With the heavy rain we had yesterday, it’s important to explain to pupils about how to handle standing water on the road. Every year the issue of “splashing pedestrians” crops up, and it is usually followed by a hundred different interpretations of whether it is illegal or not.
Let’s try and put it to bed once and for all by quoting an actual solicitor (link removed as it contains suspected malware) – that’s someone who deals with the law for a living – and not a driving instructor or piston head who thinks he is Superman.
More about driving without due care and attention/ careless driving
A person is considered to have been driving carelessly or without due care and attention if their driving falls below what would be expected of a reasonable, prudent and competent driver or driving without reasonable consideration for other road users.
The “Driving Offences Charging Standard” produced by the Crown Prosecution Service provides examples of the types of driving that may be considered to be careless. These include:
- driving through a red light,
- pulling out of a side road into the path of another vehicle,
- driving too close to the rear of another vehicle, or
- overtaking on the inside.
Examples of driving without reasonable consideration for other road users include:
- flashing headlamps to force other drivers to move over,
- remaining in the overtaking lane when it is unnecessary,
- failing to dip headlights so other drivers are dazzled, or
- splashing pedestrians by driving through a puddle of water.
The maximum penalty for careless driving is a fine of £2,500 and between 3 & 9 penalty points.
So, splashing pedestrians CAN be treated as driving without due care and attention, and it CAN lead to prosecution.
Now, obviously any such instance would have to be proven, but any normal person would simply conclude that they shouldn’t do it, and should avoid doing it even by sheer accident (after all, if you run someone over, saying it was an accident and that you’re sorry doesn’t alter the fact you did it and you’re going to be in trouble because of it). Unfortunately, there are a lot of people who are prepared to try and fight it in court (at least, in their vivid imaginations) in such a way that they seem to believe they ought to be allowed to do it!
On a more realistic note, however, splashing pedestrians is just wrong (yes, it has a slapstick humour aspect, but then so does drug abuse and murder if you look at a lot of Hollywood movies over the years – but those are still crimes) So don’t do it, and take care when driving through water where you might splash someone.