Driving Without Due Care And Attention
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Driving without due care and attention or careless driving is a
legal term The following pages contain lists of legal terms: *List of Latin legal terms *List of legal abbreviations *List of legal abbreviations (canon law) *''on Wiktionary:'' ** wikt:Appendix:English legal terms, Appendix: English legal terms ** wikt:App ...
for a particular type of moving traffic violation related to
aggressive driving Aggressive driving is defined by the National Highway Traffic Safety Administration as the behaviour of an individual who "commits a combination of moving traffic offences so as to endanger other persons or property." Definitions In the UK, Road ...
in the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
,
Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
(at least in
Ontario Ontario is the southernmost Provinces and territories of Canada, province of Canada. Located in Central Canada, Ontario is the Population of Canada by province and territory, country's most populous province. As of the 2021 Canadian census, it ...
), the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
, and
Ireland Ireland (, ; ; Ulster Scots dialect, Ulster-Scots: ) is an island in the North Atlantic Ocean, in Northwestern Europe. Geopolitically, the island is divided between the Republic of Ireland (officially Names of the Irish state, named Irelan ...
. It is often punishable by fines or endorsements like suspensions on a
driver's license A driver's license, driving licence, or driving permit is a legal authorization, or the official document confirming such an authorization, for a specific individual to operate one or more types of motorized vehicles—such as motorcycles, ca ...
. It is usually a less serious offence than
reckless driving In United States law, reckless driving is a major moving violation related to aggressive driving that generally consists of driving a vehicle with willful or wanton disregard for the safety of persons or property. It is usually a more serious o ...
(United States, Canada) or
dangerous driving In United Kingdom law, dangerous driving is a statutory offence related to aggressive driving. 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 driv ...
(United Kingdom, Canada).


United Kingdom

In
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. Th ...
and
Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...
this offence was created by section 3 of the
Road Traffic Act 1988 The Road Traffic Act 1988 (c. 52) is an Act of the Parliament of the United Kingdom, concerning licensing of vehicles, insurance and road regulation. Contents Part I contains a number of traffic offences including causing death by dangerous dri ...
(as substituted by section 2 of the
Road Traffic Act 1991 A road is a thoroughfare used primarily for movement of traffic. Roads differ from streets, whose primary use is local access. They also differ from stroads, which combine the features of streets and roads. Most modern roads are paved. The w ...
). It carries a punishment of between three and nine penalty points and a fine of up to £5,000. The
Road Traffic Act 1991 A road is a thoroughfare used primarily for movement of traffic. Roads differ from streets, whose primary use is local access. They also differ from stroads, which combine the features of streets and roads. Most modern roads are paved. The w ...
amended the same act to insert section 3A, which creates the offence of "causing death by careless driving when under the influence of drink or drugs", punishable by up to 14 years in prison with mandatory disqualification and 3–11 penalty points. The
Road Safety Act 2006 The Road Safety Act 2006 (c 49) is an Act of the Parliament of the United Kingdom. The provisions contained in the Act are designed to improve road safety and help achieve casualty reduction targets. The Government’s strategy for improving ro ...
additionally inserted section 2A, creating the offence of "causing death by careless or inconsiderate driving", without the requirement of intoxication; the sentence is 12 months' imprisonment (6 in Scotland) plus a fine up to the statutory maximum on summary conviction, or 5 years' imprisonment and/or a fine on indictment, plus mandatory disqualification and 3–11 penalty points. Examples of concentration lapses include being distracted by passengers, adjusting the radio and looking at satellite navigation systems ( GPS). It is not necessary for a collision or other incident to occur for the offence to be prosecuted. For example, a close pass of a cyclist (contrary to
Highway Code ''The Highway Code'' is the official set of information and guidance for road users in the United Kingdom. Its objective is to promote the safe and efficient use of the road network. The Code applies to al ...
rule 163), typically defined as passing within 1.5 metres, is frequently prosecuted as careless driving regardless of actual attention; in extreme cases, convictions of
dangerous driving In United Kingdom law, dangerous driving is a statutory offence related to aggressive driving. 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 driv ...
for close passing without contact have survived appeal.


See also

*
United Kingdom traffic laws Present laws (Great Britain) *Highways Act 1980 (England and Wales)Roads (Scotland) Act 1984(Scotland) *Road Traffic Regulation Act 1984 *Road Traffic Act 1988Road Traffic Offenders Act 1988*Traffic Signs Regulations and General Directions, initia ...


References

{{Reflist Traffic law