(1)After section 3ZB of the Road Traffic Act 1988 insert—
A person is guilty of an offence under this section if he or she—
(a)causes the death of another person by driving a motor vehicle on a road, and
(b)at that time, is committing an offence under section 103(1)(b) of this Act (driving while disqualified).
(1)A person is guilty of an offence under this section if he or she—
(a)causes serious injury to another person by driving a motor vehicle on a road, and
(b)at that time, is committing an offence under section 103(1)(b) of this Act (driving while disqualified).
(2)In this section “serious injury” means—
(a)in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and
(b)in Scotland, severe physical injury.”
(2)In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts) at the appropriate place insert—
| “RTA section 3ZC | Causing death by driving: disqualified drivers | On indictment | 10 years or a fine or both | Obligatory | Obligatory | 3-11 |
| RTA section 3ZD | Causing serious injury by driving: disqualified drivers | (a) Summarily | (a) On conviction in England and Wales: 12 months or a fine or both. On conviction in Scotland: 12 months or the statutory maximum or both. | Obligatory | Obligatory | 3-11 |
| (b) On indictment | (b) 4 years or a fine or both”. |
(3)In the entries in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 relating to an offence under section 3ZD of the Road Traffic Act 1988—
(a)in relation to an offence committed before [F12 May 2022], the reference in column 4 to [F2the general limit in a magistrates’ court] on summary conviction in England and Wales is to be read as a reference to 6 months, and
(b)in relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in column 4 to a fine on summary conviction in England and Wales is to be read as a reference to the statutory maximum.
(4)Schedule 6 to this Act contains further amendments relating to the offences under sections 3ZC and 3ZD of the Road Traffic Act 1988.
(5)The amendments made by this section and Schedule 6 have effect only in relation to driving which occurs after they come into force.
Textual Amendments
F1Words in s. 29(3)(a) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
F2Words in s. 29(3)(a) substituted (E.W.) (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
Commencement Information
I1S. 29 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 24