11.1 Negligent and Dangerous Driving, Overtaking and Road Works

11.1 Negligent and Dangerous Driving, Overtaking and Road Works

Quick Summary / Key Rule: "Negligent driving" is a distinct category in the published question pool — around one question in twenty — and almost every item is really an overtaking or line-marking question. The pattern to learn: you may only overtake when it is safe and the way is clear, and crossing an unbroken line to do it is the offence.

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What Makes Driving Negligent

Negligent driving is failing to exercise the care and attention a reasonable driver would. The official pool illustrates it with concrete situations rather than definitions:

• Crossing an unbroken line at a curve in order to overtake.
• Moving from the left lane toward a right-turn lane and crossing an unbroken lane line to do it.
• Speeding up while another vehicle is overtaking you on your right — that is a traffic offence in its own right.
• Failing to check for parked vehicles with turn signals on, or children about to step out, when driving near parked cars.

Dangerous driving sits above negligent driving in seriousness: if you are convicted of dangerous driving you could lose your licence and may be sent to prison. So too with serious drink driving: a driver convicted of driving with a blood alcohol level over the limit for their licence can be sent to prison.

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The Overtaking Rules

Before you start

• The first thing you should do before overtaking is make sure it is safe and the way is clear of oncoming traffic.
• Then check it is safe, change gear if necessary, and signal your intention.
• Overtake on the right, except where the vehicle ahead is turning right — then you pass on the left.

Where you must not overtake

• Approaching a hill or a curve, you must not cross the centre line to overtake if you do not have a clear view of any approaching traffic.
• Approaching a crest on a narrow road, the safest procedure is to keep to the left and slow down.
• At a pedestrian crossing where a vehicle has stopped, you must not overtake that vehicle.

The heavy-vehicle reality

Overtaking in a laden combination is a manoeuvre measured in tens of seconds, not seconds. At 90 km/h a B-double closing on an 80 km/h truck gains 2.8 metres per second: to pass a 19-metre vehicle from a 30-metre following gap and return with a 30-metre gap requires nearly 100 metres of relative movement, taking more than 35 seconds and consuming well over a kilometre of road. If you cannot see a kilometre of clear road, you cannot complete the overtake.

While you are being overtaken

• If an overtaking vehicle signals that it must move back in front of you, prepare to slow down to allow room.
• If you have started to overtake a vehicle and notice its right indicator flashing, check your mirror and move back in behind it.
• Never speed up while a vehicle is overtaking you on your right. Besides being an offence, it strands the other driver in the oncoming lane.

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Line Markings

You are also permitted to cross a centre line, a dividing line or a lane line where it is necessary to give a bicycle rider the minimum passing distance, provided it is safe.

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Road Work Zones

Road works are heavily represented in the pool, and the answers are consistent.

• When you come across roadworks, you must obey the signs that are displayed at all times.
• Where you see a sign indicating road repairs, slow down and watch for traffic controllers and instructions.
• Where a traffic controller displays a stop sign, stop your vehicle and follow the directions of the traffic controller.
• Where temporary traffic lights are in use, they must be obeyed, and you stop at the "Stop here on red signal" sign.
• Driving through a work zone, slow down and look out for hazards.
• If your left lane is closing in a work zone, merge to the right and give way to other traffic.
• If you come across a reduced speed limit on a highway, slow down to the new speed limit — the work-zone limit applies whether or not workers are visible.
• If you are caught speeding through a road work zone you will be liable for a speeding fine and loss of demerit points.

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Crashes and Breakdowns

• If a vehicle you are driving is involved in a crash where a person is injured, you must render every assistance and take the required particulars.
• If your vehicle needs to be towed away and police did not attend, you must report the crash to the police station nearest to where it happened.
• If an oncoming vehicle crosses the centre line and is coming straight at you and you cannot stop: brake, look for room to the left, sound your horn and flash your lights. Braking and moving left is the survivable option; swerving right into the lane the other driver may be recovering into is not.

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Everyday Rules That Appear as Negligent-Driving Traps

• Carry your driver licence with you every time you drive — always.
• Do not obstruct clear vision of your number plates. It is an offence at any time.
• Notify Transport for NSW as soon as you become aware of a serious medical condition that could affect your driving.
• When reversing, take care and never reverse for a greater distance than necessary. Many crashes occur when heavy vehicles are reversing.
• Park at least 1 metre front and back of another vehicle when parking parallel to the kerb, never double-park alongside a parked vehicle, and never park on a median strip or traffic island.
• At sunset or dawn on a dark day, turn on your lights on low beam. Dip high beam when within 200 metres of the vehicle ahead or an oncoming vehicle.
• On a freeway, make sure your vehicle has enough fuel, oil, water and the correct tyre pressures before you enter, continue to the next appropriate exit if you miss yours, never reverse or turn back, and check your speed as you leave.