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Inconsiderate & Careless Driving
The Law – Driving without due care and attention or reasonable consideration is prescribed for in Section 65 of the Road Traffic Act Chapter 276 which states:
“If any person drives a motor vehicle on a road without due care and attention or without reasonable consideration for other persons using the road, he shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months or to both, and in the case of a second or subsequent conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.”
There are two distinct offences under this section: careless driving (ie driving without due care and attention) and inconsiderate driving ( ie driving without reasonable consideration).
Careless driving is furthermore prescribed under Rule 29, Road Traffic Rules, which states:
“No vehicle shall be driven or ridden upon a road otherwise than in an orderly and careful manner with due regard for the safety of others.”
Careless driving is punishable under Section 131(1A) Road Traffic Act Cap 276 which states:
“A person who is guilty of an offence under this Act shall be liable on conviction, where no special penalty is provided in the case of the first offence, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months and in the case of the second or subsequently offence to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months.”
Examples of careless driving
| a) |
A driver who whilst reversing failed to look behind him for possible traffic and almost caused a collision; |
| b) |
A driver who crossed the centre white line when overtaking and failed to look towards the direction of oncoming vehicles as his attention was diverted; |
| c) |
A driver has switched his turn left signal and makes a right turn. This caused confusion and panic to those motorists driving behind his vehicle. |
Examples of Inconsiderate Driving
| a) |
A driver when reversing looked back and saw an on-coming car but chose to ignore it. This is a selfish, inconsiderate thought and the offence becomes one of inconsiderate driving. In fact, it could as well be dangerous driving depending upon the circumstances; |
| b) |
A driver overtook a car and crossed the centre white line knowing there was an oncoming vehicle on the other side and chose to ignore it. This again could also be inconsiderate or dangerous driving; |
| c) |
A driver switched his indicator to change lanes and did it so soon resulting in forcing the vehicle behind him to apply its brakes to avoid a collision. This is an example of inconsiderate driving. |
More Common Examples of Inconsiderate Driving
| a) |
Swerving into the path of another vehicle without thought or regard for other road users thereby forcing them to take evasive action by applying brakes or swerving; |
| b) |
Cutting across the path of another vehicle when executing a turn-right, left or ‘U’ turn; |
| c) |
Failure of a driver in a vehicle emerging from a minor road to give way to vehicles on a major road especially at road junctions and causing vehicles to apply brakes or to slow down; |
| d) |
Failure of a driver to give way to another vehicle on his right at an uncontrolled junction; |
| e) |
Changing lanes or coming to an abrupt halt without prior warning thereby causing other vehicles to slow down or apply brakes; |
| f) |
Failing to obey traffic light signals and causing a near collision; |
| g) |
Failing to form up correctly and thereby causing a near collision or other drivers to take evasive action; |
| h) |
Failing to conform to directional arrows and thereby causing traffic congestion or near collision; |
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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