Page:Road Traffic (Amendment) Ordinance 2000 (33 of 2000).pdf/3

37. Dangerous driving

(1) A person who drives a motor vehicle on a road dangerously commits an offence and is liable—

(a) on conviction on indictment to a fine at level 4 and to imprisonment for 3 years;

(b) on summary conviction to a fine at level 3 and to imprisonment for 12 months.

(2) A person convicted of an offence under subsection (1) shall be disqualified—

(a) for a period of not less than 6 months in the case of a first conviction; and

(b) for a period of not less than 18 months in the case of a second or subsequent conviction,

unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified.

(3) The court or magistrate may deal with the offence as a first offence when a period of 5 years has elapsed since the person’s last conviction of an offence under subsection (1).

(4) A person is to be regarded as driving dangerously within the meaning of subsection (1) if—

(a) the way he drives falls far 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.

(5) A person is also to be regarded as driving dangerously within the meaning of subsection (1) if it would be obvious to a competent and careful driver that driving the motor vehicle concerned in its current state would be dangerous.

(6) For the purposes of subsections (4) and (5), “dangerous” refers to danger either of injury to any person or of serious damage to property.

(7) For the purposes of subsections (4) and (5), in determining what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had to all the circumstances of the case including—

(a) the nature, condition and use of the road concerned at the material time;

(b) the amount of traffic which is actually on the road concerned at the material time or which might reasonably be expected to be on the road concerned at the material time; and

(c) the circumstances (including the physical condition of the accused) of which the accused could be expected to be aware and any circumstances (including the physical condition of the accused) shown to have been within the knowledge of the accused.