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Glasgow Live
Glasgow Live
National
Luke Beardsworth & Kirsty McKenzie

The law on splashing someone with your car and how much you could be fined

Driving through puddles on rainy days might seem like an inevitability - especially in places with as much rain as Glasgow.

But motorists rushing through puddles could be landed with a heavy fine if the water slashes pedestrians., according to these driving laws.

Under section three of the Road Traffic Act 1988, it is illegal to splash someone as it amounts to driving “without reasonable consideration for other persons”.

Driving "without reasonable consideration" differs from the offence of driving without due care and attention as it would mean that a third party has been inconvenienced by your driving.

The most common punishment for such incidents is a £100 fixed penalty notice and three points on the licence.

However, if the case goes to court, it could lead to a maximum fine of £5,000 if the driver’s behaviour is found to be “an act of incompetence, selfishness, impatience, or aggressiveness”.

In such cases, it can also result to driving disqualification and between three and nine points on your licence.

This sort of driving could be seen as driving without due care and attention, which is an offence.

However police emphasised officers would make a judgement in each individual case.

Will drivers only be punished if they splashed someone on purpose?

Not necessarily. The law applies when the manner of driving is deliberate and when it is as a result of incompetence, inadvertence or inexperience.

What happens when you're caught driving without due care and attention?

You could receive a summons forcing you to attend court, if the police decide to treat the incident as a crime.

What sort of punishment could you end up with?

You could receive a driving disqualification, between 3 and 9 points on your licence, or a fine of up to £5,000 depending on the nature of the incident.

These factors may lead to tougher action from prosecutors:

  • Excessive speed
  • Carrying out tasks while driving
  • Carrying passengers or a heavy load
  • Tiredness
  • Causing injury
  • Causing damage to other vehicles or property
  • High level of pedestrians or other vehicles
  • Location, such as near a school

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