Traffic Offences (Penalties) Act 1976

[20 April 1976]

[preamble and words of enactment omitted]

Interpretation

1 In this Act—

"auxiliary bicycle", "motor car" and "public service vehicle" have the same meanings as in the Motor car Act 1951 [title 21 item 4];

"court" means the Supreme Court or, as the case may be, a court of summary jurisdiction before which a traffic offence is heard and determined;

"the Director" means the Director of Transport Control;

"driver's licence" means a driver's licence issued under section 73 of the Motor Car Act 1951 [title 21 item 4], a learner's per mit issued under section 76 of that Act or a driver's licence issued under sec tion 9 of the Auxiliary Bicycles Act 1954 [title 21 item 7];

"impaired driving traffic offence" means an offence against any of the following provisions specified in head 2 of Schedule 1, being provisions of the Act specified in head 1 of that Schedule, namely, section 35(1), (2), (3A) and (3B) section 35A, section 35B, section 35C(7) and section 35F(3);

"the Minister" means the Minister of Transport;

"traffic offence" means an offence against a provision specified in head 2 of Schedule 1 being a provision of an Act specified in head 1 of that Schedule.

[section 1 amended by 1997 : 28 effective 16 January 1998]

Prosecution and punishment of traffic offences

2 (1) Schedule 1 shall have effect with respect to the prosecution and punishment of traffic offences.

(2) In relation to any traffic offence—

(a) head 3 of the Schedule indicates the general nature of the offence;

(b) head 4 of the Schedule shows whether the offence is punishable on summary conviction or on indictment or either in one way or the other;

(c) head 5 of the Schedule shows the maximum punishment by way of fine or imprisonment which may be imposed on a person convicted of the offence in the way specified in relation thereto in head 4, any reference in head 5 to a period of months or years being construed as a refer ence to a term of imprisonment of that duration;

(d) head 6 of the Schedule shows the type and length of disqualification in relation to which of fences the court is required or empowered to order the person convicted to be disqualified from holding or ob taining a driver's licence, any reference in head 6 to obli gatory disqualification importing such a requirement and any reference therein to discretionary disqualifica tion importing such a power.

(3) Where in head 5 of Schedule 1 different penalties are speci fied for second, third or subsequent offences against the same section committed within two years of the date of conviction of a first offence, only offences committed—

(a) within the two years immediately preceding the coming into operation of this Act; or

(b) after the coming into operation of this Act,

shall be taken into account for the purpose of determining whether the offence in question is to be treated as a first, second, third or subsequent offence, as the case may be, and any offence committed at an interval of more than 2 years after the date of conviction of a previous offence shall for such purposes be treated as a first offence:

Provided that nothing in this subsection shall be construed to derogate from any rule of law under which evidence of previous convic tions may be given to a court.

[section 2 amended by 1993 : 30 effective 29 June 1993]

Reckonable offences

3 (1) In this section "reckonable offence" means an offence against a provision of law specified in heads 1 and 2 of Schedule 2 of a description specified in head 3 of Schedule 2.

(2) Where—

(a) a person is charged with a reckonable offence; and

(b) he has within the two years preceding the date of com mission of such offence been convicted of a previous reckonable offence,

such previous conviction shall, for the purpose only of determining the period of disqualification that may be imposed on his conviction of the offence charged, be deemed to be a previous conviction of the offence charged and the court may disqualify him accordingly:

Provided that in each group of Schedule 2 the offences therein specified shall be reckonable inter se, the offences specified in group 1 shall be reckonable with the offences specified in group 2 but not con versely.

Exceeding the speed limit

3A Where a person is convicted for an offence under section 7(4) of the Road Traffic Act 1947 [title 21 item 3] the provisions relating to disqualifica tions set out in Parts A and B of Schedule 4 shall be applica ble and any such disqualification ordered by the court may be in addi tion to, or in lieu of, any other punishment imposed by the court in respect of the offence.

