Road Safety Act 2006 – UPDATE

The fourth instalment of the Road Traffic Act 2006 has been brought in to force as from 18 August 2008.

Of particular relevance is the implementation of sections 20 and 21 of the Road Safety Act 2006.

Section 20 creates a new offence of causing death by careless or inconsiderate driving and section 21 creates an offence of causing death by driving when unlicensed, disqualified or uninsured. The new offences complement the existing offences of causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs.

The maximum penalty on indictment for causing death by careless or inconsiderate driving is 5 years' imprisonment and /or an unlimited fine. On summary conviction the maximum penalty is 6 months and /or a fine up to the statutory maximum (currently £5,000). Those convicted will also be subject to a mandatory disqualification and endorsement of their licence.

The maximum penalty on indictment for causing death by driving whilst Unlicensed, Disqualified or Uninsured is 2 years' imprisonment and /or an unlimited fine. On summary conviction the maximum penalty is 6 months and /or a fine up to the statutory maximum (currently £5,000). Those convicted will also be subject to a mandatory disqualification and endorsement of their licence.

A new section has also been inserted into the Road Traffic Act and defines the meaning of driving without due care and attention for the purposes of the offence of causing death by careless or inconsiderate driving.

Driving "without due care and attention" means driving in a way that falls below what would be expected of a competent and careful driver. In determining what would be expected of a careful and competent driver, regard is to be given not only to what a driver could be expected to be aware of, but also to any circumstances shown to have been within the knowledge of the accused.