The Road Transport Act 2013 deals with negligent driving and prohibits driving a vehicle negligently on a road. Additional penalties apply if the negligent driving causes death or grievous bodily harm.

The difference between negligent driving and dangerous driving is that a person can drive negligently without being under the influence of alcohol or drugs, or speeding. For example, a driver may be speaking or texting on a mobile phone which causes them to drive negligently.

Penalties for negligent driving range from a fine of up to $1,100 where neither death or grievous bodily harm was caused up to the following:

  • If grievous bodily harm was caused as a result of a first offence, a maximum fine of $2,200 and/or 9 months imprisonment.

  • For an additional offence where the negligent driving caused grievous bodily harm, a maximum fine of $3,300 and/or 12 months imprisonment.

  • If a death occurred as a result of a first offence, a maximum fine of $3,300 and/or 18 months imprisonment.

  • For an additional offence when a death has occurred, a maximum fine of $5,500 and/or 2 years imprisonment.

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