Traffic Law - What is Major Offence

By Peter C Proctor LL.B.
Accredited Specialist in Criminal Law
Proctor & Associates April 2008

The term "Major Offence" is used regularly in the Road Transport Legislation, but what does it refer to?

There have been occasions when a relatively new magistrate will tell your client who is charged with an offence of "Drive While Suspended" or "Drive while Disqualified" that they have committed a "major offence".

You then try and humbly explain to the magistrate "with respect, it is not a major traffic offence your Honour, despite being a serious offence..." However, the magistrate who has come from a civil background, or no "hands on" legal experience at all, will try and argue the point and to save embarrassment, you don't pursue the issue. It probably doesn't make much difference in any event, given the penalties for such offences.

The Road Transport (General) Act 2005 defines what a major offence means. S.3 (1) Definition states --

"major offence" means:

(a) a crime or offence referred to in the definition of "convicted person" in section 188 (1), or
(b) any other crime or offence that, at the time it was committed, was a major offence under this Act, the Road Transport (General) Act 1999 or the Traffic Act 1909.

We probably don't need to concern ourselves with the 1999 Act as any relevant material contained in it has been included in the amended 2005 Act. Similarly, in respect of the Traffic Act 1909, it has been repealed in excess of 10 years and the summary traffic offences are subject to a statute of limitations.

Section 188 of the Road Transport (General) Act 2005 states as follows:

"188 Disqualification for certain major offences"

"convicted person" means:

(a) a person who is, in respect of the death of or bodily harm to another person caused by or arising out of the use of a motor vehicle driven by the person at the time of the occurrence out of which the death of or harm to the other person arose, convicted of:
(i) the crime of murder or manslaughter, or
(ii) an offence under section 33, 35, 53 or 54 or any other provision of the Crimes Act 1900, or
(b) a person who is convicted of an offence under section 51A or 52AB of the Crimes Act 1900, or
(c) a person who is convicted of an offence under any of the following provisions:
(i) section 42 of the Road Transport (Safety and Traffic Management) Act 1999 of driving a motor vehicle on a road furiously or recklessly or at a speed or in a manner which is dangerous to the public,
(ii) section 42 of the Road Transport (Safety and Traffic Management) Act 1999 of driving a motor vehicle negligently (being driving occasioning death or grievous bodily harm),
(iii) section 43 of the Road Transport (Safety and Traffic Management) Act 1999,
(iv) section 9 (1A), (1), (2) (a) or (b), (3) (a) or (b), (4) (a) or (b) or section 15 (4) or 16 of the Road Transport (Safety and Traffic Management) Act 1999,
(v) section 22 (2) of the Road Transport (Safety and Traffic Management) Act 1999,
(vi) section 12 (1) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999,
(vii) section 29 (2) of the Road Transport (Safety and Traffic Management) Act 1999,
(viii) section 70 of the Road Transport (Safety and Traffic Management) Act 1999,
(ix) section 11B, 18D (2), 18E (9), 18G (1) or 24D (1) of the Road Transport (Safety and Traffic Management) Act 1999, or
(d) a person who is convicted of aiding, abetting, counselling or procuring the commission of, or being an accessory before the fact to, any such crime or offence.

Effectively, the offences referred to in s.188 are -

1. A conviction of murder or manslaughter arising out of the use of motor vehicle;
2. A conviction for an offence under sections 33, 35, 53 or 54 of the Crimes Act arising out of the use of a motor vehicle;
3. A conviction under 51A or 52AB of the Crimes Act;
4. A number of offences arising under the Road Transport (Safety and Traffic Management) Act 1999 being any of the following -
(i) Driving recklessly, furiously or in a manner or speed dangerous to the public (s.42);
(ii) Negligent Driving cause death or grievous bodily harm (s.42);
(iii) Menacing Driving (s.43);
(iv) Drink Driving, refuse breath analysis or wilfully alter concentration. (ss.9, 15(4), 16)
(v) Prevent medical practitioner or nurse from taking blood (s.22(2) );
(vi) Drive under influence of alcohol or drug (s.12);
(vii) Refuse sample of blood or urine or wilfully introduce or alter amount of drug in blood or urine (s.29(2) )(sobriety assessment);
(viii) Failing to stop and assist following impact causing death or injury (s.70) and
(ix) (a) Drug Driving (s.11B);
(b) fail or refuse to provide oral fluid sample (s.18D (2));
(c) refuse or fail to submit to the taking of the sample of blood in accordance with the directions of a medical practitioner, registered nurse or prescribed sample taker. (s.18E (9));
(d) wilfully do anything to introduce, or alter the amount of, any prescribed illicit drug in the person's oral fluid (s.18G (1)); and
(e) Refuse or fail to supply sample of urine or blood (fatal accident) (s.24D (1)).
5. Aiding and abetting, counselling or procuring or accessory before the fact to any of the above.

We can see therefore, that the offences of Drive While Disqualified, Suspended or Cancelled or Never been licensed are not Major Offences.

This is clearly understandable, because these sorts of offences have nothing to do with the character of driving, as is the case with the other offences, nor does it have to do with the risks involved in either actual or potential danger that the other offences pose.

Refer to our website which details the "penalties" relative to the major traffic offences and other types of offences.

We at Proctor and Associates are very experienced in dealing with all types of major and other traffic offences and will be happy to assist you should you have charges pending before the court or simply need legal advice concerning such or any criminal law or traffic law matter.

Any opinions expressed by the writer in this article are not provided as legal advice but simply an opinion in respect of the law as it stands as at April 2008. It is provided as assistance only and should not be interpreted as being legal advice for any particular case. Readers should contact their own lawyer and obtain individual legal advice for their particular case or contact Proctor and Associates and we will be glad to assist you.

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