The following Corporate Crime guidance note Produced in partnership with 18 Red Lion Court provides comprehensive and up to date legal information covering:
If aperson drives acar carelessly or without consideration for other road users they may be guilty of careless and inconsiderate driving under the Road Traffic Act 1988, s 3 (RTA 1988).
Careless driving under RTA 1988, s 3 can be tried summarily only.Road Traffic Offenders Act 1988, s 9, Sch 2, Pt 1
To be guilty of an offence aperson must:Road Traffic Act 1988, s 3
a mechanically propelled vehicle
on aroad or other public place
without due care and attention, or without reasonable consideration, for other persons using the road or public place
A person is considered to be driving if the vehicle, when moving, is subject to their control and direction.
The driver must be either:R v Roberts  2 All ER 541
in the driving seat, or
in control of the steering wheel, and
have something to do with the propulsion of the vehicle
If aperson is in the driving seat when avehicle is in motion they are deemed to be the driver and the onus is on them to show that they are not responsible for example in circumstances in which they were in astate of automatism, as set out in Careless driving—Defences to careless driving.Hill v Baxter  1 All ER 193Watmore v Jenkins  2 All ER 868
Any vehicle constructed to be mechanically propelled is considered to be amechanically propelled vehicle.RTA 1988, s 185
This definition is wider than ‘motor vehicle’ which excludes grass
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