Road Traffic Offenders Act 1988 (Penalty Points) (Amendment) Order 2016

Baroness Pidding Excerpts

Tuesday 20th December 2016 Lords Chamber

The crucial thing with the order is maybe not the quantum involved but the enforcement of the law. You can have all the laws in the world, but if they are not being enforced they do not work. It is therefore important that the message comes forward, not only in the education process outlined by the Minister but from those who are deeply concerned about this epidemic of road deaths, that these are serious issues, enforcement will be tight and we will make sure that people pay the penalty. I do not think it is acceptable in this day and age that so many people can die in this country and throughout the world, and that numbers should grow in the way they do. This is a very small step. Much more needs to be done.

[Baroness Pidding (Con)]

My Lords, I add my support to the excellent suggestion of my noble friend Lady Chalker that we have education in our schools on the perils of the use of handheld mobile devices in cars, to work via peer pressure to make such use socially unacceptable. I also welcome the confirmation from my noble friend the Minister regarding the public awareness campaigns. Will the Government ensure we get these out there on social media platforms too?

[Lord Rosser (Lab)]

My Lords, we support the order, largely for the reasons set out by the Minister. Before the introduction of mobile phones we managed to survive, as a nation of car drivers, without them. Presumably, we ought to be able to survive today without using them—a risk to ourselves and others in our cars—while driving. I will, though, ask a few questions about the change in penalty points and issues related to it. I would be grateful for a response either now or subsequently.

I start by pursuing the line the noble Lord, Lord Cormack, and others referred to, namely on disqualification. In the debate in the House of Commons on this order, the Commons Minister said:

“Driving ability is clearly impaired if someone is using a handheld mobile phone. Studies show that that potentially impairs driving more than being above the drink-drive limit”.—[Official Report, Commons, Fourth Delegated Legislation Committee, 6/12/16; col. 4.]

If the Government accept the findings of these studies—the Minister in the Commons referred to them in support of his case for the order, as has the Minister here—why did the Government decide not to impose a period of immediate disqualification, as is the case with those found to be driving when above the drink-drive limit?

Alternatively, since a period of disqualification can be imposed by a court for a speeding offence, usually in cases where the offender has driven well in excess of the limit for the road in question, why did the Government not provide for a court to have the discretion to impose a period of disqualification where the circumstances in which the hand-held mobile phone was being used appeared even more potentially dangerous than normal? For using a hand-held mobile phone while driving, there is no question of a period of disqualification or its equivalent being imposed for a first offence for most drivers, despite the Minister stating that it potentially impairs driving more than being above the drink-drive limit and its being, according to the police, one of the “fatal four” causes of road accidents, alongside speeding and drink-driving—for which a period of disqualification can or must be imposed—and not wearing a seat belt.

Novice drivers who have passed their test in the previous two years face revocation of their licence if they commit a single mobile phone offence. So what difference in terms of the potential adverse impact on driving ability from using a hand-held mobile phone while driving is there between a driver who passed their test within the previous two years and one who passed their test 30 months ago?

Surely what this differentiation means is that, once individuals are more than two years past the date of their driving test, they are then allowed one free go at driving while using a hand-held mobile phone in the sense of not being taken off the road for a period of time. What message does that send out, since that fact might lead some to regard it as worth taking the risk of being caught for the first time using a hand-held mobile phone once they had got past two years since taking the test? Certainly, the figures on enforcement—to which my noble friend Lord McKenzie of Luton referred and which show a big drop of some 90% in the number of fixed penalty notices since 2011, at a time when the RAC reports a significant increase in the percentage of motorists saying that they use a hand-held mobile phone while driving—do not suggest that the likelihood of being apprehended is particularly great. Fear of being apprehended is surely the biggest deterrent to committing an offence. Reducing the number of front-line police officers, despite commitments being given that this would not happen, has very noticeable effects. We do not draw the same distinction when it comes to drink-driving between those who passed their test within the previous two years and those who passed their test more than two years ago, even though the Commons Minister is on the record as saying that studies show that using a hand-held mobile phone potentially impairs driving more than being above the drink-drive limit.

