Road Traffic Act 1974

Western Australia

An Act to consolidate and amend the law relating to road traffic; to repeal the Traffic Act 1919 and for incidental and other purposes.

Part I — Preliminary

1. Short title

This Act may be cited as the Road Traffic Act 1974 1.

2. Commencement

(1) Subject to subsection (2) the provisions of this Act shall come into operation on such date or such dates as is or are, respectively, fixed by proclamation 1.

(2) Section 4 shall come into operation on the day on which this Act receives the Royal Assent 1.

[3. Repealed by No. 82 of 1982 s. 4.]

4. Repeal

The provisions of the Traffic Act 1919 shall be repealed on such date or such dates as is or are, respectively, fixed by proclamation.

5. Definitions

(1) In this Act, unless the contrary intention appears —

“Director General” means the chief executive officer of the department of the Public Service principally assisting in the administration of the licensing provisions of this Act;

“district” means a district under the Local Government Act 1995;

“driver” means any person driving, or in control of, a vehicle or animal;

“driver’s licence” means a licence granted under this Act authorising a person to drive a motor vehicle of the class or classes therein specified, on a road;

“Government road” means a road declared by Order in Council under the Public Works Act 1902 to be a Government road or a highway or main road to which section 13(4) of the Main Roads Act 1930 applies;

“licence” means a licence granted under this Act;

“licensing provisions of this Act” means —

(a) Parts III, IV and IVA, section 76, section 82, section 113;

(b) regulations made for the purposes of the provisions mentioned in paragraph (a);

(d) regulations made under section 111(2)(j), (k) and (n), (3), (4) and (5) for the purposes of the regulations referred to in paragraph (c);

“mechanical power” includes any motive power not being animal power;

“motor vehicle” means a self‑propelled vehicle that is not operated on rails; and the expression includes a trailer, semi‑trailer or caravan while attached to a motor vehicle, but does not include a power assisted pedal cycle;

“number plate” means an identification tablet or number plate issued under the regulations bearing numerals, or letters, or numerals and letters;

“omnibus” means a passenger vehicle equipped to carry more than 8 adult persons and used to carry passengers for separate fares;

“owner”, in relation to a vehicle, means —

(a) the person who is entitled to the immediate possession of the vehicle; or

(b) if there are several persons entitled to its immediate possession, the person whose entitlement is paramount,

but if one of 2 or more persons fitting that description has been nominated for the purposes of section 5(4), it means only the person nominated;

“passenger vehicle” means —

(a) a taxi within the meaning of the Taxi Act 1994 and any vehicle that is licensed to stand or ply for the carriage of passengers for reward, including an omnibus; or

(b) a motor vehicle that is fitted with seats for 13 or more persons, including the driver of the vehicle, and is being used to carry 13 or more persons, including the driver;

“permit” means permit granted under this Act;

“power assisted pedal cycle” means a vehicle designed to be propelled through a mechanism operated solely by human power, to which is attached one or more auxiliary propulsion motors having a combined maximum output not exceeding 200 watts;

“recording fee” means the fee payable under section 19(1);

“repealed Act” means the Act repealed by section 4;

“responsible person”, for a vehicle, means a person responsible for the vehicle under section 5A;

“road” means any highway, road or street open to, or used by, the public and includes every carriageway, footway, reservation, median strip and traffic island thereon;

“stock” includes horses, mares, fillies, foals, geldings, colts, camels, bulls, bullocks, cows, heifers, steers, calves, asses, mules, sheep, lambs, goats and swine;

“traffic infringement notice” has the meaning given by section 102(1);

“traffic regulation provisions of this Act” means the provisions of this Act other than the licensing provisions of this Act;

“unrestricted licence” means a driver’s licence that is not granted on probation;

“vehicle” includes —

(a) every conveyance, not being a train, vessel or aircraft, and every object capable of being propelled or drawn, on wheels or tracks, by any means; and

(b) where the context permits, an animal being driven or ridden;

“vehicle licence charge” means the charge payable under section 19(3);

“warden” means a warden appointed under section 7.

(1a) In provisions of this Act dealing with penalties for offences —

(a) these abbreviations are used:

“Disq” for minimum period of disqualification;

“Max” for maximum fine;

“Min” for minimum fine;

“PU” for penalty unit or penalty units;

and

(b) a reference to a number of PU is a reference to an amount (in dollars) that is that number multiplied by 50.

(2) For the purposes of this Act a vehicle which is, in any manner, drawn or propelled on a road shall be deemed to be used on a road.

[(3) repealed]

(4) Where a vehicle is owned by more than one person and one of those persons is nominated by all such persons, by notice in writing given to the Director General, the nominated person shall for the purposes of this Act be deemed to be the owner of the vehicle.

[(5), (6) repealed]

[Section 5 amended by No. 77 of 1975 s. 3; No. 89 of 1978 s. 3; No. 71 of 1979 s. 3; No. 71 of 1981 s. 3; No. 105 of 1981 s. 3 and 19; No. 102 of 1984 s. 16; No. 121 of 1987 s. 4; No. 11 of 1988 s. 4; No. 50 of 1991 s. 3; No. 13 of 1992 s. 4; No. 83 of 1994 s. 48; No. 21 of 1995 s. 4; No. 14 of 1996 s. 4; No. 30 of 1996 s. 13; No. 76 of 1996 s. 4, 20(1) and (3); No. 50 of 1997 s. 4; No. 39 of 2000 s. 4; No. 28 of 2001 s. 4 and 23(2); No. 5 of 2002 s. 15; No. 7 of 2002 s. 27; No. 74 of 2003 s. 105(2); No. 6 of 2004 s. 4; No. 10 of 2004 s. 4; No. 4 of 2007 s. 5.]

5A. Person responsible for a vehicle

(1) For the purposes of this Act a person responsible for a vehicle is —

(a) if the vehicle is licensed — any licence holder who has not given a notice as described in paragraph (b);

(b) if a licence holder has given notice under section 24(1), or a corresponding law of another State or Territory or the Commonwealth, of a change in ownership of the vehicle and subsection (2) does not apply — the new owner as specified in the notice or, if more than one is specified, each of them;

(c) if the vehicle is not licensed but was previously licensed and subsection (2) does not apply — a person responsible under paragraph (a) or (b) before the vehicle last ceased to be licensed; or

(d) in any other case —

(i) the person who is entitled to the immediate possession of the vehicle; or

(ii) if there are several persons entitled to its immediate possession, the person whose entitlement is paramount.

(2) Despite subsection (1), a person is not responsible for a vehicle under subsection (1)(b), if it can be shown that the person did not agree to becoming an owner of the vehicle and has notified the Director General in writing accordingly or has given a notice to a similar effect to a licensing authority of another State or Territory or the Commonwealth.

(3) The Minister may by notice published in the Gazette declare a law of another State or Territory or the Commonwealth to be a corresponding law for the purposes of this section and may by subsequent notice so published vary or cancel any such declaration.

(4) In this section —

“licence holder”, in relation to a vehicle, means a person in whose name the vehicle is licensed;

“licensed” means licensed under this Act, registered under the Control of Vehicles (Off‑road Areas) Act 1978 or licensed or registered under a corresponding law of another State or Territory or the Commonwealth.

[Section 5A inserted by No. 39 of 2000 s. 5.]

Part II — Administration

[Heading inserted by No. 76 of 1996 s. 5.]

6. Functions of the Commissioner of Police and the Director General

(1) The Commissioner of Police is responsible for the control and regulation of traffic in the State and for the enforcement of the traffic regulation provisions of this Act.

(2) The administration of the licensing provisions of this Act shall be carried out through the Director General who shall be responsible for the enforcement of those provisions.

(3) Without limiting subsection (2), the functions of the Director General include the exercise and performance of all powers, duties and responsibilities vested in or imposed on the Director General by this Act.

(4) Subsection (2) does not affect the powers of a member of the Police Force in relation to offences, or suspected offences, against the licensing provisions of this Act.

[Section 6 inserted by No. 76 of 1996 s. 5.]

6A. Delegation

(1) The Director General may delegate to a person any power or duty of the Director General under another provision of this Act.

(2) The delegation must be in writing signed by the Director General.

(3) If a person is not employed in the Director General’s department, a power or duty can only be delegated to the person under this section if the person has been approved by the Minister for the purposes of this section.

(4) An approval under subsection (3) may be given in respect of —

(a) a specified person or persons of a specified class; or

(b) the holder or holders for the time being of a specified office or class of office.

(5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

(6) A person exercising or performing a power or duty that has been delegated to the person under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

(7) Nothing in this section limits the ability of the Director General to perform a function through an officer or agent.

[Section 6A inserted by No. 7 of 2002 s. 28.]

6B. Agreements for performance of functions

(1) The Director General may enter into an agreement providing for the Director General’s functions under this Act that are described in the agreement to be performed on behalf of the Director General.

(2) The agreement may be with the Commissioner of Police, a local government, or any other person or body, whether or not the person or body has itself functions of a public nature.

(3) A function described in the agreement may be performed —

(a) in accordance with the agreement; and

(b) on and subject to terms and conditions in the agreement.

(4) If the performance of a function is dependent upon the opinion, belief, or state of mind of the Director General it may be performed under the agreement upon the opinion, belief, or state of mind of the body or person with whom the agreement is made or another person provided for in the agreement.

(5) For the purposes of this Act or any other written law, an act or thing done by, to, by reference to, or in relation to, a body or person in connection with the performance by that body or person under the agreement of a function of the Director General is as effectual as if it had been done by, to, by reference to, or in relation to, the Director General.

[Section 6B inserted by No. 7 of 2002 s. 28.]

7. Wardens

(1) The Commissioner of Police may appoint wardens to perform —

(a) duties relating to the controlling of vehicles and pedestrians at children’s crossings and pedestrian crossings;

(b) duties relating to the parking and standing of vehicles;

(c) duties of such other nature relating to the traffic regulation provisions of this Act as the Minister administering the Police Act 1892 may from time to time approve.

(2) The Director General may appoint wardens to perform duties of such nature relating to the licensing provisions of this Act as the Minister may from time to time approve.

(3) For the purposes of the performance of the duties for which a warden was appointed under this section —

(a) the warden has such of the powers conferred by this Act on a member of the Police Force as may be prescribed; and

(b) a reference in this Act to a member of the Police Force is to be read as including a warden if the regulations so provide.

(4) A warden appointed under this section shall be issued with a certificate of appointment in the prescribed form which the warden shall carry whenever performing the duties of a warden, and shall, on reasonable demand, produce for inspection by any person.

[Section 7 inserted by No. 76 of 1996 s. 5.]

8. Access to information

(1) In this section —

“licence” means a driver’s licence or vehicle licence under this Act or a licence under the Motor Vehicle Drivers Instructors Act 1963;

“offence particulars” means particulars of any offences of which a person has been convicted whether within the State or elsewhere and whether relating to road traffic matters or any other matters, including particulars of any penalties, suspensions, cancellations or disqualifications arising from any such convictions, and also particulars of instances in which a person has paid a penalty pursuant to a traffic infringement notice under this Act and particulars of any points recorded against a person under section 103;

“permit” means a permit under section 48C or a permit under the Motor Vehicle Drivers Instructors Act 1963;

“supply” includes provide or allow access at all times to.

(2) The Director General is to supply the Commissioner of Police with particulars of licences and permits held or granted and of the persons who hold licences or permits or to whom licences or permits have been granted.

(3) Particulars supplied to the Commissioner of Police under subsection (2) —

(a) may be used in the performance of the functions of the Commissioner of Police, whether under this Act or otherwise; and

(b) may be supplied by the Commissioner of Police to an officer, department or instrumentality of this State, another State, a Territory, the Commonwealth or another country for use in the performance of the functions of that officer, department or instrumentality.

(4) The Director General is to allow the Registrar appointed under section 7(1) of the Fines, Penalties and Infringement Notices Enforcement Act 1994 to have access to records in relation to licences for the purposes of that Act.

(5) The Commissioner of Police is to supply the Director General with such offence particulars as are known to the Commissioner of Police concerning a person who has applied for the grant of a licence or permit, or who holds a licence or permit, or to whom a licence or permit has been granted.

(6) Particulars supplied under subsection (5) may be used in the performance of the functions of the Director General under the licensing provisions of this Act.

