Sabrina Hasan, Law Research Officer, Bangladesh Institute of Law and International Affairs (BILIA)
Road traffic incidents around the world have become a daily occurrence in these days. Even in the early times the occurrences were there, however, with the development of modern technology and advancement of media, the news regarding the incidents are more perceptible. Where there is loss of life, property or wrong against anyone; the right to confront those loss arise to mitigate the consequences and to control the wrong doing activities under the regulation of laws.
THE cabinet division approved the draft of the Road Transport Act 2018 on August 6, 2018. If passed into law, it will replace the existing Motor Vehicles Ordinance 1983. Before passing this law, it is very important to understand how the road traffic law is implemented in other countries like the United Sates, the United Kingdom, etc. Let us explore the laws regulating the road accidents in the UK. These laws are well established since 1980s with the constant development and modification. The existing laws applicable in the UK regarding the road traffic accidents casing death or injury is based on Road Traffic Act 1988
The offences through Road traffic accidents causing death have been categorized in four ways which are causing death by dangerous driving, causing death by careless, or inconsiderate, driving, causing death by careless driving when under influence of drink or drugs and for causing death by driving: unlicensed, disqualified or uninsured drivers.
Under Section 1 of the Road Traffic Act 1988 substituted by Road Traffic Act 1991, causing death by dangerous driving is punishable and the punishment is imprisonment for 14 years and/or fine on indictment as per Part I Schedule 2 of Road traffic Offenders Act 1988. Furthermore, Section 2B of the Road Traffic Act 1988 being inserted by section 20 of Road Safety Act 2006, causing death by careless, or inconsiderate, driving is punishable and the maximum penalty on conviction is imprisonment for a term of, 12 months (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both (in summary trial); 5 years imprisonment or a fine or both (Trial on indictment) as per Part I Schedule 2 of Road traffic Offenders Act 1988. According to the Road Traffic Act 1991 inserting a new section 3A into the Road Traffic Act 1988, causing death by careless driving when under influence of drink or drugs is punishable and the maximum penalty on conviction (trial on indictment) is 14 years imprisonment as per Part I Schedule 2 of Road traffic Offenders Act 1988. Moreover, Under Section 3ZB of the Section Road Traffic Act 1988 inserted by 21 of The Road Safety Act 2006, for causing death by driving: unlicensed, disqualified or uninsured drivers, if the offences is tried summarily then the maximum penalty on conviction is imprisonment for a term of 12 months (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both. If there is trial on indictment, then the penalty is imprisonment of 2 years or a fine or both as per Part I Schedule 2 of Road traffic Offenders Act 1988. These are the four ways UK laws have categories the road traffic incidents causing deaths as punishable offences. A new offence has also been inserted under Section 3ZC of the Road Traffic Act 1988 being inserted by section 29 of Criminal Justice and Courts Act 2015, for causing death by driving: disqualified drivers, Imprisonment for 10 years and/or fine on indictment. Part I Schedule 2 of Road traffic Offenders Act 1988.
Apart from categorizing the death occurrences as offences, causing injury through driving has also been identified as punishable offences. According to Section 1A of the Road Traffic Act 1988 being inserted by section 143 Legal Aid, Sentencing and Punishment for Offenders Act 2012, causing serious injury by dangerous driving is punishable and the offence is triable summarily with a maximum penalty on conviction for 12 months or the statutory maximum or both, on indictment of 5 years imprisonment or a fine or both as per Part I Schedule 2 of Road traffic Offenders Act 1988. Additionally, Under section 3ZD of the Road Traffic Act 1988 inserted by section 29 of Criminal Justice and Courts Act 2015 for Causing serious injury by driving: disqualified drivers, The offence is triable summarily with a maximum penalty on conviction for 12 months or the statutory maximum or both, on indictment of 4 years imprisonment or a fine or both. Part I Schedule 2 of Road traffic Offenders Act 1988. Moreover, Section 35 of the offences against the person’s act 1861 amended by section 28 of the Road Safety Act 2006, Drivers of carriages injuring persons by furious driving; the maximum penalty is a prison sentence of two years and an unlimited fine. Anyone convicted of this offence can be disqualified from driving. If they are not disqualified, their license must be endorsed with three to nine penalty points as per Part II Schedule 2 of Road traffic Offenders Act 1988.
Section 170(4) and Section 170(7) of the Road Traffic Act 1988 and article 175 of the Road Traffic (NI) Order 1981, Duty of driver to stop, report accident and give information or documents.(Hit and Run) The maximum sentence for failing to stop and give details is six months’ imprisonment (12 in Scotland) or a £5,000 fine or both. The driver’s licence must be endorsed with five to 10 penalty points and the court may disqualify them. The penalty for failing to report an accident or provide details of insurance is a £1,000 fine.
Therefore, it seems that efforts are being given in regulating and controlling the road traffic incidents in UK and the effort is continuing with recent amendments and modifications. Categorizing the activities into separate offences have made the thing more apparent and feasible for both the victims and litigants to bring action against the specific offences based on the relevant incidents under the above mentioned statutory provisions.
Therefore, we must take into consideration laws of other countries before finalising the bill and enacting the Road Transport Act 2018.