Traffic Regulations 1999

abandoned vehicle, for Part 5, see regulation 63.

AFP means the Australian Federal Police constituted by the Australian Federal Police Act 1979 (Cth).

Australian Standard means a standard approved for publication on behalf of Standards Australia Limited ACN 087 326 690 or the Standards Association of Australia as constituted before 1 July 1999.

authorised officer, for Part 5, see regulation 62(1).

bus means a motor omnibus within the meaning of the Commercial Passenger (Road) Transport Act 1991.

clearway means a length of road to which a clearway sign referred to in rule 176 applies.

commercial passenger vehicle means a commercial passenger vehicle within the meaning of the Commercial Passenger (Road) Transport Act 1991.

emergency vehicle means a motor vehicle that is:

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

(b) the property of the Territory and in the control of the Northern Territory Fire and Rescue Service, within the meaning of the Fire and Emergency Act 1996; or

(c) the property of the Territory and in the control of a member, under section 45 of the Emergency Management Act 2013, of the Northern Territory Emergency Service and being used for the purposes of that Act; or

(d) the property of, or being used for the purposes of, the AFP and in the control of the AFP; or

goods includes animals.

heavy vehicle means a vehicle with a GVM greater than 4.5 t.

member of the AFP means a member of the Australian Federal Police, as defined in section 4(1) of the Australian Federal Police Act 1979 (Cth).

person assisting, for Part 5, see regulation 62A(1).

public place means a place (other than a road) 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.

these Regulations include the Australian Road Rules contained in Schedule 3 to these Regulations.

(2) Unless the contrary intention appears, if a word or expression that is used in a regulation is defined for the purposes of the Australian Road Rules, the word or expression has the same meaning in the regulation as it has in the Australian Road Rules.

(3) Unless the contrary intention appears, a reference in a regulation to a rule and a number is a reference to the rule of that number in the Australian Road Rules.

(3A) A reference in the Australian Road Rules to another law of this jurisdiction includes these Regulations other than the Australian Road Rules.

(4) The Registrar may in writing authorise a person, or a member of a class of persons, to use a vehicle or a type of vehicle as an emergency vehicle.

(5) An authorisation under subregulation (4) may be issued on the conditions, if any, that the Registrar thinks fit and specifies in the authorisation.

Part 2 Traffic Rules that apply in Territory

Division 1 Safety of persons in vehicles

in a space of the vehicle designed primarily to carry goods unless:

(e) all doors, hatches or other means of entering the space are securely closed; and

(f) all goods carried in the space are securely stored to prevent a person in the space being injured by the goods in the event of an accident or emergency.

(2) If a police officer apprehends a person contravening subregulation (1), the officer may permit the person to continue in contravention of that subregulation and a person to whom permission is given under this subregulation is exempted from complying with subregulation (1) while driving or travelling in or on the vehicle in accordance with the conditions, if any, of the permission.

(3) Subregulation (1) does not apply in relation to a person or vehicle, or a class of persons or vehicles, exempted by the Registrar.

enclosed, in relation to a space, means enclosed at the time of manufacture of the vehicle.

Division 2 Persons to provide details

(1) If an authorised person believes a driver has committed an offence against the Act or these Regulations, the authorised person may require the driver to provide his or her personal particulars.

(2) If an authorised person believes a driver has committed an offence against the Act or these Regulations, the authorised person may require a person to provide:

(b) any information within the person's power that may identify the driver of the vehicle or assist in investigating the alleged offence.

(3) If an authorised person believes a vehicle has been used in the commission of an offence against the Act or these Regulations, the authorised person may require the owner of the vehicle to provide any information within the owner's power that may identify the driver of the vehicle or assist in investigating the alleged offence.

(4) A driver who is required to provide his or her personal particulars must comply with the requirement and must not give false or misleading information.

(5) A person who is required to provide his or her personal particulars or information under subregulation (2) must comply with the requirement and must not give false or misleading information.

(6) The owner of a vehicle who is required to provide information under subregulation (3) must comply with the requirement and must not give false or misleading information.

authorised person means a police officer, an inspector, an officer or any other person who by or under an Act is authorised to require a person to produce a driver's licence or give his or her personal particulars.

driver includes a person who an authorised person reasonably believes may be the driver of a vehicle.

personal particulars, of a person, means the person's name and address, whether the person is the holder of a licence and, if so, whether the licence is provisional or a permit licence and includes providing a sample of the person's signature.

In this Division:

L-plate means a sign with sides not less than 150 mm in length bearing a black letter "L" clearly marked on a yellow background.

learner means a driver who is the holder of a learner licence granted under section 9 of the Motor Vehicles Act 1949 that permits the person to drive the vehicle.

licence holder means a person who is over 18 years of age and is the holder of a licence (not being a learner licence under section 9, or a licence that is provisional under section 10A, of the Motor Vehicles Act 1949) to drive the type of vehicle.

P-plate means a sign with sides not less than 150 mm in length bearing a red letter "P" clearly marked on a white background.

provisional driver means a person who is the holder of a licence that under section 10A of the Motor Vehicles Act 1949 is provisional but does not include:

(c) a member, within the meaning of the Fire and Emergency Act 1996, of the Northern Territory Fire and Rescue Service; or

(d) a member, under section 45 of the Emergency Management Act 2013, of the Northern Territory Emergency Service; or

when driving a vehicle in the course of the person's duties.

(1) In this regulation, vehicle does not include a motor cycle.

(2) A licence holder must not travel in a vehicle that is driven by a learner unless the licence holder, or another licence holder, is occupying a front seat of the vehicle.

(3) A licence holder who is occupying a front seat of a vehicle must not permit the vehicle to be driven by a learner unless there are L-plates displayed conspicuously so as to be clearly visible from both the front and the rear of the vehicle.

(4) A learner must not drive a vehicle unless there are L-plates displayed conspicuously so as to be clearly visible from both the front and the rear of the vehicle.

(5) A person must not occupy a front seat of a vehicle being driven by a learner unless the person is:

(b) an approved person who is testing the learner's capability to drive the vehicle with safety to the public.

Maximum penalty: 20 penalty units or imprisonment for 6 months.

(6) A learner must not drive a vehicle unless another person is occupying a front seat of the vehicle and the person is:

(b) an approved person who is testing the learner's capability to drive the vehicle with safety to the public.

(7) A learner must not drive a vehicle at a speed greater than 80 km/h unless permitted to do so by, and while under the direct supervision of, a person conducting a driving course approved by the Registrar.

(8) A licence holder who is occupying a front seat of a vehicle must not permit a learner to drive the vehicle at a speed greater than 80 km/h unless the licence holder is conducting a driving course approved by the Registrar.

(9) A learner must not drive a vehicle unless the vehicle is of a class that the learner is permitted by the learner licence to drive.

(9A) A licence holder who contravenes subregulation (2), (3) or (8) commits an offence.

Maximum penalty: 20 penalty units or imprisonment for 6 months.

(9B) A learner who contravenes subregulation (4), (6), (7) or (9) commits an offence.

Maximum penalty: 20 penalty units or imprisonment for 6 months.

(10) A licence holder who is occupying a front seat of a vehicle that is being driven by a learner driver is liable for an offence against these Regulations that is committed by the driver as if the licence holder was the driver of the vehicle.

(11) It is a defence for a licence holder who is liable for an offence because of subregulation (10) if the licence holder proves that the licence holder took reasonable steps to prevent the learner from committing the offence.