Division 1Division 1 Speeding and other dangerous driving offences
40 Races, attempts on speed records and other speed trials
(cf Traffic Act, s 4B)
(1) A person must not organise, promote or take part in:(a) any race between vehicles on a road or road related area, or(b) any attempt to break any vehicle speed record on a road or road related area, or(c) any trial of the speed of a vehicle on a road or road related area, or(d) any competitive trial designed to test the skill of any vehicle driver or the reliability or mechanical condition of any vehicle on a road or road related area,unless the written approval of the Commissioner of Police to the holding or making of the race, attempt or trial has been obtained.Maximum penalty: 30 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for 9 months or both (in the case of a second or subsequent offence).
(2) The Commissioner of Police may:(a) grant or refuse approval to the holding or making of a race, attempt or trial referred to in subsection (1), and(b) impose any condition (whether of general or limited application) on the approval that the Commissioner considers necessary in the interests of public safety and convenience.Note. Section 241 of the Road Transport (General) Act 2005 provides that a person aggrieved by a decision of the Commissioner of Police under this subsection may apply to the Administrative Decisions Tribunal for a review of the decision.(3) A person taking part in (or the organiser or promoter) of any race, attempt or trial referred to in subsection (1) must comply with any condition imposed on an approval granted under subsection (2) in respect of the race, attempt or trial.Maximum penalty: 20 penalty units.
(4) If a person is convicted by a court of an offence under this section in relation to a motor vehicle or trailer:(a) except as provided by paragraph (b)—the person is disqualified from holding a driver licence by the conviction and without any specific order of a court for 12 months, or(b) if the court at the time of the conviction thinks fit to order a shorter or a longer period of disqualification—the person is disqualified from holding a driver licence for the period specified in the order.Note. Section 189 of the Road Transport (General) Act 2005 provides for the effect of a disqualification (whether or not by order of a court).(5) Any disqualification under this section is in addition to any penalty imposed for the offence.(6) This section does not apply to any test of the slow running of a vehicle.
41 Conduct associated with road and drag racing and other activities
(cf Traffic Act, s 4BA)
(1) A person must not, on a road or road related area, operate a motor vehicle in such a manner as to cause the vehicle to undergo sustained loss of traction by one or more of the driving wheels (or, in the case of a motor cycle, the driving wheel) of the vehicle.Maximum penalty: 10 penalty units.
(2) A person must not:(a) operate a motor vehicle contrary to subsection (1) knowing that any petrol, oil, diesel fuel or other inflammable liquid has been placed on the surface of the road or road related area beneath one or more tyres of the vehicle, or(b) do, or omit to do, any other thing that prolongs, sustains, intensifies or increases loss of traction as referred to in subsection (1), or(c) repeatedly operate a motor vehicle contrary to subsection (1), or(d) operate a motor vehicle contrary to subsection (1) at a time, or on a road or road related area in a place, knowing that there is an appreciable risk that operation of the vehicle in that manner at that time and place is likely to interfere with the amenity of the locality or the peaceful enjoyment of any person in the locality or make the place unsafe for any person in the locality, or(e) willingly participate in any group activity involving the operation of one or more vehicles contrary to subsection (1), or(f) organise, promote or urge any person to participate in, or view, any group activity involving the operation of one or more vehicles contrary to subsection (1), or(g) photograph or film a motor vehicle being operated contrary to subsection (1) for the purpose of organising or promoting the participation of persons in any such group activity.Maximum penalty: 30 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for 9 months or both (in the case of a second or subsequent offence).
(3) In any proceedings for an offence under subsection (1) or (2), it is a defence if the person charged satisfies the court that the vehicle, although operated as referred to in subsection (1), was not so operated deliberately.(4) A person must not, on a road or road related area, engage in conduct prescribed by regulations made for the purposes of this section, being conduct associated with the operation of a motor vehicle for speed competitions or other activities specified or described in the regulations.Maximum penalty: 5 penalty units.
(5) Nothing in this section applies to the operation of a motor vehicle for the purposes of a race, attempt or trial undertaken in accordance with an approval given under section 40 by the Commissioner of Police.(6) In considering whether an offence has been committed under subsection (2) (d), the court is to have regard to all the circumstances of the case, including the following:(a) the nature and use of the road or road related area in which the offence is alleged to have been committed,(b) the nature and use of any premises in the locality of the road or road related area in which the offence is alleged to have been committed.(7) A person who is convicted by a court of an offence under subsection (2) (a), (b), (c) or (d) in relation to a motor vehicle is disqualified from holding a driver licence by the conviction and without any specific order of the court for 12 months.(8) Any disqualification under this section is in addition to any penalty imposed for the offence.
42 Negligent, furious or reckless driving
(cf Traffic Act, s 4)
(1) A person must not drive a motor vehicle negligently on a road or road related area.Maximum penalty:
(a) if the driving occasions death—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence), or(b) if the driving occasions grievous bodily harm—20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence), or(c) if the driving does not occasion death or grievous bodily harm—10 penalty units.(2) A person must not drive a motor vehicle furiously, recklessly or at a speed or in a manner dangerous to the public, on a road or road related area.Maximum penalty: 20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).
(3) In considering whether an offence has been committed under this section, the court is to have regard to all the circumstances of the case, including the following:(a) the nature, condition and use of the road or road related area on which the offence is alleged to have been committed,(b) the amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road or road related area.(4) In this section:grievous bodily harm includes any permanent or serious disfigurement.
(cf Traffic Act, s 4AA)
(1) Offence—intent to menace
A person must not drive a motor vehicle on a road or road related area in a manner that menaces another person with the intention of menacing that other person.Maximum penalty: 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).
(2) Offence—possibility of menace
A person must not drive a motor vehicle on a road or road related area in a manner that menaces another person if the person ought to have known that the other person might be menaced.Maximum penalty: 20 penalty units or imprisonment for 12 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 18 months or both (in the case of a second or subsequent offence).
(3) Application of section
This section applies:(a) whether the other person is menaced by a threat of personal injury or by a threat of damage to property, and(b) whether or not that person or that property is on a road or road related area.(4) Defence
A person is not guilty of an offence under this section if the person could not, in the circumstances, reasonably avoid menacing the other person.(5) Double jeopardy
A person is not liable to be convicted of:(a) both an offence under subsection (1) and an offence under subsection (2), or(b) both an offence under this section and an offence under section 42,arising out of a single incident.