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ROAD SAFETY ACT 1986 - SECT 84BJ

Definitions

    (1)     In this Part—

"applicable offence" means—

        (a)     an offence against section 64(1)

              (i)     in circumstances involving improper use of a motor vehicle; or

              (ii)     in circumstances where a motor vehicle is driven at 45 kilometres per hour or more over the applicable speed limit; or

              (iii)     in circumstances where a motor vehicle is driven, if the applicable speed limit is 110 kilometres per hour, at a speed of 145 kilometres per hour or more;

        (b)     an offence against section 65(1) in circumstances involving improper use of a motor vehicle;

        (c)     an offence against section 65A(1);

        (d)     an offence against section 68(1) or (2);

        (e)     an offence against section 65B or rule 20 of the Road Rules in circumstances where the motor vehicle is driven—

              (i)     at 45 kilometres per hour or more over the applicable speed limit; or

              (ii)     if the applicable speed limit is 110 kilometres per hour, at a speed of 145 kilometres per hour or more;

        (f)     an offence against rule 291 of the Road Rules in circumstances involving improper use of a motor vehicle;

        (g)     an offence against rule 297 of the Road Rules in circumstances involving improper use of a motor vehicle;

S. 84BJ(1) def. of approved provider repealed by No. 68/2017 s. 25.

    *     *     *     *     *



"approved safe driving program" means a program approved under section 84BO;

"court", in relation to an applicable offence, means—

        (a)     the court hearing and determining the charge for the applicable offence; or

        (b)     if an application for an exemption under section 84BL(3) is made on a day after the determination of the charge for the applicable offence—the court hearing the application;

S. 84BJ(1)
def. of improper use of a motor vehicle amended by No. 68/2017 s. 82(a).

"improper use of a motor vehicle", in relation to an applicable offence, means the driving of a motor vehicle in a manner that intentionally causes the motor vehicle to undergo loss of traction by one or more of its wheels.

S. 84BJ(1)
def. of Road Rules repealed by No. 68/2017 s. 82(b).

    *     *     *     *     *

    (2)     For the purposes of this Part, more than one applicable offence arising out of the same set of circumstances are to be treated as a single applicable offence.

    (3)     For the purposes of subsection (2), the same set of circumstances is constituted by one continuous period during which a person continues to drive or be in charge of a motor vehicle.

S. 84BK inserted by No. 50/2012 s. 5.



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