{"id":"a-1999-77","name":"Road Transport (General) Act 1999","slug":"road-transport-general-act-1999","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"77 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24246,"registerId":"act-a-1999-77-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"26","sectionType":"section","heading":"November 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 26 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n3 Objects of Act 2\n4 Dictionary 3\n5 Notes 3\n5A Offences against this Act—application of Criminal Code etc 4\nDivision 2.1 Road transport legislation\n6 What is the road transport legislation? 5\n8 Application of definitions in other road transport legislation 5\nDivision 2.2 Relationship between road transport legislation and\nother laws\n9 General relationship with other laws 6\n\nPage\ncontents 2 Road Transport (General) Act 1999\nDivision 2.3 Responsible persons for vehicles under road transport\n10 Who is a responsible person for a vehicle? 6\n11 Rights, liabilities and obligations of multiple responsible persons 7\nDivision 2.4 Alteration of scope of operation of road transport\n12 Power to include or exclude areas in road transport legislation 7\n13 Power to exclude vehicles, persons or animals from road transport\nlegislation 8\n14 Application orders and emergency orders 8\n16 Road transport authority 9\n17 Delegation of road transport authority’s functions 9\n18 Delegation of chief police officer’s functions 10\n19 Authorised people 10\n20 Identity cards 11\n21 Power not to be exercised before identity card shown 12\n21A Definitions—pt 3 13\n22 Purpose and effect of pt 3 16\n23 Regulations about infringement notice offences 17\n24 Infringement notices 18\n25 Infringement notices—contents 19\n26 Infringement notice—payment of penalty etc 19\n27 Reminder notice—service and contents 21\n28 Action on service of reminder notice—payment of penalty etc 22\n29 Extension of time to do things 23\n30 Extension of time—guidelines 24\n31 Time for beginning prosecution for infringement notice offence 25\n31A Application for infringement notice management plan or addition to\nplan 25\n\nPage\ncontents 3\n31B Application for infringement notice management plan or addition to\nplan—decision 26\n31C Approved community work or social development program—\nresponsible director-general’s agreement 28\n31D Approval of community work or social development program 29\n31E Effect of refusal of application for infringement notice management\nplan 29\n31F Application for waiver of penalty 30\n31G Application for waiver of penalty—decision 30\n31H Effect of refusal of application for waiver of penalty 32\n31I Guidelines for waiver of penalty 32\nDivision 3.3 Infringement notice offences involving registrable and\nrail vehicles\n32 Meaning of all reasonable steps—div 3.3 33\n33 Responsible person’s obligations 34\n34 Infringement notice—application for withdrawal 35\n35 Application for withdrawal—decision 35\n36 Infringement notice—withdrawal 36\n36A Infringement notice—effect of withdrawal on infringement notice\nmanagement plan 38\n37 Infringement notice—effect of refusal to withdraw 38\n38 Infringement notice—guidelines for withdrawal 39\n39 Infringement notice—effect of penalty payment etc 39\n40 Definitions—div 3.3A 41\n41 Meaning of all reasonable steps—div 3.3A 41\n42 Demerit points offences—suspension of registration etc 43\n43 Demerit points offence—effect of suspension 45\n43A Demerit points offence—review of suspension 46\n43B Offence—driving interstate corporate motor vehicle 46\n44 Suspension for nonpayment of infringement notice penalties 47\n\nPage\ncontents 4 Road Transport (General) Act 1999\n44A Suspension for non-compliance with infringement notice management\nplan 49\n44B Notice of suspension confirmation notice 51\n45 Effect of suspension 51\n46 Transfer of registration while suspended 52\n47 Revocation of suspension—penalty paid, discharged or waived 52\n47A Revocation of suspension—management plan being complied with 53\n48 Review of suspension 54\n51 Disputing liability for infringement notice offence 55\n53 Procedure if liability disputed 55\n53AA Presumption against responsible person 57\n53A Authorised people for infringement notice offences 58\n54 Delegation of administering authority’s functions 59\n55 Written statements by corporations 60\n56 Evidentiary certificates 60\n58 Police officer or authorised person may require name, date of birth,\naddress and driver licence—driver or rider 63\n58A Police officer or authorised person may require name, date of birth,\naddress and driver licence—supervisor, instructor or assessor 65\n58B Police officer or authorised person may direct removal of thing\ncovering person’s face 67\n59 Seizure of licences 68\n60 Police officer or authorised person may require people to disclose\nidentity of driver 70\n60A Meaning of first offender and repeat offender—s 60 72\n61 Production of driver licence to court 73\nDivision 4.2 Licence suspension, disqualification and related\nmatters\n61A Definitions—div 4.2 73\n61AA Meaning of first offender and repeat offender—div 4.2 77\n\nPage\ncontents 5\n","sortOrder":0},{"sectionNumber":"61B","sectionType":"section","heading":"Immediate suspension of licence 78","content":"61B Immediate suspension of licence 78\n61BA When a suspension notice ceases to have effect 80\n61BB Additional suspension notice—discontinued infringement notice\nproceedings 82\n61BC Road transport authority to return surrendered licence 83\n61C Drive while suspension notice in effect 83\n61D Failure to surrender suspended licence 83\n61E Surrendered licences 83\n61F Application for stay of suspension notice 84\n61G Deciding application 85\n62 Automatic disqualification for culpable driving 85\n63 Automatic disqualification for certain other driving offences 86\n64 Court may order disqualification for other offences 88\n65 Disqualification until court order 89\n66 Effect of disqualification 91\n66A Person disqualified in another jurisdiction not eligible for restricted\nlicence 92\n67 Disqualified repeat offender not eligible for restricted licence—\nautomatic disqualification provisions 93\n67A Eligibility of disqualified first offender for restricted licence—automatic\ndisqualification provisions 93\n67B Person disqualified until court order not eligible for restricted licence 94\n67C Disqualification while holder of restricted licence 95\n68 When licence disqualification takes effect 95\n69 Multiple disqualifications cumulative unless court orders otherwise 95\n70 Additional powers of court 96\n71 Effect on disqualification of quashing of conviction etc 96\nDivision 4.3 Evidentiary provisions in relation to road transport\n72 Certificate evidence and other evidentiary provisions 96\n72A Evidentiary certificate—use etc of road or road related area 99\n73 Acts and omissions of representatives 100\nDivision 4.4 Proceedings for offences under road transport\n74 Proceedings for offences 101\n\nPage\ncontents 6 Road Transport (General) Act 1999\n75 Short descriptions of offences 101\n76 Speed inhibitor conditions 102\n77 Compensation for loss of time etc 102\n78 Effect on certain cancellations of quashing of conviction etc 103\n79 Registrar to provide particulars of convictions, orders etc 103\nPart 5 Further provisions about vehicles, roads and\nroad related areas\n80 Power of entry for tracing stolen motor vehicles or trailers or their parts 104\n81 Use of tyre deflation devices 104\n81A Power to inspect interlocks in motor vehicle 105\n82 Motor vehicles or trailers not to be used without owner’s consent 106\n83 Procuring use or hire of motor vehicle or trailer by fraud etc 106\n83A Purposes of div 5.3 107\n83B Definitions for div 5.3 107\n83C When a vehicle is a total loss 108\n83D Written-off vehicles register 108\n83E Security and disclosure of information in register 109\n83F Regulations about written-off vehicles 109\n84A Meaning of revocation notice—pt 6 111\n84 Suspension of driver licence, registration etc for default of court\nimposed fine 111\n85 Notification and duration of suspension of driver licence, registration\netc 113\n86 Revocation of suspension of driver licence, registration etc 114\n87 Revocation of suspension on transfer of registration 114\n88 Renewal etc of driver licence or registration prohibited 114\n89 Suspension to be concurrent 115\n\nPage\ncontents 7\n90 Definitions—pt 7 116\n90A Meaning of reviewable decision etc—pt 7 116\n91 Internal review notices 117\n91A Applications for internal review 117\n92 Applications not stay internally reviewable decisions 118\n92A Internal reviewer 118\n93 Review by internal reviewer 118\n94 Reviewable decision notices 118\n95 Applications for review 119\nPart 8 Fees, charges and other amounts payable\nunder road transport legislation\n96 Determination of fees, charges and other amounts 120\nDivision 11.1 Documents\n225 Approved forms 121\n229 Regulations may apply certain documents 121\n230 Indemnity from personal liability for honest and good faith carrying out\nof duties 121\n231 Person not to hinder or obstruct 122\n232 False or misleading statements 123\n233 General regulation-making power 123\n234 Regulations may exclude vehicles, people and animals from Act 124\n235 References to Motor Traffic Act, Traffic Act etc 124\n236 Preliminary discovery for private car park fees 125\nPart 14 Transitional—NRMA—ACT Road Safety Trust\nRepeal Act 2015\n304 Meaning of commencement day—pt 14 126\n306 Exemption from liability 126\n307 Expiry—pt 14 126\n\nPage\ncontents 8 Road Transport (General) Act 1999\nDictionary 127\n1 About the endnotes 137\n2 Abbreviation key 137\n3 Legislation history 138\n4 Amendment history 149\n5 Earlier republications 186\n6 Expired transitional or validating provisions 191\n\nAn Act to provide for the administration and enforcement of road transport\nlegislation, to provide for the review of decisions made under road transport\nlegislation, to make further provision about the use of vehicles on roads and road\nrelated areas, and for other purposes\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Road Transport (General) Act 1999.\nNote 1 This Act is part of the road transport legislation. It provides for the\nadministration and enforcement of the road transport legislation\ngenerally.\nNote 2 Other road transport legislation includes the following:\n• Motor Accident Injuries Act 2019\n• Road Transport (Alcohol and Drugs) Act 1977\n• Road Transport (Driver Licensing) Act 1999\n• Road Transport (Public Passenger Services) Act 2001\n• Road Transport (Safety and Traffic Management) Act 1999\n• Road Transport (Vehicle Registration) Act 1999.\nNote 3 Other laws dealing with road transport include the Dangerous Goods\n(Road Transport) Act 2009 and the Heavy Vehicle National Law (ACT).\nNote 4 A reference to an Act includes a reference to the statutory instruments\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"3 Objects of Act\nThe objects of this Act are—\n(a) to provide for—\n(i) the administration and enforcement of the road transport\nlegislation; and\n(ii) the review of certain decisions made under the road\ntransport legislation; and\n(iii) the determining of fees, charges and other amounts payable\nunder the road transport legislation; and\n\nPreliminary Part 1\n(b) to make further provision about vehicles, roads and road related\nareas; and\n(c) to re-enact with some changes certain provisions of the Motor\nTraffic Act 1936; and\n(d) to improve road safety and transport efficiency, and reduce the\ncosts of administering road transport.\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Dictionary","content":"4 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary defines certain terms, and includes references (signpost\ndefinitions) to other terms defined elsewhere in this Act or elsewhere in\nthe road transport legislation.\nFor example, the signpost definition ‘driver licence—see the Road\nTransport (Driver Licensing) Act 1999, dictionary.’ means the term\n‘driver licence’ is defined in that dictionary and the definition applies to\nthis Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Notes","content":"5 Notes\nA note in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\n","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"Offences against this Act—application of Criminal Code","content":"5A Offences against this Act—application of Criminal Code\netc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to the following offences against this\nAct (see Code, pt 2.1):\n• s 43B (Offence—driving interstate corporate motor vehicle)\n• s 58 (Police officer or authorised person may require name, date of\nbirth, address and driver licence—driver or rider)\n• s 58A (Police officer or authorised person may require name, date\nof birth, address and driver licence—supervisor, instructor or\nassessor)\n• s 58B (Police officer or authorised person may direct removal of\nthing covering person’s face)\n• s 61C (Drive while suspension notice in effect)\n• s 61D (Failure to surrender suspended licence).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nRoad transport legislation Division 2.1\nPart 2 Administration of road transport\nDivision 2.1 Road transport legislation\n6 What is the road transport legislation?\nIn this Act, the road transport legislation means the following:\n(a) this Act;\n(b) the Motor Accident Injuries Act 2019;\n(c) the Road Transport (Alcohol and Drugs) Act 1977;\n(d) the Road Transport (Driver Licensing) Act 1999;\n(e) the Road Transport (Public Passenger Services) Act 2001;\n(f) the Road Transport (Safety and Traffic Management) Act 1999;\n(g) the Road Transport (Vehicle Registration) Act 1999;\n(h) any other Act or any regulation prescribed by regulation.\nNote A reference to an Act includes a reference to the statutory instruments\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Application of definitions in other road transport","content":"8 Application of definitions in other road transport\nIf a word or expression is defined in an Act (but not a regulation or\nanother publication) included in the road transport legislation, the\ndefinition applies to each use of the word or expression in other road\ntransport legislation unless the contrary intention appears.\n\nDivision 2.2 Relationship between road transport legislation and other laws\nDivision 2.2 Relationship between road transport\nlegislation and other laws\n9 General relationship with other laws\nThe road transport legislation does not—\n(a) affect any other Act or subordinate law, or take away powers\nvested in an entity under any other Act or subordinate law; or\n(b) affect any liability of anyone at common law, except to the\nextent that the road transport legislation provides otherwise\nexpressly or by necessary intention.\n","sortOrder":7},{"sectionNumber":"Div 2","sectionType":"division","heading":"3 Responsible persons for vehicles","content":"Division 2.3 Responsible persons for vehicles\nunder road transport legislation\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Who is a responsible person for a vehicle?","content":"10 Who is a responsible person for a vehicle?\nFor the road transport legislation, each of the following is a\nresponsible person for a vehicle:\n(a) for a registered vehicle—a registered operator of the vehicle,\nunless the vehicle has been disposed of by the operator;\n(b) for an unregistered vehicle to which a trader’s plate is\nattached—the person to whom the trader’s plate is issued under\nthe Road Transport (Vehicle Registration) Act 1999;\n(c) for an unregistered vehicle to which no trader’s plate is\nattached—a person who was last recorded as a registered\noperator of the vehicle;\n(d) for a light rail vehicle—the rail transport operator for the light\nrail vehicle;\n\nAlteration of scope of operation of road transport legislation Division 2.4\n(e) anyone else prescribed by regulation.\nNote A statutory instrument may make different provisions about different\nmatters and apply the provisions differently by reference to stated\nexceptions or factors (see Legislation Act, s 48).\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Rights, liabilities and obligations of multiple responsible","content":"11 Rights, liabilities and obligations of multiple responsible\npersons\n(1) This section applies if there is more than 1 responsible person for a\nvehicle at any time.\n(2) In a provision of the road transport legislation, or another Act or\nregulation concerned with the responsible person for a vehicle, a\nreference to the responsible person for a vehicle includes each\nresponsible person for the vehicle.\nDivision 2.4 Alteration of scope of operation of\nroad transport legislation\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Power to include or exclude areas in road transport","content":"12 Power to include or exclude areas in road transport\n(1) The Minister may declare that the road transport legislation, or a\nprovision of the road transport legislation—\n(a) applies to an area that is open to or used by the public; or\n(b) does not apply to a road or road related area.\n(2) The declaration has effect until it is revoked or, if a period is stated in\nthe declaration, for that period.\n(3) A declaration under subsection (1) is a disallowable instrument.\n\nDivision 2.4 Alteration of scope of operation of road transport legislation\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Power to exclude vehicles, persons or animals from road","content":"13 Power to exclude vehicles, persons or animals from road\ntransport legislation\n(1) The Minister may declare that the road transport legislation, or a\nprovision of the road transport legislation, does not apply to a vehicle,\nperson or animal in a place or circumstance stated in the declaration.\n(2) The declaration has effect until it is revoked or, if a period is stated in\nthe declaration, for that period.\n(3) A declaration under subsection (1) is a disallowable instrument.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Application orders and emergency orders","content":"14 Application orders and emergency orders\n(1) The Minister may order that the operation of regulations made under\nthe road transport legislation, or a provision of such regulations—\n(a) is suspended for a stated period; or\n(b) is varied in the way stated in the order.\n(2) An order may have effect for all or part of the ACT.\n(3) If the Ministerial Council terminates an emergency order, the\nMinister must declare that the order has been terminated with effect\nfrom the time when the council terminated the order.\n(4) A declaration under subsection (3) is a notifiable instrument.\n(5) An order under subsection (1) is a disallowable instrument.\n(6) In this section:\nMinisterial Council means a body (however described) that consists\nof the Minister of the Commonwealth, and the Minister of each State\nand Territory, who is responsible, or principally responsible, for\nmatters relating to transport.\n\nAdministration Division 2.5\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Road transport authority","content":"16 Road transport authority\n(1) There is to be an Australian Capital Territory Road Transport\nAuthority (the road transport authority).\n(2) The director-general is the road transport authority.\n(3) For this section, in relation to the exercise of a function under a\nprovision of the road transport legislation, the director-general is the\ndirector-general of the administrative unit responsible for the\nprovision.\nNote Function includes authority, duty and power (see Legislation Act, dict,\npt 1).\n(4) Anything done in the name of, or for, the road transport authority by\nthe director-general in exercising the functions of the authority is\ntaken to have been done for, and binds, the Territory.\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Delegation of road transport authority’s functions","content":"17 Delegation of road transport authority’s functions\n(1) The road transport authority may delegate the authority’s functions\nunder the road transport legislation to—\n(a) the chief police officer; or\n(b) a public employee; or\n(c) a person prescribed by regulation.\nNote For the making of delegations and the exercise of delegated functions,\n(2) A delegate may subdelegate to a suitable person a function delegated\nunder subsection (1) (a) or (b).\nsuitable person means—\n(a) a public employee; or\n\n(b) a person prescribed by regulation; or\n(c) if the person subdelegating a function is the chief police\nofficer—a police officer.\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Delegation of chief police officer’s functions","content":"18 Delegation of chief police officer’s functions\n(1) The chief police officer may delegate the chief police officer’s\nfunctions under the road transport legislation to—\n(a) a police officer; or\n(b) a public employee; or\n(c) a person prescribed by regulation.\nNote 1 For the making of delegations and the exercise of delegated functions,\nNote 2 For the chief police officer’s power to delegate functions delegated by\nthe road transport authority, see s 17 (2).\n(2) A public employee may subdelegate to another public employee a\nfunction delegated under subsection (1).\n","sortOrder":16},{"sectionNumber":"19","sectionType":"section","heading":"Authorised people","content":"19 Authorised people\n(1) The road transport authority may appoint a person to be an authorised\nperson for the road transport legislation.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\n(2) A regulation may prescribe a person to be an authorised person for\nthe road transport legislation or a provision of the road transport\n\nAdministration Division 2.5\n(3) A person must not be appointed under subsection (1) unless—\n(a) the person is an Australian citizen or a permanent resident of\nAustralia; and\n(b) the road transport authority is satisfied that the person is a\nsuitable person to be authorised, having regard in particular to—\n(i) whether the person has any criminal convictions; and\n(ii) the person’s employment record; and\n(c) the person has satisfactorily completed adequate training to\nexercise the powers of an authorised person proposed to be\ngiven to the person.\n(4) However, this section does not authorise the road transport authority\nto appoint a person to be an authorised person for part 3 (Infringement\nnotices for certain offences).\n","sortOrder":17},{"sectionNumber":"20","sectionType":"section","heading":"Identity cards","content":"20 Identity cards\n(1) The road transport authority must issue an authorised person with an\nidentity card that states the person is an authorised person for the road\ntransport legislation, or stated provisions of the road transport\nlegislation, and shows—\n(a) a recent photograph of the person; and\n(b) the name of the person or the particulars that are identifying\nparticulars for the person (or both); and\n(c) the date of issue of the card; and\n(d) a date of expiry for the card; and\n(e) the name and signature of the person who issued the card; and\n(f) anything else prescribed by regulation.\n\n(2) A person who ceases to be an authorised person must return his or her\nidentity card to the road transport authority as soon as practicable, but\nwithin 21 days, after ceasing to be an authorised person.\nMaximum penalty (subsection (2)): 1 penalty unit.\nidentifying particulars, for a person, means:\n(a) for a person authorised by the administering authority for an\ninfringement notice offence to serve infringement or reminder\nnotices—the unique number given to the person by the\nadministering authority under the Road Transport (Offences)\nRegulation 2005, section 11; and\n(b) for any other authorised person—the unique number given to the\nperson by the road transport authority; and\n(c) any other particulars prescribed by regulation.\n","sortOrder":18},{"sectionNumber":"21","sectionType":"section","heading":"Power not to be exercised before identity card shown","content":"21 Power not to be exercised before identity card shown\nAn authorised person may exercise a power under the road transport\nlegislation in relation to a person only if the authorised person first\nshows the person his or her identity card.\n\n","sortOrder":19},{"sectionNumber":"Part 3","sectionType":"part","heading":"Infringement notices for certain","content":"Part 3 Infringement notices for certain\noffences\n","sortOrder":20},{"sectionNumber":"21A","sectionType":"section","heading":"Definitions—pt 3","content":"21A Definitions—pt 3\n(1) In this part:\napproved community work or social development program means a\ncommunity work or social development program approved under\nsection 31D (Approval of community work or social development\nprogram).\nheavy vehicle infringement notice offence (or HVINO) means an\ninfringement notice offence against the Heavy Vehicle National\nLaw (ACT).\nillegal user declaration means a written statement made by a\nresponsible person for a registrable or rail vehicle in relation to an\ninfringement notice offence involving the vehicle that includes—\n(a) a statement that, at the time of the offence, another person was\nin possession or control of the vehicle without the consent of an\nowner of the vehicle; and\n(b) any information prescribed by regulation.\ninfringement notice—see section 24 (7).\ninfringement notice declaration means any of the following:\n(a) an illegal user declaration;\n(b) a known user declaration;\n(c) a sold vehicle declaration;\n\n(d) an unknown user declaration.\ninfringement notice management plan—see section 31A.\nknown user declaration means a written statement made by a person\nin relation to an infringement notice offence involving a registrable\nor rail vehicle that includes—\n(a) either—\n(i) if the person is the responsible person for the vehicle—\n(A) a statement that, at the time of the offence, the person\nwas not in possession or control of the vehicle; and\n(B) sufficient information to identify and locate the\nperson last known to be in possession or control of the\nvehicle; or\n(ii) if the person is not the responsible person for the vehicle—\na statement that, at the time of the offence, the person was\nin possession or control of the vehicle; and\n(b) any information prescribed by regulation.\nregistrable or rail vehicle means—\n(a) a registrable vehicle; or\n(b) a light rail vehicle.\nrelevant circumstances, of a person, means any of the following\ncircumstances that relate to the person and contribute to the person’s\nability to pay an infringement notice penalty:\n(a) mental illness or mental disorder;\n(b) disability, disease or illness;\n(c) addiction to drugs, alcohol or another substance;\n\n(d) family violence;\n(e) homelessness, or living in crisis, transitional or supported\naccommodation;\n(f) anything else prescribed by regulation.\nreminder notice—see section 27 (2).\nresponsible director-general means the director-general responsible\nfor the Crimes (Sentence Administration) Act 2005, part 6.2 (Good\nbehaviour—community service work).\nsold vehicle declaration means a written statement made by a person\nin relation to an infringement notice offence involving a registrable\nvehicle that includes—\n(a) a statement that the person had sold or otherwise disposed of the\nvehicle or any interest in the vehicle before the time of the\noffence and was not in possession or control of the vehicle at the\ntime of the offence; and\n(b) sufficient information to identify and locate the person to whom\nthe vehicle was sold or disposed of or in whom an interest\notherwise vested; and\n(c) any information prescribed by regulation.\nunknown user declaration means a written statement made by a\nperson in relation to an infringement notice offence involving a\nregistrable or rail vehicle that includes—\n(a) a statement that the person—\n(i) was not in possession or control of the vehicle at the time\nof the offence; and\n(ii) does not know the identity of the person who was in\npossession or control of the vehicle at that time, despite\ngenuine efforts to identify that person; and\n\n(b) a statement about the efforts made by the person to identify the\nperson in possession or control of the vehicle at the time of the\noffence; and\n(c) any information prescribed by regulation.\ndisability—see the Disability Services Act 1991, dictionary.\nmental disorder—see the Mental Health Act 2015, section 9.\nmental illness—see the Mental Health Act 2015, section 10.\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Purpose and effect of pt 3","content":"22 Purpose and effect of pt 3\n(1) The purpose of this part is to create a system of infringement notices\nfor certain offences against the road transport legislation and other\nlegislation as an alternative to prosecution.\n(2) This part does not—\n(a) require an infringement or reminder notice to be served on a\nperson; or\n(b) affect the liability of a person to be prosecuted for an offence\nif—\n(i) an infringement or reminder notice is not served on the\nperson for the offence; or\n(ii) the person does not comply with an infringement notice or\nreminder notice served on the person for the offence, or an\ninfringement notice management plan entered into in\nrelation to the offence; or\n(iii) an infringement notice served on the person for the offence\nis withdrawn; or\n(c) prevent the service of 2 or more infringement notices on a person\nfor an offence; or\n\n(d) limit or otherwise affect the penalty that may be imposed by a\ncourt on a person for an offence.\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Regulations about infringement notice offences","content":"23 Regulations about infringement notice offences\n(1) A regulation may prescribe an offence, other than an offence for\nwhich a penalty of imprisonment may be imposed, for the dictionary,\ndefinition of infringement notice offence by—\n(a) stating the offence; or\n(b) referring to the provision creating the offence; or\n(c) providing that all offences, or all offences except for stated\noffences, against an Act or subordinate law are infringement\nnotice offences.\n(2) Subsection (1) does not limit the ways that a regulation may prescribe\nan offence for that definition.\n(3) A regulation may, for the dictionary, definition of infringement\nnotice penalty, prescribe—\n(a) an amount as the penalty payable by anyone for an offence if it\nis dealt with under this part; or\n(b) different amounts as the penalties payable for different offences\nif they are dealt with under this part; or\n(c) different amounts as the penalties payable for the same kind of\noffence committed by different people or in different\ncircumstances if the offence is dealt with under this part.\n(4) However, an infringement notice penalty prescribed for a person for\nan offence must not exceed the maximum fine that could be imposed\nby a court on the person for the offence.\n(5) Subsection (3) does not limit the ways that a regulation may prescribe\nan amount for that definition.\n\n(6) If a regulation prescribes an offence that has a different penalty for a\nfirst offender or a repeat offender in relation to the offence the\nregulation may only prescribe the offence in relation to a first\noffender.\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Infringement notices","content":"24 Infringement notices\n(1) Subsection (2) applies if an authorised person reasonably believes\nthat a person has committed an infringement notice offence (other\nthan a heavy vehicle infringement notice offence).\n(2) A notice for the offence may be served on the person.\nNote An authorised officer under the Heavy Vehicle National Law (ACT) may\nserve a person with a notice if the officer reasonably believes the person\nhas committed a heavy vehicle infringement notice offence (see Heavy\nVehicle National Law (ACT), s 591 (1)).\n(3) If an authorised person reasonably believes that a person has\ncommitted an offence and section 23 (6) applies to the offence—\n(a) the administering authority need not consider whether the\nperson would, if convicted, be a first offender or a repeat\noffender in relation to the offence; and\n(b) for the purposes of the infringement notice, the person is\npresumed to be a first offender.\n(4) An infringement notice must be served in the way prescribed by\nNote The Heavy Vehicle National Law (ACT), s 591 (2) provides that the\nprocedures to be followed in connection with a heavy vehicle\ninfringement notice are to be the procedures prescribed under the\nInfringement Notice Offences Law for the territory (see also s 5, def\nInfringement Notice Offences Law and Heavy Vehicle National Law\n(ACT) Act 2013, s 13).\n\n(5) An infringement notice must not be served—\n(a) if a regulation prescribes a period within which an infringement\nnotice must be served—after the end of the prescribed period; or\n(b) in any other case—later than 1 year after the day the\ninfringement notice offence to which the notice relates was\ncommitted.\n(6) For subsection (5) (b), if the infringement notice offence is an\nongoing offence, the day the infringement notice offence was\ncommitted is the last day of the ongoing offence.\nNote See s 31 for the time within which a prosecution for an infringement\nnotice must be begun.\n(7) In this section:\ninfringement notice means—\n(a) a notice mentioned in subsection (2); and\n(b) a notice mentioned in the Heavy Vehicle National Law (ACT),\nsection 591 (1) (Infringement Notices).\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"Infringement notices—contents","content":"25 Infringement notices—contents\nAn infringement notice must include the information prescribed by\n26 Infringement notice—payment of penalty etc\nserved on a person; and\n(b) the infringement notice has not been withdrawn.\nNote See s 36 for withdrawal of infringement notices.\n\n(2) The person must do 1 of the following within 28 days after the date\nthe infringement notice is served:\n(a) pay the infringement notice penalty stated in the notice;\n(b) apply to the administering authority to—\n(i) enter into an infringement notice management plan; or\n(ii) if the person has an infringement notice management\nplan—add the infringement notice penalty for the offence\nto the plan; or\n(iii) waive the infringement notice penalty;\nNote See s 31A for applications to enter into infringement notice\nmanagement plans and applications to add infringement notice\npenalties to plans.\nSee s 31F for applications for waiver of infringement notice\npenalties.\n(c) apply for withdrawal of the infringement notice;\nNote See s 34 for applications for withdrawal of infringement notices.\n(d) if the person asserts he or she was not the person who committed\nthe offence—give the administering authority an infringement\nnotice declaration;\n(e) if the person disputes liability for the offence—give the\nadministering authority written notice disputing liability.\nNote 2 See s 51 for disputing liability for an infringement notice offence.\nNote 3 If a person disputes liability for an infringement notice offence (other\nthan a heavy vehicle infringement notice offence), the administering\nauthority may lay an information in the Magistrates Court against the\nperson for the offence (see s 53). For proceedings for heavy vehicle\ninfringement notice offences, see the Heavy Vehicle National Law (ACT),\ns 707.\n\nNote 4 A person served with an infringement notice may apply for an extension\nof time to do something mentioned in s (2) (see s 29).