Road rules and traffic offences

Contributed by AlisonCrouch, as amended by EmmaHenke and current to October 2025.

Glossary of terms used in chapter:

CCA Act – Criminal Code Act 1983 (NT) - Schedule 1

SA Act – Sentencing Act 1995 (NT)

TA Act – Traffic Act 1987 (NT)

TR Reg – Traffic Regulations 1999 (NT)

There are many laws governing how a person should behave when in control of a motor vehicle, motor cycle, bicycle, powered cycles or wheeled recreational device.

Most traffic laws are found in the Traffic Act (‘TA Act’) and accompanying Traffic Regulations (‘TR’). The 'Australian Road Rules' (‘ARR’) can be found in Schedule 3 of TR (Traffic Regulations, Schedule 3 - Australian Road Rules 1999 (NT)).

For most traffic offences, such as speeding or failing to wear a seatbelt, an offender will receive a Traffic Infringement Notice (TIN) and will not be required to attend court. However, more serious traffic offences, such as driving without due care, driving without a licence and driving an unregistered vehicle, must be dealt with by a court. While the majority of these offences will generally attract a fine, very serious offences, such as driving while intoxicated or causing death or injury by reckless or dangerous driving, may incur a jail sentence or disqualify an offender from holding a driver's licence for a certain period of time.

This chapter focuses on the traffic offences that require court attendance. Further information on road rules and traffic offences can be found in the Northern Territory Road Users Handbook by clicking here.

Dangerous driving offences

Murder and manslaughter

A person who kills someone accidentally or intentionally through the use of a motor vehicle can be charged with manslaughter or murder [Criminal Code Act 1983 (NT) - Schedule 1 ('CCA Act') ss 156, 160] (see Offences against the person ). The offence of murder carries a mandatory sentence of life imprisonment and a mandatory minimum non-parole period of 20 years Sentencing Act 1995 (NT) s 53A]. The offence of manslaughter does not carry a mandatory sentence [CCA Act s 17]. The maximum penalty for manslaughter is life imprisonment.

Driving motor vehicle causing death or serious harm

A person who drives a motor vehicle dangerously, at a dangerous speed or while under the influence of alcohol or drugs and causes death or serious harm to any person can be charged with driving a motor vehicle causing death or serious harm [Criminal Code Act 1983 (NT) - Schedule 1 ('CCA Act') s174F]. The maximum penalty for an offence where death is caused is 10 years imprisonment. If serious harm is caused the maximum penalty is 7 years imprisonment.

Careless driving

A person that drives a motor vehicle in a manner that does not meet the standard of care of a competent driver with the level of caution appropriate in the circumstances can be charged with careless driving [Traffic Act 1987 (NT) ('TA Act') s 30B]. If the careless driving results in the death of a person, the maximum penalty is 60 penalty units of imprisonment for 2 years [TA Act s 30B(1)]. If the careless driving results in the serious harm of a person, the maximum penalty is 40 penalty units or 18 months imprisonment [TA Act s 30B(2)]. Otherwise, the maximum penalty is 20 penalty units or 6 months imprisonment [TA Act s 30B(3)].

Hit and Run

A person who is involved in an incident that results in the death or serious harm of a person and fails to stop the vehicle at the scene, fails to give reasonable assistance, fails to advise police of relevant particulars or fails to comply with a direction given by the police can be charged with the offence of hit and run [CCA Act S 174A(1)]. The maximum penalty for an offence where death is caused is 10 years imprisonment. If serious harm is caused the maximum penalty is 7 years imprisonment [CCA Act s 174FA(1)].

Dangerous driving during pursuit

A driver who is directed to stop by a police officer, does not comply, is pursued by police, and drives dangerously while being pursued can be charged with the offence of dangerous drive during pursuit [CCA Act s 174FB(1)]. The maximum penalty is 5 years imprisonment [CCA Act s 174FB(1)].

Dangerous driving

A driver can be charged with dangerous driving if caught driving in a reckless or negligent manner that is seen to be a danger to the public [Traffic Act 1987 (NT) ('TA Act') s 30(1)].

A driver can be charged with this offence even though no actual harm has come to any member of the public. In assessing whether a person's driving was dangerous, a court takes into account the time of day, the condition of the road, whether other vehicles were on the road, whether the driver had been drinking, and the age and condition of the vehicle [TA Act s 30(2)].

