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New South Wales
Road Transport (Statutory Rules) Bill
2013
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Road Transport (General) Regulation 2013 2
4 Repeal of this Act 2
Schedule 1 Amendment of existing road transport statutory rules
that are continued in force 3
Schedule 2 Renaming and other amendment of Road Transport
(General) Regulation 2005 27
Schedule 3 Road Transport (General) Regulation 2013 29
b2012-078-94.d12
New South Wales
Road Transport (Statutory Rules) Bill
2013
No , 2013
A Bill for
An Act to amend certain statutory rules under the existing road transport legislation
consequent on the enactment of the Road Transport Act 2013 and Road Transport
egislation (Repeal and Amendment) Act 2013; and to provide for the terms of the
Road Transport (General) Regulation 2013.
Clause 1 Road Transport (Statutory Rules) Bill 2013
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Road Transport (Statutory Rules) Act 2013. 3
2 Commencement 4
This Act commences on the day (the repeal day) on which Schedule 1 5
(Repeal of certain existing road transport legislation) to the Road 6
Transport Legislation (Repeal and Amendment) Act 2013 commences. 7
3 Road Transport (General) Regulation 2013 8
(1) Schedule 3 sets out the terms of the Road Transport (General) 9
Regulation 2013. 10
(2) Clause 9 of Schedule 4 (Savings, transitional and other provisions) to 11
the Road Transport Act 2013 provides for the following on and from the 12
repeal day: 13
(a) Schedule 3 to this Act is taken to be and has effect as a regulation 14
under the Road Transport Act 2013, 15
(b) Part 2 of the Subordinate Legislation Act 1989 does not apply to 16
the regulation set out in Schedule 3 (but applies to any 17
amendment or repeal of the regulation), 18
(c) the regulation set out in Schedule 3 is taken, for the purposes of 19
section 10 of the Subordinate Legislation Act 1989, to have been 20
published on the repeal day, 21
(d) sections 39, 40 and 41 of the Interpretation Act 1987 do not apply 22
to the regulation set out in Schedule 3 (but apply to any 23
amendment or repeal of the regulation). 24
4 Repeal of this Act 25
Section 30C (Automatic repeal of amending Acts that have 26
commenced) of the Interpretation Act 1987 is taken to apply to this Act 27
as if this Act were an amending Act for the purposes of that section. 28
Page 2
Road Transport (Statutory Rules) Bill 2013
Amendment of existing road transport statutory rules that are continued in Schedule 1
force
Schedule 1 Amendment of existing road transport 1
statutory rules that are continued in 2
force 3
1.1 Road Rules 2008 4
[1] Rule 4 Definitions--the Dictionary etc 5
Omit "the Dictionary to" from note 1 at the end of the rule. 6
[2] Rule 10-2 NSW rule: penalties and disqualifications for speeding 7
offences 8
Omit "section 205 or 206 of the Road Transport (General) Act 2005" from 9
rule 10-2 (4) (b) (i). 10
Insert instead "Division 4 of Part 7.4 of the Act". 11
[3] Rule 12 What is a road 12
Omit the note to rule 12 (2). Insert instead: 13
Note. The Minister administering the Act may, by order under section 18 14
of that Act, declare that provisions of the road transport legislation do not 15
apply to a road or road related area or do apply to a specified area of the 16
State that is open to or used by the public. The road transport legislation 17
includes these Rules. 18
[4] Rule 13 What is a road related area 19
Omit note 2 from the end of the rule. Insert instead: 20
Note 2. The Minister administering the Act may, by order under section 21
18 of that Act, declare that provisions of the road transport legislation do 22
not apply to a road or road related area or do apply to a specified area 23
of the State that is open to or used by the public. The road transport 24
legislation includes these Rules. 25
[5] Rule 20 Obeying the speed limit 26
Omit "Section 43A" and "section 43A" from note 5. 27
Insert instead "Division 3 of Part 5.3". 28
[6] Rule 20, note 5 29
Omit "that section". Insert instead "that Division". 30
[7] Rule 21-1 NSW rule: school bus stop zone sign is speed limit sign 31
Omit "clause 94 of the Road Transport (Safety and Traffic Management) 32
Regulation 1999" from the definition of warning system in rule 21-1 (3). 33
Insert instead "clause 25 of the Road Transport (General) Regulation 2013". 34
Page 3
Road Transport (Statutory Rules) Bill 2013
Schedule 1 Amendment of existing road transport statutory rules that are continued in
force
[8] Rule 24-3 NSW rule: speed limit when bus displaying when lights flash 1
speed limit sign 2
Omit "clause 94 of the Road Transport (Safety and Traffic Management) 3
Regulation 1999" from the definition of warning system in rule 24-3 (5). 4
Insert instead "clause 25 of the Road Transport (General) Regulation 2013". 5
[9] Rule 25-1 NSW rule: drivers to which Part does not apply 6
Omit "section 40 (1)" and "section 40 (2)" from rule 25-1 (1). 7
Insert instead "section 115 (1)" and "section 115 (2)", respectively. 8
[10] Rule 179-1 NSW rule: stopping in ticket-operated loading zone 9
Omit "clause 121A of the Road Transport (Safety and Traffic Management) 10
Regulation 1999" from the note to rule 179-1 (6). 11
Insert instead "clause 92 of the Road Transport (General) Regulation 2013". 12
[11] Rule 179-1 (7), note 13
Omit "Clause 121B of the Road Transport (Safety and Traffic Management) 14
Regulation 1999". 15
Insert instead "Clause 93 of the Road Transport (General) Regulation 2013". 16
[12] Rule 205A-1 NSW rule: parking in special event parking areas 17
Omit "clause 124 (2) (e) of the Road Transport (Safety and Traffic 18
Management) Regulation 1999" from the definition of special event parking 19
permit in rule 205A-1 (7). 20
Insert instead "clause 95 (2) (e) of the Road Transport (General) Regulation 21
2013". 22
[13] Rule 206 Time extension for people with disabilities 23
Omit "Division 2 of Part 6 of the Road Transport (Safety and Traffic 24
Management) Regulation 1999" wherever occurring in note 3 to rule 206 (1) 25
and the definition of interstate or overseas authority in rule 206 (2-2). 26
Insert instead "Division 2 of Part 6 of the Road Transport (General) 27
Regulation 2013". 28
[14] Rule 207 Parking where fees are payable 29
Omit "Part 4 of the Road Transport (Safety and Traffic Management) 30
Regulation 1999" from note 2 to rule 207 (2-1). 31
Insert instead "Division 1 of Part 5 of the Road Transport (General) 32
Regulation 2013". 33
Page 4
Road Transport (Statutory Rules) Bill 2013
Amendment of existing road transport statutory rules that are continued in Schedule 1
force
[15] Rule 207-2 NSW rule: parking in metered parking spaces 1
Omit "clauses 100 and 100A of the Road Transport (Safety and Traffic 2
Management) Regulation 1999" from note 2. 3
Insert instead "clauses 63 and 64 of the Road Transport (General) Regulation 4
2013". 5
[16] Rule 207-4 NSW rule: parking in ticket parking spaces 6
Omit "clauses 102 and 103 of the Road Transport (Safety and Traffic 7
Management) Regulation 1999" from the note to rule 207-4 (1). 8
Insert instead "clauses 70 and 71 of the Road Transport (General) Regulation 9
2013". 10
[17] Rule 207-6 NSW rule: parking in coupon parking spaces 11
Omit "clause 108 of the Road Transport (Safety and Traffic Management) 12
Regulation 1999" from the note to rule 207-6 (1). 13
Insert instead "clause 76 of the Road Transport (General) Regulation 2013". 14
[18] Rule 207-7 NSW rule: parking in temporarily closed pay parking areas 15
and spaces 16
Omit "Road Transport (Safety and Traffic Management) Regulation 1999" 17
where firstly occurring. 18
Insert instead "Road Transport (General) Regulation 2013". 19
[19] Rule 207-7, note 2 20
Omit "Clauses 100B, 103A, 109 and 111C of the Road Transport (Safety and 21
Traffic Management) Regulation 1999". 22
Insert instead "Clauses 65, 72, 77 and 81 of the Road Transport (General) 23
Regulation 2013". 24
[20] Rule 207-8 NSW rule: parking in phone parking areas 25
Omit "Road Transport (Safety and Traffic Management) Regulation 1999" 26
from rule 207-8 (1) (b). 27
Insert instead "Road Transport (General) Regulation 2013". 28
[21] Rule 221-1 NSW rule: using crimson flashing warning lights on certain 29
local council vehicles 30
Omit "Road Transport (General) Act 2005" from paragraph (a) of the 31
definition of excess weight limits legislation in rule 221-1 (2). 32
Insert instead "Road Transport (Vehicle and Driver Management) Act 2005". 33
Page 5
Road Transport (Statutory Rules) Bill 2013
Schedule 1 Amendment of existing road transport statutory rules that are continued in
force
[22] Rule 222-2 NSW rule: using warning systems for buses carrying school 1
children 2
Omit "94 of the Road Transport (Safety and Traffic Management) Regulation 3
1999" wherever occurring in rule 222-2 (5) (b) and (6) (including the notes). 4
Insert instead "25 of the Road Transport (General) Regulation 2013". 5
[23] Rule 225 Australian Road Rule not reproduced 6
Omit "section 48 (2)" from note 1. Insert instead "section 119 (2)". 7
[24] Rule 234 Crossing a road on or near a crossing for pedestrians 8
Omit "Part 10 (Child safety) of the Road Transport (Safety and Traffic 9
Management) Regulation 1999" wherever occurring in rule 234 (3) (including 10
the notes). 11
Insert instead "Division 5 (Child safety) of Part 3 of the Road Transport 12
(General) Regulation 2013". 13
[25] Rule 300-2 NSW rule: carriage of dangerous goods in prohibited areas 14
Omit "clause 59 (2) of the Road Transport (Safety and Traffic Management) 15
Regulation 1999" from rule 300-2 (2) (a). 16
Insert instead "clause 18 (2) of the Road Transport (General) Regulation 17
2013". 18
[26] Rule 300-4 NSW rule: school bus signs for school buses 19
Omit "clause 93 (5) of the Road Transport (Safety and Traffic Management) 20
Regulation 1999" from rule 300-4 (4). 21
Insert instead "clause 24 (2) of the Road Transport (General) Regulation 22
2013". 23
[27] Rule 300-4 (4), note 1 24
Omit "Clause 93 of the Road Transport (Safety and Traffic Management) 25
Regulation 1999". 26
Insert instead "Clause 24 of the Road Transport (General) Regulation 2013". 27
[28] Rule 300-5 NSW rule: driver to carry licence while driving motor vehicle 28
Omit "Section 171 of the Road Transport (General) Act 2005 enables an 29
authorised officer (which is defined in section 3 (1) of that Act to include a 30
police officer)" from note 2. 31
Insert instead "Section 175 of the Act enables an authorised officer (which 32
includes a police officer)". 33
Page 6
Road Transport (Statutory Rules) Bill 2013
Amendment of existing road transport statutory rules that are continued in Schedule 1
force
[29] Rule 307-1 NSW rule: exemption for drivers conducting mobile speed 1
camera operations 2
Omit "(comprising an approved speed measuring device and an approved 3
digital camera recording device)" from rule 307-1 (1). 4
Insert instead "(comprising one or more approved traffic enforcement devices 5
approved for speed measurement and excess speed imaging within the 6
meaning of the Act)". 7
[30] Rule 307-1, note 1 8
Omit the note. Insert instead: 9
Note 1. Approved traffic enforcement device is defined in the Act. 10
[31] Rule 318 Limited effect of certain traffic control devices 11
Omit "clause 124 of the Road Transport (Safety and Traffic Management) 12
Regulation 1999" from the definition of permissive parking area in 13
rule 318 (4). 14
Insert instead "clause 95 of the Road Transport (General) Regulation 2013". 15
[32] Dictionary 16
Omit "Road Transport (Safety and Traffic Management) Regulation 1999" 17
from the definition of disabled person. 18
Insert instead "Road Transport (General) Regulation 2013". 19
[33] Dictionary, definitions of "electronic parking permit" and "printed 20
parking permit" 21
Omit "clause 124 of the Road Transport (Safety and Traffic Management) 22
Regulation 1999" wherever occurring. 23
Insert instead "clause 95 of the Road Transport (General) Regulation 2013". 24
[34] Dictionary, definitions of "loading zone ticket", "parking authority", 25
"parking coupon", "parking meter", "parking ticket" and "relevant 26
parking fee" 27
Omit "Road Transport (Safety and Traffic Management) Regulation 1999" 28
wherever occurring. 29
Insert instead "Road Transport (General) Regulation 2013". 30
Page 7
Road Transport (Statutory Rules) Bill 2013
Schedule 1 Amendment of existing road transport statutory rules that are continued in
force
[35] Dictionary, definition of "mobility parking scheme authority" 1
Omit "Division 2 of Part 6 of the Road Transport (Safety and Traffic 2
Management) Regulation 1999". 3
Insert instead "Division 2 of Part 6 of the Road Transport (General) 4
Regulation 2013". 5
[36] Dictionary, definition of "oversize vehicle" 6
Omit the definition (including the notes to the definition). Insert instead: 7
oversize vehicle means a vehicle that has a dimension that, 8
including the dimension of any load, exceeds a relevant 9
dimension limit in: 10
(a) the Act, or 11
(b) the Road Transport (General) Regulation 2013, or 12
(c) the Road Transport (Mass, Loading and Access) 13
Regulation 2005, or 14
(d) the Road Transport (Vehicle Registration) Regulation 15
2007, or 16
(e) these Rules. 17
Note 1. Vehicle is defined in rule 15. 18
Note 2. This definition is not uniform with the corresponding definition in 19
the Dictionary of the Australian Road Rules. However, the Australian 20
Road Rules allow another law of this jurisdiction to declare a vehicle to 21
be an oversize vehicle for the purposes of the Australian Road Rules. 22
Different definitions may apply in other Australian jurisdictions. 23
[37] Dictionary, definition of "road transport legislation" 24
Omit the definition (including the note to that definition). 25
[38] Dictionary, definition of "the Act" 26
Omit "Road Transport (Safety and Traffic Management) Act 1999". 27
Insert instead "Road Transport Act 2013". 28
1.2 Road Transport (Driver Licensing) Regulation 2008 29
[1] Clause 4 Definitions 30
Omit "Chapter 5 of the Road Transport (General) Act 2005" from the 31
definition of alcohol interlock program in clause 4 (1). 32
Insert instead "Division 2 of Part 7.4 of the Act". 33
Page 8
Road Transport (Statutory Rules) Bill 2013
Amendment of existing road transport statutory rules that are continued in Schedule 1
force
[2] Clause 4 (1), definition of "class C motor vehicle" 1
Omit "(within the meaning of the Road Transport (Safety and Traffic 2
Management) Act 1999)". 3
[3] Clause 4 (1), definitions of "GCM and GVM" and "road transport 4
legislation" 5
Omit the definitions. 6
[4] Clause 4 (1), definitions of "road" and "road related area" 7
Insert in alphabetical order: 8
road and road related area are defined in section 4 (1) of the Act. 9
[5] Clause 4 (1), definition of "the Act" 10
Omit "Road Transport (Driver Licensing) Act 1998". 11
Insert instead "Road Transport Act 2013". 12
[6] Clause 4 (1), note 13
Omit "the Dictionary to". Insert instead "section 4 of". 14
[7] Clause 9 Conditional licences and condition codes 15
Omit "Part 2A" from Column 2 of the matter relating to condition code I in the 16
table to clause 9 (5). 17
Insert instead "Part 3.3". 18
[8] Clause 14 Cancellation or suspension of learner licence 19
Omit "section 183 of the Road Transport (General) Act 2005" from 20
clause 14 (b). 21
Insert instead "section 195 of the Act (or any former corresponding 22
provision)". 23
[9] Clause 15 Learner licence holder must be supervised in vehicle and 24
display "L" plates 25
Omit "section 19A of the Act and sections 205 and 206 of the Road Transport 26
(General) Act 2005" from clause 15 (2). 27
Insert instead "section 224 (1) (d) of the Act". 28
[10] Clause 15 (3), note 29
Omit "Section 189 of the Road Transport (General) Act 2005". 30
Insert instead "Section 207 of the Act". 31
Page 9
Road Transport (Statutory Rules) Bill 2013
Schedule 1 Amendment of existing road transport statutory rules that are continued in
force
[11] Clause 15 (4) (b) (i) 1
Omit "section 205 or 206 of the Road Transport (General) Act 2005". 2
Insert instead "Division 4 of Part 7.4 of the Act". 3
[12] Clause 24 Cancellation or suspension of provisional P1 licence 4
Omit "section 183 of the Road Transport (General) Act 2005" from 5
clause 24 (1) (b). 6
Insert instead "section 195 of the Act (or any former corresponding 7
provision)". 8
[13] Clause 24 (2) 9
Omit "section 189 of the Road Transport (General) Act 2005". 10
Insert instead "section 207 of the Act". 11
[14] Clause 25 Demerit points and speeding offences--eligibility for 12
provisional P2 licence or unrestricted licence 13
Omit "section 33" from clause 25 (b). Insert instead "section 59". 14
[15] Clause 29 Cancellation or suspension of provisional P2 licence 15
Omit "section 183 of the Road Transport (General) Act 2005" from 16
clause 29 (1) (b). 17
Insert instead "section 195 of the Act (or any former corresponding 18
provision)". 19
[16] Clause 29 (2) 20
Omit "section 189 of the Road Transport (General) Act 2005". 21
Insert instead "section 207 of the Act". 22
[17] Clause 30 Demerit points and speeding offences--eligibility for 23
unrestricted licence 24
Omit "section 33" from clause 30 (b). Insert instead "section 59". 25
[18] Clause 31C Authority may extend provisional licence period 26
Omit "section 189 of the Road Transport (General) Act 2005" from 27
clause 31C (8). 28
Insert instead "section 207 of the Act". 29
Page 10
Road Transport (Statutory Rules) Bill 2013
Amendment of existing road transport statutory rules that are continued in Schedule 1
force
[19] Clause 42 Suspended or disqualified persons not eligible 1
Omit clause 42 (1A). Insert instead: 2
(1A) Despite subclause (1), a person who is issued with a notice of 3
licence suspension under Part 3.2 of the Act is not eligible to 4
apply for a driver licence on and from the date the notice is issued 5
until: 6
(a) if the notice is issued under section 33 of the Act and the 7
person elects to be of good behaviour under section 36 of 8
the Act, the time that the person so elects, or 9
(b) if the person makes no such election or the notice is issued 10
under section 36 (4) or 40 (1) of the Act, the end of the 11
licence suspension. 12
[20] Clause 42 (4) 13
Omit "section 16, 16A or 17B". Insert instead "Division 2 or 3 of Part 3.2". 14
[21] Clause 46 When application for driver licence can be refused 15
Omit "section 33" from clause 46 (2) (c). Insert instead "section 59". 16
[22] Clause 46 (2) (d) 17
Omit "section 16 (9) or 16A (8)". Insert instead "section 36 (4)". 18
[23] Clause 54 Application for surrender of driver licence 19
Omit "section 16, 16A, 17B or 33" from clause 54 (3) (b). 20
Insert instead "Division 2 or 3 of Part 3.2 or section 59". 21
[24] Clause 54 (3) (c) 22
Omit the paragraph. Insert instead: 23
(c) the licence is suspended under any of the following 24
provisions: 25
(i) Division 2 of Part 3.2 of the Act, 26
(ii) Division 3 of Part 3.2 of the Act, 27
(iii) section 59 of the Act, 28
(iv) Division 4 of Part 7.4 of the Act, 29
(v) clause 55 or 57. 30
[25] Clause 55 Variation, suspension or cancellation of driver licence by 31
Authority 32
Omit "section 18A" from clause 55 (1) (m). Insert instead "section 61". 33
Page 11
Road Transport (Statutory Rules) Bill 2013
Schedule 1 Amendment of existing road transport statutory rules that are continued in
force
[26] Clause 56 1
Omit the clause. Insert instead: 2
56 Prescribed speeding offences for suspension or cancellation of 3
licences 4
For the purposes of the definition of speeding offence in 5
section 59 (6) of the Act, any offence that involves exceeding a 6
speed limit fixed by or under the Act applicable to the relevant 7
driver or vehicle by more than 30 kilometres per hour is 8
prescribed. 9
[27] Clause 57 Procedures for variation, suspension or cancellation of driver 10
licence 11
Omit "Division 3 of Part 3 of the Road Transport (General) Regulation 2005" 12
from clause 57 (6). 13
Insert instead "Part 7.8 of the Act". 14
[28] Clause 58 Notice of suspension or cancellation of driver licence 15
Omit "section 25A" from clause 58 (4). Insert instead "section 54". 16
[29] Clause 59 Downgrading of driver licence 17
Omit "section 33" from clause 59 (1) (b). Insert instead "section 59". 18
[30] Clause 60 Demerit points and offences 19
Omit "section 15 (1) (a)" from clause 60 (1). 20
Insert instead "section 32 (1) (a)". 21
[31] Clause 60 (2) 22
Omit "section 15 (1) (b)". Insert instead "section 32 (1) (b)". 23
[32] Clause 71 Definitions 24
Omit "section 21B" and "Part 2A" wherever occurring. 25
Insert instead "section 46" and "Part 3.3", respectively. 26
[33] Clause 72 Authority may issue interlock driver licence 27
Omit "section 194 of the Road Transport (General) Act 2005" from the note. 28
Insert instead "section 212 of the Act". 29
Page 12
Road Transport (Statutory Rules) Bill 2013
Amendment of existing road transport statutory rules that are continued in Schedule 1
force
[34] Clause 73 Additional application procedures 1
Omit "section 194 (1) of the Road Transport (General) Act 2005". 2
Insert instead "section 212 (1) of the Act". 3
[35] Clause 75 Converted interlock driver licences 4
Omit "section 192 of the Road Transport (General) Act 2005" from 5
clause 75 (1). 6
Insert instead "section 210 of the Act". 7
[36] Clause 76 Fit and proper persons 8
Omit "within the meaning of the Road Transport (General) Act 2005" from 9
paragraph (b) of the definition of relevant offence in clause 76 (2). 10
[37] Clause 77 Eligibility for approval as approved interlock installer 11
Omit "Part 2A" from clause 77 (1). Insert instead "Part 3.3". 12
[38] Clause 78 Eligibility for approval as approved interlock service provider 13
Omit "Part 2A" from clause 78 (1). Insert instead "Part 3.3". 14