(7) The supply of particulars under this section is to be free of charge.

[Section 8 inserted by No. 76 of 1996 s. 5; amended by No. 28 of 2001 s. 5 and 23(2).]

[Part IIA: s. 14 repealed by No. 76 of 1996 s. 5;
s. 9‑13 repealed by No. 5 of 2002 s. 15.]

Part III — Licensing of vehicles

15. Vehicle licences

(1) A vehicle licence is required for a vehicle prescribed in the regulations.

[(2)-(2a) repealed]

(3) Where a vehicle for which there is not a valid vehicle licence granted under this Act is used on any road, a responsible person for the vehicle and any person so using the vehicle or causing or permitting such use commits an offence against this Act, but —

(a) if the regulations provide that when a vehicle licence is renewed on an application made within a prescribed period after the expiry of the licence the renewal is to be regarded as having taken effect immediately after the licence expired, this subsection does not apply to the use of the vehicle within that prescribed period;

(b) it is a defence to a charge of an offence against this subsection against any person other than a responsible person for the vehicle if the accused proves that he had no knowledge that a valid vehicle licence had not been granted in respect of the vehicle; and

(c) a person shall not be convicted of an offence against this subsection if he has already been convicted, or charged and acquitted of an offence against section 4(3)(a) of the Motor Vehicle (Third Party Insurance) Act 1943, and both those offences or alleged offences were committed simultaneously.

(4) A person who is convicted of an offence against this section shall be liable to a penalty not exceeding 10 PU, and in addition, the court shall order the accused to pay a further penalty equal to the charges payable under this Act for the grant of a vehicle licence for the vehicle concerned for a period of 6 months.

(5) Any person who has committed an offence against this section for which he has not been prosecuted shall be liable to pay to the Director General the charges which he might have been ordered to pay on conviction of such offence, and such charges shall be recoverable in any court of competent jurisdiction.

(6) For the purposes of the provisions of this section a vehicle licence document or equivalent document issued in any other State or Territory of the Commonwealth for a vehicle for which each responsible person is not ordinarily resident within the State of Western Australia shall, during the currency of the licence, be deemed to be a vehicle licence document under this Act in respect of the vehicle when used on any road within the State of Western Australia.

[Section 15 amended by No. 105 of 1981 s. 19; No. 11 of 1988 s. 5 and 24; No. 13 of 1994 s. 12; No. 57 of 1995 s. 4; No. 76 of 1996 s. 20(3); No. 50 of 1997 s. 13; No. 39 of 2000 s. 7; No. 28 of 2001 s. 6 and 23(1); No. 84 of 2004 s. 80 and 82.]

[16. Repealed by No. 28 of 2001 s. 7.]

17. Applications for grant, renewal and transfer of vehicle licences

(1) An owner of a vehicle may apply for the grant, renewal or transfer of a licence for a vehicle by —

(a) submitting an application in a form approved by the Director General; and

(b) paying the amount of —

(i) any fee or charge that would be required by section 19; and

(ii) the stamp duty, and any penalty tax, payable under the Stamp Act 1921 on the grant or transfer of the licence.

(1a) On the payment of —

(a) a sum ordered under section 24(3) to be paid; or

(b) a sum specified under section 102(2a) in a traffic infringement notice,

an application for a transfer under subsection (1) is to be taken to have been made, and the payment is to be taken to have been a payment under subsection (1)(b).

(2) Upon an application under subsection (1), the Director General shall, subject to the regulations, issue, renew or transfer a licence for a vehicle if —

(a) the vehicle meets the prescribed standards and requirements and is otherwise fit for the purpose for which the licence is required;

(b) in the case of an application by an individual, the applicant has attained any minimum age prescribed by regulations under section 111(2)(i) and provided any proof of age and identity required by those regulations;

(c) the applicant has complied with any applicable provisions of the Stamp Act 1921 relating to the grant or transfer of motor vehicles;

(d) the Director General is satisfied that —

(i) the vehicle is kept primarily in this State; or

(ii) the vehicle is not kept primarily in any State or Territory;

and

(e) the applicant would not be prevented by or under the law of another State or a Territory from holding a licence for, or being registered in respect of, the vehicle.

(3) A vehicle cannot be licensed in the name of more than one person at a particular time.

(4) Any one of 2 or more owners may apply for the grant or transfer of a licence and the application is to be signed by each of them.

(5) An application under subsection (4) is to be regarded as notice of the nomination of the applicant for the purposes of section 5(4).

(6) Nothing in this section authorises or permits the Director General to grant or renew a vehicle licence contrary to any provision of the Motor Vehicle (Third Party Insurance) Act 1943 or any other provision of this Act or the regulations.

(7) The Director General shall refund any amount paid by a person in connection with —

(a) an application under this section that is refused; or

(b) an application for the transfer of a licence upon which the licence is not transferred but cancelled.

[Section 17 inserted by No. 39 of 2000 s. 9 (as amended by No. 45 of 2002 s. 28(2)); amended by No. 28 of 2001 s. 8 and 23(1).]

18. Regulations for the grant and renewal of vehicle licences

(1) The regulations may provide for the grant or renewal of a vehicle licence by the Director General to the extent that a matter is not provided for in section 17.

(2) Without limiting subsection (1), the regulations may —

(a) fix the periods for which a vehicle licence may be granted or renewed;

(b) fix the period, whether before or after the expiry of a licence, within which the licence may be renewed;

(c) if the regulations enable a licence to be renewed after its expiry, provide that renewal within a specified period after the expiry continues the licence, except that the licence is to be regarded as having been suspended on and from the day of its expiry to the day before the renewal; and

(d) provide for 3 or more vehicle licences held by the same person to expire on the same day.

[Section 18 inserted No. 28 of 2001 s. 9.]

19. Fees or charges for vehicle licences

(1) The prescribed recording fee shall be paid to the Director General for the grant or renewal of any licence for a vehicle (other than under Part IV), irrespective of whether the whole or any part of a vehicle licence charge is also payable for the grant or renewal of the licence.

(2) The prescribed transfer fee shall be paid to the Director General for effecting the transfer of any licence for a vehicle.

(3) Subject to any exemption, reduction, refund or deferral provided for in the regulations, the appropriate charge prescribed in the regulations shall be paid to the Director General for granting or renewing any licence for a vehicle.

[(3a)‑(16b) repealed]

(17) Where a vehicle licence has been granted by the Director General without the payment of a vehicle licence charge, or upon the payment of a reduced vehicle licence charge, subject to conditions specified in the licence or in this Act or subject to the ownership or use of the vehicle, under the provisions of this Act, and the conditions are not observed or the ownership is changed to that of some person who would not be entitled to a licence granted, or the vehicle is put to some use that would not occasion the licence to be granted without payment of a vehicle licence charge or at a reduced vehicle licence charge, then, unless, or until the vehicle licence charge, or the difference between the vehicle licence charge and the reduced vehicle licence charge, has been paid in respect of that vehicle licence, every person using that vehicle on a road contravenes the provisions of section 15.

(18) Where a vehicle licence is granted pursuant to the provisions of this Act and the fees or charges paid in respect of the licence are subsequently found to be either in excess of or less than the fees or charges which are properly payable in respect of the licence, the Director General —

(a) shall forthwith upon demand refund the amount of the excess to the person to whom the licence was granted;

(b) may recover the deficiency in a court of competent jurisdiction from the person to whom the licence was granted, if that person fails to pay the deficiency to the Director General within 7 days after the amount of the deficiency has been demanded in writing from him.

[Section 19 amended by No. 93 of 1975 s. 5; No. 135 of 1976 s. 2; No. 89 of 1978 s. 4; No. 9 of 1979 s. 6; No. 10 of 1979 s. 3; No. 42 of 1980 s. 3; No. 81 of 1980 s. 3; No. 105 of 1981 s. 19; No. 10 of 1982 s. 28; No. 25 of 1982 s. 12; No. 60 of 1982 s. 3; No. 95 of 1984 s. 2; No. 78 of 1986 s. 5; No. 21 of 1995 s. 6; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 10, 23(2) and 24.]

20. Licence obtained by means of a dishonoured cheque void

(1) Where the fees or charges for the grant or renewal of a vehicle licence are paid by a cheque which is not honoured by the financial institution on which it is drawn, the licence is void as from the time of grant or renewal as the case may be.

(2) The person to whom a licence referred to in subsection (1) is granted shall, on demand made by or on behalf of the Director General, forthwith deliver the licence and the number plates relating to that licence to the Director General.

(3) Where the person to whom the licence is granted —

(a) fails so to deliver the licence or the number plates; or

(b) after the demand uses or continues to use or allows any other person to use the licence or the number plates relating to that licence,

he commits an offence.

Penalty: For a first offence, 2 PU.

For a subsequent offence, 6 PU.

[Section 20 amended by No. 105 of 1981 s. 19; No. 11 of 1988 s. 24; No. 78 of 1995 s. 147; No. 76 of 1996 s. 20(3); No. 24 of 2000 s. 39(1) and 55; No. 28 of 2001 s. 11, 23(1) and (2).]

[21. Repealed by No. 21 of 1995 s. 7.]

22. Certain fees to be credited to Main Roads Trust Fund

(1) The Director General shall, on or before the 15th day of the month next following that in which it receives them, credit to the Consolidated Account, all vehicle licence charges.

(2) All recording fees paid to the Director General may be retained by the Director General.

[(3) repealed]

(4) All fees taken pursuant to the regulations on the grant of a permit for the carrying on a vehicle of a load exceeding a prescribed load, shall be credited to the Consolidated Account.

(5) An amount equal to the amounts credited to the Consolidated Account under subsections (1) and (4) shall be —

(a) credited to the Main Roads Trust Fund maintained under the Main Roads Act 1930; and

(b) charged to the Consolidated Account,

and this subsection appropriates the Consolidated Account accordingly.

[Section 22 amended by No. 105 of 1981 s. 19; No. 25 of 1982 s. 13; No. 6 of 1993 s. 6; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 12 and 23(1); No. 77 of 2006 s. 4.]

[23. Repealed by No. 39 of 2000 s. 11.]

23A. Cancellation of vehicle licence in certain circumstances

(1) The Director General may cancel the licence in respect of any vehicle where —

(a) the proper fees and charges have not been paid;

(b) the vehicle does not meet the prescribed standards and requirements;

(c) a responsible person for the vehicle has failed to present it for inspection when so directed by the Director General pursuant to the provisions of this Act; or

(d) the licence for the vehicle is surrendered in accordance with section 28A of the Motor Vehicle Dealers Act 1973.

(2) The Director General may, in circumstances described in subsection (1), suspend the licence in respect of a vehicle until the circumstances giving rise to the suspension are remedied.

[Section 23A inserted by No. 89 of 1978 s. 5; amended by No. 105 of 1981 s. 19; No. 76 of 1996 s. 20(3); No. 39 of 2000 s. 12; No. 28 of 2001 s. 13; No. 4 of 2002 s. 72.]

24. Transfer of vehicle licences

(1) Where a person to whom a licence in respect of a vehicle has been granted ceases to be the owner of the vehicle, he shall —

(a) within 7 days after ceasing to be the owner, give notice in writing to the Director General of the name and address of the new owner of the vehicle; and

(b) if the licence had been obtained without the payment of a vehicle licence charge or upon the payment of a reduced vehicle licence charge and unless the provisions of section 19(17) have been complied with, within 7 days after ceasing to be the owner, return the licence and the appropriate number plates to the Director General.

(2) A person who becomes the owner of a vehicle in respect of which a licence has been granted shall, within 14 days after becoming the owner, give notice in writing to the Director General of that fact.

(2a) As soon as practicable after receiving notice under subsection (1)(a) or (2), or otherwise, of a change in the ownership of a vehicle in respect of which a licence has been granted —

(a) if the Director General reasonably suspects that the vehicle does not meet a prescribed standard or requirement relating to the security of the vehicle, the Director General may issue to the new owner a notice requiring that the vehicle be modified so that it does meet the prescribed standard or requirement; or

(b) if the Director General is satisfied that the licence may be transferred under section 17(2) and no application has been made under section 17(1), the Director General may issue to the new owner a notice requiring that an application for the transfer of the licence be made under section 17.

