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This is a Bill, not an Act. For current law, see the Acts databases.
TRANSPORT LEGISLATION (ROAD SAFETY) AMENDMENT BILL 2007
Serial 98
Transport Legislation
(Road Safety) Amendment Bill 2007
Ms
Lawrie
AN ACT
to
amend or repeal various legislation administered by the
Minister for Infrastructure and
Transport
NORTHERN TERRITORY OF
AUSTRALIA
TRANSPORT LEGISLATION (ROAD SAFETY) AMENDMENT
ACT 2007
____________________
Act No. [ ] of 2007
____________________
TABLE OF PROVISIONS
Section
NORTHERN TERRITORY OF
AUSTRALIA
____________________
Act No. [ ] of 2007
____________________
AN ACT
to
amend or repeal various legislation administered by the
Minister for Infrastructure and
Transport
[Assented to [ ]
2007]
[Second reading [ ]
2007]
The Legislative Assembly of the Northern Territory enacts
as follows:
PART
1 – PRELIMINARY MATTERS
Short title
This Act may be cited as the Transport Legislation (Road
Safety) Amendment Act 2007.
Commencement
This Act commences on the date fixed by the Administrator
by Gazette notice.
PART
2 – AMENDMENT OF MOTOR VEHICLES
ACT
Act amended
This Part amends the Motor Vehicles
Act.
Amendment of section 5 (Interpretation)
Section 5(1)
insert (in alphabetical order)
"learner licence", see section 9;
Repeal and substitution of section 9
Section 9
repeal, substitute
(1) A learner licence permits the holder of the licence to
learn to drive a vehicle of a class specified in the licence.
(2) A learner licence is valid for 2 years from the
date of grant.
(3) An application for a learner licence must be
accompanied by the prescribed fee.
(4) The Registrar may grant a learner licence to an
applicant who has attained the age of 16 years and who satisfies the Registrar
he or she understands the laws in force relating to the regulation of road
traffic.
Amendment of section 10 (Granting of
licences)
(1) Section 10(1)
omit, substitute
(1) The Registrar may, on application by a person, grant
the person a licence to drive a motor vehicle (other than a commercial passenger
vehicle or heavy vehicle) of the class specified in the licence
if:
(a) the person has previously held, in the Territory or
elsewhere, a licence to drive that class of vehicle; or
(b) the person is the holder of a learner licence and the
person satisfies the Registrar that the person:
(i) is capable of driving a motor vehicle of that class
with safety to the public; and
(ii) is able to understand the notices, signs and devices
in use from time to time for the regulation of road traffic.
(1A) If the learner licence was granted after the
commencement of this section, the Registrar must not grant the licence under
subsection (1) unless the person has held the learner licence for a
continuous period of not less than 6 months immediately before the
grant.
(1B) The Registrar may, from time to time, renew a licence
granted under subsection (1).
(2) Section 10(2)
omit
any person who satisfies him that he is not less than 18
years of age,
substitute
a person who satisfies the Registrar that the person is not
less than 18 years and 6 months of age,
(3) Section 10(4)
omit
(not being a permit licence)
substitute
(not being a learner licence)
Repeal and substitution of section 10A
Section 10A
repeal, substitute
10A. Provisional
period of licence
(1) If a person:
(a) applies for a licence under section 10;
and
(b) has not held, continuously for the relevant period, a
licence to drive a motor vehicle;
a licence granted to the person by the Registrar under that
section is provisional only until the end of the relevant
period.
(2) The relevant period is as follows:
(a) if the person, at the beginning of the relevant period,
is below the age of 25 years – 2 years;
(b) if the person, at the beginning of the relevant period,
is 25 years of age or older – 12 months.
Note
Subsections (1) and (2) apply in relation to a licence granted after the
commencement of this section. A licence granted under section 10 before the
commencement of this section is provisional for the period that applied at the
time of grant.
(3) The relevant period can be comprised of any of the
following:
(a) a period of holding a licence in the
Territory;
(b) a period of holding a licence in another
jurisdiction;
(c) a continuous series of periods mentioned in paragraphs
(a) and (b).
(4) If, while a licence is provisional, the licence is
suspended, the provisional period is extended by the period for which the
licence was suspended.
(5) If, while a licence is provisional, the licence is
cancelled and (after any disqualification period) the former holder of the
licence applies for a new licence, the new licence is provisional for the
relevant period (to be determined according to the person's age at the time of
grant of the new licence).
(6) In this section:
"licence" does not include a learner licence or the
equivalent in another jurisdiction.
