Traffic Offences (Penalties) Amendment Act 2005
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
BERMUDA
2005 : 44
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
Date of Assent: 30 December 2005
Operative Date: 1 November 2007
ARRANGEMENT OF SECTIONS
1 Short title
2 Amends section 1 of
principal Act
3 Amends section 2 of
principal Act
4 Inserts sections 4A and
4B in principal Act
5 Amends section 9 of
principal Act
6 Replaces Schedule 1 to
principal Act
7 Commencement
SCHEDULE
WHEREAS it is expedient to amend the Traffic Offences
(Penalties) Act 1976:
Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:
Short title
1 This Act, which amends the Traffic Offences (Penalties) Act 1976
(the "principal Act"), may be cited as the Traffic Offences (Penalties)
Amendment Act 2005.
Amends section 1 of principal Act
2 Section 1 of the principal Act is amended by inserting in the
appropriate alphabetical order the following definition —
1
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
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" “demerit points” means demerit points recorded under section
4A;”.
Amends section 2 of principal Act
3 Section 2(2) of the principal Act is amended by deleting the full
stop at the end of paragraph (d) and substituting a semi-colon and by
inserting next after paragraph (d), the following paragraph ⎯
“(e) head 7 of the Schedule shows the demerit points to be
recorded under section 4A in respect of a person convicted
of the offence.”.
Inserts sections 4A and 4B in principal Act
4 The principal Act is amended by inserting next after section 4
the following sections ⎯
“Recording of demerit points
4A (1) Where a person is convicted of a traffic offence, the court
shall direct that the following number of demerit points be
recorded in respect of the person ⎯
(a) the number of demerit points shown in head 7 of
Schedule 1; or
(b) if head 7 of Schedule 1 shows a range of demerit
points, a number of demerit points, specified by the
court, within the range.
(2) For the purposes of subsection (1)(b), the lowest and
highest numbers of a range shall be deemed to be within the
range.
(3) If a person is charged with a traffic offence in a ticket
issued under Part II of the Traffic Offences Procedure Act 1974
and pleads guilty and pays the amount of the penalty specified
in the ticket, the following shall apply –
(a) the following number of demerit points shall be
recorded in respect of the person —
(i) the number of demerit points shown in head 7 of
Schedule 1; or
(ii) if head 7 of Schedule 1 shows a range of demerit
points, the lowest number of the range;
(b) if head 7 of Schedule 1 sets out different numbers or
ranges of demerit points which depend on whether
the offence was a first or subsequent offence, the
number or range of demerit points for the first
offence shall be used for the purposes of paragraph
(a).
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
3
(4) Demerit points expire two years after the date of the
conviction in relation to which they were recorded.
(5) The Director shall keep a record of all demerit points.
(6) This section does not apply with respect to a parking
offence within the meaning of Part III of the Traffic Offences
Procedure Act 1974.
(7) This section applies only with respect to offences
committed after this section comes into operation.
Disqualification if too many demerit points
4B (1) Where a person is convicted of a traffic offence and the
accumulated demerit points of the person, including any demerit
points to be recorded as a result of that offence, equals or
exceeds 12 points, the court shall order the person to be
disqualified from driving all motor vehicles, including auxiliary
bicycles.
(2) A disqualification under subsection (1) shall be for at
least six months and shall continue thereafter until enough
demerit points expire so that the accumulated demerit points of
the person are less than 12 points.
(3) In this section “accumulated demerit points” means the
total unexpired demerit points recorded in respect of a person.
(4) This section does not apply with respect to the
following –
(a) a conviction for a parking offence within the meaning
of Part III of the Traffic Offences Procedure Act 1974;
or
(b) a conviction where a ticket was issued under Part II
of the Traffic Offences Procedure Act 1974 and the
person charged pled guilty and paid the amount of
the penalty specified in the ticket.
(5) A disqualification under this section may be in addition
to, or in lieu of, any other punishment imposed by the court in
respect of the offence and the court may provide for the
disqualification to run concurrent with, or consecutive to, any
other disqualification.”.
