44References to Motor Traffic Act, Traffic Act etc

44 References to Motor Traffic Act, Traffic Act etc In any Act or document, a reference to any of the following legislation is, in relation to anything to which this Act applies, a reference to this Act: (a) Motor Traffic Act 1936; (b) Traffic Act 1937; (c) Motor Traffic Regulations 1934. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act (see Legislation Act, s 104).

(see s 4) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACT • exercise • found guilty • function • instrument. Note 3 The Road Transport (General) Act 1999 contains definitions relevant to this Act. For example, the following terms are defined in the Road Transport (General) Act 1999, dictionary: • Australian driver • driver • driver licence • external driver licence • illegal user declaration • infringement notice • known user declaration • light rail vehicle • motor vehicle • National Transport Commission • offence of culpable driving • registered operator • responsible person • ride • rider • road • road related area • road transport authority (or authority) (see s 16) • road transport legislation (see s 6)

• sold vehicle declaration • traffic • trailer • vehicle. Note 4 If a word or expression is defined in an Act (but not a regulation or another publication) included in the road transport legislation, the definition applies to each use of the word or expression in other road transport legislation unless the contrary intention appears (see Road Transport (General) Act 1999, s 8). aggravated offence— (a) against section 5A (Races, attempts on speed records, speed trials etc)—see section 5AAA; and (b) against section 7 (Furious, reckless or dangerous driving)—see section 7A. authorised person, for a provision of this Act, means— (a) a person who is appointed as an authorised person under the Road Transport (General) Act 1999, section 19 for the provision; or (b) a person who is, under a regulation made under this Act or the Road Transport (General) Act 1999, an authorised person for the provision. average speed, of a vehicle between 2 detection points, for part 6 (Traffic offence detection devices)—see section 22B. average speed limit, for a driver of a vehicle on a road between 2 detection points if more than 1 speed limit applies between the points, for part 6 (Traffic offence detection devices)—see detection point, for part 6 (Traffic offence detection devices)—see

drive a vehicle includes— (a) be in control of the steering, movement or propulsion of the vehicle; and (b) if the vehicle is a trailer—draw or tow the vehicle; and (c) if the vehicle can be ridden—ride the vehicle. first offender— (a) for division 2.1 (Speeding and other dangerous driving offences)—see section 5AB; and (b) for division 2.3 (Seizure, impounding and forfeiture of vehicles for certain offences)—see section 10AA. indicated on, an image of a vehicle or the driver of a vehicle taken by a traffic offence detection device, includes accompanying or reasonably associated with the image. installation, of a prescribed traffic control device, includes the painting or formation of any marks or structure that forms, or forms part of, the device. loaded unsafely, for part 3 (Unsafe loads)—see section 11. prescribed concentration, of alcohol in a person’s blood or breath— see the Road Transport (Alcohol and Drugs) Act 1977, section 4C. prescribed drug—see the Road Transport (Alcohol and Drugs) Act 1977, dictionary. prescribed traffic control device means a device, line, marking, sign, signal or anything else prescribed by regulation for this definition, and includes any board, device, plate, screen, word, and anything else, with a prescribed traffic control device that provides information about the application of the device. red traffic arrow includes a flashing red traffic arrow. red traffic light includes a flashing red traffic light.