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Careless Driving


Stephen Preece

A person commits an offence if they drive a motor vehicle “carelessly”.

“Carelessly” means that the person was driving without “due care and attention”. “Due care and attention” is held to be the “degree of care and attention which a reasonable and prudent driver would exercise in the specific circumstances.”

An example of what would be classified as “careless” could be where a driver collides at a slow speed with another car as a result of having their attention distracted away for a moment eg a rear end collision in a traffic jam. Such driving does not satisfy the standard of a reasonably prudent driver but falls short of being objectively “dangerous” as with other offences listed in this section.



PENALTY:

“Careless driving” is heard summarily in the Magistrates Court. The maximum penalty is a fine of $1,500.00.


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