Driving recklessly, furiously, or in a manner dangerous to the public is a serious offence under New South Wales road laws. A Serious driving offence is when a person drives a vehicle in such a manner that it causes, or is likely to cause, serious bodily injury or death to another. These offences are captured under Section 117 of the Road Transport Act 2013 and encompass a wide range of driving behaviours and consequences, from minor traffic accidents to matters where a person has died.
What does Drive actually mean?
To “drive” includes being “in control of the steering, movement or propulsion of a vehicle” under s 4(1) Road Transport Act 2013. Although the courts have found that the ability to steer a vehicle is not essential. Control over propulsion, that is, over the way the vehicle moves or stops alone, is sufficient to be considered driving a motor vehicle: R v Affleck (1992) 65 A Crim R 96 at 98; Williams v R at [62]. The manner of driving does not always have to link directly to the time a person has stopped or collided, but it must be linked for the offence to be proven.
What constitutes Negligence?
Negligent Driving is a far lower standard than driving in a manner that is dangerous or reckless. Negligence is generally defined as a person’s driving departing from what a reasonable road user or driver would consider acting with due care and attention.
What Constitutes Reckless or Dangerous Driving?
Reckless or dangerous driving generally involves operating a vehicle in a way that disregards the safety of others or shows a lack of care for other road users. It is often argued and accepted that reckless driving can involve driving of a lower standard than what would be considered dangerous; this could include driving that shows a blatant disregard for other road users. Furious Driving can consist of driving that shows extreme aggression, and driving in a Dangerous Manner, operating in a way that creates an obvious and serious risk of causing physical injury to other road users.
Some examples of this type of driving include:
- Excessive Speeding: Driving significantly over the speed limit.
- Aggressive Driving: Tailgating, weaving through traffic, or road rage incidents.
- Driving Under the Influence: Operating a vehicle while impaired by alcohol or drugs.
- Ignoring Traffic Signals: Running red lights or failing to give way.
- Street Racing: Participating in unauthorised races on public roads.
- Driving to evade the Police: Police Pursuits
The court is to have regard to all the circumstances of the case, including:-
(a) the nature, condition and use of the road on which the offence is alleged to have been committed,
(b) the amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road,
(c) any obstructions or hazards on the road (including, for example, broken down or crashed vehicles, fallen loads and accident or emergency scenes).
Penalties
The penalties for these offences can vary depending on the severity of the incident and whether it is a first or subsequent offence. Common penalties include:
- Fines
- Licence Suspension or Disqualification
- Imprisonment
- Demerit Points
Licence Appeal of Suspension Advice
The test for this appeal is quite high. The applicant must show that there are “exceptional circumstances” as to why you need a licence for a Police Suspension. Therefore, reasoning such as transport to/from work, school and/or even having your licence as part of your job are not considered exceptional or extraordinary.
Police Licence Appeals OR RMS / Transport NSW Licence Appeals for more information.
Negligent Driving
The maximum penalty for this offence is a fine of $1,100. The court may decide to disqualify your driver’s licence if they see fit.
Drive Manner Dangerous Penalties / Negligent Driving Causing Grievous Bodily Harm
| Penalties | First Offence | Second or Subsequent Major Offence |
| Maximum court imposed fine | $2,200 | $3,300 |
| Maximum gaol term | 9 months | 12 months |
| Automatic disqualification period | 3 years | 5 years |
| Minimum disqualification period | 12 months | 2 years |
| Maximum disqualification period | Unlimited | Unlimited |
Negligent Driving Causing Death
| Penalties | First Offence | Second or Subsequent Major Offence |
| Maximum court imposed fine | $3,300 | $5,500 |
| Maximum gaol term | 18 months | 2 years |
| Automatic disqualification period | 3 years | 5 years |
| Minimum disqualification period | 12 months | 2 years |
| Maximum disqualification period | Unlimited | Unlimited |
Defences
If charged with reckless or dangerous driving, potential defences may include:
- Honest and Reasonable Mistake of Fact
- Ordinary and Prudent Driver and/or defensive driving
- Mechanical Defect
- Degree of Negligence – inevitable, unavoidable or blameless accident
- Automatism
- Degree of Injury and/or cause of injury.
Driving recklessly, furiously, or in a manner dangerous to the public is not only illegal but also endangers lives. If you are facing charges for such offences, it is essential to understand your legal rights and obligations. Consulting a legal professional can help you navigate the complexities of the law and achieve the best possible outcome.