\nNote 5 If a person served with an infringement notice does nothing under s (2)\nwithin 28 days or any extension of time allowed under s 29, a reminder\nnotice will be served on the person (see s 27).\nNote 6 A corporation served with an infringement notice for an infringement\nnotice offence involving a registrable vehicle has obligations under\ndiv 3.3A.\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Reminder notice—service and contents","content":"27 Reminder notice—service and contents\nserved on a person; and\n(b) the infringement notice has not been withdrawn; and\n(c) the person—\n(i) has not done anything mentioned in section 26 (2) in\nrelation to the infringement notice, has not been granted an\nextension of time to do something mentioned in section\n26 (2), and at least 28 days have passed since the date the\ninfringement notice was served; or\n(ii) if the person has been granted an extension of time to do\nsomething mentioned in section 26 (2)—has not done\nanything mentioned in that subsection within the extended\ntime.\nNote For when a notice sent by post is taken to be given, see the Road\n\n(2) The administering authority must arrange for service of a notice\n(a reminder notice) on the person.\nNote If a reminder notice has been served on a person for an infringement\nnotice offence, the total amount payable by the person for the\ninfringement notice penalty for the offence is the prescribed amount of\nthe penalty payable for the offence plus the prescribed amount payable\nfor the cost of serving the reminder notice (see dict, def infringement\nnotice penalty).\n(3) The reminder notice must include the information prescribed by\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Action on service of reminder notice—payment of penalty","content":"28 Action on service of reminder notice—payment of penalty\netc\n(a) a reminder notice is served on a person; and\n(b) the infringement notice to which the reminder notice relates has\nnot been withdrawn.\nNote See s 36 for withdrawal of infringement notices.\n(2) The person must do 1 of the following within 28 days after the date\nthe reminder notice is served:\n(a) pay the infringement notice penalty stated in the reminder\nnotice;\n(b) apply to the administering authority to—\n(i) enter into an infringement notice management plan; or\n(ii) if the person has an infringement notice management\nplan—add the infringement notice penalty for the offence\nto the plan; or\n\n(iii) waive the infringement notice penalty;\nNote See s 31A for applications to enter into infringement notice\nmanagement plans and applications to add infringement notice\npenalties to plans.\nSee s 31F for applications for waiver of infringement notice\npenalties.\n(c) apply for withdrawal of the infringement notice;\nNote See s 34 for applications for withdrawal of infringement notices.\n(d) if the person asserts he or she was not the person who committed\nthe infringement notice offence to which the infringement notice\nrelates—give the administering authority an infringement notice\ndeclaration;\n(e) if the person disputes liability for the infringement notice\noffence—give the administering authority written notice\ndisputing liability.\nNote 1 See s 51 for disputing liability for an infringement notice offence.\nNote 2 If a person disputes liability for an infringement notice offence (other\nthan a heavy vehicle infringement notice offence), the administering\nauthority may lay an information in the Magistrates Court against the\nperson for the offence (see s 53). For proceedings for heavy vehicle\ninfringement notice offences, see the Heavy Vehicle National Law (ACT),\ns 707.\nNote 3 A person served with an infringement notice may apply for an extension\nof time to do something mentioned in s (2) (see s 29).\nNote 4 A corporation served with a reminder notice for an infringement notice\noffence involving a registrable vehicle has obligations under div 3.3A.\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Extension of time to do things","content":"29 Extension of time to do things\n(1) A person may apply for an extension of the time for doing something\nmentioned in section 26 (2) (Infringement notice—payment of\npenalty etc) or section 28 (2) (Action on service of reminder notice—\npayment of penalty etc).\n\n(2) The administering authority for the infringement notice offence\nmust—\n(3) The administering authority must tell the person—\n(a) the date of the authority’s decision; and\n(b) if the authority allows the application—when the additional time\nbegins and ends; and\n(c) if the authority refuses the application—the reason for the\ndecision.\n(4) If the administering authority refuses an application, the person must\ndo the thing not later than the time prescribed by regulation.\n(5) A regulation may make provision in relation to the following:\n(a) the making of an application to extend the time to do something\nmentioned in section 26 (2) or section 28 (2);\n(b) any conditions in relation to an application;\n(c) any matters to be taken into account by the administering\nauthority when deciding an application;\n(d) any conditions applying to a grant of an extension of time;\n(e) the maximum amount by which the time for doing something\nmentioned in section 26 (2) or section 28 (2) may be extended.\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Extension of time—guidelines","content":"30 Extension of time—guidelines\n(1) The Minister may issue guidelines for deciding applications for\nextensions of time, including applications for extensions of time\nmade after the time for doing something in section 26 (2) or\nsection 28 (2) has ended.\n\ncomply with any guidelines for deciding an application for an\nextension of time.\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Time for beginning prosecution for infringement notice","content":"31 Time for beginning prosecution for infringement notice\noffence\nA prosecution for an infringement notice offence (other than a heavy\nvehicle infringement notice offence) must be begun not later than\n1 year after the earlier of—\n(a) the day the person served with the notice disputes liability for\nthe offence; and\n(b) the last day the person served with the notice may dispute\nliability for the offence.\nNote For proceedings for heavy vehicle infringement notice offences, see the\nHeavy Vehicle National Law (ACT), s 707.\n","sortOrder":30},{"sectionNumber":"Div 3","sectionType":"division","heading":"2A Infringement notice management","content":"Division 3.2A Infringement notice management\nplans\n","sortOrder":31},{"sectionNumber":"31A","sectionType":"section","heading":"Application for infringement notice management plan or","content":"31A Application for infringement notice management plan or\naddition to plan\n(1) This section applies if a person is served with an infringement notice\nor reminder notice for an infringement notice offence.\n(2) If the person is an individual, the individual may apply to the\nadministering authority—\n(a) to enter into an arrangement (an infringement notice\nmanagement plan) with the authority for discharge of the\npenalty for the offence by—\n(i) payment by instalment; or\n\n(ii) participating in an approved community work or social\ndevelopment program; or\n(b) if the individual has an infringement notice management plan—\nto add the infringement notice penalty for the offence to the\nindividual’s plan.\n(3) If the person is a corporation, the corporation may apply to the\nadministering authority—\n(a) to enter into an arrangement (also an infringement notice\nmanagement plan) with the authority for discharge of the\npenalty for the offence by payment by instalment; or\n(b) if the corporation has an infringement notice management\nplan—to add the infringement notice penalty for the offence to\nthe corporation’s plan.\n(4) The application must include—\n(a) information about the person’s financial circumstances; and\n(b) if the person is the holder of a card prescribed by regulation that\nis current—that information; and\n(c) if the application is to participate in an approved community\nwork or social development program—information about any\nrelevant circumstances of the person; and\n(d) anything else prescribed by regulation.\n","sortOrder":32},{"sectionNumber":"31B","sectionType":"section","heading":"Application for infringement notice management plan or","content":"31B Application for infringement notice management plan or\naddition to plan—decision\n(1) On application by a person under section 31A, the administering\n\n(2) The administering authority may, in writing, ask the applicant or a\nperson mentioned in the application for more information to assist the\nauthority to make a decision under this section.\n(3) If the person is applying for an infringement notice management plan\nthat allows payment by instalments, the administering authority—\n(a) must allow the application if the person is the holder of a card\nmentioned in section 31A (4) (b); and\n(b) in any other case—may allow the application if satisfied on\nreasonable grounds that it is justified because of the person’s\nfinancial circumstances.\n(4) If the person is applying for an infringement notice management plan\nthat allows participation in an approved community work or social\ndevelopment program, the administering authority must allow the\napplication if the responsible director-general agrees to the person\nparticipating in an approved community work or social development\nprogram under section 31C.\n(5) If the administering authority allows an application for an\ninfringement notice management plan that allows payment by\ninstalments, the authority may decide the amount of the instalments\nthat must be paid.\n(6) The administering authority must—\n(a) if the application is allowed, tell the person in writing—\n(i) about the arrangements for entering into the infringement\nnotice management plan or that the penalty has been added\nto the person’s infringement notice management plan; and\n(ii) if the person is paying instalments under the plan—that the\nauthority may decide the amount of the instalments that\nmust be paid; or\n(b) if the application is refused—tell the person in writing about the\nrefusal and the reasons for the refusal.\n\n(7) A regulation may make provision in relation to the following:\n(a) any conditions applying to allowing an application under\nsection 31A;\n(b) conditions applying to infringement notice management plans,\nincluding the minimum amount that may be paid as an\ninstalment under a plan;\n(c) the payment of amounts under an infringement notice\nmanagement plan, including the consequences of a payment not\nbeing honoured;\n(d) variation or suspension of a person’s infringement notice\nmanagement plan at the person’s request;\n(e) the arrangements for participating in an approved community\nwork or social development program, including when\nparticipation in an approved community work or social\ndevelopment program is taken to be finished and evidence of\nparticipation.\n","sortOrder":33},{"sectionNumber":"31C","sectionType":"section","heading":"Approved community work or social development","content":"31C Approved community work or social development\nprogram—responsible director-general’s agreement\n(1) On receiving an application for an infringement notice management\nplan that allows a person to participate in an approved community\nwork or social development program, the administering authority\nmust ask the responsible director-general if the director-general\nagrees to the applicant participating in an approved community work\nor social development program.\n(2) The responsible director-general must—\n(a) agree to the applicant participating in an approved community\nwork or social development program; or\n(b) refuse to agree.\n\n(3) The responsible director-general may, in writing, ask the applicant or\na person mentioned in the application for more information to assist\nthe director-general to make a decision under this section.\n(4) The responsible director-general may agree to the applicant’s\nparticipation in an approved community work or social development\nprogram if satisfied on reasonable grounds that—\n(a) it is justified because of either or both of the following:\n(i) the financial circumstances of the applicant;\n(ii) any relevant circumstances of the applicant; and\n(b) the applicant is suitable to participate in the program.\n(5) The responsible director-general may make guidelines about the\nexercise of the director-general’s functions under subsection (4).\n(6) A guideline is a notifiable instrument.\n","sortOrder":34},{"sectionNumber":"31D","sectionType":"section","heading":"Approval of community work or social development","content":"31D Approval of community work or social development\nprogram\n(1) The responsible director-general may approve a community work or\nsocial development program for this division.\n(2) An approval is a notifiable instrument.\n","sortOrder":35},{"sectionNumber":"31E","sectionType":"section","heading":"Effect of refusal of application for infringement notice","content":"31E Effect of refusal of application for infringement notice\n(1) If the administering authority refuses an application under\nsection 31B (Application for infringement notice management plan\nor addition to plan—decision), the applicant must—\nsomething mentioned in section 26 (2) (a), (b) (iii), (c), (d) or\n(e); or\n\nsomething mentioned in section 28 (2) (a), (b) (iii), (c), (d) or\n(e).\n(2) The applicant must do something under this section not later than the\nlater of—\nNote For the recording of demerit points against the person, see the Road\nTransport (Driver Licensing) Act 1999, s 13A.\nDivision 3.2B Waiver of infringement notice\npenalties\n","sortOrder":36},{"sectionNumber":"31F","sectionType":"section","heading":"Application for waiver of penalty","content":"31F Application for waiver of penalty\n(1) A person served with an infringement notice or reminder notice for\nan infringement notice offence may apply to the administering\nauthority for waiver of the infringement notice penalty for the\ninfringement notice offence.\n(2) The application must set out—\n(a) the person’s financial circumstances; and\n(b) the person’s relevant circumstances; and\n(c) anything else prescribed by regulation.\n","sortOrder":37},{"sectionNumber":"31G","sectionType":"section","heading":"Application for waiver of penalty—decision","content":"31G Application for waiver of penalty—decision\n(1) On application by a person under section 31F, the administering\n\nWaiver of infringement notice penalties Division 3.2B\n(2) The administering authority may, in writing, ask the applicant or a\nperson mentioned in the application for more information to assist the\nauthority to make a decision under this section.\n(3) The administering authority must allow an application if satisfied on\nreasonable grounds that—\n(a) the applicant does not have, and is unlikely to have, the financial\nability to pay the infringement notice penalty; and\n(b) relevant circumstances exist in relation to the applicant; and\n(c) enforcement action has not resulted in, or is unlikely to result in,\nthe payment of the infringement notice penalty; and\n(d) the applicant is not a suitable person to discharge the penalty by\ncompleting an approved community work or social development\nprogram; and\n(e) allowing the application is consistent with any guidelines made\nunder section 31I.\n(4) For subsection (3) (d), the administering authority may consult with\nthe director-general responsible for the Crimes (Sentence\nAdministration) Act 2005, part 6.2 (Good behaviour—community\nservice work).\n(5) The administering authority must—\n(a) if the application is allowed—tell the person in writing about the\nwaiver of the infringement notice penalty; and\n(b) if the application is refused—tell the person in writing about the\nrefusal and the reasons for the refusal.\n\n","sortOrder":38},{"sectionNumber":"31H","sectionType":"section","heading":"Effect of refusal of application for waiver of penalty","content":"31H Effect of refusal of application for waiver of penalty\n(1) If the administering authority refuses an application under\nsection 31G (Application for waiver of penalty—decision), the\napplicant must—\nsomething mentioned in section 26 (2) (a), (b) (i) or (ii), (c), (d)\nor (e); or\nsomething mentioned in section 28 (2) (a), (b) (i) or (ii), (c), (d)\nor (e).\n(2) The applicant must do something under this section not later than the\nlater of—\nNote For the recording of demerit points against the person, see the Road\nTransport (Driver Licensing) Act 1999, s 13A.\n","sortOrder":39},{"sectionNumber":"31I","sectionType":"section","heading":"Guidelines for waiver of penalty","content":"31I Guidelines for waiver of penalty\n(1) The Minister may make guidelines for the waiver of infringement\nnotice penalties.\ncomply with the guidelines.\n\nInfringement notice offences involving registrable and rail vehicles Division 3.3\nDivision 3.3 Infringement notice offences\ninvolving registrable and rail vehicles\n","sortOrder":40},{"sectionNumber":"32","sectionType":"section","heading":"Meaning of all reasonable steps—div 3.3","content":"32 Meaning of all reasonable steps—div 3.3\n(1) In this division:\nall reasonable steps—a responsible person for a registrable or rail\nvehicle takes all reasonable steps to assist the administering authority\nto identify and locate the individual who was in possession or control\nof the vehicle at the time of an infringement notice offence involving\nthe vehicle—\n(a) if—\n(i) the person gives the administering authority an\ninfringement notice declaration for the offence within the\ntime required under division 3.2 (Infringement and\nreminder notices) (including any additional time allowed\nunder that division); and\n(ii) the administering authority accepts the infringement notice\ndeclaration for this division; and\n(b) if the administering authority requires an approved form to be\ncompleted in relation to the offence—if the person completes\nthe form properly; and\n(c) if the person responds to any correspondence from the\nadministering authority within 14 days after the correspondence\nis served on the person.\nNote 2 The Legislation Act, s 250 (1) does not apply to a notice given\nunder the road transport legislation (see Road Transport (General)\nRegulation 2000, s 9B (4)).\nNote 3 Infringement notice declaration—see s 21A.\n\nDivision 3.3 Infringement notice offences involving registrable and rail vehicles\n(2) For subsection (1), definition of all reasonable steps, paragraph (b),\nan approved form is properly completed by a responsible person only\nif—\n(a) if the approved form requires particular information to be\nincluded in the form—the responsible person complies with the\nrequirement; and\n(b) the information the responsible person includes in the form is\naccurate; and\n(c) the responsible person completes the form in a way that can be\nunderstood by a reasonable person.\nNote Under the Legislation Act, s 255 (5), if a form requires any of the\nfollowing, substantial compliance with the form is not sufficient and the\nform is properly completed only if the requirement is complied with:\n(a) the form to be signed;\n(b) the form to be prepared in a particular way (for example, on paper\nof a particular size or quality or in a particular electronic form);\n(c) the form to be completed in a particular way;\n(d) particular information to be included in the form, or a particular\ndocument to be attached to or given with the form;\n(e) the form, information in the form, or a document attached to or\ngiven with the form, to be verified in a particular way (for example,\nby statutory declaration).\n","sortOrder":41},{"sectionNumber":"33","sectionType":"section","heading":"Responsible person’s obligations","content":"33 Responsible person’s obligations\nserved on a responsible person for a registrable or rail vehicle;\nand\n(b) the responsible person is an individual; and\n(c) the responsible person was not in possession or control of the\nvehicle at the time of the offence.\n\nWithdrawal of infringement notices Division 3.3AA\n(2) The responsible person for the registrable or rail vehicle must take all\nreasonable steps to give the administering authority sufficient\ninformation to identify and locate the individual who was in\npossession or control of the vehicle at the time of the offence.\nNote The responsible person for a registrable or rail vehicle involved in an\ninfringement notice offence is taken to be the individual in possession or\ncontrol of the vehicle at the time of the offence unless the responsible\nperson proves, on the balance of probabilities, that the person was not in\npossession or control of the vehicle at the time of the offence\n(see s 53AA).\n","sortOrder":42},{"sectionNumber":"34","sectionType":"section","heading":"Infringement notice—application for withdrawal","content":"34 Infringement notice—application for withdrawal\n(1) A person served with an infringement notice or reminder notice for\nan infringement notice offence may apply to the administering\nauthority for the withdrawal of the infringement notice.\n(2) An application must—\n(a) be in writing; and\n(b) state the grounds relied on for the infringement notice to be\nwithdrawn.\n(3) For this section, an infringement notice declaration made and given\nby the person to the administering authority in relation to the offence\nis taken to be an application by the person under subsection (1).\n","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Application for withdrawal—decision","content":"35 Application for withdrawal—decision\n(1) On application by a person under section 34, the administering\n(a) withdraw the infringement notice; or\n(b) refuse to withdraw the infringement notice; or\n\n(c) in writing, ask the applicant or a person mentioned in the\napplication for further information to assist the authority to\nmake a decision under this section.\n(2) If the administering authority asks for further information, the\ninformation must be given in the form of a written statement.\n(3) If the application is in the form of an infringement notice declaration,\nthe administering authority may refuse to withdraw the infringement\nnotice if it is satisfied on reasonable grounds that the applicant has\nnot taken all reasonable steps to assist the authority to identify and\nlocate the individual who was in possession or control of the vehicle\nat the time of the offence.\nNote The guidelines may include other grounds for refusing to withdraw an\ninfringement notice declaration.\n(4) The administering authority must give the applicant written notice of\nits decision under this section and, if the decision is to refuse to\nwithdraw the infringement notice, reasons for the refusal.\n","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Infringement notice—withdrawal","content":"36 Infringement notice—withdrawal\n(1) If an infringement notice is served on a person for an infringement\nnotice offence, the administering authority may withdraw the\ninfringement notice, whether or not—\n(a) the person has applied, or is taken to have applied, for\nwithdrawal of the infringement notice under section 34; or\n(b) the infringement notice penalty (or part of it) has been paid for\nthe offence; or\n(c) the person has disputed liability for the infringement notice\n\nWithdrawal of infringement notices Division 3.3AA\n(2) If the administering authority decides to withdraw an infringement\nnotice, the authority must do so by written notice (a withdrawal\nnotice) served on the person.\n(3) The withdrawal notice must—\n(a) include the infringement notice number and the date the\ninfringement notice was served; and\n(b) tell the person that the infringement notice is withdrawn and, in\ngeneral terms, about subsection (4).\n(4) The effect of the service of a withdrawal notice is as follows:\n(a) this part, other than this section, ceases to apply to the\ninfringement notice;\n(b) if the infringement notice penalty (or part of it) has been paid—\nthe administering authority must repay the amount paid, unless\nthe person has an infringement notice management plan for the\npenalty.\n(5) However, nothing in this section prevents the administering\nauthority—\n(a) serving an infringement notice, or commencing a proceeding,\nfor the offence against another person; or\n(b) if the administering authority is satisfied that a withdrawal\nnotice was served on a person in error, or as a result of\nmisrepresentation or a false declaration—serving an\ninfringement notice, or commencing a proceeding, for the\noffence against the person.\n\n","sortOrder":45},{"sectionNumber":"36A","sectionType":"section","heading":"Infringement notice—effect of withdrawal on infringement","content":"36A Infringement notice—effect of withdrawal on infringement\nnotice management plan\n(a) a person has an infringement notice management plan for an\ninfringement notice penalty for an infringement notice offence;\nand\n(b) the administering authority withdraws the infringement notice\nfor the infringement notice offence.\n(2) The administering authority must—\n(a) if the total amount owing under the plan is less than the amount\nof the penalty—cancel the plan and refund the difference\nbetween the amount owing and the penalty; or\n(b) if the total amount owing under the plan is the same as the\namount of the penalty—cancel the plan; or\n(c) if the total amount owing under the plan is more than the amount\nof the penalty—remove the penalty from the plan and reduce the\namount owing by the amount of the penalty.\n","sortOrder":46},{"sectionNumber":"37","sectionType":"section","heading":"Infringement notice—effect of refusal to withdraw","content":"37 Infringement notice—effect of refusal to withdraw\n(1) If the administering authority for an infringement notice offence\nrefuses to withdraw an infringement notice for the offence, the\napplicant for the withdrawal must—\nsomething mentioned in section 26 (2) (a), (b), (d) or (e); or\nsomething mentioned in section 28 (2) (a), (b), (d) or (e).\nNote For the recording of demerit points for the offence against the person, see\nthe Road Transport (Driver Licensing) Act 1999, s 13A.\n\nEffect of penalty payment etc Division 3.3AB\n(2) The applicant must do something under subsection (1) not later than\nthe later of—\n","sortOrder":47},{"sectionNumber":"38","sectionType":"section","heading":"Infringement notice—guidelines for withdrawal","content":"38 Infringement notice—guidelines for withdrawal\n(1) The Minister may issue guidelines for the withdrawal of infringement\nnotices.\ncomply with the guidelines.\n","sortOrder":48},{"sectionNumber":"39","sectionType":"section","heading":"Infringement notice—effect of penalty payment etc","content":"39 Infringement notice—effect of penalty payment etc\n(1) This section applies—\n(a) if—\n(i) a person has been served with an infringement notice for\nan offence; and\n(A) the person pays the infringement notice penalty for\nthe offence in accordance with this part;\n(B) the person enters into an infringement notice\nfor the offence or the penalty is added to the person’s\nnotice penalty for the offence; and\n\n(iii) when the thing happened—\n(A) the infringement notice had not been withdrawn; and\n(B) a proceeding had not been brought against the person\nfor the offence; or\n(b) if—\n(i) more than 1 infringement notice for the same infringement\nnotice offence has been served on a person and none of the\ninfringement notices have been withdrawn; and\n(A) the person pays the infringement notice penalty for\nthe offence, in accordance with this part, in relation to\n1 notice;\n(B) the person enters into an infringement notice\nfor the offence, or the penalty is added to the person’s\ninfringement notice management plan, in relation to\n1 notice;\nnotice penalty for the offence in relation to 1 notice;\nor\n(c) if—\n(i) an infringement notice for an infringement notice offence\ninvolving a registrable or rail vehicle has been served; and\n(A) a responsible person for the vehicle at the time of the\noffence pays the infringement notice penalty for the\noffence in accordance with this part;\n(B) a responsible person for the vehicle at the time of the\noffence enters into an infringement notice\n\nfor the offence, or the penalty is added to the person’s\nnotice penalty for the offence; and\n(iii) when the thing happened—\n(A) the infringement notice had not been withdrawn; and\n(B) a proceeding had not been brought against a\nresponsible person for the vehicle for the offence.\n(2) The person—\n(a) is no longer liable for the offence; and\n(b) must not be prosecuted for the offence; and\n(c) is not taken to have been convicted of the offence.\n(3) This section is subject to section 36 (Infringement notice—\nwithdrawal).\nDivision 3.3A Demerit points offences—\ncorporation’s liability\n","sortOrder":49},{"sectionNumber":"40","sectionType":"section","heading":"Definitions—div 3.3A","content":"40 Definitions—div 3.3A\ncorporation’s motor vehicle means a motor vehicle for which the\ncorporation is the registered operator.\n","sortOrder":50},{"sectionNumber":"41","sectionType":"section","heading":"Meaning of all reasonable steps—div 3.3A","content":"41 Meaning of all reasonable steps—div 3.3A\n(1) In this division:\nall reasonable steps—a corporation that is the registered operator of\na motor vehicle takes all reasonable steps to assist the administering\nauthority to identify and locate the individual who was in possession\n\nor control of the motor vehicle at the time of a demerit points offence\ninvolving the motor vehicle—\n(a) if the corporation gives the administering authority an\ninfringement notice declaration for the offence within the time\nrequired under division 3.2 (Infringement and reminder notices)\n(including any additional time allowed under that division); and\n(b) if the administering authority requires an approved form to be\ncompleted in relation to the offence—if the corporation\ncompletes the form properly; and\n(c) if the person responds to any correspondence from the\nadministering authority within 14 days after the correspondence\nis served on the person.\nNote 2 Infringement notice declaration—see s 21A.\n(2) For subsection (1), definition of all reasonable steps, paragraph (b),\nan approved form is properly completed by a corporation only if—\n(a) if the approved form requires particular information to be\nincluded in the form—the corporation complies with the\nrequirement; and\n(b) the information the corporation includes in the form is accurate;\nand\n(c) the corporation completes the form in a way that can be\nunderstood by a reasonable person.\nNote Under the Legislation Act, s 255 (5), if a form requires any of the\nfollowing, substantial compliance with the form is not sufficient and the\nform is properly completed only if the requirement is complied with:\n(a) the form to be signed;\n(b) the form to be prepared in a particular way (for example, on paper\nof a particular size or quality or in a particular electronic form);\n(c) the form to be completed in a particular way;\n\n(d) particular information to be included in the form, or a particular\ndocument to be attached to or given with the form;\n(e) the form, information in the form, or a document attached to or\ngiven with the form, to be verified in a particular way (for example,\nby statutory declaration).\n","sortOrder":51},{"sectionNumber":"42","sectionType":"section","heading":"Demerit points offences—suspension of registration etc","content":"42 Demerit points offences—suspension of registration etc\n(a) a corporation is the registered operator of a motor vehicle; and\n(b) an infringement notice has been served on the corporation by an\nauthorised person for a demerit points offence involving the\nmotor vehicle; and\n(c) the infringement notice has not been withdrawn; and\n(d) the corporation has failed to take all reasonable steps to assist\nthe administering authority to identify and locate the individual\nwho was in possession or control of the motor vehicle at the time\nof the demerit points offence; and\n(e) in relation to at least 1 previous demerit points offence involving\na corporation’s motor vehicle, the corporation failed to take all\nreasonable steps to assist the administering authority to identify\nand locate the individual who was in possession or control of the\nmotor vehicle at the time of that demerit points offence.\n(a) send the corporation a written notice (a suspension warning\nnotice) containing the following information:\n(i) the particulars of the demerit points offence, including the\ninfringement notice penalty for the offence and the\nadditional penalty stated in the reminder notice (if any),\nand the infringement notice and reminder notice (if any)\nfor the offence, to which the suspension warning notice\nrelates;\n\n(ii) a statement to the effect that if the corporation continues to\nfail to take all reasonable steps to assist the administering\nauthority to identify and locate the individual who was in\npossession or control of the corporation’s motor vehicle\ninvolved in the offence by a stated date (the suspension\ndate), the authority will take suspension action on the\nsuspension date;\n(iii) any information prescribed by regulation;\n(iv) any other information the road transport authority\nconsiders appropriate; and\n(b) if in response to the suspension warning notice, the corporation\nfails to take all reasonable steps to assist the administering\nauthority to identify and locate the individual who was in\npossession or control of the corporation’s motor vehicle\ninvolved in the offence, before the suspension date—take the\nfollowing action (the suspension action) on the suspension date:\n(i) if the motor vehicle involved in the offence is registered in\nthe ACT—suspend the vehicle’s registration;\n(ii) if the motor vehicle involved in the offence is registered in\nanother jurisdiction—suspend the right of everyone to\ndrive the motor vehicle in the ACT;\n(iii) if the corporation has sold, transferred or otherwise\ndisposed of its interest in the motor vehicle involved in the\n(A) suspend the registration of another of the\ncorporation’s vehicles (the other motor vehicle); or\n(B) if the other motor vehicle is registered in another\njurisdiction—suspend the right of everyone to drive\nthe other motor vehicle in the ACT.\n(3) The suspension date must be at least 10 days after the suspension\nwarning notice is sent to the corporation.\n\n(4) If the road transport authority takes suspension action, the authority\nmust send the corporation a notice (a suspension confirmation\nnotice) including statements about the following:\n(a) the suspension date;\n(b) the action taken on the suspension date;\n(c) when the suspension ends;\n(d) any information prescribed by regulation;\n(e) any other information the road transport authority considers\n(5) The suspension action takes effect—\n(a) on the suspension date; or\n(b) if any other suspension action has been taken against the\ncorporation under another provision of the road transport\nlegislation—when that other suspension action ends.\n(6) A suspension ends on the earliest of the following:\n(a) 6 months after the day the suspension action takes effect;\n(b) the day the corporation gives the administering authority the\ninformation it needs to identify and locate the individual who\nwas in possession or control of the corporation’s motor vehicle\nat the time of the demerit points offence;\n(c) the day the registration of the corporation’s motor vehicle is\ntransferred under the Road Transport (Vehicle Registration)\nAct 1999 to another person and the corporation no longer has\nany interest in the motor vehicle.