How to define careless driving/dangerous driving? Definition, judgment standards, penalties and comparison of careless driving and dangerous driving｜Impact of car insurance renewal

Careless driving refers to the driver's behavior that unintentionally causes a traffic accident due to negligence or fatigue while driving. According to Section 38(2) of the Road Traffic Ordinance (Chapter 374 of the Laws of Hong Kong), "any person who drives a vehicle on a road without due care and attention or without reasonable regard for other persons using the road" is driving carelessly.

No due care and attention

When the court determines whether a driver "did not exercise due care and attention", he will objectively consider whether his behavior is consistent with the level expected of a reasonable and prudent driver. Other personal factors such as driving experience will not be considered.

Failing to have reasonable regard for other persons using the road

If the defendant's behavior causes other road users to be affected, the relevant charge will be committed, and the person concerned does not need to prove any injury or property damage.

The court will consider all objective facts and environmental factors related to the accident and obtain evidence of careless driving before convicting the driver. However, if the defendant's behavior shows obvious signs of "carelessness", such as failing to brake quickly and hitting the car in front, the court can infer that the defendant has committed the crime of careless driving. In this case, the driver needs to make a reasonable excuse to escape the crime.

The court has concluded that the following situations constitute careless driving without the defendant having reasonable excuse:

• Vehicle hits pedestrian crossing the road
• The vehicle crossed the road dividing line (i.e. the one-way dotted line in the middle of the road) and caused a traffic accident
• The driver was unable to control the vehicle, resulting in a collision
• When the vehicle exited the main road from a side road, it collided with a vehicle on the main road.

According to Section 38 of the Road Traffic Ordinance (Chapter 374 of the Laws of Hong Kong), the maximum penalty for careless driving is a fine of $5,000 and imprisonment for 6 months. The court may disqualify (suspend) a person from driving under section 69(1) of the same Ordinance and determine an appropriate suspension period.

Basically, if the incident is minor and does not involve casualties, and the defendant goes to court to plead guilty after receiving a court summons, the court will usually impose a fine and Point deduction processing。

According to section 37 of the Road Traffic Ordinance (Chapter 374 of the Laws of Hong Kong), dangerous driving is defined as:

• A person drives a motor vehicle in a manner that falls well short of what would be expected of a competent and careful driver; and
• It would be obvious to a competent and prudent driver that it would be dangerous for the person to drive in that manner.

This means that the driver's driving style is likely to pose a danger to other road users, vehicle passengers or their property, including but not limited to:

• Ignore traffic signal instructions
• Ignore the traffic
• Ignoring police roadblocks/clear instructions given by police officers

When determining whether a driver's behavior is dangerous driving, the court needs to take into account the overall circumstances of the case and all relevant facts, including the nature, condition, usage and actual traffic volume of the road at the material time, as well as the defendant's driving style and physical condition at the time, etc. If the defendant shows obvious irresponsible driving behavior, he will be convicted of dangerous driving, such as racing, running red lights, and serious speeding.

Penalties for dangerous driving can be divided into three categories. The court will also increase the sentence depending on the amount of alcohol or illegal drugs in the defendant's body at the time:

1. Dangerous driving

• The maximum penalty is a fine of HK$25,000 and imprisonment for 3 years.
• A person may be disqualified from driving for at least 6 months on a first conviction and a minimum of 2 years on a second or subsequent conviction.
• compulsory practice driving improvement course
• 10 minutes Driving violation points

2. Dangerous driving causing serious bodily injury to others

• The maximum penalty is a fine of HK$50,000 and imprisonment for 7 years.
• A person may be disqualified from driving for a minimum of 2 years on a first conviction and a minimum of 5 years on a second or subsequent conviction.
• compulsory practice driving improvement course
• 10 minutes Driving violation points

3. Dangerous driving causing death

• The maximum penalty is a fine of HK$50,000 and imprisonment for 10 years.
• A person may be disqualified from driving for a minimum of 5 years on a first conviction and a minimum of 10 years on a second or subsequent conviction.
• If the court or magistrate, after considering the circumstances and behavior of a repeat offender, deems it inappropriate to continue to allow him to drive a car, the driver may be disqualified from driving for life.
• compulsory practice driving improvement course
• 10 minutes Driving violation points

The circumstances of the crime are particularly serious factors that increase the sentence

• If a driver commits any dangerous driving offence, his/her bodyAlcohol level 3, or containing any amount of specified prohibited drugs, including heroin, ketamine, "ice", cannabis, cocaine or "ecstasy", will be regarded as a "particularly serious crime", and the maximum fine, maximum period of imprisonment and minimum suspension period for the relevant offense will each be increased by 50%

Careless driving and dangerous driving are violations of the Road Traffic Ordinance, and "crazy driving" commonly known as crazy driving is a criminal offence.

according to Offenses Against the Person Ordinance Chapter 212, Section 33, Any person who, while in control of a vehicle of any kind, drives indiscriminately, drives recklessly, races or engages in other willful misconduct or willful negligence thereby causing or causing bodily harm to any person shall be guilty of an offense triable summarily or on indictment and shall be liable to imprisonment for 2 years. If someone is killed as a result of the accident, you may be charged with manslaughter.

Since drivers must purchase third-party liability insurance (three guarantees) before driving on the road, the third party's liability insurance will compensate for property damage and personal injury or death of a third party in an accident, but does not include the insured's car. If the driver purchases comprehensive insurance (full coverage), he or she can be fully protected for his or her car.

However, since insurance companies are Processing renewals Premiums will be updated based on the policyholder's car insurance claim record and traffic violation record. If a claim has been made in the previous insurance year, the policy's No Claims Discount (NCD) will be deducted, resulting in a significant increase in renewal premiums; the policyholder may also be "loaded" during renewal, that is, additional premiums will be charged.

However, if a driver is convicted of driving under the influence of alcohol or drugs, their car insurance will become invalid. Some insurance companies will explicitly state this in the policy documents, while others have a broad statement: "If the policyholder commits any illegal act while driving the vehicle, the car insurance will be revoked."