1Short title
This Act may be cited as the Road Traffic Act 1974.
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This Act may be cited as the Road Traffic Act 1974.
Subject to subsection (2) the provisions of this Act shall come into operation on such date or such dates as is or are, respectively, fixed by proclamation.
Section 4 shall come into operation on the day on which this Act receives the Royal Assent.
[3. Deleted: No. 82 of 1982 s. 4.]
The provisions of the Traffic Act 1919 shall be repealed on such date or such dates as is or are, respectively, fixed by proclamation.
The Road Traffic (Administration) Act 2008 Part 1 Division 2 provides for the meanings of some terms and abbreviations in this Act.
[Section 5 inserted: No. 8 of 2012 s. 6.]
[5A. Deleted: No. 8 of 2012 s. 7.]
[Part II (s. 6-15A) deleted: No. 8 of 2012 s. 8.]
[Part IIA deleted: No. 5 of 2002 s. 15.]
[Part III: s. 15, 17-20, 22, 23A-29 deleted: No. 8 of 2012 s. 8;
s. 16 deleted: No. 28 of 2001 s. 7;
s. 21 deleted: No. 21 of 1995 s. 7;
s. 23 deleted: No. 39 of 2000 s. 11.]
[Part IV: s. 30-37 and 39-41 deleted: No. 8 of 2012 s. 8;
s. 38 deleted: No. 39 of 2009 s. 6.]
[Part IVA: s. 41A-44D, 47, 48 and 48A deleted: No. 8 of 2012 s. 8;
s. 45, 46 deleted: No. 18 of 2011 s. 11;
s. 48B‑48F deleted: No. 54 of 2006 s. 6.]
In this Part —
above the speed limit, in relation to the driving of a vehicle, means driving the vehicle at a speed that exceeds the speed limit applicable to the driver, the vehicle or the length of road where it is being driven;
confiscation zone means —
in relation to a vehicle, a length of road where the speed limit applicable to the vehicle, or the length of road, is 50 km/h or less; or
a school zone;
grievous bodily harm has the meaning given in The Criminal Code section 1(1);
instructor means a person who may give driving instruction under the Road Traffic (Authorisation to Drive) Act 2008 section 10(2);
learner driver means —
the holder of a learner’s permit; or
a person authorised to drive under the Road Traffic (Authorisation to Drive) Act 2008 section 6;
motor cycle means a motor vehicle that has 2 wheels and includes —
a 2-wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel; and
a motor vehicle with 3 wheels that is ridden in the same way as a motor vehicle with 2 wheels;
provide driving instruction means to provide or attempt to provide driving instruction to a learner driver who is driving a motor vehicle;
school zone means a length of road designated as a school zone under a road law;
speed limit means a speed limit set under a road law.
[Section 49AAA inserted: No. 25 of 2016 s. 42; amended: No. 51 of 2016 s. 4.]
For the purposes of this Part, unless the contrary is shown, a person is to be taken to be an instructor providing driving instruction to a learner driver if the person is —
seated beside the learner driver in a motor vehicle driven by the learner driver; or
if there is no seat directly beside the learner driver —
seated in the seat nearest the learner driver that faces forward in a motor vehicle driven by the learner driver; or
standing near the learner driver in a motor vehicle driven by the learner driver;
or
riding in a side car attached, or on a pillion seat fitted, to a motor cycle driven by the learner driver.
Without limiting the circumstances in which a person is in charge of a motor vehicle, an instructor providing driving instruction to a learner driver is, for the purposes of this Part (other than sections 49AB and 66A), to be taken to be in charge of the motor vehicle driven by the learner driver.
Subsection (2) does not affect any liability of a learner driver for any offence committed by that person while driving or being in charge of a vehicle.
[Section 49AA inserted: No. 25 of 2016 s. 42.]
In this section —
prescribed authorisation —
means —
a learner’s permit; or
an Australian driver licence; or
a licence or authorisation granted under the law of an external licensing authority as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1);
and
includes an extraordinary licence as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1).
In this section an instructor providing driving instruction to a learner driver is not to be taken, under section 49AA, to be in charge of the motor vehicle driven by the learner driver.