Does the provision for revocation of novice drivers’ licences apply also to HGV and PSV novice drivers who use a hand-held mobile phone while driving? As a matter of interest, is using a hand-held mobile phone while driving more prevalent in some parts of the country than in others, taking into account the number of people driving in different parts of the country?

Have there been other examples where increasing the penalty points for a traffic offence, as opposed to imposing penalty points for the first time, has reduced the incidence of such offences? I ask that because the impact assessment states on page 2:

“Higher penalties are expected to act as a deterrent to the use of mobile phones whilst driving”,

but then states:

“It has not been possible to predict with certainty the number of accidents that can be avoided each year as a result of the intervention and therefore this benefit has been assessed qualitatively”,

followed in paragraph 34 on page 7 by the statement that:

“There is a lack of robust evidence as to the effectiveness of increased penalties at deterring the use of mobile phones”.

There is a real danger that some who read the impact assessment and its apparent lack of hard evidence that the increased penalty points should reduce the incidence of hand-held mobile phone use while driving might come to the conclusion that this change following a consultation has more to do with the Government making policy by focus group than on the basis of a logically argued and substantiated case. Presumably the increasing sophistication and complexity of hand-held mobile phones, and the greater range of purposes for which they can now be used which necessitate looking away from the road ahead for longer than a split second, is a factor in their use while driving posing an increased hazard and danger that must quite rightly be addressed.

On a point made by the noble Baroness, Lady Randerson, the impact assessment states on the first page that,

“not offering the remedial course as an alternative to the”,

fixed penalty notice,

“and penalty points will act as a further deterrent, as first time offenders face the full FPN and fixed penalty points”.

As far as I can see, the impact assessment does not provide any information on how successful or otherwise the remedial course has been in ensuring that first offenders do not offend again. Could the Minister fill in this apparent gap in the information provided? I assume that the Government have some hard information showing that those who have been on the remedial course are just as likely to offend again as those who have not. However, that information should now be placed on the record in Hansard. If the Government do not have that hard information, what is the case for no longer offering the remedial course?

In the debate in this House last Thursday on hand-held mobile devices, the Minister said:

“We are considering the options for a model under which drivers committing this offence will receive a penalty in combination with education on the risks of using a hand-held mobile phone or other devices while driving”.—[Official Report, 15/12/16; cols. 1440-41.]

Does this mean that today the Government seek approval for an order, in respect of which the impact assessment refers to no longer offering the remedial course as an alternative to the fixed penalty notice and penalty points, at the same as they consider continuing with education on the risks of using a hand-held mobile phone alongside a penalty? If that is correct, it seems a rather odd way to proceed. Why not make some decisions now, before withdrawal of the remedial course, on the future of the education aspect?

Finally, could the Minister confirm the definition of “driving” as far as this offence is concerned? For example, if you are stationary in a traffic jam on the M25 and using a hand-held mobile phone, have you committed this offence if your engine is still running, or if your engine is switched off and your handbrake is on?

Road Traffic Accidents: Hand-held Mobile Devices

Baroness Pidding Excerpts

Thursday 15th December 2016 Lords Chamber

Moved by

[Baroness Pidding]

That this House takes note of the case for adequate measures to ensure the reduction of road traffic accidents caused by motorists using handheld mobile devices whilst driving.

[Baroness Pidding (Con)]

My Lords, on 10 August, Tracy Houghton, her sons Ethan and Joshua, and her stepdaughter, Aimee Goldsmith, were tragically killed on the A34 by an HGV driver while they were returning from a camping holiday. This incident could have been so easily avoided had the driver not been distracted by his mobile. Judge Maura McGowan said that his attention had been so poor, he might as well have had his eyes closed. A loss of attention can have devastating consequences.

The fact is, this could happen to anyone, because unfortunately too many people are guilty of using hand-held mobile devices behind the wheel. It is because of this that I have called for this debate.

