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Division

13 Traffic and vehicle offences

Australian and New Zealand Standard Offence Classification (ANZSOC)
Reference period
2023

Description

Traffic and vehicle offences include offences relating to the licensing, registration, roadworthiness, or use of vehicles. It also includes pedestrian offences.

Except where otherwise specified, for the purposes of this division, vehicles include but are not limited to cars, trucks, tractors, vans, caravans, campervans, motorbikes, bicycles, scooters, skateboards, boats, ships, trains, trams, horses, and aircraft.

Although the word “drive” is used, it includes the acts of riding, operating, navigating, steering, or otherwise being responsible for the control of a vehicle, except where otherwise specified.

Subdivision

131 Drink or drug driving

Description

Drink and drug driving offences include where a person operating a vehicle (or supervising a learner driver) exceeds the prescribed limit for alcohol or another drug. These limits may vary by jurisdiction and demographic, for example with lower limits for drivers with probationary or provisional licences.

This subdivision excludes offences relating to driving causing death or serious injury, including where the driver was under the influence of alcohol or other drugs.

If drink and drug driving offences cannot be disaggregated, code to 1310 Drink or drug driving, not further defined.

1311 Drink-driving

Drink-driving offences are where the person operating a vehicle or supervising a learner driver exceeds the prescribed limit for blood-alcohol content or is deemed to be under the influence of alcohol.

Inclusions:

  • Drive a car, boat or other motor vehicle while exceeding the prescribed limit for blood-alcohol content or under the influence of alcohol
  • Ride a bike, horse, skateboard, or other non-motorised vehicle while exceeding the prescribed limit for blood-alcohol content or under the influence of alcohol
  • Supervise a learner driver while exceeding the prescribed limit for blood-alcohol content or under the influence of alcohol
  • Unlawfully consume alcohol as a driver, supervising driver, or passenger
  • Other drink-driving offences

Exclusions:

  • Causing serious injury while driving under the influence of alcohol – coded to 0450 Driving causing serious injury
  • Death caused by a driver under the influence of alcohol – coded to 0132 Driving causing death

1312 Drug-driving

Drug-driving offences are where the person operating a vehicle or supervising a learner driver returns a positive test, or is deemed to be under the influence of, a drug or drugs other than alcohol. Drugs may include any substance (other than alcohol) that is psychoactive and/or may cause an impairment to safe driving.

Inclusions:

  • Drive a car, boat or other motor vehicle while exceeding the prescribed limit for, or under the influence of, a drug other than alcohol
  • Ride a bike, horse, skateboard, or other non-motorised vehicle while exceeding the prescribed limit for, or under the influence of, a drug other than alcohol
  • Supervise a learner driver while exceeding the prescribed limit for, or under the influence of, a drug other than alcohol
  • Other drug-driving offences

Exclusions:

  • Causing serious injury while driving under the influence of a drug other than alcohol – coded to 0450 Driving causing serious injury
  • Death caused by a driver under the influence of drugs – coded to 0132 Driving causing death

1313 Drink and drug driving

This group is for drink and drug driving offences, where this is a combined offence type.

Inclusions:

  • Driving while under the influence of both alcohol and another drug, where this is considered to be a single offence

Exclusions:

  • Driving under the influence of alcohol – coded to 1311 Drink-driving
  • Driving under the influence of a drug other than alcohol – coded to 1312 Drug-driving
Subdivision

132 Unsafe operation of a road vehicle

Description

Unsafe operation of a road vehicle includes breaches of regulations designed to protect the driver of a vehicle, the passengers, and others in the vicinity. Road vehicles include cars, trucks, vans, motorbikes, bicycles, or other vehicles designed to be used on a road. It also includes horses where driver safety regulations extend to horse-riding on public land.

It excludes boats, trains, trams, aircraft, and other vehicles that are not road vehicles. It also excludes vehicles driven on private land, such as during use in construction or agriculture.

1321 Exceed speed limit

Exceeding the speed limit is where the driver of a vehicle exceeds the speed restrictions within the area they were driving. Driving is defined as being in control of a vehicle, including cars, motorbikes, bicycles, and other vehicles that travel on roads.