Amendment of section 11 (Physical or mental incapacity
or unfitness to hold licence or permit)
(1) Section 11, heading
omit
or permit
(2) Section 11(2)
omit, substitute
(2) If the Registrar considers an applicant for, or the
holder of, a licence to drive a motor vehicle (including a learner licence) may
be:
(a) physically or mentally incapable of driving a motor
vehicle with safety to the public; or
(b) otherwise physically or mentally unfit to be
licensed;
the Registrar may require the person to be medically
examined by a medical testing officer.
Amendment of section 14 (Form of registration certificate or
licence)
Section 14(3) and (4)
omit, substitute
(3) A licence to drive a motor vehicle (including a learner
licence) must be in an approved form.
Amendment of section 103 (Duration of certificates and
licences)
(1) Section 103, heading
omit
certificates
substitute
registration
(2) Section 103(1)
omit
(except a permit licence, a licence under section 10
or a licence under section 137)
(3) Section 103(1A), (1B) and (1D)
omit
(4) Section 103(5)
omit
(other than a licence to drive a motor
vehicle)
(5) After section 103(5)
insert
(6) In this section:
"licence" does not include a learner licence, a licence
under section 10 or a licence under section 137.
New section 104
After section 103
insert
104. Duration
of licences may be shorter
(1) An applicant for a licence or renewal of a licence
under section 10 may request that the licence be granted or renewed for the
prescribed period or a shorter period (being not less than 12
months).
(2) If the Registrar grants or renews a licence under
section 10, the Registrar must endorse the licence to the effect that it is
in force for:
(a) the prescribed period or a shorter period specified in
the application; or
(b) a period the Registrar considers appropriate, having
regard to:
(i) the applicant's age; and
(ii) any mental or physical condition, disorder or
disability of the applicant; and
(iii) the applicant's driving record, including any previous
offences relating to the use of a motor vehicle; and
(iv) any other matter which, in the opinion of the
Registrar, may assist in determining the suitability of the applicant to drive a
motor vehicle.
(3) A licence endorsed under subsection (2), unless
cancelled or suspended, is in force for the period specified in the
endorsement.
PART
3 – AMENDMENT OF TRAFFIC
ACT
Act amended
This Part amends the Traffic Act.
Amendment of section 3 (Interpretation)
Section 3(1)
insert (in alphabetical order)
"health centre" means a health centre within the meaning of
the Medical Services Act;
"qualified person" means a person who has been
satisfactorily trained to take samples of blood from persons by a registered
training organisation within the meaning of the "Australian Quality Training
Framework – Standards for Registered Training Organisations", published by
the Australian National Training Authority established under section 5 of
the Australian National Training Authority Act 1992 (Cth), as in force
from time to time;
"registered nurse" means a registered nurse who has a right
of practice under the Health Practitioners Act;
Amendment of section 20A (Immediate suspension
offence)
(1) Section 20A(1)(a)
omit
(1) or (2)
(2) After section 20A(1)
insert
(1A) For determining under subsection (1)(a) whether
an offence is a second or subsequent offence against section 19:
(a) all previous offences against section 19(1) or (2)
will be taken into account; and
(b) a previous offence against another provision of
section 19 will be taken into account if:
(i) it was committed after the commencement of this
subsection; and
(ii) it was committed within 3 years before the
offence in question; and
(c) an offence is taken to have been committed if an
infringement notice has been issued in relation to the alleged offence and not
withdrawn.
Amendment of section 22 (Results of breath analysis or
blood test)
(1) Section 22(1)
omit
2 hours
substitute
4 hours
(2) Section 22(2)
omit
hospital
substitute
hospital or health centre
(3) Section 22(2)(b)
omit
section 25(1),
substitute
section 26(2);
Amendment of section 23 (Requirement to submit to breath
test)
Section 23(11)(a)(i) and (b)
omit
2 hours
substitute
4 hours
Amendment of section 24 (Right to communicate with
medical practitioner)
Section 24(1)(b)
omit
blood.
substitute
blood or arrange for a sample of the person's blood to be
taken by another medical practitioner, a registered nurse or a qualified
person.
Repeal and substitution of sections 25 and 26
Sections 25 and 26
repeal, substitute
25. Police
may require person to give sample of blood
(1) This section applies if a police officer does not
require a person to submit to a breath test or breath analysis for a reason
mentioned in section 23(11)(a).
(2) If the officer reasonably believes that the
concentration of alcohol in the person's blood is such that the person has
committed an offence against this Act, the officer or another police officer may
require the person to give a sample of blood for the purposes of having a blood
test carried out by an authorised analyst.
