Offence provision
It is an offence against section 117(1) of the Road Transport Act to drive a motor vehicle negligently.
The seriousness of the offence and potential maximum penalty depend on whether the negligent driving harmed anyone.
What is negligent driving?
Negligent driving occurs when you drive a motor vehicle with less care than would be expected of a typical driver.
In considering whether negligent driving has been committed, a court will consider all circumstances of the offence including:
- The condition of the road.
- The amount of traffic.
- Any hazards on the road (such as broken down vehicles, emergency services, or fallen loads).
What is negligent driving causing death or grievous bodily harm?
The offences of negligent driving causing death and negligent driving causing grievous bodily harm are more serious than the offence of negligent driving.
You may be charged with one of these offences if your negligent driving results in the death or grievous bodily harm of another person.
Grievous bodily harm (GBH) refers to any permanent or serious disfigurement and can include broken bones, burns or scarring.
Licence suspension
If you are charged with negligent driving causing death or GBH, the police can suspend and confiscate your licence within 48 hours of the charge or penalty notice being issued. The suspension will remain in place until the offence is heard by a court. If your licence is disqualified by the court, the magistrate will consider the licence suspension in deciding the disqualification period.
Both a licence suspension and disqualification prohibit you from driving for the specified period. While a licence suspension can be imposed by the RMS or NSW Police without a formal conviction for the offence, a licence disqualification is imposed by a court as part of the penalty for a formal conviction.
Penalties for negligent driving offences in NSW
For the standard offence of negligent driving, the maximum fine is $1,100. This fine applies to the first offence as well as subsequent offences.
The penalties applicable for more serious negligent driving offences are outlined below.
Negligent driving causing grievous bodily harm
| Penalty | First offence | Subsequent offence |
|---|---|---|
| Maximum fine | $2,200 | $3,300 |
| Maximum term of imprisonment | 9 months | 12 months |
| Minimum disqualification | 12 months | 2 years |
| Maximum disqualification | Unlimited | Unlimited |
| Automatic disqualification | 3 years | 5 years |
Negligent driving causing death
| Penalty | First offence | Subsequent offence |
|---|---|---|
| Maximum fine | $3,300 | $5,500 |
| Maximum term of imprisonment | 18 months | 2 years |
| Minimum disqualification | 12 months | 2 years |
| Maximum disqualification | Unlimited | Unlimited |
| Automatic disqualification | 3 years | 5 years |
Consequences of a conviction
If you are convicted of any negligent driving offence, you will have this noted on your criminal record.
If you are convicted of negligent driving causing death or GBH you will also have your licence disqualified. The automatic disqualification period will apply unless the court makes a specific order. The court can disqualify your licence for any length of time within the minimum and maximum periods listed above.
These consequences can be avoided if the court applies section 10 of the Crimes (Sentencing Procedure) Act 1999.