We have a problem on our roads. From 2011 to 2015 there were 2,106 accidents, resulting in 103 deaths, caused by drivers being distracted while on their mobile phones. And yet, the number of fixed penalty notices issued in England and Wales for using hand-held mobiles while driving fell significantly—from just over 123,000 in 2011 to just under 17,000 in 2015—despite the number of accidents caused by drivers being distracted by their mobiles remaining fairly constant throughout this period. They are the result of the use of mobile devices not just for making calls, but for playing music, looking at maps and directions and texting, among other things—looking down at devices rather than at the road ahead. The problem is obvious. The reaction times of drivers on their mobiles are much slower than of drivers not using hand-held mobile devices. Mobile-using drivers have impaired judgment of their visual environment, and impaired decision-making skills. Their braking times increase compared with drivers not using mobiles.

One study showed that talking on a hand-held mobile posed a risk four times greater than that posed by undistracted drivers. That is on a par with those driving intoxicated. Another study by the Virginia Tech Transportation Institute found that texting while driving conferred a risk of collision 23 times greater than driving undistracted. This is indeed a real problem.

We rightly take drink-driving very seriously and there are substantial public campaigns against it. While, admittedly, that contributes to more deaths on the roads, we need to consider the issue of hand-held mobile devices in cars much more seriously. Alcohol, speeding and fatigue are generally viewed as greater threats to road safety because they are the major causes of crashes internationally. Because of this, these issues dominate road safety campaigns and the time of police officers on our roads. I am calling for us to investigate and understand the dangers posed by driving with hand-held mobile devices and for us to look at ways to make this socially unacceptable so we can prevent further unnecessary tragedies.

I would also like to highlight the ways we can develop technologies to allow drivers to use their phones behind the wheel. What needs to happen to decrease the dangers posed by driving with hand-held devices is for us to look at ways for drivers to communicate behind the wheel, possibly through smart systems at dashboard level and voice activation.

We all recognise the inherent dangers of driving with a mobile phone. On the basis of responses to the Department for Transport’s consultation last month, there is clear support for the proposed change in the law to increase the fixed penalty notice from £100 to £200 and to double the points added to a licence from three to six. As a result, novice drivers would automatically have their licences revoked, which hopefully would act as a strong deterrent. I also welcome new laws that will result in drivers who kill other road users because of mobile phone distraction being given life sentences.

Penalties, bans and prison sentences are all well and good, but to my mind this is too late. We need to stop these incidents happening in the first place. Having a ban is not enough. Evidence from not only the UK but the USA and Australia shows that bans do not have an effect on drivers’ long-term behaviour without sustained reinforcement, so it is not enough for us just to increase the fixed penalty notices. We need to continue to campaign so that we can avoid these tragic incidents.

However, these proposed changes do not go far enough. The law would treat car drivers and HGV drivers the same. I argue, and I am sure noble Lords would agree, that the dangers posed by HGVs to the cars around them is substantially higher, given that they are so much larger. HGV drivers already have to go through more stringent tests than the rest of us because their vehicles are more dangerous to other road users if they are driving carelessly. Why, then, should the penalties not be higher for engaging in unsafe behaviour that puts other drivers at risk? In this respect, I believe the proposal does not go far enough and I urge the Government to reconsider it.

We could reduce mobile use in cars by using cameras to catch drivers breaking the law. However, this was rejected back in 2006 by the then Transport Secretary on the grounds of invasion of privacy. Other suggestions, highlighted in a 2003 OECD report, have recommended backing systems that use electronic equipment to block all non-emergency calls from mobiles on our roads. However, the problems raised by this are obvious—non-drivers would be prevented from using their mobiles and the system might aggravate drivers. Furthermore, the system proposed by the report raises difficult questions about the role of government in our private lives. However, on balance, these are questions we need to address.

So if not this, then what? Drivers must be caught using their devices in order to be charged, so police have to be in the right place at the right time. Furthermore, heavy traffic can make it unsafe and impractical to intercept cars. It is harder to spot the offence at night, particularly if the roads are dark, and if drivers’ phones are small or on their laps. For those reasons, I recommend that the Government look at campaigns and ways in which to make driving safer with mobiles. Public awareness and perception are vital, and I commend the media organisations which have campaigned on this issue, including the Daily Mail, which has demanded a six-point penalty. I especially congratulate the Johnston Press group and its new investigations unit, which last month ran a series of hard-hitting stories highlighting the gap between sentences for killer drivers and the level of sanctions expected by grieving families. The Drive for Justice campaign, run by titles including the i, the Scotsman and the Star in Sheffield, is a major contribution to the national debate and a significant boost to public awareness. I also welcome Thames Valley Police’s new online video detailing the heart-rending fatal incident that I described earlier. Videos like this remind us of the hazards and potentially fatal consequences of driving unsafely. Most importantly, they remind us that we can all help the situation by not using our mobiles while at the wheel. I also welcome this month’s Ministry of Justice consultation, although we need to prioritise the prevention of such incidents in the first place.

