Drivers Who Kill

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:00:00. > :00:10.Tonight on Panorama: Fatal distraction on Britain's roads, as

:00:11. > :00:15.the law struggles to hold drivers who kill to account, are we doing

:00:16. > :00:19.enough to curb distracted driving? We just can't keep on loading

:00:20. > :00:22.drivers more and more and more and not expect that it won't have an

:00:23. > :00:29.impact on the safety of people's driving. Only one in three convicted

:00:30. > :00:33.of killing through careless driving receives a custodial sentence. I

:00:34. > :00:41.would love the magistrates to tell us why they thought that sentence

:00:42. > :00:46.was adequate for killing our dad. Are prosecutors and the courts

:00:47. > :00:50.getting it wrong? And as the modern driver demands more and more from

:00:51. > :00:55.their car's infotainment system are motor manufacturers making things

:00:56. > :00:59.worse? There's no controversy whatsoever, using a secondary device

:01:00. > :01:01.of some kind in your car increases your likelihood that you're going to

:01:02. > :01:21.be in a crash. If five people died in a train crash

:01:22. > :01:27.tonight, it would make headline news. If five more died tomorrow

:01:28. > :01:34.night, we'd freeze the network. In this country, five people die on the

:01:35. > :01:40.roads every day. Road deaths seldom make headlines. It's as if we accept

:01:41. > :01:44.them as a fact of life, but is that complacency leading to an injustice

:01:45. > :01:48.to victims and their families? Recent changes in the law have vowed

:01:49. > :01:56.to dispel a feeling that we've gone soft on dangerous driving. The

:01:57. > :02:01.things drivers get up to behind the wheel never fail to amaze. This

:02:02. > :02:08.driver takes hand free to a new level, 30 seconds at more than 60mph

:02:09. > :02:11.with his hands behind his head. For this driver, knowing where he was

:02:12. > :02:17.going was more important than seeing where he was heading. And for this

:02:18. > :02:23.motorist, a flat battery was surely the least of his worries.

:02:24. > :02:26.Fortunately, no-one in these examples lost their lives. When bad

:02:27. > :02:40.driving kills, does the law hold drivers to account. ? On 24th May,

:02:41. > :02:44.2012, 39-year-old Joe Wilkins was cycling along this road, just six

:02:45. > :02:49.miles from his home. A car approached from that direction and

:02:50. > :02:54.drove straight into the back of Joe, killing him instantly. Investigators

:02:55. > :03:01.found the driver had 13 seconds to see Joe. The jury were told he had

:03:02. > :03:08.six-and-a-half seconds to react. Put yourself in the driver's seat for

:03:09. > :03:14.that length of time. Visibility was good and the driver claimed his eyes

:03:15. > :03:25.had been firmly on the road. But he didn't see Joe. What I kind -- I

:03:26. > :03:30.kind of always liked Joe, even from the age of five. I put a note in his

:03:31. > :03:36.drawer when he was five to ask him if he'd marry me, basically. He was

:03:37. > :03:43.funny. He was kind. He was a family man. On the evening that Joe was

:03:44. > :03:50.killed, Nic had to return home and break the news to their eldest

:03:51. > :03:58.daughter. She was five years old and she'd just lost her best friend too

:03:59. > :04:02.at that point. The scream that came out of her little mouth was just,

:04:03. > :04:07.yeah, it's something that I won't ever forget. The driver was charged

:04:08. > :04:13.with causing death by dangerous driving which carries a maximum

:04:14. > :04:18.sentence of 14 years. Shortly before the trial, prosecutors added the the

:04:19. > :04:23.alternative charge of causing death by careless driving, to which the

:04:24. > :04:29.defendant pleaded guilty. My expectations from the start was that

:04:30. > :04:33.he would be found guilty of death by dangerous driving, which is what we

:04:34. > :04:39.were going for and that he'd go to prison. How did you feel about the

:04:40. > :04:46.fact that he was found not guilty of dangerous driving? Devastated, to be

:04:47. > :04:52.fair. Because I can't see, to this day, that it was anything other than

:04:53. > :04:56.dangerous driving. How do you feel about the jury's verdict? They heard

