88Traffic infringements

88 Traffic infringements

S. 88(1) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 105.11), 53/1989 s. 17(a), 60/1994 s. 29(12)(a)(b), 44/1997 s. 34(1), 46/1998
s. 7(Sch. 1), 57/1998 s. 4(5)(c)(i), 32/2006 s. 63(1), 77/2011 s. 5(1), 68/2017 s. 30(1), 41/2020 s. 30.

(1) A person who is referred to in section 77(2)(a), (c) or (dc) who has reason to believe that a person has committed a traffic infringement of a kind that is prescribed for the purposes of this Part may issue or cause to be issued and serve or cause to be served on that person a traffic infringement notice.

S. 88(1AAA) inserted by No. 26/2025 s. 5(1).

(1AAA) A protective services officer who has reason to believe that a person has committed an electric scooter offence that is a traffic infringement may issue or cause to be issued and serve or cause to be served on that person a traffic infringement notice.

S. 88(1AAB) inserted by No. 25/2025 s. 14(1).

(1AAB) A person who is referred to in section 77(2)(ca) who has reason to believe that a person has committed a traffic infringement may issue or cause to be issued and serve or cause to be served on that person a traffic infringement notice if the traffic infringement is—

(a) of a kind prescribed for the purposes of this Part; and

(b) an offence to which section 66 applies; and

(c) not an excessive speed infringement.

S. 88(1AA) inserted by No. 32/2006 s. 63(2), amended by Nos 25/2025 s. 14(2), 26/2025 s. 5(2).

(1AA) Subject to this Act, an offence referred to in subsection (1), (1AAA) or (1AAB) for which a traffic infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

S. 88(1A) inserted by No. 53/1989 s. 17(b), amended by Nos 5/1990 s. 11(7), 44/1997 s. 34(2), 111/2003 s. 20(1), 28/2009 s. 42, 37/2014 s. 10(Sch. item 147.46), 25/2025 s. 14(3).

(1A) Despite subsection (1) and subject to subsection (1AAB), a traffic infringement notice in respect of a drink-driving infringement, a drug-driving infringement or of an infringement detected by a prescribed road safety camera, may only be issued or caused to be issued by a police officer.

S. 88(2) amended by Nos 53/1989 s. 17(c), 57/1998 s. 4(5)(c)(ii), 94/2003 s. 8(28), substituted by No. 32/2006 s. 63(3), amended by Nos 25/2025 s. 14(4), 26/2025 s. 5(3).

(2) For the purposes of subsections (1), (1AAA) and (1AAB), a traffic infringement notice—

(a) must be in the form required by section 13 of the Infringements Act 2006; and

(b) must also state—

(i) in the case of a traffic infringement notice in respect of a drink-driving infringement, the concentration of alcohol alleged to have been present in the person's blood or breath; and