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Dangerous
Driving
The Law – Section 64(1) of the Road Traffic Act Chapter 276 states:
“If any person drives a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, he shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both, and in the case of a second or subsequent conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.”
Section 64(2) of the Road Traffic Act states:
“On the second or subsequent conviction under this section, the convicting court shall exercise the power conferred by section 42 of ordering that the offender shall be disqualified from holding or obtaining a driving licence unless the court, having regard to the lapse of time since the date of the previous or last previous conviction or for any other special reason, thinks fit to order otherwise, but this provision shall not be construed as affecting the right of the court to exercise the power aforesaid on a first conviction.”
Section 64(4) of the Road Traffic Act states:
“Any police officer may arrest without warrant any person committing an offence under this section.”
Examples of Dangerous Driving
| a) |
Failure to conform to the Pedestrian Crossing Rules resulting in pedestrians taking evasive action by stopping abruptly in their tracks or ‘jumping back’ to avoid being collided into; |
| b) |
Sped (exceeding speed limit by 20 kph) through a junction against the traffic red light signal resulting in other vehicles having to take evasive action to avoid a collision or a near collision; |
| c) |
(1) Cutting across double white lines, or
(2) Overtaking in the face of on-coming traffic,
and forcing on-coming vehicles to take evasive action to avoid a collision or a near collision; |
| d) |
Switching lanes repeatedly at speed well exceeding speed limit by 40 kph without signal or driving in a zigzagged manner at speed exceeding limit by 40 kph, and by so doing encroached into the path of vehicles resulting near collision with these vehicles; |
NOTE: These examples are merely illustrative. Every situation is assessed factually on a case-by-case basis and the evidence available.
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