Driving Towards Safety: A Look at The Government’s Proposal for Road Safety Reform

Over a week ago it was first reported that the Government intends to introduce the most significant overhaul of road safety law in decades. These proposals could represent a pivotal shift for motorists, policymakers, and legal practitioners. The proposed reforms, which include measures such as increased penalties for seatbelt and insurance offences and stricter drink driving limits, signal a shift towards a more preventative and enforcement driven approach to road safety.  

Since their announcement, the proposed changes have been met with both support and scrutiny. This blog examines the most significant proposed changes, the legal implications, and what this means for both the public and legal professionals who are navigating road traffic law moving forward.  

Compulsory Eye Testing 

One proposal is to introduce mandatory eyesight testing for drivers over the age of 70. At present, the UK is one of only a few European countries that rely on self-reporting of visual conditions which may affect a motorist’s ability to drive.  

Whilst there can be little disagreement that introducing mandatory eyesight testing is a sensible step, some have questioned why the threshold is being intended to be set for 70. Deterioration in vision does not always begin at this age, and other drivers, such as those operating HGVs are already required to undergo routine medical and eyesight testing from the age of 45. As such, the reform raises wider questions about whether age-based requirements are the most effective way of ensuring road safety.  

Implementation of these measures will also require investment in supporting infrastructure. Access to timely medical appointments through the NHS and efficient processing times by the DVLA will be essential to avoid significant delays and backlogs, which could only cause frustration for motorists.  

Lowering of the Drink Drive Limit 

Another proposed change is to lower the drink driving limit from 35 micrograms of alcohol per 100 millilitres of breath to 22 micrograms. This would bring England and Wales in line with Scotland, which has had this lower limit since 2014. It will also bring the UK limit in line with the closer to zero-tolerance approach adopted in much of Europe.  

It is hoped that the lowering of the drink driving limit may show a reduction in offences being committed and a reduction in road accidents. With the limit being brought closer to a zero-tolerance approach, the effectiveness of the proposal will depend largely on education and enforcement. Many motorists remain unaware of what the legal limits equate to in practice, making clear public messaging and education all the more vital. A more avid approach to advising that the only safe amount of alcohol to consume whilst driving is zero is needed.  

Prosecutions for Drug Driving 

The Government has also suggested that a positive preliminary drug test could amount to sufficient evidence to charge a driver with drug driving. Currently when a motorist is stopped and is suspected of driving with excess drugs, the roadside sample is not evidential for the purposes of charging. The police must take the motorist back to either a police station or a hospital to obtain a sample of blood for analysis.  

This change has allegedly been proposed to make prosecutions quicker and more efficient. Whilst prosecutions may be quicker and efficient if this proposal was put into place, it does not mean that the prosecutions would be safe or fair. Whilst reliable, the current roadside drug saliva tests are not conclusive proof that a motorist is over the specified limit of a drug. Such a change would essentially create an absolute zero-tolerance approach that would require the amendment or the repealing of The Drug Driving (Specified Limits)(England and Wales) Regulations 2014. 

It is also worth noting that the police already have powers to charge drivers with being unfit through drugs based on evidence of behaviour, impairment, roadside tests, and circumstantial evidence. Whilst it is clear the proposals have been raised in an attempt to lower costs, speed up prosecutions, and improve road safety, any change to the current legislation will require significant changes to the current legal framework surrounding these offences.  

Along with any amendment or changing to the current legislation, the Government may wish to consider the current gap in rehabilitation measures. For many years motorists who have been convicted of a drink driving related offence have been able to take part in a course which provides a solid foundation of the law and the necessary steps to ensure the avoidance of re-offending. No equivalent scheme is offered for drug driving despite the implementation of the offence dating back to 2015. Given the steady rise in drug driving related offences, particularly among younger drivers, such an initiative could complement the proposed changes by addressing the behaviour at its root.  

Practical Implications for Legal Practitioners

For solicitors, particularly those who specialise in motoring law, these proposed reforms present both opportunities and potential challenges. Stricter enforcement measures are likely to result in a surge of charges, which are likely to result in an increase in contested cases. Defence practitioners will also be alive to the need to consider any changes in the legislation and alter their strategies accordingly. Any changes also will mean that practitioners should expect a period of adjustment as courts, the police, and the public navigate the practical applications of these reforms.  

The proposals are due to be published in autumn, and all proposals will be subject to consultation. Time will tell what impact, if any, these reforms will have on road safety and motor law as a whole. 

How can Olliers help I have been charged with a motoring offence? 

If you have been charged with a motoring offence, our expert motoring solicitors are here to help, offering confidential and professional legal support at every stage of your case.

Contact our specialist motoring team by emailing info@olliers.com or by telephoning 01618341515 (Manchester) or 02038836790 (London).