Police, Crime, Sentencing and Courts Bill

Moved by

Lord Berkeley

152: Clause 65, leave out Clause 65 and insert the following new Clause—

“Causing death or serious injury by dangerous or careless driving when under the influence of drink or drugs

(1) The Road Traffic Act 1988 is amended in accordance with subsections (2) to (7).

(2) In section 2A (meaning of dangerous driving)—

(a) for subsection (1)(a) and (b) substitute “he commits a breach of one or more rules of the Highway Code in a way that causes inconvenience, intimidation or danger to one or more other road users that is sufficiently serious that it would result in a person being disqualified automatically if the person drove in that way during a driving test”;

(b) omit subsection (3).

(3) In section 3ZA (meaning of careless or inconsiderate driving)—

(a) in subsection (2), for “the way he drives falls below what would be expected of a competent and careful driver”, substitute “he commits a breach of one or more rules of the Highway Code that causes inconvenience or intimidation to one or more other road users but which is not so serious as to amount to dangerous driving as defined in subsection 2A(1)”;

(b) omit subsection (3).

(4) Section 3A of the Road Traffic Act 1988 is amended as follows.

(5) In the heading, for “by careless” substitute “or serious injury by”.

(6) In subsection (1), omit “without due care and attention, or without reasonable consideration for other persons using the road or place”.

(7) After subsection (1) insert—

“(1A) If a person causes serious injury to another person by driving a mechanically propelled vehicle on a road or other public place, and the conditions in subsection (1)(a) to (d) are also met, he is guilty of an offence.”

(8) Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts) is amended in accordance with subsections (9) and (10).

(9) In the entry relating to section 1 of the Road Traffic Act 1988 (causing death by dangerous driving), in column (4) (punishment), for “14 years” substitute “Imprisonment for life”.

(10) For the entry relating to section 3A of the Road Traffic Act 1988, substitute—

(11) A provision of this section does not apply in relation to offences committed before the provision comes into force.”