Careless and inconsiderate driving

s.3Road Traffic Act 1988

Driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other people using it.

Careless and inconsiderate driving · Road Traffic Act 1988, s.3Card 75 / 85

Points to prove

Drove
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

Key definitions

Drives – not defined in the Act. The essence of driving is using the driver’s controls to direct the vehicle’s movement (R v MacDonagh 1974).
Mechanically propelled vehicle – not defined in the Act. It is wider than “motor vehicle” (s.185(1)) because it need not be intended or adapted for use on roads.
Road – s.192(1): any highway and any other road to which the public has access, including bridges a road passes over.
Public place – not defined in the Act. The question is whether the people using the place are members of the public or a special class allowed in for a particular reason (DPP v Vivier 1991).
Without due care and attention – s.3ZA(2): the way they drive falls below what would be expected of a competent and careful driver. The court considers the circumstances the driver could be expected to be aware of, and any circumstances shown to be within the defendant’s own knowledge (s.3ZA(3)).
Without reasonable consideration – s.3ZA(4): only if other people are actually inconvenienced by the driving.

Good to know

Two ways of committing it: careless (no due care and attention) and inconsiderate (no reasonable consideration). Inconsiderate driving needs another road user to have been inconvenienced; careless driving does not.
Police drivers: since 26 October 2022 (Police, Crime, Sentencing and Courts Act 2022), a designated person driving for police purposes who has had prescribed training is judged against a competent and careful constable with the same training (s.3ZA(2A) to (2F)).
Aggravated versions: causing death by careless or inconsiderate driving (s.2B, 5 years), causing serious injury by careless or inconsiderate driving (s.2C, 2 years, added by the Police, Crime, Sentencing and Courts Act 2022), and causing death by careless driving when under the influence of drink or drugs (s.3A, life imprisonment).
The difference from dangerous driving: careless is below the standard of a competent and careful driver; dangerous is far below it.

Legislation: Road Traffic Act 1988, s.3 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: Unlimited fine (level 5); discretionary disqualification, otherwise 3 to 9 penalty points