Road Traffic Act 1988 s.3
Previously known as driving without due care and attention, now known as:
Careless; defined at RTA 1988 s.3ZA (2)
“The man on the Clapham omnibus” Greer LJ in the case of Hall v. Brooklands Auto-Racing Club (1933) 1 KB 205
“Commuters on the London Underground” Lord Steyn MacFarlane v Tayside Health Board (1999) 3 WLR
Inconsiderate; defined at RTA 1988 s.3ZA (4)
If you are charged or cited with either careless or inconsiderate driving then you have committed that offence.
This may seem obvious, however, each case will be dependent on its own facts and will have to be argued.
Whoever is bringing the case will have to show that your level of driving fell below that expected of a careful and competent driver.
POINT TO CONSIDER If you do get charged or cited with careless or inconsiderate driving, this is initially a subjective assessment made on the police report. You may well have a very good reason for riding the way you did which could be argued in court. Do not assume that because the charge reads careless driving that you were careless. As soon as you get charged or cited with careless or inconsiderate driving, speak to a legal representative specialising in traffic law.