Section 30 Meaning of driving without due care and attentionI1I2

In the Road Traffic Act 1988, after section 3 insert—

“Meaning of careless, or inconsiderate, driving

3ZA

(1)

This section has effect for the purposes of sections 2B and 3 above and section 3A below.

(2)

A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.

(3)

In determining for the purposes of subsection (2) above what would be expected of a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

(4)

A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving.”