Scotland’s Campaign against Irresponsible Drivers - Supporting Victims of Road Crashes

Articles relevant to road traffic laws

Investigation of Road Deaths Published

Added on 5 December 2017      The Lord Advocate published Guidelines on the Investigation of Road Traffic Deaths to assist the Chief Constable in the investigation and reporting of road traffic deaths. The guidelines complement guidance issued to Procurators Fiscal on the investigation of such deaths.

The guidelines can be found on the COPFS website: Road Traffic Deaths Guidelines

Update on Roadside Drug Testing

Added on 21 April 2017      The Scottish Government is in on-going discussions with Police Scotland, the Scottish Police Authority and the Crown Office & Procurator Fiscal Services on the operational requirements, including how roadside testing can be put in place.  Ministers intend to lay regulations by the end of 2017 for approval by MSPs, with implementation, including the need to have the necessary testing equipment in place, expected in 2019.

More info can be found at: Curbs Against  Drug Driving

Roadside Drug driving testing kits still not being used by the Police in Scotland 1 year after legislation being introduced.

Added on 18/04/2016       SCID has been campaigning for many years with bereaved families for road side drug testing kits to be introduced in Scotland. It is against the law to drive under the influence of illegal drugs, or if you have certain drugs above a specified level in your blood. Unlike the rest of the UK the only tool police officers have in Scotland to detect drug drivers, is the inadequate field impairment test.

The UK Crime and Courts Bill was introduced to the House of Lords on 10 May 2012. The Bill proposed a number of changes to the law in relation to criminal justice, the courts system, drug driving and immigration, many of which have application in relation to Scotland.

New legislation was introduced in March 2015 which allowed police officers in England & Wales to carry out roadside drug testing. There has been a four-fold increase in the number of motorists in England and Wales charged with driving under the influence of drugs since the law was introduced in March 2015, while the successful conviction rate has nearly doubled from 52 per cent in 2012 to 95 per cent now.

 In the one month long 2015 Christmas campaign, officers in England & Wales used 1,888 drug screening devices during December with 931 showing positive results for drugs - or almost 50 per cent. A spokesperson for the National Police Chiefs' Council (NPCC) said   More

Dtec International

Roadside drug test identifies drug drivers on the spot

WHO’s Global Status Report

Added on 20/10/2015       19 OCTOBER 2015 | GENEVA - Some 1.25 million people die each year as a result of road traffic crashes, according to the WHO's Global status report on road safety 2015, despite improvements in road safety.

The World Health Organization has today published the Global Status Report on Road Safety 2015. You can access the report on the official page of the WHO’s website: WHO Report


Victims Right to review a decision not to prosecute

Added on 07/07/2015         Crown Office have issued the following statement;  "As a victim of crime in Scotland, you, have the right to a review of a decision by us not to prosecute, made on or after 1 July 2015. You should if possible apply for a review within one month of the date you are informed of our decision not to prosecute. Generally you would be told of the review decision within 20 working days."

Section 4 of the Victims and Witnesses (Scotland) Act 2014 comes into force on 1 July 2015. This section introduces the right of a victim to seek a review of a decision by a prosecutor not to prosecute the case in which they are a victim.

Victims Right to Review: Further information and application form can be found at the Crown Office web site together with the Lord Advocate's Rules: Review of a Decision Not to Prosecute.

Crown Office Web Site Click here.

European Transport Safety Council

 Added on 07/07/2015       Poland seventh EU country to require interlocks for convicted drink drivers

Poland is the latest European country to require convicted drink driving offenders to install an alcohol interlock if they wish to get back behind the wheel. The country joins Belgium, Denmark, Finland, France, The Netherlands and Sweden, all of which now have rehabilitation programmes with interlocks backed by the courts. Poland’s new measures came into force on 18 May.

Austria, Norway and Switzerland are in the process of preparing similar legislation, and Germany announced a trial programme in February, but no further details have been released since.

Three days before the Polish measures came into force, a harmonised EU code on alcohol interlock devices for driving licences became law in a move that could help boost usage and enforcement of the technology across Europe.  more


World Day of Remembrance for Road Traffic Victims: Sunday 19 November 2017

Added on 27/06/2017      The World Day of Remembrance for Road Traffic Victims (WDR) is commemorated on the third Sunday of November each year.  This day, initiated by road victims in 1993 and adopted by the UN on 26th October 2005, is dedicated to remembering the many millions killed and injured in road crashes, their families and communities.  more

Theme for 2017
From Global Remembrance to Global Action across the Decade
Vital post-crash actions: Medical Care, Investigation, Justice!
Let’s make 2011-2020 a decade to remember based on Global Plan

European Parliament Lift road block on cross border traffic penalties

Added on 04/03/2015      ETSC and TISPOL – the European Traffic Police Network welcome today’s European Parliament vote to approve a new law enabling police to enforce penalties on foreign motorists who break traffic rules .  Non-resident drivers account for approximately 5% of road traffic in the EU but are responsible for 15% of speeding offences, according to European Commission figures. The law is expected to save at least 400 lives a year.  The new rules cover offences including speeding, drink driving, using a mobile phone at the wheel and ignoring red lights. 

Antonio Avenoso, Executive Director of the European Transport Safety Council (ETSC) said: “Today’s vote will help put an end to the injustice of foreign drivers escaping traffic penalties while locals get punished for the same offence. This is a long overdue change. The deterrent effect is important, knowing that you can be caught plays a key role in preventing dangerous driving.”

The law will come into effect in most EU countries later this year; Denmark, Ireland and the UK will have two additional years. Those three countries opted-out of an earlier version of the rules, but agreed to back a new proposal after the European Court of Justice ruled last year that the legal basis had to be changed. The rules are also set to be reviewed in 2016.

TISPOL General Secretary Ruth Purdie commented: “The next step will be to improve enforcement of traffic laws across the EU, starting with minimum standards for large-scale, regular and visible police enforcement actions on the three main causes of death: speeding, failure to wear a seat belt and drink driving.”

The European Parliament’s vote is the culmination of a seven-year legislative process and today’s positive result is thanks in no small part to several MEPs who have fought tirelessly for stronger enforcement of road safety rules across the EU. Ins Ayala Sender, a Spanish MEP, deserves particular credit for shepherding this law through the EU decision-making process since it was first proposed in 2008.  more

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Fatal Accident Inquiry in GlasgowSheriff Court

Added on 17/06/2014      William Payne, whose car mounted a pavement in Glasgow in December 2010 killing two students, Mhairi Convy and Laura Stewart, has been accused of lying and being reckless for not disclosing he suffered blackouts. ... more     

New 3D Scanner allows police to reconstruct crash sites on laptop3D construction

Added on 12/06/2014       New 3D scanning technology is being brought in to help police investigate crash sites  which will produce an accurate record of the crash site and hopefully reduce the amount of time roads are  closed after a crash... more

University of Dundee School of Law Report: ‘Access in Europe by a bereaved family to information gathered during an investigation into a fatal road collision’

Added on 12/07/2012        The University of Dundee School of Law Report: ’Access in Europe by a bereaved family to information gathered during an investigation into a fatal road collision’ was commissioned by SCID with support from the Campaign for Freedom of Information in Scotland. 

The aim of the research was to establish, through FOI requests, whether there are systems in place in Europe by which police organisations or other investigating bodies provide, as a matter of procedure or on request, information to the family of a victim following a fatal road collision that could be deemed to be best practice and from which Scottish police forces and the Crown Office and Procurator Fiscal Service could base their procedures.  

To access the full report click here