Road Traffic and Transportation Offences in UK Law

Leading Cases
  • R v Hennigan
    • Court of Appeal (Criminal Division)
    • 25 Febrero 1971

    The Court would like to emphasise this, that there is of course nothing in the Statute which requires the manner of the driving to be a substantial cause, or a major cause, or any other description of cause, of the accident. So long as the dangerous driving is a cause and something more than de minimis, the Statute operates.

  • R v Krawec
    • Court of Appeal (Criminal Division)
    • 26 Noviembre 1984

    In our judgment the unforeseen and unexpected results of the carelessness are not in themselves relevant to penalty. The primary considerations are the quality of the driving, the extent to which the appellant on the particular occasion fell below the standard of the reasonably competent driver; in other words, the degree of carelessness and culpability. The unforeseen consequences may sometimes be relevant to those considerations.

  • R v Williams (Jason)
    • Court of Appeal (Criminal Division)
    • 02 Noviembre 2010

    In our view, applying this approach, it is therefore necessary for us to consider the meaning of cause as used in s.3ZB of the Road Traffic Act 1988 in the context of the intention of Parliament. First, the meaning of cause in death by dangerous driving was decided by Hennigan. That decision makes clear it is a cause if it is more than negligible or de minimis. We do not think that Parliament can have intended any different definition for s.3ZB.

  • Re Attorney General's Reference (No.152 of 2002); R v Robert Charles Cooksley
    • Court of Appeal (Criminal Division)
    • 03 Abril 2003

    It is designed to protect road users in the future from an offender who had shown himself to be a real risk on the roads. The Panel suggests the risk represented by the offender is reflected in the level of culpability which attaches to his driving so that matters relevant to fixing the length of the driving disqualification for the offence of causing death by dangerous driving will be much the same as those factors we have listed already.

  • Attorney General's Reference (Nos. 14 and 24 of 1993); R v Shepherd; R v Wernet
    • Court of Appeal (Criminal Division)
    • 17 Diciembre 1993

    The Road Traffic Act 1991 created two new offences by way of amendment of the Road Traffic Act 1988. Section 1 of the 1991 Act substituted for sections 1 and 2 of the 1988 Act the new offence of causing death by dangerous driving, thereby replacing the offence of causing death by reckless driving. At one time earlier in the somewhat chequered history of road traffic offences there had been an offence of causing death by dangerous driving.

  • R v Boswell
    • Court of Appeal (Criminal Division)
    • 19 Junio 1984

    Thirdly, the driver who disregards warnings from his passengers, a feature which occurs quite frequently in this type of offence. Fourthly, prolonged, persistent and deliberate course of very bad driving – one of the cases today illustrates that ~ a person who over a lengthy stretch of road ignores traffic signals, jumps red lights, passing other vehicles on the wrong side, driving with excessive speed, driving on the pavement and so on.

  • R v Jack Richardson; R v Sheppard; R v Abery; R v Little; R v Poel; R v Robertson
    • Court of Appeal (Criminal Division)
    • 18 Diciembre 2006

    Everyone knows, or should know, that the consumption of even small quantities of alcohol undermines the ability of any driver to apply his full concentration to the road.

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Legislation
  • Environmental Protection Act 1990
    • UK Non-devolved
    • 1 de Enero de 1990
    ...... . . (f) convictions for such offences under section 23(1) below. as may be prescribed;. ...may be, road, unless— . . (a) the relevant highway ...facilitating its transportation;. . . (d) may make available to waste disposal ...the passage or with the safety of traffic along the. highway or, in Scotland, road in ......
  • High Speed Rail (West Midlands - Crewe) Act 2021
    • UK Non-devolved
    • 1 de Enero de 2021
    ...... (1) The nominated undertaker may use any road situated on land specified in the table in ...Traffic Traffic . S-40 . Traffic 40 Traffic . . ... section 177 (offences in connection with powers to enter land). . (6) ... to be approved only in relation to transportation on so much of the route as lies between (but does ......
  • Deregulation Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... contains amendments of Part 5 of the Road Traffic Act 1988 as amended by Schedule 6 to the ... . (a) drink and drug driving offences;. . . (b) bus lane contraventions. S-53 . ... . . (b) the storage, transportation and labelling of substances,. . . (c) the ......
  • The Ashton Vale to Temple Meads and Bristol City Centre Rapid Transit Order 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ...... “the 1984 Act” means the Road Traffic Regulation Act 1984 6 ; . “the 1990 ... against that passenger for either of the offences specified in paragraph (2) before the end of the ... 1986 38 for the purposes of the transportation and storage of gas; . (c) in the case of a ......
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Books & Journal Articles
  • Road Traffic: Do Modern Conditions Require the Creation of a Separate Organization or Organizations for the Regulation of Road Traffic, Enforcement of Traffic and Promotion of Road Safety?
    • Nbr. 35-5, September 1962
    • Police Journal: Theory, Practice and Principles
    We congratulate Chief Inspector Gates on winning the First Prize and H. M. Gold Medal in the Essay Competition of 1961, and have pleasure in publishing his Essay below.
    ...... course, to provide roads for safe and econ- omic transportation, and with the need for large allocations of public funds for this ...Nevertheless, there are many traffic offences which are serious in themselves and contain an element of ......
  • Road Traffic: Its Control and other Problems
    • Nbr. 20-2, April 1947
    • Police Journal: Theory, Practice and Principles
    ...... will not help to solve the problem of efficient transportation. Undoubtedly in this small island the problem of road-building is ...(b)" Penalties should be more severe, then offences would not be repeated." Against this supposition, and contrary to ......
  • The Enforcement of Traffic Law in the Australian Capital Territory†
    • Nbr. 13-3, September 1980
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    ...... CAPITAL TERRITORY* D B Nich~lst Traffic offences have become the dominant form of crime in ...The only form of mass transportation is the bus. The population tends to be younger, ...The road system is better and traffic engineering has ......
  • Recent Book: The Politics of Criminal Law
    • Nbr. 65-2, April 1992
    • Police Journal: Theory, Practice and Principles
    ...... Wilkinson's Road Tralflc Offences. Published by Longman. Price ... that such is the weight of the Road Traffic legislation passed in recent years that a ... females, whipping and flogging, transportation, torture, use of the pillory and stocks all go ......
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Law Firm Commentaries
  • Safety, Health & Environment (SHE) Regulatory Newsletter
    • Mondaq United Kingdom
    ...... was carrying out repairs underneath a road-sweeping truck when he inadvertently removed the ... estimated that up to a third of all road traffic accidents involve somebody who is at work at the ... to the manner in which environmental offences are punished in the criminal courts. In ... of Pollution (Amendment) Act 1989 (transportation of controlled waste without registering) Section ......
  • Environment Newsletter - February 2011
    • Mondaq United Kingdom
    ...... out how the EA enforces environmental offences, how it chooses the appropriate criminal or civil ...Deputy Assistant Secretary for Transportation Affairs, recently stated that the U.S. government ... 93% of scheduled international air traffic; the National Airlines Council of Canada (NACC); ...The inference and implication being that road transport will become a more viable economic ......
  • The Technology, Media and Telecommunications Review, Tenth Edition – UK
    • JD Supra United Kingdom
    As it has since inception, this tenth edition of The Technology, Media and Telecommunications Review provides a survey of evolving legal constructs in 21 jurisdictions around the world. It remains ...
    ...... all major European urban areas and transportation corridors by 2025, with . several interim ... Technology, set out the deployment road map and detailed commitments, . for example to ...of internet traffic management provisions allowing NRAs such as Ofcom ...relating to data will be criminal offences (subject to a fine), for example obtaining, . ......
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