Amends section 9 of principal Act
5 Section 9 of the principal Act is amended by inserting next after
subsection (3) the following subsection ⎯
“(4) No application may be made under this section for the
removal of a disqualification under section 4B.”.
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
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Replaces Schedule 1 to principal Act
6 Schedule 1 to the principal Act is repealed and the Schedule 1
set out in the Schedule to this Act, is substituted.
Commencement
7 This Act comes into operation on such day as the Minister may
appoint by notice published in the Gazette.
SCHEDULE
"SCHEDULE 1
PROSECUTION AND PUNISHMENT OF OFFENCES (Section 2)
Head 1—Act
Head 2—Provision Creating Offence
Head 3—General Nature of offence
Head 4—Mode of Prosecution
Head 5—Punishment
Head 6—Disqualification
Head 7—Demerit points
Head 1: Road Traffic Act 1947
Head 2: section 4(4)
Head 3: using vehicle in contravention of order regulating use
Head 4: summary
Head 5: $200
Head 6: discretionary 6 months
Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 5(3)
Head 3: using vehicle in contravention of restriction or prohibition of use
of highway
Head 4: summary
Head 5: $50
Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 6
Head 3: failing to move on etc. when required by police officer
Head 4: summary
Head 5: $100
Head 7: 3 points
Head 1: Road Traffic Act 1947
Head 2: section 7(4)
Head 3: exceeding speed limit
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
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Head 4: summary
Head 5: if first offence - $500 or 3 months, or both
if second offence committed within 2 years of date of con-
viction of first offence - $1,000 or 6 months, or both
if second offence in any other case - $500 or 3 months, or
both
if third or subsequent offence committed within 2 years of
date of conviction of first offence - $2,000 or 18 months,
or both
if third or subsequent offence in any other case - $500 or 3
months or both
Head 6: [see section 3A and Schedule 4.]
Head 7: if first offence – 4 to 7 points
if second offence committed within 2 years of date of con-
viction of first offence – 10 points
if second offence in any other case – 4 to 7 points
if third or subsequent offence committed within 2 years of
date of conviction of first offence - 12 points
if third or subsequent offence in any other case – 7 to 10
points.
Head 1: Road Traffic Act 1947
Head 2: section 12
Head 3: neglecting traffic directions or signs
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 13(7)
Head 3: unlawful parking
Head 4: summary
Head 5: $100
Head 1: Road Traffic Act 1947
Head 2: section 14
Head 3: leaving vehicle in dangerous position
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 15(2)
Head 3: failing to take proper steps in event of mechanical breakdown
etc
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
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Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 16(2)
Head 3: failing to secure etc unattended vehicle
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 17(2)
Head 3: failing to stop at intersection
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 18(4)
Head 3: unlawful riding by or carrying of passengers
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 5 points
Head 1: Road Traffic Act 1947
Head 2: section 19(3)
Head 3: unlawful sounding of warning device or playing of radio in mo-
tor car
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 20
Head 3: towing of motor cycle or person wearing roller skates
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 21(2)
Head 3: Failing to exhibit "L" plate
Head 4: summary
Head 5: $50
Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 22(3)
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
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Head 3: failing to exhibit "T" plate
Head 4: summary
Head 5: $100
Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 23(3)
Head 3: unlawful towing of vehicle
Head 4: summary
Head 5: $100
Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 25(12)
Head 3: Contravention of provisions as to lighting of vehicles
Head 4: summary
Head 5: $200
Head 7: 4 to 7 points
Head 1: Road Traffic Act 1947
Head 2: section 26(4)
Head 3: Contravention of provisions as to loading of vehicles
Head 4: summary
Head 5: $300
Head 6: discretionary - 3 months
Head 7: 4 to 7 points
Head 1: Road Traffic Act 1947
Head 2: section 27(4)
Head 3: Failing to stop or allow free passage at pedestrian crossing
