If a person 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, he is guilty of an offence.F12]
Definitions used in section 3 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 3 14
Muhammad v East London Magistrates' Court
Applies the objective test for driving without due care and attention: the manner of driving must fall below the standard expected of a competent and careful driver. The court held that the evidence established the offence on the facts. (see paras [1], [16], [25]-[28])
Jones v Crown Prosecution Service & Anor
The provision establishes the careless and inconsiderate driving offence. The judgment interprets it with section 3ZA and holds that the offence requires proof concerning the manner of driving (see paras [20]-[22], [33]-[35]).
May v Director of Public Prosecutions
The court applies section 3 by requiring the prosecution to prove beyond reasonable doubt that the careless driving occurred in a public place. The garage car park satisfied that requirement because access was generally available during opening hours and there was no selective process. (see paras [1]; [8]-[10])
- Plunkett, R (on the application of) v Director of Public Prosecutions
- R v Hughes
- Regina v. Police Complaints Authority (Respondents) ex parte Green (FC) (Appellant)
- Williams, R. v
- Cooksley & Anor v R
- Director of Public Prosecutions v Steven Ward
- Simon Wiltshire, R (on the application of) v Crown Court at Bristol
- Spicer v Commissioner of Police for the Metropolis
- A, R (On the Application of) v Chief Constable of B Constabulary
- Director of Public Prosecutions v Alexander
1 more judgment, and what each says about section 3, are in the case-law panel in the full Act.
Amendments and notes
1 notes from legislation.gov.uk
Amendments
- F12S. 3 substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 2; S.I. 1992/1286, art. 2,Sch.