‘Dangerous’ or ‘Careless’ Driving?
| DOI | 10.1177/0032258X3801100411 |
| Published date | 01 October 1938 |
| Author | S. Hays |
| Date | 01 October 1938 |
| Subject Matter | Article |
,Dangerous' or 'Careless'
Driving?
By
SERGEANT
S. HAYS
Royal Ulster Constabulary
Todistinguish between what is reckless or dangerous
driving and what should be classed as merely careless
or inconsiderate driving is a test of the detecting constable's
" road sense." Not every case of bad driving could be classed
as dangerous or reckless; so it is necessary, in fact impera-
tive, that those most concerned with the reporting of cases of
bad driving should be in a position to state in which category
of driving, and under which Section of the Motor Laws, the
offence comes.
The
constable on his patrol or beat, or when investigat-
ing accidents, is the person who generally has to classify the
offence.
The
first question he will ask himself, then,
is:
in which Section must he classify what is obviously an offence ?
The
law as it stands gives us the offence, in the bare words of
the Sections,
but
it does not help us to come to any decision
as to what is dangerous or what is careless, so that the only
real guide is the
"road
"-and
common-sense
of the
detecting constable.
It
is a serious matter for a motorist to be convicted of an
offence against the Section relating to dangerous driving, and
in view of that fact it is necessary that the circumstances of
the offence should be such as to leave no room for doubt that
the commission of the offence was adangerous act, clearly
distinguishable from a mere act of carelessness or inconsidera-
tion.
Let
us examine a few types of bad
driving:
their study
may be of assistance to us in our search for enlightenment on
this matter of distinguishing between the offences of dangerous
driving and careless driving.
Firstly, what is ' dangerous' or ' reckless' driving?
489
To continue reading
Request your trial