New South Wales Consolidated Acts

CRIMINAL RECORDS ACT 1991 - SECT 11

11 How are traffic offences to be dealt with?

(1) In this section,
"traffic offence" means an offence arising out of the use of a motor vehicle or trailer (within the meaning of the road transport legislation referred to in section 6 of the Road Transport Act 2013 ) and
"non-traffic offence" means any other offence.

(2) A conviction for a traffic offence and any period of imprisonment imposed as a consequence of such a conviction are to be disregarded in calculating the crime-free period for a conviction for a non-traffic offence. A conviction for a traffic offence is of relevance only in calculating the crime-free period for a conviction for an earlier traffic offence.

(3) A conviction for a non-traffic offence and any period of imprisonment imposed as a consequence of such a conviction are to be disregarded in calculating the crime-free period for a conviction for a traffic offence. A conviction for a non-traffic offence is of relevance only in calculating the crime-free period for an earlier non-traffic offence.

(4) Despite subsections (2) and (3), regard is to be had to a conviction for any of the following offences in calculating the crime-free period for any conviction (whether for a traffic offence or a non-traffic offence). A conviction for any of the following offences is of relevance in determining the crime-free period for any earlier offence. The offences are--

(a) culpable driving (section 52A of the Crimes Act 1900 as in force immediately before the commencement of Schedule 1 to the Crimes (Dangerous Driving Offences) Amendment Act 1994 ),

(a1) dangerous driving occasioning death (section 52A (1) of the Crimes Act 1900 ),

(a2) aggravated dangerous driving occasioning death (section 52A (2) of the Crimes Act 1900 ),

(a3) dangerous driving occasioning grievous bodily harm (section 52A (3) of the Crimes Act 1900 ),

(a4) aggravated dangerous driving occasioning grievous bodily harm (section 52A (4) of the Crimes Act 1900 ),

(b) injury by furious driving (section 53 of the Crimes Act 1900 ),

(c) manslaughter (section 24 of the Crimes Act 1900 ) or causing grievous bodily harm (section 54 of the Crimes Act 1900 ) where, in either case, the offence arises out of the use of a motor vehicle or trailer (within the meaning of the road transport legislation referred to in section 6 of the Road Transport Act 2013 ).