The maximum penalty for driving in a dangerous manner is a fine of 20 penalty units or 2 years imprisonment. If a court finds a person guilty, it is required, without exception, to cancel their licence for a minimum of 6 months for the first offence and for at least 12 months for any subsequent offence [TA s 30(3)].

Driving at dangerous speed

Distinct from receiving a traffic infringement for speeding, a driver can be charged with the offence of driving at a dangerous speed for driving at a speed that is 45km per hour or more faster than the prescribed speed limit [TA Act s 30A(1)]. The maximum penalty is 20 penalty units or 2 years imprisonment [TA Act s 30A(1)]. If a court finds a person guilty, it is required, without exception, to cancel their licence for a minimum of three months for the first offence and for at least 6 months for any subsequent offence [TA Act s 30A(2)].

Drag racing and burnouts

Unauthorised speed trials or races between vehicles are prohibited on roads or in public places. A person taking part in such an event is subject to a fine of 5 penalty units and a person organising such an event can be fined 10 penalty units. A spectator can even be penalised 1 penalty unit for simply attending such an event [Traffic Regulations 1999 (NT) ('TR Reg') reg 37].

Burnouts and other damage to roads caused by motor vehicles attract a fine of 5 penalty units for each offence [TR Reg S 37A].

Driving without due care

The least serious of the dangerous driving offences is driving without due care. This offence can also apply to bicycle riders. A person is usually charged with driving without due care when they ignore acceptable driving standards or drive without reasonable consideration for others [TR Reg reg 18]. A person charged with driving in a dangerous manner is often charged with driving without due care, though police usually proceed with only one of the charges. There is no mandatory licence disqualification. A person caught driving without due care can be issued a fine of $60 [TR Reg sch 1].

Road rage

Following another vehicle at a very close distance (commonly called tailgating), verbally abusing or obscenely gesturing at another driver, or pursuing another driver are examples of what is commonly referred to as road rage. It is treated the same way as driving dangerously (see above), that is, very seriously, because it is seen as a danger to the public. A driver who is pursued by another driver in a threatening manner should immediately drive to the nearest police station.

Drink and drug driving offences

NT courts treat drink and drug driving offences very seriously.

Under the 'drink and drug driving' legislation, a person who pleads guilty or is found guilty of driving with a blood alcohol content over the legal limit or with drugs in their blood will lose their driver's licence for a specified period. The only exception to this for a first offence of low range blood alcohol content (a reading between 0.05% - 0.08%) or a contravention of the zero alcohol condition for trade related drivers and driving instructors which does not carry an automatic mandatory minimum disqualification [Traffic Act 1987 (NT) ('TA Act') ss 23(4)(a) and (b), 25(6A), 26(4)]. Apart from this exception, a judge has no discretion in relation to licence disqualification. The court is not able to consider that, by losing their licence, an offender will lose their job, their business or face some other unpleasant consequences (though these are factors the court will consider when deciding how long to disqualify a person from driving for). There are no special licences and no exceptions for driving for work purposes or the like.

While a first offence may only result in a fine and licence disqualification, the penalties for subsequent offences are more severe. For example, a person charged with a third drink driving offence may to be sentenced to a period of imprisonment. A prior drink driving offence committed in another state does not result in a further drink driving offence against the TA Act being a second or subsequent offence Burnham v Westphal [2012] NTSC 2 at [6], [25], [27] – [28], Keil v Westphal [2012] NTSC 11 at [9] – [17]].

Simply putting the keys into the vehicle's ignition or otherwise attempting to start the engine can constitute driving. The definition of drugs for this purpose includes legal medications that make a driver disorientated or drowsy. A driver should always check the labels on prescriptions and medications to inform themselves about possible side effects.

How much is too much?

One standard drink increases the blood alcohol concentration of the average woman by 0.03gms per 100ml blood. To stay below 0.05 a woman should have no more than one standard drink per hour.

One standard drink increases the blood alcohol concentration of the average man by 0.02gms per 100ml blood. To stay below 0.05 a man should have no more than two standard drinks in the first hour of drinking and then no more than one standard drink per hour after that.

Any amount of alcohol impairs driving performance. A guide to how many standard drinks are contained in a range of different alcoholic beverages can be found on the Department of Health's website by the links or by clicking here.

