Negligent Driving
Under section 117 of the Road Transport Act 2013, it is an offence to drive a vehicle negligently. Negligent driving involves operating a vehicle in a manner that falls below the standard of care expected of a competent driver. While negligent driving may result in bodily harm or death, this is not an essential element of all negligent driving offences.
Maximum penalty for unrestricted drivers driving Class A motor vehicles:
| Offence | Infringement Notice | Maximum Penalty that can be imposed by Local Court | Demerit Points | Double Demerits | Automatic/Mandatory Licence Disqualification |
| Negligent driving (no death or grievous bodily harm) | $544 | $1,100 fine | 3 | 3 | Not applicable |
| Negligent driving occasioning grievous bodily harm (first offence) | Not applicable | 9 months imprisonment and/or $2,200 fine | Not applicable | Not applicable | Automatic: 3 years
Minimum: 12 months |
| Negligent driving occasioning grievous bodily harm (second offence +) | Not applicable | 12 months imprisonment and/or $3,300 fine | Not applicable | Not applicable | Automatic: 5 years
Minimum: 2 years |
| Negligent driving occasioning death (first offence) | Not applicable | 18 months imprisonment and/or $3,300 fine | Not applicable | Not applicable | Automatic: 3 years
Minimum: 12 months |
| Negligent driving occasioning death (second offence +) | Not applicable | 2 years imprisonment and/or $5,500 fine | Not applicable | Not applicable | Automatic: 5 years
Minimum: 2 years |
Drive recklessly, furiously or at speed or manner dangerous to public
Under section 117(2) of the Road Transport Act 2013, a person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public. Furious or reckless driving is a higher level of disregard for the safety of others than negligence. This offence includes driving in a way that poses a significant risk to the public, such as speeding excessively, swerving between cars in a dangerous manner or ignoring road conditions.
Maximum penalty for unrestricted drivers driving Class A motor vehicles:
| Offence | Infringement Notice | Maximum Penalty that can be imposed by Local Court | Demerit Points | Double Demerits | Automatic/Mandatory Licence Disqualification |
| Drive recklessly/furiously or speed/manner dangerous (first offence) | Not applicable | 9 months imprisonment and/or $2,200 fine | Not applicable | Not applicable | Automatic: 3 years
Minimum: 12 months |
| Drive recklessly/furiously or speed/manner dangerous (second offence +) | Not applicable | 12 months imprisonment and/or $3,300 fine | Not applicable | Not applicable | Automatic: 5 years
Minimum: 2 years |