The RMS has a discretion to suspend you if you: exceed the speed limit by more than 30Km/h (3-month suspension), exceed the speed limit by more than 45km/h (6-month suspension), demerit points have exceeded the allowable threshold (Provisional drivers only), not being a ‘fit and proper person’ to hold a license in NSW or being medically unwell.
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s 52A(3) of the Crimes Act 1900 provides that a person commits Dangerous Driving Occasioning Grievous Bodily Harm if the person driving a vehicle is involved in an impact that causes grievous bodily harm another person AND at the time of the impact, the driver was: under the influence of alcohol or a drug; or driving at a speed dangerous to others, or in a manner dangerous to others.
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Section 52A(2) of the Crimes Act 1900 says that a person commits Aggravated Dangerous Driving Occasioning Death if the person driving commits the offence of Dangerous Driving Occasioning Death (see the basic form of the offence) in circumstances of aggravation that make the offence more serious.
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s 52A(1) of the Crimes Act 1900 says that a person commits Dangerous Driving Occasioning Death if the person driving is involved in an impact that causes the death of another person AND at the time of the impact, the driver was: under the influence of alcohol or a drug; or driving at a speed dangerous to others, or in a manner dangerous to others.
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The legal definition of negligent driving is: “...where it is proved beyond reasonable doubt that the accused person drove a motor vehicle in a manner involving a departure from the standard of care for other users of the road to be expected of the ordinary prudent driver in the circumstances.”
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The legal definition of negligent driving is: “...where it is proved beyond reasonable doubt that the accused person drove a motor vehicle in a manner involving a departure from the standard of care for other users of the road to be expected of the ordinary prudent driver in the circumstances.”
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