Road Traffic Act 1988, section 2B

Causing death by careless, or inconsiderate, driving

Part I Principal Road Safety Provisions

A person who causes the death of another person by driving 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, is guilty of an offence.F10]

Definitions used in section 2B 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 2B 14

Holman, R. v

[2010] EWCA Crim 107 · 21 January 2010Disapplies

The court treated the new causing-death-by-careless-driving offence as unavailable because it was not in force when the offence was committed. The fatal consequence instead required a very significant uplift from the ordinary careless-driving fine guideline. (see paras [14]-[17])

Larke, R v

[2009] EWCA Crim 870 · 3 April 2009

The court treated section 2B as creating the offence of causing death by careless driving and noted its maximum sentence of five years’ imprisonment. Parliament’s enactment of the provision supported a custodial sentence, but did not justify an excessive immediate term in the circumstances (see paras [1]; [7]; [14]).

R v Christopher McCann

[2026] EWHC 1795 (KB) · 21 July 2026

The alleged offence requires the driving to have taken place on a road or other public place. The court applied the public-access test and concluded that the judge had not misdirected himself. (see paras [4], [16], [68]-[70], [76]-[78])

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

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F10S. 2B inserted (18.8.2008) by Road Safety Act 2006 (c. 49), ss. 20(1), 61(1) (with s. 61(4)(5)); S.I. 2008/1918, art. 2