Driving under the influence of alcohol or drugs

A person who drives or is a driving instructor occupying a passenger seat for the purpose of instructing another person while under the influence of alcohol or a drug to the extent that they are incapable of having proper control of the vehicle is guilty of an offence [Traffic Act 1987 (NT) ('TA Act') s29AAA(1)]. This offence carries with it a maximum penalty of 10 penalty units or 12 months imprisonment for a first offence and 20 penalty units or 12 months imprisonment for a subsequent offence TA Act s29AAA(1)]. Mandatory licence disqualification periods apply. For a first offence, the court must disqualify the person from driving for at least 6 months on a finding of guilt [TA Act ss 29AAA(3)(a), (3A)(a)]. For a second or subsequent offence involving a drug only, the Court must disqualify the person from driving for at least 12 months [TA Act s 29AAA(3)(b)]. For a second or subsequent offence involving alcohol, the Court must disqualify the person from driving for at least 12 months and if the disqualification period is less than 5 years, the court must require the person only drive with an alcohol ignition lock (‘AIL’) in their vehicle for a period between 1 and 3 years after the mandatory disqualification period expires [TA Act s 29AAA(3)(b)]. A list of which offences can considered prior offences for the purpose of an offence against the section being a second of subsequent offence, please see s 29AAA(2) of the TA Act (see Alcohol Ignition Locks ).

The offence of driving under the influence of alcohol or drugs (DUI) is not the same as driving with a blood alcohol level in excess of 50mg of alcohol per 100mls of blood (see Exceeding 0.05 and 0.08 ) because a driver may be 'below the limit' but still incapable of exercising effective control of a vehicle. Driving requires some degree of skill and coordination and, for the purposes of this offence, a person will be found guilty if there are signs that any of their physical or mental faculties are impaired.

To prove a charge of driving under the influence, the prosecution need to provide evidence of the accused's state and manner of driving. Evidence that the vehicle was moving erratically or failing to stay in one lane, that the driver smelled of liquor, was unsteady on their feet or slurring their words, or had bloodshot eyes may persuade a court that they were too intoxicated or affected by drugs to be driving. If a driver tells police how much alcohol they have consumed, the prosecution will repeat this information in court.

Low range: 0.05% but under 0.08%

Low range breath or blood alcohol content means 0.05 grams or more but less than 0.08 grams of alcohol per 210 litres of exhaled breath or 100 millilitres of blood [Traffic Act 1987 (NT) ('TA Act') s 19]. A person who drives a motor vehicle with a low range breath or blood alcohol content commits an offence [TA Act s 23(1)]

This is the only category of drink driving offence which can be dealt with by a traffic infringement notice. The cost of the on the spot fine is $400. If police issue you with one of these, you can pay the fine and avoid going to court or losing your licence. This charge does not usually go to court unless you are also charged with other offences or you have received a traffic infringement notice for drink driving within the last 3 years. If it does go to court the following penalties apply:

• First offence:
• Maximum penalty of 5 penalty units and/or imprisonment for 3 months; and
  Licence disqualification not compulsory [TA Act s 23(1)]
• Second or subsequent offence:
• Maximum penalty of 7.5 penalty units and/or imprisonment for 6 months [TA Act s 23(1)]; and
• For a second offence compulsory licence disqualification for a minimum period of 3 months [TA Act s 23(4)(a)]; or
• For a third or subsequent offence, compulsory licence disqualification for a minimum period of 6 months [TA Act s 23(4)(b)].

For a list of which offences can considered prior offences for the purpose of an offence against the section being a second of subsequent offence, please see ss 23(2),(3)of the TA Act.

A second or subsequent offence is also an immediate disqualification offence, meaning the police officer can provide the person a notice immediately disqualifying them from driving [TA Act ss 19, 23(5), 29AAN].

Medium range: 0.08% but under 0.150%

Medium range breath or blood alcohol content means 0.08 grams or more but less than 0.15 grams of alcohol per 210 litres of exhaled breath or 100 millilitres of blood [Traffic Act 1987 (NT) ('TA Act') s 19]. A person who drives a motor vehicle with a medium range breath or blood alcohol content commits an offence [TA Act s 22(1)].

• First offence:
• Maximum penalty of 7.5 penalty units and/or imprisonment for 6 months [TA Act s 22(1)]; and
• Compulsory licence disqualification for a minimum period of 6 months [TA Act s 22(3)(a)].
• Second or subsequent offence:
• Maximum penalty of 20 penalty units and/or imprisonment for 12 months [TA Act s 22(1)]; and
• Compulsory licence disqualification for a mandatory period that is at least 12 months [TA Act s 22(3)(b)(i)]; and
• If the mandatory period is less than 5 years, the offender must be subject to an Alcohol Ignition Lock (AIL) period of between 12 months and 3 years immediately after the mandatory licence disqualification period is served (see Alcohol Ignition Locks ) TA Act s 22(3)(b)(ii)].

