Traffic Act 1987

(b) the manner of that driving does not meet the standard of care and attention that is expected of a prudent and competent driver who would drive with the level of caution appropriate in the circumstances of the driver; and

Maximum penalty 60 penalty units or imprisonment for 2 years.

(b) the manner of that driving does not meet the standard of care and attention that is expected of a prudent and competent driver who would drive with the level of caution appropriate in the circumstances of the driver; and

Maximum penalty 40 penalty units or imprisonment for 18 months.

(b) the manner of that driving does not meet the standard of care and attention that is expected of a prudent and competent driver who would drive with the level of caution appropriate in the circumstances of the driver.

Maximum penalty 20 penalty units or imprisonment for 6 months.

(4) An offence against subsection (1), (2) or (3) is an offence of strict liability.

(5) It is a defence to a prosecution for an offence against subsection (1), (2) or (3) if:

(a) the defendant, before or while driving, considered whether or not facts existed and was under a mistaken but reasonable belief about those facts; and

(b) the mistaken belief was of a kind that a prudent and competent driver may have made driving with the level of caution appropriate in the same circumstances as the defendant; and

(c) had those facts existed, the manner of that driving would not have constituted an offence.

Note for subsection (5)

The defendant has an evidential burden in relation to this defence (see section 43BU of the Criminal Code).

(6) For subsection (5), a person may be regarded as having considered whether or not facts existed if:

(a) the person considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and

(b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.

(7) Despite section 43AN(1)(b) and (2)(b) of the Criminal Code, section 43AX of the Criminal Code does not apply to an offence against subsection (1), (2) or (3).