PART 4 N.I.ROAD TRAFFIC OFFENCES

New offences N.I.

Causing death, or grievous bodily injury, by careless or inconsiderate driving N.I.

52.—(1) In the Road Traffic (Northern Ireland) Order 1995 (NI 18) after Article 11 insert—

“Causing death or grievous bodily injury by careless or inconsiderate driving

11A.   A person who causes the death of, or grievous bodily 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 Article 26(1) of the Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10) (alternative verdicts), in the Table—

(a) in the entry relating to Article 9 of the Road Traffic (Northern Ireland) Order 1995 (causing death or grievous bodily injury by dangerous driving), in the second column, after “Article 10 (dangerous driving)” insert “ Article 11A (causing death or grievous bodily injury by careless or inconsiderate driving) ”,

(b) after the entry relating to Article 10 of that Order insert—

“Article 11A (causing death or grievous bodily injury by careless or inconsiderate driving)

Article 12 (careless and inconsiderate driving).”.

(c) in the entry relating to Article 14 of that Order (causing death or grievous bodily injury by careless driving when under influence of drink or drugs), in the second column, before “Article 12 (careless, and inconsiderate, driving)” insert “ Article 11A (causing death or grievous bodily injury by careless or inconsiderate driving) ”.

(3) In Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (NI 10) (prosecution and punishment of offences under the Road Traffic Orders), after the entry relating to Article 10 of the Road Traffic (Northern Ireland) Order 1995 insert—

“Article 11A

Causing death or grievous bodily injury by careless or inconsiderate driving.

(a) Summarily. (b) On indictment.

(a) 6 months or the statutory maximum or both. (b) 5 years or a fine or both.

Obligatory.

Obligatory.

3–11”

(4) Article 11A of the Road Traffic (Northern Ireland) Order 1995 (NI 18) has effect only in relation to driving occurring after the coming into operation of paragraph (1).