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TOPIC 9. THE MOTORIST AND THE LAW



Text 1

Dangerous Driving

Exercise 1.Read the text and answer the following questions:

1. How can a motorist or passenger obtain money compensation from the person who has caused the injury?

2. Why does the criminal law control the activities of the motorists and traffic offences?

3. How can dangerous driving be defined?

4. What is the penalty for driving dangerously?

5. What is the maximum penalty for causing death by driving dangerously?

6. What does driving without reasonable care?

7. Study the table of major motoring offences and give your commentaries.

If a motor accident has taken place, then a motorist or passenger who has been injured may be able to obtain damages (money compensation) from the person who has caused the injury. It is often useful to wait for criminal proceedings to be completed before bringing a civil case. This is because under s.12 of the Civil Evidence Act 1968 a conviction for a criminal offence committed by a driver can be used in evidence in subsequent civil proceedings.

The motor car is an extremely dangerous weapon. The risks to the population justify the intervention of the criminal law to control the activities of the motorists and traffic offences. The major motoring offences are now to be found in the Road Traffic Act 1988 as amended.

After many difficulties were encountered in the application of the offences of driving recklessly and causing death by driving recklessly the offences have now been abolished and the most serious offence of «bad driving» is that of driving dangerously, under s.2. The maximum penalty is two years' imprisonment.

Dangerous driving is defined so that:

a) If the driving falls far below what would be expected of a competent and careful driver and

b) it would be obvious to a competent and careful driver that driving in that way would be dangerous, then the driving is, for the purposes of these offences, dangerous.

 

In Addition s.2A provides that driving is dangerous if the state of the car is such that it would be obvious to a competent and careful driver that driving the vehicle in that state would be dangerous.

Causing death by driving dangerously is an offence under s.1 The maximum penalty is five years imprisonment. The heavier sentence for the offence under s.1 has been critical because the difference between the offences under s.1 and 2 can be simply whether or not there is anyone stepping into the road as a driver comes around a corner driving a car dangerously.

Driving without due care and attention is an offence under s.3. The standard of fault required for a conviction is negligence. The defendant must have failed to take that amount of care which would be taken by a reasonable driver in the circumstances. Driving without reasonable care includes driving in the wet so as to splash pedestrians or sounding the horn when passing a horse.

Causing death by driving carelessly when unfit through drink or drugs is an offence under s.3A and is an amalgam of three offences. There must be careless driving (offence under s.3); there must be driving while unfit through drink or drugs (offence under s.5) and again as with all homicides, the act of the defendant must kill a person (see table).

 

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