Dangerous driving is a statutory road-traffic offense, most fully developed in United Kingdom law, that criminalizes operating a vehicle in a manner falling far below the standard expected of a competent and careful driver where the danger would be obvious to such a driver. In England, Wales and Scotland it is created by section 2 of the Road Traffic Act 1988, as substituted by the Road Traffic Act 1991, which replaced the earlier offense of reckless driving; the test is objective, asking what would be obvious to a careful driver rather than what the defendant subjectively intended, and it applies equally to how a vehicle is driven and to driving a vehicle that is itself in a dangerous state. A conviction on indictment carries up to two years' imprisonment and a mandatory driving disqualification. Canada's Criminal Code contains an equivalent offense, dangerous operation of a conveyance, defined as driving in a manner dangerous to the public having regard to all the circumstances, punishable by up to ten years' imprisonment on indictment, or life imprisonment where the driving causes death.
Facts
Classification CodeEngland, Wales and Scotland created dangerous driving as a statutory offense under the Road Traffic Act 1988, replacing the earlier offense of reckless driving, while Canada's Criminal Code defines an equivalent offense of dangerous operation of a conveyance. 1 Typical PenaltyIn England, Wales and Scotland a person convicted of dangerous driving on indictment faces up to two years imprisonment or a fine or both, or up to six months on summary conviction, with a mandatory driving disqualification for the offense. 1 Elements of OffenseA driver is guilty of dangerous driving in England, Wales and Scotland when the way they drive falls far below what would be expected of a competent and careful driver, and it would be obvious to a competent and careful driver that driving that way would be dangerous, applying a wholly objective test that does not require any specific intent to drive dangerously. 1 Notable ExampleR v Bannister is a cited Court of Appeal case holding that a police driver's special skill, or lack of it, is irrelevant when a jury considers whether the driving was dangerous. 1 Jurisdiction VariationCanada's Criminal Code frames the equivalent conduct as dangerous operation of a conveyance, judged by whether the accused's driving showed a marked departure from the standard of care a reasonable person would exercise, rather than by the United Kingdom's obviousness-to-a-careful-driver test. 1 Classification
Offense GradeMinor or Summary Offense 1 Connections
Has Offense Grade
Entity-backed identity for the offense-grade enum value this offense already carries, resolved to a crime concept by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The offense-grade fact itself stays on the offense unchanged.
In the Other Atlases
- Also in Geography Atlas: Europe, found in there.
- Also in Geography Atlas: North America, found in there.
Sources
1. Dangerous driving (Wikipedia)
WikipediaEngland, Wales and Scotland, Statute section
A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
lead paragraph
In United Kingdom law, dangerous driving is a statutory offence related to aggressive driving. It is also a term of art used in the definition of the offence of causing death by dangerous driving. It replaces the former offence of reckless driving.
Dangerously section, Road Traffic Act 1988 s.2
the way he/she drives falls far below what would be expected of a competent and careful driver, and it would be obvious to a competent and careful driver that driving in that way would be dangerous
Canada, The offence section
The mens rea of the offence is "that the degree of care exercised by the accused was a marked departure from the standard of care that a reasonable person would observe in the accused’s circumstances".
England, Wales and Scotland, case-law note
The special skill (or indeed lack of skill) of a driver is an irrelevant circumstance when considering whether the driving is dangerous".
Sentence section
a person guilty of dangerous driving is liable, on conviction on indictment, to imprisonment for any term not exceeding two years, or to a fine, or to both, or on summary conviction, to imprisonment for any term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both.
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