Inclusions:

  • Exceed speed limit of a road
  • Exceed speed limit permitted on a restricted licence
  • Other offences related to exceeding the speed limit in a road vehicle

Exclusions:

  • Driving causing serious injury – coded to 0450 Driving causing serious injury
  • Exceed speed limit in a boat – coded to 1391 Unsafe operation of a boat or ship
  • Exceed speed limit in a vehicle that is not a road vehicle or water vessel – coded to 1399 Traffic and vehicle offences, nec

1322 Drive while using a device

Driving while using a device includes any unlawful interaction with any device while driving, or travelling with a device in an unlawful location, such as in the driver’s hand. For restricted licences, this may include hands-free interactions.

Devices include but are not limited to digital devices such as phones, wearable devices such as smartwatches, inbuilt devices such as navigation or entertainment systems, mounted devices such as media players, and devices within or attached to motorbike helmets. It excludes lawful use of driving aides such as cameras for parking, software for navigation, or digital controls for autonomous vehicles.

Inclusions:

  • Unlawful placement of a device while driving or riding
  • Unlawful use of a device while driving or riding
  • Other offences relating to driving while using a device

Exclusions:

  • Unlawfully drive while using a device causing serious injury – coded to 0450 Driving causing serious injury

1323 Fail to use road vehicle safety equipment

This group includes offences relating to failing to provide, wear or correctly use vehicle safety equipment such as seatbelts, helmets, children’s car seats, or other protective equipment.

Inclusions:

  • Carry a passenger who is not wearing a seatbelt or helmet
  • Fail to secure a baby or child in a legal car seat or capsule
  • Fail to wear seatbelt or helmet, or fail to wear correctly
  • Other offences relating to failing to use road vehicle safety equipment

Exclusions:

  • Fail to provide or wear a lifejacket – coded to 1391 Unsafe operation of a boat or ship

1324 Reckless driving not causing serious injury

This group is for offences involving reckless, careless, or dangerous driving that do not cause serious injury and are not elsewhere classified. This may be where a person is driving in an erratic way and/or is driving to evade police. 

It excludes breaching individual road rules, such as failures to give way or “running a red light” without other components of reckless driving.

Inclusions:

  • Burnouts
  • Drive on the footpath
  • Drive while in pursuit by police
  • Drive without proper control or due care
  • Hooning
  • Reckless driving causing minor injury not elsewhere classified
  • Reckless driving or riding not causing serious injury

Exclusions:

  • Breach of individual road rules that does not constitute reckless driving – coded to 1329 Unsafe operation of a road vehicle, nec
  • Reckless driving causing serious injury – coded to 0450 Driving causing serious injury
  • Reckless navigation of a boat, not causing serious injury – coded to 1391 Unsafe operation of a boat or ship

1329 Unsafe operation of a road vehicle, nec

This group includes any other offences relating to the unsafe operation of a road vehicle, not elsewhere classified.

Inclusions:

  • Breach of road traffic rules
  • Carry a pillion passenger younger than the permitted age
  • Carry an insecure load on a road vehicle
  • Disobey a traffic sign, such as a give way or stop sign
  • Drive through a red light
  • Exceed the passenger capacity of a vehicle
  • Fail to give appropriate signal before turning
  • Fail to keep left of double lines
  • Fail to stop vehicle or render assistance after an accident, where there was no death or serious injury
  • Tailgate
  • Unsafe operation of a driverless vehicle
  • Other offences relating to unsafe operation of a road vehicle, not elsewhere classified

Exclusions:

  • Breach fatigue-management regulation – coded to 1350 Transport regulation offences
  • Breach maritime traffic rules – coded to 1391 Unsafe operation of a boat or ship
  • Breach parking rules – coded to 1392 Parking offences
  • Drive in a reckless manner causing serious injury – coded to 0450 Driving causing serious injury
  • Drive in a reckless manner not causing serious injury – coded to 1324 Reckless driving not causing serious injury
  • Hit and run, not resulting in death – coded to 0450 Driving causing serious injury
  • Operate an unroadworthy vehicle – coded to 1342 Vehicle standards offences
  • Oversize and overload offences – coded to 1350 Transport regulation offences
  • Unlawfully drive into a private or restricted area – coded to 1221 Trespass
  • Unlawfully drive onto a beach or conservation area – coded to 1622 Parks and wildlife offences
Subdivision

133 Driver licence offences

Description

Driver licence offences relate to the ownership or use of a licence to drive a car, truck, bus, motorbike, boat or other vehicle.

