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65B Use of mobile communication device while driving

... Use of mobile communication device while driving A driver of a vehicle who holds in his or her hand a mobile communication device and operates any of its communicative or other functions, while the vehicle is in motion on a road or in a public place is guilty of an offence and is liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. 28/2014; 9/2020 To avoid doubt, subsection (1) does not apply to a mobile communication device that is a wearable device (such as a smart watch), when it is worn by the driver or rider in the manner intended by the manufacturer of the wearable device. 9/2020 Where a person who is convicted or found guilty of an offence under subsection (1) is a repeat offender, the person is liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both. 28/2014 In this section — communicative function means any of the following functions: sending or receiving oral or written messages, audio phone calls or video calls; sending or receiving electronic documents; sending or receiving still or moving images; sending or receiving audio or video files; providing access to the Internet; mobile communication device means — a mobile phone; or any wireless handheld device (such as a tablet computer) or wearable device (such as a smart watch) designed or capable of being used for a communicative function; repeat offender , in relation to an offence under subsection (1), means a person who is convicted or found guilty of that offence (called the current offence) and who was previously convicted or found guilty of — an offence under subsection (1); an offence under section 65B as in force immediately before ; or an offence under section 65B as in force immediately before , on at least one previous occasion before the date on which the person is convicted or found guilty of the current offence. 28/2014; 9/2020 ...

47L Production of competency test certificate

... Production of competency test certificate A police officer or a duly authorised person may, for the purpose of ensuring that any test-needed-to-ride-on-road vehicle that is being or may be used on a road complies with this Act, at any time order the rider of the vehicle to produce the rider's competency test certificate for examination or other identity documents so as to enable the police officer or duly authorised person (as the case may be) to ascertain — the identity of the rider; and the authority by which the competency test certificate was granted. 12/2021 A rider of a vehicle to whom an order under subsection (1) is given who refuses or neglects to comply with the order commits an offence and shall be liable on conviction — to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; but where the individual is a repeat offender, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. 12/2021 However, subsection (2) does not apply if within 48 hours after an order is given to a rider of a vehicle under subsection (1), the rider produces the competency test certificate in person at any police station or other place that is specified by the police officer or duly authorised person (as the case may be) at the time the order was given. 12/2021 An individual to whom a digital competency test certificate is granted who holds, or produces or carries a mobile communication device or other electronic device on which the digital competency test certificate is displayed for the purpose of complying with an order under subsection (1) to produce a competency test certificate, is taken to have produced a competency test certificate for that purpose. 12/2021 However, a digital competency test certificate is not displayed for the purpose of complying with an order under subsection (1) to produce or carry a competency test certificate if — the screen of the mobile communication device or other electronic device on which it is purportedly displayed is unable to be read by the person to whom it is displayed due to cracking, dimming, dirt or any other fault, damage or obstruction; the individual fails or refuses to comply with a reasonable request by the person to whom it is purported to be displayed to facilitate the...
... mobile communication device or other electronic device on which the digital competency test certificate is displayed or purported to be displayed. 12/2021 An individual is a repeat offender in relation to an offence under subsection (2) if the individual...

47H Grant of competency test certificate for road‑only PAB

... Grant of competency test certificate for road-only PAB Subject to subsection (2), the test authority may, on the application under subsection (3) by an individual, grant the individual a competency test certificate in respect of riding any road-only PAB certifying that the individual has passed the prescribed test of competence for the road-only PAB. 12/2021 The test authority may grant under subsection (1) an individual a competency test certificate certifying that the individual has passed the prescribed test of competence for riding a road-only PAB if, and only if, the test authority is satisfied that the individual — has attended and successfully completed, not earlier than a prescribed time before that application is made, a prescribed test of competence relating to the road-only PAB; and is not below the minimum riding age (if prescribed) for the purposes of section 62 relating to the road-only PAB. 12/2021 An application for a competency test certificate relating to a road-only PAB must — be in the form and manner the test authority requires; be accompanied by an application fee, if prescribed; state the description of the road-only PAB that is the subject of the application; and contain an undertaking to take, or a declaration that the applicant has attended and successfully completed (as the case may be) a prescribed test of competence to ride the road-only PAB that is the subject of the application. 12/2021 The test authority may refuse to consider an application under subsection (3) that is incomplete or not made in accordance with this section. 12/2021 To avoid doubt, a competency test certificate may be granted in a digital form, consisting of evidence of the grant of the competency test certificate using information relating to the individual granted the competency test certificate that is displayed on a mobile communication device or other electronic device. 12/2021 ...

47N Power to seize competency test certificate

... Power to seize competency test certificate A police officer or duly authorised person may, with no other authority than this section, seize a competency test certificate or an article resembling a competency test certificate if — the competency test certificate or article is produced to the police officer or duly authorised person (as the case may be) pursuant to an order under section 47L(1) or otherwise, by an individual who represents it as a competency test certificate granted to that individual; and the police officer or duly authorised person (as the case may be) has reason to believe that — the competency test certificate is unlawfully in the possession of that individual who produced it; or the competency test certificate or article is evidence of the commission of an offence under section 47J(1) or 47M, or section 23H(1) or 47(6) of the Active Mobility Act 2017. 12/2021 Every competency test certificate seized under subsection (1) must be forwarded to the relevant authority who issued the competency test certificate, and the relevant authority may — return the competency test certificate to the individual who produced it, if the relevant authority is satisfied that the competency test certificate was lawfully in the possession of the individual who produced it; or in any other case, deal with it in such manner as the test authority thinks fit. 12/2021 However, the authority conferred by subsection (1) to seize a competency test certificate or any article resembling a competency test certificate does not extend to a mobile communication device or other electronic device on which a digital competency test certificate is displayed. 12/2021 ...

79 Offence for driving heavy motor vehicle without police escort

...Offence for driving heavy motor vehicle without police escort Any person who drives or causes to be driven on any road a heavy motor vehicle the overall height of which exceeds 4.5 metres without being escorted by a police officer, or an auxiliary police officer appointed in accordance with any written law, shall be guilty of an offence. 4/2006 A person guilty of an offence under subsection (1) shall be liable on conviction — for a first offence, to imprisonment for a presumptive minimum term of not less than one year and not more than 3 years and, in addition, to a fine not exceeding $2,000; and for a second or subsequent offence, to imprisonment for a term of not less than 2 years and not more than 5 years and, in addition, to a fine not exceeding $5,000. 4/2006; 15/2019 Deleted by Act 4 of 2006 A person convicted of an offence under subsection (1) is, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification — in the case of a first offence, to be disqualified from holding or obtaining a driving licence for a period of not less than one year; and in the case of a second or subsequent offence, to be disqualified from holding or obtaining a driving licence for a period of not less than 2 years. 4/2006 Any disqualification imposed against any person under subsection (4) takes effect from the date the person is released from prison. In this section — heavy motor vehicle means — a goods vehicle the weight of which unladen exceeds 2,500 kilogrammes; a motor vehicle which is — an engineering plant or a mobile crane or is designed and constructed for engineering operations; or drawing a trailer carrying a container or other load; overall height , in relation to a heavy motor vehicle, means the distance between the surface on which the vehicle rests and the highest point of the vehicle, and where it is carrying a load the highest point of its load. 4/2006 ...

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