Traffic Act 1925
An Act to consolidate and amend the law relating to vehicular and other traffic
[Royal Assent 11 December 1925]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART IPreliminary1Short title and commencement [Section 1 Amended by 25 Geo. V No. 78 ] This Act may be cited as the Traffic Act 1925, and shall come into force on 1st January 1926. 2Act does not apply to aircraft [Section 2 Repealed by 25 Geo. V No. 78 ][Section 2 Inserted by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] This Act does not apply to aircraft. 3Interpretation [Section 3 Subsection (1) amended by 21 Geo. V No. 52, s. 3 ][Section 3 Subsection (1) amended by 24 Geo. V No. 43, s. 2 ][Section 3 Subsection (1) amended by 25 Geo. V No. 78 ][Section 3 Subsection (1) amended by 1 Geo. VI No. 74, s. 1 ][Section 3 Subsection (1) amended by No. 73 of 1953, s. 2 ][Section 3 Subsection (1) amended by No. 50 of 1956, s. 2 ][Section 3 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 3 Subsection (1) amended by No. 83 of 1958, s. 2 ][Section 3 Subsection (1) amended by No. 23 of 1959, s. 2 ][Section 3 Subsection (1) amended by No. 31 of 1961, s. 2 ][Section 3 Subsection (1) amended by No. 93 of 1963, s. 2 ][Section 3 Subsection (1) amended by No. 50 of 1971, s. 2 ][Section 3 Subsection (1) amended by No. 96 of 1976, s. 3 ][Section 3 Subsection (1) amended by No. 107 of 1980, s. 4 ][Section 3 Subsection (1) amended by No. 19 of 1981, s. 4 ][Section 3 Subsection (1) amended by No. 69 of 1981, s. 4 ][Section 3 Subsection (1) amended by No. 101 of 1985, s. 4 ][Section 3 Subsection (1) amended by No. 35 of 1986, s. 4 ][Section 3 Subsection (1) amended by No. 41 of 1987, s. 4 ][Section 3 Subsection (1) amended by No. 54 of 1992, s. 4 ][Section 3 Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 86 of 1995, s. 4 ][Section 3 Subsection (1) amended by No. 18 of 1996, s. 4 ][Section 3 Amended by No. 17 of 1972, s. 2 ] (1) [Section 3 Subsection (1) amended by 17 Geo. V No. 46, s. 2 ] In this Act, unless the contrary intention appears –[Section 3 Subsection (1) amended by No. 28 of 2004, s. 4, Applied:23 Sep 2004] [Section 3 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] Commission means the Transport Commission incorporated under the Transport Act 1981; council clerk means a general manager within the meaning of the Local Government Act 1993; [Section 3 Subsection (1) amended by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] Director, MPES means the Director, Monetary Penalties Enforcement Service appointed under section 8 of the Monetary Penalties Enforcement Act 2005; horses include asses, mules, and other draught animals or beasts of burden; [Section 3 Subsection (1) amended by No. 27 of 2022, s. 14, Applied:23 Jun 2023] issuing authority, in relation to a notice of demand or traffic infringement notice, includes – (a) the Police Service; and (b) a police officer; and (c) an authorised officer; [Section 3 Subsection (1) amended by No. 11 of 1997, s. 4, Applied:01 Nov 1997] [Section 3 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] motor vehicle race has the same meaning as it has for the purposes of Division III of Part VI of the Police Offences Act 1935; [Section 3 Subsection (1) amended by No. 27 of 2004, s. 4, Applied:03 Dec 2007] notice of demand means a notice of demand served under section 43G; officer of the Commission means a person appointed or employed pursuant to section 8 of the Transport Act 1981; parking offence means an offence arising by reason of a vehicle being placed, left, or allowed to remain in a stationary position in any street or part of a street contrary to the regulations made under this Act; [Section 3 Subsection (1) amended by No. 67 of 2001, s. 4, Applied:01 Dec 2001] [Section 3 Subsection (1) amended by No. 7 of 2002, s. 4, Applied:01 Nov 2002] [Section 3 Subsection (1) amended by No. 67 of 2001, s. 4, Applied:01 Dec 2001] [Section 3 Subsection (1) amended by No. 7 of 2002, s. 4, Applied:01 Nov 2002] [Section 3 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 3 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] [Section 3 Subsection (1) amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013] [Section 3 Subsection (1) amended by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013] public passenger vehicle means a motor vehicle that is used to operate a passenger transport service within the meaning of the Passenger Transport Services Act 2011; public street means any street, road, lane, thoroughfare, footpath, bridge, or place open to or used by the public, or to which the public have or are permitted to have access, whether on payment of a fee or otherwise; [Section 3 Subsection (1) amended by No. 67 of 2001, s. 4, Applied:01 Dec 2001] [Section 3 Subsection (1) amended by No. 7 of 2002, s. 4, Applied:01 Nov 2002] [Section 3 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 3 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] registered operator of a motor vehicle or a trailer means the registered operator for the purposes of the Vehicle and Traffic Act 1999 or a corresponding law and includes – (a) in the case of a vehicle to which a trade plate under the Vehicle and Traffic Act 1999 or a similar device under a corresponding law is affixed – the person to whom the trade plate or similar device was issued; or (b) in the case of a vehicle for which a short term unregistered vehicle permit under the Vehicle and Traffic Act 1999 or a similar authorisation under a corresponding law has been issued – the person to whom the permit or authorisation was issued; [Section 3 Subsection (1) amended by No. 11 of 1997, s. 4, Applied:01 Nov 1997] the regulations means regulations made and in force under this Act; reliability trial has the same meaning as it has for the purposes of Division III of Part VI of the Police Offences Act 1935; [Section 3 Subsection (1) amended by No. 40 of 2009, s. 4, Applied:30 Nov 2009] Road Rules means the rules made under section 31A; [Section 3 Subsection (1) amended by No. 67 of 2001, s. 4, Applied:01 Dec 2001] [Section 3 Subsection (1) amended by No. 104 of 2001, s. 12, Applied:01 Jan 2002] [Section 3 Subsection (1) amended by No. 7 of 2002, s. 4, Applied:01 Nov 2002] [Section 3 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 3 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] [Section 3 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 3 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] traffic infringement notice has the meaning assigned to that expression by section 43H (1); [Section 3 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 3 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] [Section 3 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 3 Subsection (1) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008] vehicle includes any description of vehicle designed to move or to be moved on one or more wheels or revolving runners, and any truck, barrow, or similar vehicle, but, except as may be expressly prescribed by regulations, does not include a vehicle constructed or adapted for propulsion on rails only. [Section 3 Subsection (1) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008] [Section 3 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] (2) [Section 3 Subsection (2) added by No. 74 of 1968, s. 2 ][Section 3 Subsection (2) substituted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] This Act is to be read together with the Vehicle and Traffic Act 1999 as a single Act and accordingly – (a) words and expressions used in this Act that are defined under the Vehicle and Traffic Act 1999 (and not in this Act) have, unless the contrary intention appears, the same respective meanings; and (b) a reference to "this Act" extends, unless the contrary intention appears, to both Acts. (3) [Section 3 Subsection (3) inserted by No. 54 of 1992, s. 4 ][Section 3 Subsection (3) omitted by No. 7 of 2002, s. 4, Applied:01 Nov 2002] . . . . . . . . 456789Administration of Act [Section 9 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 9 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 9 Amended by No. 41 of 1987, s. 5 ][Section 9 Amended by No. 86 of 1995, s. 5 ] (1) [Section 9 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 9 Subsection (1) amended by 25 Geo. V No. 78 ] This Act shall be administered by the Commission, all police officers, and such other State Service officers and State Service employees, if any, as shall be appointed for that purpose. (2) [Section 9 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 9 Subsection (2) added by No. 31 of 1961, s. 3 ][Section 9 Subsection (2) substituted by No. 28 of 2004, s. 5, Applied:23 Sep 2004] Where, under this Act or the Vehicle and Traffic Act 1999, any power or right may be exercised by an authorised officer, or any act is authorised or required to be done by or in respect of an authorised officer, that power may be exercised by, and that act may be done by or in respect of – (a) an officer of the Commission; or (b) an officer of a local authority; or (c) another person; or (d) persons of a specified class – authorised in writing by the Commission in that behalf. (2A) [Section 9 Subsection (2A) inserted by No. 28 of 2004, s. 5, Applied:23 Sep 2004] A person referred to in subsection (2)(c) may but need not be a State Service employee. (2B) [Section 9 Subsection (2B) inserted by No. 28 of 2004, s. 5, Applied:23 Sep 2004] A class of persons referred to in subsection (2)(d) may but need not be a class of State Service employees. (3) [Section 9 Subsection (3) added by No. 41 of 1987, s. 5 ] The Commission may only authorise an officer of a local authority to exercise a power or right in respect of, or in respect of the prevention of, prescribed offences within the municipal area of that local authority. PART IIMotor Vehicles10Regulations: Application to the Crown [Section 10 Amended by No. 60 of 1967, s. 2 ][Section 10 Amended by No. 25 of 1973, s. 2 ][Section 10 Amended by No. 52 of 1978, s. 2 ][Section 10 Subsection (1) amended by 23 Geo. V No. 32, s. 2 ][Section 10 Subsection (1) amended by 25 Geo. V No. 78 ][Section 10 Subsection (1) amended by 7 Geo. VI No. 28, s. 2 ][Section 10 Subsection (1) amended by No. 75 of 1957, s. 2 ][Section 10 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 10 Subsection (1) amended by No. 83 of 1958, s. 3 ][Section 10 Subsection (1) amended by No. 31 of 1961, s. 4 and s. 56 and Sched. 