Dangerous driving, careless driving and causing death or serious injury by driving
Dangerous driving (Road Traffic Act 1988 s.2) carries up to 2 years and an obligatory ban with extended retest; careless driving (s.3) carries an unlimited fine and 3 to 9 points. Causing death by dangerous driving (s.1) or by careless driving under the influence (s.3A) carries up to life imprisonment for offences from 28 June 2022.
The offences
- Dangerous driving (Road Traffic Act 1988 s.2): the driving falls far below what would be expected of a competent and careful driver, and it would be obvious to such a driver that driving that way would be dangerous (s.2A). Driving an obviously dangerous vehicle also counts.
- Careless driving (s.3): the driving falls below that standard. Inconsiderate driving means others were inconvenienced (s.3ZA).
- Where someone dies or suffers serious injury (grievous bodily harm), separate offences apply: causing death or serious injury by dangerous driving (ss.1, 1A) or careless driving (ss.2B, 2C); death by careless driving under the influence of drink or drugs (s.3A); death while unlicensed or uninsured (s.3ZB); and death or serious injury while disqualified (ss.3ZC, 3ZD). For ss.3ZB and 3ZC there must be some fault in the driving that contributed to the death (R v Hughes [2013] UKSC 56).
Maximum sentences
- Life: ss.1 and 3A, for offences committed on or after 28 June 2022 (previously 14 years); 10 years: s.3ZC. All Crown Court only.
- 5 years: ss.1A and 2B. 4 years: s.3ZD. 2 years: ss.2, 2C and 3ZB. All either way; the magistrates' court can impose up to 12 months (for dangerous driving committed before 2 May 2022, 6 months).
- Careless driving: summary only, unlimited fine.
- Causing serious injury by careless driving (s.2C) applies only to driving on or after 28 June 2022.
Disqualification and retest
Every offence above except careless driving carries obligatory disqualification (Road Traffic Offenders Act 1988 s.34): at least 12 months; 2 years for ss.1A, 3ZC and 3ZD; 5 years for ss.1 and 3A (offences from 28 June 2022). Longer minimums apply to some repeat offenders. An extended retest is compulsory after ss.1, 1A, 2, 3ZC and 3ZD (s.36). Careless driving carries 3 to 9 points or a discretionary ban.
Sentencing
Under the Sentencing Council guideline (from 1 July 2023), causing death by dangerous driving has starting points of 12, 6 or 3 years by culpability, within a 2 to 18 year range. For convictions from 22 March 2026, a prison term of 12 months or less must usually be suspended.
Notice of intended prosecution
For dangerous and careless driving, the driver must be warned at the time, or a summons or notice served on the driver or registered keeper within 14 days (RTOA 1988 s.1), unless an accident occurred at the time owing to the vehicle's presence on the road (s.2).
Changes not yet in force
Crime and Policing Act 2026 s.141 creates offences of causing death or serious injury by dangerous or careless cycling (maximum life for causing death by dangerous cycling). Not yet in force.
In practice
Whether driving was careless or dangerous is often the key dispute. Early advice from a solicitor matters.
Authorities: Road Traffic Act 1988 ss.1, 1A, 2, 2A, 2B, 2C, 3, 3ZA, 3ZB, 3ZC, 3ZD, 3A; Road Traffic Offenders Act 1988 ss.1, 2, 34, 36 and Schs.1, 2; Criminal Justice Act 2003 ss.281(7), 282 (in force 2 May 2022); Police, Crime, Sentencing and Courts Act 2022 ss.86, 87 (in force 28 June 2022); Crime and Policing Act 2026 s.141 (not yet in force); Sentencing Act 2026 s.1; R v Hughes [2013] UKSC 56; Sentencing Council, Causing death by dangerous driving, Dangerous driving, Causing serious injury by careless or inconsiderate driving, Causing death by careless or inconsiderate driving and Careless driving guidelines; CPS, Road Traffic - Fatal Offences and Bad Driving