Other Driving Offences

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Other Driving Offences

NEGLIGENT DRIVING

  1. Negligent driving is a summary offence under section 117(1) of the Road Transport Act.
  2. Summary offences must always be dealt with in the Local Court.
  3. Section 117(1)(c) of the Road Transport Act provides a maximum Court imposed penalty of 10 penalty units (i.e. a fine of up to $1,100).
  4. An automatic disqualification period is not attached to this offence.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You were the driver of a vehicle AND
  2. You drove in a manner which departs from the standard expected of an ‘ordinary prudent driver’.

What is the standard of driving expected by an ordinary prudent driver?

While the ‘ordinary prudent driver’ is not explicitly defined, it is an objective assessment of what a reasonable person would have done if they were in your circumstances.

  1. You may not accept that you were the driver of the vehicle.
  2. You may have honestly and reasonably believed that you were driving within the expected standards.
  3. You may have had a medical episode causing you to act involuntarily.
  4. You may have been acting under duress.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you were driving negligently.

You may accept that you drove negligently, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

The maximum penalty that can be issued to you by Police is a fine of up to $488 and 3 demerit points. If the Police issue you with a Court Attendance Notice instead, the Local Court may order you to pay a maximum of 10 penalty units (i.e. a fine of up to $1,100).

Will I lose my licence?

It depends on how many demerit points you have acquired.

  • Learner or P1 drivers will be suspended once they acquire 4 demerit points in 3 years.
  • P2 drivers will be suspended once they acquire 7 demerit points in 3 years.
  • Unrestricted drivers will be suspended once they acquire 13 demerit points in 3 years.

Will this appear on my criminal record?

It depends. If you are given a fine by Police, it will not appear on your criminal record. However, it will appear on your traffic record.If Police provide you with a Court Attendance Notice and you are convicted of the offence in Court, it will appear on your criminal record.

Will I get a Section 10?

It is possible that you will receive a section 10 (that is, no conviction record), however, it is unlikely. The Court will consider your traffic and criminal record as well as other factors (e.g. time of offending, level of risk posed to the community, etc.).

Will I go to prison?

No, the maximum penalty does not have a term of imprisonment.

POLICE PURSUIT

  1. Police pursuit is a Table 2 offence under section 51B(1) of the Crimes Act.
  2. Table 2 offences are normally dealt with at the Local Court, but sometimes are dealt with in the District Court.
  3. Section 51B(1) of the Crimes Act provides a maximum penalty of 3 years imprisonment and/or 100 penalty units (i.e. a fine of up to $11,000) for first offenders and a maximum penalty of 5 years imprisonment and/or 100 penalty units (i.e. a fine of up to $11,000) for repeat offenders.
  4. An automatic disqualification period is attached to this offence. If this is your first major traffic offence, section 205(2)(d) of the Road Transport Act provides an automatic disqualification period of 3 years which may be reduced by a Court to a minimum of 12 months. If you have previously been convicted of this offence, section 205(3)(d) of the Road Transport Act provides an automatic disqualification period of 5 years which may be reduced by a Court to a minimum of 2 years.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You were the driver of a vehicle AND
  2. You knew or should have known that police were pursuing you AND
  3. You drove dangerously to evade police.

How can police prove that I knew I was being pursued?

It is sufficient for police to prove that there were reasonable grounds for you to suspect that they were in pursuit of your vehicle. Suspicion has a lower threshold than knowledge. Therefore, if Police have activated their sirens and remain behind you, that may amount to reasonable grounds for you to suspect that they were pursuing you.

What amounts to dangerous driving?

Dangerous driving refers to conduct which departs from the standard expected of a reasonable driver. It may include:

  • Speeding,
  • Failing to stop at traffic lights,
  • Driving in the wrong direction and
  • Burnouts.

  1. You may not accept that you were the driver
  2. You may not have known or suspected that police were in pursuit of your vehicle.
  3. You may have honestly and reasonably believed that your driving was not dangerous.
  4. You may have been acting under duress.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you were involved in a police pursuit.

You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

Section 51B(1) of the Crimes Act provides a maximum penalty of 3 years imprisonment and/or 100 penalty units (i.e. a fine of up to $11,000) for first offenders. If you are a repeat offender, the maximum penalty is 5 years imprisonment and/or 100 penalty units (i.e. a fine of up to $11,000).

