Dangerous Driving Offences and Penalties in the Australian Capital Territory (ACT)

The information on this webpage is to be read in conjunction with this disclaimer:
Australian National Character Check (ANCC) makes every effort to provide updated and accurate information to its customers. However due to the continuously changing nature of legislations for the Commonwealth and various States and Territories, it is inevitable that some information may not be up to date. The information on the website is general information only. The contents on the website do not constitute legal or professional advice and should not be relied upon as a substitute for legal or professional advice. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, suitability, accuracy or availability with respect to the information.

In the Australian Capital Territory, several offences fall under the category of dangerous driving, and these offences attract several penalties. The reason for this is not far-fetched. Dangerous driving tends to increase the rate of road accidents. As such, it is not out of place that there are several penalties to discourage the act of dangerous driving.

The different offences and penalties regarding dangerous driving are evident in the Crimes Act 1900 (ACT) and the Road Transport (Safety and Traffic Management) Act 1999 (ACT).

This article will consider what the law says about the various offences under dangerous driving and their penalties. Also, this article will take a look at the different defences suitable for countering the allegation of dangerous driving.

If an individual is convicted for a dangerous driving offence, the offence will show up as a disclosable court outcome (DCO) on a Nationally Coordinated Criminal History Check.

What the Law Says Regarding the Crimes that Fall under Dangerous Driving

Based on the Crimes Act 1900 (ACT) and the Road Transport (Safety and Traffic Management) Act 1999 (ACT), there are several offences under the category of dangerous driving.

These offences are:

#1. Culpable Driving of Motor Vehicle

Section 29 of the Crimes Act 1900 (ACT) states that a person can become guilty of an offence if:

• The individual drives a vehicle negligently on the road.
• The accused person drives a vehicle while under the influence of alcohol to the extent that they are unable to exercise complete control of the vehicle.

If, in the process of committing an offence under this section, an individual causes the death of another person, they will be liable to 14 years imprisonment. In the case of a bodily injury, a person may face 10 years imprisonment.

Additionally, the court will have to disqualify the offender from obtaining or possessing a licence.

Nevertheless, before the court can convict a person for an offence in this section, the prosecution must have convinced the court beyond all reasonable doubt that:

• The defendant operated a vehicle.
• The defendant drove negligently or was under the influence of alcohol and could not exercise proper control of the vehicle.
• The defendant has no legal excuse for their actions.

#2. Negligent Driving

Under Section 6 of the Road Transport (Safety and Traffic Management) Act 1999 (ACT) it is a crime for an individual to drive a motor vehicle on a road or somewhere similar to a road negligently. This offence attracts a fine of 20 penalty units.

However, if this offence leads to the death of another person, the punishment will be 200 penalty units or 2 years incarceration or both. If the crime causes serious bodily injury to another person, the offender will be liable to 100 penalty units or 1-year imprisonment or both.

Also, the court will disqualify the convicted person from obtaining or possessing a licence if the offence caused death or serious bodily injury.

Nevertheless, convicting a person for negligent driving can only take place after the prosecution has proven that:

• The defendant drove a motor vehicle on a road or a road-related area.
• The accused drove negligently.
• The accused has no legal excuse for their actions.

Furthermore, the court can only convict a person for negligent driving after it has considered the following:

• The nature of the road or the road-related area as at the time the defendant allegedly committed the offence.
• The amount of traffic or the expected amount when the accused allegedly committed the crime.

#3. Furious, Reckless or Dangerous Driving

Section 7 of the Road Transport (Safety and Traffic Management) Act 1999 (ACT) states that it is a crime for an individual to drive a motor vehicle furiously or recklessly or at a speed that puts other road users at risk.

This offence comes with a fine of 100 penalty units or 12 months imprisonment, or both. Also, the court will disqualify the offender from obtaining or possessing a licence. However, the penalties could increase under aggravating circumstances. These aggravating circumstances are:

• The offender disobeyed an order from the police to stop the motor vehicle.
• The culprit had a prescribed concentration of alcohol present in their blood or saliva.
• The offender was driving while having traces of prescribed drugs present in the oral fluid or blood.
• The offender was under the influence of an intoxicating substance to the extent that they could not exercise proper control of the vehicle.
• The culprit was driving 30% beyond the speed limit for a particular road.
• The offender drove in a manner that endangered the lives of other road users.
• The offender had a passenger who was below 17 years.
• The culprit is a repeat offender.

An aggravated offence of driving furiously, recklessly or dangerously attracts a maximum of 300 penalty units or 3 years imprisonment or both. However, a repeat offender will be liable to a maximum of 500 penalty units or 5 years.

Nevertheless, the court will only convict a person for the offence of furious, reckless or dangerous driving after it has considered the following:

• The condition or nature of the road during the time the defendant allegedly committed the offence.
• The amount of traffic or the expected amount as at the time the crime allegedly took place.

Also, the court can only convict a person after the prosecution has provided satisfactory evidence that:

• The accused person drove a motor vehicle on a road or a place related to a road.
• How the defendant drove the motor vehicle fits the description of furious, reckless or dangerous driving.
• The accused has no legal justification for their action.

Possible Defences to an Allegation of Dangerous Driving

Several defences are suitable in countering an allegation of dangerous driving. These defences are:

• Necessity

A defendant can only use the defence of necessity if they committed the crime intending to prevent a terrible event from occurring.

• The Defendant Did Not Commit the Crime Intentionally

If a defendant unintentionally commits an offence classified as dangerous driving, they may have a defence. For instance, an accused might have driven dangerously due to their vehicle developing a mechanical fault while on the road.

• The Defendant is an Emergency Service Worker

The law exempts emergency workers from facing charges for dangerous driving if they committed the act while on duty. Examples of emergency workers include the police, firefighters and emergency medical workers.

The Court that Handles Most Dangerous Driving Trials

In the Australian Capital Territory (ACT), the Magistrates Court conducts most of the trials for offences that fall under dangerous driving.

Bottom Line

The Australian Capital Territory does not take dangerous driving offences lightly. As such, it is crucial for a person facing a charge of dangerous driving to employ the services of a legal practitioner. With the help of a legal practitioner, an accused stands a good chance of getting the best result possible.

Will a dangerous driving offence show up on a nationally coordinated criminal history check?

If an individual is found guilty of a dangerous driving offence in the Australian Capital Territory, the offence will show up as a disclosable court outcome (DCO) on the results of their police record check.

Individuals can obtain an Australian Nationally Coordinated Criminal History Check via the Australian National Character Check - ANCC® website.

Copyright & Disclaimer

The content on this website is communicated to you on behalf of Australian National Character Check™ (ANCC®) pursuant to Part VB of the Copyright Act 1968 (the Act).

The material in this communication may be subject to copyright under the Act. Any further reproduction of this material may be the subject of copyright protection under the Act.

You may include a link on your website pointing to this content for commercial, educational, governmental or personal use.

The contents of this website do not constitute legal advice and should not be relied upon as a substitute for legal or professional advice.