What makes driving 'dangerous' for the purposes of s.2?

The meaning of 'dangerous driving' has its own statutory definition in s.2A Road Traffic Act 1988, reproduced verbatim above — it is not restated here. It also carries, in force, a modified standard for designated police and NCA drivers who have undertaken the prescribed training.

Is dangerous driving triable either way, and what is the maximum sentence?

Yes, triable either way. The maximum on conviction on indictment is 2 years' imprisonment; on summary conviction, up to 6 months' imprisonment and/or an unlimited fine (Road Traffic Offenders Act 1988, Sch 2 — a fixed 6-month cap for s.2, not the general limit in a magistrates' court). Disqualification is obligatory (minimum 12 months, RTOA 1988 s.34), with a compulsory extended re-test (s.36) and 3-11 penalty points.

What powers apply when dealing with a suspected dangerous driving offence?

A constable in uniform may require the vehicle to stop (s.163) and require production of the driving licence, insurance and test certificate (ss.164-165). There is no bespoke Road Traffic Act arrest power for s.2, so arrest without warrant is under PACE 1984 s.24, where you have reasonable grounds and an arrest is necessary on one of the s.24(5) grounds.

Dangerous driving

The offence of dangerous driving under s.2 Road Traffic Act 1988 — the statutory elements reproduced verbatim (including the s.2A meaning of 'dangerous driving'), mode of trial and maximum sentence, and the stop, arrest and document-production powers, for frontline officers.

Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).

Reviewed by the BlueLineHub Editorial Team

Last reviewed: 28 August 2026 · Next review due: 28 February 2027

Reviewed by BlueLineHub Editorial

What are the points to prove for dangerous driving under s.2 Road Traffic Act 1988?

Dangerous driving (s.2 Road Traffic Act 1988) is driving a mechanically propelled vehicle dangerously on a road or other public place — 'dangerously' has its own statutory meaning in s.2A, reproduced verbatim below.

Dangerous driving is triable either way. s.2 itself is silent on penalty — the maximum, mode and obligatory disqualification are set out in Road Traffic Offenders Act 1988, Schedule 2, with the minimum disqualification period fixed by RTOA 1988 s.34.

All offence cards

Dangerous driving is an offence under s.2 Road Traffic Act 1988: driving a mechanically propelled vehicle dangerously on a road or other public place. What counts as 'dangerous driving' is itself defined in s.2A, reproduced verbatim below. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.

Offence

s.2 Road Traffic Act 1988

Mode of trial

Triable either way.

Maximum sentence

2 years' imprisonment on conviction on indictment; on summary conviction, up to 6 months' imprisonment and/or an unlimited fine (Road Traffic Offenders Act 1988, Sch 2 — the 6-month figure is a fixed cap for s.2, not converted to the general limit in a magistrates' court; the level-5 fine is uncapped by LASPO 2012 s.85). Obligatory disqualification (minimum 12 months, RTOA 1988 s.34) with a compulsory extended re-test (RTOA 1988 s.36), plus 3-11 penalty points.

Points to prove — statutory elements

Reproduced verbatim from the Act as published on legislation.gov.uk. These are the statutory elements, not a paraphrase — confirm the up-to-date text and any amendments at the source.

s.2 — Dangerous driving.the offence

(2) A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.

Read s.2 on legislation.gov.uk

s.2A — Meaning of dangerous driving.meaning of dangerous driving

(1) For the purposes of sections 1 , 1A and 2 above a person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only 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.

But this subsection does not apply where subsection (1B) applies.

(1A) Subsection (1B) applies where a designated person—

(a) is driving for police purposes (subject to subsections (1E) and (1F)), and

(b) has undertaken prescribed training.

(1B) For the purposes of sections 1, 1A and 2 above, the designated person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)—

(a) the way the person drives falls far below what would be expected of a competent and careful constable who has undertaken the same prescribed training, and

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

(1C) In subsections (1A) and (1B) “designated person” means—

(a) a constable,

(b) a member of staff appointed by the chief officer of police of a police force in England and Wales,

(d) a member of staff appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8),

(e) an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003,

(f) a person employed or engaged by—

(i) a chief officer of police,

(ii) the British Transport Police Authority,

(iii) the Civil Nuclear Police Authority,

(iv) the chief constable for the Ministry of Defence Police, or

(v) the Scottish Police Authority,

to train a person within any of paragraphs (a) to (e) to drive for police purposes,

(g) a person employed or engaged by a person within paragraph (f)(i) to (v) to train another person to carry out training of the kind mentioned in that paragraph,

(h) a National Crime Agency officer, or

(i) a person engaged by the National Crime Agency—

(i) to train a National Crime Agency officer to drive for law enforcement purposes, or

(ii) to train another person to carry out training of the kind mentioned in sub-paragraph (i).

