has anyone got a DD90 - Furious Driving?

[hugoagogo]

is this a common thing to hand out?
what is considered 'furious driving'? i've been pretty bloody angry on the road before

[vonhosen]

hugoagogo said:

is this a common thing to hand out?
what is considered 'furious driving'? i've been pretty bloody angry on the road before

It's not a Road traffic offence, it's an offence under sec 35 of The Offences Against The Person Act 1861.

It isn't used that often as assault or driving charges are generally preferred.

It however has a couple of things of note:

1) There must be a physical injury as a result.
2) It can be committed anywhere (it doesn't have to be on a road or public place).
3) The wording is 'Whosoever having the charge of any carriage or vehicle, shall, by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever shall be guilty of an offence'.
4) Wanton is described as "without any lawful motive and being thoughtless as to the possible consequences".

Edited by vonhosen on Thursday 21st August 09:52

[davemac250]

I have used this once.

As an additional/alternative charge for someone dragging a security guard up the road clinging to the side of his car.

Really just to see what the CPS would make of it at the time.

Very rare, I believe, although please put me right, that this was originally intended/evolved from horse and cart days and has remained on the statute books in various guises since then?

DM

[the18racer]

Ex-CPS prosecutor here. I used that charge once when prosecuting a youth using a motocross bike on school playing fields. He ran into an eight-year-old girl, causing a compound fracture of her leg. Result- guilty plea at Crown Court, 18 months imprisonment.

The OAPA predates the ICE and must therefore have related to horse-drawn carriages. However, it's still on the statute book, and I would be very careful when using paddock bikes etc. as this offence potentially applies to them (although proving the necessary intent would be very difficult).

Edited by the18racer on Thursday 21st August 13:33

[R39S1]

There is also Furious cycling. The case in Cornwall where the cyclist hit the pedestrian I think came under that.

[Citizen09]

vonhosen said:

It's not a Road traffic offence, it's an offence under sec 35 of The Offences Against The Person Act 1861.

It isn't used that often as assault or driving charges are generally preferred.

It however has a couple of things of note:

1) There must be a physical injury as a result.
2) It can be committed anywhere (it doesn't have to be on a road or public place).
3) The wording is 'Whosoever having the charge of any carriage or vehicle, shall, by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever shall be guilty of an offence'.
4) Wanton is described as "without any lawful motive and being thoughtless as to the possible consequences".

Edited by vonhosen on Thursday 21st August 09:52

Sorry to drag up such an old post, but I'm digging through my Blackstones Road Policing Manual (the 2011 ed. so relatively recent) and also dredging the internet to try and answer a query:

Is there still an offence under the Town Police Clauses Act 1847 in relation to "furious driving" of a vehicle or carriage on a road or public place?

Blackstones indicates that this is still the case but doesn't offer any section reference or further detail and I'm struggling to find the section/offence on http://www.legislation.gov.uk/ukpga/Vict/10-11/89/... except where it relates specifically to hackney carriages in s.61. (This TPCA 1847 offence apparently doesn't include the element of bodily harm required for the s.35 OATPA 1861 offence as above.)

Thanks for any help.

[davepoth]

Citizen09 said:

Sorry to drag up such an old post, but I'm digging through my Blackstones Road Policing Manual (the 2011 ed. so relatively recent) and also dredging the internet to try and answer a query:

Is there still an offence under the Town Police Clauses Act 1847 in relation to "furious driving" of a vehicle or carriage on a road or public place?

Blackstones indicates that this is still the case but doesn't offer any section reference or further detail and I'm struggling to find the section/offence on http://www.legislation.gov.uk/ukpga/Vict/10-11/89/... except where it relates specifically to hackney carriages in s.61. (This TPCA 1847 offence apparently doesn't include the element of bodily harm required for the s.35 OATPA 1861 offence as above.)

Thanks for any help.

Section 28:

Every person who rides or drives furiously any horse or carriage, or drives furiously any cattle;

Level 3 fine and imprisonment for 14 days. Really rather vaguely worded - I've not done a caselaw search but I'd guess the 1861 offence which defines "furiously" would have been as a replacement to make it easier to get the charge to stick.

[vonhosen]

Citizen09 said:

vonhosen said:

It's not a Road traffic offence, it's an offence under sec 35 of The Offences Against The Person Act 1861.

It isn't used that often as assault or driving charges are generally preferred.

It however has a couple of things of note:

1) There must be a physical injury as a result.
2) It can be committed anywhere (it doesn't have to be on a road or public place).
3) The wording is 'Whosoever having the charge of any carriage or vehicle, shall, by wanton or furious driving or racing, or other wilful misconduct, or by wilful neglect, do or cause to be done any bodily harm to any person whatsoever shall be guilty of an offence'.
4) Wanton is described as "without any lawful motive and being thoughtless as to the possible consequences".

Sorry to drag up such an old post, but I'm digging through my Blackstones Road Policing Manual (the 2011 ed. so relatively recent) and also dredging the internet to try and answer a query:

Is there still an offence under the Town Police Clauses Act 1847 in relation to "furious driving" of a vehicle or carriage on a road or public place?

Blackstones indicates that this is still the case but doesn't offer any section reference or further detail and I'm struggling to find the section/offence on http://www.legislation.gov.uk/ukpga/Vict/10-11/89/... except where it relates specifically to hackney carriages in s.61. (This TPCA 1847 offence apparently doesn't include the element of bodily harm required for the s.35 OATPA 1861 offence as above.)

Thanks for any help.

Sec 61 for hackney carriage drivers.

[agtlaw]

Citizen09 said:

Is there still an offence under the Town Police Clauses Act 1847 in relation to "furious driving" of a vehicle or carriage on a road or public place?
...

Thanks for any help.

It's in Wilkinson's latest edition at 5.112. The full text will be in Volume 2 (which I don't have to hand).

Wilkinson 5.112, "Offences akin to dangerous and careless driving arise also under the ... and the Town Police Clauses Act 1847, s.28. These Acts would apply to motor vehicles, cycles and horse-drawn vehicles and (except for s.28) to equestrians, mahouts, cameleers and outward bound ladies from Riga (Williams v. Evans (1867) 41 JP 151). ... The only value of these Acts so far as cases against motorists and cyclists are concerned is that warning of intended prosecution need not have been given."

[davepoth]

I really want to read Williams v Evans now, I'd be intrigued to see how the judge decided that outward bound ladies from Riga equated to livestock...

[Baryonyx]

Citizen09 said:

Sorry to drag up such an old post, but I'm digging through my Blackstones Road Policing Manual (the 2011 ed. so relatively recent) and also dredging the internet to try and answer a query:

Is there still an offence under the Town Police Clauses Act 1847 in relation to "furious driving" of a vehicle or carriage on a road or public place?

The act has not been repealed so yes, as far as I can see you can still prosecute for this offence. The Town and Police Clauses Act contains a lot of good legislation of use to police officers and is worth knowing about, although most of the offences prescribed under the act have been 'modernised' and turned into more comprehensive legislation via their own acts.

A friend of mine who is a police officer reported a male for furious riding of a pedal cycle after he cut across a lane of traffic causing a minor injury RTC between other road users. The summons was duly created and processed though I cannot recall the outcome, it certainly went to court, though whether or not the cyclist found himself answering for furious pedal cycling or a due care and attention offence I do not know.

[Citizen09]

Thanks all, and particularly for the references too.