For the purposes of this Division, a person commits an offence in circumstances of aggravation if at the time of the alleged offence —
the person was unlawfully driving the vehicle concerned without the consent of the owner or person in charge of the vehicle; or
the person has never held a prescribed authorisation; or
the person has held a prescribed authorisation but is a person described in section 49(3)(a), (b), (ca), (c) or (da); or
the person holds a prescribed authorisation but the prescribed authorisation does not authorise the person to drive a vehicle of the kind concerned; or
the person commits an offence under the Road Traffic (Authorisation to Drive) Act 2008 section 38(1); or
the person was driving the vehicle concerned on a road at 30 km/h or more above the speed limit; or
the person was driving the vehicle concerned to escape pursuit by a police officer.
Subsection (1)(ac) does not apply to a person who is a member of a class of persons prescribed for the purposes of the subsection by regulations made under the Road Traffic (Authorisation to Drive) Act 2008 section 4(7).
For the purposes of subsection (1)(c) it does not matter whether the pursuit was proceeding, or had been suspended or terminated, at the time of the alleged offence.
[Section 49AB inserted: No. 59 of 2012 s. 4; amended: No. 59 of 2012 s. 12; No. 25 of 2016 s. 43; No. 51 of 2016 s. 6; No. 19 of 2018 s. 4.]
A person who —
drives a motor vehicle on a road while not authorised under the Road Traffic (Authorisation to Drive) Act 2008 Part 2 to do so; or
employs or permits another person to drive a motor vehicle as described in paragraph (a),
commits an offence.
Penalty for this subsection:
unless subsection (3) applies —
for a first offence, 6 PU;
for a subsequent offence, 12 PU;
if subsection (3)(d), but no other paragraph of subsection (3), applies —
a fine of not less than 4 PU or more than 30 PU; and
imprisonment for not more than 12 months,
and the court may order that the offender be disqualified from holding or obtaining a driver’s licence for a period of not more than 3 years;
if subsection (3)(a), (b), (ca), (c) or (da) applies —
for a first offence, a fine of not less than 8 PU or more than 40 PU, and imprisonment for not more than 12 months;
for a subsequent offence, a fine of not less than 20 PU or more than 80 PU, and imprisonment for not more than 18 months,
and the court shall order that the offender be disqualified from holding or obtaining a driver’s licence for a period of not less than 9 months and not more than 3 years.
It is a defence to a charge of an offence under subsection (1) to prove that the motor vehicle was driven in accordance with —
regulations referred to in the Road Traffic (Authorisation to Drive) Act 2008 section 11(1); or
a necessity permit under section 49A.
If an offence under subsection (1)(a) is committed by a person —
who has applied for, but has been refused, an Australian driver licence of a kind required; or
who, at the time of the commission of the offence, is disqualified from holding or obtaining an Australian driver licence of a kind required, other than for the reason described in paragraph (d), whether or not the person has ever held an Australian driver licence of the kind required; or
who has held an Australian driver licence of a kind required but ceased to hold the licence of that kind most recently held other than —
because the person had, before the time of the commission of the offence, voluntarily surrendered the licence most recently held; or
because the licence expired; or
for the reason described in paragraph (d);
or
whose authority to drive, whether under an Australian driver licence or otherwise, is for the time being suspended other than for the reason described in paragraph (d); or
who is a member of a class of persons prescribed for the purposes of this paragraph by regulations made for the purposes of the Road Traffic (Authorisation to Drive) Act 2008 section 5A; or
who is no longer authorised to drive because of penalty enforcement laws, as described in subsection (9),
a police officer may, without a warrant, arrest the person.
A person who would only come within a description in subsection (3)(a), (b), (ca) or (c) because of a decision for the review of which an application had been made is excluded from that description if the application had been made, but not determined, when the offence under subsection (1)(a) was committed.
If a person to whom the CEO has been ordered under the Road Traffic (Authorisation to Drive) Act 2008 section 30(1) to grant an extraordinary licence commits an offence under subsection (1)(a) —
before the extraordinary licence is granted; or
when the extraordinary licence has expired and has not been renewed,
neither the order nor any extraordinary licence granted affects subsection (3).
