Roads Policing PDF - Careless and Inconsiderate Driving

Roads Policing RP09 Careless and Inconsiderate Driving Introduction It is the aim of the PSNI to work in partnership with other agencies, to reduce the number of people killed or seriously injured in road collisions. We should aim to enforce the legislation, and educate drivers to...

Roads Policing RP09 Careless and Inconsiderate Driving Introduction It is the aim of the PSNI to work in partnership with other agencies, to reduce the number of people killed or seriously injured in road collisions. We should aim to enforce the legislation, and educate drivers to positively affect and influence the behaviours of all road users. Careless and Inconsiderate Driving Offence ‘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 place, he is guilty of an offence.’ Article 12 Road Traffic (NI) Order 1995 Points to Prove Drives Mechanically propelled vehicle On a road or other public place; And Without due care and attention or without reasonable consideration. Driving Without Due Care and Attention A person is to be regarded as driving without due care and attention if the way he drives falls below what would be expected of a competent and careful driver. Article12A Road Traffic (NI) Order 1995 In determining what would be expected of a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be OFFICIAL [SENSITIVE] Page 63 aware but also to any circumstances shown to have been within the knowledge of the accused. In the interests of the public safety, the standard of driving expected is the same for all drivers. No allowances are made for inexperienced drivers or for errors of judgement. A person who, for example, makes an error by misjudging the speed of a vehicle on a main road, may still be found guilty as the standard of driving was not high enough. Examples of Driving Without Due Care and Attention: Signalling left and turning right. Failing to give way to traffic at a roundabout. Hitting a parked car, lamp post or traffic sign without reasonable excuse. Shaving or applying make-up while driving. Driving Without Reasonable Consideration A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving. Article12A Road Traffic (NI) Order 1995 There must be other persons using the road/public place at the time of the offence. Examples of Driving Without Reasonable Consideration: Failing to dip headlights for oncoming traffic; Driving a bus roughly and causing alarm to passengers; Driving a slow vehicle for a long distance without pulling in to allow the following queue to pass. Defences The defence of automatism, unconsciousness and sudden illness, duress, sudden mechanical defect, assisting in the arrest of offenders and taking part in an authorised motoring event may be used as defence to the offence of careless driving. Automatism: means affliction which overcomes the driver and causes loss of control of vehicle. It must be sudden and unexpected. OFFICIAL [SENSITIVE] Page 64 Causing Death or GBI by Careless or Inconsiderate Driving ‘A person who causes the death of, or grievous bodily injury to, 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, is guilty of an offence.’ Article 11A Road Traffic (NI) Order 1995 Careless Cycling ‘If a person rides a cycle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he shall be guilty of an offence.’ Article 43 Road Traffic (NI) Order 1995 Dangerous Driving Introduction Definition: Dangerous Driving A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.’ Article 10 R.T. (NI) Order 1995 Definition: Dangerous Driving Causing Death or Grievous Bodily Injury ‘A person who causes the death of or grievous bodily injury to, another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.’ Article 9 R.T. (NI) Order 1995 OFFICIAL [SENSITIVE] Page 65  Points to Prove In order to successfully prosecute for the offence of dangerous driving the following points have to be established, to the satisfaction of the court. A person was: driving a mechanically propelled vehicle dangerously on a road or other public place and additionally in the case of Article 9 R.T.(NI) Order 1995 (Dangerous driving causing death) that the offence caused the death of, or grievous bodily injury to, some other person. Sketch A sketch is required for prosecution files involving careless/inconsiderate driving and dangerous driving. Dangerous Driving Meaning For the purposes of Article 9 and 10 a person is to be regarded as driving dangerously if: the way they drive 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 OR if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous. Article 11(1) (2) R.T. (NI) Order 1995 OFFICIAL [SENSITIVE] Page 66  Examples of Dangerous Driving/Vehicle in Dangerous Condition Driving falls far below Clarke, travelling at 70 mph in outside lane of the motorway is only inches from the bumper of the vehicle in front. Vehicle in its current state O’Neill, a scrap metal dealer, sets 4 cars, one on top of the other on his flatbed lorry. He then sets out without securing the load as he is sure the weight will hold them on. Dangerous ‘In Article 11(1) and (2) ‘dangerous’ refers to danger either of: Injury to any person or serious damage to property; Article 11(3) R.T. (NI) Order 1995 In determining, the state of a vehicle, consider anything attached to or carried on or in it and to the manner in which it is attached or carried. Notice of Intended Prosecution (NIP) The circumstances of some offences mean the driver needs to be made aware that they are suspected of committing an offence, and cannot be prosecuted without first being so informed within set time limits. OFFICIAL [SENSITIVE] Page 67 For this reason, certain offences can be prosecuted only if the defendant is informed of the possibility of a prosecution: i. at the time of the incident (or within 24 hours); or ii. a notice is served on the person within 14 days reminding them of the facts of the incident and also of the possibility of a prosecution. Offences which require NIP The offences that require a notice of intended prosecution to be served are: dangerous driving; careless and inconsiderate driving; dangerous cycling; careless, and inconsiderate, cycling; leaving vehicles in dangerous positions; contravention of traffic signs (speeding, clearway, etc); contravention of a traffic direction given by a constable in uniform; Driving a vehicle in contravention of any regulation under the R.T. Reg. (NI) Order 1997 with respect to traffic signs. Art 5 R.T.O (NI) Order 1996 NIP not required A notice of intended prosecution is not required if:  the vehicle has been involved in an RTC; or  the offence has been dealt with by issuing a fixed penalty notice. Form of Notices Notice of intended prosecution may be given in the following ways:  Verbally on the offender at the time of the offence or within 24 hours (you must ensure that the alleged