Traffic Act Flashcards
20 Impairment not necessary
It is not necessary to show that a person’s ability to drive a motor vehicle is impaired in order to establish an offence under this Division.
21 High range breath or blood alcohol content
(1) A person who drives a motor vehicle with a high range breath or blood alcohol content commits an offence.
Maximum penalty: For a first offence – 10 penalty units or imprisonment for 12 months.
For a second or subsequent offence –20 penalty units or imprisonment for 12 months.
(2) An offence against subsection (1) (a relevant offence) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:
(a) driving with:
(i) a high range breath or blood alcohol content; or
(ii) a medium range breath or blood alcohol content;
(b) driving under the influence of alcohol or a drug;
(c) failing to provide a sufficient sample of breath for a breath analysis;
(d) failing to give a sample of blood for analysis;
(e) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1)).
(3) If a court finds a person guilty of a relevant offence, the person’s licence to drive is automatically cancelled and the person is disqualified from:
(a) for a first offence – obtaining a licence for a period that is at least 12 months; and
(b) for a second or subsequent offence:
(i) obtaining a licence for a period (mandatory period) that is at least 18 months; and
(ii) if the mandatory period is less than 5 years – obtaining a licence other than an AIL licence for an additional period (AIL period) immediately after the mandatory period that is at least 12 months and not more than 3 years.
Notes
1 This means the person may be able to drive a motor vehicle fitted with an alcohol ignition lock during the AIL period after being disqualified for the mandatory period (see sections 29AAYB and 29AAYC).
2 If the mandatory period is 5 years or more, no AIL period applies to the person and the person cannot obtain an AIL licence.
(4) However, if a court finds a person guilty of a relevant offence and the person has previously been found guilty of any of the following offences, committed within 3 years before committing the relevant offence:
(a) driving with a high range breath or blood alcohol content;
(b) failing to provide a sufficient sample of breath for a breath analysis;
(c) failing to provide a sample of blood for analysis;
the person’s licence to drive is automatically cancelled and the person is disqualified from obtaining a licence for a minimum period of 5 years.
(5) Also, if a court finds a person guilty of a relevant offence and the person has previously been found guilty of any of the following offences, committed within 3 years before committing the relevant offence:
(a) driving with a medium range breath or blood alcohol content;
(b) driving under the influence of alcohol or a drug;
(c) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));
and the person has also been previously found guilty at any time of committing any of the following offences:
(d) driving with:
(i) a high range breath or blood alcohol content; or
(ii) a medium range breath or blood alcohol content;
(e) driving under the influence of alcohol or a drug;
(f) failing to provide a sufficient sample of breath for a breath analysis;
(g) failing to provide a sample of blood for analysis;
(h) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));
the person’s licence to drive is automatically cancelled and the person is disqualified from obtaining a licence for a minimum period of 5 years.
(6) A relevant offence is an immediate suspension offence.
22 Medium range breath or blood alcohol content
(1) A person who drives a motor vehicle with a medium range breath or blood alcohol content commits an offence.
Maximum penalty: For a first offence – 7.5 penalty units or imprisonment for 6 months.
For a second or subsequent offence –20 penalty units or imprisonment for 12 months.
(2) An offence against subsection (1) (a relevant offence) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:
(a) driving with:
(i) a high range breath or blood alcohol content; or
(ii) a medium range breath or blood alcohol content;
(b) driving under the influence of alcohol or a drug;
(c) failing to provide a sufficient sample of breath for a breath analysis;
(d) failing to give a sample of blood for analysis;
(e) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1)).
(3) If a court finds a person guilty of a relevant offence, the person’s licence to drive is automatically cancelled and the person is disqualified from:
(a) for a first offence – obtaining a licence for a period that is at least 6 months; and
(b) for a second or subsequent offence:
(i) obtaining a licence for a period (mandatory period) that is at least 12 months; and
(ii) if the mandatory period is less than 5 years – obtaining a licence other than an AIL licence for an additional period (AIL period) immediately after the mandatory period that is at least 12 months and not more than 3 years.
