Road traffic
Causing death by driving: unlicensed or uninsured drivers
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.
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.
- Statute:Road Traffic Act 1988, s.3ZB ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