What is driving without due care and attention & what are the consequences?
11/08/2022 00:00:0011/08/2022 00:00:00What is driving without due care and attention & what are the consequences?Bluedrop Services
Driving without due care and attention, also known as careless driving, is one of the most commonly issued road traffic offences. A person can be found guilty of driving without due care and attention if they fail to pay proper attention, even when there is no physical contact between the vehicle and another object or person.
What is the legal definition of driving without due care and attention?
Section 3 of The Road Traffic Act 1988 specifies that driving a mechanically propelled vehicle on a road or other public place is an offence if done “without due care and attention or without reasonable consideration for other persons using the road or place”.Legally, driving without due care and attention is defined as:1. Driving that falls below the standard expected of a competent driver; or2. Driving that does not show reasonable consideration for other persons using the road or pathways.A driver may be found guilty for many different reasons. Some examples of driving without due care and attention are:- Driving whilst eating or drinking
- Following too closely behind another driver
- Changing a CD
- Driving through a red light
- An accident involving a pedestrian
- Undertaking
- Driving into the path of another vehicle after emerging from a side road
- Taking up the middle lane
- Smoking while driving
- Getting distracted by passengers
- Focusing too long on the sat nav rather than the road
- Causing an accident due to a lack of concentration
Drivers charged with driving without due care and attention will receive a penalty notice or court summons with the endorsement code CD10. Careless driving does not cover drink-driving, speeding, driving while under the influence of drugs, or driving while on a mobile phone. These are all separate offences with their own code.What happens if you get caught driving without due care and attention?As a driver, it is your responsibility to be considerate of others on the road. This means that you must take your driving duties seriously and be aware of your surroundings and potential hazards at all times.If you're caught driving without due care and attention, it's a criminal offence. The offence can be dealt with through insurance companies if it's an accident, but in the case of criminal prosecution, the police will issue a Notice of Intended Prosecution (NIP) or summon you to Court.It is essential that you contact us at this stage so we can advise you on the steps to take. The sooner we can get involved and guide you through the process, the more likely it is that we can help minimise any damage to your record or reputation.What is the penalty for driving without due care and attention?Over 75 penalty endorsements exist in the UK, and driving without due care and attention is one of the most commonly issued. If you are caught driving carelessly, you could be fined up to £5,000 and given three to nine penalty points on your licence. The penalty points will then remain on your licence for 4 years.The outcomes mentioned above will all depend on how the careless driving charge is handled. When the police accuse you of driving without due care and attention, one of two things will happen. Either:- You will be given a fixed penalty notice (either by mail or on the roadside); or
- You will have to appear in court
Police usually issue fixed penalty notices that come with three penalty points and a fine of £100 or £200. You may be given the option to attend a driver improvement course instead, but it is at the discretion of the police.If your case goes to court, the court will determine the punishment. The court can impose a more severe penalty than the police, with the maximum penalty being nine points and a fine of up to £5,000.Will I get banned for driving without due care and attention?
You could be disqualified from driving if your case goes to court. If this happens, the court will decide how long the disqualification period should last based on the circumstances of your case. The judge might give you a temporary disqualification. Or, if you’ve been convicted more than once before, the judge might give you an indefinite disqualification. A lifetime ban from the road is uncommon; but can be imposed if the courts consider the driver a danger.If you are involved in an accident as a result of driving without due care and attention, then you may also face prosecution for dangerous driving. This carries similar penalties to those for careless driving, but can also carry additional penalties depending on whether or not anyone was injured in the incident or if damage was caused to other vehicles or property.Careless drivers could face higher car insurance rates
Those who drive carelessly or without due care and attention are seen by insurance companies as accidents waiting to happen. Therefore, it's no surprise that those convicted of driving without due care and attention see a large increase in their insurance. Car insurance premiums for convicted drivers typically increase by almost 30%. Since penalty points remain on a driver's licence for a minimum of four years, the increase in insurance can often exceed the original fine.We hope that the information provided here will help drivers better understand what driving without due care and attention means, as well as the potential consequences of breaking this law. It's best to avoid these problems by taking your driving responsibilities seriously.Return to blog menuWant to find out more about Bluedrop's Fleet Insurance?
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