Head 4: summary
Head 5: $100
Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 27(5)
Head 3: Remaining on pedestrian crossing or failing to comply with sig-
nal of police officer
Head 4: summary
Head 5: $100
Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 30(3)
Head 3: Failing to stop when requested by a police officer
Head 4: summary
Head 5: $300
Head 6: discretionary - 3 months
Head 7: 5 points
Head 1: Road Traffic Act 1947
Head 2: section 31(2)
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
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Head 3: Failing to comply with order to put equipment in good working
order
Head 4: summary
Head 5: $300
Head 6: discretionary - 3 months
Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 32(2)
Head 3: Owner failing to give information to police officer as to driver
and occupants of vehicle
Head 4: summary
Head 5: $300
Head 6: discretionary - 3 months
Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 34(1)
Head 3: Causing death by reckless or dangerous driving
Head 4: on indictment
Head 5: 5 years
Head 6: discretionary - 5 years
Head 7: 12 points
Head 1: Road Traffic Act 1947
Head 2: section 34(2)
Head 3: Causing injury by reckless or dangerous driving
Head 4: summary [see below if on indictment]
Head 5: if first offence - $1,000 or 12 months, or both
if second offence committed within 2 years of date of
conviction of first offence - $2,000 or 18 months, or both
if second offence in any other case - $1,000 or 12
months, or both
if third or subsequent offence committed within 2 years
of date of conviction of first offence - $4,000 or 2 years,
or both
if third or subsequent offence in any other case - $1,000
or 12 months or both
Head 6: if first offence; discretionary - 5 years
if second offence committed within 2 years of date of
conviction of first offence, discretionary - 5 years
if third or subsequent offence committed within 2 years
of date of conviction of first offence; discretionary - 5
years
if third or subsequent offence in any other case; discre-
tionary - 5 years
Head 7: if first offence – 10 to 12 points
if second offence committed within 2 years of date of
conviction of first offence – 12 points
if second offence in any other case – 10 to 12 points
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
9
if third or subsequent offence committed within 2 years
of date of conviction of first offence - 12 points
if third or subsequent offence in any other case – 10 to
12 points
Head 1: Road Traffic Act 1947
Head 2: section 34(2)
Head 3: Causing injury by reckless or dangerous driving
Head 4: on indictment [see above if summary]
Head 5: [on indictment] — 2 years
Head 6: [on indictment] if first offence; discretionary - 2 years
[on indictment] if second offence; discretionary - 3 years
[on indictment] if third offence; discretionary - 5 years
Head 7: 12 points
Head 1: Road Traffic Act 1947
Head 2: section 35(1)
Head 3: Driving or attempting to drive, or having the care or control of a
motor car or an auxiliary bicycle while the ability to do so is impaired
by alcohol or a drug
Head 4: summary
Head 5: if first offence - $1,000 or 12 months, or both
if second offence committed within 2 years of date of con-
viction of first offence - $2,000 or 18 months, or both
if second offence in any other case - $1,000 or 12 months,
or both
if third or subsequent offence committed within 2 years of
date of conviction of first offence - $4,000 or 2 years, or
both
if third or subsequent offence in any other case - $1,000 or
12 months or both
Head 6: if first offence; obligatory - 12 months, discretionary - 5
years
if second offence committed within 2 years of date of con-
viction of first offence; obligatory - 3 years, discre-
tionary—5 years
if third or subsequent offence committed within 2 years of
date of conviction of first offence; obligatory - 5 years
if third or subsequent offence in any other case; obliga-
tory—12 months; discretionary - 5 years
Head 7: if first offence - 10 to 12 points
if second offence committed within 2 years of date of con-
viction of first offence – 12 points
if second offence in any other case – 10 to 12 points
if third or subsequent offence committed within 2 years of
date of conviction of first offence - 12 points
if third or subsequent offence in any other case – 10 to 12
points
Head 1: Road Traffic Act 1947
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
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Head 2: section 35(2)
Head 3: Driving or attempting to drive or having the care or control of a
