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ROAD TRANSPORT (GENERAL) ACT 1999 (NO. 77 OF 1999)
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY
1. Name of Act
2. Commencement
3. Objects of Act
4. Dictionary (NSW s 3)
5. Notes (NSW s 4)
PART 2--ADMINISTRATION OF ROAD TRANSPORT LEGISLATION
6. What is the road transport legislation? (NSW s 5)
7. References to Acts and regulations included in road transport legislation
8. Application of definitions in other road transport legislation (NSW s 3 (2))
9. General relationship with other laws (NSW s 6)
10. Who is a responsible person for a vehicle (NSW s 7)
11. Rights, liabilities and obligations of multiple responsible persons (NSW s 8)
12. Power to include or exclude areas in road transport legislation (NSW s 9)
13. Power to exclude vehicles, persons or animals from road transport legislation (NSW s 10)
14. Application orders and emergency orders (NSW s 12)
15. Database of declarations and orders made under Div 2.4 (NSW s 13)
16. Road transport authority
17. Delegation of road transport authority's functions
18. Delegation of chief police officer's functions
19. Authorised persons
20. Identity cards
21. Power not to be exercised before identity card shown
PART 3--INFRINGEMENT NOTICES FOR CERTAIN OFFENCES
22. Purpose and effect of Pt 3 (MTA s 180C)
23. Regulations about infringement notice offences (NSW s 15 (3))
24. Service of infringement notices generally (MTA s 180D)
25. Contents of infringement notices (MTA s 180F)
26. Additional information in infringement notices (MTA s 180G)
27. Time for payment of infringement notice penalty (MTA s 180H)
28. Extension of time to pay penalty (MTA s 180I)
29. Effect of payment of infringement notice penalty (MTA s 180MD)
30. Application for withdrawal of infringement notice (MTA s 180ME)
31. Withdrawal of infringement notice (MTA s 180MF)
32. Guidelines about withdrawal of infringement notices
33. Reminder notices (MTA s 180MG)
34. Contents of reminder notices (MTA s 180MH)
35. Additional information in reminder notices (MTA s 180MI)
36. Service of infringement notices on responsible persons for vehicles (MTA s 180E)
37. Liability for infringement notice offences involving vehicles (MTA s 180J)
38. Illegal user declarations (MTA s 180K)
39. Known user declarations (MTA s 180L)
40. Sold vehicle declarations (MTA s 180M)
41. Unknown user declarations (MTA s 180MA)
42. Obligation to provide declarations for camera-detected offences (MTA s 180MB)
43. Offence for falsely naming a person as the driver (MTA s 180MC)
44. Suspension for nonpayment of infringement notice penalties (MTA s 180MJ)
45. Effect of suspension (MTA s 180MK)
46. Transfer of registration while suspended (MTA s 180ML)
47. Revocation of suspension (MTA s 180MM)
48. Revocation of suspension on court order (MTA s 180MN)
49. Effect of revocation of suspension on court order (MTA s 180MO)
50. Failure to revoke suspension on court order (MTA s 180MP)
51. Disputing liability for infringement notice offence (MTA s 180MQ)
52. Extension of time to dispute liability (MTA s 180MR)
53. Procedure if liability disputed (MTA s 180MS)
54. Delegation of administering authority's functions (MTA s 180MT)
55. Declarations by corporations (MTA s 180MU)
56. Evidentiary certificates (MTA s 180MV)
57. Costs of application for declaration (MTA s 180MW)
PART 4--ENFORCEMENT OF ROAD TRANSPORT LEGISLATION
58. Police officer or authorised person may require driver's name, address and driver licence (NSW s 19, MTA s 172)
59. Seizure of licences (NSW(DL) s 24)
60. Police officer or authorised person may require people to disclose identity of driver (NSW s 21, MTA s 174)
61. Production of driver licence to court (NSW s 22, MTA s 180)
62. Automatic disqualification for culpable driving (MTA s 191B)
63. Automatic disqualification for certain other driving offences (MTA s 191C)
64. Court may order disqualification for other offences (NSW s 24 (1)-(3), MTA s 191D)
