Driving without due care and attention, also known as careless or inconsiderate driving, is one of the most commonly committed motoring offences in the UK.
It covers a broad range of behaviours, from momentary lapses of concentration to sustained poor driving, and the consequences can be more serious than many drivers realise.
In July 2025, the Sentencing Council introduced new sentencing guidelines for careless driving in England and Wales, replacing the previous 2017 rules. The changes mean tougher potential penalties for many drivers. This guide covers everything you need to know.
What is driving without due care and attention?
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Driving without due care and attention is officially defined under Section three of the Road Traffic Act 1988
- Driving that falls below the standard expected of a competent and careful driver; or
- Driving that does not show reasonable consideration for other persons using the road
Importantly, intent is not required. Even a momentary lapse in concentration, glancing at a sat nav, missing a mirror check, or briefly looking away from the road, can be enough to constitute the offence.
What is the difference between careless driving and dangerous driving?
These are two distinct offences with very different thresholds.
Careless driving (driving without due care and attention) means your driving fell below the standard expected of a competent and careful driver. It does not require any intent, and no accident needs to have occurred, poor driving itself is enough.
Dangerous driving is a more serious offence where the standard of driving falls far below what would be expected of a competent driver, and it would be obvious to a careful driver that driving in that way would be dangerous. This includes causing death by dangerous driving, driving under the influence, speeding, overtaking dangerously or racing on public roads.
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Driving without due care and attention code
The endorsement code for driving without due care and attention is CD10.
A full list of careless driving offence codes, and the sentencing guidelines, can be seen below:
| DVLA code | Offence | Points on licence | How long the points will stay on your licence |
|---|---|---|---|
| CD10 | The CD10 conviction is given for driving without due care and attention | 3-9 | 4 years |
| CD20 | CD20 is given for driving without reasonable consideration for others using the road | 3-9 | 4 years |
| CD30 | The CD30 conviction is given for driving without due care and attention or reasonable consideration for others using the road | 3-9 | 4 years |
| CD40 | CD40 convictions are given for causing death through careless driving when unfit through drink | 3-11 | 11 years |
| CD50 | CD50 is given for causing death by careless driving when unfit through drugs | 3-11 | 11 years |
| CD60 | CD60 convictions are given for causing death by careless driving when alcohol level is above the limit | 3-11 | 11 years |
| CD70 | CD70 is given for causing death by careless driving then failing to supply a specimen for alcohol analysis | 3-11 | 11 years |
| CD80 | CD80 is given for causing death by careless or inconsiderate driving | 3-11 | 4 years |
| CD90 | The CD90 conviction is given for causing death by driving unlicensed, disqualified or uninsured | 3-11 | 4 years |
For more information about the different driving offence codes and points, see our guide, ‘Driving endorsement codes and penalty points’.
What is the penalty for driving without due care and attention?
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The Sentencing Council introduced new sentencing guidelines for careless driving on 1 July 2025, replacing the previous 2017 framework. The changes represent a tougher approach, particularly for mid-range and serious offences.
Fixed Penalty Notice (FPN)
For lower-level careless driving that does not cause a collision or injury, the police may issue a Fixed Penalty Notice rather than summoning you to court. The fixed penalty is:
- £100 fine
- Three penalty points
Accepting the FPN avoids court proceedings. If you dispute the FPN and request a court hearing, you risk a heavier penalty if your defence is not accepted.
Court sentencing: the new 2025 guidelines
For offences that go to court, magistrates now assess cases using a structured approach based on two factors: culpability (how careless the driving was) and harm (the risk posed or actual injury/damage caused).
The key changes under the July 2025 guidelines are:
Higher fines: Under the 2017 rules, fines were capped at Band C (150% of weekly income). The revised guidelines now allow for Band D fines, up to 250% of weekly income, in the most serious cases. The maximum fine is unlimited.
Wider use of disqualification: Previously, licence disqualification for careless driving was rare. The new guidelines recommend short disqualifications of up to 56 days for mid-range offences. This means drivers no longer need to be at the end of the scale to face a temporary ban.
Points: The range of three to nine penalty points for CD10 – CD30 offences remains unchanged.
New aggravating factors: The updated guidelines specifically identify the following as aggravating factors that can push a case toward a heavier sentence:
- Driving near vulnerable road users (cyclists, pedestrians, school children, elderly people)
- Driving a commercial vehicle
- Distraction (sat nav use, eating at the wheel, adjusting in-car settings)
- Previous convictions
Mitigating factors, such as genuine remorse, no previous convictions, or completion of remedial driver training, can still reduce the severity of the sentence.
Is driving without due care and attention a criminal offence?
Driving without due care and attention can result in a criminal conviction if your case is heard in court. If convicted, you will receive an endorsement on your DVLA driving record. Depending on the circumstances of the offence and the outcome of the case, it may also result in a criminal record.
Careless driving is generally considered a non-recordable offence, which means it should not appear on the Police National Computer and will not usually show up on a basic DBS check. However, every conviction is different, and the outcome will depend on the specific circumstances of your case.
The endorsement will remain on your DVLA driving record for four years from the date of the offence (or up to 11 years for offences involving death, such as CD40 to CD90).
How long do the police have to prosecute for driving without due care and attention?
The police have up to six calendar months to charge you with driving without due care and attention from the date that the offence took place. This is because it is a summary-only offence which can only be heard in a Magistrates’ Court.
How does a careless driving conviction affect car insurance?
A CD10 conviction must be declared to your insurer, and it will almost certainly affect your premium. Insurers view motoring convictions as an indicator of risk, and even a fixed penalty notice resulting in three points can increase your renewal cost.
Insurance cover for convicted drivers
If you’ve had previous motoring convictions and you’re worried about your insurance rates, we have plenty of convicted driver insurance policies to suit you and your situation. We know your past is not necessarily a guide to the future, which is why we offer high-quality insurance cover whatever your history.
For our best rates, call 0800 369 8590 or book a callback at a time that suits you.
