Legislation – Road Safety Act 2006
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Changes to legislation:
Road Safety Act 2006, Cross Heading: Other provisions about offences is up to date with all changes known to be in force on or before 15 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Crossheading Other-provisions-about-offences:
- Sch. 6 para. 8A inserted by 2016 c. 16 s. 3(3)
- Sch. 6 para. 10A inserted by 2016 c. 16 s. 4(2)
- Sch. 6 para. 13(9) inserted by 2016 c. 16 s. 4(5)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 6 para. 8A inserted by 2016 c. 16 s. 3(3)
- Sch. 6 para. 10A inserted by 2016 c. 16 s. 4(2)
- Sch. 6 para. 13(9) inserted by 2016 c. 16 s. 4(5)
Other provisions about offences
30Meaning of driving without due care and attention
“3ZAMeaning of careless, or inconsiderate, driving
(1)
This section has effect for the purposes of sections 2B and 3 above and section 3A below.
(2)
A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver.
(3)
In determining for the purposes of subsection (2) above what would be expected of a careful and competent driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.
(4)
A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving.”
31Extension of offence in section 3A of Road Traffic Act 1988
(1)
Section 3A of the Road Traffic Act 1988 (causing death by careless driving when under influence of drink or drugs etc.) is amended as follows.
(2)
“or
(d)
he is required by a constable to give his permission for a laboratory test of a specimen of blood taken from him under section 7A of this Act, but without reasonable excuse fails to do so,”.
(3)
In subsection (3), for “and (c)” substitute “
.
, (c) and (d)
”
(4)
In section 24(1) of the Road Traffic Offenders Act 1988 (alternative verdicts), in the Table, in the entry relating to section 3A of the Road Traffic Act 1988, in the second column, after “Section 7(6)
(failing to provide specimen)” insert “
.
Section 7A(6)
(failing to give permission for laboratory test)
”
32Alternative verdict on unsuccessful culpable homicide prosecution
(1)
Section 23 of the Road Traffic Offenders Act 1988 (c. 53)
(alternative verdicts in Scotland) is amended as follows.
(2)
In subsection (1), for “an offence under section 2 of the Road Traffic Act 1988 (dangerous driving)” substitute “
.
any of the relevant offences
”
(3)
“(1A)
For the purposes of subsection (1) above the following are the relevant offences—
(a)
an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),
(b)
an offence under section 2 of that Act (dangerous driving), and
(c)
an offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).”
33Alternative verdict on unsuccessful manslaughter prosecution
“A1
Where—
(a)
a person charged with manslaughter in connection with the driving of a mechanically propelled vehicle by him is found not guilty of that offence, but
(b)
the allegations in the indictment amount to or include an allegation of any of the relevant offences,
he may be convicted of that offence.
A2
For the purposes of subsection (A1) above the following are the relevant offences—
(a)
an offence under section 1 of the Road Traffic Act 1988 (causing death by dangerous driving),
(b)
an offence under section 2 of that Act (dangerous driving),
(c)
an offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs), and
(d)
an offence under section 35 of the Offences against the Person Act 1861 (furious driving).”