PART 5Road traffic
Road traffic offences
I186Causing death by dangerous driving or careless driving when under the influence of drink or drugs: increased penalties
1
Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts) is amended as follows.
2
In the entry relating to section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), in column (4) (punishment), for “14 years” substitute “Imprisonment for life”
.
3
In the entry relating to section 3A of the Road Traffic Act 1988 (causing death by careless driving when under influence of drink or drugs), in column (4) (punishment), for “14 years” substitute “Imprisonment for life”
.
4
Section 34 of the Road Traffic Offenders Act 1988 (disqualification for certain offences) is amended as follows.
5
In subsection (3), in the words after paragraph (d)—
a
after “the offence” insert “(“the new offence”)”
;
b
for “three years” substitute “the period specified in subsection (3A)”
.
6
After subsection (3) insert—
3A
The period is—
a
six years, where—
i
an offence of which the person was convicted within the ten years mentioned in subsection (3) falls within paragraph (aa) of that subsection, and
ii
the new offence also falls within that paragraph;
b
in any other case (but subject to subsection (4ZA)), three years.
7
In subsection (4)—
a
in the words before paragraph (a), after “(3) above” insert “and subsection (4ZA) below”
;
b
in paragraph (a)—
i
omit sub-paragraph (ii) (and the “or” after it);
ii
in sub-paragraph (iia), for “that Act” substitute “the Road Traffic Act 1988”
;
iii
omit sub-paragraph (iii) (and the “or” before it, but not the “and” after it).
8
After subsection (4) insert—
4ZA
Subsection (1) shall apply as if the reference to twelve months were a reference to five years in relation to a person convicted of—
a
an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), or
b
an offence under section 3A of that Act (causing death by careless driving when under the influence of drink or drugs),
but this is subject to subsection (3) in cases within paragraph (a) of subsection (3A).
9
A provision of this section does not apply in relation to offences committed before the provision comes into force.
I387Causing serious injury by careless, or inconsiderate, driving
1
In the Road Traffic Act 1988, after section 2B (causing death by careless, or inconsiderate, driving) insert—
2CCausing serious injury by careless, or inconsiderate, driving
1
A person who causes serious injury to 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.
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 section 3ZA of that Act (meaning of careless, or inconsiderate, driving), in subsection (1), after “sections 2B” insert “, 2C”
.
3
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 2B of the Road Traffic Act 1988 insert—
RTA section 2C
Causing serious injury by careless, or inconsiderate, driving
(a) Summarily
(a) On conviction in England and Wales: 12 months or a fine or both
Obligatory
Obligatory
3-11
On conviction in Scotland: 12 months or the statutory maximum or both
(b) On indictment
(b) 2 years or a fine or both
4
In the entries in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 relating to an offence under section 2C of the Road Traffic Act 1988 (causing serious injury by careless, or inconsiderate, driving), in relation to an offence committed before paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, the reference in column (4) (punishment) to 12 months on summary conviction in England and Wales is to be read as a reference to 6 months.
I288Road traffic offences: minor and consequential amendments
Schedule 8 contains amendments relating to sections 86 and 87.