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ROAD SAFETY ACT 1986 - SECT 64

Dangerous driving

S. 64(1) amended by No. 13/1992 s. 5(1)(a)(b).

    (1)     A person must not drive a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case.

S. 64(2) amended by Nos 78/1987 s. 14, 13/1992 s. 5(2), 24/2005 s. 7(a)(b), 5/2016 s. 36(Sch.  1 item 33).

    (2)     A person who contravenes subsection (1) is guilty of an offence and is liable to a fine of not more than 240 penalty units or to imprisonment for a term of not more than 2 years or both and on finding a person guilty of the offence the court must, if the offender holds a driver licence or learner permit, cancel that licence or permit and must, whether or not the offender holds a driver licence or learner permit, disqualify the offender from obtaining one for such time (not being less than 6 months or, if the vehicle was driven at a speed of 45 kilometres per hour or more in excess of that permitted, 12 months) as the court thinks fit.

S. 64(2A) inserted by No. 28/2009 s. 18(1).

    (2A)     A person must not drive a vehicle, other than a motor vehicle, at a speed or in a manner that is dangerous to the public, having regard to all the circumstances of the case.

Penalty:     120 penalty units or imprisonment for 12 months or both.

S. 64(3) amended by No. 68/2009 s. 97(Sch. item 106.10).

    (3)     If on a prosecution for an offence under this section the court is not satisfied that the accused is guilty of that offence but is satisfied that the accused is guilty of an offence against section 65, the court may convict the accused of an offence against section 65 and punish the accused accordingly.

S. 64(4) inserted by No. 28/2009 s. 18(2).

    (4)     In this section—

S. 64(4) def. of vehicle amended by No. 68/2017 s. 81(1).

"vehicle" does not include—

        (a)     a non-motorised wheel-chair; or

        (b)     a motorised wheel-chair that is not capable of a speed of more than 10 kilometres per hour.

S. 64A (Heading) amended by No. 43/2011 s. 43(1).

S. 64A inserted by No. 52/2007 s. 9.



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