[39] Clause 81 Conditions of approvals 15
Omit "Part 2A" from clause 81 (3) (b). Insert instead "Part 3.3". 16
[40] Clause 84 Show cause notice 17
Omit "section 21B (4)" from clause 84 (1). Insert instead "section 46 (4)". 18
[41] Clause 85 Notice of revocation of approval 19
Omit "section 21B (4)" wherever occurring. Insert instead "section 46 (4)". 20
[42] Clauses 87-90 21
Omit "Part 2A" wherever occurring. Insert instead "Part 3.3". 22
[43] Clause 99 Interstate and international visitors 23
Insert "concerning the holding of a driver licence in this State" after 24
"requirements" wherever occurring in clause 99 (1), (2) and (4). 25
[44] Clause 100 Golf and green keeping vehicles used on roads or road 26
related areas 27
Omit "section 25 (1)" from clause 100 (1). Insert instead "section 53 (1)". 28
Page 13
Road Transport (Statutory Rules) Bill 2013
Schedule 1 Amendment of existing road transport statutory rules that are continued in
force
[45] Clause 101 Drivers of light rail vehicles 1
Omit "section 25 (2)". Insert instead "section 53 (3)". 2
[46] Clause 101 3
Omit "within the meaning of the Road Transport (Safety and Traffic 4
Management) Act 1999". 5
[47] Clause 102 Other exemptions from licensing 6
Omit "section 25 (1)" from clause 102 (1). Insert instead "section 53 (1)". 7
[48] Clause 102 (2) 8
Omit "Section 25A (1) (a), (3) (a) and (3A) (b) (i)". 9
Insert instead "Section 54 (1) (a), (4) (a) and (5) (b) (i)". 10
[49] Clause 103 NSW driver licence register 11
Omit "the driver licence register" and "the register" wherever occurring. 12
Insert instead "the NSW driver licence register". 13
[50] Clause 106 Release of information relating to alcohol interlock program 14
Omit "section 21B" from clause 106 (a). Insert instead "section 46". 15
[51] Clause 107 Release of certain photographs 16
Omit "Part 5" from clause 107 (1A). Insert instead "Part 3.5". 17
[52] Clause 107 (1), note 18
Omit "section 41". Insert instead "section 57". 19
[53] Clause 107 (2) 20
Omit "section 41 (2)". Insert instead "section 57 (2)". 21
[54] Clause 107, note 22
Omit "Part 5 of the Road Transport (Driver Licensing) Act 1998" from the 23
note at the end of the clause. 24
Insert instead "Part 3.5 of the Road Transport Act 2013". 25
Page 14
Road Transport (Statutory Rules) Bill 2013
Amendment of existing road transport statutory rules that are continued in Schedule 1
force
[55] Clause 108 1
Omit the clause. Insert instead: 2
108 Purposes for which photographs may be kept and used (cf cl 60A 3
1999 Reg) 4
For the purposes of section 56 (1) (j) of the Act, the Authority 5
may keep or use a photograph for any purpose for which a 6
photograph of a person taken for the purposes of a mobility 7
parking scheme authority may be kept and used by the Authority 8
under the statutory rules made under the Act. 9
[56] Clause 108A Keeping and use of photographs: use of facial recognition 10
technology 11
Omit "section 40 (1) (g)" and "Part 5" from clause 108A (1). 12
Insert instead "section 56 (1) (j)" and "Part 3.5", respectively. 13
[57] Clause 108A (2), definition of "relevant permit" 14
Omit "Part 5" from paragraph (f) of the definition. Insert instead "Part 3.5". 15
[58] Clause 108A (2), definition of "relevant permit" 16
Omit paragraph (g) of the definition. Insert instead: 17
(g) the registration of a vehicle within the meaning of the Act, 18
[59] Clause 108A (2), definition of "relevant permit" 19
Omit "regulations made under the Road Transport (Safety and Traffic 20
Management) Act 1999" from paragraph (j). 21
Insert instead "statutory rules made under the Act". 22
[60] Clause 108A, note 23
Omit "Part 5 of the Road Transport (Driver Licensing) Act 1998". 24
Insert instead "Part 3.5 of the Act". 25
[61] Clause 110 Delegation of Authority's powers 26
Omit the clause. 27
[62] Clause 111 Applicable fees 28
Omit "section 10 (1)" from clause 111 (b). Insert instead "section 271 (1)". 29
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Road Transport (Statutory Rules) Bill 2013
Schedule 1 Amendment of existing road transport statutory rules that are continued in
force
[63] Clause 112 Waiver of fees 1
Insert "in connection with driver licensing" after "the Act" in clause 112 (1). 2
[64] Clause 120A Professional drivers 3
Omit "the Dictionary to" wherever occurring (including the note). 4
Insert instead "section 4 (1) of". 5
[65] Clause 120B Exemptions for professional drivers 6
Omit "Section 16 (2)" from clause 120B (1). Insert instead "Section 33 (1)". 7
[66] Clause 120B (2) 8
Omit "Section 16AA (2) (a)". Insert instead "Section 34 (2) (a)". 9
[67] Schedule 1 National schedule of demerit point offences 10
Insert before the matter relating to the Road Transport (General) Regulation 11
2005: 12
Road Transport Act 2013
Column 1 Column 2 Column 3 Column 4
Provision Description of offence Standard Long
creating offence demerit weekend
points demerit
points
Section 117 (1) (c) Negligent driving (but not 3 3
occasioning death or grievous
bodily harm)
[68] Schedule 1 13
Omit "Road Transport (General) Regulation 2005". 14
Insert instead "Road Transport (Vehicle and Driver Management) 15
Regulation 2005". 16
[69] Schedule 1 17
Omit the matter relating to the Road Transport (Safety and Traffic 18
Management) Act 1999. 19
Page 16
Road Transport (Statutory Rules) Bill 2013
Amendment of existing road transport statutory rules that are continued in Schedule 1
force
[70] Schedule 2 Additional demerit point offences 1
Insert after the matter relating to the Road Rules 2008: 2
Road Transport Act 2013
Column 1 Column 2 Column 3 Column 4
Provision Description of offence Standard Long
creating offence demerit weekend
points demerit
points
Section 68 (1), in Use unregistered vehicle 4 4
relation only to a
class B or class C
motor vehicle
Section 116 (1) Burnout 3 3
Section 119 (2) Stand/drive vehicle with speed 9 9
measuring evasion article
[71] Schedule 2 3
Omit "Road Transport (General) Regulation 2005". 4
Insert instead "Road Transport (Vehicle and Driver Management) 5
Regulation 2005". 6
[72] Schedule 2 7
Omit the matter relating to the Road Transport (Safety and Traffic 8
Management) Act 1999 and Road Transport (Vehicle Registration) Act 1997. 9
1.3 Road Transport (Mass, Loading and Access) Regulation 10
2005 11
[1] Clause 71 Variation, suspension and cancellation of accreditation 12
Omit clause 71 (6) (b). Insert instead: 13
(b) an appeal to the Local Court under Part 7.8 of the Road 14
Transport Act 2013 against a decision to cancel an 15
accreditation operates, because of clause 135 of the Road 16
Transport (General) Regulation 2013, to stay the decision 17
pending the determination of the appeal. 18
[2] Dictionary 19
Omit "Road Transport (General) Act 2005" from the definition of the Act. 20
Insert instead "Road Transport (Vehicle and Driver Management) Act 2005". 21
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Road Transport (Statutory Rules) Bill 2013
Schedule 1 Amendment of existing road transport statutory rules that are continued in
force
1.4 Road Transport (Vehicle Registration) Regulation 2007 1
[1] Clause 3 Definitions 2
Omit the note to clause 3 (1). 3
[2] Clause 4 Application of Act and Regulation 4
Omit the clause. 5
[3] Clause 5 Registered operator of registrable vehicle 6
Omit clause 5 (3). Insert instead: 7
(3) In this clause, requisite age means 16 years of age. 8
[4] Clause 8 Form of application 9
Omit "residential address" from clause 8 (2) (a). 10
Insert instead "home address". 11
[5] Clause 8, note 12
Omit the note at the end of the clause. Insert instead: 13
Note. Section 4 of the Act defines home address, in relation to a body 14
corporate that has a registered office in Australia, to mean the address 15
of its registered office. 16
[6] Clauses 9 (2), 83YA (2) and 83ZC 17
Omit "register of written-off vehicles" wherever occurring. 18
Insert instead "NSW written-off vehicles register". 19
[7] Clause 11 Duration of registration 20
Omit "heavy vehicle or" from clause 11 (2). 21
[8] Clause 14 Maintenance of the Registers 22
Omit "section 10" and "residential address" wherever occurring in 23
clause 14 (1) (a) and (a1). 24
Insert instead "section 64" and "home address", respectively. 25
[9] Clause 14 (1), note 26
Omit the note at the end of the subclause. Insert instead: 27
Note. Section 4 of the Act defines home address, in relation to a body 28
corporate that has a registered office in Australia, to mean the address 29
of its registered office. 30
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Road Transport (Statutory Rules) Bill 2013
Amendment of existing road transport statutory rules that are continued in Schedule 1
force
[10] Clause 14 (2A) 1
Omit the subclause. Insert instead: 2
(2A) The Authority must record details of any finding of guilt under 3
section 243 of the Act in the Register or another register kept by 4
the Authority. 5
[11] Clause 15 Certificates of registration 6
Omit "Part 2A of" from clause 15 (1) (i). Insert instead "Schedule 2 to". 7
[12] Clause 15 (1) (m) 8
Omit the paragraph. Insert instead: 9
(m) if the vehicle was first recorded on the register of 10
written-off vehicles kept under Part 2AA of the former 11
Road Transport (Vehicle Registration) Act 1997 or on the 12
NSW written-off vehicles register at some time on or after 13
31 January 2011--the fact that the vehicle is recorded on 14
the NSW written-off vehicles register. 15
[13] Clause 31 Obligations of registered operators 16
Omit "residential address" from clause 31 (1) (b). 17
Insert instead "home address". 18
[14] Clause 31 (1), note 19
Omit the note. Insert instead: 20
Note. Section 4 of the Act defines home address, in relation to a body 21
corporate that has a registered office in Australia, to mean the address 22
of its registered office. 23
[15] Clause 31 (3) (b) 24
Omit "Part 2A of". Insert instead "Schedule 2 to". 25
[16] Clause 31 (4) 26
Omit "section 17J of". Insert instead "clause 11 of Schedule 2 to". 27
[17] Clause 41 Suspension or cancellation of registration by Authority 28
Omit clause 41 (1) (m). 29
[18] Clause 41 (1), note 30
Omit the note at the end of the subclause. 31
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Road Transport (Statutory Rules) Bill 2013
Schedule 1 Amendment of existing road transport statutory rules that are continued in
force
[19] Clause 41 (2A) 1
Omit "section 179 (6) of the Road Transport (General) Act 2005". 2
Insert instead "section 188 (1) of the Act or a former corresponding 3
provision". 4
[20] Clause 41 (4) 5
Omit the subclause. Insert instead: 6
(4) In this clause, traffic law means: 7
(a) a provision of Chapter 4 of the Act or this Regulation, or 8
(b) any other provision of the road transport legislation. 9
[21] Clause 42 Procedures for suspension and cancellation of registration 10
Omit clause 42 (2) (b) (iv). Insert instead: 11
(iv) if there is a right under Part 7.8 of the Act to appeal 12
against the decision--advises the registered 13
operator of the right of appeal. 14
[22] Clause 42 (3) (c) 15
Omit "section 16C of the Road Transport (Vehicle Registration) Act 1997". 16
Insert instead "section 84 of the Act". 17
[23] Clause 45 Use of vehicles with trader's plates on road or road related 18
area 19
Omit "section 18 (2) (b)". Insert instead "section 68 (2) (b)". 20
[24] Clauses 50A (1) and 50B 21
Omit "section 18 (2) (b)" wherever occurring. 22
Insert instead "section 68 (2) (b)". 23
[25] Clause 52 Registrable vehicles to comply with vehicle standards 24
specified in Schedule 2 25
Omit "section 26" from clause 52 (3) (a). Insert instead "section 76". 26
[26] Clause 64 Notification of decisions by Authority 27
Omit clause 64 (2) (b) (including the note to the subclause). Insert instead: 28
(b) if the holder appeals to the Local Court under Part 7.8 of 29
the Act against the decision--subject to any orders of the 30
Court and to the provisions of clause 135 of the Road 31
Transport (General) Regulation 2013. 32
Page 20
Road Transport (Statutory Rules) Bill 2013
Amendment of existing road transport statutory rules that are continued in Schedule 1
force
[27] Clause 70 Issue of defect notices and formal warnings 1
Omit "Section 26" from the note at the end of clause 70 (1). 2
Insert instead "Section 76". 3
[28] Clause 75 Variation, suspension or cancellation of accreditation 4
Omit clause 75 (2) (c) (including the note at the end of the paragraph). 5
Insert instead: 6
(c) the registered operator's right, after an internal review is 7
finalised, to appeal against the decision to the Local Court 8
under Part 7.8 of the Act, and 9
[29] Clause 75 (4) (b) 10
Omit the paragraph. Insert instead: 11
(b) an appeal to the Local Court under Part 7.8 of the Act 12
against a decision to cancel an accreditation operates, 13
because of clause 135 of the Road Transport (General) 14
Regulation 2013, to stay the decision pending the 15
determination of the appeal. 16
[30] Clause 76 Internal review of variation, suspension or cancellation of 17
accreditation 18
Omit clause 76 (7) (c) (including the note at the end of the subclause). 19
Insert instead: 20
(c) the registered operator's right to appeal against the 21
decision to the Local Court under Part 7.8 of the Act. 22
[31] Clause 76AO Service of notices under Part 23
Omit "Clause 7 of the Road Transport (General) Regulation 2005" from the 24
note. 25
Insert instead "Clause 7 of the Road Transport (General) Regulation 2013". 26
[32] Clause 76C Annual registration charges for chargeable heavy vehicles 27
Omit "section 17A of" from clause 76C (1). 28
Insert instead "clause 2 of Schedule 2 to". 29
[33] Clause 76D Calculation of refund of registration charges for heavy 30
vehicles on cancellation of registration 31
Omit "section 17L (2) (b) of" from clause 76D (1). 32
Insert instead "clause 13 (2) (b) of Schedule 2 to". 33
Page 21
Road Transport (Statutory Rules) Bill 2013
Schedule 1 Amendment of existing road transport statutory rules that are continued in
force
[34] Clause 76D (2) 1
Omit "Part 2A of" from the definition of charge. 2
Insert instead "Schedule 2 to". 3
[35] Clause 77 Fees 4
Omit the note to clause 77 (2). Insert instead: 5
Note. These fees are fixed under section 271 (1) of the Act and are 6
required to be published in the Gazette. 7
[36] Clause 83B Meaning of "written-off vehicle" 8
Omit "section 16B (3)". Insert instead "section 83 (3)". 9
[37] Clauses 83C-83CB and 83ZD 10
Omit "section 16A" wherever occurring. Insert instead "section 82". 11
[38] Clause 83D Vehicles that are not eligible for the issue of authorisation to 12
repair 13
Omit "section 16D (1) (b)". Insert instead "section 85 (1) (b)". 14
[39] Clause 83E Eligibility to apply for an authorisation to repair 15
Omit "section 16D (1) (c)". Insert instead "section 85 (1) (c)". 16
[40] Clause 83G Prescribed qualifications to carry out vehicle damage 17
assessments 18
Omit "section 16I (1) (a)" from clause 83G (1). 19
Insert instead "section 90 (1) (a)". 20
[41] Clause 83H Standards of repairs and repair methods 21
Omit "section 16J (b)". Insert instead "section 91 (b)". 22
[42] Clause 83I Records about vehicle damage assessments 23
Omit "section 16M (1) (a)" from clause 83I (1). 24
Insert instead "section 94 (1) (a). 25
[43] Clause 83J Notification of information about vehicles assessed as a total 26
loss 27
Omit "section 16L (1)". Insert instead "section 93 (1)". 28
[44] Clause 83L Prescribed information about vehicles disposed of to 29
auto-dismantler 30
Omit "section 16L (2)". Insert instead "section 93 (2)". 31
Page 22
Road Transport (Statutory Rules) Bill 2013
Amendment of existing road transport statutory rules that are continued in Schedule 1
force
[45] Clause 83M Prescribed information about demolished or dismantled 1
vehicles 2
Omit "section 16L (3)". Insert instead "section 93 (3)". 3
[46] Clause 83O Obligation to attach written-off vehicle warning labels 4
Omit "Section 16P" from the note at the end of the clause. 5
Insert instead "Section 97". 6
[47] Clauses 83P, 83Q and 83R 7
Omit "section 16P (1)" wherever occurring. Insert instead "section 97 (1)". 8
[48] Clauses 83S and 83U 9
Omit "section 16Q (1) (b)" wherever occurring. 10
Insert instead "section 98 (1) (b)". 11
[49] Clause 83X Superficially-damaged motor bikes 12
Omit "the Act" from clause 83X (1) (d). 13
Insert instead "the former Road Transport (Vehicle Registration) Act 1997". 14
[50] Clauses 83Y and 83YA (3) 15
Omit "section 16L" wherever occurring. 16
Insert instead "section 93". 17
[51] Clause 83YA Hail-damaged vehicles 18
Omit "Part 2AA" from clause 83YA (2). Insert instead "Part 4.5". 19
[52] Clause 83Z Existing repairable interstate written-off vehicles may be 20
registered without authorisation to repair 21
Omit "section 16C (2)" from clause 83Z (1). Insert instead "section 84 (2)". 22
[53] Clause 83Z (2) 23
Omitthe subclause. 24
[54] Clause 83ZA Application to written-off vehicles on register before 25
commencement date 26
Omit "the Act". 27
Insert instead "the former Road Transport (Vehicle Registration) Act 1997". 28
Page 23
Road Transport (Statutory Rules) Bill 2013
Schedule 1 Amendment of existing road transport statutory rules that are continued in
force
[55] Clause 83ZB Vehicles eligible for authorisation to repair before 1
substitution of clause 83D 2
Omit "the Act" from clause 83ZB (2). 3
Insert instead "the former Road Transport (Vehicle Registration) Act 1997". 4
[56] Clause 84 Use of vehicle offences 5
Omit "section 22A (2)" from clause 84 (4). Insert instead "section 74 (1)". 6
[57] Clause 84 (6) 7
Omit "section 18 (2) (b)". Insert instead "section 68 (2) (b)". 8
[58] Clause 84 (7) 9
Omit "27C" wherever occurring (including the note). 10
Insert instead "81". 11
[59] Clause 87 How forfeited vehicles may be disposed of under section 79 of 12
the Act 13
Omit "section 27 (6)" wherever occurring in clause 87 (1) and (2). 14
Insert instead "section 79 (6)". 15
[60] Clause 88 Proceeds of sales of vehicles seized under section 79 of the 16
Act 17
Omit "section 27" wherever occurring in clause 88 (1) and paragraph (b) of the 18
definition of net proceeds of sale in clause 88 (5). 19
Insert instead "section 79". 20
[61] Clause 88A Meaning of "vehicle" 21
Omit the clause. 22
[62] Clause 89 More than one person recorded as registered operator of light 23
vehicle 24
Omit "section 23A" from clause 89 (2). Insert instead "section 64". 25
[63] Clause 91A Photographic evidence of unauthorised vehicle use: 26
section 135 of Act 27
Omit "section 22C". 28
Insert instead "the definition of unauthorised vehicle use offence in 29
section 135 (1)". 30
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Road Transport (Statutory Rules) Bill 2013
Amendment of existing road transport statutory rules that are continued in Schedule 1
force
[64] Clause 92 Delegation of Authority's powers 1
Omit the clause. 2
[65] Clause 93 Repeal of Road Transport (Vehicle Registration) Regulation 3
1998 4
Omit the clause. 5
[66] Schedule 1, heading 6
Insert "Chapter 4 of" after "Application of". 7
[67] Schedule 1, clause 3 (2) 8
Omit the note at the end of the subclause. Insert instead: 9
Note. Section 68 (1) of the Act makes it an offence for a person to use 10
an unregistered registrable vehicle on a road. A vehicle is unregistered 11
if it is not registered on the NSW registrable vehicles register. However, 12
section 68 (2) (b) provides that section 68 (1) does not apply to the use 13
of a registrable vehicle on a road if the use is otherwise permitted by the 14
Act or under the statutory rules. 15
[68] Schedule 1, clause 17 (2) 16
Omit the subclause. 17
[69] Schedule 1, Part 3, heading 18
Insert "Chapter 4 of" after "to which". 19
[70] Schedule 1, clauses 19 and 20 (1) 20
Omit "The Act" wherever occurring. Insert instead "Chapter 4 of the Act". 21
[71] Schedule 2 Vehicle standards 22
Omit "Road Transport (General) Act 2005" from paragraph (a) of the 23
definition of excess weight limits legislation in clause 124 (11). 24
Insert instead "Road Transport (Vehicle and Driver Management) Act 2005". 25
[72] Schedule 4 Registration charges for chargeable heavy vehicles 26
Omit the definition of trailer from clause 1 (1). 27
[73] Schedule 4, clause 1 (2) 28
Omit "Part 2A of the Act" and "that Part". 29
Insert instead "Schedule 2 to the Act". 30
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Road Transport (Statutory Rules) Bill 2013
Schedule 1 Amendment of existing road transport statutory rules that are continued in
force
[74] Dictionary 1
Omit "section 27" from the definition of forfeited vehicle. 2
Insert instead "section 79". 3
[75] Dictionary, definition of "penalty notice" 4
Omit the definition. 5
[76] Dictionary 6
Insert in alphabetical order: 7
Register means the NSW registrable vehicles register. 8
[77] Dictionary, definition of "relevant registration charge" 9
Omit "Part 2A of" from paragraph (a) of the definition. 10
Insert instead "Schedule 2 to". 11
[78] Dictionary, definition of "the Act" 12
Omit the definition. Insert instead: 13
the Act means the Road Transport Act 2013. 14
[79] Dictionary, definition of "vehicle defect notice" 15
Omit "section 26 (2) (a)". Insert instead "section 76 (4) (a)". 16
Page 26
Road Transport (Statutory Rules) Bill 2013
Renaming and other amendment of Road Transport (General) Regulation Schedule 2
2005
Schedule 2 Renaming and other amendment of Road 1
Transport (General) Regulation 2005 2
[1] Clause 1 Name of Regulation 3
Omit "Road Transport (General) Regulation 2005". 4
Insert instead "Road Transport (Vehicle and Driver Management) Regulation 5
2005". 6
[2] Clause 3 Definitions 7
Omit clause 3 (1). Insert instead: 8
(1) In this Regulation: 9
the Act means the Road Transport (Vehicle and Driver 10
Management) Act 2005. 11
[3] Clause 3A 12
