ABSTRACT

The British response to the shortcomings of the common law has been legislation. However, there have been few instances in which Parliament has legislated in broad terms to punish behaviour which endangers life. A notable exception is s 2 of the Road Traffic Act 1988, which follows a long tradition of making it an offence to drive dangerously on a road. Section 2A of that Act, as amended by the Road Traffic Act 1991, provides:

... a person is to be regarded as driving dangerously if ...:

(a) the way he drives falls below what would be expected of a competent and careful driver, and

(b) it would be obvious to a competent and careful driver that driving in that way would be dangerous.