Section 2A The Road Traffic Act 1988

The Road Traffic Act of 1988 outlines three main categories of unsafe driving: inconsiderate driving which includes the lesser offence of driving without due care, dangerous driving which can, dependent on the circumstances be a very serious offence and causing death by dangerous driving which always carries with it the risk of imprisonment. As with many other categories of crime there are wide ranging sentences from becoming disqualified to going to jail – these are of course dependent on how serious the offence is that has been committed.

Before I continue I would like to make it clear that I am by no way involved in the legal industry; I actually work for a Psychic readers consultancy; I also provide SEO specialist advice having previously specialised in providing jobs in foster care.

Careless driving, defined under Section 3 of the Road Traffic Act of 1988 is:

“Driving which falls below the standard of a reasonably competent and careful driver.”

Dangerous Driving, defined under Section 2A of the Road Traffic Act 1988 is:

“Driving which 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.”

Causing death by dangerous driving is an extremely serious offence which usually warrants a severe penalty. In this situation they likely outcome is a custodial sentence which may be a suspended sentence depending on the circumstances surrounding the case. There are rare occasions where a sentence of imprisonment will not be appropriate. The standard of the offender’s driving at the time of the occurrence is a primary factor in determining the sentence as follows:

• A momentary lapse in judgment or a very short period of bad driving which is judged to be dangerous without any aggravating features will probably result in a short sentence of imprisonment.
• Aggressive driving or deliberately driving at an excessive speed or if driving was impaired by drugs or alcohol will likely result in a sentence of imprisonment of two to five years.
Where the driver in question has placed a complete disregard for the public, other drivers on the road or where there are aggravating features then a sentence of 5-10 years could well be handed out.

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