The Laser Misuse (Vehicles) Bill [HL] was introduced in the
House of Lords on 19 December 2019, and is scheduled to have
its second reading on 9 January 2018. The Bill would introduce
an offence of shining or directing a laser beam towards a
vehicle which dazzles or distracts, or is likely to dazzle or
distract the person with control of the vehicle. The offence
would be a strict liability offence, and the Bill would provide
persons accused of the offence with a defence that either they
had a reasonable excuse for shining the laser beam towards a
vehicle, or that they did not intend to shine a laser at a
vehicle and exercised all due diligence to avoid doing so. The
Bill would extend to England, Wales, Scotland and Northern
Ireland.
Figures for 2016, show that the Civil Aviation Authority
received reports of 1,258 incidents in which a laser was shone
at an aircraft in the UK. Concerns have also been raised about
laser attacks on other forms of transport and the ability of
some stronger lasers to cause eye injuries. The Government had
initially included provisions relating to the new offence in
the Vehicle Technology and Aviation Bill in the 2016–17
session, although the Bill fell after committee stage when a
general election was called in April 2017.
Current legislation makes it an offence to direct or shine any
light at any aircraft in flight so as to dazzle or distract the
pilot of the aircraft. Anyone found guilty of this offence
could be liable to a fine, up to a maximum of £2,500. If intent
to endanger an aircraft can be proved, a suspect can be tried
under the Aviation and Safety Act 1982 for offences against the
safety of aircraft, including damaging or endangering the
safety of aircraft, which carries a maximum penalty of five
years’ imprisonment. The Laser Misuse (Vehicles) Bill
seeks to extend the offence to other vehicles, such as trains,
trams and ships, remove the cap on the amount offenders can be
fined, and make it easier to prosecute offenders by removing
the need to prove an intention to endanger a vehicle.
In August 2017, the Department for Business, Energy and
Industrial Strategy issued a call for evidence on the laser
market, and potential uses for laser pointers. The Government
outlined potential options under consideration, including
licensing of laser pointers, restrictions on advertising and
awareness raising. The consultation closed on 6 October 2017;
the Department is due to respond formally in 2018.