\n","sortOrder":52},{"sectionNumber":"43","sectionType":"section","heading":"Demerit points offence—effect of suspension","content":"43 Demerit points offence—effect of suspension\n(1) If the registration of a corporation’s motor vehicle is suspended under\nsection 42, the road transport authority must not renew the\nregistration until after the suspension ends.\n\n(2) The road transport authority must not register a corporation’s motor\nvehicle if the right of everyone to drive the motor vehicle in the ACT\nis suspended under section 42.\n","sortOrder":53},{"sectionNumber":"43A","sectionType":"section","heading":"Demerit points offence—review of suspension","content":"43A Demerit points offence—review of suspension\n(1) If the registration of a corporation’s motor vehicle is suspended under\nsection 42, the corporation may apply to the Magistrates Court for a\nreview of the suspension.\n(2) The Magistrates Court may hear and decide the application and may\nmake an order—\n(a) confirming the suspension; or\n(b) revoking the suspension.\n(3) The court may make an order under subsection (2) (b) only if the court\nis satisfied that the corporation has taken all reasonable steps to assist\nthe administering authority to identify and locate the person who was\nin possession or control of the motor vehicle involved in the demerit\npoints offence to which the suspension relates.\n","sortOrder":54},{"sectionNumber":"43B","sectionType":"section","heading":"Offence—driving interstate corporate motor vehicle","content":"43B Offence—driving interstate corporate motor vehicle\n(1) A person commits an offence if—\n(a) the right of everyone to drive an interstate corporate motor\nvehicle in the ACT is suspended under section 42; and\n(b) the person drives the motor vehicle in the ACT.\ninterstate corporate motor vehicle means a corporation’s motor\nvehicle that is registered in another jurisdiction.\n\n","sortOrder":55},{"sectionNumber":"44","sectionType":"section","heading":"Suspension for nonpayment of infringement notice","content":"44 Suspension for nonpayment of infringement notice\npenalties\n(a) an infringement notice and a reminder notice have been served\non a person by an authorised person under this part or the Heavy\nVehicle National Law (ACT) for an infringement notice offence;\nand\nNote A notice may be served on a person by an authorised officer for a\nheavy vehicle infringement notice offence (see Heavy Vehicle\nNational Law (ACT), s 591 (1)).\n(b) the offence involved a registrable or rail vehicle; and\n(c) the infringement notice has not been withdrawn or the\ninfringement notice penalty for the offence has not been waived;\nand\n(d) the person does not have an infringement notice management\nplan for the infringement notice penalty for the offence; and\n(e) the penalty has not been paid to the administering authority\nwithin the time for payment under this part; and\n(f) notice disputing liability has not been given to the administering\nauthority in accordance with this part.\n(a) send the person a written notice (a suspension notice) that\n(b) if the infringement notice penalty is not paid before the\nsuspension date in the suspension notice—take action under\nsubsection (5), (6) or (7) (the suspension action) on the\nsuspension date.\n\n(3) A suspension notice must state—\n(a) particulars of the infringement notice and the reminder notice to\nwhich the suspension notice relates; and\n(b) that if the person does not pay the infringement notice penalty\nbefore a stated date (the suspension date), the authority will take\nsuspension action on the suspension date; and\n(4) However, the suspension date must not be earlier than 10 days after\nthe day the suspension notice is sent to the person.\n(5) If the person is the holder of a driver licence, the road transport\nauthority must suspend the licence.\n(6) If the person is not the holder of a driver licence, or the person’s driver\nlicence is suspended, but the vehicle involved in the offence is\nregistered under the Road Transport (Vehicle Registration) Act 1999\nand the person is the responsible person (or a responsible person) for\nthe vehicle, the road transport authority must suspend the vehicle’s\nregistration.\n(7) In any other case, the road transport authority must do 1 of the\nfollowing:\n(a) suspend the person’s right to drive the vehicle involved in the\noffence in the ACT;\n(b) suspend the person’s right to drive any vehicle in the ACT;\n(c) suspend the right of everyone to drive the vehicle involved in\nthe offence in the ACT.\n(8) A suspension under this section takes effect on the suspension date.\n\n(9) If the road transport authority takes suspension action, the authority\nmust send a suspension confirmation notice to the person that states—\n(a) the suspension date; and\n(b) the action that was taken on the suspension date; and\n(10) In this section:\ntime for payment, of an infringement notice penalty, includes any\nextension of time allowed for payment under section 29 (Extension\nof time to do things).\n","sortOrder":56},{"sectionNumber":"44A","sectionType":"section","heading":"Suspension for non-compliance with infringement notice","content":"44A Suspension for non-compliance with infringement notice\n(a) a person has an infringement notice management plan; and\n(b) the administering authority is satisfied on reasonable grounds\nthat the person has failed to comply with the plan; and\n(c) notice disputing liability for the infringement notice penalty or\npenalties covered by the plan has not been given to the\nadministering authority in accordance with this part.\n(2) The administering authority must tell the road transport authority\nabout the non-compliance and the road transport authority must—\n(a) send the person a written notice (a suspension notice) that\n(b) if the person does not resume complying with the plan before\nthe suspension date in the suspension notice—take action under\nsubsection (5) or (6) (the suspension action) on the suspension\ndate.\n\n(3) A suspension notice must state—\n(a) the identifying number (however described) for the person’s\ninfringement notice management plan; and\n(b) that if the person does not resume complying with the plan\nbefore a stated date (the suspension date), the road transport\nauthority will take suspension action on the suspension date; and\n(4) However, the suspension date must not be earlier than 10 days after\nthe day the suspension notice is sent to the person.\n(5) If the person is the holder of a driver licence, the road transport\nauthority must suspend the licence.\n(6) If the person is not the holder of a driver licence, the road transport\nauthority must suspend the person’s right to drive any vehicle in the\nACT.\n(7) A suspension under this section takes effect on the suspension date.\n(8) If the road transport authority takes suspension action, the authority\nmust send a suspension confirmation notice to the person that states—\n(a) the suspension date; and\n(b) the action that was taken on the suspension date; and\n(9) A regulation may make provision in relation to—\n(a) how the administering authority becomes satisfied that a person\nhas failed to comply with the person’s infringement notice\nmanagement plan; and\n\n(b) information to be given to the administering authority by the\nperson or anyone else in relation to the person’s compliance with\nthe plan.\n","sortOrder":57},{"sectionNumber":"44B","sectionType":"section","heading":"Notice of suspension confirmation notice","content":"44B Notice of suspension confirmation notice\n(a) the road transport authority sends a suspension confirmation\nnotice to a person under section 44 (Suspension for nonpayment\nof infringement notice penalties) or section 44A (Suspension for\nnon-compliance with infringement notice management plan);\nand\n(b) a police officer stops the person while the person is driving a\nmotor vehicle; and\n(c) the police officer tells the person that the person’s driver licence\nis suspended.\n(2) The person is taken to know that the person’s driver licence is\nsuspended.\n","sortOrder":58},{"sectionNumber":"45","sectionType":"section","heading":"Effect of suspension","content":"45 Effect of suspension\n(1) The road transport authority must not issue a driver licence to a person\n(or renew a driver licence issued to the person) if the person’s driver\nlicence or right to drive any vehicle in the ACT is suspended under\nthis division.\n(2) The period for which a person’s driver licence is suspended under this\ndivision is concurrent with any uncompleted period of driver licence\nsuspension or disqualification applying to the person under—\n(a) another part; or\n(b) any other territory law, other than the Road Transport (Driver\nLicensing) Act 1999, division 2.3 (Demerit points system).\n\n(3) Subsection (2) is subject to any order by a court in relation to the other\nsuspension or disqualification.\n(4) A person whose driver licence or right to drive any vehicle in the ACT\nis suspended under this division is not entitled to apply for, or be\nissued with, a restricted licence during the suspension period.\n(5) The road transport authority must not register a vehicle in the name\nof a person if the person’s right to drive any vehicle in the ACT is\nsuspended under this division.\n(6) The road transport authority must not register a vehicle if the right of\neveryone to drive the vehicle in the ACT is suspended under this\ndivision.\n","sortOrder":59},{"sectionNumber":"46","sectionType":"section","heading":"Transfer of registration while suspended","content":"46 Transfer of registration while suspended\n(1) This section applies if a vehicle’s registration is suspended under this\ndivision because of an infringement notice offence for which an\ninfringement notice has been served on a person.\n(2) The road transport authority must revoke the suspension if the\nvehicle’s registration is transferred under the Road Transport\n(Vehicle Registration) Act 1999 to someone else and the person no\nlonger has any interest in the vehicle.\n","sortOrder":60},{"sectionNumber":"47","sectionType":"section","heading":"Revocation of suspension—penalty paid, discharged or","content":"47 Revocation of suspension—penalty paid, discharged or\nwaived\n(a) a suspension is in force under this division because of an\ninfringement notice offence for which an infringement notice\nhas been served on a person; and\n(b) the infringement notice penalty payable by the person for the\n(i) is paid to the administering authority; or\n\n(ii) if the person has an infringement notice management plan\nfor the penalty—is discharged by the person doing all of\nthe things that the person is required to do under the plan;\nor\n(iii) is waived under section 31G (Application for waiver of\npenalty—decision).\n(2) If this section applies, the road transport authority must revoke the\nsuspension and tell the person, in writing, that the suspension has\nbeen revoked.\n(3) However, the road transport authority must not revoke the suspension\nif the authority would then be required to take action under this\ndivision in relation to the person for another infringement notice\noffence and the action would or could result in a suspension having\nthe same effect.\n","sortOrder":61},{"sectionNumber":"47A","sectionType":"section","heading":"Revocation of suspension—management plan being","content":"47A Revocation of suspension—management plan being\ncomplied with\n(a) a suspension is in force under this division because of an\ninfringement notice offence for which an infringement notice\nhas been served on a person; and\n(b) either—\n(i) the person enters into, or has the penalty added to, an\ninfringement notice management plan for the infringement\nnotice penalty for the offence; or\n(ii) if the suspension was for non-compliance with the person’s\ninfringement notice management plan for the penalty—the\nadministering authority is satisfied on reasonable grounds\nthat the person has resumed complying with the plan.\n\n(2) The administering authority must tell the road transport authority\nabout the plan or compliance and the road transport authority must—\n(a) revoke the suspension; and\n(b) tell the person in writing that the suspension has been revoked.\n(3) A regulation may make provision in relation to—\n(a) how the administering authority becomes satisfied that a person\nhas resumed complying with the person’s infringement notice\nmanagement plan; and\n(b) information to be given to the administering authority by the\nperson or anyone else in relation to the person’s compliance with\nthe plan.\n","sortOrder":62},{"sectionNumber":"48","sectionType":"section","heading":"Review of suspension","content":"48 Review of suspension\n(1) A person in relation to whom a suspension is in force under this\ndivision may apply to the Magistrates Court for a review of the\nsuspension.\n(2) The Magistrates Court may hear and decide an application and may\nmake an order—\n(a) confirming the suspension; or\n(b) revoking the suspension.\n(3) For suspension action mentioned in section 44 (2) (b) (Suspension for\nnonpayment of infringement notice penalties), the court may make an\norder under subsection (2) (b) only if it is satisfied that 1 or more of\nthe conditions mentioned in section 44 (1)—\n(a) did not exist when the suspension action was taken; or\n(b) no longer exists.\n\nDisputing liability Division 3.5\n(4) For suspension action mentioned in section 44A (2) (b) (Suspension\nfor non-compliance with infringement notice management plan), the\ncourt may make an order under subsection (2) (b) only if it is satisfied\nthat 1 or more of the conditions mentioned in section 44A (1)—\n(a) did not exist when the suspension action was taken; or\n(b) no longer exists.\n","sortOrder":63},{"sectionNumber":"51","sectionType":"section","heading":"Disputing liability for infringement notice offence","content":"51 Disputing liability for infringement notice offence\n(1) A person on whom an infringement notice or reminder notice has\nbeen served for an infringement notice offence may dispute liability\nfor the offence by written notice given to the administering authority.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(2) The notice must set out the grounds on which the person relies.\nNote For the time within which liability must be disputed after a person is\nserved with an infringement notice or reminder notice, see s 26 and s 28.\n","sortOrder":64},{"sectionNumber":"53","sectionType":"section","heading":"Procedure if liability disputed","content":"53 Procedure if liability disputed\n(1) This section applies if a person disputes liability for an infringement\nnotice offence by giving the administering authority a notice in\naccordance with section 51 (Disputing liability for infringement\nnotice offence).\n(2) The administering authority may—\n(a) for a heavy vehicle infringement notice offence—bring a\nproceeding against the person under the Heavy Vehicle National\nLaw (ACT) within 60 days after being given the notice; or\nNote For proceedings for heavy vehicle infringement notice offences,\nsee the Heavy Vehicle National Law (ACT), s 707.\n\n(b) in any other case—lay an information in the Magistrates Court\nagainst the person for the offence within 60 days after being\ngiven the notice.\n(3) The administering authority must discontinue a proceeding brought\nagainst the person for the offence if, before the hearing of the\nproceeding—\n(a) 1 of the following happens:\n(i) the person pays the infringement notice penalty;\n(ii) the person enters into an infringement notice management\nplan in relation to the offence;\n(iii) an infringement notice in relation to the offence is added to\nan existing infringement notice plan; and\n(b) the person pays—\n(i) any costs prescribed by regulation for beginning the\nproceeding; and\n(ii) any disbursements incurred by the administering authority\nup to the day payment is made.\n(4) If subsection (3) applies, section 39 (Infringement notice—effect of\npenalty payment etc) also applies to the person in relation to the\noffence, even though 1 of the things mentioned in subsection (3) (a)\nhappened in relation to the offence after a proceeding or information\nmentioned in subsection (2) had been brought or laid against the\nperson for the offence.\n(5) If the administering authority does not bring a proceeding or lay an\ninformation mentioned in subsection (2) against the person for the\noffence within 60 days after being given the notice, the administering\n(a) tell the person, in writing, that no further action will be taken\nagainst the person for the offence; and\n\nDisputing liability Division 3.5\n(b) take no further action against the person for the offence.\n(6) To remove any doubt, subsection (2) does not permit the\nadministering authority to bring a proceeding or lay an information\nagainst a person for an offence after the end of the time within which,\napart from this section, a prosecution may be brought against the\nperson for the offence.\nNote For the time within which a prosecution for an infringement notice\noffence other than a heavy vehicle infringement notice offence must be\nbegun, see s 31. For proceedings for heavy vehicle infringement notice\noffences, see the Heavy Vehicle National Law (ACT), pt 13.3, div 1.\n53AA Presumption against responsible person\nIf the responsible person for a registrable or rail vehicle involved in\nan infringement notice offence is served with an infringement notice\nfor the offence, it is presumed in any proceeding against the person\nfor the offence, unless the contrary is proved, that the responsible\nperson was the individual in possession or control of the vehicle at\nthe time of the offence.\nNote The responsible person for a registrable vehicle bears a legal burden of\nproving that the responsible person was not the individual in possession\nor control of the vehicle at the time of the offence (see Criminal Code,\ns 59 (c)).\n\n","sortOrder":65},{"sectionNumber":"53A","sectionType":"section","heading":"Authorised people for infringement notice offences","content":"53A Authorised people for infringement notice offences\n(1) The administering authority for an infringement notice offence (other\nthan a heavy vehicle infringement notice offence) may appoint a\nperson to be an authorised person to serve infringement notices or\nreminder notices for infringement notice offences or particular\ninfringement notice offences.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see s 207).\nNote 3 Infringement notices for heavy vehicle infringement notice offences are\nserved by authorised officers within the meaning of the Heavy Vehicle\nNational Law (ACT) (see Law, s 591 (1)).\n(2) The regulations may prescribe a person to be an authorised person for\nthe service of infringement notices or reminder notices for\ninfringement notice offences, other than a heavy vehicle infringement\nnotice offence or particular infringement notice offences.\n(3) In this part:\nauthorised person means—\n(a) for an infringement notice or a reminder notice for a heavy\nvehicle infringement notice offence—an authorised officer\nunder the Heavy Vehicle National Law (ACT); or\nNote An authorised officer for the Heavy Vehicle National Law (ACT)\nmeans a police officer or any other person appointed under the\nLaw, s 481 (see also Law, s 5, def authorised officer).\n\nMiscellaneous Division 3.6\n(b) in any other case—\n(i) for an infringement notice for an infringement notice\n(A) the administering authority; or\n(B) a person who is appointed under subsection (1) by the\nadministering authority to serve an infringement\nnotice for the offence; or\n(C) anyone else who, under the regulations, may serve an\ninfringement notice for the offence; or\n(ii) for a reminder notice for an infringement notice offence—\n(A) the administering authority; or\n(B) a person who is appointed under subsection (1) by the\nadministering authority to serve a reminder notice for\nthe offence; or\n(C) anyone else who, under the regulations, may serve a\nreminder notice for the offence.\n","sortOrder":66},{"sectionNumber":"54","sectionType":"section","heading":"Delegation of administering authority’s functions","content":"54 Delegation of administering authority’s functions\n(1) The administering authority for an infringement notice offence may\ndelegate the authority’s functions under this part to—\n(a) the road transport authority; or\n(b) a person prescribed by regulation; or\n(c) a person who is an authorised person under section 19; or\n(d) an authorised officer under the Heavy Vehicle National Law\n(ACT).\nNote For the making of delegations and the exercise of delegated functions,\n\n(2) A person mentioned in subsection (1) (a) or (b) may delegate\nfunctions delegated to the person under subsection (1) to anyone else.\n","sortOrder":67},{"sectionNumber":"55","sectionType":"section","heading":"Written statements by corporations","content":"55 Written statements by corporations\nA written statement is made by a corporation for this part only if the\nstatement is made by an executive officer of the corporation.\n","sortOrder":68},{"sectionNumber":"56","sectionType":"section","heading":"Evidentiary certificates","content":"56 Evidentiary certificates\n(1) This section applies to a proceeding for an infringement notice\n(2) A certificate that appears to be signed by or on behalf of the\nadministering authority, and states any matter relevant to anything\ndone or not done under this part in relation to the offence, is evidence\nof the matter.\n(3) Without limiting subsection (2), a certificate given under that\nsubsection may state any of the following:\n(a) a stated infringement notice or reminder notice was served by a\nstated authorised person in a stated way on a stated person on a\nstated date for a stated infringement notice offence;\n(b) the administering authority did not allow additional time, or\nallowed stated additional time, for payment of the infringement\nnotice penalty or to dispute liability for the offence;\n(c) the infringement notice penalty was not paid within the time in\nwhich it was required to be paid under this part;\n(d) a stated person entered into an infringement notice management\nplan on a stated date;\n(e) a stated person agreed to take stated steps under the person’s\n\nMiscellaneous Division 3.6\n(f) a stated person took stated steps to comply with the person’s\n(g) a stated person did not take stated steps to comply with the\nperson’s infringement notice management plan;\n(h) the administering authority gave a notice to a stated person\nabout—\n(i) the person’s failure to take stated steps to comply with the\nperson’s infringement notice management plan; and\n(ii) how the noncompliance was to be dealt with as agreed\nunder the plan;\n(i) the administering authority took or did not take other stated steps\nto get a stated person to comply with the person’s infringement\nnotice management plan;\n(j) the infringement notice has not been withdrawn or was\nwithdrawn on a stated date;\n(k) the offence involved a stated vehicle or animal;\n(l) a stated person was the responsible person (or a responsible\nperson) for a vehicle, or the owner (or an owner) of an animal,\non a stated date (and, if relevant, at a stated time on that date);\n(m) a stated address was, on a stated date, the last home or business\naddress of a stated person known to the administering authority;\n(n) a stated address or number was, on a stated date, the latest\nbusiness, home or email address, or fax number, of a stated\nperson recorded in a register or other record kept under a law of\nanother jurisdiction corresponding to the Road Transport\n(Vehicle Registration) Act 1999;\n(o) a stated person has not given the administering authority an\nillegal user declaration, a known user declaration, a sold vehicle\ndeclaration or an unknown user declaration;\n\n(p) a stated person gave the administering authority a stated\ndeclaration mentioned in paragraph (o) on a stated date;\n(q) a copy of a stated declaration mentioned in paragraph (o) was\nserved by a stated authorised person in a stated way on a stated\nperson on a stated date;\n(r) an infringement notice penalty has not been paid by, or a penalty\nhas not been imposed on, a stated person or anyone for the\n(4) A court must accept a certificate given under this section as proof of\nthe matters stated in it if there is no evidence to the contrary.\n(5) This section is additional to, and does not limit, section 72 (Certificate\nevidence and other evidentiary provisions).\n\nPart 4 Enforcement of road transport\nDivision 4.1 Production of licences and\nidentification of people\n58 Police officer or authorised person may require name,\ndate of birth, address and driver licence—driver or rider\n(1) A police officer or authorised person may, in the execution of any of\nhis or her functions under the road transport legislation, require the\ndriver of a vehicle, or the rider of an animal, to do 1 or more of the\nfollowing:\n(a) for the driver of a motor vehicle—produce the person’s\nAustralian driver licence or external driver licence;\n(b) for the rider of an animal—require the person to produce an\nidentification document if the person is carrying an\nidentification document;\n(c) state the person’s name;\n(d) state the person’s date of birth;\n(e) state the person’s home address.\nNote An authorised officer (within the meaning of the Heavy Vehicle National\nLaw (ACT)) may require a driver of a heavy vehicle to produce the\ndriver’s driver licence (see Law, s 568).\n(2) A person commits an offence if the person fails to comply with a\nrequest made by a police officer or authorised person under\nsubsection (1) (a), (c), (d) or (e).\nNote It is an offence to produce false or misleading documents (see Criminal\nCode, s 339).\n(3) An offence against this section is a strict liability offence.\n\n(4) It is a defence to a prosecution for an offence against\nsubsection (1) (a) if the defendant proves that the defendant—\n(a) was not the driver of a heavy vehicle, or heavy combination,\nwhen required to produce the licence; and\n(b) has a reasonable excuse for failing to produce the licence when\nrequired to do so; and\n(c) within 3 days after being required to produce the licence,\nproduces the licence at a place prescribed by regulation or as\ndirected by the police officer or authorised person.\ns (3) (see Criminal Code, s 59).\n(5) In this section:\nheavy combination—see the Heavy Vehicle National Law (ACT),\nsection 5.\nidentification document, includes the following:\n(a) an Australian driver licence or foreign driver licence;\n(b) a proof of identity card issued under the Liquor Act 2010,\nsection 210 (Proof of identity cards), or a corresponding\ndocument issued under the law of a State;\n(c) a passport;\n(d) a student card;\n(e) a document that contains a photograph that could reasonably be\ntaken to be the person and states the person’s name and date of\nbirth.\n\n","sortOrder":69},{"sectionNumber":"58A","sectionType":"section","heading":"Police officer or authorised person may require name,","content":"58A Police officer or authorised person may require name,\ndate of birth, address and driver licence—supervisor,\ninstructor or assessor\n(1) This section applies to a person if—\n(a) the person is a driving instructor who is with a driver for the\npurposes of—\n(i) driver instruction; or\n(ii) driver assessment; or\n(b) the person is a heavy vehicle driver assessor who is with a driver\nfor the purposes of driver assessment; or\n(c) the person is a driving supervisor who is with a person who\nholds a learner licence (a learner driver) while the learner driver\ndrives a motor vehicle that displays, or ought to display, L-plates\non a road or road related area.\n(2) A police officer or authorised person may require the person to do 1\nor more of the following:\n(a) produce the person’s Australian driver licence;\n(b) state the person’s name;\n(c) state the person’s date of birth;\n(d) state the person’s home address.\n(3) A person commits an offence if the person fails to comply with a\nrequest made by a police officer or authorised person under\nsubsection (2).\nNote It is an offence to produce false or misleading documents (see Criminal\nCode, s 339).\n(4) An offence against this section is a strict liability offence.\n\n(5) It is a defence to a prosecution for an offence against\nsubsection (2) (a) if the defendant proves that the defendant—\n(a) was a driving supervisor, driving instructor or heavy vehicle\ndriver assessor when required to produce the licence; and\n(b) has a reasonable excuse for failing to produce the licence when\nrequired to do so; and\n(c) within 3 days after being required to produce the licence,\nproduced the licence at a place prescribed by regulation or as\ndirected by the police officer or authorised person.\ns (4) (see Criminal Code, s 59).\n(6) In this section:\ndriver assessment—see the Road Transport (Driver Licensing)\ndriver instruction—see the Road Transport (Driver Licensing)\ndriving instructor—see the Road Transport (Driver Licensing)\ndriving supervisor—see the Road Transport (Driver Licensing)\nheavy vehicle driver assessor—see the Road Transport (Driver\nLicensing) Regulation 2000, dictionary.\n\n","sortOrder":70},{"sectionNumber":"58B","sectionType":"section","heading":"Police officer or authorised person may direct removal of","content":"58B Police officer or authorised person may direct removal of\nthing covering person’s face\n(1) A police officer or authorised person may direct a person\n(the directed person) to remove anything that covers all or part of the\nperson’s face to allow the officer or authorised person to—\n(a) identify the directed person in the execution of the officer’s or\nauthorised person’s functions under the road transport\nlegislation; or\n(b) carry out a test or analysis under the Road Transport (Alcohol\nand Drugs) Act 1977, part 2 (Examination of people for alcohol\nor drugs).\n(2) Subsection (3) applies if a thing a person is directed to remove is worn\nby the person for genuine religious or cultural reasons.\n(3) The directed person may ask the officer or authorised person to allow\nthe person to remove the thing in either or both of the following ways:\n(a) in front of a police officer or an authorised person who is the\nsame sex as the directed person;\n(b) at a place or in a way (or both) that gives the directed person\nreasonable privacy to remove the thing.\n(4) If a request is made under subsection (3), the police officer or\nauthorised person must take reasonable steps to comply with the\nrequest.\n(5) A failure to comply with subsection (4) does not affect—\n(a) the validity of a thing done or not done by a police officer or\nauthorised person under this section; or\n(b) the liability of a person under subsection (6).\n\n(6) A person commits an offence if the person—\n(a) is given a direction under subsection (1); and\n(b) fails to comply with the direction.\nMaximum penalty: 30 penalty units.\n(7) Strict liability applies to subsection (6) (b).\n(8) It is a defence to a prosecution for an offence against subsection (6)\nif the defendant proves that the defendant had a medical reason for\nnot removing the thing covering all or part of the person’s face.\ns (8) (see Criminal Code, s 59).\n","sortOrder":71},{"sectionNumber":"59","sectionType":"section","heading":"Seizure of licences","content":"59 Seizure of licences\n(1) A police officer or authorised person may, with no authority other\nthan this section, seize an Australian driver licence, public vehicle\ndriver authority card or external driver licence, or anything\nresembling an Australian driver licence, public vehicle driver\nauthority card or external driver licence, if—\n(a) it is produced to the police officer or authorised person by\nsomeone representing it to be the person’s Australian driver\nlicence, public vehicle driver authority card or external driver\nlicence; and\n(b) the police officer or authorised person suspects on reasonable\ngrounds—\n(i) that it has been obtained in contravention of the Road\nTransport (Driver Licensing) Act 1999, section 29\n(Obtaining licence by false statements etc), a\ncorresponding law (within the meaning of that Act) or the\nlaw of an external territory or foreign country; or\n(ii) that it is unlawfully in the person’s possession; or\n\n(iii) that it is required to be returned or surrendered to the road\ntransport authority under the road transport legislation; or\n(iv) that it is defaced or altered.\n(2) If a person produces an Australian driver licence or external driver\nlicence, or anything resembling an Australian driver licence or\nexternal driver licence, to a police officer or authorised person and\nrepresents it to be the person’s Australian driver licence or external\ndriver licence, the police officer or authorised person may provide the\nperson with adequate writing materials and require the person to\nprovide a specimen of his or her signature on the form approved under\nsection 225 for this subsection or in a way prescribed by regulation.\n(3) A person must not, without reasonable excuse, fail to comply with a\nrequest under subsection (2).\n(4) The grounds on which a suspicion may be formed, sufficient to\nauthorise the seizure of an Australian driver licence, public vehicle\ndriver authority card or external driver licence or anything else (the\nlicence or article) under this section, include (but are not limited to)\n1 or more of the following:\n(a) a lack of resemblance between the person shown in a photograph\nattached to or forming part of the licence, card or article,\npurporting to be a photograph of the holder, and the person who\nproduced it;\n(b) a lack of resemblance between a signature on the licence or\narticle, purporting to be the signature of the holder, and a\nspecimen signature provided by the person who produced the\nlicence or article;\n(c) a refusal by the person, after producing the licence or article, to\ncomply with a requirement under subsection (2).\n\n(5) An Australian driver licence, public vehicle driver authority card,\nexternal driver licence or anything else seized under this section must\nbe given to the road transport authority as soon as practicable (but\nwithin 14 days) after the seizure.\n(6) If the road transport authority is satisfied that an Australian driver\nlicence, public vehicle driver authority card or external driver licence\ngiven to the authority was lawfully in the possession of the person\nwho produced it, the authority must return it to the person.\n(7) The road transport authority may deal with anything else given to the\nauthority under this section in the way the authority considers\n(8) In this section:\npublic vehicle driver authority card—see the Road Transport\n(Driver Licensing) Regulation 2000, dictionary.\n","sortOrder":72},{"sectionNumber":"60","sectionType":"section","heading":"Police officer or authorised person may require people to","content":"60 Police officer or authorised person may require people to\ndisclose identity of driver\n(1) If the driver of a motor vehicle is alleged to have committed an\noffence against the road transport legislation—\n(a) the responsible person for the vehicle, or the person in\npossession of the vehicle, must, when required to do so by a\npolice officer or authorised person, give information (which\nmust, if so required, be given in the form of a written statement\nsigned by the person) about the name and home address of the\ndriver at the time of the offence; and\n\n(b) anyone else must, when required to do so by a police officer or\nauthorised person, give any information that the person can give\nthat may lead to the identification of the driver.