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This is a Bill, not an Act. For current law, see the Acts databases.

ROAD TRANSPORT LEGISLATION AMENDMENT BILL 2021

2021

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Transport and City Services)

Road Transport Legislation Amendment Bill 2021



Contents

Page









Part 1.1Motor Accident Injuries Act 20198

Part 1.2Road Transport (Offences) Regulation 20059

2021

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Transport and City Services)

Road Transport Legislation Amendment Bill 2021

A Bill for

An Act to amend legislation about road transport, and for other purposes









The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1 Preliminary

1 Name of Act

This Act is the Road Transport Legislation Amendment Act 2021

.

2 Commencement

This Act commences on the 14th day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the following legislation:

• Road Transport (General) Act 1999

• Road Transport (Road Rules) Regulation 2017

• Road Transport (Safety and Traffic Management) Act 1999

.

Note This Act also amends other legislation (see sch 1).

Part 2 Road Transport (General) Act 1999

4 Automatic disqualification for culpable driving

Section 62 (1) (a) and (b)

substitute

(a) for a first offender—for 12 months; or

(b) for a repeat offender—for 24 months; or

(c) if the court orders a longer period for an offender than applies to the offender under paragraph (a) or (b)—for the longer period.

5 Automatic disqualification for certain other driving offences

New section 63 (2A)

insert

(2A) However, if a court convicts a person, or finds a person guilty, of an offence mentioned in subsection (1) (e), the person is automatically disqualified from holding or obtaining a driver licence—

(a) if the offence occasions death—

(i) for a first offender—for 9 months; or

(ii) for a repeat offender—for 18 months; or

(b) if the offence occasions grievous bodily harm—

(i) for a first offender—for 6 months; or

(ii) for a repeat offender—for 12 months; or

(c) if the court orders a longer period for an offender than applies to the offender under paragraph (a) or (b)—for the longer period.

6 Section 63 (3)

omit

However,

substitute

Also,

Part 3 Road Transport (Road Rules) Regulation 2017

7 New section 244K

in division 14.3, insert

244K Travelling in or on personal mobility device—maintaining proper control

A person must not travel in or on a personal mobility device unless the person has proper control of the personal mobility device.

Maximum penalty: 20 penalty units.

8 New section 304A

in division 18.3, insert

304A Direction by police officer to get off, or not get on, vehicle or animal

(1) A police officer may direct a person to get off, or not get on, a vehicle or animal if the police officer believes on reasonable grounds that the person is under the influence of alcohol or a drug.

(2) A person commits an offence if the person—

(a) is given a direction under subsection (1); and

(b) does not comply with the direction.

Maximum penalty: 20 penalty units.

(3) In this section:

animal means a horse, cattle or sheep.

vehicle means—

(a) a bicycle; or

(b) a personal mobility device; or

(c) an animal-drawn vehicle.

Part 4 Road Transport (Safety and Traffic Management) Act 1999

9 Negligent driving

Section 6 (1), penalty, paragraph (c)

substitute

(c) if the driving occasions actual bodily harm—50 penalty units, imprisonment for 6 months or both; or

(d) if paragraphs (a), (b) and (c) do not apply—20 penalty units.

Examples—actual bodily harm

1 deep bruising received as a result of being involved in an incident between 2 motor vehicles

2 cuts and abrasions resulting in the breaking of the skin received as a result of being knocked from a bicycle onto a road

3 a pedestrian received a sprained ankle from being hit by a car on a pedestrian crossing

10 Aggravated offence—furious, reckless or dangerous driving

Section 7A (4), definition of vulnerable road user, examples 5 and 6

substitute

5 users of personal mobility devices

Schedule 1 Other amendments

(see s 3)

Part 1.1 Motor Accident Injuries Act 2019

[1.1] Section 41, definition of driving offence, paragraph (d) (iv)

substitute

(iv) section 6 (1) (a), (b) or (c) (Negligent driving); or

Part 1.2 Road Transport (Offences) Regulation 2005

[1.2] Schedule 1, part 1.12, item 9

substitute

9
6 (1)







9.1
• if the driving occasions death
negligent driving occasioning death
200pu/2 years prison/both
-
-
9.2
• if the driving occasions grievous bodily harm
negligent driving occasioning grievous bodily harm
100pu/

1 year prison/both
-
-
9.3
• if the driving occasions actual bodily harm
negligent driving occasioning actual bodily harm
50pu/6 months prison/both
-
-
9.4
• if items 9.1, 9.2 and 9.3 do not apply
negligent driving
20
598
3 (NS)

[1.3] Schedule 1, part 1.12A, new item 422A

insert

422A
244K
person on personal mobility device without proper control
20
154
-

[1.4] Schedule 1, part 1.12A, new item 550A

insert

550A
304A
not comply with direction of police officer to get off, or not get on, vehicle or animal
20
154
-

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 5 August 2021.

2 Notification

Notified under the Legislation Act

on 2021.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

.









































© Australian Capital Territory 2021

 

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