Careless Driving

Example:

Vanessa is driving home after visiting a friend. She gets lost and turns into a one-way street – going the wrong way. As she turns the corner, she doesn’t see Eric, who is cycling down the street. She hits him and he falls off his bike. Luckily she was going quite slowly and so Eric isn’t injured, although the wheel of his bike is buckled. A passer-by calls the Police and they arrive. After an investigation, Vanessa is charged with careless driving. 

Offence:
Operating a vehicle on a road carelessly – section 37 of the Land Transport Act 1998

It is an offence to operate a vehicle on a road carelessly or without reasonable consideration for other persons using the road. If you have been involved in any kind of car accident and no one else is at fault, it is generally very difficult to avoid being charged with careless driving.

Penalty:
The maximum penalty is a fine of up to $3000. You may be disqualified from driving for any period that the Court sees fit.

Likely sentence:
Diversion is possible for a careless driving offence. A discharge without conviction may be possible if Vanessa offers to do a defensive driving course and compensates Eric for the damage to his bike.

However, if the Police don’t agree diversion is an option and the JP’s do not believe a discharge without conviction would be appropriate in the circumstances, it is likely that Vanessa will receive a fine or around $100-200 and court costs of $130. She may be ordered to pay reparation to Eric to compensate him for the cost of fixing his bike. She may also be disqualified from driving for three months.  

Special notes:
Because this is not an imprisonable offence, a defendant is permitted to plea guilty by letter to the court. If they choose to do this, even though they have received a summons they do not have to attend court.