Dangerous and Careless Driving/Cycling PDF - 2024

OFFICIAL Unit 9 Lesson 4...

OFFICIAL Unit 9 Lesson 4 Dangerous and Careless Driving/Cycling Lesson Aim: The learner will be able to State the offences relating to dangerous and careless driving/cycling under the Road Traffic Act 1988 Learning Outcomes: Introduction On successful completion of the lesson, students will be able to:- Sometimes peoples driving isn’t always of the high standard required to pass a driving test. 1. State the Section 2 offence of dangerous There are many reasons why this might be, driving (pg. 2) from driver error, momentary carelessness, fatigue, etc. The Road traffic Act, 1988, 2. State the Section 3 offence of careless creates offences relating to driving that can driving (pg. 4) be described as ‘dangerous’ or ‘careless.’ There are a number of reasons why a 3. State the offence of dangerous and person’s driving standards would fall below careless cycling (pg. 9) that which is expected, these can include:- 1. Driver mood Driver personality Driver experience Vehicle condition Road/weather conditions 1 th Amended 5 March 2024 v.2 OFFICIAL  OFFICIAL Unit 9 Lesson 4 Dangerous and Careless Driving/Cycling Activity 1 A1 Looking at your personal experiences of driving/ being a passenger in a car, think about what might cause someone’s driving to be classed as dangerous or careless? Section 2 - Dangerous Driving Section 2 of the Act creates an offence for:- any person to drive a mechanically propelled vehicle, on a road or other public place dangerously. Dangerous Driving - Definition Section 2 of the Act, defines driving dangerously as follows:- “If a competent and careful driver would consider:- that the driving falls far below his or her standards; and would consider the driving to be dangerous; or that the current state of the vehicle being driven is dangerous.” The term dangerous refers to danger of either:- “injury to any person; or serious damage to property.” Note:- In the above, the condition of anything attached to, carried by or in the vehicle, can also be considered by the court. This would include a caravan or trailer or any part of the load carried by the vehicle. 2 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 4 Dangerous and Careless Driving/Cycling The key element in this factor is what is deemed as dangerous. Have a look at the following examples:- Driving through a built up area at greatly excessive speeds Driving through a level crossing when the barriers are down Driving a vehicle that is in such a condition, mechanically, that it should not be used on a road e.g. with bald tyres or defective brakes All three would be considered as dangerous. Activity 2 A2 Take a look at this video, which is footage from a police car pursuing a vehicle. You will be able to see what speed the vehicle is travelling and the manoeuvres that the driver carries out. Consider what information you would include in your Police Report. Feedback 2 F2 Feedback will be given by the instructor for this activity. 3 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 4 Dangerous and Careless Driving/Cycling Section 3 - Careless Driving Section 3 of the Act creates an offence for any person to drive a mechanically propelled vehicle on a road or public place, without due care and attention; or without reasonable consideration for other people using the road or public place. Although this section details separate ways in which the offence can be committed, the two methods are normally libelled together in the charge against the accused:- without due care and attention, or without reasonable consideration for other people using the road or public place. Breaking the rules of the Highway Code is not in itself an offence, but police and courts can use it as a guide to establishing whether or not a person was driving in a correct manner. Without Due Care and Attention A person is to be regarded as driving without due care and attention if (and only if) the way they drive falls below what would be expected from a competent and careful driver. In determining what would be expected from a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which they could be expected to be aware, but also to any circumstances shown to have been within the knowledge of the accused. Typical examples of driving without due care and attention are as follows:- Failing to judge correctly distance, speed or distances between other vehicles etc. After signalling, failing to ensure that it has been seen or understood before manoeuvring 4 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 4 Dangerous and Careless Driving/Cycling Reasonable Consideration A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by their driving. Typical examples of failing to show reasonable consideration for other people using the road are as follows:- Driving very slowly on narrow roads and not allowing other vehicles to pass Unnecessary driving through puddles, drenching pedestrians Driving a vehicle in a manner that, although not dangerous, frightens passengers Case Law The driver of a motor lorry, knowing that he was being overtaken by a motor cycle, signalled that he was about to turn to his right but failed to make sure that the cyclist saw his signal. In fact the cyclist did not notice it and a collision occurred when the lorry turned. On appeal it was held that the Sheriff-Substitute was entitled to convict the lorry driver. (Sorrie v. Robertson, 1944 S.L.T. 332; 1944 J.C. 95.) 5 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 4 Dangerous and Careless Driving/Cycling Related Offences The Road Traffic Act 1988, recognises that sometimes dangerous and careless driving can cause death and there are a number of such offences that officers should be aware of. These offences will be dealt with by officers attached to the Road Policing Department. However, response officers may be the first units attending at the scene. If it appears likely that a collision might have fatal or life changing consequences, the Road Policing Department must be informed at the earliest opportunity. Causing Death by Dangerous Driving Section 1 of the Act refers to incidents where death is caused by dangerous driving. It is an offence for any person to cause the death of a person by driving a mechanically propelled vehicle dangerously on a road or other public place. This is almost identical to Section 2, Road Traffic Act 1988; in addition, it must be proved that the dangerous driving was at least a cause of the death of the person. Causing Death by Careless or Inconsiderate Driving Section 2B of the Road Traffic Act 1988 creates an offence for any person to cause the death of another person by driving 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 place. 