Notes
1 This means the person may be able to drive a motor vehicle fitted with an alcohol ignition lock during the AIL period after being disqualified for the mandatory period (see sections 29AAYB and 29AAYC).
2 If the mandatory period is 5 years or more, no AIL period applies to the person and the person cannot obtain an AIL licence.
(4) A relevant offence that is a second or subsequent offence is an immediate suspension offence.
23 Low range breath or blood alcohol content
(1) A person who drives a motor vehicle with a low range breath or blood alcohol content commits an offence.
Maximum penalty: For a first offence – 5 penalty units or imprisonment for 3 months.
For a second or subsequent offence –7.5 penalty units or imprisonment for 6 months.
(2) An offence against subsection (1) (a relevant offence) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:
(a) driving with:
(i) a high range breath or blood alcohol content; or
(ii) a medium range breath or blood alcohol content; or
(iii) a low range breath or blood alcohol content (only if the previous offence was committed after 1 July 2007 and only if the previous offence was committed within 3 years before committing the relevant offence);
(b) driving under the influence of alcohol or a drug;
(c) failing to provide a sufficient sample of breath for a breath analysis;
(d) failing to give a sample of blood for analysis.
(e) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1)).
(3) For subsection (2)(a)(iii), an offence for which an infringement notice was issued and not withdrawn is taken to be a previous finding of guilt for the offence.
(4) If a court finds a person guilty of a relevant offence that is a second or subsequent offence, the person’s licence to drive is automatically cancelled and the person is disqualified from obtaining a licence:
(a) for a second offence – for a minimum period of 3 months; or
(b) for a subsequent offence – for a minimum period of 6 months.
(5) A relevant offence that is a second or subsequent offence is an immediate suspension offence.
(6) The Regulations may prescribe persons to whom, or circumstances in which, this section does not apply.
24 Some drivers to be zero alcohol
(1) This section applies to the following persons:
(a) a person who has not reached the age of 18 years;
(b) the holder of a learner licence when driving a vehicle of the class to which the learner licence relates;
(c) the holder of a licence that is provisional under section 42 or section 10A of the Motor Vehicles Act;
(d) a person who is not licensed to drive a motor vehicle (other than through failure to renew a licence);
(e) a person who is not a resident of the Territory who does not have a right under section 32(1) to drive in the Territory.
(2) The person must not drive a motor vehicle if the person’s breath or blood contains alcohol.
Maximum penalty: For a first offence – 5 penalty units or imprisonment for 3 months.
For a second or subsequent offence –7.5 penalty units or imprisonment for 6 months.
(3) An offence against subsection (2) (a relevant offence) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:
(a) driving with:
(i) a high range breath or blood alcohol content; or
(ii) a medium range breath or blood alcohol content; or
(iii) a low range breath or blood alcohol content (only if the previous offence was committed after 1 July 2007 and only if the previous offence was committed within 3 years before committing the relevant offence);
(b) driving under the influence of alcohol or a drug;
(c) failing to provide a sufficient sample of breath for a breath analysis;
(d) failing to give a sample of blood for analysis;
(e) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in subsection (1));
(f) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 25(1) or (2) and only if the previous offence was committed within 3 years before committing the relevant offence).
(4) For subsection (3)(a)(iii), (e) and (f), an offence for which an infringement notice was issued and not withdrawn is taken to be a previous finding of guilt for the offence.
(5) If a court finds a person guilty of a relevant offence, the person’s licence to drive is automatically cancelled and the person is disqualified from:
(a) for a first offence – obtaining a licence for a period that is at least 3 months; and
(b) for a second or subsequent offence:
(i) obtaining a licence for a period (mandatory period) that is at least 6 months; and
(ii) if the mandatory period is less than 5 years – obtaining a licence other than an AIL licence for an additional period (AIL period) immediately after the mandatory period that is at least 6 months and not more than 3 years.
Notes
1 This means the person may be able to drive a motor vehicle fitted with an alcohol ignition lock during the AIL period after being disqualified for the mandatory period (see sections 29AAYB and 29AAYC).
2 If the mandatory period is 5 years or more, no AIL period applies to the person and the person cannot obtain an AIL licence.
