Road Transport Legislation Amendment Act 2015 (ACT)

Case

Road Transport Legislation Amendment Act 2015

A2015-30

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Crimes Act 1900

4            Alternative verdicts for aggravated offences—offences against pregnant womenTable 48B, new items 5 and 6  3

5            Alternative verdicts for certain other offences against the personTable 49, new items 12 and 13  3

Part 3Road Transport (Alcohol and Drugs) Act 1977

6Offences against Act—application of Criminal Code etc
Section 4, note 1  4

7           New section 25  4

Part 4Road Transport (Driver Licensing) Regulation 2000

8            Other exemptions from requirement to hold driver licenceSection 99 (2), note  6

Part 5Road Transport (General) Act 1999

9            Meaning of first offender and repeat offender—div 4.2Section 61AA (5), definition of relevant offence, paragraph (c)               7

10          Automatic disqualification for certain other driving offencesSection 63 (1) (b)  7

11          New section 72A  7

12          New section 236  8

13          Dictionary, definition of bicycle, paragraph (c)  9

14          Dictionary, definition of bicycle, new note  9

Part 6Road Transport (Offences) Regulation 2005

15          Short descriptions, penalties and demerit pointsSchedule 1, part 1.3, table, new items 18A and 18B  10

Part 7Road Transport (Safety and Traffic Management) Act 1999

16          New section 5AA  11

17          Section 5B heading  11

18          Section 5B (1), definition of burnout  11

19          Section 5B (1), new definition of improper use  12

20          Section 5B (1), definition of prohibited substance  12

21          Section 5B (2)  12

22          Section 5B (4)  13

23          Meaning of first offender and repeat offender—div 2.3Section 10AA (5), definition of impounding offence, paragraph (b)        13

24          Impounding of vehicles used for menacing driving on court order before conviction etcSection 10A (7)  14

25          Section 10A (8)  14

26          Impounding or forfeiture of vehicles on conviction etc for certain offencesSection 10B (1)  14

27          Section 10B (5)  15

28          Section 10B (6) (c)  15

29          New section 10BA  15

30          Powers of police officers to seize and impound vehicles used in committing certain offencesSection 10C (1) (a)  17

31          Section 10C (2)  17

32          Registered operator and interested people to be notifiedSection 10D (2)  17

33          Section 10E heading  18

34          New section 10E (1A)  18

35          Section 10E (3)  18

36          Section 10E (5), definition of relevant offence, paragraph (b)               18

37          Section 10G heading  19

38          Section 10G (1)  19

39          Section 10H heading  19

40          Section 10H (1)  19

41          Failure to prosecuteSection 10J  20

Part 8Road Transport (Safety and Traffic Management) Regulation 2000

42          GeneralDivision 2.2.1 heading, note 3, new item 11  21

43          Exemption for driver of police vehicle—training and assessmentSection 69A (3), new definition of police officer  21

Part 9Road Transport (Vehicle Registration) Regulation 2000

44          Section 20 heading  22

45          Section 20, note  22

Road Transport Legislation Amendment Act 2015

A2015-30

An Act to amend legislation about road transport, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Road Transport Legislation Amendment Act 2015.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the following legislation:

    ·     Crimes Act 1900

    ·     Road Transport (Alcohol and Drugs) Act 1977

    ·     Road Transport (Driver Licensing) Regulation 2000

    ·     Road Transport (General) Act 1999

    ·     Road Transport (Offences) Regulation 2005

    ·     Road Transport (Safety and Traffic Management) Act 1999

    ·     Road Transport (Safety and Traffic Management) Regulation 2000

    ·     Road Transport (Vehicle Registration) Regulation 2000.

Part 2Crimes Act 1900

  1. Alternative verdicts for aggravated offences—offences against pregnant women
    Table 48B, new items 5 and 6

    insert

5

section 29 (2) (Culpable driving of motor vehicle)—causing death—aggravated offence

·    section 29 (2), simple offence

·    Road Transport (Safety and Traffic Management) Act 1999, section 6 (1) (a) (Negligent driving)—causing death
6

section 29 (4) (Culpable driving of motor vehicle)—causing grievous bodily harm—aggravated offence

·    section 29 (4), simple offence

·    Road Transport (Safety and Traffic Management) Act 1999, section 6 (1) (b) (Negligent driving)—causing grievous bodily harm