An offence under subsection (1) is a subsequent offence if the offender has previously been convicted of any offence under that subsection as in force at any time, except that, if subsection (3)(a), (b), (ca) or (c) applies to an offence under subsection (1)(a), the offence is a subsequent offence only if the person has previously been convicted of a relevant offence.
In subsection (6) —
relevant offence means —
an offence under subsection (1)(a) as in force after the commencement of section 7 of the Road Traffic Amendment Act 2006 being an offence to which subsection (3)(a), (b), (ca) or (c) applied; or
an offence under subsection (1)(a) as in force at a time before the commencement of section 7 of the Road Traffic Amendment Act 2006 being an offence that would have been taken into account in determining whether another offence committed before that commencement, in circumstances mentioned in section 49(2)(a)(ii) or (iii) or (2)(b) as then in force, would have been a first or subsequent offence.
A period of disqualification ordered under subsection (1) is cumulative upon —
any other period of disqualification to which the person may then be subject; or
any period for which the operation of a driver’s licence held by the person may currently be suspended.
When subsection (3)(d) refers to a person who is no longer authorised to drive because of penalty enforcement laws, it means that the person —
has been disqualified from holding or obtaining a driver’s licence under section 19 or 43 of the Fines, Penalties and Infringement Notices Enforcement Act 1994; or
is the subject of any disqualification or suspension under a law of another jurisdiction that is prescribed to be a corresponding law for the purposes of this subsection.
[Section 49 inserted: No. 54 of 2006 s. 7; amended: No. 8 of 2012 s. 10 and 37; No. 2 of 2015 s. 11; No. 25 of 2016 s. 62.]
49A. Person breaching s. 49(1)(a) having lost licence etc. due to penalty enforcement laws, police may caution etc.
This section applies if a police officer finds a person (the driver) committing an offence under section 49(1)(a) in the circumstances referred to in section 49(3)(d).
If this section applies and the police officer suspects on reasonable grounds that, at the time of committing the offence, the driver —
did not know of the circumstances referred to in section 49(3)(d); and
had not been cautioned previously under this section since those circumstances came about,
the police officer may decline to charge the driver with an offence under section 49(1)(a) and may instead issue a caution to the driver.
The caution must be in a prescribed form.
If this section applies and it appears to the police officer that it would be impracticable, or may jeopardise the safety of any person, for the driver to immediately cease driving —
if the police officer issues a caution, the caution must include a necessity permit; and
in any other case, the police officer may grant the driver a necessity permit.
In subsection (4) —
necessity permit means a permit for the driver to drive by the shortest practicable route to a place specified in the permit.
[Section 49A inserted: No. 54 of 2006 s. 8.]
[Section 49A. Modifications to be applied in order to give effect to Cross‑border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.]
[50. Deleted: No. 25 of 2016 s. 4.]
50A. Driver using foreign country’s driver’s licence etc. to carry it etc.
A person whose authority to drive depends on a licence or authorisation granted under the law of an external licensing authority (as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1)) is required —
while driving a motor vehicle on a road, to carry —
the official document that is evidence of that licence or authorisation; and
if the official document is not in the English language, a translation of it into the English language verified by a person or body approved by the CEO;
and
to produce that document for inspection at the request of any police officer.
If the person fails to comply with any condition to which the licence or authorisation is subject that can lawfully be complied with in this State, the person commits an offence.
Penalty:
for a first offence, 8 PU;
for a subsequent offence, 16 PU.
[Section 50A inserted: No. 54 of 2006 s. 10; amended: No. 8 of 2012 s. 11A (as amended: No. 10 of 2015 s. 14), 36 and 37.]
[51. Deleted: No. 8 of 2012 s. 11.]
[52. Deleted: No. 76 of 1996 s. 14.]
[53. Deleted: No. 8 of 2012 s. 11.]
If a vehicle driven by a person (the driver) is involved in an incident occasioning bodily harm to another person, the driver must stop immediately after the occurrence of the incident and for as long as is necessary to comply with subsections (2) and (6).
If a vehicle driven by a person (the driver) is involved in an incident occasioning bodily harm to another person (a victim), the driver must ensure that each victim receives all the assistance, including medical aid, that is necessary and practicable in the circumstances.
A person who contravenes subsection (1) or (2) commits a crime.
