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ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - As at 1 July 2013 - Act 20 of 1999

- As at 1 July 2013 - Act 20 of 1999

Table of Provisions

PART 1 - PRELIMINARY

Note
  • 1 Name of Act
  • 2 Commencement
  • 3 Objects of Act
  • 4 Definitions
  • 5 Act to bind Crown
  • 6 Application of Commonwealth Acts Interpretation Act
  • 7 Notes

PART 2 - ALCOHOL AND OTHER DRUG USE

Division 1 - Interpretation

  • 8 General definitions
  • 8A Prescribed concentrations of alcohol
  • 8B Measurement of alcohol concentrations

Division 1AA - Offences involving prescribed concentrations of alcohol

  • 9 Presence of prescribed concentration of alcohol in person's breath or blood
  • 10 Alternative verdicts for lesser offences
  • 11 Presence of higher concentration of alcohol not defence
  • 11A Defence for offence relating to novice range prescribed concentration of alcohol

Division 1A - Offences involving certain drugs (other than alcohol) in oral fluid, blood or urine

  • 11B Presence of certain drugs (other than alcohol) in oral fluid, blood or urine

Division 2 - Offences involving driving under the influence of alcohol or other drug

  • 12 Use or attempted use of a vehicle under the influence of alcohol or any other drug

Division 3 - Random breath testing and breath analysis

  • 13 Power to conduct random breath testing
  • 14 Arrest following failed breath test
  • 15 Breath analysis following arrest
  • 16 Offence--wilfully altering alcohol concentration following request for breath test or breath analysis
  • 17 When breath test or breath analysis not permitted
  • 18 Procedure to be followed after breath analysis

Division 3A - Random oral fluid testing for prescribed illicit drugs

  • 18A Definitions
  • 18B Power to conduct random oral fluid testing
  • 18C Arrest following failed oral fluid test or refusal or inability to undergo test
  • 18D Providing an oral fluid sample for oral fluid analysis following arrest
  • 18E Taking blood sample following arrest
  • 18F When oral fluid test or sampling not permitted
  • 18G Offences related to testing and sampling for drugs
  • 18H Prohibited analysis

Division 4 - Blood analysis of accident patients following accidents

  • 19 Hospitals to which this Division applies
  • 20 Blood samples to be taken in hospitals from accident patients
  • 21 Offence--failure to take blood sample
  • 22 Offence--hindering or obstructing health professional taking blood sample
  • 23 Analysis of samples of blood taken under this Division
  • 24 Supervisee may perform functions of medical practitioner under this Division

Division 4A - Blood and urine analysis of persons who are not accident patients following fatal accidents

  • 24A Power to arrest persons involved in fatal accidents for blood and urine tests
  • 24B Procedure for taking samples following arrest
  • 24C When taking of samples not permitted
  • 24D Offences related to testing for drugs

Division 5 - Sobriety assessments and related drug analysis

  • 25 Police officer may require sobriety assessment
  • 26 Arrest following failure to submit to (or pass) sobriety assessment
  • 27 Procedure for taking samples following arrest
  • 28 When sobriety assessment and taking of samples not permitted
  • 29 Offences related to sobriety assessments and testing for drugs

Division 6 - Detention of vehicle for safe-keeping

30. (Repealed)
  • 31 Detention of vehicle in certain cases

Division 7 - Evidentiary and other procedural matters

  • 32 Evidence of alcohol concentration revealed by breath or blood analysis in proceedings for offence under section 9
  • 33 Certificate evidence about breath or blood analysis in proceedings for offences under section 9
  • 33A Evidence of presence of prescribed illicit drug revealed by oral fluid analysis in proceedings for offence under section 11B
  • 33B Certificate evidence about oral fluid analysis in proceedings for offences under section 11B
  • 33C Evidence of presence of drug revealed by blood or urine analysis in proceedings for offence under section 11B
  • 33D Certificate evidence about blood or urine analysis in proceedings for offences under section 11B
  • 34 Evidence of drugs revealed by blood or urine analysis in proceedings for offence under section 12
  • 35 Certificate evidence about blood or urine analysis in proceedings for offences under section 12
  • 36 Certificate evidence may specify minimum concentrations
  • 37 Evidence of breath test, breath analysis, oral fluid test, oral fluid analysis or blood or urine analysis and related facts not admissible in insurance cases to prove intoxication or drug use
  • 38 Double jeopardy in relation to alcohol and other drug offences

