If a person drives a motor vehicle or mechanically propelled vehicle on a public road or place “without due care and attention
” or “without reasonable consideration for other road users
” he is guilty of the offence of careless driving. In short, a contravention for careless driving arises if the standard of driving “falls below what would be expected of a careful and competent driver”
in all the circumstances. This test applies in all cases, to all drivers irrespective of their experience.
It is not necessary that a collision or accident has occurred in order to give rise to a charge of careless driving. Likewise, where an accident has occurred it does not necessarily follow that one or more drivers are guilty of careless driving. It is important to note that driving without due care and attention does not require any degree of inconvenience to have been caused to any other road user. However, where a charge of careless driving specifically refers to “inconsiderate driving” it will be necessary to show that there has been some form of inconvenience to another road user.