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Careless and dangerous driving

Careless driving

Careless driving is a common traffic offence. The most common reason for being charged with careless driving is when you run into the back of another vehicle.

You can be fined for driving carelessly. The court may also cancel your licence.

See ‘Driving and accidents’ (link below).

Dangerous driving

Dangerous driving is driving at a speed or in a way that could harm other people. You can be fined, imprisoned or both for dangerous driving. If you are found guilty, the court must cancel your licence and disqualify you from driving for at least six months.

If you are charged with dangerous driving and you plead not guilty, the court can – after hearing all the evidence – convict you of the less serious offence of careless driving.

If someone is actually injured or dies because of your dangerous driving, you could be charged with a more serious offence.

Hoon driving

‘Hoon driving’ relates to the offence of ‘improper use of a motor vehicle’. This offence targets drivers who do things in their motor vehicle such as:

  • burnouts
  • doughnuts
  • deliberately skidding or spinning
  • giving off excessive noise or smoke
  • going through a railway or tram crossing in an unsafe manner when the train or tram is about to cross
  • being a part of a ‘speed trial ‘ or ‘drag race’ – for example, racing cars on a public road or in a public space
  • keeping on driving while your licence is disqualified
  • driving 45 kilometres or more above the posted limit or driving at 145 km/h
  • careless or dangerous driving
  • driving with too many passengers in the vehicle (more passengers than there are seats and seat belts)
  • driving a vehicle if you know that you have been given a direction to stop by the police.

If you have been caught for the second time or more these offences are also treated as hoon driving:

  • driving while disqualified 
  • driving without a valid licence (if driver has never been licensed) 
  • drug driving
  • drink driving if the blood alcohol content is 0.10 or more.

The police can immobilise or confiscate a vehicle for up to 30 days if they reasonably believe the vehicle was used in an unlawful way.

If the vehicle is impounded, before it is released the owner:
  • will have to pay for any extra costs for it being stored
  • may have to pass a roadworthy test.

The court may be able to order that your car, or the car you were driving at the time, is:

  • wheel-clamped
  • stored in a secure lock-up for a set amount of time.

If you are found guilty of a hoon driving offence for the second time or more, the car you were driving can be taken away permanently, even if you are not the owner.

More information

Driving and accidents

Driving over the speed limit

Fines

Possible outcomes for traffic offences

Related publications

Road to court

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