Transport Operations (Road Use Management) Act

The following table gives examples of offences and the maximum penalties (fine or years of imprisonment) that apply under the Transport Operations (Road Use Management) Act 1995.

There are often higher maximum penalties for offenders who have been convicted of other traffic offences within the preceding five years.

The general alcohol limit is 0.050g or more of alcohol in 210L of breath. The middle limit is 0.100g or more and the high limit is 0.150g or more.

Maximum penalty

Offences

14 penalty units ($1,868) or 3 months

Drive (or attempt to put in motion/be in charge of) a motor vehicle or vessel while over the general, but not over the middle, alcohol limit

Drive (or attempt to put in motion/be in charge of) a motor vehicle or vessel while a relevant drug is present in blood or saliva

20 penalty units ($2,669) or 6 months

Drive (or attempt to put in motion/be in charge of) a motor vehicle or vessel while over middle, but not over high, alcohol limit

40 penalty units ($5,338) or 6 months

Failing to provide specimen (of breath, saliva or in some circumstances, blood) as required

Driving without due care and attention or reasonable consideration for other persons using the road or place

Racing and speed trials on roads (organising, promoting or taking part in)

28 penalty units ($3,736) or 9 months

Drive (or attempt to put in motion/be in charge of) a motor vehicle or vessel while under the influence of liquor (over the high alcohol limit) or a drug

40 penalty units ($5,338) or 12 months

Unlicensed driving

80 penalty units ($10,676) or 12 months

Driving without due care and attention or reasonable consideration for other persons using the road or place, causing death of or grievous bodily harm to another person

160 penalty units ($21,352) or 2 years

As above (due care causing death etc) but offender was also an unlicensed driver (penalty doubled)

60 penalty units ($8,007) or 18 months

Driving while disqualified by any court order from holding or obtaining a driver licence

If a person dies/suffers grievous bodily harm:
120 penalty units ($16,014) or 3 years

Otherwise:
20 penalty units or 1 year

Driver of a vehicle/tram/animal on a road, or motor vehicle other than on a road, involved in an incident resulting in injury/death, does not:

  • immediately stop;
  • remain at/near the scene; and
  • if person injured give what assistance they can and do what they can to obtain medical/other aid; or
  • if a person is dead or appears to be, show proper respect for the body and do what they can to move it to an appropriate place

What is a penalty unit?

Maximum fines are expressed as set numbers of penalty units. Each penalty unit is worth a set number of dollars and cents.

This information is not intended to provide legal advice and has been prepared for the purposes of providing information only. While all reasonable care has been taken in the preparation of this information, no liability is assumed for any errors or omissions.