  1. Alternative verdicts for certain other offences against the person
    Table 49, new items 12 and 13

    insert

12 section 29 (2) (Culpable driving of motor vehicle)—causing death Road Transport (Safety and Traffic Management) Act 1999, section 6 (1) (a) (Negligent driving)—causing death
13 section 29 (4) (Culpable driving of motor vehicle)—causing grievous bodily harm Road Transport (Safety and Traffic Management) Act 1999, section 6 (1) (b) (Negligent driving)—causing grievous bodily harm

Part 3Road Transport (Alcohol and Drugs) Act 1977

  1. Offences against Act—application of Criminal Code etc
    Section 4, note 1

    insert

    ·     s 25 (Consuming alcohol—driver or driver trainer)

  2. New section 25

    in part 3, insert

  3. Consuming alcohol—driver or driver trainer

    (1)A person commits an offence if the person—

    (a)drives or rides a vehicle on a road or road related area; and

    (b)consumes alcohol while driving or riding the vehicle.

    Maximum penalty: 20 penalty units.

    (2)A person commits an offence if the person—

    (a)is a driver trainer in a motor vehicle on a road or road related area; and

    (b)consumes alcohol while in the vehicle.

    Maximum penalty: 20 penalty units.

    (3)An offence against this section is a strict liability offence.

    (4)In a prosecution for an offence against this section, a substance is presumed to be alcohol if—

    (a)the substance is in a container; and

    (b)a label or other mark on the container describes the contents as alcohol or containing alcohol.

    Examples—par (b)

    ·‘2.6% Alc/Vol’ printed on a can

    ·‘14% Alc/Vol’ printed on the label of a bottle

    Note 1The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).

    Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (5)In this section:

    vehicle means a bicycle or motor vehicle.

Part 4Road Transport (Driver Licensing) Regulation 2000

  1. Other exemptions from requirement to hold driver licence
    Section 99 (2), note

    substitute

    NoteA bicycle does not include any vehicle—

    (a)with an electric motor capable of generating a power output over 200W, other than a vehicle that is a power-assisted pedal cycle within the meaning of vehicle standards determined under the Motor Vehicle Standards Act 1989 (Cwlth), s 7 (see Road Transport (General) Act 1999, dict, def bicycle and Australian Road Rules); or

    (b)that has an internal combustion engine.

Part 5Road Transport (General) Act 1999

  1. Meaning of first offender and repeat offender—div 4.2
    Section 61AA (5), definition of relevant offence, paragraph (c)

    omit

    burnouts and other prohibited conduct

    substitute

    improper use of a motor vehicle

  2. Automatic disqualification for certain other driving offences
    Section 63 (1) (b)

    omit

    burnouts and other prohibited conduct

    substitute

    improper use of a motor vehicle

  3. New section 72A

    insert

72AEvidentiary certificate—use etc of road or road related area

(1)In a proceeding under the road transport legislation, a certificate that appears to be signed by or on behalf of an owner of land, or a representative of the owner, and states any of the following matters, is evidence of the matter:

(a)that an area of the land is or is not a road;

(b)that an area of the land is, or is not, open to or used by the public for driving, riding or parking vehicles;

(c)that a person was, on a stated date, the owner of the land, or a representative of the owner.

(2)A court must accept a certificate mentioned in subsection (1) as proof of the matters stated in it if there is no evidence to the contrary.

(3)In this section:

owner, of land, includes the lessee or occupier of the land.

  1. New section 236

    insert

  2. Preliminary discovery for private car park fees

    (1)The road transport authority cannot be required to comply with a preliminary discovery order if the purpose is—

    (a)to ascertain the identity or whereabouts of a person in order to start a proceeding against the person for the recovery of a private car park fee; or

    (b)otherwise in connection with starting a proceeding for recovery of a private car park fee.

    (2)In this section:

    preliminary discovery order means an order made under the Court Procedures Rules 2006, division 2.8.6 or any requirement imposed for a similar purpose under any other law.

    private car park fee—

    (a)means an amount alleged to be payable under the terms of a contract, arrangement or understanding for the use of a car park; but

    (b)does not include an amount alleged to be payable under the terms of a written contract signed by the relevant parties.

