Negligent Driving
Driving negligently, furiously, or recklessly
Driving negligently, furiously, or recklessly is an offence under section 117 of the Road Transport Act 2013 (NSW) (“RTA”).
In reaching their determination for these offences, the Court will consider all of the circumstances surrounding the incident, especially:
- The nature and condition of the road;
- What the road on which the act was committed is ordinarily used for;
- Amount of traffic actually present at the time;
- Amount of traffic which might be reasonably be expected to be on the road; and
- Any obstructions or hazards that may have affected the driver’s actions at the time, for instance, emergency services and broken-down vehicles.
It is also important to highlight that although furious driving is mentioned in this section, it is generally dealt with under section 53 of the Crimes Act 1900 (NSW) (“Crimes Act”).
Negligent driving occurs where a person operating a motor vehicle on the road fails to take proper care in circumstances where another ordinary and prudent driver would have done so.
Common examples of negligent driving include:
- Failing to observe signs at intersections, such as a stop sign;
- Failing to reduce your speed in certain driving conditions, such as rainy conditions; and
- Tailgating another vehicle where you are unable to observe the road ahead of you.
In order to find you guilty of negligent driving, the prosecution must prove beyond reasonable doubt:
- That you departed from the standard of care required when driving your vehicle;
- That you were driving the vehicle, and not another person; and
- That the vehicle was being driven on a road or other related area.
Additionally, if the charge involves grievous bodily harm or death, it must be shown that:
- A permanent or serious disfigurement occurred because of the negligence in the case of grievous bodily harm; or
- Death occurred because of the negligence in cases involving death.
The penalties for negligent driving are:
- If the driving does not cause death or grievous bodily harm: 10 penalty units ($1,100.00)
- If the driving causes grievous bodily harm, which is permanent or serious disfigurement of the body, then:
- For a first-time offence,
- 20 penalty units ($2,200.00); or
- 9 months imprisonment; or
- For a second or subsequent time,
- 30 penalty units ($3,300.00); or
- 12 months imprisonment; or
- If the driving causes death:
- For a first-time offence,
- 30 penalty units ($3,300.00); or
- 18 months imprisonment; or
- For a first-time offence,
- For a second or subsequent time,
- 50 penalty units ($5,500.00); or
- 2 years imprisonment; or
- An additional disqualification from holding a driver’s licence for a period of time may also apply.
An offence is committed where a person operating a motor vehicle on a road proceeds to drive:
- Furiously;
- Recklessly; or
- At a speed or in a manner dangerous to the public.
In order to be convicted of reckless driving, it must be demonstrated by the prosecution beyond reasonable doubt that:
- You were driving the vehicle at the time, and not another person;
- The vehicle was driving on a road or other related area; and
- You were reckless when driving because the manner in which you drove created an obvious and serious risk of causing injury to another road user or substantial damage to property.
Additionally, for charges under this offence for reasons of excessive speed, not only must excessive speed be evidenced, it must also be satisfied beyond reasonable doubt that another person, whether they be someone within the vicinity or a passenger of the vehicle, was placed in danger.
The penalties for this offence are:
- For a first-time offence:
- 20 penalty units ($2,200.00);
- 9 months imprisonment; or
- For a second or subsequent offence:
- 30 penalty units ($3,300.00);
- 12 months imprisonment; or
- An additional disqualification from holding a driver’s licence for a period of time may also apply.
Under Section 53 of the Act, a person who is in charge or in operation of a carriage, vehicle, or is on horseback, causes any bodily harm to another person due to engagement in furious riding, driving, racing, or misconduct will be found guilty.
The maximum penalty for this offence is imprisonment for two (2) years.
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