(2b) In subsection (2a) —

“new owner”, in relation to a vehicle, means a person who, according to the notice received by the Director General, has become a new owner of the vehicle and, if there is more than one such person, each or any of them.

(2c) If a vehicle has not been modified in accordance with a notice issued under subsection (2a)(a) within 28 days after the notice is issued, or any longer period that the Director General allows, the Director General shall cancel the licence in respect of the vehicle.

(2d) A person to whom a notice is issued under subsection (2a)(b) commits an offence if an application for the transfer of the licence for the vehicle is not made within 28 days after the notice is issued, or any longer period that the Director General allows, unless it can be shown that —

(a) the person did not agree to becoming an owner of the vehicle and has notified the Director General in writing accordingly;

(b) another person has been nominated for the purposes of section 5(4);

(c) there is more than one owner of the vehicle and there is good reason why a person was not nominated under section 5(4); or

(d) there was some other good reason why the application for the transfer of the licence was not made.

(3) The court convicting a person of an offence against subsection (2d) shall, whether imposing a penalty or not, order the person to pay the sum of —

(a) the prescribed transfer fee; and

(b) the amount payable under the Stamp Act 1921 in respect of the transfer of the licence.

(4) The other subsections of this section do not apply if a person to whom a licence in respect of a vehicle has been granted dies, and in that case the Director General shall on an application under section 17, if any, by the executor or administrator of the estate of that person endorse on the licence the transfer of the licence to that executor or administrator.

[Section 24 amended by No. 105 of 1981 s. 19; No. 11 of 1988 s. 19; No. 21 of 1995 s. 8; No. 57 of 1995 s. 6; No. 76 of 1996 s. 20(3); No. 24 of 1999 s. 9; No. 39 of 2000 s. 13; No. 28 of 2001 s. 23(2) and 24; No. 45 of 2002 s. 27.]

24A. Requirement to make declaration on applying for grant or transfer of vehicle licence

(1) Regulations may require an applicant for the grant or transfer of a licence in respect of a vehicle to declare in writing that the vehicle meets any prescribed standard or requirement relating to the security of vehicles that applies to that vehicle.

(2) If the applicant does not comply with a requirement of regulations made for the purposes of subsection (1), it may be taken for the purposes of section 17(2)(a) that the vehicle concerned does not meet the prescribed standard or requirement.

[Section 24A inserted by No. 52 of 1998 s. 4; amended by No. 39 of 2000 s. 14.]

24B. Change of nominated owner

(1) If a person is the owner of a vehicle as the result of a nomination for the purposes of section 5(4), the person may apply to the Director General, in a form approved by the Director General, to cancel the nomination.

(2) The application is to include a statement, signed by each person who would be an owner if there had been no nomination, to the effect that they agree to another of them being the owner of the vehicle for the purposes of this Act.

(3) If the Director General approves the application and the applicant pays the prescribed fee, if any —

(a) the current nomination ceases to have effect;

(b) the statement under subsection (2) is to be treated as being a nomination for the purposes of section 5(4); and

(c) the Director General is to vary the licence by changing the name of the person to whom the licence is granted in accordance with the application.

[Section 24B inserted by No. 39 of 2000 s. 15; amended by No. 28 of 2001 s. 23(2).]

25. Review

(1) An application for review may be made to the State Administrative Tribunal in any case where an application for the grant, renewal, transfer, or variation of a licence under this Part is refused, or where a licence is cancelled or suspended under section 23A.

[(2) repealed]

[Section 25 amended by No. 39 of 2000 s. 16(1); No. 28 of 2001 s. 14, 23(1); No. 55 of 2004 s. 1062.]

26. Permits, etc., for unlicensed vehicles

(1) The Director General may, on payment of the prescribed fee, grant to a person a permit authorising, subject to such conditions as the Director General may impose, the driving of an unlicensed vehicle or the towing of an unlicensed vehicle —

(a) to or from any place at which the Director General grants vehicle licences or examines vehicles in connection with the granting of vehicle licences or to or from any place at which the vehicle is to be or has been repaired; or

(b) for such other purposes as may be prescribed or approved by the Director General.

(2) The Director General may, on payment of the prescribed fee, assign and issue to a person of a prescribed class number plates which may be used, subject to such conditions as may be prescribed, on any unlicensed motor vehicle.

(2a) Without limiting any power conferred upon him to make regulations under this Act, the Governor may make regulations prescribing —

(a) a fee to be paid from time to time for the use and possession of number plates issued under subsection (2);

(b) a deposit to be paid on the issue of, and in respect of, such number plates, and the circumstances in which that deposit shall be forfeited or refunded; and

(c) as a condition referred to in subsection (2) and subsection (3)(b), the use of an unlicensed motor vehicle in such circumstances or for such purposes as the Director General may, in any particular case, approve.

(3) Where an unlicensed motor vehicle is used on a road —

(a) under the authority of a permit granted under subsection (1) and in accordance with such conditions, if any, as may have been imposed at the time of the grant of the permit; or

(b) with number plates issued pursuant to subsection (2) and in accordance with such conditions as may be prescribed relating to the use of those plates and of vehicles to which they may be attached,

the use of the vehicle shall be lawful notwithstanding any provision of section 15 to the contrary.

(4) Where an unlicensed motor vehicle for which a permit has been granted under subsection (1) is driven or towed otherwise than in accordance with any condition imposed under that subsection, the Director General may cancel the permit by notice in writing under subsection (5).

(5) A notice in writing referred to in subsection (4) —

(a) shall be signed by a person authorised so to do by the Director General;

(b) shall be served on the person to whom the permit was granted; and

[Section 26 amended by No. 71 of 1979 s. 4; No. 81 of 1980 s. 4; No. 105 of 1981 s. 10 and 19; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 23(1) and (2).]

27. Register of vehicle licences

(1) The Director General shall keep a register of vehicle licences, and enter therein particulars of every vehicle licence granted, and shall upon the grant or renewal of any vehicle licence issue to the applicant a registration label evidencing the grant of the licence.

(2) A registration label is valid only while the vehicle licence in respect of which it is granted is valid.

(3) The licence holder of a licensed vehicle —

(a) shall within 21 days after the issue or renewal of the vehicle licence affix to the vehicle; and

(b) shall at all times whilst the vehicle licence remains valid keep affixed to the vehicle,

the registration label issued to him under this section by such means, in such manner, and in or on such place in the vehicle as may be prescribed.

[Section 27 amended by No. 105 of 1981 s. 19; No. 76 of 1996 s. 20(3); No. 24 of 2000 s. 39(2); No. 39 of 2000 s. 17; No. 28 of 2001 s. 23(1) and (2).]

27A. Effect of disqualification

(1) Where a licence suspension order is made under the Fines, Penalties and Infringement Notices Enforcement Act 1994 in respect of a person, a licence held by that person in respect of a vehicle specified in the order or in respect of any vehicle (as the order directs), shall by force of this section be suspended so long as the licence suspension order continues in force and during that period shall be of no effect.

(2) Subsection (1) shall not operate to extend the period for which a vehicle licence may be valid or effective beyond the expiration of the period for which the licence was expressed to be granted or renewed.

(3) A vehicle licence obtained by a person who is disqualified from holding or obtaining a vehicle licence shall be of no effect.

[Section 27A inserted by No. 92 of 1994 s. 35; amended by No. 28 of 2001 s. 23(2).]

28. Classification of vehicle licences

Notwithstanding any other provision of this Part, the Governor may make regulations prescribing classes of vehicle licences and by those regulations —

(a) designate the kind or kinds of vehicle to which any class of licence is to apply;

(b) permit licences of any particular class to be granted for a limited period or limited periods; and

(c) empower the Director General to impose limitations on the use of a vehicle for which a particular class of licence is granted.

[Section 28 amended by No. 105 of 1981 s. 19; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 23(2).]

28A. Fees may be amended by regulation

[(1) repealed]

(2) Where regulations made under section 19(3) are amended or replaced, the regulations as in force immediately before the commencement day of the amending or replacing regulations shall continue to apply in relation to —

(a) the grant of a vehicle licence if that licence is granted before the specified day; and

(b) the renewal of a vehicle licence if, in accordance with regulations made under section 18, that renewal has effect, or is deemed to have effect, on and from a day that precedes the specified day.

(3) In this section —

“commencement day” in relation to regulations, means the day from which, pursuant to section 41 of the Interpretation Act 1984, those regulations take effect and have the force of law;

“specified day”, in relation to regulations, means the day prescribed therein as the specified day for the purposes of this section, being a day not less than 30 days after the commencement day of those regulations.

[Section 28A inserted by No. 10 of 1979 s. 4; amended by No. 28 of 2001 s. 15.]

29. Minister may require vehicles to be inspected

(1) The Minister may, by notice published in the Government Gazette, prohibit the grant, renewal or transfer of any vehicle licence, in respect of a vehicle unless and until the vehicle has been examined and a certificate of inspection has been issued pursuant to this Act that the vehicle meets the prescribed standards and requirements and that the vehicle is fit for the purpose for which the licence is desired.

(2) The Minister may, in a notice under subsection (1), declare that the provisions of the notice —

(a) apply in respect of vehicles generally or in respect of vehicles of a class specified in the notice;

(b) apply throughout the State or in a part of the State specified in the notice;

[Section 29 inserted by No. 71 of 1979 s. 5; amended by No. 76 of 1996 s. 6; No. 28 of 2001 s. 23(1).]

Part IV — Overseas motor vehicles when temporarily in Australia

30. Application of this Part

(1) This Part applies to any motor vehicle which is imported for temporary use in the Commonwealth from any country outside the Commonwealth and is —

(a) landed in this State direct from that country; or

(b) brought to this State from any other State or a Territory of the Commonwealth.

(2) The provisions of this Part do not affect the other provisions of this Act or the provisions of the regulations made under this Act except to the extent expressly provided.

[Section 30 amended by No. 57 of 1997 s. 106(1).]

31. When owner of overseas vehicle entitled to free licence

Where a motor vehicle to which this Part applies and which is owned by a person who is not a permanent resident of any State or Territory of the Commonwealth is landed in this State direct from any country outside the Commonwealth, the owner of the vehicle is entitled, on application to the Director General and subject to the provisions of sections 34 and 35, to be granted a vehicle licence for that vehicle without payment of the vehicle licence charge, for a period not exceeding 12 months calculated from the date when the vehicle was landed in this State, if it appears to the Director General that there are in force —

(a) a vehicle licence or registration effected in relation to that vehicle under the law of the country of which the owner is a permanent resident; and

(b) a contract of insurance with respect to the vehicle as provided in section 4 of the Motor Vehicle (Third Party Insurance) Act 1943,

but the period for which the Director General grants a licence under this section shall not extend beyond the date of the expiry of the licence or registration effected under the law of that country nor beyond the date of the expiry of the contract of insurance.

[Section 31 amended by No. 105 of 1981 s. 19; No. 21 of 1995 s. 9; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 16, 23(3) and 24.]

32. Licence granted in another State valid in this State

For the purpose of this Part a licence granted or a registration effected by any licensing or registering authority of another State or Territory of the Commonwealth in respect of a vehicle to which this Part applies is, during the currency of the licence or registration and so long as a contract of insurance with respect to that vehicle as provided in section 3(4), or in section 4, of the Motor Vehicle (Third Party Insurance) Act 1943 is in force, to be regarded as a vehicle licence under this Act in respect of the vehicle when it is used on any road within the State.

[Section 32 amended by No. 28 of 2001 s. 23(2).]

33. When free licence may be extended free of charge

Where a licence granted without payment of the vehicle licence charge under section 31, or a licence granted, or a registration effected, free of charge by any licensing or registering authority of another State or a Territory of the Commonwealth, in respect of a motor vehicle to which this Part applies, expires, the owner of the vehicle is, if the vehicle is being used in this State, on application to the Director General and subject to the provisions of sections 34 and 35, entitled to an extension or a renewal of the licence or registration by the Director General without payment of the vehicle licence charge for a period not extending beyond the period of 12 months from the date on which the vehicle was landed in the Commonwealth, if it appears to the Director General that there are in force —

(a) a vehicle licence or registration effected in respect of that vehicle under the law of the country of which the owner is a permanent resident; and

(b) a contract of insurance with respect to the vehicle as provided in section 3(4), or in section 4, of the Motor Vehicle (Third Party Insurance) Act 1943,

but the period for which the Director General extends or renews the licence or registration under this section is not to extend beyond the date of the expiry of the licence or registration, as the case may be, effected under the law of that country nor beyond the date of the expiry of the contract of insurance.

