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  Bacon presses for better
road safety free web page hit counter
 

 
Richard has led a debate in the
House of Commons on dangerous
drivers who cause injury or death
GROWING concern for the number of deaths on the county's roads has prompted South Norfolk MP Richard Bacon to seek a change in the law.

Father-of-three Andrew Mason from Dickleburgh was killed when his motorcycle was hit by an elderly driver.

   
 

Mr Mason's mother, Jennie and his widow, Mairi, asked for Richard's help. Richard arranged for Mrs Mason to meet top police road safety experts.

He has now called for a change in the law.

Legal loophole
As the law stands, there is an offence of careless driving and an offence of causing death by dangerous driving. However, the law does not allow for an offence where death is caused by careless driving, except where the driver is under the influence of alcohol or drugs.

Richard said: "It can be difficult for  police and prosecutors to prove a death was caused by dangerous driving. To secure a conviction, they are often forced to offer the lesser charge of careless driving - ignoring the fact that a death was caused".

"This means the case goes to the Magistrates' Court rather than the Crown Court and leads to much lighter penalties being handed out".

Two solutions
Richard is proposing two possible solutions to close this legal loophole:

An offence of negligent driving - an intermediate offence between careless driving and causing death by dangerous driving to be applied when careless driving causes death or injury. A duty of care would be defined for drivers that, if breached, would leave them open to prosecution.

Alternatively, an offence of motor manslaughter, which would focus first on the fact that a death had been caused.

Richard said: "I am open to either option being adopted. The key point is that prosecutors and the courts should be able to take into account the fact that a death has been caused by a traffic accident. There are many stories of families finding after a terrible tragedy that the legal system treats their dreadful loss as a matter of no consequence. This is not acceptable".

Click here to read Richard's speech in full.