6Negligent driving

6 Negligent driving (1) A person must not drive a motor vehicle negligently on a road or road (a) if the driving occasions death—200 penalty units, imprisonment for 2 years or both; or (b) if the driving occasions grievous bodily harm—100 penalty units, imprisonment for 1 year or both; or (c) if the driving occasions actual bodily harm—50 penalty units; or (d) if paragraphs (a), (b) and (c) do not apply—20 penalty units. Examples—actual bodily harm 1 deep bruising received as a result of being involved in an incident between 2 motor vehicles 2 cuts and abrasions resulting in the breaking of the skin received as a result of being knocked from a bicycle onto a road 3 a pedestrian received a sprained ankle from being hit by a car on a pedestrian crossing

(2) In deciding whether an offence has been committed against subsection (1), the court must have regard to all the circumstances of the case, including— (a) the nature, condition and use of the road or road related area where the offence is alleged to have been committed; and (b) the amount of traffic on, or that might reasonably be expected to have been on, the road or road related area. grievous bodily harm includes permanent or serious disfigurement. Note If an offence against this section occasions death or grievous bodily harm, automatic licence disqualification applies (see Road Transport (General) Act 1999, s 63).