What is Careless Driving?
Road Traffic Act 1988 Section 3
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.
Legal Test
Road Traffic Act 1988 Section 3ZA
- 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.
- In determining what would be expected of a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.
- A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving.
Penalties
Road Traffic (Offenders) Act 1988 Schedule 2
The range of penalties is 3-9 penalty points or a period of disqualification. There is no limit to the potential period of disqualification. There will also be a financial penalty up to £2500.
Examples of driving without due care and attention
- Misjudging an overtake
- Incorrect signalling
- Poor lane discipline
- Driving at excessive speed for the road conditions
- Failure to observe traffic signals
- Driving while using an electronic device
Examples of driving without reasonable consideration for other road users
- Tailgating
- Undertaking
- Driving with full beam headlights in face of oncoming traffic
- Deliberately splashing pedestrians with standing water
Legal Advice in Scotland
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- We are invited, founder members of the Association of Motor Offence Lawyers.
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Disclaimer
The information provided on this website is true and accurate to the best of our knowledge and belief. The information is intended to provide a basis for understanding the legislation. The information provided is not a substitute for professional legal advice and should not be relied upon without first seeking professional legal advice from a registered road traffic specialist. References are provided for informational purposes only and do not constitute endorsements of any websites or other sources.