Road Rage

Road Rage or Menacing Driving

Today in the ever-increasing stress of traffic congestion and rush, events of aggression between drivers’ of vehicles are more common. With the prevalence of mobile phone cameras and dashboard cameras, there is a high probability that either the participants in the altercation or bystanders will video the event. 

Accordingly, there are more charges arising from these incidents.

Even if the police decide not to lay charges of predatory driving they can lay other charges such as Drive Manner Dangerous, or Negligent Driving, or various assault charges amongst others.

Such matters may proceed under the charge of predatory driving and in addition to a fine has a maximum penalty of 5 years imprisonment.

MENACING DRIVING - WHY YOU NEED TO KEEP YOUR COOL ON THE ROAD

I recently defended a #menacingdriving matter in a country court. Though the facts in the case were serious and occurred over a protracted time and distance, its relevant to all of us who ride or drive who get annoyed and react to another driver’s actions.

What the Road Transport Act Section 118 says

(cf STM Act, s 43)

(1) 𝘖𝘧𝘧𝘦𝘯𝘤𝘦 - 𝘪𝘯𝘵𝘦𝘯𝘵 𝘵𝘰 𝘮𝘦𝘯𝘢𝘤𝘦 - 𝘈 𝘱𝘦𝘳𝘴𝘰𝘯 𝘮𝘶𝘴𝘵 𝘯𝘰𝘵 𝘥𝘳𝘪𝘷𝘦 𝘢 𝘮𝘰𝘵𝘰𝘳 𝘷𝘦𝘩𝘪𝘤𝘭𝘦 𝘰𝘯 𝘢 𝘳𝘰𝘢𝘥 𝘪𝘯 𝘢 𝘮𝘢𝘯𝘯𝘦𝘳 𝘵𝘩𝘢𝘵 𝘮𝘦𝘯𝘢𝘤𝘦𝘴 𝘢𝘯𝘰𝘵𝘩𝘦𝘳 𝘱𝘦𝘳𝘴𝘰𝘯 𝘸𝘪𝘵𝘩 𝘵𝘩𝘦 𝘪𝘯𝘵𝘦𝘯𝘵𝘪𝘰𝘯 𝘰𝘧 𝘮𝘦𝘯𝘢𝘤𝘪𝘯𝘨 𝘵𝘩𝘢𝘵 𝘰𝘵𝘩𝘦𝘳 𝘱𝘦𝘳𝘴𝘰𝘯. 𝘔𝘢𝘹𝘪𝘮𝘶𝘮 𝘱𝘦𝘯𝘢𝘭𝘵𝘺 - 30 𝘱𝘦𝘯𝘢𝘭𝘵𝘺 𝘶𝘯𝘪𝘵𝘴 𝘰𝘳 𝘪𝘮𝘱𝘳𝘪𝘴𝘰𝘯𝘮𝘦𝘯𝘵 𝘧𝘰𝘳 18 𝘮𝘰𝘯𝘵𝘩𝘴 𝘰𝘳 𝘣𝘰𝘵𝘩 (𝘪𝘯 𝘵𝘩𝘦 𝘤𝘢𝘴𝘦 𝘰𝘧 𝘢 𝘧𝘪𝘳𝘴𝘵 𝘰𝘧𝘧𝘦𝘯𝘤𝘦) 𝘰𝘳 50 𝘱𝘦𝘯𝘢𝘭𝘵𝘺 𝘶𝘯𝘪𝘵𝘴 𝘰𝘳 𝘪𝘮𝘱𝘳𝘪𝘴𝘰𝘯𝘮𝘦𝘯𝘵 𝘧𝘰𝘳 2 𝘺𝘦𝘢𝘳𝘴 𝘰𝘳 𝘣𝘰𝘵𝘩 (𝘪𝘯 𝘵𝘩𝘦 𝘤𝘢𝘴𝘦 𝘰𝘧 𝘢 𝘴𝘦𝘤𝘰𝘯𝘥 𝘰𝘳 𝘴𝘶𝘣𝘴𝘦𝘲𝘶𝘦𝘯𝘵 𝘰𝘧𝘧𝘦𝘯𝘤𝘦). 

