ROAD TRAFFIC (ADMINISTRATION) ACT 2008 (NO. 39 OF 2008)
Table of Provisions
PART 1 -- Preliminary
Division 1 -- General
Division 2 -- Terms used in road laws
PART 2 -- Administration -- general matters
- 8 Delegation of CEO’s functions
- 9 Delegation of functions of Commissioner of Police
- 10 Delegation of functions of Commissioner of Main Roads
- 11 Agreements for performance of functions
- 12 Provision of, access to, information
- 13 CEO may provide information to corresponding authorities
- 14 Exchange of information between jurisdictions
- 15 Security of information in driver’s licence register and demerit points register
- 16 Information about new motor vehicles
- 17 Reciprocal powers of officers
- 18 Effect of directions etc., administrative actions of other jurisdictions
- 19 Effect of court orders of other jurisdictions
- 20 Funds to which charges and fees credited
PART 3 -- Wardens and police officers
- 21 Terms used in this Part
- 22 CEO may authorise persons to perform certain warden functions
- 23 Commissioner of Police may authorise persons to perform certain warden functions
- 24 Powers of wardens
- 25 Identification cards
- 26 Production of identification
- 27 Return of identification cards
PART 4 -- Enforcement of road laws
Division 1 -- Terms used in this Part
- 28 Terms used in this Part
- 29 Qualified, fit or authorised to drive or run engine
- 30 Unattended vehicle
- 31 Broken down vehicle
Division 2 -- General obligations
- 32 Giving name, address etc.
- 33 Production of driver’s licence document, learner’s permit
- 34 Duty to identify offending driver or person in charge of vehicle
- 35 Duty to take reasonable measures to be able to comply with a driver identity request
- 36 Other offences
- 37 Manner of giving directions etc. under this Division
Division 3 -- Directions to stop, move or leave vehicles
- 38 Vehicles and drivers to which this Division applies
- 39 Direction to stop vehicle: to enable exercise of other powers
- 40 Direction to move vehicle: to enable exercise of other powers
- 41 Direction to move vehicle: where danger or obstruction
- 42 Direction to leave vehicle
- 43 Manner of giving directions under this Division
- 44 Directions to be complied with
Division 4 -- Power to move vehicles
- 45 Moving unattended vehicle to exercise Division 5 powers
- 46 Moving unattended or broken down vehicle where danger or obstruction
- 47 Moving vehicles parked without authority in certain areas
- 48 Moving vehicles involved in an offence
- 49 Removal of other unattended vehicles
- 50 Authorisation of responsible person not required
Division 5 -- Powers of inspection and search for MDLR compliance purposes
- 51 Residential purposes
- 52 Inspection of vehicles on roads, in public places or certain official premises
- 53 Search of vehicles on roads, in public places or certain official premises
- 54 Inspection of premises
- 55 Search of premises
Division 6 -- Other directions in relation to MDLR compliance purposes
- 56 Direction to produce records, devices or other things
- 57 Direction to provide information
- 58 Direction to provide reasonable assistance for powers of inspection and search
- 59 Provisions relating to running engine
- 60 Manner of giving directions under this Division
- 61 Directions to state when to be complied with
Division 7 -- Warrants to enter premises for MDLR compliance purposes
- 62 Terms used in this Division
- 63 Warrant, grounds for application
- 64 Warrant, manner of application
- 65 Warrant, issue of
- 66 Warrant, duration and execution of
Division 8 -- Other provisions regarding inspections and searches for MDLR compliance purposes
- 67 Use of assistants and equipment
- 68 Use of equipment to examine or process things
- 69 Use or seizure of electronic equipment
Division 9 -- Other provisions regarding seizure for MDLR compliance purposes
Division 10 -- Miscellaneous
- 72 Power to use force against persons to be exercised only by police officers
- 73 Consent
- 74 Occupier’s rights
- 75 Directions may be given under more than one provision
- 76 Defence of compliance with direction
- 77 Restoring vehicle or premises to original condition after action taken
- 78 Providing evidence to other authorities
PART 5 -- Infringement notices
Division 1 -- Infringement notices generally
- 79 Infringement notices
- 80 Service of infringement notices
- 81 Infringement notices for not applying for transfer of vehicle licence
- 82 Declining to be dealt with under this Division
- 83 Withdrawal of infringement notices
- 84 Effect of payment of prescribed penalty
- 85 Regulations as to infringement notices
Division 2 -- Infringement notices left on vehicles
- 86 Circumstances in which infringement notices can be left on vehicles
- 87 If more than one responsible person
- 88 Effect of leaving infringement notice on a vehicle
- 89 Contents of infringement notices left on vehicles
Division 3 -- Infringement notices served on responsible persons
- 90 Terms used in this Division
- 91 Service of infringement notice on responsible person if identity of alleged offender not known
- 92 If more than one responsible person
- 93 If photographic evidence not included with infringement notice
- 94 Responsible person presumed to be the driver in certain circumstances
- 95 Contents of infringement notices served on responsible persons
- 96 Statutory declarations -- requirements as to delivery etc.
