Australian Capital Territory Current Acts

ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999 - SECT 5AB

    (1)     A person who is convicted or found guilty of a dangerous driving offence is a first offender in relation to the offence if the person is not a repeat offender in relation to the offence.

Note     Found guilty , of an offence—see the Legislation Act

, dictionary, pt 1.

    (2)     A person who is convicted or found guilty of a dangerous driving offence (the relevant offence ) is a repeat offender in relation to the offence if—

        (a)     the person has been convicted or found guilty of a dangerous driving offence at any time before the relevant offence was committed (whether or not the person has been convicted or found guilty of the dangerous driving offence when the person committed the relevant offence); or

        (b)     the person is convicted or found guilty of 1 or more dangerous driving offences concurrently with being convicted of the relevant offence, and 1 or more of the dangerous driving offences were committed before the relevant offence.

    (3)     In this section:

"dangerous driving offence" means—

        (a)     an offence of culpable driving; or

        (b)     an offence against section 5A (Races, attempts on speed records, speed trials etc); or

        (c)     an offence against section 5B (Improper use of motor vehicle); or

        (d)     an offence against section 5C (Failing to stop motor vehicle for police); or

        (e)     an offence against section 7 (Furious, reckless or dangerous driving); or

        (f)     an offence against section 8 (Menacing driving); or

        (g)     an offence against the Road Transport (Alcohol and Drugs) Act 1977

, section 19 (Prescribed concentration of alcohol in blood or breath); or

        (h)     an offence against the Road Transport (General) Act 1999

, section 60 (1) (which is about requiring people to disclose the identity of a driver), if the requirement is to give information about the driver of a motor vehicle who is alleged to have committed an offence against section 5C; or

              (i)     an offence against the Road Transport (Road Rules) Regulation 2017

, section 20 (Obeying speed limit), if the person exceeded the speed limit applying to the person by more than 45km/h.