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5. RIGHTS AND RESPONSIBILITIES
Introduction
5.1 The focus groups involved exploring young people's views on their rights and responsibilities as a driver and/or passenger. We discussed both the rights and responsibilities participants currently have, and those they expect to have. This was achieved primarily by asking participants to rate the extent to which they agreed with a series of eleven statements, and to explain their views. The statements asked participants to consider the current and potential future rights of younger drivers and passengers, as well as exploring how these balance with responsibilities. The statements explored views towards a number of key themes:
- restrictions or interventions specifically for younger drivers;
- general policing and the law;
- responsibilities of parents and passengers; and
- government responsibilities.
5.2 Interesting points raised during this exercise were then discussed in more detail as a group. In addition, participants raised issues relating to rights and responsibilities throughout the discussions. This section sets out our key findings in this area.
Restrictions or Interventions for Younger Drivers
Stricter laws for younger drivers
5.3 Participants were asked a series of statements about their views on restrictions or interventions for younger drivers. Firstly, we simply asked whether participants felt that, generally, there should be stricter laws for young drivers than older ones - without prompting yet on specific laws. There were some very strong views on this. Overall, the majority of participants (42 of the 54 participants) were against suggestions that there should be stricter laws for younger drivers.
5.4 Interestingly, those who agreed that there should be stronger laws were all men. For example, some young men aged 16 to 19 in Glasgow indicated that drivers under 18 years old should be subject to more checks and rules. But, the young men were not really sure what laws should be stricter. One of their suggestions was that people should not be able to carry passengers until they were 21. They thought that this could be incentivised if it was matched by a reduction in insurance for the under 21s.
5.5 Most other participants disagreed with this statement. There were three main reasons for this. Firstly, many participants said that having different laws for younger people would be discriminatory and unfair.
"Everyone should be equal." (Non-driver, 16 to 19 year old, male, urban)
"You can't make different rules for everyone." (Non-driver, 16 to 19, male, rural)
5.6 Secondly, some participants indicated that having stricter rules meant that young people would not be able to develop their experience as a driver in different situations.
"You're not getting much experience of driving if you are limited by the laws." (Non-driver, 16 to 19 year old, male, rural)
5.7 Finally, the main reason for disagreement was that participants felt that experience, and not age, was a far greater influence on driving ability.
"What if someone passes at 40 - they're still a new driver, so it's not fair." (Driver, 20 to 25 year old, female, rural)
5.8 In discussions around stricter laws for young drivers, many participants raised (unprompted) the possibility of having more restrictions on new drivers of all ages. Many felt that this would be fairer as it would link safe driving with experience rather than age.
"I've done more than 10,000 miles since I passed my test and I'm definitely a better driver." (Driver, 16 to 19 year old, male, rural)
5.9 One group of 20 to 25 year old men suggested that there could be restrictions for new drivers in terms of car engine size.
"I think you should have your licence for a few years before you get a certain engine size. Maybe for the first two years you could have no more than a 1.3." (Driver, 20 to 25 year old male, rural)
5.10 But, as discussed above, other participants thought that placing restrictions on new drivers meant that they were not building up the experience that they needed. For example, 20 to 25 year old women in the Borders indicated they did not think that new drivers should be restricted for very long, or else they would not get the necessary experience to become a better driver.
Stricter laws on drink driving
5.11 Participants were asked whether they agreed with the statement that 'people under a certain age shouldn't be allowed to drink and drive at all'. There were mixed views on this statement. In total 24 participants agreed and 30 disagreed. Again, male participants were proportionately much more likely to agree with the statement (20 participants) than women (4 participants).
5.12 In discussing this issue, participants raised many of the same issues debated earlier in the focus groups (set out in more detail in Chapter 3, paragraph 3.14). Many participants agreed with this statement, but felt that no-one should be able to drink and drive - not just young people. Many had strong views on this:
"No one should be able to drink or take drugs and then drive. It's unacceptable." (Driver, 16 to 19 year old female, urban)
5.13 Some of those who disagreed felt that the current limit was so low that it would not make much difference to reduce this. Others mentioned that each individual had their own tolerance level for alcohol, and that some people would be able to handle alcohol better. (See also discussion in Chapter 3, paragraph 3.18).