2 ][Section 10 Subsection (1) amended by No. 73 of 1963, s. 2 ][Section 10 Subsection (1) amended by No. 54 of 1964, s. 2 and s. 4 ][Section 10 Subsection (1) amended by No. 94 of 1971, s. 2 ][Section 10 Subsection (1) amended by No. 98 of 1973, s. 2 ][Section 10 Subsection (1) amended by No. 30 of 1974, s. 2 and Sched. 1 ][Section 10 Subsection (1) amended by No. 58 of 1975, s. 2 ][Section 10 Subsection (1) amended by No. 58 of 1977, s. 2 ][Section 10 Subsection (1) amended by No. 74 of 1980, s. 4 ][Section 10 Subsection (1) amended by No. 9 of 1983, s. 3 ][Section 10 Subsection (1) amended by No. 10 of 1986, s. 4 ][Section 10 Subsection (1) amended by No. 86 of 1995, s. 6 ][Section 10 Subsection (1) amended by No. 18 of 1996, s. 5 ][Section 10 Amended by No. 80 of 1984, s. 4 ][Section 10 Amended by No. 73 of 1987, s. 4 ][Section 10 Amended by No. 40 of 1990, s. 21 ][Section 10 Amended by No. 96 of 1976, s. 4 ] (1AA) [Section 10 Subsection (1AA) inserted by No. 86 of 1995, s. 6 ][Section 10 Subsection (1AA) omitted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (1) [Section 10 Subsection (1) amended by 17 Geo. V No. 46, s. 3 ] The Governor may make regulations – (a) [Section 10 Subsection (1) amended by No. 11 of 1997, s. 5, Applied:01 Nov 1997] [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (b) [Section 10 Subsection (1) amended by No. 11 of 1997, s. 5, Applied:01 Nov 1997] [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (ba) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (bb) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (bc) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (bd) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (be) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (c) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (ca) [Section 10 Subsection (1) amended by No. 11 of 1997, s. 5, Applied:01 Nov 1997] . . . . . . . . (d) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (daa) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (da) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (db) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (e) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (f) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (g) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (h) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (i) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (j) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (ja) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (jb) [Section 10 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] providing for and regulating the placement and display of identifying information, such as the name and address of a registered operator and business names, on public passenger vehicles, freight carrying vehicles and other kinds of vehicle specified in the regulations; (k) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (l) regulating and controlling the speed of motor vehicles in the public streets; (m) [Section 10 Subsection (1) amended by No. 22 of 2001, s. 10, Applied:01 Nov 2001] . . . . . . . . (ma) [Section 10 Subsection (1) amended by No. 22 of 2001, s. 10, Applied:01 Nov 2001] . . . . . . . . (n) [Section 10 Subsection (1) amended by No. 22 of 2001, s. 10, Applied:01 Nov 2001] . . . . . . . . (o) [Section 10 Subsection (1) amended by No. 22 of 2001, s. 10, Applied:01 Nov 2001] . . . . . . . . (oa) [Section 10 Subsection (1) amended by No. 57 of 1997, s. 4, Applied:26 Jun 2000] [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] providing for – (i) the inspection of motor vehicles and trailers (other than motor vehicles and trailers liable to inspection under the Vehicle and Traffic Act 1999 ); and (ii) the granting of certificates as to the result of those inspections; and (iii) the recovery of the cost of any such inspection or the granting of any such certificate from the registered operator of, or any other person having a right to the possession of, or the right to use, the vehicle in respect of which the inspection is made or the certificate granted; (p) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (q) [Section 10 Subsection (1) amended by No. 22 of 2001, s. 10, Applied:01 Nov 2001] [Section 10 Subsection (1) amended by No. 71 of 2001, s. 27, Applied:01 Jan 2002] . . . . . . . . (qa) [Section 10 Subsection (1) amended by No. 57 of 1997, s. 4, Applied:26 Jun 2000] [Section 10 Subsection (1) amended by No. 30 of 2013, Sched. 1, Applied:10 Feb 2014] . . . . . . . . (qb) [Section 10 Subsection (1) amended by No. 57 of 1997, s. 4, Applied:26 Jun 2000] [Section 10 Subsection (1) amended by No. 44 of 2000, s. 4, Applied:14 Aug 2000] . . . . . . . . (r) . . . . . . . . (ra) [Section 10 Subsection (1) amended by No. 71 of 2001, s. 27, Applied:01 Jan 2002] . . . . . . . . (rb) [Section 10 Subsection (1) amended by No. 22 of 2001, s. 10, Applied:01 Nov 2001] . . . . . . . . (rc) [Section 10 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] [Section 10 Subsection (1) amended by No. 22 of 2001, s. 10, Applied:01 Nov 2001] providing, either generally or in particular cases, requirements to be met in relation to freight carrying vehicles and other kinds of vehicle specified in the regulations, including the accommodation to be provided and the number of passengers, and the amount or mass of luggage or goods, that may be carried; (rd) [Section 10 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] providing for and regulating the operation of public passenger vehicles generally; (re) [Section 10 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] providing for and regulating the use of stands for the use of public passenger vehicles and freight carrying vehicles; (rf) [Section 10 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] [Section 10 Subsection (1) amended by No. 44 of 2000, s. 4, Applied:14 Aug 2000] . . . . . . . . (s) prescribing any matter or thing in connection with the use, possession, or ownership of motor vehicles which the Governor may deem necessary or expedient for the safety of the public, for the protection of property, or otherwise in the public interest; (sa) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (t) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] regulating the keeping and use of petroleum, or any other inflammable or explosive liquid or fuel used for the purpose of motor vehicles, notwithstanding anything to the contrary in any enactment relating to petroleum or to any other inflammable or explosive liquid or fuel. (u) [Section 10 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (1A) [Section 10 Subsection (1A) inserted by No. 50 of 1956, s. 3 ][Section 10 Subsection (1A) omitted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (1B) [Section 10 Subsection (1B) inserted by No. 101 of 1985, s. 5 ][Section 10 Subsection (1B) omitted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (2) [Section 10 Subsection (2) amended by No. 17 of 1972, s. 3 ][Section 10 Subsection (2) omitted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (3) [Section 10 Subsection (3) inserted by No. 75 of 1978, s. 2 ][Section 10 Subsection (3) omitted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (3A) [Section 10 Subsection (3A) inserted by No. 86 of 1995, s. 6 ][Section 10 Subsection (3A) omitted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (4) [Section 10 Subsection (4) inserted by No. 13 of 1981, s. 4 ][Section 10 Subsection (4) omitted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (4A) [Section 10 Subsection (4A) inserted by No. 13 of 1981, s. 4 ][Section 10 Subsection (4A) omitted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (4AB) [Section 10 Subsection (4AB) inserted by No. 54 of 1964, s. 2 ][Section 10 Subsection (4AB) omitted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (4B) [Section 10 Subsection (4B) inserted by No. 10 of 1986, s. 4 ][Section 10 Subsection (4B) omitted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (5) [Section 10 Subsection (5) inserted by No. 31 of 1961, s. 4 ][Section 10 Subsection (5) omitted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (6) [Section 10 Subsection (6) added by No. 31 of 1961, s. 4 ][Section 10 Subsection (6) omitted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (7) [Section 10 Subsection (7) amended by No. 71 of 1999, s. 4, Applied:24 Nov 1999] [Section 10 Subsection (7) substituted by No. 41 of 1987, s. 13 and Sched. 