Negligent Driving Charges
Clear advice on penalties, defences and what to expect in the NSW Local Court.
Negligent driving is created by section 117 of the Road Transport Act 2013 (NSW) and applies where a person drives a vehicle without exercising the standard of care and attention that a reasonable, prudent driver would exercise in the circumstances. It is a lower threshold than dangerous driving under the Crimes Act 1900, and is generally the appropriate charge where a driver’s conduct fell below the expected standard, but did not amount to the more serious, objectively dangerous driving required for a Crimes Act charge.
The offence is tiered according to outcome. Where no death or injury results, negligent driving is a fine-only offence attracting demerit points. Where the negligent driving occasions grievous bodily harm, or death, the maximum penalty increases significantly and includes the possibility of imprisonment, with a further increase for a second or subsequent offence. Because negligence is judged more broadly than dangerousness, a momentary lapse in attention — such as failing to notice a stop sign or misjudging a gap in traffic — can be sufficient to found this charge, even where it would not meet the higher threshold required for dangerous driving.
Negligent driving matters occasioning death or serious injury are dealt with summarily in the Local Court and often arise from the same crash as a compulsory third party insurance claim, though the two proceedings are entirely separate and governed by different legal tests. Dash-cam and CCTV footage, expert crash reconstruction evidence, and witness accounts of the moments leading up to a collision are frequently central to how these matters are prosecuted and defended.
Penalties
What you could be facing
| Penalty | Maximum | Notes |
|---|---|---|
| Negligent driving (not occasioning death or GBH) (s117(1)(c) Road Transport Act 2013) | Fine only, no imprisonment | Attracts demerit points in addition to any fine, and is the most commonly charged tier of this offence, often arising from a minor collision or a failure to give way. |
| Negligent driving occasioning grievous bodily harm (s117(1)(b)) | A fine and/or a term of imprisonment | Applies where the negligent driving causes really serious injury to another person. A higher maximum penalty applies for a second or subsequent offence. |
| Negligent driving occasioning death (s117(1)(a)) | A fine and/or a longer term of imprisonment | The most serious tier of this offence, carrying an automatic licence disqualification period on conviction in addition to any fine or imprisonment imposed. |
| Second or subsequent offence (occasioning death or GBH) | Higher maximum penalty applies | Both the maximum fine and maximum term of imprisonment increase for a person with a relevant prior negligent driving conviction. |
Possible Defences
Ways this charge can be challenged
The standard of care was not actually breached
The prosecution must prove that the accused’s driving fell below the standard of a reasonable, prudent driver in the circumstances. Where the accused responded reasonably to a sudden and unexpected situation, or the crash occurred despite the exercise of proper care, this central element may not be established.
Absence of causation
The prosecution must prove that any negligence on the part of the accused actually caused the death or injury relied upon. Where an intervening event — such as the conduct of another driver or a pedestrian, or a genuinely unavoidable hazard — broke the chain of causation, this element is not established.
Sudden and unforeseeable event
Where a collision resulted from a sudden and genuinely unforeseeable event, such as an unexpected mechanical failure with no prior warning or a sudden medical episode, this can support an argument that the driving was not truly negligent, provided the accused had no prior knowledge of the risk.
Identification
Particularly in multi-vehicle or hit-and-run scenarios, whether the accused was in fact the driver responsible for the negligent conduct alleged can be a genuine issue, especially where the evidence relies on CCTV, dash-cam footage from other vehicles, or disputed witness accounts.
What Happens Next
The Local Court process
- 01
Following a collision, police investigate the circumstances, which for more serious outcomes can include a detailed crash reconstruction, before issuing a court attendance notice.
- 02
The matter is first listed for mention in the Local Court, where a plea of guilty or not guilty is entered.
- 03
If a not guilty plea is entered, the prosecution serves its brief of evidence, including any crash reconstruction report, witness statements and footage, before the matter is listed for a defended hearing.
- 04
At a defended hearing, the prosecution must prove that the accused’s driving fell below the required standard of care and that this negligence caused the death or injury alleged, beyond reasonable doubt.
- 05
If a guilty plea is entered, or the charge is proven at hearing, the matter proceeds to sentencing, where the Magistrate considers the degree of negligence involved, the outcome for any victim, the accused’s driving history, and personal circumstances.
- 06
For matters occasioning death, any automatic licence disqualification begins on sentencing, and there is a right of appeal to the District Court against conviction or severity of sentence within strict time limits.
Frequently Asked Questions
Common questions
Negligent driving under the Road Transport Act applies a lower threshold — a failure to exercise the standard of care a reasonable driver would exercise — while dangerous driving under the Crimes Act requires an objectively dangerous manner or speed of driving. A momentary lapse can be enough for negligent driving, whereas dangerous driving generally requires a more serious departure from safe driving.
Basic negligent driving attracts demerit points rather than an automatic disqualification, but negligent driving occasioning death carries an automatic licence disqualification period on conviction, in addition to any fine or imprisonment imposed.
It carries a lower maximum penalty than the equivalent Crimes Act offence, reflecting its lower threshold of culpability, though courts still treat matters involving a fatality with real seriousness and a custodial sentence remains possible depending on the specific facts.
Yes, dash-cam and CCTV footage is commonly used by both the prosecution and the defence in negligent driving matters, and can be critical in establishing exactly what occurred in the moments before a collision, including whether the accused’s driving actually fell below the required standard.
Imprisonment is available but is less commonly imposed than for the equivalent dangerous driving offence, given the lower objective culpability involved, though the specific circumstances of the collision, the accused’s driving history, and personal circumstances all affect the ultimate sentence.
Yes. A negligent driving charge is entirely separate from any compulsory third party (CTP) insurance claim brought by an injured person or a deceased victim’s family, and the two proceedings apply different legal tests and are resolved independently of each other.
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