(3) If a person is required under this section to give a
sample of blood, a police officer must make arrangements for the person to be
taken to a hospital or health centre for a sample of the person's blood to be
taken.
(4) If the person is to be taken to a health centre, the
police officer making the arrangements must ensure there is a medical
practitioner, a registered nurse or a qualified person at the health centre who
is available and willing to take the sample.
(1) A sample of blood may be taken for this Act, from a
person taken to a hospital or a health centre under section 25(3), or from
a person who has apparently attained the age of 15 years and who enters a
hospital or health centre for examination or treatment of injuries which may
have been received in a motor vehicle accident:
(a) at a hospital – by a medical practitioner, a
registered nurse or a member of the staff of the hospital who is under the
direct supervision of a medical practitioner or registered nurse;
and
(b) at a health centre – by a medical
practitioner, a registered nurse or a qualified person.
(2) If a person is taken to a hospital under
section 25, the person in charge of the hospital must ensure a sample of
the person's blood is taken as soon as practicable.
(3) The Minister responsible for administering hospitals in
the Territory must ensure that, for the purpose of having a blood test carried
out by an authorised analyst, a sample of blood is taken as soon as practicable
from each person who has apparently attained the age of 15 years who enters
a hospital for examination or treatment of injuries which may have been received
in a motor vehicle accident.
(4) For subsection (3), a medical practitioner,
registered nurse or a member of the staff of a hospital who is under the direct
supervision of a medical practitioner or registered nurse may:
(a) take a sample of the blood of a person who is
unconscious or apparently incapable of consenting to the giving of the sample;
or
(b) require a person to give a sample of
blood.
(5) However, a member of the staff of a hospital or a
health centre is not required to take a sample of the person's blood if the
member of staff believes on reasonable grounds that:
(a) the concentration of alcohol in the person's blood is
already known; or
(b) the taking of the sample would be detrimental to the
person's medical condition; or
(c) the injuries of the person were not received in a motor
vehicle accident or the motor vehicle accident happened more than 12 hours
before the person entered the hospital or health centre; or
(d) a period of more than 4 hours has elapsed since the
person entered the hospital or health centre.
(6) A blood sample taken under this section is the property
of the Commissioner.
(7) However, the person who takes the sample may make
approximately half of the sample available to the person from whom it was
taken.
(8) No action or proceedings for assault, whether in or
outside the Territory, lie against a person who takes a blood sample for this
Act.
(9) This section does not obligate any person to take a
sample of blood at a health centre.
Amendment of section 27 (Evidence by
certificate)
Section 27(1)(b)
omit
hospital
substitute
hospital or health centre
Amendment of section 38 (Proof of speed)
Section 38(3)
omit
prima facie
substitute
prima facie evidence
Amendment of section 39 (Cancellation of
licence)
(1) After section 39(1)
insert
(1A) If a court finds a person guilty of an offence against
section 19(6) committed within 3 years of an earlier offence against
section 19(1), (2) or (6), the person's licence is, by force of the finding
of guilt, cancelled and the person is disqualified from holding a
licence:
(a) if the offence is the person's second offence within
3 years – for 3 months: or
(b) if the offence is a subsequent offence by the person
within 3 years –for 6 months.
(1B) The court may impose a longer period of
disqualification if the court considers it appropriate.
(1C) For subsection (1A):
(a) an earlier offence means any of the following:
(i) an offence against section 19(1) or
(2);
(ii) an offence against section 19(6) committed after
the commencement of this subsection; and
(b) an earlier offence is taken to have been committed if
an infringement notice has been issued in relation to the alleged offence and
not withdrawn.
(1D) A period of disqualification under
subsection (1A) is reduced by a period of licence suspension under
section 20A imposed in relation to the same offence.
(2) Section 39(3)
omit
subsection (1)(a) or (b)
substitute
subsection (1)(a), (1)(b) or (1A)
(3) Section 39(4)
omit
subsection (1)
substitute
subsection (1) or (1A)
Repeal and substitution of section 42
Section 42
repeal, substitute
42. Continuation
of provisional licence
If:
(a) a court finds a person guilty of an offence against
this Act or the Motor Vehicles Act; and
(b) the person's licence to drive a motor vehicle is
provisional at the time of the finding of guilt;
the court may, in addition to imposing any other penalty,
order that the provisional period be extended by not less than 3 months and
not more than 12 months.
Repeal and substitution of section 44
Section 44
repeal, substitute
44. Traffic
infringement detection device
(1) The Commissioner may, by Gazette notice, approve
a device of a kind specified in the notice as a traffic infringement detection
device.
