What Is Negligent Driving in NSW?
Negligent driving is a common but serious traffic offence in NSW that can result in fines, demerit points, licence suspension, and even criminal charges in severe cases. Unlike reckless or dangerous driving, negligent driving does not require intent to cause harm—instead, it is based on failing to exercise reasonable care while operating a vehicle.
If you have been charged with negligent driving, understanding the legal threshold, penalties, and potential defences is crucial. This guide explains what constitutes negligent driving, how it is assessed in court, and what legal options are available to defend against such charges.
Legal Definition of Negligent Driving in NSW
Under Section 117 of the Road Transport Act 2013 (NSW), a person is guilty of negligent driving if they drive a motor vehicle without the proper level of care and attention expected of a reasonable driver. The law considers whether the driver’s actions created a risk to the safety of others on the road.
Examples of Negligent Driving Include:
- Failing to keep a proper lookout for pedestrians or other vehicles.
- Tailgating or failing to maintain a safe distance from other cars.
- Using a mobile phone while driving (outside of hands-free use).
- Running a red light or failing to give way at an intersection.
- Driving while fatigued or under the influence of prescription medication.
- Losing control of a vehicle due to inattention or distraction.
Key Insight: The prosecution does not need to prove intent—only that your driving fell below the expected standard of care.
Types of Negligent Driving Offences and Penalties
Negligent driving offences are classified into three categories, depending on the severity of the offence and whether it resulted in injury or death.
1. Basic Negligent Driving (No Injury or Harm)
- Penalty: $481 fine and 3 demerit points.
- Licence Suspension: No automatic suspension.
- Court Attendance: Only required if contesting the fine.
2. Negligent Driving Occasioning Grievous Bodily Harm (GBH)
- Penalty: Up to $2,200 fine and/or 9 months imprisonment.
- Licence Suspension: Minimum 12 months.
- Court Attendance: Mandatory.
3. Negligent Driving Occasioning Death
- Penalty: Up to $3,300 fine and/or 18 months imprisonment.
- Licence Suspension: Minimum 3 years (court may increase).
- Court Attendance: Mandatory.
Key Insight: The penalties become significantly more severe if someone is injured or killed due to negligent driving.
How Is Negligent Driving Proven in Court?
To secure a conviction for negligent driving, the prosecution must prove that:
- You were driving a motor vehicle on a road in NSW.
- Your driving fell below the standard expected of a reasonable driver.
- Your actions posed a risk to others, even if no actual harm occurred.
Evidence Used in Negligent Driving Cases:
- Police reports and witness statements.
- CCTV footage or dashcam recordings.
- Expert accident reconstruction reports.
- Medical evidence (if injuries occurred).
- Driver’s history (past offences may be considered in sentencing).
Key Tip: The prosecution does not need to prove intent—only that your driving created an unreasonable risk.
Defences Against Negligent Driving Charges
If you have been charged with negligent driving, you may be able to defend yourself in court. Some common defences include:
1. No Negligence Occurred
- Your driving was reasonable under the circumstances.
- There was no actual risk posed to other road users.
- The police misinterpreted the situation.
2. Sudden Medical Emergency
- You experienced a medical episode, such as a seizure or heart attack.
- Medical records and expert testimony can support this claim.
3. Mechanical Failure
- Your vehicle experienced a sudden, unavoidable defect.
- A mechanic’s report can provide supporting evidence.
4. Necessity or Emergency Defence
- You were responding to a genuine emergency (e.g., transporting an injured person to hospital).
- The necessity must be reasonable and proportionate.
Best Practice: If contesting a negligent driving charge, seek legal representation to build the strongest defence.
Can Negligent Driving Charges Be Reduced?
Yes. In some cases, the court may reduce or dismiss the charge under the following circumstances:
- First-time offenders with an otherwise clean driving record.
- Evidence that no real danger was posed to other road users.
- Demonstrating that the incident was a momentary lapse of attention rather than sustained negligence.
- Providing good character references and evidence of remorse.
- Voluntarily completing a defensive driving course before sentencing.
Key Tip: A lawyer may be able to negotiate a lower penalty or have the charge dismissed if there is a lack of strong evidence against you.
What to Do If You Are Charged with Negligent Driving
If you receive a negligent driving charge, taking the right steps early can improve your chances of a favourable outcome.
Step 1: Seek Legal Advice Immediately
- Contact a traffic lawyer to assess your case and explain your options.
- Avoid discussing the case with police without legal representation.
Step 2: Gather Evidence
- Obtain any dashcam footage, GPS records, or eyewitness accounts.
- Document road conditions and any factors that may have contributed to the incident.
- Seek medical records if a health issue played a role in the offence.
Step 3: Consider a Plea Bargain or Defence Strategy
- If the evidence against you is strong, your lawyer may recommend pleading guilty to a lesser charge.
- If contesting the charge, your lawyer will prepare a comprehensive defence strategy.
Key Tip: Even if pleading guilty, a well-prepared case can reduce the severity of penalties.
FAQs on Negligent Driving in NSW
1. Is Negligent Driving a Criminal Offence?
- In minor cases, negligent driving results in a fine and demerit points.
- If someone is injured or killed, the charge is a criminal offence with potential imprisonment.
2. Can I Lose My Licence for Negligent Driving?
- Licence suspension applies for more serious offences.
- Courts may also impose additional disqualification periods.
3. What’s the Difference Between Negligent and Dangerous Driving?
- Negligent driving involves carelessness or lack of attention.
- Dangerous driving involves reckless disregard for safety and carries harsher penalties.
4. How Can I Avoid a Negligent Driving Conviction?
- Demonstrate good driving history and mitigating circumstances.
- Provide strong evidence or expert testimony in your defence.
- Seek legal assistance to explore plea options.
Conclusion: Handling a Negligent Driving Charge in NSW
Negligent driving is a serious offence, but defences are available depending on the circumstances. If you are facing a charge, it’s crucial to act quickly, gather evidence, and seek professional legal guidance.
At Jones Hardy Law, we specialise in traffic law defence and can help you navigate your legal options effectively.For expert legal representation, visit JonesHardyLaw.com.au and book a consultation today.