Penalty for this subsection: imprisonment for —
20 years, if the incident occasioned death and, in any event, the court convicting the person must order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 2 years;
14 years, if the incident occasioned grievous bodily harm but not death and, in any event, the court convicting the person must order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 2 years;
10 years, in any other case and, in any event, the court convicting the person must order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 12 months.
Summary conviction penalty in a case to which paragraph (c) applies: imprisonment for 3 years and, in any event, the court convicting the person must order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 12 months.
[(4) deleted]
It is a defence to a charge of an offence under subsection (3) for the accused to prove that the accused was not aware of the occurrence of the incident.
If a vehicle driven by a person (the driver) is involved in an incident occasioning bodily harm to another person (a victim), the driver must, if required to do so by a victim, a representative of a victim, or a police officer, give the driver’s name and address and, if known to the driver, the name and address of a responsible person for the vehicle.
Penalty for this subsection: a fine of 30 PU.
It is a defence to a charge of an offence under subsection (3) or (6) for the accused to prove that the accused could not comply with a requirement in the relevant provision because of an injury suffered by the accused in the incident.
[Section 54 inserted: No. 39 of 2007 s. 20; amended: No. 8 of 2012 s. 37; No. 25 of 2016 s. 5.]
If a vehicle driven by a person (the driver) is involved in an incident in which any property is damaged, the driver must stop immediately after the occurrence of the incident and for as long as is necessary to comply with subsection (4).
Penalty: a fine of 30 PU.
If in the opinion of the court an offence under subsection (1) is of a sufficiently serious nature the court may make an order disqualifying the offender from holding or obtaining a driver’s licence for such period as it thinks fit.
It is a defence to a charge of an offence under subsection (1) for the accused to prove that the accused was not aware of the occurrence of the incident.
If a vehicle driven by a person (the driver) is involved in an incident in which any property is damaged, the driver must, if required to do so by a person whose property was damaged in the incident or a representative of that person or a police officer, give the driver’s name and address and, if known to the driver, the name and address of a responsible person for the vehicle.
Penalty: a fine of 30 PU.
It is a defence to a charge of an offence under subsection (1) or (4) for the accused to prove that the accused could not comply with a requirement in that subsection because of an injury suffered by the accused in the incident.
[Section 55 inserted: No. 39 of 2007 s. 20; amended: No. 8 of 2012 s. 37.]
If a vehicle driven by a person (the driver) is involved in an incident occasioning bodily harm to the driver or another person, the driver must report the incident forthwith to —
the officer in charge of a police station; or
the Commissioner of Police in a manner approved by the Commissioner.
If a person contravenes subsection (1) and the incident occasioned death or grievous bodily harm, the person commits a crime.
Penalty: imprisonment for 10 years and in any event the court convicting the person must order that the offender is disqualified from holding or obtaining a driver’s licence for a period of not less than 12 months.
Summary conviction penalty: imprisonment for 12 months and in any event the court convicting the person must order that the offender is disqualified from holding or obtaining a driver’s licence for a period of not less than 12 months.
If a person contravenes subsection (1) and the incident did not occasion death or grievous bodily harm, the person commits an offence.
Penalty: imprisonment for 12 months and in any event the court convicting the person must order that the offender is disqualified from holding or obtaining a driver’s licence for a period of not less than 12 months.
If a vehicle driven by a person (the driver) is involved in an incident in which any property is damaged the driver must report the incident forthwith to —
the officer in charge of a police station; or
the Commissioner of Police in a manner approved by the Commissioner.
Penalty:
for a first offence, a fine of 8 PU;
for a subsequent offence, a fine of 16 PU.
It is a defence to a charge of an offence under subsection (2), (3) or (4) for the accused to prove that —
the accused could not comply with a requirement in the relevant provision because of an injury suffered by the accused in the incident; or
a police officer attended at the scene of the incident and took the necessary particulars of the incident.
It is a defence to a charge of an offence under subsection (4) for the accused to prove —
that the accused had reasonable cause for believing that the total value of the damage did not exceed the amount prescribed for the purposes of this subsection; and
that the owner, in each case, of any property damaged was present or represented at the place where and at the time when, or immediately after, the incident occurred.