Will I lose my licence?

Yes, if this is your first time being convicted of this offence, you will be automatically disqualified from driving for a period of 3 years. Section 205(2)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 12 months. If this is your second or subsequent offence, you will be automatically disqualified from driving for a period of 5 years. Section 205(3)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 2 years.

Will this appear on my criminal record?

If you are found guilty of this offence, it will appear on your criminal record.

Will I get a Section 10?

No, if found guilty of this offence, you will not receive a section 10.

Will I go to prison?

While you may be sentenced to full-time imprisonment, various other sentencing options are available to the Magistrate or Judge. Ultimately, this may depend on the objective seriousness of the offence as well as your personal circumstances and criminal record.

FURIOUS DRIVING

  1. Furious driving is a summary offence under section 117(2) of the Road Transport Act.
  2. Summary offences must always be dealt with in the Local Court.
  3. Section 117(2) of the Road Transport Act provides a maximum penalty of 9 months imprisonment and/or 20 penalty units (i.e. a fine of up to $2,200) for first offenders. If this is your second or subsequent offence, the maximum penalty is 12 months imprisonment and/or 30 penalty units (i.e. a fine of up to $3,300).
  4. An automatic disqualification period is attached to this offence. If this is your first major traffic offence, section 205(2)(d) of the Road Transport Act provides an automatic disqualification period of 3 years which may be reduced by a Court to a minimum of 12 months. If you have previously been convicted of this offence, section 205(3)(d) of the Road Transport Act provides an automatic disqualification period of 5 years which may be reduced by a Court to a minimum of 2 years.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You were the driver of a vehicle AND
  2. You drove the vehicle in a furious manner.

What is furious driving?

Furious driving refers to high risk driving as a result of speed or the manner in which you manoeuvre the vehicle. It is driving that endangers passengers and other road users.

  1. You may not accept that you were the driver of the vehicle.
  2. You may have honestly and reasonably believed that you were driving within the expected standard.
  3. You may have been acting under duress.
  4. You may have been acting out of necessity.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you engaged in furious driving.

You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

If this is the first time you commit this offence, section 117(2) of the Road Transport Act provides a maximum penalty of 9 months imprisonment and/or 20 penalty units (i.e. a fine of up to $2,200). If you are a second or subsequent offender, the maximum penalty is 12 months imprisonment and/or 30 penalty units (i.e. a fine of up to $3,300).

Will I lose my licence?

Yes, if this is your first time being convicted of this offence, you will be automatically disqualified from driving for a period of 3 years. Section 205(2)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 12 months. If this is your second or subsequent offence, you will be automatically disqualified from driving for a period of 5 years. Section 205(3)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 2 years.

Will this appear on my criminal record?

If you are found guilty of this offence and subsequently convicted, it will appear on your criminal record.

Will I get a Section 10?

If you are found guilty of this offence, you will not receive a section 10.

Will I go to prison?

While you may be sentenced to full-time imprisonment, various other sentencing options are available to the Magistrate. Ultimately, this may depend on the objective seriousness of the offence as well as your personal circumstances and criminal record.

RECKLESS DRIVING

  1. Reckless driving is a summary offence under section 117(2) of the Road Transport Act.
  2. Summary offences must always be dealt with in the Local Court.
  3. Section 117(2) of the Road Transport Act provides a maximum penalty of 9 months imprisonment and/or 20 penalty units (i.e. a fine of up to $2,200) for first offenders. If this is your second or subsequent offence, the maximum penalty is 12 months imprisonment and/or 30 penalty units (i.e. a fine of up to $3,300).
  4. An automatic disqualification period is attached to this offence. If this is your first major traffic offence, section 205(2)(d) of the Road Transport Act provides an automatic disqualification period of 3 years which may be reduced by a Court to a minimum of 12 months. If you have previously been convicted of this offence, section 205(3)(d) of the Road Transport Act provides an automatic disqualification period of 5 years which may be reduced by a Court to a minimum of 2 years.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You were the driver of a vehicle AND
  2. You drove the vehicle in a reckless manner.

What is reckless driving?

Reckless driving is driving that creates a serious and obvious risk of physical injury to others.