1 ][Section 10 Subsection (7) omitted by No. 71 of 2001, s. 27, Applied:01 Jan 2002] . . . . . . . . (8) [Section 10 Subsection (8) added by No. 71 of 1973, s. 35 and Sched. 3 ][Section 10 Subsection (8) omitted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (9) [Section 10 Subsection (9) inserted by No. 18 of 1996, s. 5 ] Regulations made under this section may – (a) apply generally or be limited in their application by reference to specified exemptions or specified factors; and (b) apply differently according to different factors, limitations or restrictions of a specified kind. 10AA10A1111A11B11C11D121313A1414AA14APART III.. .. .. .14AB14B151616A16B16C16D1718192020A20B212222A23242526272828A28B2930PART IIIA[Part IIIA Heading amended by No. 36 of 1958, s. 4 and Sched. 5 ]Provisions Relating to Appeals from Decisions of the Commission30A30B30CPART IVTraffic31Regulations on recommendation of committee or council [Section 31 Amended by No. 55 of 1965, s. 5 ][Section 31 Amended by No. 37 of 1974, s. 6 and Sched. 1 ][Section 31 Amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 31 Subsection (1) amended by 25 Geo. V No. 78 ][Section 31 Subsection (1) amended by 1 Geo. VI No. 74, s. 2 ][Section 31 Subsection (1) amended by No. 31 of 1961, s. 29 and s. 56 and Sched. 2 ][Section 31 Subsection (1) amended by No. 98 of 1973, s. 4 ][Section 31 Subsection (1) amended by No. 30 of 1974, s. 2 and Sched. 1 ][Section 31 Subsection (1) amended by No. 9 of 1983, s. 4 ][Section 31 Subsection (1) amended by No. 54 of 1992, s. 5 ][Section 31 Subsection (1) amended by No. 62 of 1992, s. 4 ][Section 31 Subsection (2) amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 31 Subsection (2) amended by No. 31 of 1961, s. 29 and s. 56 and Sched. 2 ][Section 31 Subsection (2) amended by No. 30 of 1974, s. 2 and Sched. 1 ][Section 31 Amended by No. 41 of 1987, s. 13 and Sched. 1 ][Section 31 Amended by No. 30 of 1995, s. 3 and Sched. 1 ] (1) [Section 31 Subsection (1) amended by 21 Geo. V No. 52, s. 3 ] The Governor may make regulations prescribing all matters and things which may be necessary or desirable for regulating and controlling the driving, using, and having in possession of any vehicle or class of vehicle in any public street or any specified part thereof; and prohibiting in any such street or part any act, matter, or thing calculated to cause damage to such street or to cause injury, danger, inconvenience, or annoyance to the public or any person or to any property; or regulating the doing of any such act, matter, or thing, for the purpose of obviating or minimizing such damage, injury, danger, inconvenience, or annoyance as aforesaid; and in addition to any other powers hereby conferred may make regulations – (a) [Section 31 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (b) [Section 31 Subsection (1) amended by No. 71 of 2001, s. 27, Applied:01 Jan 2002] . . . . . . . . (c) [Section 31 Subsection (1) amended by No. 104 of 2001, s. 13, Applied:01 Jan 2002] . . . . . . . . (d) [Section 31 Subsection (1) amended by No. 104 of 2001, s. 13, Applied:01 Jan 2002] . . . . . . . . (e) [Section 31 Subsection (1) amended by No. 22 of 2001, s. 10, Applied:01 Nov 2001] . . . . . . . . (f) [Section 31 Subsection (1) amended by No. 71 of 2001, s. 27, Applied:01 Jan 2002] . . . . . . . . (g) [Section 31 Subsection (1) amended by No. 104 of 2001, s. 13, Applied:01 Jan 2002] . . . . . . . . (h) [Section 31 Subsection (1) amended by No. 53 of 1997, Sched. 1, Applied:26 Jun 2000] . . . . . . . . (i) [Section 31 Subsection (1) amended by No. 22 of 2001, s. 10, Applied:01 Nov 2001] . . . . . . . . (j) [Section 31 Subsection (1) amended by No. 104 of 2001, s. 13, Applied:01 Jan 2002] . . . . . . . . (k) [Section 31 Subsection (1) amended by No. 104 of 2001, s. 13, Applied:01 Jan 2002] . . . . . . . . (l) [Section 31 Subsection (1) amended by No. 104 of 2001, s. 13, Applied:01 Jan 2002] . . . . . . . . (m) [Section 31 Subsection (1) amended by No. 104 of 2001, s. 13, Applied:01 Jan 2002] . . . . . . . . (n) [Section 31 Subsection (1) amended by No. 104 of 2001, s. 13, Applied:01 Jan 2002] . . . . . . . . (o) [Section 31 Subsection (1) amended by No. 104 of 2001, s. 13, Applied:01 Jan 2002] . . . . . . . . (p) [Section 31 Subsection (1) amended by No. 104 of 2001, s. 13, Applied:01 Jan 2002] . . . . . . . . (q) [Section 31 Subsection (1) amended by No. 71 of 2001, s. 27, Applied:01 Jan 2002] . . . . . . . . (r) [Section 31 Subsection (1) amended by No. 104 of 2001, s. 13, Applied:01 Jan 2002] . . . . . . . . (s) [Section 31 Subsection (1) amended by No. 104 of 2001, s. 13, Applied:01 Jan 2002] . . . . . . . . (t) [Section 31 Subsection (1) amended by No. 104 of 2001, s. 13, Applied:01 Jan 2002] . . . . . . . . (u) [Section 31 Subsection (1) amended by No. 104 of 2001, s. 13, Applied:01 Jan 2002] . . . . . . . . (v) [Section 31 Subsection (1) amended by No. 104 of 2001, s. 13, Applied:01 Jan 2002] . . . . . . . . (w) [Section 31 Subsection (1) amended by No. 71 of 2001, s. 27, Applied:01 Jan 2002] . . . . . . . . (x) [Section 31 Subsection (1) amended by No. 104 of 2001, s. 13, Applied:01 Jan 2002] . . . . . . . . (y) [Section 31 Subsection (1) amended by No. 104 of 2001, s. 13, Applied:01 Jan 2002] . . . . . . . . (z) [Section 31 Subsection (1) amended by No. 71 of 2001, s. 27, Applied:01 Jan 2002] . . . . . . . . (zaa) [Section 31 Subsection (1) amended by No. 71 of 2001, s. 27, Applied:01 Jan 2002] . . . . . . . . (za) [Section 31 Subsection (1) amended by No. 22 of 2001, s. 10, Applied:01 Nov 2001] [Section 31 Subsection (1) amended by No. 71 of 2001, s. 27, Applied:01 Jan 2002] . . . . . . . . (zb) prescribing the persons by, and to whom, the times at which, and the manner in which, notification of accidents in respect of vehicles shall be given; (zc) [Section 31 Subsection (1) amended by No. 7 of 2002, s. 5, Applied:01 Nov 2002] prescribing any matter in connection with the use of, or traffic upon, the public streets which the Governor may deem necessary or expedient for the safety or convenience of the public, or otherwise in the public interest. (zd) [Section 31 Subsection (1) amended by No. 71 of 2001, s. 27, Applied:01 Jan 2002] . . . . . . . . (ze) [Section 31 Subsection (1) amended by No. 71 of 2001, s. 27, Applied:01 Jan 2002] . . . . . . . . (zf) . . . . . . . . (zg) [Section 31 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 31 Subsection (1) amended by No. 71 of 2001, s. 27, Applied:01 Jan 2002] . . . . . . . . (zh) [Section 31 Subsection (1) amended by No. 7 of 2002, s. 5, Applied:01 Nov 2002] . . . . . . . . (zi) [Section 31 Subsection (1) amended by No. 7 of 2002, s. 5, Applied:01 Nov 2002] . . . . . . . . (zj) [Section 31 Subsection (1) amended by No. 7 of 2002, s. 5, Applied:01 Nov 2002] . . . . . . . . (zk) [Section 31 Subsection (1) amended by No. 7 of 2002, s. 5, Applied:01 Nov 2002] . . . . . . . . (2) [Section 31 Subsection (2) amended by 25 Geo. V No. 78 ][Section 31 Subsection (2) omitted by No. 71 of 2001, s. 27, Applied:01 Jan 2002] . . . . . . . . (3) [Section 31 Subsection (3) added by No. 36 of 1958, s. 4 and Sched. 5 ][Section 31 Subsection (3) omitted by No. 71 of 2001, s. 27, Applied:01 Jan 2002] . . . . . . . . (4) [Section 31 Subsection (4) substituted by No. 52 of 1978, s. 2 ][Section 31 Subsection (4) amended by No. 71 of 1999, s. 5, Applied:24 Nov 1999] [Section 31 Subsection (4) omitted by No. 71 of 2001, s. 27, Applied:01 Jan 2002] . . . . . . . . (5) [Section 31 Subsection (5) omitted by No. 9 of 1983, s. 4 ]. . . . . . . . (5A) [Section 31 Subsection (5A) omitted by No. 9 of 1983, s. 4 ]. . . . . . . . (6) [Section 31 Subsection (6) added by No. 18 of 1962, s. 2 ][Section 31 Subsection (6) omitted by No. 71 of 2001, s. 27, Applied:01 Jan 2002] . . . . . . . . 31ANationally uniform road traffic laws [Section 31A Inserted by No. 71 of 1999, s. 6, Applied:24 Nov 1999] (1) [Section 31A Subsection (1) amended by No. 40 of 2009, s. 5, Applied:30 Nov 2009] The Governor may, to further any scheme or agreement aimed at promoting or creating uniform or consistent national road transport legislation, make rules prescribing – (a) [Section 31A Subsection (1) amended by No. 40 of 2009, s. 5, Applied:30 Nov 2009] road traffic laws that are uniform or essentially uniform, in content and style, with the road traffic legislation of other Australian jurisdictions; and (b) [Section 31A Subsection (1) amended by No. 40 of 2009, s. 5, Applied:30 Nov 2009] all matters necessary or convenient to be prescribed for explaining, administering, enforcing or otherwise giving effect to or complementing those road traffic laws. (2) [Section 31A Subsection (2) amended by No. 40 of 2009, s. 5, Applied:30 Nov 2009] Without limiting the generality of subsection (1), the rules may apply to or provide for any matter that regulations under Part 2 of the Road Transport Reform (Vehicles and Traffic) Act 1993 of the Commonwealth may apply to or provide for. (3) [Section 31A Subsection (3) amended by No. 40 of 2009, s. 5, Applied:30 Nov 2009] The rules may, for the purpose of consolidating the State’s road traffic laws, include rules prescribing road traffic laws that are peculiar to the State. (4) [Section 31A Subsection (4) substituted by No. 40 of 2009, s. 5, Applied:30 Nov 2009] The rules may provide that any guide, diagram, example, note or other explanatory or