Omit the clause. Insert instead: 13
3A Meaning of "applicable road law" 14
For the purposes of paragraph (e) of the definition of applicable 15
road law in section 3 (1) of the Act, Part 4.5 of the Road 16
Transport Act 2013 is prescribed for the purposes only of 17
Division 2 of Part 3.5 of Chapter 3 of the Road Transport 18
(Vehicle and Driver Management) Act 2005. 19
[4] Part 2 Road transport legislation 20
Omit the Part. 21
[5] Part 3 Appeals to Local Court 22
Omit the Part. 23
[6] Part 5 Impounded vehicles 24
Omit the Part. 25
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Road Transport (Statutory Rules) Bill 2013
Schedule 2 Renaming and other amendment of Road Transport (General) Regulation
2005
[7] Clause 140 1
Omit the clause. Insert instead: 2
140 Appeals against decisions to Local Court 3
A decision to which this Subdivision applies is an appealable 4
decision for the purposes of Part 7.8 of the Road Transport Act 5
2013. 6
Note. See also clause 129 of the Road Transport (General) Regulation 7
2013. 8
[8] Part 8 Penalty notice offences 9
Omit the Part. 10
[9] Clause 171A Meaning of "vehicle" 11
Omit the clause. 12
[10] Clause 172 Prescribed speeding offences 13
Omit the clause. 14
[11] Clause 175 Fees for information from records of Authority 15
Omit the clause. 16
[12] Schedule 1 Fees 17
Omit the Schedule. 18
[13] Schedule 2 Authorised officers 19
Omit the Schedule. 20
[14] Schedule 3 Penalty notice offences 21
Omit the Schedule. 22
Page 28
Road Transport (Statutory Rules) Bill 2013
Road Transport (General) Regulation 2013 Schedule 3
Schedule 3 Road Transport (General) Regulation 1
2013 2
(Section 3) 3
Part 1 Preliminary 4
1 Name of Regulation 5
This Regulation is the Road Transport (General) Regulation 2013. 6
2 Commencement 7
This Regulation commences on the day on which Schedule 1 (Repeal of 8
certain existing road transport legislation) to the Road Transport 9
Legislation (Repeal and Amendment) Act 2013 commences. 10
3 Definitions (cf Gen Reg, cl 3; STM Reg, cl 3) 11
(1) In this Regulation: 12
area of operations means: 13
(a) in relation to a council--the council's local government area, and 14
(b) in relation to a declared organisation--the area of operations 15
specified in relation to that organisation in Column 2 of 16
Schedule 2. 17
articulated vehicle means a motor vehicle having at its rear a portion, 18
on wheels, that is pivoted to, and a part of which (not being a pole, 19
draw-bar or similar device or an accessory of it) is superimposed on, the 20
forward portion of the vehicle. 21
Authority guidelines means guidelines in force under clause 83. 22
axle means that part of a vehicle consisting of one or more shafts, 23
spindles or bearings in the same transverse vertical plane or between 24
2 parallel transverse vertical planes not more than 1 metre apart, by 25
means of which, in conjunction with wheels mounted on such shafts, 26
spindles or bearings, the whole or portion of the weight of the vehicle 27
and its loading is continuously transmitted to the road surface. 28
axle group means a single axle, a tandem axle group or a tri-axle group. 29
bus means a motor vehicle built mainly to carry people that seats over 30
12 persons (including the driver). 31
centreline of an axle or axle group means a transverse line through the 32
centre of the axle or axle group and that: 33
(a) in the case of a single axle comprising more than one axle or a 34
tandem axle group, not being a twin steer axle group: 35
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Road Transport (Statutory Rules) Bill 2013
Schedule 3 Road Transport (General) Regulation 2013
(i) if both axles are fitted with an equal number of tyres, is a 1
line located midway between those axles, or 2
(ii) if one axle is fitted with twice the number of tyres than the 3
other axle, is a line one third of the distance between the 4
axles away from the axle fitted with the greater number of 5
tyres toward the axle fitted with the lesser number of tyres, 6
or 7
(b) in the case of a twin steer axle group, is a line located midway 8
between the 2 axles in the group, or 9
(c) in the case of a tri-axle group, is a line located midway between 10
the extreme axles. 11
controlled parking hours, in relation to a pay parking space or pay 12
parking area, means the periods (as set out on the relevant traffic signs) 13
during which a vehicle may not be parked in the space or area unless the 14
relevant parking fee has been paid. 15
council means the council of a local government area. 16
coupon parking area has the same meaning as in rule 207-5 of the 17
Road Rules 2008. 18
coupon parking scheme means a scheme of the kind established in 19
accordance with Subdivision 3 of Division 1 of Part 5. 20
coupon parking space has the same meaning as in rule 207-6 of the 21
Road Rules 2008. 22
declared organisation means a body constituted by or under an Act or 23
a Government Department specified in Column 1 of Schedule 2. 24
disabled person means a person: 25
(a) who is unable to walk because of permanent or temporary loss of 26
the use of one or both legs or other permanent medical or physical 27
condition, or 28
(b) whose physical condition is detrimentally affected as a result of 29
walking 100 metres, or 30
(c) who requires the use of crutches, a walking frame, callipers, 31
scooter, wheelchair or other similar mobility aid. 32
driver licensing law means: 33
(a) Chapter 3 of the Act, and 34
(b) the Road Transport (Driver Licensing) Regulation 2008. 35
goods vehicle means: 36
(a) a station wagon, or 37
(b) a vehicle constructed principally for the conveyance of goods. 38
heavy goods vehicle means a goods vehicle that is not a light goods 39
vehicle. 40
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Road Transport (Statutory Rules) Bill 2013
Road Transport (General) Regulation 2013 Schedule 3
light goods vehicle means a goods vehicle that comprises a station 1
wagon or a motor bike combination. 2
loading zone ticket means a ticket issued by or on behalf of the 3
Authority (by means of a loading zone ticket machine) for display in or 4
on a goods vehicle. 5
loading zone ticket machine means a device designed to issue loading 6
zone tickets, and includes the stand on which such a device is erected. 7
metered parking area has the same meaning as in rule 207-1 of the 8
Road Rules 2008. 9
metered parking scheme means a scheme of the kind established in 10
accordance with Subdivision 1 of Division 1 of Part 5. 11
metered parking space has the same meaning as in rule 207-1 of the 12
Road Rules 2008. 13
mobility parking scheme authority means an authority issued under 14
Division 2 of Part 6. 15
money based coupon means a parking coupon that allows a person to 16
park a vehicle in a coupon parking space for a period of time calculated 17
by reference to: 18
(a) the amount specified on the coupon as the parking fee that has 19
been pre-paid for parking the vehicle in a coupon parking space, 20
and 21
(b) the relevant fee for the space. 22
motor bike means any motor vehicle that has 2 wheels or, if a sidecar or 23
sidebox is attached to it, has 3 wheels and includes a motor tricycle. 24
motor lorry means any motor vehicle (whether or not in combination 25
with any trailer) that is constructed principally for the conveyance of 26
goods or merchandise or for the conveyance of any kind of materials 27
used in any trade, business or industry, or for use in any work other than 28
the conveyance of persons, but does not include a motor bike or a 29
tractor. 30
motor registry means a place at which registration of a vehicle can be 31
effected by or on behalf of the Authority. 32
motor tricycle means any motor vehicle with 3 wheels and having a 33
GVM of one tonne or less. 34
multi-space parking meter means a parking meter that applies to more 35
than one metered parking space. 36
park has the same meaning as it has in the Road Rules 2008. 37
parking authority means a council or a declared organisation. 38
parking coupon means a voucher, card or similar article issued by a 39
parking authority (otherwise than by means of a parking ticket machine) 40
Page 31
Road Transport (Statutory Rules) Bill 2013
Schedule 3 Road Transport (General) Regulation 2013
for display in or on a vehicle as evidence of the pre-payment of a 1
parking fee. 2
parking meter means a device designed to indicate, or capable of 3
indicating, whether the fee determined by the parking authority 4
concerned in respect of any vehicle parking in a metered parking space 5
to which the device applies has been paid, and includes the stand on 6
which such a device is erected. 7
parking permit means a permit issued under clause 95. 8
parking ticket means a ticket issued by a parking authority (by means 9
of a parking ticket machine) for display in or on a vehicle as evidence 10
of the pre-payment of a parking fee. 11
parking ticket machine means a device designed to issue parking 12
tickets, and includes the stand on which such a device is erected. 13
pay parking area means: 14
(a) a coupon parking area, or 15
(b) a metered parking area, or 16
(c) a phone parking area, or 17
(d) a ticket parking area. 18
pay parking device means a device referred to in clause 66 (2) (c) or 19
73 (2) (d). 20
pay parking scheme means: 21
(a) a coupon parking scheme, or 22
(b) a metered parking scheme, or 23
(c) a phone parking scheme, or 24
(d) a ticket parking scheme. 25
pay parking space means: 26
(a) a coupon parking space, or 27
(b) a metered parking space, or 28
(c) a phone parking space, or 29
(d) a ticket parking space. 30
permissive parking sign means a traffic sign of the kind referred to in 31
rule 204 of the Road Rules 2008. 32
phone parking area has the same meaning as in rule 207-8 of the Road 33
Rules 2008. 34
phone parking scheme means a scheme of a kind established in 35
accordance with Subdivision 4 of Division 1 of Part 5. 36
phone parking space has the same meaning as in rule 207-9 of the Road 37
Rules 2008. 38
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Road Transport (Statutory Rules) Bill 2013
Road Transport (General) Regulation 2013 Schedule 3
phone payment scheme means a scheme for payment of parking fees by 1
mobile phone that is approved by the Authority and adopted by a 2
parking authority under Subdivision 4 of Division 1 of Part 5 for the 3
purposes of a phone parking scheme. 4
prime mover means a motor vehicle built to tow a semi-trailer. 5
public passenger service has the same meaning as it has in the 6
Passenger Transport Act 1990. 7
regular passenger service has the same meaning as it has in the 8
Passenger Transport Act 1990. 9
relevant parking fee, in relation to the parking of a vehicle in a pay 10
parking space or area, means the fee for parking a vehicle in the space 11
or area, for the day and time during which the vehicle is parked in the 12
space or area, as indicated on: 13
(a) the parking meter or ticket machine for the space (in relation to a 14
metered parking space or a ticket parking space), or 15
(b) the permissive parking signs or coupon parking signs for the 16
space (in relation to a coupon parking space), or 17
(c) the phone parking signs, or the parking meter or ticket machine, 18
for the area or space (in relation to a phone parking area or a 19
phone parking space). 20
road--see subclause (2). 21
road related area--see subclause (2). 22
school zone means a school zone (as defined in rule 23 (2) of the Road 23
Rules 2008), but only during any period in which the speed limit 24
indicated by a school zone sign has effect, as referred to in 25
rule 318 (3-1) of those Rules. 26
semi-trailer means a trailer (including a pole-type trailer) that has: 27
(a) one axle group or single axle towards the rear, and 28
(b) a means of attachment to a prime mover that would result in some 29
of the load being imposed on the prime mover. 30
sidecar means any car, box or other receptacle attached to the side of a 31
motor bike and for the carriage of which a third wheel is provided. 32
single axle means one axle, or 2 axles the centrelines of which are less 33
than 1 metre apart. 34
smart card means a stored-value card keeping a record of financial 35
transactions made using the card. 36
special event parking area has the same meaning as in rule 205A-1 of 37
the Road Rules 2008. 38
station wagon has the same meaning as it has in the Road Transport 39
(Vehicle Registration) Regulation 2007. 40
Page 33
Road Transport (Statutory Rules) Bill 2013
Schedule 3 Road Transport (General) Regulation 2013
tandem axle group means a combination of 2 axles, the centrelines of 1
which are not less than 1 metre and not more than 2 metres apart. 2
the Act means the Road Transport Act 2013. 3
third edition ADR has the same meaning as in the Road Transport 4
(Vehicle Registration) Regulation 2007. 5
ticket-operated loading zone has the same meaning as in rule 179-1 of 6
the Road Rules 2008. 7
ticket parking area has the same meaning as in rule 207-3 of the Road 8
Rules 2008. 9
ticket parking scheme means a scheme of the kind established in 10
accordance with Subdivision 2 of Division 1 of Part 5. 11
ticket parking space has the same meaning as in rule 207-4 of the Road 12
Rules 2008. 13
time based coupon means a parking coupon that allows a person to park 14
a vehicle in a coupon parking space for the period of time specified on 15
the coupon. 16
tractor means any motor vehicle constructed principally for the purpose 17
of supplying motive power for machinery or of hauling any vehicle, but 18
that is not capable of carrying any loading (other than tools, spare parts, 19
fuel, water, oil, or other accessories necessary for use in connection with 20
the vehicle) or any part of the weight of a vehicle being drawn or its 21
loading. 22
traffic sign has the same meaning as it has in the Road Rules 2008. 23
tri-axle group means a combination of 3 axles the centrelines of the 24
extreme axles of which are not less than 2 metres and not more than 25
3.2 metres apart. 26
twin steer axle group means a tandem axle group consisting of 27
2 single-tyred axles connected to the same steering system, that are 28
fitted to a rigid vehicle or a prime mover. 29
vehicle, in Part 5, includes a horse. 30
(2) Each reference in this Regulation to a road includes a reference to a 31
road related area, unless otherwise expressly stated in this Regulation. 32
Note. The terms road and road related area are defined in section 4 (1) of the 33
Act. 34
(3) In this Regulation, an abbreviation or symbol specified in Schedule 1 to 35
the Road Rules 2008 has the same meaning as it has in that Schedule. 36
(4) Notes included in this Regulation do not form part of this Regulation. 37
Note. For the purposes of comparison, a number of provisions of this 38
Regulation contain bracketed notes in headings drawing attention ("cf") to 39
equivalent or comparable (though not necessarily identical) provisions of other 40
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Road Transport (Statutory Rules) Bill 2013
Road Transport (General) Regulation 2013 Schedule 3
Regulations (as in force immediately before the commencement of this 1
Regulation). Abbreviations in these notes include the following: 2
(a) Gen Reg is a reference to the Road Transport (General) Regulation 3
2005 (as it was then named), 4
(b) STM Reg is a reference to the Road Transport (Safety and Traffic 5
Management) Regulation 1999. 6
Part 2 Road transport legislation 7
Division 1 Database of declarations and orders 8
4 Information to be maintained on database of declarations and orders (cf 9
Gen Reg, cl 4) 10
For the purposes of the database referred to in section 22 (1) of the Act, 11
the Authority is: 12
(a) to include in the database: 13
(i) a copy of the complete text of each declaration or order 14
made under Division 2 of Part 1.3 of the Act as soon as is 15
reasonably practicable after its making, and 16
(ii) information concerning the dates on which any such 17
declaration or order has effect or ceases to have effect, and 18
(b) to incorporate any amendment to any such declaration or order as 19
soon as is reasonably practicable after the amendment has effect. 20
5 Access to database (cf Gen Reg, cl 5) 21
(1) For the purposes of section 22 (3) of the Act, the Authority is to give 22
access to information on the database to a member of the public only if 23
the person pays the access fee prescribed by Schedule 1. 24
(2) The Authority may waive the fee referred in subclause (1) if it is 25
satisfied that the payment of the fee would result in undue hardship to 26
the person seeking access to information. 27
Division 2 Special service requirements 28
6 Service of notices on persons under driver licensing law (cf Gen Reg, cl 6) 29
(1) For the purposes of sections 276 (3) and 277 (2) of the Act, the 30
provisions of this clause set out the only manner in which a notice under 31
the driver licensing law may be given or served. 32
(2) The Authority may give or serve a notice under the driver licensing law 33
on a person by sending the notice by post or by some other means to the 34
person's last known home address, or the address for service of notices 35
(if any) recorded in the NSW driver licence register. 36
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(3) The date on which a person is taken to have been given or served with 1
a notice under the Road Transport (Driver Licensing) Regulation 2008 2
or a notice under section 54 (2) of the Act is: 3
(a) if the notice is sent by mail--the fourth working day after the 4
notice was posted, or 5
(b) if the notice is delivered to the person personally--the date when 6
it is so delivered. 7
(4) If a person's home address or address for service of notices is in another 8
jurisdiction, the Authority may request the driver licensing authority of 9
another jurisdiction to act on its behalf in giving or serving a notice on 10
the person or in performing any other act that the Authority could 11
lawfully perform in this jurisdiction. 12
(5) If the Authority receives a request under a provision of the 13
corresponding driver law of another jurisdiction that corresponds with 14
subclause (4), it may act on behalf of the driver licensing authority of 15
that jurisdiction accordingly. 16
(6) A notice given for the purposes of clause 58 of the Road Transport 17
(Driver Licensing) Regulation 2008 may only be given personally. 18
(7) If it is provided in the Road Transport (Driver Licensing) Regulation 19
2008 that any notification, document or thing must be forwarded, 20
surrendered or delivered to the Authority, it is sufficient compliance 21
with any such provision if the notification, document or thing is 22
forwarded or surrendered to or delivered at a motor registry within the 23
time prescribed by that Regulation. 24
7 Service of notices on registered operators and delivery of things to 25
Authority under vehicle registration law (cf Gen Reg, cl 7) 26
(1) For the purposes of sections 276 (3) and 277 (2) of the Act, the 27
provisions of this clause set out the only manner in which a notice under 28
the vehicle registration law may be given or served on the registered 29
operator of a registrable vehicle. 30
(2) The Authority may give or serve any notice under the vehicle 31
registration law on the registered operator of a registrable vehicle by 32
sending the notice by post or by some other means to the registered 33
operator's home address, or to the address for service of notices (if any) 34
recorded in the NSW registrable vehicles register in relation to the 35
vehicle. 36
(3) The date on which a registered operator is taken to have been given or 37
served with a notice under the Road Transport (Vehicle Registration) 38
Regulation 2007 is: 39
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Road Transport (General) Regulation 2013 Schedule 3
(a) if the notice is sent by mail--the fourth working day after the 1
notice was posted, or 2
(b) if the notice is delivered to the person personally--the date when 3
it is so delivered. 4
(4) If it is provided in the Road Transport (Vehicle Registration) 5
Regulation 2007 that any notification, document or thing must be 6
forwarded, surrendered or delivered to the Authority, it is sufficient 7
compliance with any such provision if the notification, document or 8
thing is forwarded or surrendered to or delivered at a motor registry 9
within the time prescribed by that Regulation. 10
(5) In this clause: 11
vehicle registration law means: 12
(a) Chapter 4 of the Act, and 13
(b) the Road Transport (Vehicle Registration) Regulation 2007. 14
8 Notices to unincorporated associations in connection with mobility 15
parking scheme authorities (cf Gen Reg, cl 8) 16
The Authority may give a notice to, or serve a notice on, an 17
unincorporated association of persons under the provisions of 18
Division 2 of Part 6 by sending the notice by post or by some other 19
means to the address for service of the association that is specified in its 20
application form for a mobility parking scheme authority or 21
subsequently notified to the Authority. 22
Division 3 Operation of inconsistent legislation 23
9 Royal Botanic Gardens and Domain Trust Act 1980 (cf Gen Reg, cl 9) 24
For the purposes of section 14 (5) of the Act, any provision of the Royal 25
Botanic Gardens and Domain Trust Act 1980 (or any regulation made 26
under that Act) in respect of parking on Trust lands within the meaning 27
of that Act prevails over any inconsistent provision of the road transport 28
legislation concerning parking. 29
10 Local Government Act 1993 (cf Gen Reg, cl 10) 30
For the purposes of section 14 (5) of the Act, any provision of the Local 31
Government Act 1993 (or any regulation made under that Act) in respect 32
