Exchange Chambers

Proposed motoring legislation given cautious welcome by Exchange Chambers Barrister

Reckless drivers who tailgate, overtake on the inside or cut up other motorists face on–the–spot fines of £100 under plans to be announced today.

The move is part of a series of changes to address what ministers believe is a small group of aggressive and incompetent drivers.

Commenting on the legislation, Oliver Jarvis, a criminal defence and motoring specialist at Exchange Chambers said:

“Law abiding citizens who drive are at real risk of making a driving 'mistake' at some time that can lead to prosecution. Any legislation that seeks to further differentiate between inadvertent errors  and deliberate criminal acts is to be cautiously welcomed.”

New rules will also force disqualified drivers to take extra training, possibly including retaking their test, before they regain their licence.

Philip Hammond, the Transport Secretary, will announce the shift in the road safety strategy.

He will encourage courts to make more use of powers to seize vehicles for the most serious offences, introduce a crackdown on drug driving and abolish the loophole that allows drink drivers to escape charges by requesting a blood test over a breath test.

In proposals likely to be unveiled later in the year, the speed limit could be raised to 80mph on motorways.

But limits on some rural roads may be lowered as the Government looks to cut the number of people killed and seriously hurt in car crashes.

Mr Hammond has signalled that he is ready to lift the 70mph limit if it is in the interests of the economy.

Since taking office, the Government has sought to end what it called the "war on the motorist", removing Whitehall money for speed cameras shortly after the election. Mr Hammond has called for a "rigorous cost benefit analysis of speed limits" which will look beyond simple safety issues.

"If you took just that view, you would have 10mph limits everywhere," Mr Hammond said. "We need to look at the value of safety benefits and the cost in terms of additional journey time," he said.

Any move to raise speed limits is likely to widen the rift between the Conservatives and their Liberal Democrat partners in the Coalition.

Chris Huhne, the Lib Dem Energy and Climate Change Secretary, is understood to object as driving faster uses more fuel. Green groups have accused Mr Hammond of "Top Gear politics".

The 70mph limit dates back to 1965, when it was prompted by a series of pile–ups. Until then motorways were unrestricted. But a growing belief that cars can now be driven safely at higher speeds has been tacitly recognised by the Association of Chief Police Officers, whose "10 per cent plus 2mph" guidelines mean drivers already have to break 79mph to face prosecution.

Ministers are ready to cut speed limits where they are felt to be too high, most probably on 60mph single carriageway roads.

Stephen Glaister, the director of the RAC Foundation, supported the moves, saying: "Traffic conditions change over time. If there is good evidence for putting limits up, or down, then we should do so."

A DfT spokesman said: "We need to make sure we are looking at the right criteria when considering speed limits. This means looking at the economic benefits of shorter journey times as well as considering the implications for road safety."