illustrative item set out in those rules is, or is not, a part of the rules. (5) [Section 31A Subsection (5) amended by No. 40 of 2009, s. 5, Applied:30 Nov 2009] The rules may – (a) be of limited or general application; and (b) [Section 31A Subsection (5) amended by No. 40 of 2009, s. 5, Applied:30 Nov 2009] be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the rules; and (c) impose a duty or confer a power on a specified person or a specified class of persons; and (d) authorise any matter to be from time to time determined, applied or regulated by the Commission, the Commissioner of Police or a specified person; and (e) [Section 31A Subsection (5) amended by No. 40 of 2009, s. 5, Applied:30 Nov 2009] provide for exemptions from the rules; and (f) [Section 31A Subsection (5) amended by No. 40 of 2009, s. 5, Applied:30 Nov 2009] provide for any transitional matters. (g) [Section 31A Subsection (5) amended by No. 40 of 2009, s. 5, Applied:30 Nov 2009] . . . . . . . . (6) [Section 31A Subsection (6) amended by No. 40 of 2009, s. 5, Applied:30 Nov 2009] The rules may – (a) [Section 31A Subsection (6) amended by No. 40 of 2009, s. 5, Applied:30 Nov 2009] provide that a contravention of any of the rules is an offence; and (b) in respect of such an offence, provide for the imposition of a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues. 32Reckless driving [Section 32 Substituted by No. 14 of 1957, s. 2 ][Section 32 Subsection (1) amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 32 Subsection (1) amended by No. 41 of 1987, s. 13 and Sched. 1 ][Section 32 Subsection (2) amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 32 Subsection (2) amended by No. 41 of 1987, s. 13 and Sched. 1 ] (1) [Section 32 Subsection (1) amended by No. 35 of 2017, s. 4, Applied:19 Sep 2017] [Section 32 Subsection (1) amended by No. 55 of 1965, s. 5 ] A person who drives a motor vehicle on a public street recklessly, having regard to all the circumstances of the case, including the nature, condition, and use of the public street and the amount of traffic that actually is at the time or that might reasonably be expected to be on the public street, is guilty of an offence against this Act and is liable on summary conviction to – (a) [Section 32 Subsection (1) amended by No. 71 of 1999, s. 7, Applied:24 Nov 1999] a penalty not exceeding 20 penalty units, or to imprisonment for a term not exceeding 2 years, or both, for a first offence; and (b) [Section 32 Subsection (1) amended by No. 71 of 1999, s. 7, Applied:24 Nov 1999] a penalty not exceeding 40 penalty units, or to imprisonment for a term not exceeding 4 years, or both, for a second or subsequent offence. (1A) [Section 32 Subsection (1A) inserted by No. 35 of 2017, s. 4, Applied:19 Sep 2017] For the avoidance of doubt, a second or subsequent offence under subsection (1) includes any offence under that subsection whether the offence occurred before or after the commencement of the Criminal Code Amendment (Dangerous Driving) Act 2017. (2) [Section 32 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 32 Subsection (2) substituted by No. 15 of 2000, s. 6, Applied:28 Apr 2000] A person must not drive a motor vehicle on a public street negligently.Penalty: Fine not exceeding 5 penalty units. (2A) [Section 32 Subsection (2A) inserted by No. 15 of 2000, s. 6, Applied:28 Apr 2000] A person must not cause the death of another person by driving a motor vehicle on a public street negligently.Penalty: In the case of – (a) [Section 32 Subsection (2A) amended by No. 35 of 2017, s. 4, Applied:19 Sep 2017] a first offence, a fine not exceeding 10 penalty units and imprisonment for a term not exceeding 2 years; and (b) [Section 32 Subsection (2A) amended by No. 35 of 2017, s. 4, Applied:19 Sep 2017] a subsequent offence, a fine not exceeding 20 penalty units and imprisonment for a term not exceeding 3 years. (2B) [Section 32 Subsection (2B) inserted by No. 15 of 2000, s. 6, Applied:28 Apr 2000] A person must not cause grievous bodily harm to another person by driving a motor vehicle on a public street negligently.Penalty: In the case of – (a) [Section 32 Subsection (2B) amended by No. 35 of 2017, s. 4, Applied:19 Sep 2017] a first offence, a fine not exceeding 10 penalty units and imprisonment for a term not exceeding 1 year; and (b) [Section 32 Subsection (2B) amended by No. 35 of 2017, s. 4, Applied:19 Sep 2017] a subsequent offence, a fine not exceeding 20 penalty units and imprisonment for a term not exceeding 18 months. (2C) [Section 32 Subsection (2C) inserted by No. 15 of 2000, s. 6, Applied:28 Apr 2000] For the purpose of determining whether a person is driving a motor vehicle on a public street negligently, the following are to be taken into account: (a) the circumstances of the case; (b) the nature, condition and use of the public street; (c) the amount of traffic that is actually at the time, or that might reasonably be expected to be, on the public street. (3) [Section 32 Subsection (3) amended by No. 15 of 2000, s. 6, Applied:28 Apr 2000] [Section 32 Subsection (3) amended by No. 83 of 1958, s. 6 ] Notwithstanding any other law to the contrary, proceedings in respect of offences under subsection (1) shall be heard and determined by a magistrate sitting alone. (4) [Section 32 Subsection (4) substituted by No. 94 of 1971, s. 5 ][Section 32 Subsection (4) omitted by No. 15 of 2000, s. 6, Applied:28 Apr 2000] . . . . . . . . (4AA) [Section 32 Subsection (4AA) substituted by No. 94 of 1971, s. 5 ][Section 32 Subsection (4AA) omitted by No. 15 of 2000, s. 6, Applied:28 Apr 2000] . . . . . . . . (4A) [Section 32 Subsection (4A) inserted by No. 31 of 1961, s. 30 ][Section 32 Subsection (4A) omitted by No. 15 of 2000, s. 6, Applied:28 Apr 2000] . . . . . . . . (4B) [Section 32 Subsection (4B) inserted by No. 31 of 1961, s. 30 ][Section 32 Subsection (4B) omitted by No. 15 of 2000, s. 6, Applied:28 Apr 2000] . . . . . . . . (5) A person may lawfully be charged and convicted of an offence under this section notwithstanding that death or bodily harm has resulted from the driving of the motor vehicle in the circumstances that are the subject of the charge and that he might have been charged with a crime under the Criminal Code arising out of the same circumstances. (6) [Section 32 Subsection (6) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] A police officer may apprehend without warrant the driver of a motor vehicle who commits an offence under subsection (1) within his view if the driver refuses to give his name and address when required so to do by the police officer. (7) [Section 32 Subsection (7) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] If the driver of a motor vehicle who commits an offence under subsection (1) refuses to give his name and address when required so to do, or gives a false name or address, he is guilty of an offence against this Act, and it is the duty of the owner or the registered operator of the vehicle, if required by a police officer, to give any information that it is within his power to give, and that may lead to the identification and apprehension of the driver, and if the owner or the registered operator fails to do so he also is guilty of an offence against this Act. (8) [Section 32 Subsection (8) inserted by No. 5 of 2023, s. 20, Applied:13 Jun 2023] A complaint in relation to an offence against subsection (2A) or (2B) may, despite section 26 of the Justices Act 1959, be made at any time within 12 months after the time when the alleged offence occurred. 33Duty of driver to stop and assist in case of accident [Section 33 Subsection (2) amended by No. 52 of 1978, s. 4 and Sched. 1 ][Section 33 Subsection (1) amended by 25 Geo. V No. 78 ][Section 33 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 33 Substituted by No. 71 of 1999, s. 8, Applied:24 Nov 1999] (1) In this section – crash includes – (a) a collision between 2 or more vehicles; or (b) any other accident or incident in which a person is or may have been killed or injured, property is or may have been damaged, or an animal in someone’s charge is or may have been injured; driver means a person – (a) driving a vehicle; or (b) riding, leading or otherwise in charge of an animal. (2) A driver who is involved in a crash must – (a) stop immediately; and (b) stay at the scene of the crash; and (c) give any assistance which may be necessary or practicable in the circumstances and which it is in the driver’s power to give. Penalty: Fine not exceeding 80 penalty units or imprisonment for a term not exceeding 2 years, or both. (3) The driver is not guilty of an offence under this section if he or she leaves the scene of the crash solely for the purposes of seeking medical, police or other emergency assistance in connection with the crash. (4) It is a defence to a charge under this section that the driver was unaware that the crash had occurred and that the lack of awareness was not due to carelessness or recklessness. 