Division 8 - Personal liability of sample takers

  • 39 Personal liability for good faith taking of samples

Division 9 - Random breath and oral fluid testing at same time

  • 39A Police may conduct random breath and oral fluid testing at same time

PART 3 - SPEEDING AND OTHER DANGEROUS DRIVING

Division 1 - Speeding and other dangerous driving offences

  • 40 Races, attempts on speed records and other speed trials
  • 41 Conduct associated with road and drag racing and other activities
  • 42 Negligent, furious or reckless driving
  • 43 Menacing driving

Division 2 - Speed measurement

  • 43A Average speed of heavy vehicle is evidence of actual speed in certain circumstances
  • 44 Approved speed measuring devices
  • 45 Approved camera recording devices
  • 46 Certificates concerning use of approved speed measuring devices
  • 47 Photographic evidence of speeding offences
  • 47A Approved average speed detection devices
  • 47B Photographic evidence for use in proceedings involving average speed
  • 48 Sale, purchase or use of prohibited speed measuring evasion articles
  • 49 Surrender and forfeiture of prohibited speed measuring evasion articles

PART 4 - TRAFFIC CONTROL DEVICES

Division 1 - Installation, display and removal of prescribed traffic control devices

  • 50 Interpretation
  • 51 Appropriate authority for the purposes of this Division
  • 52 Unauthorised prescribed traffic control devices
  • 53 Removal of unauthorised prescribed traffic control devices
  • 54 Cost of removal of prescribed traffic control device
  • 55 Prescribed traffic control devices presumed to be lawfully installed or displayed except for purposes of section 52

Division 2 - Monitoring of traffic light offences

  • 56 Approved camera detection device
  • 57 Photographic evidence of traffic light offences

Division 3 - Monitoring of public transport lane offences

  • 57A Approved traffic lane camera devices
  • 57B Photographic evidence of public transport lane offences

Division 4 - Approval of devices to detect several kinds of traffic offences

  • 57C Approval of devices for multiple detection functions

PART 5 - VEHICLE SAFETY AND ACCIDENTS

Division 1 - Offences relating to unsafe loads

  • 58 Unsafe loads

Division 2 - Monitoring of heavy vehicles and vehicles carrying dangerous goods

  • 59 Definitions
  • 60 Application of this Division
  • 61 Vehicles to be fitted with monitoring devices in working order
  • 62 Vehicle movement record to be preserved
  • 63 Vehicle movement record to be carried by driver
  • 64 Inspection of monitoring devices and records carried on vehicles
  • 65 Seizure of monitoring devices and records
  • 66 Production of records by responsible persons
  • 67 Tampering with monitoring devices or vehicle movement records
  • 68 Exemptions
  • 69 Evidence of vehicle movement record

Division 2A - Speed limiting of heavy vehicles

  • 69A Definitions
  • 69B Application of Division
  • 69C Vehicles to be speed limited
  • 69D Certificate evidence of speed limiter compliance
  • 69E Photographic evidence of speed of vehicle
  • 69F Liability of offender for speed offence and giving of evidence of speed unaffected

Division 3 - Duties of participants and others involved in road accidents

  • 70 Offence of failing to stop and assist after impact causing injury

PART 6 - MISCELLANEOUS

  • 71 Regulations
  • 72 Regulations may exclude vehicles, persons and animals from this Act and the regulations
  • 72A Rules
  • 73 Use of samples for accident research
  • 73A Rebuttal of evidence of matters of specialised knowledge
  • 74. (Repealed)
  • 75 Removal of dangers and obstructions to traffic
  • 76 Removal of unattended motor vehicles or trailers from certain places
  • 76A Removal of vehicles--incidental provisions relating to towing
  • 77 Unpaid fees or charges
  • 78 Savings, transitional and other provisions
  • 79 Review of Act

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