Free Legal Advice 24/7
Section 65 of the Road Safety Act 1986 makes it an offence to drive a motor vehicle or other vehicles on a highway in a careless manner.
Subsection (1): Careless Driving of a Motor Vehicle
A penalty unit is a standard measure of fines, which can change over time. Currently, 1 penalty unit equals $165.22. Therefore:
Subsection (2): Careless Driving of a Non-Motorised or Other Vehicle
For non-motorised vehicles or other vehicles, the penalties are lower:
Subsection (3): Exemptions for Certain Vehicles
This section defines what is considered a “vehicle” for the purposes of this offence. Specifically:
The definition of “vehicle” under Section 3 of the Road Safety Act 1986 is quite broad and includes any conveyance designed to be propelled or drawn by any means, whether or not it is capable of being propelled or drawn. It includes:
However, it excludes railway locomotives and rolling stock, and the specific exemptions mentioned above for certain wheelchairs.
Careless driving occurs when a driver fails to exercise the level of care and attention that a reasonable and prudent driver would in similar circumstances. It is an objective test, meaning the driver’s actions are evaluated against what a typical driver would have done, considering all the facts and conditions at the time of the incident. This assessment is typically made by a magistrate or judicial registrar in the Magistrates Court.
Examples of careless driving include:
However, it is important to note that being involved in an accident does not automatically mean you were driving carelessly. For example, an accident could have occurred due to unforeseen events such as mechanical failure or a kangaroo suddenly crossing the road. Police may incorrectly assume carelessness in such situations, but they must prove carelessness beyond a reasonable doubt for a conviction.
Careless driving is distinct from dangerous driving. Even if dangerous driving is the charge, a magistrate can still find the defendant guilty of careless driving as a lesser alternative, even if dangerous driving is not proven.
If you’ve been charged with careless driving, especially if your driver’s license is at risk, it’s crucial to seek legal assistance.
Offences of careless driving will be heard in the magistrate’s court.
1.Road Conditions:
Was the road wet, icy, or under construction? Such conditions may have contributed to the incident.
2. Mechanical Failure:
If the accident was caused by an unexpected mechanical failure, this might serve as a defence.
3. Weather and Visibility:
Poor visibility due to fog, rain, or sun glare could be factors.
4. Sudden Obstructions:
Events like an animal darting into the road without warning could be considered unforeseeable and beyond your control.
5. Driver’s Mental or Physical Condition:
If you were fatigued or suffering from an illness that impaired your driving ability, this may be taken into account.
6. Accident Details:
Proving that the incident wasn’t caused by your carelessness, such as showing that you maintained an appropriate speed and following distance, can be a key defence.
In some cases, a defence of accident may apply if you can prove that the event was unforeseen or unavoidable despite driving responsibly.
Testimonials
If you’ve been charged with careless driving, it’s crucial to act quickly:
Seek Legal Advice: Careless driving charges can result in fines, demerit points, and potentially affect your driver’s license. Even though you cannot go to jail for careless driving, the consequences for your license are significant. Contact an experienced traffic solicitor at MK Law to understand your options.
Consider Conviction Outcomes: If convicted, a permanent record for careless driving could affect future employment, insurance, and even immigration status. You might want to explore options like a non-conviction order or diversion.
Diversion Program: In some cases, you may be eligible for diversion, which could allow you to avoid a conviction if you meet certain criteria. This can offer tactical advantages, such as avoiding a criminal record.
Court Representation: Going to court without a lawyer can be risky, especially with something as important as your driver’s license. A solicitor can advocate on your behalf, potentially reducing the severity of the penalty. While it’s possible you could get a favourable outcome without representation, the stakes for your license are too high to take that risk.
Next Steps: If you’ve been charged, contact a traffic solicitor who specialises in such cases. They can provide guidance on the best course of action, whether it involves contesting the charge or negotiating for a more favourable outcome. Don’t take chances with your driving privileges—consult with a lawyer today on 1800 130 120.
Free Legal Advice 24/7
Call Anytime For Free Legal Advice 24/7
Top 5 firms by reputation dealing with traffic and criminal law matters.