5.14 A minority of participants felt that experience was a better indicator of ability to drink and drive than age. The inference was that if you are a more experienced driver, you are able to drive more safely under the influence of alcohol.
"Driving experience is more appropriate than age." (Non- driver, 20 to 25 year old male, urban)
"A better driver can drive better drunk." (Driver, 20 to 25 year old male, urban)
5.15 Younger participants (in the 16 to 19 year old band) were more likely to argue the case for having the same rules for everyone so as not to discriminate against younger drivers.
"This would mean young people are being victimised - it's saying that after one drink young people will have an accident." (Non-driver, 16 to 19 year old male, urban)
5.16 Only one participant (in a younger male group) mentioned the reasons behind suggestions for restricting younger drivers.
"You should also look at the statistics that young people are more likely to have an accident and have a lower tolerance to alcohol, so I can see the basis for it." (Driver, 16 to 19 year old male, urban)
Stricter laws on driving at night
5.17 Participants were asked to comment on whether they felt that 'people under a certain age shouldn't be able to drive at night.' There was almost unanimous disagreement with this proposal. Some felt that this was an impractical suggestion, and could not be monitored. There were suggestions that it was sometimes easier to drive at night, as there were fewer cars on the road.
"Sometimes it is easier to drive at night." (Driver, 16 to 19 year old female, urban)
Stricter laws on carrying passengers
5.18 Participants were then asked if agreed that 'people under a certain age shouldn't be allowed to carry passengers at all, or at night.' Again, almost everyone disagreed with this statement. Views were based on the impracticality of the statement and the inference that young people were not good drivers.
"That's age discrimination - you can't judge by age. You could be a 34 year old man who speeds like hell or an 18 year old who's really cautious." (Non-driver, 16 to 19 year old male, rural)
"Why would you be allowed to pass and not be considered safe enough to carry passengers? It doesn't make sense." (Driver, 20 to 25 year old, female, rural)
5.19 Most felt that carrying passengers was one of the key reasons why people have a car, either to pick up friends, relatives or to use it for work. Not being able to carry passengers was seen as too restrictive.
"It's why you buy a car. You pay enough for it through your road tax." (Driver, 16 to 19 year old male, rural)
"What's the point in driving if you can't have passengers?" (Non-driver, 16 to 19 year old female, urban)
5.21 There was the general consensus that all of the statements relating to 'people under a certain age' would be very difficult to monitor and would largely be ignored by young drivers. The view was that experience was more important in determining driving ability than age.
Enhanced training for new drivers
5.22 Participants were asked one statement which particularly related to new drivers (rather than young drivers). We asked whether new drivers should get practice driving in risky situations as part of their training. Almost everybody agreed, suggesting that it would be good to practice at night, on the motorway and in different types of weather. Only one person disagreed.
5.23 One participant had completed the Pass Plus driver training and he recommended it to other drivers.
"I think it should be a choice but it is beneficial and I would recommend it." (Driver, 16 to 19 year old male, urban)
"I think it is a really great idea. Over the winter I ended up driving in a really horrendous snow storm. It was the first time I had ever driven in the snow and I had no idea how to keep the car on the road - I had no experience." (Driver, 16 to 19 year old male, rural)
5.24 Although some thought Pass Plus should continue to be optional, many participants suggested that it should be mandatory. This was seen as an alternative to stricter rules for new or younger drivers.
"Pass Plus should be compulsory. That should just be the test." (Driver, 20 to 25 year old male, rural)
5.25 A minority of participants (two young men in the Glasgow focus groups) felt that making the test more difficult would result in more people driving without licences (see Chapter 3, paragraph 3.72 for more discussion on illegal driving).
General Policing and the Law
Increased policing of driving behaviour
5.26 Participants were asked whether more police and speed cameras were needed to make sure people stick to the rules. Responses were relatively mixed. Overall just over half agreed. Proportionately, female participants were considerably more likely to agree that more police and speed cameras were needed. Many young men (particularly in the 20 to 25 age group) had very negative views on speed cameras. Non-drivers were also more likely to agree that more restrictions would help people stick to the rules, than drivers - who often saw speed cameras as a nuisance.
