{"id":"traffic-act-1987","name":"Traffic Act 1987","slug":"traffic-act-1987","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30590,"registerId":"nt-traffic-act-1987-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Traffic Act 1987.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\n(1) Sections 1 and 2 shall come into operation on the day on which the\nAdministrator's assent to this Act is declared.\n(2) The remaining provisions of this Act shall come into operation on a\ndate to be fixed by the Administrator by notice in the Gazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"3 Interpretation\n(1) In this Act:\nambulance means a vehicle specifically constructed or modified for\nthe purpose of conveying persons to a place of medical treatment\nwhile being used for that purpose or while travelling to a place for\nthat purpose.\nauthorised analyst means a person, Agency, administrative unit or\nentity authorised under section 19C to be an analyst.\nbicycle means any of the following:\n(a) a 2 or 3 wheeled vehicle with pedals designed to be propelled\nby human power;\n(b) a 2 or 3 wheeled vehicle with pedals designed to be propelled\nby an engine, motor or other device with a power output not\nexceeding 200 W;\n(c) a bicycle that meets European product safety standard\nEN 15194, published in 2009 and amended in 2011, entitled\nCycles - Electrically power assisted cycles - EPAC bicycle.\n\nTraffic Act 1987 2\nblood test means a test of a sample of a person's blood carried out\nfor the purpose of ascertaining the concentration of alcohol or the\npresence of another drug or substance in that person's blood.\nbreath analysis means an analysis of a sample of a person's\nbreath carried out for the purpose of assessing the concentration of\nalcohol in that person's breath.\nbreath test means a test of a sample of a person's breath to\nassess:\n(a) whether there is alcohol present in the person's breath; and\n(b) if alcohol is present, the concentration of alcohol in the\nperson's breath.\ncarriageway means a portion of a public street improved, designed\nor ordinarily used for vehicular traffic and includes the shoulders\nand areas at the side or centre of the carriageway used for the\nstanding or parking of vehicles including parking bays, and, where a\npublic street has 2 or more portions divided by a reservation,\nmeans each portion separately.\nchild means a person who has not attained the age of 18 years.\nCommissioner means the Commissioner appointed under the\nPolice Administration Act 1978.\ncompetent authority, in relation to a public street or public place,\nmeans the person, body or authority (which shall include the\nTerritory) having the care, control and management of that street or\nplace.\ncontrol area means an area declared under, or continued in force\nby, section 11 as a control area.\nDeputy Director means the Deputy Director of Transport appointed\nunder section 6(2).\nDirector means the Director of Transport appointed under\nsection 6(1).\ndriver means a person driving, riding or in control of a vehicle.\nemergency vehicle means a motor vehicle which is:\n(a) the property of the Territory and in the control of the Police\nForce of the Northern Territory;\n\nTraffic Act 1987 3\n(b) the property of the Territory and in the control of the Northern\nTerritory Fire and Rescue Service;\n(c) an ambulance; or\n(d) authorized as an emergency vehicle by the Registrar,\nand which is sounding a siren, bell or repeater horn or flashing the\nprescribed lights.\nfootway includes a footpath, lane or other place intended\nexclusively for use by pedestrians and, except where bicycle use is\nexpressly prohibited, by persons riding bicycles.\nhealth centre means a health centre within the meaning of the\nMedical Services Act 1982.\nhospital means a hospital declared under section 6(2) of the\nMedical Services Act 1982.\ninspector means an inspector appointed under section 9.\nintersection means a place where 2 or more public streets\nintersect or join and includes any area where vehicles travelling on\ndifferent joining or intersecting public streets may collide.\nlane line means a line marked on a carriageway to separate\nvehicles travelling in the same direction on the carriageway.\nlearner's licence means a licence granted under section 9 of the\nMotor Vehicles Act 1949.\nlicence means a licence to drive a motor vehicle granted under the\nMotor Vehicles Act 1949.\nmotor cycle means a motor vehicle which has 2 wheels or, where\na side car is attached to the vehicle, has 3 wheels.\nmotor vehicle, see section 5(1) of the Motor Vehicles Act 1949.\nofficer means an officer appointed under section 9.\npedestrian means a person on foot, on or in a toy vehicle, in a\nperambulator, or in a wheelchair which is not capable of travelling\nat a speed greater than 10 km/h.\nPPS Act means the Personal Property Securities Act 2009 (Cth).\nPPS Register means the Personal Property Securities Register\nestablished under section 147 of the PPS Act.\n\nTraffic Act 1987 4\nprescribed breath analysis instrument means a device\nprescribed under section 29AAW for the carrying out of breath\nanalyses.\nprohibited drug, for Part V, see section 19A.\npublic place means a place (other than a public street) open to or\nused by the public or to which the public is permitted to have\naccess whether on payment of a fee or otherwise, but does not\ninclude a track in an enclosed area used for motor vehicle or\nbicycle racing or speed trials.\npublic street means a street, road, lane, thoroughfare, footpath or\nplace open to, or used by, the public and includes a road on land\nleased under the Special Purposes Leases Act 1953 for use as a\nroad, but does not include:\n(a) a road, or part of a road, which is closed under the Control of\nRoads Act 1953 or the Local Government Act 2019; or\n(b) a street, road, lane, thoroughfare, footpath or other place\nunder construction,\nand not open to or used by the public.\nqualified person means a person who has been trained to take\nsamples of blood from persons by a registered training organisation\n(as defined in section 3 of the National Vocational Education and\nTraining Regulator Act 2011 (Cth)).\nregistered, in relation to a motor vehicle, means registered under\nregistered nurse means a person registered under the Health\nPractitioner Regulation National Law:\n(a) to practise in the nursing profession (other than as a student);\nand\n(b) in the registered nurses division of that profession.\nRegistrar means the Registrar of Motor Vehicles appointed under\nreservation means a physical provision, including markings, made\non a public street to divide it longitudinally and includes a nature\nstrip adjoining a footway, but does not include a separation line or a\nlane line which is the only line between 2 adjoining traffic lanes.\n\nTraffic Act 1987 5\nresident of the Territory means a person who has resided\ncontinuously in the Territory for not less than 3 months.\nsaliva test, for Part V, see section 19(1).\nseparation line means a line marked on a carriageway to separate\nvehicles travelling in opposite directions on the carriageway.\nsolution of standard alcohol means a solution consisting of ethyl\nalcohol and distilled water in the proportion of 3.36 g of ethyl\nalcohol per litre of solution.\nthis Act includes the Regulations.\ntraffic control device means a traffic control signal or a light, sign,\nmark, structure or item placed, erected or displayed for the purpose\nof regulating, warning or guiding traffic.\ntraffic control signal means a device using a word, symbol,\ncoloured light or a combination of them by means of which traffic\nmay be controlled or regulated.\ntraffic infringement detection device means a device approved\nunder section 44(1) as a traffic infringement detection device.\ntraffic island means a physical provision, including marking, made\non a public street to guide traffic on the street, but does not include\na traffic control device.\ntrailer means a vehicle without motive power constructed or\nadapted to be drawn by a motor vehicle.\nvehicle means a conveyance or other device designed to be\npropelled or drawn by any means and includes a bicycle or an\nanimal being driven or ridden, but does not include a train, or a\nwheelchair which is not capable of travelling at a speed greater\nthan 10 km/h.\nvisiting motor vehicle means a motor vehicle which:\n(a) is registered in another country or in a State or in another\nTerritory of the Commonwealth;\n(b) has affixed to it the current registration label and number\nplates required to be affixed by the law of that country, State,\nor other Territory; and\n(c) is temporarily in the Territory.\n\nTraffic Act 1987 6\nyoung person means a person who has attained the age of\n8 years but has not attained the age of 14 years.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) In this Act, a reference to the owner of a motor vehicle includes a\nreference to the operator (within the meaning of the Motor Vehicles\nAct 1949) of the vehicle where an operator is nominated under\nsection 92A of that Act.\n(3) In this Act, a reference to a person licensed to drive a motor vehicle\nis a reference to that person being licensed to drive a vehicle of a\nclass permitted to be driven in accordance with that person's\nlicence.\n(5) In this Act:\ndemerit points means the points incurred by a natural person in\nrelation to a demerit points offence.\ndemerit points offence means an offence specified in Schedule 1\nto the Traffic Regulations 1999 for which demerit points are\nprescribed.\nNote\nThe administration of the demerit points scheme is under the Motor Vehicles\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Act to bind Crown","content":"4 Act to bind Crown\nExcept where otherwise expressly provided, this Act binds the\nCrown in right of the Territory and, in so far as is possible, the\nCrown in all its other capacities.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of Act","content":"5 Application of Act\nUnless the contrary intention appears, this Act, in so far as it\napplies to or in relation to a driver, vehicle or pedestrian, applies\nonly to or in relation to a driver, vehicle or pedestrian on a public\nstreet or in a public place.\n\nTraffic Act 1987 7\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Director of transport, &c.","content":"6 Director of transport, &c.\n(1) The Minister may, by notice in writing, appoint a Chief Executive\nOfficer or employee, as defined in the Public Sector Employment\nand Management Act 1993, to be the Director of Transport for the\npurposes of this Act.\n(2) The Minister may, by notice in writing, appoint a Chief Executive\nOfficer or employee, as defined in the Public Sector Employment\nand Management Act 1993, to be the Deputy Director of Transport\nfor the purposes of this Act.\n(3) The Deputy Director, while that person remains in office, shall have\nand may exercise, perform and discharge, subject to the control\nand direction of the Director, all the functions and powers of the\nDirector, and all references in this Act or any other Act to the\nDirector shall, so far as is necessary for the purpose of giving effect\nto this section, be read as including a reference to the Deputy\nDirector.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Powers of Director","content":"7 Powers of Director\nSubject to this Act, the Director has power to do all things\nnecessary or convenient to be done for or in connection with, or\nincidental to, the performance of the Director's functions.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Direction of Minister","content":"8 Direction of Minister\nIn the exercise of the powers and the performance of the functions\nvested in the Director under this Act, the Director is subject to the\ndirection of the Minister.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Appointment of inspectors, &c.","content":"9 Appointment of inspectors, &c.\n(1) The Director may appoint such inspectors and officers as the\nDirector thinks necessary for the purposes of this Act.\n(2) In addition to the powers conferred, and the functions imposed, on\nan inspector or officer under this Act, an inspector or officer shall\nhave and may exercise such powers and perform such functions of\nthe Director as the Director determines.\n(3) The Director may, in writing, appoint a person to be an authorised\nperson under the Australian Road Rules.\n\nTraffic Act 1987 8\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Delegation","content":"10 Delegation\n(1) The Minister, the Director or the Registrar may, by instrument in\nwriting, delegate to a person or competent authority any of their\nrespective powers and functions under this Act, other than this\npower of delegation.\n(2) A competent authority may, by instrument in writing, delegate to a\nperson any of its powers and functions under this Act, other than\nthis power of delegation.\n(3) A power or function delegated under this section, when exercised\nor performed by the delegate, shall, for the purposes of this Act, be\ndeemed to have been exercised or performed by the Minister, the\nDirector, the Registrar or the competent authority, as the case may\nbe.\n(4) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Minister, the Director,\nthe Registrar or the competent authority.\n","sortOrder":9},{"sectionNumber":"10A","sectionType":"section","heading":"Powers of Registrar","content":"10A Powers of Registrar\n(1) For this Act, the Registrar may, in writing, approve types or classes\nof the following:\n(a) helmets for use by riders and passengers of motor cycles;\n(b) helmets for use by riders of bicycles;\n(c) seatbelts for use by drivers and passengers in motor vehicles;\n(d) seats, restraints, harnesses and other safety equipment used\nby children in motor vehicles.\n(2) The Registrar may, in writing, authorise a person or a class of\npersons to be an emergency worker under the Australian Road\nRules.\n","sortOrder":10},{"sectionNumber":"10B","sectionType":"section","heading":"Exemption of persons or vehicles","content":"10B Exemption of persons or vehicles\n(1) On application, the Registrar may, in writing, grant an exemption\nfrom any provision of the Regulations if satisfied that the exemption\nwill not result in danger or undue inconvenience to other persons.\n(2) The exemption may be issued in relation to:\n(a) a person or class of persons; or\n(b) a vehicle or class of vehicles.\n\nTraffic Act 1987 9\n(3) The exemption must specify the following:\n(a) the provision of the Regulations for which the exemption is\ngiven;\n(b) the person, class of persons, vehicle or class of vehicles for\nwhich the exemption is given;\n(c) the reason for the exemption;\n(d) the conditions of the exemption, including the period of time\nfor which it is given.\n(4) To use and benefit from an exemption under this section, a person\nmust comply with any conditions on the exemption.\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Declaration of control areas","content":"11 Declaration of control areas\n(1) The Minister may, by notice in the Gazette, declare an area to be a\ncontrol area for a period not exceeding 12 months.\n(2) The Minister may, on or before the expiration of the period specified\nin a notice under this section, declare, by notice in the Gazette, that\na control area shall continue in force for a further period, not\nexceeding 12 months, as specified in the notice.\n(3) Where the Minister under this section declares an area to be, or to\ncontinue to be, a control area, the Minister, in the notice under\nsubsection (1) or (2):\n(a) shall specify the area in respect of which the control area is\ndeclared or declared to continue;\n(b) shall specify the period during which the control area shall\nremain in force;\n(c) shall specify the provisions, if any, of this Act which shall not\napply to and in relation to the control area;\n(d) may declare that the provisions contained in the notice shall\napply to and in relation to the control area:\n(i) in substitution of specified sections of; or\n(ii) in addition to,\nthis Act; and\n\nTraffic Act 1987 10\n(e) may declare that a person who contravenes or fails to comply\nwith a provision declared under subsection (3)(d) as applying\nto and in relation to a control area is guilty of an offence,\nincluding a regulatory offence, and liable on being found guilty\nto a penalty not exceeding 20 penalty units or 12 months\nimprisonment, or both.\n(4) With effect on and from the date a control area is declared under\nsubsection (1), or declared to continue in force under\nsubsection (2), the sections of this Act specified in the notice in\naccordance with subsection (3)(c) or (d) shall not apply to or in\nrelation to the control area.\n(5) A provision declared under subsection (3)(d) as applying to and in\nrelation to a control area shall, for the purposes of the application of\nthat provision to and in relation to that area, be deemed to be a\nsection of this Act.\n(6) Where the Minister makes a declaration under subsection (3)(e), a\nperson who contravenes or fails to comply with the provision to\nwhich the declaration relates is guilty of an offence.\n(7) Sections 63(b) and 63C of the Interpretation Act 1978 shall apply to\nand in relation to a notice declaring a control area where, in that\nnotice, the Minister has, under subsection (3)(d), declared a\nprovision contained in the notice to apply to and in relation to the\ncontrol area (other than a notice declaring that provision to continue\nto apply to and in relation to that area) as if that notice were, for the\npurposes of those sections of the Interpretation Act 1978, a\nregulation.\nPart IV Erection and operation of traffic control\ndevices\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Erection of or interference with traffic control devices","content":"12 Erection of or interference with traffic control devices\n(1) A person shall not, without the consent in writing of the competent\nauthority:\n(a) erect, establish or display; or\n(b) interfere with, alter or take down,\na traffic control device on a public street or public place.\n(2) A person shall not erect, establish, place, display or maintain\nanything on a public street or public place which:\n(a) interferes with the effectiveness of a traffic control device;\n\nTraffic Act 1987 11\n(b) may prevent a driver approaching a traffic control device from\nclearly seeing that device or any part of it;\n(c) may distract the attention of a driver approaching a traffic\ncontrol device from that device;\n(d) may prevent a driver on a public street or public place from\nclearly seeing the street or place ahead of that driver; or\n(e) purports to be, or is an imitation of, or is similar to:\n(i) a traffic control device; or\n(ii) a flashing light of a type fitted to an emergency vehicle.\n(3) The owner of a light shall not use it or permit it to be used where\nthe Director has, by notice in writing to that owner, declared that the\nuse of the light is a danger to traffic.\n(4) Where a person has erected, established, placed, displayed or\nmaintained a thing on a public street or public place which, in the\nopinion of the Director or the competent authority, contravenes\nsection 12(2), the Director or competent authority may direct that\nperson to remove it in such time as the Director or competent\nauthority specifies.\n(5) The Director or the competent authority may, where a person given\na direction under subsection (4) fails to comply with the direction\nwithin the specified time, remove the thing or cause it to be\nremoved, and the cost of that removal shall be a debt due and\npayable by that person to the Territory (where the direction is given\nby the Director) or the competent authority.\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Competent authority may erect traffic control devices","content":"13 Competent authority may erect traffic control devices\n(1) Subject to subsection (2), a competent authority may:\n(a) erect, establish, place or display a traffic control device on,\nnear or above a public street or public place;\n(b) erect or establish a traffic island or reservation on a public\nstreet or public place;\n(c) mark a road marking on a carriageway or kerb of a public\nstreet or public place; or\n(d) alter or remove a traffic control device, traffic island,\nreservation or road marking.\n(2) A traffic control device shall be in the prescribed form.\n\nTraffic Act 1987 12\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Minister may direct competent authority","content":"14 Minister may direct competent authority\n(1) Subject to subsection (2), the Minister may direct a competent\nauthority (other than the Territory) to remove or alter:\n(a) a traffic control device which is not in the prescribed form; or\n(b) a traffic control device, traffic island, reservation or road\nmarking established, placed or displayed by the competent\nauthority.\n(2) The Minister shall not give a direction under subsection (1) in or in\nrelation to the establishing, placing or displaying of a traffic control\ndevice, traffic island, reservation or road marking unless the\nMinister is satisfied that such a direction is necessary to ensure\nconsistency in the Territory in the establishing, placing or displaying\nof such devices, islands, reservations or road markings.\n(3) A competent authority shall comply with a direction given under\nsubsection (1).\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Removal of hazardous sign, &c.","content":"15 Removal of hazardous sign, &c.\n(1) Where, in the opinion of the Director, a light, signal, flag, notice or\nother device is or is likely to be a hazard to traffic on a public street\nor public place, the Director may, by notice in writing to the owner of\nthe light, signal, flag, notice or device, require the owner to remove\nit within the time specified in the notice.\n(2) A person served with a notice under subsection (1) who fails to\ncomply with that notice is guilty of an offence.\n(3) Where a person served with a notice under subsection (1) fails to\ncomply with that notice in the specified time, the Director may,\nwithout affecting the person's liability under subsection (2), remove,\nor cause to be removed, the light, signal, flag, notice or device, and\nthe cost of that removal shall be a debt due and payable by that\nperson to the Territory.\n(4) For the purposes of removing, or causing to be removed, a light,\nsignal, flag, notice or device under subsection (3), the Director or a\nperson authorized by the Director may enter on the land on which\nthe light, signal, flag, notice or device is situated with such\nassistance as, and take whatever action, the Director or the\nauthorized person considers necessary to remove it.\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Court may order restitution","content":"16 Court may order restitution\nWhere a person is found guilty of an offence under this Act in\nrelation to a traffic control device, the court may, in addition to\n\nTraffic Act 1987 13\nfinding the person guilty, where damage was caused by the person\nto the traffic control device in committing the offence, order that\nperson to pay the cost of the repair or replacement of the device.\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Traffic control devices deemed to be lawfully erected","content":"17 Traffic control devices deemed to be lawfully erected\n(1) Where, under this Act, a traffic control device is erected,\nestablished, placed or displayed, it shall be deemed to be lawfully\nerected, established, placed or displayed and its presence to be\nconsistent with its traffic control purpose, unless the contrary is\nproved.\n(2) A traffic control device which substantially conforms with the\nprescribed dimensions, shape, colour, position, direction, angle or\nother features of a particular traffic control device shall be deemed\nto be a traffic control device of that kind.\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Evidence of traffic control device","content":"18 Evidence of traffic control device\nUnless the contrary is proved, evidence that a traffic control device\nwas erected, established, placed or displayed on, near or above a\ncarriageway or an intersection or the surface of a public place is\nevidence that it was erected, established, placed or displayed by\nthe competent authority in accordance with this Act.\nPart V Driving with alcohol in breath or blood or drug\nin blood\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Interpretation","content":"19 Interpretation\n(1) In this Part:\nAIL, or alcohol ignition lock, means a device fitted to a motor\nvehicle that will prevent the starting of the vehicle unless:\n(a) a sample of a person's breath is given through the device; and\n(b) the sample indicates the person has a BrAC of less than 0.02\ngrams per 210 litres of exhaled breath.\nAIL licence, see section 10(4A) of the Motor Vehicles Act 1949.\nAIL period, see sections 21(3)(b), 22(3)(b), 24(5)(b), 25(6A),\n29AAA(3A)(b), 29AAE(3)(b) and 29AAH(3)(b).\nAIL vehicle, see section 10(4A) of the Motor Vehicles Act 1949.\n\nTraffic Act 1987 14\napproved AIL, see section 5(1) of the Motor Vehicles Act 1949.\nBAC means blood alcohol content.\nBrAC means breath alcohol content.\ncommercial passenger vehicle, see section 3(1) of the\nCommercial Passenger (Road) Transport Act 1991.\ncrash, see Australian Road Rules – dictionary.\ndriving instructor means a person approved under section 25B of\ndrug means a substance (other than alcohol):\n(a) prescribed by the Regulations under section 28; or\n(b) that, when consumed, ingested or used by a person deprives\nthe person, temporarily or permanently, of the person's normal\nmental or physical faculties.\nGVM or gross vehicle mass, see section 5(1) of the Motor\nVehicles Act 1949.\nhigh range breath or blood alcohol content means:\n(a) a BrAC of 0.15 grams or more of alcohol per 210 litres of\nexhaled breath; or\n(b) a BAC of 0.15 grams or more of alcohol per 100 millilitres of\nblood.