RoadPeace has contributed to a letter to the Lord Chancellor & Secretary of State for Justice, the Rt Hon. Alex Chalk KC, regarding fears over reckless and dangerous driving in Birmingham.

Lucy Harrison, from the RoadPeace West Midlands group, signed the letter, alongside Andy Street, Mayor of the West Midlands; Adam Tranter, the Mayor’s Cycling and Walking Commissioner and Graeme Brown, Editor of the Birmingham Mail.

A copy of the letter can be found below:

Rt Hon. Alex Chalk KC MP
Lord Chancellor & Secretary of State for Justice
102 Petty France
London
SW1H 9AJ
(via email)

5 March 2024

Road Safety in the West Midlands

Dear Alex,

We are writing to you concerning the urgent issue of road safety in the West Midlands. We are of course engaging with the Department of Transport on this issue also, but wanted to highlight the significant role the Ministry of Justice can play in tackling the scourge of reckless and dangerous driving.

Our region has been shaken by some of the most egregious examples of dangerous driving and communities, frankly, have had enough. The recent front page of the Birmingham Mail (attached) highlights the true human cost of these collisions, and the devastation caused to families, friends and communities.

We must protect the most vulnerable, and when it comes to road collisions we need to do much better. In the West Midlands, 60% of all people killed or seriously injured in road traffic collisions in the last five years were vulnerable road users (pedestrians, cyclists and motorcyclists).

Increased police enforcement and improved infrastructure is of paramount importance but, too often, we hear that the justice system is not tackling dangerous drivers before they go on to seriously injure or kill. Furthermore, a worrying number of drivers who are disqualified are ignoring this disqualification, showing contempt for the justice system

Hit-and-run collisions

RoadPeace West Midlands and Action Vision Zero have highlighted the inadequacy of the law around hitand-run collisions. The rise in hit-and-run collisions, particularly involving pedestrians and cyclists, is deeply concerning. Currently, people have up to 24 hours to report a collision. This might be appropriate for damage only, but it is not suitable for a serious hit-and-run crash. In addition, the existing charge of Fail to stop (maximum six months custodial sentence) currently applies to all collision severities, including damage only. This again is not appropriate for serious collisions.

We believe that two new criminal charges of ‘Failing to remain at the scene of a fatal collision’ and ‘Failing to remain at the scene of a serious injury collision’ should be considered. Where causation can be proven, drivers will be charged with a more serious offence, but these new criminal offences are especially needed where drivers have avoided being breathalysed or tested for drugs at scene, or have disturbed evidence, meaning causation becomes hard to determine.

It is important to recognise the additional layer of pain caused to the bereaved family or injured person when it is clear a driver (or their passengers) have knowingly left a victim in the road without assistance. We would welcome your support with this across your department, DfT and the Home Office, particularly in pushing for the long-promised consultation on this matter.

Licence suspensions

We are very concerned by instances where drivers under suspicion of killing or seriously injuring someone can continue to use their vehicles; sometimes for years because of delays in the courts. RoadPeace advocates for immediate licence suspension for those suspected of causing death or serious injury by dangerous or careless driving. It is an issue we note the National Police Chiefs’ Council (NPCC) have also called for relating to drug and drink driving at the roadside. We need to ensure that people are innocent until proven guilty but, we should remember, driving is a licensed activity and is therefore a privilege and not a given right. We hope you will give this due consideration.

Sentences and increased use of driving bans

As you know, the UK government is legislating to suspend custodial sentences of 12 months and under – except for exceptional circumstances. This however raises concerns when it comes to motoring offences. Whilst less than 1% of motoring offences involve a custodial sentence, 84% of these custodial sentences are for 12 months and under.

It is important therefore for the justice system to consider the greater use of driving disqualifications for offenders and for longer periods of time.

We also know that, unfortunately, some drivers who are disqualified are ignoring their bans. Analysis of Police data from 2014-17 revealed that 47% of those convicted for driving whilst disqualified had at least one previous conviction for the offence. When reviewing the legislation to suspend short sentences of 12 months or less, it should be remembered that those who continue to drive while disqualified present a very real danger to the public.

Support for road crash victims

Finally, we need to acknowledge a road death is not a normal death – it is sudden, completely unexpected, and violent. A key element of justice is ensuring quality investigations always take place.

Grieving families are thrown into the justice system with no warning – they should be treated as victims of crime unless – or until – the contrary is proven. Ensuring that they are signposted to support and kept well informed from day one and throughout the investigative and criminal justice process is vital. We need to ensure dedicated support for crash victims, such as that provided by RoadPeace, is commissioned.

If you are interested, we would be delighted to host you on a visit to the West Midlands where we can talk
more about the scourge of dangerous driving.

We look forward to your reply.

Yours sincerely,

Updated on: 7 March 2024