TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 84
Dangerous driving of vehicles (other than motor vehicles) etc.
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 84
Dangerous driving of vehicles (other than motor vehicles) etc.
84 Dangerous driving of vehicles (other than motor vehicles) etc.
(1) Any person who drives a vehicle (other than a motor vehicle), a tram, a
train or an animal on a road dangerously is guilty of an offence and is liable
to a penalty not exceeding 4 penalty units or to imprisonment for a term not
exceeding 6 months.
(1A) If the offender has been previously convicted under
subsection (1) the offender is liable to a penalty not exceeding 8 penalty
units or to imprisonment for a term not exceeding 1 year.
(1B) If the
offender has been twice previously convicted under subsection (1) , the court
must, on conviction, impose imprisonment as the whole or part of the
punishment.
(1C) For the purpose of deciding whether or not the provisions of
subsections (1) to (1B) require imprisonment to be imposed as the whole or
part of the punishment for an offence (the
"latest offence" ) against subsection (1) , not more than 1 previous
conviction for an offence against the subsection incurred by the offender
earlier than the period of 10 years immediately preceding the date of the
offender’s conviction for the latest offence is to be taken into account.
(1D) In this section—
"drives a vehicle (other than a motor vehicle), a tram, a train or an animal
on a road dangerously" includes the driving of a vehicle (other than a motor
vehicle), a tram, a train or an animal at a speed or in a manner dangerous to
the public, having regard to all the circumstances of the case, including the
nature, condition and use of the road and the amount of traffic which is on
the road at the time or which might reasonably be expected to be on the road.
(2) Any person who drives a vehicle (other than a motor vehicle), a tram, a
train, or an animal on a road without due care and attention or without
reasonable consideration for other persons using the road is guilty of an
offence.
Penalty—
Maximum penalty for subsection (2) —40 penalty
units or 6 months imprisonment.
