Traffic Act 1987

The Act affects every person who drives, or is in charge of, a motor vehicle on a public street or public place in the NT, including:

• all licensed and unlicensed drivers,
• learners, probationary drivers, and restricted licence holders,
• drivers of heavy vehicles, buses, and vehicles carrying dangerous goods,
• riding instructors in charge of a student driver,
• persons who are in a vehicle when a police officer requires them to take a breath test or provide a sample,
• vehicle owners and registered operators (who may face impounding consequences under Part VA even if they were not the driver),
• credit providers who have a security interest in an impounded or forfeited vehicle.

Police officers are the primary enforcement agency. Inspectors appointed under section 9 may also carry out certain functions. The Registrar of Motor Vehicles has specific obligations under the hoon Part.

Alcohol limits: Drivers must not drive with a breath or blood alcohol content above the level applicable to their licence category. For standard licence holders, the limit is below 0.05 g/210 L (BrAC). For zero-alcohol category drivers (learners, probationary), the limit is zero.

Drug driving: Drivers must not drive with certain prohibited drugs present in their body (section 28). Impairment is not a required element of either the alcohol or drug driving offences (sections 20 and 27): the presence of alcohol or the drug above the threshold is sufficient.

Compliance with breath and saliva tests: A person who a police officer requires to submit to a breath test or breath analysis must do so (sections 29AAC-29AAE). Refusal is a separate offence carrying equivalent or greater penalties to the substantive drink driving offence.

Compliance with blood sample requirements: A person may be required to give a blood sample in circumstances set out in sections 29AAG and 29AAH, particularly where a breath analysis is impracticable. Refusal is an offence.

Careless and dangerous driving: A person must not drive recklessly, at a dangerous speed, or in a manner dangerous to the public (section 30). A person must not drive without due care and attention, or without reasonable consideration for other persons using the public street or place (section 30B).

Licence and registration: A person must hold a valid licence under the Motor Vehicles Act 1949 and must not drive an unregistered vehicle (section 33) or an uninsured vehicle (section 34).

Breath and saliva testing: Section 29AAB enables police to pull over any driver at random for a breath test or saliva test. No suspicion of impairment or offending is required. Police may require a driver stopped for any reason (or who has been involved in an accident) to submit to testing.

Blood sample requirements: Police may require a blood sample where breath analysis is not practicable (for example, where the person cannot physically perform a breath analysis) (sections 29AAG-29AAH). Blood is taken by a registered nurse or medical practitioner.

Immediate licence suspension: Under Division 6 of Part V, a police officer who reasonably believes a driver has committed a relevant alcohol offence may issue an immediate licence suspension notice (section 29AAN). The suspension takes effect immediately and can last up to 24 hours under section 29AAM, pending further court orders.

Impounding determinations (Part VA): A police officer who reasonably believes a vehicle was used in a prescribed driving offence may make an impounding determination in writing within 14 days of the alleged offence (section 29AD). The initial impounding period is defined by the determination. The determination must be provided to the driver, registered owner, and operator. Review by a senior police officer is available (section 29AE).

Impounding and forfeiture orders: On sentencing for a second prescribed driving offence, a court may make an impounding order (section 29AH). For subsequent offences, a court may make a forfeiture order (section 29AI) transferring title to the vehicle to the Territory. The vehicle may then be sold or disposed of under sections 29AR-29AS.

Traffic control devices: The competent authority (the person or body controlling the relevant street or place) may erect traffic control devices under section 13. The Minister may direct a competent authority to erect, alter, or remove a device (section 14). A court may order restitution where a device has been unlawfully damaged or removed (section 16).

Exemptions: The Registrar may exempt persons or vehicles from specified provisions of the Act (section 10B). The Minister may grant exemptions in the context of races and special events (section 43A).

High range drink driving (first offence): Maximum 10 penalty units or 12 months' imprisonment. Automatic licence cancellation and minimum 12 months' disqualification (section 21).

