Careless Driving in Queensland | Sunshine Coast Lawyers

Are you a driver and want to know what careless driving in Queensland is?

If so, it is vitally important that you ensure you are an active and careful driver.

If you do not take care when driving and are caught by an enforcer of the law, serious penalties may apply.

Not only this, but you may be putting the health and well-being of yourself, your passengers, and other road users on the line.

This article will outline the responsibilities of drivers on Queensland roads to stay attentive and drive with care on the roads, and what may become of said drivers if they fail to do so.

Charged with careless driving in Qld? Be referred to the best criminal lawyers on the Sunshine Coast

What is Careless Driving?

You may be wondering, what exactly is careless driving?

The offence of careless driving occurs when a driver is operating a vehicle while distracted by something else, or without paying attention to their surroundings while driving.

A distraction when driving can come in various forms and their seriousness and potential fatality will vary.

They may include driving while using a mobile phone, consuming food or drink while driving, changing radio stations or other music/entertainment, or any other distraction that has a clear or reasonable ability to decrease the concentration of the driver.

Careless driving can quickly become a deathly habit. This is because as you progress with your driving abilities and become more confident, you may become a little too assured with your abilities and think that all will be well when driving distracted.

What Does the Law Say?

So, what does the law say about this offence? Well, subsection 83 of the Transport Operations (Road Use Management) Act 1995 establishes careless driving as a punishable crime, stating:

Any person who drives a motor vehicle on a road or elsewhere without due care and attention or without reasonable consideration for other persons using the road or place is guilty of an offence.

Maximum penalty—

if the person causes the death of or grievous bodily harm to another person and was an unlicensed driver for the motor vehicle at the time of committing the offence—160 penalty units or 2 years imprisonment; or
(b)if the person causes the death of or grievous bodily harm to another person—80 penalty units or 1 year’s imprisonment; or
otherwise—40 penalty units or 6 months imprisonment.

If the court convicts a person of an offence against subsection (1) in the circumstances mentioned in paragraph (a) or (b) of the penalty, the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for a period of at least 6 months.”

Penalty for Careless Driving

As stated by legislation previously referenced in this article, the maximum penalty one can be charged with if found guilty of the offence of careless driving is 40 penalty units, which translates to 6 months imprisonment.

This, as stated, is a maximum sentence, so the court has the ability to decrease the penalty depending on the specific details of the matter.

The charge does increase, however, for those found guilty of careless driving resulting in death or grievous bodily harm to 80 penalty units or one-year imprisonment.

Alternative factors may affect this punishment, however, such as driving unlicensed.

If caught driving carelessly when unlicenced, the maximum penalty one can receive is 160 penalty units or 2 years imprisonment.

Careless Driving Causing Death/Injury

Careless driving causing death or injury is a form of careless driving. As the name suggests, the offence of careless driving causing death or injury occurs when a driver causes death or harm to passengers in their vehicle or other road users (fellow drivers, pedestrians, bicycle riders, etc).

This offence is, of course, considered much more serious than a simple careless driving charge and increased penalties will certainly apply.

In the circumstance that an accident is caused by a careless driver that harms other individuals on the roads, the minimum penalty permitted is a 6-month license discrimination and the maximum penalty is either 12 months imprisonment or a $10 092 fine.

Dangerous Driving

Dangerous driving is another form of poor driving that can result in you being charged in court in Queensland.

Dangerous driving is a different offence from careless driving, but both do share several similarities. Dangerous driving is established as a criminal offence by the Criminal Code 1899, which states:

Any person who drives a motor vehicle on a road or in a public place dangerously is guilty of a misdemeanour and is liable to a fine of 200 penalty units or imprisonment for 3 years, or the person may be summarily convicted before 2 justices in which case the person is liable to a fine of 40 penalty units or to imprisonment for 12 months.
If the offender—
- at the time of committing the offence is adversely affected by an intoxicating substance; or
- has been previously convicted either upon indictment or summarily under this section;

the person is liable, upon conviction upon indictment, to a fine of 400 penalty units or imprisonment for 5 years or, upon summary conviction, to a fine of 100 penalty units or imprisonment for 2 years.

In short, this practically means that those caught driving dangerously in a public area are liable for a maximum fine of 200 penalty units or 3 years imprisonment.

It also suggests that dangerous driving increases in severity when an individual is under the influence of a substance or has been previously convicted in a court of law.

Careless Driving Key Takeaways

Careless driving is a very serious ordeal.

Not only do legal penalties apply when found guilty of operating a vehicle carelessly, but you are placing the lives of yourself, your passengers, and other road users in danger.

Due to the serious nature of the offence, it is important that you are aware of the charges you may potentially receive and the responsibilities you hold as a road user.

Furthermore, if accused of careless driving it is vital that you seek the assistance of a legal professional to help you to find the best outcome possible in your matter.