Japan Govt Proposes Numerical Criteria for Dangerous Driving

Tokyo, Dec. 9 (Jiji Press)–Japan’s Justice Ministry on Tuesday proposed numerical criteria for dangerous driving offenses, including on vehicle velocities past speed limits and blood alcohol levels, under a planned revision to the law on punishment for such acts. The ministry submitted the draft law revision to a subcommittee of the Legislative Council, which advises the justice minister. The government aims to introduce it at next year’s ordinary session of parliament. Numerical criteria are expected to remove ambiguity in standards for what constitutes dangerous driving resulting in death or injury, making it easier to apply the charge and eliminating variance in court decisions. The current law defines the requirement for speeding violations as “an act of driving at such high speed that it is exceedingly difficult for the person to control the motor vehicle” and drunk driving as “an act of driving a motor vehicle under the influence of alcohol or drugs making it difficult for the person to drive safely.” The ambiguity of the definitions led to court verdicts of negligent driving resulting in death or injury, which carries a lighter punishment, even when the perpetrator drove far beyond the speed limit or under the influence. Families of victims have been calling for a revision. Under the draft revision, the dangerous driving offense will apply when drivers exceed the speed limit by 60 kilometers per hour on expressways or other roads where limits are set at more than 60 kph. It will also apply when they exceed the limit by 50 kph on ordinary roads with speed limits of up to 60 kph. It also sets the criteria for alcohol levels at 0.5 milligram or more per liter of breath tested, or 1.0 milligram per milliliter of blood. The standard far exceeds the 0.15 milligram threshold for the drunken driving offense and the 0.25 milligram standard for driver’s license revocation. Meanwhile, the draft revision retains a provision that allows perpetrators to be charged with dangerous driving even if their velocities or alcohol levels are below the numerical standards, depending on road conditions and other factors. Additionally, the proposed revision newly included drifting, in which the driver intentionally causes a loss of wheel traction to allow the vehicle to skid sideways, and wheelies, in which the front wheels are raised off the ground, in offenses punishable under the law. END [Copyright The Jiji Press, Ltd.]