Under the new Road Safety Act laws which came into force on 18th August, drivers who kill whilst distracted by carrying out an avoidable activity at the wheel could face up to 5 years in prison. These activities include: calling or texting on a mobile phone, drinking and eating and applying make up. Previously the maximum sentence for those convicted of causing death by careless driving was a £5000 fine and licence penalty points.
The threat of a prison sentence could tempt motorists charged with such an offence to deflect responsibility on to their employer. Blaming their employer for causing them to hurry, make business related calls or drive when tired could all figure in future cases. Prudent employers should have robust driving policies in place. Employers may also need to review / improve their driver training schemes.