Drivers to face tougher sentences for killing pedestrians and cyclists (in Scotland)

[glasgowcyclist]

This will be most welcome, given how little prison time most drivers serve for killing people. I particularly like the removal of driver inexperience as a mitigating factor.

Highlighted in this report is the speeding, drunk driver who killed a child crossing the road, and failed to stop. He was out after serving just 2.5 years.

https://www.bbc.co.uk/news/uk-scotland-66593086

Drivers who kill pedestrians, cyclists or motorcyclists on Scotland's roads are likely to receive tougher sentences under new guidance for judges.​

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The guidelines would see taking the life of a vulnerable road user as an "aggravating factor" when sentencing.​

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A tougher penalty might also be imposed if the death resulted from aggressive driving, such as tailgating.​

The new Scottish Sentencing Council guidance is subject to approval by the High Court.​

However, it could come into force towards the end of the year or early next year.​

It will be the first guideline of its kind in Scotland covering a specific offence.​

​

Driving inexperience has been removed as a mitigating factor for all offences apart from causing death by careless or inconsiderate driving, meaning it can't be put forward as a reason for a more lenient sentence.​

 

[Oldhippy]

Hopefully a lifetime ban and any assets.

 

[Drago]

But they will still be able to drive again, which is preposterous.

Inexperience should not be mitigation under any circumstances. You're either good enough to drive in a careful and competent manner, or you are not. If you are not then live roads are not the place to be further learning ones craft unless you have an instructor beside you.

The onus is on us as drivers to ensure we are up the the job, and should not be on the law to accept excuses if we are not.

 

[albion]

Meanwhile .......

https://www.autoexpress.co.uk/news/...reen-light-users-get-immunity-prosecution?amp

 

[Alex321]

Meanwhile .......

https://www.autoexpress.co.uk/news/...reen-light-users-get-immunity-prosecution?amp

I am surprised at this line from that "In 2021, human error was recorded as a contributory factor in 88 per cent of all collisions. ". I am amazed that as many as 12% of collisions apparently involve no human error.

 

[albion]

I am surprised at this line from that "In 2021, human error was recorded as a contributory factor in 88 per cent of all collisions. ". I am amazed that as many as 12% of collisions apparently involve no human error.

Indeed. They will not be, but if they were all EVs then we will have total carnage when EVs finally do take off.

 

[Alex321]

Indeed. They will not be, but if they were all EVs then we will have total carnage when EVs finally do take off.

????

I really don't understand what you are suggesting here. Unless by "EV" you mean "Self driving vehicle"?

 

[albion]

????

I really don't understand what you are suggesting here. Unless by "EV" you mean "Self driving vehicle"?

Am assuming FSD will be available as an EV only.
BTW, if a Tesla FSD was ordered fully online, and with FSD , UK Small claims has recently awarded a refund for 'failing to deliver FSD'.

 

[Alex321]

Am assuming FSD will be available as an EV only.
BTW, if a Tesla FSD was ordered fully online, and with FSD , UK Small claims has recently awarded a refund for 'failing to deliver FSD'.

Well it will certainly be the case that the ban on sale of petrol or diesel cars will be in place well before FSD becomes anywhere near common.

EV's already seem to be taking off, but the vast majority without FSD.

 

[glasgowcyclist]

UK Small claims has recently awarded a refund for 'failing to deliver FSD'.

Do you have a source for that? It seems unlikely.

English small claims are limited to £10,000 (£5,00 for the Scottish equivalent) and a new Tesla is a lot more than that.

 

[albion]

Do you have a source for that? It seems unlikely.

English small claims are limited to £10,000 (£5,00 for the Scottish equivalent) and a new Tesla is a lot more than that.

https://electrek.co/2023/11/07/tesl...esla owner in the,claim in small claims court.

Electrec are a very good source of EV news. All the others put advertising revenue first
Here is their source.
https://teslamotorsclub.com/tmc/threads/my-experience-taking-tesla-to-court-about-fsd.315086/
Looks like there will be quite a queue of those in the know. Interesting, opinion there is that Self Driving is much worse now. Risk mitigation I imagine.

 

[glasgowcyclist]

https://electrek.co/2023/11/07/tesla-owner-wins-10k-settlement-over-teslas-full-self-driving-claims/#:~:text=A Tesla owner in the,claim in small claims court.

Electrec are a very good source of EV news. All the others put advertising revenue first
Here is their source.
https://teslamotorsclub.com/tmc/threads/my-experience-taking-tesla-to-court-about-fsd.315086/
Looks like there will be quite a queue of those in the know. Interesting, opinion there is that Self Driving is much worse now. Risk mitigation I imagine.

That’s great and makes sense. I thought the claimant would have been rejecting the car for not doing what was claimed as opposed to rejecting the feature. The claimant clearly was familiar with court processes.

I had a similar experience where my suit (not consumer related) was a slam dunk but the respondent was insisting on a gag order to avoid bad publicity. I refused, won the case and maximum award, and they ended up on the front page.

 

[simongt]

I am surprised at this line from that "In 2021, human error was recorded as a contributory factor in 88 per cent of all collisions. ". I am amazed that as many as 12% of collisions apparently involve no human error.

Which apparently, is why some authorities now refer to crashes as an RTI; Road Traffic Incident, and not the original RTA; Road Traffic Accident, for the simple reason that the vast majority are caused by driver error or failure to maintain a road vehicle properly.

 

[Alex321]

Which apparently, is why some authorities now refer to crashes as an RTI; Road Traffic Incident, and not the original RTA; Road Traffic Accident, for the simple reason that the vast majority are caused by driver error or failure to maintain a road vehicle properly.

I must admit, it does annoy me when people stop using the word accident because they wrongly believe that human error is not an accident.

 

[albion]

https://www.globalcyclingnetwork.co...ept-that-i-had-to-risk-my-life-to-get-to-work
'I Just Couldn’t Accept That I Had To Risk My Life To Get To Work'

Modern day hero.