\nMaximum penalty:\n(a) for an offence against the Road Transport (Safety and Traffic\nManagement) Act 1999, section 5C (Failing to stop motor\nvehicle for police), for a first offender—100 penalty units,\nimprisonment for 12 months or both; or\n(b) for an offence against the Road Transport (Safety and Traffic\nManagement) Act 1999, section 5C, for a repeat offender—\n300 penalty units, imprisonment for 3 years or both; or\n(c) in any other case—20 penalty units.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) (a) if the defendant establishes that the defendant did\nnot know and could not with reasonable diligence have found out the\ndriver’s name and home address.\n(3) If—\n(a) a written statement purporting to be given under\nsubsection (1) (a) is produced in court in a prosecution of the\nperson named in the statement as the driver of a vehicle at the\ntime of an alleged offence against the road transport legislation;\nand\n(b) the person does not appear before the court; and\n(c) a copy of the statement was served on the person before the\nproceeding was begun;\nthe statement is evidence without proof of signature that the named\nperson was the driver of the vehicle at that time.\n\n","sortOrder":73},{"sectionNumber":"60A","sectionType":"section","heading":"Meaning of first offender and repeat offender—s 60","content":"60A Meaning of first offender and repeat offender—s 60\n(1) A person who is convicted or found guilty of a failing to identify or\nstop offence is a first offender in relation to the offence if the person\nis not a repeat offender in relation to the offence.\nNote Found guilty, of an offence—see the Legislation Act, dictionary, pt 1.\n(2) A person who is convicted or found guilty of a failing to identify or\nstop offence (the relevant offence) is a repeat offender in relation to\nthe offence if—\n(a) the person has been convicted or found guilty of a failing to\nidentify or stop offence that was committed at any time before\nthe relevant offence was committed (whether or not the person\nhas been convicted or found guilty of the failing to identify or\nstop offence when the person committed the relevant offence);\nor\n(b) the person is convicted or found guilty of 1 or more failing to\nidentify or stop offences concurrently with being convicted of\nthe relevant offence, and 1 or more of the identification offences\nwere committed before the relevant offence.\nfailing to identify or stop offence means—\n(a) an offence against section 60 (1) (which is about requiring\npeople to disclose the identity of a driver), if the requirement is\nto give information about the driver of a motor vehicle who is\nalleged to have committed an offence against the Road\nTransport (Safety and Traffic Management) Act 1999,\nsection 5C (Failing to stop motor vehicle for police); or\n(b) an offence against the Road Transport (Safety and Traffic\nManagement) Act 1999, section 5C (which is about failing to\nstop a motor vehicle when asked or signalled to do so by a police\nofficer).\n\n","sortOrder":74},{"sectionNumber":"61","sectionType":"section","heading":"Production of driver licence to court","content":"61 Production of driver licence to court\n(1) A person who is the holder of a driver licence and is charged with an\noffence against the road transport legislation must produce his or her\ndriver licence to the court at the hearing of the charge.\n(2) A person must not, without reasonable excuse, fail to comply with\nsubsection (1).\nMaximum penalty (subsection (2)): 20 penalty units.\n","sortOrder":75},{"sectionNumber":"Div 4","sectionType":"division","heading":"2 Licence suspension, disqualification","content":"Division 4.2 Licence suspension, disqualification\nand related matters\n","sortOrder":76},{"sectionNumber":"61A","sectionType":"section","heading":"Definitions—div 4.2","content":"61A Definitions—div 4.2\nautomatic disqualification provision means any of the following\nprovisions:\n(a) section 60 (which is about requiring people to disclose the\nidentity of a driver), if the requirement is to give information\nabout the driver of a motor vehicle who is alleged to have\ncommitted an offence against the Road Transport (Safety and\nTraffic Management) Act 1999, section 5C (Failing to stop\nmotor vehicle for police);\n(b) section 62 (Automatic disqualification for culpable driving);\n(c) section 63 (Automatic disqualification for certain other driving\noffences);\n(d) the Road Transport (Alcohol and Drugs) Act 1977, section 27\ntheir blood or breath);\n\n(e) the Road Transport (Alcohol and Drugs) Act 1977, section 28\ntheir blood or breath);\n(f) the Road Transport (Alcohol and Drugs) Act 1977, section 29\ndrivers for having a prescribed drug in their oral fluid or blood);\n(g) the Road Transport (Alcohol and Drugs) Act 1977, section 30\ndrivers for having a prescribed drug in their oral fluid or blood);\n(h) the Road Transport (Alcohol and Drugs) Act 1977, section 31\ntheir blood or breath and a prescribed drug in their bodily fluid);\n(i) the Road Transport (Alcohol and Drugs) Act 1977, section 32\ntheir blood or breath and a prescribed drug in their bodily fluid);\n(j) the Road Transport (Alcohol and Drugs) Act 1977, section 33\ndrivers for driving under the influence of intoxicating liquor or\na drug);\n(k) the Road Transport (Alcohol and Drugs) Act 1977, section 34\ndrivers for driving under the influence of intoxicating liquor or\na drug);\n(l) the Road Transport (Alcohol and Drugs) Act 1977, section 34A\n(which is about automatic disqualification for other offences\nagainst that Act);\n\n(m) Road Transport (Driver Licensing) Act 1999, section 31 (3)\n(which is about automatic disqualification for repeat offenders\nfor driving while not holding (and never having held) an\nAustralian driver licence);\n(n) Road Transport (Driver Licensing) Act 1999, section 32 (5)\n(which is about automatic disqualification for an offence of\ndriving or fraudulently applying for a driver licence while\ndisqualified, or after licence suspension, cancellation or refusal);\n(o) Road Transport (Driver Licensing) Act 1999, section 32 (6)\n(which is about automatic disqualification for an offence of\neither driving while suspended, or applying for a driver licence\nwhile suspended and omitting disclosure of the suspension).\ndriver trainer—see the Road Transport (Alcohol and Drugs)\nAct 1977, section 4BA.\nimmediate suspension notice (or suspension notice) means a notice\nunder section 61B given to a person for an immediate suspension\nimmediate suspension offence (or suspension offence) means an\noffence against any of the following provisions in the circumstances\n(if any) mentioned for the provision:\n(a) section 60 (Police officer or authorised person may require\npeople to disclose identity of driver), if the requirement is to give\ninformation about the driver of a motor vehicle who is alleged\nto have committed an offence against the Road Transport\n(Safety and Traffic Management) Act 1999, section 5C (Failing\nto stop motor vehicle for police);\n(b) the following, if the person to whom the offence relates is not a\ndriver trainer:\n(i) the Road Transport (Alcohol and Drugs) Act 1977,\nsection 19 (Prescribed concentration of alcohol in blood or\nbreath);\n\n(ii) the Road Transport (Alcohol and Drugs) Act 1977,\nsection 20 (Prescribed drug in oral fluid or blood—driver\nor driver trainer);\n(iii) the Road Transport (Alcohol and Drugs) Act 1977,\nsection 21 (Prescribed concentration of alcohol and\nprescribed drug in bodily fluid);\n(c) the Road Transport (Alcohol and Drugs) Act 1977, section 22\n(Refusing to provide breath sample);\n(d) the Road Transport (Alcohol and Drugs) Act 1977, section 22A\n(Refusing to provide oral fluid sample);\n(e) the Road Transport (Alcohol and Drugs) Act 1977, section 22C\n(Refusing to undergo screening test);\n(f) the Road Transport (Alcohol and Drugs) Act 1977, section 23\n(Refusing blood test etc);\n(g) the Road Transport (Alcohol and Drugs) Act 1977, section 24\n(Driving under the influence of intoxicating liquor or a drug);\n(h) an offence prescribed for the Road Transport (Alcohol and\nDrugs) Act 1977, dictionary definition of disqualifying offence,\nparagraph (i) by regulation under that Act;\n(i) the Road Transport (Road Rules) Regulation 2017, section 20\n(Obeying speed limit), if the driver exceeds the speed limit\napplying to the driver by more than 45km/h;\n(j) the Road Transport (Safety and Traffic Management) Act 1999,\nsection 5C (Failing to stop motor vehicle for police);\n(k) the Road Transport (Safety and Traffic Management) Act 1999,\nsection 7 (Furious, reckless or dangerous driving), if the offence\nis an aggravated offence.\n\nSection\ninterstate driver licence means a licence (including a conditional\nlicence, learner licence, probationary licence, provisional licence or\nrestricted licence or a driver licence receipt) issued under the law of\nanother State authorising the holder to drive a motor vehicle on a road\nor road related area.\nspecial driver—see the Road Transport (Alcohol and Drugs)\nAct 1977, section 4B.\nsuspension notice—see immediate suspension notice.\nsuspension offence—see immediate suspension offence.\n61AA Meaning of first offender and repeat offender—div 4.2\n(1) A person who is convicted or found guilty of a disqualifying offence\nis a first offender in relation to the offence if the person is not a repeat\noffender in relation to the offence.\n(2) A person who is convicted or found guilty of a disqualifying offence\nis a repeat offender in relation to the offence if—\n(a) the person has been convicted or found guilty of a relevant\noffence committed at any time before the disqualifying offence\nwas committed (whether or not the person had been convicted\nor found guilty of the relevant offence when the person\ncommitted the disqualifying offence); or\n(b) the person is convicted or found guilty of 1 or more relevant\noffences concurrently with being convicted or found guilty of\nthe disqualifying offence, and 1 or more of the relevant offences\nwere committed before the disqualifying offence.\nNote Found guilty, of an offence, includes having the offence taken into\naccount under the Crimes (Sentencing) Act 2005, s 57 (Outstanding\nadditional offences taken into account in sentencing) (see Legislation\nAct, dict, pt 1).\n\ndisqualifying offence means—\n(a) for section 62 (Automatic disqualification for culpable\ndriving)—an offence of culpable driving; or\n(b) for section 63 (Automatic disqualification for certain other\ndriving offences)—an offence mentioned in section 63 (1).\nrelevant offence means any of the following:\n(a) an offence of culpable driving;\n(b) an offence mentioned in section 63 (1).\n61B Immediate suspension of licence\n(1) If a police officer believes on reasonable grounds that a person has\ncommitted an immediate suspension offence, the police officer must\ngive the person an immediate suspension notice for the offence.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(2) A suspension notice must include the following information:\n(a) a unique identifying number;\n(b) the date and time the notice is given;\n(c) the full name, or surname and initials, and home address of the\nperson;\n(d) particulars of the suspension offence to which the notice relates\nand—\n(i) if the offence is against the Road Transport (Alcohol and\nDrugs) Act 1977, section 19 (Prescribed concentration of\nalcohol in blood or breath)—the concentration of alcohol\nalleged to be present in the person’s blood or breath; and\n\n(ii) if the offence is against the Road Transport (Road Rules)\nRegulation 2017, section 20 (Obeying speed limit)—the\nspeed at which the person is alleged to have been driving;\n(e) the service number of the police officer who gave the suspension\nnotice;\n(f) a statement telling the person that while the notice is in effect—\n(i) if the person is the holder of a driver licence—the person’s\nlicence is suspended; and\n(ii) if the person is the holder of an interstate driver licence or\nan external driver licence—the person’s right to drive in\nthe ACT is suspended; and\n(iii) the person’s driver licence must be surrendered to a police\nofficer in accordance with the requirements of the notice;\nand\n(iv) if the person is the holder of a driver licence—the person\nmust not drive a vehicle; and\n(v) if the person is the holder of an interstate driver licence or\nan external driver licence—the person must not drive a\nvehicle in the ACT; and\n(vi) the person is not eligible to apply for a driver licence; and\n(vii) the person has a right to apply to the Magistrates Court for\na stay of the suspension notice;\n(g) a statement telling the person that the notice ceases to have effect\nif any of the circumstances mentioned in subsection (5) apply;\n(h) anything else prescribed by regulation.\n(3) A suspension notice takes effect as soon as it is served on the person.\n\n(4) The following provisions apply if a person is served with a suspension\nnotice:\n(a) if the person is the holder of a driver licence—the person’s\nlicence is suspended;\n(b) if the person is the holder of an interstate driver licence or an\nexternal driver licence—the person’s right to drive in the ACT\nis suspended;\n(c) the person must surrender to a police officer the person’s driver\nlicence or, if the person is unable to do so at the time, the person\nmust surrender the licence as soon as practicable in accordance\nwith the requirements of the suspension notice;\n(d) if the person is the holder of a driver licence—the person must\nnot drive a vehicle;\n(e) if the person is the holder of an interstate driver licence or an\nexternal driver licence—the person must not drive a vehicle in\nthe ACT;\n(f) the person is not entitled to apply for, or be issued with, a\nrestricted licence during the suspension period.\nNote A person served with a suspension notice may apply to the Magistrates\nCourt for a stay of the operation of the suspension notice (see s 61F).\n61BA When a suspension notice ceases to have effect\n(1) This section applies if an immediate suspension notice is served on a\nperson for an immediate suspension offence under section 61B (1).\n(2) The suspension notice ceases to have effect if—\n(a) the maximum suspension time has elapsed since the day the\nsuspension notice was served; or\n(b) the Magistrates Court orders a stay of the suspension notice; or\n(c) the chief police officer or the DPP gives the person written\nnotice that no proceeding will be brought for the offence; or\n\n(d) the offence is found proved, dismissed or taken into account by\na court; or\n(e) if a proceeding was brought for the offence—any of the\nfollowing happens:\n(i) the chief police officer or the DPP gives the person written\nnotice that the proceeding is to be withdrawn or\ndiscontinued;\n(ii) the proceeding is withdrawn or discontinued other than\nunder section 53 (3); or\n(f) if an infringement notice was given for the offence and the\nperson has not disputed the notice under section 51—the\ninfringement notice is withdrawn; or\n(g) if an infringement notice was given for the offence and the\nperson has disputed the notice under section 51—any of the\nfollowing happens:\n(i) the administering authority tells the person under\nsection 53 (5) that no further action will be taken against\nthe person for the offence;\n(ii) the administering authority has not brought a proceeding\nwithin the time allowed under section 53; or\n(h) if the offence is an infringement notice offence—the\nadministering authority gives the person written notice that no\ninfringement notice will be given for the offence.\nbring, in relation to a proceeding for an offence, includes lay an\ninformation.\n\nmaximum suspension time means—\n(a) if an infringement notice was given for the offence and the\nperson does not dispute the notice under section 51—180 days;\nor\n(b) if a proceeding is discontinued under section 53 (3) and 90 days\nhave not elapsed since the day the suspension notice was\nserved—180 days; or\n(c) in any other case—90 days.\n61BB Additional suspension notice—discontinued infringement\nnotice proceedings\n(a) an immediate suspension notice is served on a person for an\nimmediate suspension offence; and\n(b) an infringement notice is given for the offence; and\n(c) the person disputes the infringement notice under section 51;\nand\n(d) 90 days or more have elapsed since the day the immediate\nsuspension notice was served; and\n(e) a proceeding for the offence is discontinued under\nsection 53 (3).\n(2) A police officer may serve an additional immediate suspension notice\non the person.\n(3) An additional immediate suspension notice is taken to have been\nserved under section 61B (1).\nNote The maximum suspension time for an additional suspension notice is\n90 days (see s 61BA (3), def maximum suspension time, par (c)).\n\n61BC Road transport authority to return surrendered licence\nIf a person has surrendered their driver licence under an immediate\nsuspension notice and the suspension notice ceases to have effect, the\nroad transport authority must return the driver licence to the person\nas soon as practicable.\n","sortOrder":77},{"sectionNumber":"61C","sectionType":"section","heading":"Drive while suspension notice in effect","content":"61C Drive while suspension notice in effect\n(1) A person commits an offence if—\n(a) the person has been served with an immediate suspension\nnotice; and\n(b) the notice has not ceased to have effect; and\n(c) the person contravenes section 61B (4) (d) or section 61B (4) (e),\nwhichever applies.\n","sortOrder":78},{"sectionNumber":"61D","sectionType":"section","heading":"Failure to surrender suspended licence","content":"61D Failure to surrender suspended licence\n(1) A person commits an offence if the person fails to surrender the\nperson’s driver licence when required to do so under\nsection 61B (4) (c).\n","sortOrder":79},{"sectionNumber":"61E","sectionType":"section","heading":"Surrendered licences","content":"61E Surrendered licences\n(1) This section applies if a driver licence is surrendered to a police\nofficer under section 61B.\n(2) The police officer must give the licence to the road transport authority\nas soon as practicable (but within 14 days) after the licence is\nsurrendered to the police officer.\n\n","sortOrder":80},{"sectionNumber":"61F","sectionType":"section","heading":"Application for stay of suspension notice","content":"61F Application for stay of suspension notice\n(1) A person served with a suspension notice under section 61B\n(Immediate suspension of licence) may apply to the Magistrates\nCourt for a stay of the operation of the suspension notice.\n(2) The application may be made by filing the following documents not\nlater than 28 days after the day the applicant was served with the\nsuspension notice:\n(a) a notice setting out the grounds of the application;\n(b) an affidavit in support of the application.\n(3) The registrar must, as soon as practicable after the application is\nfiled—\n(a) set a hearing date for the application; and\n(b) give the applicant and the chief police officer written notice of\nthe time and place of the hearing of the application.\n(4) The chief police officer must file any relevant material that the chief\npolice officer proposes to rely on at the hearing of the application, not\nlater than 10 days after the day the chief police officer was given the\ndocuments mentioned in subsection (2).\n(5) The registrar must, as soon as practicable after the chief police officer\nhas filed any documents under subsection (4), give the applicant a\ncopy of the documents.\n(6) Despite any error in a notice under subsection (3) or a failure to give\nnotice under that subsection, the court may hear and decide the\napplication if it is satisfied that the parties—\n(a) knew about the time and place of the hearing; and\n(b) were not prejudiced by the error or failure.\n\n","sortOrder":81},{"sectionNumber":"61G","sectionType":"section","heading":"Deciding application","content":"61G Deciding application\n(1) The Magistrates Court may hear and decide an application under\nsection 61F and may make—\n(a) an order confirming the decision to give the applicant an\nimmediate suspension notice; or\n(b) an order staying the operation of the suspension notice; or\n(c) any other order the court considers appropriate.\n(2) However, the court must not make an order under subsection (1) (b)\nunless satisfied that exceptional circumstances justify making the\norder.\n(3) The court must take into account the following matters when deciding\nif exceptional circumstances justify making an order under\nsubsection (1) (b):\n(a) the risk to the safety of other road users;\n(b) the applicant’s need for a licence;\n(c) the matters contained in the suspension notice;\n(d) any other matter the court considers relevant.\n(4) In deciding a person’s application under section 61F, the court must\nnot decide—\n(a) the guilt or innocence of the person for the offence to which the\nsuspension notice relates; or\n(b) the imposition or level of a penalty for the offence.\n","sortOrder":82},{"sectionNumber":"62","sectionType":"section","heading":"Automatic disqualification for culpable driving","content":"62 Automatic disqualification for culpable driving\n(1) If a court convicts a person, or finds a person guilty, of an offence of\nculpable driving, the person is automatically disqualified from\nholding or obtaining a driver licence—\n(a) for a first offender—for 12 months; or\n\n(b) for a repeat offender—for 24 months; or\n(c) if the court orders a longer period for an offender than applies to\nthe offender under paragraph (a) or (b)—for the longer period.\n(2) If the Magistrates Court commits the person to the Supreme Court for\nsentence under the Magistrates Court Act 1930, section 92A,\nsubsection (1) applies as if the Supreme Court had convicted the\nperson.\n(3) If the person is already disqualified from holding or obtaining a driver\nlicence, or the person’s driver licence is suspended, the\ndisqualification under this section takes effect at the end of the\nexisting disqualification or suspension.\n(4) A disqualification under this section is in addition to any penalty\n","sortOrder":83},{"sectionNumber":"63","sectionType":"section","heading":"Automatic disqualification for certain other driving","content":"63 Automatic disqualification for certain other driving\noffences\n(1) This section applies to the following offences:\n(a) an offence against section 60 (which is about requiring people\nto disclose the identity of a driver), if the requirement is to give\ninformation about the driver of a motor vehicle who is alleged\nto have committed an offence against the Road Transport\n(Safety and Traffic Management) Act 1999, section 5C (Failing\nto stop motor vehicle for police);\n(b) an offence against the Road Transport (Safety and Traffic\nManagement) Act 1999, section 5A (1) or (5) (which are about\nraces, attempts on speed records, speed trials etc);\n(c) an offence against the Road Transport (Safety and Traffic\nManagement) Act 1999, section 5B (2) or (4) (which are about\nimproper use of a motor vehicle);\n\n(d) an offence against the Road Transport (Safety and Traffic\nManagement) Act 1999, section 5C (which is about failing to\nstop a motor vehicle when asked or signalled to do so by a police\nofficer);\n(e) an offence against the Road Transport (Safety and Traffic\nManagement) Act 1999, section 6 (1) (which is about negligent\ndriving) that occasions death or grievous bodily harm (within\nthe meaning of that section);\n(f) an offence (including an aggravated offence) against the Road\nTransport (Safety and Traffic Management) Act 1999,\nsection 7 (1) (which is about furious, reckless or dangerous\ndriving);\n(g) an offence against the Road Transport (Safety and Traffic\nManagement) Act 1999, section 8 (1) or (2) (which are about\nmenacing driving);\n(h) an offence against the Road Transport (Road Rules)\nRegulation 2017, section 20 (Obeying speed limit), if the driver\nexceeds the speed limit applying to the driver by more\nthan 45km/h.\n(2) If a court convicts a person, or finds a person guilty, of an offence to\nwhich this section applies, the person is automatically disqualified\nfrom holding or obtaining a driver licence—\n(a) for a first offender—for 3 months or, if the court orders a longer\nperiod, the longer period; or\n(b) for a repeat offender—for 12 months or, if the court orders a\nlonger period, the longer period.\n\n(3) However, if a court convicts a person, or finds a person guilty, of an\noffence mentioned in subsection (1) (e), the person is automatically\ndisqualified from holding or obtaining a driver licence—\n(a) if the offence occasions death—\n(i) for a first offender—for 9 months; or\n(ii) for a repeat offender—for 18 months; or\n(b) if the offence occasions grievous bodily harm—\n(i) for a first offender—for 6 months; or\n(ii) for a repeat offender—for 12 months; or\n(c) if the court orders a longer period for an offender than applies to\nthe offender under paragraph (a) or (b)—for the longer period.\n(4) Also, if a court convicts a person, or finds a person guilty, of an\naggravated offence mentioned in subsection (1) (f), the person is\nautomatically disqualified from holding or obtaining a driver licence\nfor 12 months or, if the court orders a longer period, the longer period.\n(5) If the person is already disqualified from holding or obtaining a driver\nlicence, or the person’s driver licence is suspended, the\ndisqualification under this section takes effect at the end of the\nexisting disqualification or suspension.\n(6) A disqualification under this section is in addition to any penalty\n","sortOrder":84},{"sectionNumber":"64","sectionType":"section","heading":"Court may order disqualification for other offences","content":"64 Court may order disqualification for other offences\n(1) A court that convicts a person, or finds a person guilty, of an offence\nagainst the road transport legislation may disqualify the person from\nholding or obtaining a driver licence for the period the court considers\n\n(2) However, if the offence is an offence against an automatic\ndisqualification provision, any order under subsection (1) is subject\nto the automatic disqualification period for the offence.\n(3) If the court disqualifies the person, the person is disqualified from\nholding or obtaining a driver licence for the period ordered by the\ncourt.\n(4) A disqualification under this section is in addition to any penalty\nNote A court may also order that a driver is disqualified from obtaining or\nholding an Australian driver licence under the Heavy Vehicle National\nLaw (ACT), s 598A.\n","sortOrder":85},{"sectionNumber":"65","sectionType":"section","heading":"Disqualification until court order","content":"65 Disqualification until court order\nholding or obtaining a driver licence because of being convicted,\nor found guilty, of an offence, or offences, against the road\ntransport legislation or any other territory law; and\n(b) the total period of disqualification (the compulsory\ndisqualification period) is 12 months or more.\n(2) If the court that convicts the person, or finds the person guilty, of an\noffence mentioned in subsection (1) is satisfied, after considering the\nmatters mentioned in subsection (7) and any other matters the court\nconsiders relevant, that it is necessary in the public interest to do so,\nthe court may disqualify the person from holding or obtaining a driver\nlicence from the end of the compulsory disqualification period until\nthe disqualification is set aside under subsection (3).\n(3) If a court is satisfied, on application by a person who is disqualified\nunder subsection (2) and after considering the matters mentioned in\nsubsection (7) and any other matters the court considers relevant, that\nthe disqualification is no longer necessary in the public interest, it\nmay set the disqualification aside.\n\n(4) An application under subsection (3) must be given to the registrar of\nthe court with an affidavit of the applicant setting out the grounds of\nthe application.\n(5) The respondents to an application are the road transport authority and\nthe chief police officer.\n(6) If the Magistrates Court commits a person mentioned in\nsubsection (1) to the Supreme Court for sentence under the\nMagistrates Court Act 1930, section 92A, subsection (2) applies as if\nthe Supreme Court had convicted the person.\n(7) For subsection (2) or (3), the court must consider the following\nmatters:\n(a) the total period for which the person concerned is, or has been,\ndisqualified from holding or obtaining a driver licence;\n(b) the person’s history of offences (including offences for which\ninfringement notices were served on the person)—\n(i) against the road transport legislation or a law of another\njurisdiction corresponding to it (or to part of it); or\n(ii) against another law of any jurisdiction in relation to the use\nof motor vehicles;\n(c) any relevant rehabilitation or remedial action undertaken, or to\nbe undertaken, by the person;\n(d) the risk to the safety of other road users.\n(8) In this section:\ninfringement notice includes a notice (however described) served on\na person under the law of another jurisdiction that gives the person\nthe option of paying an amount for an offence instead of being\ncharged with the offence.\n\n","sortOrder":86},{"sectionNumber":"66","sectionType":"section","heading":"Effect of disqualification","content":"66 Effect of disqualification\n(1) If a person is disqualified (whether or not by court order) from\nholding or obtaining a driver licence because of being convicted, or\nfound guilty, by a court of an offence against a territory law, the\ndisqualification operates to cancel any driver licence held by the\nperson at the time of his or her disqualification.\n(2) The cancellation takes effect at the same time as the disqualification.\n(3) If a person is disqualified from holding or obtaining an Australian\ndriver licence in another jurisdiction because of being convicted, or\nfound guilty, by a court of that jurisdiction for an offence against the\nlaw of that jurisdiction, the disqualification has effect in the ACT as\nif it were a disqualification from holding or obtaining a driver licence\nmade under a territory law because the person had been convicted by\nan ACT court of an offence against a territory law.\n(4) If the holder of a driver licence is disqualified as mentioned in\nsubsection (1) or (3), the person must surrender the licence—\n(a) if the person is present at the court, the court is an ACT court\nand the person is in possession of his or her driver licence—to\nthe registrar immediately after being disqualified; or\n(b) in any other case—to the road transport authority as soon as\npracticable (but within 14 days) after being disqualified.\n(5) If a driver licence is surrendered to the registrar of a court, the\nregistrar must give the licence to the road transport authority.\n\n(6) Subject to any other provision of this division, a person who is\ndisqualified from holding or obtaining a driver licence is not eligible\nto apply for, or be issued with, another driver licence, other than a\nrestricted licence, or a driver licence with an interlock condition,\nduring the period of disqualification.\nNote 1 Sections 66A to 67C affect the eligibility of a person to apply for or be\nissued with a restricted licence.\nNote 2 The following provisions of the road transport legislation also contain\nlimitations on the issue of restricted licences:\n• s 45 (3) (which is about suspension in relation to an infringement\nnotice)\n• s 88 (4) (which is about suspension or disqualification for default in\npayment of an outstanding fine)\n• the Road Transport (Driver Licensing) Act 1999, s 18 (4), s 19 (7),\ns 20 (3) and s 21 (7) (which are about suspension or licence\nineligibility under the demerit points system)\n• the Road Transport (Driver Licensing) Act 1999, s 33 (5) (which is\nabout cancellation of a restricted licence because of contravention of\nits conditions)\n• the Road Transport (Driver Licensing) Regulation 2000.\nNote 3 The Road Transport (Driver Licensing) Regulation 2000, pt 3A (Alcohol\nignition interlock devices) and s 103AA (Overseas drivers––eligibility\ncriteria) set out the circumstances in which a person may be eligible for\na driver licence with an interlock condition.\n(7) In this section:\ninterlock condition––see the Road Transport (Driver Licensing)\nRegulation 2000, section 73W.\n","sortOrder":87},{"sectionNumber":"66A","sectionType":"section","heading":"Person disqualified in another jurisdiction not eligible for","content":"66A Person disqualified in another jurisdiction not eligible for\nrestricted licence\n(1) This section applies to a person if the person is disqualified from\nholding or obtaining an Australian driver licence in another\njurisdiction.\n\n","sortOrder":88},{"sectionNumber":"67","sectionType":"section","heading":"Disqualified repeat offender not eligible for restricted","content":"67 Disqualified repeat offender not eligible for restricted\nlicence—automatic disqualification provisions\n(1) This section applies to a person if the person is—\n(a) disqualified from holding or obtaining a driver licence under an\nautomatic disqualification provision; and\n(b) a repeat offender for the offence to which the disqualification\nrelates.\ndriver licence during the period of disqualification.\n","sortOrder":89},{"sectionNumber":"67A","sectionType":"section","heading":"Eligibility of disqualified first offender for restricted","content":"67A Eligibility of disqualified first offender for restricted\nlicence—automatic disqualification provisions\n(1) This section applies to a person if the person is—\n(a) disqualified from holding or obtaining a driver licence under an\nautomatic disqualification provision; and\n(b) a first offender for the offence to which the disqualification\nrelates.\n(2) Subsection (3) applies to the person if—\n(a) the person is disqualified from holding or obtaining a driver\nlicence under the Road Transport (Alcohol and Drugs)\nAct 1977, section 27 (Automatic driver licence\ndisqualification—first offenders, s 19); and\n(b) when the person committed the offence the person was either—\n(i) a special driver with a concentration of alcohol of 0.05g or\nmore in 100mL of the person’s blood or 210L of the\nperson’s breath; or\n\n(ii) a driver other than a special driver with a concentration of\nalcohol of 0.1g or more in 100mL of the person’s blood or\n210L of the person’s breath when the person committed the\n(3) The person is not eligible to apply for, or be issued with, a restricted\n(4) Subsection (5) applies to the person if the person is disqualified from\nholding or obtaining a driver licence under an automatic\ndisqualification provision, other than the Road Transport (Alcohol\nand Drugs) Act 1977, section 27.\n(5) The person is not eligible to apply for, or be issued with, a restricted\nlicence until the end of the minimum period of disqualification\napplying to the person under the automatic disqualification provision\nin relation to the offence (whether or not the period is expressed to be\nsuch a minimum period).