cycle (not being an auxiliary bicycle) or any other vehicle other than a
motor car while the ability to do so is impaired by alcohol or a drug
Head 4: summary
Head 5: $1,000 or 6 months
Head 7: 10 to 12 points
Head 1: Road Traffic Act 1947
Head 2: section 35(3A)
Head 3: Causing grievous bodily harm by driving or attempting to drive,
or having the care or control of a motor car, auxiliary bicycle, cycle
(not being an auxiliary bicycle) or any other vehicle other than a
motor car while the ability to do so is impaired by alcohol or a drug,
including a dangerous drug, or causing grievous bodily harm by
driving or having the care or control of any such vehicle, whether it
is in motion or not, having consumed alcohol in such a quantity that
the proportion thereof in his blood exceeds 80 milligrammes of
alcohol in 100 millilitres of blood, or while there is present in the
body any dangerous drug
Head 4: on indictment
Head 5: Notwithstanding section 54(a), (b) and (d) of the Criminal Code
1907, not less than 1 and not more than 10 years
Head 6: obligatory - 3 years
Head 7: 10 to 12 points
Head 1: Road Traffic Act 1947
Head 2: section 35(3B)
Head 3: Causing death by driving or attempting to drive, or having the
care or control of a motor car, auxiliary bicycle, cycle (not being an
auxiliary bicycle) or any other vehicle other than a motor car while
the ability to do so is impaired by alcohol or a drug, including a
dangerous drug, or causing death by driving or having the care and
control of any such vehicle, whether it is in motion or not, having
consumed alcohol in such a quantity that the proportion thereof in
his blood exceeds 80 milligrammes of alcohol in 100 millilitres of
blood, or while there is present in the body any dangerous drug
Head 4: on indictment
Head 5: notwithstanding section 54(a), (b) and (d) of the Criminal Code
Act 1907, not less than 1 and not more than 14 years
Head 7: 12 points
Head 1: Road Traffic Act 1947
Head 2: section 35A(2)
Head 3: Failing to comply with the demand of a police officer
Head 4: summary
Head 5: if first offence - $1,000 or 12 months, or both
if second offence committed within 2 years of date of
conviction of first offence - $2,000 or 18 months, or both
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
11
if second offence in any other case - $1,000 or 12
months, or both
if third or subsequent offence committed within 2 years
of date of conviction of first offence - $4,000 or 2 years,
or both
if third or subsequent offence in any other case - $1,000
or 12 months or both
Head 6: if first offence; obligatory - 12 months, discretionary - 5
years
if second offence committed within 2 years of date of
conviction of first offence; obligatory - 3 years, discre-
tionary - 5 years
if third or subsequent offence committed within 2 years
of date of conviction of first offence; obligatory - 5 years
if third or subsequent offence in any other case;
obligatory — 12 months; discretionary - 5 years
Head 7: if first offence – 7 to 10 points
if second offence committed within 2 years of date of
conviction of first offence – 10 points
if second offence in any other case – 7 to 10 points
if third or subsequent offence committed within 2 years
of date of conviction of first offence – 10 points
if third or subsequent offence in any other case – 7 to 10
points
Head 1: Road Traffic Act 1947
Head 2: section 35A
Head 3: Driving or having the care or control of a motor car, auxiliary
bicycle, cycle (not being an auxiliary bicycle) or any other vehicle
other than a motor car, having consumed alcohol in such a quantity
that the proportion of alcohol exceeds 80 milligrammes in 100
millilitres of blood
Head 4: summary
Head 5: if first offence - $1,000 or 12 months, or both
if second offence committed within 2 years of date of
conviction of first offence - $2,000 or 18 months, or both
if second offence in any other case - $1,000 or 12
months, or both
if third or subsequent offence committed within 2 years
of date of conviction of first offence - $4,000 or 2 years,
or both
if third or subsequent offence in any other case - $1,000
or 12 months or both
Head 6: if first offence; obligatory - 12 months, discretionary - 5
years
if second offence committed within 2 years of date of
conviction of first offence; obligatory - 3 years, discre-
tionary - 5 years
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
12
if third or subsequent offence committed within 2 years
of date of conviction of first offence; obligatory - 5 years
if third or subsequent offence in any other case;
