Elements of offence

It is an offence to drive without due care or attention or without reasonable consideration for others [Road Traffic Act 1961 (SA) s 45].

Negligence

A person who has been in any way negligent in the driving of a motor vehicle may be charged with this offence and it is often used in addition to another offence, where an admission has been made, or it appears the driver was careless. This is often the case where a driver has had a collision that is solely their fault (most notably running into a stationary object like a street sign or a parked car). If a driver pleads guilty to the other offence with which they have been charged it is likely that the police will agree to withdrawing the careless driving offence.

Penalties

For a basic (non-aggravated) offence — a fine of up to $2500 and 3 demerit points [see Road Traffic Act 1961 (SA) s 164A and Motor Vehicles Regulations 2010 (SA) Sch 4 pt 1(1)].

For an aggravated offence — a maximum of 12 months imprisonment and at least 6 months disqualification [Road Traffic Act 1961 (SA) s 45]. The 6-month disqualification is not mandatory if the aggravating circumstances were that the offence caused harm to a person if that harm fell short of serious harm [s 45(2a)].

Pursuant to s 45(3), an aggravated offence includes where the offender: