Crime brief

The Road Safety Act 2006 (Commencement No 4) Order 2008 (SI 2008/1918)

This order brings into force from 18 August 2008 the following provisions of the Road Safety Act 2006.

Section 20 inserts a new s 2B into the Road Traffic Act 1988 (RTA 1988) to create an offence of causing death by driving without due care and attention, or without reasonable consideration for other persons. Section 21 inserts a new section 3ZB into RTA 1988 to create an offence of causing death by driving when unlicensed, disqualified or uninsured. Section 30 (which has previously been commenced in part) inserts a new s 3ZA into RTA 1988 to explain when a person is to be regarded as driving without due care and attention, or without reasonable consideration for other persons.

The sentencing guidelines council has issued the following definitive guideline: causing death by careless or inconsiderate driving carries a maximum penalty of five years; causing death by driving, unlicensed, disqualified or uninsured drivers carries a maximum of two years (see tables above for more