The Criminal Justice (Northern Ireland) Order 2008

Meaning of driving without due care and attentionN.I.

This section has no associated Explanatory Memorandum

62.  In the Road Traffic (Northern Ireland) Order 1995 (NI 18), after Article 12 insert—

Meaning of careless, or inconsiderate, driving

12A.(1) This Article has effect for the purposes of Articles 11A, 12 and 14.

(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 paragraph (2) 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..