RECKLESS & NEGLIGENT DRIVING
Reckless and negligent driving are separate criminal offences under section 63 of the National Road Traffic Act 93 of 1996 (NRTA). Reckless driving is the graver offence: section 89 permits imprisonment for up to six years and section 35 ordinarily requires licence suspension, while negligent driving carries up to three years’ imprisonment but no section 35 power to suspend or endorse the licence.
Both offences require proof beyond reasonable doubt. The court must evaluate the road, expected traffic, speed and manner of driving, and the prosecution begins in the magistrate’s court for the area where the incident allegedly occurred.
What the Statute Says: Section 63 of the NRTA
Section 63 does more than prohibit unsafe driving. Its three subsections define the prohibition, identify conduct deemed reckless and prescribe the factual enquiry:
- Section 63(1): no person may drive a vehicle recklessly or negligently on a public road.
- Section 63(2): driving in “wilful or wanton disregard for the safety of persons or property” is deemed reckless.
- Section 63(3): the court must consider all circumstances, including the road’s nature, condition and use, actual or reasonably expected traffic, and the vehicle’s speed and manner of driving.
A charge sheet commonly cites section 63(1), read with sections 63(2), 63(3), 89(1) and 89(5). Each part matters; speed alone does not replace the full statutory enquiry.
The Difference Between Reckless and Negligent Driving
Majeng v S confirmed that these are two discrete offences. For one incident, a court may convict an accused of reckless driving or negligent driving, but not both “as charged”. The distinction is principally one of degree.
| Issue | Reckless driving | Negligent driving |
|---|---|---|
| Level of fault | The more serious form of carelessness, including wilful or wanton disregard and conduct amounting to gross or conscious negligence | A failure to meet the objective standard expected of a reasonable, competent driver |
| Core enquiry | Whether the driving displayed a marked disregard for an obvious or real danger | Whether a reasonable driver would have foreseen the risk and taken reasonable steps to avoid it |
| Licence effect | Section 35 suspension ordinarily follows | No section 35 suspension or endorsement |
Subjective appreciation of danger may support recklessness and overlap with dolus eventualis, but the State must still prove the statutory section 63 case.
What Conduct Tends to Be Charged as One or the Other
No driving behaviour is automatically reckless or negligent; context determines the charge. The following examples illustrate how prosecutors may frame the facts:
| More commonly framed as reckless | More commonly framed as negligent |
|---|---|
| Racing, weaving through traffic at high speed, driving on the wrong side of the road, ignoring signals or a road closure, or excessive speed in a busy built-up area | Driving while tired, using a hand-held phone, misjudging following distance, failing to notice a known hazard, or modest speeding without aggravating circumstances |
Driving under the influence is a separate section 65 offence, but the surrounding manner of driving may also support a section 63 charge. The State’s election depends on admissible evidence, not the label used at the roadside.
How the Case Is Prosecuted
A section 63 prosecution proceeds under the Criminal Procedure Act 51 of 1977 (CPA). The practical sequence is usually:
- Summons or arrest: the accused receives a court date or, if arrested, may require bail.
- First appearance: the charge is put in the district or regional magistrate’s court serving the place of the incident.
- Plea: a guilty plea may involve section 112(1)(b) questioning or a written section 112(2) statement. The latter is not an admission-of-guilt fine.
- Trial: after a not-guilty plea, the State must prove the driving, public-road setting and fault beyond reasonable doubt. The defence may test witnesses, measurements, footage and road conditions.
- Verdict and sentence: a reckless-driving conviction requires the court to address section 35.
Reckless and Negligent Driving in South Africa: Where the National Statute Meets the Magistrate’s Court
The NRTA applies across all nine provinces, but venue is local: the trial starts in the magistrate’s court for the district where the driving allegedly occurred. A High Court ordinarily becomes involved only on appeal or review, as in Majeng. Burger Huyser Attorneys accepts criminal-law instructions through its Gauteng branch network.
Penalties on Conviction
| Conviction | Statutory sentence under section 89(5) | Other direct consequences |
|---|---|---|
| Reckless driving | A fine or imprisonment for up to six years | Criminal record and section 35 licence suspension or disqualification |
| Negligent driving | A fine or imprisonment for up to three years | Criminal record, but no section 35 licence suspension or endorsement |
The NRTA does not prescribe one standard fine. The magistrate considers the offence’s seriousness, the accused’s personal circumstances and society’s interests. Injury, death, intoxication, extreme speed and previous convictions can aggravate sentence and may support additional charges.
