The actus reus of dangerous driving is driving in a manner which falls far below what would be expected of a competent and careful driver in circumstances in which it would be obvious to a competent and careful driver that driving in that way would be dangerous. “Dangerous” refers to a danger either of personal injury to any person or of serious damage to property.
The actus reus of careless driving is driving in a manner that falls below what would be expected of a careful and competent driver. This may merely cause annoyance or show lack of consideration, with little risk of injury or serious damage.
The difference between the two types of offence is the extent to which the offender’s driving falls below the required driving standard; namely “far below” for dangerous driving but merely “below” for careless driving.
The CPS website lists a few examples of what is, arguably, careless driving:
- overtaking on the inside
- driving too close to another vehicle
- driving through a red light by mistake
- turning into the path of another vehicle
- the driver being avoidably distracted by tuning the radio, lighting a cigarette etc.
- flashing lights to force other drivers to give way
- misusing lanes to gain advantage over other drivers
The Magistrates Court Sentencing Guideline lists the following culpability factors for careless driving:
- Excessive speed or aggressive driving
- Carrying out other tasks while driving
- Tiredness or driving whilst unwell
- Driving contrary to medical advice (including written advice from the drug manufacturer not to drive when taking any medicine)
Similarly, the CPS website lists some examples of what is, arguably, dangerous driving:
- racing, going too fast, or driving aggressively
- ignoring traffic lights, road signs or warnings from passengers
- overtaking dangerously
- driving under the influence of drink or drugs, including prescription drugs
- driving when unfit, including having an injury, being unable to see clearly, not taking prescribed drugs, or being sleepy
- knowing the vehicle has a dangerous fault or an unsafe load
- the driver being avoidably and dangerously distracted, for example by using a hand-held phone
- lighting a cigarette, changing a CD or tape, tuning the radio
The MCSG lists the following culpability factors for dangerous driving:
- Disregarding warnings of others
- Evidence of alcohol or drugs
- Carrying out other tasks while driving
- Carrying passengers or heavy load
- Tiredness
- Aggressive driving, such as driving much too close to vehicle in front, racing, inappropriate attempts to overtake, or cutting in after overtaking
- Driving when knowingly suffering from a medical condition which significantly impairs the offender’s driving skills
- Driving a poorly maintained or dangerously loaded vehicle, especially where motivated by commercial concerns