(6) A relevant offence that is a second or subsequent offence is an immediate suspension offence.
25 Driver of certain vehicles to be zero alcohol
(1) Subject to the Regulations, this section applies to the following persons:
(a) the driver of a vehicle having a GVM of more than 15 t;
(b) the driver of a vehicle carrying dangerous goods within the meaning of any of the following:
(i) the Dangerous Goods Act;
(ii) Schedule 1 of the Work Health and Safety (National Uniform Legislation) Act;
(iii) the Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act;
(c) the driver of a commercial passenger vehicle within the meaning of the Commercial Passenger (Road) Transport Act;
(d) the driver of a vehicle capable of seating more than 12 persons (including the driver);
(e) the driver of a vehicle carrying more than 12 persons (including the driver);
(f) the driver of a vehicle that has a space designed primarily for the carriage of goods when a person is travelling in that space.
(2) This section also applies to a person who:
(a) is under the age of 25 years; and
(b) has not held, in the Territory or elsewhere, a licence to drive a motor vehicle for a continuous period of 3 years;
but does not apply if section 24 applies to the person.
(3) The person must not drive a motor vehicle if the person’s breath or blood contains alcohol.
Maximum penalty: For a first offence – 5 penalty units or imprisonment for 3 months.
For a second or subsequent offence –7.5 penalty units or imprisonment for 6 months.
(4) An offence against subsection (3) (a relevant offence) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:
(a) driving with:
(i) a high range breath or blood alcohol content; or
(ii) a medium range breath or blood alcohol content; or
(iii) a low range breath or blood alcohol content (only if the previous offence was committed after 1 July 2007 and only if the previous offence was committed within 3 years before committing the relevant offence);
(b) driving under the influence of alcohol or a drug;
(c) failing to provide a sufficient sample of breath for a breath analysis;
(d) failing to give a sample of blood for analysis;
(e) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));
(f) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in subsection (1) or (2) and only if the previous offence was committed within 3 years before committing the relevant offence).
(5) For subsection (4)(a)(iii) and (f), an offence for which an infringement notice was issued and not withdrawn is taken to be a previous finding of guilt for the offence.
(6) If a court finds a person who is not covered by subsection (2) guilty of a relevant offence that is a second or subsequent offence, the person’s licence to drive is automatically cancelled and the person is disqualified from obtaining a licence:
(a) for a second offence – for a minimum period of 3 months; or
(b) for a subsequent offence – for a minimum period of 6 months.
(6A) If a court finds a person covered by subsection (2) guilty of a relevant offence that is a second or subsequent offence, the person’s licence to drive is cancelled and the person is disqualified from:
(a) for a second offence:
(i) obtaining a licence for a period (mandatory period) that is at least 3 months; and
(ii) if the mandatory period is less than 5 years – obtaining a licence other than an AIL licence for an additional period (AIL period) immediately after the mandatory period that is at least 6 months and not more than 3 years; and
(b) for a subsequent offence:
(i) obtaining a licence for a period (mandatory period) that is at least 6 months; and
(ii) if the mandatory period is less than 5 years – obtaining a licence other than an AIL licence for an additional period (AIL period) immediately after the mandatory period that is at least 6 months and not more than 3 years.
Notes
1 This means the person may be able to drive a motor vehicle fitted with an alcohol ignition lock during the AIL period after being disqualified for the mandatory period (see sections 29AAYB and 29AAYC).
2 If the mandatory period is 5 years or more, no AIL period applies to the person and the person cannot obtain an AIL licence.
(7) A relevant offence that is a second or subsequent offence is an immediate suspension offence.
(8) The Regulations may prescribe persons to whom, or circumstances in which, this section does not apply.
29AAB When police can pull driver over at random
(1) A police officer may direct the driver of a motor vehicle to pull over, without reasonable suspicion the driver has committed an offence, for one or both of the following purposes:
(a) to require the driver to submit to a breath test to determine whether there is alcohol in the driver’s breath;
(b) to require the driver to submit to a saliva test to determine whether there is a prohibited drug in the driver’s body.