(2) In the notice, the Commissioner:
(a) must specify the manner in which, and the frequency
with which, testing of the accuracy of the device must be carried out by an
approved person; and
(b) may impose any other conditions the Commissioner thinks
fit on the approval.
(3) The Commissioner may, by Gazette notice, approve
a person as a person qualified to test the accuracy of a traffic infringement
detection device.
(4) A traffic infringement detection device must not be
used for or in relation to the detection of an offence unless it has been tested
in accordance with the procedure specified under subsection
(2).
44AA. Requirements
for approval of device
(1) The Commissioner must not approve as a traffic
infringement detection device a device that produces a photographic image or an
electronic image in respect of the commission of an offence
unless:
(a) the image shows the vehicle involved in the alleged
commission of the offence, including the number plate area (front or rear) of
the vehicle; and
(b) the device also records the following
information:
(i) a code identifying the device that recorded the
image;
(ii) a code identifying the location at which the device
recorded the image;
(iii) the date and the time when the image was
recorded;
(iv) the relevant information mentioned in
subsections (2) and (3);
(v) other information as prescribed.
(2) For an offence of exceeding a prescribed speed limit,
the device must also record the following information:
(a) the prescribed speed limit at the
location;
(b) the speed at which the device calculated the vehicle was
travelling at the time the image was recorded.
(3) For an offence of failing to obey a traffic control
signal by proceeding while a red traffic light or red traffic arrow is
displayed, the device must also record the number of seconds between the time
the light or arrow was displayed and the time the driver proceeded beyond the
stop line or the traffic control signal.
(4) The image and other information must be held in an
electronic file in an unalterable format and be transferable to a printed form
that contains the unaltered image and information.
Amendment of section 44A (Proof of certain matters relating
to use of infringement detection devices)
(1) Section 44A(b) and (b)(ii)
omit
section 44(2)
substitute
section 44(3)
(2) Section 44A(c)
omit
all words after "prosecution"
substitute
of a form that contains an image recorded by a traffic
infringement detection device and the information specified in section 44AA
is evidence that at the time and place indicated on the form the motor vehicle
appearing in the image was driven at the speed indicated on the form;
and
(3) Section 44A(d)
omit
all words from "prosecution" to "both
images"
substitute
prosecution of a form that contains an image recorded by a
traffic infringement detection device and the information specified in
section 44AA is evidence that at the time and place indicated on the form
the driver of the vehicle appearing in the image
PART
4 – AMENDMENT OF MOTOR VEHICLES
REGULATIONS
Regulations amended
This Part amends the Motor Vehicles
Regulations.
Amendment of regulation 4AA (Classification of
licences)
Regulation 4AA(5)
omit
or (3)
Repeal of regulation 5
Regulation 5
repeal
Amendment of regulation 8 (Prescribed period of
licence)
Regulation 8
omit
section 103(1A)
substitute
section 104(1)
PART
5 – AMENDMENT OF TRAFFIC
REGULATIONS
Regulations amended
This Part amends the Traffic
Regulations.
Amendment of regulation 11 (Definitions)
Regulation 11, definitions "learner" and "licence
holder"
omit
permit licence
substitute
learner licence
Amendment of regulation 12 (Learners driving motor
vehicles)
Regulation 12(9)
omit
permit licence
substitute
learner licence
Amendment of regulation 13 (Learners riding motor
cycles)
Regulation 13(1)
omit
permit licence
substitute
learner licence
New regulation 15A
After regulation 15, in Part 2, Division
3
insert
15A. Prohibition
on mobile phone usage
A learner or a provisional driver, while driving a motor
vehicle, must not use a mobile phone while the vehicle is moving, or is
stationary but not parked.
Note
The prohibition under this regulation extends to any use of a mobile
phone, including the use of hands-free devices.
Amendment of Schedule 1
Item 23, after heading
insert
Drive while using mobile phone (learner or provisional
driver) 60
PART
6 – REPEAL OF ROAD SAFETY
COUNCIL ACT
Repeal
The Ordinance and Acts specified in the Schedule are
repealed.
Expiry of Part
This Part expires on the day after it
commences.
Section
REPEALED
ORDINANCE AND ACTS
|
Road Safety Council Ordinance 1978
|
Ordinance No. 4 of 1978
|
|
Road Safety Council Amendment Act
1981
|
Act No. 55 of 1981
|
|
Road Safety Council Amendment Act
1998
|
Act No. 101 of 1998
|
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