Negligent Driving

Negligent Driving Lawyer Sydney: Charges Under Section 117

Negligent driving under the Road Transport Act 2013 (NSW) s 117 ranges from a fine-only offence where no one is hurt to a charge carrying up to 2 years imprisonment where someone dies. If the driving caused death or grievous bodily harm, or police allege furious or reckless driving, you also face automatic licence disqualification. An experienced negligent driving lawyer in Sydney can assess the evidence, run a defence where one exists, and argue for the lowest penalty, including a section 10 where available.

Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 7 October 2026

What is negligent driving in NSW?

Negligent driving means driving without the due care and attention reasonably expected of a driver.

It is an offence to drive a motor vehicle on a road negligently (s 117(1)). Negligence is a lower standard than dangerous driving: the question is whether your driving fell short of what a reasonable driver would do, not whether you created a serious danger. A lapse such as failing to see a car at an intersection, following too closely, or drifting out of a lane can be enough.

How does the court decide if driving was negligent?

The court looks at all the circumstances of the case, and s 117(3) directs attention to three in particular:

• the nature, condition and use of the road

• the amount of traffic actually on the road, or which might reasonably be expected

• any obstructions or hazards, such as broken-down or crashed vehicles, fallen loads, or accident and emergency scenes

In practice the evidence includes police and witness statements, crash scene photographs, vehicle damage, dashcam or CCTV footage, and sometimes expert reconstruction. Many negligent driving charges are worth testing. The fact that a collision happened does not by itself prove the driving was negligent. Our defended hearings team can advise whether a not guilty plea is viable.

What are the penalties for negligent driving?

The maximum penalty depends on whether anyone was killed or seriously injured, and whether it is a first or subsequent offence.

• Negligent driving occasioning death (s 117(1)(a)): 30 penalty units or 18 months imprisonment or both for a first offence; 50 penalty units or 2 years imprisonment or both for a second or subsequent offence.

• Negligent driving occasioning grievous bodily harm (s 117(1)(b)): 20 penalty units or 9 months imprisonment or both for a first offence; 30 penalty units or 12 months imprisonment or both for a second or subsequent offence.

• Negligent driving not occasioning death or grievous bodily harm (s 117(1)(c)): 10 penalty units.

What is furious, reckless or dangerous driving?

Driving furiously, recklessly, or at a speed or in a manner dangerous to the public is a more serious offence under s 117(2), even where no one is injured.

The maximum penalty is 20 penalty units or 9 months imprisonment or both for a first offence, and 30 penalty units or 12 months imprisonment or both for a second or subsequent offence. Where dangerous driving causes death or grievous bodily harm, police usually charge the far more serious offence under the Crimes Act 1900 (NSW) s 52A, covered on our dangerous driving page.

Will I lose my licence for negligent driving?

For negligent driving occasioning death or grievous bodily harm, and for furious, reckless or dangerous driving, disqualification is automatic.

These are major offences (s 4). If you have no other major offence in the previous 5 years, the automatic disqualification is 3 years, and the court may order a shorter period of not less than 12 months, or a longer period. If you have another major offence in the previous 5 years, the automatic period is 5 years with a 2 year minimum (Road Transport Act 2013 (NSW) s 205). For negligent driving where no one was hurt there is no automatic disqualification, but the court has a general power to disqualify any driver it convicts of a road transport offence (s 204).

Can I get a section 10 for negligent driving?

Often, yes. A section 10 is available for negligent driving, but the court must be persuaded it is appropriate.

Under the Crimes (Sentencing Procedure) Act 1999 (NSW) s 10, the court can find the offence proved but decline to record a conviction, and either dismiss the charge or make a conditional release order. The court considers your character, antecedents, age, health and mental condition, the trivial nature of the offence, any extenuating circumstances, and any other proper matter. When a section 10 order is made for a traffic offence, demerit points are not recorded, and without a conviction no disqualification can be imposed.

There is one important limit. Negligent driving occasioning death or grievous bodily harm, and furious, reckless or dangerous driving under s 117(2), are applicable offences under s 203 of the Road Transport Act 2013 (NSW). Section 10 is not available for one of these if you have received a section 10 for another applicable offence in the previous 5 years. Read more on our sentencing and penalties page.

What should I bring to my first appointment?

Bring everything that helps us understand the incident and present you in the best light.

• your court attendance notice and any police fact sheet

• your NSW driving record

• photographs, dashcam footage and the details of any witnesses

• character references from employers or community members who know about the charge

• evidence of why you need your licence for work or family

Completing a traffic offender program before sentence can also help show the court you have taken the matter seriously.

Where will my negligent driving case be heard?

Negligent driving charges are dealt with summarily in the Local Court (s 200), usually at the court closest to where the incident happened.

Invictus Legal appears in Local Courts across Sydney and NSW, including the Downing Centre, Parramatta, Bankstown, Burwood and Newtown, and in the District Court on appeals.

What does it cost?

Fees for traffic matters are determined by the scope of work involved, and we issue a costs agreement before we commence any work, so you have full transparency from the start. The main cost drivers are whether you plead guilty or defend the charge, and whether expert or medical reports are needed.

See our traffic law hub for related offences.

Frequently asked questions

Is negligent driving a criminal offence in NSW?

Yes. Negligent driving is an offence under the Road Transport Act 2013 (NSW) s 117(1). Where no one is hurt the maximum is 10 penalty units, but where the driving occasions death the maximum is 18 months imprisonment for a first offence.

Will I lose my licence for negligent driving causing grievous bodily harm?

Yes, unless the court makes a section 10 order. It is a major offence carrying a 3 year automatic disqualification if you have no other major offence in the previous 5 years, which the court can reduce to no less than 12 months. A previous major offence in the last 5 years raises this to 5 years automatic with a 2 year minimum.

Can I get a section 10 for negligent driving?

It is possible. The court weighs your character, antecedents, the nature of the offence and any extenuating circumstances. However, for negligent driving occasioning death or GBH (and furious, reckless or dangerous driving), a section 10 is not available if you received one for another applicable offence in the previous 5 years (Road Transport Act 2013 (NSW) s 203).

What is the difference between negligent and dangerous driving?

Negligent driving is driving without the due care and attention reasonably expected of a driver. Dangerous driving requires more: a serious breach of the proper management and control of the vehicle that creates a real danger to others. Dangerous driving causing death or GBH is charged under the Crimes Act 1900 (NSW) s 52A and carries much heavier penalties.

What is the penalty for furious or reckless driving?

Under s 117(2) the maximum is 20 penalty units or 9 months imprisonment or both for a first offence, and 30 penalty units or 12 months or both for a second or subsequent offence. It is a major offence, so automatic licence disqualification applies.

Speak to a negligent driving lawyer today

Call Invictus Legal on 02 8553 0500. For urgent matters, such as a court date tomorrow, call our emergency line on 0410 600 230. You can also book a consultation online.

This page is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.