65. Disqualification until court order (MTA s 191K)
66. Effect of disqualification (NSW s 26, MTA s 191F)
67. Limitations on issue etc of restricted licences (MTA s 191J)
68. When licence disqualification takes effect (MTA s 191E)
69. Multiple disqualifications cumulative unless court orders otherwise (MTA s 191G)
70. Additional powers of court (MTA s 191L)
71. Effect on disqualification of quashing of conviction etc (MTA s 191N)
72. Certificate evidence and other evidentiary provisions (NSW s 46)
73. Acts and omissions of representatives
74. Proceedings for offences (NSW s 47, MTA s 192 (2))
75. Short descriptions of offences
76. Speed inhibitor conditions (NSW s 24 (4), (7), MTA s 191D)
77. Compensation for loss of time etc (NSW s 38, MTA s 196 (2))
78. Effect on certain cancellations of quashing of conviction etc
79. Courts to provide particulars of convictions, orders etc (NSW s 24 (5), MTA s 191M)
PART 5--FURTHER PROVISIONS ABOUT VEHICLES, ROADS AND ROAD RELATED AREAS
80. Power of entry for tracing stolen motor vehicles or trailers or their parts (NSW s 50)
81. Use of tyre deflation devices (NSW s 51)
82. Motor vehicles or trailers not to be used without owner's consent (NSW s 52)
83. Procuring use or hire of motor vehicle or trailer by fraud etc (NSW s 53, MTA s 179)
PART 6--FINE DEFAULTERS
84. Suspension of driver licence, registration etc (MTA s 191NA)
85. Duration of suspension of driver licence, registration etc (MTA s 191NB)
86. Revocation of suspension of driver licence, registration etc (MTA s 191NC)
87. Revocation of suspension on transfer of registration (MTA s 191ND)
88. Renewal etc of driver licence or registration prohibited (MTA s 191NE)
89. Suspension to be concurrent (MTA s 191NF)
PART 7--REVIEW OF DECISIONS UNDER ROAD TRANSPORT LEGISLATION
90. Application of Pt 7 etc
91. Notice of decisions to be given to affected people
92. Who may apply for internal review of decisions
93. Applications for internal review
94. Internal review
95. Review by administrative appeals tribunal of certain decisions (NSW s 48, MTA s 217D)
PART 8--FEES, CHARGES AND OTHER AMOUNTS PAYABLE UNDER ROAD TRANSPORT LEGISLATION
96. Determination of fees, charges and other amounts (MTA s 217A)
97. Fees, charges and other amounts payable to Territory in accordance with determinations etc (MTA s 217B)
98. Recovery of unpaid fees, charges and other amounts (NSW s 73, MTA s 201)
99. Regulations may make provision about fees, charges and other amounts
PART 9--PUBLIC VEHICLES
100. Definitions for Pt 9 (MTA s 4 (1))
101. Use of motor vehicles as taxis (MTA s 168 (a))
102. Defined rights for taxi operator's licences (MTA s 27A (1)-(3), 27B (b))
103. Duration of defined rights (MTA s 27A (4), (5))
104. Transfer of defined rights (MTA s 27C)
105. Holder of defined right to be issued licence (MTA s 27A (6))
106. Taxi operator's licences (MTA s 27, 27B (a), 31A (1))
107. Limitation on number of restricted taxi operator's licences (MTA s 27E)
108. Restricted taxi operator's licences (MTA s 27D, 31A (1))
109. Transfer of taxi operator's licence (MTA s 27 (1B), (2), (7), (8))
110. Variation of restricted taxi operator's licence initiated by licence holder (MTA s 27F)
111. Variation of restricted taxi operator's licence initiated by road transport authority (MTA s 27G)
112. Suspension or cancellation of licence (MTA s 30)
113. Offence to carry more than licensed number of passengers (MTA s 31A (2), (4))
114. Offence to not display information about maximum number of passengers (MTA s 31A (3), (4))
115. Taxi fares (MTA s 36)
116. Offence to park taxis on road for longer than 30 minutes (MTA s 154 (2), (4))
117. Offence to contravene condition of restricted taxi operator's licence (MTA s 27D (5))
118. Display of restricted taxi operator's licence (MTA s 27H)
119. Use of motor vehicles as private hire cars (MTA s 168 (a))
120. Private hire car operator's licences (MTA s 28 (1)-(2A), 31A (1))