1331 Drive while licence disqualified or suspended

This group is for offences relating to driving a vehicle while the person’s licence is disqualified or suspended. 

Inclusions:

  • Drive a car, motorbike, boat or other motor vehicle while licence is disqualified or suspended
  • Supervise a learner driver while license is disqualified or suspended
  • Other offences related to driving while licence is disqualified or suspended

Exclusions:

  • Drive without a licence – coded to 1332 Drive without a licence

1332 Drive without a licence

This group is for offences relating to driving a vehicle where the person does not have a licence to drive a vehicle of that type. This excludes where the licence has been disqualified or suspended.

Inclusions:

  • Drive a car, motorbike, boat or other motor vehicle without a licence for that type of vehicle
  • Drive a truck or other heavy vehicle without a licence
  • Drive with an expired licence
  • Supervise a learner driver without a licence
  • Other offences relating to driving without a licence

Exclusions:

  • Drive using a fake licence – coded to 0819 Obtain benefit by deception, nec
  • Drive while licence is disqualified or suspended – coded to 1331 Drive while licence disqualified or suspended 

1339 Driver licence offences, nec

This group is for other driver licence offences not elsewhere classified.

Inclusions:

  • Breach conditions for a restricted driving licence, such as exceeding the passenger limit, towing a trailer, or driving a prohibited vehicle type while on a learner, provisional or probationary licence
  • Carry a pillion passenger on a motorbike without the appropriate licence
  • Fail to correctly display L or P plates as required
  • Fail to produce licence when required
  • Other driver licence offences not elsewhere classified

Exclusions:

  • Drink or drug driving offences on a restricted licence – coded to the relevant groups within 131 Drink or drug driving
  • Drive using a fake licence – coded to 0819 Obtain benefit by deception, nec
  • Exceed the speed limit permitted on a restricted licence – coded to 1321 Exceed speed limit
Subdivision

134 Vehicle registration and standards offences

Description

Vehicle registration and standards include the registration of vehicles and their roadworthiness, seaworthiness, and other relevant safety standards. Offences in this subdivision relate to the vehicle itself rather than the actions of the driver.

1341 Vehicle registration offences

Registration offences relate to the registration of a vehicle including cars, trucks, boats and other motor vehicles.

Inclusions:

  • Boat or ship registration offences
  • Drive an uninsured vehicle
  • Drive an unregistered vehicle, excluding where the vehicle has been stolen or another offence has been committed
  • Fail to transfer vehicle ownership
  • Number plate obscured or missing
  • Tow an unregistered trailer or caravan on a public road
  • Other vehicle registration offences

Exclusions

  • Unlawfully take a vehicle for a “joyride” – coded to 0712 Illegal use of a motor vehicle
  • Use of a cloned numberplate – coded to 0811 Identity theft

1342 Vehicle standards offences

Vehicle standards offences relate to roadworthiness, seaworthiness, or other vehicle standards.

Inclusions:

  • Cause or allow a vehicle to make excessive noise, smoke, or other pollutants
  • Civil aviation standards offences
  • Drive a defective vehicle
  • Drive an unroadworthy vehicle
  • Drive with faulty lights or no lights
  • Exceed legal load or size for a vehicle
  • Use a boat or ship that is not seaworthy
  • Other vehicle standards offences

Exclusions:

  • Breach regulations regarding loading and unloading of commercial vehicles – coded to 1292 Occupational safety offences
  • Drive a large vehicle without the relevant licence – coded to 1332 Drive without a licence 
  • Fail to use lights or indicators – coded to 1329 Unsafe operation of a road vehicle, nec
  • Fail to use seatbelt, helmet, legal car seat, or other safety equipment – coded to 1323 Fail to use vehicle safety equipment
Subdivision

135 Transport regulation offences

1350 Transport regulation offences

Transport regulation offences involve the failure to protect the health and safety of passengers or other persons travelling on or coming into contact with transport systems. This includes public or commercial transport on or in roads, rail, water, and air. It excludes rules relating to use of cars and other road vehicles for personal use.

