Road Traffic and Transportation Offences in UK Law

Leading Cases
  • R v Hennigan
    • Court of Appeal (Criminal Division)
    • 25 February 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 Williams (Jason)
    • Court of Appeal (Criminal Division)
    • 02 November 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 April 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 December 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 June 1984

    The following, amongst others, may be regarded as aggravating features: first of all, the consumption of alcohol or drugs, and that may range from a couple of drinks to what was described by the Court in Wheatley (1982) 4 Cr. App. E. (S) 371, as a "motorised pub crawl".

  • 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 December 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. Where the consumption is high, it is effectively extinguished. Alcohol makes a driver personally unfit to drive, and the car of which he is in control becomes as dangerous with him at the wheel as if it were subject to a serious known, potentially fatal, mechanical defect.

  • R v Petherick (Rosie Lee)
    • Court of Appeal (Criminal Division)
    • 03 October 2012

    Eighth, in a case where custody cannot proportionately be avoided, the effect on children or other family members might (our emphasis) afford grounds for mitigating the length of sentence, but it may not do so. If it does, it is quite clear that there can be no standard or normative adjustment or conventional reduction by way of percentage or otherwise. It is a factor which is infinitely variable in nature and must be trusted to the judgment of experienced judges.

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Legislation
  • High Speed Rail (West Midlands - Crewe) Act 2021
    • UK Non-devolved
    • January 01, 2021
    ... ... (1) The nominated undertaker may use any road situated on land specified in the table in ... 40: Traffic ... Schedule 30 contains provision relating to ... on or survey of land) ;section 177 (offences in connection with powers to enter land) .(6) In ... to be approved only in relation to transportation on so much of the route as lies between (but does ... ...
  • Children (Care and Justice) (Scotland) Act 2024
    • Scotland
    • January 01, 2024
    ... ... so remitting, the operation of sexual offences notification requirements on such remittal, and ... to which section 26, 34, 35 or 44 of the Road Traffic Offenders Act 1988 applies, that section ... 3 ... Secure transportation Part 3 ... Secure transportation ... ...
  • The Traffic Signs Regulations and General Directions 2016
    • UK Non-devolved
    • January 01, 2016
    ... ... 2016 No. 362 ... Road Traffic ... The Traffic Signs Regulations and ... Offenders Act 1988 77 relating to offences under section 36 of the 1988 Act. SCH-2.3 ... Random vibration (transportation) ... SCHEDULE 15 ... Regulation 3, Direction ... ...
  • The Air Navigation (Amendment) Order 2017
    • UK Non-devolved
    • January 01, 2017
    ... ... traffic services ... In article 198 for “Part” ... Articles 49(c) and 56(e) omit those offences that are no longer relevant by virtue of the EU ... , Great Minster House, 33 Horseferry Road, London SW1P 4DR and is published with the ... ...
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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?
    • No. 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
    • No. 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 ... ...
  • Using police bicycle patrols to manage social order in bicycle and pedestrian traffic networks
    • No. 89-1, March 2016
    • Police Journal: Theory, Practice and Principles
    This article examines how bicycle police units perceive their impact on social norms of rule compliance and risk behaviours in bicycle and pedestrian traffic networks. Using qualitative methods, a ...
    ... ... In such endeavours, issues of road safety and traffic reg- ulatory compliance become ... to use bicycles as a mode of transportation (Sanders, 2015). Further- more, cycling also ... a lot of bicyclists who still commit offences. It is not unusual that they run through red ... ...
  • The relationship between traffic and non-traffic offending in Western Australia
    • No. 54-2, June 2021
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    • 0000
    Self-selection policing is an approach whereby serious underlying criminality is detected by an offender’s minor crimes (known as trigger offences). Strategic offences are offences that indicate an...
    ... ... minor crimes (known as trigger offences). Strategic offences are offences thatindicate an ... -ously about how to drive a car or follow the road rules. Despite its automaticity,members of the ... Transportation Research Part F: Psychology and Behaviour,53, ... ...
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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 ... 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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