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Road Safety Act 2006

Section 30: Meaning of driving without due care and attention

98.This section inserts new section 3ZA in the RTA. Subsection (1) of the new section provides that it applies to section 2B (causing death by careless, or inconsiderate, driving), section 3 (careless, and inconsiderate, driving) and 3A (causing death by careless driving when under influence of drink or drugs).

99.Subsection (2) makes provision about the meaning of the phrase "without due care and attention" so that it is clear that this means driving in a way that falls below what would be expected of a competent and careful driver.

100.Subsection (3) provides that in determining what would be expected of a careful and competent driver, regard shall be had not only to what he could be expected to be aware of, but also to any circumstances shown to have been within the knowledge of the accused.

101.Subsection (4) provides further definition of the phrase "without reasonable consideration" so it is clear that this means driving in a way that inconveniences other people.

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