Negligent driving is a common traffic offence prosecuted in New South Wales. Many drivers assume it only applies to reckless behaviour, but negligent driving can arise from something as simple as a brief lapse in attention.
Understanding the law can help drivers recognise their obligations and the potential consequences of failing to drive with proper care.
The Law: Road Transport Act 2013 (NSW) s 117(1)
In New South Wales, negligent driving is governed by section 117(1) of the Road Transport Act 2013 (NSW).
A person commits the offence if they drive a motor vehicle on a road negligently.
The key question for the court is whether the driver failed to exercise the level of care and attention that a reasonable driver would use in the same circumstances.
This means the offence focuses on carelessness or inattention, rather than deliberate dangerous behaviour.
What Counts as Negligent Driving?
Negligent driving can occur in many everyday situations where a driver fails to properly pay attention to the road.
Examples may include:
- Failing to keep a proper lookout
- Misjudging distance when turning
- Not checking mirrors before changing lanes
- Brief distraction while driving
- Following another vehicle too closely
Even if the conduct was accidental, a driver may still be found guilty if their driving fell below the standard expected of a competent driver.
More Serious Forms of the Offence
Negligent driving becomes more serious when it results in injury or death.
The law recognises three main forms of the offence:
- Negligent driving
- Negligent driving occasioning grievous bodily harm
- Negligent driving occasioning death
The seriousness of the charge depends largely on the consequences of the driving.
Possible Penalties
Penalties for negligent driving vary depending on the circumstances and the driver’s record.
They may include:
- Fines
- Licence disqualification
- Demerit points
- A criminal conviction
- In serious cases, imprisonment
Conclusion
Negligent driving under section 117(1) of the Road Transport Act 2013 (NSW) occurs when a driver fails to exercise the level of care expected of a reasonable driver.
While it often results from momentary inattention, it can still carry serious legal consequences. Drivers should always remain alert and attentive to ensure the safety of themselves and other road users.
