Driving & Traffic
3. Driving and Traffic Offences
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 20 Jul 2015
- Driving and traffic offences cover a range of prohibited (unlawful) behaviours that can occur when a person is driving a vehicle on a road.
- What constitutes a vehicle is defined broadly as any description of a vehicle on wheels. This includes:
- cars;
- motorbikes;
- trucks;
- vans;
- bicycles; and
- machinery such as bulldozers and forklifts.
- Generally these types of offences are dealt with in each state and territory in a special piece of legislation. Each jurisdiction uses a different name for this legislation:
- in New South Wales it’s called the Road Transport Act 2013 (NSW);
- in Victoria it’s called the Road Safety Act 1986 (Vic);
- in Queensland it’s called the Transport Operations (Road Use Management) Act 1995 (Qld);
- in South Australia it’s called the Road Traffic Act 1961 (SA);
- in Western Australia it’s called the Road Traffic Act 1974 (WA);
- in Tasmania it’s called the Vehicle and Traffic Act 1999 (Tas);
- in the Northern Territory it’s called the Traffic Act (NT); and
- in the Australian Capital Territory it’s called the Road Transport (Safety and Traffic Management) Act 1999 (ACT).
- Traffic offences are different in each state and territory. This means the wording of the offence and the penalties will vary depending on where you are.
- Some examples of the types of behaviour covered by traffic offences include:
- speeding;
- using a mobile phone while driving;
- driving an unregistered or uninsured car;
- driving with a cancelled, suspended or disqualified license;
- driving under the influence of drugs or alcohol; and
- driving in a careless, dangerous or reckless manner.
- Traffic legislation also deals with other matters including:
- licensing requirements;
- demerit points;
- motor vehicle registration; and
- alternative penalties such as the alcohol interlock program.
- Driving and traffic offences are categorised based on their seriousness. There are some very serious examples and some less serious examples. These differences are important as they affect how the matter can be dealt with and what penalties are available.
- Some driving and traffic offences are also categorised based on whether it is your first offence or a subsequent (further) offence. This is important as the maximum penalties increase each time the offence is committed.
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