117Negligent, furious or reckless driving

#### 117 Negligent, furious or reckless driving 117 Negligent, furious or reckless driving (cf STM Act, s 42) > > (1) A person must not drive a motor vehicle on a road negligently. > > > > Maximum penalty— > > > > > (a) if the driving occasions death—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence), or > > > > > (b) if the driving occasions grievous bodily harm—20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence), or > > > > > (c) if the driving does not occasion death or grievous bodily harm—10 penalty units. > > > (2) A person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public. > > > > Maximum penalty—20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence). > > > (3) In considering whether an offence has been committed under this section, the court is to have regard to all the circumstances of the case, including the following— > > > > > (a) the nature, condition and use of the road on which the offence is alleged to have been committed, > > > > > (b) the amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road, > > > > > (c) any obstructions or hazards on the road (including, for example, broken down or crashed vehicles, fallen loads and accident or emergency scenes). > > > (4) In this section— > > > > grievous bodily harm includes any permanent or serious disfigurement. > > **s 117:** Am 2013 No 58, sec 3.