\nimmediate suspension offence means an offence that attracts a\nnotice of immediate suspension under section 29AAN.\nlow range breath or blood alcohol content means:\n(a) a BrAC of 0.05 grams or more, but less than 0.08 grams, of\nalcohol per 210 litres of exhaled breath; or\n(b) a BAC of 0.05 grams or more, but less than 0.08 grams, of\nalcohol per 100 millilitres of blood.\nmandatory period, see sections 21(3)(b), 22(3)(b), 24(5)(b),\n25(6A), 29AAA(3A)(b), 29AAE(3)(b) and 29AAH(3)(b).\nmedium range breath or blood alcohol content means:\n(a) a BrAC of 0.08 grams or more, but less than 0.15 grams, of\nalcohol per 210 litres of exhaled breath; or\n\nTraffic Act 1987 15\n(b) a BAC of 0.08 grams or more, but less than 0.15 grams, of\nalcohol per 100 millilitres of blood.\nprohibited drug, see section 19A.\nroad, see Australian Road Rules – dictionary.\nroad-related area, see Australian Road Rules – dictionary.\nsaliva test means a test of a sample of a person's saliva to\nascertain whether a prohibited drug may be present in the person's\nbody.\n(2) In this Part:\ndrive:\n(a) means the act of driving a motor vehicle; and\n(b) includes starting the engine of a motor vehicle; and\n(c) also includes putting a vehicle in motion; and\n(d) includes attempting to do any of those things;\non a road, road-related area or public place.\n(3) In this Part, a police officer directs a person to pull over (or pulls a\ndriver over) when the officer signals to the person to bring the motor\nvehicle the person is driving to a stop near where the signal is\nmade.\n(4) In this Part, a reference to a failure to:\n(a) submit to a breath test or breath analysis; or\n(b) submit to a saliva test; or\n(c) provide a sample of blood for analysis;\nis taken to be a reference to:\n(d) a refusal or failure to submit to a breath test or breath\nanalysis, or to provide a sufficient sample of breath for a\nbreath test or breath analysis; or\n(e) a refusal or failure to submit to a saliva test or provide a\nsufficient sample of saliva; or\n(f) a refusal or failure to submit to the taking of a sample of blood;\n\nTraffic Act 1987 16\nrespectively.\n(5) In this Part, a reference to driving under the influence of alcohol or\na drug is taken to be a reference to driving a motor vehicle under\nthe influence of alcohol or a drug, or any combination of alcohol and\na drug or drugs, to such an extent as to be incapable of having\nproper control of the vehicle.\n(6) In this Part, a reference to a period for which a person is\ndisqualified from obtaining a licence is a reference to such a period\ndecided by the court ordering the disqualification.\n","sortOrder":20},{"sectionNumber":"19A","sectionType":"section","heading":"Prohibited drug","content":"19A Prohibited drug\nIn this Part, a prohibited drug means a drug prescribed by the\nRegulations as either of the following:\n(a) drugs that are strictly prohibited for section 28(1) and to which\nthe defence under section 29 does not apply;\n(b) drugs that are prohibited for section 28(1) but in relation to\nwhich the defence under section 29 may apply.\n","sortOrder":21},{"sectionNumber":"19B","sectionType":"section","heading":"Certain persons taken to be drivers under this Part","content":"19B Certain persons taken to be drivers under this Part\n(1) Subject to subsection (2), a person is taken to be a driver for this\nPart despite not driving or being in control of a vehicle if:\n(a) the person:\n(i) holds a licence, other than a learner's licence or a\nprovisional licence; and\n(ii) is occupying the front passenger seat of the vehicle; and\n(b) the vehicle is being driven by a learner driver.\n(2) A person is not taken under subsection (1) to be a driver for this\nPart if the person is a driving instructor.\n","sortOrder":22},{"sectionNumber":"19C","sectionType":"section","heading":"Authorised analyst","content":"19C Authorised analyst\nThe Commissioner may, by Gazette notice, authorise the following\nto be an analyst for the analysis of saliva or blood under this Act:\n(a) a person;\n(b) an Agency or an administrative unit within an Agency;\n\nTraffic Act 1987 17\n(c) an entity in a State or another Territory similar to an Agency or\nan administrative unit in an Agency.\nExample for paragraph (c)\nThe forensic laboratory of the police force of a State or another Territory.\n","sortOrder":23},{"sectionNumber":"19D","sectionType":"section","heading":"Previous offences for determining second or subsequent","content":"19D Previous offences for determining second or subsequent\noffence\nAn offence against this Part is taken to be a second or subsequent\noffence if the person was previously found guilty of any of the\nfollowing offences:\n(a) an offence against section 19(2), as in force before its repeal\nby the Transport Legislation (Drug Driving) Amendment\nAct 2008, of driving with a concentration of alcohol in the\nperson's blood equal to:\n(i) 80 mg or more per 100 ml of blood; or\n(ii) 150 mg per 100 ml of blood;\n(b) an offence against section 8(2) of the Traffic Ordinance 1949,\nas enacted by section 6 of the Traffic Ordinance (No. 3) 1973,\nof driving with a concentration of alcohol in the person's blood\nequal to 80 milligrams or more of alcohol per 100 millilitres of\nblood;\n(c) an offence against a law of a State or another Territory for\ndriving a vehicle with a concentration of alcohol in the person's\nblood equal to 80 mg or more per 100 ml of blood.\n","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Impairment not necessary","content":"20 Impairment not necessary\nIt is not necessary to show that a person's ability to drive a motor\nvehicle is impaired in order to establish an offence under this\nDivision.\n\nTraffic Act 1987 18\n","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"High range breath or blood alcohol content","content":"21 High range breath or blood alcohol content\n(1) A person who drives a motor vehicle with a high range breath or\n\nTraffic Act 1987 19\nthe person's licence to drive is automatically cancelled and the\nperson is disqualified from obtaining a licence for a minimum period\nof 5 years.\n\nTraffic Act 1987 20\nthe person's licence to drive is automatically cancelled and the\nperson is disqualified from obtaining a licence for a minimum period\nof 5 years.\n","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Medium range breath or blood alcohol content","content":"22 Medium range breath or blood alcohol content\n(1) A person who drives a motor vehicle with a medium range breath or\nMaximum penalty: For a first offence – 7.5 penalty units or\nimprisonment for 6 months.\n\nTraffic Act 1987 21\nleast 6 months; and\nis at least 12 months; and\n(4) A relevant offence that is a second or subsequent offence is an\n","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Low range breath or blood alcohol content","content":"23 Low range breath or blood alcohol content\n(1) A person who drives a motor vehicle with a low range breath or\n\nTraffic Act 1987 22\n(d) failing to give a sample of blood for analysis.\n(3) For subsection (2)(a)(iii), an offence for which an infringement\nnotice was issued and not withdrawn is taken to be a previous\nfinding of guilt for the offence.\n(6) The Regulations may prescribe persons to whom, or circumstances\nin which, this section does not apply.\n\nTraffic Act 1987 23\n","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Some drivers to be zero alcohol","content":"24 Some drivers to be zero alcohol\n(1) This section applies to the following persons:\n(a) a person who has not reached the age of 18 years;\n(b) the holder of a learner licence when driving a vehicle of the\nclass to which the learner licence relates;\n(c) the holder of a licence that is provisional under section 42 or\nsection 10A of the Motor Vehicles Act 1949;\n(d) a person who is not licensed to drive a motor vehicle (other\nthan through failure to renew a licence);\n(e) a person who is not a resident of the Territory who does not\nhave a right under section 32(1) to drive in the Territory.\n(2) The person must not drive a motor vehicle if the person's breath or\nblood contains alcohol.\n(3) An offence against subsection (2) (a relevant offence) is a second\n\nTraffic Act 1987 24\nsubsection (1));\nsection 25(1) or (2) and only if the previous offence was\n(4) For subsection (3)(a)(iii), (e) and (f), an offence for which an\n(5) If a court finds a person guilty of a relevant offence, the person's\nleast 3 months; and\nis at least 6 months; and\nis at least 6 months and not more than 3 years.\n(6) A relevant offence that is a second or subsequent offence is an\n","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Driver of certain vehicles to be zero alcohol","content":"25 Driver of certain vehicles to be zero alcohol\n(1) Subject to the Regulations, this section applies to the following\npersons:\n(a) the driver of a vehicle having a GVM of more than 15 t;\n\nTraffic Act 1987 25\n(b) the driver of a vehicle carrying dangerous goods within the\nmeaning of any of the following:\n(i) the Dangerous Goods Act 1998;\n(ii) Schedule 1 of the Work Health and Safety (National\nUniform Legislation) Act 2011;\n(iii) the Transport of Dangerous Goods by Road and Rail\n(National Uniform Legislation) Act 2010;\n(c) the driver of a commercial passenger vehicle within the\nmeaning of the Commercial Passenger (Road) Transport\nAct 1991;\n(d) the driver of a vehicle capable of seating more than\n12 persons (including the driver);\n(e) the driver of a vehicle carrying more than 12 persons\n(including the driver);\n(f) the driver of a vehicle that has a space designed primarily for\nthe carriage of goods when a person is travelling in that\nspace.\n(2) This section also applies to a person who:\n(a) is under the age of 25 years; and\n(b) has not held, in the Territory or elsewhere, a licence to drive a\nmotor vehicle for a continuous period of 3 years;\nbut does not apply if section 24 applies to the person.\n(3) The person must not drive a motor vehicle if the person's breath or\nblood contains alcohol.\n(4) An offence against subsection (3) (a relevant offence) is a second\n\nTraffic Act 1987 26\nsubsection (1) or (2) and only if the previous offence was\n(5) For subsection (4)(a)(iii) and (f), an offence for which an\n(6) If a court finds a person who is not covered by subsection (2) guilty\nof a relevant offence that is a second or subsequent offence, the\nperson's licence to drive is automatically cancelled and the person\nis disqualified from obtaining a licence:\n(6A) If a court finds a person covered by subsection (2) guilty of a\nrelevant offence that is a second or subsequent offence, the\nperson's licence to drive is cancelled and the person is disqualified\nfrom:\n(a) for a second offence:\nis at least 3 months; and\n\nTraffic Act 1987 27\nis at least 6 months and not more than 3 years; and\n(b) for a subsequent offence:\nis at least 6 months; and\nis at least 6 months and not more than 3 years.\n(7) A relevant offence that is a second or subsequent offence is an\n(8) The Regulations may prescribe persons to whom, or circumstances\nin which, this section does not apply.\n","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Driving instructor","content":"26 Driving instructor\n(1) A driving instructor, when instructing another person how to drive a\nmotor vehicle, must not:\n(a) drive a motor vehicle; or\n(b) permit a person to drive a motor vehicle if the instructor is\noccupying a passenger seat in the vehicle for the purpose of\ninstructing the person to drive the vehicle;\nif the instructor's breath or blood contains alcohol.\n\nTraffic Act 1987 28\nsection 25(1) or (2) and only if the previous offence was\n(fa) failing to comply with a direction from a police officer to pull\n(g) a relevant offence (a previous relevant offence) only if the\nprevious relevant offence was committed within 3 years before\ncommitting the relevant offence;\n(h) an offence (a previous offence) committed before the\ncommencement of this section that would, if committed after\nthe commencement of this section, be a relevant offence (only\nif the previous offence was committed after 1 July 2007 and\nonly if the previous offence was committed within 3 years\nbefore committing the relevant offence).\n(3) For subsection (2)(a)(iii), (f), (g) and (h) an offence for which an\n\nTraffic Act 1987 29\n","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Impairment not necessary","content":"27 Impairment not necessary\nIt is not necessary to show that a person's ability to drive a motor\nvehicle is impaired in order to establish an offence under this\nDivision.\n","sortOrder":32},{"sectionNumber":"27A","sectionType":"section","heading":"Evidence of drug in body","content":"27A Evidence of drug in body\nIt is evidence that a drug is in a person's body if the drug is\ndetected by analysis of a sample of the person's saliva or blood.\n","sortOrder":33},{"sectionNumber":"27B","sectionType":"section","heading":"Saliva sampling","content":"27B Saliva sampling\n(1) The Commissioner may, by Gazette notice, approve a device that\nmay be used to obtain a sample of a person's saliva for analysis by\nan authorised analyst for the giving of evidence in a court for an\noffence against this Act.\n(2) The Commissioner may, by Gazette notice, authorise a person to\nuse a device approved under subsection (1) for this Act.\n(3) The Regulations may prescribe procedures for the proper use of a\ndevice approved under subsection (1).\n","sortOrder":34},{"sectionNumber":"28","sectionType":"section","heading":"Driving with certain drugs in body","content":"28 Driving with certain drugs in body\n(1) A person commits an offence if, while there is in the person's body\na prohibited drug, the person:\n(a) drives a motor vehicle; or\n\nTraffic Act 1987 30\n(b) is a driving instructor occupying a passenger seat in a vehicle\nfor the purpose of instructing another person to drive the\n(a) driving under the influence of alcohol or a drug;\n(b) driving with a prohibited drug in the body contrary to\nsubsection (1), as in force both before and after\n1 February 2016;\n(3) For subsection (2)(b), an offence for which an infringement notice\nwas issued and not withdrawn is taken to be a previous finding of\nguilt for the offence.\n\n","sortOrder":35},{"sectionNumber":"Div 4","sectionType":"division","heading":"Offence of driving under influence of alcohol or drug","content":"Division 4 Offence of driving under influence of alcohol or drug\nTraffic Act 1987 31\n","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Defence for certain drugs","content":"29 Defence for certain drugs\n(1) It is a defence to a prosecution for an offence against section 28(1)\nif:\n(a) analysis of a blood sample or saliva sample taken under this\nPart:\n(i) gives no indication of any drug mentioned in\nsection 19A(a); but\n(ii) does indicate the presence of a drug (or drugs)\nmentioned in section 19A(b); and\n(b) the defendant satisfies the court as to the matters mentioned\nin subsection (2).\n(2) The defendant must satisfy the court that:\n(a) the defendant was, at the time of the alleged offence, under\ntreatment by a medical practitioner and had taken the drug as\npart of that treatment; and\n(b) the defendant had taken the drug in accordance with the\ndirections of the medical practitioner.\nDivision 4 Offence of driving under influence of alcohol or\ndrug\n29AAA Driving under influence\n(1) A person commits an offence if, while under the influence of alcohol\nor a drug to such an extent as to be incapable of having proper\ncontrol of the vehicle, the person:\n(a) drives a motor vehicle; or\n(b) is a driving instructor occupying a passenger seat in a vehicle\nfor the purpose of instructing another person to drive the\n\nDivision 4 Offence of driving under influence of alcohol or drug\nTraffic Act 1987 32\n(ca) failing to submit to a saliva test;\ntime of the previous offence, was of a class of person\nmentioned in section 24(1));\n(3) If a court finds a person guilty of a relevant offence relating to the\ninfluence of a drug only, the person's licence to drive is\nautomatically cancelled and the person is disqualified from\nobtaining a licence:\n(a) for a first offence – for a minimum period of 6 months; or\n(b) for a second or subsequent offence – for a minimum period of\n(3A) If a court finds a person guilty of a relevant offence relating to the\ninfluence of alcohol, or alcohol and a drug, but not a drug only, the\nperson's licence to drive is cancelled and the person is disqualified\nfrom:\nleast 6 months; and\nis at least 12 months; and\n\nTraffic Act 1987 33\n(4) A relevant offence that is a second or subsequent offence is an\n(5) Evidence other than the result of a breath analysis or blood test\nmay be given in a court to show the concentration of alcohol in a\nperson's breath or blood or to show that a person was or was not\nunder the influence of alcohol or a drug.\n(6) A court may find that a person was, at the relevant time, under the\ninfluence of alcohol or a drug:\n(a) without there being evidence of the concentration of alcohol in\nthe person's breath or blood or of a prohibited drug in the\nperson's body; or\n(b) even though the evidence showed the person had:\n(i) a BrAC of less than 0.05 grams of alcohol per 210 litres\nof exhaled breath; or\n(ii) a BAC of less than 0.05 grams of alcohol per\n100 millilitres of blood.\n(7) For this section, a person is taken to be under the influence of\nalcohol or a drug even though the effect on the person's ability to\nhave proper control of a vehicle arises from a combination of\nalcohol and a drug or a combination of drugs.\n29AAB When police can pull driver over at random\n(1) A police officer may direct the driver of a motor vehicle to pull over,\nwithout reasonable suspicion the driver has committed an offence,\nfor one or both of the following purposes:\n(a) to require the driver to submit to a breath test to determine\nwhether there is alcohol in the driver's breath;\n\nTraffic Act 1987 34\n(b) to require the driver to submit to a saliva test to determine\nwhether there is a prohibited drug in the driver's body.\n(2) The driver must comply with the direction.\n(3) An offence against subsection (1) (a relevant offence) is a second\n(d) failing to submit to a saliva test;\n(e) failing to give a sample of blood for analysis;\n(4) If a court finds a person guilty of a relevant offence, the person's\n\nTraffic Act 1987 35\nNotes for subsection (4)\n(5) However, a person is disqualified from obtaining a licence for a\nminimum period of 5 years if a court finds the person guilty of a\nrelevant offence and the person has previously been found guilty of\nany of the following offences, committed within 3 years before\ncommitting the relevant offence:\n(d) failing to provide a sample of blood for analysis;\n(e) failing to comply with a direction from a police officer to pull\n(6) Also, if a court finds a person guilty of a relevant offence and the\n\nTraffic Act 1987 36\n(e) driving with:\n(f) driving under the influence of alcohol or a drug;\n(g) failing to provide a sufficient sample of breath for a breath\n(h) failing to submit to a saliva test.\n(i) failing to provide a sample of blood for analysis;\n(j) driving with alcohol in the breath or blood (if the person, at the\n(7) A relevant offence is an immediate suspension offence.\n29AAC Breath test and breath analysis\n(1) A police officer may, in the following circumstances, require a\nperson to submit to a breath test or a breath analysis (or both) to\ndetermine if the person's breath contains alcohol:\n(a) the person is a driver directed to pull over under\nsection 29AAB(1)(a);\n(ab) the person is a driver who the officer has reasonable cause to\nsuspect has committed an offence under this Act or the Motor\nVehicles Act 1949;\n(b) the officer has reasonable cause to suspect the person:\n(ii) was the driver of a motor vehicle that was involved in a\ncrash on a road, road-related area or public place; or\n(iii) was involved in a crash on a road, road-related area or\npublic place and the person has, or had at the time of\nthe crash, alcohol in the person's breath or blood.\n\nTraffic Act 1987 37\n(2) The officer may only require the person to submit to a breath test or\nbreath analysis if not more than 4 hours has expired since the\ndriver was pulled over or the offence, or crash, mentioned in\nsubsection (1) occurred.\n(3) If a police officer requires a person to submit to a breath test, the\nperson must comply with the directions given by the officer or\nanother police officer.\n(4) If a police officer requires a person to submit to a breath test and:\n(a) the person fails to provide a sufficient sample of breath for the\ncompletion of the test; or\n(b) the officer reasonably believes (whether as a result of the test\nor otherwise) that the person may have committed an offence\nunder Division 2;\nthe officer or another police officer may arrest the person without\nwarrant and detain the person for the purpose of carrying out a\nbreath analysis.\n(5) A police officer may require the arrested person to submit to a\nbreath analysis.\n(6) A police officer must not require a person to submit to a breath test\nor breath analysis under this section if it appears to the officer that\nthe person:\n(a) is injured, and the officer is satisfied it may be detrimental to\nthe person's medical condition for the person to submit to the\nbreath test or breath analysis within the time mentioned in\nsubsection (2); or\n(b) has a physical disability that prevents the person from\nproviding a sufficient sample of breath for the completion of a\nbreath test or breath analysis.\n29AAD Further breath analyses\n(1) A person who has submitted to a breath analysis (whether or not\nthe sample provided was sufficient) may be required by a police\nofficer to submit to another breath analysis on the same occasion\nand the person must provide a sufficient sample of breath for that\nanalysis.\n(2) A person who has submitted to a breath analysis may, after\nreceiving the result of the initial analysis, request that a further\nanalysis be carried out on one other sample of the person's breath,\nand the police officer who carried out the initial analysis (or another\n\nTraffic Act 1987 38\nofficer) must carry out an analysis on one further sample of the\nperson's breath provided the sample of breath is sufficient.\n(3) A request under subsection (2) must be made without undue delay\nafter the person receives the result of the initial analysis.\n29AAE Offence of failing to submit to breath analysis\n(1) A person who is required under section 29AAC or 29AAD to submit\nto a breath analysis must not fail to provide a sample of breath\nsufficient for the analysis to be carried out.\n\nTraffic Act 1987 39\n\nTraffic Act 1987 40\n(7) A person is taken to have failed to provide a sufficient sample of\nbreath for a breath analysis if the person's actions (or inactions) in\nany way prevent a police officer from requiring the person to submit\nto a breath analysis.\n(8) It is a defence to a prosecution for a relevant offence if the\ndefendant satisfies the court:\n(a) it would have been detrimental to the defendant's medical\ncondition to have submitted to a breath analysis at the time\nthe person was required to do so; or\n(b) the defendant had other reasonable grounds for failing to\nsubmit to a breath analysis.\n(9) It is not reasonable grounds for failing to submit to a breath analysis\nthat the defendant had consumed alcohol after the defendant\nceased to drive a motor vehicle.\n\nTraffic Act 1987 41\n29AAF Requirement for saliva test\n(1) A police officer may, in the following circumstances, require a\nperson to submit to a saliva test, or more than one saliva test, for\nthe purpose of analysis by an authorised analyst to determine\nwhether there is a prohibited drug in the person's body:\n(a) the person is a driver required to pull over under\nsection 29AAB(1)(b);\n(ab) the person is a driver who the officer has reasonable cause to\nsuspect has committed an offence under this Act or the Motor\nVehicles Act 1949;\n(b) the officer has reasonable cause to suspect the person was\nthe driver of a motor vehicle that was involved in a crash on a\nroad, road-related area or public place.\n(2) The officer may only require the person to submit to a saliva test if\nnot more than 4 hours has expired since the driver was pulled over\nor the offence, or crash, mentioned in subsection (1) occurred.\n(3) If a police officer requires a person to submit to a saliva test, the\nperson must comply with the directions given by the officer or\nanother police officer.\n(4) If a police officer requires a person to submit to a saliva test and:\n(a) the person fails to provide a sufficient sample of saliva for the\ncompletion of the test and any subsequent analysis; or\n(b) the officer reasonably believes (whether as a result of the test\nor otherwise) that the person's body may contain a prohibited\ndrug;\nthe officer or another police officer may arrest the person without\nwarrant and detain the person for the purpose of having a sample\nof blood or saliva taken for analysis.\n(5) A police officer must not require a person to submit to a saliva test\nunder this section if it appears to the officer that the person:\n(a) is injured, and the officer is satisfied it may be detrimental to\nthe person's medical condition for the person to submit to the\nsaliva test within the time mentioned in subsection (2); or\n(b) has a physical disability that prevents the person from\nproviding a sufficient sample of saliva for the completion of a\nsaliva test.\n\nTraffic Act 1987 42\n29AAFA Offence of failing to submit to saliva test\n(1) A person who is required under section 29AAF to submit to a saliva\ntest must not fail to provide a sample of saliva sufficient for the test,\nand any subsequent analysis, to be carried out.