obligatory — 12 months; discretionary - 5 years
Head 7: 10 to 12 points
Head 1: Road Traffic Act 1947
Head 2: section 35B(1)
Head 3: Driving, attempting to drive or having the care or control of a
motor car, auxiliary bicycle, cycle (not being an auxiliary bicycle) or
any other vehicle other than a motor car while there is present in the
body any dangerous drug
Head 4: summary
Head 5: if first offence - $1,000 or 12 months, or both
if second offence committed within 2 years of date of conviction
of first offence - $2,000 or 18 months, or both
if second offence in any other case - $1,000 or 12 months, or
both
if third or subsequent offence committed within 2 years of date
of conviction of first offence - $4,000 or 2 years, or both
if third or subsequent offence in any other case - $1,000 or 12
months, or both
Head 6: if first offence; obligatory - 12 months, discretionary - 5 years
if second offence committed within 2 years of date of conviction
of first offence; obligatory - 3 years, discretionary - 5 years
if third or subsequent offence committed within 2 years of date
of conviction of first offence; obligatory - 5 years
if third or subsequent offence in any other case; obligatory - 12
months, discretionary - 5 years
Head 7: 10 to 12 points
Head 1: Road Traffic Act 1947
Head 2: section 35F(3)
Head 3: Failing to comply with the demand of a police officer
Head 4: summary
Head 5: if first offence - $1,000 or 12 months, or both
if second offence committed within 2 years of date of conviction
of first offence - $2,000 or 18 months, or both
if second offence in any other case - $1,000 or 12 months, or
both
if third or subsequent offence committed within 2 years of date
of conviction of first offence - $4,000 or 2 years, or both
if third offence or subsequent offence in any other case - $1,000
or 12 months, or both
Head 6: if first offence; obligatory - 12 months, discretionary - 5 years
if second offence committed within 2 years of date of conviction
of first offence; obligatory - 3 years, discretionary - 5 years
if third or subsequent offence committed within 2 years of date
of conviction of first offence; obligatory - 5 years
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
13
if third or subsequent offence in any other case; obligatory - 12
months, discretionary - 5 years
Head 7: if first offence – 7 to 10 points
if second offence committed within 2 years of date of conviction
of first offence – 10 points
if second offence in any other case – 7 to 10 points
if third or subsequent offence committed within 2 years of date
of conviction of first offence – 10 points
if third offence or subsequent offence in any other case – 7 to 10
points
Head 1: Road Traffic Act 1947
Head 2: section 36(1)
Head 3: Dangerous driving
Head 4: summary
Head 5: if first offence - $1,000 or 12 months, or both
if second offence committed within 2 years of date of conviction
of first offence - $2,000 or 18 months, or both
if second offence in any other case - $1,000 or 12 months, or
both
if third or subsequent offence committed within 2 years of date
of conviction of first offence - $4,000 or 2 years, or both
if third or subsequent offence in any other case - $1,000 or 12
months or both
Head 6: if first offence; discretionary - 5 years
if second offence committed within 2 years of date of conviction
of first offence; discretionary - 5 years
if third or subsequent offence committed within 2 years of date
of conviction of first offence; discretionary - 5 years
if third or subsequent offence in any other case; discretionary - 5
years
Head 7: if first offence – 7 to 10 points
if second offence committed within 2 years of date of conviction
of first offence – 10 points
if second offence in any other case – 7 to 10 points
if third or subsequent offence committed within 2 years of date
of conviction of first offence - 10 points
if third or subsequent offence in any other case – 7 to 10 points
Head 1: Road Traffic Act 1947
Head 2: section 37(1)(2)
Head 3: Driving without due care and attention or reasonable consider-
ation
Head 4: summary
Head 5: if first offence $500
if second offence $750
if third or subsequent offence $1,000 or 6 months, or both
Head 6: if first offence; discretionary - 12 months
if second offence; discretionary - 12 months
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
14
if third or subsequent offence; discretionary - 18 months
Head 7: if first offence - 5 to 7 points
if second offence - 5 to 7 points
if third or subsequent offence - 7 to 10 points
Head 1: Road Traffic Act 1947
Head 2: section 38
