Dangerous driving during pursuit
174FB Dangerous driving during pursuit
The driver of a vehicle commits an offence if:
(a) a police officer gives the driver a direction to stop the vehicle under a law in force in the Territory; and
the driver fails to comply with the direction; and
a police officer pursues the vehicle; and
(d) the driver drives the vehicle dangerously while it is being pursued.
Maximum penalty: Imprisonment for 5 years.
Examples for subsection (1)(a) of laws under which a direction to stop may be given
1 Section 119A of the Police Administration Act 1978.
2 Section 29AAB of the Traffic Act 1987.
For subsection (1):
(a) a police officer may be pursuing a vehicle even if the officer is not travelling at the same speed as the vehicle; and
(b) it is irrelevant that the officer's pursuit is suspended or ends before the vehicle being pursued stops; and
(c) a driver drives a vehicle dangerously if the driver drives the vehicle:
(i) while under the influence of alcohol or a drug to such an extent as to be incapable of having proper control of the vehicle; or
at a speed that is dangerous to another person; or
in a manner that is dangerous to another person.
(3) An offence against subsection (1) is an offence of strict liability.
(4) It is a defence to a prosecution for an offence against subsection (1) if the defendant believed, on reasonable grounds, that he or she was not given a direction to stop the vehicle by a police officer.
(5) The defendant has a legal burden of proof in relation to the matter mentioned in subsection (4).
In this section:
direction to stop, in relation to a vehicle, means any action taken by a police officer to indicate to the driver of the vehicle that the driver must stop the vehicle including, for example:
the giving of hand signals or the display of signs; and
if the officer is driving a vehicle – any of the following:
the flashing of the vehicle's headlights;
(ii) the use of a lamp on the vehicle displaying intermittent red and blue flashes;
(iii) the sounding of an alarm, siren or other warning device from the vehicle.
driver, see section 174FA(2).
vehicle, see section 174FA(2).
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