For a list of which offences can considered prior offences for the purpose of an offence against the section being a second of subsequent offence, please see s 22(2) of the TA Act.

A second or subsequent offence is also an immediate disqualification offence, meaning the police officer can provide the person a notice immediately disqualifying them from driving [TA Act ss 19, 22(3), 29AAN].

High range: 0.15% and over

High range breath or blood alcohol content means 0.15 grams or more of alcohol per 210 litres of exhaled breath or 100 millilitres of blood [Traffic Act 1987 (NT) ('TA Act') s 19]. A person who drives a motor vehicle with a high range breath or blood alcohol content commits an offence [TA Act s 21(1)].

• First offence:
• Maximum penalty of 10 penalty units and/or imprisonment for 12 months [TA Act s 21(1)]; and
• Compulsory licence disqualification for a minimum period of 12 months [TA Act s 21(3)(a)]
• Second or subsequent offence:
• Maximum penalty of 20 penalty units and/or imprisonment for 12 months[TA Act s 21(1)]; and
• Compulsory licence disqualification for a mandatory period that is at least 18 months [TA Act s 21(3)(b)(i)]; and
• If the mandatory period is less than 5 years, the offender must be subject to an Alcohol Ignition Lock (AIL) period of between 12 months and 3 years immediately after the mandatory licence disqualification period is served [TA Act s 21(3)(b)(ii)] (see Alcohol Ignition Locks ).

For a list of which offences can considered prior offences for the purpose of an offence against the section being a second of subsequent offence, please see s 21(2) of the TA Act.

In additional to the above, if the person has been found guilty of any of the offences listed in ss 21(4), (5) in the 3 years before committing the offence before the Court, their licence is automatically cancelled and they are disqualified from driving for a minimum period of 5 years.

An offence against this section is also an immediate disqualification offence, meaning the police officer can provide the person a notice immediately disqualifying them from driving [TA Act ss 19, 21(6), 29AAN].

Drug driving

A person commits an offence if the person drives a motor vehicle or is a driving instructor supervising another person while there is a drug in their body [Traffic Act 1987 (NT) ('TA Act') s 28].

There are two categories of prohibited drugs. The first are drugs that are prohibited completely, which includes illegal drugs such as cannabis, methylamphetamines, ecstasy, heroin and cocaine. The second category are drugs that are prohibited, unless you can show that you took the drug as directed by your doctor. Examples of these types of drugs are morphine and methadone.

The police do not need to prove that your ability to drive was impaired to prove an offence against this section. Police may deal with a first drug offence by issuing a traffic infringement notice, in which case you can pay a fine and avoid going to court or losing your licence

If you do go to court, the following penalties apply:

• First offence:
• Maximum penalty of 5 penalty units and/or imprisonment for 3 months (TA Act s 28(1)]; and
• Licence disqualification not compulsory.
• Second or subsequent offence:
• Maximum penalty of 7.5 penalty units and/or imprisonment for 6 months [TA Act s 28(1)]; and
• For a second offence compulsory licence disqualification for a minimum period of 3 months [TA Act s 28(4)(a)]; or
• For a third or subsequent offence, compulsory licence disqualification for a minimum period of 6 months [TA Act s 28(4)(b)].

For a list of which offences can considered prior offences for the purpose of an offence against the section being a second of subsequent offence, please see s 28(2) of the TA Act.

Zero blood alcohol

The law in the NT requires that drivers in these categories must not have any alcohol in their blood when driving:

• Anyone under 18 years old
• Learner licence (L plate) holders
• Provisional licence (P plate) holders
• Unlicensed drivers (except through failure to renew licence)
• Anyone under 25 who has not held a licence continuously for 3 years
• A 'trade-related driver', meaning:
• A professional driving instructor who is instructing someone to drive
• A driver of a vehicle that has a GVM of more than 15 tonnes
• A driver of a vehicle carrying dangerous goods
• A driver of a commercial passenger vehicle
• A driver of a vehicle capable of seating more than 12 persons (including the driver)
• A driver of a vehicle carrying more than 12 persons
• A driver of a vehicle that has a space designed to carry goods, when a person is travelling in that space.

