NSWIn ForceAct
Criminal Records Act 1991
11How are traffic offences to be dealt with?
Start here
Get a plain-English read of 11
Turn the raw legal text into a practical explanation grounded in Criminal Records Act 1991.
#### 11 How are traffic offences to be dealt with?
11 How are traffic offences to be dealt with?
> > (1) In this section, traffic offence means an offence arising out of the use of a motor vehicle or trailer (within the meaning of the road transport legislation referred to in section 6 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018)) and non-traffic offence means any other offence.
>
> > (2) A conviction for a traffic offence and any period of imprisonment imposed as a consequence of such a conviction are to be disregarded in calculating the crime-free period for a conviction for a non-traffic offence. A conviction for a traffic offence is of relevance only in calculating the crime-free period for a conviction for an earlier traffic offence.
>
> > (3) A conviction for a non-traffic offence and any period of imprisonment imposed as a consequence of such a conviction are to be disregarded in calculating the crime-free period for a conviction for a traffic offence. A conviction for a non-traffic offence is of relevance only in calculating the crime-free period for an earlier non-traffic offence.
>
> > (4) Despite subsections (2) and (3), regard is to be had to a conviction for any of the following offences in calculating the crime-free period for any conviction (whether for a traffic offence or a non-traffic offence). A conviction for any of the following offences is of relevance in determining the crime-free period for any earlier offence. The offences are—
> >
> > > (a) culpable driving (section 52A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) as in force immediately before the commencement of Schedule 1 to the [Crimes (Dangerous Driving Offences) Amendment Act 1994](/view/pdf/asmade/act-1994-78)),
> >
> > > (a1) dangerous driving occasioning death (section 52A (1) of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)),
> >
> > > (a2) aggravated dangerous driving occasioning death (section 52A (2) of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)),
> >
> > > (a3) dangerous driving occasioning grievous bodily harm (section 52A (3) of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)),
> >
> > > (a4) aggravated dangerous driving occasioning grievous bodily harm (section 52A (4) of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)),
> >
> > > (b) injury by furious driving (section 53 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)),
> >
> > > (c) manslaughter (section 24 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)) or causing grievous bodily harm (section 54 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)) where, in either case, the offence arises out of the use of a motor vehicle or trailer (within the meaning of the road transport legislation referred to in section 6 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018)).
>
> **s 11:** Am 1994 No 78, Sch 2; 1997 No 115, Sch 4.5; 1999 No 19, Sch 2.7; 2005 No 11, Sch 3.8 \[1\] \[2\]; 2013 No 19, Sch 4.15.