\n(a) driving under the influence of alcohol or a drug;\n(b) driving with a prohibited drug in the body;\n(3) For subsection (2)(b), an offence for which an infringement notice\nwas issued and not withdrawn is taken to be a previous finding of\nguilt for the offence.\n29AAG Requirement to give blood sample\n(1) Subsection (2) applies if a police officer:\n(a) does not require a person to submit to a breath test or breath\nanalysis for a reason mentioned in section 29AAC(6) and the\nofficer reasonably believes that the concentration of alcohol in\nthe person's breath or blood is such that the person has\ncommitted an offence against this Act; or\n\nTraffic Act 1987 43\n(ab) has required the person to submit to a breath analysis under\nsection 29AAC but the breath analysis instrument has failed to\nprovide a result because of one of the following reasons:\n(i) the breath analysis instrument is malfunctioning;\n(ii) the person's BrAC is too high for the breath analysis\ninstrument to measure; or\n(b) the officer has reasonable cause (whether or not as a result of\na positive indication from a saliva test) to suspect the person's\nbody contains a prohibited drug.\n(2) The officer may require the person to give a sample of blood for the\npurpose of analysis by an authorised analyst to determine if:\n(a) the person's blood contains alcohol in a concentration that\nconstitutes the person having committed an offence against\n","sortOrder":37},{"sectionNumber":"Div 2","sectionType":"division","heading":"or 4; or","content":"Division 2 or 4; or\n(b) the person's body contains a prohibited drug.\n(3) If a person is required under this section to give a sample of blood,\na police officer must make arrangements for the person to be taken\nto a hospital or health centre for a sample of the person's blood to\nbe taken.\n(4) If the person is to be taken to a health centre, the police officer\nmaking the arrangements must ensure there is a medical\npractitioner, a registered nurse or a qualified person at the health\ncentre who is available and willing to take the sample.\n29AAH Offence of failing to provide blood sample\n(1) A person who is required to give a sample of blood for this Part\nmust not fail to:\n(a) comply with an arrangement for taking the person to a hospital\nor health centre for the taking of a sample of the person's\nblood; or\n(b) give, in accordance with the directions of the person taking the\nblood sample, a sample of blood sufficient for analysis.\n\nTraffic Act 1987 44\n(ca) failing to submit to a saliva test;\n\nTraffic Act 1987 45\n(ba) failing to submit to a saliva test;\n(fa) failing to submit to a saliva test.\n\nTraffic Act 1987 46\n(7) It is a defence to a prosecution for a relevant offence if the\ndefendant satisfies the court:\n(a) it would have been detrimental to the defendant's medical\ncondition to have given the sample of blood at the time the\nperson was required to do so; or\n(b) the defendant had other reasonable grounds for failing to give\nthe sample.\n(8) It is not reasonable grounds for failing to give a blood sample that\nthe defendant had consumed alcohol or another substance after the\ndefendant ceased to drive a motor vehicle.\n29AAJ Failure to give sample of blood in certain circumstances\n(1) This section applies if a person is found guilty of an offence against\nsection 29AAH(1) and the court is satisfied that:\n(a) the person was required to give the blood sample because the\nperson entered a hospital for examination or treatment of\ninjuries; and\n(b) the person's injuries did not arise from a crash in which the\nperson was driving a motor vehicle.\n(2) The court must not sentence the person to a term of imprisonment,\ncancel the person's licence or impose a fine greater than 1 penalty\nunit.\n(3) The person's licence is not cancelled by force of the finding of guilt\ndespite section 29AAH(3).\n(4) The offence is not taken into account as a second or subsequent\noffence, or for determining whether another offence is a second or\nsubsequent offence, in accordance with section 21(2)(d), 22(2)(d),\n24(3)(d), 29AAA(2)(d), 29AAE(2)(d) or 29AAH(2)(d).\n\nTraffic Act 1987 47\n29AAK Taking of sample of blood\n(1) A sample of blood may be taken for this Act, from a person taken to\na hospital or a health centre under section 29AAG, or from a person\nwho has apparently attained the age of 15 years and who enters a\nhospital or health centre for examination or treatment of injuries\nwhich may have been received in a crash:\n(a) at a hospital – by a medical practitioner, a registered nurse or\na member of the staff of the hospital who is under the direct\nsupervision of a medical practitioner or registered nurse; and\n(b) at a health centre – by a medical practitioner, a registered\nnurse or a qualified person.\n(2) If a person is taken to a hospital under section 29AAG, the person\nin charge of the hospital must ensure a sample of the person's\nblood is taken as soon as practicable.\n(3) The Minister responsible for administering hospitals in the Territory\nmust ensure that, for the purpose of analysis by an authorised\nanalyst, a sample of blood is taken as soon as practicable from\neach person who has apparently attained the age of 15 years who\nenters a hospital for examination or treatment of injuries which may\nhave been received in a crash.\n(4) For subsection (3), a medical practitioner, registered nurse or a\nmember of the staff of a hospital who is under the direct supervision\nof a medical practitioner or registered nurse may:\n(a) take a sample of blood from a person who is unconscious or\napparently incapable of consenting to the taking of the\nsample; or\n(b) require a person to give a sample of blood.\n(5) However, a member of the staff of a hospital or a health centre is\nnot required to take a sample of the person's blood if the member of\nstaff believes on reasonable grounds that:\n(a) the concentration of alcohol in the person's blood is already\nknown; or\n(b) the taking of the sample would be detrimental to the person's\nmedical condition; or\n(c) the injuries of the person were not received in a motor vehicle\naccident or the motor vehicle accident happened more than\n12 hours before the person entered the hospital or health\ncentre; or\n\nTraffic Act 1987 48\n(d) a period of more than 4 hours has elapsed since the person\nentered the hospital or health centre.\n(6) A blood sample taken under this section is the property of the\nCommissioner.\n(7) However, the person who takes the sample may make a portion of\nthe sample available to the person from whom it was taken.\n(8) No action or proceedings for assault, whether in or outside the\nTerritory, lie against a person who takes a blood sample for this\nAct.\n(9) This section does not obligate any person to take a sample of blood\nat a health centre.\n29AAL Right to communicate with medical practitioner\n(1) A person who is in custody after undergoing a breath analysis,\nsaliva test or giving a sample of blood under this Act may ask to\ncommunicate with a medical practitioner for the purpose of\nrequesting the medical practitioner to do any of the following:\n(a) examine the person;\n(b) take a sample of the person's blood;\n(c) arrange for a sample of the person's blood to be taken by\nanother medical practitioner, a registered nurse or a qualified\n(2) If a request is made under subsection (1), a police officer must\nmake arrangements that are reasonable in the circumstances for\nthe person to communicate with a medical practitioner.\n29AALA Application for additional analysis of saliva sample\n(1) A person from whom a sample of saliva has been taken under this\nPart may request the authorised analyst to whom or which the\nsample has been sent to provide a portion of the sample, at the\nperson's own expense, to a medical practitioner or laboratory\nnominated by the person.\n(2) A request under subsection (1) must be made within 6 months of\nthe person being served with an infringement notice or a summons\nfor an offence in relation to which the sample was taken.\n\nTraffic Act 1987 49\n29AAM Licence suspension for up to 24 hours\n(1) This section applies if, for the purpose of having a sample of blood\nor saliva taken for analysis to determine if there is a prohibited drug\nin a person's body, the person is:\n(a) arrested under section 29AAF(4); or\n(b) taken to a hospital or health centre under section 29AAG.\n(1A) Subject to the Regulations, a police officer may, before the person\nis released from custody or departs the hospital or health centre,\ngive the person a notice under this section.\n(2) The notice has the following effect:\n(a) the person's licence is suspended for the period commencing\nimmediately on the person receiving the notice and ending not\nmore than 24 hours later, as specified in the notice;\n(b) the person is disqualified from driving for the same period.\n(2A) The notice must:\n(a) be in a form approved by the Commissioner; and\n(b) inform the person of the suspension and disqualification.\n(3) A notice under this section cannot be challenged or reviewed in any\ncourt.\n(4) A police officer who gives a person a notice under this section must\nprovide details of the notice, and the person to whom it was given,\nto the Registrar without delay.\n29AAN Notice of immediate licence suspension and disqualification\nfrom driving\n(1) If a person is charged with an immediate suspension offence, a\npolice officer may give the person a notice under this section.\n(2) For subsection (1), a person is charged with the offence when given\na copy of the charge, signed by a police officer.\n(3) The notice has the following effect:\n(a) the person's licence is suspended immediately on the person\nreceiving the notice;\n\nTraffic Act 1987 50\n(b) the person is immediately disqualified from driving.\n(3A) The notice must:\n(a) be in a form approved by the Commissioner; and\n(b) inform the person of the suspension and disqualification; and\n(c) include a statement of the person's right to appeal to the Local\nCourt against the suspension and disqualification.\n(3B) On receiving the notice, the person must surrender to a police\nofficer any licence document the person holds.\n(3C) The suspension and disqualification continue until the earlier of the\n(a) any day the notice is revoked;\n(b) any day the charge of the immediate suspension offence is\nwithdrawn;\n(c) any day a court:\n(i) finds the person not guilty of the offence; or\n(ii) discharges the person without conviction for the offence;\nor\n(iii) sentences the person for the offence.\n(4) A police officer who gives a person a notice under this section must\nprovide details of the notice, and the person to whom it was given,\nto the Registrar without delay.\n29AAP Offences\n(1) A person who is given a notice under section 29AAN must not,\nwithout reasonable excuse, refuse or fail to surrender any licence\ndocument held by the person.\nMaximum penalty: 20 penalty units or imprisonment for\nNote\nThe onus is on the person to establish there was reasonable excuse for a failure\nto surrender a licence document.\n\nTraffic Act 1987 51\n(2) A person who is given a notice under section 29AAN must not,\nwhile disqualified from driving, apply for a licence in the Territory or\nelsewhere.\nMaximum penalty: 20 penalty units or imprisonment for\n(3) A person who is given a notice under section 29AAM or 29AAN\nmust not, while the person's licence is suspended, drive a motor\nvehicle in the Territory or elsewhere.\n(4) An offence against subsection (3) is an offence of strict liability.\n29AAQ Appeal against immediate suspension notice\n(1) A person given a notice under section 29AAN may appeal to the\nLocal Court against the licence suspension and disqualification\nfrom driving as a result of the notice.\n(2) The appellant:\n(a) must give 14 days written notice of the appeal to the Registrar\nand to the Local Court; and\n(b) must set out particulars of exceptional circumstances the\nappellant relies upon to justify the setting aside of the notice.\n(3) In determining the appeal, the Local Court must hear:\n(a) any evidence tendered by the appellant; and\n(b) any evidence tendered by or on behalf of the Registrar; and\n(c) any evidence required by the Court from a medical\npractitioner.\n(4) The Court may, by order:\n(a) uphold the notice; or\n(b) if satisfied of exceptional circumstances that justify it – set\naside the notice.\n(5) An order under subsection (4) is final and cannot be appealed\nagainst or reviewed by the Court or any other court.\n\nTraffic Act 1987 52\n29AAR Further disqualification for certain drivers\n(1) This section applies if:\n(a) a court finds a person guilty of any of the following offences:\n(i) driving under the influence of alcohol or a drug;\n(ii) driving with a high range breath or blood alcohol content;\n(iii) driving with a medium range breath or blood alcohol\ncontent;\n(iv) refusing or failing to provide a sufficient sample of breath\nfor a breath analysis;\n(v) refusing or failing to provide a sample of blood; and\n(b) at the time of committing the offence the person was driving:\n(i) a vehicle with a GVM of 15 t or more; or\n(ii) a commercial passenger vehicle.\n(2) The person is disqualified from obtaining a licence to drive a vehicle\nwith a GVM of 15 t or more or a commercial passenger vehicle for a\nminimum period of 5 years.\nNote\nThe person's licence to drive a motor vehicle is cancelled, and the person is also\ndisqualified from obtaining a licence to drive any vehicle, for the period specified\nin the relevant section.\n29AAS Automatic licence cancellation and disqualification for certain\noffences\n(1) If a court finds a person guilty of a disqualifying offence, the\nperson's licence (if any) is cancelled and person is disqualified from\nobtaining a licence for:\n(a) the minimum period specified in relation to the offence,\naccording to whether the offence is a first, second or\nsubsequent offence; or\n(b) if the court makes an order under subsection (4) that the\nperson be disqualified for a period that is longer than the\nminimum period – the longer period ordered by the court.\n\nTraffic Act 1987 53\n(2) For subsection (1), a court which finds a person guilty of a\ndisqualifying offence must specifically find whether the offence is\nthe person's first, second or subsequent offence.\n(3) The cancellation of the person's licence occurs automatically by\noperation of this Part and takes effect from the date of the finding of\nguilt.\n(3A) The disqualification of the person from obtaining another licence is\nimposed automatically by operation of this Part and the period of\ndisqualification commences from:\n(a) the date of the finding of guilt; or\n(b) if the court makes an order under subsection (7) that the\nperiod of disqualification is to commence from a later date –\nthe later date ordered by the court.\n(4) The court may order that the person be disqualified from obtaining\na licence for a period longer than any minimum period specified in\nthis Part, as the court considers fit.\n(5) The period of disqualification is reduced by any period of licence\nsuspension imposed under section 29AAN in relation to the same\n(6) The court may make an order under subsection (7) in relation to a\nperiod of disqualification imposed on a person on the finding of guilt\nfor a disqualifying offence in either or both of the following\ncircumstances:\n(a) if the person is found guilty of more than one disqualifying\noffence;\n(b) if, at the time the person is found guilty, the person is already\ndisqualified from obtaining a licence for a period that had not\nyet expired in respect of:\n(i) a previous disqualifying offence; or\n(ii) any other previous offence under this Act or another Act.\n(7) The court may, if the court considers it appropriate, order that a\nperiod of disqualification imposed on the person for a disqualifying\noffence is to:\n(a) be partly or wholly cumulative on another period of\ndisqualification to which the person is or will be subject; and\n\nTraffic Act 1987 54\n(b) commence from a date that is subsequent to the date on\nwhich the person is found guilty of that disqualifying offence.\n(8) In this section:\ndisqualifying offence means an offence under this Part for which\na minimum period of disqualification from obtaining a licence is\nspecified.\n29AAT Use of indicated BrAC or BAC in court proceedings\n(1) This section applies:\n(a) in any proceedings in a court; and\n(b) even if evidence is given that the person consumed alcohol\nafter the time of the alleged commission of the offence (the\nrelevant time) and before the breath analysis was carried out\nor the sample of blood was taken.\n(2) If a breath analysis is carried out on a person in accordance with\nsection 29AAC or 29AAD, the BrAC indicated by the analysis is\ntaken to be the BrAC of the person at the relevant time.\n(3) If more than one breath analysis was carried out, the lower of the\nBrAC indicated is taken to be the BrAC of the person at the relevant\ntime.\n(4) If a sample of a person's blood is taken in accordance with\nsection 29AAK:\n(a) the BAC indicated by analysis of the sample is taken to be the\nBAC of the person at the relevant time; and\n(b) any prohibited drug detected in the person's blood is taken to\nhave been present in the person's body at the relevant time.\n(5) If the person's blood is analysed because the person was taken to a\nhospital or health centre with injuries that may have been caused in\na crash:\n(a) the BAC indicated by the analysis is taken to be the BAC of\nthe person at the time of the crash; and\n(b) any prohibited drug detected in the person's blood is taken to\nhave been present in the person's body at the time of the\ncrash.\n\nTraffic Act 1987 55\n29AAU Evidence by certificate\n(1) In any proceedings in a court, a certificate in the relevant prescribed\nform purporting to be signed by:\n(a) a person authorised by the Commissioner under this Act to\nuse a prescribed breath analysis instrument for this Act; or\n(aa) a person authorised by the Commissioner under section 27B\nto use a device for obtaining a sample of saliva for this Act; or\n(b) a member of the staff of a hospital or health centre; or\n(c) an authorised analyst or a person employed by an authorised\nanalyst;\nis prima facie evidence of the matters stated in the certificate and\nthe facts on which they are based.\n(1A) If evidence is given by a certificate as mentioned in subsection (1),\nit is not necessary to prove:\n(a) the signature of the person who signed the certificate; or\n(b) the person holds the capacity in which the person purported to\nact in signing the certificate.\n(2) For subsection (1), the Regulations may prescribe forms of\ncertificate to be used by different persons on different occasions.\n(3) If the Regulations do not prescribe a form for a specific situation,\nthe Registrar may approve a form for use in that situation.\n29AAV If witness to be called\nIn any proceedings in a court, if a party intends to call as a witness\na person whose evidence may be received by way of certificate\nunder section 29AAU, that party must:\n(a) give not less than 14 days notice in writing of that intention to\nthe other party; and\n(b) call the person in accordance with the procedures of the\nrelevant court to give the person's evidence.\n29AAW Breath analysis instrument\n(1) The Regulations may provide:\n(a) that a device for the carrying out of a breath analysis is a\nprescribed breath analysis instrument; and\n\nTraffic Act 1987 56\n(b) for the proper use of a prescribed breath analysis instrument;\nfor this Act.\n(2) A court must not receive evidence that a prescribed breath analysis\ninstrument, when it is in good working order and used in\naccordance with the Regulations relating to its use, does not give a\ntrue and correct assessment of the concentration of alcohol in a\nperson's breath.\n29AAX Limitation on use of certain evidence\nThe fact that a sample of a person's saliva or blood, when analysed\nfor this Act, indicated the presence of a prohibited drug cannot be\nused in evidence in any proceedings in a court under the Misuse of\nDrugs Act 1990.\n29AAYA Object of Division\nThe object of this Division is to enable certain persons disqualified\nfrom obtaining a licence under this Part to drive an AIL vehicle after\nthe end of a mandatory period of the disqualification.\n29AAYB Application of Division\nThis Division applies to a person who is:\n(a) disqualified from obtaining a licence because of\nsection 21(3)(b)(ii), 22(3)(b)(ii), 24(5)(b)(ii), 25(6A)(a)(ii)\nor (b)(ii), 29AAA(3A)(b)(ii), 29AAE(3)(b)(ii) or 29AAH(3)(b)(ii);\nand\n(b) granted an AIL licence under section 10(4A) of the Motor\nVehicles Act 1949.\n29AAYC Effect of holding licence\nDespite any other provisions of this Act, the person may drive an\nAIL vehicle at a public place or on a public street while the AIL\nlicence has effect.\nNote\nIn general, the AIL licence has effect for the remains of the AIL period (see\nsection 10(4C) and (4D) of the Motor Vehicles Act 1949).\n\nTraffic Act 1987 57\n29AAYD Offences\n(1) While the AIL licence has effect, the person must not drive a motor\nvehicle at a public place or on a public street if it is not an AIL\n(2) While the AIL licence has effect, the person must not drive an AIL\nvehicle at a public place or on a public street if:\n(a) the AIL fitted to the vehicle is not functioning properly; and\n(b) the person knows the AIL is not functioning properly.\n(3) While the AIL licence has effect, the person must not drive an AIL\nvehicle at a public place or on a public street:\n(a) if the AIL fitted to the vehicle is disengaged; or\n(b) in a way that would hamper the proper functioning of the AIL.\n(4) The person must not contravene a condition of the AIL licence.\n(5) If a court finds a person guilty of an offence against subsection (1),\n(2) or (3):\n(a) the AIL licence is cancelled; and\n(b) the person is disqualified from obtaining a licence for the rest\nof the AIL period.\n(6) An offence against subsection (1), (2) or (3) is an immediate\nsuspension offence.\n29AA Object of Part\nThe object of this Part is to discourage hoon driving and related\nanti-social behaviour.\n\nTraffic Act 1987 58\n29AB Definitions\nalleged offence, see section 29AD(1).\nConsumer Credit Code means Schedule 1 to the National\nConsumer Credit Protection Act 2009 (Cth).\ncosts, of impounding a motor vehicle as a result of an impounding\ndetermination or impounding order, means all the costs related to\nthe following as a result of the determination or order (whether or\nnot the initial period has passed):\n(a) removing and keeping the vehicle;\n(b) if the determination or order specifies that the vehicle be\nimmobilised – immobilising, and removing the immobilisation\nof, the vehicle.\nforfeiture order, see section 29AI(2).\nimpound, for a motor vehicle and in relation to an impounding\ndetermination or impounding order, means 1 or both of the following\nas specified in the determination or order:\n(a) keeping the vehicle at a specified place (including, for\nexample, a place under the control of a tow truck operator);\n(b) immobilising the vehicle by using wheel clamps or other\ndevices.\nimpounding determination, see section 29AD(1).\nimpounding order, see sections 29AH(2) and 29AI(8).\ninitial period means:\n(a) for an impounding determination – see section 29AD(6); or\n(b) for an impounding order – see sections 29AH(4) and 29AI(8).\noffender, see section 29AG.\nprescribed driving offence means an offence committed by the\ndriver of a motor vehicle against a provision of this Act prescribed\nby regulation for this definition.\nregistered operator, of a motor vehicle, means the person who is\nnominated under section 92A of the Motor Vehicles Act 1949 to be\nthe operator of the vehicle.\n\nTraffic Act 1987 59\nregistered owner, of a motor vehicle, means the person who is the\nowner of the vehicle as defined in section 5(1) of the Motor Vehicles\nsenior police officer means a police officer of the rank of\nsuperintendent or above.\nstorage place, for an impounding determination or impounding\norder relating to a motor vehicle, means the place at which the\nvehicle is kept because of the impounding determination or\nimpounding order.\ntraffic infringement notice means a traffic infringement notice\nissued under the regulations.\n29AC Traffic infringement notice counted as offence\nIf a traffic infringement notice for a prescribed driving offence has\nbeen issued to a person and the notice is not withdrawn, the person\nis taken to have been found guilty of the offence for this Part.\n29AD Power of police officer to impound vehicle\n(1) A police officer who reasonably believes a motor vehicle was used\nin committing a prescribed driving offence (the alleged offence)\nmay determine in writing (the impounding determination) that the\nvehicle be impounded.\n(2) Without limiting subsection (1), the police officer may form the belief\non the basis of a statement made on oath by a complainant in\nrelation to the commission of the alleged offence.\n(3) The police officer may make the impounding determination only\nwithin 14 days of the alleged offence.\n(4) The police officer must, as far as reasonably practicable after\nmaking the impounding determination, give a copy of it to the\n(a) the person who was the driver of the motor vehicle at the time\nof the alleged offence;\n(b) if the vehicle is registered and the driver is not the registered\nowner or registered operator of the vehicle – the registered\nowner and registered operator of the vehicle;\n(c) if the police officer knows the identity of the owner of the\nvehicle (whether or not the vehicle is registered) – that owner;\n\nTraffic Act 1987 60\n(d) if the driver was found guilty of 1 or more prescribed driving\noffences within 2 years immediately before the date of the\nalleged offence – the Registrar.