121. Transfer of private hire car operator's licence (MTA s 28 (2), (6)-(8))
122. Suspension or cancellation of private hire car operator's licence (MTA s 30)
123. Offence to carry more than licensed number of passengers in private hire car (MTA s 31A (2), (4))
124. Offence to park private hire cars on road for longer than 30 minutes (MTA s 154 (3), (4))
125. Use of motor vehicles as restricted hire vehicles (MTA s 168 (a))
126. Restricted hire vehicle operator's licences (MTA s 28A, 31A (1))
127. Offence to contravene condition of restricted hire vehicle operator's licence (MTA s 28A (7))
128. Variation of restricted hire vehicle operator's licence initiated by licence holder (MTA s 28B, 26T (3))
129. Variation of restricted hire vehicle operator's licences initiated by road transport authority (MTA s 28C, 26T (3))
130. Restricted hire vehicles used as private hire cars (MTA s 28D)
131. Display of restricted hire vehicle operator's licence (MTA s 28E)
132. Suspension or cancellation of restricted hire vehicle operator's licence (MTA s 30)
133. Offence to carry more than licensed number of passengers in restricted hire vehicle (MTA s 31A (2), (4))
134. Offence to park restricted hire vehicles on road for longer than 30 minutes (MTA s 154 (3), (4))
135. Sightseeing vehicle operator's licences (MTA s 29 (1))
136. Sightseeing vehicle must only carry sightseers (MTA s 29 (4))
137. Use of motor vehicles as buses (MTA s 168 (a))
138. Bus operator's licences (MTA s 27 (1), (1B), 31A (1))
139. Transfer of bus operator's licence (MTA s 27 (7), (8))
140. Offence to carry more than licensed number of passengers (MTA s 31A (2), (4))
141. Offence not to display information about maximum number of passengers (MTA s 31A (3))
142. Bus service licences (MTA s 33 (1)-(5))
143. Variation of bus service licence initiated by licence holder (MTA s 33 (8), (9))
144. Transfer of bus service licences (MTA s 33 (11))
145. Licence holder must tell road transport authority when stopping service etc (MTA s 33 (10))
146. Bus fares (MTA s 37)
147. Bus fares must be displayed (MTA s 33 (6))
148. Offence to contravene condition of bus service licence (MTA s 33 (7))
149. Visiting bus operator's licence (MTA s 34)
150. Offence to carry more than licensed number of passengers (MTA s 34 (4))
151. Offence to contravene condition of visiting bus operator's licence (MTA s 34 (4))
152. Certain people to have use, control and management of vehicles (MTA s 31)
153. Fire extinguisher to be carried (MTA s 32, 26T (2))
154. Dangerous or offensive articles (MTA s 39)
155. Unauthorised use of motor vehicles (MTA s 168 (b)-(d))
156. Refusal, cancellation or suspension of licences or registration etc (MTA s 104 (2) (da), (e), (5) (c))
157. Regulations about public vehicles (MTA s 218 (f)-(i), (n), (q)-(t))
PART 10--COMPULSORY VEHICLE INSURANCE
158. Definitions for Pt 10 (MTA s 49, 52 (4), 79, MAA s 3 (1), MACA s 3)
159. Meaning of owner for Pt 10 (MAA s 3 (3)-(4), MACA s 4 (1)-(2))
160. Application of Part to motor vehicles with trader's plate (MAA s 3 (5), MACA s 4 (3))
161. Application of Part to Territory and Commonwealth motor vehicles (MTA s 50)
162. Third-party insurance compulsory (MTA s 51, 93, MAA s 8, MACA s 8, 9)
163. Third-party policies (MTA s 54 (1), MAA s 9, MACA s 10)
164. Issue of certificates of third-party insurance (MTA s 53, 57 (1), MAA s 10, MACA s 11)
165. Third-party insurance required for registration of motor vehicle (MTA s 52 (1)-(1D), MAA s 11, MACA s 12)
166. Third-party insurance required for issue of trader's plate (MTA s 52 (2)-(3), MAA s 11, MACA s 12)
167. Commencement and duration of third-party policy (MTA s 54 (5)-(7))
168. Cancellation of third-party policies etc (MTA s 57 (2), MAA 13, MACA s 14)
169. Indemnification of insured persons (MTA s 54 (3)-(4), 61 (6)-(7), MAA s 17, MACA s 16)
170. Extension of indemnity provided (MTA s 54 (9)-(10), MAA s 24, MACA s 22)