According to research, perceived self-efficacy is the most important determinant of behaviour change. In layman’s terms, this means that we must make people feel like they can actually follow the recommendations and make a personal difference. This should constitute the thrust of any campaign. This year’s mobile phone THINK! campaign was hard-hitting. However, I came across it only because I was actively looking for it. I urge the Government to do much more to get this film out into the public domain. I also ask them to look at what they can do to get this year’s THINK! film on to more people’s social media platforms.

Given that young people are more likely to text and drive, we should target them, making using a mobile while driving socially unacceptable, just as we did with drink-driving and not wearing seat belts. I am sure that noble Lords will recall the use many years ago of public information films in campaigns. I ask my noble friend the Minister: can we not do this? Can we not show short, hard-hitting ads on primetime TV?

My second recommendation is for the Government to look at ways they can make mobile phone use in cars safer. Often, fiddling with our phones while putting calls on speaker constitutes a risk and a distraction in itself. I therefore urge the Government to pressure, encourage or even incentivise car manufacturers to install more inbuilt systems for answering and rejecting calls from our mobiles to minimise the risk of distraction. Resisting the urge to answer a call constitutes a distraction in itself, so ways in which we could answer our phones using built-in systems at dashboard level would undoubtedly reduce risk on our roads.

Other answers may lie in mobiles themselves. In 2005, Motorola was developing the polite phone. It examined driving conditions and routed calls accordingly. If a driver was parked, all calls would go through; in easy traffic conditions, only calls from your most important numbers would ring, with others sent through to voicemail. In the worst driving conditions, everything would be sent through to voicemail. Finally, in the event of an accident, your phone would dial emergency services. With tools such as Google Maps able to calculate traffic conditions on your in-phone sat-nav, I suggest that such technology would be well within our reach.

I emphasise that I do not have all the answers—fundamentally, I am not a road safety expert and do not pretend to be—but I can see the dangers posed. In calling for this debate, I am keen to ensure that we look more closely at this area so that we may save lives and prevent other tragic incidents. We need to create a wider debate and discussion around this issue. Such a debate will ensure that the issue remains relevant and that we can work together in this House and in the other place to find answers. I beg to move.

--- Later in debate ---

[Baroness Pidding]

My Lords, on my entering your Lordships’ House just over a year ago, it said in the Letters Patent that I should be given a voice. It is with the immense privilege of being given that voice that I have brought about this debate. I am still on a very steep learning curve and this is the first debate that I have tabled. I am grateful for the time that has been afforded to me and most grateful for the speeches made by all noble Lords. I am encouraged that there has been a great deal of agreement today, with many common threads. I know that many other noble Lords who were not able to be with us today also feel very strongly on this issue, as we saw in Oral Questions last week.

I also thank my noble friend the Minister for his full and detailed reply. I welcome the steps the Government are taking and, picking up on that common thread, I hope that great investment will be put into the public awareness campaign and, working alongside the media, in getting it out into the widest possible domain. I was encouraged by what the Minister said about considering action in relation to HGVs and about the education and awareness campaign.

Before closing the debate, I want to acknowledge the fantastic work done by emergency services throughout the country in dealing with horrific road traffic accidents, and the amazing support, often unrecognised, that our police give to bereaved families. I join the Minister in citing in particular the work of Thames Valley Police and the support they have given to the Houghton and Goldsmith families.

By having this debate, we have raised the profile of a very important issue and given an opportunity for a wider discussion. As such, the debate can only have been very worth while. I know this is not an easy issue to solve, but I hope we can move a step closer to seeing a reduction in the number of incidents caused by the use of hand-held mobile devices in cars and, as a consequence, the prevention of future fatal tragedies.

Motion agreed.