[Section 33 amended by No. 105 of 1981 s. 19; No. 21 of 1995 s. 9; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 23(2) and 24.]

34. Owner to furnish evidence of guarantee that vehicle will be taken out of Australia before free licence or extension of licence granted

The owner of the vehicle is not entitled to be granted a licence for the vehicle without payment of the vehicle licence charge under section 31 or to an extension or renewal of the licence or registration without payment of the vehicle licence charge under section 33, unless he produces for inspection by the Director General a document representing a valid Triptyque or Carnet de passages en douane relating to the vehicle, or such other documentary evidence as the Director General requires establishing that the owner has given to the Customs Department of the Commonwealth Government a guarantee that the vehicle is to be subsequently taken out of Australia.

[Section 34 amended by No. 105 of 1981 s. 19; No. 21 of 1995 s. 9; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 23(3) and 24.]

35. No licence to be granted or extended unless requirements regarding construction, etc., of vehicles complied with

The Director General shall not grant, extend or renew a licence in respect of a motor vehicle to which this Part applies, notwithstanding the provisions of section 31 or 33, unless it appears to a licensing officer of the Director General that the provisions of this Act relating to the construction, appliances, lamps and other equipment of motor vehicles have been complied with in regard to that motor vehicle.

[Section 35 amended by No. 105 of 1981 s. 19; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 17.]

36. Free licence or renewal ceases to be valid when owner becomes, or transfers vehicle to, permanent resident

When the owner of a vehicle to which this Part applies and in respect of which a vehicle licence is granted, extended or renewed without payment of the vehicle licence fee under this Part becomes, or transfers the vehicle to, a permanent resident of the Commonwealth of Australia, the licence so granted, extended or renewed becomes invalid.

[Section 36 amended by No. 21 of 1995 s. 9; No. 28 of 2001 s. 23(2).]

37. When provisions of Act apply as though this Part was not enacted

Where the owner of a vehicle to which this Part applies is not entitled to be granted with a licence for the vehicle without payment of the vehicle licence charge under section 31, or to an extension or renewal of the licence without payment of the vehicle licence charge under section 33, or where a licence granted without payment of the vehicle licence charge in respect of a vehicle to which this Part applies becomes invalid as provided by section 36, the vehicle may be licensed in accordance with the provisions of this Act as though this Part was not enacted.

[Section 37 amended by No. 21 of 1995 s. 9; No. 28 of 2001 s. 23(2) and 24.]

38. Registration label to be issued with each licence or renewal of licence

(1) Where, under the provisions of this Part, a licence for a vehicle shall or may be granted, extended or renewed without payment of the vehicle licence charge the Director General shall, when granting, extending or renewing a licence, issue to the owner of the vehicle a registration label, without further payment, which shall have effect for the duration of the licence in respect of which it is granted.

(2) The owner of the vehicle shall, so long as the licence in respect of which it is granted remains in force, affix and keep affixed to the vehicle the registration label issued to him under this section by such means and in such manner as is prescribed in regard to ordinary registration labels.

[Section 38 amended by No. 105 of 1981 s. 19; No. 21 of 1995 s. 9; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 23(2) and 24.]

39. Number plates on overseas vehicles

(1) Where a motor vehicle, to which this Part applies and which is owned by a person who is not a permanent resident of any State or Territory of the Commonwealth, when landed in or brought to this State, is equipped with one or more number plates in accordance with the law of the country, or the States or Territory of the Commonwealth from which it was so landed or brought, those number plates are to be regarded, so long as the vehicle licence under this Act remains or is regarded to be in force and the vehicle is being used temporarily within the Commonwealth, as number plates issued under this Act.

(2) Where the vehicle is not so equipped or where the number plate is so mutilated that any material part is obscured, obliterated or indistinct, the Director General shall, on payment of the prescribed charge, issue to the person a temporary plate or plates which he shall affix to the vehicle in the manner prescribed and which are to be regarded, so long as a vehicle licence or registration under this Act remains in force in respect of the vehicle and the vehicle is being used temporarily within the Commonwealth, as a number plate or plates issued under this Act.

[Section 39 amended by No. 105 of 1981 s. 19; No. 76 of 1996 s. 20(3).]

40. Regulations

The Governor may make such regulations as may be necessary or convenient for carrying out or giving effect to the provisions of this Part and, without limiting the generality of the foregoing, by such regulations may —

(a) prescribe the particulars to be stated in any application made under section 31 or 33;

(b) prescribe the type of temporary number plates to be issued by the Director General, the charge for temporary number plates and the conditions of their use, and provide for their surrender before the vehicles in respect of which they are issued are taken out of Australia;

(c) provide for the issue by the Director General at a prescribed charge of plates displaying the words “Left‑Hand Drive” in letters at least 50 millimetres high to owners of vehicles to which this Part applies and which have the steering apparatus on the left‑hand side of the vehicle;

(d) prescribe the charge for those plates;

(e) prescribe the conditions under which “Left‑Hand Drive” vehicles to which this Part applies may be used on any road in this State;

(f) prescribe the nature and kind of information and particulars owners of vehicles to which this Part applies are to give the Director General at any specified time or from time to time;

(g) authorise the licensing under this Part and the use in this State of vehicles to which this Part applies notwithstanding that any regulations relating to the construction, appliances, lamps and other equipment have not been complied with; and

(h) require every vehicle to which this Part applies and in respect of which any regulations referred to in paragraph (g) have not been complied with to be converted so as to comply with those regulations when the owner becomes, or the vehicle is transferred to, a permanent resident of the Commonwealth.

[Section 40 amended by No. 105 of 1981 s. 19; No. 76 of 1996 s. 20(3).]

41. Transport Co‑ordination Act 1966 not affected

The provisions of this Part do not affect any of the provisions of the Transport Co‑ordination Act 1966.

Part IVA — Licensing of drivers

[Heading inserted by No. 76 of 1996 s. 7.]

42. Licensing of drivers

(1) An application for a driver’s licence shall be lodged with the Director General in a form approved by the Director General and shall specify the class of motor vehicle for which the appropriate licence is sought.

(2) Subject to the succeeding provisions of this Part, the Director General shall, on the application of any person, on payment of the prescribed fee and on being satisfied that the applicant —

(a) has attained the minimum age of 17 years, or, in relation to a particular class of motor vehicle, any other age prescribed in the regulations for the purposes of this section, unless in the opinion of the Director General the denial of a licence to a person of a lesser age would occasion undue hardship;

(b) has, if under the age of 18 years, obtained the consent in writing of a parent or guardian to hold the class of licence applied for, or, where the applicant has no parent or guardian in the State, of his employer, to hold the class of licence applied for if considered essential for the purposes of his employment;

(c) has demonstrated his ability to control the class of motor vehicle for which the appropriate driver’s licence is sought and satisfied any other requirements prescribed by the regulations; and

(d) has a reasonable knowledge of the traffic laws of the State and of safe driving techniques,

grant to the applicant a driver’s licence appropriate to the class of vehicle for which it is sought.

(3) The Director General may —

(a) in satisfaction of the requirement under subsection (2)(c) that the applicant demonstrate an ability to control the class of vehicle for which the licence is sought, accept evidence other than that obtained from a driving test;

(b) in a particular case, waive any requirements prescribed by the regulations; and

(c) in satisfaction of any requirement imposed by or under subsection (2)(c), accept evidence from a body authorised by the Director General for that purpose.

(4) Regulations may require the holder of a driver’s licence to submit, as required by the regulations, to a medical practitioner approved by the Director General for examination as to the person’s mental or physical fitness to drive.

[(5), (6) repealed]

(7) The Director General shall not grant a driver’s licence to a person mentioned in section 51(2), (3) or (3a), until that person has again complied with the requirements of subsection (2), and shall then grant the licence on probation only, unless the person has then —

(a) attained the age of 19 years; and

(b) been the holder of a valid driver’s licence granted on probation for a period of, or periods amounting in the aggregate to, 2 years.

(8) The Director General shall not grant a driver’s licence to a person whose licence has been cancelled by force of section 75(2a) or (2b) until that person has again complied with the requirements of subsection (2).

[Section 42 amended by No. 89 of 1978 s. 7; No. 42 of 1980 s. 5; No. 105 of 1981 s. 19; No. 95 of 1984 s. 3; No. 57 of 1988 s. 4; No. 76 of 1996 s. 8 and 20(3); No. 39 of 2000 s. 18; No. 28 of 2001 s. 23(1) and (2).]

42A. Form of licence

(1) A driver’s licence shall be in such form as the Director General may approve.

(2) The Director General may approve different forms of drivers’ licences for different circumstances or for different provisions of this Act.

(3) A form of driver’s licence approved by the Director General is to allow for the inclusion in the licence of a photograph of the face of, and signature of, the holder of the licence.

[Section 42A inserted by No. 57 of 1988 s. 5; amended by No. 76 of 1996 s. 20(3); No. 50 of 1997 s. 13; No. 39 of 2000 s. 19.]

42B. Additional matters relating to identity

(1) The Director General cannot grant or renew a driver’s licence until the applicant has provided, in support of the application, such evidence as is required by the regulations to establish the identity and residential address in this State of the applicant.

(2) Except as prescribed in the regulations, the Director General cannot grant or renew a driver’s licence unless the applicant has, at the time of the application or before, provided the Director General with —

(a) a photograph for use on the driver’s licence, taken within 5 years of the application; and

(b) a signature for use on the driver’s licence, made within 5 years of the application.

(3) The photograph and signature are to be provided in a manner and form approved by the Director General.

(4) The Director General is to ensure that any photograph or signature provided under this section is destroyed if it, or a copy of it, has not been used on a driver’s licence in the preceding 5 years.

(5) A person who, other than for the purposes of this Part, possesses a photograph or signature provided under this section that is not on a driver’s licence commits an offence.

Penalty: Imprisonment for 2 years.

(6) A person employed or engaged in connection with any aspect of the production of driver’s licences or otherwise concerned in the administration of this Part, who, otherwise than in the administration of this Part —

(a) reproduces, by any means, a photograph or signature that appears, or is to appear, in a licence; or

(b) causes or permits another person to do so,

commits an offence.

Penalty: Imprisonment for 2 years.

(7) In this section —

“destroyed” includes damaged so as to be unusable;

“photograph” includes a negative or an image stored electronically.

[Section 42B inserted by No. 39 of 2000 s. 20; amended by No. 28 of 2001 s. 23(1).]

43. Regulations classifying vehicles, drivers, etc.

(1) The Governor may make regulations —

(a) classifying motor vehicles for the purposes of this Part;

(aa) excluding from the authority given by a licence the authority to drive for a purpose or in a manner set out in the regulations unless the licence is expressly endorsed to confer that authority, whether by reference to classes of endorsement described in the regulations or otherwise;

(ab) prescribing classes of conditions or limitations to which a licence may be made subject by endorsing the licence with a reference to that class instead of setting out the conditions or limitations in full;

(b) prescribing the minimum ages, subject to section 42, of persons —

(i) to whom a driver’s licence or permit appropriate to a particular description of motor vehicle may be issued; or

(ii) whose driver’s licences may be endorsed under paragraph (aa);

(c) requiring that an applicant for a driver’s licence or permit for specified classes of motor vehicle be the holder for a prescribed period of a driver’s licence for such other class or classes of motor vehicle as is or are, respectively, specified in the regulations;

(d) providing for transitional provisions in relation to the grant of drivers’ licences where the Director General has approved a new form of licence under section 42A, including provision for the surrender of existing licences and the grant of licences in a new form in place of existing licences; and

(e) providing for what is to be authorised by a licence held by a person who, before an amendment to the regulations, held a licence that operated by reference to a vehicle classification that no longer exists and, where anything that was formerly authorised by the licence ceases to be authorised, making provision to facilitate the obtaining by the person of a licence that authorises that thing.

[(2) repealed]

[Section 43 amended by No. 89 of 1978 s. 8; No. 11 of 1988 s. 6; No. 57 of 1988 s. 6; No. 76 of 1996 s. 20(3); No. 39 of 2000 s. 21; No. 28 of 2001 s. 23(1).]

