Dangerous driving
Encyclopedia
Dangerous driving is a statutory offence in England and Wales
and Scotland
and Northern Ireland
. It is also a term of art used in the definition of the offence of causing death by dangerous driving. It replaces the former offence of reckless driving
.
In this context, "dangerous" refers to danger either of injury to any person or of serious damage to property; and in determining what would be expected of, or obvious to, a competent and careful 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.
In Attorney General's Reference (No 4 of 2000) (2001) 2 Cr. App. R. 417 Woolf CJ said at p 422:
Thus, whereas the underlying test of dangerousness is objective, a test based on the concept of "obviousness" considers the extent of knowledge as to causation
. This test is hybrid, drawing both on the actual subjective knowledge that the accused had in his or her mind at the time the actus reus
of driving occurred, and on the knowledge that would have been in the mind of a reasonable person
(see mens rea
and criminal negligence
for discussion on the nature of these tests and the scope of the reasonable person).
The Court of Appeal held in the case of R v Banister that police drivers get no special treatment. "...the special skill (or indeed lack of skill) of a driver is an irrelevant circumstance when considering whether the driving is dangerous."
Any conviction for dangerous driving for a driver holding a licence issued by the Driver and Vehicle Agency (Northern Ireland
) or Driver and Vehicle Licencing Agency (for licences issued in England
, Wales
or Scotland
) will result in a mandatory disqualification if the offence took place in the United Kingdom
proper, Isle of Man
or Republic of Ireland
(see also Traffic violations reciprocity
). The driver must return to being a learner driver, even if the offence did not result in death or grievous bodily harm, and an extended practical driving test
, about 70 minutes long and about 30 minutes longer than the regular driving test, must be taken by the driver to regain his or her full driving licence.
.
It carries a mandatory disqualification of at least 24 months.
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
. It is also a term of art used in the definition of the offence of causing death by dangerous driving. It replaces the former offence of reckless driving
Reckless driving
Reckless driving is a major moving traffic violation. As a legal term, it is used within the United States. This offence has been abolished in the United Kingdom and replaced...
.
Statute
This offence is created by section 2 of the Road Traffic Act 1988 (as substituted by section 1 of the Road Traffic Act 1991):"Dangerously"
A person is to be regarded as driving dangerously for the purposes of sections 1 and 2 of the Road Traffic Act 1988 if- the way he drives falls far below what would be 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; or
- if it would be obvious to a competent and careful driver that driving the vehicle in its current state (for the purpose of the determination of which regard may be had to anything attached to or carried on or in it, and to the manner in which it is attached or carried) would be dangerous.
In this context, "dangerous" refers to danger either of injury to any person or of serious damage to property; and in determining what would be expected of, or obvious to, a competent and careful 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.
In Attorney General's Reference (No 4 of 2000) (2001) 2 Cr. App. R. 417 Woolf CJ said at p 422:
- The essential limbs, as is common ground, do not require any specific intent to drive dangerously. Section 2A sets out a wholly objective test. The concept of what is obvious to a careful driver places the question of what constitutes dangerous driving within the province of the jury.
Thus, whereas the underlying test of dangerousness is objective, a test based on the concept of "obviousness" considers the extent of knowledge as to causation
Causation (law)
Causation is the "causal relationship between conduct and result". That is to say that causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the actus reus from which the specific injury or other effect arose and is...
. This test is hybrid, drawing both on the actual subjective knowledge that the accused had in his or her mind at the time the actus reus
Actus reus
Actus reus, sometimes called the external element or the objective element of a crime, is the Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the mens rea, "guilty mind", produces criminal liability in the common law-based criminal law jurisdictions...
of driving occurred, and on the knowledge that would have been in the mind of a reasonable person
Reasonable person
The reasonable person is a legal fiction of the common law that represents an objective standard against which any individual's conduct can be measured...
(see mens rea
Mens rea
Mens rea is Latin for "guilty mind". In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty...
and criminal negligence
Criminal negligence
In the criminal law, criminal negligence is one of the three general classes of mens rea element required to constitute a conventional as opposed to strict liability offense. It is defined as an act that is:-Concept:...
for discussion on the nature of these tests and the scope of the reasonable person).
The Court of Appeal held in the case of R v Banister that police drivers get no special treatment. "...the special skill (or indeed lack of skill) of a driver is an irrelevant circumstance when considering whether the driving is dangerous."
Sentence
In England and Wales and Scotland, a person guilty of dangerous driving is liable, on conviction on indictment, to imprisonment for any term not exceeding two years, or to a fine, or to both, or on summary conviction, to imprisonment for any term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both.Any conviction for dangerous driving for a driver holding a licence issued by the Driver and Vehicle Agency (Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
) or Driver and Vehicle Licencing Agency (for licences issued in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
or Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
) will result in a mandatory disqualification if the offence took place in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
proper, Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
or Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
(see also Traffic violations reciprocity
Traffic Violations Reciprocity
Under traffic violations reciprocity agreements, non-resident drivers are treated like residents when they are stopped for a traffic offense that occurs in another jurisdiction. They also ensure that punishments such as "points" on one's license and the ensuring increase in insurance premiums...
). The driver must return to being a learner driver, even if the offence did not result in death or grievous bodily harm, and an extended practical driving test
United Kingdom driving test
The United Kingdom driving test is a test which all United Kingdom learner drivers must pass to obtain a full driving licence. Different tests are available for users of different vehicles, from car drivers, to motorcyclists and HGV drivers. In Great Britain it is administered by the Driving...
, about 70 minutes long and about 30 minutes longer than the regular driving test, must be taken by the driver to regain his or her full driving licence.
History
The offence of dangerous driving was created by section 2 of the Road Traffic Act 1972. It was abolished by section 50 of the Criminal Law Act 1977Criminal Law Act 1977
The Criminal Law Act 1977 is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It is mainly significant because it defines the offence of conspiracy in English law...
.
Statute
This offence is created by article 10 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I.)).Sentence
A person guilty of dangerous driving is liable, on conviction on indictment, to imprisonment for any term not exceeding five years, or to a fine, or to both.Causing death or grievous bodily injury by dangerous driving
This offence is created by article 9 of the Road Traffic (Northern Ireland) Order 1995 (S.I. 1995/2994 (N.I.)).It carries a mandatory disqualification of at least 24 months.