171. Risks not insured under third-party policies (MTA s 54 (2), MAA s 16, MACA s 15) A third-party policy does not insure the owner or driver of a motor vehicle against—
172. Effect of nonpayment of correct premium (MTA s 89, MAA s 18, MACA s 17)
173. Effect of change of ownership of motor vehicle or trader's business (MTA s 71, 72, MAA s 19, MACA s 18)
174. Notice of change of registered particulars about motor vehicles etc (MAA s 19A, MACA s 19)
175. Rights of authorised insurer against unauthorised drivers (MTA s 67, MAA s 22, MACA s 20)
176. Trader's policy to apply to insured motor vehicles (MTA s 56)
177. Obtaining third-party policy by false statements (MTA s 52 (5))
178. Proceedings by or against nominal defendant (MTA s 84 (3), MAA s 26 (2), MACA s 32 (2))
179. Action against nominal defendant if vehicle uninsured (MTA s 85 (1)-(2), MAA s 27, MACA s 33)
180. Action against nominal defendant if vehicle not identified (MTA s 85 (3)-(4), MAA s 28, MACA s 34)
181. Notice of claims against nominal defendant (MTA s 61 (4)-(4A), 85 (5)-(7))
182. Nominal defendant not personally liable (MTA s 86 (1), MAA s 29, MACA s 37)
183. Payments of amounts for nominal defendant (MTA s 86 (2)-(9))
184. Recovery by nominal defendant from owner or driver (MTA s 87 (1)-(3), MAA s 31, MACA s 39)
185. Payment of recovered amounts by nominal defendant (MTA s 87 (4)-(5))
186. Liability of authorised insurer and nominal defendant for costs of treatment (MTA s 74-76)
187. Apportionment of costs of treatment (MTA s 77)
188. Reduction of liability for treatment (MTA s 78, 80, MAA s 39D)
189. Notice of accidents (MTA s 70 (1)-(4), (8)-(9))
190. Notice of claims against authorised insurer (MTA s 61 (4)-(4A))
191. Admission of liability by owner or driver etc (MTA s 70 (5))
192. Owner and driver to notify authorised insurer of claims etc (MTA s 70 (6)-(9))
193. Copy of originating process to be served on authorised insurer (MTA s 55 (1))
194. Failure to allow examination by doctor (MTA s 55 (2))
195. Power of authorised insurer to act for insured person (MTA s 68, MAA s 47, MACA s 78)
196. Presumption of agency (MTA s 66, MAA s 53, MACA s 112)
197. Action against authorised insurer if insured dead or unable to be served (MTA s 61 (3), MAA s 54, MACA s 113)
198. Proof of inability to serve process etc (MTA s 61 (5), MAA s 55, MACA s 114)
199. Recovery by authorised insurer from owner or driver (MTA s 62-64)
200. Entry of judgment against authorised insurer (MTA s 61 (1)-(2A), MAA s 25, MACA s 23)
201. Effect of payment by authorised insurer (MTA s 65)
202. Actions to be tried without jury (MTA s 81) An action brought against the owner or driver of a motor vehicle, or against the nominal defendant, in relation to a motor accident must be tried without a jury.
203. Court to apportion damages (MTA s 91)
204. Conviction etc not to affect civil remedy (MTA s 92)
205. Offence—unapproved insurer (MAA s 100, MACA s 157)
206. Application for approval as authorised insurer (MTA s 59 (1), MAA s 101, MACA s 158)
207. Decision on application for approval (MTA s 59 (2)-(3), MAA s 102, MACA s 159)
208. Duration of approval (MAA s 104, MACA s 160) An approval of a corporation as an authorised insurer continues in force until it is cancelled.
209. Cancellation of approval (MTA s 59 (4)-(6), MAA s 107, MACA s 167)
210. Surrender of approval (MTA s 59 (7)-(8))
211. Effect of cancellation of approval on existing policies etc (MTA s 59 (9)-(10))
212. Information to be supplied by authorised insurers (MTA s 73)
213. Guidelines about Minister's powers under Division
214. Maximum rates of premiums that may be charged (MTA s 88)
215. Appointment of nominal defendant (MTA s 84 (1)-(2))
216. Annual report (MTA s 84 (4)) As soon as practicable after the end of each calendar year, the nominal defendant must prepare and give to the Minister a report on the nominal defendant's operations during the year.