of the use of skating equipment on public land (within the meaning of 33
that Act) prevails over any inconsistent provision of the road transport 34
legislation concerning the use of such equipment. 35
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Part 3 Safety and traffic management 1
Division 1 Responsibility for certain vehicle use 2
11 Causing, permitting or allowing certain 4.5 tonne vehicles and 3
combinations to be driven in excess of 100 kilometres per hour (cf STM 4
Reg, cl 38) 5
(1) A person (other than a driver) must not cause, permit or allow a vehicle 6
with a GVM over 4.5 tonnes or a vehicle and trailer combination with a 7
GCM over 4.5 tonnes to be driven on a road at a speed in excess of 8
100 kilometres per hour. 9
Maximum penalty: 10
(a) in the case of a vehicle that is a heavy motor vehicle (within the 11
meaning of rule 10-2 of the Road Rules 2008) or coach-- 12
30 penalty units, or 13
(b) in any other case--20 penalty units. 14
Note. A driver who drives such vehicles in excess of 100 kilometres per hour 15
will commit an offence against rule 20 of the Road Rules 2008. See also 16
rules 21 (2) and 25 (3) (a) of those Rules. 17
(2) In this clause: 18
vehicle, trailer and combination have the same meanings as in the Road 19
Rules 2008. 20
12 Use of vehicle that drops waste oil or grease (cf STM Reg, cl 43) 21
The responsible person for a motor vehicle or trailer (other than the 22
driver) must not cause, permit or allow or fail to take reasonable 23
precautions to prevent a contravention of rule 291-2 of the Road Rules 24
2008. 25
Maximum penalty: 20 penalty units. 26
Note. Rule 291-2 of the Road Rules 2008 provides that the driver of a motor 27
vehicle or trailer must not drive the vehicle without adequate precautions being 28
taken to prevent waste oil or grease from the machinery, or from any other part, 29
of the vehicle from dropping on the roadway. 30
13 Use of motor bike sidecars (cf STM Reg, cl 47) 31
(1) The responsible person for a motor bike that is ridden with a passenger 32
in a sidecar must not cause, permit or allow or fail to take reasonable 33
precautions to prevent a contravention of rule 271 of the Road Rules 34
2008 in relation to how persons travel in the sidecar. 35
Maximum penalty: 20 penalty units. 36
Note. Rule 271 of the Road Rules 2008 provides for how persons are to ride 37
motor bikes and travel in sidecars. 38
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(2) Subclause (1) does not apply to the rider of a motor bike or a passenger 1
in a sidecar. 2
14 Number of vehicles that may be drawn together (cf STM Reg, cl 48) 3
A person (other than a driver) must not cause or permit a vehicle to be 4
driven in contravention of rule 294-1 (1) of the Road Rules 2008. 5
Maximum penalty: 20 penalty units. 6
Note. Rule 294-1 of the Road Rules 2008 provides that (subject to certain 7
exceptions) a driver must not drive any of the following vehicles unless written 8
permission is first obtained from the Commissioner of Police and all conditions 9
of the permission are strictly complied with: 10
(a) an articulated vehicle towing any motor vehicle, trailer or other vehicle, 11
(b) any other motor vehicle towing more than one motor vehicle, trailer or 12
other vehicle. 13
15 Use of lights on vehicles generally (cf STM Reg, cl 55) 14
A person (other than a driver) must not cause or permit a light or other 15
device fitted to a vehicle to be used in contravention of rule 218-1 of the 16
Road Rules 2008. 17
Maximum penalty: 20 penalty units. 18
Note. A driver who uses a light or other device fitted to the driver's vehicle in 19
contravention of rule 218-1 of the Road Rules 2008 will also commit an offence 20
against that rule. 21
16 Use of crimson flashing warning lights on certain council vehicles (cf 22
STM Reg, cl 56) 23
(1) A person (other than a driver) must not cause or permit any crimson 24
flashing warning light permitted to be fixed to a motor vehicle by 25
clause 124 (4)-(9) of Schedule 2 to the Road Transport (Vehicle 26
Registration) Regulation 2007 to be used unless the vehicle is being 27
used by an employee of a council for the purposes of enforcing excess 28
weight limits legislation. 29
Maximum penalty: 20 penalty units. 30
Note. See rule 221-1 (1) of the Road Rules 2008 for the corresponding offence 31
in relation to drivers. 32
(2) In this clause: 33
excess weight limits legislation means any of the following: 34
(a) Chapter 3 of the Road Transport (Vehicle and Driver 35
Management) Act 2005, 36
(b) the Road Transport (Mass, Loading and Access) Regulation 37
2005. 38
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17 Use of lights on stationary vehicles (cf STM Reg, cl 58) 1
(1) A person (other than a driver) must not cause or permit a motor vehicle 2
or trailer to stand on a road during a period of darkness unless the rear 3
light and any clearance or side marker light required to be fitted to the 4
vehicle by Schedule 2 to the Road Transport (Vehicle Registration) 5
Regulation 2007 are lighted. 6
Maximum penalty: 20 penalty units. 7
Note. See rule 220-1 (1) of the Road Rules 2008 for the corresponding offence 8
in relation to drivers of motor vehicles. 9
(2) Subclause (1) does not apply to the standing of a vehicle on a length of 10
road with street lighting that renders a motor vehicle or trailer clearly 11
visible. 12
(3) A person (other than a driver) must not cause or permit a motor vehicle 13
to stand on a road during a period of darkness with its headlight lighted 14
while the vehicle is not actually engaged in dropping off, or picking up, 15
passengers. 16
Maximum penalty: 20 penalty units. 17
Note. See rule 220-1 (3) of the Road Rules 2008 for the corresponding offence 18
in relation to drivers of motor vehicles. 19
(4) In this clause: 20
period of darkness has the same meaning as in the Road Rules 2008. 21
18 Carriage of dangerous goods in prohibited areas (cf STM Reg, cl 59) 22
(1) A person (other than a driver) must not cause, permit or allow the use of 23
a dangerous goods transporter on or in any prohibited area. 24
Maximum penalty: 20 penalty units. 25
Note. Rule 300-2 of the Road Rules 2008 provides that the driver of a 26
dangerous goods transporter must not use the vehicle on or in certain prohibited 27
areas. 28
(2) The Commissioner of Police may issue a permit (whether with or 29
without conditions) authorising a dangerous goods transporter to be 30
used in a prohibited area. 31
(3) A person does not commit an offence against subclause (1) if the 32
dangerous goods transporter is: 33
(a) displaying a permit issued under subclause (2) authorising it to be 34
used in the prohibited area concerned, and 35
(b) used in accordance with any conditions on which the permit was 36
issued. 37
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(4) The holder of a permit issued under subclause (2) who, without lawful 1
excuse, contravenes a condition of the permit is guilty of an offence. 2
Maximum penalty: 20 penalty units. 3
(5) Terms or expressions used in this clause that are defined for the 4
purposes of rule 300-2 of the Road Rules 2008 have the same meanings 5
as in that rule. 6
19 Use of lengthy vehicles in central Sydney and on certain other roads (cf 7
STM Reg, cl 87) 8
(1) A person (other than a driver) must not cause or permit a lengthy vehicle 9
to be driven in contravention of rule 300-3 of the Road Rules 2008. 10
Maximum penalty: 20 penalty units. 11
Note. Rule 300-3 of the Road Rules 2008 provides that the driver of a lengthy 12
vehicle must not, unless written permission is first obtained from the Authority 13
and all the conditions of the permission are strictly complied with, drive the 14
vehicle during certain times on weekdays in specified parts of central Sydney 15
and other roads. 16
(2) In this clause, lengthy vehicle has the same meaning as in rule 300-3 of 17
the Road Rules 2008. 18
20 Prohibition on car minding (cf STM Reg, cl 89) 19
(1) The Commissioner of Police may, by written notice served on a person, 20
prohibit the person from: 21
(a) parking, minding, caring for, or taking charge of any motor 22
vehicle or trailer (other than a motor vehicle or trailer of which 23
the person is the driver) on any road, or 24
(b) offering his or her services for any such purpose. 25
(2) A person on whom a notice under subclause (1) has been served must 26
comply with any prohibition in the notice. 27
Maximum penalty: 20 penalty units. 28
(3) Nothing in this clause authorises the Commissioner of Police: 29
(a) to prohibit the proprietor of a parking station or parking area from 30
parking, minding, caring for, or taking charge of a motor vehicle 31
or trailer in or on any parking station or parking area, or 32
(b) to prohibit the proprietor of a parking station or parking area from 33
offering the proprietor's services for any such purpose, 34
whether by the display or publication of any advertisement in relation 35
to the parking station or parking area or otherwise and whether the 36
services are performed or offered to be performed by the proprietor or 37
by an employee of the proprietor. 38
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21 Inspection of driver licences by responsible persons (cf STM Reg, cl 90) 1
The responsible person for or the person in charge of a motor vehicle 2
must, before permitting any other person to drive the vehicle, cause the 3
driver licence issued to the person to be produced to the responsible 4
person or person in charge and inspect the licence. 5
Maximum penalty: 20 penalty units. 6
Note. Rule 300-5 of the Road Rules 2008 makes it an offence for the driver of 7
a motor vehicle not to carry his or her driver licence. 8
22 Responsible person's consent (cf STM Reg, cl 91) 9
The person in charge of a motor vehicle or trailer on a road must not 10
permit any person to drive or use the vehicle without the consent of the 11
responsible person for the vehicle. 12
Maximum penalty: 20 penalty units. 13
23 Parents not to cause or permit children to drive on roads (cf STM Reg, 14
cl 92) 15
(1) Any parent of a child must not cause or permit the child to drive a motor 16
vehicle on a road. 17
Maximum penalty: 20 penalty units. 18
(2) Subclause (1) does not apply to a parent of a child if the Authority: 19
(a) has granted a driver licence to the child under the Act, or 20
(b) has issued a learner licence to the child under the Act. 21
(3) In this clause: 22
child means a person who has not attained the age of 16 years and 9 23
months. 24
parent of a child includes a person having parental responsibility 25
(within the meaning of the Children and Young Persons (Care and 26
Protection) Act 1998) for the child. 27
24 School buses (cf STM Reg, cl 93) 28
(1) The owner of a bus must, before permitting any person to drive the bus 29
for school purposes: 30
(a) attach to the bus 2 signs complying with subclause (2), or 31
(b) provide for use by the driver 2 signs complying with subclause 32
(2) and the means of attaching the signs to the bus. 33
Maximum penalty: 20 penalty units. 34
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Road Transport (General) Regulation 2013 Schedule 3
(2) The signs referred to in subclause (1) must contain the words "School 1
Bus" in block letters: 2
(a) not less than: 3
(i) 100 millimetres high in the case of the sign to be displayed 4
at the front of a bus, and 5
(ii) 120 millimetres high in the case of the sign to be displayed 6
at the rear of a bus, and 7
(b) in black lettering on a fluorescent yellow background. 8
(3) In this clause, a reference to drive a bus for school purposes is a 9
reference to the driving of a bus that: 10
(a) is being used solely or principally for the conveyance of children 11
to or from school, and 12
(b) is being so used on a journey wholly outside a transport district 13
(within the meaning of the Transport Administration Act 1988). 14
(4) This clause does not apply to a vehicle that is operated in accordance 15
with clause 25. 16
25 Warning signs and lights for school buses (cf STM Reg, cl 94) 17
(1) The owner of a bus must not permit any person to drive the bus for 18
school purposes on a road unless a warning system is attached to the 19
bus. 20
Maximum penalty: 20 penalty units. 21
(2) This clause does not apply to a bus: 22
(a) that is operating on charter for a school excursion or being used 23
for community service activities, and 24
(b) where no individual fares are being directly collected or school 25
passes used. 26
(3) This clause does not apply to the owner of a bus whom the Authority 27
exempts from compliance with this clause. 28
(4) The Authority is to make any technical specification approved for the 29
purposes of this clause available on request. 30
(5) For the purposes of this clause, a bus is driven or used for school 31
purposes if: 32
(a) it is being used to convey children (whether with or without adult 33
passengers) to or from school: 34
(i) between 7.00 am and 9.30 am on a weekday, or 35
(ii) between 2.30 pm and 5.00 pm on a weekday, or 36
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(b) it is used solely for the purpose of conveying children to or from 1
school. 2
(6) In this clause: 3
warning system means a system of signs and flashing lights that is 4
designed to warn motorists of the presence of children on a bus and that 5
complies with the requirements of the technical specification approved 6
by the Authority from time to time for the purposes of this clause. 7
26 Safety provisions for buses first registered on or after 1 August 1997 (cf 8
STM Reg, cl 95) 9
(1) This clause applies to any bus used by an accredited service operator to 10
operate any regular passenger service within the meaning of the 11
Passenger Transport Act 1990 and first registered on or after 1 August 12
1997. 13
(2) The owner of a bus must not permit any person to drive the bus on a road 14
unless the bus is fitted with: 15
(a) a bus door safety system, and 16
(b) safety padding, and 17
(c) a field of view system. 18
Maximum penalty: 20 penalty units. 19
(3) A person must not drive a bus on a road unless the bus is fitted with: 20
(a) a bus door safety system, and 21
(b) safety padding, and 22
(c) a field of view system. 23
Maximum penalty: 20 penalty units. 24
(4) A requirement of subclause (2) or (3) does not apply: 25
(a) to the owner of a bus whom the Authority exempts in writing 26
from compliance with the requirement, and 27
(b) to the driver of a bus, the owner of which has been exempted 28
under paragraph (a). 29
(5) The Authority is to make any technical specification approved for the 30
purposes of this clause available on request. 31
(6) In this clause: 32
bus door safety system means a bus door system installed on a bus that: 33
(a) is designed to prevent, without driver intervention, entrapment of 34
persons by the closing of the doors, and 35
(b) complies with the requirements of any technical specification 36
approved by the Authority for the purposes of this clause. 37
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field of view system means a system installed on a bus that: 1
(a) provides the driver of the bus with an adequate view of the 2
doorways of the bus, and 3
(b) complies with the requirements of the technical specification 4
approved by the Authority for the purposes of this clause. 5
safety padding means padding that: 6
(a) is affixed to handrails, the top and back of seats, and partitions on 7
buses, including raised items that are part of, or are affixed to, 8
seats and partitions, and 9
(b) complies with the requirements of the technical specification 10
approved by the Authority for the purposes of this clause. 11
27 Door requirements for buses registered before 1 August 1997 (cf STM 12
Reg, cl 96) 13
(1) This clause applies to buses fitted with driver controlled doors and first 14
registered before 1 August 1997. 15
(2) The owner of a bus to which this clause applies must not permit a person 16
to drive a bus on a road unless the steady force applied to any object 17
located up to 1,500 millimetres above the door step when the door of the 18
bus is closing does not exceed 150 newtons when measured between 19
20 millimetres and 300 millimetres from the door's fully closed 20
position. 21
Maximum penalty: 20 penalty units. 22
(3) A person must not drive a bus to which this clause applies on a road 23
unless the steady force applied to any object located up to 24
1,500 millimetres above the door step when the door of the bus is 25
closing does not exceed 150 newtons when measured between 26
20 millimetres and 300 millimetres from the door's fully closed 27
position. 28
Maximum penalty: 20 penalty units. 29
(4) Despite subclauses (2) and (3), the steady force applied to any object 30
located up to 1,500 millimetres above the door step when the door of the 31
bus is closing may, if a steady force of 150 newtons results in the door 32
not working properly, be increased to a steady force that enables the 33
door to work properly. However, it must not, in any case, be increased 34
to more than 400 newtons. 35
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Division 2 Alcohol and other drug use 1
28 Substances prescribed as drugs for the purposes of the definition of 2
"drug" in section 4 (1) of Act (cf STM Reg, cl 127) 3
For the purposes of paragraph (c) of the definition of drug in 4
section 4 (1) of the Act, the following are prescribed as drugs: 5
(a) substances listed in Schedule 3, and 6
(b) substances that are salts, isomers, esters or ethers of any of the 7
substances so listed or that are salts of those isomers, esters or 8
ethers. 9
29 Premises, institutions and establishments prescribed for the purposes 10
of Schedule 3 to Act (cf STM Reg, cl 128) 11
Each of the following premises, institutions and establishments are 12
prescribed as hospitals for the purposes of Division 4 of Part 2 of 13
Schedule 3 to the Act and as places to which samples may be taken 14
under Schedule 3 to the Act as referred to in the definition of prescribed 15
place in clause 1 (1) of that Schedule: 16
(a) the following premises, institutions or establishments of the 17
Royal Australian Air Force: 18
(i) Medical Section, No. 1 Central Ammunition Depot, 19
Kingswood, 20
(ii) No. 3 RAAF Hospital, RAAF Base, Richmond, 21
(iii) Base Medical Flight, RAAF Base, Williamtown, 22
(b) the 7th Camp Hospital, Kapooka, of the Australian Army, 23
(c) the following premises, institutions or establishments of the 24
Royal Australian Navy: 25
(i) Naval Hospital, HMAS Penguin, Balmoral, 26
(ii) Sick Bay, HMAS Harman, Canberra, ACT, 27
(iii) Sick Bay, HMAS Kuttabul, Garden Island, 28
(iv) Sick Bay, HMAS Creswell, Jervis Bay, ACT, 29
(v) Naval Hospital, HMAS Albatross, Nowra, 30
(vi) Sick Bay, HMAS Watson, Watson's Bay, 31
(vii) Sick Bay, HMAS Waterhen, Waverton. 32
30 Analysis of oral fluid, blood and urine samples--prescribed laboratory 33
(cf STM Reg, cl 129) 34
For the purposes of clause 22 and Part 4 of Schedule 3 to the Act, the 35
laboratory at Lidcombe of the NSW Forensic & Analytical Science 36
Service is prescribed. 37
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31 Standards for approved oral fluid analysing instruments and testing 1
devices (cf STM Reg, cl 130B) 2
(1) For the purposes of the definition of approved oral fluid analysing 3
instrument in clause 1 (1) of Schedule 3 to the Act, the following 4
standard is prescribed: 5
The instrument (when calibrated and operated properly) must be 6
capable of confirming the presence of a prescribed illicit drug in a 7
sample of oral fluid where the concentration of the drug in the fluid is 8
25 nanograms per millilitre or greater. 9
(2) For the purposes of the definition of approved oral fluid testing device 10
in clause 1 (1) of Schedule 3 to the Act, the following standard is 11
prescribed: 12
The device (when calibrated and operated properly) must be capable of 13
indicating the presence of a prescribed illicit drug in oral fluid being 14
tested where the concentration of the drug in the fluid is 150 nanograms 15
per millilitre or greater. 16
Division 3 Prescribed traffic control devices 17
32 Devices that are prescribed for the purposes of section 121 of Act (cf 18
STM Reg, cl 131) 19
(1) For the purposes of the definition of prescribed traffic control device in 20
section 121 of the Act, the following traffic control devices are 21
prescribed: 22
(a) any traffic control device of a kind mentioned in the Road Rules 23
2008 that has effect for the Rules under rule 315 of the Rules, 24
Note. See also rules 316-318 of the Road Rules 2008. 25
(b) any word, figure, symbol or anything else used on or with a traffic 26
control device referred to in paragraph (a), 27
(c) any pay parking device, parking meter or parking ticket machine. 28
(2) In this clause: 29
traffic control device has the same meaning as it has in the Road Rules 30
2008. 31
Note. The Road Rules 2008 define traffic control devices to mean traffic signs, 32
road markings, traffic signals, or other devices, to direct or warn traffic on, 33
entering or leaving a road. 34
33 Offence--preventing traffic control device from being clearly observed 35
(cf STM Reg, cl 132 (1) and (2)) 36
(1) A person must not (except with the approval of the Authority) place or 37
cause to be placed any matter or thing in such a position as to prevent or 38
be likely to prevent any prescribed traffic control device (within the 39
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meaning of section 121 of the Act) from being clearly observed by the 1
driver of any motor vehicle approaching the device along a portion of a 2
road in respect of which the device is installed or displayed. 3