The penalties for failing to have zero blood alcohol are as follows:

	1st offence Max. fine and/or jail	1st offence Min. disqualification period	2nd or subsequent offence Max. fine and/or jail	2nd offence Min. disqualification period	3rd + offence Min. disqualification period	List of prior offences for purposes of section
L & P plater, under 18 & unlicensed drivers	5 penalty units/3 months	3 months	7.5 penalty units/6 months	Min. 6 months + 6 months AIL period* (if no AIL - total of min. 12 months)	Same as second offence	TA Act s 24(3)
Trade-related drivers & under 25 with licence for < 3 years	5 penalty units/3 months	Discretionary	7.5 penalty units/6 months	Min. 3 months + 6 months AIL period (if no AIL - total of min. 9 months)	Min. 6 months + 6 month AIL period (if no AIL total of min. 12 months)	TA Act s 25(4)
Driving instructors	5 penalty units/3 months	5 penalty units/3 months	7.5 penalty units/6 months	Min 3 months	Min. 6 months	TA Act s 26(2)

Breath, saliva and blood tests

Breath tests

The term breath test refers to a test of a sample of a person’s breath to assess whether there is alcohol present and if so, the concentration of alcohol [Traffic Act 1987 (NT) ('TA Act') s 3].

The police have the power to require a person to undergo a roadside breath test in certain circumstances. One of these circumstances is whether a person is directed to pull over for a random breath test [TA Act ss 29AAB(1), 29AAC]. Another is when police have a reasonable suspicion that a driver has committed a drink or drug driving offence [TA Act s 29AAC(ab)]. If a driver refuses to submit to a breath test, or fails to provide a sufficient sample of breath for the purposes of the breath test, they can be arrested for the purposes of a breath analysis [TA Act s29AAC(4)].

Police do not have to actually catch an intoxicated driver in the act. A breath test can be conducted up to 4 hours after a person has stopped driving [TA Act s 29AAC(2)].

A person who fails to comply with a direction to pull over to submit to breath test can be charged. The following penalties apply:

• First offence
• Maximum penalty of 10 penalty units and/or imprisonment for 12 months
• Compulsory licence disqualification for a minimum period of 12 months

• Second or subsequent offence

• Maximum penalty of 20 penalty units and/or imprisonment for 12 months

• Depending on what the prior offence(s) were and how recent they were, a compulsory licence disqualification of 18 months or 5 years applied. If the mandatory period is less than 5 years, the offender must be subject to an Alcohol Ignition Lock (AIL) period of between 12 months and 3 years immediately after the mandatory licence disqualification period is served (see Alcohol Ignition Locks ). To determine which disqualification period applies, refer to ss 29AAB(3)(4)(5)(6) of the TA Act. [TA Act ss 29AAB(4)(5)(6)].

The offence is also an immediate disqualification offence, meaning the police officer can provide the person a notice immediately disqualifying them from driving [TA Act s 29AAB(7)].

A driver who refuses to take a provide a sufficient sample of breath for a breath test or who the officer believes committed a drink driving offence can be arrested without a warrant detained for the purpose of carrying out a breath analysis [TA Act s 29AAB(4)].

Breath analysis

The term breath analysis refers to an analysis of a sample of a person's breath carried out for the purpose of assessing the concentration of alcohol in that person's breath [Traffic Act 1987 (NT) ('TA Act') s 3].

Police are empowered to conduct a breath analysis in the same circumstances as they are empowered to undertake a breath test [TA Act s 29AAC(1)]

A driver who has taken a breath test may then be required to submit to a breath analysis [TA Act ss 29AAB(4)(5)]. Further, a person who has submitted to a breath analysis may be required to submit to another breath analysis (regardless of whether the sample was sufficient on the first occasion) [TA Act s 29AAD(1)].

A person who submits to a breath analysis may, after receiving the results of the initial analysis, request to take a second breath analysis [TA Act s 29AAD].

