Section 11H Summary Offences Act – Intimidatory Use of Vehicles and Vessels


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The Legislation

Section 11H of the Summary Offences Act 1998 (NSW) is the criminal offence of Intimidatory Use of Vehicles and Vessels and is stated below.

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11H Intimidatory use of vehicles and vessels

(1) A person must not operate a motorised vehicle or motorised vessel in a public place:
(a) in such a manner as to harass or intimidate another person, or
(b) in such a manner as would be likely to cause a person of reasonable firmness to fear for his or her personal safety.
Maximum penalty: 6 penalty units.

(2) No person of reasonable firmness need actually be, or be likely to be, present at the scene.

(3) A person is not liable to be convicted (in respect of the same act or omission) of both:
(a) an offence under this section, and
(b) an offence under section 4AA of the Traffic Act 1909 or section 43 of the Road Transport (Safety and Traffic Management) Act 1999.

(4) In this section:”vehicle” includes:
(a) anything on wheels, tracks or skis, other than a vehicle used on a railway, tramway or monorail, and
(b) anything else declared by the regulations to be a vehicle for the purposes of this section.
“vessel” includes:
(a) anything that is used, or is capable of being used, as a means of transportation on, under or immediately above water, and
(b) anything else declared by the regulations to be a vessel for the purposes of this section.