:04:57. > :05:03.the evidence and made the decision. Yeah, if you try to put yourself

:05:04. > :05:07.into a juror's position, you can see that they could feel for the person

:05:08. > :05:14.stood in the dock telling their story of what happened, because that

:05:15. > :05:19.could be them. Probably most of them are drivers. Found not guilty of

:05:20. > :05:25.death by dangerous driving, the driver received one of the lowest

:05:26. > :05:27.possible sentences for death by careless driving, 240 hours

:05:28. > :05:33.community service and a year's driving ban. The judge concluded the

:05:34. > :05:37.collision had been due to momentary inattention. From the moment the

:05:38. > :05:41.jury said "not guilty", I think we were more and more let down from

:05:42. > :05:45.there. Mainly by the judge, I suppose. I certainly wouldn't want

:05:46. > :05:51.to be on the roads with anybody that classes that as just careless.

:05:52. > :05:58.Solicitor Paul Kitson works at one of the UK's largest law firms and

:05:59. > :06:01.has vast experience in pursuing civil fatal accident claims. The

:06:02. > :06:06.difference between death by careless driving and death by dangerous

:06:07. > :06:12.driving is that with careless cases the standard of driving falls below

:06:13. > :06:17.a careful and competent driver, whereas, for danger Russ driving,

:06:18. > :06:21.the -- dangerous driving, the standard falls far below that of a

:06:22. > :06:26.careful and competent driver. What is meant by "far below" is not

:06:27. > :06:33.particularly clear. There is much conclusion with the judiciary about

:06:34. > :06:37.where that dividing line falls. Before 2008, momentary lapses in

:06:38. > :06:41.concentration which resulted in death were generally charged as

:06:42. > :06:46.careless driving, which doesn't carry a custodial sentence. The new

:06:47. > :06:50.law, causing death by careless driving, carries a maximum five-year

:06:51. > :06:56.sentence. There was a gap in the law and it needed to be filled. The

:06:57. > :07:01.trouble is that gap in the law has been used to capture case that's

:07:02. > :07:05.ought to be dangerous driving cases. According to road safety charity

:07:06. > :07:11.Brake, the new law is failing to deliver justice. We are seeing time

:07:12. > :07:15.and time again families who are already traumatised and grieving, as

:07:16. > :07:21.a result of being bereaved or seriously injured in a road crash,

:07:22. > :07:28.feeling grossly let down and their pain added to by what goes on within

:07:29. > :07:32.the criminal justice system. So is the careless driving law being used

:07:33. > :07:37.to deal with dangerous drivers? In the last year, before the new charge

:07:38. > :07:43.was brought in, 233 people were convicted of causing death by

:07:44. > :07:48.dangerous driving. In 2013, a total of 310 people were convicted of

:07:49. > :07:53.causing death by dangerous or careless driving. So that means that

:07:54. > :07:59.more people were held to account for killing from behind the wheel.

:08:00. > :08:04.However, of those convictions, only 109 were convicted of death by

:08:05. > :08:09.dangerous driving. That means since the new charge was made available to

:08:10. > :08:16.prosecutors, convictions for the more serious charge fell by 53%.

:08:17. > :08:22.What's behind this startling fall? What we're seeing is plea bargaining

:08:23. > :08:27.happening, where motorists are accepting a plee for death by

:08:28. > :08:31.careless driving and they are contesting the dangerous driving

:08:32. > :08:36.charge. In many cases the dangerous driving charges are dropped if

:08:37. > :08:42.there's a guilty plea entered for careless driving and if the case

:08:43. > :08:48.does go to court, the judges themselves are slow to make strong

:08:49. > :08:54.jury recommendations or directions to convict for the dangerous driving

:08:55. > :09:17.charge. In a statement, the Crown Prosecution Service told Panorama:

:09:18. > :09:23.Getting the charge right is not the only problem. When it comes to

:09:24. > :09:27.causing death by careless driving, there are concerns that the sentence

:09:28. > :09:39.doesn't always reflect the severity of the crime. 72-year-old Brian

:09:40. > :09:45.Pattinson from County Durham had an impeccable driving record. Dad was a

:09:46. > :09:48.really careful driver because his oldest son, Tony, was killed on the