33A34353636A3738394041Refusing to give name and address, &c. [Section 41 Substituted by No. 34 of 1981, s. 4 ] (1) [Section 41 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 41 Subsection (1) amended by No. 86 of 1995, s. 8 ] A person who, when required by a police officer or an authorised officer in the execution of his duty under this Act or the Vehicle and Traffic Act 1999 – (a) to give that person’s name, age, or the address of his place of residence; or (ab) [Section 41 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] where that person is the owner or registered operator of a vehicle, to give – (i) the name and address of the place of residence of any person who on a specified occasion was the driver of the vehicle; or (ii) [Section 41 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] if that person held an Australian driver licence, the number of the licence and the State or Territory in which it was issued; or (b) [Section 41 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] where that person is the driver of a vehicle and is not the owner or registered operator of the vehicle – to give the name and the address of the place of residence of the owner or registered operator of the vehicle – fails or refuses to do so, or gives particulars which he knows are likely to mislead the police officer or authorised officer, is guilty of an offence against this Act. (2) [Section 41 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 41 Subsection (2) amended by No. 86 of 1995, s. 8 ] Where a request is made of a person by a police officer or authorised officer under subsection (1) (ab) or (b), that person is not guilty of an offence under this Act by reason of his failure to give the name and address of the place of residence of the owner or registered operator of the vehicle he is driving if he proves to the satisfaction of the court before which he is prosecuted for that offence that he did not know, and could not with reasonable diligence have ascertained and given, the particulars requested. (3) A police officer may arrest a person without warrant if that person, in response to a request made by the officer under subsection (1)(a) – (a) refuses to give his name or the address of his place of residence; or (b) gives a name or an address of a place of residence that the officer has reasonable grounds for believing is false or misleading. (4) [Section 41 Subsection (4) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 41 Subsection (4) substituted by No. 86 of 1995, s. 8 ] A police officer or authorised officer in the execution of his or her duty under this Act or the Vehicle and Traffic Act 1999 may require a person giving particulars under this section – (a) to sign his or her name; or (b) to provide any such particulars in writing supported by statutory declaration – and a person who fails to comply with any such requirement is guilty of an offence against this Act. (5) [Section 41 Subsection (5) inserted by No. 86 of 1995, s. 8 ] In the application of subsection (4) to a body corporate, the statutory declaration is to be made by – (a) a director, secretary or manager of the body corporate; or (b) any other person who, in the opinion of the police officer or authorised officer – (i) substantially controls its affairs; or (ii) is able to provide any information relating to the use of the vehicle at the time of the alleged offence. 41APower of police officer to forbid incapable person to drive, &c. [Section 41A Inserted by No. 75 of 1957, s. 5 ] (1) Where a police officer is of the opinion that a person who is for the time being in charge of a motor vehicle is, by reason of his physical or mental condition, however arising, incapable of having proper control of the motor vehicle, the police officer may – (a) forbid that person to drive the motor vehicle; (b) direct that person to deliver up to the police officer forthwith all ignition keys and other keys of the motor vehicle that are in that person’s possession; and (c) take such steps as may be necessary to render the motor vehicle immobile or to remove it to a place of safety. (2) A person who fails to comply with a direction given to him under subsection (1) or does an act that is for the time being forbidden under that subsection is guilty of an offence against this Act, but no person shall be convicted of an offence under this subsection unless the court before which he is charged is satisfied that the police officer had reasonable grounds for believing that, in all the circumstances of the case, the direction or prohibition was necessary in the interests of the defendant, or of any other person, or of the public. (3) Subject to subsection (4), where a police officer exercises the powers conferred by subsection (1), he shall retain the ignition keys and other keys of the motor vehicle and cause the motor vehicle to be kept immobile or in a place of safety until such time as, in his opinion, the person referred to in the last-mentioned subsection is capable of having proper control of the motor vehicle. (4) Notwithstanding anything in subsection (3), a person who is directed or forbidden to do anything, pursuant to subsection (1), may, at the time when the direction or prohibition is given or imposed or at any time thereafter, request that – (a) his capacity to have proper control of the motor vehicle be determined by a police officer (in this subsection referred to as "the senior police officer") of a higher rank than the police officer who gave the direction or imposed the prohibition, if the last-mentioned police officer is of a rank lower than inspector; or (b) [Section 41A Subsection (4) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] he be permitted to submit himself for examination by a medical practitioner – and if it is reasonably practicable that the request be granted the police officer who gave the direction or imposed the prohibition shall make the necessary arrangements accordingly, and if the senior police officer or the medical practitioner, as the case may be, certifies that he is of the opinion that that person is capable of having proper control of the motor vehicle, the police officer who has possession of the ignition keys and other keys of the motor vehicle shall forthwith return them to that person and, if the motor vehicle has been rendered immobile, shall also without further delay cause it to be again returned to running order. 41BPower of police officer to temporarily confiscate personal mobility devices, wheeled recreational devices and wheeled toys [Section 41B Inserted by No. 34 of 1981, s. 5 ][Section 41B Repealed by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 41B Inserted by No. 23 of 2001, s. 4, Applied:01 Jul 2001] (1) In this section – adult means a person who has attained the age of 17 years; Commissioner means the Commissioner of Police; contravention includes a failure to comply; [Section 41B Subsection (1) amended by No. 29 of 2021, s. 4, Applied:15 Dec 2021] personal mobility device means a personal mobility device within the meaning of the Road Rules; [Section 41B Subsection (1) amended by No. 40 of 2009, s. 6, Applied:30 Nov 2009] wheeled recreational device means a wheeled recreational device within the meaning of the Road Rules; wheeled toy means a wheeled toy within the meaning of the Road Rules. (2) [Section 41B Subsection (2) amended by No. 29 of 2021, s. 4, Applied:15 Dec 2021] A police officer who reasonably believes that a person apparently in charge of a personal mobility device, wheeled recreational device or wheeled toy is using it contrary to the Road Rules may, having regard to the circumstances of the contravention and any attendant danger to the person or the public, seize and detain the device or toy. (3) Subsection (2) has effect whether or not the police officer takes any other action regarding the contravention. (4) [Section 41B Subsection (4) amended by No. 29 of 2021, s. 4, Applied:15 Dec 2021] The police officer, on seizing the personal mobility device, wheeled recreational device or wheeled toy, must inform the person how it may be re-claimed. (5) [Section 41B Subsection (5) amended by No. 29 of 2021, s. 4, Applied:15 Dec 2021] After 7 days the Commissioner must, when practicable, release the personal mobility device, wheeled recreational device or wheeled toy on request to – (a) the person from whom it was seized if the person is then an adult; or (b) if the person from whom it was seized is not then an adult – (i) the person’s parent or guardian; or (ii) an adult who is legally entitled to take possession of the device or toy. (6) [Section 41B Subsection (6) amended by No. 29 of 2021, s. 4, Applied:15 Dec 2021] If the personal mobility device, wheeled recreational device or wheeled toy is not re-claimed and released within 30 days of its seizure, the Commissioner must make a reasonable attempt to notify the person from whom it was seized that, if not re-claimed, the device or toy will be forfeited to the Crown after a further 30 days. (7) [Section 41B Subsection (7) amended by No. 29 of 2021, s. 4, Applied:15 Dec 2021] If, after the Commissioner has complied with subsection (6), the personal mobility device, wheeled recreational device or wheeled toy has still not been re-claimed and released within the further 30 days it is forfeited to the Crown and may be sold or otherwise disposed of as the Commissioner sees fit. 41CRoad authorities not liable if roads, &c., unsuitable for wheeled recreational devices and toys [Section 41C Repealed by No. 77 of 1970, s. 32 and Sched. 