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ROAD TRANSPORT ACT 2013 - SECT 118 Menacing driving

ROAD TRANSPORT ACT 2013 - SECT 118

Menacing driving

118 Menacing driving

(cf STM Act, s 43)

(1) Offence--intent to menace A person must not drive a motor vehicle on a road in a manner that menaces another person with the intention of menacing that other person.
: Maximum penalty--30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).
(2) Offence--possibility of menace A person must not drive a motor vehicle on a road in a manner that menaces another person if the person ought to have known that the other person might be menaced.
: Maximum penalty--20 penalty units or imprisonment for 12 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 18 months or both (in the case of a second or subsequent offence).
(3) Application of section 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 that person or that property is on a road.
(4) Defence A person is not guilty of an offence against this section if the person could not, in the circumstances, reasonably avoid menacing the other person.
(5) Double jeopardy A person is not liable to be convicted of--
(a) both an offence against subsection (1) and an offence against subsection (2), or
(b) both an offence against this section and an offence against section 117,
arising out of a single incident.