NSW Up to $1,100 Fine for Recklessly Driving Through Floodwaters, with Money Going to the NSW SES Fund

Road Transport Amendment (Driving Through Floodwaters) Bill 2024 (No 2)

Opposition Bill

Legislative Assembly

Legislative Council

Assent

Share this bill

Introduced by: Gareth Ward (LIB)

Effects of this bill

If this bill passes, it means that:

Drivers commit an offence if they deliberately drive through floodwaters on a road.
The driver must be reckless about the risk of death or injury to themselves or others.
The maximum penalty is 5 penalty units (2026: $550).
All fines collected from this offence go into the New South Wales State Emergency Service Fund.
Drivers can be fined up to $1,100 for deliberately driving through floodwaters if they are reckless about the risk of death or injury to themselves or others.
All fines collected from people driving through floodwaters must be paid into the New South Wales State Emergency Service Fund.

The Debate

What different members said when this bill was debated:

Jenny Aitchison ALP

“I was speaking earlier about a terrible incident in late 2022, when the driver of a utility with two passengers allegedly seated in the back open tray area of the vehicle attempted to drive through floodwaters at Preston Creek Causeway near Goulburn. Unfortunately, the vehicle was swept away, and the two passengers died.”

Official source →

Gurmesh Singh NAT

“I speak on the Road Transport Amendment (Driving Through Floodwaters) Bill 2024. The Opposition will support the bill, as well as the foreshadowed amendment. This important piece of legislation amends the Road Transport Act 2013 to prohibit deliberately or recklessly driving through floodwaters.”

Official source →

Edmond Atalla ALP

“I speak in opposition to the Road Transport Amendment (Driving Through Floodwaters) Bill 2024. This is the second attempt by the member for Kiama to bring this legislation before the House. I understand the intent of the bill is to deter the reckless behaviour of drivers who choose to ignore warnings and drive through flooded roads.”

Official source →

Anna Watson ALP

“I contribute to debate on the Road Transport Amendment (Driving Through Floodwaters) Bill 2024 (No. 2) and thank the member for Kiama for introducing it. Whilst the member and I are on a rare unity ticket when it comes to being annoyed at people who drive through floodwaters, we will have to agree to disagree on the merits of this particular bill.”

Official source →

Sally Quinnell ALP

“I contribute to debate on the Road Transport Amendment (Driving Through Floodwaters) Bill 2024 (No. 2). Before I address the bill in detail, I take a moment to reflect. We do not have to think too far back to remember some of the wild rain, storms and floods we have endured in this great city and its vast surrounds.”

Official source →

Lynda Voltz ALP

“Like my colleagues, I too oppose the Road Transport Amendment (Driving Through Floodwaters) Bill 2024 (No 2). I am sure the member for Kiama has brought the bill before the House with the best intentions, but a perusal of the Road Traffic Act 2013 would have brought his attention to section 117, which is negligent, furious or reckless driving.”

Official source →

Charishma Kaliyanda ALP

“I contribute to debate on the Road Transport Amendment (Driving Through Floodwaters) Bill 2024 (No 2). I note that this bill takes a punitive approach to behaviour that is an acknowledged concern of our State Emergency Service and other emergency responders.”

Official source →

Karen McKeown ALP

“I contribute to debate on the Road Transport Amendment (Driving Through Floodwaters) Bill 2024 (No 2). The bill seeks to amend the Road Transport Act 2013 to create a specific offence for a person who deliberately or recklessly drives through floodwaters, and to require penalties for breach to be paid into the NSW State Emergency Fund. I will not be supporting this bill.”

Official source →

Michael Kemp NAT

“I contribute to debate on the Road Transport Amendment (Driving Through Floodwaters) Bill 2024 (No 2). While I support the principle of the bill, I think it does not quite go far enough. On that basis, I am pleased to support the current stance. A person not deliberately and recklessly driving a motor vehicle on a part of a road covered by floodwaters is an important tenet.”

Official source →

News articles and press releases

Road Transport Amendment (Driving Through Floodwaters) Bill 2024 (No 2)

Mr GARETH WARD, Member for Kiama — 2024-11-15

The object of the bill is to amend the Road Transport Act 2013 to prohibit people from deliberately and recklessly driving through floodwaters, and to require penalties for breach of the prohibition to be paid into the NSW State Emergency Service Fund to support the hardworking men and women of the State Emergency Service. This bill has the support of the SES, who frankly are not impressed by people who do not heed the advice to not drive through floodwaters. I suggested the issue be expanded to penalise reckless and deliberate adventure‑seekers, who also take up the time of rescue services.