Serious driving offences and penalties

A negligent driving offence is when a driver causes death or serious injury by driving a vehicle irresponsibly.

The difference between dangerous driving offences and negligent driving offences:

A negligent driving offence – causes death or serious injury without speeding or being under the influence of alcohol or drugs.

A dangerous driving offence – causes death or serious injury because of speeding or being under the influence of alcohol or drugs.

An example of a negligent driving offence: when a driver is texting on a mobile phone, which causes an accident, resulting in death or serious injury.

Negligent driving where death is occasioned

Negligent driving where grievous bodily harm is occasioned 

A reckless driving offence is knowingly or carelessly driving in a way which:

• seriously endangers other road users and community members
• creates an obvious and serious risk of causing physical injury to other road users
• creates an obvious and serious risk of causing substantial property damage.

A furious driving offence is knowingly or carelessly driving at a speed which:

• seriously endangers other road users and community members
• creates an obvious and serious risk of causing physical injury to other road users.

You can still be charged with a furious driving offence even if there wasn't anyone on the road at the time of the offence.

In NSW, by law, you have an obligation as a driver or rider to stop and assist if you:

• witness an accident causing physical injury
• are involved in an accident or impact causing physical injury.

To help you understand some of the legal language used, here are some key definitions.

Stop and assist – stopping your vehicle and helping those who are involved in the accident.

Impact – includes any collision of a vehicle with another object.

Examples of an 'impact' include:

• hitting a pedestrian or cyclist
• hitting an object that then falls on someone
• colliding with 2 or more vehicles.

If you fail to stop and assist after witnessing an accident which causes injury, you will be charged according to how serious the injury is.

If you are the driver involvedin an accident or impact, you must stop and assist. If you do not stop, when you know or should have reasonably known it caused injury, you may face more serious penalties.

Predatory and menacing driving offences are situations where a driver pursues or threatens another driver with the intent to cause physical injury. There are some differences between the 2 offences.

Predatory driving offence – driving to pursue another vehicle, intending to cause a collision or impact between the 2 vehicles. You can still be charged with this offence if the vehicles don't collide.

Menacing driving offence – driving in any way that is meant to threaten or appear threatening to another person or property. These offences do not have to occur on a public road.

A police pursuit is when you knowingly drive a vehicle dangerously or at high speed and fail to comply with police when they ask you to pull over. This offence is also known as a hoon offence, and carries severe penalties.

For more information on police pursuits, see Hoon offences.

If you commit a deliberate serious driving offence which causes death or serious injury, you may be prosecuted under the Crimes Act 1900.

Crimes Act 1900 offences you may be charged with include:

• murder
• manslaughter
• grievous bodily harm (reckless or with intent)
• injuries caused by furious driving.