:09:49. > :09:53.road when he was very young, about three or four. That made dad real

:09:54. > :10:04.lay ware of how dangerous the roads can be. On 17 July, 2012, Brian's

:10:05. > :10:09.car was hit head on when a driver failed to see stationary traffic at

:10:10. > :10:15.this junction. He died in hospital the following morning. His killer

:10:16. > :10:17.wars convicted of causing death -- killer was convicted of causing

:10:18. > :10:21.death by dangerous driving but avoided jail. He was given an

:10:22. > :10:28.18-month community supervision order, a 12-month driving ban and

:10:29. > :10:34.ordered to pay ?85 in costs. ( How can you say my dad was worth ?85?

:10:35. > :10:37.It's just absolutely appalling. I would love the magistrates to look

:10:38. > :10:43.me and my brothers in the face and tell us why they thought that

:10:44. > :10:51.sentence was adequate for killing our dad. Since the incident, Kelly

:10:52. > :10:56.often compares fines and costs for other offences. Magistrates imposed

:10:57. > :11:01.a fine of ?100 along with a ?20 victim surcharge and costs of ?150

:11:02. > :11:07.for dropping litter. Another guy didn't clean up after his dog and

:11:08. > :11:14.was fined ?100 with a ?20 victim surcharge and costs of ?150. The

:11:15. > :11:20.worst one, a guy who had to pay ?1,400 because he caused unnecessary

:11:21. > :11:26.suffering to a squirrel. I don't agree with animal cruelty at all,

:11:27. > :11:32.but for causing the suffering and death a squirrel you have to pay

:11:33. > :11:39.?1400 and for causing the suffering and death of our dad, you pay ?85. I

:11:40. > :11:48.don't understand the law at all. It makes no sense at all. Have we

:11:49. > :11:53.developed an attitude problem when it comes to driving and what does

:11:54. > :11:58.that mean for that all important standard of a careful and competent

:11:59. > :12:02.driver? Getting stopped. He's right behind us now... The police are

:12:03. > :12:09.carrying out a collision reduction operation on the busy M62. Texting.

:12:10. > :12:17.They're using an unmarked HGV cab to get a good look at drivers' extra

:12:18. > :12:28.crick lar activity. He's on his mobile phone, left hand, left ear.

:12:29. > :12:32.It's the white van in lane one. Directions on her knee there, look.

:12:33. > :12:38.He's reading it now. She's looking down at it now as she's driving

:12:39. > :12:41.along. Some people might think these things aren't particularly

:12:42. > :12:45.important. You try telling somebody's relatives that it's not

:12:46. > :12:48.important when you're knocking on the door, telling them that their

:12:49. > :12:53.son or daughter has died as a result of somebody making a phone call and

:12:54. > :13:04.that's not an acceptable excuse to them. Using a mobile device. There

:13:05. > :13:10.you go. Oh, yes. He had absolutely

:13:11. > :13:15.everything going on there. Inspector Mark Hughes runs the major

:13:16. > :13:18.collisions team. He's been to many fatal accidents to establish whether

:13:19. > :13:24.they were due to dangerous or careless driving. You've got to

:13:25. > :13:29.decide would the normal person think that is careless or dangerous. Death

:13:30. > :13:34.by dangerous is a more serious charge, therefore the evident shall

:13:35. > :13:41.requirements are significantly higher. You need to stop him. He's

:13:42. > :13:44.chatting away like a good' un on his Often it's phone. Impossible to

:13:45. > :13:52.establish precisely what a driver was doing at the wheel when they

:13:53. > :13:56.crashed. In just a few hours on one stretch of motorway, the team pulled

:13:57. > :14:01.19 people for distracted driving. It's a big problem. It must be going

:14:02. > :14:03.on nationally all over the place. It needs addressing, whether it's

:14:04. > :14:11.education, enforcement or a mixture of both. Enforcement is succeeding

:14:12. > :14:17.in changing behaviour. Today seat belts are generally worn and alcohol

:14:18. > :14:22.avoided. Road deaths have fallen year on year. More technical

:14:23. > :14:26.advances have played a part in improving safety, another aspect of

:14:27. > :14:35.vehicle innovation is proving more controversial. So this is a 1983

:14:36. > :14:40.Mazda RX7. In its time it was a cutting-edge sports car. But to the

:14:41. > :14:46.modern eye, the amount of knobs in this car are purely to operate the

:14:47. > :14:58.car. It's very basic. There's very little in here to distract you.