Inclusions:

  • Airport or aircraft regulatory offences
  • Breach regulations relating to driver fatigue
  • Breach regulations relating to rideshare or taxis
  • Breach truck curfews
  • Breach vehicle mass or dimension regulations
  • Civil aviation regulatory offences
  • Fail to protect health or safety of passengers on a transport system
  • Overweight and oversize offences for boats, ships, and trains
  • Reckless acts by passengers on transport systems
  • Unlawful hawking on transport
  • Other transport regulation offences not elsewhere classified

Exclusions:

  • Driver licence offences – coded to the relevant groups in 133 Driver licence offences
  • Fail to purchase a ticket for public transport – coded to 0791 Public transport fare evasion
  • Fail to wear a seatbelt or helmet – coded to 1323 Fail to use road vehicle safety equipment
  • Unlawful interference with aviation – coded to 0499 Harm or endanger persons, nec
  • Use a mobile device while driving a car or other road vehicle – coded to 1322 Drive while using a device
  • Walk, cycle, skateboard, or similar along a trainline or other public or commercial transport zone – coded to 1221 Trespass
Subdivision

139 Other traffic and vehicle offences

1391 Unsafe operation of a boat or ship

This group is for offences relating to the operation of water vehicles such as boats and ships, including private and commercial operation. It relates to the actions or behaviours of the skipper or captain, rather than the vehicle itself. It excludes offences relating to boat licences, drink-driving, drug-driving, vessel standards, or the behaviour of passengers on commercial vessels. It also excludes fishing and trawling offences.

Inclusions:

  • Breach boating or shipping regulations
  • Breach water traffic regulations
  • Fail to provide or wear life jacket
  • Mooring offences
  • Reckless driving of a boat, ship, or other water vessel
  • Speed while driving a water vessel
  • Other offences relating to the unsafe operation of a boat or ship

Exclusions:

  • Boat licence offences – coded to the relevant groups in 133 Driver licence offences
  • Dangerous navigation of a boat causing death or serious injury – coded to 0132 Driving causing death or 0450 Driving causing serious injury
  • Drive a boat or ship while exceeding the prescribed limit for blood-alcohol content or under the influence of alcohol – coded to 1311 Drink-driving
  • Drive a boat or ship while under the influence of drugs – coded to 1312 Drug-driving
  • Oversize and overweight offences – coded to 1350 Transport regulation offences
  • Reckless or unlawful behaviour by a passenger constituting a breach of transport regulation – coded to 1350 Transport regulation offences
  • Seaworthiness offences – coded to 1342 Vehicle standards offences
  • Theft of a motorised boat – coded to 0792 Theft of other vehicles
  • Unlawful fishing or trawling – coded to 1621 Fishing offences

1392 Parking offences

Parking offences include breaching parking regulations for cars, trucks, motorbikes, or other vehicles. 

Inclusions:

  • Double parking
  • Exceed parking meter time limit
  • Municipal parking offences
  • Park in or obstruct a footpath, driveway, clearway zone or other prohibited area
  • Use a carpark reserved for those with a disability, without the relevant permit
  • Other parking offences not elsewhere classified

Exclusions

  • Abandoning a vehicle – coded to 1623 Littering offences
  • Boat mooring offences – coded to 1391 Unsafe operation of a boat or ship

1393 Pedestrian offences

Pedestrian offences refer to breaching traffic regulations by pedestrians.

Inclusions:

  • Block or obstruct traffic as a pedestrian
  • Jaywalk
  • Other pedestrian offences

Exclusions:

  • Intentionally injure a pedestrian using a vehicle – coded to the relevant groups within 02 Assault
  • Peaceful protest causing disruption to commercial activities – coded to 1229 Disruptive conduct, nec
  • Unintentionally seriously injure a pedestrian while driving – coded to 0450 Driving causing serious injury

1399 Traffic and vehicle offences, nec

This group is for traffic and vehicle offences not elsewhere classified. 

Inclusions:

  • Ride bike or skateboard in a prohibited area, except where this is considered trespass
  • Speeding offences that don’t relate to road vehicles or water vessels
  • Other traffic and vehicle offences not elsewhere classified

Exclusions

  • Interfere on or with an aircraft – coded to 0499 Harm or endanger persons, nec
  • Unlawfully drive into a conservation area such as a beach or in a national park – coded to 1622 Parks and wildlife offences
  • Walk, cycle, skateboard, or similar along a trainline or other public or commercial transport zone – coded to 1221 Trespass