Malicious driving called "aori unten" in Japanese is a dangerous act that can result in serious accidents. It is hoped that such reckless driving practices can be eliminated in line with the introduction of stricter punishments.
The revised Road Traffic Law, which establishes reckless driving as a crime, has come into force. The target of the legal revision is 10 types of driving behavior, including getting extremely close to another car and suddenly applying the brakes, both of which intend to obstruct other vehicles. The law applies even when such behavior does not cause an accident.
The law imposes a maximum of five years in prison or a fine of up to 1 million yen, as strict as the penalties for drunk driving. If a driver violates the law, their license will be immediately revoked and they will not be able to regain it for up to three years.
Until recently, such driving has been treated as a violation of the obligation under the Road Traffic Law to maintain distance between cars and as an assault under the Penal Code. However, it has been pointed out that the punishment is too light despite the danger those practices can pose. It is significant that reckless drivers can be punished by a law directly aimed at these acts.
When a rule severely punishing drunk driving was introduced, the number of accidents decreased drastically as the public became more aware of the problem, partly due to thorough police crackdowns. Drivers' awareness must also be raised on this other issue to prevent accidents.
The law has also been revised to allow the charge of dangerous driving resulting in death or injury to be applied across a wider range, which makes reckless drivers subject to the heavier penalty. The revision was triggered by an accident in 2017 in which a couple died after being forced to stop their car on the Tomei Expressway in Kanagawa Prefecture.
This means that in addition to the action itself, the outcome of the action will be strictly scrutinized by the law. It is expected to help prevent tragic accidents.
The problem is how to prove that the driver intentionally drove recklessly. Since it involves criminal penalties and heavy punishments, it is necessary to draw a strict line between reckless driving and the type of driving generally permitted.
In addition to the testimonies of the parties concerned, confirmation based on objective evidence such as smartphone images will be required. The police will be asked to apply the law appropriately.
The key is the spread of dashcams. The Okayama prefectural police have set up a website on which video footage of reckless driving can be posted, leading to that kind of behavior being dealt with. It is expected the central and local governments will promote the provision of subsidies to cover the costs of these recorders.
According to an analysis by the National Police Agency of 133 reckless driving cases in 2018 and 2019, the percentage of young offenders, including those in their teens, was high. Many of them claimed that the victim's side was responsible, saying that their driving was being disrupted.
How do you control anger while driving? It is essential to improve instruction through classes when obtaining and renewing driver's licenses. It is also important to teach drivers how to avoid becoming the targets of reckless driving, such as not changing lanes suddenly.
-- The original Japanese article appeared in The Yomiuri Shimbun on July 3, 2020.
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