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UK: New UK law provides stronger penalties, easier prosecution for aiming a laser at a vehicle

On May 10 2018, the Laser Misuse (Vehicles) Act gained Royal Assent. The new law makes it an an offense to shine or direct 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 law applies to England, Wales, Scotland and Northern Ireland.

The penalties for violations are up to five years imprisonment and an unlimited fine; these penalties take effect starting July 10 2018.

The law applies to laser beams aimed at aircraft, motor vehicles, trains, ships, hovercraft and other vehicles. A vehicle does not have to be moving at the time of offense; if the engine or motor is running then the law applies. Another provision makes it an offense to shine or direct a laser beam towards an air traffic facility, or a person providing air traffic services, under the condition where the beam dazzles or distracts, or is likely to dazzle or distract a person providing air traffic services.

The offense is a strict liability offense, meaning that prosecutors do not need to prove that the person shining the laser intended to endanger the vehicle or air traffic facility/controller. There are two defenses allowed: 1) the person had a reasonable excuse for shining the laser beam, or 2) the person did not intend to shine a laser at the vehicle/ATF/controller and exercised all due diligence to avoid doing so.

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UK: Laser pen imports to be more restrictive

According to a January 8 2018 story in The Telegraph, “additional support will be offered to local authority port teams and border officials in order to help identify and confiscate the high powered lasers” that are said to be responsible for many of the over 1,200 incidents in 2017 when lasers were aimed at aircraft in Britain.

In addition, “new measures are also being introduced to tackle the sale of unsafe pointers, including more stringent testing.”

The move was supported by the British Air Line Pilots Association (BALPA).

It may help reduce the number of laser pen illuminations of trains (578 incidents were reported between April 2011 and November 2017) and eye injuries (more than 150 reported since 2013, mainly involving children).

Consumer Minister Margot James said the ministry is “going further than ever before” to police the sale of unsafe lasers.

The Argus quoted Professor John O’Hagan, of Public Health England’s laser and optical radiation dosimetry group.He said: “Over time we have become increasingly concerned about the dangers of growing numbers of unlabelled and incorrectly labelled high power laser pointers being bought by the public. It is tragic that we continue to see eye injuries, especially in children. Laser safety experts at Public Health England have worked closely with local authorities in stopping large numbers of these lasers reaching UK consumers. The extra protections proposed should help even further - if you have a laser and you don’t need it, remove the batteries and get rid of it.”

From
The Telegraph and The Argus. The stories seem to be a result of the U.K. government publishing, on January 8 2018, a response to their fall 2017 Call for Evidence. The government response included the increased import enforcement actions.

See also the December 2017 news of a new U.K. law that provides stronger penalties for aiming at aircraft. The new import/consumer initiative seems to be part of the government thrust against illegal and overpowered laser pens.

UK: New UK law to provide stronger penalties, easier prosecution for aiming a laser at a vehicle

The following press release is from the U.K. Department of Transport, published December 20 2017. The Laser Misuse (Vehicles) Bill is a pending law so as of this date, it is not in force. (UPDATED January 8 2018 - The bill will be read on January 9 2018 in the House of Lords. Thanks to John O’Hagan for this update.) (UPDATED May 10 2018 - The bill gained Royal Assent so now is a law, the Laser Misuse (Vehicles) Act. The act’s penalties take effect starting July 10 2018)

The text of the bill is here. A House of Lords Summary Briefing, giving some background, is here.


Tough new penalties for misuse of lasers

People who target transport operators with laser devices could be jailed for up to 5 years under new laws designed to protect the public.

The Laser Misuse (Vehicles) Bill, which was published today (20 December 2017), will also expand the list of vehicles, beyond just planes, which it is an offence to target with lasers.

Drivers of trains and buses, captains of boats and even pilots of hovercraft will be among those protected by the new legislation.

The bill will make it easier to prosecute offenders by removing the need to prove an intention to endanger a vehicle.

And it will remove the cap on the amount offenders can be fined – which is currently limited to £2,500 – paving the way for substantial sanctions. Fines could be issued in isolation or alongside a prison sentence.

The police will also be given additional powers to catch those responsible for the misuse of lasers.

Aviation Minister, Baroness Sugg said:

     “Lasers can dazzle, distract or blind those in control of a vehicle, with serious and potentially even fatal consequences.”

     “The government is determined to protect pilots, captains, drivers and their passengers and take action against those who threaten their safety.”

Alongside their existing powers of arrest and the ability to search a person once arrested, officers will no longer need to establish proof of intention endanger to a vehicle, aircraft or vessel, making it easier to prosecute swiftly. It will be an offence to shine or direct a laser towards a vehicle if it dazzles or distracts the operator, if done deliberately or if reasonable precautions to avoid doing so are not taken.
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US: New Michigan law targets directed energy aimed at aircraft, trains

A new law in Michigan will take aim at perpetrators who aim laser pointers at aircraft. The penalty is up to 5 years in state prison and a fine of up to $10,000. The bill was signed by Michigan Governor Rick Snyder May 9 2017 and will take effect 90 days later.

The bill was introduced February 27 2017 after a number of laser pointer incidents in the state.

Although there is a similar federal law (5 years in federal prison and fine up to $250,000), the legislators who introduced the Michigan bill said the state can now prosecute, whether or not federal officials choose to prosecute. Prior to passage of the law, state or local law enforcement could not arrest laser perpetrators unless they committed a separate offense under state or local law.

The bill makes it illegal to intentionally aim “a beam of directed energy emitted from a directed energy device at an aircraft or into the path of an aircraft or a moving train.” The bill defines “directed energy device” as “any device that emits highly focused energy and is capable of transferring that energy to a target to damage or interfere with its operation. The energy from a directed energy device would include the following forms of energy:

-- Electromagnetic radiation, including radio frequency, microwave, lasers, and masers.
-- Particles with mass, in particle-beam weapons and devices.
-- Sound, in sonic weapons and devices.”

As with the federal law, there are exceptions in the bill for FAA and DOD authorized users, and for persons using a laser emergency signaling device to send an emergency distress signal.

There were actually two bills introduced by Republican state representatives Laura Cox and Tom Barrett. House Bill 4063 made it a crime to aim directed energy at aircraft or a moving train. HB 4064 also adds the laser provisions to sentencing guidelines.

HB 4063 originally passed the House March 16 2017 by a vote of 107-1. An amended version passed the Senate April 25, 111-37 and passed the House May 2, 105-2. It was sent to the Governor on May 4.

From the Detroit News (March 16 story, May 2 story), U.S. News and World Report, and the Michigan legislature website page for HB 4063.

UK: New law proposes prison for aiming laser pens at aircraft, trains, cars, other vehicles

The U.K. Department for Transport on February 5 2017 said it would propose a new law making it illegal to shine laser light towards an aircraft, train, or road vehicle.

It is more stringent than the current law which 1) only applies to aiming at aircraft, 2) requires prosecutors to prove that the perpetrator endangered the aircraft and 3) has a fine of up to £2,500 (USD $3,112).

The new law will 1) apply to a wider variety of transport modes including automobiles, 2) require prosecutors only to prove that the laser was directed towards the transport vehicle and 3) will also add the prospect of prison time to the potential punishment. The exact new fines and prison terms were not stated in the DfT announcement.
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