driving without due care and attention
{{Short description|Type of moving traffic violation}}
Driving without due care and attention or careless driving is a legal term for a particular type of moving traffic violation related to aggressive driving in the United States, Canada (at least in Ontario{{cite web| url = https://www.ontario.ca/page/understanding-demerit-points| title = Understanding demerit points {{!}} ontario.ca}} ), the United Kingdom, and Ireland. It is often punishable by fines or endorsements like suspensions on a driver's license.
It is usually a less serious offence than reckless driving (United States, Canada) or dangerous driving (United Kingdom, Canada).
United Kingdom
In England and Wales and Scotland this offence was created by section 3 of the Road Traffic Act 1988 (as substituted by section 2 of the Road Traffic Act 1991). It carries a punishment of between three and nine penalty points[https://www.gov.uk/penalty-points-endorsements/removing-expired-endorsements-from-your-driving-licence "Penalty points (endorsements): Removing expired endorsements from your driving record"]. GOV.UK. Accessed 25 July 2020. and a fine of up to £5,000.{{cite web|url=http://www.motorlawyers.co.uk/offences/careless_driving.htm|title=Careless Driving / Driving Without Due Care and Attention|publisher=motorlawyers.co.uk|access-date=5 January 2012}}
The Road Traffic Act 1991 amended the same act to insert section 3A, which creates the offence of "causing death by careless driving when under the influence of drink or drugs", punishable by up to 14 years in prison with mandatory disqualification and 3–11 penalty points. The Road Safety Act 2006 additionally inserted section 2A, creating the offence of "causing death by careless or inconsiderate driving", without the requirement of intoxication; the sentence is 12 months' imprisonment (6 in Scotland) plus a fine up to the statutory maximum on summary conviction, or 5 years' imprisonment and/or a fine on indictment, plus mandatory disqualification and 3–11 penalty points.
Examples of concentration lapses include being distracted by passengers, adjusting the radio and looking at satellite navigation systems (GPS). It is not necessary for a collision or other incident to occur for the offence to be prosecuted.{{cite web |url=https://www.rac.co.uk/drive/advice/legal/driving-without-due-care-and-attention/ |title=Driving without due care and attention - our guide to staying safe |date=23 January 2018 |publisher=Royal Automobile Club |access-date=25 July 2020}} For example, a close pass of a cyclist (contrary to Highway Code rule 163), typically defined as passing within 1.5 metres, is frequently prosecuted as careless driving regardless of actual attention;{{cite web |url=https://www.west-midlands.police.uk/your-options/close-pass-cycling |title=Close pass cycling |publisher=West Midlands Police |access-date=25 July 2020 |archive-date=25 July 2020 |archive-url=https://web.archive.org/web/20200725153711/https://www.west-midlands.police.uk/your-options/close-pass-cycling |url-status=dead }} in extreme cases, convictions of dangerous driving for close passing without contact have survived appeal.{{cite news |url=https://www.cyclingweekly.com/news/latest-news/dangerous-driving-conviction-upheld-close-pass-despite-appeal-441390 |title= Dangerous driving conviction upheld for close pass despite appeal |first=Michelle |last=Arthurs-Brennan |work=Cycling Weekly |date=October 28, 2019 |access-date=25 July 2020}}{{cite web |title=Careless Driving Under the Highway Traffic Act |url=https://www.otdlegal.ca/practice-areas/careless-driving-tickets/highway-traffic-act/ |access-date=2 July 2024 |website=OTD Legal }}
See also
References
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