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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.]