The temptation to push a high performance vehicle to its limits is an urge that some people find too hard to resist. In some ways, it’s ironic that cars of such power are produced when there are stringent speed and dangerous driving laws in Australia. If an individual is speeding in a manner that is dangerous to the public, there can be some serious consequences, especially if the offence has caused serious injury.
What is driving at a speed that is dangerous to the public?
In New South Wales s 42 Road Transport (Safety and Traffic Management) Act sets out an objective test that an individual was driving in such a manner that was dangerous to anyone present, or likely to be present. The test will also take into consideration of potential danger, while excluding the intention of the driver.
In Queensland, the majority of traffic offences are in violation of the Transport Operations (Road Use Management) Act and generally consists of an infringement notice, as well as an on the spot fine. However, when an individual is driving in a manner that is seen as dangerous, that might be considered criminal behaviour in which s 328A of the Criminal Code may be applied. The test used in considering whether or not a person was operating their vehicle in a dangerous manner is that of a competent and careful driver.
Victoria’s speeding laws, outlined in s 64(1) of the Road Safety Act has a two tiered approach: driving at speeds dangerous to the public; and driving in a manner dangerous to the public, which is dependent on the speeds travelled, and how dangerously a driver was operating their vehicle. Penalties may include the suspension of a driver’s licence, and fine, to imprisonment.
Driving over the speed limit
Driving over the speed limit doesn’t necessarily mean it’s a major offence, and is only considered as such when there is a danger to the public in New South Wales, Queensland, and Victoria. The laws surrounding dangerous driving aren’t explicitly set out in statute, but rather are considered on the factual events surrounding the dangerous driving. However, harsher penalties do apply if an individual is travelling over certain speed limits that may result in an individual facing jail time. Furthermore, if a driver is driving within the speed limit, that doesn’t necessarily mean that they are driving at a safe speed. If weather conditions permits a more cautious speed such as when there is heavy rain, yet, an individual is driving too fast for the conditions, they may be viewed as driving dangerously according to the law.
The next time that you’re on the road with your sweet ride, remember that you owe your fellow road users consideration for their safety, as well as yours. What may seem like a bit of fun, can quickly turn deadly, and you may find yourself facing serious charges. If so, get help.