217. Public vehicle insurance compulsory (MTA s 83 (1), (3))
218. Public vehicle policies (MTA s 83 (1)-(1A))
219. Issue of public vehicle insurance certificates and policies (MTA s 83 (4)-(5))
220. Public vehicle insurance required for registration of public vehicles (MTA s 83 (3))
221. Commencement and duration of public vehicle policy (MTA s 83 (6)-(9))
222. No contracting out of Part (MTA s 69, MAA s 132, MACA s 216) This Part applies despite any contract to the contrary.
223. Certificate evidence (MTA s 90A, MAA s 132A, MACA s 221)
224. Police officer or authorised person may require evidence of insurance (MTA s 90)
PART 11--MISCELLANEOUS
225. Approved forms
226. Service of documents etc on people generally (NSW s 44)
227. Serving documents etc on road transport authority (NSW s 45)
228. False, misleading or incomplete documents
229. Regulations may apply certain documents etc (MTA s 218)
230. Indemnity from personal liability for honest and good faith carrying out of duties (NSW s 49)
231. Person not to hinder or obstruct (NSW s 50 (2), NSW(VR) s 27A (2), 27B (6))
232. False or misleading statements
233. General regulation-making power (NSW s 71)
234. Regulations may exclude vehicles, people and animals from Act (NSW s 72)
235. References to Motor Traffic Act, Traffic Act etc
PART 12--TRANSITIONAL
236. Definitions for Pt 12 (NSW Sch 2, cl 2, MTA s 219)
237. Transitional regulations (NSW Sch 2, cl 1)
238. Modification of Part's operation
239. Existing infringement notices
240. Existing reminder and final notices
241. Existing applications for withdrawal of infringement notices
242. Existing notices disputing liability under infringement notices
243. Suspension in force under Motor Traffic Act
244. Revocation of suspension on court order etc
245. Application to court for failure to revoke suspension on court order
246. Declarations for definition of motor omnibus
247. Determination of reserved price
248. Determination about maximum number of defined rights
249. Defined rights
250. Existing taxi licences
251. Determined fee for taxi licence
252. Non-transferable taxi licences (MTA s 27 (1AA), (2A))
253. Determination about maximum number of taxi licences
254. Determination about maximum number of restricted taxi licences
255. Existing restricted taxi licences
256. Application to transfer taxi licence
257. Application for variation of restricted taxi licence
258. Variation of restricted taxi licence otherwise than on application
259. Suspension of licences
260. Determination about maximum taxi fares
261. Existing private hire car licences
262. Application to transfer private hire car licence
263. Medical certificate concerning operator
264. Suspension of private hire car licence
265. Existing restricted hire vehicle licences
266. Application for variation of restricted hire vehicle licence
267. Variation of restricted hire vehicle licence otherwise than on application
268. Suspension of restricted hire vehicles licence
269. Existing licences for sightseeing vehicles
270. Conditions determined by Minister
271. Existing motor omnibus licences
272. Application for transfer of motor omnibus licence
273. Application for motor omnibus service licence
274. Existing motor omnibus service licences
275. Request for variation of motor omnibus service licence
276. Minister's approval for variation of motor omnibus service licence
277. Application for transfer of bus service licence
278. Maximum bus fares
279. Existing visiting motor omnibus licences
280. Suspension of licences under s 31 of the Motor Traffic Act
281. Suspension of licences under s 104 of the Motor Traffic Act
282. Existing authorised insurers etc
283. Existing third-party policies A policy of insurance that was a third-party policy in force under the Motor Traffic Act immediately before the commencement is taken, after the commencement, to be a third-party policy under Part 10.
284. Existing public vehicle policies A policy of insurance that was in force for subsection 83 (1) of the Motor Traffic Act immediately before the commencement is taken, after the commencement, to be a public vehicle policy under Part 10.
285. Existing nominal defendant etc
286. Payment of amounts to, and recovery of amounts by, nominal defendant etc
287. Road transport authority may act in name of registrar
288. Road transport authority may give effect to decisions of registrar etc
289. Review of decisions of registrar
290. Court order for disqualification
291. Effect of disqualification before commencement (NSW Sch 2, cl 19)
292. Existing disqualifications until court order
293. Existing suspensions and disqualifications of fine defaulters
294. Certificates under the Motor Traffic Act (NSW Sch 2, cl 27)
295. Fees and charges payable under Motor Traffic Act etc (NSW Sch 2, cl 29)
296. Expiry of Part
DICTIONARY
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