44. Conditional drivers’ licences

(1) Where an applicant for a driver’s licence —

(a) is, in the opinion of the Director General, incapable, by reason of any physical disability, of properly driving or controlling a motor vehicle but the incapacity can be overcome by the wearing of suitable aids or the fitting to the motor vehicle of suitable appliances;

(aa) is unable to comply with the requirement of section 42(2)(c) but, in the opinion of the Director General —

(i) the applicant is capable of controlling the class of motor vehicle for which the driver’s licence is sought under certain conditions or subject to certain limitations; and

(ii) the denial of a driver’s licence would occasion undue hardship or inconvenience;

(b) is unable to comply with any of the requirements, not being the requirement of section 42(2)(c), and the denial of a driver’s licence would, in the opinion of the Director General occasion undue hardship or inconvenience; or

(c) should not, in the opinion of the Director General, drive a motor vehicle, except subject to conditions or limitations,

the Director General may grant a driver’s licence subject to such conditions or limitations as the Director General thinks fit to impose, and those conditions or limitations shall be endorsed on the driver’s licence.

(1a) Where the Director General is of the opinion described in subsection (1)(a) in relation to the holder of a driver’s licence, the Director General may at any time during the currency of the licence, or upon a renewal thereof endorse such conditions or limitations as the Director General thinks fit on the licence whether by adding any new condition or limitation or amending an existing condition or limitation.

(1b) The Director General may at any time by notice in writing given to the holder of a licence revoke any condition or limitation endorsed on the licence under this section.

(1c) The Director General may, by notice in writing given to the holder of a licence, request him to produce the licence to the Director General for endorsement under subsection (1a) at a place, specified in the notice, and a person to whom such a notice is duly given shall comply with it as soon as is practicable.

(2) Every person who, being the holder of a driver’s licence endorsed with conditions or limitations pursuant to this section, fails to comply with those conditions or limitations, or any of them, commits an offence.

Penalty: For a first offence, 6 PU.

For a subsequent offence, 12 PU.

(3) For the purposes of this section a condition or limitation is to be taken to be endorsed on a driver’s licence if —

(a) notice of the condition or limitation is served on the applicant for or the holder of the licence; and

(b) a prescribed notation is endorsed on the licence to show that the licence is subject to conditions or limitations set out in a notice under paragraph (a).

[Section 44 amended by No. 81 of 1980 s. 5; No. 105 of 1981 s. 19; No. 11 of 1988 s. 24; No. 32 of 1988 s. 4; No. 57 of 1988 s. 7; No. 78 of 1995 s. 147; No. 76 of 1996 s. 20(1) and (3); No. 50 of 1997 s. 13; No. 39 of 2000 s. 22; No. 28 of 2001 s. 23(1).]

45. Drivers’ licences to be granted on probation

(1) Every driver’s licence that is granted to a person who —

(a) has not previously held a driver’s licence under this Act and has not, during a period of 2 years or more, been authorised to drive a motor vehicle under the law in force in another State or country or in a Territory;

[(b) repealed]

(c) being, or having been, the holder of a driver’s licence granted on probation, has not been the holder of a valid driver’s licence so granted for a period of, or for periods amounting in the aggregate to, 2 years; or

(d) is under the age of 19 years,

shall be granted on probation only, and the licence shall be endorsed to that effect, in the prescribed manner.

(1a) A driver’s licence that is granted on probation only on and after the coming into operation of section 9 of the Road Traffic Act Amendment Act 1978 1 is valid only for a period of 2 years commencing from the date it is granted and may be renewed, subject to and in accordance with the provisions of this Act.

(2) For the purposes of this section, a person is not the holder of a driver’s licence for any period during which the licence is cancelled or suspended or during any period of its invalidity.

(3) Where a person satisfies the Director General that he has, under the law in force in any other State or in a Territory or other country, been authorised to drive a motor vehicle for a period of, or for periods amounting in the aggregate to, less than 2 years, he is deemed, for the purposes of subsection (1)(c) and subsection (4), to have been the holder of a driver’s licence granted on probation during that period or those periods and the period or periods shall be taken into account, accordingly.

(4) For the purposes of this Act a driver’s licence granted on probation shall be deemed to be an unrestricted licence if and when the holder of the licence has —

(a) attained the age of 19 years; and

(b) been the holder of a valid driver’s licence granted on probation for a period of, or periods amounting in the aggregate to, 2 years.

[(5) repealed]

(6) The provisions of subsection (4) shall have effect in relation to a driver’s licence notwithstanding the terms of any endorsement made on that licence for the purpose of this section.

[Section 45 amended by No. 17 of 1976 s. 3; No. 89 of 1978 s. 9; No. 105 of 1981 s. 19; No. 95 of 1984 s. 4; No. 11 of 1988 s. 7; No. 13 of 1992 s. 5; No. 76 of 1996 s. 20(3); No. 39 of 2000 s. 23; No. 51 of 2000 s. 13; No. 28 of 2001 s. 23(2) and (4).]

46. Renewal of drivers’ licences

(1) Subject to this Act, a driver’s licence —

(a) may be granted to have effect for a period that is prescribed or provided for in the regulations, being a period commencing on the day it is granted;

(b) may be renewed from time to time to have effect for a period that is prescribed or provided for in the regulations, being a period commencing on the day of the renewal.

(1a) An application for renewal under subsection (1)(b) shall be made by the holder of the licence, in a form approved by the Director General, within one month before or within 12 months after the expiry of the licence.

(2) Where a driver’s licence is not renewed prior to its expiry but within a period of 12 months thereafter, the renewal has the effect of validating the licence for the balance of the period for which the renewal would have had effect had it been effected prior to the expiry only, but where the holder has, within 15 days after the expiry, given to the Director General notice of his intention not to renew the licence and thereafter renews it within 12 months after its expiry, the renewal has effect on and from the day on which it is effected.

(3) Where the renewal of a driver’s licence is not effected within 12 months after its expiry, the Director General may require an applicant for renewal to satisfy the Director General of all or any of the requirements, provided by section 42(2).

[Section 46 amended by No. 71 of 1979 s. 6; No. 42 of 1980 s. 6; No. 105 of 1981 s. 19; No. 95 of 1984 s. 5; No. 57 of 1988 s. 8; No. 76 of 1996 s. 20(1) and (3); No. 39 of 2000 s. 24; No. 28 of 2001 s. 23(2) and (4).]

47. Fees for drivers’ licences and renewals of drivers’ licences

(1) There shall be payable on the grant, and renewal, of a driver’s licence such fee as is prescribed.

(2) The provisions of section 20 apply, with such adaptation as may be necessary, where the fee payable for the grant or renewal of a driver’s licence is paid by a cheque.

[Section 47 inserted by No. 76 of 1996 s. 9; amended by No. 28 of 2001 s. 23(1).]

48. Power of Director General to refuse, cancel and suspend drivers’ licences

(1) The Director General may refuse to grant a driver’s licence, or may cancel, suspend or refuse to renew a driver’s licence, where the Director General has reason to believe that the applicant for, or the holder of, a driver’s licence —

(a) is not of good character;

(b) is addicted to alcohol or drugs to such extent as to render him a danger to the public when in control of a motor vehicle on a road;

(c) suffers from a mental disorder or physical disability that is likely to impair his ability to control a motor vehicle;

(d) is debarred from driving a motor vehicle under the law in force in any other State or in a Territory or other country;

(e) should not, by reason of the number or nature of his convictions for offences under this Act or the regulations, be the holder of a driver’s licence;

(f) is no longer capable of controlling the class of motor vehicle for which he holds the appropriate driver’s licence.

(1a) Where the Director General has reason to believe that the holder of a driver’s licence —

(a) suffers from a mental disorder or physical disability that is likely to impair his ability to control a motor vehicle except under certain conditions or subject to certain limitations; or

(b) is no longer capable, except under certain conditions or subject to certain limitations, of controlling the class of motor vehicle for which he holds the appropriate driver’s licence,

and that to refuse to renew that licence would occasion undue hardship or inconvenience the Director General may renew the licence subject to such conditions as the Director General thinks fit to impose and those conditions shall be endorsed on the driver’s licence.

(2) Without limiting the operation of subsection (1), where the Director General suspects that grounds may exist for the suspension or cancellation of a driver’s licence on any one or more of the grounds specified in that subsection, the Director General may, by notice served on the person who is the holder of that driver’s licence, require him to satisfy the Director General within such reasonable period as is specified in the notice that the Director General would not be empowered to so suspend or cancel his driver’s licence on that ground or those grounds, as the case requires, and where the person fails to so satisfy the Director General within that period or within such further period as the Director General may allow, the Director General may suspend the driver’s licence held by that person until the Director General becomes so satisfied.

(3) Without affecting any penalty to which the holder may be liable, the Director General may cancel or suspend the operation of, and refuse to renew, a driver’s licence, where —

(a) the holder of the licence obtained its grant by fraud or misrepresentation or in a manner contrary to the provisions of this Act; or

(b) the licence being endorsed, pursuant to section 44, the holder of the licence has failed to comply with any conditions so endorsed.

(4) Where the Director General decides to exercise the power conferred by subsection (1), (1a), (2) or (3), as the case may be, the Director General shall give to the person thereby affected notice in writing of that decision, setting out the Director General’s reasons therefor, and a person aggrieved by the decision may apply to the State Administrative Tribunal for a review of the decision.

[(5), (6) repealed]

(7) Subject to subsection (1a), the Director General shall not renew a driver’s licence in the case of a licence holder aged 75 years or more, unless the licence holder satisfies the Director General, at the prescribed intervals that he is able to comply with the requirements of section 42(2)(c).

(8) Where, under subsection (1a) or pursuant to an order made after an application to the State Administrative Tribunal, a licence is granted subject to limitations or conditions, the provisions of section 44(2) apply, as though the licence were granted pursuant to that section.

(9) For the purposes of this section a condition or limitation is endorsed on a driver’s licence if —

(a) notice of the condition or limitation is served on the applicant for or the holder of the licence; and

(b) the condition or limitation is set out on the licence or a notation appears on the licence referring to the fact that the licence is subject to any condition or limitation.

(10) In this section —

(a) a reference to refusing to grant a driver’s licence includes a reference to refusing to endorse the licence under section 43(1)(aa);

(b) a reference to cancelling or suspending a driver’s licence includes a reference to cancelling or suspending an endorsement on the licence under section 43(1)(aa);

(c) a reference to refusing to renew a driver’s licence includes a reference to refusing to renew the licence as previously endorsed under section 43(1)(aa).

(11) Both the Commissioner of Police and the Director General have a right to be heard in proceedings in relation to an application under this section.

[Section 48 amended by No. 71 of 1979 s. 7; No. 81 of 1980 s. 7; No. 105 of 1981 s. 19; No. 82 of 1982 s. 6; No. 32 of 1988 s. 5; No. 57 of 1988 s. 10; No. 76 of 1996 s. 20(1) and (3); No. 39 of 2000 s. 25; No. 28 of 2001 s. 23(1) and (2); No. 10 of 2004 s. 5; No. 55 of 2004 s. 1063.]

48A. Forfeited licence to be delivered up

(1) When any driver’s licence granted to a person is cancelled or suspended or a person who is the holder of a driver’s licence is disqualified from holding or obtaining a driver’s licence, the person shall, on demand made by an authorised person, deliver the licence to the authorised person.

(2) In subsection (1) —

“authorised person” means —

(a) the Director General;

(b) any person authorised by the Director General for the purposes of this section; or

[Section 48A inserted by No. 76 of 1996 s. 10; amended by No. 28 of 2001 s. 23(2).]

48B. Issue of duplicate licence

(1) Whenever a driver’s licence is lost or destroyed, a duplicate or certified copy of it shall, on payment of the prescribed fee, be issued by the Director General, and shall serve and be available in lieu of the original.

(2) In subsection (1) —

“duplicate” includes any form of licence approved by the Director General under section 42A.

[Section 48B inserted by No. 76 of 1996 s. 10; amended by No. 39 of 2000 s. 26.]

48C. Learners’ permits

(1) The Director General may, subject to such conditions as the Director General sees fit to impose, grant a permit authorising a person who has attained the prescribed age, to drive a motor vehicle of the class specified in the permit in the course of driving instruction by —

(a) a holder of a licence under the Motor Vehicle Drivers Instructors Act 1963; or

(b) any other person prescribed in the regulations.

