Carelessnes in traffic, the Road Traffic Offences Act.

2016-07-20 i Trafik och körkort
FRÅGA
Hej!While driving my I hit a stone in front of our house and it resulted in a damage around the wheel. We took the car to the garage and it was fixed and we also informed our insurance company. I got her license six month ago. I am wondering if my license will be revoked due to such mishap?Will such mishap be considered as "grov vårdslöshet i trafik"?Thanks
SVAR

Hi

Carlessness in traffic (vårdslöshet i trafik) is regulated in the Road Traffic Offences Act (lagen (1851:649) om straff för vissa trafikbrott).

A driver of a motor vehcile is found guilty of gross carlessness in traffic (grov vårdslöshet i trafik) according to the first section second paragraph of the Road Traffic Offences Act if the driver is guilty of gross negligence or shows apparent indifference to other people's lives or proprety. The penalty of gross carlessness in traffic is imprisonment for up to two years.

A driver that is found guilty of gross carlessness in traffic will also have his driver's license withdrawn according to the fifth chapter third section of the Driving Licence Act (körkortslag (19998:488)).

You are asking if you will be found guilty of gross carlessness in traffic and have your driver's license withdrawn for hitting a stone while driving. I can not based on just the information in your question easily give you an answer of whether or not you will be found guilty of gross carlessness in traffic.

There are many examples of verdicts where drivers have been found guilty of gross carelessness in traffic. Cases of where drivers have been found guilty of gross carlessness in traffic includes drivers overtaking on a curve while not having a clear view and with high speed, dazzling the driver infront with high beam, ramming other drivers, driving significantly faster than permitted and therefore losing the controll over the vehicle and forcing other drivers to dodge and drivers racing in traffic and therefore causing a collision. As you can tell these are very serious incidents where drivers have caused very grave risks for others and have shown gross negligence.

It is difficult to say but based off of the information you have given and the established practice I would not say that you have made yourself guilty of gross carlessness in traffic and therefore should not have driver's license withdrawn.

I hope the answer was of any help. If you have any further questions, please feel free to contact Lawline again.

Regards,

Bartu Bugdayli
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