\nExamples—minimum periods of disqualification\n1 For s 62, the minimum period of disqualification is 6 months (see s 62 (1) (a)).\n2 For the Road Transport (Alcohol and Drugs) Act 1977, s 34A, the minimum\ndisqualification period is 6 months (see that Act, s 34A (2) (b)).\n3 For the Road Transport (Driver Licensing) Act 1999, s 32 (1), (2) or (3), the\nminimum period of disqualification is 12 months (see that Act, s 32 (5) (a)).\nNote The Road Transport (Alcohol and Drugs) Act 1977, s 27 applies to first\noffenders and only applies for this section if the offender has a limited\nconcentration of alcohol in their blood or breath. That Act, s 28 applies\nto repeat offenders.\n","sortOrder":90},{"sectionNumber":"67B","sectionType":"section","heading":"Person disqualified until court order not eligible for","content":"67B Person disqualified until court order not eligible for\nrestricted licence\n(1) This section applies to a person if the person is disqualified from\nholding or obtaining a driver licence under section 65\n(Disqualification until court order).\n\n","sortOrder":91},{"sectionNumber":"67C","sectionType":"section","heading":"Disqualification while holder of restricted licence","content":"67C Disqualification while holder of restricted licence\n(1) This section applies to a person who is the holder of a restricted\nlicence and is disqualified (whether or not by court order) from\nholding or obtaining a driver licence because of being convicted or\nfound guilty by a court in Australia of an offence against the law of\nany jurisdiction.\n(2) The person is not eligible to apply for, or be issued with, another\nrestricted licence for the remainder of the period for which the person\nwas originally disqualified from holding or obtaining a driver licence.\n","sortOrder":92},{"sectionNumber":"68","sectionType":"section","heading":"When licence disqualification takes effect","content":"68 When licence disqualification takes effect\nIf a person is disqualified (whether or not by court order) from\nholding or obtaining a driver licence because of being convicted or\nfound guilty by a court in Australia of an offence against the law of\nany jurisdiction, the disqualification takes effect from the time of the\nconviction or finding or, if the court orders a later date, on the later\ndate.\n","sortOrder":93},{"sectionNumber":"69","sectionType":"section","heading":"Multiple disqualifications cumulative unless court orders","content":"69 Multiple disqualifications cumulative unless court orders\notherwise\nIf—\nholding or obtaining an Australian driver licence because of\nbeing convicted or found guilty by a court in Australia of an\noffence against the law of any jurisdiction; and\n(b) before the period of disqualification has ended, the person is\nagain so disqualified;\nthe periods of disqualification are cumulative unless a court in\nAustralia orders otherwise.\n\n","sortOrder":94},{"sectionNumber":"70","sectionType":"section","heading":"Additional powers of court","content":"70 Additional powers of court\nThe powers of a court under this division are additional to the other\npowers of the court.\n","sortOrder":95},{"sectionNumber":"71","sectionType":"section","heading":"Effect on disqualification of quashing of conviction etc","content":"71 Effect on disqualification of quashing of conviction etc\nholding or obtaining a driver licence because of being convicted\nor found guilty by a court in Australia of an offence against the\nlaw of any jurisdiction; and\n(b) the conviction or finding is quashed or set aside.\n(2) The disqualification ceases to have effect, and any driver licence\ncancelled because of the disqualification is taken not to have been so\ncancelled.\nDivision 4.3 Evidentiary provisions in relation to\nroad transport legislation\n","sortOrder":96},{"sectionNumber":"72","sectionType":"section","heading":"Certificate evidence and other evidentiary provisions","content":"72 Certificate evidence and other evidentiary provisions\n(1) A certificate that appears to be signed by or on behalf of the road\ntransport authority or the MAI commissioner, and states any of the\nfollowing matters, is evidence of:\n(a) a matter that appears in or can be worked out from the demerit\npoints register or driver licence register kept under the Road\nTransport (Driver Licensing) Act 1999;\n(b) a matter that appears in or can be worked out from (or does not\nappear in or cannot be worked out from) the registrable vehicles\nregister kept under the Road Transport (Vehicle Registration)\nAct 1999;\n\nEvidentiary provisions in relation to road transport legislation Division 4.3\n(c) a matter that appears in, or can be worked out from a person’s\ninterlock data record under the Road Transport (Driver\nLicensing) Regulation 2000;\n(d) whether a stated vehicle was or was not the nominated vehicle\nfor a stated person under the Road Transport (Driver Licensing)\nRegulation 2000, section 73X (Nomination of vehicle);\n(e) whether a stated nominated vehicle for a stated person under the\nRoad Transport (Driver Licensing) Regulation 2000,\nsection 73X (Nomination of vehicle) had or did not have a fitted\ninterlock;\n(f) whether a stated person had or did not have an interlock\nexemption with or without conditions, under the Road Transport\n(Driver Licensing) Regulation 2000, division 3A.3 (Interlock\nexemptions);\n(g) a matter that appears in, or can be worked out from, the MAI\ninsurance licence register kept under the Motor Accident\nInjuries Act 2019;\n(h) a matter that appears in or can be worked out from any other\nrecord kept by the authority under the road transport legislation.\nNote MAI commissioner—see the Motor Accident Injuries Act 2019,\n(2) A certificate that appears to be signed by or on behalf of an approved\ninterlock installer or an approved interlock service provider under the\nRoad Transport (Driver Licensing) Regulation 2000 and states that a\nmatter that appears in, or can be worked out from, a person’s interlock\ndata record under that regulation is evidence of the matter.\n(3) A certificate mentioned in subsection (1) or (2) may state a matter by\nreference to a date or period.\n(4) A certificate that appears to be signed by or on behalf of the road\ntransport authority or the MAI commissioner, and states any matter\nprescribed by regulation for this section, is evidence of the matter.\n\n(5) A court may admit as evidence a document issued under the law of\nanother jurisdiction, an external territory or foreign country that\nrelates to—\n(a) whether a person has or does not have an Australian driver\nlicence or external driver licence, the extent of the authority\ngiven by such a licence and any conditions of such a licence; or\n(b) whether a person is or was disqualified from holding or\nobtaining an Australian driver licence or external driver licence\nand the circumstances of any such disqualification; or\n(c) any offence against a law of that other jurisdiction\ncorresponding to the road transport legislation (or a provision of\nit), or against another law of that jurisdiction in relation to the\nuse of a motor vehicle or driver licensing, of which a person has\nbeen convicted or found guilty, or for which an infringement\nnotice has been served on a person, including any penalty\nimposed or other order made in relation to the offence and any\ndisqualification from holding or obtaining an Australian driver\nlicence applying to the person because of the offence; or\n(d) demerit points incurred by a person; or\n(e) anything else prescribed by regulation.\n(6) A court may admit as evidence a document that is issued under a law\nof another jurisdiction corresponding to this section and that relates\nto—\n(a) the registration or non-registration of a registrable vehicle; or\n(b) a person recorded on a register of registrable vehicles, kept\nunder the law of that jurisdiction that corresponds to the Road\nTransport (Vehicle Registration) Act 1999, as a registered\noperator of a registrable vehicle; or\n(c) the GCM, GVM, load capacity or identification of a motor\nvehicle; or\n\nEvidentiary provisions in relation to road transport legislation Division 4.3\n(d) anything else about the use of registrable vehicles or light rail\nvehicles on roads or road related areas.\n(7) A court must accept a certificate or other document mentioned in this\nsection as proof of the matters stated in it if there is no evidence to\nthe contrary.\n(8) A court may or must admit into evidence other documents prescribed\nby regulation in the circumstances prescribed by regulation.\n(9) In a proceeding in a court, proof that a registrable vehicle does not\nhave a numberplate on it issued under the Road Transport (Vehicle\nRegistration) Act 1999 is evidence that the vehicle is not registered if\nthere is no evidence to the contrary.\n(10) In this section:\nGCM—see the Road Transport (Vehicle Registration) Act 1999,\nGVM—see the Road Transport (Vehicle Registration) Act 1999,\ninfringement notice means a notice (however described) served on a\nperson under the law of another jurisdiction that gives the person the\noption of paying an amount for an offence instead of being charged\nwith the offence.\n","sortOrder":97},{"sectionNumber":"72A","sectionType":"section","heading":"Evidentiary certificate—use etc of road or road related","content":"72A Evidentiary certificate—use etc of road or road related\narea\n(1) In a proceeding under the road transport legislation, a certificate that\nappears to be signed by or on behalf of an owner of land, or a\nrepresentative of the owner, and states any of the following matters,\nis evidence of the matter:\n(a) that an area of the land is or is not a road;\n(b) that an area of the land is, or is not, open to or used by the public\nfor driving, riding or parking vehicles;\n\n(c) that a person was, on a stated date, the owner of the land, or a\nrepresentative of the owner.\n(2) A court must accept a certificate mentioned in subsection (1) as proof\nof the matters stated in it if there is no evidence to the contrary.\nowner, of land, includes the lessee or occupier of the land.\n","sortOrder":98},{"sectionNumber":"73","sectionType":"section","heading":"Acts and omissions of representatives","content":"73 Acts and omissions of representatives\n(1) In this section:\nrepresentative means—\n(a) for a corporation—an executive officer, employee or agent of\nthe corporation; or\n(b) for an individual—an employee or agent of the individual.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against the road\ntransport legislation.\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n\nProceedings for offences under road transport legislation Division 4.4\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is taken to have been done or omitted to\nbe done also by the person, unless the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n(5) An individual who is convicted of an offence cannot be punished by\nimprisonment for the offence if the individual would not have been\nconvicted of the offence without subsection (3) or (4).\nDivision 4.4 Proceedings for offences under road\ntransport legislation\n","sortOrder":99},{"sectionNumber":"74","sectionType":"section","heading":"Proceedings for offences","content":"74 Proceedings for offences\nAn offence against the road transport legislation may be prosecuted\nsummarily before the Magistrates Court.\n","sortOrder":100},{"sectionNumber":"75","sectionType":"section","heading":"Short descriptions of offences","content":"75 Short descriptions of offences\n(1) An offence against the road transport legislation is sufficiently stated\nor described in an information, summons, subpoena, warrant, notice,\norder or other document, if it is stated or described using—\n(a) the short description prescribed by regulation for the offence; or\n(b) an expression substantially the same as the short description.\n(2) This section does not affect any other way of stating or describing an\n\n","sortOrder":101},{"sectionNumber":"76","sectionType":"section","heading":"Speed inhibitor conditions","content":"76 Speed inhibitor conditions\n(1) A regulation may—\n(a) provide that any driver licence held by a person who has been\nconvicted, or found guilty, of an offence against the Road\nTransport (Safety and Traffic Management) Act 1999 prescribed\nby regulation for this section is automatically subject, or may be\nordered by a court to be subject, to a speed inhibitor condition;\nand\n(b) provide a penalty for breach of a speed inhibitor condition; and\n(c) prescribe any matter necessary or convenient to be prescribed in\nrelation to devices mentioned in subsection (2), definition of\nspeed inhibitor condition.\nspeed inhibitor condition means a condition limiting a driver licence\nto the driving of a motor vehicle to which is fitted a sealed device\npreventing the engine from propelling the vehicle at more than the\nspeed prescribed by regulation for this definition.\n","sortOrder":102},{"sectionNumber":"77","sectionType":"section","heading":"Compensation for loss of time etc","content":"77 Compensation for loss of time etc\n(1) If an information is laid by anyone (except a police officer, an\nauthorised person or the road transport authority) for an offence\nagainst the road transport legislation and the proceeding is dismissed\nor withdrawn, the court may order the person to pay to the defendant,\nas well as any costs or disbursements, compensation for loss of time\nor anything else.\n(2) Subsection (1) extends to a court hearing an appeal in the proceeding.\n\nMiscellaneous Division 4.5\n","sortOrder":103},{"sectionNumber":"78","sectionType":"section","heading":"Effect on certain cancellations of quashing of conviction","content":"78 Effect on certain cancellations of quashing of conviction\netc\n(a) a person’s driver licence is cancelled (whether or not by court\norder) because the person is convicted or found guilty by a court\nin Australia of an offence against a law of any jurisdiction; and\n(b) the conviction or finding is quashed or set aside; and\n(c) section 71 (Effect on disqualification of quashing of conviction\netc) does not apply to the cancellation.\n(2) From the time the conviction or finding is quashed or set aside, the\ndriver licence is taken not to have been so cancelled.\n","sortOrder":104},{"sectionNumber":"79","sectionType":"section","heading":"Registrar to provide particulars of convictions, orders etc","content":"79 Registrar to provide particulars of convictions, orders etc\n(1) This section applies if a court—\n(a) convicts a person, or finds a person guilty, of an offence—\n(i) against the road transport legislation; or\n(ii) of culpable driving; or\n(b) makes an order against a person under the road transport\n(2) The registrar must give particulars of the conviction, finding or order\nto the road transport authority.\n\n","sortOrder":105},{"sectionNumber":"Part 5","sectionType":"part","heading":"Further provisions about","content":"Part 5 Further provisions about\nvehicles, roads and road related\nareas\n","sortOrder":106},{"sectionNumber":"80","sectionType":"section","heading":"Power of entry for tracing stolen motor vehicles or","content":"80 Power of entry for tracing stolen motor vehicles or\ntrailers or their parts\nA police officer authorised by the chief police officer may—\n(a) at any reasonable time, enter any premises or place where the\nbusiness of carrying out repairs, resulting from accidents, to\ndamaged motor vehicles or trailers is ordinarily carried on; and\n(b) inspect any motor vehicle or trailer, or part of a motor vehicle or\ntrailer, in or on the premises or place to find out whether it is a\nstolen motor vehicle, trailer or part.\n","sortOrder":107},{"sectionNumber":"81","sectionType":"section","heading":"Use of tyre deflation devices","content":"81 Use of tyre deflation devices\n(1) The chief police officer may authorise police officers to use tyre\ndeflation devices.\n(2) Subsection (1) applies despite any other territory law that would\nprohibit or restrict the use of tyre deflation devices by police officers.\ntyre deflation devices means any device or substance designed to\ncause the deflation of vehicle tyres.\n\nOther powers Division 5.1\n","sortOrder":108},{"sectionNumber":"81A","sectionType":"section","heading":"Power to inspect interlocks in motor vehicle","content":"81A Power to inspect interlocks in motor vehicle\n(1) This section applies if a police officer or authorised person suspects\non reasonable grounds that—\n(a) a person is driving a motor vehicle on a road or road related area;\nand\n(b) the person is an interlock driver.\n(2) The police officer or authorised person may––\n(a) stop and detain the motor vehicle; and\n(b) enter the vehicle to inspect and test any interlock that is installed\nin the vehicle to find out whether the interlock––\n(i) is a fitted interlock; and\n(ii) is operating correctly or has been tampered with.\nExample––tampering\nremoving or interfering with a tamper-evident seal on the fitted\ninterlock\n(3) In exercising a power under subsection (2) in relation to a vehicle, a\npolice officer or authorised person—\n(a) may use the assistance that is necessary; and\n(b) must search the vehicle in a public place or somewhere else to\nwhich members of the public have ready access; and\n(c) must not detain the vehicle for longer than is necessary and\nreasonable to search it; and\n(d) may use the force that is necessary and reasonable in the\ncircumstances, but must not damage the vehicle by forcing open\na part of the vehicle unless—\n(i) someone apparently in charge of the vehicle has been given\na reasonable opportunity to open that part; or\n\n(ii) it is not possible to give anyone apparently in charge of the\nvehicle a reasonable opportunity to open that part.\n(4) In this section:\nfitted interlock––see the Road Transport (Driver Licensing)\ninterlock––see the Road Transport (Driver Licensing)\ninterlock driver––see the Road Transport (Driver Licensing)\n","sortOrder":109},{"sectionNumber":"82","sectionType":"section","heading":"Motor vehicles or trailers not to be used without owner’s","content":"82 Motor vehicles or trailers not to be used without owner’s\nconsent\n(1) A person must not use a motor vehicle or trailer without the owner’s\nconsent and without a reasonable excuse.\n(2) This section does not apply to—\n(a) a police officer acting in the exercise of his or her functions\nunder a territory law; or\n(b) anyone else acting with the authority, or under the direction of,\na police officer acting in the exercise of his or her functions\nunder a territory law.\n","sortOrder":110},{"sectionNumber":"83","sectionType":"section","heading":"Procuring use or hire of motor vehicle or trailer by fraud","content":"83 Procuring use or hire of motor vehicle or trailer by fraud\netc\nA person must not procure the use or hire of a motor vehicle or trailer\nby fraud or misrepresentation.\n\nWritten-off vehicles register Division 5.3\n","sortOrder":111},{"sectionNumber":"83A","sectionType":"section","heading":"Purposes of div 5.3","content":"83A Purposes of div 5.3\nThe purposes of this division are—\n(a) to curtail trade in stolen vehicles by preventing vehicle\ninformation about written-off vehicles, particularly vehicle\nidentifiers, being used to register stolen vehicles; and\n(b) to facilitate inspection of written-off vehicles that have been\nrepaired; and\n(c) to make information available to prospective purchasers about\nwhether a vehicle has previously been written-off.\n","sortOrder":112},{"sectionNumber":"83B","sectionType":"section","heading":"Definitions for div 5.3","content":"83B Definitions for div 5.3\ntotal loss—see section 83C.\nvehicle identifier means—\n(a) for a vehicle manufactured before 1 January 1989—\n(i) if the vehicle has a chassis or engine number—the number;\nor\n(ii) in any other case—any number permanently marked by the\nvehicle’s manufacturer on the vehicle for its identification;\nor\n(b) for a vehicle manufactured after 31 December 1988—\n(i) if the vehicle has a vehicle identification number allocated\nin accordance with an Australian Design Rule—the\nnumber; or\n(ii) in any other case—any number permanently marked by the\nvehicle’s manufacturer on the vehicle for its identification;\nor\n\n(c) if a number mentioned in paragraph (a) or (b) has been replaced\nby the road transport authority or an entity of another\njurisdiction that corresponds to the authority—the replacement\nnumber.\nwritten-off vehicle means—\n(a) a vehicle that is assessed by a person prescribed by regulation to\nbe a total loss; or\n(b) a vehicle that a person prescribed by regulation begins to\ndemolish or dismantle.\nwritten-off vehicles register means the written-off vehicles register\nunder section 83D.\n","sortOrder":113},{"sectionNumber":"83C","sectionType":"section","heading":"When a vehicle is a total loss","content":"83C When a vehicle is a total loss\nFor this division, a vehicle is a total loss if the vehicle has been\ndamaged by any event to the extent that its fair salvage value plus the\ncost of repairing the vehicle for use on a road or road related area\nwould be more than its fair market value immediately before the event\nthat caused the damage.\nExamples of events that may damage a vehicle\ncollision, fire, flood, accident, trespass, dismantling and demolition\n","sortOrder":114},{"sectionNumber":"83D","sectionType":"section","heading":"Written-off vehicles register","content":"83D Written-off vehicles register\n(1) The road transport authority must keep a written-off vehicles register.\n(2) The register may include information given to the road transport\nauthority under this Act and any other information the authority\nconsiders appropriate.\n(3) The register may be kept in the form of, or as part of, 1 or more\ncomputer databases or in any other form the road transport authority\nconsiders appropriate.\n\nWritten-off vehicles register Division 5.3\n(4) The road transport authority may correct any mistake, error or\nomission in the register subject to the requirements (if any) of the\nregulations.\n(5) The road transport authority may authorise a person to make entries\nin the register.\n(6) This section does not limit the functions of the road transport\nauthority in relation to the register.\n","sortOrder":115},{"sectionNumber":"83E","sectionType":"section","heading":"Security and disclosure of information in register","content":"83E Security and disclosure of information in register\nThe road transport authority must ensure that information in the\nwritten-off vehicles register is kept securely and disclosed only in\naccordance with this Act or another law in force in the ACT.\nNote 1 The Territory privacy principles apply to the road transport authority (see\nInformation Privacy Act 2014, sch 1).\nNote 2 Access to the register may be sought under the Freedom of Information\nAct 2016.\n","sortOrder":116},{"sectionNumber":"83F","sectionType":"section","heading":"Regulations about written-off vehicles","content":"83F Regulations about written-off vehicles\n(1) A regulation may make provision in relation to written-off vehicles\nand the written-off vehicles register, including—\n(a) the vehicles to which this division applies; and\n(b) when a prescribed person must give information to the road\ntransport authority about a written-off vehicle, the kind of\ninformation that must be given, and how the information is to be\ngiven; and\n(c) the disclosure of information in the register.\n\n(2) In particular, a regulation may make provision in relation to—\n(a) vehicles recorded as written-off vehicles under the law of\nanother jurisdiction; and\n(b) matters relating to notices for, and the placement of notices on,\nwritten-off vehicles; and\n(c) matters relating to the removal, defacement or destruction of\nvehicle identifiers on written-off vehicles; and\n(d) the keeping of records by prescribed people or the doing of\nanything else by prescribed people in relation to written-off\nvehicles; and\n(e) the entry of information into the written-off vehicles register by\na person or the doing of anything else in relation to the register.\n\n","sortOrder":117},{"sectionNumber":"84A","sectionType":"section","heading":"Meaning of revocation notice—pt 6","content":"84A Meaning of revocation notice—pt 6\nrevocation notice means a notice under the Crimes (Sentence\nAdministration) Act 2005, section 116M (2) that—\n(a) an arrangement for the payment of an outstanding fine has been\napproved; or\n(b) an outstanding fine has been paid; or\n(c) a fine has been remitted; or\n(d) a person has completed serving a period of imprisonment in\nrelation to an outstanding fine; or\n(e) the conviction or order that gave rise to a person’s liability to\npay a fine has been quashed or set aside.\n","sortOrder":118},{"sectionNumber":"84","sectionType":"section","heading":"Suspension of driver licence, registration etc for default","content":"84 Suspension of driver licence, registration etc for default\nof court imposed fine\n(1) This section applies if the road transport authority is notified under\nthe Crimes (Sentence Administration) Act 2005, section 116M (1) that\na person has defaulted in payment of an outstanding fine.\nNote The Crimes (Sentence Administration) Act 2005, s 116M (1) requires the\ndirector-general mentioned in that Act to notify the road transport\nauthority if a person has defaulted on a court imposed fine.\n(a) send the person a written notice (a fine enforcement notice) that\n(b) if the outstanding fine is not paid before the enforcement date in\nthe fine enforcement notice—take action under subsection (5)\n(the fine enforcement action) on the enforcement date.\n\n(3) A fine enforcement notice must state—\n(a) particulars of the default notice and the reminder notice for the\noutstanding fine to which the fine enforcement notice relates;\nand\nNote The Crimes (Sentence Administration) Act 2005, deals with default\nnotices (see s 116H (1)) and reminder notices (see s 116J (1)).\n(b) that if the person does not pay the outstanding fine before a\nstated date (the enforcement date), the authority will take fine\nenforcement action on the enforcement date; and\n(4) However, the enforcement date must not be earlier than 10 days after\nthe day the fine enforcement notice is sent to the person.\n(5) If the road transport authority is required to take fine enforcement\naction, the authority must—\n(a) suspend the person’s driver licence; or\n(b) if the person is not the holder of a driver licence but is the sole\nregistered operator of—\n(i) 1 motor vehicle—suspend the registration of the vehicle;\nor\n(ii) 2 or more motor vehicles—suspend the registration of\n1 vehicle for each outstanding fine, starting with the\nvehicle with the shortest period of registration left; or\n(c) if the person is not the holder of a driver licence and is not the\nsole registered operator of a motor vehicle—disqualify the\nperson from obtaining a driver licence; or\n\n(d) if the person is the holder of an interstate driver licence or an\nexternal driver licence—suspend the person’s right to drive a\nvehicle in the ACT.\n","sortOrder":119},{"sectionNumber":"85","sectionType":"section","heading":"Notification and duration of suspension of driver licence,","content":"85 Notification and duration of suspension of driver licence,\nregistration etc\n(1) Fine enforcement action under this part takes effect on the\nenforcement date stated in the notice sent to the person under\nsection 84 (2).\n(2) If the road transport authority takes fine enforcement action under\nsection 84 (5), the authority must send a fine enforcement\nconfirmation notice to the person that states—\n(a) the enforcement date; and\n(b) the action that was taken on the enforcement date; and\n(3) A suspension of a driver licence under this part remains in force until:\n(a) the suspension is revoked under this part; or\n(b) the licence expires or is cancelled under the road transport\n(4) A suspension of a motor vehicle registration under this part remains\nin force until—\n(a) the suspension is revoked under this part; or\n(b) the registration expires or is cancelled under the Road Transport\n(Vehicle Registration) Act 1999.\n(5) The disqualification of a person from obtaining a driver licence under\nthis part remains in force until revoked under this part.\n\n","sortOrder":120},{"sectionNumber":"86","sectionType":"section","heading":"Revocation of suspension of driver licence, registration","content":"86 Revocation of suspension of driver licence, registration\netc\n(1) If the road transport authority is given a revocation notice for a\nperson, the road transport authority must revoke the relevant\nsuspension or disqualification under this part and give the person\nwritten notice of the revocation.\n(2) The revocation does not affect—\n(a) a suspension of a driver licence; or\n(b) a suspension of a motor vehicle registration; or\n(c) a disqualification from holding or obtaining a driver licence;\nin relation to the person under another part or any other territory law.\n","sortOrder":121},{"sectionNumber":"87","sectionType":"section","heading":"Revocation of suspension on transfer of registration","content":"87 Revocation of suspension on transfer of registration\nThe road transport authority must revoke the suspension under this\npart of a motor vehicle registration if the registration is transferred\nunder the Road Transport (Vehicle Registration) Act 1999 and the\nfine defaulter is no longer the registered operator (or a registered\noperator) of the vehicle.\n","sortOrder":122},{"sectionNumber":"88","sectionType":"section","heading":"Renewal etc of driver licence or registration prohibited","content":"88 Renewal etc of driver licence or registration prohibited\n(1) If a person’s driver licence is suspended under this part, the road\ntransport authority may renew the licence, or issue another driver\nlicence to the person, only if the road transport authority has been\ngiven a revocation notice for the person.\n(2) If a motor vehicle registration in a person’s name is suspended under\nthis part, the road transport authority may renew the registration of\nthe vehicle in the person’s name only if the road transport authority\nhas been given a revocation notice for the person.\n\n(3) If a person is disqualified from obtaining a driver licence under this\npart, the road transport authority may issue a driver licence to the\nperson, or register a motor vehicle in the person’s name, only if the\nroad transport authority has been given a revocation notice for the\nperson.\n(4) A person who is not entitled to the renewal or issue of a driver licence\nbecause of subsection (1) or (3) is not entitled to apply for, or be\nissued with, a restricted licence.\n","sortOrder":123},{"sectionNumber":"89","sectionType":"section","heading":"Suspension to be concurrent","content":"89 Suspension to be concurrent\n(1) The period for which a person’s driver licence is suspended under this\npart is concurrent with any uncompleted period of driver licence\nsuspension applying to the person under another part or any other\nterritory law (the other suspension)—\n(a) subject to any order by a court in relation to the other\nsuspension; and\n(b) only if the other suspension is not a suspension under the Road\nTransport (Driver Licensing) Act 1999, division 2.3 (Demerit\npoints system).\n(2) The period for which a motor vehicle registration is suspended under\nthis part is concurrent with any uncompleted period for which the\nmotor vehicle registration is suspended under another part or any\nother territory law, subject to any order by a court in relation to the\nlastmentioned suspension.\n(3) The period for which a person is disqualified from obtaining a driver\nlicence under this part is concurrent with any uncompleted period for\nwhich the person is so disqualified under another part or any other\nterritory law, subject to any order by a court in relation to the\nlastmentioned disqualification.\n\n","sortOrder":124},{"sectionNumber":"Part 7","sectionType":"part","heading":"Notification and review of","content":"Part 7 Notification and review of\ndecisions\n","sortOrder":125},{"sectionNumber":"90","sectionType":"section","heading":"Definitions—pt 7","content":"90 Definitions—pt 7\ndecision-maker means—\n(a) the Minister; or\n(b) the road transport authority; or\n(c) the chief police officer.\ninternally reviewable decision means a decision prescribed by\nregulation, other than a decision made personally by—\n(a) the Minister; or\n(b) the chief police officer.\ninternal reviewer—see section 92A.\ninternal review notice—see the ACT Civil and Administrative\nTribunal Act 2008, section 67B (1).\nreviewable decision—see section 90A.\n","sortOrder":126},{"sectionNumber":"90A","sectionType":"section","heading":"Meaning of reviewable decision etc—pt 7","content":"90A Meaning of reviewable decision etc—pt 7\n(1) For this part, a reviewable decision is—\n(a) an internal reviewer’s decision in relation to an internally\nreviewable decision; or\n(b) a decision-maker’s decision (other than an internally reviewable\ndecision) prescribed by regulation.\n\nNotification and review of decisions Part 7\n(2) For the ACT Civil and Administrative Tribunal Act 2008, section 9\n(Applications under authorising laws), the road transport legislation\nis taken to be a single authorising law.\nroad transport legislation does not include the Motor Accident\nInjuries Act 2019.\n","sortOrder":127},{"sectionNumber":"91","sectionType":"section","heading":"Internal review notices","content":"91 Internal review notices\nIf a decision-maker makes an internally reviewable decision, the\ndecision-maker must give an internal review notice to each person\naffected by the decision.\nNote The decision-maker must also take reasonable steps to give an internal\nreview notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67B).\n","sortOrder":128},{"sectionNumber":"91A","sectionType":"section","heading":"Applications for internal review","content":"91A Applications for internal review\n(1) A person whose interests are affected by an internally reviewable\ndecision may apply to the decision-maker for review of the decision.\n(2) The application must—\n(a) be in writing; and\n(b) state the applicant’s name and address; and\n(c) set out the applicant’s reasons for making the application.\n(3) The application must be given to the decision-maker within—\n(a) 28 days after the day the applicant is given the internal review\nnotice for the decision; or\n(b) any longer period allowed by the decision-maker before or after\nthe end of the 28-day period.\nNote Section 95 provides for ACAT review of reviewable decisions that are\nnot internally reviewable decisions.\n\n","sortOrder":129},{"sectionNumber":"92","sectionType":"section","heading":"Applications not stay internally reviewable decisions","content":"92 Applications not stay internally reviewable decisions\nThe making of an application for review of an internally reviewable\ndecision does not affect the operation of the decision.\n","sortOrder":130},{"sectionNumber":"92A","sectionType":"section","heading":"Internal reviewer","content":"92A Internal reviewer\nThe decision-maker must arrange for a person (the internal reviewer)\nwho did not make the internally reviewable decision to review the\ndecision.\n","sortOrder":131},{"sectionNumber":"93","sectionType":"section","heading":"Review by internal reviewer","content":"93 Review by internal reviewer\n(1) The internal reviewer for an internally reviewable decision must\nreview the decision.