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Section 21 Causing death by driving: unlicensed, disqualified or uninsured driversI1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In the Road Traffic Act 1988 (c. 52), after section 3ZA (inserted by section 30) insert—

“Causing death by driving: unlicensed, disqualified or uninsured drivers

3ZB

A person is guilty of an offence under this section if he causes the death of another person by driving a motor vehicle on a road and, at the time when he is driving, the circumstances are such that he is committing an offence under—

(a)

section 87(1) of this Act (driving otherwise than in accordance with a licence),

(b)

section 103(1)(b) of this Act (driving while disqualified), or

(c)

section 143 of this Act (using motor vehicle while uninsured or unsecured against third party risks).”

(2)

In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 53) (offences to which certain sections apply), after the entry relating to section 3 of the Road Traffic Act 1988 insert—

“

RTA section 3ZBCausing death by driving: unlicensed, disqualified or uninsured drivers.Sections 11 and 12(1) of this Act.

”

(3)

In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 3 of the Road Traffic Act 1988 insert—

“

RTA section 3ZBCausing death by driving: unlicensed, disqualified or uninsured drivers.(a) Summarily.(a) 12 months (in England and Wales) or 6 months (in Scotland) or the statutory maximum or both.Obligatory.Obligatory.3-11
  (b) On indictment.(b) 2 years or a fine or both.   

”

(4)

In sections 16(1)(a)(ii) and 17(1)(b) and (2)(b) of the Coroners Act 1988 (c. 13) (informing coroners)—

(a)

before “or 3A” insert “ , 3ZB ”, and

(b)

before “or careless” insert “ , unlicensed, disqualified or uninsured drivers ”.

(5)

In paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (c. 32) (offences where notice must be given to authority of State in which offender is normally resident), after paragraph (c) insert—

“(ca)

section 3ZB (causing death by driving: unlicensed, disqualified or uninsured drivers),”.

Annotations

Commencement

I1

S. 21 in force at 18.8.2008 by S.I. 2008/1918, art. 2(b)