A year on from the introduction of sentencing guidelines for driving offences in England & Wales we’re seeing the trends and likely forecasts which will particularly impact those operating vehicle fleets.

The full impact of the guidelines, introduced in July 2023, has yet to be felt for the more serious offences. They are intended to address concerns that penalties and sentencing for certain offences were unduly lenient and they are now intended to be more consequence led, which is especially noticeable in offences causing serious, life changing injuries but which fall below the threshold for dangerous driving.

A good example is the new offence of “causing injury by careless driving” which could receive a maximum sentence of two years’ custody and an obligatory minimum 12-month disqualification.

The guidelines cover a range of driving related offences including potential life sentencing for dangerous driving.

There are also categories to assist with sentencing including:

  • Culpability – addressing the offenders’ degree of guilt measured in relation to intention, recklessness and negligence.
  • Harm – measured by the severity of injuries caused.

Both categories – culpability and harm – are split into different levels which impact on the level of sentence along with the usual factors that amount to aggravating and mitigating factors.

 

Impact on Fleet Management?

Awareness and risk management are key for organisations operating vehicle fleets.

Following the introduction of the guidelines, even at the lower end of the offence scale – careless driving – they can lead to much harsher penalties including obligatory disqualification. This has implications for the offender but also for the fleet business in terms of cost and reputational risk.

The widespread use of technology with increased levels of sophistication and functionality provide far greater levels of transparency of driving performance and require greater responsiveness from the organisation to any concerning issues.

This is also relevant to fleet operators since Police protocols address lines of enquiry relevant to the effectiveness of their risk management strategies. If those strategies fall short, it can have a direct regulatory implication.

Key areas of risk management include driver recruitment processes and procedures, monitoring of driver performance, routes and journeys, including sufficient rest periods, drink and drugs polices and mobile phone use. The induction, training and buddying systems are important evidence and need to be kept up to date.

Issues can arise related to prescribed medication so it’s important to hold a central record for fleet drivers.

Contact Richard Salvini for bespoke risk management services including:

  • Advice on fleet driver policies, procedures and risk management.
  • Internal protocols for drivers – dos and don’ts in the event of a serious accident.
  • Training for corporate clients/stakeholders including all relevant developments in law, investigation and risk management.
  • Advice, support and full legal representation in criminal investigations led by the police and/or other regulatory authorities.
  • Representation at inquest hearings including strategic advice on reducing risk of or limiting scope of coroner’s Regulation 28 Preventing Future Death Reports.
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