:14:59. > :15:09.Fast forward 31 years, and look how things have changed: This is the

:15:10. > :15:14.latest Mazda 3 and it is what we have come to expect from a modern

:15:15. > :15:19.car. It has far more knobs and switches and even what the industry

:15:20. > :15:26.describe as an infotainment system, which allows you to access your sat

:15:27. > :15:32.nav, voice-activated controls, and even a social media platform access,

:15:33. > :15:39.like Facebook and Twitter. This is about a whole lots more than just

:15:40. > :15:46.getting from a to B. Like many cars, the ASDA comes with a warning about

:15:47. > :15:50.distracting -- the Mazda comes with a warning about being distracted

:15:51. > :15:59.while driving. The Facebook app reads out status updates and allows

:16:00. > :16:03.the driver to interact. Drivers can listen to emails and send

:16:04. > :16:10.voice-activated texts. These are just a few examples of features

:16:11. > :16:13.available across the market. There is no doubt that infotainment and

:16:14. > :16:19.technology is becoming a big selling point. Consumers want the

:16:20. > :16:22.technology. We see our car like our office or work space. We want the

:16:23. > :16:28.same functionality that we have in those places in our car. The Ford

:16:29. > :16:33.Fiesta. Never has more advanced engineering gone into a small car.

:16:34. > :16:41.30 years ago, it was performance and safety that got everybody excited.

:16:42. > :16:45.The airbag system reacts within 30 ms. Today it is infotainment that

:16:46. > :16:53.manufacturers are keen to tell us about. Connectivity to the world.

:16:54. > :16:58.Technology companies and manufacturers have created an

:16:59. > :17:09.infotainment industry valued at $30 billion. Forgive him. He is an

:17:10. > :17:17.idiot. In the US, these developments have set manufacturers and the

:17:18. > :17:23.courts on a collision course. Senator Rockefeller recently chaired

:17:24. > :17:26.a meeting for the industry. What is so important about having kids

:17:27. > :17:31.driving along updating their Facebook networks? What does that

:17:32. > :17:37.have to do with anything? You should know that I am very unhappy, if not

:17:38. > :17:44.desperate, about death and close to death injuries. And the sake of

:17:45. > :17:50.outdoing each other and making more money. So should we be concerned?

:17:51. > :17:55.Professor Paul Atchley has been studying cognitive distraction in

:17:56. > :17:59.drivers for 20 years. Cognitive distraction essentially means that

:18:00. > :18:04.one cognitive process, for example talking, is interfering with another

:18:05. > :18:09.one, such as looking at the road while driving. There is no

:18:10. > :18:14.controversy whatsoever. Using a secondary device of some kind in

:18:15. > :18:19.your car, like a cellphone, while driving, doing Twitter a hands-free

:18:20. > :18:25.device, that causes mental workload and that workload reduces your

:18:26. > :18:30.ability to deal with hazards and increases your likelihood of being

:18:31. > :18:34.in a crash. We can all get distracted from time to time when we

:18:35. > :18:38.are driving. Whether it is tuning the radio, fiddling with the sat nav

:18:39. > :18:43.system, it may be that you are eating behind the wheel. With all

:18:44. > :18:52.the new technology in cars, my question is where are we heading and

:18:53. > :18:55.is it safe? Motor manufacturers argue that many of these

:18:56. > :19:02.developments keep us safe by keeping our hands on the wheel. The problem

:19:03. > :19:09.is there is plenty of research that suggests that hands-free is not

:19:10. > :19:12.nearly as safe as people think. I have come to the University of Leeds

:19:13. > :19:18.for a driving test with a difference. This state-of-the-art

:19:19. > :19:25.simulator can be used to analyse driver behaviour in the finest

:19:26. > :19:29.detail. Every twitch of the wheel and tap of the pedals is monitored,

:19:30. > :19:36.and even my eye movement is under scrutiny. The test is simple. Drive