  1. You may not accept that you were the driver of the vehicle.
  2. You may not accept that you were driving recklessly.
  3. You may have been acting under duress.
  4. You may have been acting out of necessity.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you engaged in reckless driving.

You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

If this is the first time you commit this offence, section 117(2) of the Road Transport Act provides a maximum penalty of 9 months imprisonment and/or 20 penalty units (i.e. a fine of up to $2,200). If you are a second or subsequent offender, the maximum penalty is 12 months imprisonment and/or 30 penalty units (i.e. a fine of up to $3,300).

Will I lose my licence?

Yes, if this is your first time being convicted of this offence, you will be automatically disqualified from driving for a period of 3 years. Section 205(2)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 12 months. If this is your second or subsequent offence, you will be automatically disqualified from driving for a period of 5 years. Section 205(3)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 2 years.

Will this appear on my criminal record?

If you are found guilty of this offence and subsequently convicted, it will appear on your criminal record.

Will I get a Section 10?

If you are found guilty of this offence, you will not receive a section 10.

Will I go to prison?

While you may be sentenced to full-time imprisonment, various other sentencing options are available to the Magistrate. Ultimately, this may depend on the objective seriousness of the offence as well as your personal circumstances and criminal record.

DRIVE SPEED DANGEROUS

  1. Drive speed dangerous is a summary offence under section 117(2) of the Road Transport Act.
  2. Summary offences must always be dealt with in the Local Court.
  3. Section 117(2) of the Road Transport Act provides a maximum penalty of 9 months imprisonment and/or 20 penalty units (i.e. a fine of up to $2,200) for first offenders. If this is your second or subsequent offence, the maximum penalty is 12 months imprisonment and/or 30 penalty units (i.e. a fine of up to $3,300).
  4. An automatic disqualification period is attached to this offence. If this is your first major traffic offence, section 205(2)(d) of the Road Transport Act provides an automatic disqualification period of 3 years which may be reduced by a Court to a minimum of 12 months. If you have previously been convicted of this offence, section 205(3)(d) of the Road Transport Act provides an automatic disqualification period of 5 years which may be reduced by a Court to a minimum of 2 years.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You were the driver of a vehicle AND
  2. You drove the vehicle at a speed that endangered the public.

What speed is considered to be dangerous to the public?

The law does not specify the excess speed that will be considered as dangerous to the public. It is determined on case-by-case basis. Police will need to prove that your speed created a real danger to other road-users. The risk must be real and not speculative.

  1. You may not accept that you were the driver of the vehicle.
  2. You may have honestly and reasonably believed that you were not driving at a dangerous speed.
  3. You may have been acting under duress.
  4. You may have been acting out of necessity.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you were driving at a speed dangerous to the public.

You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

If this is the first time you commit this offence, section 117(2) of the Road Transport Act provides a maximum penalty of 9 months imprisonment and/or 20 penalty units (i.e. a fine of up to $2,200). If you are a second or subsequent offender, the maximum penalty is 12 months imprisonment and/or 30 penalty units (i.e. a fine of up to $3,300).

Will I lose my licence?

Yes, if this is your first time being convicted of this offence, you will be automatically disqualified from driving for a period of 3 years. Section 205(2)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 12 months. If this is your second or subsequent offence, you will be automatically disqualified from driving for a period of 5 years. Section 205(3)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 2 years.

Will this appear on my criminal record?

If you are found guilty of this offence and subsequently convicted, it will appear on your criminal record.

Will I get a Section 10?

If you are found guilty of this offence, you will not receive a section 10.

Will I go to prison?

While you may be sentenced to full-time imprisonment, various other sentencing options are available to the Magistrate. Ultimately, this may depend on the objective seriousness of the offence as well as your personal circumstances and criminal record.

