New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 117

117 Negligent, furious or reckless driving

(cf STM Act, s 42)

(1) A person must not drive a motor vehicle on a road negligently.

: Maximum penalty--

(a) if the driving occasions death--30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence), or

(b) if the driving occasions grievous bodily harm--20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence), or

(c) if the driving does not occasion death or grievous bodily harm--10 penalty units.

(2) A person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public.

: Maximum penalty--20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).

(3) In considering whether an offence has been committed under this section, the court is to have regard to all the circumstances of the case, including the following--

(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).

(4) In this section--

"grievous bodily harm" includes any permanent or serious disfigurement.