A driver who refuses to take a breath analysis can be arrested. Refusing a breath analysis or failing to supply a sufficient sample of breath for a breath analysis is a serious offence and attracts the following penalties:

• First offence:
• Maximum penalty of 10 penalty units and/or imprisonment for 12 months
• Compulsory licence disqualification for a minimum period of 12 months

• Second or subsequent offence

• Maximum penalty of 20 penalty units and/or imprisonment for 12 months
• Depending on what the prior offence(s) were and how recent they were, a compulsory licence disqualification of 18 months or 5 years applies. If the mandatory period is less than 5 years, the offender must be subject to an Alcohol Ignition Lock (AIL) period of between 12 months and 3 years immediately after the mandatory licence disqualification period is served (see Alcohol Ignition Locks ). To determine which disqualification period applied, refer to ss 29AAE(2)(3)(4)(5) of the TA Act. [TA Act ss 29AAE(1)(2)(3)(4)(5)].

The offence is also an immediate disqualification offence, meaning the police officer can provide the person a notice immediately disqualifying them from driving [TA Act s 29AAE(6)].

A person is entitled to request an additional analysis of a saliva sample (as their own expense within 6 months of being served an infringement notice or summons for an offence relevant to the saliva sample [TA Act S 29AALA].

Refusing a breath test or breath analysis

A person is allowed to refuse a breath analysis if it would be detrimental to their health or if they have a physical disability that prevents them from providing a sufficient sample of breath [TA Act s29AAC(6)]. Courts treat the requirement to undertake a breath analysis very seriously and any excuse must be supported by sound medical evidence of the condition. For instance, a serious lung disorder would excuse a person from a test, but a chest cold would not.

Blood tests

Blood tests provide a more accurate result than a breath analysis. The police may require a driver to provide a sample of blood for the purpose of analysis in the following circumstances:

• Where police believe that a person's medical condition justifies their refusal to take a breath analysis, they can request them to provide a blood sample instead and the officer believes the person committed a drink driving offence [TA Act s 29AAG(1)(a)]
• Where a person was required to submit o a breath analysis but the instrument failed to provide a result because it was malfunctioning or the person’s reading is too high for the instrument to measure [TA Act s 29AAG(1)(ab)]
• The police officer has reasonable cause to suspect the person’s body contains a prohibited drug (regardless of whether a saliva test gave a positive indication)

Police must make arrangements from the person to be taken to a hospital or health centre for a sample to be taken [Traffic Act 1987 (NT) ('TA Act') S 29AAG(3),

If a driver is required by the police to provide a sample of blood and they refuse to provide the sample, the following penalties apply:

• First offence:
• Maximum penalty of 10 penalty units and/or imprisonment for 12 months
• Compulsory licence disqualification for a minimum period of 12 months.
• Second or subsequent offence:
• Maximum penalty of 20 penalty units and/or imprisonment for 12 months
• Depending on what the prior offence(s) were and how recent they were, a compulsory licence disqualification of 18 months or 5 years applied. If the mandatory period is less than 5 years, the offender must be subject to an Alcohol Ignition Lock (AIL) period of between 12 months and 3 years immediately after the mandatory licence disqualification period is served (see Alcohol Ignition Locks ). To determine which disqualification period applied, refer to ss 29AAH(2)(3)(4)(5) of the TA Act. [TA Act ss 29AAH(1)(2)(3)(4)(5)].

The offence is also an immediate disqualification offence, meaning the police officer can provide the person a notice immediately disqualifying them from driving [TA Act s 29AAH(6)].

However, in circumstances where a person was required to give a blood sample because they were in hospital for injuries and the injuries didn’t arise from a crash where the person was driving, the court must not sentence the person to imprisonment, cancel their licence or impose a fine greater than 1 penalty unit and the offence is not to be taken into account as a prior offence for the purposes of determining a second or subsequent offence [TA Act s 29AAJ].

A driver who has been taken into custody may ask the police to arrange for them to speak to a medical practitioner for the purpose of them taking a sample of their blood. If the request is made, a police officer must make arrangements for them to speak with a medical practitioner [TA Act s 29AAL].

Saliva tests

The police may require that a driver provide sample of their saliva (a saliva test) to see if there are any drugs in the driver's body. The police have the power to do this when they pull a driver over randomly, of if they suspect the driver is under the influence of alcohol or drugs or if they suspect the driver was in a car crash [Traffic Act 1987 (NT) ('TA Act') s29AAF]. If a driver fails to provide the police with a sample of their saliva, the following penalties apply:

• First offence:
• Maximum penalty of 5 penalty units and/or imprisonment for 3 months
• Licence disqualification not compulsory
• Second or subsequent offence:
• Maximum penalty of 7.5 penalty units and/or imprisonment for 6 months
• For a second offence compulsory licence disqualification for a minimum period of 3 months
• For a third or subsequent offence, compulsory licence disqualification for a minimum period of 6 months [TA Act s 29AAFA].

