ROAD TRAFFIC ACT 1961
Table of Provisions
PART 1--Preliminary
- 1 Short title
- 2 Crown is bound
- 5 Interpretation
- 5A Application of Act to vehicles and road users on roads
- 6 Drivers and riders
- 6A Roads and road-related areas
- 7 Drivers of trailers
- 8 References to Australian Road Rules
- 10 Act in addition to and not in derogation of other Acts
PART 2--Administrative provisions
Division 1--The Minister
Division 2--Traffic control devices
- 16 Roads under care etc of Commissioner of Highways
- 17 Installation etc of traffic control devices--general provision
- 18 Direction as to installation etc of traffic control devices
- 19 Cost of traffic control devices and duty to maintain
- 19A Recovery of cost of installing certain traffic control devices
- 20 Work areas and work sites
- 20A Appeal to District Court
- 21 Offences relating to traffic control devices
- 21A Payments to Highways Fund
- 22 Proof of lawful installation etc of traffic control devices
- 23 Regulations fixing expiation fees
- 31 Action to deal with false devices or hazards to traffic
Division 3--Road closing provisions
- 32 Road closing by councils for traffic management purposes
- 33 Road closing and exemptions for certain events
- 34 Road closing for emergency use by aircraft
Division 4--Enforcement officers for Australian road laws
- 35 Appointment of authorised officers
- 37 Exercise of powers by police officers
- 38 Identity cards
- 39 Production of identification
- 40 Return of identity cards
- 40B Registrar may exercise powers of authorised officers
Division 5--General enforcement powers for Australian road laws
Subdivision 1--Interpretation- 40C Meaning of qualified, fit or authorised to drive or start or stop engine
- 40D Meaning of unattended vehicle and driver of disconnected trailer
- 40E Meaning of broken down vehicle
- 40F Meaning of compliance purposes Subdivision 2--Directions to stop, move or leave vehicles
- 40G Application of Subdivision
- 40GA Interpretation
- 40H Direction to stop vehicle to enable exercise of other powers
- 40I Direction to move vehicle to enable exercise of other powers
- 40J Direction to move vehicle if danger or obstruction
- 40K Direction to leave vehicle
- 40L Manner of giving directions under Subdivision
- 40M Moving unattended vehicle to enable exercise of other powers Subdivision 3--Power to move or remove unattended or broken down vehicles
- 40N Removing unattended or broken down vehicle if danger or obstruction
- 40O Operator's authorisation not required for driving under Subdivision
- 40P Notice of removal of vehicle and disposal of vehicle if unclaimed Subdivision 4--Powers of inspection and search
- 40Q Power to inspect vehicle on road or certain official premises
- 40R Power to search vehicle on road or certain official premises
- 40S Power to inspect premises
- 40T Power to search premises
- 40U Residential purposes Subdivision 5--Other directions
- 40V Direction to give name and other personal details
- 40W Direction to produce records, devices or other things
- 40X Direction to provide information
- 40Y Direction to provide reasonable assistance for powers of inspection and search
- 40Z Provisions relating to starting or stopping engine
- 41 Manner of giving directions under Subdivision
- 41A Directions to state when to be complied with Subdivision 6--Warrants
- 41B Warrants Subdivision 7--Other provisions regarding inspections and searches
- 41C Use of assistants and equipment
- 41D Use of equipment to examine or process things
- 41E Use or seizure of electronic equipment Subdivision 8--Other provisions regarding seizure
- 41F Receipt for and access to seized material Subdivision 9--Miscellaneous
- 41H Power to use force against persons to be exercised only by police officers
- 41I Various powers may be exercised on same occasion
- 41J Restoring vehicle or premises to original condition after action taken
- 41K Self-incrimination
- 41L Providing evidence to other authorities
- 41M Obstructing or hindering authorised officers
- 41N Impersonating authorised officers
- 41O Division not to affect other powers
PART 2A--Mutual recognition and corresponding road laws
- 41P Effect of administrative actions of authorities of other jurisdictions
- 41Q Effect of court orders of other jurisdictions
PART 3--Duties of drivers, passengers and pedestrians
Division 2--Duty to stop and give assistance where person killed or injured
- 43 Duty to stop, give assistance and present to police where person killed or injured
Division 3--Fraudulent use of motor vehicles
Division 4--Vehicle misuse etc and careless and dangerous driving
- 44B Misuse of motor vehicle
- 44C Driving ultra high powered vehicle with disabled automated intervention system
- 45 Careless driving
- 45A Excessive speed
- 45B Power of police to impose licence disqualification or suspension
- 45C Speed and gear restrictions for trucks and buses on prescribed roads
- 45D Power of police to impose licence disqualification or suspension for section 45C etc offences
- 45E Application to Court to have disqualification or suspension under section 45D lifted
- 46 Reckless and dangerous driving
Division 5--Drink driving and drug driving
- 47 Driving under the influence
- 47A Interpretation
- 47B Driving while having prescribed concentration of alcohol in blood
- 47BA Driving with prescribed drug in oral fluid or blood
- 47C Relation of conviction under section 47B or 47BA to contracts of insurance etc
- 47D Payment of costs incidental to apprehension etc
- 47DA Driver testing stations
- 47E Police may require alcotest or breath analysis
- 47EAA Police may require drug screening test, oral fluid analysis and blood test
- 47EA Exercise of random testing powers
- 47EB Concentration of alcohol in breath taken to indicate concentration of alcohol in blood
- 47F Schedule 1 further regulates oral fluid and blood sample processes
- 47GA Breath analysis where drinking occurs after driving
