ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 (NO. 80 OF 1999) - SECT 8 Menacing driving (NSW s 43)

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 (NO. 80 OF 1999) - SECT 8

(1)     A person must not drive a motor vehicle on a road or road related area in a way that menaces someone else with the intention of menacing the other person.

Maximum penalty: 100 penalty units, imprisonment for 12 months or both.

(2)     A person must not drive a motor vehicle on a road or road related area in a way that menaces someone else if the person ought to have known that the other person might be menaced.

Maximum penalty: 100 penalty units, imprisonment for 12 months or both.

(3)     This section applies—

        (a)     whether the other person is menaced by a threat of personal injury or by a threat of damage to property; and

        (b)     whether or not the other person or that property is on a road or road related area.

(4)     A person does not commit an offence against this section if the person could not, in the circumstances, reasonably avoid menacing the other person.

(5)     A person cannot be found guilty of an offence—

        (a)     both against subsection (1) and against subsection (2) arising out of a single incident; or

        (b)     both against this section and against subsection 6 (1) or 7 (1) arising out of a single incident.

Note     Automatic licence disqualification applies to an offence against this section (see Road Transport (General) Act 1999 , s 63).