[section 3 amended by 1993 : 30 effective 29 June 1993]

Disqualification; obligatory and discretionary

4 (1) Where a person is convicted of a traffic offence in relation to which there appears in head 6 of Schedule 1—

(a) the word "obligatory", the court shall order him to be disqualified for such period as is specified in that head as the period of obligatory disqualification in relation to that offence unless the court for special reasons thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified;

(b) the word "discretionary", the court may order him to be disqualified for such period as the court thinks fit, not exceeding the period specified in that head as the period of discretionary disqualification in relation to that of fence;

(c) both the word "obligatory" and the word "discretionary", the court shall, subject to paragraph (a), order him to be disqualified for the period of obligatory disqualification and may, subject to paragraph (b), order him to be dis qualified for a further period, the aggregate of such peri ods not exceeding the period of discretionary disqualifi cation.

(2) Where a person is convicted of a traffic offence, other than an impaired driving traffic offence and the court orders him to be disqualified, the court may order him to be disqualified for driving the class of motor vehicle in respect of the use of which the offence is committed or may order him to be disqualified for driving all motor vehicles, including aux iliary bicycles, and may, in addition to any other order under this section, order him to be disqualified until he has, since the date of the order, passed the test of competence to drive prescribed

court to remove the disqualification and on any such application the court may, as it thinks proper, having regard to the char acter of the per son disqualified and his conduct subsequent to the order, the nature of the offence and any other circumstances of the case, either by order re move the disqualification as from such date as may be speci fied in the order or refuse the application.

(2) No application shall be made under subsection (1) for the removal of a disqualification before the expiration of one half of the pe riod of the disqualification or 12 months whichever is greater and in de termining the expiration of the period after which a person may apply for the removal of a disqualification, any time after the conviction during which the disqualification was suspended or he was not disqualified shall be disregarded.

(3) Where an application under subsection (1) is refused, a further application thereunder shall not be entertained if made within three months after the date of the refusal.

Amendments

10 [omitted]

Savings

11 Nothing in this Act shall derogate from the powers of the Minis ter or the Public Service Vehicles Licensing Board under the Motor Car Act 1951 [title 21 item 4] to refuse to issue or renew a driver's licence for any class of motor vehicle or to order the cancellation of such licence and the dis qualification of the holder thereof.

Commencement

12 [omitted]

[this Act was brought into operation on 1 July 1976]

SCHEDULE 1

PROSECUTION AND PUNISHMENT OF OFFENCES Section 2

Head 1—Act

Head 2—Provision Creating Offence

Head 3—General Nature of offence

Head 4—Mode of Prosecution

Head 5—Punishment

Head 6—Disqualification

Head 1: Road Traffic Act 1947

Head 2: section 4(4)

Head 3: using vehicle in contravention of order regu lating use

Head 4: summary

Head 5: $200

Head 6: discretionary 6 months

Head 1: Road Traffic Act 1947

Head 2: section 5(3)

Head 3: using vehicle in contravention of restriction or prohibition of use of highway

Head 4: summary

Head 5: $50

Head 1: Road Traffic Act 1947

Head 2: section 6

Head 3: failing to move on etc. when required by po lice officer

Head 4: summary

Head 5: $100

Head 1: Road Traffic Act 1947

Head 2: section 7(4)

Head 3: exceeding speed limit

Head 4: summary

Head 5: if first offence - $500 or 3 months, or both

if second offence committed within 2 years of date of con viction of first offence - $1,000 or 6 months, or both

if second offence in any other case - $500 or 3 months, or both

if third or subsequent offence committed within 2 years of date of conviction of first offence - $2,000 or 18 months, or both

if third or subsequent offence in any other case - $500 or 3 months or both

Head 6: if first offence - discretionary

if second offence committed within 2 years of date of con viction of first offence - obligatory

if second offence in any other case - discretionary

if third or subsequent offence committed within 2 years of date of conviction of first offence - obligatory

if third or subsequent offence in any other case - discretionary

where the court is satisfied the offender exceeded 65 kilo metres per hour in addition to any penalty imposed un der Head 5(i), (ii), or (iii) above — obligatory.

