NEW crime legislation could provide more legal recourse for riders injured on the roads – but educating drivers is still the top priority.
The Police, Crime, Sentencing and Courts Act 2022 creates a new offence of causing serious injury by careless, or inconsiderate, driving. The offence has a maximum sentence of two years’ imprisonment.
Cathryn Godfrey, a lawyer at Irwin Mitchell who supports horse riders injured on the roads, said “serious injury” is defined as physical harm that amounts to grievous bodily harm, and often means life-changing and permanent injuries.
“Before the changes came in, a driver could be convicted of careless or inconsiderate driving which only had a maximum penalty of a fine,” she said.
“I have represented many individuals including horse riders who have been injured, and sometimes sadly lost their horse because of injury. They and their families have been shocked at the limit of the sentence imposed, bearing in mind the injuries sustained and the impact this has had on their day-to-day activities and life.”
Ms Godfrey cited this year’s changes to the Highway Code, which provide specific advice on passing horses, and she believes may be relevant to the new offence when riders are injured on the roads.
“I welcome the new offence, which may be considered in these circumstances,” she said.
“Time will tell as to whether the increased sentencing powers and new offence will deter dangerous or careless drivers and encourage road users to be more considerate around horse riders on the road. But the availability of the new increased sentencing powers can only be a positive step.”
Ms Godfrey added that although the new sentencing powers may not immediately improve horse and rider road safety, their availability may help in the long term to reduce the number of road incidents involving equestrians.
“Together with campaigns led by the British Horse Society [BHS] urging drivers to humanise horse riders and also to educate horse riders and other road users about the vulnerability of this cohort of road user, this is a positive move in improving the safety of horse riders and other road users,” she said.
BHS director of safety Alan Hiscox told H&H this new offence and sentencing means any rider who is seriously injured as a result of careless or inconsiderate driving, “if the police take appropriate action, will hopefully have the support of the courts”.
He added: “Of course, the change in behaviour of drivers when they pass horses is the main thrust of the BHS’s safety campaign, Dead Slow, but this will add to the options available to the police and courts.”
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