The Road Traffic Act 1988, Section 2

Dangerous Driving

Official U.K. Legislation:

The Road Traffic Act 1988, Section 2

"A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence"

The Legal Test:

The Road Traffic Act 1988, Section 2A - Meaning of Dangerous Driving

  1. For the purposes of sections 2 a person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)—
    1. the way he drives falls far below what would be expected of a competent and careful driver,and
    2. it would be obvious to a competent and careful driver that driving in that way would be dangerous.
  2. A person is also to be regarded as driving dangerously for the purposes of section 2 if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.
  3. In subsections (1) and (2) above "dangerous" refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those subsections what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.
  4. In determining for the purposes of subsection (2) above the state of a vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried.

Dangerous Driving FAQs

Penalties For Dangerous Driving:

A driver convicted of a contravention of section 2 of the Road Traffic Act 1988 faces a minimum 12 month disqualification AND an order to sit an extended test of competency to drive.

A Court may also impose a fine of up to £10,000 and/or a community payback order.

The Court also has the power to impose a custodial sentence upon a driver. The maximum sentence for this offence is a period of imprisonment of 2 years (if convicted by a Jury) and 6 months if convicted on a summary complaint.

Examples of Dangerous Driving:

  1. Grossly excessive speed
  2. Overtaking where it is unsafe to do so
  3. Causing other road users to take evasive action in order to avoid a collision
  4. Undertaking other vehicles
  5. Contravening solid white line systems

Official Legal Advice in Scotland

The Road Traffic Lawyer

Michael Lyon Solicitors

Michael Lyon Solicitors Limited is a team of highly specialised and experienced road traffic lawyers representing clients charged with motoring offences throughout Scotland. We hold a unique position in the market place due to our outstanding track record for successfully defending road traffic cases over the last decade. We restricted our practice solely to the defence of road traffic prosecutions in 2007 and have not looked back since. Our head office is located on High Street in Glasgow and our second office opened in Dumfries, directly across from Dumfries Justice of the Peace and Sheriff Court, back in 2011 to deal with the high number of speeding prosecutions emanating from the M74.

Over the years we have represented a broad range of clients from Police Officers to politicians and provided expert legal assistance in relation to thousands of road traffic cases in Scotland. Aside from regularly appearing in the Scottish media on matters of road traffic law over the last decade, Michael Lyon is also the accredited Consultant on the Road Traffic Offences and Disqualification section of The Stair Memorial Encyclopaedia, considered to be an essential text for solicitors practising road traffic law in Scotland.

If you are facing prosecution for any road traffic offence in Scotland, from dangerous driving down to a simple speeding charge, contact us today for expert legal representation. We can resolve many cases over the telephone free of charge.

Should the case merit legal representation, we will provide a clear fixed fee quotation to secure the services of our team of expert road traffic lawyers.

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