The new charges of casing death by careless or inconsiderate driving and causing death when driving without a license, without insurance or while disqualified come into force on Monday.

The new laws follow concerns that the existing provisions do not adequately allow the fatal consequences of careless driving when it occurs, to be taken into account by the courts.   

Those who cause death by careless driving will now face a mandatory minimum period of 12 months disqualification.  Summary conviction will lead to a maximum of 12 months in custody or a fine of up to £10,000 or both.  Conviction on indictment will lead to a maximum of five years in custody or a fine or both. 

Driving while unlicensed, disqualified or uninsured will carry a mandatory minimum period of 12 months disqualification.  Summary conviction will lead to a maximum of 12 months in custody or a fine up to £10,000 or both.  Conviction on indictment will lead to up to 2 years in custody or a fine or both.   

Justice Secretary Kenny MacAskill welcomed the reforms.  He said: "We welcome the UK Government's decision to finally bring these new offences into force. They will help ensure that our courts are able to take full account of the sometimes fatal consequences of acts of careless driving when making sentencing decisions.

"Road traffic law is reserved to the Westminster Parliament and, as a result, is the responsibility of the UK Government. However we have kept up the pressure on our UK counterparts, calling for the new laws to be commenced as soon as possible, and they have now responded."

MacAskill is also pressing the UK Government to lower drink driving limits and introduce random breath testing.  He has written to the Secretary of State for Transport calling for the drink driving limit to be lowered from 80mg to 50mg of alcohol per 100ml of blood and to give the police the power to carry out random breath testing. 

He added: "The current limit simply leaves too much room for confusion and sends out the wrong message. A lower limit sends out a clear message that driving after you've had a drink isn't acceptable - it's dangerous. This change would also bring us into line with the rest of Europe. 

"There is wide-ranging support for legislation to reduce the drink drive limit in Scotland, but this is a matter reserved to Westminster and I believe they have been stalling for too long."

The British Medical Association (BMA) in Scotland also supports a reduction in drink driving limits and has also called for the introduction of random roadside breath tests.

Dr Sally Winning, a member of the BMA's Scottish Council, said:

"There is evidence that driving is impaired with a Blood Alcohol Concentration (BAC) level over 50mg/100ml and it's estimated that around 65 lives could be saved in the UK by lowering the drink drive limit. 

"Legislating to reduce the drink drive limit is a matter reserved to Westminster and they have been stalling on this issue for nearly 10 years. That is why the BMA welcomes the Scottish Government's efforts to raise this issue at Westminster and we would call on MPs from Scotland to exert more pressure on those with responsibility for road safety to take action now and reduce the limit from 80 to no more than 50mg."