What is the penalty for negligent driving in NSW?
Ordinary negligent driving is a fine-only offence, but the penalties rise sharply where someone was hurt or killed. Here is what the charge means and the figures.
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.
| First offence | Second or later | |
|---|---|---|
| Automatic disqualification | None — but a court may disqualify | None — but a court may disqualify |
| Minimum disqualification a court can order | a shorter period | a shorter period |
| Maximum fine | $1,100 | $1,100 |
| Maximum prison | No prison for this offence | No prison for this offence |
| Alcohol interlock | No | No |
These figures are for negligent driving that did not cause death or grievous bodily harm. If it did, the separate charges of negligent driving occasioning death or grievous bodily harm apply — look those up; both are major offences with automatic disqualification.
No disqualification · No fine · No demerit points · No criminal conviction. It is not automatic — the court weighs how serious the driving was and your circumstances.
Want to know what this means for you?
The free guide walks your own charge through to court, step by step. For advice about your matter, speak to Hanna Legal.
The charge in full
- Negligent driving (not occasioning death or grievous bodily harm) — Road Transport Act 2013 (NSW) s 117(1)
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