NEGLIGENT DRIVING
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Negligent Driving Is A Serious Offence
Negligent driving is considered a serious traffic offence in New South Wales (NSW). It encompasses a range of driving behaviors that fall below the standard of care expected of a reasonable driver and can result in significant penalties, especially if it causes injury or death.
What is Negligent Driving?
Under Section 117 of the Road Transport Act 2013, negligent driving is defined as driving a motor vehicle on a road or road-related area in a manner that departs from the standard of care that a reasonable and prudent driver would exercise in the circumstances. This can include:
- Failing to keep a proper lookout
- Driving too close to other vehicles
- Failing to give way when required
- Driving at an inappropriate speed for the conditions
- Failing to control the vehicle properly
Negligent driving is categorized into three levels of seriousness:
- Negligent driving (no death or grievous bodily harm)
- Negligent driving occasioning grievous bodily harm
- Negligent driving occasioning death
What Does the Prosecution Need to Prove?
To secure a conviction for negligent driving, the prosecution must prove beyond reasonable doubt that:
- You were driving a motor vehicle on a road or road-related area.
- You drove in a manner that fell below the standard of care that a reasonable driver would have exercised in the circumstances.
- For more serious charges, that your negligent driving caused grievous bodily harm or death.
Evidence may include police reports, witness statements, CCTV footage, and expert testimony on driving standards.
What Are the Police Roadside Powers?
Under the Road Transport Act 2013, police officers have the power to:
- Stop and inspect vehicles
- Require drivers to produce their license
- Conduct breath tests or drug tests if impairment is suspected
- Issue infringement notices or court attendance notices
- Arrest drivers in cases of serious negligent driving causing injury or death
What Are Other Related Charges Under Negligent Driving?
Several other charges may be laid in conjunction with or as alternatives to negligent driving, depending on the circumstances:
- Dangerous driving (Section 52A Crimes Act 1900)
- Furious driving (Section 53 Crimes Act 1900)
- Driving under the influence of alcohol or drugs (Sections 112 and 112A Road Transport Act 2013)
- Speeding offences (Road Rules 2014)
CASE STUDY
In 2023, a 35-year-old driver was charged with negligent driving occasioning grievous bodily harm after failing to give way at an intersection, resulting in a collision that seriously injured a motorcyclist. The driver pleaded guilty and received a 12-month good behavior bond, a $2,000 fine, and a 12-month license disqualification.
Summary Court Process (Local Court)
Most negligent driving cases are heard in the Local Court as summary offences. The typical process involves:
- The accused is served with a court attendance notice outlining the charges.
- The matter is listed for mention, wHERE the accused can enter a plea.
- If pleading guilty, sentencing submissions are made, and the magistrate determines the appropriate penalty.
- If pleading not guilty, the matter proceeds to a defended hearing, wHERE evidence is presented, and the magistrate decides on guilt or innocence.
Indictable Court Process (District Court or Supreme Court)
In cases of negligent driving occasioning death or grievous bodily harm, the matter may be dealt with on indictment in the District Court. The process involves:
- The accused is charged and brought before a Local Court for committal proceedings.
- If committed for trial, the matter is transferred to the District Court.
- The accused enters a plea, and if pleading not guilty, a trial date is set.
- At trial, evidence is presented before a judge and jury, who determine guilt or innocence.
- If found guilty, the judge imposes a sentence.
Local Court Sentencing Options
If convicted of negligent driving in the Local Court, sentencing options include:
- Fines (up to $1,100 for standard negligent driving, higher for offences causing injury or death)
- Good behavior bonds
- Community service orders
- License disqualification
- Imprisonment (for more serious cases causing injury or death)
The magistrate will consider factors such as the degree of negligence, any injuries caused, the driver’s traffic record, and any mitigating circumstances when determining the appropriate penalty.
Negligent Driving
- Duty of care: All drivers owe a duty of care to other road users to drive safely and follow traffic laws.
- Breach of duty: The driver must have violated their duty to drive safely by failing to exercise reasonable care and attention expected of an ordinary prudent driver in the circumstances. This involves driving in a manner that falls below the standard of care of a reasonable driver.
- Causation: The negligent driving must have caused an accident, injury, or damage. For more serious charges, it must have caused grievous bodily harm or death.
- Damages: THERE must be some harm or loss resulting from the negligent driving.
- The accused was driving a motor vehicle on a road or road-related area.
- They drove without the standard of due care and attention reasonably expected of an ordinary prudent driver in the circumstances.
- For more serious charges, that the negligent driving caused grievous bodily harm or death to another person.
- Road conditions
- Weather conditions
- Amount of traffic
- Any hazards present
- Fines:
- For standard negligent driving (not causing death or grievous bodily harm): Up to $1,100
- For negligent driving occasioning grievous bodily harm: Up to $2,200 (first offense), $3,300 (subsequent offense)
- For negligent driving occasioning death: Up to $3,300 (first offense), $5,500 (subsequent offense)
- License Disqualification:
- For standard negligent driving: The court has discretion to disqualify for up to 12 months
- For negligent driving occasioning GBH or death:
- Minimum disqualification of 12 months (first offense), 2 years (subsequent offense)
- Automatic disqualification of 3 years (first offense), 5 years (subsequent offense) if no specific court order
- Imprisonment:
- For negligent driving occasioning GBH: Up to 9 months (first offense), 12 months (subsequent offense)
- For negligent driving occasioning death: Up to 18 months (first offense), 2 years (subsequent offense)
- Other penalties:
- Demerit points (3 points for standard negligent driving)
- Good behavior bonds
- Community service orders
- The degree of negligence
- Whether it caused injury or death
- The driver's traffic record
- Any mitigating circumstances
- Maximum penalties:
- For a first offense: $2,200 fine and/or 9 months imprisonment
- For a subsequent offense: $3,300 fine and/or 12 months imprisonment
- License disqualification:
- Minimum disqualification period: 12 months (first offense), 2 years (subsequent offense)
- Automatic disqualification: 3 years (first offense), 5 years (subsequent offense) if no specific court order
- The court can impose an unlimited disqualification period
- Criminal record:
- A conviction will be noted on your criminal record
- Immediate license suspension:
- Police can suspend and confiscate your license within 48 hours of being charged, until the case is heard in court
- Other potential consequences:
- Community service orders
- Good behavior bonds
- Impact on employment, especially if driving is required for work
- The degree of negligence
- The extent of injuries caused
- The driver's traffic and criminal history
- Any mitigating circumstances
Disclaimer
This information is general in nature and should not be considered legal advice. Every negligent driving case is unique, and the outcome will depend on the specific circumstances and evidence. If you are facing negligent driving charges, it is strongly recommended that you seek legal representation from an experienced traffic lawyer who can advise on the best defence strategy and protect your rights in court.