  3. Dictionary, definition of bicycle, paragraph (c)

    substitute

    (c)does not include—

    (i)a wheelchair, wheeled recreational device or wheeled toy; or

    (ii)a vehicle (other than a vehicle mentioned in paragraph (b)) with an electric motor capable of generating a power output over 200W (whether or not the motor is operating); or

    (iii)a vehicle that has an internal combustion engine.

  4. Dictionary, definition of bicycle, new note

    insert

    Note 3This definition is not consistent with the definition of bicycle in the Australian Road Rules, dictionary. The Australian Road Rules are not completely self-contained and need to be read with associated laws of each jurisdiction.

Part 6Road Transport (Offences) Regulation 2005

  1. Short descriptions, penalties and demerit points
    Schedule 1, part 1.3, table, new items 18A and 18B

    insert

18A 25 (1) drive or ride vehicle on road/related area while consuming alcohol 20 $300
18B 25 (2) driver trainer in motor vehicle on road/related area while consuming alcohol 20 $300

Part 7Road Transport (Safety and Traffic Management) Act 1999

  1. New section 5AA

    in part 1, insert

5AAOffences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

·     s 5B (2) and (4) (Improper use of motor vehicle)

·     s 10BA (5) (Powers of police officers to issue surrender notices for motor vehicles).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

  1. Section 5B heading

    substitute

5BImproper use of motor vehicle

  1. Section 5B (1), definition of burnout

    omit

  2. Section 5B (1), new definition of improper use

    insert

    improper use, of a motor vehicle, means operate the vehicle in a way that causes the vehicle to undergo sustained loss of traction by 1 or more of the vehicle’s wheels.

    Examples—improper use

    ·     burnouts

    ·     handbrake turns

    ·     wheelies

    ·     drifting

    ·     j-turns

    NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

  3. Section 5B (1), definition of prohibited substance

    omit

    burnout

    substitute

    improper use

  4. Section 5B (2)

    substitute

    (2)A person commits an offence if—

    (a)the person uses a motor vehicle on a road or road related area; and

    (b)the use is an improper use.

    Maximum penalty:

    (a)if a prohibited substance had been placed on the surface of the road or road related area under, or near, a tyre of the vehicle—30 penalty units; or

    (b)in any other case—20 penalty units.

  5. Section 5B (4)

    substitute

    (4)A person commits an offence if—

    (a)the person engages in conduct on a road or road related area; and

    (b)the conduct is other prohibited conduct.

    Maximum penalty: 20 penalty units.

  6. Meaning of first offender and repeat offender—div 2.3
    Section 10AA (5), definition of impounding offence, paragraph (b)

    omit

    Burnouts and other prohibited conduct

    substitute

    Improper use of motor vehicle

  7. Impounding of vehicles used for menacing driving on court order before conviction etc
    Section 10A (7)

    before

    section 10C

    insert

    section 10BA (Powers of police officers to issue surrender notices for motor vehicles) or

  8. Section 10A (8)

    before

    section 10C

    insert

    section 10BA or

  9. Impounding or forfeiture of vehicles on conviction etc for certain offences
    Section 10B (1)

    omit

    Burnouts and other prohibited conduct

    substitute

    Improper use of motor vehicle

  10. Section 10B (5)

    before

    or section 10C

    insert

    , section 10BA (Powers of police officers to issue surrender notices for motor vehicles)

  11. Section 10B (6) (c)

    before

    section 10C

    insert

    section 10BA or

  12. New section 10BA

    insert

10BAPowers of police officers to issue surrender notices for motor vehicles

(1)This section applies to a motor vehicle if a police officer believes on reasonable grounds that the vehicle is being or has been used by a person in committing an offence against section 5A (Races, attempts on speed records, speed trials etc) or section 5B (Improper use of motor vehicle).

(2)A police officer may, by notice (a surrender notice), require the responsible person for the vehicle to surrender the vehicle for impounding at the place and by the date stated in the notice.

NoteA police officer may seize a motor vehicle under s 10C without giving the responsible person for the vehicle a surrender notice.

(3)However, the police officer may only give a person a surrender notice within 10 days after the day of the commission of the offence mentioned in subsection (1).