5.27 Average speed cameras were mentioned as a major influence on driving behaviour - far more influential than traditional speed cameras. This was because there was a greater risk of getting caught, and they slowed you down over the whole area covered, rather than just for a short distance.
"You should get more of those average speed cameras. I hate them but they totally work." (Driver, 16 to 19 year old female, urban)
5.28 Participants generally saw policing as having an impact on driving speed, rather than other elements of driving behaviour. In wider discussion, a minority of participants indicated that they felt that more policing was not necessary because it was the driver's responsibility to decide how fast was safe.
"It is the right of the driver to go at a speed they think they can drive at - and their responsibility to make sure the passengers feel safe." (Non-driver, 16 to 19 year old male, urban)
Use of mobile phones
5.29 We asked whether participants felt that 'drivers should not be able to speak on the phone at all - even if it is hands free'. Most participants disagreed with this statement. Those who disagreed thought that speaking to a passenger was just as distracting as speaking on the phone. Those who agreed with the statement indicated that speaking to someone on the phone is distracting, whether the driver is physically holding the telephone or not.
"Hands-free is easier since you don't have to hold the phone but after you have finished the call you are still thinking about the conversation - so still distracted." (Driver, 16 to 19 year old male, urban)
5.30 General views towards use of mobile phones while driving are covered in more detail in Chapter 3 (paragraph 3.64).
Parental and Passenger Responsibility
Parental responsibility
5.31 Participants were asked the extent to which they agreed with the statement 'parents have a responsibility to influence how young people use their cars.' The majority of the participants felt that parents did have a responsibility. But parents were rarely mentioned spontaneously - only when prompted. Participants did not have much to say about parental responsibility.
"I drive differently when my mum and dad are in the car. I don't want to be driving like an idiot and I don't want to kill them, or get moaned at." (Driver, 20 to 25 year old male, urban)
Passenger responsibility
5.32 Both drivers and non-drivers were asked whether they felt 'passengers have a responsibility to tell people if they are going too fast'. Most participants agreed that passengers do have a responsibility. As indicated in the previous chapter, we saw that most participants would say something to a driver if they felt uncomfortable travelling in the car.
5.33 Drivers and non-drivers agreed that passengers do have some responsibility for their behaviour in the car, and to speak up if they do not feel safe.
"The way I see it, if they're over 14 then it's their problem, not mine. It's their responsibility (to put on their seatbelt)." (Driver, 20 to 25 year old male, rural)
"If they're speeding it's still your life that's in danger." (Driver, 16 to 19 year old male, rural)
"It is your responsibility to say something if you feel unsafe." (Driver, 20 to 25 year old female, rural)
5.34 However, the drivers in the groups tended to argue that drivers have the greater responsibility.
"I would definitely listen if they were right. If I was only doing 50 or 60 miles I wouldn't listen. I would probably wait for a second warning." (Driver, 20 to 25 year old female, rural)
5.35 Views were varied regarding the balance of responsibility between passengers and drivers. Drivers mentioned that they always felt a strong sense of responsibility for passengers when they were children, or younger siblings. Many young male drivers mentioned that they felt more responsibility towards their girlfriends than male friends - meaning that they would be more likely to encourage seatbelt use or drive more slowly.
"I would always drive slower if I have my younger brother or sister in the car." (Driver, 20 to 25 year old female, rural)
5.36 But ultimately, participants agreed that drivers had the overall responsibility for ensuring safety of the driver and passengers.
"Part of passing your test is accepting responsibility to do the right thing." (Driver, 16 to 19 year old male, urban)
"The passenger has the right to say something, but not the responsibility if there is an accident." (Non-driver, 16 to 19 year old male, urban)
Government Responsibilities
Overall responsibility for safe roads
5.37 Participants were asked if they agreed with the statement 'the Government should be responsible for making roads safer - not drivers or passengers'. The vast majority of participants did not agree with this statement. Participants felt that everyone was responsible for making roads safer, particularly drivers and passengers.