Alcohol Ignition Lock (AIL)

An AIL is a breath testing device and prevents the vehicle being started if the driver has been drinking [Traffic Act 1987 (NT) ('TA Act') s 19].

The law in the NT provides that for certain offences, drivers must be disqualified for a "mandatory period". If that mandatory period is less than 5 years, the driver may be subject to an Alcohol Ignition Lock (AIL) period that is between 6 months and 3 years. This means that after the driver has completed the mandatory period they can apply to have an AIL licence, which permits the driver to drive vehicles that have the AIL installed in their vehicle. They must not drive any vehicle without an AIL installed, and it is a criminal offence to do so. AIL's are quite expensive which precludes many people from being able to have them installed. If a driver elects not to apply for an AIL licence the period of time they are effectively disqualified from driving from is the disqualification period plus the amount of time they were only permitted to drive with an AIL.

Offences related to licence, registration or insurance

Driving while disqualified

If a person is charged with certain drink or drug driving offence, a police officer can, after charging the person, but before the charge is determined in court, give them a notice informing them that their licence is suspended upon them receiving the notice and they are disqualified from driving until such time as the charge is determined [Traffic Act 1987 (NT) ('TA Act') s29AAN].

Importantly, in Assan v Meredith [2007] NTSC 12 it was emphasised that there are certain procedures the police must follow in order to disqualify a driver. The police must physically give the driver a copy of the charge sheet and then physically give the driver notice of disqualification if the driver is to be disqualified.

The maximum penalty for failing to surrender a licence is 20 penalty units/12 months imprisonment, the maximum penalty for applying for a licence in the NT or elsewhere while disqualified from driving is 20 penalty units/12 months imprisonment and the maximum penalty for driving in the NT or elsewhere is imprisonment for 12 months [TA Act s 29AAP].

A person may appeal a licence suspension and disqualification to the Local Court. The appeal must be in writing, within 14 days and set out the exceptional circumstances the person relies upon to justify the setting aside of the notice [TA Act s 29AAQ].

The court is also empowered to disqualify a person from driving. There are mandatory minimum disqualification periods for many drink or drug driving offences.

A person who drives while disqualified by a court from holding or obtaining a driver's licence is guilty of an offence [TA Act s 31] and liable for a maximum penalty of imprisonment for 12 months. The court can also extend an offender's disqualification period for as long as it thinks fit.

Driving a motor vehicle while disqualified is a serious misdemeanour. The offence amounts to a breach of a court order and a jail sentence may be imposed. The combination of driving whilst disqualified and drink or drug driving is treated even more seriously.

Driving unlicensed

Driving a motor vehicle without a current licence, while less serious than driving while disqualified, is still an offence [Traffic Act 1987 (NT) ('TA Act') s 32].

An interstate or overseas visitor driving in the NT is not guilty of an offence if they have a valid interstate or overseas licence.

Any person who becomes resident in the NT must obtain a NT driver's licence. A person is considered to be a resident if they have lived in the NT continuously for 3 months [TA Act s 19].

The maximum penalty for driving unlicensed is 20 penalty units/12 months imprisonment [TA Act ss 32, 52].

Driving unregistered

A motor vehicle must be registered and carry third party insurance to be driven in a public place or on a public street [TA Act s33] (see Motor vehicle accidents ). Third party personal insurance is paid as part of the registration fee. A person who drives an unregistered vehicle is probably uninsured as well (see Driving an uninsured motor vehicle ).

A person can even be found guilty of this offence if the unregistered vehicle they were driving was not theirs and they didn't know it was unregistered or uninsured.

A vehicle registered interstate can be driven in the NT but is required to be registered in the NT within 28 days of arriving.

The maximum penalty for driving an unregistered vehicle is 20 penalty units or imprisonment for 12 months.

Driving an uninsured motor vehicle

Motor vehicles must carry third party insurance. Failure to insure a vehicle is an offence [Traffic Act 1987 (NT) ('TA Act') s 34] that carries a minimum fine for a first offence of 5 penalty units and minimum fine for a second or subsequent offence of 10 penalty units. The mandatory minimum fine does not apply if the offence occurs not more than one month after the registration of the vehicle last expired.

