Northern Territory Consolidated Acts

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TRAFFIC ACT 1987 - SECT 30

Dangerous driving

    (1)     A person shall not, on a public street or public place, drive a vehicle recklessly or at a speed or in a manner dangerous to the public.

Penalty:     20 penalty units or imprisonment for 2 years.

    (2)     In considering whether an offence has been committed under this section, the court shall have regard to all the circumstances of the case, including the nature, condition and use of the public street or public place on which the offence is alleged to have been committed, and the amount of traffic which was, or might reasonably have been expected to have been, on that public street or public place at the time.

    (3)     Where a person is found guilty of an offence against subsection (1) by reason of driving a motor vehicle on a public street or public place recklessly or at a speed or in a manner dangerous to the public, the person's licence shall, by force of the finding of guilt, be cancelled and that person shall be disqualified from holding a licence:

        (a)     for a first offence – for a period of 6 months; and

        (b)     for a second or subsequent offence – for a period of 12 months,

or such longer period as the court thinks fit.

    (4)     A member of the Northern Territory Fire and Rescue Service, as defined in section 5(1) of the Fire and Emergency Act 1996 , who drives a vehicle at a speed dangerous to the public does not commit an offence against subsection (1) if:

        (a)     the vehicle is being driven to a place in answer to a call for the services of the Northern Territory Fire and Rescue Service, or while it is in use at a fire or other emergency; and

        (b)     the driver is taking reasonable care in the manner of driving; and

        (c)     the necessity for the speed of driving outweighs the risk to public safety posed by that speed; and

        (d)     the vehicle is displaying a blue or red flashing light or sounding an alarm or siren.

    (4A)     A driver of an ambulance who drives a vehicle at a speed dangerous to the public does not commit an offence against subsection (1) if:

        (a)     the ambulance is being driven in the execution of the driver's duties; and

        (b)     the driver is taking reasonable care in the manner of driving; and

        (c)     the necessity for the speed of driving outweighs the risk to public safety posed by that speed; and

        (d)     the vehicle is displaying a blue or red flashing light or sounding an alarm or siren.

    (5)     A police officer does not commit an offence against subsection (1) if the police officer drives a vehicle in a manner that would otherwise contravene that subsection, but, in the circumstances:

        (a)     the police officer is acting in the execution of the police officer's duties; and

        (b)     the manner of driving is in accordance with any general orders as defined in the Police Administration Act 1978 ; and

        (c)     the police officer reasonably believes that:

            (i)     the manner of driving is necessary to prevent a serious risk to public safety; and

            (ii)     the necessity for the manner of driving outweighs the risk to public safety posed by the manner of driving.



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