the aim is to make roads safer for pedestrians, cyclists and drivers, then this doesn't actually help much.You may disagree, but I think fewer dangerous drivers on the roads would help, because the chance of a pedestrian or cyclist dying or being seriously injured is much higher when a vehicle driven by a poor driver hits them.Segregated routes for pedestrians, cyclists and vehicles would help too, particularly in areas where there are a lot of pedestrians and cyclists.I don't disagree that cyclists should do a road proficiency test - I did one (not on a bike though!) and I think it should be part of the curriculum in schools.  Most adult cyclists (over 85% I recall) have a driving license so it probably won't change much, but as fewer young people drive, it makes sense to ensure they have a basic proficiency.  Re. your comment about always listening to and deferring to the wisdom of "experts" - that might make you a bit unpopular on here!  If we'd listened to the "experts", we wouldn't have BREXIT....the campaign was famed (infamous) for denigrating expertise.  It is the experts in the civil service and Parliament who create laws and sentencing guidelines....and in other departments and agencies, it is the experts who plan and implement cycle lanes among other things!

Ed Saper ● 1797d

Jeremy, I wasn't debating the finer points of careless vs dangerous driving offences - I realise you want to disappear down that rabbit hole because it suits you to claim that since the driver pleaded guilty to careless driving, she cannot be said to have done anything dangerous - cos it's "careless" isn't it.Since when was driving a car at high speed onto a pavement not dangerous to those walking on the pavement?By your tortured reasoning, we can't call a cyclist dangerous if he's convicted of killing a pedestrian as there's no such offence as "Dangerous Cycling"!You call me "vindictive and judgemental and lacking in any compassion" for maintaining, in the face of abuse from your side (racist, misogynist, anti islamic, neanderthal, cultish), that the actual victim was the person who died - killed by a driver who lost control of her car.You say: "she is better off than the man who died but she has been given a life sentence of a sort and that is probably punishment enough".I say: the "life sentence" is for the family of the victim.And that's the fault line here - some of us see the victim as the pedestrian, some of you see the real victim as the "poor girl" with the life sentence. I wonder if the victim (actual) had been a young woman whether you might have found some compassion for her and perhaps been less sympathetic if the older, male driver had falsely claimed the accident was the victim's fault*.  I would say we'll never know, but actually, we probably won't need to wait very long.  Unfortunately.*The point made by the prosecution as an aggravating factor in this case.

Ed Saper ● 1797d

Sometimes the experts take time to catch up with developments that change society for the worse. Civil servants and legislators have only in the past week moved to specifically ban use of mobile phones at the wheel of cars for filming, taking photos, scrolling through music, gaming following an acquittal by the High Court of a driver who was prosecuted for filming in 2019. Meanwhile private electric scooters limited to 15mph remain illegal. How long for?https://www.autocar.co.uk/car-news/business-government-and-legislation/government-tightens-rules-mobile-phone-usage-whileThe transcript of the MPs' debate on road crime (linked above) illustrates that legislators and civil servants believe that there are systemic failures in the criminal justice system and there are moves underway by the Department for Transport to correct those through new legislation and changes to the Highway Code. Many experts want much more than that including increased funding for enforcement.Likewise the government, local authorities and traffic engineers recognise that technology and other developments have changed and exacerbated the negative consequences of how we move around our towns and cities. Meanwhile scientists reinforce the need to take corrective action on transport to tackle climate change and public health challenges. And so action is being taken under the legislation, instruction and guidance of experts to change the status quo after many decades of car-centric urban planning. I am not aware of any experts seriously advocating for licensing and registration. The DfT dismissed the idea in its Cycling and Walking Investment Strategy: Safety Review in 2018 on page 40:https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/758519/cycling-walking-investment-strategy-safety-review.pdf"6.43 The issue of the registration and licensing of cyclists has been raised by some respondents. The safety case for a testing/licensing system for cyclists is not as strong as that for drivers since, by contrast with motor vehicles, bicycles involved in collision on the highway are far less likely to cause serious injury to other road users.6.44 Furthermore, cycling has clear benefits for cyclists themselves, particularly in terms of health, and for wider society, such as tackling congestion, reducing CO2 emissions and improved air quality. The introduction of a registration and licensing system would deter people from cycling and so significantly reduce these benefits, especially over the short-term.6.45 Accordingly, the Government has no plans to introduce a registration and licensing regime for cyclists because the costs and complexity of introducing such a system would significantly outweigh the benefits."

Paul Campbell ● 1797d

Before I comment on what you said in your last post, I'll comment on what you didn't say:No comment on your double standard of how it is fine for Loraine to call the accidental killing of a pedestrian a “murderer” and to make up nasty untrue allegations about the person who was convicted of killing her.  You said that in my last post I accused the driver of speeding, that I made that up because she wasn't - and you're "please stop" comment refers back to your accusation of a lack of compassion.I didn't say that.  I said: “ it is dangerous to drive at speed on a pavement and kill a pedestrian”. That is an accurate and self-evidently true statement. Secondly, it is general and refers to anyone operating a vehicle.  Thirdly, in this specific case,  the driver herself claimed she lost control and hit the accelerator when she meant to brake, so was obviously going far faster than she should have been when she was on the pavement. A version of events that the court accepted. What you like to do is create a fallacious legal argument with very narrow criteria that allows you to claim I said something that I didn't in this case and then argue that I am a terrible person as a result of the thing I didn't say.  Because the driver was not convicted of a speeding offence under the Road Traffic Offenders Act 1988 and/or speed was not mentioned as an aggravating factor in a conviction, then you declare that no-one can mention the word speed, either specifically to do with this case or even in general.You tried exactly the same ploy by banning the word "dangerous" to describe anyone operating a vehicle unless they'd been specifically convicted of the offence of dangerous driving under section 2 of the Road Traffic Act 1988.  When I pointed out that your mate Steve was calling cyclists "dangerous" both without a conviction and no applicable law, you did at least drop that one.  The main issue here - and the OP put it better than I - is that people do a metaphorical shrug of the shoulders when a driver kills a pedestrian or cyclist - could have happened to anyone and the poor driver has her own life sentence as you have argued consistently.The "cycle lobby" (actually the government as well, but some think they're one and the same!), think roads should be safer for vulnerable people - pavements too actually.  They want to shift perception that road deaths are just an acceptable part of mass car use and that reducing deaths on the roads should be treated with the same priority as reducing deaths on the railways for instance. You don't like that.  You see any attempt to hold drivers responsible for killing people as an assault on your entitlement - the ultimate entitlement actually, the freedom to kill other people with negligible consequences.That's your political agenda.  That's why you accuse me of lacking compassion, why many have called PC a troll, why some have accused us both of being racist, misogynistic, anti Islamic, neanderthals, cultists and more and particularly explains why you are unable to engage in reasoned argument and instead make fallacious appeals to authority or legal statute to shut down any discussion of this appalling accident and the role the driver played in it. 

Ed Saper ● 1797d