\n(2) The review must happen within 28 days (the 28-day period) after the\nday the decision-maker receives the application for review of the\ninternally reviewable decision.\n(3) The internal reviewer must—\n(a) confirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and substitute the reviewer’s own decision.\n(4) If the decision is not varied or set aside within the 28-day period, the\ndecision is taken to have been confirmed by the internal reviewer.\n","sortOrder":132},{"sectionNumber":"94","sectionType":"section","heading":"Reviewable decision notices","content":"94 Reviewable decision notices\nIf an internal reviewer or decision-maker makes a reviewable\ndecision, the reviewer or decision-maker must give a reviewable\ndecision notice to each person affected by the decision.\nNote The internal reviewer or decision-maker must also take reasonable steps\nto give a reviewable decision notice to any other person whose interests\nare affected by the decision (see ACT Civil and Administrative Tribunal\nAct 2008, s 67A).\n\nNotification and review of decisions Part 7\n","sortOrder":133},{"sectionNumber":"95","sectionType":"section","heading":"Applications for review","content":"95 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) for an internal reviewer’s decision in relation to an internally\nreviewable decision—a person to whom an internal review\nnotice is required to be given in relation to the decision;\n(b) any other person whose interests are affected by the decision.\n\nPart 8 Fees, charges and other amounts payable under road transport\nPart 8 Fees, charges and other amounts\npayable under road transport\n96 Determination of fees, charges and other amounts\n(1) The Minister may determine fees, charges and other amounts payable\nunder the road transport legislation.\n(2) Without limiting subsection (1), a fee, charge or other amount may\nbe determined in relation to—\n(a) a service or facility provided under the road transport\nlegislation; or\n(b) any other service or facility provided for road users or particular\nroad users, including, for example, a service or facility for, or to\nimprove, road safety or transport efficiency; or\n(c) the grant, issue, revocation, renewal or variation of, or the doing\nof anything else in relation to, an approval, authority, certificate,\nexemption, licence, permission, permit or registration or\nanything else under the road transport legislation.\n(3) A determination is a disallowable instrument.\n(4) A reference in this part to a fee, charge or other amount includes a\nreference to a fee, charge or other amount that is a tax.\n(5) In this section:\nMinister means the Minister for the time being administering the\nprovision of the road transport legislation for which the fee, charge or\nother amount is determined.\nroad transport legislation includes the Heavy Vehicle National Law\n(ACT).\n\nDocuments Division 11.1\n","sortOrder":134},{"sectionNumber":"Div 11","sectionType":"division","heading":"1 Documents","content":"Division 11.1 Documents\n","sortOrder":135},{"sectionNumber":"225","sectionType":"section","heading":"Approved forms","content":"225 Approved forms\n(1) The road transport authority may approve forms for the road transport\n(2) If the road transport authority approves a form for a particular\npurpose, the approved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":136},{"sectionNumber":"229","sectionType":"section","heading":"Regulations may apply certain documents","content":"229 Regulations may apply certain documents\nA regulation may apply a publication of the National Transport\nCommission or any other instrument as in force from time to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n","sortOrder":137},{"sectionNumber":"230","sectionType":"section","heading":"Indemnity from personal liability for honest and good","content":"230 Indemnity from personal liability for honest and good\nfaith carrying out of duties\n(1) An individual is not civilly liable for an act or omission done honestly\nand in good faith in the exercise of a function under the road transport\n(2) A liability that would, apart from subsection (1), attach to an\nindividual attaches instead to the Territory.\n\n(3) An individual is not civilly or criminally liable for carrying out a test\nor examination under the Road Transport (Driver Licensing)\nAct 1999 and expressing to the road transport authority, in good faith,\nan opinion formed because of having carried out the test or\nexamination.\n(4) An individual is not civilly or criminally liable for reporting to the\nroad transport authority, in good faith, information that discloses or\nsuggests that—\n(a) someone else is or may be unfit to drive; or\n(b) it may be dangerous to allow someone else to hold, to be issued\nor to have renewed, a driver licence or a variation of a driver\nlicence.\n(5) This section does not apply to an individual who is—\n(a) employed by a rail transport operator; and\n(b) exercising a function under the road transport legislation in the\ncourse of that employment.\n","sortOrder":138},{"sectionNumber":"231","sectionType":"section","heading":"Person not to hinder or obstruct","content":"231 Person not to hinder or obstruct\n(1) A person must not, without reasonable excuse, hinder or obstruct a\npolice officer, an authorised person or anyone else in the exercise of\na function under the road transport legislation.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\nhinder or obstruct, a person mentioned in subsection (1), includes\nfail to give the person information requested by the person.\n\nOther matters Division 11.2\n","sortOrder":139},{"sectionNumber":"232","sectionType":"section","heading":"False or misleading statements","content":"232 False or misleading statements\nA person must not, for or in relation to the road transport legislation—\n(a) state anything to the road transport authority, a police officer or\nan authorised person that the person knows is false or misleading\nin a material particular; or\n(b) omit from a statement made to the road transport authority, a\npolice officer or an authorised person anything without which\nthe statement is, to the person’s knowledge, misleading in a\nmaterial particular.\n","sortOrder":140},{"sectionNumber":"233","sectionType":"section","heading":"General regulation-making power","content":"233 General regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) The Executive may also make regulations under this Act, not\ninconsistent with another road transport Act, prescribing matters—\n(a) required or permitted by the other road transport Act to be\nprescribed (whether or not the other road transport Act expressly\nprovides for the matters to be prescribed under this Act or that\nAct); or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to the other road transport Act.\n(3) A regulation may also prescribe offences for contraventions of a\nregulation and prescribe maximum penalties of not more than\n20 penalty units for offences against a regulation.\n(4) In this section:\nanother road transport Act means an Act (other than this Act)\nmentioned in section 6 (What is the road transport legislation?).\nNote A reference to an Act includes a reference to the statutory instruments\n\n","sortOrder":141},{"sectionNumber":"234","sectionType":"section","heading":"Regulations may exclude vehicles, people and animals","content":"234 Regulations may exclude vehicles, people and animals\nfrom Act\n(1) A regulation may—\n(a) exempt a vehicle, person or animal prescribed under the\nregulation from this Act (or a stated provision of this Act); or\n(b) authorise the road transport authority to exempt a vehicle,\nperson or animal prescribed under the regulation from this Act\n(or a stated provision of this Act).\n(2) An exemption granted under a regulation mentioned in subsection (1)\nmay be subject to conditions.\n(3) A regulation may provide for the road transport authority to—\n(a) suspend the operation of any regulation mentioned in\nsubsection (1) (a) in the way and circumstances prescribed by\nregulation; or\n(b) suspend the operation of an exemption given by the authority to\na vehicle, person or animal in the way and circumstances\nprescribed by regulation.\n","sortOrder":142},{"sectionNumber":"235","sectionType":"section","heading":"References to Motor Traffic Act, Traffic Act etc","content":"235 References to Motor Traffic Act, Traffic Act etc\n(1) In any Act, instrument made under an Act or document, a reference\nto an earlier law is, in relation to anything to which this Act applies,\na reference to this Act.\nearlier law means any of the following:\n(a) Motor Traffic Act 1936;\n(b) Motor Traffic Regulations 1934;\n(c) Motor Vehicle (Third Party Insurance) Regulations 1947;\n(d) Traffic Act 1937.\n\nOther matters Division 11.2\n","sortOrder":143},{"sectionNumber":"236","sectionType":"section","heading":"Preliminary discovery for private car park fees","content":"236 Preliminary discovery for private car park fees\n(1) The road transport authority cannot be required to comply with a\npreliminary discovery order if the purpose is—\n(a) to ascertain the identity or whereabouts of a person in order to\nstart a proceeding against the person for the recovery of a private\ncar park fee; or\n(b) otherwise in connection with starting a proceeding for recovery\nof a private car park fee.\npreliminary discovery order means an order made under the Court\nProcedures Rules 2006, division 2.8.6 or any requirement imposed\nfor a similar purpose under any other law.\nprivate car park fee—\n(a) means an amount alleged to be payable under the terms of a\ncontract, arrangement or understanding for the use of a car park;\nbut\n(b) does not include an amount alleged to be payable under the\nterms of a written contract signed by the relevant parties.\n\nPart 14 Transitional—NRMA—ACT Road Safety Trust Repeal Act 2015\nPart 14 Transitional—NRMA—ACT Road\nSafety Trust Repeal Act 2015\n304 Meaning of commencement day—pt 14\ncommencement day means the day the NRMA—ACT Road Safety\nTrust Repeal Act 2015, section 4 commences.\n","sortOrder":144},{"sectionNumber":"306","sectionType":"section","heading":"Exemption from liability","content":"306 Exemption from liability\n(1) The repealed section continues to apply to acts or omissions occurring\nbefore the termination of the trust regardless whether the acts or\nomissions occurred on or after the commencement day.\nrepealed section means the NRMA—ACT Road Safety Trust\nAct 1992, section 6 (Exemption from liability), as in force\nimmediately before the commencement day.\ntrust—see the NRMA—ACT Road Safety Trust Act 1992, dictionary,\ndefinition of trust, as in force immediately before the commencement\nday.\n(3) This section expires 15 years after the commencement day.\n","sortOrder":145},{"sectionNumber":"307","sectionType":"section","heading":"Expiry—pt 14","content":"307 Expiry—pt 14\nThis part (other than section 305) expires 15 years after the\ncommencement day.\nNote Transitional provisions are kept in the Act for a limited time.\nA transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\n(see s 4)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• administrative unit\n• Australian citizen\n• chief police officer\n• Commonwealth\n• director-general (see s 163)\n• entity\n• exercise\n• found guilty (of an offence)\n• function\n• home address\n• instrument\n• internal territory\n• public employee\n• registrar\n• reviewable decision notice\n• State\n• statutory declaration\n• the Territory.\nNote 3 This dictionary defines some key words and expressions that may not be\nused in this Act but are used in other road transport legislation.\nNote 4 If a word or expression is defined in an Act (but not a regulation or\nanother publication) included in the road transport legislation, the\ndefinition applies to each use of the word or expression in other road\ntransport legislation unless the contrary intention appears (see s 8).\n\nadministering authority, for an infringement notice offence, means\nthe entity that, under the regulations, is the administering authority\nfor the offence.\nalcohol awareness course—see the Road Transport (Driver\nLicensing) Regulation 2000, section 73I.\nall reasonable steps—\n(a) for division 3.3 (Infringement notice offences involving\nregistrable and rail vehicles)—see section 32; and\n(b) for division 3.3A (Demerit points offences—corporation’s\nliability)—see section 41.\nanother jurisdiction means a jurisdiction other than the ACT.\napproved community work or social development program, for\npart 3 (Infringement notices for certain offences)—see section 21A.\nAustralian Design Rule—see the Road Transport (Vehicle\nRegistration) Regulation 2000, schedule 1 (Light vehicle standards),\nsection 1.10.\nAustralian driver licence—see the Road Transport (Driver\nLicensing) Act 1999, dictionary.\nauthorised person means—\n(a) for part 3 (Infringement notices for certain offences)—see\nsection 53A (3); and\n(b) in any other case—\n(i) a person who is appointed as an authorised person under\nsection 19 for the provision; or\n(ii) a person who, under the regulations, is an authorised\nperson for the provision.\nautomatic disqualification provision, for division 4.2 (Licence\nsuspension, disqualification and related matters)—see section 61A.\n\nbicycle means a vehicle with 2 or more wheels that is built to be\npropelled by human power through a belt, chain or gears (whether or\nnot it has an auxiliary motor) and—\n(a) includes a pedicab, penny-farthing and tricycle; and\n(b) includes a power-assisted pedal cycle within the meaning of the\nnational road vehicle standards determined under the Road\nVehicle Standards Act 2018 (Cwlth), section 12; but\n(c) does not include—\n(i) a wheelchair, wheeled recreational device or wheeled toy;\nor\n(ii) a vehicle (other than a vehicle mentioned in paragraph (b))\nwith an electric motor capable of generating a power output\nover 200W (whether or not the motor is operating); or\n(iii) a vehicle that has an internal combustion engine; or\n(iv) a personal mobility device.\ncombination means a group consisting of a motor vehicle connected\nto 1 or more other vehicles.\nconditional licence—see the Road Transport (Driver Licensing)\ncorporation’s vehicle, for division 3.3A (Demerit points offences—\ncorporation’s liability)—see section 40.\ncredit card includes a debit card.\ndate of service, of an infringement notice or reminder notice that has\nbeen, or is to be, served on a person, means the date the notice is\nserved on the person.\ndecision-maker, for part 7 (Notification and review of decisions)—\nsee section 90.\ndemerit points offence—see the Road Transport (Driver Licensing)\nAct 1999, section 13.\n\ndrive, a vehicle, includes—\n(a) be in control of the steering, movement or propulsion of the\nvehicle; and\n(b) if the vehicle is a trailer—draw or tow the vehicle; and\n(c) if the vehicle can be ridden—ride the vehicle.\ndriver, of a vehicle, means the person driving the vehicle.\ndriver licence—see the Road Transport (Driver Licensing) Act 1999,\ndriver licence receipt—see the Road Transport (Driver Licensing)\ndriver trainer, for division 4.2 (Licence suspension, disqualification\nand related matters)––see section 61A.\ndrug awareness course—see the Road Transport (Driver Licensing)\nRegulation 2000, section 73R.\nexecutive officer, of a corporation, means a person, however\ndescribed and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\nexternal driver licence—see the Road Transport (Driver Licensing)\nNote An external driver licence is a foreign driver licence or an external\nterritory driver licence.\nfirst offender—\n(a) for section 60 (Police officer or authorised person may require\npeople to disclose identity of driver)—see section 60A; and\n(b) for division 4.2 (Licence suspension, disqualification and\nrelated matters)—see section 61AA.\nheavy vehicle infringement notice offence (or HVINO), for part 3\n(Infringement notices for certain offences)—see section 21A.\n\nHVINO—see heavy vehicle infringement notice offence.\nillegal user declaration, for part 3 (Infringement notices for certain\nimmediate suspension notice (or suspension notice), for division 4.2\n(Licence suspension, disqualification and related matters)—see\nsection 61A.\nimmediate suspension offence (or suspension offence), for\ndivision 4.2 (Licence suspension, disqualification and related\nmatters)—see section 61A.\ninfringement notice—see section 24 (7) (Infringement notices).\ninfringement notice declaration, for part 3 (Infringement notices for\ninfringement notice management plan, for part 3 (Infringement\nnotices for certain offences)—see section 31A.\ninfringement notice offence means an offence prescribed by\nregulation as an infringement notice offence.\ninfringement notice penalty, for a person for an infringement notice\noffence, means—\n(a) the amount prescribed by regulation as the penalty payable by\nthe person for the offence under an infringement notice for the\noffence; or\n(b) if a reminder notice has also been served on the person for the\noffence—the total of the amount mentioned in paragraph (a) and\nthe amount prescribed by regulation as the amount payable by\nthe person for the cost of serving the reminder notice.\ninternally reviewable decision, for part 7 (Notification and review of\ndecisions)—see section 90.\ninternal reviewer, for part 7 (Notification and review of decisions)—\nsee section 92A.`\n\ninternal review notice for part 7 (Notification and review of\ndecisions)—see the ACT Civil and Administrative Tribunal Act 2008,\nsection 67B (1).\njurisdiction means a State, the Commonwealth or an internal\nterritory, including the ACT.\nknown user declaration, for part 3 (Infringement notices for certain\nlearner licence—see the Road Transport (Driver Licensing)\nlight rail—\n(a) means a system of transport for public passengers using\nlightweight rail and rolling stock; and\n(b) includes tracks, catenaries, supports for tracks and catenaries,\nstops, pedestrian access to stops, signalling facilities and\nsignalling equipment.\nlight rail vehicle means a motor vehicle built to be used on light rail.\nMAI policy—see the Motor Accident Injuries Act 2019, section 286.\nmotor vehicle means a vehicle built to be propelled by a motor that\nforms part of the vehicle, but does not include a personal mobility\ndevice.\nNational Transport Commission—see the National Transport\nCommission Act 2003 (Cwlth), section 5.\noffence of culpable driving, for a person, means—\n(a) an offence against the Crimes Act 1900, section 29 (Culpable\ndriving); or\n(b) any other offence against the Crimes Act 1900 if a necessary fact\nto constitute the offence is that someone dies or is injured\nbecause of, or as a result of, the way a person drove a motor\nvehicle.\n\npermanent resident means—\n(a) a person who holds a permanent visa for the Migration Act 1958\n(Cwlth), section 30; or\n(b) a New Zealand citizen who holds a special category visa under\nthe Migration Act 1958 (Cwlth), section 32.\npersonal mobility device—see the Road Transport (Road Rules)\nRegulation 2017, section 18A.\nprobationary licence—see the Road Transport (Driver Licensing)\nprovisional licence—see the Road Transport (Driver Licensing)\nrail transport operator—see the Rail Safety National Law (ACT),\nsection 4.\nregistered, for a vehicle, means registered under the Road Transport\n(Vehicle Registration) Act 1999.\nregistered operator—see the Road Transport (Vehicle Registration)\nregistrable or rail vehicle, for part 3 (Infringement notices for certain\nregistrable vehicle—see the Road Transport (Vehicle Registration)\nrelevant circumstances, of a person, for part 3 (Infringement notices\nfor certain offences)—see section 21A.\nreminder notice—see section 27 (2) (Reminder notice—service and\ncontents).\nrepeat offender—\n(a) for section 60 (Police officer or authorised person may require\npeople to disclose identity of driver)—see section 60A; and\n\n(b) for division 4.2 (Licence suspension, disqualification and\nrelated matters)—see section 61AA.\nresponsible director-general, for part 3 (Infringement notices for\nresponsible person, for a vehicle—see section 10 and section 11.\nrestricted licence—see the Road Transport (Driver Licensing)\nreviewable decision, for part 7 (Notification and review of\ndecisions)—see section 90A (1).\nrevocation notice, for part 6 (Fine defaulters)—see section 84A.\nride, for the rider of a motorbike or an animal-drawn vehicle, includes\nbe in control of the vehicle.\nrider, of a vehicle that can be ridden, means the person who is riding\nthe vehicle.\nroad, for the road transport legislation or a provision of the road\ntransport legislation (the relevant legislation)—\n(a) means an area that is open to or used by the public and is\ndeveloped for, or has as 1 of its main uses, the driving or riding\nof motor vehicles; but\n(b) does not include an area that would otherwise be a road so far as\na declaration under section 12 (Power to include or exclude\nareas in road transport legislation) declares that the relevant\nlegislation does not apply to the area.\nroad related area, for the road transport legislation or a provision of\nthe road transport legislation (the relevant legislation)—\n(a) means—\n(i) an area that divides a road; or\n(ii) a footpath or nature strip adjacent to a road; or\n\n(iii) an area that is open to the public and is designated for use\nby cyclists or animals; or\n(iv) an area that is not a road and that is open to or used by the\npublic for driving, riding or parking vehicles; or\n(v) a shoulder of a road; or\n(vi) any other area that is open to or used by the public so far\nas a declaration under section 12 (Power to include or\nexclude areas in road transport legislation) declares that the\nrelevant legislation applies to the area; but\n(b) does not include an area that would otherwise be a road related\narea so far as a declaration under that section declares that the\nrelevant legislation does not apply to the area.\nroad transport authority (or authority)—see section 16.\nroad transport legislation—see section 6.\nsold vehicle declaration, for part 3 (Infringement notices for certain\nspecial driver, for division 4.2 (Licence suspension, disqualification\nand related matters)—see section 61A.\nsuspension notice—see immediate suspension notice.\nsuspension offence—see immediate suspension offence.\ntaxi—see the Road Transport (Public Passenger Services) Act 2001,\nsection 45.\ntotal loss, in relation to a vehicle for division 5.3 (Written-off vehicles\nregister)—see section 83C.\ntracked vehicle means a vehicle that moves on wheels inside endless\ntracks.\nExample—tracked vehicle\nbulldozer\n\ntrader’s plate—see the Road Transport (Vehicle Registration)\ntraffic includes vehicle and pedestrian traffic.\ntrailer means a vehicle being towed, or built to be towed, by a motor\nvehicle, but does not include a motor vehicle being towed.\nunknown user declaration, for part 3 (Infringement notices for\nuse a vehicle includes drive, park or stop the vehicle on a road or road\nrelated area.\nvehicle—\n(a) means any vehicle, including—\n(i) a tracked vehicle; and\n(ii) a light rail vehicle; and\n(iii) anything else prescribed by regulation to be a vehicle; but\n(b) does not include a vehicle (other than a light rail vehicle) that is\nused exclusively on a railway or tramway.\nvehicle identifier, for division 5.3 (Written-off vehicles register)—\nsee section 83B.\nwheelchair—see the Road Transport (Road Rules) Regulation 2017,\nwheeled recreational device—see the Road Transport (Road Rules)\nRegulation 2017, dictionary.\nwheeled toy—see the Road Transport (Road Rules) Regulation 2017,\nwritten-off vehicle, for division 5.3 (Written-off vehicles register)—\nsee section 83B.\nwritten-off vehicles register, for division 5.3 (Written-off vehicles\nregister)—see section 83B.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":146},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nRoad Transport (General) Act 1999 A1999-77\nnotified 23 December 1999 (Gaz 1999 No S65)\ns 1, s 2 commenced 23 December 1999 (IA s 10B)\nremainder commenced 1 March 2000 (Gaz 2000 No S5)\nas modified by\nRoad Transport (Offences) Regulations 2000 SL2000-11 pt 5 (as am\nby SL2000-22, SL2000-57)\nnotified 29 February 2000 (Gaz 2000 No S6)\ns 1, s 2 commenced 29 February 2000 (IA s 10B)\npt 5 commenced 1 March 2000 (s 2 and Gaz 2000 No S5)\nas amended by\nRoad Transport Legislation Amendment Act 2000 A2000-4 pt 2\nnotified 1 March 2000 (Gaz 2000 No S8)\ncommenced 1 March 2000 (s 2)\nRoad Transport Legislation Amendment Regulations SL2000-22 pt 2\nnotified 18 May 2000\ncommenced 18 May 2000 (reg 2)\nNote This regulation only amends the Road Transport (Offences)\nRegulations 2000 SL2000-11.\nRoad Transport (Offences) Regulations Amendment SL2000-57 s 6\nnotified 21 December 2000 (Gaz 2000 No S69)\ns 1, s 2 commenced 21 December 2000 (IA s 10B)\ns 6 commenced 28 December 2000 (s 2)\nNote This regulation only amends the Road Transport (Offences)\nRegulations 2000 SL2000-11.\nRoad Transport Legislation Amendment Act 2001 A2001-27 sch 3\nnotified 24 May 2001 (Gaz 2001 No 21)\ns 1, s 2 commenced 24 May 2001 (IA s 10B)\nsch 3 commenced 24 May 2001 (s 2)\n\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 340\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 340 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nRoad Transport (Public Passenger Services) Act 2001 A2001-62\npt 1.5\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\npt 1.5 commenced 1 December 2001 (s 2 and CN2001-2)\nRoad Transport (Public Passenger Services) Amendment Act 2001\nA2001-94 sch 1\nnotified LR 27 September 2001\ns 1, s 2 commenced 27 September 2001 (LA s 75 (1))\nsch 1 commenced 1 March 2002 (s 2 and CN2002-2)\nRoad Transport Legislation Amendment Act 2002 A2002-23 pt 3\nnotified LR 9 September 2002\ns 1, s 2 commenced 9 September 2002 (LA s 75 (1))\nss 10-12 commenced 10 September 2002 (s 2 (1))\ns 13, s 14 commenced 28 January 2003 (s 2 (3) and CN2002-16)\nStatute Law Amendment Act 2002 A2002-30 pt 3.68\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.68 commenced 17 September 2002 (s 2 (1))\nCivil Law (Wrongs) Act 2002 A2002-40 div 3.2.11\nnotified LR 10 October 2002\ns 1, s 2 commenced 10 October 2002 (LA s 75 (1))\ndiv 3.2.11 commenced 1 November 2002 (s 2 (2) and CN2002-13)\nStatute Law Amendment Act 2002 (No 2) A2002-49 pt 3.22\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\npt 3.22 commenced 17 January 2003 (s 2 (1))\n\nCriminal Code 2002 No 51 pt 1.18\nnotified LR 20 December 2002\ns 1, s 2 commenced 20 December 2002 (LA s 75 (1))\npt 1.18 commenced 1 January 2003 (s 2 (1))\nCivil Law (Wrongs) Amendment Act 2003 A2003-6 pt 3\nnotified LR 27 March 2003\ns 1, s 2 commenced 27 March 2003 (LA s 75 (1))\npt 3 commenced 28 March 2003 (s 2)\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 2 pt 2.81\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 2 pt 2.81 commenced 9 April 2004 (s 2 (1))\nRoad Transport (General) Amendment Act 2004 A2004-24\nnotified LR 19 May 2004\ns 1, s 2 commenced 19 May 2004 (LA s 75 (1))\nremainder commenced 20 May 2004 (s 2)\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.67\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.67 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nRoad Transport (Public Passenger Services) (Hire Cars) Amendment\nAct 2004 A2004-69 pt 5\nnotified LR 9 September 2004\ns 1, s 2 commenced 9 September 2004 (LA s 75 (1))\npt 5 commenced 9 March 2005 (s 2 and LA s 79)\nRoad Transport (General) Amendment Act 2004 A2004-73\nnotified LR 15 December 2004\ns 1, s 2 commenced 15 December 2004 (LA s 75 (1))\nremainder commenced 16 December 2004 (s 2)\n\nStatute Law Amendment Act 2005 A2005-20 sch 1 pt 1.4, sch 3 pt 3.56\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 1 pt 1.4, sch 3 pt 3.56 commenced 2 June 2005 (s 2 (1))\nRoad Transport (Third-Party Insurance) Act 2008 A2008-1 sch 1 pt 1.6\n(as am by A2008-39 s 4)\nnotified LR 26 February 2008\ns 1, s 2 commenced 26 February 2008 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 October 2008 (s 2 as am by A2008-39 s 4)\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.91\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.91 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nRoad Transport (Third-Party Insurance) Amendment Act 2008\nA2008-39\nnotified LR 22 August 2008\ns 1, s 2 commenced 22 August 2008 (LA s 75 (1))\nremainder commenced 23 August 2008 (s 2)\nNote This Act only amends the Road Transport (Third-Party\nInsurance) Act 2008 A2008-1.\nRoad Transport (Mass, Dimensions and Loading) Act 2009 A2009-22\nsch 1 pt 1.5\nnotified LR 3 September 2009\ns 1, s 2 commenced 3 September 2009 (LA s 75 (1))\nsch 1 pt 1.5 commenced 3 March 2010 (s 2 and LA s 79)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.62\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.62 commenced 17 December 2009 (s 2)\nStatute Law Amendment Act 2010 A2010-18 sch 3 pt 3.14\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 3 pt 3.14 commenced 3 June 2010 (s 2)\n\nCrimes (Sentence Administration) Amendment Act 2010 A2010-21\nsch 1 pt 1.8\nnotified LR 30 June 2010\ns 1, s 2 commenced 30 June 2010 (LA s 75 (1))\nsch 1 pt 1.8 commenced 1 July 2010 (s 2)\nRoad Transport (General) Amendment Act 2010 A2010-39 pt 2\nnotified LR 5 October 2010\ns 1, s 2 commenced 5 October 2010 (LA s 75 (1))\nss 3-5 commenced 1 December 2010 (s 2 and CN2010-16)\npt 2 remainder commenced 5 April 2011 (s 2 and LA s 79)\nRoad Transport (Alcohol and Drugs) Legislation Amendment\nAct 2010 A2010-47 pt 5\nnotified LR 25 November 2010\ns 1, s 2 commenced 25 November 2010 (LA s 75 (1))\npt 5 commenced 1 December 2010 (s 2 (2) and see Road Transport\n(Alcohol and Drugs) (Random Drug Testing) Amendment Act 2010\nA2010-27, s 2 and CN2010-15)\nRoad Transport Legislation Amendment Act 2011 A2011-14 pt 3\nnotified LR 11 May 2011\ns 1, s 2 commenced 1 May 2011 (LA s 75 (1))\npt 3 commenced 3 June 2011 (s 2 and CN2011-7)\nRoad Transport (Alcohol and Drugs) Legislation Amendment\nAct 2011 A2011-15 pt 5\nnotified LR 12 May 2011\ns 1, s 2 commenced 12 May 2011 (LA s 75 (1))\npt 5 commenced 13 May 2011 (s 2)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.135\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.135 commenced 1 July 2011 (s 2 (1))\nAct 2011 A2011-38 sch 1\nnotified LR 28 September 2011\ns 1, s 2 commenced 28 September 2011 (LA s 75 (1))\nsch 1 commenced 15 January 2012 (s 2 and CN2011-15)\n\nJustice and Community Safety Legislation Amendment Act 2011\n(No 3) A2011-49 sch 1 pt 1.9\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.9 commenced 23 November 2011 (s 2 (1))\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.48\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.48 commenced 12 December 2011 (s 2)\nRoad Transport (General) Amendment Act 2012 A2012-7\nnotified LR 3 April 2012\ns 1, s 2 commenced 3 April 2012 (LA s 75 (1))\nremainder commenced 4 April 2012 (s 2)\nRoad Transport (General) Amendment Act 2012 (No 2) A2012-16\nnotified LR 15 May 2012\ns 1, s 2 commenced 15 May 2012 (LA s 75 (1))\ns 4, ss 9-12, s 29, s 30 commenced 15 May 2014 (s 2 (2))\nremainder commenced 15 November 2012 (s 2 and LA s 79)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.39\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.39 commenced 5 June 2012 (s 2 (1))\nRoad Transport (General) (Infringement Notices) Amendment\nAct 2012 A2012-24\nnotified LR 24 May 2012\ns 1, s 2 commenced 24 May 2012 (LA s 75 (1))\nremainder commenced 24 May 2013 (s 2 (2))\nRoad Transport Legislation Amendment Act 2013 A2013-13 pt 3\nnotified LR 17 April 2013\ns 1, s 2 commenced 17 April 2013 (LA s 75 (1))\npt 3 commenced 24 May 2013 (s 2 (2) and see Road Transport\n(General) (Infringement Notices) Amendment Act 2012 A2012-24\ns 2 (2))\n\nRoad Transport (General) Amendment Act 2013 A2013-16\nnotified LR 22 May 2013\ns 1, s 2 commenced 22 May 2013 (LA s 75 (1))\nremainder commenced 23 May 2013 (s 2)\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.38\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.38 commenced 14 June 2013 (s 2)\nRoad Transport Legislation Amendment Act 2013 (No 2) A2013\nA2013-24 pt 5\nnotified LR 17 June 2013\ns 1, s 2 commenced 17 June 2013 (LA s 75 (1))\npt 5 commenced 17 June 2014 (s 2)\nJustice and Community Safety Legislation Amendment Act 2013\n(No 4) A2013-45 sch 1 pt 1.4\nnotified LR 11 November 2013\ns 1, s 2 commenced 11 November 2013 (LA s 75 (1))\nsch 1 pt 1.4 commenced 12 November 2013 (s 2)\nHeavy Vehicle National Law (Consequential Amendments) Act 2013\nA2013-52 pt 8\nnotified LR 9 December 2013\ns 1, s 2 commenced 9 December 2013 (LA s 75 (1))\npt 8 commenced 10 February 2014 (s 2 and see Heavy Vehicle\nNational Law (ACT) Act 2013 A2013-51, s 2 (1) and CN2014-2)\nRoad Transport Legislation Amendment Act 2014 A2014-25 pt 3\nnotified LR 12 June 2014\ns 1, s 2 commenced 12 June 2014 (LA s 75 (1))\ns 5 commenced 13 June 2014 (s 2 (2) (b))\npt 3 remainder commenced 13 June 2014 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 sch 1 pt 1.18\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\nsch 1 pt 1.18 commenced 17 November 2014 (s 2)\n\nStatute Law Amendment Act 2015 A2015-15 sch 3 pt 3.49\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 3 pt 3.49 commenced 10 June 2015 (s 2)\nNRMA—ACT Road Safety Trust Repeal Act 2015 A2015-26 s 4\nnotified LR 18 August 2015\ns 1, s 2 commenced 18 August 2015 (LA s 75 (1))\ns 4 commenced 19 August 2015 (s 2)\nRoad Transport Legislation Amendment Act 2015 A2015-30 pt 5\nnotified LR 21 August 2015\ns 1, s 2 commenced 21 August 2015 (LA s 75 (1))\npt 5 commenced 22 August 2015 (s 2)\nRoad Transport Legislation Amendment Act 2016 A2016-3 pt 5\nnotified LR 24 February 2016\ns 1, s 2 commenced 24 February 2016 (LA s 75 (1))\npt 5 commenced 25 February 2016 (s 2)\nRoad Transport Legislation Amendment Act 2016 (No 2) A2016-14\npt 2\nnotified LR 17 March 2016\ns 1, s 2 commenced 17 March 2016 (LA s 75 (1))\npt 2 commenced 18 March 2016 (s 2)\nFamily Violence Act 2016 A2016-42 sch 3 pt 3.19 (as am by A2017-10\ns 7)\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nsch 3 pt 3.19 commenced 1 May 2017 (s 2 (2) as am by A2017-10 s 7)\nFreedom of Information Act 2016 A2016-55 sch 4 pt 4.23 (as am by\nA2017-14 s 19)\nnotified LR 26 August 2016\ns 1, s 2 commenced 26 August 2016 (LA s 75 (1))\nsch 4 pt 4.23 commenced 1 January 2018 (s 2 as am by A2017-14\ns 19)\n\nCommercial Arbitration Act 2017 A2017-7 sch 1 pt 1.5\nnotified LR 4 April 2017\ns 1A, s 1B commenced 4 April 2017 (LA s 75 (1))\nsch 1 pt 1.5 commenced 1 July 2017 (s 1B and CN2017-1)\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 s 7\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\ns 7 commenced 30 April 2017 (s 2 (1))\nNote This Act only amends the Family Violence Act 2016\nA2016-42.\nJustice and Community Safety Legislation Amendment Act 2017\n(No 2) A2017-14 s 19, pt 17\nnotified LR 17 May 2017\ns 1, s 2 commenced 17 May 2017 (LA s 75 (1))\ns 19 commenced 24 May 2017 (s 2 (1))\npt 17 commenced 30 April 2018 (s 2 (2) (a) and see Road Transport\n(Road Rules) Regulation 2017 SL2017-43 s 2)\nNote This Act also amends the Freedom of Information Act 2016\nA2016-55.