ROAD TRAFFIC ACT 1974 - SECT 49AB
ROAD TRAFFIC ACT 1974 - SECT 49AB
49AB . Term used: circumstances of aggravation
(1AA) In this section
—
prescribed authorisation —
(a)
means —
(i)
a learner’s permit; or
(ii)
an Australian driver licence; or
(iii)
a licence or authorisation granted under the law of an
external licensing authority as defined in the
Road Traffic (Authorisation to Drive) Act 2008 section 3(1);
and
(b)
includes an extraordinary licence as defined in the Road Traffic
(Authorisation to Drive) Act 2008 section 3(1).
(1A) In this section
an instructor providing driving instruction to a learner driver is not to be
taken, under section 49AA, to be in charge of the motor vehicle driven by the
learner driver.
(1) For the purposes
of this Division, a person commits an offence in circumstances of aggravation
if at the time of the alleged offence —
(a) the
person was unlawfully driving the vehicle concerned without the consent of the
owner or person in charge of the vehicle; or
(aa) the
person has never held a prescribed authorisation; or
(ab) the
person has held a prescribed authorisation but is a person described in
section 49(3)(a), (b), (ca), (c) or (da); or
(ac) the
person holds a prescribed authorisation but the prescribed authorisation does
not authorise the person to drive a vehicle of the kind concerned; or
(ad) the
person commits an offence under the Road Traffic (Authorisation to Drive) Act
2008 section 38(1); or
(b) the
person was driving the vehicle concerned on a road at 30 km/h or more above
the speed limit; or
(c) the
person was driving the vehicle concerned to escape pursuit by a police
officer.
(2A) Subsection
(1)(ac) does not apply to a person who is a member of a class of persons
prescribed for the purposes of the subsection by regulations made under the
Road Traffic (Authorisation to Drive) Act 2008 section 4(7).
(2) For the purposes
of subsection (1)(c) it does not matter whether the pursuit was proceeding, or
had been suspended or terminated, at the time of the alleged offence.
[Section 49AB inserted: No. 59 of 2012 s. 4;
amended: No. 59 of 2012 s. 12; No. 25 of 2016 s. 43; No. 51 of 2016 s. 6; No.
19 of 2018 s. 4.]