Div 21 Speeding and other dangerous

Division 2.1 Speeding and other dangerous driving offences Note The offence of culpable driving is in the Crimes Act 1900, s 29. 5AB Meaning of first offender and repeat offender—div 2.1 (1) A person who is convicted or found guilty of a dangerous driving offence is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence. Note Found guilty, of an offence—see the Legislation Act, dictionary, pt 1. (2) A person who is convicted or found guilty of a dangerous driving offence (the relevant offence) is a repeat offender in relation to the offence if— (a) the person has been convicted or found guilty of a dangerous driving offence that was committed at any time before the relevant offence was committed (whether or not the person has been convicted or found guilty of the dangerous driving offence when the person committed the relevant offence); or (b) the person is convicted or found guilty of 1 or more dangerous driving offences concurrently with being convicted of the relevant offence, and 1 or more of the dangerous driving offences were committed before the relevant offence. dangerous driving offence means— (a) an offence of culpable driving; or (b) an offence against section 5A (Races, attempts on speed records, speed trials etc); or

(c) an offence against section 5B (Improper use of motor vehicle); or (d) an offence against section 5C (Failing to stop motor vehicle for police); or (e) an offence against section 7 (Furious, reckless or dangerous driving); or (f) an offence against section 8 (Menacing driving); or (g) an offence against the Road Transport (Alcohol and Drugs) Act 1977, section 19 (Prescribed concentration of alcohol in blood or breath); or (h) an offence against the Road Transport (General) Act 1999, section 60 (1) (which is about requiring people to disclose the identity of a driver), if the requirement is to give information about the driver of a motor vehicle who is alleged to have committed an offence against section 5C; or (i) an offence against the Road Transport (Road Rules) Regulation 2017, section 20 (Obeying speed limit), if the person exceeded the speed limit applying to the person by more than 45km/h. 5A Races, attempts on speed records, speed trials etc (1) A person must not, without the road transport authority’s written approval, organise, promote or take part in— (a) a race between vehicles on a road or road related area; or (b) an attempt to break a vehicle speed record on a road or road related area; or (c) a trial of the maximum speed or acceleration of a vehicle on a road or road related area; or

(d) a competitive trial designed to test the skill of a driver, or the reliability or mechanical condition of a vehicle, on a road or road (a) for an offence by a repeat offender or an aggravated offence— 100 penalty units, imprisonment for 12 months or both; or (b) in any other case—50 penalty units. (2) The road transport authority may— (a) give or refuse to give an approval under subsection (1); and (b) impose any condition (whether of general or limited application) on an approval that the authority considers necessary in the interests of public safety and convenience. (3) Before giving an approval under subsection (1), the road transport authority must— (a) consult the chief police officer; and (b) take reasonable steps to seek, and take into account, the views of anyone who would be, in the authority’s opinion, likely to be affected if the approval were granted or refused. (4) Failure to comply with subsection (3) (b) in relation to an approval does not affect the validity of the approval. (5) A person taking part in (or the organiser or promoter) of a race, attempt or trial mentioned in subsection (1) must comply with any condition of an approval given under the subsection for the race, attempt or trial.