Maximum penalty: 20 penalty units. 4
Note. Section 123 of the Act also makes it an offence for a person to install or 5
display (or interfere with, alter or remove) any prescribed traffic control device 6
without appropriate authority. 7
(2) If the Authority or a police officer directs a person who has contravened 8
subclause (1) to remove immediately the matter or thing concerned, the 9
person must comply with the direction. 10
Maximum penalty: 20 penalty units. 11
34 Offence--displaying "do not overtake turning vehicle sign" on vehicles 12
less than 7.5 metres long (cf STM Reg, cl 132 (3)) 13
A person (other than a driver) must not cause or permit a motor vehicle 14
to be driven on a road that has exhibited on the rear of the vehicle, or on 15
the rear of a trailer that is attached to the vehicle, a do not overtake 16
turning vehicle sign (as referred to in the Road Rules 2008) unless the 17
vehicle is, or the vehicle and trailer together are, 7.5 metres long or 18
longer. 19
Maximum penalty: 20 penalty units. 20
Note. Rule 316-2 of the Road Rules 2008 provides that a driver must not drive 21
a motor vehicle if a do not overtake turning vehicle sign is displayed on the rear 22
of the vehicle or on the rear of a trailer that is attached to the vehicle unless the 23
vehicle is, or the vehicle and trailer together are, 7.5 metres long or longer. 24
Division 4 Approved traffic enforcement devices 25
35 Testing and security indicators for approved traffic enforcement 26
devices (cf STM Reg, cll 156, 156A, 156B and 156D) 27
(1) For the purposes of section 137 (b) of the Act: 28
(a) an approved traffic enforcement device that is approved for speed 29
measurement and is a radar based device of a kind to which the 30
Australian Standard entitled AS 2898.1--2003, Radar speed 31
detection--Functional requirements and definitions applies must 32
be tested for accuracy and functional requirements in accordance 33
with that Standard, and 34
(b) any other approved traffic enforcement devices that are approved 35
for speed measurement must be tested for accuracy and 36
functional requirements in accordance with the manufacturer's 37
recommended calibration method as approved by the 38
Commissioner of Police or (in the case only of a device that is 39
used in conjunction with, or forms part of, a digital camera 40
device) by the Authority, and 41
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(c) the prescribed period is 12 months. 1
(2) Each of the following is prescribed as a security indicator for the 2
purposes of section 138 (1) of the Act: 3
(a) a series of 32 characters produced by an MD5 algorithm, 4
(b) a series of 48 characters of which 32 characters have been 5
produced by an MD5 algorithm, 6
(c) a series of 40 characters produced by a SHA-1 algorithm, 7
(d) a series of 56 characters produced by a SHA-224 algorithm, 8
(e) a series of 64 characters produced by a SHA-256 algorithm, 9
(f) a series of 96 characters produced by a SHA-384 algorithm, 10
(g) a series of 128 characters produced by a SHA-512 algorithm. 11
(3) The prescribed period for the purposes of section 138 (2) (b) of the Act 12
is 30 days. 13
(4) For the purposes of this clause, character includes a letter, number or 14
symbol. 15
36 Public transport lane offences (cf STM Reg, cl 156C) 16
For the purposes of paragraph (b) of the definition of public transport 17
lane offence in section 135 (1) of the Act, the following offences are 18
prescribed: 19
(a) rule 154 (1) of the Road Rules 2008, 20
(b) rule 157-1 of the Road Rules 2008. 21
Division 5 Child safety 22
37 Schemes to assist children to cross roads (cf STM Reg, cl 138) 23
(1) The Authority may: 24
(a) from time to time give authorities for schemes (authorised 25
children's crossing schemes) designed to assist children to cross 26
roads with safety to be conducted by persons who are desirous of 27
taking part in such schemes and are referred to in such 28
authorities, and 29
(b) authorise any person or class of persons by whom such schemes 30
may be conducted to exercise and discharge for the purposes of 31
such schemes the functions specified in such authorities, and 32
(c) at any time revoke any such authority. 33
(2) Each authorised children's crossing scheme comes into force on the 34
date specified in the authority for the scheme. 35
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(3) Any authorised children's crossing scheme in force under this clause 1
may from time to time be amended or replaced by a subsequent scheme 2
authorised in like manner. 3
(4) Any person taking part in the carrying out of any authorised children's 4
crossing scheme must: 5
(a) have attained the age of 18 years, and 6
(b) wear any safety vest issued to him or her by the Authority. 7
(5) For the purpose of carrying out any authorised children's crossing 8
scheme, when children are about to use or are on a crossing, any person 9
authorised in that behalf by the Authority: 10
(a) may cause to be exhibited at or near the crossing, on each side of 11
the roadway, a hand-held stop sign, or 12
(b) cause a barrier to be placed on each side of the crossing across or 13
partly across the roadway. 14
(6) A barrier referred to in subclause (5) (b): 15
(a) must be so placed that it is parallel to the crossing and is on that 16
side of the crossing that is nearer to approaching traffic, and 17
(b) must be of a type approved by the Authority and must have 18
affixed to it a stop sign in or to the effect of a hand-held stop sign, 19
and 20
(c) must be so constructed that when it is placed in position on the 21
roadway any stop sign affixed to it will face and be clearly visible 22
to the driver of any motor vehicle approaching the crossing on the 23
side of the roadway where the barrier is situated. 24
(7) In any proceedings in any court, evidence that a hand-held stop sign was 25
exhibited, as prescribed by this clause, by a person at or near a crossing 26
when children were about to use, or were on, any portion of the 27
crossing, is admissible and is prima facie evidence that the exhibition of 28
the sign by such person was authorised. 29
(8) In this clause: 30
crossing means a children's crossing within the meaning of rule 80 of 31
the Road Rules 2008 or a pedestrian crossing within the meaning of 32
rule 81 of the Road Rules 2008. 33
hand-held stop sign is a traffic sign of the kind referred to in rule 80 of 34
the Road Rules 2008. 35
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Division 6 Seizure of certain vehicles 1
Subdivision 1 Interpretation 2
38 Definitions (cf STM Reg, cl 144) 3
In this Division: 4
designated road means any of the following roads (or portions of roads) 5
in Kings Cross in the City of Sydney: 6
(a) Amos Lane, 7
(b) Barncleuth Square, 8
(c) Bayswater Road, between Ward Avenue and Roslyn Street, 9
(d) Brougham Street, 10
(e) Earl Place, 11
(f) Hughes Street, 12
(g) Kings Cross Road, 13
(h) Manning Street, 14
(i) McDonald Street, 15
(j) Orwell Street, 16
(k) Rockwall Crescent, 17
(l) Tusculum Street, 18
(m) Victoria Street. 19
enforcement officer means the general manager of the Council of the 20
City of Sydney or an employee of that Council authorised by the general 21
manager to be an enforcement officer for the purposes of Subdivision 3. 22
general manager means the general manager of the Council of the City 23
of Sydney. 24
officer-in-charge means the officer-in-charge of the place at which the 25
vehicle is kept or impounded under Subdivision 2. 26
Subdivision 2 Seizure of vehicles by police officers 27
39 When police officers may seize motor vehicles or trailers (cf STM Reg, 28
cl 145) 29
(1) A police officer may seize and take charge of, and remove or tow away 30
or cause to be removed or towed away, any motor vehicle or trailer: 31
(a) that is a danger or unreasonable obstruction to traffic, or 32
(b) that has been abandoned on a road, or 33
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(c) that has been caused or permitted to be used contrary to law on 1
any part of a road in which is conspicuously displayed a sign 2
exhibiting or including the words "tow away area" or "vehicles 3
impounded" or other words indicating that the vehicle is subject 4
to seizure. 5
(2) Before seizing a motor vehicle or trailer, the police officer must: 6
(a) if no person is in charge of the vehicle--make reasonable inquiry 7
for the purpose of locating the responsible person for or driver of 8
the vehicle, and 9
(b) if on such inquiry the responsible person for or driver of the 10
vehicle is located--request the responsible person for the vehicle 11
or driver to remove the vehicle or cause it to be removed 12
immediately and give the responsible person or driver a 13
reasonable opportunity to comply with the request, and 14
(c) if any person is in charge of the vehicle--request the person to 15
remove the vehicle or cause it to be removed immediately and 16
give the person a reasonable opportunity to comply with the 17
request. 18
(3) The inquiry referred to in subclause (2) (a) must be made in the vicinity 19
of the place where the vehicle is found. However, nothing in that 20
paragraph authorises or requires a police officer to enter any building 21
for the purpose of the inquiry. 22
40 Where seized vehicle to be kept (cf STM Reg, cl 146) 23
Any motor vehicle or trailer so removed or towed away may be kept or 24
impounded at any place appointed or set apart by the Commissioner of 25
Police for the purpose. 26
41 Commissioner of Police to notify responsible person of seizure (cf STM 27
Reg, cl 147) 28
On seizure of a motor vehicle or trailer under this Subdivision, the 29
Commissioner of Police must: 30
(a) if the name and address of the responsible person for the vehicle 31
are recorded at the office of the Authority in respect of the 32
registration (if any) of the vehicle--send or cause to be sent to 33
such person a notice setting out particulars of the time, date and 34
place of the seizure and the place where the vehicle is kept or 35
impounded within a period of 14 days after the seizure, or 36
(b) if the name and address of the responsible person for the vehicle 37
are not so recorded: 38
(i) if the responsible person for the vehicle can, after 39
reasonable inquiry, be located--send or cause to be sent to 40
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the responsible person a notice setting out the particulars 1
referred to in paragraph (a) within a period of 14 days after 2
the seizure, or 3
(ii) if the responsible person for the vehicle cannot, after 4
reasonable inquiry, be located--cause a notice setting out 5
the like particulars referred to in paragraph (a) to be 6
published in a newspaper circulating in the area in which 7
the vehicle is seized. 8
42 Conditions for release of a seized vehicle (cf STM Reg, cl 148) 9
(1) Except in the case of a motor vehicle or trailer that is dealt with under 10
subclause (2), the following conditions are to be observed before the 11
release of a motor vehicle or trailer kept or impounded under this 12
Subdivision: 13
(a) application for the release must be made by the responsible 14
person for the motor vehicle or trailer or by a person acting for or 15
on behalf of the responsible person to an officer-in-charge, 16
(b) the applicant must furnish evidence as to the responsible person 17
for the motor vehicle or trailer to the satisfaction of the 18
officer-in-charge, 19
(c) the motor vehicle or trailer must not be released from custody 20
unless: 21
(i) the officer-in-charge is satisfied that the applicant is the 22
responsible person for the motor vehicle or trailer or that 23
the applicant possesses authority to act for or on behalf of 24
the responsible person, and 25
(ii) the appropriate amount fixed by the Commissioner of 26
Police as the amount payable in respect of the seizure, 27
taking charge of, removal, towing away, keeping, 28
impounding or releasing of the motor vehicle or trailer has 29
been paid to the officer-in-charge, and 30
(iii) the applicant has signed a receipt for the delivery of the 31
motor vehicle or trailer on a form supplied to the applicant 32
by the officer-in-charge. 33
(2) If, within a period of 3 months after the date on which the motor vehicle 34
or trailer has been seized, the responsible person has failed to claim the 35
motor vehicle or trailer and to pay the amount referred to in 36
subclause (1) (c) (ii), the motor vehicle or trailer may, after the 37
expiration of the period, be disposed of or destroyed in accordance with 38
the directions of the Commissioner of Police. 39
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Subdivision 3 Seizure of vehicles by council employees in 1
Kings Cross area 2
43 When council employees may seize motor vehicles or trailers (cf STM 3
Reg, cl 149) 4
(1) An enforcement officer may seize and take charge of, and remove or 5
tow away or cause to be removed or towed away, any motor vehicle or 6
trailer that has been caused or permitted to be used contrary to law in 7
any part of a designated road in which is conspicuously displayed a sign 8
exhibiting or including the words "tow away area" or "vehicles 9
impounded" or other words indicating that the vehicle is subject to 10
seizure. 11
(2) Before seizing a motor vehicle or trailer, the enforcement officer must: 12
(a) if no person is in charge of the vehicle--make reasonable inquiry 13
for the purpose of locating the responsible person for or driver of 14
the vehicle, and 15
(b) if on such inquiry the responsible person for or driver of the 16
vehicle is located--request the responsible person for the vehicle 17
or driver to remove the vehicle or cause it to be removed 18
immediately and give the responsible person or driver a 19
reasonable opportunity to comply with the request, and 20
(c) if any person is in charge of the vehicle--request the person to 21
remove the vehicle or cause it to be removed immediately and 22
give the person a reasonable opportunity to comply with the 23
request. 24
(3) The inquiry referred to in subclause (2) (a) is to be made in the vicinity 25
of the place where the vehicle is found. However, nothing in that 26
paragraph authorises or requires an enforcement officer to enter any 27
building for the purpose of the inquiry. 28
44 Where seized vehicle to be kept (cf STM Reg, cl 150) 29
Any motor vehicle or trailer so removed or towed away may be kept or 30
impounded at any place appointed or set apart by the Commissioner of 31
Police for the purpose. 32
45 Enforcement officer to notify Authority (cf STM Reg, cl 151) 33
(1) As soon as practicable after the seizure of a motor vehicle or trailer, the 34
enforcement officer must: 35
(a) give the Authority notice of the seizure containing a description 36
of the vehicle to which it relates (including particulars on any 37
registration label and number-plate attached to the vehicle and 38
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any identification number stamped on or applied to the engine), 1
and 2
(b) request the Authority to supply to the enforcement officer any 3
particulars known or available to the Authority of the name and 4
address of the responsible person for the vehicle. 5
(2) The Authority is to give the enforcement officer the requested 6
particulars within 3 business days after receipt of the notice. 7
46 Enforcement officer to notify responsible person of seizure (cf STM Reg, 8
cl 152) 9
(1) If the name and address of the responsible person for the vehicle are 10
supplied by the Authority, the enforcement officer must, within a period 11
of 14 days after the seizure, send or cause to be sent to the responsible 12
person a notice setting out particulars of the time, date and place of the 13
seizure and the place where the vehicle is kept or impounded. 14
(2) If the name and address of the responsible person for the vehicle are not 15
so supplied, the enforcement officer must: 16
(a) if the responsible person for the vehicle can, after reasonable 17
inquiry, be located--send or cause to be sent to the responsible 18
person a notice setting out the particulars set out in 19
clause 45 (1) (a) within a period of 14 days after the seizure, and 20
(b) if the responsible person for the vehicle cannot, after reasonable 21
inquiry, be located--cause a notice setting out those particulars 22
to be published in a newspaper circulating in the City of Sydney. 23
47 Applications for the release of seized vehicles (cf STM Reg, cl 153) 24
(1) Application for the release of a motor vehicle or trailer kept or 25
impounded under this Subdivision is to be made by the responsible 26
person for the motor vehicle or trailer or by a person acting for or on 27
behalf of the responsible person to the general manager at an office of 28
the Council of the City of Sydney during office hours on a business day. 29
(2) The application is to be dealt with by the general manager or by some 30
other enforcement officer designated by the general manager. 31
(3) The applicant is to furnish evidence as to the responsible person for the 32
motor vehicle or trailer to the satisfaction of the enforcement officer to 33
whom the application is made. 34
(4) The motor vehicle or trailer is not to be released from custody unless: 35
(a) the enforcement officer dealing with the application is satisfied 36
that the applicant is the responsible person for the motor vehicle 37
or trailer or that the applicant possesses authority to act for or on 38
behalf of the responsible person, and 39
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(b) any amount payable under a penalty notice served on the 1
responsible person in respect of an offence against this 2
Regulation of stopping or parking the motor vehicle or trailer (or 3
of causing or permitting the motor vehicle or trailer to stop, wait 4
or park) in that portion of the designated road from which the 5
motor vehicle or trailer was removed or towed away has been 6
paid, and 7
(c) the appropriate amount fixed by the Authority as the amount 8
payable in respect of the seizure, taking charge of, removal, 9
towing away, keeping, impounding or releasing of the motor 10
vehicle or trailer has been paid to the enforcement officer to 11
whom the application is made, and 12
(d) the applicant has signed a receipt for the delivery of the motor 13
vehicle or trailer on a form supplied to the applicant by the 14
enforcement officer to whom the application is made. 15
(5) If, within a period of 3 months after the date on which the motor vehicle 16
or trailer has been seized, the responsible person has failed to claim the 17
motor vehicle or trailer and to pay the appropriate amount, the motor 18
vehicle or trailer may, after the expiration of the period, be disposed of 19
or destroyed in accordance with the directions of the general manager 20
or the Council of the City of Sydney. 21
(6) For the purposes of subclause (4) (b), an amount is not to be taken to be 22
payable under a penalty notice unless the requirements of Part 3 of the 23
Fines Act 1996 have been complied with. 24
Division 7 Impounded vehicles 25
48 Impounding fee (cf Gen Reg, cl 36) 26
For the purposes of section 250 (1) of the Act, the prescribed fee for 27
storage of an impounded vehicle is the fee prescribed by Schedule 1. 28
49 Towing fee for impounded vehicles (cf Gen Reg, cl 37) 29
(1) A fee is payable to the Commissioner of Police by the responsible 30
person for a vehicle that is towed under section 239 or 242 of the Act, 31
except as otherwise provided by this clause. 32
(2) The fee payable is whichever is the lesser of the following: 33
(a) the actual cost of towing the vehicle, 34
(b) the maximum charge for the time being determined under 35
section 54 of the Tow Truck Industry Act 1998 (including any 36
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surcharge chargeable, in the circumstances of the case, in 1
accordance with a determination under that section) for: 2
(i) in the case of the Sydney metropolitan area--a 3
50-kilometre tow, or 4
(ii) in any other case--a 100-kilometre tow. 5
(3) A fee is not payable under this clause (and if paid, is refundable) unless: 6
(a) a person is convicted of the sanctionable offence within the 7
meaning of Part 7.6 of the Act, or 8
(b) a penalty notice, issued under Division 3 of Part 7.3 of the Act in 9
relation to the alleged offence, is dealt with by payment of the 10
penalty prescribed under that Division or by a penalty notice 11
enforcement order under the Fines Act 1996 that is made, or is 12
taken to have been made, against the person and that is not 13
subsequently quashed or set aside. 14
(4) A fee is not payable under this clause by the responsible person for the 15
vehicle if the person furnishes the Commissioner of Police with a 16
statutory declaration stating: 17
(a) that the offence concerned was not committed with the 18
responsible person's consent, and 19
(b) that the responsible person did not know, and could not 20
reasonably be expected to have known, that the vehicle would be 21
used for the commission of the offence, and 22
(c) that: 23
(i) at the time of the offence, the vehicle was being driven by 24
a person whose name and address are supplied in the 25
declaration, or 26
(ii) the responsible person does not know and could not with 27
reasonable diligence have ascertained the name and 28
address of the person who was driving the vehicle at that 29
time. 30
(5) A fee that, by virtue of subclause (4), is not payable by the responsible 31
person for the vehicle is payable by the person driving the vehicle at the 32
time of the relevant offence. 33
(6) A statutory declaration referred to in subclause (4) that is produced in 34
