Serious and Major Traffic Offences and Penalties in the Northern Territory (NT)

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In the Northern Territory, certain traffic acts done while driving on the roads are considered offences under the Criminal Code Act 1983 (NT) and the Traffic Act 1987 (NT). The Criminal Code Act, amongst other offences, also provides for offences such as the dangerous driving of vehicles.

As a citizen and road user in the Northern Territory, you must be aware of these offences, which can leave you with a criminal record or even send you to jail. We will look at the major traffic offences in the North Territory below.

If you get a conviction for a serious or major traffic offence, the offence will show up as a disclosable court outcome on the results of your criminal background check.

Driving Vehicle Resulting in Death or Serious Harm

Section 174F of the Criminal Code Act 1983 (NT) makes it an offence to drive a vehicle in a dangerous way that causes the death of another person. Section 174F(2) of the Act also makes it a crime where such dangerous driving inflicts serious harm on another person.

You had no intention to commit such conduct that led to any of the above is not an excuse under the law. It is a strict responsibility offence, which implies that simply committing the act will result in a conviction.

Section 174F(3) of the Act states what is considered dangerous driving under the act. It provides that a person will be deemed to drive a vehicle dangerously where:

• The driver drives while under the impact of alcohol or any drug, which renders him unable to properly control the vehicle.
• The driver drives at a speed that exposes danger to another person.
• The driver drives in a hazardous way to the other road users.

• If the activity results in the death of another person, the maximum penalty is ten years in jail.
• A maximum penalty of 7 years if the conduct causes serious harm to another.

Hit and Run Offence

Hit and Run is an offence under Section 174FA of the Criminal Code Act 1983 (NT). When a driver of a vehicle fails to stop after being involved in an accident that causes a person's death or significant injury to another person, it is considered a criminal offence. The law places a responsibility on such drivers to stop the vehicle, help the victim, and notify a police representative of the accident and its location.

Before one can be found guilty of this offence, it must be shown that the driver in question is aware of the occurrence and that it led to another person's death or severe injury.

• Imprisonment for 10 years where the consequence is the death of another.
• Imprisonment for 7 years where the consequence is the serious injury of another person.

Note that the word 'vehicle' under this section is not limited to only motor vehicles. It covers all means of road transportation like bicycles, carriages, cars, etc.

Dangerous Driving During Pursuit

In the Northern Territory, if you disobey the direction of a police officer to stop the vehicle and go ahead from driving the vehicle dangerously while the police officer is pursuing you, it can be said that you have committed an offence. This is provided for in section 174 FB of the Criminal Code Act 1983 (NT). Section 174FB 2(C) considers dangerous driving to be:

• When the driver is unable to control the vehicle as a result of alcohol or drugs
• Driving at a speed that poses a danger to another person.
• Drives in a way that is dangerous to another.

Anyone found guilty under this provision is liable to a maximum penalty of 5 years imprisonment.

It is a valid defence if you reasonably believed that the police officer had not directed you to stop the vehicle. The accused bears the burden of proof. A vehicle here also covers all means of road transportation.

Speeding Offence

It is an offence in Northern Territory to drive a vehicle on the roads above the required speed limit. This action is capable of endangering the lives of other road users and is punishable under the law.

• 6 demerit points and a fine of $1,000 for driving 45km/h above the stated speed limit.
• 4 demerit points and a fine of $600 if you drive 30km/h above the speed limit.
• 3 demerit points and a fine of $300 where you go 15-30km/h above the speed limit.
• 1 demerit point and a fine of $250, where you go 15km/h above the speed limit.

Driving Under the Influence of Alcohol or Drugs

Under section 29AAA of the Traffic Act 1987 (NT), it is an offence to drive a vehicle or instruct another person to drive while in the passenger's seat when under the influence of drugs or alcohol. The law forbids a person who is in such a state and, as a result, has lost the ability to control the vehicle to operate a vehicle.

The maximum penalty for the commission of this offence is:

• For a first-time offender, the penalty is 10 penalty units or 12 months in prison.
• For a second violation, the penalty is 20 penalty units or 12 months in jail.

Driving Unlicensed

In the Northern Territory, it is an offence to drive on the road without a driver's licence or a learner's permit. It is irrelevant that you are merely visiting the Northern Territory.

Where the offence is committed within two months after the expiration of your licence, you will obtain a traffic infringement notice of $200. You could also face a fine of 20 penalty units or a 12-month jail sentence.

Will a serious or major traffic offence show up on a nationally coordinated Nationally Coordinated Criminal History Check?

If an individual is found guilty of a serious or major traffic offence, the offence will show up as a disclosable court outcome (DCO) on the results of a Nationally Coordinated Criminal History Check.

Individuals can obtain a background check online via the Australian National Character Check - ANCC® website.

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