(4)The notice must state—

(a)the details of the alleged offence; and

(b)the service number of the police officer giving the notice; and

(c)a reasonable date and time by which the motor vehicle must be surrendered; and

(d)that it is an offence to fail to comply with a surrender notice; and

(e)that a police officer may seize the vehicle under section 10C if the person fails to comply with the notice; and

(f)anything else prescribed by regulation.

(5)The responsible person for a motor vehicle commits an offence if the person—

(a)is given a surrender notice for the vehicle; and

(b)fails to comply with the notice.

Maximum penalty: 20 penalty units.

(6)An offence against subsection (5) is a strict liability offence.

(7)Subsection (5) does not apply if the person has a reasonable excuse for failing to comply with the notice.

NoteThe defendant has an evidential burden in relation to the matters mentioned in s (7) (see Criminal Code, s 58).

(8)If a person fails to comply with a surrender notice, a police officer may seize the vehicle under section 10C.

  1. Powers of police officers to seize and impound vehicles used in committing certain offences
    Section 10C (1) (a)

    omit

    Burnouts and other prohibited conduct

    substitute

    Improper use of motor vehicle

  2. Section 10C (2)

    substitute

    (2)However, the police officer may only seize the motor vehicle under subsection (1) (a) within 10 days after the later of—

    (a)the commission of the offence; and

    (b)if a surrender notice has been given to the responsible person for the vehicle under section 10BA and the person fails to comply with the notice—the date and time by which the motor vehicle was to be surrendered under the notice.

  3. Registered operator and interested people to be notified
    Section 10D (2)

    omit

    Burnouts and other prohibited conduct

    substitute

    Improper use of motor vehicle

  4. Section 10E heading

    substitute

10EKeeping of certain vehicles seized or surrendered

  1. New section 10E (1A)

    insert

    (1A)This section also applies if a motor vehicle is surrendered under section 10BA (Powers of police officers to issue surrender notices for motor vehicles) in the circumstances mentioned in section 10BA (1).

  2. Section 10E (3)

    omit

    Vehicles seized under s 10C (1) (a)

    substitute

    Certain vehicles seized or surrendered

  3. Section 10E (5), definition of relevant offence, paragraph (b)

    omit

    Burnouts and other prohibited conduct

    substitute

    Improper use of motor vehicle

  4. Section 10G heading

    substitute

10GCertain vehicles seized or surrendered—release by chief police officer

  1. Section 10G (1)

    substitute

    (1)A person may apply to the chief police officer for the release to the person of a motor vehicle that has been—

    (a)seized under section 10C (1) (a); or

    (b)surrendered in the circumstances mentioned in section 10BA (1).

  2. Section 10H heading

    substitute

10HCertain vehicles seized or surrendered—release by Magistrates Court

  1. Section 10H (1)

    substitute

    (1)A person may apply to the Magistrates Court for an order for the release to the person of a motor vehicle that has been—

    (a)seized under section 10C (1) (a); or

    (b)surrendered in the circumstances mentioned in section 10BA (1).

    (1A)This section applies whether or not an application has been made to the chief police officer under section 10G for the release of the vehicle.

  2. Failure to prosecute
    Section 10J

    before

    section 10C

    insert

    section 10BA (1) (Powers of police officers to issue surrender notices for motor vehicles) or

Part 8Road Transport (Safety and Traffic Management) Regulation 2000

  1. General
    Division 2.2.1 heading, note 3, new item 11

    insert

11 dict, def bicycle Road Transport (General) Act 1999, dict, def bicycle

  1. Exemption for driver of police vehicle—training and assessment
    Section 69A (3), new definition of police officer

    insert

    police officer includes a person who is training to become a police officer.

Part 9Road Transport (Vehicle Registration) Regulation 2000

  1. Section 20 heading

    substitute

  2. Bicycles with electric motors

  3. Section 20, note

    substitute

    NoteA bicycle does not include any vehicle—

    (a)with an electric motor capable of generating a power output over 200W, other than a vehicle that is a power-assisted pedal cycle within the meaning of vehicle standards determined under the Motor Vehicle Standards Act 1989 (Cwlth), s 7 (see Road Transport (General) Act 1999, dict, def bicycle and Australian Road Rules); or

    (b)that has an internal combustion engine.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 14 May 2015.

  2. Notification

    Notified under the Legislation Act on 21 August 2015.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Road Transport Legislation Amendment Bill 2015, which was passed by the Legislative Assembly on 6 August 2015.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2015

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