any proceedings for recovery of a fee under this clause from the driver 35
of a vehicle that alleges that any person was the driver of the vehicle at 36
the time of the offence is evidence of the driver's identity (unless 37
evidence to the contrary is adduced). 38
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(7) A court: 1
(a) before which proceedings for an alleged sanctionable offence 2
within the meaning of Part 7.6 of the Act are brought, or 3
(b) to which application is made under section 249 of the Act 4
following the impounding of a vehicle for an alleged offence, 5
that finds the offence proven may, for reasons of the avoidance of any 6
undue hardship to any person or other injustice perceived by the court, 7
by order direct that the fee prescribed by subclause (2) in relation to the 8
towing of a vehicle in connection with the alleged offence be reduced 9
by such amount as the court may specify or that, in the circumstances of 10
the case, no fee is payable. 11
(8) The Commissioner of Police is to give notice of any fee payable under 12
this clause to the responsible person for the vehicle concerned and, 13
except as otherwise provided by this Regulation, the fee is due and 14
payable 14 days after the notice is given. 15
50 Disposal of impounded vehicles or vehicles forfeited to the Crown (cf 16
Gen Reg, cl 38) 17
(1) If a vehicle that was impounded under section 239, 242 or 245 of the Act 18
has not been released, in accordance with Part 7.6 of the Act, at the end 19
of the period for which it was liable to be impounded, the Commissioner 20
of Police may, by notice served personally or by post on the registered 21
operator of the vehicle and on every person having a registered interest 22
(as defined in section 237 of the Act), warn the operator and every such 23
person that the vehicle is liable to be offered for sale unless appropriate 24
steps are taken to procure the release of the vehicle. 25
(2) For the purposes of section 252 of the Act, a vehicle that has been 26
forfeited to the Crown under section 243 or 245 of the Act, or that 27
remains duly impounded for 28 days after service of notices referred to 28
in subclause (1), may be offered for sale, except as provided by 29
subclause (3) or by the order of any court. 30
(3) A vehicle may not be offered for sale while any application under 31
section 249 of the Act, or any subsequent proceedings arising out of 32
such an application, are pending. 33
(4) At any time within 12 months after a vehicle has been sold in 34
accordance with this Regulation, a person may apply to the 35
Commissioner of Police for payment to the person of the balance of the 36
proceeds of sale of the vehicle, after deduction of any movement, 37
towing and storage fees payable under the Act and the reasonable costs 38
of or incidental to the sale. 39
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(5) The balance of the proceeds of sale may be paid by the Commissioner 1
of Police to any applicant who satisfies the Commissioner, on such 2
evidence as the Commissioner may reasonably require, that: 3
(a) the applicant was lawfully entitled to the vehicle immediately 4
before its sale, and 5
(b) there was a reasonable excuse for the applicant's failure to obtain 6
the release of the vehicle before it was sold. 7
Part 4 Road transportation 8
Division 1 Monitoring of heavy vehicles and vehicles 9
carrying dangerous goods 10
51 Vehicles to which Part 6.1 of Act applies (in addition to vehicles carrying 11
dangerous goods) (cf STM Reg, cl 133) 12
For the purposes of section 150 (1) (a) of the Act, the following vehicles 13
are prescribed: 14
(a) all classes and descriptions of coaches, 15
(b) every heavy motor vehicle that is an articulated vehicle or a prime 16
mover. 17
52 Prescribed officers for the purposes of Part 6.1 of Act (cf STM Reg, cl 134) 18
(1) For the purposes of Part 6.1 of the Act, the following persons are 19
authorised as prescribed officers: 20
(a) officers employed by the Authority as enforcement officers and 21
to whom the Authority has issued a written authorisation for the 22
purposes of this Division, 23
(b) officers of the Dangerous Goods Branch of the WorkCover 24
Authority who are employed as inspectors of dangerous goods, 25
(c) authorised officers within the meaning of the Dangerous Goods 26
(Road and Rail Transport) Act 2008. 27
(2) For the purposes of section 154 (4) (b) of the Act, the prescribed manner 28
of identification is: 29
(a) for a prescribed officer employed by the Authority--wearing a 30
uniform of the Authority, or 31
(b) for a prescribed officer employed by the WorkCover Authority-- 32
wearing a reflectorised vest displaying the words "SAFETY 33
OFFICER", or 34
(c) for a prescribed officer referred to in subclause (1) (c)--wearing 35
a reflectorised vest displaying the letters "EPA". 36
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53 Manner of approval of aspects of data recording and related matters (cf 1
STM Reg, cl 135) 2
Any approval of the Authority for the purposes of Part 6.1 of the Act is 3
to be signified in one of the following ways: 4
(a) in a Vehicle Monitoring Device Specification published or 5
adopted by the Authority (and available on request from the 6
Authority), 7
(b) by instrument in writing signed by the Chief Executive of the 8
Authority or by another person authorised in writing by the 9
Authority and given to a person seeking to rely on it. 10
54 Accessories to contravention of Part 6.1 of Act (cf STM Reg, cl 136) 11
A person must not knowingly cause, permit or allow any other person 12
to contravene a provision of Part 6.1 of the Act. 13
Maximum penalty: 20 penalty units. 14
55 Manner of granting exemptions (cf STM Reg, cl 137) 15
(1) For the purposes of section 158 (1) of the Act, an exemption may be 16
granted: 17
(a) by order published in the Gazette or in a newspaper circulating in 18
New South Wales, or 19
(b) by notice in writing signed by the Chief Executive of the 20
Authority, or by another person authorised in writing by the 21
Authority, and served on the person who is, or whose vehicle is, 22
to be exempted. 23
(2) An exemption granted in the manner provided by subclause (1) (b) may 24
in the same manner be rescinded. 25
Note. In relation to subclause (1) (a), section 43 (2) of the Interpretation Act 26
1987 provides that if an Act or statutory rule confers a power on any person or 27
body to make an order (whether or not the order must be in writing), the power 28
includes power to amend or repeal any order made in the exercise of that 29
power. 30
Division 2 Speed limiters 31
56 Application of Part 6.2 of the Act (cf STM Reg, cl 139) 32
For the purposes of section 161 (1) of the Act, the following vehicles are 33
prescribed as vehicles to which Part 6.2 of the Act applies: 34
(a) a motor lorry or bus manufactured on or after 1 January 1988 (but 35
not a motor lorry or bus to which Part 9 of Schedule 2 to the Road 36
Transport (Vehicle Registration) Regulation 2007 applies), 37
being: 38
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(i) a motor lorry having a GVM exceeding 15 tonnes, or 1
(ii) a bus used to provide a public passenger service and 2
having a GVM exceeding 14.5 tonnes, 3
(b) a motor lorry or bus manufactured on or after 1 January 1991, 4
being: 5
(i) a motor lorry having a GVM exceeding 12 tonnes, or 6
(ii) a bus used to provide a public passenger service and 7
having a GVM exceeding 5 tonnes. 8
57 Manner of limiting speed (cf STM Reg, cl 141) 9
(1) For the purposes of Part 6.2 of the Act, the manner of limiting the speed 10
of a vehicle is: 11
(a) in the case of a vehicle manufactured on or after 1 January 12
1989--the manner prescribed by the third edition ADR in respect 13
of vehicles of that type, and 14
(b) in the case of a vehicle to which Part 9 of Schedule 2 to the Road 15
Transport (Vehicle Registration) Regulation 2007 applies--the 16
manner prescribed in that Part, and 17
(c) in any other case--the manner prescribed by an order made by 18
the Authority and published in the Gazette. 19
(2) The requirements imposed by an order under subclause (1) (c) are not 20
to be more onerous than the requirements of any Vehicle Standards 21
Bulletin issued by the Commonwealth Department of Infrastructure and 22
Transport. 23
58 Modifications (cf STM Reg, cl 142) 24
(1) The Authority or a police officer may serve a notice under this clause 25
on the responsible person for a vehicle to which Part 6.2 of the Act 26
applies if the Authority or police officer has reason to believe that the 27
vehicle is capable of being driven at a speed exceeding 105 kilometres 28
per hour. 29
(2) If: 30
(a) a driver of any vehicle to which Part 6.2 of the Act applies has 31
been convicted of an offence arising out of a contravention of 32
clause 11 while driving the vehicle and it was found by the court 33
that, at the time of the offence, the driver was driving the vehicle 34
at a speed exceeding 105 kilometres per hour, or 35
(b) a driver of any vehicle to which Part 6.2 of the Act applies has 36
paid a penalty prescribed for the purposes of section 195 of the 37
Act in respect of an alleged offence so arising and the police 38
officer or authorised officer who issued the relevant penalty 39
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notice indicated on the notice that, at the time of the alleged 1
offence, the driver was driving the vehicle at a speed exceeding 2
105 kilometres per hour, or 3
(c) a penalty notice enforcement order under the Fines Act 1996 has 4
been made, or is taken to have been made, against a driver of any 5
vehicle to which Part 6.2 of the Act applies in respect of an 6
alleged offence so arising and the police officer or authorised 7
officer who issued the relevant penalty notice indicated on the 8
notice that, at the time of the alleged offence, the driver was 9
driving the vehicle at a speed exceeding 105 kilometres per hour, 10
the Authority or a police officer may serve a notice under this clause on 11
the person who, at the time of the offence or alleged offence concerned, 12
was the responsible person for the vehicle. 13
(3) A notice under this clause may: 14
(a) require alterations to be made to the vehicle by the responsible 15
person on whom the notice was served so that the speed at which 16
it is capable of being driven is limited, in the manner prescribed 17
for the purposes of Part 6.2 of the Act, to not more than 18
100 kilometres per hour, and 19
(b) require the responsible person on whom the notice was served to 20
supply such information concerning any such alterations made to 21
the vehicle as the notice indicates, and 22
(c) require the responsible person on whom the notice was served to 23
have the vehicle tested to determine whether the vehicle's speed 24
is limited in accordance with Part 6.2 of the Act and to provide a 25
certificate to that effect in the manner and form specified in the 26
notice. 27
59 Exemptions (cf STM Reg, cl 143) 28
(1) The Authority may: 29
(a) by order published in the Gazette or in a newspaper circulating in 30
New South Wales, or 31
(b) by notice in writing signed by the Chief Executive of the 32
Authority, or by another person authorised in writing by the 33
Authority, and served on the person who is, or whose vehicle is, 34
to be exempted, 35
exempt persons or vehicles from any specified provision or provisions 36
of this Division. 37
(2) The exemption may be unconditional or may be conditional on the 38
observance of conditions specified in the notice of exemption. 39
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(3) If an exemption is conditional on the observance of specified 1
conditions, the exemption ceases to have effect as soon as there is a 2
failure to observe the conditions. 3
(4) An exemption granted in the manner provided by subclause (1) (b) may 4
in the same manner be rescinded. 5
Note. In relation to subclause (1) (a), section 43 (2) of the Interpretation Act 6
1987 provides that if an Act or statutory rule confers a power on any person or 7
body to make an order (whether or not the order must be in writing), the power 8
includes power to amend or repeal any order made in the exercise of that 9
power. 10
Part 5 Parking schemes 11
Division 1 Pay parking schemes 12
Subdivision 1 Metered parking schemes 13
60 Metered parking schemes (cf STM Reg, cl 97) 14
(1) A parking authority may establish and operate metered parking schemes 15
for any road within its area of operations. 16
(2) For the purposes of any such scheme, a parking authority: 17
(a) may, in accordance with Authority guidelines, set aside metered 18
parking spaces in any road within its area of operations, and 19
(b) may fix the fees for the parking of a vehicle in any such space, 20
and 21
(c) may install parking meters for use in connection with the 22
payment of such fees. 23
(3) In the case of a council, the fees for parking in metered parking spaces 24
are to be fixed by resolution of the council. 25
(4) In the case of a declared organisation, the fees for parking in metered 26
parking spaces are to be fixed in accordance with pricing principles set 27
out in Authority guidelines. 28
(5) Different fees may be fixed for different metered parking spaces and for 29
different days and different times of day. 30
(6) A parking meter may only be installed at the space to which it applies 31
or, if one parking meter applies to more than one space, in the 32
immediate vicinity of those spaces. 33
(7) A metered parking scheme must facilitate the payment of fees for 34
parking in cash (notes or coins, or both). 35
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(8) Subject to subclause (7), a metered parking scheme may provide for 1
other methods of payment of fees for parking in accordance with 2
Authority guidelines. 3
(9) A parking authority may establish and operate on a trial basis, in 4
accordance with the approval of the Authority (and any conditions of 5
that approval), a metered parking scheme that does not facilitate the 6
payment of fees for parking in cash, despite subclause (7). In such a 7
case, the parking scheme may provide for such methods of payment of 8
fees for parking as accord with the approval of the Authority (and any 9
conditions of that approval). 10
Note. Rules 207-1 and 207-2 of the Road Rules 2008 make provision for 11
parking in metered parking areas. Clause 3 (1) defines a metered parking area 12
and metered parking space to have the same meanings as in rule 207-1. 13
61 Metered parking areas (cf STM Reg, cl 98) 14
A parking authority may set aside the whole or any part of a road in its 15
area of operations as a metered parking area. 16
Note. Rules 207-1 and 207-2 of the Road Rules 2008 make provision for 17
parking in metered parking areas. Clause 3 (1) defines a metered parking area 18
and metered parking space to have the same meanings as in rule 207-1. 19
62 Parking meters (cf STM Reg, cl 99) 20
(1) The parking meter for a metered parking space must indicate: 21
(a) the fees (if any) fixed for the space under this Subdivision, and 22
(b) that the fee may be paid using cash (notes or coins, or both) and 23
the denomination of notes or coins that may be used to pay the fee 24
by that method, and 25
(c) any other method that may be used to pay the fee for parking, 26
such as the use of a smart card or another device, and how to use 27
that method of payment. 28
(2) A parking meter must clearly show the status of the metered parking 29
space or spaces that it controls and, in the case of a multi-space parking 30
meter, must identify each metered parking space by its number. 31
(3) Subclause (1) (b) does not apply in respect of a parking meter that does 32
not permit payment of the fee in cash (if the meter is used in connection 33
with a scheme operated on a trial basis as referred to in clause 60 (9)). 34
63 Misuse of parking meters (cf STM Reg, cl 100) 35
A person must not: 36
(a) insert in a parking meter anything other than cash (notes or coins) 37
or other means of payment, such as a smart card, as specified on 38
the meter, or 39
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(b) deface any parking meter or affix anything (such as advertising 1
matter) to any parking meter. 2
Maximum penalty: 20 penalty units. 3
64 Damage to parking meters (cf STM Reg, cl 100A) 4
A person must not: 5
(a) damage a parking meter, or 6
(b) do anything that interferes with (or is likely to interfere with) the 7
proper working of a parking meter, or 8
(c) fraudulently operate a parking meter. 9
Maximum penalty: 20 penalty units. 10
65 Temporary closure of metered parking space (cf STM Reg, cl 100B) 11
(1) A parking authority may, if it decides that the use of a metered parking 12
space should be temporarily discontinued, close the space. 13
(2) A metered parking space is closed for the purposes of subclause (1) if a 14
sign displaying words to the effect that the space is temporarily closed 15
is erected in, or in close proximity to, the space. 16
Note. A driver who parks in a space that is temporarily closed under this clause 17
may commit an offence against rule 207-7 of the Road Rules 2008. 18
Subdivision 2 Ticket parking schemes 19
66 Ticket parking schemes (cf STM Reg, cl 101) 20
(1) A parking authority may, in accordance with Authority guidelines, 21
establish and operate a ticket parking scheme for any road within its 22
area of operations. 23
(2) For the purposes of any such scheme, a parking authority: 24
(a) may, in accordance with Authority guidelines, set aside as a 25
ticket parking area the whole or any part of any road within its 26
area of operations, and 27
(b) may fix the fees for the parking of vehicles in any such area, and 28
(c) may install devices for use in connection with the payment of 29
such fees. 30
(3) In the case of a council, the fees for parking in a ticket parking area are 31
to be fixed by resolution of the council. 32
(4) In the case of a declared organisation, the fees for parking in a ticket 33
parking area are to be fixed in accordance with pricing principles set out 34
in Authority guidelines. 35
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(5) Different fees may be fixed for different ticket parking areas and for 1
different days and different times of day. 2
(6) A ticket parking scheme must facilitate the payment of fees for parking 3
in cash (notes or coins, or both). 4
(7) Subject to subclause (6), a ticket parking scheme may provide for other 5
methods of payment of fees for parking in accordance with Authority 6
guidelines. 7
(8) A parking authority may establish and operate on a trial basis, in 8
accordance with the approval of the Authority (and any conditions of 9
that approval), a ticket parking scheme that does not facilitate the 10
payment of fees for parking in cash, despite subclause (6). In such a 11
case, the parking scheme may provide for such methods of payment of 12
fees for parking as accord with the approval of the Authority (and any 13
conditions of that approval). 14
Note. Rules 207-3 and 207-4 of the Road Rules 2008 make provision for 15
parking in ticket parking areas and spaces. Clause 3 (1) defines a ticket 16
parking area and ticket parking space to have the same meanings as in 17
rules 207-3 and 207-4 respectively. 18
67 Parking ticket machines (cf STM Reg, cl 104) 19
(1) The parking ticket machine for a ticket parking area must indicate: 20
(a) the fees (if any) fixed for the area under this Subdivision, and 21
(b) that the fee may be paid using cash (notes or coins, or both) and 22
the denomination of notes or coins that may be used to pay the fee 23
by that method, and 24
(c) any other method that may be used to pay the fee for parking, 25
such as the use of a smart card or another device, and how to use 26
that method of payment. 27
(2) Subclause (1) (b) does not apply in respect of a parking ticket machine 28
that does not permit payment of the fee in cash (if the ticket machine is 29
used in connection with a scheme operated on a trial basis as referred to 30
in clause 66 (8)). 31
68 Parking tickets (cf STM Reg, cl 105) 32
(1) The following information must be printed on a parking ticket: 33
(a) the day of the week, 34
(b) the date (expressed as the day of the month, the month and the 35
year), 36
(c) the expiry time (expressed in hours and minutes), 37
(d) the name of the parking authority by which the ticket is issued, 38
(e) the ticket parking area code (if applicable), 39
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(f) a serial number, 1
(g) instructions for use of the ticket. 2
(2) A parking ticket must be legible and of a size and design that enables it 3
to be easily displayed in or on a vehicle. 4
69 Duration of parking tickets (cf STM Reg, cl 106) 5
A parking ticket takes effect on the date and time it is issued and expires 6
on the date and time specified on the ticket as the date and time of its 7
expiry. 8
70 Use of false or damaged parking tickets (cf STM Reg, cl 102) 9
A person must not display in or on a vehicle that is parked in a ticket 10
parking area: 11
(a) any article or thing resembling a parking ticket that falsely 12
suggests that the relevant parking fee has been paid, or 13
(b) any parking ticket that is altered, defaced, mutilated or illegible. 14
Maximum penalty: 20 penalty units. 15
71 Misuse of ticket machines (cf STM Reg, cl 103) 16
A person must not: 17
(a) insert in a parking ticket machine anything other than cash (notes 18
or coins) or other means of payment, such as a smart card, as 19
specified on the machine, or 20
(b) deface any parking ticket machine or affix anything (such as 21
advertising matter) to any ticket machine. 22
