Section 3
Section 3 of the Road Traffic Act 1988 created offences of driving without due care and attention and driving without reasonable consideration on a road or public place
(3) Offence of Driving Without Due Care and Attention and Driving Without Reasonable Consideration
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 public place, he is guilty of an offence.
Important Note
This section creates two separate offences, and it is bad for duplicity to charge them as alternatives.
Notes
MPV
The term 'mechanically propelled vehicle' has a wider meaning that 'motor vehicle' as the former does not have to be 'intended or adapted for use on a road'.
Careless Driving
It is a question of fact as to whether driving is careless. The standard of care and attention is an objective one, in no way related to the degree of proficiency or experience attained by the individual driver. A learner driver can quite easily be convicted of an offence. A driver who continues driving when overtaken by sleep is guilty of at least careless driving. Similarly, it is no defence that the driving was due to an error of judgement, although a driver may not be convicted if he was driving prudently and, confronted with a sudden emergency, made a wrong decision in the agony of the moment. See the meaning of due care and attention.
Standard of Driving
A defendant will have driven 'without due care and attention' if his driving has departed from the standard of care and skill that would, in the circumstances of the case, have been exercised by a reasonable, prudent and competent driver. The application of this standard enables this offence to cover cases ranging from momentary lapses in concentration or minor errors of judgement to deliberately bad or dangerous driving, which nevertheless falls short of dangerous driving contrary to section 2. See more regarding the standard of driving.
Reasonable Consideration
In order to drive 'without reasonable consideration' it is necessary to cause some actual inconvenience to another road user. This point was emphasised in Dilks v Bowman-Shaw [1981] RTR 4 DC, in which the defendant, whilst driving on the motorway, had overtaken cars on the inside before moving out to an offside lane. However, he had done this without causing actual inconvenience to any other driver, and was therefore acquitted. On appeal, the acquittal was upheld.
A fine not exceeding £2,500
Disqualification can be given at discretion
Licence endorced with three to nine penalty points
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