(1D) In subsection (1C)(a) “constable” does not include a port constable within the meaning of section 7 of the Marine Navigation Act 2013 or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964.

(1E) In the case of a National Crime Agency officer, the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for law enforcement purposes.

(1F) In the case of a person within paragraph (i) of subsection (1C), the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for the purpose of the training mentioned in that paragraph.

(2) A person is also to be regarded as driving dangerously for the purposes of sections 1 , 1A and 2 above if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.

(3) In subsections (1) , (1B) and (2) above “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those subsections what would be expected of, or obvious to, a competent and careful driver or constable (as the case may be) in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

(4) In determining for the purposes of subsection (2) above the state of a vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried.

Read s.2A on legislation.gov.uk

Powers of arrest & search

Power to stops.163

A constable in uniform (or a traffic officer) may require a person driving a mechanically propelled vehicle on a road to stop the vehicle (Road Traffic Act 1988 s.163).

Require documentss.164

A constable may require the driver to produce their driving licence and state their date of birth (s.164); s.165 extends this to producing insurance and test certificate documents, either at the roadside or at a police station within a specified period.

Arrest without warrants.24

There is no bespoke Road Traffic Act arrest power for s.2 — a constable may arrest without warrant anyone whom they have reasonable grounds to suspect of dangerous driving, where an arrest is necessary on one of the s.24(5) grounds (PACE 1984 s.24).

Code of Practice: PACE Code G — arrest →

CPS charging guidance

Verbatim extracts from the CPS charging guidance (Crown copyright, reproduced under the Open Government Licence v3.0). CPS revises this guidance — confirm against the live page and current law.

Dangerous DrivingCPS charging guidance

See above for the statutory definition of dangerous driving, the different standard in certain circumstances for designated persons and the examples of what, objectively, may amount to dangerous driving.

The manner of driving must be seen in the context of the surrounding circumstances in which it took place (for example; amount of traffic, visibility, weather conditions, excess speed, etc.). The circumstances in every case will be unique and must be considered in each case before reaching a decision as to the appropriate charge.

Read on cps.gov.uk

Dangerous driving — Sentencing Council guideline RTC response

s.2A(1)-(2) sets the general standard: driving falls below what a competent and careful driver would regard as obviously dangerous, or it would be obvious that driving the vehicle in its current state would be dangerous. In force alongside this, s.2A(1B)-(1D) (inserted by the Police, Crime, Sentencing and Courts Act 2022) apply a modified standard — that of a competent and careful constable, or NCA officer, who has undertaken the same prescribed training — to designated police and NCA drivers assessed against the same test.
The 2-year indictment maximum for dangerous driving was not raised by the Police, Crime, Sentencing and Courts Act 2022 — that Act raised the maximum for causing death by dangerous driving, a separate offence, to life imprisonment.
Death by dangerous driving (s.1), causing serious injury by dangerous driving (s.1A) and careless/inconsiderate driving (s.3) are separate offences in the same Act and are not covered by this card.

Frequently asked

What makes driving 'dangerous' for the purposes of s.2?: The meaning of 'dangerous driving' has its own statutory definition in s.2A Road Traffic Act 1988, reproduced verbatim above — it is not restated here. It also carries, in force, a modified standard for designated police and NCA drivers who have undertaken the prescribed training.
Is dangerous driving triable either way, and what is the maximum sentence?: Yes, triable either way. The maximum on conviction on indictment is 2 years' imprisonment; on summary conviction, up to 6 months' imprisonment and/or an unlimited fine (Road Traffic Offenders Act 1988, Sch 2 — a fixed 6-month cap for s.2, not the general limit in a magistrates' court). Disqualification is obligatory (minimum 12 months, RTOA 1988 s.34), with a compulsory extended re-test (s.36) and 3-11 penalty points.
What powers apply when dealing with a suspected dangerous driving offence?: A constable in uniform may require the vehicle to stop (s.163) and require production of the driving licence, insurance and test certificate (ss.164-165). There is no bespoke Road Traffic Act arrest power for s.2, so arrest without warrant is under PACE 1984 s.24, where you have reasonable grounds and an arrest is necessary on one of the s.24(5) grounds.