\n(5) The impounding determination:\n(a) must include information about the impounding determination\nand its effect (including, for example, the storage place and\nliability for the costs of impounding the vehicle); and\n(b) may include other information relating to impounding the\n(6) The impounding determination has effect during the period (the\ninitial period):\n(a) starting when a police officer takes control of the motor vehicle\nfor the determination; and\n(b) ending 48 hours later or at an earlier time if the determination\nis revoked at the earlier time.\n29AE Review and revocation of impounding determination\n(1) As soon as practicable after the police officer has made the\nimpounding determination, the police officer must give a copy of it\nto a senior police officer to review the determination.\n(2) The senior police officer must review the impounding determination\nas soon as practicable and no later than 24 hours after the copy is\ngiven to him or her.\n(3) At any time before an impounding determination ceases to have\neffect:\n(a) the police officer or senior police officer must revoke the\ndetermination if the police officer or senior police officer is\nsatisfied that, at the time of the alleged offence, the motor\nvehicle was a rental vehicle, or was stolen or otherwise used\nwithout the authority of its owner; or\n(b) the senior police officer must revoke the determination if the\nsenior police officer is not satisfied the vehicle was used in\ncommitting the alleged offence.\n\nTraffic Act 1987 61\n29AF Related powers of police officer\n(1) A police officer may, for the purposes of the impounding\ndetermination:\n(a) require a person who was the driver of the motor vehicle at the\ntime of the alleged offence to give to the officer the names and\naddresses of the registered owner, registered operator or\nanyone who is otherwise the owner of the vehicle; and\n(b) by the impounding determination or another written notice –\nrequire a person having the control of the vehicle to deliver the\nvehicle to the officer by a specified time at a specified place;\nand\n(c) without a warrant, enter a place where the officer reasonably\nsuspects the vehicle may be found; and\n(d) without a warrant, search for, seize and remove the vehicle.\n(2) A police officer's power to seize the motor vehicle under\nsubsection (1)(d) may be exercised only within 14 days after the\nday on which the impounding determination is made.\n(3) A police officer may use any reasonable force and assistance in\nexercising a power under this section.\n(4) A person required by a police officer to give information as\nmentioned in subsection (1)(a) must comply with the requirement.\n(5) A person required by a police officer to deliver the vehicle as\nmentioned in subsection (1)(b) must comply with the requirement.\nMaximum penalty: 100 penalty units.\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) or (5) if the defendant establishes a reasonable\nexcuse.\n\nTraffic Act 1987 62\n29AG Application of Division\nThis Division applies if, within 2 years after a person (the offender)\nbeing found guilty of a prescribed driving offence (the first\noffence):\n(a) the offender is found guilty of another prescribed driving\noffence (the second offence); or\n(b) the offender is found guilty of 1 or more further prescribed\ndriving offences (each of which is a subsequent offence)\nafter being found guilty of the second offence.\n29AH Sentencing for second offence\n(1) This section applies after a court has found the offender guilty of\nthe second offence.\n(2) Before the offender is sentenced for the second offence, the\nCommissioner of Police may apply to the court for an order (an\nimpounding order) to impound the motor vehicle used in\ncommitting the offence.\n(3) However, the Commissioner of Police may not do so if, at the time\nof the second offence, the motor vehicle was a rental vehicle, or\nwas stolen or otherwise used without the permission of its owner.\n(4) The court may order the impounding of the motor vehicle for a\nspecified period (the initial period) that is at least 3 months and not\nmore than 6 months if the court is satisfied:\n(a) each person with an interest in the vehicle had the opportunity\nto be heard in the proceedings for the application; and\n(b) impounding the vehicle will not cause severe financial or\nphysical hardship to a person mentioned in paragraph (a) who\nwas heard in the proceedings.\n(5) The court must not make the impounding order if the court is\nsatisfied:\n(a) the offender was not the owner of the motor vehicle at the time\nof the second offence; and\n(b) the second offence happened without the knowledge and\nconsent of the owner of the vehicle.\n\nTraffic Act 1987 63\n(6) The impounding order must specify the storage place and may\nspecify other matters relating to impounding the motor vehicle as\ndecided by the court.\n(7) The impounding order takes effect as specified in the order at the\nearlier of the following:\n(a) the expiration of the period for instituting an appeal in relation\nto the offence or sentence if no appeal is instituted;\n(b) the end of the proceedings for an appeal by the offender if the\nappeal is unsuccessful.\n(8) The impounding order may be made whether or not the motor\nvehicle was previously impounded under section 29AD because of\nthe second offence.\n29AI Sentencing for subsequent offence\n(1) This section applies after a court finds the offender guilty of a\nsubsequent offence.\n(2) Before the offender is sentenced for the subsequent offence, the\nCommissioner of Police may apply to the court for an order (a\nforfeiture order) to forfeit the motor vehicle used in committing the\n(3) However, the Commissioner of Police may not do so if, at the time\nof the subsequent offence, the motor vehicle was a rental vehicle,\nor was stolen or otherwise used without the permission of its owner.\n(4) The court may make the forfeiture order only if the court is satisfied:\n(a) each person with an interest in the motor vehicle had the\nopportunity to be heard in the proceedings for the application;\nand\n(b) forfeiting the vehicle will not cause severe financial or physical\nhardship to a person mentioned in paragraph (a) who was\nheard in the proceedings.\n(5) The court must not make the forfeiture order if the court is satisfied:\n(a) the offender was not the owner of the motor vehicle at the time\nof the subsequent offence; and\n(b) the subsequent offence happened without the knowledge and\nconsent of the owner of the vehicle.\n\nTraffic Act 1987 64\n(6) The forfeiture order takes effect as specified in the order at the\nearlier of the following:\n(a) the expiration of the period for instituting an appeal in relation\nto the offence or sentence if no appeal is instituted;\n(b) the end of the proceedings for an appeal by the offender if the\nappeal is unsuccessful.\n(7) When the forfeiture order takes effect:\n(a) the vehicle becomes the property of the Territory; and\n(b) any rights in the vehicle existing before the forfeiture are\nextinguished.\n(8) Instead of making a forfeiture order, the court may make an order\n(an impounding order) to impound the vehicle for a specified\nperiod (the initial period) that is at least 3 months and not more\nthan 6 months, if the court:\n(a) would, apart from subsection (4)(b), make the forfeiture order;\nand\n(b) is satisfied that impounding the vehicle for the initial period will\nremove or reduce the hardship as mentioned in that\nsubsection.\n(9) The court may make the impounding order on its own initiative or\non the application of the Commissioner of Police, and whether or\nnot the motor vehicle was previously impounded under\nsection 29AD because of the subsequent offence.\n(10) The impounding order must specify the storage place and may\nspecify other matters relating to impounding the vehicle as the court\ndecides.\n29AJ Interested parties for proceedings\n(1) This section applies if, in relation to an offender, the Commissioner\nof Police intends to apply for an impounding order or forfeiture\norder.\n(2) The Commissioner of Police must, before the offender is sentenced\nfor the offence to which the proposed order relates, give written\nnotice of that intention to the following:\n(a) the Registrar;\n\nTraffic Act 1987 65\n(b) if the vehicle is registered – the registered owner and\nregistered operator of the motor vehicle;\n(c) if the Commissioner knows the identity of the owner of the\nvehicle (whether or not the vehicle is registered) – that owner;\n(d) if the Commissioner knows the identity of a person who is the\nspouse or de facto partner of a person mentioned in\nparagraph (b) or (c) – that person;\n(e) for an application for a forfeiture order – anyone whose\ninterest in the vehicle is recorded in the PPS Register.\n(3) A person notified under subsection (2), or anyone else claiming to\nhave an interest in the motor vehicle, has a right to be heard in the\nproceedings for the application.\n29AK Other related orders\n(1) The court making an impounding order or forfeiture order may:\n(a) order the owner of the motor vehicle to which the order relates\nto deliver the vehicle to a police officer by a specified time at a\nspecified place; or\n(b) authorise a police officer, without warrant, to:\n(i) enter a place the officer reasonably suspects the vehicle\nmay be found; and\n(ii) search for, seize and remove the vehicle.\n(2) A police officer may use any reasonable force and assistance in\nexercising a power under the order.\n29AL Proceedings for order and other penalty\nTo avoid doubt:\n(a) the proceedings for the application of an impounding order or\nforfeiture order in relation to a prescribed driving offence are\npart of the proceedings for sentencing the offender in relation\nto the offence; and\n(b) the making of an impounding order or forfeiture order is in\naddition to, and does not limit the court's power to impose, any\nother penalty for the offence.\n\nTraffic Act 1987 66\n29AM Application to Local Court after making of forfeiture order\n(1) This section applies to a person if:\n(a) the person had an interest in a motor vehicle before it was\nforfeited under a forfeiture order; and\n(b) the person:\n(i) was not notified of the application for that order under\nsection 29AJ and did not appear as a party in the\nproceedings for that application; or\n(ii) is allowed by the Local Court to make an application for\nan order under this section; and\n(c) the vehicle:\n(i) is still vested in the Territory; or\n(ii) has been sold under section 29AS and part of the\nproceeds has been paid to the Central Holding Authority\n(the CHA amount).\n(2) The person (the applicant) may, within 60 days after the forfeiture\nof the motor vehicle, apply to the Local Court for an order:\n(a) declaring the nature, extent and value of the interest; and\n(b) directing the Territory:\n(i) if the vehicle is still vested in the Territory – to transfer it\nto the applicant; or\n(ii) otherwise – to pay to the applicant an amount worked\nout under subsection (3).\n(3) The amount must be:\n(a) equal to the value of the interest if that value is less than so\nmuch of the CHA amount as is reduced by any amount\nalready paid under this section to another person who also\nhad an interest in the vehicle (the reduced CHA amount); or\n(b) otherwise – equal to the reduced CHA amount.\n(4) The Local Court may allow the application to be made more than\n60 days after the forfeiture of the vehicle if it is satisfied the delay in\nmaking the application was not caused by the applicant's neglect.\n\nTraffic Act 1987 67\n(5) The applicant must notify the Commissioner of Police of the\napplication at least 3 days before the Local Court hears the\napplication.\n(6) The Commissioner of Police:\n(a) is a party to the proceedings for the application; and\n(b) if the vehicle is vested in the Territory – must not dispose of\nthe vehicle after being notified of the application and before\nthe end of the proceedings.\n(7) The Local Court must grant the application by making an order it\nconsiders appropriate if it is satisfied:\n(a) the applicant would, apart from the forfeiture order, have a\ngenuine interest in the vehicle; and\n(b) if the vehicle was forfeited under a forfeiture order – the\nprescribed driving offence to which the order relates happened\nwithout the knowledge and consent of the applicant.\n29AN Registrar's obligations\n(1) The Registrar must, on request of a police officer, give the officer all\ninformation held by the Registrar about a motor vehicle to which\nany of the following relates:\n(a) an impounding determination, impounding order or forfeiture\norder;\n(b) an application that has been made for an impounding order or\nforfeiture order.\n(2) In addition, the Registrar must not cancel or change the registration\nof the motor vehicle during the following periods:\n(a) if the Registrar is given a copy of the impounding\ndetermination under section 29AD(4) for the vehicle – the\nperiod of 28 days starting from the date of the notice;\n(b) if the Commissioner of Police has made an application for an\nimpounding order or forfeiture order for the vehicle – the\nperiod starting on the day the Registrar is given a notice under\nsection 29AJ(2) in relation to the application and ending on the\nday the application is decided by a court.\n\nTraffic Act 1987 68\n(3) This section does not prevent the Registrar from:\n(a) renewing the registration of the motor vehicle without\nchanging the registration of the ownership of the vehicle; or\n(b) changing the registration of the motor vehicle because it is\nrepossessed or sold by a credit provider as mentioned in\nsection 29AO.\n29AO Rights of credit provider\nAn impounding determination or impounding order for a motor\nvehicle does not affect the rights of a credit provider to repossess\nand sell the vehicle under the Consumer Credit Code.\n29AP What happens at end of initial period\n(1) The owner of a motor vehicle to which an impounding determination\nor impounding order relates is entitled to collect the vehicle at the\nend of the initial period on payment of the costs of impounding the\n(2) The Commissioner of Police must notify the following about any\nchange of the arrangement for impounding the vehicle after the\ninitial period:\n(a) the person who was the driver of the vehicle at the time of the\nalleged offence;\n(b) if the vehicle is registered and that driver is not the registered\nowner or registered operator of the vehicle – the registered\nowner and registered operator;\n(c) if the Commissioner knows the identity of the owner of the\nvehicle (whether or not the vehicle is registered) – that owner.\n29AQ Costs of impounding\n(1) The driver of a motor vehicle (the driver) at the time of the alleged\noffence or offence to which an impounding determination or\nimpounding order relates is liable to pay the costs of impounding\nthe vehicle as a result of the determination or order.\n\nTraffic Act 1987 69\n(2) However, a person is entitled to be reimbursed the amount of those\ncosts that is attributable to the initial period and the 2 days\nimmediately following the initial period (the initial costs) if:\n(a) the person incurs the initial costs when the owner of the\nvehicle collects the vehicle after the initial period; and\n(b) for a vehicle impounded under an impounding determination –\nany of the following applies:\n(i) the determination is revoked;\n(ii) the driver is found not guilty of the alleged offence;\n(iii) the driver is not charged with, or issued with a traffic\ninfringement notice or summons for, the alleged offence\nwithin 6 months after the determination is made; and\n(c) for a vehicle impounded under an impounding order – the\norder is overturned on an appeal against the decision to make\nthe order.\n(3) The Territory is responsible for the initial costs if subsection (2)\napplies.\n(4) If the Territory incurs an amount of costs of impounding the vehicle\n(other than the initial costs for which the Territory is responsible\nunder subsection (3)), the amount is a debt due to the Territory by\nthe driver.\n(5) Despite subsections (3) and (4), the regulations may provide for the\nrelease of the vehicle to a person on payment of an amount by the\n(6) This section does not prevent the owner of the vehicle to recover\nfrom the driver an amount of the costs of impounding the vehicle\npaid by the owner under section 29AP(1).\n29AR Disposal of impounded vehicles\n(1) This section applies if the owner of a motor vehicle to which an\nimpounding determination or impounding order relates does not\ncollect the vehicle:\n(a) for an impounding determination – within 28 days after a copy\nof the impounding determination is given to a person under\nsection 29AD(4); or\n(b) for an impounding order – within 28 days after the order\nexpires.\n\nTraffic Act 1987 70\n(2) The Commissioner of Police may dispose of the vehicle in any way\nthe Commissioner considers appropriate (including, for example,\nsale or destruction) if:\n(a) all proceedings for the alleged offence or offence to which the\ndetermination or order relates have ended, the period for\nappeal has expired and, for an impounding order, the order is\nnot overturned; and\n(b) at least 28 days before the proposed disposal of the vehicle –\nthe Commissioner has notified each of the following of the\nproposed disposal:\n(i) the person who was the driver of the vehicle at the time\nof the alleged offence or offence;\n(ii) if the vehicle is registered and that driver is not the\nregistered owner or registered operator of the vehicle –\nthe registered owner and registered operator;\n(iii) if the Commissioner knows the identity of the owner of\nthe vehicle (whether or not the vehicle is registered) –\nthat owner;\n(iv) anyone else whom the Commissioner knows to have an\ninterest in the vehicle; and\n(c) at least 28 days before the proposed disposal – the\nCommissioner has, by Gazette notice, publicised the\nproposed disposal; and\n(d) at least 28 days before the proposed disposal – the\nCommissioner has notified the Registrar about the proposed\ndisposal; and\n(e) the Commissioner has obtained a written search result of the\nPPS Register in the appropriate form in relation to the vehicle\nunder the PPS Act.\n(3) The Commissioner of Police is required to notify a person\nmentioned in subsection (2)(b) only to the extent to which it is\nreasonably practicable to do so.\n(4) The owner of the vehicle is entitled to collect the vehicle at anytime\nbefore the proposed disposal on payment of the costs of\nimpounding the vehicle as mentioned in section 29AQ.\n(5) If the motor vehicle is disposed of by sale to a person, the\npurchaser holds title to the vehicle free of any interest existing in it\nbefore the disposal.\n\nTraffic Act 1987 71\n(6) If the Commissioner of Police sells the vehicle under this section,\nthe proceeds of the sale must be paid as follows:\n(a) first – in payment of the expenses of the sale;\n(b) second – in payment of the costs incurred by the Territory for\nany impounding determination or impounding order for the\nvehicle;\n(c) third – in payment of the costs incurred by the Territory for\ngiving notice to a person about the proposed disposal;\n(d) fourth – in payment of the amount owing to the holder of a\nsecurity interest in the vehicle that is registered in the PPS\nRegister;\n(e) fifth – to the owner of the vehicle.\n(7) If, after making reasonable attempts to locate the owner, the\nCommissioner has not done so, the amount payable to the owner\nunder subsection (6) must be paid to the Central Holding Authority.\n29AS Disposal of forfeited vehicles\n(1) The Commissioner of Police may dispose of a motor vehicle\nforfeited under a forfeiture order in any way the Commissioner\nconsiders appropriate (including, for example, sale or destruction).\n(2) If the Commissioner of Police sells the vehicle under this section,\nthe proceeds of the sale must be paid as follows:\n(a) first – in payment of the expenses of the sale;\n(b) second – in payment of the costs incurred by the Territory for\nremoving and keeping the vehicle for the forfeiture order;\n(c) third – in payment of the costs incurred by the Territory for any\nimpounding determination or impounding order for the vehicle;\n(d) fourth – in payment of the amount owing to the holder of a\nsecurity interest in the vehicle that is registered in the PPS\nRegister;\n(e) fifth – to the Central Holding Authority.\n\nTraffic Act 1987 72\n29AT Impounding determination, impounding order and forfeiture\norder\n(1) A person must not enter into a transaction relating to a motor\nvehicle, or remove anything fitted or attached to the vehicle, within\n28 days after an impounding determination has been made for the\nvehicle if:\n(a) the driver of the vehicle at the time of the alleged offence to\nwhich the determination relates was found guilty of 1 or more\nprescribed driving offences within 2 years immediately before\nthat time; and\n(b) the person knows that:\n(i) the driver has been found guilty of 1 or more of the\noffences within the 2 years; and\n(ii) an impounding determination has been made for the\nMaximum penalty: 200 penalty units or imprisonment not\nexceeding 1 year.\n(2) A person must not enter into a transaction relating to a motor\nvehicle, or remove anything fitted or attached to the vehicle, if:\n(a) a driver of the vehicle has been charged with, or issued with a\nsummons for, a prescribed driving offence (the relevant\noffence); and\n(b) the driver was found guilty of a single prescribed driving\noffence during the 2 years immediately before being charged\nwith the relevant offence; and\n(c) the person knows about the matters mentioned in\nparagraphs (a) and (b); and\n(d) the person has been notified under section 29AJ(2) of the\nintention of the Commissioner of Police to apply for an\nimpounding order for the relevant offence.\nMaximum penalty: 200 penalty units or imprisonment not\nexceeding 1 year.\n(3) Subsections (1) and (2) do not apply to any transaction entered into\nby a credit provider who repossesses or sells the vehicle as\nmentioned in section 29AO.\n\nTraffic Act 1987 73\n(4) A person must not enter into a transaction relating to a motor\nvehicle, or unlawfully remove anything fitted or attached to the\nvehicle, if:\n(a) a driver of the vehicle is charged with, or issued with a\nsummons for, a prescribed driving offence (the relevant\noffence); and\n(b) the driver was found guilty of 2 or more prescribed driving\noffences during the 2 years immediately before being charged\nwith the relevant offence; and\n(c) the person knows about the matters mentioned in\nparagraphs (a) and (b); and\n(d) the person has been notified under section 29AJ(2) of the\nintention of the Commissioner of Police to apply for a forfeiture\norder for the relevant offence.\nMaximum penalty: 400 penalty units or imprisonment not\nexceeding 2 years.\n(5) If a motor vehicle is impounded under an impounding determination\nor impounding order, a person must not:\n(a) unlawfully remove the vehicle or anything fitted or attached to\nthe vehicle from the storage place where the vehicle is kept; or\n(b) interfere with the vehicle while it is kept at the storage place;\nor\n(c) remove or tamper with any device used to immobilise the\nvehicle while it is kept at the storage place.\nMaximum penalty: 100 penalty units.\n(6) Subsection (5) does not apply to any of the following:\n(a) a credit provider repossessing or selling the vehicle as\nmentioned in section 29AO;\n(b) a person maintaining the vehicle (including, for example,\nperiodically starting the engine of the vehicle);\n(c) a person removing personal possessions (other than a thing\nthat is fitted or attached to the vehicle) from the vehicle.\n\nTraffic Act 1987 74\n(7) In this section:\ntransaction, relating to a vehicle, includes but is not limited to:\n(a) a sale of all or part of the vehicle; and\n(b) the creation of a mortgage or charge in relation to the vehicle.\n29AU Excessive noise from vehicle\n(1) If a police officer reasonably believes excessive noise is generated\nby or from a motor vehicle that is at a public place or on a public\nstreet, the officer may direct a person having control of the vehicle\nto reduce or stop the noise.\n(2) A person given the direction must comply with it.\n(3) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant establishes a reasonable excuse.\n29AV Disclosure of information\n(1) This section applies to a motor vehicle if:\n(a) an impounding determination has been made for the vehicle;\nor\n(b) an application for an impounding order or forfeiture order for\nthe vehicle has been made and is pending; or\n(c) an impounding order or forfeiture order is in force for the\n(2) A police officer may give any information held by the officer about\nthe vehicle to another person (including, for example, a tow truck\noperator) for the purposes of this Part.\n(3) A person who obtains the information because of subsection (2)\n(whether directly or indirectly) must not disclose the information to\nanyone except as authorised under, or for the purposes of, this\nPart.\nMaximum penalty: 200 penalty units or imprisonment\nfor 1 year.\n\nTraffic Act 1987 75\n29AX Review of Part\nThe Chief Executive Officer is to conduct a review of the first 7 years\nof the operation of this Part after the commencement of this section.\n","sortOrder":38},{"sectionNumber":"29A","sectionType":"section","heading":"Effect of suspension of licence to drive or vehicle registration","content":"29A Effect of suspension of licence to drive or vehicle registration\n(1) If a person's licence to drive is suspended under this Act or another\nAct, the person is to be taken not to hold a licence to drive during\nthe period of suspension.\n(2) If the registration of a vehicle is suspended under the Motor\nVehicles Act 1949, the vehicle is to be taken to not be registered\nduring the period of suspension.\n","sortOrder":39},{"sectionNumber":"30","sectionType":"section","heading":"Dangerous driving","content":"30 Dangerous driving\n(1) A person shall not, on a public street or public place, drive a vehicle\nrecklessly or at a speed or in a manner dangerous to the public.\nPenalty: 20 penalty units or imprisonment for 2 years.