Tuesday 20 Apr 2010
TANKER CROSSING SMASH – SENTENCING MUST BE TOUGHER, SAYS NETWORK RAIL
- Region & Route:
- | Southern
Network Rail today said a sentence akin to a slap on the wrists for an incident that could have had catastrophic and fatal consequences was undeniably lenient. It called for tougher sentencing for those that break the law at level crossings, and in particular for those whose reckless and selfish behaviour risks the lives of hundreds of people travelling on the railway.
Tanker driver John McDonald was yesterday given three penalty points and fined £170 after being charged with failing to comply with traffic regulations after ignoring level crossing warning lights and claxons and smashing into barriers at Foxton, Cambridgeshire. Thankfully no one was injured and the approaching train was able to stop in time, however, this incident caused significant damage and delay.
Network Rail chief executive Iain Coucher said: “The toughest consequence of breaking the law at a level crossing is to lose your life – thankfully that doesn’t happen very often. But every week we see people who ignore warning signs and lights or drive round barriers at level crossings just to save a few minutes. This behaviour has the potential for massive damage, disruption and death. We think that the judicial penalties received need to reflect the seriousness of these crimes, and are calling on the judiciary to consider all these factors when handing down sentences.”
In 2008 Network Rail responded to a CPS consultation on bad driving. In this we said: “The deliberate disregard of level crossing signals (or instructions) should be regarded as dangerous driving (where no fatalities occur). Where fatalities do occur, consideration should be given to a manslaughter charge – such a charge would not be unprecedented, but examples are very few.”
Clearly, the CPS must judge each case on the facts brought before them.
Notes to editors
Road Traffic Act 1988
Highways Act 1980
S1 RTA 1988 – Causing death by dangerous driving. It is an offence triable only on indictment and carries a maximum penalty of 14 years' imprisonment, by virtue of the Criminal Justice Act 2003, and/or an unlimited fine
Sentencing Range: 12 months imprisonment - 14 years imprisonment; Disqualification for minimum 2 years; Obligatory endorsement; Mandatory disqualification until passes extended driving test.
S 2 RTA 1988 - Dangerous driving – Triable either way offence
Sentencing Range: Non custodial options may be considered, but usually a custodial penalty is appropriate, especially where a number of aggravating factors combine
On indictment (crown court) maximum sentence is 2 years imprisonment or a fine or both.
Summary conviction (Magistrates court). Maximum sentence is imprisonment not exceeding 6 months, or a fine, or both. Additional penalties may include:
- Disqualification minimum 12 months
- Obligatory endorsement
- Mandatory disqualification until passes extended driving test
S 3 RTA 1988 – Careless driving – This can only be tried in the Magistrates Court. The offence is not imprisonable and will therefore only attract a fine and discretionary disqualification.
Failing to comply with traffic signals & road signs
Relevant Law
Road Traffic Regulations Act 1984, Section 64
Traffic Signs Regulations and General Directions 2002, SI 2002/3113
Road Traffic Act 1988, Section 35, Section 36
Penalties
Endorsement of 3 penalty points, discretionary disqualification and a fine of up to £1,000.
Traffic signs include traffic light signals together with other prescribed road signs.
Examples of the sort of signs contained in the Regulations include signs directing a driver to keep left or keep right, give way signs or stop signs.
An offence of failing to stop for a Constable in uniform or a Traffic Officer is also created in Section 163 of the Road Traffic Act 1988.
By far the most common offence of failing to comply with a road sign or other signal are traffic light offences. This is largely because many junctions are now fitted with detection cameras which are capable of photographing a vehicle if it does not stop after the light turns to red. As well as detection by camera, alleged offences may also be seen taking place by Police Officers
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