[Section 56 inserted: No. 39 of 2007 s. 20; amended: No. 8 of 2012 s. 37; No. 25 of 2016 s. 6.]
[Section 56. Modifications to be applied in order to give effect to Cross‑border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.]
57. Owner etc. of vehicle occasioning bodily harm etc. to help police identify driver etc.
Where the use of a motor vehicle has occasioned, or been an immediate or proximate cause of, the death of a person or bodily harm to a person, a responsible person for the vehicle and any person to whom the possession or control of the vehicle was entrusted shall, if required by a police officer, give any information which it is in his power to give which may lead to the identification of the person who was driving or who was in charge or control of the vehicle at the time when the use of the vehicle occasioned or was an immediate or proximate cause of the death or bodily harm.
A person who is required under subsection (1) by a police officer to give information must not in response to the request give false information.
Penalty: applicable to subsections (1) and (2), a fine of 60 PU or imprisonment for 12 months.
[Section 57 amended: No. 105 of 1981 s. 19; No. 11 of 1988 s. 24; No. 50 of 1997 s. 13; No. 39 of 2000 s. 31; No. 39 of 2007 s. 21; No. 8 of 2012 s. 37.]
[58, 58A. Deleted: No. 8 of 2012 s. 12.]
If a motor vehicle driven by a person (the driver) is involved in an incident occasioning the death of, or grievous bodily harm to, another person and the driver was, at the time of the incident, driving the motor vehicle —
while under the influence of alcohol to such an extent as to be incapable of having proper control of the vehicle; or
while under the influence of drugs to such an extent as to be incapable of having proper control of the vehicle; or
while under the influence of alcohol and drugs to such an extent as to be incapable of having proper control of the vehicle; or
in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or to any person,
the driver commits a crime and is liable to the penalty in subsection (3).
Summary conviction penalty in a case in which the incident does not occasion the death of another person: imprisonment for 3 years or a fine of 720 PU and in any event the court convicting the person shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 2 years.
For an offence against this section that was committed before the day on which the Manslaughter Legislation Amendment Act 2011 section 6(1) came into operation amending subsection (1), subsection (1) applies as if that amendment had not been made.
For the purposes of this section —
[(a) deleted]
it is immaterial that the death or grievous bodily harm might have been avoided by proper precaution on the part of a person other than the person charged or might have been prevented by proper care or treatment; and
when an incident occasions grievous bodily harm to a person and that person receives surgical or medical treatment, and death results either from the harm or the treatment, the incident is deemed to have occasioned the death of that person, although the immediate cause of death was the surgical or medical treatment if the treatment was reasonably proper in the circumstances and was applied in good faith.
A person convicted on indictment of an offence against this section is liable —
if the offence is against subsection (1)(a), (ba) or (bb), or the offence is against subsection (1)(b) and is committed in circumstances of aggravation, to a fine of any amount and to imprisonment for —
20 years, if the person has caused the death of another person; or
14 years, if the person has caused grievous bodily harm to another person;
or
in any other circumstances, to a fine of any amount and to imprisonment for —
10 years, if the person has caused the death of another person; or
7 years, if the person has caused grievous bodily harm to another person,
and, in any event, the court convicting that person shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 2 years.
A court sentencing a person for an offence against this section committed in the circumstance of aggravation referred to in section 49AB(1)(c) must —
sentence the person to a term of imprisonment of at least 12 months; and
not suspend the term of imprisonment.
Subsection (4A) applies whether the person was convicted on indictment or summarily and despite the Sentencing Act 1995 Part 5.
On the summary trial of a person charged with an offence against this section the person may, instead of being convicted of that offence, be convicted of an offence against section 59A, 59BA(1), 61 or 62.
[Section 59 amended: No. 89 of 1978 s. 12; No. 82 of 1982 s. 9; No. 11 of 1988 s. 24; No. 37 of 1991 s. 6(2); No. 1 of 1992 s. 6; No. 50 of 1997 s. 13; No. 4 of 2004 s. 58; No. 44 of 2004 s. 5; No. 39 of 2007 s. 22; No. 29 of 2008 s. 38; No. 58 of 2011 s. 6; No. 59 of 2012 s. 6; No. 2 of 2015 s. 4; No. 25 of 2016 s. 23.]
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