Head 3: Opening door of vehicle in a dangerous manner
Head 4: summary
Head 5: $300
Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 40(1)
Head 3: Failing to give right of way to emergency vehicle
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 5 to 7 points
Head 1: Road Traffic Act 1947
Head 2: section 41
Head 3: Driving of vehicle in a defective condition
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Road Traffic Act 1947
Head 2: section 42(2)
Head 3: Failing to stop after accident, to give name and address or to
report accident
Head 4: summary
Head 5: if first offence - $300 or 6 months, or both
if second offence committed within 2 years of date of conviction
of first offence - $600 or 12 months, or both
if second offence in any other case - $300 or 6 months, or both
Head 6: if first offence; discretionary - 6 months
if second offence committed within 2 years of date of conviction
of first offence; discretionary - 6 months
if second offence in any other case; discretionary - 6 months
Head 7: if first offence – 5 to 7 points
if second offence committed within 2 years of date of conviction
of first offence – 7 to 9 points
if second offence in any other case – 5 to 7 points
Head 1: Road Traffic Act 1947
Head 2: section 43(1)
Head 3: Driving auxiliary bicycle while disqualified
Head 4: summary
Head 5: if first offence $500 or 3 months
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
15
if second offence committed within 2 years of the date of
conviction of first offence $1,000 or 6 months
Provided that a person under the age of 18 years shall not be
liable to mandatory imprisonment for an offence under section
43(1)
if second offence in any other case $500 or 3 months
if third or subsequent offence committed within 2 years of the
date of conviction of first offence $1,000 or 12 months
if third offence in any other case $500 or 3 months
Head 6: if first offence; discretionary 3 years
if second offence committed within 2 years of the date of
conviction of first offence; discretionary 5 years
if second offence in any other case; discretionary 3 years
if third or subsequent offence committed within 2 years of the
date of conviction of first offence; discretionary 5 years
if third offence in any other case; discretionary 3 years
Head 7: if first offence - 7 to 9 points
if second offence committed within 2 years of the date of
conviction of first offence - 10 points
if second offence in any other case - 7 to 9 points
if third or subsequent offence committed within 2 years of the
date of conviction of first offence - 12 points
if third offence in any other case - 7 to 9 months
Head 1: Municipalities Act 1923
Head 2: section 46
Head 3: Contravention of municipal ordinance controlling traffic
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Parking of Vehicles (Designated Areas) Act 1973
Head 2: section 4
Head 3: Parking in contravention of notice
Head 4: summary
Head 5: $50
Head 1: Parking of Vehicles (Designated Areas) Act 1973
Head 2: section 5
Head 3: Unauthorized parking in reserved area
Head 4: summary
Head 5: $50
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 9(1)
Head 3: Driving private auxiliary bicycle without a driver's licence
Head 4: summary
Head 5: $300
Head 6: discretionary - 12 months
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
16
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 9(2)
Head 3: Allowing unlicensed person to use private auxiliary bicycle
Head 4: summary
Head 5: $300
Head 6: discretionary - 12 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 10(2)
Head 3: Failing to produce driver's licence
Head 4: summary
Head 5: $50
Head 7: 2 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 10A(2)
Head 3: Driving or riding auxiliary bicycle not wearing protective head-
gear
Head 4: summary
Head 5: $100
Head 6: discretionary - 6 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 11(1)
Head 3: Using or allowing use of auxiliary bicycle not equipped in accor-
dance with regulations or with equipment not in working order
Head 5: $200
Head 6: discretionary - 6 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 12
Head 3: Using or allowing use of unsafe auxiliary bicycle
Head 4: summary
Head 5: $300
Head 6: discretionary - 12 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 13(1)
Head 3: Using or allowing use of auxiliary bicycle in condition causing
undue noise
Head 4: summary
Head 5: $300
Head 6: discretionary - 12 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
17
Head 2: section 13(2)