:19:37. > :19:45.safely along a motorway following roadworks signs, and then exit

:19:46. > :19:49.towards Wakefield. No problem. So now I am going to give this a go

:19:50. > :19:58.with a hands-free kit. Hands on the wheel, eyes on the road, how is my

:19:59. > :20:03.driving? OK, we are now going to do the 20 questions to ask. Ask your

:20:04. > :20:11.first question when you are ready. Is it a human being. No. This test

:20:12. > :20:14.is designed to simulate the demands of a fairly intense conversation

:20:15. > :20:23.like discussing work on the way to the office. Is it an animal? Yes. Is

:20:24. > :20:30.it a large animal or a small animal? You can only ask me yes or

:20:31. > :20:51.no questions. Is it as big as a dog? Yes. Does it live in... A

:20:52. > :20:54.house. No. Does it meow? No. OK, I'm afraid we have to stop you there

:20:55. > :21:03.because you have missed injunction that you were supposed to turn off.

:21:04. > :21:12.-- the junction. All over onto the hard shoulder and we. Driving now.

:21:13. > :21:17.-- pull over and we will stop driving now. I didn't pass the test.

:21:18. > :21:21.It was difficult talking to somebody on the phone while I was trying to

:21:22. > :21:25.drive, trying to keep my eye on the traffic. At times I must have been

:21:26. > :21:30.driving without being aware of my surroundings, what was behind me and

:21:31. > :21:35.what was happening. I really wasn't. At times I felt like I had a

:21:36. > :21:41.bad case of tunnel vision. What does the data reveal? When we loaded you

:21:42. > :21:45.up with that demanding cognitive task, we can see the tunnel vision

:21:46. > :21:50.you are describing with the eye tracking data. Hypervigilance at the

:21:51. > :21:53.front, losing that peripheral awareness that we would hope you

:21:54. > :21:57.would have in a normal situation, which may have resulted in the fact

:21:58. > :22:01.that you missed the junction you were supposed to exit the motorway

:22:02. > :22:06.for in that condition. I did slow down a bit, probably because I felt

:22:07. > :22:14.the need to concentrate but tunnel vision was not my only problem. What

:22:15. > :22:17.we did see was nearly a 100% increase in tailgating on the phone.

:22:18. > :22:23.For eight minutes you were within one second of the car in front. Even

:22:24. > :22:26.though you had slowed down, you were in more hazardous situations because

:22:27. > :22:32.of the demands of the cognitive task. I had actually taken the test

:22:33. > :22:37.a third time without distraction but 1.5 times over the legal

:22:38. > :22:43.drink-driving limit. Unlike hands-free, that is seen as

:22:44. > :22:48.completely unacceptable. I drove faster when drunk at my lane

:22:49. > :22:51.discipline was affected, but I did not suffer tunnel vision and I

:22:52. > :22:59.tailgated much less than when on the hands-free. People call me up in the

:23:00. > :23:04.car and they say, shall I call you back? No, I am on the hands-free, it

:23:05. > :23:08.is safe. But not as safe as I thought it would be. That is the

:23:09. > :23:12.point. It is not as safe as you thought it would be. We need more

:23:13. > :23:17.awareness and we cannot keep on loading up drivers more and more and

:23:18. > :23:20.then not expect it when we have difficult and challenging driving

:23:21. > :23:25.conditions not to have an impact on their driving. I had no idea that

:23:26. > :23:29.talking hands-free could impair my driving in similar ways to being

:23:30. > :23:37.drunk and I am not alone. The AA carried out a survey of more than

:23:38. > :23:40.18,000 drivers the Panorama of the people who chose to take part, a

:23:41. > :23:48.court assumed that if something was in a car, it was safe to use. -- a

:23:49. > :23:52.quarter. The trouble with understanding risk is that we are

:23:53. > :23:56.not statisticians and we don't look at tables. We look at what other

:23:57. > :24:01.people are doing, what our Government tells us is safe and what

:24:02. > :24:07.people who sell us things tell us is safe. Cognitively there is no

:24:08. > :24:11.difference between a hand-held and hands-free telephone conversation.

