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 Krawec
    • Court of Appeal (Criminal Division)
    • 26 November 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 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

    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 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.

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  • Deregulation Act 2015
    • UK Non-devolved
    • January 01, 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 Air Navigation (Amendment) Order 2017
    • UK Non-devolved
    • January 01, 2017
    ......Licensing of air traffic controllers Licensing of air traffic controllers ... . . NCO.SPEC.HESLO.110 . Transportation of dangerous goods”. . . S-60 . After ...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......
  • The Traffic Signs Regulations and General Directions 2016
    • UK Non-devolved
    • January 01, 2016
    ... . STATUTORY INSTRUMENTS . 2016No. 362 . ROAD TRAFFIC . The Traffic Signs Regulations and ... Offenders Act 1988 ( 77) relating to offences under section 36 of the 1988 Act. . 3 . If the ... . . 16 . . Random vibration (transportation) . AM2 . . SCHEDULE 15 . Regulation 3, ......
  • The Environmental Permitting (England and Wales) Regulations 2016
    • UK Non-devolved
    • January 01, 2016
    ...... is designed to move or be moved whether on roads or other land and that is used to carry on a Part ...4 . Enforcement and offences PART 4 . Enforcement and offences . S-36 . ... clinker in bulk prior to further transportation in bulk. . (b) Blending cement in bulk or using ... of nuisances and hazards arising from traffic beyond the site of a waste operation; . (c) (c) ......
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Books & Journal Articles
  • 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 ......
  • Road Check Police Road Block
    • Nbr. 50-3, August 1986
    • Journal of Criminal Law, The
    ...... so he shall be guiltyof an offence-Road Traffic Act 1972, section 159. Police and Criminal ... be used for the carriage or transportation of persons or goods. The following appear to ... justice or with the investigation of offences or of a particular offence (c) death (d) ......
  • Social Implications of Driver Disqualification: Reality and Road Traffic Laws*
    • Nbr. 8-2, June 1975
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    Abstract MOTOR vehicle accidents constitute one of the major health hazards in urban societies, and it has been widely argued that some drivers are worse accident risks than others due ...
    ...... burglary or as- sault) where offences are frequently reported to the police by members of the public, the ... The most basic need satisfied by driving is that of transportation, and the dis- qualified driver who wishes to avoid any ......
  • The automated speed enforcement system in Great Britain: between a technical revolution and administrative continuity
    • Nbr. 73-4, December 2007
    • International Review of Administrative Sciences
    At the start of the 1990s, Great Britain implemented a national programme of speed checks that includes more than 5000 check locations. The coverage of the road network then allows increased survei...
    ......The coverage of the road network then allows increased surveillance of ... are convincing; a reduction in traffic speeds and an improvement in the ... offenders and number of speeding offences com- ... Practice’, NCHRP Synthesis, Transportation Research Board. Washington, DC: National ......
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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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