(1a) The Director General may, in a particular case, grant a permit under this section to a person who has not attained the prescribed age if the denial of the permit would, in the opinion of the Director General, occasion undue hardship or inconvenience.

(1b) In subsection (1) —

“prescribed age” means the age of 16 years or, in relation to a particular description of motor vehicle, any other age prescribed in the regulations for the purposes of this section.

(2) The Director General shall cause a permit granted under this section to be endorsed with any conditions to which its grant is subject.

(3) Subject to section 75(2) a permit granted under this section is valid for a period of 12 months from the date it is granted unless it is sooner cancelled.

(4) The Director General may, at any time, by notice in writing given to the holder, cancel a permit granted under this section.

(5) Where the Director General causes a person applying for a driver’s licence to undergo a driving test for the purposes of satisfying the Director General of the applicant’s ability to control the class of motor vehicle for which the driver’s licence is sought, the applicant is authorised to drive a motor vehicle during the conduct of the test as if the applicant were at that time the holder of the appropriate driver’s licence.

[Section 48C inserted by No. 76 of 1996 s. 10; amended by No. 39 of 2000 s. 27; No. 28 of 2001 s. 18, 23(1), (2) and (4).]

48D. Drivers’ licences granted overseas

(1) Subject to section 50A(2), where a person, who is not a permanent resident of any State or Territory and who is not disqualified from holding or obtaining a licence to drive a motor vehicle under this Act, is temporarily in this State and holds —

(a) a licence to drive a motor vehicle;

(b) the equivalent of a licence to drive a motor vehicle; or

granted in the country of which the person is a permanent resident, that licence, equivalent of a licence, or permit is to be regarded as a driver’s licence granted under this Act authorising the person to drive in this State any vehicle of the type or class to which the licence, equivalent of a licence, or permit is applicable until —

(d) the expiration of one year after the holder’s arrival in this State;

(e) the licence, equivalent of a licence, or permit expires; or

(f) the authority to drive is withdrawn by notice served pursuant to subsection (2),

whichever first occurs.

(2) Where, in the opinion of the Director General, a person referred to in subsection (1) —

(a) suffers from mental or physical disability likely to affect the person’s ability to drive a motor vehicle efficiently, having regard to the safety of the public generally;

(b) is otherwise unfit to drive a motor vehicle, or, having regard to the safety of the public generally, it is not desirable that the person should be permitted to drive a motor vehicle; or

the Director General may at any time by notice in writing served on the person, withdraw the authority conferred by subsection (1).

[Section 48D inserted by No. 76 of 1996 s. 10; amended by No. 28 of 2001 s. 23(2).]

48E. Drivers’ licences granted elsewhere in Australia

(1) Subject to section 50A(2) where a person usually resident in another State or a Territory —

(a) is temporarily within this State;

(b) holds a licence or permit to drive a vehicle, granted pursuant to the laws of the State or Territory in which the person usually resides;

(d) is not otherwise disqualified from holding or obtaining a driver’s licence in this State,

the licence or permit shall authorise the person to drive in this State any vehicle of the type or class to the driving of which the licence or permit is applicable until —

(e) the expiration of one year after the holder’s arrival in this State;

(f) the licence or permit expires; or

(g) the authority to drive is withdrawn by notice served pursuant to subsection (2),

whichever first occurs.

(2) Where, in the opinion of the Director General, a person referred to in subsection (1) —

(a) suffers from mental or physical disability likely to affect the person’s ability to drive a motor vehicle efficiently, having regard to the safety of the public generally;

(b) is otherwise unfit to drive a motor vehicle, or, having regard to the safety of the public generally, it is not desirable that the person should be permitted to drive a motor vehicle; or

the Director General may at any time by notice in writing served on the person, withdraw the authority conferred by subsection (1).

[Section 48E inserted by No. 76 of 1996 s. 10; amended by No. 28 of 2001 s. 23(2).]

48F. Persons taking up residence

A person who —

(a) enters this State with the intention of permanently residing here; and

(b) but for that intention would be authorised to drive a motor vehicle pursuant to section 48D or 48E,

shall be taken to be similarly authorised as if the person were temporarily within this State, but for that purpose the reference to one year in section 48D(1)(d) or in section 48E(1)(e) shall be construed as a reference to 3 months.

[Section 48F inserted by No. 76 of 1996 s. 10.]

Part V — Regulation of traffic

[Heading inserted by No. 76 of 1996 s. 11.]

Division 1 — Driving of vehicles: general offences

[Heading inserted by No. 10 of 2004 s. 6.]

49. Offence of driving motor vehicle without appropriate driver’s licence

(1) Subject to this section and to sections 48C to 48F, every person who —

(a) drives a motor vehicle of a class for which he is not the holder of the appropriate, valid driver’s licence; or

(b) employs, or permits, some other person to drive a motor vehicle of a class for which that other person is not the holder of the appropriate, valid driver’s licence,

on a road, commits an offence.

Penalty: For a first offence, 6 PU.

For a subsequent offence, 12 PU.

(1a) A person who drives a motor vehicle for a purpose or in a manner set out in regulations under section 43(1)(aa) without the authority to do so conferred by an endorsement on the licence under that section is not the holder of an appropriate, valid driver’s licence.

(2) Where —

(a) a person —

(i) having applied for a driver’s licence and having been refused the grant of the licence under section 48;

(ii) having held a driver’s licence that is cancelled under section 48 or of which the operation is suspended under that section;

(iii) having been disqualified from holding or obtaining a driver’s licence, other than under a licence suspension order referred to in subparagraph (iv); or

(iv) having been disqualified from holding or obtaining a driver’s licence under a licence suspension order made under section 19 or 43 of the Fines, Penalties and Infringement Notices Enforcement Act 1994,

commits, whilst still legally disentitled to hold a driver’s licence, an offence against subsection (1)(a); or

(b) a person in respect of whom an order is made under section 76(3) commits an offence against subsection (1)(a) before a licence has been granted pursuant to that order or when any licence so granted has expired and has not been renewed,

the person may be arrested without warrant by a member of the Police Force and is liable, instead of to the penalties provided by subsection (1), to those provided by subsection (3).

(2a) In subsection (2)(a), a reference to anything done under section 48 does not include anything for the review of which an application has been made to the State Administrative Tribunal if the application has not been determined when the offence is committed.

(3) A person convicted of an offence against this section committed in any of the circumstances mentioned in subsection (2) is liable —

(a) if the offence is committed in the circumstances mentioned in subsection (2)(a)(i), (ii) or (iii) or (2)(b) —

(i) for a first offence, to a fine of not less than 8 PU or more than 40 PU and imprisonment for not more than 12 months;

(ii) for a subsequent offence, to a fine of not less than 20 PU or more than 80 PU and imprisonment for not more than 18 months;

(b) if the offence is committed in the circumstances mentioned in subsection (2)(a)(iv), to a fine of not less than 4 PU or more than 30 PU and imprisonment for not more than 12 months.

(3a) A court convicting a person of an offence committed in the circumstances mentioned in subsection (2)(a)(i), (ii), (iii) or (2)(b) shall order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 9 months and not more than 3 years.

(3b) A court convicting a person of an offence committed in the circumstances mentioned in subsection (2)(a)(iv), but not in the circumstances mentioned in subsection (2)(a)(i), (ii) or (iii) or (2)(b), may order that the person be disqualified from holding or obtaining a driver’s licence for a period of not more than 3 years.

(3c) A period of disqualification ordered under subsection (3a) or (3b) is cumulative upon any other period of disqualification to which the person may then be subject or upon any period for which the operation of the person’s driver’s licence may currently be suspended.

(4) Regulations may except a prescribed vehicle from the application of subsection (1) when it is being driven by a person with a physical disability.

[Section 49 amended by No. 48 of 1976 s. 3; No. 105 of 1981 s. 19; No. 11 of 1988 s. 8, 20 and 24; No. 78 of 1995 s. 147; No. 76 of 1996 s. 20(1); No. 50 of 1997 s. 13; No. 24 of 2000 s. 39(3); No. 39 of 2000 s. 28; No. 51 of 2000 s. 14; No. 28 of 2001 s. 19, 23(1) and (2); No. 55 of 2004 s. 1064.]

49A. Cautioning drivers who drive when driver’s licence is suspended for non‑payment of fine, etc.

(1) In this section —

“suspended driver” means a person who has been disqualified from holding or obtaining a driver’s licence under a licence suspension order made under section 19 or 43 of the Fines, Penalties and Infringement Notices Enforcement Act 1994.

(2) If a police officer could charge a person who is a suspended driver with an offence under section 49(1) committed in the circumstances referred to in section 49(2)(a)(iv) and suspects on reasonable grounds —

(a) that the person does not know that he or she is a suspended driver; and

(b) that the person has not been cautioned previously under this section since the making of the relevant licence suspension order,

the police officer —

(d) may instead issue a caution to the person.

(3) The caution must be in a prescribed form.

(4) If it is impracticable for the suspended driver to cease driving at the time the caution is issued, the caution must include a permit for the suspended driver to drive by the shortest practicable route from the place where the caution is issued to a place specified in the permit.

(5) It is a defence to a charge under section 49(1) to prove that the accused was driving in accordance with a permit included in a caution issued under this section.

[Section 49A inserted by No. 51 of 2000 s. 15; amended by No. 84 of 2004 s. 82.]

50. Unauthorised driving by learner drivers

The holder of a permit granted under section 48C(1) shall not drive a motor vehicle except in conformity with any conditions endorsed on the permit under section 48C(2) and unless accompanied by a driving instructor with whom the holder is authorised to drive pursuant to section 48C(1) seated beside the holder or, in the case of a permit to drive a motor cycle, riding in a side car attached, or on a pillion seat fitted, to the motor cycle or riding on an accompanying motor cycle.

Penalty: 6 PU.

[Section 50 inserted by No. 76 of 1996 s. 12; amended by No. 50 of 1997 s. 13; No. 28 of 2001 s. 23(2).]

50A. Unauthorised driving by drivers from outside the State

(1) A person referred to in section 48D(1) or 48E(1) shall —

(a) while driving a motor vehicle upon any road pursuant to the authority conferred by section 48D(1) or 48E(1), carry the licence, equivalent of a licence, or permit, as the case may be; and

(b) produce the licence, equivalent of a licence, or permit, as the case may be, for inspection at the request of any member of the Police Force.

(2) A person referred to in section 48D(1) or 48E(1) who, being the holder of a licence, equivalent of a licence, or permit that is endorsed with or otherwise subject to conditions that can lawfully be complied with in this State, fails to comply with those conditions, or any of them, commits an offence.

Penalty: For a first offence, 8 PU.

For a subsequent offence, 16 PU.

[Section 50A inserted by No. 76 of 1996 s. 12; amended by No. 50 of 1997 s. 13.]

51. Cancellation of drivers’ licences granted on probation

(1) Where the holder of a driver’s licence granted on probation —

(a) is convicted of an offence —

(i) mentioned in section 277 of The Criminal Code and the offence arose out of the driving by him of a motor vehicle;

(ii) under section 378 of The Criminal Code where the property in question was a motor vehicle;

(iii) under section 53(1), section 54, 55, 56, 59, 59A, 61, 62, 62A, 64AA, 64A, 64AC, 89, 90 or 97; or

(iv) under any regulation that may be prescribed for the purposes of this section;

(b) is disqualified by a court pursuant to the provisions of this or any other Act (other than the Fines, Penalties and Infringement Notices Enforcement Act 1994), from holding or obtaining a driver’s licence,

then, that licence is, by operation of this subsection, cancelled.

(2) A person whose driver’s licence is cancelled by operation of subsection (1) is disqualified from holding or obtaining a driver’s licence —

(a) for any period for which he is so disqualified by the court; or

(b) for a period of 3 months from the date of his conviction or, where he is convicted on more than one occasion of an offence mentioned in subsection (1), from the date of his latest conviction,

whichever period terminates later.

(3) Where a person who is the holder of a driver’s licence granted on probation is disqualified by operation of section 103 from holding or obtaining a driver’s licence —

(a) the licence held by that person is, by operation of this subsection, cancelled; and

(b) that person is disqualified from holding or obtaining a driver’s licence for a period of 3 months.

