In NSW serious traffic offences are known as major offences. Such offences are provided for in the Crimes Act 1900 and the Road Transport Act 2013. Any driver who commits three of such offences outlined in these Acts within a period of five years would have been designated as a Habitual Traffic Offender, however, this was abolished in 2017. This article and a subsequent one will discuss serious traffic offences in NSW and what they entail.

There are a total of eight serious traffic offences in NSW and these are:

Predatory driving
Police pursuits
Dangerous driving
Failing to stop and assist
Negligent driving causing death or grievous bodily harm
Furious or reckless driving
Menacing driving and
Driving offences causing death or grievous bodily harm which are prosecuted under any other sections of the Crimes Act 1900

In NSW predatory driving is when the driver of a vehicle pursues another vehicle in order to cause an impact between the two vehicles. The driver pursuing the other vehicle must have the intention of causing a person in the other vehicle physical harm. It must be noted that predatory driving occurs even if there is only the threat of a collision between the two vehicles but they do not actually collide. The maximum penalty associated with predatory driving in NSW is 5 years imprisonment.

Police pursuits are a major traffic offence that occurs when the driver of a vehicle know or should reasonably suspect that police officers are pursuing their vehicle and require the driver to pull over. This offence is committed when the driver does not stop or drive in the following way:

Recklessly
At a speed dangerous to others or
In a manner dangerous to others

It must be noted that unlike predatory driving, police pursuits do not require any collision or harm caused to anyone, the basic offence is failing to stop when you are required to do so by the police. The maximum associated penalty for a police pursuit is 3 years imprisonment for the 1st offence and 5 years imprisonment for any subsequent offences.

Dangerous Driving in NSW
Dangerous driving causing death is when a person driving a vehicle is involved in an impact that causes the death of another person while the driver was either:

Under the influence of alcohol or drugs
Driving at a dangerous speed or
Driving in a dangerous manner

A dangerous driving causing death charge is a serious offence carrying a maximum penalty of up to 10 years in prison. If you are charged as a result of being under the influence of alcohol contact Sydney drink driving lawyers.

Aggravated dangerous driving causing death has similar elements to a charge of dangerous driving causing death. However, this is committed in circumstances of aggravation. The circumstances of aggravation include any of the following:

Being over the legal limit of alcohol
Driving at 45 km/h or more over the speed limit
Being involved in a police pursuit
Being significantly affected by drugs

The associated penalty for this offence is a maximum of 14 years imprisonment.