\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2017\nA2017-21 pt 4\nnotified LR 8 August 2017\ns 1, s 2 commenced 8 August 2017 (LA s 75 (1))\npt 4 commenced 15 August 2017 (s 2)\nJustice and Community Safety Legislation Amendment\nAct 2017 (No 3) A2017-38 pt 15\nnotified LR 9 November 2017\ns 1, s 2 commenced 9 November 2017 (LA s 75 (1))\npt 15 commenced 16 November 2017 (s 2 (1))\nRoad Transport Reform (Light Rail) Legislation Amendment Act 2018\nA2018-19 sch 1 pt 1.5\nnotified LR 17 May 2018\ns 1, s 2 commenced 17 May 2018 (LA s 75 (1))\nsch 1 pt 1.5 commenced 24 May 2018 (s 2)\n\nSentencing Legislation Amendment Act 2018 A2018-43 sch 1 pt 1.2\nnotified LR 8 November 2018\ns 1, s 2 commenced 8 November 2018 (LA s 75 (1))\nsch 1 pt 1.2 commenced 9 November 2018 (s 2)\nMotor Accident Injuries Act 2019 A2019-12 sch 3 pt 3.9\nnotified LR 31 May 2019\ns 1, s 2 commenced 31 May 2019 (LA s 75 (1))\nsch 3 pt 3.9 commenced 1 February 2020 (s 2 (1) and CN2019-13)\nRoad Transport Legislation Amendment Act 2019 A2019-21 pt 7\nnotified LR 8 August 2019\ns 1, s 2 commenced 8 August 2019 (LA s 75 (1))\ns 71, s 72 commenced 10 December 2019 (s 2 (3))\npt 7 remainder commenced 22 August 2019 (s 2 (4))\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.51\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.51 commenced 23 June 2021 (s 2 (1))\nAct 2021 A2021-14 sch 1 pt 1.1\nnotified LR 1 July 2021\ns 1, s 2 commenced 1 July 2021 (LA s 75 (1))\nsch 1 pt 1.1 commenced 12 August 2021 (s 2)\nRoad Transport Legislation Amendment Act 2022 A2022-3 pt 2\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\npt 2 commenced 13 April 2022 (s 2)\nRoad Transport Legislation Amendment Act 2022 (No 2) A2022-5 pt 5\nnotified LR 13 April 2022\ns 1, s 2 commenced 13 April 2022 (LA s 75 (1))\npt 5 commenced 27 April 2022 (s 2 (1))\nRoad Safety Legislation Amendment Act 2023 A2023-19 pt 4\nnotified LR 21 June 2023\ns 1, s 2 commenced 21 June 2023 (LA s 75 (1))\npt 4 commenced 22 June 2023 (s 2 (1))\n\nRoad Safety Legislation Amendment Act 2024 A2024-20 pt 5\nnotified LR 24 May 2024\ns 1, s 2 commenced 24 May 2024 (LA s 75 (1))\npt 5 commenced 25 May 2024 (s 2 (1))\nAct 2025 A2025-21 sch 1 pt 1.1\nnotified LR 12 September 2025\ns 1, s 2 commenced 12 September 2025 (LA s 75 (1))\nsch 1 pt 1.1 commenced 3 November 2025 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.82, sch 4\npt 4.155\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.82, sch 4 pt 4.155 commenced 26 November 2025 (s 2 (3),\n(9))\n\nPreliminary\npt 1 hdg note am A2001-44 amdt 1.3733; A2001-62 amdt 1.10\nom A2005-20 amdt 3.358\nName of Act\ns 1 am A2005-20 amdt 3.359; A2008-1 amdt 1.15; A2009-22\namdt 1.8; A2013-52 s 18, s 19; A2019-12 amdt 3.77,\namdt 3.78\nCommencement\ns 2 om A2001-27 amdt 3.34\nObjects of Act\ns 3 am A2005-20 amdt 3.360; A2019-21 s 36, s 37\ns 4 hdg bracketed note exp 17 September 2002 (s 5 (3))\nNotes\ns 5 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 5 am A2001-44 amdt 1.3734; A2002-30 amdt 3.717\n(2), (3) exp 17 September 2002 (s 5 (3))\nOffences against this Act—application of Criminal Code etc\ns 5A ins A2010-47 s 129\nam A2012-7 s 4; A2012-16 s 4\nWhat is the road transport legislation?\ns 6 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 6 am A2001-44 amdt 1.3735, amdt 1.3736 A2001-62 amdt 1.11;\nR4 LA (see A2001-62 amdt 1.12); A2008-1 amdt 1.16;\npars renum R21 LA\nsub A2009-22 amdt 1.9\nam A2013-52 s 20; pars renum R42 LA; A2019-12 amdt 3.79,\namdt 3.80; pars renum R66 LA\nReferences to Acts and regulations included in road transport legislation\ns 7 om A2001-44 amdt 1.3737\nApplication of definitions in other road transport legislation\ns 8 hdg bracketed note exp 17 September 2002 (s 5 (3))\nGeneral relationship with other laws\ns 9 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 9 am A2001-27 amdt 3.35; A2001-44 amdt 1.3738\n(2)-(4) exp 1 March 2002 (s 9 (4))\n\nWho is a responsible person for a vehicle\ns 10 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 10 pars renum R7 LA\nam A2005-20 amdts 3.361-3.363; A2009-22 amdt 1.10\nsub A2012-16 s 5\nam A2017-21 s 13, s 15; pars renum R57 LA; A2018-19\namdt 1.11, amdt 1.12\nRights, liabilities and obligations of multiple responsible persons\ns 11 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 11 am A2002-49 amdt 3.226; A2012-16 s 6\nPower to include or exclude areas in road transport legislation\ns 12 am A2001-44 amdt 1.3739; A2012-21 amdt 3.155; A2025-29\namdt 4.156\nPower to exclude vehicles, persons or animals from road transport\ns 13 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 13 am A2001-44 amdt 1.3740; A2012-21 amdt 3.155; A2025-29\namdt 4.156\nApplication orders and emergency orders\ns 14 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 14 am A2001-44 amdt 1.3741; A2012-21 amdt 3.155; A2019-21\ns 38; ss renum R64 LA; A2022-5 s 14, s 15; A2025-29 amdt\n4.156\nDatabase of declarations and orders made under div 2.4\ns 15 om A2001-44 amdt 1.3742\nRoad transport authority\ns 16 am A2002-30 amdt 3.718; A2011-22 amdt 1.388; A2011-49\namdt 1.17; ss renum R32 LA\nDelegation of road transport authority’s functions\ns 17 sub A2002-30 amdt 3.719\nam A2019-21 s 39\nDelegation of chief police officer’s functions\ns 18 sub A2002-30 amdt 3.719\nam A2019-21 s 40\nAuthorised people\ns 19 hdg sub A2010-18 amdt 3.31\ns 19 am A2001-27 amdt 3.36, amdt 3.37; A2002-23 s 11; A2002-30\namdt 3.720, amdt 3.721\nIdentity cards\ns 20 am A2002-23 s 12; A2009-22 amdt 1.11, amdt 1.12; A2013-52\ns 21\n\nPower not to be exercised before identity card shown\ns 21 am A2009-22 amdt 1.13; A2013-52 s 21\nDefinitions—pt 3\ns 21A ins A2012-16 s 7\nam A2019-21 s 50\ndef approved community work or social development\nprogram ins A2013-13 s 6\ndef heavy vehicle infringement notice offence (or HVINO)\nins A2013-52 s 22\nsub A2022-5 s 16\ndef illegal user declaration ins A2012-16 s 7\nam A2016-3 s 13; A2017-21 s 15; A2019-21 s 41\ndef infringement notice ins A2012-16 s 7\nsub A2021-12 amdt 3.162\ndef infringement notice declaration ins A2012-16 s 7\nam A2015-15 amdt 3.191; A2019-21 s 42\ndef infringement notice management plan ins A2013-13 s 6\ndef known user declaration ins A2012-16 s 7\nam A2016-3 s 13; A2017-21 s 16\nsub A2017-38 s 47\nam A2019-21 s 43\ndef online declaration ins A2016-3 s 14\nam A2017-21 s 17\nom A2019-21 s 44\ndef registrable or rail vehicle ins A2017-21 s 18\ndef relevant circumstances ins A2013-13 s 6\nam A2016-42 amdt 3.91; A2019-21 ss 45-47\ndef reminder notice ins A2012-16 s 7\ndef responsible director-general ins A2013-13 s 6\ndef sold vehicle declaration ins A2012-16 s 7\nam A2016-3 s 15; A2019-21 s 48\ndef unknown user declaration ins A2012-16 s 7\nam A2017-21 s 19; A2019-21 s 49\nPurpose and effect of pt 3\ns 22 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 22 am A2013-13 s 7\nRegulations about infringement notice offences\ns 23 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 23 am A2002-30 amdt 3.722; A2024-20 s 48\nInfringement and reminder notices\ndiv 3.2 hdg sub A2012-16 s 8\n\nInfringement notices\ns 24 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 24 am A2002-30 amdt 3.723; A2005-20 amdt 1.19; ss renum\nR20 LA (see A2005-20 amdt 1.20)\nam A2013-52 s 23, s 24; ss renum R42 LA; A2024-20 s 49; ss\nrenum R72 LA\nInfringement notices—contents\ns 25 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 25 sub A2012-16 s 8\nInfringement notice—payment of penalty etc\ns 26 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 26 am A2002-30 amdt 3.724; A2011-38 amdt 1.1\nam A2012-24 s 4; A2013-13 s 8; pars renum R39 LA;\nA2013-52 s 25; A2012-16 s 9\nReminder notice—service and contents\ns 27 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 27 am A2002-30 amdt 3.725\nAction on service of reminder notice—payment of penalty etc\ns 28 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 28 am A2002-30 amdt 3.725\nam A2012-24 s 5; A2013-13 s 9; pars renum R39 LA;\nA2013-52 s 26; A2012-16 s 10\nExtension of time to do things\ns 29 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 29 sub A2012-16 s 8\nExtension of time—guidelines\ns 30 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 30 sub A2012-16 s 8\nApplication for payment of penalty by instalments\ns 30A ins A2012-24 s 6\nApplication for payment of penalty by instalments—decision\ns 30B ins A2012-24 s 6\n\nApplication to discharge penalty by community work or social development\nprogram\ns 30C ins A2012-24 s 6\nApplication to discharge penalty by community work or social development\nprogram—decision\ns 30D ins A2012-24 s 6\nApproval of community work or social development program\ns 30E ins A2012-24 s 6\nApplication for waiver of penalty\ns 30F ins A2012-24 s 6\nom A2013-13 s 11\nApplication for waiver of penalty—decision\ns 30G renum as s 31G\nTime for beginning prosecution for infringement notice offence\ns 31 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 31 am A2002-30 amdt 3.726\nreloc to div 3.2 A2013-13 s 15\nam A2013-52 s 27, s 28\nInfringement notice management plans\ndiv 3.2A hdg ins A2013-13 s 10\nApplication for infringement notice management plan or addition to plan\ns 31A ins A2013-13 s 10\nApplication for infringement notice management plan or addition to plan—\ndecision\ns 31B ins A2013-13 s 10\nam A2019-21 s 51; pars renum R64 LA\nApproved community work or social development program—responsible\ndirector-general’s agreement\ns 31C ins A2013-13 s 10\nApproval of community work or social development program\ns 31D ins A2013-13 s 10\nam A2019-21 s 52; A2025-29 amdt 4.156\nEffect of refusal of application for infringement notice management plan\ns 31E ins A2013-13 s 10\n\nWaiver of infringement notice penalties\ndiv 3.2B hdg ins A2013-13 s 11\nApplication for waiver of penalty\ns 31F ins A2013-13 s 11\nApplication for waiver of penalty—decision\ns 31G (prev s 30G) ins A2012-24 s 6\nam A2013-13 s 12, s 13\nrenum as s 31G A2013-13 s 14\nam A2019-21 s 53\nEffect of refusal of application for waiver of penalty\ns 31H ins A2013-13 s 16\nGuidelines for waiver of penalty\ns 31I ins A2019-21 s 54\nInfringement notice offences involving registrable and rail vehicles\ndiv 3.3 hdg sub A2012-16 s 8; A2017-21 s 20\nMeaning of all reasonable steps—div 3.3\ns 32 am A2001-44 amdt 1.3743; A2002-30 amdt 3.727\nam A2015-15 amdt 3.192; A2017-21 s 21\nResponsible person’s obligations\ns 33 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 33 sub A2012-16 s 8\nam A2012-16 s 11; pars renum R43 LA; A2017-21 s 22\nWithdrawal of infringement notices\ndiv 3.3AA hdg ins A2017-21 s 23\nInfringement notice—application for withdrawal\ns 34 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 34 sub A2012-16 s 8\nApplication for withdrawal—decision\ns 35 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 35 am A2011-38 amdt 1.2\nam A2019-21 s 55, s 56\nInfringement notice—withdrawal\ns 36 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 36 am A2002-30 amdt 3.728; A2005-20 amdt 1.21; ss renum R20\nLA (see A2005-20 amdt 1.22); A2011-52 amdt 3.182\nam A2013-13 s 17\n\nInfringement notice—effect of withdrawal on infringement notice\ns 36A ins A2013-13 s 18\nInfringement notice—effect of refusal to withdraw\ns 37 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 37 sub A2012-16 s 8\nam A2013-13 ss 19-21\nInfringement notice—guidelines for withdrawal\ns 38 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 38 sub A2012-16 s 8\nEffect of penalty payment etc\ndiv 3.3AB hdg ins A2017-21 s 23\nInfringement notice—effect of penalty payment etc\ns 39 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 39 sub A2012-16 s 8; A2013-13 s 22\nam A2013-52 s 29, s 30; A2017-21 s 25\nDemerit points offences—corporation’s liability\ndiv 3.3A hdg ins A2012-16 s 12\nDefinitions—div 3.3A\ns 40 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 40 om A2012-16 s 8\nsub A2019-21 s 57\ndef corporation’s vehicle ins A2012-16 s 12\nam A2017-21 s 26\nom A2019-21 s 57\ndef corporation’s motor vehicle ins A2019-21 s 57\nMeaning of all reasonable steps—div 3.3A\ns 41 hdg bracketed note exp 17 September 2002 (s 5 (3))\nom A2012-16 s 8\ns 41 am A2017-21 s 27; A2019-21 s 58, s 59\nDemerit points offences—suspension of registration etc\ns 42 hdg bracketed note exp 17 September 2002 (s 5 (3))\nom A2012-16 s 8\ns 42 am A2017-21 s 28; A2019-21 s 60\n\nDemerit points offence—effect of suspension\ns 43 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 43 om A2004-15 amdt 2.171\nam A2019-21 s 60\nDemerit points offence—review of suspension\ns 43A ins A2012-16 s 12\nam A2019-21 s 60\nOffence—driving interstate corporate motor vehicle\ns 43B hdg am A2019-21 s 61\ns 43B ins A2012-16 s 12\nam A2019-21 s 61, s 62\nSuspension for nonpayment of infringement notice penalties\ns 44 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 44 am A2010-39 s 4, s 5; ss renum R27 LA; A2011-14 s 10;\nss renum R30 LA; A2012-16 s 13, s 14; A2013-13 s 23, s 24;\npars renum R39 LA; A2013-45 amdt 1.12; A2013-52 s 31,\ns 32; A2017-21 s 29\nSuspension for non-compliance with infringement notice management plan\ns 44A ins A2013-13 s 25\nam A2013-45 amdt 1.13\nNotice of suspension confirmation notice\ns 44B ins A2016-3 s 16\nEffect of suspension\ns 45 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 45 am A2019-21 s 63; ss renum R64 LA\nTransfer of registration while suspended\ns 46 hdg bracketed note exp 17 September 2002 (s 5 (3))\nRevocation of suspension—penalty paid, discharged or waived\ns 47 hdg bracketed note exp 17 September 2002 (s 5 (3))\nsub A2013-13 s 26\ns 47 am A2012-24 s 7; A2013-13 s 27\nRevocation of suspension—management plan being complied with\ns 47A ins A2012-24 s 8\nsub A2013-13 s 28\nReview of suspension\ns 48 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 48 am A2004-24 ss 4-6; ss renum R15 LA (see A2004-24 s 7)\nsub A2012-16 s 15\nam A2013-13 s 29\n\nEffect of revocation of suspension on court order\ns 49 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 49 om A2012-16 s 15\nFailure to revoke suspension on court order\ns 50 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 50 am A2004-60 amdt 1.629\nom A2012-16 s 15\nDisputing liability for infringement notice offence\ns 51 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 51 am A2002-30 amdt 3.729, amdt 3.730; A2012-16 s 16\nExtension of time to dispute liability\ns 52 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 52 om A2012-16 s 17\nProcedure if liability disputed\ns 53 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 53 am A2005-20 amdt 1.23; A2012-16 s 18, s 19; A2013-13 s 30;\nA2013-52 ss 33-36; A2017-38 s 48, s 49; A2025-29\namdt 3.296\nPresumption against responsible person\ns 53AA ins A2012-16 s 20\nam A2017-21 s 30\nAuthorised people for infringement notice offences\ns 53A hdg sub A2010-18 amdt 3.32\ns 53A ins A2002-30 amdt 3.731\nam A2013-52 ss 37-40\nDelegation of administering authority’s functions\ns 54 sub A2002-30 amdt 3.731\nam A2013-52 s 41\nWritten statements by corporations\ns 55 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 55 am A2015-15 amdt 3.193\nsub A2019-21 s 64\nEvidentiary certificates\ns 56 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 56 am A2002-30 amdt 3.732; A2013-13 s 31; pars renum R39\nLA; A2019-21 s 65\nApproval of website for online declarations\ns 57 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 57 om A2012-16 s 21\nins A2016-3 s 17\nom A2019-21 s 66\n\nPolice officer or authorised person may require name, date of birth, address\nand driver licence—driver or rider\ns 58 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 58 am A2009-22 amdt 1.14\nsub A2010-47 s 130\nam A2013-52 s 42; A2015-15 amdt 3.194; A2017-21 s 31;\nA2019-21 ss 67-69; pars renum R64 LA; A2022-5 s 17\nPolice officer or authorised person may require name, date of birth, address\nand driver licence—supervisor, instructor or assessor\ns 58A ins A2009-22 amdt 1.15\nam A2010-18 amdt 3.33\nsub A2010-47 s 130\nam A2015-15 amdt 3.194\nPolice officer or authorised person may direct removal of thing covering\nperson’s face\ns 58B ins A2012-7 s 5\nSeizure of licences\ns 59 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 59 am A2001-44 amdt 1.3744; A2011-14 ss 11-15; A2015-15\namdt 3.195\nPolice officer or authorised person may require people to disclose identity of\ndriver\ns 60 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 60 am A2013-52 s 43; A2016-14 s 4\nMeaning of first offender and repeat offender—s 60\ns 60A ins A2016-14 s 5\nam A2024-20 s 50\nProduction of driver licence to court\ns 61 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 61 am A2002-30 amdt 3.733\nLicence suspension, disqualification and related matters\ndiv 4.2 hdg sub A2010-47 s 131\nDefinitions—div 4.2\ns 61A ins A2010-47 s 131\ndef automatic disqualification provision ins A2010-47 s 131\nam A2016-14 s 6; pars renum R52 LA; A2018-43\namdt 1.2; A2024-20 s 51; pars renum R72 LA\ndef driver trainer sub A2024-20 s 52\ndef driver training ins A2011-15 s 82\ndef immediate suspension notice ins A2010-47 s 131\n\ndef immediate suspension offence ins A2010-47 s 131\nam A2011-15 s 83; A2014-25 s 5; pars renum R44 LA;\nA2016-14 ss 7-10; pars renum R52 LA; A2023-19 ss 7-9;\npars renum R71 LA; A2024-20 s 53; A2025-29 amdt 3.297\ndef interstate driver licence ins A2010-47 s 131\ndef special driver ins A2010-47 s 131\nsub A2024-20 s 54\ndef suspension notice ins A2010-47 s 131\ndef suspension offence ins A2010-47 s 131\nMeaning of first offender and repeat offender—div 4.2\ns 61AA ins A2012-7 s 6\nam A2015-30 s 9; A2016-14 s 11, s 12; pars renum R52 LA\n(3), (4) exp 4 April 2017 (s 61AA (4))\nss renum R53 LA\nam A2023-19 s 10, s 11\nImmediate suspension of licence\ns 61B ins A2010-47 s 131\nam A2011-14 s 16, s 17; pars renum R30 LA; A2015-15\namdt 3.196; A2023-19 s 12; A2024-20 s 55\nWhen a suspension notice ceases to have effect\ns 61BA ins A2024-20 s 56\nAdditional suspension notice—discontinued infringement notice\nproceedings\ns 61BB ins A2024-20 s 56\nRoad transport authority to return surrendered licence\ns 61BC ins A2024-20 s 56\nDrive while suspension notice in effect\ns 61C ins A2010-47 s 131\nFailure to surrender suspended licence\ns 61D ins A2010-47 s 131\nSurrendered licences\ns 61E ins A2010-47 s 131\nApplication for stay of suspension notice\ns 61F ins A2010-47 s 131\nDeciding application\ns 61G ins A2010-47 s 131\nAutomatic disqualification for culpable driving\ns 62 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 62 am A2001-27 amdts 3.38-3.40; A2012-7 s 7, s 8; A2022-3 s 4\n\nAutomatic disqualification for certain other driving offences\ns 63 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 63 am A2000-4 s 4; A2001-27 amdts 3.41-3.44; A2012-7 s 9,\ns 10; A2014-25 s 6, s 7; ss renum R44 LA; A2015-30 s 10;\nA2016-14 s 13, s 14; pars renum R52 LA; A2022-3 s 5, s 6;\nss renum R69 LA; A2023-19 s 13\nCourt may order disqualification for other offences\ns 64 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 64 am A2009-22 amdt 1.16\nsub A2010-47 s 132\nam A2013-52 s 44\nDisqualification until court order\ns 65 hdg bracketed note exp 17 September 2002 (s 5 (3))\nEffect of disqualification\ns 66 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 66 am A2010-47 s 133; A2012-16 s 22, s 23; A2013-13 s 32;\nA2013-24 ss 30-32\nPerson disqualified in another jurisdiction not eligible for restricted licence\ns 66A ins A2010-47 s 133\nDisqualified repeat offender not eligible for restricted licence—automatic\ndisqualification provisions\ns 67 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 67 am A2001-27 amdt 3.45; A2002-30 amdt 3.734\nsub A2010-47 s 134\nEligibility of disqualified first offender for restricted licence—automatic\ndisqualification provisions\ns 67A ins A2010-47 s 134\nam A2024-20 ss 57-61\nPerson disqualified until court order not eligible for restricted licence\ns 67B ins A2010-47 s 134\nDisqualification while holder of restricted licence\ns 67C ins A2010-47 s 134\nWhen licence disqualification takes effect\ns 68 hdg bracketed note exp 17 September 2002 (s 5 (3))\nMultiple disqualifications cumulative unless court orders otherwise\ns 69 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 69 am A2001-27 amdt 3.46\nAdditional powers of court\ns 70 hdg bracketed note exp 17 September 2002 (s 5 (3))\n\nEffect on disqualification of quashing of conviction etc\ns 71 hdg bracketed note exp 17 September 2002 (s 5 (3))\nCertificate evidence and other evidentiary provisions\ns 72 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 72 am A2008-1 amdts 1.17-1.19; A2013-24 ss 33-35; ss and pars\nrenum R45 LA; A2017-21 s 32; A2019-12 amdts 3.81-3.84\nEvidentiary certificate—use etc of road or road related area\ns 72A ins A2015-30 s 11\nProceedings for offences\ns 74 hdg bracketed note exp 17 September 2002 (s 5 (3))\nShort descriptions of offences\ns 75 am A2004-60 amdt 1.630\nSpeed inhibitor conditions\ns 76 hdg bracketed note exp 17 September 2002 (s 5 (3))\nCompensation for loss of time etc\ns 77 hdg bracketed note exp 17 September 2002 (s 5 (3))\nRegistrar to provide particulars of convictions, orders etc\ns 79 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 79 sub A2012-16 s 24\nOther powers\ndiv 5.1 hdg sub A2013-24 s 36\nPower of entry for tracing stolen motor vehicles or trailers or their parts\ns 80 hdg bracketed note exp 17 September 2002 (s 5 (3))\nUse of tyre deflation devices\ns 81 hdg bracketed note exp 17 September 2002 (s 5 (3))\nPower to inspect interlocks in motor vehicle\ns 81A ins A2013-24 s 37\nMotor vehicles or trailers not to be used without owner’s consent\ns 82 hdg bracketed note exp 17 September 2002 (s 5 (3))\nProcuring use or hire of motor vehicle or trailer by fraud etc\ns 83 hdg bracketed note exp 17 September 2002 (s 5 (3))\nWritten-off vehicles register\ndiv 5.3 hdg ins A2002-23 s 13\nPurposes of div 5.3\ns 83A ins A2002-23 s 13\nDefinitions for div 5.3\ns 83B ins A2002-23 s 13\n\nWhen a vehicle is a total loss\ns 83C ins A2002-23 s 13\nWritten-off vehicles register\ns 83D ins A2002-23 s 13\nSecurity and disclosure of information in register\ns 83E ins A2002-23 s 13\nam A2014-49 amdt 1.39; A2016-55 amdt 4.33\nRegulations about written-off vehicles\ns 83F ins A2002-23 s 13\nMeaning of revocation notice—pt 6\ns 84A ins A2010-39 s 6\nSuspension of driver licence, registration etc for default of court imposed\nfine\ns 84 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 84 am A2010-21 amdt 1.21\nsub A2010-39 s 7\nam A2011-14 s 18; A2011-22 amdt 1.389; A2013-45\namdt 1.14\nNotification and duration of suspension of driver licence, registration etc\ns 85 hdg bracketed note exp 17 September 2002 (s 5 (3))\nsub A2010-39 s 8\ns 85 am A2010-39 s 9; ss renum R28 LA\nRevocation of suspension of driver licence, registration etc\ns 86 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 86 am A2010-21 amdt 1.22, amdt 1.23; A2010-39 s 10; ss renum\nR28 LA\nRevocation of suspension on transfer of registration\ns 87 hdg bracketed note exp 17 September 2002 (s 5 (3))\nRenewal etc of driver licence or registration prohibited\ns 88 hdg bracketed note exp 17 September 2002 (s 5 (3))\nSuspension to be concurrent\ns 89 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 89 am A2019-21 s 70\nNotification and review of decisions\npt 7 hdg sub A2008-37 amdt 1.430\n\nDefinitions—pt 7\ns 90 am A2008-1 amdt 1.20\nsub A2008-37 amdt 1.430\ndef CTP arbitrator ins A2008-37 amdt 1.430\nam A2017-7 amdt 1.8\nom A2019-12 amdt 3.85\ndef decision-maker ins A2008-37 amdt 1.430\nam A2015-15 amdt 3.197; A2019-12 amdt 3.86\ndef internally reviewable decision ins A2008-37 amdt 1.430\nam A2019-12 amdt 3.87\ndef internal reviewer ins A2008-37 amdt 1.430\ndef internal review notice ins A2008-37 amdt 1.430\ndef reviewable decision ins A2008-37 amdt 1.430\nMeaning of reviewable decision etc—pt 7\ns 90A ins A2008-37 amdt 1.430\nam A2019-12 amdt 3.88\nInternal review notices\ns 91 sub A2008-37 amdt 1.430\nApplications for internal review\ns 91A ins A2008-37 amdt 1.430\nApplications not stay internally reviewable decisions\ns 92 sub A2008-37 amdt 1.430\nInternal reviewer\ns 92A ins A2008-37 amdt 1.430\nReview by internal reviewer\ns 93 sub A2008-37 amdt 1.430\nReviewable decision notices\ns 94 sub A2008-37 amdt 1.430\nApplications for review\ns 95 sub A2008-37 amdt 1.430\nDetermination of fees, charges and other amounts\ns 96 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 96 am A2001-44 amdts 1.3745-1.3747; A2002-49 amdt 3.226;\nA2008-1 amdt 1.21; A2012-21 amdt 3.155; A2013-52 s 45;\nA2015-15 amdt 3.198; A2025-29 amdt 4.156\nFees, charges and other amounts payable to Territory in accordance with\ndeterminations etc\ns 97 om A2001-44 amdt 1.3748\n\nRecovery of unpaid fees, charges and other amounts\ns 98 om A2001-44 amdt 1.3748\nRegulations may make provision about fees, charges and other amounts\ns 99 om A2001-44 amdt 1.3748\nPublic vehicles\npt 9 hdg om A2004-69 s 31\nDefinitions\ndiv 9.1 hdg om A2004-69 s 31\nDefinitions for pt 9\ns 100 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 100 om A2004-69 s 31\ndef bus om A2001-62 amdt 1.17\ndef bus operator’s licence om A2001-62 amdt 1.17\ndef bus service licence om A2001-62 amdt 1.17\ndef defined right om A2001-94 amdt 1.1\ndef private hire car am A2001-62 amdt 1.13; A2001-94\namdt 1.3\ndef private hire car operator’s licence om A2004-69 s 31\ndef public vehicle am A2001-62 amdt 1.14\nsub A2001-94 amdt 1.2\ndef restricted hire vehicle am A2001-62 amdt 1.15;\nA2001-94 amdt 1.3\ndef restricted hire vehicle operator’s licence om A2004-69\ns 31\ndef restricted taxi om A2001-94 amdt 1.1\ndef restricted taxi operator’s licence om A2001-94 amdt 1.1\ndef sightseeing vehicle operator’s licence om A2004-69\ns 31\ndef taxi am A2001-62 amdt 1.16\nsub A2001-94 amdt 1.2\nom A2002-49 amdt 3.227\ndef taxi operator’s licence om A2001-94 amdt 1.1\ndef taxi zone om A2001-94 amdt 1.1\ndef visiting bus om A2001-62 amdt 1.17\ndef visiting bus operator’s licence om A2001-62 amdt 1.17\nTaxis and restricted taxis\ndiv 9.2 hdg om A2001-94 amdt 1.4\nUse of motor vehicles as taxis\ns 101 om A2001-94 amdt 1.4\n\nDefined rights for taxi operator’s licences\ns 102 am A2001-44 amdt 1.3749\nDuration of defined rights\ns 103 om A2001-94 amdt 1.4\nTransfer of defined rights\ns 104 om A2001-94 amdt 1.4\nHolder of defined right to be issued licence\ns 105 om A2001-94 amdt 1.4\nTaxi operator’s licences\ns 106 am A2001-44 amdt 1.3750, amdt 1.3751\nLimitation on number of restricted taxi operator’s licences\ns 107 sub A2001-44 amdt 1.3752\nRestricted taxi operator’s licences\ns 108 om A2001-94 amdt 1.4\nTransfer of taxi operator’s licence\ns 109 om A2001-94 amdt 1.4\nVariation of restricted taxi operator’s licence initiated by licence holder\ns 110 om A2001-94 amdt 1.4\nVariation of restricted taxi operator’s licence initiated by road transport\nauthority\ns 111 om A2001-94 amdt 1.4\nSuspension or cancellation of licence\ns 112 om A2001-94 amdt 1.4\ns 113 om A2001-94 amdt 1.4\nOffence to not display information about maximum number of passengers\ns 114 om A2001-94 amdt 1.4\nTaxi fares\ns 115 am A2001-44 amdt 1.3753\nOffence to park taxis on road for longer than 30 minutes\ns 116 om A2001-94 amdt 1.4\nOffence to contravene condition of restricted taxi operator’s licence\ns 117 om A2001-94 amdt 1.4\n\nDisplay of restricted taxi operator’s licence\ns 118 om A2001-94 amdt 1.4\nPrivate hire cars\ndiv 9.3 hdg om A2004-69 s 31\nUse of motor vehicles as private hire cars\ns 119 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 119 om A2004-69 s 31\nPrivate hire car operator’s licences\ns 120 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 120 am A2001-44 amdt 1.3754, amdt 1.3755; A2001-94 amdt 1.5\nTransfer of private hire car operator’s licence\ns 121 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 121 am A2001-94 amdt 1.5\nSuspension or cancellation of private hire car operator’s licence\ns 122 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 122 om A2004-69 s 31\nOffence to carry more than licensed number of passengers in private hire car\ns 123 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 123 om A2004-69 s 31\nOffence to park private hire cars on road for longer than 30 minutes\ns 124 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 124 om A2004-69 s 31\nRestricted hire vehicles\ndiv 9.4 hdg om A2004-69 s 31\nUse of motor vehicles as restricted hire vehicles\ns 125 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 125 om A2004-69 s 31\nRestricted hire vehicle operator’s licences\ns 126 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 126 om A2004-69 s 31\nOffence to contravene condition of restricted hire vehicle operator’s licence\ns 127 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 127 om A2004-69 s 31\nVariation of restricted hire vehicle operator’s licence initiated by licence\nholder\ns 128 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 128 am A2001-94 amdt 1.6\n\nVariation of restricted hire vehicle operator’s licences initiated by road\ntransport authority\ns 129 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 129 am A2001-94 amdt 1.7\nRestricted hire vehicles used as private hire cars\ns 130 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 130 om A2004-69 s 31\nDisplay of restricted hire vehicle operator’s licence\ns 131 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 131 om A2004-69 s 31\nSuspension or cancellation of restricted hire vehicle operator’s licence\ns 132 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 132 om A2004-69 s 31\nOffence to carry more than licensed number of passengers in restricted hire\nvehicle\ns 133 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 133 om A2004-69 s 31\nOffence to park restricted hire vehicles on road for longer than 30 minutes\ns 134 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 134 om A2004-69 s 31\nSightseeing vehicles\ndiv 9.5 hdg om A2004-69 s 31\nSightseeing vehicle operator’s licences\ns 135 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 135 om A2004-69 s 31\nSightseeing vehicle must only carry sightseers\ns 136 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 136 om A2004-69 s 31\nBuses\ndiv 9.6 hdg om A2001-62 amdt 1.18\nUse of motor vehicles as buses\ns 137 om A2001-62 amdt 1.18\nBus operator’s licences\ns 138 om A2001-62 amdt 1.18\nTransfer of bus operator’s licence\ns 139 om A2001-62 amdt 1.18\ns 140 om A2001-62 amdt 1.18\n\nOffence not to display information about maximum number of passengers\ns 141 om A2001-62 amdt 1.18\nBus Services\ndiv 9.7 hdg om A2001-62 amdt 1.18\nBus service licences\ns 142 om A2001-62 amdt 1.18\nVariation of bus service licence initiated by licence holder\ns 143 om A2001-62 amdt 1.18\nTransfer of bus service licences\ns 144 om A2001-62 amdt 1.18\nLicence holder must tell road transport authority when stopping service etc\ns 145 om A2001-62 amdt 1.18\nBus fares\ns 146 om A2001-62 amdt 1.18\nBus fares must be displayed\ns 147 om A2001-62 amdt 1.18\nOffence to contravene condition of bus service licence\ns 148 om A2001-62 amdt 1.18\nVisiting buses\ndiv 9.8 hdg om A2001-62 amdt 1.18\nVisiting bus operator’s licence\ns 149 om A2001-62 amdt 1.18\ns 150 om A2001-62 amdt 1.18\nOffence to contravene condition of visiting bus operator’s licence\ns 151 om A2001-62 amdt 1.18\nCertain people to have use, control and management of vehicles\ndiv 9.9 hdg om A2004-69 s 31\nCertain people to have use, control and management of vehicles\ns 152 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 152 am A2001-94 amdt 1.8, amdt 1.9\nOther matters\ndiv 9.10 hdg om A2004-69 s 31\nFire extinguisher to be carried\ns 153 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 153 om A2004-69 s 31\n\nDangerous or offensive articles\ns 154 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 154 om A2004-69 s 31\nUnauthorised use of motor vehicles\ns 155 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 155 am A2001-62 amdt 1.19, amdt 1.20; A2001-94 amdt 1.10\nRefusal, cancellation or suspension of licences or registration etc\ns 156 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 156 am A2001-62 amdt 1.21; A2001-94 amdt 1.11, amdt 1.12\nRegulations about public vehicles\ns 157 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 157 am A2002-49 amdt 3.228\nPreliminary\ndiv 10.1 hdg om A2008-1 amdt 1.22\nDefinitions for pt 10\ns 158 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 158 om A2008-1 amdt 1.22\ndef issue am A2001-27 amdt 3.47\ndef public vehicle am A2001-62 amdt 1.22; A2001-94\namdt 1.13\nsub A2004-69 s 32\ndef public vehicle policy sub A2001-27 amdt 3.48\nMeaning of owner for pt 10\ns 159 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 159 om A2008-1 amdt 1.22\nApplication of pt 10 to motor vehicles with trader’s plate\ns 160 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 160 om A2008-1 amdt 1.22\nApplication of pt 10 to Territory and Commonwealth motor vehicles\ns 161 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 161 am A2001-27 amdt 3.49\nCompulsory insurance\ndiv 10.2 hdg om A2008-1 amdt 1.22\n\nThird-party insurance compulsory\ns 162 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 162 om A2008-1 amdt 1.22\nThird-party policies\ns 163 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 163 om A2008-1 amdt 1.22\nTaking out and duration of third-party insurance\ndiv 10.3 hdg om A2008-1 amdt 1.22\nIssue of certificates of third-party insurance\ns 164 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 164 om A2008-1 amdt 1.22\nThird-party insurance required for registration of motor vehicle\ns 165 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 165 om A2008-1 amdt 1.22\nThird-party insurance required for issue of trader’s plate\ns 166 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 166 om A2008-1 amdt 1.22\nBeginning and duration of third-party policy\ns 167 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 167 am A2001-27 amdt 3.50\nCancellation of third-party policies etc\ns 168 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 168 om A2008-1 amdt 1.22\nIndemnity under third-party policy\ndiv 10.4 hdg om A2008-1 amdt 1.22\nIndemnification of insured people\ns 169 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 169 om A2008-1 amdt 1.22\nExtension of indemnity provided\ns 170 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 170 am A2002-40 amdt 3.35\nRisks not insured under third-party policies\ns 171 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 171 am A2003-6 s 6; A2004-73 s 4, s 5\nnote exp 31 December 2004 (s 236)\n\nEffect of nonpayment of correct premium\ns 172 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 172 om A2008-1 amdt 1.22\nOther matters relating to third-party policies\ndiv 10.5 hdg om A2008-1 amdt 1.22\nEffect of change of ownership of motor vehicle or trader’s business\ns 173 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 173 om A2008-1 amdt 1.22\nNotice of change of registered particulars about motor vehicles etc\ns 174 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 174 om A2008-1 amdt 1.22\nRights of authorised insurer against unauthorised drivers\ns 175 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 175 om A2008-1 amdt 1.22\nTrader’s policy to apply to insured motor vehicles\ns 176 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 176 om A2008-1 amdt 1.22\nObtaining third-party policy by false statements\ns 177 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 177 om A2008-1 amdt 1.22\nProceedings by or against nominal defendant\ns 178 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 178 om A2008-1 amdt 1.22\nNominal defendant scheme for uninsured and unidentified motor vehicles\ndiv 10.6 hdg om A2008-1 amdt 1.22\nAction against