Negligent Driving

Overview

At a Glance: Negligent driving means driving without the care and attention expected of a reasonable driver. This DKT topic covers safe overtaking, what to do when someone overtakes you, distractions, hooning and the penalties that follow. Demerit point limits are tested here too: 4 for learners and P1, 7 for P2 and 13 for a full licence.

Many questions in this topic describe a risky situation, such as a blind crest, a car pulling out or a noisy passenger, and ask for the safest choice. The right answer usually leaves you more time and space. The wrong answers usually involve speeding up, using the horn or flashing your lights.

Overtaking Safely

When You Must Not Overtake

• When you can’t see far enough ahead, for example near a crest, a curve or in poor visibility.
• Across a continuous dividing line (except to pass a bicycle rider or avoid an obstruction, when it’s safe).
• When a vehicle ahead is stopping or has stopped at a pedestrian crossing.
• When you’d need to go over the speed limit to get past.

Which Side

Overtake on the right. You may pass on the left only when the vehicle ahead:

• is waiting to turn right or make a U-turn from the centre of the road;
• is stopped;
• is on a multi-lane road where you’re in a different lane.

Long vehicles showing a “Do not overtake turning vehicle” sign may use more than one lane to turn. Never pass one on the side it’s turning towards.

The Routine

1. Check that the road ahead is clear for a long enough distance. The faster the vehicle you’re passing, the more road you need.
2. Check side streets, mirrors and blind spots.
3. Indicate.
4. Pass without going over the limit.
5. Move back in only when you can see the vehicle you’ve passed in your rear-vision mirror. Indicate before you move back.

If the car you’re passing starts indicating right, or something else goes wrong, abandon the overtake and drop back behind it.

Key Fact: There’s no fixed “safe overtaking distance” in the rules. What matters is whether you can see enough clear road for your speed and the speed of the vehicle you’re passing.

Being Overtaken and Lane Use

When someone is overtaking you:

• stay in your lane and keep left;
• don’t speed up (keeping the same speed is fine, and easing off can help);
• don’t brake suddenly or flash your lights.

On roads over 80 km/h, or where “Keep left unless overtaking” is signed, stay out of the right lane unless an exception applies. Once you’ve passed, move back left when it’s safe.

Near intersections, continuous lane lines mean you should already be in the right lane for your turn. Get into position early, while the line is still broken.

Hazards and Distractions

A distraction is anything that takes your eyes off the road, your hands off the wheel or your mind off driving.

Hazard	Safe response
Parked cars	Leave room, and watch for doors, indicators, turning wheels and children stepping out
Blind crest	Slow down and keep well left
Roadworks	Slow down, obey signs and controllers, watch for workers
Driveway	Give way to pedestrians on the footpath and to traffic on the road
Noisy passengers	Ask them to settle down, and don’t let them push you to speed
Pet in the car	Secure it properly; an animal must never be on your lap

Young drivers have a higher crash risk when they carry passengers their own age, so set the rules before you leave.

Hooning and Street Racing

Hooning includes burnouts, donuts and anything else that deliberately makes your car lose traction, as well as racing and speed trials. Organising, promoting or filming it is also an offence. The offence isn’t limited to the driver.

Penalties are severe:

• police can suspend and confiscate your licence on the spot;
• your vehicle can be impounded, or its plates removed, for up to 3 months, and you pay the storage fees;
• for a second offence, the vehicle may be sold;
• courts can impose large fines, disqualification and prison.

Penalties and Demerit Points

Licence	Demerit point limit
Learner	4
P1	4
P2	7
Full (unrestricted)	13

Points count over a 3-year period. Any speeding offence takes a learner or P1 driver over their limit, even a first one and even by a small amount. During holiday periods, double demerits apply to offences such as:

• speeding;
• seatbelt and child restraint offences;
• illegal mobile phone use.

Negligent driving can bring a fine and demerit points, with much heavier penalties if someone is injured or killed. Dangerous driving is more serious again, with large fines, loss of licence and prison.

DKT Tip: When a question asks about penalties for a serious offence, the answer that lists several consequences (fines, loss of licence, impoundment, prison) is usually right. Options like “a warning letter” understate them.

Practise with the Negligent Driving quiz.

Common Mistakes on the DKT

• Speeding up while being overtaken. It’s illegal.
• Choosing a fixed distance such as 100 m as the overtaking rule. The rule is a clear view, not a set number.
• Cutting back in as soon as you’re past. Wait until you can see the car in your mirror.
• Thinking double demerits mean two offences in one trip. They’re tied to holiday periods.
• Using the old 12-point limit for a full licence. It’s 13.
• Thinking only the driver commits a hooning offence. Filming or promoting it is also an offence.