Can any legals define the difference between dangerous driving and careless driving.As sentencing times vary on both.As quoted on ITV`s “This Morning”,they seem similar.
- Has the 1991 Road Traffic Act made a difference to the pattern of prosecutions and convictions for Dangerous Driving and Careless Driving?
Analysis of data from 1988 to 1997 shows that there has been a steady decline in proceedings for Careless Driving and little difference in proceedings for Dangerous Driving. The intention of the legislation was to simplify the conviction of those guilty of serious driving offences. Although many of those interviewed felt that the current definition was easier to prove than the earlier ‘reckless’ offence, it has not led to an increase in convictions for the most serious ‘bad driving’ offence.
- Is there a problem in the current definitions of Dangerous Driving and Careless Driving which results in the lesser charge of Careless Driving covering a wide range of behaviour from minor inattention to serious negligence?
The definition of Dangerous Driving is such that whilst violators are likely to face that charge, those guilty of serious negligence in their driving often face the same charge of Careless Driving as those guilty of very minor offences. This is seen as causing problems, in particular where the offence has resulted in a fatality. It was found that the offence of Careless Driving included a wide range of behaviour of differing severity. It is commonly perceived to be a minor offence, but is used in cases where the driving could be described as grossly negligent. The research found that the greatest concern was caused by those offences which failed to meet the criteria for Dangerous Driving, yet displayed a lack of care which was more culpable than the Careless Driving offence is perceived to indicate.
More from here>>>>>> dft.gov.uk/pgr/roadsafety/re … o26?page=1
Dangerous Driving, 2 years prison, unlimited fine, obligatory points 3-11 (if exceptionally not disqualified)
Careless driving, no prison, £2,500 fine, discretionary points 3-9
The difference seems to lie with the intention. If a drver drinks a bottle of whisky and races through a high street and hits a pedestrian on the pavement then that is definitely dangerous. If a sober driver goes a bit too fast on an icy road and hits a pedestrian then that may well be careless.
This is a quote from the North Report:
“The current system is still looking at the state of mind of the driver, simply because it makes no sense not to. If the decision to charge, and the level of penalty, were to be decided simply on the ‘dangerousness’ of the driving, then every driver who pulled out of a side road and either failed to see the oncoming car, or misjudged its speed, would be charged with Dangerous Driving - because there is no doubt that such an act poses a danger to other road users. In fact, these drivers are almost always charged with Careless Driving, because it is recognised that they did not intentionally take the risk, but failed to take sufficient care. Similarly, every driver found to be driving the wrong way up a one-way road would be charged with Dangerous Driving if it were only the potential danger to other road users that was a consideration. What happens in many cases in practice is that the charge depends upon whether the evidence suggests that the manoeuvre was done by mistake, or intentionally.
There will always be cases where it is impossible to prove whether the driver intended to behave in a certain way, and it is understandable that the families of victims see the charge of Careless Driving as not reflecting the seriousness of the incident. A key issue in determining whether driving is dangerous, however, ought to be whether we recognise the difference between intentional and unintentional acts. A second, separate, issue is how we treat omissions to take sufficient care.
To say that X did not intend to drive up a one-way road is one thing. This does not exonerate him, however. Increasingly, on our congested roads, there has to be an explicit duty of care to other road users whenever we drive any vehicle. Failure to exercise that duty covers a vast scale of degrees. What the research has shown is dissatisfaction with a system which defines a relatively small number of behaviours as Dangerous whilst leaving everything else as Careless, regardless of whether it was minor or serious. If those offences which fell short of the requirements of Dangerous Driving, but exhibited a gross failure to exercise sufficient care, were to be classed as a separate offence it would be more logical, and possibly more acceptable, to allow the consequences also to be taken into account for those offences.”
This was the report that resulted in the creation of the two offences and you can read the full thing here: dft.gov.uk/pgr/roadsafety/re … 26?page=19
careless driving is a catch all for when they dont think they can safely go for a conviction for dangerous driving
they’re not going to let all them fines go to waste, are they?
Is this relevant? - HIGHWAY CODE PENALTY TABLE
i should’ve looked before i posted, but apart from the max fine increase its what i said