2 ][Section 41C Inserted by No. 23 of 2001, s. 4, Applied:01 Jul 2001] (1) In this section – edge line for a road, means a line marked along the road at or near the far left or far right side of the road (excluding any road-related area); road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles and includes – (a) a road shoulder; and (b) a road-related area; road authority means a person, body corporate or body politic responsible for designing, constructing, maintaining or managing roads; road-related area means any of the following: (a) an area that divides a road; (b) a footpath or nature strip adjacent to a road; (c) an area that is not a road but is open to the public and designated for use, whether exclusively or otherwise, by cyclists or animals; (d) an area that is not a road but is open to or used by the public for driving, riding or parking vehicles; [Section 41C Subsection (1) amended by No. 40 of 2009, s. 7, Applied:30 Nov 2009] road shoulder means any part of a road that is not designed to be used by motor vehicles in travelling along the road, and includes – (a) for a kerbed road, any part of the kerb; and (b) for a sealed road, any unsealed part of the road and any sealed part of the road outside the edge line of the road – but does not include a footpath or any other kind of path; wheeled recreational device means a wheeled recreational device within the meaning of the Road Rules; wheeled toy means a wheeled toy within the meaning of the Road Rules. (2) A road authority does not incur any civil liability for an act or omission on its part in the design, construction, maintenance or management of a road to take account of the fact that the users or potential users of the road may include riders of wheeled recreational devices and wheeled toys. 41CADeclaration of road for use by personal mobility devices [Section 41CA Inserted by No. 29 of 2021, s. 5, Applied:15 Dec 2021] (1) In this section – personal mobility device means a personal mobility device within the meaning of the Road Rules; PMD user means a PMD user within the meaning of the Road Rules; road authority has the same meaning as in section 41C; speed-limited road means a road on which the speed-limit for drivers on that road is not greater than 50 kilometres per hour. (2) The road authority for a speed-limited road may, by notice published in the Gazette, declare that road to be a road on which a PMD user may travel, subject to such terms and conditions as are specified in the notice. (3) The terms and conditions specified in a notice under subsection (2) must not be inconsistent with a provision of this Act or the Road Rules. (4) Before making a declaration under subsection (2), the road authority is to consider the following in respect of the road: (a) safety; (b) efficiency; (c) use of the road; (d) risk mitigation. (5) If a road authority makes a declaration under subsection (2), that road authority is to publish a copy of that declaration on a website of the road authority and is to ensure that a copy of the declaration remains on the website while the declaration remains in force. (6) A notice under this section is not a statutory rule for the purposes of the Rules Publication Act 1953. 41DSeizure of detection devices [Section 41D Repealed by No. 77 of 1970, s. 32 and Sched. 2 ][Section 41D Inserted by No. 40 of 2009, s. 8, Applied:30 Nov 2009] (1) A police officer or authorised officer who has reasonable grounds for believing that a motor vehicle is equipped with a detection device may – (a) enter and search the motor vehicle; and (b) doing as little damage as possible in the circumstances, seize any device that appears to the police officer or authorised officer to be a detection device; and (c) cause any device so seized to be tested; and (d) cause any device so seized to be produced in court as evidence in any proceedings under the Road Rules. (2) If a person is convicted of an offence under the Road Rules relating to the possession or use of a detection device, the detection device to which the offence relates is forfeited to the Crown. (3) In this section – detection device means – (a) a device for preventing the effective use of a speed-measuring device; or (b) a device for detecting the use of a speed-measuring device. 41ESeizure of vehicles [Section 41E Inserted by No. 40 of 2009, s. 8, Applied:30 Nov 2009] (1) A police officer may seize a vehicle and remove it to a place of safe storage if – (a) it is obstructing access to or from adjacent land; or (b) the officer reasonably believes that it has been abandoned; or (c) the officer reasonably believes that it has been left in a dangerous position; or (d) it has been involved in an accident and the officer reasonably considers that it may need to be examined, or used as evidence, in any proceedings under this Act. (2) In this section – adjacent land means adjacent land within the meaning of the Road Rules. 41FDisposal of seized vehicles [Section 41F Inserted by No. 40 of 2009, s. 8, Applied:30 Nov 2009] (1) This section applies to a vehicle that has been seized under section 41E. (2) The registered operator of the vehicle is liable to pay the reasonable expenses of removing and storing the vehicle. (3) The Commissioner of Police must, as soon as practicable after the seizure, cause reasonable steps to be taken to inform the registered operator of the seizure, and the provisions of this section. (4) If the registered operator is informed of the seizure and does not claim the vehicle and pay the expenses within one month after the date of being so informed, the Commissioner of Police may cause the vehicle to be – (a) sold privately or by auction or public tender and use any money received from the sale to defray the expenses; or (b) disposed of in such manner as the Commissioner of Police thinks fit if he or she reasonably considers that the vehicle could not be sold for an amount greater than the amount of the expenses. (5) If reasonable steps to locate the registered operator have been unsuccessful, the Commissioner of Police may act under subsection (4)(a) or (b) after the expiration of the period of one month from the date of seizure. (6) [Section 41F Subsection (6) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] If the proceeds of a sale under this section exceed the amount of the expenses, the Commissioner of Police is to hold the balance for a period of 3 months from the date of sale and, if the balance is not claimed by the registered operator during that period, pay the balance into the Public Account. 41GHazardous lights and reflectors [Section 41G Inserted by No. 40 of 2009, s. 8, Applied:30 Nov 2009] (1) A person must not, without lawful excuse, display on or near a road a light or reflector that does, or is likely to do, any of the following: (a) be reasonably mistaken by a driver for the flashing light of an emergency vehicle; (b) dazzle or distract a driver; (c) mislead or confuse a driver; (d) interfere with the operation or effectiveness of any traffic lights, traffic arrows or overhead lane control signals. Penalty: Fine not exceeding 10 penalty units. (2) A person must not display a light or reflector on or near a road if the person has been given written notice by the Commission that the light or reflector constitutes a traffic hazard.Penalty: Fine not exceeding 20 penalty units. (3) A police officer or authorised officer who reasonably considers that a person is committing an offence under subsection (1) or (2) may direct that person or any employee or agent of that person to adjust, disconnect, move or cover the light or reflector so that it no longer constitutes a traffic hazard. (4) A person must obey a direction given to the person under subsection (3) .Penalty: Fine not exceeding 20 penalty units. (5) If a person disobeys a direction given to the person under subsection (3), the police officer or authorised officer who gave the direction may, doing as little damage as possible in the circumstances, take such action as the police officer or authorised officer reasonably considers necessary in the circumstances to eliminate the traffic hazard posed by the light or reflector and may, for that purpose, enter the premises. (6) In this section – emergency vehicle means an emergency vehicle within the meaning of the Road Rules; overhead lane control signals means overhead lane control signals within the meaning of the Road Rules; traffic arrows means traffic arrows within the meaning of the Road Rules; traffic lights means traffic lights within the meaning of the Road Rules. 41HObscuring traffic control devices [Section 41H Inserted by No. 40 of 2009, s. 8, Applied:30 Nov 2009] (1) A person must not, without lawful excuse, place or display anything on or near a road that – (a) obscures a traffic control device; or (b) interferes with the operation or effectiveness of a traffic control device; or (c) prevents, or is likely to prevent, a driver approaching or at a traffic control device from clearly seeing that traffic control device. Penalty: Fine not exceeding 20 penalty units. (2) In this section – traffic control device means a traffic control device within the meaning of the Road Rules. 41ITampering with traffic control devices [Section 41I Inserted by No. 40 of 2009, s. 8, Applied:30 Nov 2009] (1) A person must not, without lawful excuse – (a) alter, deface or obscure a traffic control device; or (b) damage, dismantle or destroy a traffic control device; or (c) remove a traffic control device from the place where it has been lawfully placed or erected. Penalty: Fine not exceeding 40 penalty units. (2) In this section – traffic control device has the same meaning as in section 41H. 41JUnlawful road markings [Section 41J Inserted by No. 40 of 2009, s. 8, Applied:30 Nov 2009] (1) A person must not, without lawful excuse, mark or otherwise place on a road anything that purports to be a road marking.Penalty: Fine not exceeding 20 penalty units. (2) In this section – mark means mark by the use of paint, tape or other means; paint includes wash and chalk; road marking means a road marking within the meaning of the Road Rules. 