Under Section 117 of the Road Transport Act 2013 (NSW), it is an offence to drive a motor vehicle on a road in a negligent, reckless, or dangerous manner. The law sets out different penalties depending on the consequences of the driving.
Negligent driving occurs when a driver fails to take proper care while driving. Penalties vary depending on the outcome:
If negligent driving causes death:
First offence: Up to 18 months imprisonment or a fine of 30 penalty units (or both)
Subsequent offence: Up to 2 years imprisonment or a fine of 50 penalty units (or both)
If negligent driving causes grievous bodily harm (serious or permanent injury):
First offence: Up to 9 months imprisonment or a fine of 20 penalty units (or both)
Subsequent offence: Up to 12 months imprisonment or a fine of 30 penalty units (or both)
If no one is seriously injured or killed: Fine of up to 10 penalty units
It is also an offence to drive in a furious or reckless manner, or at a speed or in a way that is dangerous to the public. This applies regardless of whether anyone is injured.
First offence: Up to 9 months imprisonment or a fine of 20 penalty units (or both)
Subsequent offence: Up to 12 months imprisonment or a fine of 30 penalty units (or both)
When determining whether a person is guilty under this section, courts will consider factors such as:
The nature, condition, and use of the road
The amount of traffic at the time or reasonably expected
Any hazards or obstructions (e.g. broken-down vehicles, accident scenes)
If you have been charged with negligent, furious, or reckless driving under Section 117, it is crucial to seek legal advice from experienced traffic lawyers such as the team at ED Legal. A conviction for this type of offence can have serious consequences, including licence disqualification, heavy fines, or even imprisonment, potentially impacting your employment, freedom, and future opportunities.
Seeking legal advice at an early stage is especially important, as building a strong defence may require expert evidence, such as reports challenging whether an injury amounts to grievous bodily harm or technical analysis of the manner of driving. The earlier you obtain advice, the better positioned you will be to protect your rights and achieve the best possible outcome.