Head 1: Road Traffic Act 1947

Head 2: section 12

Head 3: neglecting traffic directions or signs

Head 4: summary

Head 5: $300

Head 6: discretionary - 6 months

Head 1: Road Traffic Act 1947

Head 2: section 13(7)

Head 3: unlawful parking

Head 4: summary

Head 5: $100

Head 1: Road Traffic Act 1947

Head 2: section 14

Head 3: leaving vehicle in dangerous position

Head 4: summary

Head 5: $300

Head 6: discretionary - 6 months

Head 1: Road Traffic Act 1947

Head 2: section 15(2)

Head 3: failing to take proper steps in event of me chanical breakdown etc

Head 4: summary

Head 5: $300

Head 6: discretionary - 6 months

Head 1: Road Traffic Act 1947

Head 2: section 16(2)

Head 3: failing to secure etc unattended vehicle

Head 4: summary

Head 5: $300

Head 6: discretionary - 6 months

Head 1: Road Traffic Act 1947

Head 2: section 17(2)

Head 3: failing to stop at intersection

Head 4: summary

Head 5: $300

Head 6: discretionary - 6 months

Head 1: Road Traffic Act 1947

Head 2: section 18(4)

Head 3: unlawful riding by or carrying of passengers

Head 4: summary

Head 5: $300

Head 6: discretionary - 6 months

Head 1: Road Traffic Act 1947

Head 2: section 19(3)

Head 3: unlawful sounding of warning device or play ing of radio in mo tor car

Head 4: summary

Head 5: $300

Head 6: discretionary - 6 months

Head 1: Road Traffic Act 1947

Head 2: section 20

Head 3: towing of motor cycle or person wearing roller skates

Head 4: summary

Head 5: $300

Head 6: discretionary - 6 months

Head 1: Road Traffic Act 1947

Head 2: section 21(2)

Head 3: Failing to exhibit "L" plate

Head 4: summary

Head 5: $50

Head 1: Road Traffic Act 1947

Head 2: section 22(3)

Head 3: failing to exhibit "T" plate

Head 4: summary

Head 5: $100

Head 1: Road Traffic Act 1947

Head 2: section 23(3)

Head 3: unlawful towing of vehicle

Head 4: summary

Head 5: $100

Head 1: Road Traffic Act 1947

Head 2: section 25(12)

Head 3: Contravention of provisions as to lighting of vehicles

Head 4: summary

Head 5: $200

Head 1: Road Traffic Act 1947

Head 2: section 26(4)

Head 3: Contravention of provisions as to loading of vehicles

Head 4: summary

Head 5: $300

Head 6: discretionary - 3 months

Head 1: Road Traffic Act 1947

Head 2: section 27(4)

Head 3: Failing to stop or allow free passage at pedestrian crossing

Head 4: summary

Head 5: $100

Head 1: Road Traffic Act 1947

Head 2: section 27(5)

Head 3: Remaining on pedestrian crossing or failing to comply with sig nal of police officer

Head 4: summary

Head 5: $100

Head 1: Road Traffic Act 1947

Head 2: section 30(3)

Head 3: Failing to stop when requested by a police of ficer

Head 4: summary

Head 5: $300

Head 6: discretionary - 3 months

Head 1: Road Traffic Act 1947

Head 2: section 31(2)

Head 3: Failing to comply with order to put equipment in good working order

Head 4: summary

Head 5: $300

Head 6: discretionary - 3 months

Head 1: Road Traffic Act 1947

Head 2: section 32(2)

Head 3: Owner failing to give information to police of ficer as to driver and occupants of vehicle

Head 4: summary

Head 5: $300

Head 6: discretionary - 3 months

Head 1: Road Traffic Act 1947

Head 2: section 34(1)

Head 3: Causing death by reckless or dangerous driving

Head 4: on indictment

Head 5: 5 years

Head 6: discretionary - 5 years

Head 1: Road Traffic Act 1947

Head 2: section 34(2)

Head 3: Causing injury by reckless or dangerous driving

Head 4: summary [see below if on indictment]

Head 5: if first offence - $1,000 or 12 months, or both

if second offence committed within 2 years of date of conviction of first offence - $2,000 or 18 months, or both

if second offence in any other case - $1,000 or 12 months, or both

if third or subsequent offence committed within 2 years of date of conviction of first offence - $4,000 or 2 years, or both

if third or subsequent offence in any other case - $1,000 or 12 months or both

Head 6: if first offence; discretionary - 5 years

if second offence committed within 2 years of date of conviction of first offence, discre tionary - 5 years

if third or subsequent offence committed within 2 years of date of conviction of first offence; discretionary - 5 years

if third or subsequent offence in any other case; discre tionary - 5 years

Head 1: Road Traffic Act 1947

Head 2: section 34(2)

Head 3: Causing injury by reckless or dangerous driving

Head 4: on indictment [see above if summary]