:24:12. > :24:15.The AA survey revealed that four out of five believed deaths resulting

:24:16. > :24:19.from hand-held telephone conversations should be charged as

:24:20. > :24:24.dangerous. For hands-free conversations, that number fell to

:24:25. > :24:27.one in five. That is important because what they're careful and

:24:28. > :24:34.competent driver thinks provides the standard by which these cases are

:24:35. > :24:38.tried. -- the careful and competent driver. But I am not sure that

:24:39. > :24:41.drivers, including myself, I getting the right messages from the

:24:42. > :24:46.Government and the industry about the risk. In the USA, Senator

:24:47. > :24:51.Rockefeller has warned the industry that he will push for legislation to

:24:52. > :24:55.put the brakes on infotainment. If we can't get something worked out,

:24:56. > :25:00.we will have to do it here and you will lobby hard against it and you

:25:01. > :25:10.may prevail. You may think what you are doing is creating a social good.

:25:11. > :25:13.If any of you think you are creating a social good for the betterment of

:25:14. > :25:15.the American people and the environment in which they with, I

:25:16. > :25:23.would like to have you explain that to me right now. -- in which they

:25:24. > :25:31.live. It is the sort of question that if you don't ask it, it is

:25:32. > :25:38.barrister -- embarrassing for you. I have visited the association of

:25:39. > :25:42.manufacturers and traders to find out more. Isn't it just about profit

:25:43. > :25:47.and not safety to put these things and cars? I think the question is

:25:48. > :25:50.misplaced. The level of developments and advancements around vehicles

:25:51. > :25:57.shows that the industry takes this very seriously. But social media in

:25:58. > :26:03.cars, is that responsible? The law is very clear on this. Your focus

:26:04. > :26:06.should always to be to give due care and attention to the road and the

:26:07. > :26:11.motorist must do that. If they want to use social media devices, they

:26:12. > :26:15.must all over and park and abide by the law. What is the point of

:26:16. > :26:20.putting these devices in cars if they are not supposed to be used by

:26:21. > :26:23.drivers while driving? Drivers want to have that technology.

:26:24. > :26:27.Increasingly the technology is on the contrary, to make sure your

:26:28. > :26:32.focus is on the road, and the best advantage of that is satellite

:26:33. > :26:36.navigation. But sat navs help drivers and social media platforms

:26:37. > :26:40.don't. Why is it necessary to have them in your car? People want to

:26:41. > :26:44.have that kind of access. What we are trying to do is to allow them to

:26:45. > :26:50.have access but not so that it interferes when they are driving.

:26:51. > :26:55.According to the industry, if people want it, and it is safe, then we

:26:56. > :26:59.should give it to them. Fair enough but who says what is safe? In this

:27:00. > :27:05.country we only legislate against televisions and hand-held phones in

:27:06. > :27:11.cars. What in vehicles is a voluntary set of design guidelines.

:27:12. > :27:19.-- what governs infotainment in vehicles. But the Government barely

:27:20. > :27:30.mentions cognitive distraction so why is it overlooked? What do you

:27:31. > :27:34.make of the dis- science that says there is a concern? The science is

:27:35. > :27:38.clearly mixed. I think all of the industry undertakes a lot of

:27:39. > :27:42.research to make sure that new technologies can be harnessed to

:27:43. > :27:45.support the driver. According to critics, the industry is picking and

:27:46. > :27:52.choosing in science and turning a blind eye to a body of evidence on

:27:53. > :27:57.cognitive distraction. What has been dismaying to me personally is that

:27:58. > :28:01.what we see are people really paying attention to the data that they

:28:02. > :28:05.think are most beneficial to them. If your goal is to put as much

:28:06. > :28:09.technology in a vehicle as possible, because frankly people

:28:10. > :28:13.want it and they want to be in communication with folks around

:28:14. > :28:19.them, it is a good story to believe there is no such thing as cognitive

:28:20. > :28:24.distraction. After everything I have seen, it is hard to escape the

:28:25. > :28:28.thought that as consumers we are demanding vehicles with more

:28:29. > :28:34.infotainment. In doing so, are we taking driving seriously enough? Are

:28:35. > :28:35.we eroding that all-important standard of the careful and

:28:36. > :28:39.competent driver?