nominal defendant if vehicle uninsured\ns 179 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 179 om A2008-1 amdt 1.22\nAction against nominal defendant if vehicle not identified\ns 180 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 180 am A2003-6 s 6\n(1) note exp 31 December 2004 (s 236)\nNotice of claims against nominal defendant\ns 181 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 181 om A2008-1 amdt 1.22\nNominal defendant not personally liable\ns 182 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 182 om A2008-1 amdt 1.22\n\nPayments of amounts for nominal defendant\ns 183 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 183 om A2008-1 amdt 1.22\nRecovery by nominal defendant from owner or driver\ns 184 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 184 om A2008-1 amdt 1.22\nPayment of recovered amounts by nominal defendant\ns 185 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 185 om A2008-1 amdt 1.22\nCosts of medical, surgical and hospital treatment\ndiv 10.7 hdg om A2008-1 amdt 1.22\nLiability of authorised insurer and nominal defendant for costs of treatment\ns 186 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 186 om A2008-1 amdt 1.22\nApportionment of costs of treatment\ns 187 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 187 om A2008-1 amdt 1.22\nReduction of liability for treatment\ns 188 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 188 om A2008-1 amdt 1.22\nThird-party claims\ndiv 10.8 hdg om A2008-1 amdt 1.22\nNotice of accidents\ns 189 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 189 om A2008-1 amdt 1.22\nNotice of claims against authorised insurer\ns 190 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 190 om A2008-1 amdt 1.22\nAdmission of liability by owner or driver etc\ns 191 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 191 om A2008-1 amdt 1.22\nOwner and driver to notify authorised insurer of claims etc\ns 192 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 192 om A2008-1 amdt 1.22\nCopy of originating process to be served on authorised insurer\ns 193 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 193 om A2008-1 amdt 1.22\nFailure to allow examination by doctor\ns 194 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 194 om A2008-1 amdt 1.22\n\nPower of authorised insurer to act for insured person\ns 195 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 195 om A2008-1 amdt 1.22\nPresumption of agency\ns 196 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 196 am A2002-40 amdt 3.36, amdt 3.37\nAction against authorised insurer if insured dead or unable to be served\ns 197 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 197 om A2008-1 amdt 1.22\nProof of inability to serve process etc\ns 198 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 198 om A2008-1 amdt 1.22\nRecovery by authorised insurer from owner or driver\ns 199 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 199 om A2008-1 amdt 1.22\nEntry of judgment against authorised insurer\ns 200 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 200 om A2008-1 amdt 1.22\nEffect of payment by authorised insurer\ns 201 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 201 om A2008-1 amdt 1.22\nActions to be tried without jury\ns 202 om A2002-40 amdt 3.38\nOther matters relating to third-party claims\ndiv 10.9 hdg om A2008-1 amdt 1.22\nCourt to apportion damages\ns 203 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 203 om A2008-1 amdt 1.22\nConviction etc not to affect civil remedy\ns 204 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 204 om A2008-1 amdt 1.22\nAuthorised insurers\ndiv 10.10 hdg om A2008-1 amdt 1.22\nOffence—unapproved insurer\ns 205 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 205 sub A2001-27 amdt 3.51\n\nApplication for approval as authorised insurer\ns 206 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 206 om A2008-1 amdt 1.22\nDecision on application for approval\ns 207 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 207 om A2008-1 amdt 1.22\nDuration of approval\ns 208 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 208 om A2008-1 amdt 1.22\nCancellation of approval\ns 209 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 209 om A2008-1 amdt 1.22\nSurrender of approval\ns 210 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 210 om A2008-1 amdt 1.22\nEffect of cancellation of approval on existing policies etc\ns 211 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 211 om A2008-1 amdt 1.22\nInformation to be supplied by authorised insurers\ns 212 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 212 am A2001-27 amdt 3.52\nGuidelines about Minister’s powers under div 10.10\ns 213 am A2001-44 amdt 1.3756, amdt 1.3757\nMaximum rates of premiums that may be charged\ns 214 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 214 am A2005-20 amdt 3.364, amdt 3.365\nNominal defendant\ndiv 10.11 hdg om A2008-1 amdt 1.22\nAppointment of nominal defendant\ns 215 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 215 am A2002-30 amdt 3.735\nAnnual report\ns 216 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 216 om A2008-1 amdt 1.22\n\nAdditional insurance for public vehicles\ndiv 10.12 hdg sub A2001-27 amdt 3.53\nMeaning of accredited operator\ns 216A ins A2004-69 s 33\nPublic vehicle insurance compulsory\ns 217 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 217 sub A2001-27 amdt 3.53\nam A2004-69 s 34\nPublic vehicle policies\ns 218 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 218 sub A2001-27 amdt 3.53\nam A2004-69 s 35\nIssue of public vehicle insurance certificates and policies\ns 219 om A2001-27 amdt 3.53\nPublic vehicle insurance required for registration of public vehicles\ns 220 om A2001-27 amdt 3.53\nCommencement and duration of public vehicle policy\ns 221 om A2001-27 amdt 3.53\nMiscellaneous\ndiv 10.13 hdg om A2008-1 amdt 1.22\nNo contracting out of pt 10\ns 222 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 222 om A2008-1 amdt 1.22\nCertificate evidence\ns 223 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 223 am A2001-27 amdt 3.54, amdt 3.55\nPolice officer or authorised person may require evidence of insurance\ns 224 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 224 om A2008-1 amdt 1.22\nApproved forms\ns 225 am A2001-44 amdt 1.3758, amdt 1.3759; A2002-30\namdt 3.736; A2012-21 amdt 3.155; A2025-29 amdt 4.156\nService of documents etc on people generally\ns 226 om A2002-30 amdt 3.737\n\nServing documents etc on road transport authority\ns 227 om A2002-30 amdt 3.737\nFalse, misleading or incomplete documents\ns 228 om A2004-15 amdt 2.171\nRegulations may apply certain documents\ns 229 sub A2002-30 amdt 3.738\nam A2004-15 amdt 1.36\nsub A2005-20 amdt 3.366; A2022-5 s 18\nIndemnity from personal liability for honest and good faith carrying out of\nduties\ns 230 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 230 am A2017-211 s 33\nPerson not to hinder or obstruct\ns 231 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 231 am A2012-16 s 25\nGeneral regulation-making power\ns 233 hdg bracketed note exp 17 September 2002 (s 5 (3))\ns 233 am A2001-44 amdt 1.3760, amdt 1.3761; A2002-30\namdt 3.739; A2025-29 amdt 4.156\nRegulations may exclude vehicles, people and animals from Act\ns 234 hdg bracketed note exp 17 September 2002 (s 5 (3))\nReferences to Motor Traffic Act, Traffic Act etc\ns 235 sub A2004-69 s 36\nTransitional\npt 12 hdg exp 1 June 2001 (s 296)\nGeneral\ndiv 12.1 hdg exp 1 June 2001 (s 296)\nExpiry of certain notes\ns 236 exp 1 June 2001 (s 296)\nins A2003-6 s 7\nexp 31 December 2004 (s 236)\nins A2015-30 s 12\nTransitional regulations\ns 237 exp 1 June 2001 (s 296)\nModification of pt 12’s operation\ns 238 exp 1 June 2001 (s 296)\nService of infringement notices for parking infringements and offences\nunder former Acts\ns 238A ins as mod SL2000-11 reg 22A (as ins by SL2000-22 reg 3)\nexp 1 June 2001 (SL2000-11 reg 24 (2)))\n\nInfringement notices under Motor Traffic Act and Motor Vehicles\n(Dimensions and Mass) Act\ndiv 12.2 hdg exp 1 June 2001 (s 296)\nExisting infringement notices\ns 239 (3)-(6) ins as mod SL2000-11 reg 22 (as renum SL2000-57\nreg 6)\n(3)-(6) exp 1 June 2001 (SL2000-11 reg 24 (2))\nExisting reminder and final notices\ns 240 exp 1 June 2001 (s 296)\nExisting applications for withdrawal of infringement notices\ns 241 exp 1 June 2001 (s 296)\nExisting notices disputing liability under infringement notices\ns 242 exp 1 June 2001 (s 296)\nSuspension in force under Motor Traffic Act\ns 243 exp 1 June 2001 (s 296)\nRevocation of suspension on court order etc\ns 244 exp 1 June 2001 (s 296)\nService of infringement notices etc\ns 244A ins as mod SL2000-11 reg 22\nexp 1 June 2000 (SL2000-11 reg 24 (1))\nApplication to court for failure to revoke suspension on court order\ns 245 exp 1 June 2001 (s 296)\nPublic vehicles\ndiv 12.3 hdg exp 1 June 2001 (s 296)\nDefinitions\nsubdiv 12.3.1 hdg exp 1 June 2001 (s 296)\nDeclarations for definition of motor omnibus\ns 246 exp 1 June 2001 (s 296)\nTaxis (including restricted taxis)\nsubdiv 12.3.2 hdg exp 1 June 2001 (s 296)\nDetermination of reserved price\ns 247 exp 1 June 2001 (s 296)\nDetermination about maximum number of defined rights\ns 248 exp 1 June 2001 (s 296)\nDefined rights\ns 249 exp 1 June 2001 (s 296)\nExisting taxi licences\ns 250 exp 1 June 2001 (s 296)\n\nDetermined fee for taxi licence\ns 251 exp 1 June 2001 (s 296)\nNon-transferable taxi licences\ns 252 exp 1 June 2001 (s 296)\nDetermination about maximum number of taxi licences\ns 253 exp 1 June 2001 (s 296)\nDetermination about maximum number of restricted taxi licences\ns 254 exp 1 June 2001 (s 296)\nExisting restricted taxi licences\ns 255 exp 1 June 2001 (s 296)\nApplication to transfer taxi licence\ns 256 exp 1 June 2001 (s 296)\nApplication for variation of restricted taxi licence\ns 257 exp 1 June 2001 (s 296)\nVariation of restricted taxi licence otherwise than on application\ns 258 exp 1 June 2001 (s 296)\nSuspension of licences\ns 259 exp 1 June 2001 (s 296)\nDetermination about maximum taxi fares\ns 260 exp 1 June 2001 (s 296)\nPrivate hire cars\nsubdiv 12.3.3 hdg exp 1 June 2001 (s 296)\nExisting private hire car licences\ns 261 exp 1 June 2001 (s 296)\nApplication to transfer private hire car licence\ns 262 exp 1 June 2001 (s 296)\nMedical certificate concerning operator\ns 263 exp 1 June 2001 (s 296)\nSuspension of private hire car licence\ns 264 exp 1 June 2001 (s 296)\nRestricted hire vehicles\nsubdiv 12.3.4 hdg exp 1 June 2001 (s 296)\nExisting restricted hire vehicle licences\ns 265 exp 1 June 2001 (s 296)\nApplication for variation of restricted hire vehicle licence\ns 266 exp 1 June 2001 (s 296)\n\nVariation of restricted hire vehicle licence otherwise than on application\ns 267 exp 1 June 2001 (s 296)\nSuspension of restricted hire vehicles licence\ns 268 exp 1 June 2001 (s 296)\nSightseeing vehicles\nsubdiv 12.3.5 hdg exp 1 June 2001 (s 296)\nExisting licences for sightseeing vehicles\ns 269 exp 1 June 2001 (s 296)\nConditions determined by Minister\ns 270 exp 1 June 2001 (s 296)\nBuses\nsubdiv 12.3.6 hdg exp 1 June 2001 (s 296)\nExisting motor omnibus licences\ns 271 exp 1 June 2001 (s 296)\nApplication for transfer of motor omnibus licence\ns 272 exp 1 June 2001 (s 296)\nBus services\nsubdiv 12.3.7 hdg exp 1 June 2001 (s 296)\nApplication for motor omnibus service licence\ns 273 exp 1 June 2001 (s 296)\nExisting motor omnibus service licences\ns 274 exp 1 June 2001 (s 296)\nRequest for variation of motor omnibus service licence\ns 275 exp 1 June 2001 (s 296)\nMinister’s approval for variation of motor omnibus service licence\ns 276 exp 1 June 2001 (s 296)\nApplication for transfer of bus service licence\ns 277 exp 1 June 2001 (s 296)\nMaximum bus fares\ns 278 exp 1 June 2001 (s 296)\nVisiting buses\nsubdiv 12.3.8 hdg exp 1 June 2001 (s 296)\nExisting visiting motor omnibus licences\ns 279 exp 1 June 2001 (s 296)\nOther matters\nsubdiv 12.3.9 hdg exp 1 June 2001 (s 296)\n\nSuspension of licences under s 31 of the Motor Traffic Act\ns 280 exp 1 June 2001 (s 296)\nSuspension of licences under s 104 of the Motor Traffic Act\ns 281 exp 1 June 2001 (s 296)\nCompulsory vehicle insurance\ndiv 12.4 hdg exp 1 June 2001 (s 296)\nExisting authorised insurers etc\ns 282 exp 1 June 2001 (s 296)\nExisting third-party policies\ns 283 exp 1 June 2001 (s 296)\nExisting public vehicle policies\ns 284 exp 1 June 2001 (s 296)\nExisting nominal defendant etc\ns 285 exp 1 June 2001 (s 296)\nPayment of amounts to, and recovery of amounts by, nominal defendant etc\ns 286 exp 1 June 2001 (s 296)\nMiscellaneous\ndiv 12.5 hdg exp 1 June 2001 (s 296)\nRoad transport authority may act in name of registrar\ns 287 exp 1 June 2001 (s 296)\nRoad transport authority may give effect to decisions of registrar etc\ns 288 exp 1 June 2001 (s 296)\nReview of decisions of registrar\ns 289 exp 1 June 2001 (s 296)\nCourt order for disqualification\ns 290 exp 1 June 2001 (s 296)\nEffect of disqualification before commencement\ns 291 exp 1 June 2001 (s 296)\nExisting disqualifications until court order\ns 292 exp 1 June 2001 (s 296)\nExisting suspensions and disqualifications of fine defaulters\ns 293 exp 1 June 2001 (s 296)\nAppointment of authorised persons\ns 293A ins A2001-27 amdt 3.56\nexp 1 June 2001 (s 296)\nCertificates under the Motor Traffic Act\ns 294 exp 1 June 2001 (s 296)\n\nFees and charges payable under Motor Traffic Act etc\ns 295 exp 1 June 2001 (s 296)\nExpiry of Part\ns 296 am A2001-27 amdt 3.57\nexp 1 June 2001 (s 296)\nTransitional—Road Transport (General) Amendment Act 2012 (No 2)\npt 13 hdg ins A2012-16 s 26\nMeaning of commencement day—pt 13\ns 300 ins A2012-16 s 26\nExisting infringement notice declaration\ns 301 ins A2012-16 s 26\nTransitional regulations\ns 302 ins A2012-16 s 26\nExpiry—pt 13\ns 303 ins A2012-16 s 26\nTransitional—NRMA—ACT Road Safety Trust Repeal Act 2015\npt 14 hdg ins A2015-26 s 4\nMeaning of commencement day—pt 14\ns 304 ins A2015-26 s 4\nTrust to be charitable\ns 305 ins A2015-26 s 4\nexp 19 August 2018 (s 305 (3))\nExemption from liability\ns 306 ins A2015-26 s 4\nExpiry—pt 14\ns 307 ins A2015-26 s 4\n\ndict am A2002-30 amdt 3.740; A2008-37 amdt 1.431; A2009-49\namdt 3.151; A2010-18 amdt 3.34, amdt 3.35; A2011-22\namdt 1.390; A2011-49 amdt 1.18; A2011-52 amdt 3.183;\nA2012-21 amdt 3.154; A2012-16 s 27\ndef accident om A2008-1 amdt 1.23\ndef accredited operator ins A2004-69 s 37\ndef administering authority sub A2002-30 amdt 3.741\ndef alcohol awareness course ins A2013-19 amdt 3.419\ndef all reasonable steps ins A2012-16 s 28\nsub A2012-16 s 29\nam A2017-21 s 34\ndef approved average speed detection system ins\nA2011-38 amdt 1.3\nom A2025-21 amdt 1.1\ndef approved camera detection device om A2021-14\namdt 1.1\ndef approved community work or social development\nprogram ins A2012-24 s 9\nsub A2013-13 s 33\ndef Australian Design Rule ins A2002-23 s 14\nsub A2022-5 s 19\ndef Australian Road Rules ins A2010-18 amdt 3.36\nom A2017-14 s 50\ndef Australian Transport Council sub A2005-20 amdt 3.367;\nA2010-18 amdt 3.37\nom A2022-5 s 20\ndef authorised insurer om A2008-1 amdt 1.23\ndef authorised person sub A2002-30 amdt 3.742\ndef authority om A2010-18 amdt 3.38\ndef automatic disqualification provision ins A2010-47 s 135\ndef bicycle ins A2010-18 amdt 3.39\nsub A2013-16 s 4\nam A2015-30 s 13, s 14; A2017-14 s 51; A2019-21 s 71,\ns 72; A2022-5 s 21\ndef bus om A2001-62 amdt 1.23\ndef bus operator’s licence om A2001-62 amdt 1.23\ndef bus service licence om A2001-62 amdt 1.23\ndef camera-detected offence am A2011-38 amdt 1.4\nom A2021-14 amdt 1.1\ndef certificate of insurance om A2008-1 amdt 1.23\ndef claim om A2008-1 amdt 1.23\ndef combination ins A2010-18 amdt 3.40\ndef commonwealth authority om A2008-1 amdt 1.23\ndef conditional licence ins A2010-47 s 135\ndef corporation’s vehicle ins A2012-16 s 30\n\ndef CTP arbitrator ins A2008-37 amdt 1.432\nom A2019-12 amdt 3.89\ndef decision-maker sub A2008-37 amdt 1.433\ndef defined right om A2001-94 amdt 1.14\ndef demerit points offence ins A2012-16 s 30\ndef drive ins A2010-18 amdt 3.41\ndef drive a vehicle om A2010-18 amdt 3.41\ndef driver sub A2010-18 amdt 3.42\ndef driver licence receipt ins A2010-47 s 135\ndef driver trainer ins A2011-15 s 84\ndef drug awareness course ins A2013-19 amdt 3.419\ndef executive officer sub A2010-18 amdt 3.43\ndef exercise om A2002-30 amdt 3.743\ndef first offender ins A2012-7 s 11\nsub A2016-14 s 15\ndef function om A2002-30 amdt 3.743\ndef heavy vehicle infringement notice offence (or HVINO)\nins A2013-52 s 46\nsub A2022-5 s 22\ndef home address om A2009-49 amdt 3.152\ndef hospital treatment om A2008-1 amdt 1.23\ndef HVINO ins A2022-5 s 23\ndef illegal user declaration sub A2012-16 s 31\ndef immediate suspension notice ins A2010-47 s 135\ndef immediate suspension offence ins A2010-47 s 135\ndef infringement notice am A2002-30 amdt 3.744\nsub A2012-16 s 32\nam A2013-52 s 47\ndef infringement notice declaration sub A2012-16 s 32\ndef infringement notice management plan ins A2013-13\ns 34\ndef insured motor vehicle om A2008-1 amdt 1.23\ndef insured person om A2008-1 amdt 1.23\ndef internally reviewable decision ins A2008-37 amdt 1.434\ndef internal reviewer sub A2008-37 amdt 1.435\ndef internal review notice ins A2008-37 amdt 1.436\ndef issue am A2001-27 amdt 3.58\ndef jurisdiction am A2010-18 amdt 3.44\ndef known user declaration sub A2012-16 s 33\ndef light rail ins A2017-21 s 35\ndef light rail vehicle ins A2017-21 s 35\ndef MAI policy ins A2022-5 s 23\ndef medical and surgical treatment om A2008-1 amdt 1.23\ndef motor accident om A2008-1 amdt 1.23\ndef motor vehicle sub A2017-21 s 36\n\ndef National Road Transport Commission om A2005-20\namdt 3.368\ndef National Transport Commission ins A2005-20\namdt 3.368\nsub A2010-18 amdt 3.45\ndef nominal defendant om A2008-1 amdt 1.23\ndef online declaration ins A2016-3 s 18\nom A2019-21 s 73\ndef owner om A2008-1 amdt 1.23\ndef permanent resident ins A2019-21 s 74\ndef personal mobility device ins A2017-21 s 37\nsub A2019-21 s 75\ndef private hire car om A2004-69 s 38\ndef private hire car operator’s licence om A2004-69 s 38\ndef probationary licence ins A2010-47 s 135\ndef provisional licence ins A2010-47 s 135\ndef public bus ins A2001-62 amdt 1.25\nom A2004-69 s 38\ndef public vehicle sub A2001-62 amdt 1.24; A2004-69 s 39\ndef public vehicle policy am A2001-27 amdt 3.59\ndef rail transport operator ins A2017-21 s 37\ndef registrable or rail vehicle ins A2017-21 s 37\ndef registration om A2008-1 amdt 1.23\ndef relevant circumstances ins A2013-13 s 35\ndef reminder notice sub A2012-16 s 34\ndef repeat offender ins A2012-7 s 11\nsub A2016-14 s 15\ndef responsible director-general ins A2013-13 s 35\ndef restricted hire vehicle om A2004-69 s 40\ndef restricted hire vehicle operator’s licence om A2004-69\ns 40\ndef restricted taxi om A2001-94 amdt 1.14\ndef restricted taxi operator’s licence om A2001-94\namdt 1.14\ndef reviewable decision sub A2008-37 amdt 1.437\ndef revocation notice sub A2010-39 s 11\ndef road am A2002-30 amdt 3.745\nsub A2019-21 s 76\ndef road related area am A2002-30 amdt 3.745\nsub A2019-21 s 76\ndef sightseeing vehicle operator’s licence om A2004-69\ns 40\ndef sold vehicle declaration sub A2012-16 s 35\ndef special driver ins A2010-47 s 135\ndef suspension notice ins A2010-47 s 135\n\ndef suspension offence ins A2010-47 s 135\ndef taxi sub A2001-94 amdt 1.15\nom A2004-69 s 40\nins A2010-18 amdt 3.46\ndef taxi operator’s licence om A2001-94 amdt 1.14\ndef taxi zone om A2001-94 amdt 1.1\ndef the regulations om A2001-44 amdt 1.3762\ndef third-party policy om A2008-1 amdt 1.23\ndef this Act (or the Act) om A2001-44 amdt 1.3762\ndef total loss ins A2002-23 s 14\ndef tracked vehicle ins A2013-19 amdt 3.420\ndef unidentified motor vehicle om A2008-1 amdt 1.23\ndef uninsured motor vehicle om A2008-1 amdt 1.23\ndef unknown user declaration sub A2012-16 s 36\ndef vehicle sub A2013-19 amdt 3.421; A2017-21 s 38\ndef vehicle identifier ins A2002-23 s 14\ndef visiting bus om A2001-62 amdt 1.23\ndef visiting bus operator’s licence om A2001-62 amdt 1.23\ndef wheelchair ins A2017-14 s 52\ndef wheeled recreational device ins A2017-14 s 52\ndef wheeled toy ins A2017-14 s 52\ndef written-off ins A2002-23 s 14\ndef written-off vehicles register ins A2002-23 s 14\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n1 Mar 2000\n1 Mar 2000–\nA2000-4 new Act,\namendments by\nA2000-4 and\nmodifications by\nSL2000-11\nR1 (RI)\n28 Aug 2003\n1 Mar 2000–\nA2000-4 reissue of printed\nversion\n28 Aug 2003\n18 May 2000–\n11 Sept 2001\nA2001-27 amendments to\nmodifications by\nA2000-11,\namendments by\nA2001-27 and\ncommenced expiry\n12 Sept 2001\n12 Sept 2001–\n30 Nov 2001\nA2001-44 amendments by\nA2001-44\n3 Dec 2001\n1 Dec 2001–\n28 Feb 2002\nA2001-94 amendments by\nA2001-62\n1 Mar 2002\n1 Mar 2002–\n1 Mar 2002\nA2001-94 amendments by\nA2001-94\nR6*\n2 Mar 2002\n2 Mar 2002–\n9 Sept 2002\nA2001-94 commenced expiry\n10 Sept 2002\n10 Sept 2002–\n16 Sept 2002\nA2002-23 amendments by\nA2002-23\n9 Oct 2002\n17 Sept 2002–\n31 Oct 2002\nA2002-30 amendments by\nA2002-30 and\ncommenced expiry\n\nEarlier republications 5\nfor\n1 Nov 2002\n1 Nov 2002–\n31 Dec 2002\nA2002-40 amendments by\nA2002-40\n1 Jan 2003\n1 Jan 2003–\n16 Jan 2003\nA2002-51\n17 Jan 2003\n17 Jan 2003–\n27 Jan 2003\nA2002-49\n28 Jan 2003\n28 Jan 2003–\n27 Mar 2003\nA2002-23\nR13*\n28 Mar 2003\n28 Mar 2003–\n8 Apr 2004\nA2003-6 amendments by\nA2003-6\n9 Apr 2004\n9 Apr 2004–\nA2004-15 amendments by\nA2004-15\n20 May 2004–\n15 Dec 2004\nA2004-24 amendments by\nA2004-24\n16 Dec 2004\n16 Dec 2004–\n31 Dec 2004\nA2004-73\n1 Jan 2005\n1 Jan 2005–\n9 Jan 2005\nA2004-73 commenced expiry\n10 Jan 2005\n10 Jan 2005–\n8 Mar 2005\nA2004-60\nR19*\n9 Mar 2005\n9 Mar 2005–\nA2004-69\n2 June 2005–\n30 Sept 2008\nA2005-20 amendments by\nA2005-20\n1 Oct 2008\n1 Oct 2008–\n1 Feb 2009\nA2008-37 amendments by\nA2008–1 as\nA2008-39\nR22*\n2 Feb 2009\n2 Feb 2009–\n16 Dec 2009\nA2008-39 amendments by\nA2008-37\n17 Dec 2009\n17 Dec 2009–\n2 Mar 2010\nA2009-49 amendments by\nA2009-49\n3 Mar 2010\n3 Mar 2010–\nA2009-49 amendments by\nA2009-22\n\nfor\n3 June 2010–\nA2010-18 amendments by\nA2010-18\n1 July 2010–\n30 Nov 2010\nA2010-21 amendments by\nA2010-21\n1 Dec 2010\n1 Dec 2010–\n4 Apr 2011\nA2010-47 amendments by\nA2010-39 and\nA2010-47\n5 Apr 2011\n5 Apr 2011–\nA2010-47 amendments by\nA2010-39\n13 May 2011–\nA2011-15 amendments by\nA2011-15\n3 June 2011–\nA2011-15 amendments by\nA2011-14\n1 July 2011–\n22 Nov 2011\nA2011-22 amendments by\nA2011-22\n23 Nov 2011\n23 Nov 2011–\n11 Dec 2011\nA2011-49 amendments by\nA2011-49\n12 Dec 2011\n12 Dec 2011–\n14 Jan 2012\nA2011-52 amendments by\nA2011-52\n15 Jan 2012\n15 Jan 2012–\n3 Apr 2012\nA2011-52 amendments by\nA2011-38\n4 Apr 2012\n4 Apr 2012–\nA2012-7 amendments by\nA2012-7\n5 June 2012–\n14 Nov 2012\nA2012-21 amendments by\nA2012-21\n15 Nov 2012\n15 Nov 2012–\nA2012-21 amendments by\nA2012-16\n23 May 2013–\nA2013-16 amendments by\nA2013-16\n24 May 2013–\nA2013-16 amendments by\nA2012-24 and\nA2013-13\n14 June 2013–\n11 Nov 2013\nA2013-19 amendments by\nA2013-19\n\nEarlier republications 5\nfor\n12 Nov 2013\n12 Nov 2013–\n9 Feb 2014\nA2013-45 amendments by\nA2013-45\n10 Feb 2014\n10 Feb 2014–\nA2013-52 amendments by\nA2013-52\n15 May 2014–\nA2013-52 amendments by\nA2012-16\n13 June 2014–\nA2014-25 amendments by\nA2014-25\nR45*\n17 June 2014–\n16 Nov 2014\nA2014-25 amendments by\nA2013-24\n17 Nov 2014\n17 Nov 2014–\nA2014-49 amendments by\nA2014-49\n10 June 2015–\n18 Aug 2015\nA2015-15 amendments by\nA2015-15\n19 Aug 2015\n19 Aug 2015–\n21 Aug 2015\nA2015-26 amendments by\nA2015-26\n22 Aug 2015\n22 Aug 2015–\n15 Nov 2015\nA2015-30 amendments by\nA2015-30\n16 Nov 2015\n16 Nov 2015–\n24 Feb 2016\nA2015-30 expiry of\ntransitional\nprovisions (pt 13)\n25 Feb 2016\n25 Feb 2016–\n17 Mar 2016\nA2016-3 amendments by\nA2016-3\n18 Mar 2016\n18 Mar 2016–\n4 Apr 2017\nA2016-14 amendments by\nA2016-14\n5 Apr 2017\n5 Apr 2017–\n30 Apr 2017\nA2016-14 expiry of provision\n(s 61AA (3), (4))\n1 May 2017–\nA2017-10 amendments by\nA2016-42 as\nA2017-10\n24 May 2017–\nA2017-14 updated endnotes\nas amended by\n\nfor\n1 July 2017–\n14 Aug 2017\nA2017-14 amendments by\nA2017-7\n15 Aug 2017\n15 Aug 2017–\n15 Nov 2017\nA2017-21 amendments by\nA2017-21\n16 Nov 2017\n16 Nov 2017–\n31 Dec 2017\nA2017-38\n1 Jan 2018\n1 Jan 2018–\n29 Apr 2018\nA2016-55 as\n30 Apr 2018\n30 Apr 2018–\n24 May 2018–\n19 Aug 2018\nA2018-19 amendments by\nA2018-19\n20 Aug 2018\n20 Aug 2018–\n8 Nov 2018\nA2018-19 expiry of\ntransitional\nprovision (s 305)\n9 Nov 2018\n9 Nov 2018–\n21 Aug 2019\nA2018-43 amendments by\nA2018-43\n22 Aug 2019\n22 Aug 2019–\n9 Dec 2019\nA2019-21\n10 Dec 2019\n10 Dec 2019–\n31 Jan 2020\nA2019-12\n1 Feb 2020\n1 Feb 2020–\nA2019-12\n23 June 2021–\n11 Aug 2021\nA2021-12 amendments by\nA2021-12\n12 Aug 2021\n12 Aug 2021–\n12 Apr 2022\nA2021-14 amendments by\nA2021-14\n13 Apr 2022\n13 Apr 2022–\n26 Apr 2022\nA2022-3 amendments by\nA2022-3\n27 Apr 2022\n27 Apr 2022–\nA2022-5 amendments by\nA2022-5\n\nExpired transitional or validating provisions 6\nfor\n22 June 2023–\nA2023-19 amendments by\nA2023-19\n25 May 2024–\n2 Nov 2025\nA2024-20 amendments by\nA2024-20\n3 Nov 2025\n3 Nov 2025–\n25 Nov 2025\nA2025-21 amendments by\nA2025-21\n","sortOrder":147},{"sectionNumber":"6","sectionType":"section","heading":"Expired transitional or validating provisions","content":"6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":148}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown far beyond its original 1999 purpose of re-enacting the Motor Traffic Act 1936 and providing for administration. It now includes extensive systems for infringement notice management plans, waiver of penalties, demerit point suspensions for corporations, immediate licence suspension for serious offences, a written-off vehicles register, detailed fine defaulter procedures, and a structured internal review and ACAT review framework. The scope now covers comprehensive enforcement and administration of all ACT road transport laws."},"complexity_factors":["137 pages of dense text with extensive cross-referencing","Over 40 defined terms in the Dictionary plus signpost definitions to other Acts","Highly nested conditional logic (e.g., Part 3 infringement notice procedures have multiple interlocking time frames, options, and exceptions)","Multiple rebuttable presumptions and evidentiary certificate provisions","Incorporates provisions from the Criminal Code, Heavy Vehicle National Law, and many other Acts","Part 3 alone contains 7 divisions with complex procedures for notices, management plans, waivers, withdrawals, and enforcement","Many provisions delegate detail to regulations, adding layers of complexity","74 republications over 25 years indicate frequent amendments"],"plain_english_summary":"This Act is the central piece of legislation that sets up how the ACT's road transport laws are administered and enforced. It creates the **Road Transport Authority** (the government body that handles driver licences, vehicle registration, and fines), defines who is legally responsible for a vehicle (usually the registered owner), and gives police and authorised officers the power to stop drivers, check licences, and seize fraudulent licences.\n\n**How fines work:** If you get a traffic fine (infringement notice), you have several options: pay the fine within 28 days, apply for a payment plan or community work program, request the fine be waived (if you're in financial hardship), or dispute the fine in court. If you don't pay, you'll get a reminder notice with an extra charge, and eventually your driver licence or vehicle registration can be suspended.\n\n**Serious offences:** For serious driving offences (like high-range speeding over 45 km/h, drink/drug driving, or failing to stop for police), police can immediately suspend your licence on the spot. The Act also sets out automatic disqualification periods for dangerous driving (e.g., culpable driving – 12 months for first offence, 24 months for repeat) and for other offences like reckless driving or negligent driving causing death. Courts can also order longer disqualifications.\n\n**Other powers:** The Act allows police to use tyre deflation devices to stop vehicles, inspect alcohol interlocks, and enter repair businesses to check for stolen vehicles. It also establishes a **written-off vehicles register** to prevent stolen cars being re-registered with false identities.\n\n**Fees and reviews:** The Minister can set fees for licences, registrations, and other services. Many decisions made under this Act can be reviewed internally first, then appealed to the ACT Civil and Administrative Tribunal (ACAT)."},"summary":{"name":"Road Transport (General) Act 1999","slug":"road-transport-general-act-1999","title_id":"a-1999-77","version_id":24246,"analysis_type":"summary","content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"Complete ACT Act, republication R74 effective 26 November 2025. The general and administrative provisions for the ACT road transport legislative scheme."},"complexity_factors":["Umbrella statute with cross-Act definitions and provisions","Detailed infringement notice management scheme including waiver and management plans","Large enforcement powers with multiple conditions and safeguards","ACT-specific road transport authority structure"],"plain_english_summary":"The Road Transport (General) Act 1999 (ACT) is the umbrella statute for the ACT's road transport regulatory framework. Its objects are to provide for the administration and enforcement of road transport legislation across the ACT, to review certain decisions made under that legislation, to determine fees and charges, to make further provision about vehicles and roads, and to improve road safety and reduce administration costs.\n\nThe Act defines the 'road transport legislation' as the body of ACT transport laws it administers (section 6). It specifies who is the 'responsible person' for a vehicle (section 10), which is important for assigning liability and obligations under the broader transport legislative scheme.\n\nPart 2 deals with administration: the road transport authority, delegation of functions, authorised persons, and identity cards. Part 3 sets up the infringement notice scheme for road transport offences, including how notices are issued, paid, disputed, or managed through infringement notice management plans. Part 3 also includes provisions for waiver of penalties in appropriate cases.\n\nPart 4 contains enforcement provisions including powers of inspection, vehicle defect notices, powers to impound and immobilise vehicles, speed inhibitor conditions, and procedures for cancellation of licences following convictions.\n\nPart 5 makes further provision about vehicles, roads, and road-related areas, including road closures, road works powers, and other transport management matters.\n\nThe Act is the administrative backbone for other ACT road transport Acts including the Road Transport (Driver Licensing) Act 1999, Road Transport (Safety and Traffic Management) Act 1999, and Road Transport (Vehicle Registration) Act 1999. Its definitions and general provisions apply across that suite of legislation."},"kimi_summary":{"_metrics":{"completionTokens":801},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown significantly from its original 1999 form. The most substantial expansion is Part 3 (Infringement notices), which was completely rewritten in 2012 and subsequently expanded to include: infringement notice management plans (2013), community work/social development programs as alternatives to payment (2013), waiver provisions for people in hardship (2013), and heavy vehicle infringement notice offences (2013). Part 4.2 (Licence suspension and disqualification) was also substantially added in 2010 with immediate suspension notices and detailed restricted licence eligibility rules. The original Act was primarily administrative; it is now heavily focused on enforcement and penalty management."},"complexity_factors":["Extensive cross-referencing to other road transport legislation (6+ related Acts)","Multiple nested definitions in the dictionary (over 80 defined terms)","Complex conditional logic for infringement notice management plans, waiver applications, and suspension triggers","Heavy use of signpost definitions that point to other Acts","Multiple overlapping schemes: immediate suspension, automatic disqualification, fine defaulter suspension, and demerit point suspensions","Detailed procedural requirements with strict time limits (28 days, 60 days, 90 days, 180 days)","Special rules for corporations vs individuals, first offenders vs repeat offenders, and different vehicle types","Integration with external schemes like the Heavy Vehicle National Law and interstate driver licensing systems"],"plain_english_summary":"**What this Act does:**\n\nThis is the **Road Transport (General) Act 1999** — the central piece of ACT legislation that governs how road transport laws are administered, enforced, and reviewed. Think of it as the \"engine room\" that makes the entire ACT road transport system work.\n\n**Key things it covers:**\n\n- **Infringement notices** — the system for handling minor traffic offences (like speeding or parking) through fines rather than court. It sets out how notices are issued, paid, disputed, or withdrawn, and includes special arrangements for people who can't afford to pay (payment plans, community work options, or waivers for those in genuine hardship).\n\n- **Licence suspension and disqualification** — rules for when police can immediately suspend your licence (for serious offences like drink driving or extreme speeding), automatic disqualification periods for serious offences, and when you can apply for a restricted licence.\n\n- **Enforcement powers** — what police and authorised officers can do: demand your name and licence, seize suspicious licences, require vehicle owners to identify who was driving, and use tyre deflation devices in pursuits.\n\n- **Fine defaulters** — what happens if you don't pay court-imposed fines: your licence or vehicle registration can be suspended until you pay.\n\n- **Written-off vehicles register** — a system to track vehicles that are \"total losses\" (badly damaged or stolen) to prevent them being illegally re-registered.\n\n- **Review of decisions** — how you can challenge decisions made under the Act, first through internal review and then through the ACT Civil and Administrative Tribunal (ACAT).\n\n**Who it affects:**\n\n- Every driver, vehicle owner, and registered operator in the ACT\n- Corporations that own vehicles (with special rules for demerit point offences)\n- Police and road transport authority staff who enforce the laws\n- People who work with vehicles (driving instructors, supervisors, assessors)\n\n**Why it matters:**\n\nThis Act determines how traffic offences are handled, how your licence can be taken away, and what options you have if you're struggling to pay fines. It balances enforcement with fairness — for example, allowing payment plans for people experiencing financial hardship, family violence, or homelessness."}},"importantCases":[],"_links":{"self":"/api/acts/road-transport-general-act-1999","history":"/api/acts/road-transport-general-act-1999/history","analysis":"/api/acts/road-transport-general-act-1999/analysis","conflicts":"/api/acts/road-transport-general-act-1999/conflicts","importantCases":"/api/acts/road-transport-general-act-1999/important-cases","documents":"/api/acts/road-transport-general-act-1999/documents"}}