Safer roads

The Driving Standard Agency (DSA) has recently announced that it is to change the current driving test format. This would include making potential drivers wait until they are 18 years old before taking their test.

There would then follow a further two year period where learners would not be allowed to drive at night and would be restricted to carrying no more than one passenger. These restrictions would only be lifted on passing a second test at the age of 20.

This graduated licence system would follow the format currently in place in several countries including many states in America.

It is hoped that this more demanding structure would allow young drivers to build up more experience before being unleashed on our dangerous roads where fatality figures continue to peak in the 17 '“ 25 age group.

Since forming in 1991, the Motor Accident Solicitors Society (MASS) has always been concerned with road safety issues. MASS has for many years been advocating the need for better training and education to be given to young drivers who under the current system, after learning a few stopping distances, getting through the hazard perception test and then having a short test are then let loose on our roads where they are often a danger to themselves, their passengers and other road users.

Many MASS members attend sixth forms and colleges (often accompanied by representatives from the emergency services) to give presentations emphasising the need for safe driving and explaining the legal and social consequences of crashes.

MASS has raised money for and worked with various road safety groups and charities, with the aim of improving awareness of the dangers of the road and educating young drivers who are particularly vulnerable. Consequently, MASS very much welcomes discussion regarding these driving test proposals. Any measure which may reduce the number of fatality and crash victims amongst young drivers can only be applauded.

Clearly there is no single easy solution to the high levels of crashes involving inexperienced drivers. However, we believe that it should not be left to voluntary societies such as MASS to advocate better young driver education. Time should be found within the national curriculum at schools and colleges for road safety issues to be discussed. Such education should also cover the consequences caused by the continuing problem of uninsured motorists. Young drivers in particular find it tempting to evade insurance in the hope that they won't get caught.

Whilst it is very pleasing to see the issue of uninsured driving high on governments' agenda, it is long overdue. Despite the police now being supplied with the Automatic Number Plate Recognition (ANPR) system, which is linked to the Motor Insurance Database and used to detect vehicles that are not registered as having insurance, there is little evidence to date that this is an effective deterrent. In the Road Safety Bill, which was given Royal Assent in November 2006, a new offence of being the registered keeper of an uninsured vehicle was introduced with a £100 fixed penalty and the power to clamp and dispose of vehicles where appropriate. With insurance for young drivers often costing over £1000, an average penalty fee of £200 for driving uninsured provides insufficient deterrent. MASS applauds these new powers but feels they will have little effect as penalties and fines for any offence involving uninsured driving are too low.

Higher claims limit not the answer

As an organisation representing the victims of road traffic accidents, MASS knows only too well the devastating effect road accidents have on victims and their families, and how crucial it is that victims receive the necessary support and advice in all areas of their life in order to return to some kind of normality. MASS is particularly concerned about the current proposals to raise the small claims limit and streamline the claims process for personal injury cases which will potentially remove or at best reduce legal representation at best reduce legal representation for victims. Personal injury claims can be extremely complicated and even for a 'minor' injury, future complications following the injury or potential financial losses can occur. Removing or reducing independent legal representation can leave the claimant a victim twice : once from being in an accident through no fault of their own and from being left to the mercy of an insurance company or judge to decide what recompense they deserve. Can insurance companies really be trusted to pay fair and reasonable compensation to an unrepresented victim? MASS believes that any increase in the small claims limit will not provide Access to Justice and will place the victim at a considerable disadvantage.

After presenting a petition of 25,000 letters opposing a change to the small claims limit to 10 Downing Street, MASS is urging the government not to raise the small claims limit and to recognise the importance of independent legal advice within the claims process to the victim.

'Roads' and everything pertaining to them, from safety and the environment to accidents and their consequences, are currently an extremely emotive issue. The future safety of all road users however depends largely on how well young and new drivers are introduced to the world of being a 'road user' and the responsibilities that entails.

MASS is pleased that the Driving Standards Agency is looking at improvements to the driving test but we believe that this should not be looked at in isolation but rather together with a number of other issues including greater road safety education in schools and tougher penalties for driving without insurance, to name but two. In an ideal world road accidents would be eradicated and there would be no victims, but unless and until that occurs, it is essential that victims of all road accidents have the proper Access to Justice which they deserve.