The Road Traffic Act 1988 is a major United Kingdom statute dealing with road traffic law. It covers dangerous and careless driving, drink and drug driving, duties after accidents, insurance, driving licences, vehicle use, construction and use rules, and many related offences.
The Act is one of the main statutes used in road traffic prosecutions in England, Wales, and Scotland. It has been amended many times since 1988.
Dangerous Driving
Section 2 creates the offence of dangerous driving. Driving is dangerous if it falls far below what would be expected of a competent and careful driver and it would be obvious to such a driver that driving in that way would be dangerous.
Section 1 creates the more serious offence of causing death by dangerous driving. Section 1A covers causing serious injury by dangerous driving.
Careless and Inconsiderate Driving
Section 3 creates the offence of driving without due care and attention, or without reasonable consideration for other persons using the road or place. It is usually described as careless or inconsiderate driving.
Careless driving is a lower threshold than dangerous driving. It covers driving that falls below, rather than far below, the standard expected of a competent and careful driver.
Drink and Drug Driving
The Act contains several drink and drug driving offences. Section 5 covers driving or being in charge of a motor vehicle with alcohol concentration above the prescribed limit. Section 4 covers driving or being in charge while unfit through drink or drugs.
Section 5A, added later, covers driving or being in charge of a motor vehicle with a specified controlled drug above the prescribed limit.
Duties After Accidents
Section 170 sets out duties after certain road accidents. A driver may be required to stop, give details, and report the accident depending on injury, damage, and the circumstances.
Failing to stop and failing to report are separate offences. The duties are strict and can arise even where the driver believes the accident was minor.
Insurance
Section 143 makes it an offence to use, or cause or permit another person to use, a motor vehicle on a road or other public place without the required third-party insurance or security.
This is one of the most common road traffic offences. It can apply even where the driver believed insurance was in place, although special reasons may be argued in limited sentencing situations.
Driving Licences
The Act contains provisions relating to driving licences, entitlement to drive, driving otherwise than in accordance with a licence, and production of documents. Detailed licence administration also involves the Road Traffic Offenders Act 1988 and other regulations.
Relationship With the Road Traffic Offenders Act 1988
The Road Traffic Act 1988 creates many substantive offences. The Road Traffic Offenders Act 1988 deals with procedure and penalties for road traffic offences, including endorsement, penalty points, disqualification, fixed penalties, and some notice requirements.
Practical Examples
Dangerous Driving
A driver races through busy streets at high speed, ignores red lights, and narrowly misses pedestrians. Section 2 may be considered because the driving may fall far below the expected standard.
Careless Driving
A driver misjudges a lane change and causes a minor collision. If the driving falls below the expected standard but not far below it, section 3 may be more appropriate than dangerous driving.
No Insurance
A person drives a friend's car believing they are covered by their own policy, but the policy does not cover that use. Section 143 may still be made out if there is no valid insurance.
See Also
References
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