by arthur Weinreb, associate Editor,
Thursday, February 11, 2005
The United Kingdom is considering proposed changes to its laws on careless driving to add other offences and increase maximum penalties. as in Canadian jurisdictions, the U.K. has both the offence of dangerous driving and careless driving on the books. Dangerous driving is a criminal offence in the U.K. that has a maximum penalty of 14 years in jail. Careless driving is not a criminal offence and the current maximum penalty in Britain is a fine of 2,500 when a death is involved.
While dangerous driving involves a pattern of driving that is dangerous to the public and criminal in nature, careless driving covers those situations where the driver has a momentary lapse in what is otherwise proper driving. What seems to have sparked the discussion for higher penalties in Britain are the number of accidents involving death or injury that occur while a driver is talking on a cell phone. Britain is considering adding the offence of careless driving causing death where the maximum penalty will be five years in jail and not just the fine that is currently available.
The British proposals to actually increase penalties seem, pardon the pun, foreign to Canadians. Our governments don’t like increasing penalties. If anything, they like decreasing them. Where people in the olden days used to go to jail, now they get house arrest. Law and order issues, much like the security of the country, are not high priorities In this country we prefer to spend all of our time dealing with the really important issues like same sex marriage.
Governments at all levels in this country prefer to take the easy way out. Instead of punishing those who drive improperly because they are
talking on cell phones, our proposed solution will be to ban the use of the phones while driving. Not only is it easier to do, but it makes the politicians think that they have really accomplished something. Instead of punishing those who drive carelessly, it is simpler to just ban the use of the phones.
If (more likely, when) we make it illegal to drive while speaking on a hand held cell phone, it will only be a matter of time before a driver kills someone while the driver is reaching for his or her cup of coffee. That will spark a whole new debate about banning the drinking of beverages while driving. The legislators will hold public hearings into the matter, organizations will be formed and ultimately the beverage ban will come into effect.
Then it will only be a matter of time before the experts point out that talking to a passenger is just as distracting as speaking on a phone or reaching for that cup of coffee. What will the government do; ban passengers? Have the police go around and look into cars to see if anyone is having a conversation? Once the banning has started, it is hard to know where it will end.
Ontario attorney General Michael Bryant will undoubtedly face the same dilemma when his pit-bull ban goes through. after the first vicious attack by a Rotweiller or a German Sheppard, Bryant will have to consider banning those breeds as well. It is a never ending stream of bans that will keep the legislators off of the streets but not accomplish much else, except take away more freedom from the citizens.
We should really consider taking a page out of the United Kingdom’s proposals to increase penalties, rather than calling for the outright bans that we do. But no one should hold their breath. Especially while driving.