How are traffic offences to be dealt with?
14 How are traffic offences to be dealt with?
In this section:
drive—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary.
driver trainer––see the Road Transport (Alcohol and Drugs) Act 1977, dictionary.
motor vehicle—see the Road Transport (General) Act 1999, dictionary.
non-traffic offence means any offence except a traffic offence.
road transport legislation—see the Road Transport (General) Act 1999, section 6.
traffic offence means any offence arising out of the use of a motor vehicle, and includes any offence against the road transport legislation.
trailer—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary.
use a motor vehicle or trailer includes drive, stop or park the motor vehicle or trailer.
A conviction for a traffic offence, and any period of imprisonment imposed because of such a conviction, are disregarded in calculating the crime-free period for a conviction for a non-traffic offence.
A conviction for a traffic offence is relevant only in calculating the crime‑free period for a conviction for an earlier traffic offence.
A conviction for a non-traffic offence, and any period of imprisonment imposed because of such a conviction, are disregarded in calculating the crime-free period for a conviction for a traffic offence.
A conviction for a non-traffic offence is relevant only in calculating the crime-free period for an earlier non-traffic offence.
However, a conviction for any of the following offences is relevant in calculating the crime-free period for any conviction (whether for a traffic offence or a non-traffic offence):
an offence against the Crimes Act 1900, section 29 (Culpable driving);
any other offence against the Crimes Act 1900 where a necessary fact to constitute the offence is that someone dies or is injured because of, or as a result of, the way the convicted person drove a motor vehicle;
an offence against the Road Transport (Alcohol and Drugs) Act 1977, part 3 (which is about drivers and driver trainers having the prescribed concentration of alcohol in blood or breath, driving or driver training with a prescribed drug in oral fluid or blood, refusing to provide a breath sample, oral fluid, blood test for analysis, failing to stay for a drug screening test and driving or driver training under the influence of intoxicating liquor);
an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 6 (1) (which is about negligent driving) that occasions death or grievous bodily harm (within the meaning of that subsection);
an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 7 (1) (which is about furious, reckless and dangerous driving);
an offence against the Road Transport (Safety and Traffic Management) Act 1999, section 8 (1) or (2) (which are about menacing driving);
an offence prescribed under the regulations for this subsection.
Division 2.2 Spent convictions—youth sexual offences
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.