The Licence Consequence — and Why It Matters Which Offence You’re Convicted Of
For reckless driving, section 35 sets minimum suspension periods calculated from sentence: at least six months for a first offence, five years for a second and ten years for a third or subsequent offence. A person without a licence is disqualified from obtaining one for the corresponding period.
A shorter period is possible, but not automatic: section 35(3) permits the court to order no suspension, or a shorter suspension, only after evidence under oath satisfies it that circumstances relating to the offence do not justify the ordinary result. The court must alert the accused to this process before sentence.
By contrast, Majeng confirms that a negligent-driving conviction gives the court no statutory power to suspend or endorse the licence under section 35. This difference can be more consequential than the fine itself.
Defences and Mitigating Factors Common to These Charges
- Dispute the driving evidence: test eyewitnesses, speed proof, video, vehicle data, visibility, traffic and section 63(3) road conditions.
- Dispute fault: evidence establishing ordinary negligence cannot sustain the graver reckless-driving conviction.
- Raise a lawful exemption carefully: sections 58(3) and 60 let specified emergency and law-enforcement drivers disregard signs or speed limits while performing duties, but only with due regard for traffic and the required warning devices. This is no blanket exemption from section 63.
- Consider plea negotiations: reformulating a charge supported only as negligence can materially change the licence outcome.
- Prepare mitigation: assemble relevant personal circumstances, prior record, actual harm and sworn evidence for the section 35 enquiry before sentence.
Burger Huyser’s Criminal Law practice includes specialist consultant Clinton Shaw and admitted attorney Abrie van der Merwe at the Linden head office, supported by the firm’s Gauteng branch network.
AARTO and the Future of Traffic Enforcement
As at 23 July 2026, AARTO Phase 2 is operating in 62 municipalities: the Road Traffic Infringement Authority (RTIA) added 60 municipalities on 1 July 2026 to Johannesburg and Tshwane. This expansion did not activate the national points-demerit system. RTIA’s 2026–2027 Annual Performance Plan records the points-system measures as new for 2026–2027 and sets operational targets from 2027–2028.
When Chapter IV’s points system commences, the AARTO Act provides for points arising from prescribed infringements and criminal convictions. It does not create a duplicate prosecution: section 23 directs that an offence and infringement arising from the same facts be dealt with under the CPA. Future administrative points will also remain distinct from the court-ordered section 35 suspension following a reckless-driving conviction. Because commencement dates have changed repeatedly, motorists should confirm the live position with RTIA.
Facing a section 63 charge or court summons? Burger Huyser Attorneys’ Criminal Law team advises on bail, the reckless-versus-negligent distinction, plea strategy, trial evidence and section 35 licence consequences. Contact the Linden head office on 011 888 0246 or 061 516 6878 to arrange a consultation. For an arrest requiring urgent bail assistance, call the after-hours bail line on 069 522 7696.
Frequently Asked Questions
Is reckless driving the same as negligent driving in South Africa?
No. They are separate section 63 offences. Recklessness is the more serious form of carelessness, while negligence is measured against the objective standard of a reasonable driver. A court may convict an accused of one or the other for a single incident, not both.
Can you go to jail for reckless or negligent driving in South Africa?
Yes. Section 89 permits a fine or imprisonment for up to six years for reckless driving and up to three years for negligent driving. The actual sentence depends on the proven conduct, harm, prior record and the accused’s personal circumstances.
Will I lose my licence if convicted of reckless driving?
Usually. Section 35 sets a minimum six-month suspension for a first reckless-driving conviction. After evidence under oath, the court may order no suspension or a shorter period if circumstances relating to the offence justify that result.
What court hears a reckless or negligent driving charge?
A district or regional magistrate’s court serving the area where the driving allegedly occurred hears the charge. A High Court ordinarily becomes involved only if there is an appeal or review of the lower-court proceedings.
Do I need a lawyer for a reckless or negligent driving charge?
Legal representation is strongly advisable. An attorney can test the section 63(3) evidence, distinguish recklessness from negligence, advise on a plea or trial, and prepare sworn evidence addressing the potential section 35 licence suspension.
How long does a reckless driving conviction stay on your record in South Africa?
It remains on the criminal record unless it is lawfully expunged. Section 271B of the CPA permits an application after ten years for specified qualifying sentences, including a fine only not exceeding R20,000; eligibility depends on the sentence and later convictions.
General Information Disclaimer: This article explains the general framework for reckless and negligent driving under section 63 of the NRTA. It is general information, not legal advice for a specific charge. Every matter depends on its evidence and procedural history; confirm current statutory and AARTO requirements with the Department of Transport, RTIA or a qualified criminal-defence attorney.
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