FAQ: Road Rage and Driving Offences

Anyone who drives through busy town or city streets has no doubt encountered or perhaps even committed road rage. Road rage is not an actual offence in itself but it can lead to prosecutable offences.

Why Do Drivers Get Road Rage?

Driving in today’s congested roads is a stressful situation and that in itself is enough to raise a driver’s temper. But road rage can be caused by diverse factors such as the weather, road works, noisy passengers and of course, other drivers. Most people are able to handle this stress and realise that it is part of life on the road. Other people do have low stress thresholds and that is when road rage comes into play. Psychologists have also claimed that road rage is a behaviour first learned during childhood when children see angry behaviour as the norm.

Is Road Rage a Driving Offence?

In itself road rage is not classified as an offence. There are other factors that can come into play that will turn road rage into a prosecutable offence. Drivers who shout and make gestures towards other drivers are not usually in danger of ending up in court, although they could. But if the road rage turns into violence against another then this can be classed as common assault or battery. The courts in the UK have made it clear that these offences will not be tolerated. A custodial sentence can be the ultimate outcome for drivers who cannot control their tempers.

What is the Punishment for Common Assault?

The sentence for common assault will depend on a number of different factors and no two cases are alike. Common assault is judged to be a very serious offence and can carry a six month custodial sentence. There may be certain circumstances involved that will lead to various defences being put forward to the courts. It is always vital that legal council is sought if these charges are to be brought before a court.

Is A Six Months Custodial Sentence the Maximum?

The sentence given will depend on the severity of the crime. The assault may be serious enough that it can be classed as actual bodily harm (ABH). This is considered a more serious offence than common assault and the sentence can be six months in prison. Actually bodily harm cases can be tried in the Crown Court and judges can impose sentences of up to five years in prison if found guilty.

Are Threats Made By Other Drivers an Offence?

A recent survey conducted by Zurich Insurance brought some surprising road rage statistics. Of the 1,161 UK drivers polled, 66% admitted using threatening behaviour to another road user. Around 77% of those polled also felt that this type of threatening behaviour was acceptable. But in the eyes of the law this type of threatening behaviour can lead to the driver being charged under sections 4 and 5 of the Public Order Act 1986. Using threatening behaviour or using verbal insults and abuse are offences in the UK.

What Are the Punishments for Threatening Behaviour?

A community penalty would be the starting point for sentencing for threatening behaviour. But the sentence will depend on the mitigating and aggravating circumstances. An early guilty plea could mean the judge will reduce the sentence by a third and the community penalty may be avoided. Depending on the severity of the offence a £5,000 fine can be imposed and/or a six months custodial sentence. Judges may also order that compensation fees are paid to the victim from the defendant.

How Can Road Rage Be Avoided?

For some people it is extremely difficult to control their tempers when faced with stressful driving situations. Drivers should at least try to be generous and try to leave the competitive issues for the sport’s field or office. Anger can be controlled and is something that drivers choose to do, whether they realise this or not. Drivers who are subjected to road rage from others should not retaliate but should make a note of the number plate if they wish to complain to the police. In a worst case scenario, where a driver is followed by another, drive to the nearest police station, not home.

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