Road Traffic Act 1988, section 3ZA

Meaning of careless, or inconsiderate, driving

Part I Principal Road Safety Provisions

(1)This section has effect for the purposes of sections 2B [F14 , 2CF14] and 3 above and section 3A below.

(2)A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver. [F15 But this subsection does not apply where subsection (2B) applies.F15]

[F16 (2A)Subsection (2B) applies where a designated person—

(a)is driving for police purposes (subject to subsections (2E) and (2F)), and

(b)has undertaken prescribed training.

(2B)The designated person is to be regarded as driving without due care and attention if (and only if) the way the person drives falls below what would be expected of a competent and careful constable who has undertaken the same prescribed training.

(2C) In subsections (2A) and (2B) “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).

(2D) In subsection (2C)(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 .

(2E)In the case of a National Crime Agency officer, the reference in subsection (2A)(a) to driving for police purposes is to be read as a reference to driving for law enforcement purposes.

(2F)In the case of a person within paragraph (i) of subsection (2C), the reference in subsection (2A)(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.F16]

(3)In determining for the purposes of subsection (2) [F17 or (2B)F17] above what would be expected of a careful and competent driver [F18 or constable (as the case may be)F18] 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)A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving.F13]

Definitions used in section 3ZA 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 3ZA 7

Campbell v R

[2009] EWCA Crim 2459 · 27 November 2009Defines

The court identified the statutory standard for driving without due care and attention as driving falling below that expected of a careful and competent driver. It used that standard as the legal context for assessing the seriousness of the driving. (see paras [2]; [32]) The court applied the requirement to consider both circumstances of which a careful and competent driver could be aware and circumstances shown to have been known to the accused. That requirement informed the objective assessment of sentencing category. (see paras [2]; [32]) Cited only.

Jones v Crown Prosecution Service & Anor

[2019] EWHC 2826 (Admin) · 24 October 2019Interprets

The provision supplies the statutory meaning of driving without due care and attention. The judgment holds that its focus is the way the defendant drives, while the defendant’s physical condition remains relevant but cannot alone establish the offence (see paras [20]-[22], [33]-[34]). The provision requires the way the defendant drives to fall below what would be expected of a competent and careful driver. That requirement prevents a careless-driving conviction based solely on the driver’s physical condition (see paras [21]-[22], [33]-[34]). The provision permits regard to circumstances of which the accused could be expected to be aware and circumstances shown to have been within the accused’s knowledge. It makes the driver’s condition relevant and admissible, but not sufficient without proof that the manner of driving was careless (see paras [22], [34]).

Torpey, R (On the Application Of) v Director of Public Prosecutions

[2019] EWHC 1804 (Admin) · 10 July 2019

Applies the statutory standard for careless driving, namely driving below what would be expected of a competent and careful driver. The court held that the CPS had not adequately assessed whether the overtaking manoeuvre met that standard (see paras [23], [55]-[57]).

What each judgment says about section 3ZA is in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F13S. 3ZA inserted (24.9.2007 for certain purposes and otherwise 18.8.2008) by Road Safety Act 2006 (c. 49), ss. 30, 61; S.I. 2007/2472, art. 2(h); S.I. 2008/1918, art. 2
  2. F14Word in s. 3ZA(1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 87(2), 208(5)(i)
  3. F15Words in s. 3ZA(2) inserted (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 6(2), 208(1) (with s. 6(5)); S.I. 2022/1075, reg. 3(b)
  4. F16S. 3ZA(2A)-(2F) inserted (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 6(3), 208(1) (with s. 6(5)); S.I. 2022/1075, reg. 3(b)
  5. F17Words in s. 3ZA(3) inserted (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 6(4)(a), 208(1) (with s. 6(5)); S.I. 2022/1075, reg. 3(b)
  6. F18Words in s. 3ZA(3) inserted (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 6(4)(b), 208(1) (with s. 6(5)); S.I. 2022/1075, reg. 3(b)