Driving Offences Flashcards
For driving to be dangerous it must be …
3 things
Driving must fall far below that expected of a careful, competent driver
To a careful, competent driver it would be obvious that their driving is dangerous
Must be obvious to a careful, competent driver that driving the vehicle in its current state would be dangerous - road worthiness
And that driver knew of dangerous condition
This can depend on
-anything attached to or carried on or in it
- the manner it is attached or carried
Relates to manner of driving not state of mind or intent i.e. accidentally pressing accelerator is not a defence
Must be judged on facts known to driver i.e. knowledge of risk of a load falling off vehicle
What is the definition of causing death by dangerous driving?
A person who causes death by another person by driving an MPV dangerously on a road or other public place is guilty of an offence
Section 1 road traffic act 1985
TOI max 14 years
What is the definition of section 1A, causing serious bodily harm by dangerous driving?
A person who causes serious bodily harm to another by driving MPV dangerously on a road and public place is guilty of an offence
5 years TOI
What is the definition of section 2, dangerous driving?
A person who drives a MPV in a road or public place is guilty of an offence
2 years TOI
No collision needs to occur
Danger of injury to any person or serious damage to property
What is the meaning of careless or inconsiderate driving?
A person is to be regarded as driving without due care and attention if the way the person is driving falls below that expected of a careful and competent driver
A person is to be regarded as driving without reasonable consideration and other persons would be inconvenienced by another’s driving
What is the definition of causing death by careless or inconsiderate driving? Section 2B
A person who causes the death of another by driving a MPV on a road or public place
without due care and attention or
without reasonable consideration
for other persons using the road or public place
What is definition of causing serious bodily harm by careless or inconsiderate driving ?
Section 2C
A person causes serious bodily harm to another
By driving an MPV on a road/public place without due care and attention or
Without reasonable consideration
For other persons using the road or place
What is the definition of careless or inconsiderate driving?
Section 3
A person who drives a MPV on a road or public place
Without due care and attention
Or reasonable consideration for other persons using the road or place
For reasonable consideration person must be inconvenienced by the driving
For due care must prove driver dropped below standard of driving and that they did so voluntarily - no need to prove knowledge or awareness by driver that they fell below standard
What is the definition of causing death by careless/inconsiderate driving whilst under influence of drink or drugs?
Section 3A
A person is guilty if causes death of another
Drives MPV on a road or public place
Without due care and attention or without reasonable consideration for other persons using road or place and
-unfit to drive
- over prescribed limit breath/blood/urine
- fails to provide sample within 18 hours
What is the definition of causing death by driving and at time unlicensed/disqualified/uninsured?
Section 3B
A person is guilty of person causes death of another, by driving motor vehicle on a road, and at time the person is
Disqualified
Uninsured
Unlicensed
For due care and attention what must be considered?
Think what would be expected of a reasonable, prudent and competent driver
