39 Aggravated careless use of vehicle causing injury or death
  • (1) 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—

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

    • (b) 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.

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

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

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

    (3) The imposition of a mandatory disqualification under this section is subject to section 81.

    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).