Maximum penalty: 20 penalty units. 23
72 Temporary closure of ticket parking areas and spaces (cf STM Reg, 24
cl 103A) 25
(1) A parking authority may, if it decides that the use of a ticket parking 26
area or ticket parking space should be temporarily discontinued, close 27
the area or space. 28
(2) A ticket parking area or ticket parking space is closed for the purposes 29
of subclause (1) if a sign displaying words to the effect that the area or 30
space is temporarily closed is erected in, or in close proximity to, the 31
area or space. 32
Note. A driver who parks in an area or space that is temporarily closed under 33
this clause may commit an offence against rule 207-7 of the Road Rules 2008. 34
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Subdivision 3 Coupon parking schemes 1
73 Coupon parking schemes (cf STM Reg, cl 107) 2
(1) A parking authority may, in accordance with Authority guidelines, 3
establish and operate a coupon parking scheme for any road within its 4
area of operations. 5
(2) For the purposes of any such scheme, a parking authority: 6
(a) may, in accordance with Authority guidelines, set aside as a 7
coupon parking area the whole or any part of any road within its 8
area of operations, and 9
(b) may fix the fees for the parking of vehicles in any such area, and 10
(c) may adopt such means of and schemes for payment of such fees 11
as are approved from time to time by the Authority, and 12
(d) may install devices for use in connection with the payment of 13
such fees (pay parking devices). 14
(3) In the case of a council, the fees for parking in a coupon parking area 15
are to be fixed by resolution of the council. 16
(4) In the case of a declared organisation, the fees for parking in a coupon 17
parking area are to be fixed in accordance with pricing principles set out 18
in Authority guidelines. 19
(5) Different fees may be fixed for different coupon parking areas and for 20
different days and different times of day. 21
Note. Rules 207-5 and 207-6 of the Road Rules 2008 make provision for 22
parking in coupon parking areas and spaces. Clause 3 (1) defines a coupon 23
parking area and coupon parking space to have the same meanings as in 24
rules 207-5 and 207-6 respectively. 25
74 Parking coupons (cf STM Reg, cl 110) 26
(1) A parking authority may issue pre-paid parking coupons, either time or 27
money based, to be used for coupon parking areas within the parking 28
authority's area of operations during the controlled parking hours. 29
(2) The following information must be printed on a parking coupon: 30
(a) the name of the coupon parking scheme in connection with which 31
the coupon may be used, 32
(b) the amount of money that has been paid for parking in coupon 33
parking areas to which that scheme applies (in the case of a 34
money based coupon) or the amount of time for which a vehicle 35
may be parked in such an area (in the case of a time based 36
coupon), 37
(c) a serial number, 38
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(d) instructions for use of the coupon. 1
(3) A parking coupon must be legible and of a size and design that enables 2
it to be easily displayed in or on a vehicle. 3
(4) A parking coupon must be so designed or manufactured as to enable a 4
person to indicate on the coupon the date and time on which the coupon 5
is to take effect. 6
75 Duration of parking coupons (cf STM Reg, cl 111) 7
(1) A parking coupon (whether time based or money based) takes effect on 8
the date and time indicated on the coupon (in the manner indicated by 9
the instructions on the coupon) as the date and time on which it takes 10
effect. 11
(2) A money based coupon expires at the end of the period of time for 12
which it is in force, calculated by reference to: 13
(a) the date and time indicated on the coupon as the date and time on 14
which it took effect, and 15
(b) the parking fee specified on the coupon as having been pre-paid, 16
and 17
(c) the relevant parking fee for the coupon parking area in 18
connection with which it is used, as indicated on the coupon 19
parking signs by which the area is designated. 20
(3) A time based coupon expires at the end of the period of time that it is in 21
force, calculated by reference to: 22
(a) the date and time indicated on the coupon as the date and time on 23
which it took effect, and 24
(b) the time specified on the coupon as the time for which the coupon 25
remains in force. 26
76 Use of false or damaged parking coupons (cf STM Reg, cl 108) 27
A person must not display in or on a vehicle that is parked in a coupon 28
parking area: 29
(a) any article or thing resembling a parking coupon that falsely 30
suggests that the relevant parking fee has been paid, or 31
(b) any parking coupon that is altered, defaced, mutilated or illegible. 32
Maximum penalty: 20 penalty units. 33
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77 Temporary closure of coupon parking areas and spaces (cf STM Reg, 1
cl 109) 2
(1) A parking authority may, if it decides that the use of a coupon parking 3
area or coupon parking space should be temporarily discontinued, close 4
the area or space. 5
(2) A coupon parking area or coupon parking space is closed for the 6
purposes of subclause (1) if a sign displaying words to the effect that the 7
area or space is temporarily closed is erected in, or in close proximity 8
to, the area or space. 9
Note. A driver who parks in an area or space that is temporarily closed under 10
this clause may commit an offence against rule 207-7 of the Road Rules 2008. 11
Subdivision 4 Phone parking schemes 12
78 Phone parking schemes (cf STM Reg, cl 111A) 13
(1) A parking authority may, in accordance with Authority guidelines, 14
establish and operate a phone parking scheme for the whole or any part 15
of any road within its area of operations on which is operating a metered 16
parking scheme, a ticket parking scheme or a coupon parking scheme. 17
(2) For the purposes of any such phone parking scheme, a parking 18
authority: 19
(a) may, in accordance with Authority guidelines: 20
(i) set aside also as a phone parking area, the whole or any part 21
of a metered parking area, a ticket parking area or a coupon 22
parking area, that is within its area of operations, and 23
(ii) set aside also as a phone parking space, any metered 24
parking space, ticket parking space or coupon parking 25
space, and 26
(b) may fix the fees for the parking of a vehicle in any pay parking 27
area, and 28
(c) may adopt such schemes for payment of such fees by mobile 29
phone as are approved from time to time by the Authority. 30
(3) In the case of a council, the fees for phone parking areas are to be fixed 31
by resolution of the council. 32
(4) In the case of a declared organisation, the fees for phone parking areas 33
are to be fixed in accordance with pricing principles set out in Authority 34
guidelines. 35
(5) Different fees may be fixed for different phone parking areas and for 36
different days and different times of day. 37
Note. Rules 207-8 and 207-9 of the Road Rules 2008 make provision for 38
parking in phone parking areas and spaces. Clause 3 (1) defines a phone 39
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parking area and phone parking space to have the same meanings as in rules 1
207-8 and 207-9, respectively. 2
79 Display of information relating to phone parking (cf STM Reg, cl 111B) 3
The following information must be displayed clearly on phone parking 4
signs for a phone parking area, or on a parking meter or a parking ticket 5
machine for a parking space or area that is also designated as a phone 6
parking space or phone parking area: 7
(a) a location number and phone number for the phone parking 8
scheme, 9
(b) such other information as may be set out in the Authority 10
guidelines for the purposes of this clause. 11
80 Duration of parking in phone parking areas and spaces (cf STM Reg, 12
cl 111D) 13
A phone parking period takes effect on the date and at the time the 14
parking period is initiated by mobile phone in accordance with the 15
protocols of the provider of the phone payment scheme and expires 16
when the session is ended in accordance with those protocols. 17
81 Temporary closure of phone parking areas and spaces (cf STM Reg, 18
cl 111C) 19
(1) A parking authority may, if it decides that the use of a phone parking 20
area or phone parking space should be temporarily discontinued, close 21
the area or the space. 22
(2) A phone parking area or phone parking space is closed for the purposes 23
of subclause (1) if a sign displaying words to the effect that the area or 24
space is temporarily closed is erected in, or in close proximity to, the 25
area or space. 26
Note. A driver who parks in an area or space that is temporarily closed under 27
this clause may commit an offence against rule 207-7 of the Road Rules 2008. 28
Subdivision 5 Miscellaneous 29
82 Councils' common pay parking schemes (cf STM Reg, cl 112) 30
(1) A council may, in accordance with Authority guidelines, agree with one 31
or more other councils concerning the operation of ticket parking 32
schemes, phone parking schemes or coupon parking schemes on a 33
common payment basis. 34
(2) The councils must, by resolution, fix fees on a common basis that are to 35
be charged for parking in the ticket parking areas, phone parking areas 36
or coupon parking areas covered by the agreement. 37
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83 Authority guidelines and approval (cf STM Reg, cl 113) 1
(1) The Authority may, by order in writing, establish guidelines for the 2
purposes of this Division. 3
(2) To the extent that a provision of this Regulation requires a parking 4
authority to comply with an Authority guideline or approval given 5
under clause 60, 66, 73 or 78, the parking authority is not entitled to 6
provide or charge for parking in a metered space, a phone parking area, 7
a ticket parking area or a coupon parking area if it fails to comply with 8
the guideline or approval. 9
(3) For the purposes of this clause, a parking authority is taken to have 10
complied with an Authority guideline or approval until the contrary is 11
proved. 12
84 Other powers to provide pay parking (cf STM Reg, cl 114) 13
(1) Nothing in this Division affects any other power of a parking authority 14
to provide for parking on land within its area of operations. 15
(2) A parking authority may exercise any power under this Division in 16
relation to land that it does not own, but only with the consent of the 17
owner of the land. 18
(3) Such consent may be given subject to terms and conditions, including 19
terms in relation to the duration and revocation of that consent. 20
(4) Subject to any such terms, such consent may be revoked only after the 21
giving of reasonable notice. 22
85 Overlapping schemes (cf STM Reg, cl 115) 23
(1) Nothing in this Division prevents a parking authority from establishing 24
and operating a pay parking scheme on any part of a road on which it is 25
operating any other pay parking scheme. 26
(2) The parking authority may not recover the fee fixed in respect of any 27
vehicle parking in a metered space, a ticket parking area, a phone 28
parking area or a coupon parking area if any other applicable parking 29
fee has been paid. 30
86 Application of money from parking (cf STM Reg, cl 116) 31
(1) The costs of administering a pay parking scheme operated by a parking 32
authority under this Division are to be borne by the parking authority. 33
(2) Those costs are taken to include the following: 34
(a) the cost of providing, controlling, maintaining and regulating 35
metered spaces, and the parking meters installed in respect of 36
those spaces, 37
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(b) the cost of providing, controlling, maintaining and regulating pay 1
parking, 2
(c) the cost of providing and maintaining signs or other devices and 3
marking lines: 4
(i) to indicate the position of pay parking areas and pay 5
parking spaces, or 6
(ii) to indicate the places in any road within the area of 7
operations of the parking authority concerned where a 8
vehicle (other than a public vehicle) may park. 9
(3) All fees that a parking authority collects in respect of the operation of 10
pay parking belong to the parking authority, subject to clause 82. 11
(4) Any surplus arising from the operation of pay parking may be applied 12
at the discretion of the parking authority. 13
(5) A parking authority must pay to the Authority such amount as is agreed 14
on between the Authority and the parking authority in respect of the 15
costs referred to in subclause (2) (c). 16
87 Disputes (cf STM Reg, cl 117) 17
(1) Any dispute arising under this Division between a parking authority and 18
the Authority is to be resolved by consultation between the Minister 19
responsible for the parking authority and the Minister administering the 20
Act or, if agreement cannot be reached, by the Premier. 21
(2) Any dispute arising under this Division between 2 or more parking 22
authorities is to be resolved: 23
(a) if the same Minister is responsible for each of those authorities, 24
by that Minister, and 25
(b) in any other case, by consultation between the various Ministers 26
responsible for those authorities or, if agreement cannot be 27
reached, by the Premier. 28
(3) In this clause, a reference to the Minister responsible for a parking 29
authority is a reference to: 30
(a) in the case of a council, the Minister administering the Local 31
Government Act 1993, and 32
(b) in the case of a declared organisation that is constituted by or 33
under an Act, the Minister administering that Act, and 34
(c) in the case of a Government Department, the Minister 35
responsible for that Department. 36
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88 Trailers not separately chargeable (cf STM Reg, cl 118) 1
Nothing in this Division requires a separate parking fee to be paid for a 2
trailer drawn by another vehicle. 3
89 Powers of police in emergency (cf STM Reg, cl 118A) 4
(1) A police officer may, during a temporary obstruction or danger to traffic 5
or in an emergency: 6
(a) direct a person not to cause or permit any vehicle to park in any 7
part of a pay parking area, or 8
(b) direct the responsible person for or driver of a vehicle parking in 9
any part of a pay parking area to remove the vehicle from that part 10
or (if no person appears to be in charge of the vehicle) to remove 11
the vehicle from that part. 12
(2) A person must not, without reasonable excuse, fail to comply with a 13
direction under this clause. 14
Maximum penalty: 20 penalty units. 15
Division 2 Other parking schemes 16
Subdivision 1 Ticket-operated loading schemes 17
90 Ticket-operated loading schemes (cf STM Reg, cl 119) 18
(1) The Authority may establish and operate a ticket-operated loading 19
scheme for any road. 20
(2) For the purposes of any such scheme, the Authority: 21
(a) may set aside as a ticket-operated loading zone the whole or any 22
part of any road, and 23
(b) may install loading zone ticket machines for use in connection 24
with the scheme. 25
Note. Rule 179-1 of the Road Rules 2008 makes provision for parking in 26
ticket-operated loading zones. Clause 3 (1) defines a ticket-operated loading 27
zone to have the same meaning as in that rule. 28
91 Loading zone tickets (cf STM Reg, cl 121) 29
(1) The following information must be printed on a loading zone ticket: 30
(a) the name of the Authority as the body by or on whose behalf the 31
ticket is issued, 32
(b) a serial number, 33
(c) instructions for use of the ticket, 34
(d) the day of the week on which the ticket is issued, 35
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(e) the date (expressed as the day of the month, the month and the 1
year) on which the ticket is issued, 2
(f) the different expiry times for heavy goods vehicles and light 3
goods vehicles. 4
(2) A loading zone ticket must be legible and of a size and design that 5
enables it to be easily displayed in or on a goods vehicle. 6
92 Loading zone ticket machines and misuse of loading zone tickets (cf 7
STM Reg, cl 121A) 8
(1) Tickets issued by a loading zone ticket machine are to be free of charge. 9
(2) A loading zone ticket is to differentiate between heavy goods vehicles 10
and light goods vehicles by specifying an expiry time that: 11
(a) in relation to a heavy goods vehicle, is 30 minutes after the time 12
of its issue, and 13
(b) in relation to a light goods vehicle, is 15 minutes after the time of 14
its issue. 15
(3) A person must not: 16
(a) deface any loading zone ticket machine or affix anything (such as 17
advertising material) to any loading zone ticket machine, or 18
(b) intentionally cause any loading zone ticket machine to produce 19
more than one ticket on any one occasion (except for the purpose 20
of obtaining a ticket that is not mutilated or illegible), or 21
(c) interfere with any loading zone ticket machine, unless lawfully 22
authorised to do so. 23
Maximum penalty: 20 penalty units. 24
(4) A person must not display in or on a goods vehicle that is parked in a 25
ticket-operated loading zone: 26
(a) any article or thing resembling a loading zone ticket that falsely 27
suggests that the goods vehicle is parked lawfully in the zone, or 28
(b) any loading zone ticket that is altered, defaced, mutilated or 29
illegible. 30
Maximum penalty: 20 penalty units. 31
93 Temporary closure of ticket-operated loading zones (cf STM Reg, cl 121B) 32
(1) The Authority may, if it decides that the use of a ticket-operated loading 33
zone should be temporarily discontinued, close the zone. 34
(2) A ticket-operated loading zone is closed for the purposes of 35
subclause (1) if a sign displaying words to the effect that the zone is 36
temporarily closed is erected in, or in close proximity to, the zone. 37
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Subdivision 2 Special event parking schemes 1
94 Special event parking schemes (cf STM Reg, cl 122) 2
(1) The Authority may establish and operate a special event parking scheme 3
for any road. 4
(2) For the purposes of any such scheme, the Authority may set aside as a 5
special event parking area the whole or any part of any road. 6
Note. Rule 205A-1 of the Road Rules 2008 makes provision for parking in 7
special event parking areas. Clause 3 (1) defines a special event parking area 8
to have the same meaning as in that rule. 9
Part 6 Parking permits and mobility parking scheme 10
authorities 11
Division 1 Parking permits 12
95 Parking permits (cf STM Reg, cl 124) 13
(1) A parking authority may issue a permit authorising the parking of a 14
vehicle without charge or time restrictions in a parking space: 15
(a) located within a parking area or road specified in the permit, and 16
(b) designated by the parking authority for use by holders of such a 17
permit. 18
(2) The parking authority is to classify the permit in one of the following 19
classes: 20
(a) business parking permits, 21
(b) commuter parking permits, 22
(c) resident parking permits, 23
(d) resident's visitor parking permits, 24
(e) special event parking permits, 25
(f) declared organisation parking permits. 26
(3) A parking authority may issue a permit under this clause in electronic 27
or printed form. 28
(4) A permit must specify the parking area or road to which it applies, the 29
conditions to which it is subject and: 30
(a) in the case of a resident's visitor parking permit that is a printed 31
parking permit--the address of the resident who holds the permit, 32
or 33
(b) in the case of any other permit--the registration number of the 34
vehicle to which it relates. 35
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(5) The Authority may issue guidelines from time to time for or with 1
respect to the issuing of printed parking permits and electronic parking 2
permits. 3
(6) A parking authority must not issue a permit except in accordance with 4
the guidelines issued by the Authority. 5
(7) For the purposes of this clause, a parking space is designated for use by 6
a holder of a permit if the following words are displayed on, or next to, 7
a traffic sign that designates the space as a parking space or designates 8
the area in which the parking space is located as a parking area: 9
(a) for a declared organisation, business, commuter or special event 10
parking permit, the words "PERMIT HOLDERS EXCEPTED", 11
(b) for a resident or resident's visitor parking permit, the words 12
"PERMIT HOLDERS EXCEPTED" or "AUTHORISED 13
RESIDENTS VEHICLES EXCEPTED". 14
(8) In this clause: 15
electronic parking permit means a permit issued under this clause that 16
is in electronic form. 17
parking area means a pay parking area, permissive parking area or 18
special event parking area. 19
parking space means any of the following: 20
(a) coupon parking space, 21
(b) permissive parking space, 22
(c) metered parking space, 23
(d) ticket parking space, 24
(e) phone parking space. 25
permissive parking area means the part of a road to which a permissive 26
parking sign applies. 27
permissive parking space means a parking bay that is indicated by 28
studs, pads, plates or strips. 29
printed parking permit means a permit that is issued under this clause 30
that is in printed form. 31
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Division 2 Mobility parking scheme authorities 1
Subdivision 1 Interpretation 2
96 Definitions (cf STM Reg, cl 125) 3
In this Division: 4
holder of a scheme authority, or an expired or revoked scheme 5
authority, means the person or organisation to whom or to which the 6
scheme authority has been or was issued. 7
interstate or overseas authority means a document issued by an 8
