Driving without reasonable consideration - Section 3 RTA 1988
The law
This offence is committed when a vehicle is driven on a road or other public place "as a result of which other persons using the road or place are inconvenienced." 'Other persons' may include persons in or on the driver's vehicle itself. The penalties are the same as for "Careless Driving".
Generally, prosecutors prefer 'Careless Driving"' to "Driving without due consideration" as the former is easier to prove - there is no need to show that an actual road user is inconvenienced, etc. But 'due consideration' is more appropriate where the real harm done is aimed at, or suffered by a particular person.
The accused must be proved:
to have fallen below the standard of a reasonable, prudent and competent driver in the circumstances of the case; and
to have done so without reasonable consideration for others; and
to have inconvenienced an actual road user.
Note the essential difference between the two offences under Section 3 RTA 1988 is that in cases of careless driving the prosecution need not show that any other person was inconvenienced. In cases of inconsiderate driving, there must be evidence that some other user of the road or public place was actually inconvenienced.
This offence is appropriate when the driving amounts to a clear act of incompetence, selfishness, impatience or aggressiveness. There must, however, also be some inconvenience to other road users, for example, forcing other drivers to move over and/or brake as a consequence. Examples of conduct appropriate for a charge of driving without reasonable consideration are:
flashing of lights to force other drivers in front to give way;
misuse of any lane to avoid queuing or gain some other advantage over other drivers;
unnecessarily remaining in an overtaking lane;
unnecessarily slow driving or braking without good cause;
driving with un-dipped headlights which dazzle oncoming drivers;
driving through a puddle causing pedestrians to be splashed; driving a bus in such a way as to scare the passengers.
hope they didn't get your number pal