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House passes death by dangerous driving amendment

Tough new legislation to combat dangerous driving was approved by MPs in the House of Assembly yesterday.The Road Traffic Amendment Act 2012 creates new traffic offences including:n causing death or grievous bodily harm by dangerous driving;n causing death or grievous bodily harm by driving while disqualified;n causing death or grievous bodily harm by driving unlicensed or uninsured; andn causing death or grievous bodily harm by careless driving.It also defines dangerous driving as being “at a standard that is far below what is expected of a careful and competent driver”.Transport Minister Derrick Burgess introduced the legislation with a reminder to MPs about the tragic case of six-year-old Tyaisha Cox, who died after being knocked down on a pedestrian crossing outside Purvis Primary School in 2003.“The driver of that car that struck little Tyaisha was prosecuted for driving without due care and attention and was acquitted of all charges in 2005,” said the Deputy Premier.He added that a comprehensive review of the Road Traffic Act after the incident identified gaps in the law.“The [amended] Act will provide definition for both dangerous and careless driving,” he said, adding that it would allow aggravating factors to be taken into account. The Traffic Offences Act 1976 will be changed to reflect stiffer penalties for those offences.”He said the amendments moved the law into line with the UK Road Safety Act 2006.Shadow Transport Minister Patricia Gordon-Pamplin said the Opposition supported the bill as it was important that where a death was caused by the careless operation of a vehicle “then the perpetrator of that act has to be held accountable”.She added: “It’s so important to recognise that there are times when accidents do happen and it’s not the accident that’s being addressed here, it’s the carelessness.”The One Bermuda Alliance MP went on: “It’s unacceptable for anybody to be driving in a careless manner that ends up causing the death of an individual when you know you are uninsured and you know you are under the influence. While we acknowledge that accidents happen, this is something that’s avoidable.”The Opposition later raised a concern that the bill removed a judge’s ability to use discretion in sentencing offenders but Mr Burgess said that wasn’t the case.