Careless Driving is recorded on driving licences and on the DLVA database as Driving Offence Code CD10. It is one of the most common driving offence codes recorded, along with speeding code SP30 and mobile phone driving offence code CU80.
The reason it is so common is that Careless Driving is such a wide offence. Driving Offence Code CD10 – Careless Driving – covers anything from clipping a curb in an empty street, to crashing a car and seriously injuring someone.
Different prosecutors across Scotland have very different views on what should be prosecuted as Careless Driving. Some prosecutors take the view that any motoring infraction should bring with it a prosecution. For example, where one driver nudges his car into another vehicle, with only the slightest damage. Often, the owners are happy to exchange details and let the insurance companies sort out the money. In such cases, some prosecutors believe that little is added by prosecuting the driver at fault. Such a prosecution would lead to the driver getting a criminal record, a fine of perhaps £350 and the inconvenience and worry of going to court. Other prosecutors see the matter differently, identifying that where drivers have been careless, they fall into the ambit of the criminal law, and should face prosecution. Such prosecutors emphasise that holding a driving licence is a privilege which is compromised when the law is broken. They argue that where the law clearly identifies a crime, the prosecutors duty is to prosecute individuals who commit that crime. It is Parliament, not prosecutors, who decide what behaviour is subject to prosecution.
Driving offence code CD10 brings with it a wide range of penalties, to reflect the broad scope of driving which it covers. Drivers can be fined anything up to £5000. They can get anything from 3 penalty points to 9 points. If the offence is considered serious enough, the court has the power to ban a driver regardless of the driver’s criminal record or driving history.