offender has heard and understood the warning), or OFFICIAL [SENSITIVE] Page 68   By service of a notice (Form 55/13) on the offender within 14 days of the offence if it was dangerous or careless cycling, or  In all other cases by service of a notice on the offender or owner (at time of offence) of the vehicle within 14 days of the offence, or by serving a summons on the offender within 14 days of the offence. Service of a Notice The notice can be sent by registered post or recorded delivery at the person’s last known address. It will be deemed to have been served even if it is returned from that address. NIP not served Conviction will succeed when a Notice of Intended Prosecution is not served provided the court is satisfied that the name and address of the accused driver or the vehicle’s registered keeper could not reasonably be obtained in time to serve the notice or summons or the accused’s conduct contributed to the failure to serve the notice. Example: The present owner has not informed the DVA of their ownership and the last registered owner does not have an address for the person to whom they sold the vehicle. Disability or Medical Condition Referrals Where police investigating any incident, including a road traffic collision, form an opinion that any person holding a driving licence is suffering from a relevant or prospective disability or medical condition, which would make the driving of a vehicle by them a source of danger to the public, a report of the facts on a Form 55/4 should be made through the DVA liaison officer for the information of the medical section at DVA. Form 55/4 should be completed within the turn of duty and email to zDVANI for immediate referral to the DVA. Urgent Eyesight Referrals Cassie’s Law was introduced in GB in response to a tragedy where Cassie McCord was killed by an elderly motorist who police had previously told not to drive after failing an eyesight test. Police were following the existing procedures to have this man’s licence removed but prior to taking effect the man ignored the advice and drove again. OFFICIAL [SENSITIVE] Page 69 Under the new arrangements with DVA, in serious cases where there is a risk of immediate danger, then a driving licence can be revoked by DVA within minutes of receipt of an email from police. Such cases should be emailed directly to DVA using the email address. [email protected]. Form CL1 should be used to make urgent referrals to DVA. Examples: Careless Driving David is involved in a collision whereby damage is caused to roadside property. He is summoned for careless driving and some weeks later attends court where he puts up a defence of automatism. Under which of the following circumstances could he use such a defence? a. If at the time of the collision he suffered a sudden epileptic fit, or was struck on the head by a stone thrown up by another vehicle, or the brakes on his vehicle suddenly fail. b. If at the time of the collision he suffered a sudden epileptic fit or was struck on the head by a stone thrown up by another vehicle. c. If at the time of the collision he was struck on the head by a stone thrown up by another vehicle or the brakes on his vehicle suddenly fail. d. If at the time of the collision he suffered a sudden epileptic fit or the brakes on his vehicle suddenly fail. The correct answer is B. Explanation: Both options in the answer ‘He suffered a sudden epileptic fit or struck on the head by a stone thrown up by another vehicle’ are examples of automatism where the defence would be accepted in court, provided that the epilepsy is sudden and there is no previous history of it. Where the epileptic fit could have been anticipated, the defence would fail. The question does not mention any history, so it must be taken that the fit is sudden. The brake suddenly failing is not automatism, but the defence is known as ‘mechanical defect.’ OFFICIAL [SENSITIVE] Page 70 Careless/Dangerous Driving Smyth drives his dumper truck to the Chimney Corner bar, where his sister works as a barmaid. By 11:00pm he has consumed 5 pints of lager. He then drives his sister home. On the way he brakes far too late at a junction controlled by traffic lights. He continues past the lights showing red against him, and collides with the side of a motor car coming from his left. The driver of the car was a female who was 8 months pregnant. As a result of the collision the baby was born premature. The baby lived for two days and then died. Smyth is charged with causing death by dangerous driving. In relation to these circumstances which of the following statements will be correct? a. Smyth is guilty of causing the death of the baby by dangerous driving. b. Smyth’s standard of driving must be shown by the prosecution to be at least a substantial cause of death of the other driver. c. Smyth cannot be guilty of dangerous driving because he was driving a mechanically propelled vehicle and not a motor vehicle. d. Smyth cannot be guilty of causing death by dangerous driving as he was under the influence of alcohol at the time of the alleged offence. The correct answer is A. Explanation: Answer B is incorrect, as the dangerous driving does not have to be a substantial cause of the death. It just needs to be a cause of the death, not necessarily the sole cause. Answer C is incorrect as dangerous driving does indeed relate to an MPV, and answer D is incorrect as there is no offence of dangerous driving whilst unfit through drink or drugs. The element of excess or unfit can be dealt with as a separate offence. This leaves answer A as the correct answer, as the dangerous driving was a cause of the death. OFFICIAL [SENSITIVE] Page 71 Careless Driving In which, if any, of these cases is an offence of careless driving likely to be committed? i. Blakey, a bus driver, deliberately does not slow down for a ramp at road works, and then drives too fast over the temporary surface, giving the passengers, who have been rowdy, a very bumpy ride. ii. Oscar is driving his new automatic car for the first time. Never having driven an automatic before, he becomes confused, putting his foot on the accelerator instead of the brake. The car collides with the vehicle in front. a. Both Blakey and Oscar. b. Neither Blakey nor Oscar. c. Blakey only. d. Oscar only. The correct answer is A. Explanation: The standard of care and attention required of drivers is an objective standard, impersonal and universal, fixed in relation to the safety of the other users of the highway. It is in no way related to the degree of proficiency or degree of experience attained by the individual driver. McCrone v Riding 1938. Blakey is acting deliberately and obviously commits the offence of careless driving. Because there is only one standard, no exceptions are made for inexperienced drivers, so Oscar also commits the offence. OFFICIAL [SENSITIVE] Page 72