Northern Territory Consolidated Acts

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TRAFFIC ACT 1987 - SECT 32

Driving while not licensed

    (1)     A person shall not drive a motor vehicle on a public street or public place:

        (a)     unless that person:

            (i)     holds a licence;

            (ii)     is temporarily in the Territory and holds a licence or permit to drive a motor vehicle granted in:

(A)     the country or a State or other Territory of the Commonwealth in which that person usually resides; and

(B)     when required, holds a current international driving permit granted in accordance with the terms of the 1949 United Nations Convention on Road Traffic;

            (iii)     holds a learner's licence; or

            (iv)     is temporarily in the Territory and holds a licence or permit (however referred to) granted in the country or the State or other Territory of the Commonwealth in which that person usually resides which permits the person to drive a motor vehicle to gain experience for the purpose of obtaining a licence to drive a motor vehicle,

    and is driving in accordance with the conditions, if any, of the licence or permit, and the motor vehicle is one which the person is permitted by the licence or permit to drive; or

        (b)     if:

            (i)     that person is disqualified from holding a licence in a State or another Territory of the Commonwealth, during the period that the disqualification is in force; or

            (ii)     the Registrar has revoked or suspended the person's entitlement to drive a motor vehicle under section 101B of the Motor Vehicles Act 1949 , during the period that the revocation or suspension is in force.

    (2)     A person shall not employ, permit or suffer a person to drive a motor vehicle on a public street or public place if that person is not, by virtue of subsection (1), permitted to drive that motor vehicle.

    (3)     For the purposes of subsection (1)(a) or (2), a person who is a resident of the Territory shall be deemed not to hold a licence to drive a motor vehicle unless that person is, under section 8A(3) of the Motor Vehicles Act 1949 , exempted from the requirement to be licensed, notwithstanding that that person is the holder of a licence to drive that motor vehicle granted under a law of a country or of a State or another Territory of the Commonwealth relating to the licensing of persons to drive motor vehicles.

    (4)     In a prosecution for an offence against subsection (1)(a) or (2) relating to a person who is deemed not to hold a licence to drive a motor vehicle by virtue of subsection (3), an averment in the complaint that the person is a resident of the Territory is prima facie evidence of that fact.



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