High range drink driving (second or subsequent offence): Maximum 20 penalty units or 12 months' imprisonment. Automatic licence cancellation and minimum 18 months' disqualification (mandatory period), followed by an additional period during which only an alcohol ignition lock (AIL) licence may be held (section 21(3)(b)).

Escalated disqualification: Where a person's current high range offence follows a previous high range, refusal, or blood sample refusal offence within three years, the minimum disqualification period rises to five years (section 21(4)).

Medium range drink driving (first offence): Maximum 7.5 penalty units or six months' imprisonment.

Failing to provide breath analysis (section 29AAE): Maximum 20 penalty units or 12 months' imprisonment for a second or subsequent offence. Automatic licence cancellation and disqualification apply.

Dangerous driving (section 30, first offence): 20 penalty units or two years' imprisonment. Automatic licence cancellation and minimum six months' disqualification; 12 months for a second offence.

Careless driving (section 30B): Lower penalty scale with discretionary licence consequences.

Driving while disqualified (section 31): 20 penalty units or imprisonment for 12 months.

Driving without a licence (section 32): 20 penalty units or imprisonment for 12 months. Disqualification from holding a licence may also be imposed.

Driving unregistered vehicle (section 33): 20 penalty units or imprisonment for 12 months.

Traffic infringement notices: The Act provides for infringement notices under the Traffic Regulations as an alternative to prosecution for prescribed offences. Infringement notice fines may be used as evidence in hoon proceedings (section 29AC treats an unpaid or uncontested infringement notice as a finding of guilt for the purposes of Part VA).

Demerit points: Section 43AA creates a demerit point scheme for prescribed traffic offences. Points accumulate against a driver's licence and trigger mandatory suspension consequences under the Motor Vehicles Act 1949.

Proof of speed: Section 38 allows proof of a vehicle's speed by evidence of the speed measured by a speed detection device without requiring expert evidence about the accuracy of the device, provided approved devices are used.

Breath test at roadside: Police may require any driver to stop and undergo a breath test (section 29AAB). The test is preliminary; if positive, the driver may be required to undergo a formal breath analysis.

Breath analysis procedure: Must be conducted in accordance with the Act and using an approved instrument (section 29AAC). The driver is entitled to communicate with a medical practitioner before providing a blood sample (section 29AAL).

Impounding determination: Must be made within 14 days of the alleged offence. The police officer must give notice to the driver, owner, and operator as soon as reasonably practicable. Review by a senior police officer must occur within a prescribed period.

Court impounding and forfeiture orders: Arise at the time of sentencing. Applications for impounding orders in relation to second offences follow upon a finding of guilt. Interested parties (including credit providers) must be given opportunity to be heard before a forfeiture order is made (section 29AJ).

Additional analysis of saliva sample: A person may apply under section 29AALA for an additional analysis of their saliva sample if they dispute the initial result.

Licence disqualification appeals: Persons may appeal against a finding of guilt, disqualification, or licence cancellation under section 43.

Motor Vehicles Act 1949 (NT): The Act assumes a valid licence issued under the Motor Vehicles Act 1949. The definitions of "licence", "learner's licence", "motor vehicle", and "registered owner" cross-reference the Motor Vehicles Act. Demerit point consequences and licence suspension flows are implemented through the Motor Vehicles Act.

Traffic Regulations (NT): The Traffic Regulations made under this Act set out the detailed road rules (including speed limits, intersection behaviour, and parking rules), prescribed driving offences for hoon purposes, the form of infringement notices, and prescribed alcohol ignition lock conditions.

National Consumer Credit Protection Act 2009 (Cth) (Consumer Credit Code): Section 29AB imports the Consumer Credit Code definition of credit contract to protect credit providers with a security interest in an impounded vehicle (section 29AO). Credit providers who satisfy the Act's notice and application requirements may be entitled to recover the vehicle before forfeiture is finalised.

