Road Traffic Act 1988, section 2

Dangerous driving

Part I Principal Road Safety Provisions

Definitions used in section 2 3

drive

“driver”, where a separate person acts as a steersman of a motor vehicle, includes (except for the purposes of section 1 of this Act ) that person as well as any other person engaged in the driving of the vehicle, and “drive” is to be interpreted accordingly,

Defined in s.192(1) · see it in the full Act
mechanically propelled vehicle

(aa) in subsection (1) “mechanically propelled vehicle” does not include a vehicle falling within paragraph (a), (b) or (c) of section 189(1) of this Act ,

Defined in s.21(3) · see it in the full Act
road

“road”

Defined in s.192(1) · see it in the full Act

Cases considering section 2 20

R v Fabio Calaca Santos

[2026] EWCA Crim 676 · 7 May 2026

The court applied the dangerous-driving provision in assessing the lead offence and the seriousness of the appellant’s repeated dangerous driving. The offence was treated as the principal component of the overall sentence, subject to the statutory maximum and subsequent restructuring (see paras [1], [9], [26], [28]-[35]).

Muhammed, R. v

[2021] EWCA Crim 802 · 28 May 2021

The court relied on the provision allowing regard to be had to anything attached to or carried on or in a vehicle, and the manner of attachment or carriage, when assessing its state. It reinforced the relevance of inadequate passenger restraint (see para [38]).

McCracken v Smith & Ors

[2015] EWCA Civ 380 · 22 April 2015

The court applied section 2 to establish that dangerous driving is a criminal offence capable of amounting to turpitude for the illegality defence. (see para [43])

1 more judgment, and what each says about section 2, are in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F3Ss. 1- 2A substituted (1.7.1992) for ss. 1-2 by Road Traffic Act 1991 (c. 40, SIF 107:1), s.1; S.I. 1992/1286, art. 2,Sch.