News · Criminal law
Negligent driving in NSW: section 117, and the three levels of the offence.
Negligent driving is one of the most common charges to come out of a car accident, and it covers a very wide range, from a minor lapse that hurts no one to a collision that takes a life. Section 117 of the Road Transport Act 2013 (NSW) sets it out in three levels, and the penalties climb steeply as harm enters the picture. This note explains the three levels, the penalties and disqualification, the test for negligence, and how negligent driving differs from the more serious offence of dangerous driving.
By Aaron Kernaghan · Published 28 August 2026
What negligent driving is.
Negligent driving is an offence under section 117 of the Road Transport Act 2013 (NSW). A person drives negligently if they drive a motor vehicle on a road without the care and attention that a reasonable and prudent driver would show in the same circumstances. The test is objective. It does not ask what the particular driver believed was safe. It asks whether the driving fell below the standard of the ordinary careful driver on that road, in that traffic, in those conditions.
Because the standard is the reasonable driver, negligent driving covers a broad field. A brief inattention, a failure to give way, a following distance that was too short, or a speed that was too high for the conditions can all be negligent driving. What lifts one case above another is not the label but the result, and section 117 grades the offence by the harm that follows.
The three levels and their penalties.
The first level is simple negligent driving, where no death or grievous bodily harm results. It carries a maximum fine of 10 penalty units. It does not carry imprisonment. Most of these matters are dealt with by fine and demerit points, and some, where the facts and the driver's record allow, without a conviction at all.
The second level is negligent driving occasioning grievous bodily harm, meaning really serious injury. For a first offence, the maximum is 20 penalty units or 9 months imprisonment, or both. For a second or later offence, it rises to 30 penalty units or 12 months. The third level is negligent driving occasioning death. For a first offence, the maximum is 30 penalty units or 18 months imprisonment, or both. For a second or later offence, it rises to 50 penalty units or 2 years. The step up between the levels is large, which is why the injury and its cause become the centre of the case once harm is alleged.
Losing your licence.
Simple negligent driving usually brings demerit points and a fine, though a court retains a power to disqualify. The two aggravated forms are different. On conviction for negligent driving occasioning grievous bodily harm or death, an automatic disqualification applies, which the court can reduce to a set minimum but cannot remove entirely. On top of that, police have a power to suspend and take a licence within 48 hours where a person is charged with negligent driving causing death or grievous bodily harm, and that suspension stays in place until the court deals with the charge. So a person can be off the road well before the matter is decided.
Negligent driving compared to dangerous driving.
Negligent driving is a lower level of fault than dangerous driving, and the two must not be confused. Negligent driving under section 117 asks whether the driving fell short of the reasonable driver. Dangerous driving occasioning death or grievous bodily harm is a much more serious offence, found in section 52A of the Crimes Act 1900 (NSW), and it carries up to 10 years imprisonment. It requires proof that the vehicle was driven in a manner dangerous to the public, a higher threshold than a mere want of care, and it usually involves an aggravating feature such as high speed, intoxication or gross inattention.
The same collision can be charged either way. Which charge is laid depends on how far the driving fell below the standard and what else was going on, such as alcohol or drugs. Where the more serious charge is laid, negligent driving often remains available as the lesser offence, and the difference between the two, and the difference in penalty, is frequently the ground the case is fought on. Where drugs or alcohol are also in issue, the driving charge sits alongside offences such as drug driving, and the way the whole matter is handled affects the result on each charge.
How a negligent driving charge is defended.
The first question is whether the driving was negligent at all. A genuine accident is not the same as negligence. A momentary lapse that any careful driver might have, a mechanical failure that was not known and could not have been known, a sudden medical event, or the actions of another road user can all bear on whether the standard was breached. On the aggravated forms, causation is a second question. The prosecution must prove that the negligent driving caused the death or the grievous bodily harm, and that link is not always as simple as it first looks.
These matters are built on scene evidence, vehicle data, and expert reconstruction, and that material is best examined early, before it is lost. Anything said to police at the roadside can shape the case, so the guidance in our note on the police interview and the ERISP applies from the scene. Our note on the first thirty days of a serious matter explains why the early steps carry so much weight, which is especially true where a licence has already been suspended and a person needs to be back on the road.
Primary sources: negligent driving is section 117 of the Road Transport Act 2013 (NSW). The more serious offence of dangerous driving is section 52A of the Crimes Act 1900 (NSW). The meaning of dangerous and negligent driving is discussed in McBride v The Queen (1966) 115 CLR 44, searchable on JADE.
Common questions
What is negligent driving in NSW?
An offence under section 117 of the Road Transport Act 2013 (NSW), committed by driving without the care and attention a reasonable and prudent driver would show in the circumstances. It is an objective test against the ordinary careful driver, and it has three levels depending on whether harm results.
What are the penalties for negligent driving in NSW?
Simple negligent driving carries up to 10 penalty units and no imprisonment. Occasioning grievous bodily harm carries up to 20 penalty units or 9 months for a first offence, and 30 penalty units or 12 months for a later one. Occasioning death carries up to 30 penalty units or 18 months for a first offence, and 50 penalty units or 2 years for a later one.
Will I lose my licence for negligent driving?
Simple negligent driving usually brings demerit points and a fine, though the court can disqualify. Occasioning grievous bodily harm or death carries automatic disqualification on conviction, reducible to a minimum. Police can also take the licence within 48 hours of a charge for the aggravated forms, until the court deals with it.
What is the difference between negligent and dangerous driving?
Negligent driving under section 117 is a lower standard of fault. Dangerous driving occasioning death or grievous bodily harm under section 52A of the Crimes Act 1900 (NSW) carries up to 10 years and requires driving in a manner dangerous to the public, a higher threshold. The same collision can be charged either way.
How do you defend a negligent driving charge?
The central question is whether the driving fell below the standard of a reasonable and prudent driver. A momentary lapse, a genuine accident, a mechanical failure, a sudden medical event, or another road user's conduct can all be relevant. On the aggravated forms, the prosecution must also prove the driving caused the harm. Early advice and scene evidence matter.
Is negligent driving a criminal offence?
It is a traffic offence dealt with in the Local Court, and a conviction can appear on record. Simple negligent driving is minor and often dealt with by fine or without conviction. The aggravated forms carry imprisonment and disqualification and are treated as serious.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 28 August 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
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