Lesson 4 - Dangerous and careless driving Flashcards
Why do peoples driving standards fall below that which is expected?
Drivers mood Personality Experience Vehicle condition Road/weather conditions.
What are the laws surrounding dangerous driving?
Creates and offence for any person to drive a mechanically propelled vehicle on a road or other public place dangerously.
S2
“if a competent and carful driver would consider:-
- That the driving falls far below his of her standards, and
- Would consider the driving to be dangerous, or
- That the current state of the vehicle being driven is dangerous”
Dangerous means - injury to a person or serious damage to property
Examples of dangerous driving mate
Driving through a built up area at greatly excessive speeds
Driving through a level crossing when barriers are down
Driving a vehicle that is in such a condition, mechanically, that it should not be used on the road e.g. bald tired, bad breaks
What are the laws surrounding careless driving (s3)
S3 creates an offence for any person to drive a MPV on a road or public place:
- Without due care and attention
- Or without reasonable consideration for other people using the road or public place
Careless driving - “Without due car and attention” WHAT DOES IT MEAN
The way they drive falls below what would be expected from a competent and careful driver.
Examples;
-Failing to judge correctly the distance, speed or distances between other vehicles
- After signalling, failing to ensure that it has been seen or understood before manoeuvring.
Careless driving - “reasonable consideration” WHAT DOES IT MEAN
if persons are inconvenienced by their driving
Examples:
- Driving very slowly on narrow roads and not allowing other vehicles to pass
- Unnecessary driving through puddles, drenching pedestrians
- Driving a vehicle in a manner that, although not dangerous, frightens passengers
Case law for Careless driving
Driver of a motor lorry knowing that he was being overtaken by a motor cycle, signalled that he was about to turn to the right but failed to make sure that the cyclist saw his signal.
Cyclist did not notice and a Collison occurred.
Lorry driver convicted.
What are the laws in relation to “Causing death by dangerous driving”
S1 RTA refers to incidents where death is caused by dangerous driving
IT IS AN OFFENCE for any person to cause death of a person by driving a mechanically propelled vehicle dangerously on a road or public place
What are the laws in relation to “Causing death by careless or inconsiderate driving”
S2B RTA creates an offence for any person to cause the death of another person 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 place
What are the laws in relation to “Causing death by careless driving when under the influence of drink or drugs”
s3 makes it an offence when a person causes the death of another person by driving an MPV on a road or public place without due care and attention ,OR without reasonable considerations for those persons using the road or place AND
- they are at the time of driving unfit to drive through drink or drugs
- they have consumed so much alcohol that the proportion of it in their breath, blood or urine at the time exceeds the prescribed limit
- they are within 18 hours after that time, required to provide a specimen, but fail to provide it without reasonable excuse.
- they are required by a constable to give their permission for a lab test of a specimen of blood but fail to do so without reasonable excuse - then they commit an offence.
What are the laws in relation to “causing death by driving whilst disqualified, unlicensed or uninsured”
s3ZB RTA creates an offence for any person to cause the death of another person by driving a MOTOR VEHICLE on a road and, at the time when they are driving they don’t have a licence or are uninsured or unsecured against third party insurance.
SZC is the same but for driving whilst disqualified.
What are alternatives to prosecution?
PF may divert an offender from prosecution by offering them the opportunity of participating in the DRIVER IMPROVEMENT SCHEME.
This includes theory, driver assessment and practical instruction.
They must agree to abide by the terms of the course and pay a fee. And also attending and fulfilling the course criteria within 6 weeks of the date of the offence.
If you commit another offence within 3 years of the end of the course you are not offered the course again.
What are the laws in relation to Dangerous and Careless Cycling.
S28 RTA creates an offence for any person to ride a cycle on a road dangerously.
A person can be regarded as riding dangerously only if:-
- The manner of their riding falls far below what would be expected of a competent and careful cyclist, and
- It would be obvious to a competent and careful cyclist that riding in that manner would be dangerous
S29 creates an offence to ride a cycle on a road without due care and attention or consideration for other road users