\n(2) In considering whether an offence has been committed under this\nsection, the court shall have regard to all the circumstances of the\ncase, including the nature, condition and use of the public street or\npublic place on which the offence is alleged to have been\ncommitted, and the amount of traffic which was, or might\nreasonably have been expected to have been, on that public street\nor public place at the time.\n(3) Where a person is found guilty of an offence against subsection (1)\nby reason of driving a motor vehicle on a public street or public\nplace recklessly or at a speed or in a manner dangerous to the\npublic, the person's licence shall, by force of the finding of guilt, be\ncancelled and that person shall be disqualified from holding a\nlicence:\n(a) for a first offence – for a period of 6 months; and\n(b) for a second or subsequent offence – for a period of\n12 months,\nor such longer period as the court thinks fit.\n\nTraffic Act 1987 76\n(4) A member of the Northern Territory Fire and Rescue Service, as\ndefined in section 5(1) of the Fire and Emergency Act 1996, who\ndrives a vehicle at a speed dangerous to the public does not\ncommit an offence against subsection (1) if:\n(a) the vehicle is being driven to a place in answer to a call for the\nservices of the Northern Territory Fire and Rescue Service, or\nwhile it is in use at a fire or other emergency; and\nand\n(4A) A driver of an ambulance who drives a vehicle at a speed\ndangerous to the public does not commit an offence against\nsubsection (1) if:\n(a) the ambulance is being driven in the execution of the driver's\nduties; and\nand\n(5) A police officer does not commit an offence against subsection (1) if\nthe police officer drives a vehicle in a manner that would otherwise\ncontravene that subsection, but, in the circumstances:\n(a) the police officer is acting in the execution of the police\nofficer's duties; and\n(b) the manner of driving is in accordance with any general orders\nas defined in the Police Administration Act 1978; and\n(c) the police officer reasonably believes that:\n(i) the manner of driving is necessary to prevent a serious\nrisk to public safety; and\n\nTraffic Act 1987 77\n(ii) the necessity for the manner of driving outweighs the\nrisk to public safety posed by the manner of driving.\n","sortOrder":40},{"sectionNumber":"30A","sectionType":"section","heading":"Driving at dangerous speed","content":"30A Driving at dangerous speed\n(1) A person must not drive a vehicle at a speed that is 45 km/h or\nmore faster than the prescribed speed limit for the length of road.\nPenalty: 20 penalty units or imprisonment for 2 years.\n(2) Where a person is found guilty of an offence against subsection (1),\nthe person's licence is, by force of the finding of guilt, cancelled and\nthe person is disqualified from holding a licence:\n(a) for a first offence – for a period of 3 months; or\n(b) for a second offence or subsequent offence – for a period of\n6 months,\nor for such longer period as the Court thinks fit.\n(3) A member of the Northern Territory Fire and Rescue Service, as\ndefined in section 5(1) of the Fire and Emergency Act 1996, who\ndrives a vehicle at a speed dangerous to the public does not\ncommit an offence against subsection (1) if:\n(a) the vehicle is being driven to a place in answer to a call for the\nservices of the Northern Territory Fire and Rescue Service, or\nwhile it is in use at a fire or other emergency; and\nand\n(3A) A driver of an ambulance who drives a vehicle at a speed\ndangerous to the public does not commit an offence against\nsubsection (1) if:\n(a) the ambulance is being driven in the execution of the driver's\nduties; and\nand\n\nTraffic Act 1987 78\n(4) A police officer does not commit an offence against subsection (1) if\nthe police officer drives a vehicle at a speed that is 45km/h or more\nfaster than the prescribed speed for the length of road, but, in the\ncircumstances:\n(a) the police officer is acting in the execution of the police\nofficer's duties; and\n(b) the speed of the vehicle is in accordance with any general\norders as defined in the Police Administration Act 1978; and\n(c) the police officer reasonably believes that:\n(i) the speed of the vehicle is necessary to prevent a\nserious risk to public safety; and\n(ii) the necessity for the speed of the vehicle outweighs the\nrisk to public safety posed by the speed of the vehicle.\n","sortOrder":41},{"sectionNumber":"30B","sectionType":"section","heading":"Careless driving","content":"30B Careless driving\n(1) A person commits an offence if:\n(a) the person drives a motor vehicle; and\nthe circumstances of the driver; and\n(c) the manner of that driving results in the death of a person.\nMaximum penalty 60 penalty units or imprisonment for\n2 years.\n(2) A person commits an offence if:\n(a) the person drives a motor vehicle; and\nthe circumstances of the driver; and\n\nTraffic Act 1987 79\n(c) the manner of that driving results in serious harm to a person.\nMaximum penalty 40 penalty units or imprisonment for\n18 months.\n(3) A person commits an offence if:\n(a) the person drives a vehicle; and\nthe circumstances of the driver.\nMaximum penalty 20 penalty units or imprisonment\nfor 6 months.\n(4) An offence against subsection (1), (2) or (3) is an offence of strict\nliability.\n(5) It is a defence to a prosecution for an offence against\nsubsection (1), (2) or (3) if:\n(a) the defendant, before or while driving, considered whether or\nnot facts existed and was under a mistaken but reasonable\nbelief about those facts; and\n(b) the mistaken belief was of a kind that a prudent and\ncompetent driver may have made driving with the level of\ncaution appropriate in the same circumstances as the\ndefendant; and\n(c) had those facts existed, the manner of that driving would not\nhave constituted an offence.\nNote for subsection (5)\nThe defendant has an evidential burden in relation to this defence (see\nsection 43BU of the Criminal Code).\n(6) For subsection (5), a person may be regarded as having\nconsidered whether or not facts existed if:\n(a) the person considered, on a previous occasion, whether those\nfacts existed in the circumstances surrounding that occasion;\nand\n(b) the person honestly and reasonably believed that the\ncircumstances surrounding the present occasion were the\nsame, or substantially the same, as those surrounding the\nprevious occasion.\n\nTraffic Act 1987 80\n(7) Despite section 43AN(1)(b) and (2)(b) of the Criminal Code,\nsection 43AX of the Criminal Code does not apply to an offence\nagainst subsection (1), (2) or (3).\n","sortOrder":42},{"sectionNumber":"31","sectionType":"section","heading":"Driving while disqualified","content":"31 Driving while disqualified\n(1) Where a person is disqualified from holding a licence for a period,\nthat person shall not during that period:\n(a) obtain a licence; or\n(b) drive a motor vehicle on a public street or public place.\nPenalty: Imprisonment for 12 months.\n(1A) If a person is disqualified from obtaining a licence other than an AIL\nlicence for an AIL period, the person must not apply for a licence\nother than an AIL licence during that period.\n(1B) In addition, the person must not, during that period, drive a motor\nvehicle at a public place or on a public street except under an AIL\nlicence.\n(2) Where a person is found guilty of an offence against subsection (1)\nor (1B), the court may disqualify that person from holding a licence\nfor such further period as it thinks fit.\n","sortOrder":43},{"sectionNumber":"32","sectionType":"section","heading":"Driving while not licensed","content":"32 Driving while not licensed\n(1) A person shall not drive a motor vehicle on a public street or public\nplace:\n(a) unless that person:\n(i) holds a licence;\n(ii) is temporarily in the Territory and holds a licence or\npermit to drive a motor vehicle granted in:\n(A) the country or a State or other Territory of the\nCommonwealth in which that person usually\nresides; and\n(B) when required, holds a current international driving\npermit granted in accordance with the terms of the\n","sortOrder":44},{"sectionNumber":"1949","sectionType":"section","heading":"United Nations Convention on Road Traffic;","content":"1949 United Nations Convention on Road Traffic;\n(iii) holds a learner's licence; or\n\nTraffic Act 1987 81\n(iv) is temporarily in the Territory and holds a licence or\npermit (however referred to) granted in the country or the\nState or other Territory of the Commonwealth in which\nthat person usually resides which permits the person to\ndrive a motor vehicle to gain experience for the purpose\nof obtaining a licence to drive a motor vehicle,\nand is driving in accordance with the conditions, if any, of the\nlicence or permit, and the motor vehicle is one which the\nperson is permitted by the licence or permit to drive; or\n(b) if:\n(i) that person is disqualified from holding a licence in a\nState or another Territory of the Commonwealth, during\nthe period that the disqualification is in force; or\n(ii) the Registrar has revoked or suspended the person's\nentitlement to drive a motor vehicle under section 101B\nof the Motor Vehicles Act 1949, during the period that\nthe revocation or suspension is in force.\n(2) A person shall not employ, permit or suffer a person to drive a\nmotor vehicle on a public street or public place if that person is not,\nby virtue of subsection (1), permitted to drive that motor vehicle.\n(3) For the purposes of subsection (1)(a) or (2), a person who is a\nresident of the Territory shall be deemed not to hold a licence to\ndrive a motor vehicle unless that person is, under section 8A(3) of\nthe Motor Vehicles Act 1949, exempted from the requirement to be\nlicensed, notwithstanding that that person is the holder of a licence\nto drive that motor vehicle granted under a law of a country or of a\nState or another Territory of the Commonwealth relating to the\nlicensing of persons to drive motor vehicles.\n(4) In a prosecution for an offence against subsection (1)(a) or (2)\nrelating to a person who is deemed not to hold a licence to drive a\nmotor vehicle by virtue of subsection (3), an averment in the\ncomplaint that the person is a resident of the Territory is prima facie\nevidence of that fact.\n","sortOrder":45},{"sectionNumber":"33","sectionType":"section","heading":"Driving unregistered vehicle","content":"33 Driving unregistered vehicle\n(1) A person shall not:\n(a) drive; or\n(b) employ, permit or suffer a person to drive,\n\nTraffic Act 1987 82\non a public street or public place a motor vehicle which is not\nPenalty: 20 penalty units or imprisonment for 12 months.\n(2) An inspector or a member of the Police Force who has reason to\nbelieve that a motor vehicle is not registered may remove a number\nplate which is attached to that vehicle.\n(3) For the purposes of this section:\n(a) a visiting motor vehicle in relation to which there is in force a\npolicy of insurance complying with the provisions of a law in\nforce in a State or another Territory of the Commonwealth\nrequiring the owner or driver of a motor vehicle to be insured\nagainst liability in respect of the death of or bodily injury to a\nperson caused by or arising out of the use of the motor\nvehicle; and\n(aa) a motor vehicle being driven by the shortest practicable route\nto a repair workshop:\n(i) that is located within a reasonable distance in the\ncircumstances; and\n(ii) that has the services of an inspector appointed under the\nMotor Vehicles Act 1949; and\n(iii) where arrangements for the presentation of the vehicle\nhave been made in advance,\nfor the purpose of the vehicle being inspected or repaired in\norder for it to be registered; and\n(b) a motor vehicle being driven by the shortest practicable route\nto the nearest office of the Registrar or police station, for the\npurpose of registering that vehicle; and\n(c) a motor vehicle being removed or operated in pursuance of a\nlicence granted under section 137 of the Motor Vehicles\nAct 1949 or a licence or other document, granted under a\nprovision of an Act of a State or another Territory of the\nCommonwealth, which permits the driving of a vehicle not\nregistered under such an Act; and\n(d) a motor vehicle being driven in pursuance of, and in\naccordance with, a pastoral vehicle permit granted under\nsection 137B of the Motor Vehicles Act 1949; and\n\nTraffic Act 1987 83\n(da) a motor vehicle being towed, moved or driven under\nsection 47(4); and\n(e) a vehicle which is the property of the Commonwealth or an\nauthority of the Commonwealth;\nare taken to be registered.\n(4) A person shall not drive a visiting motor vehicle on a public street or\npublic place unless that person complies with the conditions,\nrestrictions or limitations (if any) imposed in respect of its\nregistration in the country, State or Territory of the Commonwealth\nwhere it is registered and:\n(a) that person can establish, to the satisfaction of the Registrar,\nthat within the period of 3 months immediately preceding that\nday, it had been outside the Territory; or\n(b) the vehicle is, under section 8A(1) of the Motor Vehicles\nAct 1949, exempted from the requirement for registration.\n(4A) For the purposes of subsection (1), a motor vehicle is to be deemed\nto be not registered, notwithstanding that it is registered under a law\nof another country or of a State or another Territory of the\nCommonwealth relating to the registration of motor vehicles, where\nit is being driven in contravention of a condition, restriction or\nlimitation imposed in respect of its registration in that country, State\nor Territory.\n(5) For the purposes of subsection (1), a motor vehicle shall be\ndeemed to be not registered, notwithstanding that it is registered\nunder a law of another country or of a State or another Territory of\nthe Commonwealth relating to the registration of motor vehicles,\nwhere it is being driven by a person who is:\n(a) a resident of the Territory; and\n(b) the owner of the vehicle,\nand the vehicle has been in the Territory continuously for:\n(c) more than 28 days; or\n(d) where the Registrar has, under section 8A(1) of the Motor\nVehicles Act 1949, exempted the vehicle from the requirement\nfor registration for a period, for more than that period.\n(6) For the purposes of subsection (5)(b), but without limiting that\nsubsection, a person shall be deemed to be the owner of a motor\nvehicle if it is registered under a law of another country or of a State\n\nTraffic Act 1987 84\nor another Territory of the Commonwealth in the name of that\nperson or in the name of a spouse, de facto partner, dependant or\nparent, who is a resident of the Territory, of that person.\n(7) In a prosecution for an offence against subsection (1) in respect of\na motor vehicle which is deemed not to be registered by virtue of\nsubsection (5), an averment in the complaint that:\n(a) a person is a resident of the Territory; or\n(b) the vehicle in respect of which an alleged offence was\ncommitted had been in the Territory continuously for a\nspecified period,\nis prima facie evidence of the matters averred.\n(8) This section does not apply to a vehicle to which section 33A\napplies.\n","sortOrder":46},{"sectionNumber":"33A","sectionType":"section","heading":"Driving unregistered heavy vehicle","content":"33A Driving unregistered heavy vehicle\n(1) A person shall not:\n(a) drive; or\n(b) employ, permit or suffer a person to drive,\non a public street or public place a heavy vehicle which is not\nPenalty: In the case of a natural person – 20 penalty units or\nIn the case of a body corporate – 100 penalty units.\n(2) Where a heavy vehicle that is a visiting motor vehicle:\n(a) is registered in the configuration in which the vehicle was\ndriven at the time of the alleged offence under a law of\nanother country or of a State or another Territory of the\nCommonwealth relating to the registration of motor vehicles\nand the registration is not void outside of, or of effect only\nwithin, the State or Territory in which registration occurred; or\n(b) was, at the time of the alleged offence, driven in a\nconfiguration specified in a permit issued under section 107B\nof the Motor Vehicles Act 1949 in relation to the vehicle,\nand there is in force in relation to the vehicle a policy of insurance\ncomplying with the provisions of a law in force in a State or another\n\nTraffic Act 1987 85\nTerritory of the Commonwealth requiring the owner or driver of a\nmotor vehicle to be insured against liability in respect of the death\nof or bodily injury to a person caused by or arising out of the use of\nthe motor vehicle and the policy is not void outside of, or of effect\nonly within, the State or Territory in which registration occurred, the\nheavy vehicle shall be deemed to be registered.\n(3) Subject to subsection (4), where an owner of a vehicle is found\nguilty of an offence against subsection (1) in relation to the vehicle,\nthe owner shall, in addition to the penalty, if any, imposed under\nsubsection (1), pay to the Registrar an amount equal to the amount,\nat the time at which the offence occurred, payable under section 13\nof the Motor Vehicles Act 1949 for 12 months registration of the\nvehicle in the configuration in which the vehicle was driven at the\ntime of the offence.\n(4) The Regulations may prescribe that the penalty specified in\nsubsection (3) does not apply to certain specified classes of\noffences against that subsection and that penalty shall accordingly\nnot apply to those offences.\n(5) An inspector or a member of the Police Force who has reason to\nbelieve that a heavy vehicle is not registered may remove a number\nplate which is attached to that vehicle.\n(6) For the purposes of this section:\n(a) a heavy vehicle being driven by the shortest practicable route\nto the nearest office of the Registrar or police station, for the\npurpose of registering that vehicle; and\n(b) a heavy vehicle being removed or operated in pursuance of a\nlicence granted under section 137 of the Motor Vehicles\nAct 1949 or a licence, granted under a law of a State or\nanother Territory of the Commonwealth, which permits the\ndriving of a vehicle not registered under such an Act; and\n(c) a heavy vehicle being driven in pursuance of, and in\naccordance with, a pastoral vehicle permit granted under\nsection 137B of the Motor Vehicles Act 1949; and\n(d) a heavy vehicle being towed, moved or driven under\nsection 47(4); and\n(e) a heavy vehicle which is the property of the Commonwealth or\nan authority of the Commonwealth;\nare taken to be registered.\n\nTraffic Act 1987 86\n(7) A person shall not, on a public street or public place, drive a heavy\nvehicle that is a visiting motor vehicle, unless that person is driving\nthe heavy vehicle in compliance with the conditions, restrictions or\nlimitations (if any) imposed in respect of its registration in the\ncountry, State or Territory of the Commonwealth where it is\nregistered and:\n(a) that person can establish, to the satisfaction of the Registrar,\nthat within the period of 3 months immediately preceding that\nday, it had been outside the Territory; or\n(b) the vehicle is, under section 8A(1) of the Motor Vehicles\nAct 1949, exempted from the requirement for registration.\n(7A) For the purposes of subsection (1), a heavy vehicle that is a visiting\nmotor vehicle is to be deemed to be not registered, notwithstanding\nthat it is registered under a law of another country or of a State or\nanother Territory of the Commonwealth relating to the registration\nof heavy vehicles, where it is being driven in contravention of a\ncondition, restriction or limitation imposed in respect of its\nregistration in that country, State or Territory.\n(8) For the purposes of subsection (1), a heavy vehicle shall be\ndeemed to be not registered, notwithstanding that it is registered\nunder a law of another country or of a State or another Territory of\nthe Commonwealth relating to the registration of motor vehicles,\nwhere it is being driven by a person who is:\n(a) a resident of the Territory; and\n(b) the owner of the vehicle,\nand the vehicle has been in the Territory continuously:\n(c) for more than 28 days; or\n(d) where the Registrar has, under section 8A(1) of the Motor\nVehicles Act 1949, exempted the vehicle from the requirement\nfor registration for a period, for more than that period.\n(9) For the purposes of subsection (8)(b), but without limiting that\nsubsection, a person shall be deemed to be the owner of a heavy\nvehicle if it is registered under a law of another country or of a State\nor another Territory of the Commonwealth in the name of that\nperson or in the name of a spouse, de facto partner, dependant or\nparent, who is a resident of the Territory, of that person.\n\nTraffic Act 1987 87\n(10) In a prosecution for an offence against subsection (1) in respect of\na heavy vehicle which is deemed not to be registered by virtue of\nsubsection (9), an averment in the complaint that:\n(a) a person is a resident of the Territory; or\n(b) the vehicle in respect of which an alleged offence was\ncommitted had been in the Territory continuously for a\nspecified period,\nis prima facie evidence of the matters averred.\n(11) In this section:\nconfiguration has the meaning it has in the Motor Vehicles\nheavy vehicle means a vehicle to which, if the vehicle were\nrequired to be registered in the Territory, the Road Transport\nCharges Laws of the Territory as defined in section 5(1) of the\nMotor Vehicles Act 1949 would apply.\n","sortOrder":47},{"sectionNumber":"33B","sectionType":"section","heading":"Person may be cautioned","content":"33B Person may be cautioned\n(1) This section applies if a person:\n(a) contravenes section 32, 33 or 33A because the person's\nlicence to drive or the registration of the vehicle is suspended\nbecause the person (or the owner of the vehicle) is a fine\ndefaulter; or\n(b) contravenes section 32 because the person is subject to a\nsuspension period under Part 3 of the Motor Vehicles\n(1A) A member of the Police Force may, if satisfied that the person was\nunaware of the suspension, caution the person and (if necessary)\npermit the person to continue to drive the vehicle to a nominated\nplace instead of charging the person with an offence.\n(1B) The Registrar may also, if satisfied that the person was unaware of\nthe suspension, caution the person and (if necessary) permit the\nperson to drive the vehicle to a nominated place.\n(2) A person who has been previously cautioned under this section for\ncontravening section 32, 33 or 33A is not entitled to be cautioned\nagain on another occasion in respect of the same suspension.\n\nTraffic Act 1987 88\n(3) It is a defence to a charge of contravening section 32, 33 or 33A if\nthe person charged proves that he or she was given permission to\ndrive under subsection (1A) or (1B).\n","sortOrder":48},{"sectionNumber":"34","sectionType":"section","heading":"Driving uninsured or improperly insured vehicle","content":"34 Driving uninsured or improperly insured vehicle\n(1) Subject to subsection (4), a person shall not drive or permit to be\ndriven on a public street or public place a motor vehicle in respect\nof which a current compensation contribution has not been paid\nunder Part 5 of the Motor Vehicles Act 1949.\nPenalty: If the offender is a natural person – 100 penalty units.\nIf the offender is a body corporate – 500 penalty units.\nIn both cases, the minimum penalty is:\n(a) for a first offence – 5 penalty units; and\n(b) for a second or subsequent offence –\n10 penalty units.\n(2) Subject to subsection (4), the owner of a motor vehicle shall not use\nor permit it to be used for a purpose which, under Part 5 of the\nMotor Vehicles Act 1949, requires a compensation contribution to\nbe paid greater than that paid for that vehicle at the time it was\nPenalty: If the offender is a natural person – 100 penalty units.\nIf the offender is a body corporate – 500 penalty units.\nIn both cases, the minimum penalty is:\n(a) for a first offence – 5 penalty units; and\n(b) for a second or subsequent offence –\n10 penalty units.\n(3) Subsections (1) and (2) do not apply to or in relation to a motor\nvehicle which is deemed under section 33(3) or section 33A(2)\nor (6) to be registered.\n(4) Notwithstanding that a minimum penalty is prescribed for an\noffence against subsections (1) and (2) the Regulations may\nprovide that the minimum penalty shall not apply to certain classes\nof offences against those subsections and that minimum penalty\nshall accordingly not apply to those offences.\n\nTraffic Act 1987 89\n","sortOrder":49},{"sectionNumber":"35","sectionType":"section","heading":"Driving motor vehicle registered on conditions, &c.","content":"35 Driving motor vehicle registered on conditions, &c.\n(1) If the Registrar has under the Motor Vehicles Act 1949 registered or\nrenewed the registration of a motor vehicle subject to conditions, a\nperson driving the motor vehicle must comply with those conditions.\n(2) If the Registrar has under section 102A of the Motor Vehicles\nAct 1949 endorsed on a certificate of registration a direction that the\nmotor vehicle is not to be driven except between the times specified\nin the endorsement, a person driving the motor vehicle must comply\nwith the direction.\n","sortOrder":50},{"sectionNumber":"36","sectionType":"section","heading":"Laying of complaint","content":"36 Laying of complaint\n(1) A complaint for an offence against this Act may be made by any\n(2) Where a complaint is made by a person (other than the Director, an\ninspector, a member of the Police Force or a person authorized by\na statutory corporation to make complaints on its behalf under this\nAct) and the proceedings are dismissed or the complaint is\nwithdrawn, the court may, if it thinks fit, order that person to pay to\nthe defendant, in addition to any costs, such compensation as it\nthinks reasonable.