(4) Where a person who is the holder of a driver’s licence issued on probation is disqualified from holding or obtaining a driver’s licence by a licence suspension order made under the Fines, Penalties and Infringement Notices Enforcement Act 1994, then that licence is, by operation of this subsection, suspended so long as the disqualification continues in force and during the period of suspension the licence is of no effect, but the provisions of this subsection do not operate so as to extend the period for which the licence may be valid or effective beyond the expiration of the period for which the licence was expressed to be issued or renewed.

(5) Subsection (5a) applies to a person who does not hold a driver’s licence under this Act and who, under this Act, could not be granted a driver’s licence except on probation.

(5a) Where a person to whom this subsection applies is —

(a) convicted of an offence such as is mentioned in subsection (1) or an offence against section 49(1)(a); or

(b) disqualified by a court from holding or obtaining a driver’s licence,

that person is disqualified from holding or obtaining a licence —

(d) for a period of 3 months from the date of his conviction or, where he is convicted on more than one occasion of an offence referred to in paragraph (a), from the date of his latest conviction,

whichever period terminates later.

(5b) For the purposes of subsection (5), a person is not the holder of a driver’s licence for any period during which the licence is cancelled or suspended or during any period of its invalidity.

(6) Regulations made for the purpose of subsection (1)(a)(iv) may limit the application of that subsection to offences against the regulations that are attended by prescribed circumstances.

[Section 51 amended by No. 105 of 1981 s. 19; No. 82 of 1982 s. 7; No. 11 of 1988 s. 10; No. 37 of 1991 s. 21; No. 13 of 1992 s. 6; No. 92 of 1994 s. 36; No. 76 of 1996 s. 13; No. 39 of 2000 s. 29; No. 51 of 2000 s. 16; No. 28 of 2001 s. 23(2) and (3); No. 10 of 2004 s. 7; No. 44 of 2004 s. 4; No. 6 of 2007 s. 4.]

[52. Repealed by No. 76 of 1996 s. 14.]

53. Driver failing to give name and address to member of the Police Force, failing to stop, etc.

(1) Any driver of a vehicle who —

(a) when required by a member of the Police Force to state his name and place of abode refuses to do so, or states a false name or place of abode; or

(b) refuses or fails to stop his vehicle when called upon to do so by a member of the Police Force,

commits an offence.

Penalty: For a first offence, 6 PU.

For a subsequent offence, 12 PU.

(2) Any driver of a vehicle who, when required by any member of the Police Force, does not produce his driver’s licence on demand, commits an offence against this Act and shall be liable to a penalty not exceeding 4 PU, but it shall not be an offence if the driver subsequently produces the licence, within a reasonable time after demand, to the Director General or to the officer‑in‑charge of any police station.

(3) Any person who was present at the scene of any accident in which a vehicle was involved, and who, in the opinion of a member of the Police Force, may be able to give information or evidence in relation to the accident, shall, if requested so to do by the member of the Police Force, furnish to him particulars of his name and place of abode, and if the person refuses to furnish any of those particulars when requested so to do, or furnishes particulars of his name or place of abode which are false or untrue in any respect he shall be guilty of an offence.

Penalty: 4 PU.

(4) Where a member of the Police Force has reasonable grounds for believing that a person has committed an offence against this Act, he may require that person to furnish him with particulars of his name and place of abode, and a person who, when so required, refuses to furnish those particulars or furnishes particulars which are false or untrue in any respect commits an offence.

Penalty: For a first offence, 6 PU.

For a subsequent offence, 12 PU.

[Section 53 amended by No. 105 of 1981 s. 19; No. 11 of 1988 s. 24; No. 78 of 1995 s. 147; No. 76 of 1996 s. 20(3); No. 50 of 1997 s. 13.]

54. Duty to stop in case of accident, etc.

(1) Where in the course of the use of any vehicle, an accident occurs whereby any person is injured or any property is damaged, the driver or person in charge of the vehicle shall unless himself disabled from doing so stop immediately after the occurrence of the accident, and, if required, shall produce his licence and give his name and address, and also if it is in his power to do so the name and address of a responsible person for the vehicle, to any person who has been injured or whose property has been damaged, or to a member of the Police Force, or to any person representing a person who has been injured or the owner of any property which has been damaged.

Penalty: 30 PU; and, if the offence relates to an accident whereby a person was injured, the court may in addition impose an additional fine of not more than 50 PU or a sentence of imprisonment for a term not exceeding 12 months, or both the fine and the imprisonment.

[(2), (3) repealed]

(4) In any proceedings in respect of any offence against subsection (1) of which the failing to stop immediately after the occurrence of any accident is an element, it is a defence for the person charged to prove that he was not aware of the occurrence of the accident to which the alleged offence relates.

(5) If in the opinion of the court an offence against subsection (1) is of a serious nature the court may make an order disqualifying the offender from holding or obtaining a driver’s licence for such period as it thinks fit.

(6) In addition to the obligations set out in subsection (1) it shall be the duty of any person, who in the course of using a vehicle on a road or in any place commonly used by the public or to which the public is permitted to have access has caused injury to another person, to render such person all such assistance as may be necessary or practicable under the circumstances, including the obtaining of medical aid, and any person who refuses or neglects to render such assistance and obtain such aid shall be guilty of an offence against this Act.

Penalty: 30 PU; and, if in the opinion of the court the offender has shown a callous disregard for the injured person, the court may in addition impose an additional fine of not more that 50 PU or a sentence of imprisonment for a term not exceeding 12 months, or both the fine and the imprisonment.

[Section 54 amended by No. 105 of 1981 s. 19; No. 82 of 1982 s. 8; No. 11 of 1988 s. 21; No. 50 of 1997 s. 13; No. 39 of 2000 s. 30.]

55. Duty to report accident

(1) Where, in the course of the use of any vehicle on a road, an accident occurs whereby damage is caused to any property the driver or person in charge of the vehicle shall (unless disabled by personal injury himself) report the accident forthwith to the officer in charge of the nearest police station unless the driver or person in charge of the vehicle has reasonable cause for believing that the damage so caused does not exceed, in the aggregate, an amount of $1 000 and the owner, in each case, of any property damaged is, then or immediately thereafter, present or represented at the place where the accident occurred.

Penalty: For a first offence, 8 PU.

For a subsequent offence, 16 PU.

(2) It shall be sufficient compliance with subsection (1) if a member of the Police Force attends at the scene of the accident and takes the necessary particulars of the accident.

[Section 55 amended by No. 71 of 1979 s. 8; No. 105 of 1981 s. 11 and 19; No. 11 of 1988 s. 11 and 24; No. 50 of 1997 s. 13.]

56. Duty to report accident whereby bodily injury is caused

(1) Where, in the course of the use of any vehicle on a road or in any place commonly used by the public or to which the public is permitted to have access, an accident occurs whereby bodily injury is caused to any person the driver or person in charge of the vehicle shall (unless disabled by personal injury himself) report the accident forthwith to the officer in charge of the nearest police station.

Penalty: For a first offence, 16 PU and, for any subsequent offence 32 PU or imprisonment for 12 months; and, in any event, the court convicting a person of a subsequent offence shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 12 months.

(2) It shall be sufficient compliance with subsection (1) if a member of the Police Force attends at the scene of the accident and takes the necessary particulars of the accident.

[Section 56 amended by No. 105 of 1981 s. 19; No. 11 of 1988 s. 24; No. 78 of 1995 s. 147; No. 50 of 1997 s. 13.]

57. Duty of owner to identify driver of vehicle involved in accident

(1) Where the use of a motor vehicle has occasioned, or been an immediate or proximate cause of, the death of a person or bodily harm to a person, a responsible person for the vehicle and any person to whom the possession or control of the vehicle was entrusted shall, if required by a member of the Police Force, give any information which it is in his power to give which may lead to the identification of the person who was driving or who was in charge or control of the vehicle at the time when the use of the vehicle occasioned or was an immediate or proximate cause of the death or bodily harm.

Penalty: 60 PU or imprisonment for 12 months.

(2) In this section the term “bodily harm” has the same meaning as is given thereto in The Criminal Code.

[Section 57 amended by No. 105 of 1981 s. 19; No. 11 of 1988 s. 24; No. 50 of 1997 s. 13; No. 39 of 2000 s. 31.]

58. Duty to identify offending driver or person in charge of vehicle

(1) A responsible person for a vehicle commits an offence if —

(a) an offence against any written law is alleged to have occurred of which the driving or being in charge of the vehicle is an element;

(b) a member of the Police Force requests the responsible person to give information which may lead to the identification of the driver or person in charge of the vehicle at the time of the alleged offence;

(d) the responsible person fails to give the information.

Penalty: For a first offence by an individual, 24 PU.
For a subsequent offence by an individual, 48 PU.
For an offence by a person other than an individual, 100 PU.

(2) A responsible person for a vehicle commits an offence if —

(a) an offence against any written law is alleged to have occurred of which the driving or being in charge of the vehicle is an element;

Penalty: For a first offence by an individual, 24 PU.
For a subsequent offence by an individual, 48 PU.
For an offence by a person other than an individual, 100 PU.

(3) In subsections (1) and (2) —

“responsible person” includes a person to whom the possession or control of the vehicle was entrusted at the time of the alleged offence referred to in subsection (1)(a) or (2)(a), as the case may be.

(4) Subsection (1) does not apply if the request for information was made in a notice under section 102C.

(5) If a person is charged with an offence against subsection (1) the person may be convicted of an offence against section 58A.

[Section 58 inserted by No. 39 of 2000 s. 32 (as amended by No. 84 of 2004 s. 80).]

58A. Duty to take reasonable measures to be able to comply with a driver identity request

(1) In this section —

“driver identity request” means a request made under this Act for information as to the identity of the person who was driving or in charge of a vehicle at any particular time.

(2) A responsible person for a vehicle commits an offence if the responsible person fails to take reasonable measures, or make reasonable arrangements, to ensure that if a driver identity request is made in relation to the vehicle, the responsible person will be able to comply with it.

Penalty: For a first offence by an individual, 24 PU.
For a subsequent offence by an individual, 48 PU.
For an offence by a person other than an individual, 100 PU.

[Section 58A inserted by No. 39 of 2000 s. 32.]

59. Dangerous driving causing death, injury, etc.

(1) If a motor vehicle driven by a person (the “driver”) is involved in an incident occasioning the death of, or grievous bodily harm to, another person and the driver was, at the time of the incident, driving the motor vehicle —

(a) while under the influence of alcohol, drugs, or alcohol and drugs to such an extent as to be incapable of having proper control of the vehicle; or

(b) in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or to any person,

the driver commits a crime and is liable to the penalty in subsection (3).

Summary conviction penalty: imprisonment for 18 months or a fine of 160 PU and in any event the court convicting the person shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 2 years.

(2) For the purposes of this section —

[(a) deleted]

(b) it is immaterial that the death or grievous bodily harm might have been avoided by proper precaution on the part of a person other than the person charged or might have been prevented by proper care or treatment;

(c) when an incident occasions grievous bodily harm to a person and that person receives surgical or medical treatment, and death results either from the harm or the treatment, the incident is deemed to have occasioned the death of that person, although the immediate cause of death was the surgical or medical treatment if the treatment was reasonably proper in the circumstances and was applied in good faith; and

(d) the term “grievous bodily harm” has the same meaning as is given thereto in The Criminal Code.

(3) A person convicted on indictment of an offence against this section is liable —

(a) if the offence is against subsection (1)(a), or the offence is against subsection (1)(b) and is committed in circumstances of aggravation, to a fine of any amount and to imprisonment for —

(i) 20 years, if the person has caused the death of another person; or

(ii) 14 years, if the person has caused grievous bodily harm to another person; or

(b) in any other circumstances, to imprisonment for 4 years or a fine of 400 PU,

and, in any event, the court convicting that person shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 2 years.

(4) On the summary trial of a person charged with an offence against this section the person may, instead of being convicted of that offence, be convicted of an offence against section 59A, 61 or 62.

[Section 59 amended by No. 89 of 1978 s. 12; No. 82 of 1982 s. 9; No. 11 of 1988 s. 24; No. 37 of 1991 s. 6(2); No. 1 of 1992 s. 6; No. 50 of 1997 s. 13; No. 4 of 2004 s. 58; No. 44 of 2004 s. 5.]

