Predatory Driving
Predatory Driving is covered in section 51A of the Crimes Act 1900 NSW
The offence of predatory driving involves:
– pursing or travelling near another vehicle; and
– engaging in conduct that causes or threatens an impact (with the vehicle, person or an object, or the vehicle overturning or leaving the road); and
– intending that conduct to cause a person in the other vehicle actual bodily harm
Penalties for Predatory Driving
| Maximum Imprisonment | Disqualification Period |
|---|---|
| 5 years (if dealt with in the District Court on indictment) | 1st major offence in 5 years Automatic – 3 years disqualification Minimum – 12 month disqualification |
| 18 months (if dealt with in the Local Court summarily) | 2nd major offence in 5 years Automatic – 5 years disqualification Minimum – 2 years disqualification |
Menacing Driving
Menacing Driving is covered in section 43 of the Road Transport (Safety and Traffic Management) Act 1999 NSW The offence of menacing driving involves:
The person may be menaced by:
– a threat of personal violence or by a threat of damage to property
There is a statutory defence to this offence which provides that a person is not guilty of the offence if the person could not, in the circumstances reasonably avoid menacing the other person
Penalties for Menacing Driving – 1st offence in 5 years
| Maximum Imprisonment and/or Maximum Fine | Disqualification Period |
|---|---|
| Intentional menacing 18 months imprisonment $3300 fine | Automatic – 3 years disqualification Minimum – 12 month disqualification |
| Possible menacing 12 months imprisonment $2200 fine |
Penalties for Menacing Driving – 2nd offence in 5 years
| Maximum Imprisonment and/or Maximum Fine | Disqualification Period |
|---|---|
| Intentional menacing 2 years imprisonment $5500 fine | Automatic – 5 years disqualification Minimum – 2 years disqualification |
| Possible menacing 18 months imprisonment $3300 fine |
Alternative charge to Menacing Driving
There is an alternative charge to menacing driving of Intimidatory use of vehicles and vessels contained in s11H of the Summary Offences Act 1988 NSW – which is a lesser charge and only carries a maximum fine of $660. This traffic offence prohibits a person from using a motorized vehicle or vessel in a public place:
– in a manner as to harass or intimidate another person; or
– in such a manner as would be likely to cause a person of reasonable firmness to fear his or her personal safety.
