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Causing death by careless or inconsiderate driving

s.2BRoad Traffic Act 1988

Causing the death of 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 road users.

Causing death by careless or inconsiderate driving · Road Traffic Act 1988, s.2BCard 103 / 195

Points to prove

Caused the death of 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

Key definitions

Without due care and attention – s.3ZA(2): the way the person drives falls below what would be expected of a competent and careful driver. The test is objective.
Circumstances – s.3ZA(3): 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.
Without reasonable consideration – s.3ZA(4): only if other persons are actually inconvenienced by the driving. Those persons must be using the road or place.
Causes – the careless driving must be a cause of the death, more than a minimal one, though not necessarily the only or main cause.
Mechanically propelled vehicle, road and public place – as for dangerous driving (road: s.192(1)).

Good to know

Inserted by the Road Safety Act 2006 and in force from 18 August 2008.
Obligatory disqualification for at least 12 months (RTOA 1988, s.34(1)). If special reasons mean no disqualification, 3 to 11 penalty points are endorsed. The court may also order a retest (s.36(4)).
If acquitted, the defendant may be convicted of careless driving (s.3) instead (RTOA 1988, s.24).
Police drivers: 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 (2C)).
Where the driver was over the limit, unfit or failed to provide a specimen, charge s.3A instead (maximum life).

Legislation: Road Traffic Act 1988, s.2B (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Causing death by careless or inconsiderate driving: questions people ask

What are the points to prove for causing death by careless or inconsiderate driving?

1. Caused the death of another person 2. By driving a mechanically propelled vehicle 3. On a road or other public place 4. Without due care and attention, or without reasonable consideration for other persons using the road or place

What is the maximum sentence for causing death by careless or inconsiderate driving?

5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is causing death by careless or inconsiderate driving a summary, either-way or indictable offence?

Causing death by careless or inconsiderate driving is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is causing death by careless or inconsiderate driving?

Causing death by careless or inconsiderate driving is an offence under the Road Traffic Act 1988, s.2B.

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