Road Traffic Law
What is careless driving?
Careless driving, which can also be classed as driving without due care, is the offence of driving without the level of care and attention of a reasonable driver. The idea of a “reasonable person” is a much used concept in the law and its definition for each area of the law where it is applicable is often built up over many years in the courts.
To understand what is reasonable, it is probably best to give examples of unreasonable driving that displays a lack of care and attention. If you cause an accident or go through a traffic light because you are using a mobile phone, lighting up a cigarette or doing anything that will distract you from the road that is considered to be unreasonable in the circumstances (which is arguably open to interpretation), you will be seen to have not been paying a reasonable amount of attention to the road/taking a reasonable amount of care. Other examples of unreasonable and therefore careless driving might include failing to check your mirrors and blind spots when you should have, and hitting another car, pedestrian or cyclist.
As a “reasonable driver” you are not expected to show super-human standards of driving, only standards that the courts can expect of a capable, fully licensed driver.
What about inconsiderate driving?
Inconsiderate driving is another separate offence which comes under the general careless driving class of offences. Inconsiderate driving is termed as driving which inconveniences other road users and fails to fulfill a “reasonable” standard of consideration. This might include “road rage” type behavior i.e. deliberately cutting up other vehicles; following other vehicles too closely; failing to move out of the fast lane on a motorway when driving slowly etc.
What’s the penalty ?
It depends on the severity of the offence. If you have only just broken the threshold of unreasonableness, you can expect a fine and a minimum of three penalty points on your license. More severe cases might attract up to 9 penalty points, a bigger fine and a possible ban.
There is also a new offence of “death by dangerous driving” which carries a possible prison sentence of up to three years and a community order.
What defences can I use?
It entirely depends on the circumstances, but the main line of defence is showing that your driving was in fact reasonable given the circumstances at the time. Perhaps you were using a mobile phone in an emergency situation and could not stop. That could be considered reasonable.
It is also possible to show that you have mitigating circumstances which can lessen the severity of the punishment you receive if convicted. For example, if you are a young, inexperienced driver, the court might take this into account when handing down any punishment.