Part 5: Road traffic Section 87: Causing serious injury by careless, or inconsiderate, driving
Subsection (1) inserts new section 2C into the RTOA 1988 which introduces a new offence of causing serious injury by careless, or inconsiderate, driving.
	The offence is committed if a person causes serious injury by driving a car or other mechanically propelled vehicle on a road or other public place without due care and attention or without reasonable consideration for other road users.
	New section 2C(2)(a) defines serious injury in England and Wales as physical harm that amounts to grievous bodily harm under the Offences Against the Person Act 1861 and new section 2C(2)(b) defines serious injury in Scotland as severe physical injury.
	Subsection (2) amends section 3ZA of the RTOA 1988 so that the meaning of careless, or inconsiderate, driving applies to the new section 2C offence.
	Subsection (3) amends the table in Part 1 of Schedule 2 to the RTOA 1988 to set the maximum penalty for the offence on indictment as two years’ imprisonment and/or a fine and the maximum penalty on summary conviction as 12 months and/or a fine (noting the practical effect of subsection (4) below).
	There is a general limit on magistrates’ courts’ power in section 224 of the Code to impose imprisonment, or detention in a young offender institution for more than six months in respect of any one offence. There are uncommenced legislative provisions in paragraph 24(2) of Schedule 22 to the Code that would increase magistrates’ courts’ power to impose imprisonment, or detention in a young offender institution to 12 months, if commenced. Subsection (4) therefore provides that for England and Wales the maximum penalty of 12 months on summary conviction is to be read as six months in relation to an offence committed before paragraph 24(2) of Schedule 22 to the 2020 Act comes into force.