Careless or Inconsiderate Driving (Section 3 Road Traffic Act 1988)

Careless or Inconsiderate Driving is an offence under s.3 Road Traffic Act 1988. A person commits the offence if he drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place (s.3). A person drives 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, having regard 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 (s.3ZA(2) and (3)); a different standard, that of a competent and careful constable who has undertaken the same prescribed training, applies to a designated person who is driving for police purposes and has undertaken prescribed training (s.3ZA(2A) and (2B)). A person drives without reasonable consideration for other persons only if those persons are inconvenienced by his driving (s.3ZA(4)). Maximum sentence: triable summarily only, a fine of level 5 on the standard scale, with discretionary disqualification, obligatory endorsement and 3 to 9 penalty points (Road Traffic Offenders Act 1988, Schedule 2).

In practice

This is a summary-only offence: it must be tried at the magistrates' court. Police may charge without CPS authority for summary offences. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).