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Dangerous driving

s.2Road Traffic Act 1988

Driving a mechanically propelled vehicle dangerously on a road or other public place.

Dangerous driving · Road Traffic Act 1988, s.2Card 74 / 85

Points to prove

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.
Dangerously – s.2A(1): the way they drive falls far below what would be expected of a competent and careful driver, and it would be obvious to a competent and careful driver that driving in that way would be dangerous. Under s.2A(2) it is also dangerous driving if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.
Dangerous – s.2A(3): danger of injury to any person or of serious damage to property. 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.
Current state of the vehicle – s.2A(4): includes anything attached to or carried on or in it, and how it is attached or carried.
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).

The test is objective. The defendant’s own view of their driving is not the test, though facts they actually knew are taken into account (s.2A(3)).
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.2A(1A) to (1F)).
Aggravated versions: causing death by dangerous driving (s.1, life imprisonment) and causing serious injury by dangerous driving (s.1A, 5 years).
The difference from careless driving: careless is driving that falls below the standard; dangerous is far below it, with obvious danger.
Disqualification until an extended test is passed is mandatory on conviction (RTOA 1988, s.36). If special reasons mean no disqualification, 3 to 11 penalty points are endorsed.

Legislation: Road Traffic Act 1988, s.2 (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); obligatory disqualification (minimum 12 months) until an extended driving test is passed