Law and Rights
On 16th August, careless driving (Road Traffic Act 1988 s.3) became an offence for which a fixed penalty notice can be issued - Government announcement. The fixed penalty for careless driving is now £100 with 3 points on the driver?s licence. The most serious examples will continue to go through court, where offenders may face higher penalties. The police will also be able to offer educational training as an alternative to endorsement.
Section 3 states:
Careless, and inconsiderate, driving: If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.
Section 3ZA amplifies the meaning of careless driving. A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.
Careless and Inconsiderate driving cover a multitude of possibilities and it remains to be seen whether the power to issue fixed penalty notices will be used sensibly or whether numerous notices will be issued for quite minor alleged infractions.
What the competent and careful driver (an objective test) would be expected to do at a particular time depends on all the circumstances and the Highway Code may be relied upon (in court if necessary) by way of assistance - see Road Traffic Act 1988 s.38(7).
'Tailgating' (not defined anywhere in the law) is often an example of careless driving. Where vehicles are moving at speed (as opposed to a slow moving traffic queue) it is clearly incumbent on each driver not to drive closely to the vehicle in front. To do so might be seen by the courts as driving 'bordering on the dangerous.' Sentencing Guidelines for careless driving are at page 117 of the Magistrates' Courts guidance. If driving is viewed as 'bordering on the dangerous' then the court would consider disqualifying the driver in addition to any fine (plus surcharge and costs).
The changes follow a consultation held in the summer of 2012. The consultation noted: The current process of charging motorists for a careless driving offence is overly bureaucratic. It involves a heavy burden of paperwork, which is resource intensive for the police and court services, particularly for lower level offending. The Association of Police Chief Officers (ACPO) have indicated that the high resource costs deter the Police from charging motorists with lower level instances of careless driving in the first place.
A Table of Fixed Penalties is also available. Fixed Penalties have been increased for a considerable range of offences including use of mobile phones when driving (now £100) and speeding (now £100).
Traffic Sign Quiz
Practice your driving theory test - a useful exercise even for qualified drivers!!
- Supreme Court ~ Road Traffic Act 1988 S3zb ~ Uninsured Driving ~ Causing Death
UPDATE: The Supreme Court has allowed Mr Hughes' appeal. There must be something to be properly criticised in the defendant's driving - R v Hughes [2013] UKSC 56. There mere fact of being on the road (when uninsured etc) is not enough...
- Driving Resulting In Death
The excellent Crimeline has drawn attention to two recent decisions of the Court of Appeal (Criminal Division) concerning causing death by dangerous driving and causing death by careless driving. Both were appeals against sentence. ...
- Finger Pointing
Steve Coogan not guilty of speeding at Hove seafront declares the BBC 16th July. In fact, it appears that he was found not guilty of the offence of failing to supply information under section 172 of the Road Traffic Act 1988. This is not a speeding...
- Uninsured Drivers Beware
It is not possible to say exactly how many uninsured drivers are on the roads. Nevertheless, the number is very substantial. In July 2010, The Independent drew attention to the fact that premiums were rising and that this might be leading...
- Police Powers No. 1
In recent times, the Police have acquired some very remarkable and even draconian powers. Let's face it, people driving vehicles without a driving licence or insurance are a public danger and, in 2005, Parliament decided to take tougher action...
Law and Rights
Driving ~ Fixed Penalties
Section 3 states:
Careless, and inconsiderate, driving: If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.
Section 3ZA amplifies the meaning of careless driving. A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.
Careless and Inconsiderate driving cover a multitude of possibilities and it remains to be seen whether the power to issue fixed penalty notices will be used sensibly or whether numerous notices will be issued for quite minor alleged infractions.
What the competent and careful driver (an objective test) would be expected to do at a particular time depends on all the circumstances and the Highway Code may be relied upon (in court if necessary) by way of assistance - see Road Traffic Act 1988 s.38(7).
'Tailgating' (not defined anywhere in the law) is often an example of careless driving. Where vehicles are moving at speed (as opposed to a slow moving traffic queue) it is clearly incumbent on each driver not to drive closely to the vehicle in front. To do so might be seen by the courts as driving 'bordering on the dangerous.' Sentencing Guidelines for careless driving are at page 117 of the Magistrates' Courts guidance. If driving is viewed as 'bordering on the dangerous' then the court would consider disqualifying the driver in addition to any fine (plus surcharge and costs).
The changes follow a consultation held in the summer of 2012. The consultation noted: The current process of charging motorists for a careless driving offence is overly bureaucratic. It involves a heavy burden of paperwork, which is resource intensive for the police and court services, particularly for lower level offending. The Association of Police Chief Officers (ACPO) have indicated that the high resource costs deter the Police from charging motorists with lower level instances of careless driving in the first place.
A Table of Fixed Penalties is also available. Fixed Penalties have been increased for a considerable range of offences including use of mobile phones when driving (now £100) and speeding (now £100).
Traffic Sign Quiz
Practice your driving theory test - a useful exercise even for qualified drivers!!
- Supreme Court ~ Road Traffic Act 1988 S3zb ~ Uninsured Driving ~ Causing Death
UPDATE: The Supreme Court has allowed Mr Hughes' appeal. There must be something to be properly criticised in the defendant's driving - R v Hughes [2013] UKSC 56. There mere fact of being on the road (when uninsured etc) is not enough...
- Driving Resulting In Death
The excellent Crimeline has drawn attention to two recent decisions of the Court of Appeal (Criminal Division) concerning causing death by dangerous driving and causing death by careless driving. Both were appeals against sentence. ...
- Finger Pointing
Steve Coogan not guilty of speeding at Hove seafront declares the BBC 16th July. In fact, it appears that he was found not guilty of the offence of failing to supply information under section 172 of the Road Traffic Act 1988. This is not a speeding...
- Uninsured Drivers Beware
It is not possible to say exactly how many uninsured drivers are on the roads. Nevertheless, the number is very substantial. In July 2010, The Independent drew attention to the fact that premiums were rising and that this might be leading...
- Police Powers No. 1
In recent times, the Police have acquired some very remarkable and even draconian powers. Let's face it, people driving vehicles without a driving licence or insurance are a public danger and, in 2005, Parliament decided to take tougher action...