Join WhatsApp group

Causing death by driving: unlicensed or uninsured drivers

Road traffic — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Road traffic

Causing death by driving: unlicensed or uninsured drivers

Road Traffic Act 1988, s.3ZB

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
2 years’ custody

Actus reus

  • Cause the death of another person by driving a motor vehicle on a road, and at the time of the driving the driver is unlicensed or uninsured as set out in RTA 1988, s.3ZB.

Mens rea

  • The section does not require careless or dangerous driving. Causation of death by the driving, plus the unlicensed or uninsured status, is what the Crown must prove — read the current section for the exact status limbs.

Defences

Held a licence / was insured for that use · Driving did not cause the death · Not driving on a road · Not the driver

Sentencing Council

Sentencing Council guideline effective 01 July 2023. Offence range: Community order – 2 years’ custody.

View definitive guideline ↗

At the police station

This is not a quality-of-driving offence. Licence and MID records are the first disclosure.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Road traffic

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.