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Causing death by driving: unlicensed or uninsured drivers

s.3ZBRoad Traffic Act 1988

Causing the death of another person by driving a motor vehicle on a road while committing the offence of driving without a licence or without insurance.

Causing death by driving: unlicensed or uninsured drivers · Road Traffic Act 1988, s.3ZBCard 106 / 195

Points to prove

Caused the death of another person
By driving a motor vehicle
On a road
At the time, was committing an offence under s.87(1) (driving otherwise than in accordance with a licence) or s.143 (using a motor vehicle while uninsured)

Key definitions

Causes – there must be some act or omission in the control of the vehicle that involves an element of fault, whether or not it amounts to careless driving, and that contributes in a more than minimal way to the death. Simply being on the road unlicensed or uninsured is not enough (R v Hughes 2013, Supreme Court).
Motor vehicle – s.185(1): a mechanically propelled vehicle intended or adapted for use on roads.
Road – s.192(1): any highway and any other road to which the public has access. Unlike ss.1 and 2B, this offence does not extend to other public places.
Driving otherwise than in accordance with a licence – s.87(1): driving without a licence that authorises driving that class of vehicle, including breaching provisional licence conditions.

Good to know

Inserted by the Road Safety Act 2006 and in force from 18 August 2008. The disqualified driver limb was removed in 2015 and replaced by s.3ZC (causing death by driving: disqualified drivers, 10 years).
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.
Where the driving was careless or dangerous, consider ss.2B or 1 as well or instead.
Prove the underlying licence or insurance offence fully, as for a stand-alone charge.

Legislation: Road Traffic Act 1988, s.3ZB (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 2 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 driving: unlicensed or uninsured drivers: questions people ask

What are the points to prove for causing death by driving: unlicensed or uninsured drivers?

1. Caused the death of another person 2. By driving a motor vehicle 3. On a road 4. At the time, was committing an offence under s.87(1) (driving otherwise than in accordance with a licence) or s.143 (using a motor vehicle while uninsured)

What is the maximum sentence for causing death by driving: unlicensed or uninsured drivers?

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

Is causing death by driving: unlicensed or uninsured drivers a summary, either-way or indictable offence?

Causing death by driving: unlicensed or uninsured drivers 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 driving: unlicensed or uninsured drivers?

Causing death by driving: unlicensed or uninsured drivers is an offence under the Road Traffic Act 1988, s.3ZB.

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