\n","sortOrder":51},{"sectionNumber":"37","sectionType":"section","heading":"Offence due to accident","content":"37 Offence due to accident\n(1) A person is not liable to be found guilty of an offence against this\nAct if that person proves, to the satisfaction of the court hearing the\ncase, that the offence could not have been avoided by any\nreasonable efforts on that person's part.\n(2) It is a defence to a prosecution for an offence against this Act if the\ndefendant satisfies the court that the action the defendant took was\nreasonable in the circumstances and intended to evade a\ndangerous situation which had arisen through no fault or negligence\non the defendant's part.\n","sortOrder":52},{"sectionNumber":"38","sectionType":"section","heading":"Proof of speed","content":"38 Proof of speed\n(1) A person shall not be found guilty of an offence of or relating to\nexceeding a prescribed speed limit solely on the evidence of one\nwitness to the effect that, in the opinion of the witness, the person\nwas driving the vehicle at a speed faster than that permitted for that\n\nTraffic Act 1987 90\n(2) A complaint for an offence of or relating to driving a vehicle at a\nspeed exceeding a prescribed speed limit shall specify the speed at\nwhich, or faster than which, it is alleged the defendant drove the\n(3) Evidence may be given in any proceedings in a court for the\npurpose of showing the speed at which a vehicle was travelling at a\nparticular time by reference to the calculation of the speed of that\nvehicle as shown on a traffic infringement detection device and,\nwhere evidence is so given, it shall be prima facie evidence that the\nvehicle was travelling at the speed so calculated at that time.\n","sortOrder":53},{"sectionNumber":"40","sectionType":"section","heading":"Disqualification where offender not licensed","content":"40 Disqualification where offender not licensed\nWhere a person who does not hold a licence is found guilty of an\noffence against this Act, where, by force of the being found guilty\nthe person's licence would or may, if the person held one, be\ncancelled, that person shall be disqualified from holding a licence\nfor the period provided by the section to which the offence relates,\nor as otherwise ordered by the court in accordance with that\nsection.\n","sortOrder":54},{"sectionNumber":"41","sectionType":"section","heading":"Cancellation of licence","content":"41 Cancellation of licence\n(1) Subject to this Act, where a person is found guilty of an offence\nagainst this Act, the court may cancel the person's licence and\ndisqualify the person from holding another licence for such period\nas the court thinks fit.\n(2) The cancellation of a licence and disqualification from holding\nanother licence in respect of an offence against this Act is in\naddition to any other penalty imposed by the court for the offence.\n(3) A reference to the cancellation of a person's licence in this section\nor any other section of this Act shall be read as a reference to the\ncancellation of that person's licence to drive any motor vehicle.\n","sortOrder":55},{"sectionNumber":"42","sectionType":"section","heading":"Continuation of provisional licence","content":"42 Continuation of provisional licence\nIf:\n(a) a court finds a person guilty of an offence against this Act or\nthe Motor Vehicles Act 1949; and\n(b) the person's licence to drive a motor vehicle is provisional at\nthe time of the finding of guilt;\nthe court may, in addition to imposing any other penalty, order that\nthe provisional period be extended by not less than 3 months and\nnot more than 12 months.\n\nTraffic Act 1987 91\n","sortOrder":56},{"sectionNumber":"43","sectionType":"section","heading":"Appeals against findings of guilt, cancellations, &c.","content":"43 Appeals against findings of guilt, cancellations, &c.\n(1) Where:\n(a) a person has been found guilty of an offence against this Act;\nor\nand as a consequence of the being found guilty or the finding:\n(ba) the person's licence is cancelled; or\n(bb) the person is disqualified from holding a licence for a period;\nand:\n(bc) the person has duly instituted an appeal to the Supreme Court\nfrom the conviction, order or finding in respect of the offence,\nthen on and from the date when the court by which the order or\nconviction was made is satisfied that an appeal has been duly\ninstituted and until the determination of the appeal, this Act does\nnot apply to or in relation to that person being found guilty in so far\nas it would, but for this section:\n(c) cause that person to cease to be licensed or be deemed to be\nlicensed;\n(d) require the delivery of that person's licence to the Registrar for\ncancellation; or\n(e) cause that person to be disqualified from being granted a\nlicence or from holding a licence.\n(2) Unless the Supreme Court on the hearing of an appeal quashes\nconviction, order or finding sets aside the finding:\n(a) the period, if any, during which the appellant is disqualified\nfrom being granted or holding a licence to drive a motor\nvehicle ends, subject to any order the Supreme Court makes\non the hearing of the appeal, on the date which is as many\ndays after the date on which it would have ended if there had\nbeen no appeal as there are days in the period between the\ninstitution and the determination of the appeal; and\n(b) subject to any order the Supreme Court makes on the hearing\nof the appeal, the appellant is not licensed or shall not be\ndeemed to be licensed during the period commencing on the\ndetermination of the appeal and ending on the date which is\nas many days after the determination as there are days in the\nperiod between the institution and the determination of the\n\nTraffic Act 1987 92\nappeal.\n43AA Demerit points offence\n(1) If a demerit points offence is detected by a traffic infringement\ndetection device and:\n(a) an infringement notice is issued to a body corporate that is the\nregistered owner of the vehicle; and\n(b) the registered owner does not, within the time allowed by the\nnotice, return a statutory declaration:\n(i) identifying a natural person as the driver of the vehicle at\nthe time the offence was committed; or\n(ii) identifying another body corporate that, at the time the\noffence was committed, had control of the vehicle under\na hire or lease agreement;\nthe body corporate is liable to an infringement notice penalty equal\nto 5 times the infringement notice penalty amount prescribed for the\n(2) If a demerit points offence is detected by a traffic infringement\ndetection device and:\n(a) an infringement notice is issued to a body corporate that, at\nthe relevant time, had control of the vehicle under a hire or\nlease agreement; and\n(b) the body corporate does not, within the time allowed by the\nnotice, return a statutory declaration identifying a natural\nperson as the driver of the vehicle at the time the offence was\ncommitted;\nthe body corporate is liable to an infringement notice penalty equal\nto 5 times the infringement notice penalty amount prescribed for the\n(3) In this section:\nbody corporate includes an Agency and, so far as the legislative\npower of the Legislative Assembly permits, an agency of the\nCommonwealth or another jurisdiction.\nregistered owner is taken to include a nominated operator under\nsection 92A of the Motor Vehicles Act 1949.\n\nTraffic Act 1987 93\n43AAB Liability of owner of motor vehicle for certain offences\ncommitted by unidentified driver\n(1) This section applies in relation to an offence (a designated\noffence) involving the driving or use of a motor vehicle under any of\nthe following provisions:\n(a) section 30B(3) or 33(1)(a) or (4) of the Act;\n(b) a provision of the Regulations that is prescribed by regulation\nfor this section.\n(2) The purpose of this section is to provide for:\n(a) an owner of a motor vehicle involved in the commission of a\ndesignated offence to be held liable for the offence if the\nidentity of the person driving or otherwise in control of the\nmotor vehicle at the time the offence occurs is not\nascertained; and\n(b) means by which the owner can avoid being attributed liability\nfor the commission of the designated offence by operation of\nthis section if the owner was not the person who was driving\nor in control of the motor vehicle at the time the offence\noccurred.\n(3) Subject to this section, if a designated offence occurs, the person\nwho at the time of the occurrence of the designated offence is the\nowner of the motor vehicle involved in the offence is taken to have\ncommitted that offence as if the owner were the person driving or in\ncontrol of the motor vehicle at that time.\n(4) Subsection (3) does not apply to the owner of the motor vehicle if:\n(a) at the time of the offence the vehicle was reported as stolen;\nor\n(b) at the time of the offence:\n(i) the owner had sold or disposed of the vehicle but the\nregistration of the vehicle had not been transferred to the\nnew owner under the Motor Vehicles Act 1949; and\n(ii) the owner had provided the Registrar with a notice of\ndisposal in respect of the vehicle under section 20 of the\nMotor Vehicles Act 1949; or\n(c) within 14 days after the owner receives or is served with the\nfirst of an infringement notice, a courtesy letter under Part 2,\n","sortOrder":57},{"sectionNumber":"Div 3","sectionType":"division","heading":"of the Fines and Penalties (Recovery) Act 2001 or a","content":"Division 3 of the Fines and Penalties (Recovery) Act 2001 or a\n\nTraffic Act 1987 94\nsummons in relation to the offence, the owner delivers to an\nappropriate place a statutory declaration made by the owner\nstating that:\n(i) another person was the driver or in control of the vehicle\nat the time of the offence and setting out the name and\naddress of that other person (if known) and any other\ninformation known to the owner that may assist in\nidentifying or locating that other person; or\n(ii) the vehicle was sold before the offence occurred and\nsetting out the date of the sale, the name and last known\naddress of the person to whom it was sold and, if the\nsale was made through an agent, the name and address\nof the agent; or\n(iii) the vehicle had been stolen or was being used\nunlawfully without the owner's consent at the time of the\n(5) If the owner of the motor vehicle is a body corporate, a director,\nsecretary or manager of the body corporate may make a statutory\ndeclaration on behalf of the body corporate for the purposes of\nsubsection (4).\n(6) If the owner of the motor vehicle is the Territory, the\nCommonwealth, a State, another Territory or a statutory corporation\n(a relevant entity), a person who is authorised, or apparently\nauthorised, by the relevant entity may make a statutory declaration\non behalf of the entity for the purposes of subsection (4).\n(7) A person named in a statutory declaration as being in control of a\nmotor vehicle at the time of an offence cannot be found guilty of the\noffence unless a copy of the statutory declaration is served on the\nperson with the summons for the offence.\n(8) If a person is specified as the new owner of a motor vehicle in a\nnotice of disposal referred to in subsection (4)(b):\n(a) the person is to be taken to be the owner of the vehicle at the\ntime of the occurrence of the designated offence for this\nsection (other than subsection (4)(b)); and\n(b) this section applies as if a reference to the owner of the\nvehicle (other than in subsection (4)(b)) were a reference to\nthat person.\n\nTraffic Act 1987 95\n(9) A statutory declaration referred to in subsection (4)(c) that names\nanother person as being in control of the motor vehicle at the time\nof the designated offence or names a person to whom the vehicle\nwas sold before the designated offence occurred:\n(a) is admissible in evidence in a prosecution of the person in\nrelation to the offence; and\n(b) is evidence that the person was the driver or person in control\nof the vehicle at the time of the offence.\n(10) Subject to subsection (11), nothing in subsection (3) affects the\nliability of a person for the commission of the designated offence\nwho:\n(a) is the driver or person in control of the motor vehicle at the\ntime the offence occurs; and\n(b) is otherwise not the owner of the vehicle.\n(11) If a penalty has been imposed on a person in relation to an offence:\n(a) another person cannot be charged with the same offence; and\n(b) a further penalty cannot be imposed on or recovered from\nanother person in relation to the same offence.\n(12) An infringement notice that is withdrawn in accordance with the\nRegulations is not a penalty imposed on a person for\nsubsection (11).\n(13) In this section:\nappropriate place means:\n(a) a place specified in an infringement notice for paying a penalty\nor lodging a statutory declaration; or\n(b) a place specified in a courtesy letter under Part 2, Division 3 of\nthe Fines and Penalties (Recovery) Act 2001 for the paying of\na penalty; or\n(c) a place specified in a summons for appearance.\nnew owner, see section 5(1) of the Motor Vehicles Act 1949.\nnotice of disposal means a notice of disposal mentioned in\nsection 20 of the Motor Vehicles Act 1949.\n\nTraffic Act 1987 96\nowner, of a motor vehicle, means the person who is:\n(a) the registered owner of the vehicle under the Motor Vehicles\nAct 1949 or a corresponding law of another jurisdiction; or\n(b) if the vehicle registration has expired – the last registered\nowner under the Motor Vehicles Act 1949 or a corresponding\nlaw of another jurisdiction; or\n(c) if the vehicle has trader's plates as defined in section 34 of the\nMotor Vehicles Act 1949 attached to it – the person licensed\nunder that Act to use the plates.\npenalty includes an amount payable under an infringement notice.\n","sortOrder":58},{"sectionNumber":"43A","sectionType":"section","heading":"Special provisions for races, &c.","content":"43A Special provisions for races, &c.\n(1) On the application of a person, the Minister may, in writing, declare\nthat an event that is to be held on a public street or public place is\nan event to which this section applies and may order that:\n(a) a public street or public place on which the event is to be held\nand any adjacent or adjoining public street or public place is\nclosed to traffic for a specified period; and\n(b) a person taking part in the event is exempted, in relation to a\npublic street or public place on which the event is to be held,\nfrom the duty to observe an Act, regulation, or by-law,\nprescribing a rule to be observed on public streets or public\nplaces by pedestrians or the drivers of vehicles.\n(2) An order under this section shall only be made:\n(a) with the consent of the competent authority of a public street\nor public place that is to be closed;\n(b) after the Minister responsible for the administration of the\nMotor Accidents (Compensation) Commission Act 1979 has\nnotified the Minister that satisfactory arrangements are in\nplace to protect the Territory from any liability, and the Motor\nAccidents (Compensation) Commission from any liability\nunder the Motor Accidents (Compensation) Act 1979, that may\narise out of the holding of the event; and\n\nTraffic Act 1987 97\n(c) after the Minister is satisfied that the organisers of the event\nhave arranged a level of insurance that is adequate, in the\nMinister's opinion, to meet any liability that may arise out of\nthe holding of the event.\n(3) An applicant under this section shall give public notice of the event,\nby such means as the Minister requires, not less than 7 days prior\nto the date of the event.\n(4) An order under this section may be subject to such conditions as\nthe Minister thinks fit to impose.\n(5) Where the Minister is satisfied that a condition to which an order is\nsubject has not or is not being complied with, the Minister may vary,\ncancel, or suspend for such period as the Minister thinks fit, the\norder.\n(6) An order under this section renders lawful anything done in\naccordance with the order.\n(7) An order under this section may apply to the whole or a part of a\npublic street or public place.\n(8) For the purposes of an event to which this section applies, the\nDirector may appoint such persons as he or she thinks fit to be\nofficials.\n(9) A person appointed as an official under subsection (8) shall be\nprovided with an identification card by the Director, and the person\nshall, at all times when exercising his or her powers under\nsubsection (10), display the identification card.\n(10) A person appointed as an official under subsection (8) may give\nsuch reasonable directions to a person on a public street or public\nplace, other than a member of the Police Force, as are, in the\nperson's opinion, necessary for the safe and efficient conduct of an\nevent to which this section applies.\n(11) In addition to any other power to regulate traffic given by this or any\nother Act, a member of the Police Force may give such reasonable\ndirections to a person on a public street or public place, including a\nperson appointed as an official under subsection (8), as are, in the\nmember's opinion, necessary for the safe and efficient conduct of\nan event to which this section applies.\n(12) A direction under subsection (10) or (11) may include clearing\nvehicles or persons from a public street or public place or part of a\npublic street or public place or temporarily closing a public street or\npublic place or part of a public street or public place.\n\nTraffic Act 1987 98\n(13) A person shall not contravene or fail to comply with a condition to\nwhich an order under this section is subject.\n(14) A person to whom a direction under subsection (10) or (11) is given\nshall not contravene or fail to comply with the direction.\n(15) In this section, event means an organised sporting, recreational or\nother similar activity, whether the persons taking part are in\ncompetition with other persons or not, and includes a race and\npractice for a race.\n(16) No action or proceeding shall lie against the Minister or the Minister\nresponsible for the administration of the Motor Accidents\n(Compensation) Commission Act 1979 in respect of anything done\nor omitted to be done by him or her in good faith and purporting to\nbe for the purposes of this section.\n","sortOrder":59},{"sectionNumber":"43B","sectionType":"section","heading":"Exemptions","content":"43B Exemptions\n(1) The Registrar may, by notice in the Gazette, exempt a person in\nrelation to a particular motor vehicle or a motor vehicle of a class\nspecified in the notice, subject to such conditions, if any, as the\nRegistrar thinks fit, from the application of some or all of the\nprovisions of this Act.\n(2) In determining whether to grant an exemption under subsection (1),\nthe Registrar must have regard to the following in relation to the\nparticular motor vehicle or class of motor vehicle:\n(a) the speed capacity;\n(b) the likelihood of infrequent use on public streets or public\nplaces;\n(c) such other special considerations or characteristics of the\nvehicle as the Registrar thinks fit.\n","sortOrder":60},{"sectionNumber":"44","sectionType":"section","heading":"Traffic infringement detection device","content":"44 Traffic infringement detection device\n(1) The Commissioner may, by Gazette notice, approve a device of a\nkind specified in the notice as a traffic infringement detection\ndevice.\n(2) In the notice, the Commissioner:\n(a) must specify the manner in which, and the frequency with\nwhich, testing of the accuracy of the device must be carried\nout by an approved person; and\n\nTraffic Act 1987 99\n(b) may impose any other conditions the Commissioner thinks fit\non the approval.\n(3) The Commissioner may, by Gazette notice, approve a person as a\nperson qualified to test the accuracy of a traffic infringement\ndetection device.\n(4) A traffic infringement detection device must not be used for or in\nrelation to the detection of an offence unless it has been tested in\naccordance with the procedure specified under subsection (2).\n44AA Requirements for approval of device\n(1) The Commissioner must not approve as a traffic infringement\ndetection device a device that produces a photographic image or an\nelectronic image in respect of the commission of an offence unless:\n(a) the image shows the vehicle involved in the alleged\ncommission of the offence, including the number plate area\n(front or rear) of the vehicle; and\n(b) the device also records the following information:\n(i) a code identifying the device that recorded the image;\n(ii) a code identifying the location at which the device\nrecorded the image;\n(iii) the date and the time when the image was recorded;\n(iv) the relevant information mentioned in subsections (2)\nand (3);\n(v) other information as prescribed.\n(2) For an offence of exceeding a prescribed speed limit, the device\nmust also record the following information:\n(a) the prescribed speed limit at the location;\n(b) the speed at which the device calculated the vehicle was\ntravelling at the time the image was recorded.\n(3) For an offence of failing to obey a traffic control signal by\nproceeding while a red traffic light or red traffic arrow is displayed,\nthe device must also record the number of seconds between the\ntime the light or arrow was displayed and the time the driver\nproceeded beyond the stop line or the traffic control signal.\n\nTraffic Act 1987 100\n(4) The image and other information referred to in subsection (1) must\nbe held in an electronic file that:\n(a) complies with subsection (5); and\n(b) is transferable to a printed form that contains the image and\nother information.\n(5) The electronic file must meet either or both of the following\nrequirements:\n(a) the file is of a type that is unalterable;\n(b) the file is protected by any means that:\n(i) detects whether the image or other information held on\nthe file is altered or the file is tampered with; and\n(ii) prevents the image or other information held on the file\nfrom being used if the image or other information is\naltered or the file tampered with.\n","sortOrder":61},{"sectionNumber":"44A","sectionType":"section","heading":"Proof of certain matters relating to use of infringement","content":"44A Proof of certain matters relating to use of infringement\ndetection devices\nIn proceedings for an offence against this Act:\n(a) evidence may be given by a member of the Police Force or an\nofficer of the use by the member or officer of a traffic\ninfringement detection device in relation to the detection of the\noffence, and the evidence is prima facie evidence of the\noffence;\n(b) a certificate purporting to be signed by a person approved\nunder section 44(3), or a copy of the certificate, produced by\nthe prosecution and purporting to certify that the traffic\ninfringement detection device specified in the certificate:\n(i) is a traffic infringement detection device within the\nmeaning of this Act; and\n(ii) was tested by a person approved under section 44(3) in\naccordance with the notice approving the devices under\nsection 44(1) on a specified day in respect of a specified\nperiod, and was shown by the test to be accurate to the\nextent indicated in the certificate,\nis, without proof of the signature, evidence of the facts certified\nand that the device was accurate to that extent;\n\nTraffic Act 1987 101\n(c) where the offence is one of driving a vehicle at a speed that is\nfaster than a prescribed speed limit, the production by the\nprosecution of a form that contains an image recorded by a\ntraffic infringement detection device and the information\nspecified in section 44AA is evidence that at the time and\nplace indicated on the form the motor vehicle appearing in the\nimage was driven at the speed indicated on the form; and\n(d) where the offence is one of contravening or failing to comply\nwith a traffic control signal by proceeding on a public street\nbeyond a stop line or a part of the signal while a light that is a\nred circle or a red arrow is displayed facing a driver, the\nproduction by the prosecution of a form that contains an image\nrecorded by a traffic infringement detection device and the\ninformation specified in section 44AA is evidence that at the\ntime and place indicated on the form the driver of the vehicle\nappearing in the image proceeded beyond the stop line or the\npart of the signal while a light that was a red circle or red\narrow was facing the driver.\n","sortOrder":62},{"sectionNumber":"45","sectionType":"section","heading":"Offence against regulations not to affect damages in respect of","content":"45 Offence against regulations not to affect damages in respect of\ndeath of, or injury to, child\nNotwithstanding any other law of the Territory, in civil proceedings\nin respect of injury to a child or young person arising out of the use\nof a motor vehicle, damages recoverable by the child or young\nperson shall not be reduced by reason only that an act or omission\nby a person constituted an offence under this Act relating to the\nobligations of a driver of a motor vehicle to children and young\npersons in a motor vehicle.\n","sortOrder":63},{"sectionNumber":"46","sectionType":"section","heading":"Liability at common law and by statute","content":"46 Liability at common law and by statute\nNothing in this Act affects the liability of a person by virtue of any\nother law (including the common law) in force in the Territory.\n","sortOrder":64},{"sectionNumber":"46A","sectionType":"section","heading":"Breath analysis instruments at licensed premises – readings","content":"46A Breath analysis instruments at licensed premises – readings\nnot admissible as evidence\n(1) Evidence of the taking of a test indicating the presence or\nconcentration of alcohol in the blood of a person by a breath\nanalysis instrument installed in premises licensed under the Liquor\nAct 2019, or of the results of such a test, is not admissible in any\ncourt or tribunal in any proceedings, whether civil or criminal.\n(2) A licensee in respect of premises licensed under the Liquor\nAct 2019 shall not install a breath analysis instrument on the\npremises unless the instrument complies with the Australian\nStandard relating to such instruments.