Personal Property Securities Act 2009 (Cth): Referenced in the section 3 definitions through the PPS Act and PPS Register terms. A credit provider's security interest registered on the PPS Register is relevant to the credit provider rights under Division 4 of Part VA.

Cross-border Justice Act 2009 (NT): Modifications to the Act apply under the Cross-border Justice regime, which enables consistent enforcement across NT and State borders for persons subject to justice orders.

Australian Constitution, section 52(i): The High Court in Svikart v Stewart [1994] HCA 62 held that section 52(i) of the Constitution (exclusive Commonwealth legislative power over Commonwealth places) does not apply to places in the NT because, at federation, there were no territories, and the provision was designed to exclude only State legislative power. As a result, the Traffic Act applies within Commonwealth-owned bases and facilities in the NT.

Zero alcohol means zero: For learner and probationary drivers, and drivers of prescribed heavy vehicles, any detectable alcohol in the breath constitutes an offence. The 0.05 threshold that applies to standard licence holders does not apply to these categories.

Refusal to provide sample is treated like the offence itself: A person who refuses a breath analysis, saliva test, or blood sample may face automatic licence cancellation and minimum disqualification periods that match or exceed those for the substantive drink driving offence (section 29AAE). Refusing to "beat" the test is not a risk-free option.

Impounding affects the owner, not only the driver: Under Part VA, a vehicle may be impounded even if the registered owner was not driving. The owner bears costs of impounding. Forfeiture on a subsequent offence transfers title to the Territory from the owner, regardless of who drove.

Infringement notice = finding of guilt for hoon purposes: Section 29AC provides that an unpaid or uncontested traffic infringement notice counts as a finding of guilt for the purposes of the hoon vehicle impounding Part. A driver who pays a speeding infringement notice without contesting it may not realise they have thereby "been found guilty" for the second-offence escalation.

Mandatory disqualification is automatic on certain findings of guilt: For dangerous driving (section 30) and high range drink driving (section 21), the licence is cancelled and the person is disqualified by force of the finding of guilt. No separate sentencing step is required for the disqualification to take effect.

Five-year disqualification for repeat serious offenders: A person convicted of high range drink driving whose record shows a prior high range, breath analysis refusal, blood sample refusal, or direction non-compliance offence within three years faces a minimum five-year disqualification under section 21(4), with no AIL licence option.

Random breath test at a checkpoint: A driver is stopped at a random breath testing station under section 29AAB. The roadside device indicates a reading above zero. The driver is directed to a breath analysis vehicle. The breath analysis confirms a BrAC of 0.095 g per 210 litres (high range). For a first offence, the driver faces a maximum of 10 penalty units or 12 months' imprisonment. The court must cancel the licence and disqualify the driver for a minimum of 12 months. No evidence of impaired driving ability is required under section 20.

Hoon vehicle impound, first offence: A driver performs a burnout in a public street, a prescribed driving offence under the regulations. A police officer attending the scene forms a reasonable belief the vehicle was used in the offence. Within 14 days, the officer makes an impounding determination in writing under section 29AD. The vehicle is towed and kept for the initial period specified in the determination. The driver must pay the costs of impounding under section 29AQ. At this stage, no court order is required.

Second hoon offence, court order: The same driver is later found guilty of a second prescribed driving offence. On sentencing, the court may make an impounding order under section 29AH, specifying an impounding period of up to three months. The vehicle is removed for that period. If the driver then offends again, the court may make a forfeiture order under section 29AI, which transfers title to the vehicle to the Territory.

Constitutional challenge to Traffic Act on RAAF base: A person is charged under section 19(2) of the Traffic Act with driving on a public street within RAAF Base Darwin with a BAC above 0.08 per cent. The defendant argues the Territory's Traffic Act does not apply to this Commonwealth-acquired place. Following Svikart v Stewart [1994] HCA 62, this argument fails: section 52(i) of the Constitution does not apply to places in the NT, so the Traffic Act is valid Territory legislation that applies within the base.