Road Traffic Act 1988, section 2A

Meaning of dangerous driving

Part I Principal Road Safety Provisions

(1)For the purposes of sections 1 [F5 , 1AF5] and 2 above a person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)—

(a)the way he drives falls far below what would be expected of a competent and careful driver, and

(b)it would be obvious to a competent and careful driver that driving in that way would be dangerous.

[F6 But this subsection does not apply where subsection (1B) applies.F6]

[F7 (1A)Subsection (1B) applies where a designated person—

(a)is driving for police purposes (subject to subsections (1E) and (1F)), and

(b)has undertaken prescribed training.

(1B)For the purposes of sections 1, 1A and 2 above, the designated person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)—

(a)the way the person drives falls far below what would be expected of a competent and careful constable who has undertaken the same prescribed training, and

(b)it would be obvious to such a competent and careful constable that driving in that way would be dangerous.

(1C) In subsections (1A) and (1B) “designated person” means—

(a)a constable,

(b)a member of staff appointed by the chief officer of police of a police force in England and Wales,

(c)a member of staff appointed by a local policing body and employed to assist a police force in England and Wales,

(d)a member of staff appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8),

(e)an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003,

(f)a person employed or engaged by—

(i)a chief officer of police,

(ii)the British Transport Police Authority,

(iii)the Civil Nuclear Police Authority,

(iv)the chief constable for the Ministry of Defence Police, or

(v)the Scottish Police Authority,

to train a person within any of paragraphs (a) to (e) to drive for police purposes,

(g)a person employed or engaged by a person within paragraph (f)(i) to (v) to train another person to carry out training of the kind mentioned in that paragraph,

(h)a National Crime Agency officer, or

(i)a person engaged by the National Crime Agency—

(i)to train a National Crime Agency officer to drive for law enforcement purposes, or

(ii)to train another person to carry out training of the kind mentioned in sub-paragraph (i).

(1D) In subsection (1C)(a) “constable” does not include a port constable within the meaning of section 7 of the Marine Navigation Act 2013 or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964 .

(1E)In the case of a National Crime Agency officer, the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for law enforcement purposes.

(1F)In the case of a person within paragraph (i) of subsection (1C), the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for the purpose of the training mentioned in that paragraph.F7]

(2)A person is also to be regarded as driving dangerously for the purposes of sections 1 [F5 , 1AF5] and 2 above if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.

(3) In subsections (1) [F8 , (1B) F8] and (2) above “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those subsections what would be expected of, or obvious to, a competent and careful driver [F9 or constable (as the case may be) F9] 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)In determining for the purposes of subsection (2) above the state of a vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried.F4]

Definitions used in section 2A 4

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
driver

“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
prescribed

“prescribed” (except in section 5A) means prescribed by regulations made by the Secretary of State,

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

3 (1) Where proceedings are brought in England and Wales against a person (referred to below in this paragraph as “the accused”) in respect of a contravention of section 15A, 17 or 18(4) of this Act and it is proved—

(a) that the contravention was due to the act or default of some other person, being an act or default which took place in Scotland, and

(b) that the accused used all due diligence to secure compliance with that section,

Defined in Sch.1 para.3(1) · see it in the full Act

(2) Where a person (referred to in this sub-paragraph as “the accused") who is charged in Scotland with a contravention of section 15A, 17 or 18(4) of this Act proves to the satisfaction of the court—

(a) that he used all due diligence to secure that the provision in question was complied with, and

(b) that the contravention was due to the act or default of some other person,

Defined in Sch.1 para.4(2) · see it in the full Act

Cases considering section 2A 20

Kai Nathanial Holder v R

[2023] EWCA Crim 5 · 13 January 2023Interprets

The court treated section 2A as the exhaustive definition of dangerous driving. It held that the statutory inquiry is objective but requires consideration of the circumstances of the particular driving. (see paras [12]; [17]; [19]-[20]) The court applied both limbs of the dangerous-driving test. The jury could find that the driving fell far below the required standard and that the risk of injury was obvious when speed, backward looking and the unhelmeted passenger were considered together. (see paras [18]; [20]-[22]) The court interpreted the requirement to have regard to expected and actual knowledge broadly. It permits consideration of both physical driving manoeuvres and their wider context in deciding both limbs of section 2A(1). (see paras [19]-[21])

Muhammed, R. v

[2021] EWCA Crim 802 · 28 May 2021

The court treated section 2A as permitting a restraint deficiency to be relevant to dangerous driving in an appropriate context. The statutory test formed part of the basis for rejecting the second ground of appeal (see paras [32]; [38]). The court applied section 2A(2): a person may be regarded as driving dangerously where it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous. This supported the conclusion that an occupant-restraint deficiency can be relevant (see para [38]).

McCracken v Smith & Ors

[2015] EWCA Civ 380 · 22 April 2015Defines

The court used the statutory objective test for dangerous driving and rejected the suggestion that its objective character made the offence strict liability. The claimant’s awareness of the relevant facts meant the strict-liability exception did not apply. (see para [43])

What each judgment says about section 2A is in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F4Ss. 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.
  2. F5Word in s. 2A(1)(2) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 143(3), 151(1); S.I. 2012/2770, art. 2(b)
  3. F6Words in s. 2A(1) inserted (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 5(2), 208(1) (with s. 5(5)); S.I. 2022/1075, reg. 3(a)
  4. F7S. 2A(1A)-(1F) inserted (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 5(3), 208(1) (with s. 5(5)); S.I. 2022/1075, reg. 3(a)
  5. F8Word in s. 2A(3) inserted (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 5(4)(a), 208(1) (with s. 5(5)); S.I. 2022/1075, reg. 3(a)
  6. F9Words in s. 2A(3) inserted (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 5(4)(b), 208(1) (with s. 6(5)); S.I. 2022/1075, reg. 3(a)