Newslink October 2023

Motoring Law Update
The law is getting tough
on motoring offenders
ADIs need to think about how the offence of causing serious
injury by careless driving could affect them or their pupils,
say Charlotte Le Maire and Andrew Drewary
Most of the time, the vast majority of drivers
drive well. However, sometimes an error of
judgement or loss of attention can have
devastating consequences.
On June 28, 2022, a new criminal offence of
‘Causing Serious Injury by Careless Driving’
came into effect under Section 2C of the
Road Traffic Act 1988. Up until the
introduction of this new offence, drivers who
caused serious injury in collisions could only
be prosecuted for one of two offences:
causing serious injury by dangerous driving
or careless driving. Typically, the prosecution
was unable to meet the high test required to
prove dangerous driving and so, up until
recently, a driver would be much more likely
to be facing an offence of careless driving.
This is a non-imprisonable offence for which
the maximum sentence is a disqualification
and a fine.
The introduction of the new law of ‘Causing
Serious Injury by Careless Driving’ changes
this, however.
Cases involving serious and life-changing
injury have a devastating impact on victims
and their families. The key arguments for the
introduction of the new offence were that the
offence of careless driving does not reflect
the seriousness of any injury caused and that
drivers are not being appropriately punished
for these offences. The new offence
emphasises the responsibility that drivers
have to other road users and recognises the
harm caused to victims.
Therefore, why it is so important that
driving instructors educate their students
about this offence from the very first time
the sit behind the steering wheel? This is the
offence that most new drivers due to their
inexperience, are most likely to fall foul of
during the probationary period after
obtaining their licence.
The Law
In order to be found guilty of an offence of
Causing Serious Injury by Careless Driving,
the prosecution has to prove the following:
n A person causes serious 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.
The definition of ‘without due care and
attention’ or ‘careless driving’ is where the
standard of driving simply falls below the
standard of a careful and competent driver.
This is not to be confused with dangerous
driving, where the manner of driving falls far
below the standard of a careful and
competent driver. Typical examples of
careless or inconsiderate driving include
driving too close to another vehicle,
unnecessarily slow driving, talking to a
passenger or even something as minor as a
momentary lapse of concentration.
‘Serious injury’ is defined in law as ‘physical
harm which amounts to grievous bodily harm
18 NEWSLINK n OCTOBER 2023