Death by careless driving added to road offences

| 10/09/2012

_DEW2454-250w-main(2).jpg(CNS): After the new traffic law comes into effect in ten day’s time on 21 September, causing death by ‘careless’ driving has been added to the list of offences, which could see drivers jailed for killing other road users or pedestrians in a much wider range of circumstances than the previous law allowed. Section 79 introduces the offence of causing death by careless driving or inconsiderate driving, which will be an arrestable offence, meaning that the driver can be arrested without warrant. The law carries a term of imprisonment for up to seven years and a fine of $10,000 as well as disqualification from driving. The law also increases a number of fines for various road traffic offences, as requested by the RCIPS.

Director of Driver and Vehicle Licensing David Dixon explained how the new offence differed from the existing charge of causing death by dangerous driving.

“Dangerous driving refers to a driver that caused a road death due to high speed and the manner of road driving without taking into consideration the conditions on the road and traffic, “ he said. “Death by careless driving or inconsiderate driving may happen in a low speed situation, for example when using a cell phone.”

He noted that inconsiderate driving has also been added to the careless driving, which could include when someone drives with their hazard lights on without having an emergency, or driving in a puddle and splashing a pedestrian, or with their headlights on bright. “These changes were recommendations made by the Royal Cayman Islands Police Service to address this anomaly in the current Traffic Law,” he noted.

A number of fines have also been increased, such as failing to comply with a stop signal, which was $20 and is now $100. Parking 45 feet from a pedestrian crossing attracted a fine of $25, which has risen to $100.  The fine for failing to comply with a police signal in cases where they are directing traffic, or failing to give way to a police or another emergency vehicle, such as an ambulance, was $20. That has gone up to $200.

Able bodied drivers who park in a disabled parking space can now expect to receive a ticket and pay a fine of $100. The other new fine is for the improper use of a cell phone while operating a vehicle, which attracts a fine of $150.

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  1. Anonymous says:

    I know the UK Highway Code doesn't apply here, but as we drive on the left like the English surely if it were to be applied our roads would be much safer.  I saw a post in the last few days when somebody suggested this and mentioned that you should be indicating your intention as you approach the roundabout.  Somebody was quick to point out the poster was referring to the UK Highway Code and then stated that there was no such requirement within the Highway Code for people to indicate their intention before entering a roundabout, and that they should only indicate when they are exiting.  The latter person knew nothing about what they were talking about and would fail their UK driving test if asked to answer this question.  For the avoidance of doubt, the UK Highway Code procedure for roundabouts (which really should be applied here to make roads safer) is as follows:

    Rule 184

    On approaching a roundabout

    take notice and act on all the information available to you, including traffic signs, traffic lights and lane markings which direct you into the correct lane. You should

    • use Mirrors – Signal – Manoeuvre at all stages
    • decide as early as possible which exit you need to take
    • give an appropriate signal (see Rule 186). Time your signals so as not to confuse other road users
    • get into the correct lane
    • adjust your speed and position to fit in with traffic conditions
    • be aware of the speed and position of all the road users around you.

    Rule 185

    When reaching the roundabout you should

    • give priority to traffic approaching from your right unless directed otherwise by signs, road markings or traffic lights
    • check whether road markings allow you to enter the roundabout without giving way. If so, proceed, but still look to the right before joining
    • watch out for all other road users already on the roundabout; be aware they may not be signalling correctly or at all (Its as though this bit was written for Cayman!)
    • look forward before moving off to make sure traffic in front has moved off.

     Rule 186

    Signals and position.

    When taking the first exit to the left, unless signs or markings indicate otherwise

    • signal left and approach in the left hand lane
    • keep to the left on the roundabout and continue signalling left to leave.

    When taking an exit to the right or going full circle, unless signs or markings indicate otherwise

    • signal right and approach in the right-hand lane
    • keep to the right on the roundabout until you need to change lanes to exit the roundabout
    • signal left after you have passed the exit before the one you want.

