Drivers who Kill while Using Mobile Phones Face Six-year Sentences

The Court of Appeal has provided new guidance on sentencing for drivers who cause fatal road accidents; a particularly relevant topic for employers at the moment, given the interest in work-related driving health and safety.

The main points are as follows:

- Conviction for dangerous driving would normally result in a prison sentence of at least 12-18 months, with a maximum of 10 years.

- Conviction for causing death while distracted (for example, by talking on a mobile phone or feeling sleepy) could lead to longer sentences, possibly a minimum of six years.

At-work driving has emerged as a major area of risk for UK employers, since the HSE's recent decision to enforce health and safety laws much more rigorously to work-related driving.

Employers' liability for the actions of at-work drivers has already been established. In December 2002, a company owner was fined £2,500 for breaches of health and safety regulations after a driver who was suffering from exhaustion was killed in an accident.

Employers would be well advised to make it clear that driving while sleepy, or using a mobile phone at the wheel are in breach of company policy.

Guidance

The Draft Driving at Work Policy and Management Guide, v1.0 (£74.99, ISBN 1-900648-29-6) is available from the Workplacelaw Network by calling 0870 777 8881. 10% discount available to members of the Workplacelaw Network, BIFM, RICS, IFMA or RIBA. Please quote ref. 1319 when ordering.
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