Head 3: Using or allowing use of auxiliary bicycle in manner causing
unnecessary noise
Head 4: summary
Head 5: $300
Head 6: discretionary - 12 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 14(3)
Head 3: Using auxiliary bicycle while prohibition order in force
Head 4: summary
Head 5: $300
Head 6: discretionary - 12 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 15(1)
Head 3: Using auxiliary bicycle while under the age of 16 years
Head 4: summary
Head 5: $300
Head 6: discretionary - 12 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 15(2)
Head 3: Allowing person under the age of 16 years to use auxiliary bicy-
cle
Head 4: summary
Head 5: $300
Head 6: discretionary - 12 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 17(2)
Head 3: Using or allowing the use of an unlicensed auxiliary bicycle on a
highway or keeping or allowing or causing the keeping of an
unlicensed auxiliary bicycle in a public place
Head 4: summary
Head 5: $450
Head 6: discretionary - 12 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 23
Head 3: Using or allowing use of unregistered auxiliary bicycle or auxil-
iary bicycle not bearing identification number
Head 4: summary
Head 5: $300
Head 6: discretionary - 12 months
Head 7: 5 to 7 points
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
18
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 37(1)
Head 3: Failing to stop auxiliary bicycle when requested by police officer
Head 4: summary
Head 5: $300
Head 6: discretionary - 12 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 38(1)
Head 3: Failing to give name and address to police officer
Head 4: summary
Head 5: $300
Head 6: discretionary - 12 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 38(2)
Head 3: Failing to produce licence when required by police officer
Head 4: summary
Head 5: $300
Head 6: discretionary - 12 months
Head 7: 5 to 7 points
Head 1: Auxiliary Bicycles Act 1954
Head 2: section 45
Head 3: Contravention of Head 1 or regulations or order, demand, re-
quirement or direction made thereunder
Head 4: summary
Head 5: $200
Head 6: discretionary - 6 months
Head 7: 5 to 7 points
Head 1: Cycles Act 1955
Head 2: section 2
Head 3: Riding improperly equipped pedal cycle
Head 4: summary
Head 5: $100
Head 7: 2 points
Head 1: Cycles Act 1955
Head 2: section 3
Head 3: Riding pedicar on highway
Head 4: summary
Head 5: $100
Head 7: 2 points
Head 1: Motor Car Act 1951
Head 2: section 10(1)
Head 3: Using or allowing use of motor car not in accordance with spec-
ifications
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
19
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 11(1)
Head 3: Using or allowing use of motor car of design, or colour or dis-
playing advertising matter prohibited by regulations
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 11(2)
Head 3: Using or allowing the use of motor car not equipped in accor-
dance with regulations or with equipment not in working order
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 12(1)
Head 3: Using or allowing use of unlawful motor car
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 20C
Head 3: failing to wear a seat belt
Head 4: summary
Head 5: $200
Head 7: 5 to 7 points
Head 1: Motor Car Act 1951
Head 2: section 22(1)
Head 3: Using or allowing use of instructional vehicle without permit
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 24
Head 3: Unauthorized use of motor cycle
Head 4: summary
Head 5: $300
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
20
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 25
Head 3: Unauthorised use of invalid chair
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 25B
Head 3: Unauthorised use of funeral home limousine
Head 4: summary
Head 5: $300
Head 6: discretionary – 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 26
Head 3: Unauthorised use of motor car for hire or reward
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 7 to 9 points
Head 1: Motor Car Act 1951
Head 2: section 33
Head 3: Unauthorised use of motor taxi
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 7 to 9 points
Head 1: Motor Car Act 1951
Head 2: section 36
Head 3: Unauthorised use of airport limousine
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 7 to 9 points
Head 1: Motor Car Act 1951
Head 2: section 40
Head 3: Unauthorised use of truck
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 7 to 9 points
Head 1: Motor Car Act 1951
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
21
Head 2: section 41
Head 3: Unauthorised use of self-propelled constructional machine
