The Crown Prosecution Service (CPS) has published a new driving offences fact sheet in order to clarify what constitutes ‘dangerous driving’ and ‘careless driving’. The two categories apply to driving incidents that involve deaths and outline how the CPS system determines whether those responsible are guilty of ‘dangerous driving’ or ‘careless driving’.
Factors that deem a driver to be ‘dangerous’
An individual is considered to be a danger on the road when:
* The way they drive falls far below the minimum acceptable standard expected of a competent and careful driver; and
* It would be obvious to a competent and careful driver that driving in that way would be dangerous
Some recent court cases that provide an example of factors considered to be dangerous driving offences include:
* Racing, going too fast, or driving aggressively;
* Total disregard of traffic lights, road signs or warnings from passengers;
* Overtaking dangerously;
* Driving under the influence of drink or drugs, including prescription drugs;
* Driving when unfit, including having an injury, being unable to see clearly, not taking prescribed drugs, or being sleepy;
* Knowing the vehicle has a dangerous fault or an unsafe load;
* The driver being avoidably and dangerously distracted, for example by:
o Using a hand-held phone or other equipment
o Reading, or looking at a map
o Talking to and looking at a passenger
o Lighting a cigarette, changing a CD or tape, tuning the radio
Source – https://www.cps.gov.uk/
Factors that deem a driver to be ‘careless’ or ‘inconsiderate’
An individual is considered a ‘careless’ driver when:
The way they drive falls below the minimum acceptable standard expected of a competent and careful driver.
Some examples of careless driving are:
* Overtaking on the inside;
* Driving too close to another vehicle;
* Driving through a red light by mistake;
* Turning into the path of another vehicle;
* The driver being avoidably distracted by tuning the radio, lighting a cigarette etc.
Examples of inconsiderate driving include:
* Flashing lights to force other drivers to give way;
* Misusing lanes to gain advantage over other drivers;
* Unnecessarily staying in an overtaking lane;
* Unnecessarily slow driving or braking;
* Dazzling other drivers with un-dipped headlights
Source – https://www.cps.gov.uk/
The sentence structure
Sentencing for offences is determined by which of the following driving offences have been committed:
* Causing death by careless driving when under the influence of drink or drugs (Section 3A Road Traffic Act (RTA) 1988) Penalty: 1 to 14 years in prison, an unlimited fine, or both; and disqualified for a minimum of two years;
* Causing death by dangerous driving (Section 1 RTA 1988) Penalty: 1 to 14 years in prison, and disqualified for a minimum of two years;
* Causing death by careless, or inconsiderate, driving (Section 20 Road Safety Act 2006) Penalty: Up to 5 years in prison, and disqualified for a minimum of one year;
* Causing death by driving: unlicensed, disqualified, uninsured drivers (Section 21, Road Safety Act 2006) Penalty: Up to 2 years in prison, an unlimited fine, or both; and disqualified for a minimum of one year;
* Murder or manslaughter Penalty: Up to life-imprisonment, and disqualified for a minimum of two years.
Source – https://www.cps.gov.uk/
Charges against offenders are enforced by the CPS, providing that there is sufficient evidence to proceed with a case.
Tags: Car Legislation, Driving Fines, Driving Laws, Driving Legislation, Driving Penalties, Driving Penalty Points, UK Driving Laws
