Traffic Act 1987

This Act may be cited as the Traffic Act 1987.

ambulance means a vehicle specifically constructed or modified for the purpose of conveying persons to a place of medical treatment while being used for that purpose or while travelling to a place for that purpose.

authorised analyst means a person, Agency, administrative unit or entity authorised under section 19C to be an analyst.

bicycle means any of the following:

(a) a 2 or 3 wheeled vehicle with pedals designed to be propelled by human power;

(b) a 2 or 3 wheeled vehicle with pedals designed to be propelled by an engine, motor or other device with a power output not exceeding 200 W;

(c) a bicycle that meets European product safety standard EN 15194, published in 2009 and amended in 2011, entitled Cycles - Electrically power assisted cycles - EPAC bicycle.

blood test means a test of a sample of a person's blood carried out for the purpose of ascertaining the concentration of alcohol or the presence of another drug or substance in that person's blood.

breath analysis means an analysis of a sample of a person's breath carried out for the purpose of assessing the concentration of alcohol in that person's breath.

breath test means a test of a sample of a person's breath to assess:

(b) if alcohol is present, the concentration of alcohol in the person's breath.

carriageway means a portion of a public street improved, designed or ordinarily used for vehicular traffic and includes the shoulders and areas at the side or centre of the carriageway used for the standing or parking of vehicles including parking bays, and, where a public street has 2 or more portions divided by a reservation, means each portion separately.

child means a person who has not attained the age of 18 years.

Commissioner means the Commissioner appointed under the Police Administration Act 1978.

competent authority, in relation to a public street or public place, means the person, body or authority (which shall include the Territory) having the care, control and management of that street or place.

control area means an area declared under, or continued in force by, section 11 as a control area.

Deputy Director means the Deputy Director of Transport appointed under section 6(2).

Director means the Director of Transport appointed under section 6(1).

driver means a person driving, riding or in control of a vehicle.

emergency vehicle means a motor vehicle which is:

(a) the property of the Territory and in the control of the Police Force of the Northern Territory;

(b) the property of the Territory and in the control of the Northern Territory Fire and Rescue Service;

and which is sounding a siren, bell or repeater horn or flashing the prescribed lights.

footway includes a footpath, lane or other place intended exclusively for use by pedestrians and, except where bicycle use is expressly prohibited, by persons riding bicycles.

health centre means a health centre within the meaning of the Medical Services Act 1982.

hospital means a hospital declared under section 6(2) of the Medical Services Act 1982.

inspector means an inspector appointed under section 9.

intersection means a place where 2 or more public streets intersect or join and includes any area where vehicles travelling on different joining or intersecting public streets may collide.

lane line means a line marked on a carriageway to separate vehicles travelling in the same direction on the carriageway.

learner's licence means a licence granted under section 9 of the Motor Vehicles Act 1949.

licence means a licence to drive a motor vehicle granted under the Motor Vehicles Act 1949.

motor cycle means a motor vehicle which has 2 wheels or, where a side car is attached to the vehicle, has 3 wheels.

motor vehicle, see section 5(1) of the Motor Vehicles Act 1949.

officer means an officer appointed under section 9.

pedestrian means a person on foot, on or in a toy vehicle, in a perambulator, or in a wheelchair which is not capable of travelling at a speed greater than 10 km/h.

PPS Act means the Personal Property Securities Act 2009 (Cth).

PPS Register means the Personal Property Securities Register established under section 147 of the PPS Act.

prescribed breath analysis instrument means a device prescribed under section 29AAW for the carrying out of breath analyses.

prohibited drug, for Part V, see section 19A.

public place means a place (other than a public street) open to or used by the public or to which the public is permitted to have access whether on payment of a fee or otherwise, but does not include a track in an enclosed area used for motor vehicle or bicycle racing or speed trials.

public street means a street, road, lane, thoroughfare, footpath or place open to, or used by, the public and includes a road on land leased under the Special Purposes Leases Act 1953 for use as a road, but does not include:

(a) a road, or part of a road, which is closed under the Control of Roads Act 1953 or the Local Government Act 2019; or

(b) a street, road, lane, thoroughfare, footpath or other place under construction,

and not open to or used by the public.

qualified person means a person who has been trained to take samples of blood from persons by a registered training organisation (as defined in section 3 of the National Vocational Education and Training Regulator Act 2011 (Cth)).

