2022 Motoring Offence Still Not Appreciated

More than two years after its introduction, research commissioned by commercial insurance broker and BFM insurer partner, McCarron Coates, highlights how the motoring offence of Causing Serious Injury by Careless or Inconsiderate Driving is still not understood by the average person.

The overwhelming likelihood is that it is similarly not appreciated by tradespeople driving commercial vans that are highly at risk of falling foul of this law, including joiners and others in the woodworking profession.

The lack of awareness relates to both the definition of ‘serious injury’ and the potential punishments attached to a guilty verdict.

75% of people wrongly believe ‘serious’ relates to an injury more severe than a broken bone.  The reality is that even a broken finger could lead to punishment.

83% do not realise ‘serious injury’ can be a mental or physical impact.  Only 17% feel a mental impact can be defined as ‘serious injury’.

When it comes to the penalties, a fifth (20%) of people believe the punishment is a heavy fine.  In truth, no fines are levied at all for this offence, with the punishment being either a motoring ban, typically for 12 months, and possibly a prison sentence of up to two years.

This is unappreciated by 85% of people, who do not believe you could be imprisoned for driving carelessly or with a lack of consideration.

86% of those surveyed also did not realise that HGV and LGV drivers can be punished more severely than other drivers.  The 2022 law takes into account the Hierarchy of Road Users, introduced in the latest version of the Highway Code, launched in January 2021. This put commercial vehicle drivers at the bottom of the hierarchy, with more responsibility for the safety of other road users than any other group.

Sentencing can also be more severe in a case in which one of the most vulnerable road users, a pedestrian, cyclist or horse rider, is injured by a commercial vehicle driver – the two ‘poles’ of the hierarchy literally coming together.

One of the key issues underpinning the lack of public understanding is that 19% of people have not read the Highway Code since they passed their driving test and over a quarter (26%) have not read it for over 10 years.  This makes it impossible for them to have reviewed the latest edition, which introduced the Hierarchy of Road Users.  Unsurprisingly, 89% do not know to what the Hierarchy of Road Users refers.

To help those in the woodworking profession get up to speed, McCarron Coates has created its own free board game, ‘Road Hierarchy’.  Through game play, messages about the seriousness of injuring another road user through careless or inconsiderate driving are driven home.  

Such a situation could occur as a result of poor judgement, poor vehicle maintenance, lack of driving skill, driving at a standard below that expected, or in an aggressive and unsafe manner.  It could be the result of behaviours such as using a mobile phone whilst driving, or tailgating.  There are a whole host of other possible causes.

McCarron Coates director, Luigi Maggio, says, “The game is part of an education process which needs to occur, if commercial drivers and tradespeople driving commercial vans are going to appreciate the framework in which they are operating, every time they take to the road.

 “The lack of awareness about the Hierarchy of Road Users and the possible impacts of the 2022 law on a life or livelihood is worrying.  We feel that, for whatever reason, whether that is the pandemic, cost of living crisis or just a general lack of publicity, this law has slipped under the radar of commercial tradespeople. We are looking to swiftly correct that and make sure all road users understand where they stand, if they cause even what might be deemed by many people to be a fairly moderate amount of harm to another person.”

To download the Road Hierarchy game, head to https://bit.ly/3Z7rDMG .          

Notes to Editors

This 2024 research survey was conducted through research company Censuswide, who surveyed a representative sample of 1000 adults.

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Editors notes

McCarron Coates is an award-winning insurance broker, based in Morley, Leeds, which is a specialist in fleet transport insurance and other niche areas such as roofing, scaffolding and woodworking insurance. It also supplies many other types of commercial insurance policies and risk management services, to clients nationwide and is highly respected as an industry thought-leader, within its individual spheres of influence.