39 Aggravated careless use of vehicle causing injury or death


A person commits an offence if the person causes bodily injury to or the death of a person by carelessly using a motor vehicle while—


driving the motor vehicle at a speed exceeding the applicable speed limit; or


driving the motor vehicle in such a manner as to commit an offence against the regulations or the rules concerning the manner in which a driver may overtake another vehicle or concerning the part of the road on which a driver may drive his or her motor vehicle.


If a person is convicted of an offence against subsection (1),—


the maximum penalty is imprisonment for a term not exceeding 3 years or a fine not exceeding $10,000; and


the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.


If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) is the period of disqualification for the purposes of section 65AE(d) (see section 65AH(3)(a)).


The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

Compare: 1962 No 135 ss 30AA(2), (2A), 56(1A)

Section 39(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 39(2A): inserted, on 1 July 2018, by section 13(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 39(3): replaced, on 1 July 2018, by section 13(2) of the Land Transport Amendment Act 2017 (2017 No 34).