DRIVE MANNER DANGEROUS

  1. Drive manner dangerous is a summary offence under section 117(2) of the Road Transport Act.
  2. Summary offences must always be dealt with in the Local Court.
  3. Section 117(2) of the Road Transport Act provides a maximum penalty of 9 months imprisonment and/or 20 penalty units (i.e. a fine of up to $2,200) for first offenders. If this is your second or subsequent offence, the maximum penalty is 12 months imprisonment and/or 30 penalty units (i.e. a fine of up to $3,300).
  4. An automatic disqualification period is attached to this offence. If this is your first major traffic offence, section 205(2)(d) of the Road Transport Act provides an automatic disqualification period of 3 years which may be reduced by a Court to a minimum of 12 months. If you have previously been convicted of this offence, section 205(3)(d) of the Road Transport Act provides an automatic disqualification period of 5 years which may be reduced by a Court to a minimum of 2 years.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You were the driver of a vehicle AND
  2. You drove the vehicle in a manner that is dangerous to the public.

What is ‘manner dangerous to the public’?

Driving in a dangerous manner refers to lack of management and control over your vehicle. The risk associated with your driving must be real and not speculative.

  1. You may not accept that you were the driver of the vehicle.
  2. You may have honestly and reasonably believed that you were not driving in a manner dangerous to the public.
  3. You may have been acting under duress.
  4. You may have been acting out of necessity.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you were driving in a manner dangerous to the public.

You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

If this is the first time you commit this offence, section 117(2) of the Road Transport Act provides a maximum penalty of 9 months imprisonment and/or 20 penalty units (i.e. a fine of up to $2,200). If you are a second or subsequent offender, the maximum penalty is 12 months imprisonment and/or 30 penalty units (i.e. a fine of up to $3,300).

Will I lose my licence?

Yes, if this is your first time being convicted of this offence, you will be automatically disqualified from driving for a period of 3 years. Section 205(2)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 12 months. If this is your second or subsequent offence, you will be automatically disqualified from driving for a period of 5 years. Section 205(3)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 2 years.

Will this appear on my criminal record?

If you are found guilty of this offence and subsequently convicted, it will appear on your criminal record.

Will I get a Section 10?

If you are found guilty of this offence, you will not receive a section 10.

Will I go to prison?

While you may be sentenced to full-time imprisonment, various other sentencing options are available to the Magistrate. Ultimately, this may depend on the objective seriousness of the offence as well as your personal circumstances and criminal record.

MENACING DRIVING

  1. Menacing driving is a summary offence under section 118 of the Road Transport Act.
  2. Summary offences must always be dealt with in the Local Court.
  3. Section 118(1) of the Road Transport Act provides a maximum penalty of 18 months imprisonment and/or 30 penalty units (i.e. a fine of up to $3,300) for first offenders. If this is your second or subsequent offence, the maximum penalty is 2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500).
  4. An automatic disqualification period is attached to this offence. If this is your first major traffic offence, section 205(2)(d) of the Road Transport Act provides an automatic disqualification period of 3 years which may be reduced by a Court to a minimum of 12 months. If you have previously been convicted of this offence, section 205(3)(d) of the Road Transport Act provides an automatic disqualification period of 5 years which may be reduced by a Court to a minimum of 2 years.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You were the driver of a vehicle AND
  2. You drove the vehicle in a manner that menaces other road-users AND
  3. You intended to menace other road-users.

What is menacing driving?

To drive ‘in a manner that menaces’ other road-users refers to the engagement in behaviour that is likely to intimidate others (e.g. tailgating).

  1. You may not accept that you were the driver of the vehicle.
  2. You may not have intended to menace other road-users.
  3. You may have honestly and reasonably believed that your driving was of an acceptable standard.
  4. You may have been acting out of necessity.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you were driving in a menacing manner.

You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

If this is the first time you commit this offence, section 118(1) of the Road Transport Act provides a maximum penalty of 18 months imprisonment and/or 30 penalty units (i.e. a fine of up to $3,300). If you are a second or subsequent offender, the maximum penalty is 2 years imprisonment and/or 50 penalty units (i.e. a fine of up to $5,500).

Will I lose my licence?

Yes, if this is your first time being convicted of this offence, you will be automatically disqualified from driving for a period of 3 years. Section 205(2)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 12 months. If this is your second or subsequent offence, you will be automatically disqualified from driving for a period of 5 years. Section 205(3)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 2 years.

Will this appear on my criminal record?

If you are found guilty of this offence and subsequently convicted, it will appear on your criminal record.

Will I get a Section 10?

If you are found guilty of this offence, you will not receive a section 10.

Will I go to prison?

