Causing Death by Driving: Unlicensed or Uninsured (Section 3ZB Road Traffic Act 1988)

Causing Death by Driving: Unlicensed or Uninsured is an offence under s.3ZB Road Traffic Act 1988. A person is guilty of the offence 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 s.87(1) (driving otherwise than in accordance with a licence) or s.143 (using a motor vehicle while uninsured) (s.3ZB). The Criminal Justice and Courts Act 2015 omitted paragraph (b), disqualified drivers, from s.3ZB on 13 April 2015 and created the separate, more serious offence under s.3ZC. Maximum sentence: on summary conviction, imprisonment up to the general limit in a magistrates' court (12 months for an offence triable either way: Sentencing Act 2020, s.224(1A)(b)) or a fine not exceeding the statutory maximum or both; on conviction on indictment, 2 years' imprisonment or a fine or both (Road Traffic Offenders Act 1988, Schedule 2, Part I).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. Fatal road traffic collisions require forensic collision investigation. The driver must be cautioned and is entitled to legal representation. Scene preservation is critical. Consider whether an FLO (Family Liaison Officer) should be deployed. 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).