Road Traffic Act 1988 S 3ZB: R v Williams

Road Traffic Act 1988 S 3ZB: R v Williams

Introduction

This study will present the commentary on Road Safety Act 1988 on the case of R v Williams, in which a person who has violated the s 3ZB of Road Traffic Act 1988, is facing a trial because while driving he had a collision with a pedestrian which results in her death. The person who was driving the car was termed guilty, under S 3ZB because he had no driving licence and no car insurance. However, the court has not found negligence by the driver but from pedestrian. However, the court pronounces the defendant guilty under the act S 3ZB, because the driver was found in violation of this law.

Discussion and Analysis

I commented on the case of Jason John Williams who had been convicted of the offence of causing death by driving when unlicensed, disqualified or uninsured under The Road Safety Act 2006 created by adding s.3ZB to the Road Traffic Act 1988. The essence of the case was that it was recognized that Williams' standard of driving was not a contributory factor to the death of the victim. His conviction was based on his being uninsured. The part of English criminal law that deals with causing death or injury to other people intentionally or recklessly is widely said to be a mess—and as regards the non-fatal offences, particularly so. But it is clarity, rationality and simplicity itself when compared with the law on criminal liability for causing death or personal injury negligently, as a brief analysis of that part of the law, we believe, will show.

Road Safety Act 1988 in English Law

English Law has a range of offences involving the causing of death when driving,:

An individual who is the source of the death of another individual by driving a motor vehicle hazardously on a road or other public place will be sentenced as guilty of an offence in accordance with Road Traffic Act 1988 s.

An individual will be sentenced guilty by the court in accordance with Road Traffic Act 1988 s. 2B who causes the death of another individual by driving a motor vehicle on a road or other public place without attention and due care, or without sensible consideration for other individual using the road or public place.

An individual will be sentenced guilty by the court in accordance with: (a) Section 87(1) of this Act (driving otherwise than in accordance with a licence), (b) Section 103(1)(b) of this Act (driving while disqualified), or (c) Section 143 of this Act (using motor vehicle while uninsured or unsecured against third party risks): Road Traffic Act 1988 s3ZB, if he become the cause of the death of another individual by driving a mechanical propelled vehicle on a road and, at the time of his driving, the circumstances are such that he is committing an offence under the acts mentioned above.

According to the Road Traffic Act 1988 s3A a person will be sentenced guilty by the ...