Due for publication in autumn 2025, the Government plans to announce the Road Safety Strategy as the first major overhaul of road traffic strategy in a decade.
While road traffic collisions are not necessarily on the rise, they remain consistently high, with over 1,600 fatalities every year.
The current government proposes to tackle these statistics through changes to road safety policy.
While multiple motor groups have welcomed proposed changes, other organisations have questioned whether they disproportionately impact older drivers, with a headline proposal mandating eyesight testing for the over 70s.
Furthermore, other groups and companies, such as the AA, have highlighted the proposal’s failure to tackle a key statistic: that 1 in 5 young drivers have a collision in their first year on the roads, with some groups calling for peer-age passenger restrictions.
The proposals would see the first change to the drink driving legal limit since its inception in 1967 in the Road Safety Act.
Keoghs continues to monitor progress of the proposal and the potential impact on both civil and criminal claims.
Following the inquests into the deaths of four people killed by drivers with failing eyesight, HM Senior Coroner for Lancashire Dr James Adeley labelled the licensing systems in the UK as the “laxest in Europe” and produced a report urging the transport secretary to advocate for change.
Dr Adeley reported that enforcement of visual legal standard for motorists is “ineffective and unsafe”. This follows findings in a number of cases that motorists causing collisions had been aware of visual conditions affecting their ability to drive and failed to report these to the DVLA.
The Road Safety Strategy includes proposals for change in the following areas:
Road users in the UK over the age of 70 are currently required to renew their licence every threeyears, updating their photo identification.
As one of only three European nations to rely on self-reporting of visual conditions affecting the ability to drive, there is currently no requirement in the UK to attend an optician appointment.
The current legal limits for alcohol when driving are:
Failure to wear a seatbelt is currently a criminal offence. However, the penalty is limited to a fine and there are several exemptions. Practically speaking, this law is rarely enforced, especially where no road traffic collision occurs. The main focus of the current legislation surrounds requirements for passengers of 14 years or younger.
Driving without valid insurance is currently a strict liability criminal offence, meaning no defence can be established through lack of intention or knowledge. The offence is punishable by an unlimited fine and possible driving disqualification should the case go to court.
The proposal includes mandatory eyesight testing for those aged over 70 years old; however, it is not clear how this will be enforced or who will carry the burden of ensuring a test is completed.
Concerns have already been raised regarding the availability of appointments through the NHS, and where this would leave drivers who are unable to secure one.
It would see the legal limit for alcohol decrease in line with Scotland’s current limits of 50 milligrams of alcohol per 100 millilitres of blood, or 22 micrograms of alcohol per 100 millilitres of breath.
As discussed, it is already against the law to fail to wear a seatbelt in the UK. The strategy suggests licence endorsement for breaking this law; however, it is yet to be seen exactly how this would work in practice.
Similarly, increasing penalties for driving without insurance has not yet been clarified.
While many motor groups welcome the proposed changes, referring to them as “overdue” and a “step in the right direction”, many have noted the failure to impose restrictions on young and new drivers.
With approximately a quarter of fatalities from road traffic collisions in the UK involving at least one young driver, many have called for peer-age passenger restrictions.
Although the strategy remains at the planning stage, the government has clarified they do not intend to extend the policy to include young driver restrictions at this stage for fear of “unfairly discriminating” against young parents or carers.
It could be said that the proposals will disproportionately affect pensioners in the UK, given the current road traffic statistics.
Ultimately the aim of the proposals is to reduce the number of road traffic accidents, which in turn should result in fewer claims being made to insurers. However, the proposals could see an increase in enforcement action where drivers unwittingly break the law. For example, elderly drivers may not have undertaken their mandatory eyesight test or drivers may be on the road and over the limit, having consumed more alcohol than they thought permissible. This could be particularly so “the morning after” a night of drinking.
Keoghs crime and regulatory team will continue to monitor these proposals and their implementation, but for more information, please contact Laura Onwuka or Meghan Pemberton.
Meghan Pemberton - Solicitor, Crime & Regulatory
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