6 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 4 Dangerous and Careless Driving/Cycling Causing Death by Careless Driving when under the Influence of Drink or Drugs Section 3A of the Act creates an offence if a person caused the death of another person by driving 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 place and:- they are, at the time when they are driving, unfit to drive through drink or drugs; or they have consumed so much alcohol that the proportion of it in their breath, blood or urine at that time exceeds the prescribed limit; or they are, within 18 hours after that time, required to provide a specimen in pursuance of Section 7 of this Act, but without reasonable excuse fails to provide it; or they are required by a Constable to give their permission for a laboratory test of a specimen of blood taken from under Section 7A of this Act, but without reasonable excuse fails to do so; they are guilty of an offence. Causing Death by Driving whilst Disqualified, Unlicensed or Uninsured Section 3ZB of the Road Traffic Act 1988 creates an offence for any person to cause the death of another person by driving a motor vehicle on a road and, at the time when they are driving, the circumstances are such that they are committing an offence under:- Section 87(1) of the Road Traffic Act 1988 (driving otherwise than in accordance with a licence) Section 143 of the Road Traffic Act 1988 (using a motor vehicle whilst uninsured or unsecured against third party risks). Section 3ZC of the Road Traffic Act 1988 creates an offence for any person to cause the death of another person by driving a motor vehicle on a road and, at the time when they are driving, the circumstances are such that they are committing an offence under Section 103(1)(b) of the Road Traffic Act 1988 (driving whilst disqualified). 7 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 4 Dangerous and Careless Driving/Cycling Alternatives to Prosecution The Driver Improvement Scheme in Scotland provides an alternative to prosecution for drivers and riders whose poor car or motorcycle driving skills have led them to be charged with Careless Driving. In suitable cases, the Procurator Fiscal may divert an offender from prosecution by offering them the opportunity of participating in the Driver Improvement Scheme. The scheme includes theory, driver assessment and practical instruction. Any age of driver can be offered the opportunity to attend the course. It must be emphasised that this does not involve a re-sit of the normal driving test. Scheme Requirements When officers are dealing with an incident they must consider whether a person contravening this legislation is suitable for the course by evaluating:- Is there enough evidence to suggest the ‘accused’ would be convicted if the matter went to Court? If so, then the matter will be reported to the Procurator Fiscal, by means of a Standard Police Report indicating the accused’s suitability to take part in the driver alertness course. The Procurator Fiscal will consider the matter and thereafter make a referral to the course providers. The accused must agree to abide by the terms of the course, namely by paying a prescribed fee and attending the course and fulfilling the course criteria within six weeks of the date of the offence. Failure to do so will result in the Procurator Fiscal proceeding with Court proceedings against the accused. Upon completion of the course, the driver/rider will be notified by the Procurator Fiscal that no further action will be taken against them for this particular incident. The date of course completion is recorded and held on the DVLA National Database. If the driver/rider is involved in another Careless Driving incident within 3 years of the course completion date a second course will not be offered in lieu of proceedings 8 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 4 Dangerous and Careless Driving/Cycling Key Information KI The reporting officer will not inform the accused that they are going to be recommended for the Driver Improvement Course as the Procurator Fiscal may not support this. Dangerous and Careless Cycling Previous sections in this lesson have applied to mechanically propelled vehicles. The Road traffic Act also creates offences in relation to dangerous or careless cycling. Section 28 of the Act creates an offence for any person to ride a cycle on a road dangerously. A person is to be regarded as riding dangerously only if:- the manner of their riding falls far below what would be expected of a competent and careful cyclist, and it would be obvious to a competent and careful cyclist that riding in that manner would be dangerous. Section 29 of the Act creates an offence for any person to ride a cycle on a road without due care and attention or consideration for other road users. 9 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 4 Dangerous and Careless Driving/Cycling Activity 3 A3 So far in this lesson we have looked at Sections 2, 3, 28 and 29 of the Road Traffic Act, 1988. Look at the examples below and consider which section you would apply to each scenario. 1. John Douglas is the proud owner of a motorcycle and likes to impress his friends. He is riding down Castle Wynd, Brookbank, with his girlfriend riding pillion. He sees a crowd of people outside the chip-shop. He decides to stand on the seat as he goes past them but loses control of the bike and it crashes into a bus shelter. John and his girlfriend have serious injuries. 2. Yvonne Jones takes her friends out for a drive. She is driving along the dual carriageway, within the speed limit. As a joke she takes both hands off the steering wheel. Yvonne thinks it is hilarious but her friends are concerned. The car swerves to the nearside. Yvonne quickly puts her hands back on the wheel and there is no collision. She repeats this several times. Her friends’ later call at the police office and you are called to investigate. 3. Steve McLean is driving along Culzean Gardens, Brookbank, when he sees two men, he does not like, standing at a bus stop. There is a large puddle in front of the bus stop and he swerves into the puddle causing the men to be soaked. Both men report the incident to you. 10 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 4 Dangerous and Careless Driving/Cycling Feedback 3 F3 1. Section 2 Dangerous Driving 2. Section 3 Careless Driving (Driving in a manner that although not dangerous, frightens passenger) 3. Section 3 Careless Driving (Unnecessary driving through puddles, drenching pedestrians) 11 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 4 Dangerous and Careless Driving/Cycling For further information, use the resources shown below:- Legal Database:- Road Traffic Law - Road Traffic Legislation - R.T.A 1988 - Part I Technology Based Training Package Traffic - Road Traffic Act 1988 Sections 1 and 2 Review: You can state the Section 2 offence of dangerous driving You can state the Section 3 offence of careless driving You can state the offence of dangerous and careless cycling Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 12 Road Policing OFFICIAL