Memorandum from Jack Brownhill (DDD 26)
DRINK AND
DRUG DRIVING
LAWNORTH
REPORT
1. I have read with much interest Sir Peter
North's report in this connection.
2. I have a few observations regarding the
report and Sir Peter's recommendationsmany of which I totally
agree with.
3. It is clear that enforcement has a pivotal
role to play in the fight against drink or drug driving. The actions
of many impaired drivers are likely to be heavily influenced by
the driver's perception of how likely it is that they will be
able to complete their journey without detection and, indeed,
how frequently they can undertake identical or similar journeys
without detection.
4. Although I have no evidence common sense
would suggest that many of these impaired journeys are relatively
short and most often are undertaken on roads known to the driver.
This may give added confidence to many drivers that the likelihood
of detection is relatively low, confidence that may grow with
each occasion they successfully drive undetected. This added confidence
may also lead to drivers increasing their alcohol intake.
5. The breath test data in Annex L to the
report clearly suggest that where checks are undertaken the detection
rate is exceptionally high. This appears to suggest that current
targeting of drivers is highly effective.
6. However, the "checks per driver"
(in Annex L) is exceptionally low when compared with all the other
countries in the table which may suggest that we are not committing
enough resources to the detection of impaired drivers and that
an increase in resources (suitably targeted, of course) would
not only increase the detection rate but would also act as an
increased deterrent to drivers tempted to drive whilst impaired.
7. I agree 100% with Drink Driving Recommendation
(4) although I think that society's perception of how committed
the drinks trade is to helping here is tinged with a high degree
of scepticism. When one sees how intoxicated many people are when
leaving licensed premises it is hard to grasp how firmly over
the bar requests for drinks by people who have clearly already
had too much to drink are resisted. However, it may also point
to difficulties that licensed premises have in "policing"
this when people are drinking in groups and this is, I believe,
something the drinks trade needs to revisit.
8. In a similar vein I believe that car
parks adjacent to licensed premises should be required to display
highly visible signs carrying drink/drugs messages which could
also remind drivers of the (drink drive) limit and what this limit
represents from an alcohol intake perspective.
9. In relation to Drink Driving Recommendation
(5) the professional drivers' organisations make a strong
and possibly valid case for not introducing a lower limit for
"at work" vocational drivers. However, this appears
to be partly based on the "aggravating factor" in the
current Magistrates' Court Sentencing Guidelines referred to in
Drink Driving Recommendation (6).
10. However, there appears to be no available
evidence to identify the extent to which this "aggravating
factor" should be taken in to account and the impact it has
had on sentencing in relevant cases. As the intention of the drink/drug
driving laws is surely to deter drivers there must be reason to
believe that a lower limit for vocational drivers would act as
an important deterrent and send out a clear message to the relevant
sectors of society. A lower limit may also give a clearer message
as to how much these drivers can and cannot drink whilst at work
(or prior to starting work).
11. I wholeheartedly agree with Drink
Driving Recommendation (7) although I am a little unclear
as to exactly which sectors are being targeted in the reference
to "the transport industry". One would naturally expect
this to embrace haulage, delivery, public transport and taxi (public
and private hire) bodies but I hope it also embraces the wider
fleet operator community and, perhaps, even the car rental companies
recognising that both fleet operators and rental companies have
the ability to impose additional penalties on drivers who are
caught driving one of their vehicles whilst impaired particularly
where this has resulted in an at-fault accident (for example,
an employer or car rental company could apply an increased insurance
excess, and an employer could also apply this increased excess
or a financial contribution to the insurance cost for a certain
future period).
12. Drink Driving Recommendation (8)
calls for the new proposed lower limit to be applied to all
drivers regardless of their age and/or experience. The driving
performance of youngsters (particularly males) is, of course,
well documented and it is my understanding that the driving test
(and the pre-test learning process) is currently under review.
That review should also be looking at the post-test scenario given
the adverse impact that younger (particularly new) drivers have
on the annual road casualty figures.
13. The younger driver "problem"
is not, of course, unique to the UK and many countries have looked
at ways of trying to improve the position. Tuition and testing
can only achieve so much and we clearly need a way of helping
these younger drivers stay safer whilst improving their on the
road experience and general roadcraft. Graduated licences have
been introduced in many countries although I accept that this
introduction is often on the back of a legal requirement to carry
one's driving licence whilst driving.
14. If it was felt that introducing a graduated
licence scheme in to the UK to help tackle the young driver situation
would be a significant step forward it would be deeply disappointing
if such a scheme was discounted because there is no current requirement
to carry a licence.
15. I believe it is true to say that the
vast majority of "on the road" police officers have
ready access to DVLA driver information via the Police National
Computer (PNC) and although this may present some difficulties
when dealing with drivers who may attempt to hide their true identity
or holders of non-UK licences (neither of which should be insurmountable)
the inability to produce a hard copy driving licence at the roadside
should not pose any major stumbling block to determining the age
of a driver at the time of an incident.
16. I strongly believe that the introduction
of a lower limit for young drivers and provisional drivers should
be considered as part of this review and, if possible, drivers
of all ages who have held a full licence for less than a certain
period of time should also be considered as part of this exercise
although I recognise this may be more difficult when one takes
in to account holders of non-UK licences.
17. I hope you find my observations helpful
and constructive.
18. Although these observations are given
in a personal capacity it may be helpful if you are aware that
I have been employed in the European motor insurance arena for
in excess of 45 years and have been actively involved with the
both the UK Association of British Insurers and the parallel Brussels
based CEAthe European Insurance and Reinsurance on a wide
range of insurance and road safety issues.
August 2010
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