Division 4 -- Notices requesting information from responsible persons
- 97 Meaning of “period for complying”
- 98 Notices requesting information
- 99 If photographic evidence not included with notice
- 100 Offence of failing to provide information, statutory declaration
- 101 Withdrawal of notices
- 102 Contents of notices
- 103 Statutory declarations -- requirements as to delivery etc.
- 104 Notice under section 98 or 99 may become an infringement notice
PART 6 -- Prosecutions
Division 1 -- Commencing prosecutions
- 105 Who may commence a prosecution
- 106 When a prosecution can be commenced
- 107 Limitation on period for which previous offences taken into account
- 108 Production of licences, permits at hearings
Division 2 -- Evidentiary provisions
- 109 Averments etc. in prosecution notices
- 110 Certificate evidence
- 111 Proof of authority of warden, vehicle examiner
- 112 Ascertainment of mass by weighbridge
- 113 Ascertainment of mass by loadmeter etc.
- 114 Ascertainment of mass by reference to manufacturer’s specifications
- 115 Evidence regarding manufacturer’s ratings
- 116 Proof of appointments and signatures unnecessary
- 117 Certain measuring equipment
- 118 Proof of transport, journey documentation
- 119 Bodies corporate or employers, conduct on behalf of
- 120 Burden of proof where load falls off vehicle
Division 3 -- Sentencing matters
PART 7 -- Damage to road infrastructure
- 123 Terms used in this Part
- 124 Compensation orders for damage to road infrastructure in consequence of MDLR offences
- 125 Assessment of compensation
- 126 Service of certificates
- 127 Limits on amount of compensation
- 128 Costs
- 129 Enforcement of compensation order and costs
- 130 Relationship with orders or awards of other courts and tribunals
- 131 Liability for damage to road infrastructure
- 132 Road authority may recover expenses of damage caused by heavy traffic
PART 8 -- Miscellaneous
- 133 Review of decisions under road laws
- 134 Amendment or revocation of directions or conditions
- 135 Protection from liability for wrongdoing
- 136 Protection of people testing or examining or giving certain information
- 137 Liability of director, etc., of a body corporate that is owner of a vehicle
- 138 Contracting out prohibited
- 139 Temporary suspension of road law
- 140 Confusing lights affecting traffic on roads
- 141 Closure of roads
- 142 Liability under other laws
- 143 Regulations
- 144 Minister’s declarations to apply regulations to areas other than roads etc.
- 145 Minister’s declarations that specified regulations do not apply to specified persons or vehicles
- 146 Regulations may refer to published documents
PART 9 -- Transitional and consequential provisions
Division 1 -- Transitional provisions arising from certain amendments made by the Road Traffic (Consequential Provisions) Act 2008
Subdivision 1 -- Transitional provisions arising from certain amendments made to the Road Traffic Act 1974 by the Road Traffic (Consequential Provisions) Act 2008- 147 Terms used in this Subdivision
- 148 Application of the Interpretation Act 1984
- 149 Notices by which a person nominated as vehicle owner
- 150 Notices as to corresponding laws about persons responsible for a vehicle
- 151 Delegations and approvals
- 152 Agreements as to Director General’s functions
- 153 Use of certain particulars
- 154 Applications for grant or transfer of vehicle licences
- 155 Notices and delegations as to temporary suspension of laws
- 156 Agreements as to expenses for repairing damage to roads caused by heavy traffic
- 157 Unauthorised parking areas
- 158 Confusing lights affecting traffic on roads
- 159 Closure of roads
- 160 Notices, certificates and delegations as to evidence about measuring equipment
- 161 Infringement notices
- 162 Notices requesting information
- 163 Minister’s declarations to apply regulations to areas other than roads etc.
- 164 Transitional regulations Subdivision 2 -- Transitional provisions arising from amendments made to other written laws by the Road Traffic (Consequential Provisions) Act 2008
- 165 Transitional regulations for laws other than road laws
Division 2 -- Amendments to regulations as a consequence of certain 2008 enactments
- 166 Power to make consequential amendments to regulations under any Act
[Assented to 15 August 2008]