Dangerous driving et al

NUTLEY BOY

In Irish RTA law is there a charge below careless driving (S. 52 RTA 1961) ? e.g. driving without due care and attention.

coylemj

Driving without due care and attention is the definition of what is commonly known as 'careless driving', that's under S.52. But the 1961 act also added 'or without reasonable consideration for other persons....'


52.—(1) A person shall not drive a vehicle in a public place without due care and attention, or without reasonable consideration for other persons using the place

The second part ('without reasonable consideration..') was removed from S.52 and split out into a separate offence under S.51A in 1968 ....

49.—The Principal Act is hereby amended by the insertion of the following section after section 51:

“Driving without reasonable consideration.

51A. (1) A person shall not drive a vehicle in a public place without reasonable consideration for other persons using the place.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.”

http://www.irishstatutebook.ie/eli/1968/act/25/section/49/enacted/en/html#sec49

My guess is that between 1961 and 1968 there a legal challenge when someone got a summons worded according to the original S.52 because they would be accused of A or B and therefore technically unable to tell exactly what they were being accused of.

Little CuChulainn

Section 51A is also a fixed charge penalty offence.

Carawaystick

Where is the bar set for reasonable consideration?
I presume it's higher than farting in a car.

NUTLEY BOY

Well done - much obliged.

coylemj

Carawaystick wrote: »

Where is the bar set for reasonable consideration?

I suspect it was inserted to cover selfish behaviour like blocking junctions before the yellow box was invented - that sort of thing.

AFAIK S.51A is rarely used, the cops just give you a bollicking instead. It's not worth the paperwork as it only attracts a minimal fine under the general regulations so it's in the same league as parking on double-yellow lines.

Little CuChulainn

coylemj wrote: »

I suspect it was inserted to cover selfish behaviour like blocking junctions before the yellow box was invented - that sort of thing.

AFAIK S.51A is rarely used, the cops just give you a bollicking instead. It's not worth the paperwork as it only attracts a minimal fine under the general regulations so it's in the same league as parking on double-yellow lines.

S52 and 53 require a file. S51s is an FCPS.Significantly less paperwork in the latter.