Causing death by driving: unlicensed ... or uninsured drivers
Part I Principal Road Safety Provisions
A person is guilty of an offence under this section if he causes the death of another person by driving a motor vehicle on a road and, at the time when he is driving, the circumstances are such that he is committing an offence under—
(a)section 87(1) of this Act (driving otherwise than in accordance with a licence),
(b)F21... or
(c)section 143 of this Act (using motor vehicle while uninsured F22...).F19]
“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“motor vehicle” means, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision about invalid carriages, within the meaning of that Act), a mechanically propelled vehicle intended or adapted for use on roads, and
Defined in s.185(1) · see it in the full Act“road”
Defined in s.192(1) · see it in the full ActThe section requires an act or omission in the defendant’s driving which is open to proper criticism and contributes more than minimally to the death. Mere involvement in a fatal collision, or “but for” causation alone, is insufficient. Careless or inconsiderate driving need not be proved (see paras [28]; [32]-[33]; [36]).
The court treated section 3 ZB as creating two distinct offences: causing death by driving whilst unlicensed and causing death by driving whilst uninsured. Charging both in one count made counts 2 and 3 duplicitous, but the defect did not make the convictions unsafe where no injustice or unfairness resulted. (see para [12])
The court applied section 3ZB as requiring fault in an act or omission in controlling the vehicle which contributed more than minimally to the death. Mere uninsured driving and causal involvement in a fatal accident did not establish the offence. This showed that both appellants had viable defences. (see paras [6]; [20]-[21])
What each judgment says about section 3ZB is in the case-law panel in the full Act.