Dangerous Driving

The offence of Dangerous Driving is defined in Section 2 of the Road Traffic Act 1988.

A person is to be regarded as driving dangerously if:

The way he drives falls far below what would be expected of a competent and careful driver;

It would be obvious to a competent and careful driver driving in that way would be dangerous;

A person is to be regarded as driving dangerously for the purposes of the above if it would be obvious to a competent and careful driver driving the vehicle in its current state would be dangerous;

In determining for the purposes of the above the state of the vehicle, regard may be had to anything attached to or carried or in it and to the manner in which it is attached or carried.

The offence of dangerous driving poses two questions:

  • Did the driving fall far below a standard which should be expected of competent and careful driver? The word ‘far’ is important to note as the definition is to be one of the features which distinguishes this offence from that of careless driving.
  • Would it be obvious to a hypothetical competent and careful driver that driving in such a way would be dangerous?

Evidence of dangerous driving

  • Racing or competitive driving
  • Prolonged, persistent or deliberate bad driving
  • Speed which is highly inappropriate for the prevailing road or traffic conditions
  • Aggressive or intimidatory driving such as a sudden lane change, cutting into a line of vehicles or driving much to close to the vehicle in front, especially when the purpose is to cause the other vehicle to pull to one side to allow the queues to overtake.
  • Disregard for traffic lights and other road signs, which on an objective analysis would appear to be deliberate.
  • Failure to pay proper attention, amounting to something significantly more than a momentary lapse.
  • Overtaking which could not have been carried out with safety.
  • Driving a vehicle with a load which presents a danger to other road users.
  • Fatigue

Punishment

Dangerous Driving is punishable on indictment with two years imprisonment or an unlimited fine or both. Disqualification is obligatory and there is a compulsory re-test. The offence carries 3-11 points.