Northern Territory Consolidated Acts

TRAFFIC ACT - SECT 3

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

ambulance means a vehicle specifically constructed or modified for the purpose of conveying persons to a place of medical treatment while being used for that purpose or while travelling to a place for that purpose.

authorized analyst means a person authorized under this Act to be an analyst.

bicycle means a 2 or 3 wheeled vehicle designed to be propelled by human power and includes a powered cycle.

blood test means a test of a sample of a person's blood carried out for the purpose of ascertaining the concentration of alcohol or the presence of another drug or substance in that person's blood.

breath analysis means an analysis of a sample of a person's breath carried out for the purpose of assessing the concentration of alcohol in that person's blood.

breath test means a test of a sample of a person's breath carried out for the purpose of ascertaining whether:

(a) alcohol or another drug or substance; or

(b) a concentration of alcohol equal to or exceeding 80 mg of alcohol per 100 mL of blood,

is present in that person's blood.

carriageway means a portion of a public street improved, designed or ordinarily used for vehicular traffic and includes the shoulders and areas at the side or centre of the carriageway used for the standing or parking of vehicles including parking bays, and, where a public street has 2 or more portions divided by a reservation, means each portion separately.

child means a person who has not attained the age of 18 years.

Commissioner means the Commissioner appointed under the Police Administration Act .

competent authority , in relation to a public street or public place, means the person, body or authority (which shall include the Territory) having the care, control and management of that street or place.

control area means an area declared under, or continued in force by, section 11 as a control area.

Deputy Director means the Deputy Director of Transport appointed under section 6(2).

Director means the Director of Transport appointed under section 6(1).

driver means a person driving, riding or in control of a vehicle.

emergency vehicle means a motor vehicle which is:

(a) the property of the Territory and in the control of the Police Force of the Northern Territory;

(b) the property of the Territory and in the control of the Northern Territory Fire and Rescue Service;

(c) an ambulance; or

(d) authorized as an emergency vehicle by the Registrar,

and which is sounding a siren, bell or repeater horn or flashing the prescribed lights.

footway includes a footpath, lane or other place intended exclusively for use by pedestrians and, except where bicycle use is expressly prohibited, by persons riding bicycles.

health centre means a health centre within the meaning of the Medical Services Act .

hospital means a hospital declared under section 6(2)(a)(i) of the Medical Services Act .

inspector means an inspector appointed under section 9.

intersection means a place where 2 or more public streets intersect or join and includes any area where vehicles travelling on different joining or intersecting public streets may collide.

lane line means a line marked on a carriageway to separate vehicles travelling in the same direction on the carriageway.

learner's licence means a licence granted under section 9 of the Motor Vehicles Act .

licence means a licence to drive a motor vehicle granted under the Motor Vehicles Act .

motor cycle means a motor vehicle which has 2 wheels or, where a side car is attached to the vehicle, has 3 wheels.

motor vehicle means a vehicle designed to be self propelled and includes a trailer when attached to a motor vehicle and a vehicle designed to be propelled by electric power obtained from overhead wires but not operated on rails, but does not include a motorized wheelchair which is not capable of travelling at a speed greater than 10 km/h or a powered cycle.

officer means an officer appointed under section 9.

pedestrian means a person on foot, on or in a toy vehicle, in a perambulator, or in a wheelchair which is not capable of travelling at a speed greater than 10 km/h.

powered cycle means a bicycle or other contrivance of a similar nature which is equipped with:

(a) pedals which may be used as a means of propulsion; and

(b) an engine, motor or other device which is capable of producing a power output not exceeding 200 W.

prescribed breath analysis instrument means a device prescribed under section 29AAW for the carrying out of breath analyses.

public place means a place (other than a public street) open to or used by the public or to which the public is permitted to have access whether on payment of a fee or otherwise, but does not include a track in an enclosed area used for motor vehicle or bicycle racing or speed trials.

public street means a street, road, lane, thoroughfare, footpath or place open to, or used by, the public and includes a road on land leased under the Special Purposes Leases Act for use as a road, but does not include:

(a) a road, or part of a road, which is closed under the Control of Roads Act or the Local Government Act ; or

(b) a street, road, lane, thoroughfare, footpath or other place under construction,

and not open to or used by the public.

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 , in relation to a motor vehicle, means registered under the Motor Vehicles Act .

registered nurse means a registered nurse who has a right of practice under the Health Practitioners Act .

Registrar means the Registrar of Motor Vehicles appointed under the Motor Vehicles Act .

reservation means a physical provision, including markings, made on a public street to divide it longitudinally and includes a nature strip adjoining a footway, but does not include a separation line or a lane line which is the only line between 2 adjoining traffic lanes.

resident of the Territory means a person who has resided continuously in the Territory for not less than 3 months.

separation line means a line marked on a carriageway to separate vehicles travelling in opposite directions on the carriageway.

solution of standard alcohol means a solution consisting of ethyl alcohol and distilled water in the proportion of 3.36 g of ethyl alcohol per litre of solution.

this Act includes the Regulations.

traffic control device means a traffic control signal or a light, sign, mark, structure or item placed, erected or displayed for the purpose of regulating, warning or guiding traffic.

traffic control signal means a device using a word, symbol, coloured light or a combination of them by means of which traffic may be controlled or regulated.

traffic infringement detection device means a device approved under section 44(1) as a traffic infringement detection device.

traffic island means a physical provision, including marking, made on a public street to guide traffic on the street, but does not include a traffic control device.

trailer means a vehicle without motive power constructed or adapted to be drawn by a motor vehicle.

vehicle means a conveyance or other device designed to be propelled or drawn by any means and includes a bicycle or an animal being driven or ridden, but does not include a train, or a wheelchair which is not capable of travelling at a speed greater than 10 km/h.

visiting motor vehicle means a motor vehicle which:

(a) is registered in another country or in a State or in another Territory of the Commonwealth;

(b) has affixed to it the current registration label and number plates required to be affixed by the law of that country, State, or other Territory; and

(c) is temporarily in the Territory.

young person means a person who has attained the age of 8 years but has not attained the age of 14 years.

(2) In this Act, a reference to the owner of a motor vehicle includes a reference to the operator (within the meaning of the Motor Vehicles Act ) of the vehicle where an operator is nominated under section 92A of that Act.

(3) In this Act, a reference to a person licensed to drive a motor vehicle is a reference to that person being licensed to drive a vehicle of a class permitted to be driven in accordance with that person's licence.

(5) In this Act:

demerit points means the points incurred by a natural person in relation to a demerit points offence.

demerit points offence means an offence specified in Schedule 1 to the Traffic Regulations for which demerit points are prescribed.