JURISDICTION: ACT

ACT Traffic Law

In shortTraffic charges in the Australian Capital Territory are dealt with under ACT law, mostly in the ACT Magistrates Court in Canberra. ACT drink and drug driving offences carry automatic licence disqualification, and police can suspend your licence on the spot. These guides explain the ACT rules, cite the sections and link to the official sources.

  • Separate law: ACT offences, penalties and licence rules are set by ACT legislation and apply to offences in the ACT, whatever licence you hold.
  • Licence loss: drink and drug driving convictions bring automatic disqualification with minimum and default periods set by the Road Transport (Alcohol and Drugs) Act 1977.
  • Restricted licence: some first offenders can ask the Magistrates Court for one, but only on exceptional circumstances.

Australian Capital Territory law · law checked 21 Oct 2026

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What's on this page

ACT traffic law guides

These pages cover ACT law only. Each one cites the ACT Act or regulation that sets the rule and lists the date the law was checked.

  • Drink driving in the ACT: the four alcohol levels, maximum penalties, automatic disqualification periods and the interlock condition.
  • Drug driving in the ACT: the presence offence for THC, methylamphetamine, MDMA and cocaine, roadside and confirmatory testing, and driving under the influence.
  • ACT Magistrates Court: traffic matters: where the court is, registry hours, what happens at a sentence hearing, and appeals.
  • Restricted licences in the ACT: who is eligible, the exceptional circumstances test, the forms, and the court and licence fees.
  • Other ACT traffic offences: disqualified and unlicensed driving, negligent, dangerous and menacing driving, failing to stop for police, and demerit point suspensions.

How ACT traffic law is organised

Three ACT laws do most of the work in a drink or drug driving matter:

Law What it covers
Road Transport (Alcohol and Drugs) Act 1977 Testing powers, the drink and drug driving offences, maximum penalties and automatic disqualification (pts 2–4)
Road Transport (General) Act 1999 Immediate suspension notices (ss 61B–61G), other automatic disqualifications (ss 62–63) and who cannot get a restricted licence (ss 66A–67C)
Road Transport (Driver Licensing) Regulation 2000 Restricted licences (ss 45–51), probationary licences after disqualification, alcohol and drug awareness courses, and interlocks (pt 3A)

Penalties in ACT laws are written as penalty units. Under the Legislation Act 2001 s 133, one penalty unit is $160 for an individual, so a 25 penalty unit maximum is a fine of up to $4,000.

First offender or repeat offender?

Most ACT drink and drug driving penalties have one scale for a first offender and a higher scale for a repeat offender. Under s 4F of the Road Transport (Alcohol and Drugs) Act 1977, you are a repeat offender if you have been convicted or found guilty of an earlier relevant offence committed at any time before the current one. There is no 5-year cut-off for earlier court findings. An undisputed interstate infringement notice for a corresponding offence in the 5 years before also counts. Get advice on how your record is treated before you plead.

Immediate suspension at the roadside

If police believe on reasonable grounds that you committed an immediate suspension offence, they must give you an immediate suspension notice (Road Transport (General) Act 1999 s 61B). Under s 61A that covers drink and drug driving, test refusals, driving under the influence, speeding by more than 45 km/h, failing to stop for police and aggravated dangerous driving. The notice takes effect when it is served. You must not drive, and you cannot get a restricted licence while it is in force.

The notice usually ends after 90 days, or earlier if the charge is decided, withdrawn or stayed (s 61BA). You can apply to the Magistrates Court for a stay within 28 days of being served, but the court can only grant one if exceptional circumstances justify it (ss 61F–61G). Time served under the notice is credited against a later automatic disqualification for that offence, unless the court finds you did not comply with the notice (Road Transport (Alcohol and Drugs) Act 1977 s 35).

Law change note (dated 21 October 2026): A Bill to change these laws is before the ACT Legislative Assembly as at 21 October 2026; this page will be updated if it passes. The Road Transport (Alcohol and Drugs) Amendment Bill 2026 was presented on 12 June 2026. It would give a defence to the drug driving presence offences where THC was the only prescribed drug detected and it was lawfully used (for example, prescribed medicinal cannabis). A Legislative Assembly committee is inquiring into it and is due to report by 6 November 2026. Until a change is passed and starts, the law on this page applies.

How Boorman Lawyers can assist

We represent clients at courts throughout Queensland, New South Wales and the ACT. We appear at sentence hearings in the ACT Magistrates Court; adjournments may be handled by an agent colleague. ACT enquiries go through the same number, 1300 941 900, or make an enquiry about legal representation and mention that your matter is in the ACT. We cannot predict the result of any matter, but we can explain the ACT law that applies to your charge and what the court will want to see. If your charge is not in the ACT, start at traffic law by state.

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FAQs: ACT traffic law

I hold an interstate licence. Does ACT law apply to an offence in Canberra?

Yes. The offence is dealt with under ACT law. An immediate suspension notice suspends your right to drive in the ACT (Road Transport (General) Act 1999 s 61B(4)(b)), and a disqualification ordered here applies to holding or obtaining any Australian driver licence.

Is the ACT alcohol limit the same for everyone?

No. Most drivers commit an offence at 0.05 or more, but a "special driver", for example a learner or a bus driver, must be at zero. The drink driving guide lists who that covers.

Is an ACT drink driving matter always dealt with in court?

The drink and drug driving offences on these pages are prosecuted in the ACT Magistrates Court, and the automatic disqualification periods apply on conviction. See the ACT Magistrates Court guide.

Can I get a restricted licence?

Only if you are eligible and you can show exceptional circumstances. Repeat offenders, and first offenders at 0.1 or more (0.05 or more for a special driver), are not eligible. See restricted licences.

What should I bring to my first call?

Your charge sheet or court attendance notice, any immediate suspension notice, your licence history, and the date of your next court listing.

Sources and date checked

The law on this page was checked against these primary and official sources on 21 Oct 2026. Penalty unit dollar amounts are as at 21 Oct 2026.

This page is general information about Australian Capital Territory law only. It is not legal advice. Every matter turns on its own facts.

ACT Traffic Law

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Guides for Australian Capital Territory traffic law matters.

ACTACT Traffic Law (hub)Read guide →ACTDrink Driving in the ACTRead guide →ACTDrug Driving in the ACTRead guide →ACTACT Magistrates CourtRead guide →ACTRestricted LicencesRead guide →ACTOther ACT Traffic OffencesRead guide →
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What to have ready

  • Court & next listing date: Which court is on your paperwork and when your matter is listed.
  • Charge or reading (if known): Tell us the charge or reading if you have it — you do not need your full police facts yet.
  • Work & driving needs: Let us know if you rely on your licence for work or family responsibilities.
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