    When taking any intermediate exit, unless signs or markings indicate otherwise

    • select the appropriate lane on approach to the roundabout
    • you should not normally need to signal on approach
    • stay in this lane until you need to alter course to exit the roundabout
    • signal left after you have passed the exit before the one you want.

    When there are more than three lanes at the entrance to a roundabout, use the most appropriate lane on approach and through it.

    There's even simple diagrams to show you what they mean. 

    Source: http://www.nidirect.gov.uk/index/information-and-services/motoring/the-highway-code/89-307-rules-for-drivers-and-motorcyclists/highway-code-rules-159-203/184-190-roundabouts.htm

    For more specific advice on procedures at roundabouts, see Appendix on pages 135-139: http://www.nidirect.gov.uk/index/information-and-services/motoring/the-highway-code/annexes-to-the-highway-code/appendix-to-the-highway-code.htm

     

     

     

     

     

     

     

    • Chelonophagus says:

      You do not understand our culture and heritage.  For generations it has been the height of bad manners to indicate on a circle.

    • Anonymous says:

      I agree with you completely and would add that there should be a STAY LEFT ruleas in the UK too for dual carriageways. STAY in the LEFT lane unless you are overtaking so that traffic in the right  lane can move freely and the lanes do not get clogged up with a back-up of traffic.

      Oh, and when driving below the speed limit, if the road in front of you is clear but there's nothing but cars behind you, either SPEED UP to the speed limit and stop holding everbody up, or pulll over and let them by.

  2. Anonymous says:

    I dont like the parking near to a crosswalk increase. Mainly cause i got dinged on that once!!!

    Anyone notice the new trend of blackout licence plate "protectors?" Why does a replaceble part of the car that you do even own need you to buy it a a protecter?

    Was looking the other day as a wee honda sllithered past me in traffic, could not read his plate form beyond about 10 yards!

    • Anonymous says:

      They should have increased the fine for intentionally obscuring the license plate.  I can think of no sensible reason for installation of these covers other than trying to commit crime undectected.

  3. Anonymous says:

    So this new change is to apply to "killing" by carless driving….what about "injuring"? Afterall some persons are very seriously "injured" eh?

  4. Anonymous says:

    This is exactly the same fudge job they recently did with the UK traffic laws.

    Why not just introduce a crime of vehicular manslaughter or vehicular homicide?

     

    • Mumbles says:

      Because juries do not convict enough on that kind of offence, this defintion securies more results.

      • Anonymous says:

        This 'it's too difficult to get a conviction' line is in fact the same kind of limp-wristed excuse that has been regularly used in the UK for not bringing charges of causing death by dangerous driving.

        The result is also the same – drivers who kill will face lesser charges and get off with menial sentences (often nothing more than a fine and a driving ban) when by rights they should have ended up spending many years in jail.

        OK, so the new laws might make it easier to get a conviction but does the punishment fit the crime? No, and as was posted originally this a fudge.

  5. Anonymous says:

    Can we also have a law (there's probably already one in the Highway Code!!), that stops gormless people from parking on junctions and bends, who are these idiots anyway?

    Cyclists also conern me, the number of times I've seen them knocked over at night and they've had no lights or high-vis jackets.  Its the drivers who then have to pay through increased insurance premiums, whenever a cyclist is knocked over at night and they have no lights or inappropriate clothing then that's where the blame lies, in my view its tough they've risked their live and others as soon as they step on the bike!

    All people on Island should have to take a vigourous driving test when they start driving/come to the Island, rather than paying a small fee and off you go!

  6. Anonymous says:

    Let's hope that driving without lights on at night and in the rain are offences as well!  It amazes me how many drivers forget to turn on their lights at dusk, dawn, night, and rain.  Maybe a mandatory safe driving course would help for those offenders…but then again, they'd have to be pulled over first…

  7. Anonymous says:

    Since killing someone by driving drunk after partying seems to only get a 2 year sentencewhat good is this law change going to make?