While it is unlikely that you will be sentenced to full-time imprisonment, various other sentencing options are available to the Magistrate. Ultimately, this may depend on the objective seriousness of the offence as well as your personal circumstances and criminal record.

PREDATORY DRIVING

  1. Predatory driving is a Table 1 offence under section 51A of the Crimes Act.
  2. Table 1 offences can be dealt with in either the Local or District Court.
  3. Section 51A of the Crimes Act provides a maximum penalty of 5 years imprisonment and/or 100 penalty units (i.e. a fine of up to $11,000).
  4. An automatic disqualification period is attached to this offence. If this is your first major traffic offence, section 205(2)(d) of the Road Transport Act provides an automatic disqualification period of 3 years which may be reduced by a Court to a minimum of 12 months. If you have previously been convicted of this offence, section 205(3)(d) of the Road Transport Act provides an automatic disqualification period of 5 years which may be reduced by a Court to a minimum of 2 years.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You were the driver of a vehicle AND
  2. You drove in a manner that threatened to cause an incident AND
  3. You intended to cause actual bodily harm to the occupant(s) of the other vehicle.

What is actual bodily harm?

Actual bodily harm includes injuries that are not required to be permanent but must be more than transient. It may include: scratches, bruises and/or marks.

  1. You may not accept that you were the driver of the vehicle.
  2. You may have honestly and reasonably believed that you were driving in an ordinary and safe manner.
  3. You may accept that your driving departed from the acceptable standard, however, not accept that you intended to cause actual bodily harm to the occupants of the other vehicle.
  4. You may have been intoxicated.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you engaged in predatory driving.

You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

Section 51A of the Crimes Act, provides a maximum penalty of 5 years imprisonment and/or 100 penalty units (i.e. a fine of up to $11,000).

Will I lose my licence?

Yes, if this is your first time being convicted of this offence, you will be automatically disqualified from driving for a period of 3 years. Section 205(2)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 12 months. If this is your second or subsequent offence, you will be automatically disqualified from driving for a period of 5 years. Section 205(3)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 2 years.

Will this appear on my criminal record?

If you are found guilty of this offence, it will appear on your criminal record.

Will I get a Section 10?

No, if found guilty of this offence, you will not receive a section 10.

Will I go to prison?

While it is likely that you will be sentenced to full-time imprisonment, various other sentencing options are available to the Magistrate or Judge. Ultimately, this may depend on the objective seriousness of the offence as well as your personal circumstances and criminal record.

FAILING TO STOP AND ASSIST AFTER GBH

  1. Failing to stop and assist after vehicle impact causing GBH is a Table 1 offence under section 52AB(2) of the Crimes Act.
  2. Table 1 offences can be dealt with in either the Local or District Court.
  3. Section 52AB(2) of the Crimes Act provides a maximum penalty of 7 years imprisonment and/or 100 penalty units (i.e. a fine of up to $11,000).
  4. An automatic disqualification period is attached to this offence. If this is your first major traffic offence, section 205(2)(d) of the Road Transport Act provides an automatic disqualification period of 3 years which may be reduced by a Court to a minimum of 12 months. If you have previously been convicted of this offence, section 205(3)(d) of the Road Transport Act provides an automatic disqualification period of 5 years which may be reduced by a Court to a minimum of 2 years.
  5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1. You were the driver of the vehicle involved in a collision AND
  2. You knew or ought to have known that the incident occasioned death or grievous bodily harm AND
  3. You failed to stop and provide assistance AND
  4. The impact occasioned GBH to another person.

What does ought to have known mean?

Ought reasonably to have known means that a reasonable person in your circumstances would have known that the incident resulted in the death of or grievous bodily harm to another person.

What is GBH?

Grievous Bodily Harm (‘GBH’) is said to have occurred when a person has been permanently or seriously disfigured (e.g. bone fractures, haemorrhaging etc.). Death of a foetus amounts to GBH.

  1. You may not accept that you were the driver of the vehicle.
  2. You may not accept that your vehicle was involved in a collision.
  3. You may have honestly and reasonably believed that the incident did not occasion death or grievous bodily harm.
  4. You may accept that you were involved in an incident, but you may not accept that you failed to stop and assist.

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you failed to stop and assist after being involved in a collision which caused GBH.

