Police, Crime, Sentencing and Courts Act 2022

87 Causing serious injury by careless, or inconsiderate, driving E+W+S

(1) In the Road Traffic Act 1988, after section 2B (causing death by careless, or inconsiderate, driving) insert—

“2C Causing serious injury by careless, or inconsiderate, driving

(1) A person who causes serious 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 this section “serious injury” means—

(a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and

(b) in Scotland, severe physical injury.”

(2) In section 3ZA of that Act (meaning of careless, or inconsiderate, driving), in subsection (1), after “sections 2B” insert “, 2C”.

(3) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts), after the entry relating to section 2B of the Road Traffic Act 1988 insert—

“RTA section 2C	Causing serious injury by careless, or inconsiderate, driving	(a) Summarily	(a) On conviction in England and Wales: 12 months or a fine or both	Obligatory	Obligatory	3-11
		On conviction in Scotland: 12 months or the statutory maximum or both
		(b) On indictment	(b) 2 years or a fine or both ”

(4) In the entries in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 relating to an offence under section 2C of the Road Traffic Act 1988 (causing serious injury by careless, or inconsiderate, driving), in relation to an offence committed before paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, the reference in column (4) (punishment) to 12 months on summary conviction in England and Wales is to be read as a reference to 6 months.

Commencement Information

I1 S. 87 in force at 28.6.2022, see s. 208(5)(i)