(2) The person must comply with the direction.
Maximum penalty: 200 penalty units or imprisonment for 12 months.
29AAC Breath test and breath analysis
(1) A police officer may, in the following circumstances, require a person to submit to a breath test or a breath analysis (or both) to determine if the person’s breath contains alcohol:
(a) the person is a driver directed to pull over under section 29AAB(1)(a);
(b) the officer has reasonable cause to suspect the person:
(i) has committed an offence against Division 2 or 4; or
(ii) was the driver of a motor vehicle that was involved in a crash on a road, road-related area or public place; or
(iii) was involved in a crash on a road, road-related area or public place and the person has, or had at the time of the crash, alcohol in the person’s breath or blood.
(2) The officer may only require the person to submit to a breath test or breath analysis if not more than 4 hours has expired since the driver was pulled over or the offence, or crash, mentioned in subsection (1) occurred.
(3) If a police officer requires a person to submit to a breath test, the person must comply with the directions given by the officer or another police officer.
(4) If a police officer requires a person to submit to a breath test and:
(a) the person fails to provide a sufficient sample of breath for the completion of the test; or
(b) the officer reasonably believes (whether as a result of the test or otherwise) that the person may have committed an offence under Division 2;
the officer or another police officer may arrest the person without warrant and detain the person for the purpose of carrying out a breath analysis.
(5) A police officer may require the arrested person to submit to a breath analysis.
(6) A police officer must not require a person to submit to a breath test or breath analysis under this section if it appears to the officer that the person:
(a) is injured, and the officer is satisfied it may be detrimental to the person’s medical condition for the person to submit to the breath test or breath analysis within the time mentioned in subsection (2); or
(b) has a physical disability that prevents the person from providing a sufficient sample of breath for the completion of a breath test or breath analysis.
29AAD Further breath analyses
(1) A person who has submitted to a breath analysis (whether or not the sample provided was sufficient) may be required by a police officer to submit to another breath analysis on the same occasion and the person must provide a sufficient sample of breath for that analysis.
(2) A person who has submitted to a breath analysis may, after receiving the result of the initial analysis, request that a further analysis be carried out on one other sample of the person’s breath, and the police officer who carried out the initial analysis (or another officer) must carry out an analysis on one further sample of the person’s breath provided the sample of breath is sufficient.
(3) A request under subsection (2) must be made without undue delay after the person receives the result of the initial analysis.
29AAN Notice of immediate licence suspension and disqualification from driving
(1) If a person is charged with an immediate suspension offence, a police officer may give the person a notice under this section.
(2) For subsection (1), a person is charged with the offence when given a copy of the charge, signed by a police officer.
(3) The notice must be in a form approved by the Commissioner and:
(a) has the effect that the person’s licence is suspended immediately the person is given the notice; and
(b) must inform the person that he or she is disqualified from driving until the charge is determined by a court; and
(c) must require the person to surrender to police any licence document the person holds; and
(d) must include a statement of the person’s right to appeal to the Local Court against the suspension and disqualification.
(4) A police officer who gives a person a notice under this section must provide details of the notice, and the person to whom it was given, to the Registrar without delay.
29AD Power of police officer to impound vehicle
(1) A police officer who reasonably believes a motor vehicle was used in committing a prescribed driving offence (the alleged offence) may determine in writing (the impounding determination) that the vehicle be impounded.
(2) Without limiting subsection (1), the police officer may form the belief on the basis of a statement made on oath by a complainant in relation to the commission of the alleged offence.
(3) The police officer may make the impounding determination only within 14 days of the alleged offence.
(4) The police officer must, as far as reasonably practicable after making the impounding determination, give a copy of it to the following:
(a) the person who was the driver of the motor vehicle at the time of the alleged offence;
(b) if the vehicle is registered and the driver is not the registered owner or registered operator of the vehicle – the registered owner and registered operator of the vehicle;
(c) if the police officer knows the identity of the owner of the vehicle (whether or not the vehicle is registered) – that owner;
(d) if the driver was found guilty of 1 or more prescribed driving offences within 2 years immediately before the date of the alleged offence – the Registrar.