- 47GB Oral fluid analysis or blood test where consumption of prescribed drug occurs after driving
- 47H Approval of apparatus and kits for breath analysis etc
- 47I Compulsory blood tests
- 47IAA Power of police to impose immediate licence disqualification or suspension
- 47IAB Application to Court to have disqualification or suspension lifted
- 47IA Certain offenders to attend lectures
- 47J Recurrent offenders
- 47K Evidence
Division 6--Traffic speed analysers and radar detectors and jammers
- 53A Approval of apparatus as traffic speed analysers
- 53B Sale and seizure of radar detectors, jammers and similar devices
Division 7--Photographic detection devices
- 79A Approval of apparatus as photographic detection devices
- 79B Provisions applying where certain offences are detected by photographic detection devices
- 79BA Installation etc of photographic detection devices
- 79C Interference with photographic detection devices
- 79D Report on Community Road Safety Fund
Division 8--Australian Road Rules and ancillary or miscellaneous regulations
- 80 Australian Road Rules and ancillary or miscellaneous regulations
Division 9--Miscellaneous provisions
- 81 Interpretation
- 82 Speed limit while passing school bus
- 83 Speed in emergency service speed zone
- 85 Control of parking near Parliament House
- 86 Council may determine that ticket for parking be obtained without fee
- 86A Parking where ticket required without payment of fee
- 87 Walking without care or consideration
- 91 Duty to comply with direction of authorised person
- 95 Riding without driver's consent
- 99A Cyclists on footpaths etc to give warning
- 99B Wheeled recreational devices and wheeled toys
- 107 Damage to road infrastructure
- 107A Vehicle fitted with metal tyres
- 108 Depositing material on roads
- 110 Driving on sealed surface
- 110AAAA Certain provisions not to apply to drivers of emergency vehicles
PART 3A--Vehicle identification
- 110A Interpretation
- 110B Motor vehicle or trailer must bear vehicle identification plate
- 110C Offences
PART 4--Vehicle standards, mass and loading requirements and safety provisions applying to light vehicles
Division 1--Light vehicle standards
- 111 Rules prescribing light vehicle standards
Division 2--Light vehicle mass and loading requirements
- 113 Regulations prescribing light vehicle mass and loading requirements
Division 3A--Provisions relating to breaches of light vehicle standards or maintenance requirements
- 116 Meaning of breach of light vehicle standards or maintenance requirement
- 117 Liability of driver
- 118 Liability of operator
Division 3B--Provisions relating to breaches of light vehicle mass, dimension and load restraint requirements
Subdivision 1--Preliminary- 119 Meaning of breach of light vehicle mass, dimension or load restraint requirement Subdivision 3--Liability for breaches of light vehicle mass, dimension or load restraint requirements
- 123 Liability of driver
- 124 Liability of operator
Division 4--Enforcement powers
Subdivision 1--Defect notices relating to breaches of light vehicle standards or maintenance requirements- 145 Defect notices Subdivision 2--Powers relating to breaches of light vehicle mass, dimension or load restraint requirements
- 146 Directions and authorisations
Division 5--Further safety provisions
- 161A Driving of certain light vehicles subject to Ministerial approval
- 162A Seat belts and child restraints
- 162B Safety helmets for riders of motor bikes and bicycles
- 162C Safety helmets and riders of wheeled recreational devices and wheeled toys
Division 7--Power of exemption
- 163AA Power of exemption
PART 4A--Central Inspection Authority
- 163A The Authority
- 163C Application of Part
- 163D Inspection of vehicles and issue of certificates of inspection
- 163E Inspection of vehicles
- 163F Cancellation of certificates of inspection
- 163G Inspection of certificates
- 163GA Maintenance records
- 163I Evidentiary
- 163J Recognition of interstate certificates of inspection
- 163K Limitation of liability
PART 4C--General compensation orders
- 163ZC Compensation orders for damage to road infrastructure
- 163ZD Assessment of compensation
- 163ZE Service of certificates
- 163ZF Limits on amount of compensation
- 163ZG Costs
- 163ZH Relationship with orders or awards of other courts and tribunals
PART 5--Supplementary provisions
- 164A Offences and penalties
- 164B Approval or exemption does not operate in favour of person who contravenes a condition
- 165 False statements
- 166 Double jeopardy
- 167 Causing or permitting certain offences
- 168 Power of court to make orders relating to licences or registration
- 169A Power to postpone commencement of disqualification
- 169B Effect of imprisonment on disqualification
- 170 Disqualification where vehicle used for criminal purposes
- 172 Removal of disqualification
- 173 Appeals and suspension of disqualification
- 173A Defence relating to registered owner or operator
- 173AB Further defences
- 173B Service of notices etc on owners of vehicles
- 174 Liability when hired vehicles driven for hire
- 174A Liability of vehicle owners and expiation of certain offences
- 174AB Marking of tyres for parking purposes
- 174B Further offence for continued parking contravention
- 174C Council may grant exemptions from certain provisions
- 174D Proceedings for certain offences may only be taken by certain officers or with certain approvals
- 174E Presumption as to commencement of proceedings
- 174G Dismissal or other victimisation of employee or contractor assisting with or reporting breaches
- 174H False or misleading information provided between responsible persons
- 174I Amendment or revocation of directions or conditions
- 174J Minister may provide information to corresponding Authorities
- 174K Contracting out prohibited
- 175 Evidence
- 175A Average speed evidence
- 176 Regulations, rules and fee notices
- 177 Inconsistency of by-laws