Road Traffic Act 1988

[F1 2A Meaning of dangerous driving. E+W+S

(1) For the purposes of sections 1 [F2 , 1A] and 2 above a person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)—

(a) the way he drives falls far below what would be expected of a competent and careful driver, and

(b) it would be obvious to a competent and careful driver that driving in that way would be dangerous.

[F3 But this subsection does not apply where subsection (1B) applies.]

[F4 (1A) Subsection (1B) applies where a designated person—

(a) is driving for police purposes (subject to subsections (1E) and (1F)), and

(b) has undertaken prescribed training.

(1B) For the purposes of sections 1, 1A and 2 above, the designated person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)—

(a) the way the person drives falls far below what would be expected of a competent and careful constable who has undertaken the same prescribed training, and

(b) it would be obvious to such a competent and careful constable that driving in that way would be dangerous.

(1C) In subsections (1A) and (1B) “designated person” means—

(a) a constable,

(b) a member of staff appointed by the chief officer of police of a police force in England and Wales,

(c) a member of staff appointed by a local policing body and employed to assist a police force in England and Wales,

(d) a member of staff appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8),

(e) an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003,

(f) a person employed or engaged by—

(i) a chief officer of police,

(ii) the British Transport Police Authority,

(iii) the Civil Nuclear Police Authority,

(iv) the chief constable for the Ministry of Defence Police, or

(v) the Scottish Police Authority,

to train a person within any of paragraphs (a) to (e) to drive for police purposes,

(g) a person employed or engaged by a person within paragraph (f)(i) to (v) to train another person to carry out training of the kind mentioned in that paragraph,

(h) a National Crime Agency officer, or

(i) a person engaged by the National Crime Agency—

(i) to train a National Crime Agency officer to drive for law enforcement purposes, or

(ii) to train another person to carry out training of the kind mentioned in sub-paragraph (i).

(1D) In subsection (1C)(a) “constable” does not include a port constable within the meaning of section 7 of the Marine Navigation Act 2013 or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964.

(1E) In the case of a National Crime Agency officer, the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for law enforcement purposes.

(1F) In the case of a person within paragraph (i) of subsection (1C), the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for the purpose of the training mentioned in that paragraph.]

(2) A person is also to be regarded as driving dangerously for the purposes of sections 1 [F2 , 1A] and 2 above if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.

(3) In subsections (1) [F5 , (1B)] and (2) above “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those subsections what would be expected of, or obvious to, a competent and careful driver [F6 or constable (as the case may be)] in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

(4) In determining for the purposes of subsection (2) above the state of a vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried.]

Textual Amendments

F1 Ss. 1-2A substituted (1.7.1992) for ss. 1-2 by Road Traffic Act 1991 (c. 40, SIF 107:1), s.1; S.I. 1992/1286, art. 2,Sch.

F2 Word in s. 2A(1)(2) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 143(3), 151(1); S.I. 2012/2770, art. 2(b)

F3 Words in s. 2A(1) inserted (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 5(2), 208(1) (with s. 5(5)); S.I. 2022/1075, reg. 3(a)

F4 S. 2A(1A)-(1F) inserted (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 5(3), 208(1) (with s. 5(5)); S.I. 2022/1075, reg. 3(a)

F5 Word in s. 2A(3) inserted (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 5(4)(a), 208(1) (with s. 5(5)); S.I. 2022/1075, reg. 3(a)

F6 Words in s. 2A(3) inserted (26.10.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 5(4)(b), 208(1) (with s. 6(5)); S.I. 2022/1075, reg. 3(a)