In Western Australia, traffic offences are governed by the Road Traffic Act 1974. That act contains offences relating to careless driving, reckless driving and dangerous driving. A person who is charged with one of these offences may be found guilty of another of them as an alternative if the evidence does not support the original charge. This page deals with what is involved in dangerous driving, reckless driving and careless driving offences and the penalties they attract.
What is dangerous driving?
Dangerous driving refers to driving in a manner that is dangerous to the public or to a person in the circumstances. In other words, it is driving behaviour that may cause harm or injury.
Dangerous driving may include speeding or hooning.
Dangerous driving offences
In WA, there are three dangerous driving offences.
Simple offence of dangerous driving
Under section 61 of the Road Traffic Act 1974, a person who drives in a manner that is dangerous to the public or to a person can be sentenced to:
- A fine of 60 penalty units (for a first offence);
- A fine of 120 penalty units or imprisonment for nine months, and disqualification from driving for at least 12 months (for a subsequent offence).
Aggravated offence
If the offence is aggravated, to a fine of 720 penalty units, imprisonment for three years, and disqualification from driving for at least two years. An offence is aggravated if the driver was driving the vehicle without the permission of the owner, was driving more than 30km/h over the speed limit, was trying to evade police or was unlicensed to drive the vehicle.
Dangerous driving causing harm
Under section 59A of the Road Traffic Act 1974, a person commits an offence if they cause an incident occasioning bodily harm to another person and at the time the offender was driving:
- Under the influence of alcohol and/or drugs to the extent of being incapable of having proper control of the vehicle; or
- In a manner dangerous to the public or to a person.
This offence is punishable by:
- A fine of 180 penalty units, imprisonment for nine months, and disqualification from driving for at least 12 months (for a first offence);
- A fine of 360 penalty units, imprisonment for 18 months, and disqualification from driving for at least 18 months (for a subsequent offence);
- A fine of any amount, imprisonment for at least six months and up to 10 years and disqualification from driving for at least two years (for an aggravated offence).
Dangerous driving causing serious harm
Under section 59 of the Road Traffic Act 1974, a person commits an offence if they cause death or serious harm while driving:
- under the influence of alcohol and/or drugs to the extent of being incapable of having proper control of the vehicle; or
- in a manner dangerous to the public or to a person.
The maximum penalty for this offence ranges between three years imprisonment to 20 years imprisonment depending on the circumstances, the type of harm caused, and the jurisdiction the matter is dealt with in.
Reckless driving
Section 60 of the Road Traffic Act 1974 makes it an offence to drive in a manner that is inherently dangerous to the public or to a person.
Section 60A of the Road Traffic Act 1974 makes it an offence to drive at a speed of more than 155kmph or at a speed of more than 45kmph above the speed limit.
A person convicted of either of these offences is liable to:
- A fine of 120 penalty units or imprisonment for nine months and disqualification from driving for at least six months (for a first offence);
- A fine of 180 penalty units or imprisonment for nine months and disqualification from driving for at least 12 months (for a second offence)
- A fine of 240 penalty units or imprisonment for 12 months and permanent disqualification from driving (for a third or subsequent offence)
Careless driving offences
Section 62 of the Road Traffic Act 1974 makes it an offence to drive without due care and attention. This offence is punishable by a fine of 30 penalty units.
Section 59BA of the Road Traffic Act 1974 makes it an offence to drive without due care and attention causing death, grievous harm or bodily harm to another person.
This offence is punishable by a fine of 720 penalty units, imprisonment for three years, and disqualification from driving for at least three months.
What will the court assess?
When a person is charged with one of the above offences and pleads not guilty, the court will consider a range of factors in determining which offence the accused is actually guilty of.
It will consider:
- the nature and quality of the driving involved
- how much traffic was on the road at the time
- the number of pedestrians in the area at the time
- the condition of the road
- the weather conditions
- the health and state of the driver
- the experience of the driver, and
- whether the driver was familiar with the road.
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