registered, in relation to a motor vehicle, means registered under the Motor Vehicles Act 1949.

registered nurse means a person registered under the Health Practitioner Regulation National Law:

(a) to practise in the nursing profession (other than as a student); and

Registrar means the Registrar of Motor Vehicles appointed under the Motor Vehicles Act 1949.

reservation means a physical provision, including markings, made on a public street to divide it longitudinally and includes a nature strip adjoining a footway, but does not include a separation line or a lane line which is the only line between 2 adjoining traffic lanes.

resident of the Territory means a person who has resided continuously in the Territory for not less than 3 months.

saliva test, for Part V, see section 19(1).

separation line means a line marked on a carriageway to separate vehicles travelling in opposite directions on the carriageway.

solution of standard alcohol means a solution consisting of ethyl alcohol and distilled water in the proportion of 3.36 g of ethyl alcohol per litre of solution.

this Act includes the Regulations.

traffic control device means a traffic control signal or a light, sign, mark, structure or item placed, erected or displayed for the purpose of regulating, warning or guiding traffic.

traffic control signal means a device using a word, symbol, coloured light or a combination of them by means of which traffic may be controlled or regulated.

traffic infringement detection device means a device approved under section 44(1) as a traffic infringement detection device.

traffic island means a physical provision, including marking, made on a public street to guide traffic on the street, but does not include a traffic control device.

trailer means a vehicle without motive power constructed or adapted to be drawn by a motor vehicle.

vehicle means a conveyance or other device designed to be propelled or drawn by any means and includes a bicycle or an animal being driven or ridden, but does not include a train, or a wheelchair which is not capable of travelling at a speed greater than 10 km/h.

visiting motor vehicle means a motor vehicle which:

(a) is registered in another country or in a State or in another Territory of the Commonwealth;

(b) has affixed to it the current registration label and number plates required to be affixed by the law of that country, State, or other Territory; and

young person means a person who has attained the age of 8 years but has not attained the age of 14 years.

Note for subsection (1)

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

(2) In this Act, a reference to the owner of a motor vehicle includes a reference to the operator (within the meaning of the Motor Vehicles Act 1949) of the vehicle where an operator is nominated under section 92A of that Act.

(3) In this Act, a reference to a person licensed to drive a motor vehicle is a reference to that person being licensed to drive a vehicle of a class permitted to be driven in accordance with that person's licence.

demerit points means the points incurred by a natural person in relation to a demerit points offence.

demerit points offence means an offence specified in Schedule 1 to the Traffic Regulations 1999 for which demerit points are prescribed.

Note

The administration of the demerit points scheme is under the Motor Vehicles Act 1949.

Except where otherwise expressly provided, this Act binds the Crown in right of the Territory and, in so far as is possible, the Crown in all its other capacities.

Unless the contrary intention appears, this Act, in so far as it applies to or in relation to a driver, vehicle or pedestrian, applies only to or in relation to a driver, vehicle or pedestrian on a public street or in a public place.

Executive Officer or employee, as defined in the Public Sector

Employment and Management Act 1993, to be the Director of

Transport for the purposes of this Act.

Executive Officer or employee, as defined in the Public Sector

Employment and Management Act 1993, to be the Deputy Director of

Transport for the purposes of this Act.

Director, and all references in this Act or any other Act to the

Director shall, so far as is necessary for the purpose of giving effect to this section, be read as including a reference to the

Deputy Director.

Subject to this Act, the Director has power to do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of the Director's functions.

In the exercise of the powers and the performance of the functions vested in the Director under this Act, the Director is subject to the direction of the Minister.

Director thinks necessary for the purposes of this Act.

Director, the Registrar or the competent authority, as the case may be.

Director, the Registrar or the competent authority.

(1) For this Act, the Registrar may, in writing, approve types or classes of the following:

(d) seats, restraints, harnesses and other safety equipment used by children in motor vehicles.

(2) The Registrar may, in writing, authorise a person or a class of persons to be an emergency worker under the Australian Road Rules.

(1) On application, the Registrar may, in writing, grant an exemption from any provision of the Regulations if satisfied that the exemption will not result in danger or undue inconvenience to other persons.

(a) the provision of the Regulations for which the exemption is given;

(b) the person, class of persons, vehicle or class of vehicles for which the exemption is given;

(d) the conditions of the exemption, including the period of time for which it is given.

(4) To use and benefit from an exemption under this section, a person must comply with any conditions on the exemption.