From 1 January 2024, it is an offence to drive a vehicle without due care or attention or without reasonable consideration for any person if that conduct causes the death of or serious harm to another person [Criminal Law Consolidation Act 1935 (SA) s 19ABA].

Where the offending involved the use of a motor vehicle , the maximum penalty is:

Pursuant to s 5AA(1ab), causing death or serious harm by careless use of a vehicle will be aggravated if the offender

Instant Loss of Licence

If a police officer reasonably believes that a driver has committed an offence against s 19ABA, they may issue an instant loss of licence notice (ILOL notice) [Criminal Law Consolidation Act 1935 (SA) s 19AF(1)].

If a person is charged with an offence against s 19ABA, the Commissioner of Police must give them an ILOL notice [s 19AE].

A driver who receives an ILOL notice may apply to the Magistrates Court to have the ILOL notice removed [s 19AE(6), s 19AF(6)]. The Court may only make such an order if satisfied that exceptional circumstances exist such that it is appropriate to do so, and the driver does not pose a substantial risk to the public if an order is made.