59A. Dangerous driving causing bodily harm

(1) If a motor vehicle driven by a person (the “driver”) is involved in an incident occasioning bodily harm to another person and the driver was, at the time of the incident, driving the motor vehicle —

(a) while under the influence of alcohol, drugs, or alcohol and drugs to such an extent as to be incapable of having proper control of the vehicle; or

(b) in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or to any person,

the driver commits an offence.

(2) For the purposes of this section —

[(a) deleted]

(b) it is immaterial that the bodily harm might have been avoided by proper precaution on the part of a person other than the person charged or might have been prevented by proper care or treatment;

(3) Subject to subsection (3a), a person convicted of an offence against subsection (1) is liable —

(a) for a first offence, to a fine of 80 PU or to imprisonment for 9 months; and, in any event, the court convicting that person shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 12 months;

(b) for a second or subsequent offence, to a fine of 160 PU or to imprisonment for 18 months; and, in any event, the court convicting that person shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 18 months.

(3a) In the case of an offence under subsection (1)(a), or an offence under subsection (1)(b) committed in circumstances of aggravation, the offence is a crime and a person convicted of it is liable to a fine of any amount and imprisonment for 7 years and in any event the court convicting the person shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 2 years.

(4) A person charged with an offence against this section may, instead of being convicted of that offence, be convicted of an offence against section 61 or 62.

[Section 59A inserted by No. 89 of 1978 s. 13; amended by No. 82 of 1982 s. 10; No. 11 of 1988 s. 24; No. 50 of 1997 s. 13; No. 50 of 2003 s. 92(2); No. 44 of 2004 s. 6.]

59B. Section 59 and 59A offences: ancillary matters and defence

(1) For the purposes of sections 59 and 59A, the circumstances in which a motor vehicle is involved in an incident occasioning the death of, or grievous bodily harm or bodily harm to, a person include those in which the death or harm is occasioned through —

(a) the motor vehicle overturning or leaving a road while the person is being conveyed in or on the motor vehicle (whether as a passenger or otherwise);

(b) the person falling from the motor vehicle while being conveyed in or on it (whether as a passenger or otherwise);

(c) an impact between any object or thing and the motor vehicle while the person is being conveyed in or on the motor vehicle (whether as a passenger or otherwise);

(d) an impact between the person and the motor vehicle;

(e) an impact of the motor vehicle with another vehicle or an object or thing in, on or near which the person is at the time of impact;

(f) an impact with any object on or attached to the motor vehicle; or

(g) an impact with any object that is in motion through falling from the motor vehicle.

(2) For the purposes of sections 59 and 59A, a motor vehicle is also involved in an incident occasioning the death of, or grievous bodily harm or bodily harm to, a person if the death or harm is occasioned through the motor vehicle —

(a) causing an impact between other vehicles or between another vehicle and any object, thing or person;

(b) causing another vehicle to overturn or leave a road; or

(3) For the purposes of sections 59 and 59A a person commits an offence in “circumstances of aggravation” if at the time of the alleged offence —

(a) the person was unlawfully driving the vehicle concerned without the consent of the owner or person in charge of the vehicle;

(b) the person was driving the vehicle concerned on a road at a speed that exceeded, by more than 45 km/h, the speed limit (if any) applicable to that length of road; or

(4) For the purposes of subsection (3)(c) it does not matter whether the pursuit was still proceeding, or had been suspended or terminated, at the time of the alleged offence.

(5) In any proceeding for an offence against section 59 or 59A a person who had at the time of the alleged offence a percentage of alcohol in his blood of or exceeding 0.15% shall be deemed to have been under the influence of alcohol to such an extent as to be incapable of having proper control of a motor vehicle at the time of the alleged offence.

(6) In any proceeding for an offence against section 59 or 59A it is a defence for the person charged to prove that the death, grievous bodily harm or bodily harm occasioned by the incident was not in any way attributable (as relevant) —

(a) to the fact that the person charged was under the influence of alcohol, drugs, or alcohol and drugs; or

(b) to the manner (which expression includes speed) in which the motor vehicle was driven.

[Section 59B inserted by No. 44 of 2004 s. 7.]

60. Reckless driving

(1) Every person who wilfully drives a motor vehicle in a manner (which expression includes speed) that is inherently dangerous or that is, having regard to all the circumstances of the case, dangerous to the public or to any person commits an offence.

(1a) A person who drives a motor vehicle at a speed of 155 km/h or more commits an offence.

(1b) A person who drives a motor vehicle at a speed exceeding the speed limit set under this Act for that vehicle or the place where the driving occurs by 45 km/h or more commits an offence.

(1c) Despite subsections (1a) and (1b), the driver of a motor vehicle is not guilty of an offence under those subsections if —

(a) either —

(i) the motor vehicle is being used to convey a member of the Police Force on official duty and the travelling at such speed is necessary to prevent the commission or continuation of an offence or to apprehend an offender or to assist a driver excused under subparagraphs (ii), (iii) or (iv);

(ii) the driver is on official duty responding to a fire or fire alarm;

(iii) the driver is on official duty responding to an emergency or rescue operation where it is reasonable to assume that human life is likely to be in danger; or

(iv) the motor vehicle is an ambulance and is being used to answer an urgent call or to convey a person to a place for the provision of urgent medical treatment;

(b) the driver is taking reasonable care; and

(c) the vehicle is displaying a blue or red flashing light or sounding an alarm unless, in the circumstances, it is reasonable for a light not to be displayed or an alarm not to be sounded.

(2) A person charged with an offence against this section may, instead of being convicted of that offence, be convicted of an offence against section 61 or 62.

(3) A person convicted of an offence against this section is liable —

(a) for a first offence, to a fine of 20 PU or to imprisonment for 9 months; and, in any event, the court convicting that person shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 6 months;

(b) for a second offence, to a fine of 24 PU or to imprisonment for 9 months; and, in any event, the court convicting that person shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 12 months; and

(c) for a third or subsequent offence, to a fine of 48 PU or to imprisonment for 12 months; and, in any event, the court convicting that person shall order that he be permanently disqualified from holding or obtaining a driver’s licence.

(4) For the purposes of subsection (3), where a person is convicted of an offence against this section any offence previously committed by him against section 31 of the repealed Act shall be taken into account and be deemed to have been an offence against this section (but not to the exclusion of any other previous offence against this section) in determining whether that first‑mentioned offence is a first, second, third or subsequent offence.

[Section 60 amended by No. 11 of 1988 s. 24; No. 78 of 1995 s. 147; No. 50 of 1997 s. 13; No. 50 of 2003 s. 92(2); No. 10 of 2004 s. 8.]

61. Dangerous driving

(1) Every person who drives a motor vehicle in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or to any person commits an offence.

(2) A person charged with an offence against this section may, instead of being convicted of that offence, be convicted of an offence against section 62.

(3) A person convicted of an offence against this section is liable —

(a) for a first offence, to a fine of 16 PU; and

(b) for any subsequent offence, to a fine of 40 PU or to imprisonment for 9 months; and, in any event, the court convicting that person shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 12 months.

(4) For the purposes of subsection (3), where a person is convicted of an offence against this section any offence previously committed by him against section 31 or 31A of the repealed Act, or section 59 or 60 of this Act shall be taken into account and be deemed to have been an offence against this section (but not to the exclusion of any other previous offence against this section) in determining whether that first‑mentioned offence is a first or subsequent offence.

[Section 61 amended by No. 11 of 1988 s. 24; No. 78 of 1995 s. 147; No. 50 of 1997 s. 13; No. 50 of 2003 s. 92(2).]

62. Careless driving

Every person who drives a motor vehicle without due care and attention commits an offence.

Penalty: 12 PU.

[Section 62 amended by No. 11 of 1988 s. 24; No. 50 of 1997 s. 13.]

62A. Causing excessive noise, smoke

A person who wilfully drives a motor vehicle on a road or in a carpark so as to cause —

(a) excessive noise to be made with one or more of the vehicle’s tyres; or

(b) smoke to come from one or more of the vehicle’s tyres or a substance on the driving surface,

commits an offence.

Penalty: 12 PU.

[Section 62A inserted by No. 10 of 2004 s. 9.]

Division 2 — Driving of vehicles: alcohol and drug related offences

[Heading inserted by No. 10 of 2004 s. 9.]

63. Driving under the influence of alcohol, etc.

(1) A person who drives or attempts to drive a motor vehicle while under the influence of alcohol, drugs, or alcohol and drugs to such an extent as to be incapable of having proper control of the vehicle commits an offence, and the offender may be arrested without warrant.

(2) A person convicted of an offence against this section is liable —

(a) for a first offence, to a fine of not less than 16 PU or more than 50 PU; and, in any event, the court convicting that person shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 6 months;

(b) for a second offence, to a fine of not less than 30 PU or more than 70 PU or to imprisonment for 9 months; and, in any event, the court convicting that person shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 2 years; and

(c) for a third or subsequent offence, to a fine of not less than 40 PU or more than 100 PU or to imprisonment for 18 months; and, in any event, the court convicting that person shall order that he be permanently disqualified from holding or obtaining a driver’s licence.

(3) For the purposes of subsection (2), where a person is convicted of an offence against this section any offence previously committed by him against section 32 of the repealed Act or section 64AB or 67AA or section 67 as in force after the coming into operation of section 16 of the Road Traffic Amendment Act (No. 2) 1982 1 shall be taken into account and be deemed to have been an offence against this section (but not to the exclusion of any other previous offence against this section) in determining whether that first‑mentioned offence is a first, second, third or subsequent offence.

(4) The charging of a person with an offence against this section shall not limit the operation of section 66, but the person charged shall immediately be told by the person laying the charge that —

(a) he has the right to be examined by a medical practitioner nominated by him, if one is available; and

(b) he has the right to communicate with a legal practitioner and another person nominated by him,

and if he desires to exercise any of those rights, every reasonable facility to do so shall be afforded him.

(4a) The rights and requirements in subsection (4) do not apply unless the person is under arrest or otherwise in custody at the time of being charged.

(4b) The right in subsection (4)(a), and the requirements relating to it, do not apply if a sample of the person’s blood has been taken pursuant to section 66, 66B or 66E before the person is charged.

(5) In any proceeding for an offence against this section a person who had at the time of the alleged offence a percentage of alcohol in his blood of or exceeding 0.15% shall be deemed to have been under the influence of alcohol to such an extent as to be incapable of having proper control of a motor vehicle at the time of the alleged offence.

(6) A person charged with an offence against this section may, instead of being convicted of that offence, be convicted of an offence against section 64, 64AA, 64AB or 64AC or, where, at the time of the alleged offence, he was a person to whom section 64A applied, an offence against that section.

(7) In any proceedings for an offence against this section if it is alleged or appears on the evidence that the accused was under the influence of drugs alone, it is a defence for the accused to prove —

(a) that those drugs were —

(i) taken by him pursuant to a prescription of a medical practitioner, nurse practitioner registered under the Nurses and Midwives Act 2006, or registered dentist; or

(ii) administered to him by a medical practitioner, nurse practitioner registered under the Nurses and Midwives Act 2006, or registered dentist,

for therapeutic purposes; and

(b) that he was not aware, and could not reasonably have been expected to be aware, that those drugs were likely to render him incapable of having proper control of a motor vehicle.

[Section 63 amended by No. 82 of 1982 s. 11; No. 11 of 1988 s. 24; No. 13 of 1992 s. 7; No. 50 of 1997 s. 13; No. 9 of 2003 s. 54; No. 50 of 2003 s. 92(2); No. 84 of 2004 s. 82; No. 50 of 2006 s. 114; No. 6 of 2007 s. 5.]

64. Driving with prescribed percentage of alcohol in the blood

(1) A person who drives or attempts to drive a motor vehicle while the percentage of alcohol in his blood equals or exceeds 0.08%, commits an offence.

(2) If a court convicts a person of an offence against this section —

(a) the person is liable to the relevant penalty in the Table to this subsection; and

(b) the court shall order that the person be disqualified from holding or obtaining a driver’s licence for not less than the relevant minimum period of disqualification in the Table to this subsection.

Table

Percentage of alcohol in blood

1st offence

2nd offence