(2) 𝘖𝘧𝘧𝘦𝘯𝘤𝘦 - 𝘱𝘰𝘴𝘴𝘪𝘣𝘪𝘭𝘪𝘵𝘺 𝘰𝘧 𝘮𝘦𝘯𝘢𝘤𝘦 - 𝘈 𝘱𝘦𝘳𝘴𝘰𝘯 𝘮𝘶𝘴𝘵 𝘯𝘰𝘵 𝘥𝘳𝘪𝘷𝘦 𝘢 𝘮𝘰𝘵𝘰𝘳 𝘷𝘦𝘩𝘪𝘤𝘭𝘦 𝘰𝘯 𝘢 𝘳𝘰𝘢𝘥 𝘪𝘯 𝘢 𝘮𝘢𝘯𝘯𝘦𝘳 𝘵𝘩𝘢𝘵 𝘮𝘦𝘯𝘢𝘤𝘦𝘴 𝘢𝘯𝘰𝘵𝘩𝘦𝘳 𝘱𝘦𝘳𝘴𝘰𝘯 𝘪𝘧 𝘵𝘩𝘦 𝘱𝘦𝘳𝘴𝘰𝘯 𝘰𝘶𝘨𝘩𝘵 𝘵𝘰 𝘩𝘢𝘷𝘦 𝘬𝘯𝘰𝘸𝘯 𝘵𝘩𝘢𝘵 𝘵𝘩𝘦 𝘰𝘵𝘩𝘦𝘳 𝘱𝘦𝘳𝘴𝘰𝘯 𝘮𝘪𝘨𝘩𝘵 𝘣𝘦 𝘮𝘦𝘯𝘢𝘤𝘦𝘥. 𝘔𝘢𝘹𝘪𝘮𝘶𝘮 𝘱𝘦𝘯𝘢𝘭𝘵𝘺—20 𝘱𝘦𝘯𝘢𝘭𝘵𝘺 𝘶𝘯𝘪𝘵𝘴 𝘰𝘳 𝘪𝘮𝘱𝘳𝘪𝘴𝘰𝘯𝘮𝘦𝘯𝘵 𝘧𝘰𝘳 12 𝘮𝘰𝘯𝘵𝘩𝘴 𝘰𝘳 𝘣𝘰𝘵𝘩 (𝘪𝘯 𝘵𝘩𝘦 𝘤𝘢𝘴𝘦 𝘰𝘧 𝘢 𝘧𝘪𝘳𝘴𝘵 𝘰𝘧𝘧𝘦𝘯𝘤𝘦) 𝘰𝘳 30 𝘱𝘦𝘯𝘢𝘭𝘵𝘺 𝘶𝘯𝘪𝘵𝘴 𝘰𝘳 𝘪𝘮𝘱𝘳𝘪𝘴𝘰𝘯𝘮𝘦𝘯𝘵 𝘧𝘰𝘳 18 𝘮𝘰𝘯𝘵𝘩𝘴 𝘰𝘳 𝘣𝘰𝘵𝘩 (𝘪𝘯 𝘵𝘩𝘦 𝘤𝘢𝘴𝘦 𝘰𝘧 𝘢 𝘴𝘦𝘤𝘰𝘯𝘥 𝘰𝘳 𝘴𝘶𝘣𝘴𝘦𝘲𝘶𝘦𝘯𝘵 𝘰𝘧𝘧𝘦𝘯𝘤𝘦).



As you can see, this piece of legislation can have wide application to encounters on the road and our reactions to other road users. It carries the potential for imprisonment and an automatic period of disqualification of 3 years to a minimum of 1 year. Whereas subsection one requires you to have an 𝘪𝘯𝘵𝘦𝘯𝘵𝘪𝘰𝘯 to menace, subsection two is easier for police to establish. All the court is required to do is make a finding that you 𝙤𝙪𝙜𝙝𝙩 to have known the other person may be menaced.

This can apply to chasing someone, trying to cut them off, tailgating, and as I had in one case with a rider, chasing, kicking and hitting the car with their fist. The latter situation is often combined with a charge of malicious damage. Further, there are additional charges such as predatory driving pursuant to the Crimes Act or Drive Manner Dangerous that can be used.

This is something to think about next time we get annoyed with another road users’ actions and decide to retaliate.

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The article as written is for your information and interest only. It is not intended to be comprehensive and does not constitute and must not be relied on as legal advice. Please be aware that every case is different and the matters I am raising may not be of specific relevance to your situation but may have a general application and you must seek specific advice tailored to your circumstances. 

I will gladly talk to anyone on the phone if confused or want clarification.

Chris Kalpage

Kalpage and Co Solicitors

www.kalpageandcosolicitors.com.au

0418211074