Head 5: [on indictment] — 2 years

Head 6: [on indictment] if first offence; discretionary - 2 years

[on indictment] if second offence; discretionary - 3 years

[on indictment] if third offence; discretionary - 5 years

Head 1: Road Traffic Act 1947

Head 2: section 35(1)

Head 3: Driving or attempting to drive, or having the care or control of a motor car or an auxiliary bicycle while the ability to do so is impaired by alcohol or a drug

Head 4: summary

Head 5: if first offence - $1,000 or 12 months, or both

if second offence committed within 2 years of date of con viction of first offence - $2,000 or 18 months, or both

if second offence in any other case - $1,000 or 12 months, or both

if third or subsequent offence committed within 2 years of date of conviction of first offence - $4,000 or 2 years, or both

if third or subsequent offence in any other case - $1,000 or 12 months or both

Head 6: if first offence; obligatory - 12 months, discretionary - 5 years

if second offence committed within 2 years of date of con viction of first offence; obligatory - 3 years, discre tionary—5 years

if third or subsequent offence committed within 2 years of date of conviction of first offence; obligatory - 5 years

if third or subsequent offence in any other case; obliga tory—12 months; discre tionary - 5 years

Head 1: Road Traffic Act 1947

Head 2: section 35(2)

Head 3: Driving or attempting to drive or having the care or control of a cycle (not being an auxiliary bicycle) or any other vehicle other than a motor car while the ability to do so is impaired by alcohol or a drug

Head 4: summary

Head 5: $1,000 or 6 months

Head 1: Road Traffic Act 1947

Head 2: section 35(3A)

Head 3: Causing grievous bodily harm by driving or attempting to drive, or having the care or control of a motor car, auxiliary bicycle, cycle (not being an auxiliary bicycle) or any other vehicle other than a motor car while the ability to do so is impaired by alcohol or a drug, including a dangerous drug, or causing grievous bodily harm by driving or having the care or control of any such vehicle, whether it is in motion or not, having consumed alcohol in such a quantity that the proportion thereof in his blood exceeds 80 milligrammes of alcohol in 100 millilitres of blood, or while there is present in the body any dangerous drug

Head 4: on indictment

Head 5: Notwithstanding section 54(a), (b) and (d) of the Criminal Code 1907, not less than 1 and not more than 10 years

Head 6: obligatory - 3 years

Head 1: Road Traffic Act 1947

Head 2: section 35(3B)

Head 3: Causing death by driving or attempting to drive, or having the care or control of a motor car, auxiliary bicycle, cycle (not being an auxiliary bicycle) or any other vehicle other than a motor car while the ability to do so is impaired by alcohol or a drug, including a dangerous drug, or causing death by driving or having the care and control of any such vehicle, whether it is in motion or not, having consumed alcohol in such a quantity that the proportion thereof in his blood exceeds 80 milligrammes of alcohol in 100 millilitres of blood, or while there is present in the body any dangerous drug

Head 4: on indictment

Head 5: notwithstanding section 54(a), (b) and (d) of the Criminal Code Act 1907, not less than 1 and not more than 14 years

Head 1: Road Traffic Act 1947

Head 2: section 35A(2)

Head 3: Failing to comply with the demand of a police officer

Head 4: summary

Head 5: if first offence - $1,000 or 12 months, or both

if second offence committed within 2 years of date of conviction of first offence - $2,000 or 18 months, or both

if second offence in any other case - $1,000 or 12 months, or both

if third or subsequent offence committed within 2 years of date of conviction of first offence - $4,000 or 2 years, or both

if third or subsequent offence in any other case - $1,000 or 12 months or both

Head 6: if first offence; obligatory - 12 months, discretionary - 5 years

if second offence committed within 2 years of date of conviction of first offence; obligatory - 3 years, discre tionary - 5 years

if third or subsequent offence committed within 2 years of date of conviction of first offence; obligatory - 5 years

if third or subsequent offence in any other case; obliga tory — 12 months; discre tionary - 5 years

Head 1: Road Traffic Act 1947

Head 2: section 35A

Head 3: Driving or having the care or control of a mo tor car, auxiliary bicycle, cycle (not being an auxiliary bicycle) or any other vehicle other than a motor car, having consumed alcohol in such a quantity that the proportion of alcohol exceeds 100 mil ligrammes in 100 millilitres of blood