What’s the difference between careless and dangerous driving?

If you’ve been stopped by the police or received a court summons for a driving offence, you might feel swamped with terminology.

Careless driving and dangerous driving are two of the most commonly charged offences in the UK. But while they may sound similar, in legal terms, they are very different.

If you are facing an allegation, it’s important to understand where the line is drawn between careless and dangerous driving.

In this article, we offer an explanation of the differences between careless and dangerous driving, how they are classified, and what the penalties are for both offences.

What is careless driving?

UK law – specifically the Road Traffic Act 1988 – defines careless driving as “driving that falls below the standard expected of a competent and careful driver”.

Careless driving doesn’t have to have been intended to cause harm, or require an accident to have occurred. More often than not, it is a momentary lapse in concentration or a simple mistake.

For example, a driver may fail to check his or her mirrors, misjudge a manoeuvre, become distracted by their phone or sat-nav, or take note of their surroundings carefully enough.

Essentially, rather than any intended or reckless behaviour on the road, careless driving can be described as substandard driving.

What is dangerous driving?

The Road Traffic Act 1988 defines dangerous driving as a much more serious offence.

Dangerous driving is when someone falls far below the standard expected of a competent and careful driver. With dangerous driving, we can say it would be obvious to any reasonable person that driving in that way would be dangerous.

You should note that dangerous driving doesn’t represent a brief lapse. Rather, it involves conduct that presents a clear and significant risk.

Examples of this offence include dangerous overtaking, driving at extremely high speeds, failing to obey traffic signals, or driving while impaired by alcohol, drugs, tiredness or a medical condition. Dangerous driving is recognised as creating a real danger to life or property.

What is considered to be careless driving?

Careless driving is commonly linked to mistakes, a lack of focus or a misjudgement.

If a driver follows another vehicle too closely without realising how little stopping distance they have, this can be classed as careless driving.

Similarly, they might fail to look properly before turning or changing lanes, become distracted by adjusting their navigation system or radio, or take inconsiderate actions such as splashing pedestrians by driving through standing water. Blocking a junction without appreciating the impact on other road users is another relevant scenario.

What is considered to be dangerous driving?

As the name suggests, dangerous driving involves a higher degree of danger than what we have described above.

It increases the risk of a collision or harm by actions such as aggressively switching between lanes at high speed, ignoring red lights, breaking the speed limit, and showing conduct that is hazardous to other road users.

Driving when physically unfit to do so – due to alcohol or drug consumption, or a medical condition – also comes under this bracket. So does knowingly driving a defective or unsafe vehicle.

What are the penalties for careless driving?

Careless driving carries less severe penalties than dangerous driving, but there can still be significant consequences for the driver, depending on the seriousness of the incident.

A driver may receive between three and nine penalty points on their licence, or be offered a Fixed Penalty Notice, which usually includes a fine and three penalty points. More serious or contested cases can proceed to court, where fines may go up to £5,000, and a driving disqualification may be imposed. A custodial sentence may be given when careless driving results in serious injury.

What are the penalties for dangerous driving?

The penalties for dangerous driving are more serious. Dangerous driving carries a mandatory driving ban of at least 12 months, after which the driver must take and pass an extended re-test before they are allowed back on the road.

Courts can impose an unlimited fine, up to 11 penalty points, and imprisonment for up to two years for a standard dangerous driving charge.

For cases in which dangerous driving has caused death, sentences may be measured in several years, up to life imprisonment.

If you are facing a driving offence, ensure that you have complete clarity on what’s ahead. Speak to the friendly team at Auriga Advocates to benefit from the expert advice of dangerous driving solicitors and a genuine partner throughout the legal process.