42Use of loudspeakers on or from vehicles [Section 42 Amended by 25 Geo. V No. 78 ][Section 42 Amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 42 Repealed by No. 104 of 2001, s. 15, Applied:01 Jan 2002] [Section 42 Inserted by No. 40 of 2009, s. 8, Applied:30 Nov 2009] (1) A person must not use a loudspeaker on or from a vehicle unless – (a) the person has a permit to do so; or (b) the person is a police officer, emergency worker or transport inspector acting in the course of his or her duty as a police officer, emergency worker or transport inspector. Penalty: Fine not exceeding 10 penalty units. (2) Permits for this section are issued by senior police officers and any person may apply in writing for such a permit. (3) In determining whether or not to grant an application for a permit, a senior police officer – (a) must consider the safety and convenience of the public and, if applicable, the arrangements made for the safety and convenience of participants in the relevant activity; and (b) must, if the relevant activity is of a political character, have regard to the principle that people should be free to engage in lawful political activities; and (c) may have regard to such other considerations as appear relevant in the circumstances. (4) A permit – (a) is to be in such form as the senior police officer issuing it considers appropriate in the circumstances; and (b) may be issued only for a specific date or dates, or for a specific period not exceeding 10 days; and (c) may be made subject to such reasonable conditions as the issuing officer considers necessary or expedient in the interests of public safety; and (d) must specify the name of the permit holder and the name, or a description, of the relevant activity; and (e) must also specify the location or, if applicable, route of the relevant activity and the date, dates or period when it will be held. (5) A permit – (a) may be surrendered but is not capable of being amended, renewed or transferred; and (b) is not a defence to an action or indictment for nuisance. (6) The holder of a permit must not contravene a condition of the permit.Penalty: Fine not exceeding 10 penalty units. (7) The holder of a permit must immediately produce it to a police officer on demand.Penalty: Fine not exceeding 10 penalty units. (8) In this section – emergency worker means an emergency worker within the meaning of the Road Rules; relevant activity means the fundraising, political or other activity for which a person proposes to use a loudspeaker on or from a vehicle; transport inspector means an authorised officer who has been identified as a transport inspector by the Commission. 43Removal of things obstructing public streets [Section 43 Amended by 25 Geo. V No. 78 ][Section 43 Amended by No. 36 of 1958, s. 4 and Sched. 5 ][Section 43 Substituted by No. 104 of 2001, s. 16, Applied:01 Jan 2002] (1) In this section – article includes rubbish and goods, but does not include a vehicle; authorised person means – (a) in the case of a public street anywhere in the State, a police officer; or (b) in the case of a public street in a municipal area, a person who is an employee or agent of the responsible council and has the approval of that council to exercise power under this section within that area; relevant authority means – (a) in relation to an authorised person who is a police officer, the Commissioner of Police; or (b) in relation to an authorised person who is an employee or agent of a council, that council. (2) If an article is placed or left in a public street to the obstruction, annoyance or danger of road users, nearby residents or other persons, an authorised person may – (a) remove the article or cause it to be removed; and (b) take the article, or cause it to be taken, to a place of safety; and (c) detain the article, or cause it to be detained, until the expenses of removing, taking and detaining it are paid to the relevant authority. (3) The relevant authority must, as soon as practicable after the removal, take reasonable steps to inform the article’s owner of the action taken and the terms of this section. (4) If – (a) reasonable steps to inform the owner within 30 days after the date of removal prove unsuccessful; or (b) the owner is informed of the removal within those 30 days but does not pay the required expenses within 14 days after the date of being so informed – the relevant authority may cause the article to be disposed of in such manner as the authority sees fit and use the proceeds, if any, to defray those expenses. (5) If the proceeds of disposal exceed the amount of the expenses, the relevant authority must hold those balance proceeds for a period of 3 months from the date of disposal and, if not claimed by the owner during that period – (a) [Section 43 Subsection (5) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] pay the balance into the Public Account if the relevant authority is the Commissioner of Police; or (b) dispose of the balance as the relevant authority sees fit if it is a council. 43APART IVAThe Demerit Points System43AA43B43C43D43DA43DB43E43EA43EB43FPART IVBTraffic Infringement NoticesDivision 1Notices of demand43GNotice of demand [Section 43G Repealed by No. 34 of 1987, s. 10 ][Section 43G Inserted by No. 27 of 2004, s. 5, Applied:03 Dec 2007] (1) [Section 43G Subsection (1) amended by No. 27 of 2022, s. 15, Applied:23 Jun 2023] [Section 43G Subsection (1) amended by No. 45 of 2016, s. 4, Applied:31 Oct 2016] An issuing authority may serve a notice of demand on the registered operator of a vehicle if the issuing authority is satisfied that the driver of that vehicle committed a traffic offence. (2) A notice of demand is to – (a) indicate the offence to which it relates; and (b) specify the registration number of the vehicle that was involved in the offence; and (c) [Section 43G Subsection (2) amended by No. 45 of 2016, s. 4, Applied:31 Oct 2016] [Section 43G Subsection (2) amended by No. 27 of 2022, s. 15, Applied:23 Jun 2023] specify that the registered operator is to provide to the issuing authority specified on the notice, within 14 days after the registered operator is served with the notice, a statutory declaration stating the name, address and, if known, the date of birth and driver licence number of the driver of the vehicle at the time the offence was committed. (3) A registered operator must comply with the notice of demand.Penalty: Fine not exceeding 40 penalty units. 43GAStatutory declaration naming driver [Section 43GA Inserted by No. 27 of 2004, s. 5, Applied:03 Dec 2007] (1) A registered operator providing a statutory declaration naming the driver of a vehicle under section 43G(2)(c) is to – (a) state in the statutory declaration his or her full name and address; and (b) state the name, address and, if known, the date of birth and driver licence number of the driver of the vehicle at the time the offence took place. (2) A statutory declaration provided under section 43G(2)(c) and naming the driver is prima facie evidence that the person named in the statutory declaration as the driver of the vehicle at the time of the offence was the driver of the vehicle at that time. 43GBWithdrawal of notice of demand [Section 43GB Inserted by No. 27 of 2004, s. 5, Applied:03 Dec 2007] (1) A notice of demand that has been served on a registered operator may, whether or not the registered operator has provided a statutory declaration in accordance with the notice, be withdrawn. (2) [Section 43GB Subsection (2) substituted by No. 45 of 2016, s. 5, Applied:31 Oct 2016] For the purposes of subsection (1), a notice of demand is to be withdrawn – (a) [Section 43GB Subsection (2) amended by No. 27 of 2022, s. 16, Applied:23 Jun 2023] in the case of a notice of demand served on a registered operator by the Police Service or a police officer, by the service on that registered operator of a withdrawal notice in a form approved by the Commissioner of Police and signed by a police officer; and (b) in the case of a notice of demand served on a registered operator by an authorised officer, by the service on that registered operator of a withdrawal notice in a form approved by the Commissioner of Police and signed by an authorised officer. (3) If a notice of demand is withdrawn section 43G(3) does not apply. 43GCSuspension of registration on non-compliance with notice of demand [Section 43GC Inserted by No. 27 of 2004, s. 5, Applied:03 Dec 2007] [Section 43GC Substituted by No. 27 of 2008, Sched. 