Drivers face life for death of cyclists, according to new rules
Dangerous drivers will face longer jail sentences if they kill cyclists, according to new rules for judges.
The sentencing council, which provides guidance for judges, has deemed that knocking over and killing a cyclist will be a prime “aggravating factor” if a motorist is convicted of causing death by dangerous driving[1].
The new guidelines follow the decision by the Government to increase the maximum sentence for causing death by dangerous driving from 14 years in jail to life imprisonment and a five year, rather than two year, driving ban.
It comes as the highway code has been toughened to place greater responsibility on motorists to protect cyclists and pedestrians[2] from accidents under a new “hierarchy of road users” based on those most at risk in a collision.
Cyclists are classed as “vulnerable road users”[3] in the new sentencing guidelines along with pedestrians, horse riders and motorcyclists, where any motorist who causes their death by dangerous driving can expect extra time in jail.
It is one of 10 “aggravating factors” that judges have to take into account when sentencing a convicted offender.
Raymond Treharne received a nine-month suspended sentence after his car hit cyclist David Jones in Bridgend
Credit: Wales News Service
Others include having passengers in a vehicle including children, causing serious injury to one or more victims in addition to the death, placing the blame wrongly on others and failing to stop or hindering attempts to assist at the scene of the accident.
Being a heavy goods driver, driving for commercial purposes or having a poorly maintained vehicle will also be treated as “aggravating” factors meriting longer sentences.
The Government increased the maximum jail terms for dangerous driving[4] after complaints from victims’ families at “lenient” decisions. One of the most high profile cases involved Claire Hitier-Abadie, 36, a mother of two children who was killed when lorry driver Alan Warwick collided with her as she cycled at a busy junction in London.
Warwick was preoccupied with tidying his cab and failed to indicate left when his lorry crushed her to death. He escaped jail, and was instead sentenced to 160 hours unpaid work and banned from driving for 12 months.
There was a similar outcry after a professional driver, Raymond Treharne, 73, received only a nine-month suspended sentence[5] after killing father of two, David Jones, 41 when he hit him on his bike from behind.
Judges are guided to impose sentences of between eight and 18 years for the worst cases of dangerous driving, though they can impose higher jail terms.
There are 10 criteria that define the “worst” cases include deliberately ignoring the rules of the road and disregarding the risk to others, carrying out a “highly dangerous” manoeuvre, prolonged use of a mobile phone, racing another driver and speed “significantly in excess” of the speed limit.
Claire Hitier-Abadie was killed when lorry driver Alan Warwick collided with her as she cycled at a busy junction in London
Credit: SWNS.com
Anyone found guilty of causing death by dangerous driving[6] who has previous motoring convictions will automatically face an increased jail sentence, as will someone who commits the crime while on bail.
The new highway code stipulates that drivers have a greater responsibility to look out for people cycling, walking or riding a horse because they pose a greater risk.
“Those in charge of vehicles that can cause the greatest harm in the event of a collision bear the greatest responsibility to take care and reduce the danger they pose to others,” says the code.
The latest Department for Transport (DfT) figures show that the number of cyclists who died on Britain’s roads was 111 in 2021, an average of two a week. A further 84 were seriously injured on average each week.
Almost half (46 per cent) of cyclists’ deaths were the result of collisions between a car and a bicycle, with more than half (56 per cent) on rural roads, compared to 29 per cent in traffic. More than eight in 10 (82 per cent) of cyclists killed or seriously injured were male.
The most common reason for cyclists dying or being injured in collisions with a car was the “driver or rider failed to look properly”.
References
- ^ convicted of causing death by dangerous driving (www.telegraph.co.uk)
- ^ greater responsibility on motorists to protect cyclists and pedestrians (www.telegraph.co.uk)
- ^ Cyclists are classed as “vulnerable road users” (www.telegraph.co.uk)
- ^ increased the maximum jail terms for dangerous driving (www.telegraph.co.uk)
- ^ Raymond Treharne, 73, received only a nine-month suspended sentence (www.telegraph.co.uk)
- ^ causing death by dangerous driving (www.telegraph.co.uk)