132 Unsafe operation of a road vehicle

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.

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.

• 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

• 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

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.

• 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

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

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.

• 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

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

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.

• 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

• 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

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

• 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

• 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