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Careless
Driving Guide
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Don’t hesitate to get in touch with one of our expert driving offence
solicitors for specialist advice:
Phone: 0333 200 2300 Web: www.bannerjones.co.uk
Why Choose Banner Jones?
• Flashing lights to force other drivers to give way unnecessarily
• Staying in the overtaking lane
• Failing to dip headlights
• Actions such as driving through a puddle to splash pedestrians
Penalties
Careless driving is defined as ‘driving without due care and
attention’, which encompasses a number of actions whilst
driving. It is not, however, what is known as ‘inconsiderate
driving’, or ‘dangerous driving’. Careless driving can be further
explained as being when a driver falls below what is expected
of a careful and competent driver.
This guide will explain the difference between inconsiderate,
careless and dangerous driving, and the penalties that can be
incurred if convicted of careless driving.
Inconsiderate driving is when a driver behaves in a way which is detrimental to other road users or pedestrians,
but without their actions being considered dangerous. Offences that fall into this category are of less severity
than those classed as being careless or dangerous. Behaviour deemed inconsiderate includes:
Inconsiderate Driving
Inconsiderate driving can be penalised with up to a £5,000 fine, discretionary disqualification, and 3-9 penalty
points.
• Racing on the roads
• Aggressive driving
• Being avoidably and dangerously distracted by a passenger (such as looking at them)
• Driving with an arm or leg in plaster or with impaired eyesight
• Driving a vehicle that has a dangerous defect
Dangerous driving is when the standard of driving falls far below what is considered to be driving with care and
attention. It is behaviour which could cause injury or even death to other road users and includes:
Dangerous Driving
Dangerous driving can be penalised with up to 2 years’ imprisonment, an unlimited fine, obligatory
disqualification, and (if exceptionally not disqualified) 3-11 penalty points. If a death is caused by dangerous
driving, the prison penalty can be up to 14 years’ imprisonment, along with an unlimited fine. Driving a vehicle
with a dangerous defect can be penalised with a £2,500 fine (£5,000 for PCV or LGV) and up to 3 penalty
points.
• Overtaking on the inside
• Driving inappropriately close to another vehicle
• Driving through a red light
• Driving from a side road into the path of another vehicle
Careless driving is when a person’s driving falls below the expected standard of a reasonable, prudent and
competent driver. There are a number of actions which are considered careless, such as:
Careless Driving
If convicted of careless driving, the penalty is a fine up to £2,500 and 3-9 penalty points.
There are also a number of examples of driver conduct which are considered to be careless, including:
• Adjusting the car radio
• Reading (including a map)
• Lighting a cigarette
• Talking to and looking at a passenger
• Using a handheld mobile phone (whilst the vehicle is moving)
New legislation announced (June 2014) will see the
maximum penalty for using a handheld mobile
phone whilst driving go up to a fine of £4,000. The
only mitigating circumstances for physically holding
a phone during the course of its use are if you are
reporting a genuine emergency to the police, fire or
other emergency services, and if you are not able to
safely stop the vehicle in order to make the call.
The number of people found guilty of using a
handheld phone whilst driving is actually falling,
with 24,800 people convicted in 2012 compared to
32,400 the previous year. According to
Government data, the number of people convicted
of speeding is also falling. In 2012, 118,600 people
were found guilty of speeding offences. This number
has fallen every year since 2005 when 160,400
people were convicted.
For more information or if you are unsure on any
of the points above we would advise that you speak
to a specialist driving offences solicitor. At Banner
Jones our specialist team are on hand to guide you
through the process and help you to defend a
driving offence charge of this nature. There are
instances where challenges can be made but it is
crucial that you take legal advice before any other
action.
Fixed Fee
Representation

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Dangerous, Inconsiderate & Careless Driving - The Difference & The Law

  • 1. Careless Driving Guide 5 Regional offices Expert driving offence solicitors We will travel to wherever you need us 96% of our clients would recommend us to a friend 96% Over 135 years of experience Variety of specialist lawyers 135YEARS Join our Social Networks Don’t hesitate to get in touch with one of our expert driving offence solicitors for specialist advice: Phone: 0333 200 2300 Web: www.bannerjones.co.uk Why Choose Banner Jones? • Flashing lights to force other drivers to give way unnecessarily • Staying in the overtaking lane • Failing to dip headlights • Actions such as driving through a puddle to splash pedestrians Penalties Careless driving is defined as ‘driving without due care and attention’, which encompasses a number of actions whilst driving. It is not, however, what is known as ‘inconsiderate driving’, or ‘dangerous driving’. Careless driving can be further explained as being when a driver falls below what is expected of a careful and competent driver. This guide will explain the difference between inconsiderate, careless and dangerous driving, and the penalties that can be incurred if convicted of careless driving. Inconsiderate driving is when a driver behaves in a way which is detrimental to other road users or pedestrians, but without their actions being considered dangerous. Offences that fall into this category are of less severity than those classed as being careless or dangerous. Behaviour deemed inconsiderate includes: Inconsiderate Driving Inconsiderate driving can be penalised with up to a £5,000 fine, discretionary disqualification, and 3-9 penalty points. • Racing on the roads • Aggressive driving • Being avoidably and dangerously distracted by a passenger (such as looking at them) • Driving with an arm or leg in plaster or with impaired eyesight • Driving a vehicle that has a dangerous defect Dangerous driving is when the standard of driving falls far below what is considered to be driving with care and attention. It is behaviour which could cause injury or even death to other road users and includes: Dangerous Driving Dangerous driving can be penalised with up to 2 years’ imprisonment, an unlimited fine, obligatory disqualification, and (if exceptionally not disqualified) 3-11 penalty points. If a death is caused by dangerous driving, the prison penalty can be up to 14 years’ imprisonment, along with an unlimited fine. Driving a vehicle with a dangerous defect can be penalised with a £2,500 fine (£5,000 for PCV or LGV) and up to 3 penalty points. • Overtaking on the inside • Driving inappropriately close to another vehicle • Driving through a red light • Driving from a side road into the path of another vehicle Careless driving is when a person’s driving falls below the expected standard of a reasonable, prudent and competent driver. There are a number of actions which are considered careless, such as: Careless Driving If convicted of careless driving, the penalty is a fine up to £2,500 and 3-9 penalty points. There are also a number of examples of driver conduct which are considered to be careless, including: • Adjusting the car radio • Reading (including a map) • Lighting a cigarette • Talking to and looking at a passenger • Using a handheld mobile phone (whilst the vehicle is moving) New legislation announced (June 2014) will see the maximum penalty for using a handheld mobile phone whilst driving go up to a fine of £4,000. The only mitigating circumstances for physically holding a phone during the course of its use are if you are reporting a genuine emergency to the police, fire or other emergency services, and if you are not able to safely stop the vehicle in order to make the call. The number of people found guilty of using a handheld phone whilst driving is actually falling, with 24,800 people convicted in 2012 compared to 32,400 the previous year. According to Government data, the number of people convicted of speeding is also falling. In 2012, 118,600 people were found guilty of speeding offences. This number has fallen every year since 2005 when 160,400 people were convicted. For more information or if you are unsure on any of the points above we would advise that you speak to a specialist driving offences solicitor. At Banner Jones our specialist team are on hand to guide you through the process and help you to defend a driving offence charge of this nature. There are instances where challenges can be made but it is crucial that you take legal advice before any other action. Fixed Fee Representation