Other driving offences

Driving, using or riding motor vehicle without consent

A person who drives, uses or rides in a motor vehicle that belongs to another person and was taken without that person’s consent can be charged with the offence of driving, using or riding motor vehicle without consent [Criminal Code Act 1983 (NT) - Schedule 1 ('CCA Act') s 228AB(1)]. The maximum penalty is imprisonment for 5 years [CCA Act s 228AB(1)].

Failing to remain at an accident scene or to report an accident

A person involved in a motor vehicle accident the results in injury or damage to person or property must remain at the scene of the accident for sufficient time as to allow other drivers involved to make necessary enquiries, such as exchanging names and addresses, and to render all possible assistance. The person must also report the accident to the police within 24 hours. Failure to do so is an offence punishable by a maximum penalty of 20 penalty units or imprisonment for 6 months [Traffic Regulations 1999 (NT) ('TR Reg') regs 19, 93].

Mobile phones and driving

The driver of a vehicle can make or receive a phone call on a mobile phone if the phone is either secured in a mounting fixed to the vehicle or remotely operated. All other functions (including video calls, texting and emailing) are prohibited while the vehicle is moving, or stationary but not parked, for example, stopped at a traffic light [Traffic Regulations, Schedule 3 - Australian Road Rules 1999 (NT), rule 300]. There must be no touching of the keypad unless the phone is fixed to the vehicle.

The penalty for using a mobile phone whilst driving is a fine of $500 and 3 demerit points [TR Reg sch 1].

A learner or p-plate driver must not use a phone (even by way of a hands free device) unless the vehicle is stationary and not in a lane or line of traffic on the road [TR Reg reg 15A]. The penalty is a fine of $500 and 3 demerit points [TR Reg sch 1].

Minor traffic infringements

Minor traffic offences, which are offences that carry no possibility of imprisonment, can either be dealt with by court proceedings or, if the offender has been issued with a Traffic Infringement Notice (TIN), by paying the fine.

Traffic Infringement Notices

Most offences against the Traffic Act 1987 (NT) ('TA Act') result in motorists being issued with a TIN. In the NT, red light cameras and speed cameras are set up at random. These cameras photograph vehicles running red lights and those that exceed the sign-posted limit. The speed of speeding vehicles is also recorded. A TIN, along with the photograph of the vehicle and details about the time, date and location of the offence, and if relevant, the speed the vehicle was doing, are sent to the registered owner of the vehicle. It is irrelevant who was driving at the time.

In other cases, an offender is stopped by a police officer, who states how the law has been broken and gives the offender the TIN. A TIN can also be sent by post or attached to an offender's vehicle.The TIN states the offence and the fine to be paid. It also states how the infringement can be disputed in court (see also Nature of infringement notices and disputing them in court)

Driver other than the owner

If an owner was not driving at the time of an infringement, most of the time the problem can be solved if the owner asks the person who was driving to pay the fine. If they don't ask or the driver won't pay the owner will have to complete a Notice of Objection Form printed on the back of the TIN, thereby electing to have the matter dealt with by a court. The owner also has to sign the statutory declaration supplied with the TIN, giving details of who was driving and how they came to be driving the car. This has to be forwarded to the police, who will investigate the matter; it is the police who take the matter and any evidence they find before the court.

It is important to note that most businesses that provide employees with work vehicles normally require an offending employee to pay any TIN they incur while driving.

Late payment

If a person cannot afford to pay the fine upfront they should contact the Fines Recovery Unit immediately (see Contact points). The Fines Recovery Unit can set up a payment plan and extend the time in which the person is able to pay the fine [FAPRA s 26]. For further information contact the FRU on 1800 111 530 or visit their website at www.fru.nt.gov.au.

Under the Traffic Infringement Notice Enforcement Scheme (TINES), a motorist who fails to pay their fine within 28 days is sent a courtesy letter which advises them that they must pay the fine plus a late fee within 28 days or elect to have the matter dealt with in the Local Court.

A motorist who does nothing after receiving the letter can be ordered to pay the fine plus costs. If the motorist ignores this order for a further 28 days, a Penalty Enforcement Order under the Fines and Penalties (Recovery) Act (FAPRA) is issued.

Should the fine remain unpaid, the Fines Recovery Unit (FRU) can request that MVR suspend the offenders driver's licence. If there is no licence to suspend, then registration of all vehicles owned by the offender are suspended [FAPRA ss 60,61]. If a fine still remains unpaid after 3 months, then civil action such as an order for the seizure of property may be made [FAPRA s70].