73. Dangerous driving
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(1) A person shall not —
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(a) cause the death of another person by dangerous driving; or
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(b) drive dangerously on any road.
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(2) A person who contravenes subsection (1)(a), commits an offence and is liable, on conviction on indictment, as follows —
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(a) to imprisonment for a term not less 5 years and not exceeding 15 years; and
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(b) in addition to the sanction specified in section106.
(Substituted by Act 10 of 2006)
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(3)
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(a) Where a person is charged under subsection 1(a), the licence of the person to drive a motor vehicle is suspended until the charge has been determined.
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(b) A person who contravenes subsection 3(a) commits an offence and is liable on summary conviction to a fine not less than $1,000 and not exceeding $5,000 or to imprisonment of a term not exceeding one year.
(Substituted by Act 10 of 2006)
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(4) A person who contravenes subsection (1)(b) commits an offence and is liable —
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(a) on summary conviction to a fine not less than $1,000 and not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both and in addition to the sanction specified under section 106; or
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(b) on conviction on indictment to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both, and in addition to the sanction specified under section 106.
(Substituted by Act 10 of 2006)
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(5) In determining whether driving is dangerous for the purpose of this section the court shall consider all the circumstances of the driving including —
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(a) the speed and manner of driving;
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(b) the nature, condition and use of the road; and
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(c) the amount of traffic that is actually on the road at the time of the alleged offence, or might reasonably be expected to be on the road at that time.
(Amended by Act 10 of 2006)