NEW SOUTH WALES

Negligent Driving NSW

In shortNegligent driving in NSW means driving below the standard of a reasonable driver. Without injury it carries a maximum of 10 penalty units and is often dealt with by penalty notice. If it causes grievous bodily harm or death, maximums rise to 9 or 18 months imprisonment, with automatic disqualification on conviction.

  • The offence: driving a motor vehicle on a road negligently (Road Transport Act 2013 s 117(1)).
  • Penalties: 10 penalty units without injury; up to 9 months imprisonment for grievous bodily harm and 18 months for death, for a first offence.
  • Licence: automatic disqualification under s 205 where death or grievous bodily harm is caused; discretionary disqualification otherwise (s 204).

New South Wales law · law checked 23 Oct 2026

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What's on this page

The offence

Under Road Transport Act 2013 s 117(1), a person must not drive a motor vehicle on a road negligently. Negligence means driving below the standard of care of a reasonable driver in the circumstances. It does not require an intention to drive badly. In deciding whether an offence is committed, the court considers all the circumstances, including the nature, condition and use of the road and the amount of traffic actually present or reasonably expected (s 117(3)).

Maximum penalties

Charge First offence Second or subsequent offence
Negligent driving occasioning death (s 117(1)(a)) 30 penalty units and/or 18 months imprisonment 50 penalty units and/or 2 years imprisonment
Negligent driving occasioning grievous bodily harm (s 117(1)(b)) 20 penalty units and/or 9 months imprisonment 30 penalty units and/or 12 months imprisonment
Negligent driving, no death or grievous bodily harm (s 117(1)(c)) 10 penalty units 10 penalty units

Negligent driving without death or grievous bodily harm is often dealt with by a penalty notice, with demerit points. You can elect to have it dealt with by a court.

Licence consequences

Negligent driving occasioning death or grievous bodily harm is a major offence, so conviction brings an automatic disqualification under s 205, with a court able to order a shorter period down to the minimum. For negligent driving without injury, the court may disqualify you under s 204, but it is not automatic.

  • Furious, reckless or dangerous driving (s 117(2)): up to 20 penalty units and/or 9 months imprisonment for a first offence.
  • Dangerous driving occasioning death or grievous bodily harm (Crimes Act 1900 s 52A): a serious indictable offence usually dealt with in the District Court.

See dangerous driving NSW and other traffic offences NSW.

Defending a negligent driving charge

The prosecution must prove that your driving fell below the standard of a reasonable driver, and, for the aggravated charges, that your driving caused the death or grievous bodily harm. Issues that can arise include what actually caused the crash, the road and weather conditions, mechanical failure, sudden medical events and the reliability of witness and crash investigation evidence. Get advice before you plead.

Getting ready for court

In a negligent driving matter the facts of the crash often matter more than anything else, so get the police brief and any crash investigation report before deciding on a plea. If injury was caused, the court will usually receive a victim impact statement. Your own material can include references, evidence of remorse such as contact with the injured person through appropriate channels, and evidence of any effect on your work. An early guilty plea attracts a discount (Crimes (Sentencing Procedure) Act 1999 s 22), and a Local Court sentence can be appealed to the District Court, generally within 28 days.

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FAQs: negligent driving in NSW

Is negligent driving a criminal offence?

Yes. It is an offence under the Road Transport Act 2013. The less serious form is often dealt with by a penalty notice; the aggravated forms go to court.

Will I lose my licence for negligent driving?

If the driving caused death or grievous bodily harm, a disqualification applies automatically on conviction. If not, the court has a discretion to disqualify you.

Can I get a section 10 for negligent driving?

It is possible, particularly for negligent driving without injury. Section 10 is not available for negligent driving occasioning death or grievous bodily harm if you had a section 10 for another applicable offence in the previous 5 years (Road Transport Act 2013 s 203).

Disclaimer: This page is general information only, not legal advice. Every case depends on its facts and your record.

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Sources and date checked

The law on this page was checked against these primary and official sources on 23 Oct 2026. Penalty unit dollar amounts are as at 23 Oct 2026.

This page is general information about New South Wales law only. It is not legal advice. Every matter turns on its own facts.

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