2. obvious to a competent and careful driver that driving in that way would be dangerous

2. obvious to a competent and careful driver that driving in that way would be dangerous

Section 37(7) of the Road Traffic Ordinance (Cap.374) of the Laws of Hong Kong contains useful guidelines for determining what would be expected of, or obvious to, a competent and careful driver in a particular case:

“regard shall be had to all the circumstances of the case including-

1. the nature, condition and use of the road concerned at the material time;
2. the amount of traffic which is actually on the road concerned at the material time or which might reasonably be expected to be on the road concerned at the material time; and
3. the circumstances (including the physical condition of the accused) of which the accused could be expected to be aware and any circumstances (including the physical condition of the accused) shown to have been within the knowledge of the accused.”

Since “dangerous”, or the danger, has to be “obvious to a competent and careful driver”, the Court has to adopt an objective test by considering the facts of each case from the perspective of a competent and careful driver.  Therefore, as in the case of careless driving, the subjective mindset of an individual driver is not important.