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 4 to 6 points
Head 1: Motor Car Act 1951
Head 2: section 42
Head 3: Unauthorised use of tracked vehicle
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 4 to 6 points
Head 1: Motor Car Act 1951
Head 2: section 44
Head 3: Unauthorised use of tank wagon etc
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 4 to 6 points
Head 1: Motor Car Act 1951
Head 2: section 47
Head 3: Unauthorised use of trailer
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 7 to 10 points
Head 1: Motor Car Act 1951
Head 2: section 52(2)(a)(i)
Head 3: using or allowing use of an unlicensed motor car other than a
motor cycle
Head 4: summary
Head 5: $1,000
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 52(2)(a)(ii)
Head 3: Using or allowing use of unlicensed motor cycle
Head 4: summary
Head 5: $450
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 52(2)(b)
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
22
Head 3: keeping or allowing the keeping of an unlicensed motor car,
other than a motor cycle, in a public place
Head 4: summary
Head 5: $1,000
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 52(2)(c)
Head 3: keeping or allowing the keeping of an unlicensed motor cycle, in
a public place
Head 4: summary
Head 5: $450
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 53(2)
Head 3: Using motor car in contravention of conditions of licence
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 65
Head 3: Using unregistered motor car or motor car not bearing identifi-
cation plate
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 74(1)
Head 3: Driving motor car without driver's licence or permitting unli-
censed person to drive
Head 4: summary
Head 5: $300
Head 6: discretionary - 6 months
Head 7: 7 to 10 points
Head 1: Motor Car Act 1951
Head 2: section 85(2)
Head 3: Failing to produce driver's licence when required by police offi-
cer
Head 4: summary
Head 5: $100
Head 7: 5 to 7 points
Head 1: Motor Car Act 1951
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
23
Head 2: section 111(1)
Head 3: Failing to stop motor car when requested or signalled by police
officer
Head 4: summary
Head 5: $100
Head 6: discretionary - 6 months
Head 7: 5 to 7 points
Head 1: Motor Car Act 1951
Head 2: section 112(1)
Head 3: Driver failing to give name and address when required by police
officer
Head 4: summary
Head 5: $100
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 112(2)
Head 3: Driver failing to produce motor car licence when required by
police officer
Head 4: summary
Head 5: $100
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 114
Head 3: Owner failing to give information to police officer as to driver
and occupant of motor car
Head 4: summary
Head 5: $100
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 120
Head 3: Contravention of Act or regulations or order, demand, require-
ment or direction made thereunder
Head 4: summary
Head 5: $100
Head 6: discretionary - 6 months
Head 7: 2 to 4 points
Head 1: Motor Car Act 1951
Head 2: section 123
Head 3: Driving motor car while disqualified
Head 4: summary
Head 5: if first offence $1,000 or 3 months
if second offence committed within 2 years of the date of
conviction of first offence $1,000 or 6 months
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2005
24
if second offence in any other case $1,000 or 3 months
if third or subsequent offence committed within 2 years of the
date of conviction of first offence $1,000 or 12 months
if third offence in any other case $1,000 or 3 months
Head 6: if first offence; discretionary 3 years
if second offence committed within 2 years of the date of
conviction of first offence; discretionary 5 years
if second offence in any other case; discretionary 3 years
if third or subsequent offence committed within 2 years of the
date of conviction of first offence; discretionary 5 years
if third offence in any other case; discretionary 3 years
Head 7: if first offence - 7 to 10 points
if second offence committed within 2 years of the date of
conviction of first offence - 12 points
if second offence in any other case - 7 to 10 points
if third or subsequent offence committed within 2 years of the
date of conviction of first offence - 12 points
if third offence in any other case - 7 to 10 points
Head 1: Motor Cycles and Auxiliary Bicycles (Special Measures of Con-
trol) Act 1953
Head 2: section 6(2)
Head 3: Driving of riding motor cycle not wearing protective headgear
Head 4: summary
Head 5: $100
Head 6: discretionary - 6 months
Head 7: 5 to 7 points”.