1, Applied:28 Apr 2008] (1) In this section – non-complying registered operator means a body corporate that has – (a) been taken to have been convicted in accordance with section 20 of the Monetary Penalties Enforcement Act 2005 of an offence under section 43G(3) in respect of non-compliance with a notice of demand; or (b) been convicted of that offence by a court. (2) If a non-complying registered operator is convicted, or taken to have been convicted, of an offence, then, by that conviction, the registration of the vehicle specified in the notice of demand is suspended for a period of 14 days starting on the date specified in a notice of suspension served on the registered operator of the vehicle by the Registrar of Motor Vehicles. (3) If – (a) in the normal course of events, the period of registration of the vehicle referred to in subsection (2) would end, and therefore would need to be renewed, within the 14-day period specified in the notice of suspension – (i) the registration of that vehicle is suspended for that part of that 14-day period during which the registration continues; and (ii) the registration of that vehicle may not be renewed until that 14-day period has ended; or (b) the vehicle is not registered, that vehicle may not be registered, or the registration of that vehicle may not be renewed, until that 14-day period has ended. (4) The penalties imposed by subsection (2) in respect of an offence under section 43G(3) are in addition to any other penalty imposed under this Act in respect of that offence. Division 2[Division 2 of Part IVB Heading inserted by No. 27 of 2004, s. 6, Applied:03 Dec 2007] Traffic infringement notices43HTraffic infringement notices [Section 43H Inserted by No. 50 of 1971, s. 4 ][Section 43H Subsection (1) amended by No. 34 of 1987, s. 11 ][Section 43H Amended by No. 41 of 1987, s. 6 ][Section 43H Amended by No. 34 of 1987, s. 11 ][Section 43H Amended by No. 41 of 1987, s. 6 ] (1) [Section 43H Subsection (1) amended by No. 27 of 2022, s. 17, Applied:23 Jun 2023] [Section 43H Subsection (1) amended by No. 76 of 1979, s. 5 ] Where an issuing authority is satisfied that a person has committed a prescribed offence or offences the issuing authority may serve on that person a notice (in this Act referred to as a "traffic infringement notice") in respect of that offence or those offences. (1A) [Section 43H Subsection (1A) inserted by No. 96 of 1976, s. 13 ][Section 43H Subsection (1A) omitted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] . . . . . . . . (2) [Section 43H Subsection (2) substituted by No. 34 of 1987, s. 11 ][Section 43H Subsection (2) substituted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] Where proceedings under section 39(2) of the Monetary Penalties Enforcement Act 2005 are brought against a person for an offence set out in a traffic infringement notice, he or she is not entitled to dispute the date of service of the notice unless, within 21 days after the date of service of the complaint and summons, he or she has submitted a defence to the complaint and summons including notice of his or her intention to dispute that date. (3) [Section 43H Subsection (3) substituted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] A traffic infringement notice is to specify the number of demerit points, if any, in respect of the offence or offences to which the notice relates. (4) [Section 43H Subsection (4) amended by No. 10 of 1978, s. 2 ][Section 43H Subsection (4) substituted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] A traffic infringement notice is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005. (4A) [Section 43H Subsection (4A) inserted by No. 10 of 1978, s. 2 ][Section 43H Subsection (4A) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] . . . . . . . . (5) [Section 43H Subsection (5) amended by No. 10 of 1978, s. 2 ][Section 43H Subsection (5) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] . . . . . . . . (5A) [Section 43H Subsection (5A) inserted by No. 86 of 1995, s. 9 ][Section 43H Subsection (5A) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] . . . . . . . . (5B) [Section 43H Subsection (5B) inserted by No. 86 of 1995, s. 9 ][Section 43H Subsection (5B) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] . . . . . . . . (6) [Section 43H Subsection (6) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] . . . . . . . . (6A) [Section 43H Subsection (6A) amended by No. 10 of 2008, s. 12, Applied:25 Aug 2008] [Section 43H Subsection (6A) inserted by No. 96 of 1976, s. 13 ][Section 43H Subsection (6A) substituted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] A traffic infringement notice served on a person who holds a learner licence (and no other Australian driver licence of a different type) is of no effect (and accordingly any sum paid under a traffic infringement notice by a person who held such a licence when the notice was served must be refunded), unless the offence to which the notice relates is a prescribed offence. (a) [Section 43H Subsection (6A) amended by No. 10 of 2008, s. 12, Applied:25 Aug 2008] . . . . . . . . (b) [Section 43H Subsection (6A) amended by No. 10 of 2008, s. 12, Applied:25 Aug 2008] . . . . . . . . (7) [Section 43H Subsection (7) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] . . . . . . . . (8) [Section 43H Subsection (8) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] . . . . . . . . 43HANotification of driver by statutory declaration [Section 43HA Inserted by No. 86 of 1995, s. 10 ][Section 43HA Substituted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] (1) [Section 43HA Subsection (1) amended by No. 27 of 2022, s. 18, Applied:23 Jun 2023] Where a person on whom a traffic infringement notice has been served under section 43H provides, within 28 days following service of the notice, a statutory declaration to the issuing authority specified on the notice stating the name and address of the person who was in charge of the vehicle at all relevant times relating to the alleged offence, the statutory declaration, if produced in any proceedings against the person named in the declaration and in respect of the offence to which the declaration relates, is evidence – (a) in the case of a parking offence, that the person named in the declaration was in charge of the vehicle at all times relevant to that offence; or (b) in the case of any other prescribed offence, that the person named in the declaration was the driver of the vehicle at the time when the offence occurred. (2) A statutory declaration made in accordance with this section is to be treated as an application for withdrawal of the traffic infringement notice under section 23(1)(a) or 24(1)(a) of the Monetary Penalties Enforcement Act 2005. 43HBBodies corporate [Section 43HB Inserted by No. 86 of 1995, s. 10 ][Section 43HB Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 43HB Substituted by No. 27 of 2004, s. 7, Applied:03 Dec 2007] A traffic infringement notice may be served on a body corporate. 43J43K43LService of notices [Section 43L Inserted by No. 50 of 1971, s. 4 ][Section 43L Subsection (1) amended by No. 34 of 1987, s. 13 ][Section 43L Subsection (1) amended by No. 41 of 1987, s. 9 ][Section 43L Subsection (1) amended by No. 54 of 1992, s. 7 ][Section 43L Substituted by No. 86 of 1995, s. 11 ][Section 43L Amended by No. 41 of 1987, s. 9 ] (1) [Section 43L Subsection (1) amended by No. 27 of 2004, s. 8, Applied:03 Dec 2007] [Section 43L Subsection (1) amended by No. 76 of 1979, s. 6 ][Section 43L Subsection (1) substituted by No. 104 of 2001, s. 17, Applied:01 Jan 2002] A traffic infringement notice or notice of demand may be served – (a) by fixing it to the vehicle or other thing in respect of which the offence occurred; or (b) by personal delivery; or (c) by post. (1AA) [Section 43L Subsection (1AA) amended by No. 27 of 2022, s. 19, Applied:23 Jun 2023] [Section 43L Subsection (1AA) inserted by No. 54 of 1992, s. 7 ][Section 43L Subsection (1AA) substituted by No. 67 of 2001, s. 5, Applied:01 Dec 2001] Where a traffic infringement notice relates to a red light offence, speeding offence, portable device offence, seatbelt offence or registration offence and the offence has been detected by means of a photographic detection device – (a) the notice is to be served within 21 days after the commission of the offence; and (b) if the notice is not served within that period, no prosecution may be brought in respect of the offence. (1AAA) [Section 43L Subsection (1AAA) inserted by No. 27 of 2004, s. 8, Applied:03 Dec 2007] For the purposes of subsection (1AA)(b), if a notice of demand is served within the 21-day period referred to in subsection (1AA)(a), a traffic infringement notice is taken to have been served within that period. (1AAB) [Section 43L Subsection (1AAB) amended by No. 27 of 2004, s. 8, Applied:03 Dec 2007] [Section 43L Subsection (1AAB) inserted by No. 104 of 2001, s. 17, Applied:01 Jan 2002] A traffic infringement notice to which subsection (1AA) applies or a notice of demand served under subsection (1AAA) is taken to have been effectively served on a person by post within a 21 day period if the notice is actually posted to the person before the period expires. (1AB) [Section 43L Subsection (1AB) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 43L Subsection (1AB) inserted by No. 54 of 1992, s. 7 ][Section 43L Subsection (1AB) omitted by No. 67 of 2001, s. 5, Applied:01 Dec 2001] . . . . . . . . (1A) [Section 43L Subsection (1A) inserted by No. 41 of 1987, s. 9 ]. . . . . . . . (1B) [Section 43L Subsection (1B) amended by No. 71 of 1999, s. 11, Applied:24 Nov 1999] [Section 43L Subsection (1B) inserted by No. 41 of 1987, s. 9 ] A person who removes a traffic infringement notice affixed to a vehicle or other thing under subsection (1) so that its contents do not become known to the person in charge of the vehicle is guilty of an offence and is liable on summary conviction to a penalty not exceeding 2 penalty units.