Damaging an emergency service vehicle
317AG Damaging an emergency service vehicle
S. 317AG inserted by No. 65/2017 s. 3.
A person must not, without lawful excuse, recklessly drive a motor vehicle so that damage is caused to an emergency service vehicle.
Penalty: Level 6 imprisonment (5 years maximum).
To be guilty of an offence under subsection (1), the person must know that, or be reckless as to whether, the other vehicle is an emergency service vehicle.
For the purposes of subsection (2), the person is taken to know that the other vehicle is an emergency service vehicle if—
the motor vehicle bears the livery or insignia of an emergency service; or
the motor vehicle is displaying a flashing blue or red light (whether or not it is displaying other lights); or
the motor vehicle is sounding an alarm; or
the fact that the motor vehicle is an emergency service vehicle is reasonably apparent, having regard to all of the circumstances, including the manner in which the emergency service vehicle is being driven.
S. 317AG(4) amended by No. 65/2017 s. 14(2).
In this section, emergency service vehicle means a motor vehicle that, at a particular time—
S. 317AG(4)(a) amended by No. 65/2017 s. 14(1).
is being used by an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty; or
S. 317AG(4)(b) amended by No. 65/2017 s. 14(1).
is ordinarily used by an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty—
regardless of whether it is occupied by an emergency worker, a custodial officer or a youth justice custodial worker at that time.
Note
Section 16(3D) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.
This Act’s bill:Second reading speech
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