Negligent Driving (not occasioning death or GBH) is an offence under Section 117(1)(c) of the Road Transport Act 2013 which carries 3 demerit points and a fine or a maximum penalty of $1,100 if dealt with in court after which the RMS will apply 3 demerit points unless you are able to achieve a section 10 dismissal or a conditional release order without a conviction.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
You drove ‘negligently’ if you:
“departed from the standard of care for other users of the road to be expected of the ordinary prudent driver in the circumstances”.
When determining whether the offence has been committed the court must consider:
Examples of negligent driving may include:
Examples that may not amount to negligent driving include:
The offence does not carry a mandatory period of licence disqualification however, a court may disqualify you for a specified period if it wishes to do so.
Defences to the charge include:
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