(5) The impounding determination:
(a) must include information about the impounding determination and its effect (including, for example, the storage place and liability for the costs of impounding the vehicle); and
(b) may include other information relating to impounding the vehicle.
(6) The impounding determination has effect during the period (the initial period):
(a) starting when a police officer takes control of the motor vehicle for the determination; and
(b) ending 48 hours later or at an earlier time if the determination is revoked at the earlier time.
29AE Review and revocation of impounding determination
(1) As soon as practicable after the police officer has made the impounding determination, the police officer must give a copy of it to a senior police officer to review the determination.
(2) The senior police officer must review the impounding determination as soon as practicable and no later than 24 hours after the copy is given to him or her.
(3) At any time before an impounding determination ceases to have effect:
(a) the police officer or senior police officer must revoke the determination if the police officer or senior police officer is satisfied that, at the time of the alleged offence, the motor vehicle was a rental vehicle, or was stolen or otherwise used without the authority of its owner; or
(b) the senior police officer must revoke the determination if the senior police officer is not satisfied the vehicle was used in committing the alleged offence.
29AF Related powers of police officer
(1) A police officer may, for the purposes of the impounding determination:
(a) require a person who was the driver of the motor vehicle at the time of the alleged offence to give to the officer the names and addresses of the registered owner, registered operator or anyone who is otherwise the owner of the vehicle; and
(b) by the impounding determination or another written notice – require a person having the control of the vehicle to deliver the vehicle to the officer by a specified time at a specified place; and
(c) without a warrant, enter a place where the officer reasonably suspects the vehicle may be found; and
(d) without a warrant, search for, seize and remove the vehicle.
(2) A police officer’s power to seize the motor vehicle under subsection (1)(d) may be exercised only within 14 days after the day on which the impounding determination is made.
(3) A police officer may use any reasonable force and assistance in exercising a power under this section.
(4) A person required by a police officer to give information as mentioned in subsection (1)(a) must comply with the requirement.
Maximum penalty: 20 penalty units.
(5) A person required by a police officer to deliver the vehicle as mentioned in subsection (1)(b) must comply with the requirement.
Maximum penalty: 100 penalty units.
(6) It is a defence to a prosecution for an offence against subsection (4) or (5) if the defendant establishes a reasonable excuse.
47 Duties and powers of police, &c.
(1) A member of the Police Force shall do all things in that member’s power to ensure that this Act is duly observed.
(2) For the purposes of subsection (1), a member of the Police Force may drive, use, ride on or be carried or drawn by, any vehicle or animal the driver of which has been given a direction or order under this Act and that member shall not be liable for the payment of any fare ordinarily chargeable for such use, hire or carriage.
(3) Where a driver or person in charge of a vehicle is arrested or otherwise lawfully detained by a member of the Police Force and that driver or person is unwilling or unable, for whatever reason, to move or secure the vehicle, the member may:
(a) park and secure the vehicle at or near the place where the driver or person is arrested or detained; or
(b) arrange for it to be towed, moved or, where considered by the member to be safe to do so, driven to a police station or other place,
without liability for any damage or loss which may occur to the vehicle or to anything in it.
(4) Where a vehicle is not registered, a member of the Police Force may take charge of the vehicle and may arrange for it to be towed, moved or, where considered by the member to be safe to do so, driven, to a police station or other place without liability for any damage or loss which may occur to the vehicle or to anything in it.
(5) Where a vehicle is, under subsection (3) or (4), towed, moved or driven to a police station or other place, the vehicle may be kept at that station or place until the costs of towing or moving it and of detaining it are paid to the Territory.
(6) Where, at the expiration of 3 months after a vehicle has been taken charge of under subsection (3) or (4), the costs referred to in subsection (5) have not been paid, the Commissioner may, by public auction, dispose of the vehicle and the money, if any, obtained from the sale of the vehicle shall, after payment of the costs referred to in subsection (5), be paid into the Public Account, within the meaning of the Financial Management Act, in accordance with the requirements of that Act.
(7) A sale in accordance with subsection (6) shall be valid as against all persons.