\n\nTraffic Act 1987 102\n","sortOrder":65},{"sectionNumber":"47","sectionType":"section","heading":"Duties and powers of police, &c.","content":"47 Duties and powers of police, &c.\n(1) A member of the Police Force shall do all things in that member's\npower to ensure that this Act is duly observed.\n(2) For the purposes of subsection (1), a member of the Police Force\nmay drive, use, ride on or be carried or drawn by, any vehicle or\nanimal the driver of which has been given a direction or order under\nthis Act and that member shall not be liable for the payment of any\nfare ordinarily chargeable for such use, hire or carriage.\n(3) Where a driver or person in charge of a vehicle is arrested or\notherwise lawfully detained by a member of the Police Force and\nthat driver or person is unwilling or unable, for whatever reason, to\nmove or secure the vehicle, the member may:\n(a) park and secure the vehicle at or near the place where the\ndriver or person is arrested or detained; or\n(b) arrange for it to be towed, moved or, where considered by the\nmember to be safe to do so, driven to a police station or other\nplace,\nwithout liability for any damage or loss which may occur to the\nvehicle or to anything in it.\n(4) Where a vehicle is not registered, a member of the Police Force\nmay take charge of the vehicle and may arrange for it to be towed,\nmoved or, where considered by the member to be safe to do so,\ndriven, to a police station or other place without liability for any\ndamage or loss which may occur to the vehicle or to anything in it.\n(5) Where a vehicle is, under subsection (3) or (4), towed, moved or\ndriven to a police station or other place, the vehicle may be kept at\nthat station or place until the costs of towing or moving it and of\ndetaining it are paid to the Territory.\n(6) Where, at the expiration of 3 months after a vehicle has been taken\ncharge of under subsection (3) or (4), the costs referred to in\nsubsection (5) have not been paid, the Commissioner may, by\npublic auction, dispose of the vehicle and the money, if any,\nobtained from the sale of the vehicle shall, after payment of the\ncosts referred to in subsection (5), be paid into the Public Account,\nwithin the meaning of the Financial Management Act 1995, in\naccordance with the requirements of that Act.\n(7) A sale in accordance with subsection (6) shall be valid as against\nall persons.\n\nTraffic Act 1987 103\n","sortOrder":66},{"sectionNumber":"48","sectionType":"section","heading":"Liability of insurers under policies of insurance","content":"48 Liability of insurers under policies of insurance\n(1) The fact that a person has undergone a breath test, submitted to a\nbreath analysis or given a sample of blood for a blood test, the\nresult of a breath test, breath analysis or blood test or the fact that a\nperson has been convicted of an offence under Part V (other than\nsection 29AAA(1)) is not, for the purposes of a contract of\ninsurance, admissible as evidence of the fact that that person was\nat any time under the influence of or in any way affected by\nintoxicating liquor or incapable of driving or of exercising effective\ncontrol over a motor vehicle, but nothing in this subsection\nprecludes the admission of any other evidence to show any such\nfact.\n(2) A reference in a contract of insurance to a concentration of alcohol\nequal to or exceeding that prohibited by a law applicable in a State\nor Territory, or words to that effect, shall be construed, for the\npurposes of the contract of insurance, as a reference to the\nconcentration specified in section 19(2).\n(3) Subsections (1) and (2) have effect notwithstanding anything\ncontained in a contract of insurance and a covenant, term, condition\nor provision of a contract of insurance, to the extent that the\noperation of this section is excluded, limited, modified or restricted,\nis void.\n","sortOrder":67},{"sectionNumber":"49","sectionType":"section","heading":"Misleading information and document","content":"49 Misleading information and document\n(1) A person must not knowingly give misleading information to a police\nofficer or inspector who is exercising a power or performing a\nfunction under this Act.\nMaximum penalty: 100 penalty units or imprisonment\n(2) A person must not knowingly give a document containing\nmisleading information to a police officer or inspector who is\nexercising a power or performing a function under this Act.\nMaximum penalty: 100 penalty units or imprisonment\n(3) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the attention\nof the police officer or inspector; and\n\nTraffic Act 1987 104\n(b) to the extent to which the person can reasonably do so – gives\nthe police officer or inspector the information necessary to\nremedy the misleading aspect of the document.\n(4) In this section:\nmisleading information means information that is misleading in a\nmaterial particular because it:\n(a) does not include relevant information; or\n(b) includes false information.\n","sortOrder":68},{"sectionNumber":"51","sectionType":"section","heading":"Offences","content":"51 Offences\n(1) Subject to subsection (2), an offence against, a contravention of or\na failure to comply with a provision of this Act, other than the\nfollowing sections, is a regulatory offence:\n(a) section 29AAYD(2);\n(b) section 29AF(4) and (5);\n(c) section 29AT(1), (2), (4) and (5);\n(d) section 29AU(2);\n(e) section 30(1);\n(f) section 30A(1);\n(g) section 31(1);\n(h) section 49(1) and (2).\n(2) Part IIAA of the Criminal Code applies to an offence against the\n(a) section 29AAP(3);\n(b) section 30B(1), (2) or (3);\n(c) a regulation that provides that Part IIAA applies to it.\nNote for subsection (2)\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n\nTraffic Act 1987 105\n","sortOrder":69},{"sectionNumber":"51A","sectionType":"section","heading":"Protection from liability","content":"51A Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following under this Act:\n(a) the Director;\n(b) the Deputy Director;\n(c) the Commissioner;\n(d) the Registrar;\n(e) an inspector or officer who is a public sector employee;\n(f) police officer;\n(g) a person assisting a police officer.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) This section is subject to Part VIIA of the Police Administration\nAct 1978 to the extent that it relates to the civil liability of a person\nwho is or has been a police officer at the time of the act or\nomission.\n(4) In this section:\nexercise of a power includes the purported exercise of the power.\nperformance of a function includes the purported performance of the\nfunction.\n","sortOrder":70},{"sectionNumber":"52","sectionType":"section","heading":"General penalties","content":"52 General penalties\nA person who contravenes or fails to comply with a provision of this\nAct in respect of which no penalty, other than by this section, is\nprovided, is guilty of an offence.\nPenalty: 20 penalty units or imprisonment for 12 months.\n\nTraffic Act 1987 106\n","sortOrder":71},{"sectionNumber":"52A","sectionType":"section","heading":"Acquisition on just terms","content":"52A Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property from a person otherwise than on just\nterms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n","sortOrder":72},{"sectionNumber":"53","sectionType":"section","heading":"Regulations","content":"53 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Without limiting the generality of subsection (1), the Regulations\nmay provide for any of the following:\n(a) an exemption from the application of all or part of the\nRegulations of:\n(i) certain persons or classes of persons; or\n(ii) persons in respect of a specified class of motor vehicle;\n(b) the erection and operation of, and obedience to, traffic control\ndevices;\n(c) the regulation or prohibition of persons driving vehicles\nincluding:\n(i) driving on the left, in reverse, at intersections or on\nbeaches, footways, reservations and traffic islands; and\n(ii) the overtaking or passing of vehicles; and\n(iii) giving way to vehicles; and\n(iv) the parking or standing of vehicles or leaving vehicles\nunattended; and\n(v) the turning, starting and stopping of vehicles; and\n\nTraffic Act 1987 107\n(vi) the towing of vehicles; and\n(vii) the number of hours which a person may drive a vehicle;\n(d) the regulation of pedestrians on public streets and public\nplaces;\n(e) the regulation of persons on or near railway level crossings;\n(f) the prescribing or determining by the Registrar of speed\nrestrictions and the use of traffic infringement detection\ndevices including the testing and operation of such devices;\n(g) the lights, warning signs and equipment to be fitted to vehicles\nand the use of such lights, warning signs and equipment;\n(h) the regulation of the use of bicycles and toy vehicles on public\nstreets or public places;\n(j) freeways, bus lanes, bicycle ways, truck lanes, truck priority\nlanes and transit lanes;\n(k) the safety of persons in or on vehicles;\n(m) the authorisation of persons carrying out breath analyses, or\nof persons or organisations carrying out blood tests;\n(ma) the authorisation of persons or organisations carrying out\nsaliva analyses;\n(n) the securing of loads on vehicles and the measures to be\ntaken in the event of the loss of material from vehicles;\n(p) the regulation or prohibition of persons obstructing public\nstreets or public places;\n(q) the regulation or prohibition of persons holding:\n(i) processions, parades or other events; or\n(ii) vehicle trials, speed tests or races,\non public streets or public places;\n(r) the control of animals on public streets or public places;\n(s) the payment of a prescribed amount in lieu of a penalty which\nmay otherwise be imposed for an offence against this Act or\nthe Motor Vehicles Act 1949 or the Regulations made under\nthat Act;\n\nTraffic Act 1987 108\n(t) the service of notices on persons alleged to have infringed this\nAct or the Motor Vehicles Act 1949 or the Regulations made\nunder that Act and particulars to be included in such notices;\n(u) the proof of ownership of a vehicle and other evidentiary\nmatters in respect of offences committed against the\nRegulations;\n(w) the control of vehicles left unattended or abandoned on public\nstreets or public places, including providing for the following:\n(i) the authorisation of persons or competent authorities to\nenter, move, store, sell or otherwise dispose of\nunattended or abandoned vehicles;\n(ii) the procedures for, and other matters related to, the sale\nor disposal of unattended or abandoned vehicles;\n(iii) the recovery of costs incurred or arising from dealing\nwith unattended or abandoned vehicles;\n(iv) protections from liability in respect of damage caused to\nan unattended or abandoned vehicle for persons\nauthorised to enter, move or store the vehicle;\n(y) penalties not exceeding 20 penalty units or imprisonment for\n6 months, or both, for offences against the Regulations;\n(z) the forfeiture of goods on conviction for an offence against the\nRegulations;\n(za) the liability of a licence holder, other than a learner's licence\nholder or provisional licence holder, occupying the front seat\nof a motor vehicle that is being driven by the holder of a\nlearner licence for an offence committed against the\nRegulations by the learner;\n(zb) the liability of the owner of a vehicle for an offence committed,\nin the vehicle, against the Regulations by an unidentifiable\ndriver;\n(zc) the prescribing of fees payable under this Act;\n(zd) the approval by the Commissioner of a process for reporting a\ncrash to a police officer where a report is required under the\nRegulations.\n\nTraffic Act 1987 109\n(3) The Regulations may incorporate or adopt by reference the\nprovisions of any document, standard, rule, specification or method\nformulated, issued, prescribed or published by any authority or\nbody whether:\n(a) wholly or partly, or as amended by the Regulations; or\n(b) as formulated, issued, prescribed or published at the time the\nRegulations are made or at any time before then; or\n(c) as amended after the making of the Regulations, but only\nwhere the Director has published in the Gazette a notice that\nthe particular amendment is to be incorporated in the\nRegulations.\n(4) The Regulations may prescribe different penalties for different\nclasses of offender for an offence against the Regulations.\n(5) The Regulations may:\n(a) make different provision in relation to:\n(i) different persons or matters; or\n(ii) different classes of persons or matters; or\n(b) apply differently by reference to stated exceptions or factors.\n","sortOrder":73},{"sectionNumber":"53A","sectionType":"section","heading":"Demerit points","content":"53A Demerit points\n(1) The Administrator may also make regulations:\n(a) specifying offences under this Act or another Act regulating\nroad use or use of road-related areas as offences that attract\ndemerit points; and\n(b) specifying the number of demerit points to be allocated in\nrespect of the offences.\n(2) The Minister may, by Gazette notice and published in a newspaper\ncirculating throughout the Territory, declare that during a period\nspecified in the notice additional demerit points will apply to demerit\npoints offences.\n(3) The additional points declared by the Minister must not result in the\ntotal number of demerit points applying in relation to an offence\nexceeding double the points specified by the Administrator under\nsubsection (1)(b).\n\nTraffic Act 1987 110\n","sortOrder":74},{"sectionNumber":"54","sectionType":"section","heading":"Savings and transitional","content":"54 Savings and transitional\n(1) In this section a reference to:\n(a) the former Act is a reference to the Traffic Act 1987 as in force\nimmediately before the commencement of this Act; and\n(b) the commencement of this Act is a reference to the\ncommencement of this Act other than sections 1 and 2.\n(2) Notwithstanding the commencement of this Act, the provisions of\nthe former Act and the Regulations made under that Act shall apply\nto and in relation to a prosecution or legal proceeding for an offence\nagainst that Act which continues or is commenced after that\ncommencement as if this Act had not come into operation.\n(3) Where, immediately before the commencement of this Act, a\nperson was an authorized analyst under the former Act, that person\nshall, on the commencement of this Act, be deemed to be an\nauthorized analyst appointed under this Act.\n(4) Where, immediately before the commencement of this Act, a\nmember of the Police Force was authorized under section 8M of the\nformer Act to use a prescribed instrument, that member shall, on\nthe commencement of this Act, be deemed to be authorized to use\na prescribed instrument under this Act.\n(5) Where, before the commencement of this Act:\n(a) a sign, signal, flag, notice, beacon or other device was\nerected, placed or displayed; or\n(b) a road marking on a carriageway or kerb was made,\nfor the purposes of the former Act, that sign, flag, notice, beacon,\ndevice or road marking shall, on the commencement of this Act, be\ndeemed to be a traffic control device placed, erected or displayed\nby the competent authority in accordance with, and for the\npurposes of, this Act.\n(6) Where, immediately before the commencement of this Act, an\napparatus was a traffic speed analyser approved under the former\nAct, that apparatus shall, on the commencement of this Act, be\ndeemed to be a traffic infringement detection device approved\nunder this Act and a test required to be carried out on the apparatus\nunder the former Act shall be deemed to be a test carried out under\nthis Act until such time as a test is carried out, or is required to be\ncarried out, under this Act.\n\nTraffic Act 1987 111\n(7) Where, immediately before the commencement of this Act, a\nperson was approved under section 56AB(2) of the former Act as a\nperson qualified to test the accuracy of a traffic speed analyser, that\nperson shall, on the commencement of this Act, be deemed to be a\nperson qualified to test the accuracy of a traffic infringement\ndetection device appointed under this Act.\n(8) Where, before the commencement of this Act, a person referred to\nin section 55AA(1) of the former Act instituted an appeal to the\nSupreme Court and that appeal has not been determined at the\ntime of the commencement of this Act, section 43 shall, on that\ncommencement, apply to and in relation to that appeal as if it were\nan appeal against a conviction under this Act and the court in which\nthe order or conviction was made shall be deemed to be satisfied\nan appeal has been duly instituted.\n","sortOrder":75},{"sectionNumber":"55","sectionType":"section","heading":"Repeal","content":"55 Repeal\n(1) Subject to subsection (2), the Ordinances and Acts listed in\n","sortOrder":76},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"are repealed.","content":"Schedule 2 are repealed.\n(2) Notwithstanding the repeals effected by subsection (1), Part IV of\nthe Traffic Act 1987, as in force immediately before the\ncommencement of this Act (other than sections 1 and 2 of this Act),\nshall, by virtue of this subsection, continue in force after that\ncommencement and shall be deemed to form part of this Act until\nrepealed by the Minister by notice in the Gazette. (Endnote 5)\n","sortOrder":77},{"sectionNumber":"56","sectionType":"section","heading":"Transitional matters for Transport Legislation (Hoon","content":"56 Transitional matters for Transport Legislation (Hoon\nBehaviour) Amendment Act 2009\n(1) Part VA, as inserted by the Transport Legislation (Hoon Behaviour)\nAmendment Act 2009, applies as provided in this section.\n(2) A police officer may make an impounding determination under\nPart VA only in relation to a vehicle that is used, or alleged to have\nbeen used, in committing a prescribed driving offence that occurs\non or after the commencement.\n(3) An impounding order or forfeiture order may be made under\nPart VA only in relation to a vehicle used in committing a prescribed\ndriving offence that occurs on or after the commencement.\n\nPart IX Transitional matters for Traffic and Other Legislation Amendment Act 2011\nTraffic Act 1987 112\n(4) If, before the commencement, a person was found guilty of an\noffence that is a prescribed driving offence, that offence may be\ntaken into account for sections 29AD(4)(d), 29AG and 29AT(1), (2)\nand (4).\nExample\nA person was found guilty of a prescribed driving offence 10 months before the\ncommencement. The person is again found guilty of a prescribed driving\noffence 2 months after the commencement. The Commissioner of Police may\ntherefore apply for an impounding order in relation to the vehicle used in\ncommitting the second offence.\n(5) In this section:\ncommencement means the commencement of this section.\nPart IX Transitional matters for Traffic and Other\nLegislation Amendment Act 2011\n","sortOrder":78},{"sectionNumber":"57","sectionType":"section","heading":"Definitions","content":"57 Definitions\namendment Act means the Traffic and Other Legislation\nAmendment Act 2011.\ncommencement day means the day on which this section\ncommences.\npre-commencement Act means the Act as in force immediately\nbefore the commencement day.\n","sortOrder":79},{"sectionNumber":"58","sectionType":"section","heading":"Purpose of Part","content":"58 Purpose of Part\nThe purpose of this Part is to provide for the transition over time\nfrom prescribed breath analysis instruments which express the\nresult of a breath analysis in terms of BAC to the same or similar\ninstruments which express the same result in terms of BrAC in\naccordance with the National Measurement Regulations 2009\n(Cth).\n","sortOrder":80},{"sectionNumber":"59","sectionType":"section","heading":"Results of analysis","content":"59 Results of analysis\n(1) On and after the commencement day:\n(a) the result of a breath analysis is expressed as BrAC; and\n(b) the result of a blood test is expressed as BAC.\n\nPart IX Transitional matters for Traffic and Other Legislation Amendment Act 2011\nTraffic Act 1987 113\n(2) However, if a prescribed breath analysis instrument gives a result\nexpressed as BAC, or as a percentage, the result is taken to be\nexpressed as BrAC of the same numerical value as the result\nexpressed as BAC, or percentage, as shown by the examples in\nthe following table:\nTable\nColumn 1\nGrams per 210 litres\nof exhaled breath\n(BrAC)\nColumn 2\nGrams per 100ml of\nblood (BAC)\nColumn 3\nAnalysis result\nexpressed as %\n0.05 0.05 0.05%\n0.08 0.08 0.08%\n0.15 0.15 0.15%\nNote for subsection (2) table\nThe results indicated in Column 1 are identical to the results indicated opposite in\nColumns 2 and 3. The only difference is the unit of measurement by which the\nresult is expressed.\n","sortOrder":81},{"sectionNumber":"60","sectionType":"section","heading":"Person charged before commencement day","content":"60 Person charged before commencement day\n(1) This section applies if, before the commencement day, a person\nhas been charged with an offence of driving with alcohol in the\nblood, or of driving with a blood alcohol content expressed as a\npercent.\n(2) The pre-commencement Act continues to apply to the person in all\nproceedings in relation to the offence.\nExamples for subsection (2)\n1 Interlocutory proceedings.\n2 A Magistrate conducting a preliminary examination under the Justices Act.\n3 An appeal to the Supreme Court.\n\nPart X Transitional matters for Transport Legislation Amendment Act 2022\nTraffic Act 1987 114\nPart X Transitional matters for Transport Legislation\nAmendment Act 2022\n","sortOrder":82},{"sectionNumber":"61","sectionType":"section","heading":"Definition","content":"61 Definition\ncommencement means the commencement of section 69 of the\nTransport Legislation Amendment Act 2022.\n","sortOrder":83},{"sectionNumber":"62","sectionType":"section","heading":"Validation of authorised analysts","content":"62 Validation of authorised analysts\nThe authorisation of a person, Agency, administrative unit, entity or\norganisation to be an analyst, under regulation 60 of the Traffic\nRegulations 1999 as in force before the commencement, is valid,\nand is taken to have been valid, on and from the date it was made.\n","sortOrder":84},{"sectionNumber":"63","sectionType":"section","heading":"Validation of authorised persons","content":"63 Validation of authorised persons\nThe appointment by the Director of a person to be an authorised\nperson for the purposes of the Australian Road Rules or a provision\nof the Australian Road Rules, made under regulation 81B of the\nTraffic Regulations 1999 as in force before the commencement, is\nvalid, and is taken to have been valid, on and from the date it was\nmade.