Negligent driving (not occasioning death or grievous bodily harm)

A person drives a motor vehicle on a road negligently, meaning their driving fell below the standard of a reasonable and prudent driver in the circumstances.

For a person to be found guilty, the prosecution must prove each of these beyond reasonable doubt. If even one cannot be proved, the charge should fail.

1. You drove
2. A motor vehicle
3. On a road
4. Negligently — an objective test: your driving fell below the standard of a reasonable and prudent driver in the circumstances. In assessing danger to the public the court has regard to the nature, condition and use of the road, the amount of traffic at the time or reasonably expected, and any obstructions or hazards on the road (s 117(3))

This is a summary offence — it is finalised in the NSW Local Court by a judge. There is no committal, no jury and no election to the District Court.

Maximum penalty: 10 penalty units ($1,100). No automatic disqualification — the court may disqualify at its discretion (s 204). Where the negligent driving occasioned death or grievous bodily harm, the separate, more serious offences apply — see those charges.

Summary offences in NSW must generally be started (a court attendance notice issued) within 6 months of the alleged offence, unless the relevant law sets a different period (Criminal Procedure Act 1986 (NSW) s 179). Some offences have their own time limit, so this is a guide only.

Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.