5.38 Many participants felt that the Government was responsible for 'setting the limits' and putting laws in place, but it was up to drivers to adhere to them.
"The government can put the law in place, but unless people follow them there is no meaning." (Driver, 16 to 19 year old female, urban)
"I think it is a bit of both. The Government are aware of the laws, but they are not behind the wheel. It's up to the driver at the end of the day." (Driver, 20 to 25 year old male, urban)
5.39 One of the younger male groups discussed the physical conditions of the road as being the responsibility of the Government. This group specifically mentioned the A9 road, which was described as being "notoriously dangerous".
"Government need to make it better to drive on, but it's the people that cause the accidents." (Driver, 16 to 19 year old, male, rural)
Setting speed limits
5.40 Participants were asked whether 'it should be up to the driver to decide how fast is safe, not the government.' Most participants disagreed, but almost a third agreed. Drivers and young men (particularly the 20 to 25 year olds) were much more likely to agree with this than non-drivers.
"I say bring in the autobahn. Between midnight and 5am the motorways should be de-restricted." (Driver, 20 to 25 year old, male, rural)
Other Key Issues
5.41 In discussing rights and responsibilities, a number of other issues arose. A key theme emerging was the responsibility of passengers to wear their seatbelts to avoid injury to the driver, or other passengers.
"It's selfish not to wear your seatbelt as you could kill someone else in front." (Driver, 20 to 25 year old female, rural)
"If someone isn't wearing a belt they're likely to kill you in an accident - they're putting you at risk." (Non-driver, 16 to 19 year old male, urban)
5.42 Many participants suggested they had been influenced by television advertisements showing what could happen if passengers in the back seat did not wear their seatbelt.
5.43 Others mentioned the rights of younger drivers in relation to older drivers - who were seen by many participants as dangerous drivers at risk of an accident. Some participants felt that if there were stricter laws for young or new drivers, these should be matched with stricter regulation of older drivers.
"There should be stricter laws for younger drivers, but also for older ones. Maybe when you're over 60." (Non-driver, 20 to 25 year old male, urban)
"Older drivers are not up to date with the rules. They think they are better but can be more ignorant." (Non-driver, 16 to 19 year old male, urban)
5.44 There was a strong feeling from many participants that new drivers should be good drivers - as they have just passed their driving test and are fully aware of all of the laws. Participants did believe that experience led to better driving, but also felt that as people got older they could lose touch with good driving behaviour and become less aware of the law. This meant that most participants felt that the rights and responsibilities of new drivers should not be restricted without good reason and clear evidence.
Summary - Rights and Responsibilities
- The focus groups explored young peoples' views towards rights and responsibilities as a driver and passenger. Participants were asked to consider a series of statements about rights and responsibilities, and discuss their views on these.
- Overall, participants strongly resisted suggestions of greater restrictions on younger drivers. They argued that these would be discriminatory and restrictive. There were also concerns that if younger drivers were restricted they would not gain the necessary experience to become a better driver.
- Participants did not see why young drivers - and not all new drivers - should be targeted. Only one participant said that he could see the rationale for restrictions on young drivers, as young people were more likely to be involved in accidents.
- Participants did spontaneously suggest some potential measures to increase the safety of new drivers, including:
- making Pass Plus mandatory or incorporating elements into the driving test;
- restricting young people from driving cars above a certain engine size.
- There was particularly strong resistance to measures which restrict how young people are able to use their cars, including:
- restricting young people from driving at night; or
- introducing stricter laws on carrying passengers for young people.
- These measures were seen as impractical, unnecessary and too difficult to regulate. Participants also mentioned that this type of restriction could cause them real difficulty at work and in their home and social lives.
- The participants felt that drivers had ultimate responsibility for ensuring safety, although:
- passengers had a responsibility to wear seatbelts and speak up if they felt uncomfortable; and
- parents had a responsibility to influence how young people behave.
- Participants felt that the Government had a responsibility for setting limits for safe driving behaviour and ensuring the physical condition of the roads. But this responsibility was shared by drivers and passengers who must adhere to the rules.
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