You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

Section 52AB(2) of the Crimes Act, provides a maximum penalty of 7 years imprisonment and/or 100 penalty units (i.e. a fine of up to $11,000).

Will I lose my licence?

Yes, if this is your first time being convicted of this offence, you will be automatically disqualified from driving for a period of 3 years. Section 205(2)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 12 months. If this is your second or subsequent offence, you will be automatically disqualified from driving for a period of 5 years. Section 205(3)(d)(ii) of the Road Transport Act, allows the Court to reduce the disqualification period to a minimum of 2 years.

Will this appear on my criminal record?

If you are found guilty of this offence, it will appear on your criminal record.

Will I get a Section 10?

No, if found guilty of this offence, you will not receive a section 10.

Will I go to prison?

While it is likely that you will be sentenced to full-time imprisonment, various other sentencing options are available to the Magistrate or Judge. Ultimately, this may depend on the objective seriousness of the offence as well as your personal circumstances and criminal record.

EXCEED MASS REQUIREMENTS

  1.  Exceeding the mass requirements is a summary offence under section 96 of the Heavy Vehicle National Law Act.
  2. Summary offences must always be dealt with in the Local Court.
  3. Section 96 of the Heavy Vehicle National Law Act provides a maximum penalty of:
    • $4,000 for a minor risk breach,
    • $6,000 for a substantial risk breach, or
    • $20,000 for a severe risk breach with a
  4. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is possible that a criminal conviction will be recorded against you.

  1.  You were the driver of a heavy vehicle AND
  2. The mass of your vehicle exceeded the prescribed mass limit.

What is the prescribed mass of my heavy vehicle?

The prescribed mass of a heavy vehicle varies based on the features of vehicle. For example:

  • Single steer vehicles have a 6-tonne limit,
  • Single axle (dual tyres) vehicles have a 9-tonne limit,
  • Pig trailer tri-axle vehicles have an 18-tonne limit.

How is the level of risk determined?

Section 97 of the Heavy Vehicle National Law Act defines the levels of risk. If the overall mass of your vehicle:

  • Equals between 101% to 104% of the prescribed mass limit, you pose a minor risk,
  • Equals between 105% to 119% of the prescribed mass limit, you pose a substantial risk,
  • Equals to or is more than 120% of the prescribed mass limit, you pose a severe risk.

  1. You may have taken reasonable steps to prevent your vehicle from exceeding the mass limit (i.e. you may have informed the loading team of the mass limit and they exceeded this without your knowledge).

Whether you should plead guilty or not guilty will depend on a number of factors, including whether you accept that you exceeded the mass limit.

You may accept that you committed the offence, but disagree with part or all of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecution to amend the police facts.

What is the maximum penalty?

If the overall mass of your vehicle:

  • Equals between 101% to 104% of the prescribed mass limit, you pose a minor risk, the maximum penalty is $4,000.
  • Equals between 105% to 119% of the prescribed mass limit, you pose a substantial risk, the maximum penalty is $6,000.
  • Equals to or is more than 120% of the prescribed mass limit, you pose a severe risk, the maximum penalty is $20,000

Will this appear on my criminal record?

This will appear on your criminal record if you are found guilty and a conviction is recorded

Will I get a Section 10?

It is possible that you will receive a section 10 (that is, no conviction record). However, the Court will consider your traffic and criminal record as well as other factors (e.g. time of offending, level of risk posed to the community, etc.).

Will I go to prison?

No, the maximum penalty does not stipulate a term of imprisonment.

Why Choose Hugo Law Group to Defend You

Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.

Whether you want to plead not guilty, you are looking to secure the best possible sentence, or a loved one wants to apply for bail, it is essential to have an experienced team of criminal defence lawyers in your corner.

Seeking comprehensive and practical advice at an early stage will best ensure your rights and interests are protected. Our lawyers will properly prepare and present your case to assist you in getting the best possible outcome.

Contact

At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.

Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.

Hugo Law Group is the market leader in criminal defence law, providing exceptional representation to people facing serious criminal charges.

As leaders in criminal defence, we know that every story has two sides. We defend yours.

Get in contact with us today or feel free to call us at 02 9696 1361 (Sydney), 02 5104 9640 (Canberra), 08 6255 6909 (Perth), or 07 5552 1902 (Northern NSW) and find out how we can help you.