New DVLA Driving Offence – Causing Injury By Careless Driving (CD33)

On 28th June 2022, the new offence of ‘causing serious injury by careless driving’ (DVLA conviction code CD33) was introduced as part of the Police, Crime, Sentencing and Courts Act.

Prior incidents of this nature saw offenders only being prosecuted for the offence of ‘careless driving’ despite serious injury being caused as a result. They would face a ‘summary only’ offence; that being disqualification and an unlimited fine, however, this new UK law is cracking down on inattentive drivers whose actions result in injury to others.

The aim is to close a perceived loophole in the difference between punishing ‘careless’ driving and ‘dangerous’ driving, so let’s take a quick look at the definition of both;

Careless Driving?(also known as driving without due care and attention) – Driving that falls below the required standard of a ‘competent and careful driver’ e.g. lack of concentration or avoidable distractions.

Dangerous Driving?– Driving which falls?far?below the expected standard of a ‘competent and careful driver’ e.g. being distracted whilst using a mobile phone at the wheel.?

The new law will place a greater emphasis on the?extent of the injuries?rather than the carelessness and attaches?harsher penalties?the more significant the injury.

In addition to increased?penalties, judges will be able to serve?lengthy custodial sentences?as well as?extended driving bans?for the most extreme cases where ‘really serious bodily harm’ has been caused.?

This new law applies to both private and commercial vehicle drivers so Employers may wish to consider measures such as providing a clear ‘driving for work’ policy to help mitigate the risk of careless driving among the workforce.?

Credit: This post has been adapted by an original article posted by Allianz which can be found?here.