\n\nTraffic Act 1987 115\nsection 55\nOrdinance, Act Number and year\nTraffic Ordinance 1949 No. 8, 1949\nTraffic Ordinance 1952 No. 14, 1952\nTraffic Ordinance 1954 No. 12, 1954\nTraffic Ordinance 1956 No. 27, 1956\nTraffic Ordinance 1957 No. 37, 1957\nTraffic Ordinance 1958 No. 5, 1958\nTraffic Ordinance 1959 No. 15, 1959\nTraffic Ordinance 1960 No. 8, 1961\nTraffic Ordinance 1961 No. 28, 1961\nTraffic Ordinance 1962 No. 46, 1962\nTraffic Ordinance (No. 2) 1966 No. 31, 1966\nTraffic Ordinance 1966 No. 10, 1967\nTraffic Ordinance 1968 No. 41, 1968\nTraffic Ordinance (No. 2) 1968 No. 42, 1968\nTraffic Ordinance (No. 3) 1968 No. 69, 1968\nTraffic Ordinance 1969 No. 5, 1970\nTraffic Ordinance 1970 No. 64, 1970\nTraffic Ordinance 1971 No. 13, 1971\nTraffic Ordinance (No. 2) 1971 No. 35, 1971\nTraffic Ordinance (No. 3) 1971 No. 48, 1971\nTraffic Ordinance 1972 No. 23, 1972\nTraffic Ordinance (No. 2) 1972 No. 51, 1972\nTraffic Ordinance (No. 3) 1972 No. 71, 1972\nTraffic Ordinance 1973 No. 47, 1973\nTraffic Ordinance (No. 2) 1973 No. 48, 1973\nTraffic Ordinance (No. 3) 1973 No. 80, 1973\nTraffic Ordinance (No. 4) 1973 No. 84, 1973\nTraffic Ordinance 1974 No. 10, 1974\nTraffic Ordinance (No. 2) 1974 No. 11, 1974\nTraffic Ordinance (No. 3) 1974 No. 31, 1974\nTraffic Ordinance 1975 No. 5, 1975\nTraffic Ordinance 1976 No. 24, 1976\nTraffic Ordinance (No. 2) 1976 No. 56, 1976\nTraffic Ordinance (No. 3) 1976 No. 7, 1977\nTraffic Ordinance 1977 No. 33, 1977\nTraffic Ordinance 1978 No. 17, 1978\nTraffic Act (No. 2) 1978 No. 131, 1978\nTraffic Act (No. 3) 1978 No. 132, 1978\nTraffic Act 1979 No. 106, 1979\nTraffic Act (No. 2) 1979 No. 134, 1979\nTraffic Act (No. 4) 1979 No. 139, 1979\n\nTraffic Act 1987 116\nTraffic Act (No. 3) 1979 No. 161, 1979\nTraffic Amendment Act 1981 No. 20, 1981\nTraffic Amendment Act (No. 2) 1981 No. 83, 1981\nTraffic Amendment Act (No. 3) 1981 No. 112, 1981\nTraffic Amendment Act (No. 4) 1981 No. 113, 1981\nTraffic Amendment Act 1982 No. 81, 1982\nTraffic Amendment Act (No. 2) 1982 No. 82, 1982\nTraffic Amendment Act 1983 No. 16, 1983\nTraffic Amendment Act 1984 No. 13, 1984\nTraffic Amendment Act 1986 No. 23, 1986\nTraffic Amendment Act 1987 No. 16, 1987\n\nTraffic Act 1987 117\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nTraffic Act 1987 (Act No. 44, 1987)\nAssent date 21 October 1987\nCommenced 20 June 1988 (Gaz S30, 15 June 1988)\nTraffic Amendment Act 1988 (Act No. 13, 1988)\nAssent date 3 June 1988\nCommenced 20 June 1988 (s 2, s 2 Traffic Act 1987 (Act No. 44, 1987) and\nGaz S30, 15 June 1988)\nStatute Law Revision Act 1988 (Act No. 66, 1988)\nAssent date 22 December 1988\nCommenced 22 December 1988\nTraffic Amendment Act 1989 (Act No. 25, 1989)\nAssent date 15 June 1989\nCommenced 15 June 1989\nTraffic Amendment Act (No. 2) 1989 (Act No. 64, 1989)\nAssent date 7 November 1989\nCommenced 7 November 1989\nTraffic Amendment Act 1992 (Act No. 32, 1992)\nAssent date 2 June 1992\nCommenced 1 January 1994 (Gaz G51, 22 December 1993, p 4)\nTraffic Amendment Act 1992 Amendment Act 1993 (Act No. 52, 1993)\nAssent date 29 September 1993\nCommenced 29 September 1993\n\nTraffic Act 1987 118\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\nTraffic Amendment Act 1993 (Act No. 61, 1993)\nAssent date 5 October 1993\nCommenced 5 October 1993\nTraffic Amendment Act 1994 (Act No. 8, 1994)\nAssent date 16 March 1994\nCommenced 1 November 1994 (Gaz S54, 28 October 1994)\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\nTraffic Amendment Act (No. 2) 1994 (Act No. 63, 1994)\nAssent date 24 October 1994\nCommenced 1 November 1994 (s 2, s 2 Traffic Amendment\nAct 1994 (Act No. 8, 1994) and Gaz S54,\n28 October 1994)\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\nTraffic Amendment Act (No. 2) 1994 (Act No. 1, 1995)\nAssent date 9 February 1995\nCommenced 9 February 1995\nFire and Emergency (Consequential Amendments) Act 1996 (Act No. 15, 1996)\nAssent date 19 April 1996\nCommenced 1 May 1996 (s 2, s 2 Fire and Emergency Act 1996 (Act\nNo. 14, 1996) and Gaz S10, 1 May 1996)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\nTraffic Amendment Act 1996 (Act No. 25, 1996)\nAssent date 25 June 1996\nCommenced 25 June 1996\nTraffic Amendment Act 1998 (Act No. 2, 1998)\nAssent date 25 March 1998\nCommenced 25 March 1998\n\nTraffic Act 1987 119\nTraffic Amendment Act (No. 2) 1998 (Act No. 99, 1998)\nAssent date 29 December 1998\nCommenced 9 February 1999 (s 2, s 2 Motor Vehicles Amendment Act\n(No. 2) 1998 (Act No. 98, 1998) and Gaz S4,\n9 February 1999)\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nFines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60,\n2001)\nAssent date 11 December 2001\nCommenced 1 January 2002 (s 2, s 2 Fines and Penalties (Recovery)\nAct 2001 (Act No. 59, 2001) and Gaz G50,\n19 December 2001, p 3)\nTraffic Amendment Act 2003 (Act No. 54, 2003)\nAssent date 18 September 2003\nCommenced 29 October 2003 (Gaz G43, 29 October 2003, p 4)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nTraffic Amendment Act 2004 (Act No. 30, 2004)\nAssent date 4 June 2004\nCommenced s 6: 4 June 2004; rem: 1 November 2004 (s 2 and Gaz S34,\n28 October 2004)\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nTransport Legislation (Road Safety) Amendment Act 2007 (Act No. 10, 2007)\nAssent date 21 June 2007\nCommenced 1 July 2007 (Gaz S16, 27 June 2007)\nTransport Legislation (Demerit Points) Amendment Act 2007 (Act No. 13, 2007)\nAssent date 28 August 2007\nCommenced 1 September 2007 (s 2)\nTransport Legislation (Drug Driving) Amendment Act 2008 (Act No. 7, 2008)\nAssent date 11 March 2008\nCommenced 1 July 2008 (Gaz G25, 25 June 2008, p 4)\nTransport Legislation (Alcohol Ignition Locks) Amendment Act 2008 (Act No. 32, 2008)\nAssent date 21 November 2008\nCommenced 9 April 2009 (Gaz S15, 9 April 2009)\nTransport Legislation (Hoon Behaviour) Amendment Act 2009 (Act No. 7, 2009)\nAssent date 15 May 2009\nCommenced 30 June 2009 (Gaz G24, 17 June 2009, p 5)\n\nTraffic Act 1987 120\nConsumer Credit (National Uniform Legislation) Implementation Act 2010 (Act No. 14,\nAssent date 20 May 2010\nCommenced 1 April 2010 (s 2 and s 2 National Consumer Credit Protection\nAct 2009 (Cth Act No. 134, 2009))\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nStatute Law Revision Act 2010 (Act No. 29, 2010)\nAssent date 9 September 2010\nCommenced 13 October 2010 (Gaz G41, 13 October 2010, p 2)\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (Gaz, S2, 24 January 2012);\nrem: 25 November 2011 (Gaz,S68, 25 November 2011)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nTraffic and Other Legislation Amendment Act 2011 (Act No. 22, 2011)\nAssent date 22 August 2011\nCommenced 1 September 2011 (Gaz G35, 31 August 2011, p 9)\nWork Health and Safety (National Uniform Legislation) Implementation Act 2011 (Act\nNo. 38, 2011)\nAssent date 14 December 2011\nCommenced 1 January 2012 (Gaz S78, 30 December 2011)\nTerritory Insurance Office (Sale) Act 2014 (Act No. 41, 2014)\nAssent date 28 November 2014\nCommenced pt 6, divs 1 and 2: nc (exp without commencing);\npt 6, div 3: 00:01hrs 1 January 2015 (Gaz S131,\n19 December 2014, p 8); rem: 28 November 2014 (s 2)\nTraffic and Other Legislation Amendment Act 2015 (Act No. 35, 2015)\nAssent date 17 December 2015\nCommenced 1 February 2016 (Gaz G3, 20 January 2016, p 10)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\n\nTraffic Act 1987 121\nHealth Practitioner Regulation (National Uniform Legislation) and Other Legislation\nAmendment Act 2018 (Act No. 28, 2018)\nAssent date 30 November 2018\nCommenced 1 December 2018 (s 2)\nMedical Services Amendment Act 2019 (Act No. 17, 2019)\nAssent date 30 May 2019\nCommenced 31 May 2019 (s 2)\nLiquor Act 2019 (Act No. 29, 2019)\nAssent date 3 September 2019\nCommenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)\nTransport Legislation Amendment Act 2019 (Act No. 35, 2019)\nAssent date 6 November 2019\nCommenced s 11: nc (Act rep by Act No. 23, 2020, before comm);\nrem: 11 December 2019 (Gaz S70, 11 December 2019)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nTransport Legislation Amendment Act 2020 (Act No. 23, 2020)\nAssent date 10 July 2020\nCommenced 1 July 2021 (Gaz G23, 9 June 2021, p 1)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nInterpretation Amendment Act 2021 (Act No. 28, 2021)\nAssent date 15 December 2021\nCommenced 1 January 2022 (s 2)\nTransport Legislation Amendment Act 2022 (Act No. 1, 2022)\nAssent date 1 March 2022\nCommenced 4 May 2022 (Gaz S20, 29 April 2022)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\n\nTraffic Act 1987 122\nTransport Legislation Amendment Act 2025 (Act No. 23, 2025)\nAssent date 12 September 2025\nCommenced pts 2, 4, 5 and 6: 21 January 2026 (Gaz S5,\n19 January 2026); rem: 18 November 2025 (s 2(1) and Gaz\nS69, 17 November 2025)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 9 Traffic Amendment Act 1996 (Act No. 25, 1996)\n4 SECTION 19(6) – SPECIFIED DATE\nPursuant to section 19(6), the date specified by the Minister was\n1 December 1994 (Gaz G45, 9 November 1994, p 4).\n5 SECTION 55 – TRAFFIC ACT 1987 (Act No. 44, 1987)\nDespite the repeals effected by section 55(1) of the Traffic Act 1987\n(No. 44, 1987), pursuant to section 55(2) of that Act, Part IV of the Traffic\nAct 1949-1987 continued to be in force and was deemed to form part of that\nAct until repealed by Gaz S7, 30 April 2003.\n6 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 6, 11, 19, 24, 25, 29AAX,\n29AAYB, 29AAYC, 29AB, 29A, 30, 30A, 32, 33, 33A, 33B, 34, 35, 42, 43AA,\n43A, 46A, 47, 53, 54 and 55.\n7 LIST OF AMENDMENTS\nlt sub No. 7, 2009, s 4\ns 3 amd No. 15, 1996, s 4; No. 25, 1996, s 4; No. 54, 2003, s 4; No. 10, 2007,\ns 13; No. 13, 2007, s 7; No. 7, 2008, s 4; No. 18, 2010, s 89; No. 29, 2010,\ns 7; No. 22, 2011, s 4; No. 30, 2010, s 52; No. 35, 2015, s 8; No. 28, 2018,\ns 25; No. 17, 2019, s 14; No. 39, 2019, s 370; No. 1, 2022, s 53; No. 3, 2026,\ns 64\ns 6 amd No. 28, 1993, s 3\ns 9 amd No. 2, 1998, s 3; No. 1, 2022, s 54\nss 10A – 10B ins No. 1, 2022, s 55\ns 11 amd No. 50, 1994, s 16; No. 17, 1996, s 6; No. 54, 2003, s 11; No. 28, 2021,\ns 20; No. 4, 2023, s 23\ns 16 amd No. 17, 1996, s 6\npt V hdg sub No. 7, 2008, s 5\namd No. 22, 2011, s 5\n\nTraffic Act 1987 123\npt V\ndiv 1 hdg ins No. 7, 2008, s 5\ns 19 amd No. 32, 1992, s 4; No. 17, 1996, s 6; No. 54, 2003, s 11\namd No. 32, 2008, s 10; No. 22, 2011, s 6; No. 35, 2015, s 9; No. 23, 2020,\ns 28\ns 19A ins No. 35, 2015, s 10\ns 19B ins No. 35, 2019, s 14\nss 19C – 19D ins No. 1, 2022, s 56\npt V\ndiv 2 hdg ins No. 7, 2008, s 5\namd No. 22, 2011, s 7\ns 20 amd No. 17, 1996, ss 4 and 6; No. 54, 2003, s 11\ns 20A ins No. 8, 1994, s 4\namd No. 17, 1996, s 4; No. 2, 1998, s 4; No. 10, 2007, s 14\nrep No. 7, 2008, s 5\ns 21 amd No. 32, 1992, s 5\namd No. 32, 2008, s 11; No. 22, 2011, s 8; No. 35, 2019, s 15\ns 22 amd No. 10, 2007, s 15\namd No. 32, 2008, s 12; No. 22, 2011, s 9; No. 35, 2019, s 16\ns 23 amd No. 32, 1992, s 6; No. 8, 1994, s 5; No. 54, 2003, s 5; No. 10, 2007, s 16\namd No. 22, 2011, s 10; No. 35, 2019, s 17\ns 24 amd No. 10, 2007, s 17\namd No. 32, 2008, s 13; No. 22, 2011, s 11; No. 35, 2019, s 18\ns 25 sub No. 10, 2007, s 18; No. 7, 2008, s 5\namd No. 32, 2008, s 14; No. 22, 2011, s 12; No. 38, 2011, s 31; No. 35,\n2019, s 19\ns 26 sub No. 10, 2007, s 18; No. 7, 2008, s 5\namd No. 22, 2011, s 13; No. 35, 2019, s 20\npt V\ndiv 3 hdg ins No. 7, 2008, s 5\namd No. 35, 2015, s 11\ns 27 amd No. 54, 2003, s 6; No. 10, 2007, s 19\nss 27A – 27B ins No. 35, 2015, s 12\ns 28 amd No. 54, 2003, s 7\namd No. 35, 2015, s 13; No. 35, 2019, s 21; No. 1, 2022, s 57\ns 29 sub No. 7, 2008, s 5\namd No. 35, 2015, s 14\npt V\ndiv 4 hdg ins No. 7, 2008, s 5\ns 29AAA ins No. 7, 2008, s 5\namd No. 32, 2008, s 15; No. 22, 2011, s 14; No. 35, 2015, s 15; No. 35,\n2019, s 22\npt V\ndiv 5 hdg ins No. 7, 2008, s 5\ns 29AAB ins No. 7, 2008, s 5\namd No. 22, 2011, s 15; No. 35, 2015, s 16; No. 35, 2019, s 23\ns 29AAC ins No. 7, 2008, s 5\namd No. 22, 2011, s 16; No. 35, 2019, s 24\ns 29AAD ins No. 7, 2008, s 5\namd No. 22, 2011, s 17\n\nTraffic Act 1987 124\ns 29AAE ins No. 7, 2008, s 5\namd No. 32, 2008, s 16; No. 22, 2011, s 18; No. 35, 2019, s 25\ns 29AAF ins No. 7, 2008, s 5\namd No. 35, 2015, s 17; No. 35, 2019, s 26\ns 29AAFA ins No. 35, 2015, s 18\namd No. 35, 2019, s 27\ns 29AAG ins No. 7, 2008, s 5\namd No. 22, 2011, s 19; No. 35, 2015, s 19; No. 35, 2019, s 28\ns 29AAH ins No. 7, 2008, s 5\namd No. 32, 2008, s 17; No. 22, 2011, s 20; No. 35, 2015, s 20; No. 35,\n2019, s 29\nss 29AAI –\n29AAJ ins No. 7, 2008, s 5\ns 29AAK ins No. 7, 2008, s 5\namd No. 35, 2015, s 21\ns 29AAL ins No. 7, 2008, s 5\namd No. 35, 2015, s 22\ns 29AALA ins No. 35, 2015, s 23\npt V\ndiv 6 hdg ins No. 7, 2008, s 5\ns 29AAM ins No. 7, 2008, s 5\namd No. 22, 2011, s 21; No. 35, 2015, s 24; No. 1, 2022, s 58\ns 29AAN ins No. 7, 2008, s 5\namd No. 22, 2011, s 22; No. 1, 2022, s 59\ns 29AAP ins No. 7, 2008, s 5\namd No. 1, 2022, s 60\ns 29AAQ ins No. 7, 2008, s 5\npt V\ndiv 7 hdg ins No. 7, 2008, s 5\ns 29AAR ins No. 7, 2008, s 5\namd No. 22, 2011, s 23\ns 29AAS ins No. 7, 2008, s 5\namd No. 23, 2025, s 47\npt V\ndiv 8 hdg ins No. 7, 2008, s 5\ns 29AAT ins No. 7, 2008, s 5\namd No. 22, 2011, s 24; No. 35, 2015, s 25\ns 29AAU ins No. 7, 2008, s 5\namd No. 22, 2011, s 25; No. 35, 2015, s 26\ns 29AAV ins No. 7, 2008, s 5\ns 29AAW ins No. 7, 2008, s 5\namd No. 22, 2011, s 26\ns 29AAX ins No. 7, 2008, s 5\namd No. 35, 2015, s 27\ns 29AAY ins No. 7, 2008, s 5\nrep No. 8, 2016, s 37\ns 29AA ins No. 54, 2003, s 8\nrep No. 7, 2008, s 5\npt V\ndiv 9 hdg ins No. 32, 2008, s 18\nss 29AAYA –\n29AAYD ins No. 32, 2008, s 18\npt VA hdg ins No. 30, 2004, s 4\ndiv 1hdg ins No. 30, 2004, s 4\ns 29AA ins No. 7, 2009, s 5\n\nTraffic Act 1987 125\ns 29AB sub No. 7, 2009, s 5\namd No. 14, 2010, s 9\ns 29AC sub No. 7, 2009, s 5\ns 29AD ins No. 30, 2004, s 4\nrep No. 7, 2009, s 5\ndiv 2 hdg ins No. 30, 2004, s 4\ns 29AD ins No. 7, 2009, s 5\namd No. 40, 2010, s 118\nss 29AE –\n29AF ins No. 30, 2004, s 4\ndiv 3 hdg ins No. 7, 2009, s 5\ns 29AG ins No. 30, 2004, s 4\namd No. 4, 2007, s 7\ns 29AH ins No. 30, 2004, s 4\namd No. 44, 2005, s 35\ns 29AI ins No. 30, 2004, s 4\ns 29AJ ins No. 30, 2004, s 4\namd No. 30, 2010, s 52\ndiv 3 hdg ins No. 30, 2004, s 4\nrep No. 7, 2009, s 5\ns 29AK ins No. 30, 2004, s 4\ns 29AL ins No. 30, 2004, s 4\namd No. 4, 2007, s 7\ns 29AM ins No. 30, 2004, s 4\ns 29AN ins No. 7, 2009, s 5\ndiv 4 hdg ins No. 30, 2004, s 4\ns 29AN rep No. 7, 2009, s 5\ns 29AO ins No. 30, 2004, s 4\namd No. 14, 2010, s 10\nss 29AP –\n29AQ ins No. 7, 2009, s 5\nss 29AR –\n29AS ins No. 7, 2009, s 5\namd No. 30, 2010, s 52\ndiv 5 hdg ins No. 7, 2009, s 5\nss 29AT –\n29AU ins No. 7, 2009, s 5\ndiv 6 hdg ins No. 7, 2009, s 5\ns 29AV ins No. 7, 2009, s 5\ns 29AW ins No. 7, 2009, s 5\namd No. 1, 2022, s 61\ns29AX ins No. 7, 2009, s 5\ns 29A ins No. 60, 2001, s 17\n\nTraffic Act 1987 126\ns 30 amd No. 15, 1996, s 4; No. 17, 1996, s 6; No. 2, 1998, s 5; No. 54, 2003,\ns 11; No. 35, 2019, s 30; No. 1, 2022, s 62\ns 30A ins No. 2, 1998, s 6\namd No. 54, 2003, s 11; No. 13, 2007, s 8; No. 35, 2019, s 310; No. 1, 2022,\ns 63\ns 30B ins No. 1, 2022, s 64\ns 31 amd No. 64, 1989, s 2; No. 17, 1996, s 6; No. 32, 2008, s 19\ns 32 amd No. 32, 1992, s 7; No. 99, 1998, s 4\ns 33 amd No. 13, 1988, s 3; No. 25, 1996, s 5; No. 99, 1998, s 5; No. 54, 2003,\nss 9 and 11; No. 1, 2004, s 62; No. 23, 2020, s 29\ns 33A ins No. 25, 1996, s 6\namd No. 99, 1998, s 6; No. 54, 2003, s 11; No. 1, 2004, s 62; No. 4, 2017,\ns 34; No. 23, 2020, s 30\ns 33B ins No. 60, 2001, s 17\namd No. 13, 2007, s 9; No. 23, 2020, s 31\ns 34 amd No. 25, 1996, s 7; No. 54, 2003, s 10; No. 23, 2020, s 32\ns 35 sub No. 99, 1998, s 7\ns 37 amd No. 17, 1996, s 6; No. 29, 2010, s 7\ns 38 amd No. 17, 1996, s 6; No. 10, 2007, s 20\ns 39 amd No. 25, 1989, s 2; No. 8, 1994, s 6 No. 17, 1996, ss 4 and 6; No. 2,\n1998, s 7; No. 27, 1999, s 15; No. 10, 2007, s 21\nrep No. 7, 2008, s 6\nss 40 – 41 amd No. 17, 1996, s 6\ns 42 amd No. 17, 1996, s 6\nsub No. 10, 2007, s 22\ns 43 amd No. 25, 1989, s 3; No. 17, 1996, s 6; No. 8, 2016, s 38\ns 43AA ins No. 13, 2007, s 10\ns 43AAB ins No. 23, 2025, s 48\ns 43A ins No. 61, 1993, s 2\namd No. 41, 2014, s 53\ns 43B ins No. 25, 1996, s 8\namd No. 35, 2019, s 32\ns 44 amd No. 2, 1998, s 8\nsub No. 10, 2007, s 23\ns 44AA ins No. 10, 2007, s 23\namd No. 35, 2019, s 33\ns 44A ins No. 2, 1998, s 9\namd No. 10, 2007, s 24\ns 46A ins No. 1, 1995, s 2\namd No. 29, 2019, s 425\ns 47 amd No. 27, 1999, s 15\ns 48 rep No. 13, 1988, s 4\nins No. 32, 1992, s 8\namd No. 22, 2011, s 27\ns 49 amd No. 17, 1996, ss 4 and 6\nrep No. 7, 2008, s 6\nins No. 7, 2009, s 6\ns 50 rep No. 7, 2008, s 6\ns 51 amd No. 30, 2004, s 5; No. 32, 2008, s 20; No. 7, 2009, s 7\nsub No. 1, 2022, s 65\ns 51A ins No. 1, 2022, s 65\ns 52 amd No. 66, 1988, s 6; No. 54, 2003, s 11\ns 52A ins No. 7, 2009, s 8\ns 53 amd No. 32, 1992, s 9; No. 54, 2003, s 11; No. 30, 2004, s 6; No. 22, 2011,\ns 28; No. 35, 2015, s 28; No. 35, 2019, s 34; No. 23, 2025, s 49\ns 53A ins No. 13, 2007, s 11\ns 56 ins No. 7, 2009, s 9\npt IX hdg ins No. 22, 2011, s 29\n\nTraffic Act 1987 127\nss 57 – 60 ins No. 22, 2011, s 29\npt X hdg ins No. 1, 2022, s 66\ns 61 ins No. 22, 2011, s 29\nexp No. 22, 2011, s 61(5)\nins No. 1, 2022, s 66\ns 62 ins No. 22, 2011, s 29\nexp No. 22, 2011, s 62(5)\nins No. 1, 2022, s 66\ns 63 ins No. 1, 2022, s 66\nsch 1 rep No. 7, 2008, s 7","sortOrder":85}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original Act (1987) primarily regulated basic traffic rules, vehicle standards, and simple drink-driving offences. Over many amendments, its scope has expanded significantly to include:\n- Drug driving and saliva testing (2008)\n- Alcohol ignition locks for repeat offenders (2008)\n- Hoon behaviour with vehicle impounding and forfeiture (2004, expanded 2009)\n- Demerit points scheme via regulations (2007)\n- Prescribed driving offences and associated property seizure powers\n- Automated traffic enforcement and evidentiary certificates\n- Detailed transitional and validation provisions\n\nThese additions transformed the Act from a straightforward traffic code into a comprehensive enforcement regime with punitive property consequences and extensive police powers well beyond its original remit."},"complexity_factors":["Very long Act with over 100 sections and multiple Parts, Divisions, and Subdivisions","Extensive interpretation section (section 3) with over 50 defined terms, many cross-referencing other Acts","Complex conditional logic for defining second and subsequent offences (e.g., sections 21-26, 28-29) with lookback periods and multiple qualifying prior offences","Nested penalty structures including mandatory minimum periods, alcohol ignition lock periods (AIL), and five-year minimum disqualifications for certain repeat high-range offences","Multiple cross-references between Parts (e.g., Part V definitions used in Part VII, Division 9 references Motor Vehicles Act 1949)","Division 5 (Taking of samples) has a hierarchy of breath test, breath analysis, saliva test, blood sample with different triggers and defences","Part VA (Hoon behaviour) introduces separate definitions, impounding determinations, impounding orders, forfeiture orders, and disposal procedures with reference to the PPS Register and Consumer Credit Code","Transitional provisions in Parts IX and X that validate past actions and change measurement units from BAC to BrAC with a table","General penalty provisions that refer to 'regulatory offence' and incorporate the Criminal Code for some offences","Regulations can prescribe additional matters, including speed limits, demerit points, and prescribed drugs, making the Act dependent on subordinate legislation"],"plain_english_summary":"The **Traffic Act 1987** is a Northern Territory law that sets out the rules of the road and penalties for breaking them. It covers:\n\n- **Who can drive**: Requirements for licences, learner permits, and restrictions on disqualified or unlicensed drivers.\n- **Vehicle registration**: Rules about driving unregistered vehicles, including heavy vehicles, and exemptions for visiting vehicles.\n- **Alcohol and drugs**: It is an offence to drive with a certain amount of alcohol in your breath or blood (measured in grams per 210 litres of breath or per 100ml of blood). There are different limits for different drivers: zero alcohol for learner drivers, drivers under 18, provisional licence holders, heavy vehicle drivers, and driving instructors. The law also bans driving with certain drugs in your body (prescribed by regulations). Police can pull drivers over at random to do breath tests and saliva tests. If you refuse to provide a sample, you face penalties.\n- **Dangerous driving**: Reckless driving, driving at extreme speeds (45 km/h over the limit), and careless driving causing death or serious harm are offences with licence cancellation and possible jail time.\n- **Hoon behaviour**: If you commit certain 'prescribed driving offences' (like street racing or burnouts) repeatedly, police can impound your vehicle for 48 hours, and a court can order impounding for months or even forfeit the vehicle to the Territory.\n- **Traffic control devices**: Only the competent authority can erect or alter signs, lights, and road markings. Interfering with them is an offence.\n- **Enforcement**: Police and inspectors have powers to stop vehicles, request documents, and seize vehicles. There are provisions for traffic infringement detection devices (speed cameras, red light cameras) and how their evidence is used in court.\n- **Penalties**: Fines, imprisonment, licence suspension or cancellation, and demerit points. The law also provides for alcohol ignition locks – devices fitted to cars that prevent starting if the driver has been drinking – for repeat offenders.\n\nThis Act applies to public streets and public places in the Northern Territory and binds the Crown. It is enforced by police and the Director of Transport."},"summary":{"name":"Traffic Act 1987","slug":"traffic-act-1987","title_id":"traffic-act-1987","version_id":30590,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Whole principal Act, in-force version. Covers preliminary, administration, control areas, traffic control devices, drink and drug driving (including testing procedures), hoon behaviour, general traffic offences, prosecutions and penalties, and miscellaneous provisions. As in force at 10 February 2026."},"complexity_factors":["Multiple tiers of alcohol and drug offences with distinct BAC thresholds and penalty scales","Different alcohol limits applying to different classes of drivers","Complex second-and-subsequent offence escalation rules","Alcohol ignition lock scheme as an alternative to full disqualification","Hoon vehicle impounding and forfeiture procedures involving police, courts, and credit providers","Constitutional interaction with Commonwealth places in the NT"],"plain_english_summary":"The Traffic Act 1987 (NT) is the principal statute regulating road use, driver behaviour, drink and drug driving, vehicle registration, and traffic enforcement in the Northern Territory. It operates in concert with the Motor Vehicles Act 1949 (NT), which governs the separate licensing and registration systems.\n\nThe Act's most prominent provisions are in Part V, which creates a tiered set of drink and drug driving offences. It distinguishes high range (BrAC of 0.08 g or above, or BAC of 0.08 g per 100 mL or above), medium range, and low range breath or blood alcohol content offences, each carrying different maximum penalties and mandatory disqualification periods. Certain drivers, including learners, probationary drivers, and drivers of heavy vehicles, are subject to a zero-alcohol requirement. Roadside breath testing and saliva testing are authorised under Division 5, along with blood sample requirements in certain circumstances. A person who refuses to provide a required sample commits a separate offence.\n\nPart VA, inserted to address hoon behaviour, empowers police officers to impound or immobilise vehicles used in prescribed driving offences. On a first offence, the police officer may make an impounding determination for up to 48 hours. Courts may make impounding and forfeiture orders on second and subsequent offences.\n\nPart VI creates offences for dangerous driving, driving at dangerous speed, careless driving, driving while disqualified, driving without a licence, and driving an unregistered or uninsured vehicle. Dangerous driving carries up to two years' imprisonment for a first offence, with mandatory licence cancellation.\n\nA High Court decision in 1994 (Svikart v Stewart) confirmed that the Act applies within Commonwealth places in the NT, such as RAAF Base Darwin, because section 52(i) of the Constitution does not extend to Commonwealth places in a Territory."},"kimi_summary":{"_metrics":{"completionTokens":823},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown substantially from its original 1987 form. The most significant expansion is Part V (drink and drug driving), which was completely restructured in 2008 and now occupies over 40 pages with intricate testing procedures, multiple offence tiers, and the alcohol ignition lock scheme. Part VA (hoon behaviour) was added in 2009, creating an entirely new vehicle confiscation regime. The Act also now incorporates by reference national standards and other jurisdictions' laws, and includes extensive transitional machinery for amendments that have accumulated over nearly 40 years."},"complexity_factors":["Multiple nested offence categories with escalating penalties based on prior convictions (e.g., sections 21-26, 28, 29AAA)","Extensive cross-referencing to other Acts including Motor Vehicles Act 1949, Australian Road Rules, Criminal Code, and Commonwealth legislation","Complex transitional provisions across Parts VIII, IX and X dealing with amendments from 2009, 2011 and 2022","Detailed procedural requirements for testing (breath, saliva, blood) with multiple exceptions and defences (e.g., sections 29AAC-29AAL)","Alcohol ignition lock scheme with conditional eligibility and multiple disqualification period calculations","Hoon behaviour provisions with layered impoundment/forfeiture scheme involving police determinations, court orders, and third-party interests","Demerit points scheme administered under separate Act but referenced throughout","Multiple definitions sections (sections 3, 19, 29AB) with overlapping and conditional terms"],"plain_english_summary":"This is the **Northern Territory Traffic Act 1987**, the main law governing road use in the NT. It covers everything from everyday driving rules to serious criminal offences.\n\n**What it does:**\n\n- **Sets up the system** — creates roles like the Director of Transport and Registrar of Motor Vehicles, plus inspectors and officers who enforce the rules\n\n- **Controls traffic devices** — governs who can put up signs, signals, and road markings, and makes it illegal to tamper with them\n\n- **Deals with drink and drug driving** — this is the biggest part of the Act. It creates offences for driving with alcohol in your system (at three levels: low, medium, and high range) or with prohibited drugs. Police can pull you over randomly for breath or saliva tests. Refusing these tests is itself a serious offence. There are automatic licence cancellations, disqualification periods, and for repeat offenders, mandatory alcohol ignition locks (breathalysers fitted to your car that stop it starting if you've been drinking)\n\n- **Targets \"hoon\" behaviour** — allows police to impound vehicles used in dangerous driving, and courts can order longer impoundment or even forfeiture (the Territory keeps the car) for repeat offenders\n\n- **Creates general driving offences** — dangerous driving, careless driving causing death or serious injury, driving while disqualified or unlicensed, driving unregistered or uninsured vehicles\n\n- **Sets up enforcement** — how offences are prosecuted, penalties, demerit points, and how owners can be held liable if the actual driver isn't identified\n\n**Who it affects:**\n\n- Every driver, passenger, and pedestrian in the Northern Territory\n- Vehicle owners, including companies\n- Driving instructors and learner drivers (who face stricter alcohol rules)\n- Heavy vehicle operators and commercial passenger vehicle drivers (zero alcohol limits)\n- People with previous drink or drug driving convictions (face harsher penalties)\n\n**Why it matters:**\n\nThis Act is the backbone of road safety law in the NT. It tries to balance catching dangerous drivers with procedural fairness — for example, you can request a second breath test, get your own blood sample analysed, and appeal immediate licence suspensions. The \"hoon\" provisions are particularly tough, allowing cars to be seized and potentially permanently taken for repeat dangerous driving."}},"importantCases":[],"_links":{"self":"/api/acts/traffic-act-1987","history":"/api/acts/traffic-act-1987/history","analysis":"/api/acts/traffic-act-1987/analysis","conflicts":"/api/acts/traffic-act-1987/conflicts","importantCases":"/api/acts/traffic-act-1987/important-cases","documents":"/api/acts/traffic-act-1987/documents"}}