Other Provisions about Offences
Section 30: Meaning of driving without due care and attention
98.This section inserts new section 3ZA in the RTA. Subsection (1) of the new section provides that it applies to section 2B (causing death by careless, or inconsiderate, driving), section 3 (careless, and inconsiderate, driving) and 3A (causing death by careless driving when under influence of drink or drugs).
99.Subsection (2) makes provision about the meaning of the phrase "without due care and attention" so that it is clear that this means driving in a way that falls below what would be expected of a competent and careful driver.
100.Subsection (3) provides that in determining what would be expected of a careful and competent driver, regard shall be had not only to what he could be expected to be aware of, but also to any circumstances shown to have been within the knowledge of the accused.
101.Subsection (4) provides further definition of the phrase "without reasonable consideration" so it is clear that this means driving in a way that inconveniences other people.
Section 31: Extension of offence in section 3A of Road Traffic Act 1988
102.Subsection (2) of this section extends the offence in section 3A of the RTA (causing death by careless driving when under the influence of drink or drugs etc) to allow for a person whose blood has been taken under section 7A (specimens of blood taken from persons incapable of consenting) to be prosecuted for the section 3A offence where, without reasonable excuse, that person does not (when he is later able to) consent to his blood being subjected to a laboratory test.
103.The effect of subsection (3) of this section is that a prosecution for the section 3A offence on the basis of a refusal of consent under section 7A is only possible where the offence was committed with a motor vehicle, as opposed to any other kind of mechanically propelled vehicle. This is consistent with the limitation already in subsection (3) of section 3A of the RTA.
104.Subsection (4) amends section 24(1) RTOA to provide that conviction of an offence under section 7A(6) (failing to give permission for laboratory test) may be an alternative verdict to conviction of an offence under section 3A.
Section 32: Alternative verdict on unsuccessful culpable homicide prosecution
105.This section amends section 23 of the RTOA. The effect is that conviction of an offence listed in new subsection (1A) will be available as an alternative verdict where a prosecution for culpable homicide has been unsuccessful. This section applies only to Scotland.
Section 33: Alternative verdict on unsuccessful manslaughter prosecution
106.This section amends section 24 of the RTOA. The effect is that conviction of an offence listed in new subsection (A2) will be available as an alternative verdict where a prosecution for manslaughter in connection with the driving of a mechanically propelled vehicle has been unsuccessful.