authority of another jurisdiction, or of a foreign country, to indicate: 9
(a) that a specified person is a disabled person who has the benefit of 10
parking concessions in that jurisdiction or country, or 11
(b) that a specified vehicle is used for the purpose of conveying 12
disabled persons and has the benefit of parking concessions in 13
that jurisdiction or country. 14
mobility parking scheme means the scheme for the issue of scheme 15
authorities set out in this Division. 16
organisation means a corporation or an unincorporated association of 17
persons. 18
scheme authority means a mobility parking scheme authority issued 19
under this Division. 20
Subdivision 2 Issue of scheme authorities 21
97 Authority may issue mobility parking scheme authorities (cf STM Reg, 22
cl 126) 23
The Authority may, on application under this Division, issue a mobility 24
parking scheme authority: 25
(a) for use by a disabled person, or 26
(b) for use by an organisation in connection with the conveyance of 27
disabled persons. 28
98 Form of scheme authority (cf STM Reg, cl 126A) 29
(1) A scheme authority must show: 30
(a) a unique identifying number that has been allocated by the 31
Authority, and 32
(b) the full name of the holder of the scheme authority, and 33
(c) the category of scheme authority issued, and 34
(d) the expiry date of the scheme authority. 35
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(2) A scheme authority may also show any of the following: 1
(a) a photograph of the individual to whom it has been issued, 2
(b) the date of birth of the individual to whom it has been issued, 3
(c) the home, business or other address for service of the holder of 4
the scheme authority, 5
(d) the signature (or a reproduction of the signature) of an individual 6
to whom it has been issued, 7
(e) any other information that the Authority considers appropriate. 8
(3) A scheme authority may be categorised and colour coded as follows: 9
individual authority for disabled person--blue 10
temporary authority for disabled person with temporary disability--red 11
organisational authority for the conveyance of disabled persons--green 12
99 Conditions of scheme authorities (cf STM Reg, cl 126B) 13
(1) A scheme authority is subject to the following conditions: 14
(a) the scheme authority must only be used in connection with the 15
conveyance of the holder of the scheme authority, or in the case 16
of a scheme authority issued to an organisation, in connection 17
with the conveyance of disabled persons by or on behalf of that 18
organisation, 19
(b) when in use, the whole of the side of the scheme authority marked 20
"THIS SIDE UP" must be clearly displayed at the left of the 21
vehicle's windscreen, or on any window on the left hand 22
(passenger) side of the vehicle, or if this is not practicable, in 23
another part of the windscreen or other window of the vehicle, 24
(c) a scheme authority must not be used if it has been defaced or 25
otherwise altered or where any of the personal or organisational 26
details on the scheme authority are illegible. 27
(2) A scheme authority is also subject to such other conditions as may be 28
imposed on the holder of the scheme authority by the Authority. 29
(3) A condition imposed by the Authority on a scheme authority under 30
subclause (2) does not have effect until written notice of the condition 31
is given to the holder of the scheme authority. 32
100 When scheme authority ceases to be in force (cf STM Reg, cl 126C) 33
A scheme authority ceases to be in force on the expiry of the scheme 34
authority unless it is sooner revoked by the Authority under this 35
Division. 36
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Subdivision 3 Applications for scheme authorities and 1
collection and use of information 2
101 Procedure to obtain scheme authority (cf STM Reg, cl 126D) 3
(1) The applicant for a scheme authority must be: 4
(a) in the case of an application for a scheme authority for an 5
individual--the individual or a person that the Authority is 6
satisfied acts on behalf of the individual, or 7
(b) in the case of an application for a scheme authority for an 8
organisation--an individual authorised in writing by the 9
organisation (or the governing body of the organisation) to apply 10
for the scheme authority on its behalf. 11
(2) An applicant for the issue of a scheme authority must give the 12
Authority: 13
(a) a completed application form in the form approved by the 14
Authority, and 15
(b) particulars necessary to identify the applicant and the applicant's 16
home or business address, including any evidence that the 17
Authority may reasonably require to verify those particulars (for 18
example, evidence of the person's address on the electoral roll), 19
and 20
(c) where the applicant is making the application on behalf of an 21
individual or organisation: 22
(i) such documents or other evidence of the applicant's 23
authority to make the application as is specified by the 24
application form or otherwise required by the Authority, 25
and 26
(ii) particulars necessary to identify the individual or 27
organisation on behalf of whom or which the application is 28
made and the individual's or organisation's home, 29
business or other address for service, including any 30
evidence that the Authority may reasonably require to 31
verify those particulars (for example, evidence of the 32
individual's address on the electoral roll), and 33
(d) any documents or other evidence (including medical certificates) 34
specified by the application form, and 35
(e) the fee (if any) fixed under clause 102 for the category of scheme 36
authority sought. 37
(3) The Authority may, in the case of an application for a scheme authority 38
for an individual, require the applicant to provide, in such a form as may 39
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be specified by the Authority, evidence that satisfies the Authority that 1
the individual is a disabled person. 2
102 Fees for applications for scheme authorities (cf STM Reg, cl 126E) 3
(1) The Authority may, by order published in the Gazette, fix fees, or 4
amend or revoke fees, for services provided by the Authority in 5
connection with the issue of scheme authorities. 6
(2) Without limiting subclause (1): 7
(a) different fees may be fixed for different categories of authorities, 8
and 9
(b) different fees may be fixed for different categories of applicants. 10
(3) In fixing any fee under subclause (1), the Authority must have regard to 11
the following matters: 12
(a) the costs (or estimated costs) associated with the establishment 13
and administration of the mobility parking scheme over such 14
period as the Authority may determine (the specified 15
administration period), 16
(b) the actual or estimated number of applicants for scheme 17
authorities and participants in the mobility parking scheme 18
during the specified administration period, 19
(c) any increases in the Consumer Price Index (All Groups Index) for 20
Sydney issued by the Australian Statistician. 21
(4) The Authority may in a particular case waive the requirement for a fee 22
or reduce a fee. 23
103 Surrender of current or expired scheme authority if new authority 24
obtained (cf STM Reg, cl 126F) 25
(1) If an applicant for a scheme authority holds a current scheme authority 26
or possesses an expired scheme authority, the applicant must surrender 27
that authority to the Authority before the issue of a new scheme 28
authority. 29
(2) Despite subclause (1), the Authority may exempt a person from 30
surrendering a current or expired scheme authority if the Authority is 31
satisfied that it would be unreasonable, in the circumstances, to require 32
that authority to be surrendered. 33
104 Information about eligibility for and use of scheme authority (cf STM Reg, 34
cl 126FA) 35
The Authority may at any time, by notice in writing, require the holder 36
of a scheme authority to provide, in such a form as may be specified in 37
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the notice, evidence that satisfies the Authority of either or both of the 1
following: 2
(a) that the scheme authority has not been misused in the manner or 3
circumstances described in the notice, 4
(b) if the holder is an individual, that the individual is a disabled 5
person. 6
105 Evidence of disability (cf STM Reg, cl 126FB) 7
For the purposes of satisfying itself under clause 101 (3) or 104 (b) that 8
an individual is a disabled person, the Authority may require the 9
individual: 10
(a) to be examined by a specified medical practitioner or a medical 11
practitioner belonging to a specified class of medical 12
practitioners, and 13
(b) to authorise any such medical practitioner to provide the 14
Authority with such information as the Authority may require in 15
relation to the individual's disability. 16
106 Information collected under Subdivision (cf STM Reg, cl 126FC) 17
(1) The Authority may collect, retain, use and disclose any information 18
provided under this Subdivision for the purposes of carrying out its 19
functions under this Division, or for the prosecution of an offence 20
against this Division. 21
(2) Despite subclause (1), evidence provided under clause 104 (a) may not 22
be used to prosecute a person who provides the evidence for an offence 23
other than an offence in respect of the falsity of the evidence. 24
Subdivision 4 Photographs 25
107 Authority may require the taking of photographs (cf STM Reg, cl 126G) 26
(1) The Authority may (but need not) require an applicant for a scheme 27
authority to have his or her photograph taken. 28
(2) However, the Authority must not require an applicant for a scheme 29
authority to have his or her photograph taken if the Authority is 30
satisfied: 31
(a) the applicant is under 16 years of age, or 32
(b) the applicant suffers from a significant facial disfigurement, or 33
(c) the applicant cannot attend a motor registry to be photographed 34
because of the severity of the applicant's disabilities. 35
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(3) For the purposes of making a determination under subclause (2) (b) 1
or (c), the Authority may require the applicant to provide supporting 2
documentation from a medical practitioner. 3
108 Purposes for which photographs may be kept and used (cf STM Reg, 4
cl 126H) 5
(1) A photograph of a person taken for the purposes of this Division may be 6
kept and used by the Authority only for one or more of the following 7
purposes: 8
(a) to reproduce the likeness of the person on a scheme authority, 9
(b) to assist in determining the identity of the person in connection 10
with an application for a new scheme authority, 11
(c) for the purpose of investigating the commission of, or conducting 12
criminal proceedings for, an offence concerning parking or a 13
scheme authority, 14
(d) any purpose for which a photograph to which Part 3.5 (Protection 15
of stored photographs) of the Act applies may be kept and used 16
by the Authority under that Part, 17
(e) any purpose for which a photograph to which Part 4 (Security 18
arrangements for photographs) of the Photo Card Act 2005 19
applies may be kept and used by the Authority under that Part. 20
(2) A photograph may be used for a purpose set out in this clause at the time 21
that the photograph is provided or taken or at any later time. 22
109 Release of photographs prohibited (cf STM Reg, cl 126I) 23
(1) The Authority must ensure that a photograph taken for the purposes of 24
this Division, and any photographic image or other matter contained in 25
any database of such photographs, is not released except: 26
(a) to the NSW Police Force, or 27
(b) to an authority of another jurisdiction or a foreign country that 28
has responsibility for issuing interstate or overseas authorities or 29
for the enforcement of parking offences, or 30
(c) for the purpose of the conduct of any criminal proceedings for an 31
offence concerning parking or a scheme authority, or 32
(d) to the Sheriff, for the purpose of any fine recovery proceedings, 33
or 34
(e) as provided under any other law, or 35
(f) to the person whose likeness is shown in the photograph or on the 36
database. 37
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(2) Any release authorised by subclause (1) (a)-(d) must be in accordance 1
with any protocol approved by the Privacy Commissioner. 2
Subdivision 5 Use of scheme authorities 3
110 Relaxation of parking restrictions (cf STM Reg, cl 126J) 4
Rule 206 of the Road Rules 2008 extends the period during which a 5
vehicle displaying a scheme authority may be parked on a road, or in an 6
area, to which a permissive parking sign applies when the vehicle is 7
being used for: 8
(a) the conveyance of the disabled person to whom the scheme 9
authority was issued, or 10
(b) the conveyance of disabled persons by the organisation to which 11
the scheme authority was issued. 12
111 Improper use of scheme authorities (cf STM Reg, cl 126K) 13
(1) A person in charge of a vehicle must not display a scheme authority in 14
or on the vehicle in contravention of any condition of the scheme 15
authority. 16
(2) The holder of a scheme authority must not permit another person to 17
have possession of, or access to, the scheme authority if the holder 18
suspects or should reasonably suspect that the other person will use the 19
scheme authority in contravention of any condition of the scheme 20
authority. 21
Maximum penalty: 20 penalty units. 22
112 Reproducing, copying, defacing, altering or destroying scheme 23
authorities (cf STM Reg, cl 126L) 24
A person must not, without the permission of the Authority, reproduce, 25
copy, deface, alter or destroy a scheme authority. 26
Maximum penalty: 20 penalty units. 27
113 Return of scheme authorities issued to individuals who have ceased to 28
be disabled persons (cf STM Reg, cl 126M) 29
An individual who holds a scheme authority and who ceases to be a 30
disabled person during the currency of the authority must, as soon as is 31
reasonably practicable after ceasing to be a disabled person, return the 32
scheme authority to the Authority. 33
Maximum penalty: 20 penalty units. 34
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114 Production and confiscation of scheme authorities (cf STM Reg, cl 126N) 1
(1) An authorised officer may direct the person in charge of a vehicle that 2
is displaying a scheme authority or an interstate or overseas authority 3
(or a document or other thing that purports to be such an authority) to 4
remove the authority, document or thing from the vehicle and give it to 5
the officer if: 6
(a) the vehicle is stopped in a parking area for people with 7
disabilities (within the meaning of rule 203 of the Road Rules 8
2008), or 9
(b) the vehicle is parked contrary to a permissive parking sign. 10
(2) An authorised officer to whom a scheme authority is given may do any 11
one or more of the following: 12
(a) inspect the scheme authority, 13
(b) request and inspect the identification of the person in charge of 14
the vehicle for the purpose of confirming that person's identity, 15
(c) if the authorised officer has reasonable grounds to suspect that 16
the scheme authority: 17
(i) is not being used by the holder of the scheme authority, or 18
(ii) is being used contrary to the conditions of the scheme 19
authority, or 20
(iii) has expired, 21
confiscate the scheme authority. 22
(3) If a scheme authority is confiscated under this clause, the Authority 23
must determine whether to revoke the scheme authority in accordance 24
with clause 116. 25
(4) A person to whom a direction is given under subclause (1) must 26
immediately comply with that direction. 27
Maximum penalty: 20 penalty units. 28
(5) In this clause, authorised officer means: 29
(a) a police officer, or 30
(b) an authorised officer within the meaning of Division 2 of Part 7 31
(other than an officer referred to in Schedule 4 as a Class 3 officer 32
or a Class 4 officer). 33
Subdivision 6 Expiry and revocation of scheme authorities 34
115 Expiry of scheme authorities (cf STM Reg, cl 126O) 35
(1) A scheme authority expires at the end of the day that is specified on the 36
scheme authority as the expiry date for the authority. 37
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(2) The Authority may, by written notice given to the holder of an expired 1
scheme authority, require the holder of the expired scheme authority to 2
return it to the Authority. 3
Note. Section 276 of the Act makes provision for how notices to individuals and 4
corporations under this Regulation may be given or served by the Authority. 5
Clause 8 makes provision for how notices to unincorporated associations for the 6
purposes of this Division may be given or served by the Authority. 7
(3) If a notice referred to in subclause (2) is given in relation to an expired 8
scheme authority: 9
(a) where the holder of the expired scheme authority is an individual 10
or an organisation that is incorporated--the individual or 11
organisation must immediately return it to the Authority as soon 12
as is reasonably practicable after receiving the notice, or 13
(b) where the holder of the expired scheme authority is an 14
organisation that is unincorporated--the person in possession of 15
the expired authority must immediately return it to the Authority 16
as soon as is reasonably practicable after becoming aware that the 17
notice has been given. 18
Maximum penalty (subclause (3)): 20 penalty units. 19
116 Revocation of scheme authorities (cf STM Reg, cl 126P) 20
(1) The Authority may at any time revoke a scheme authority: 21
(a) for a failure to comply with the conditions of the scheme 22
authority, or 23
(b) for any other misuse of the scheme authority, or 24
(c) for a failure by the holder of the scheme authority to comply with 25
a requirement of the Authority under clause 104 or 105, or 26
(d) for any other reason. 27
(2) If the Authority decides to revoke a scheme authority, the Authority 28
must give the holder of the scheme authority written notice of: 29
(a) the reasons for the proposed revocation, and 30
(b) the action (if any) that must be taken by the holder of the scheme 31
authority in order to avoid or reverse the revocation, and 32
(c) the right of the holder to appeal to the Local Court against the 33
decision to revoke the scheme authority, and 34
Note. See Part 7.8 of the Act and clause 130 with respect to appeals to 35
the Local Court against revocations of scheme authorities. 36
(d) the date after service of the notice on which the revocation takes 37
effect. 38
Note. Section 276 of the Act makes provision for how notices to individuals and 39
corporations under this Regulation may be given or served by the Authority. 40
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Clause 8 makes provision for how notices to unincorporated associations for the 1
purposes of this Division may be given or served by the Authority. 2
(3) A notice under subclause (2) must also state that the holder of the 3
scheme authority will no longer be authorised to use the scheme 4
authority on its revocation. 5
(4) A scheme authority is revoked in accordance with the terms of a notice 6
given under this clause unless the Authority, by further written notice to 7
the holder of the scheme authority, withdraws the notice. 8
(5) The Authority may decide to revoke a scheme authority without the 9
holder of the scheme authority having been provided with an 10
opportunity to show cause why the scheme authority should not be 11
revoked. 12
(6) If a scheme authority is revoked: 13
(a) where the holder of the revoked scheme authority is an individual 14
or an organisation that is incorporated--the individual or 15
organisation must return it to the Authority as soon as is 16
reasonably practicable after the revocation, or 17
(b) where the holder of the revoked scheme authority is an 18
organisation that is unincorporated--the person in possession of 19
the scheme authority must return it to the Authority as soon as is 20
reasonably practicable after becoming aware of the revocation. 21
Maximum penalty: 20 penalty units. 22
(7) If a scheme authority has been confiscated under clause 114 and the 23
Authority decides not to revoke the scheme authority under this clause, 24
the Authority must return the scheme authority to its holder as soon as 25
is reasonably practicable. 26
Part 7 Compliance and enforcement 27
Division 1 Criminal responsibility 28
117 Determination of criminal responsibility (cf Gen Reg, cl 178; STM Reg, 29
cl 153A (1)-(3)) 30
(1) Application of Commonwealth Criminal Code 31
Subject to this clause, Chapter 2 of the Criminal Code set out in the 32
Schedule to the Criminal Code Act 1995 of the Commonwealth (the 33
Commonwealth Criminal Code) applies to an offence against this 34
Regulation as if the Chapter were in force as a law of New South Wales. 35
Note. Chapter 2 of the Commonwealth Criminal Code codifies the general 36
principles of criminal responsibility. 37
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(2) Offences are strict liability offences 1
An offence against this Regulation is a strict liability offence for the 2
purposes of Chapter 2 of the Commonwealth Criminal Code (as applied 3
by subclause (1)), except where this Regulation expressly provides 4
otherwise. 5
(3) General defence of accident or reasonable effort 6
Without limiting any defence under Chapter 2 of the Commonwealth 7
Criminal Code (as applied by subclause (1)), a person is not liable to a 8
penalty for any offence against this Regulation if the person proves to 9
the satisfaction of the court dealing with the case that the offence: 10
(a) was the result of an accident, or 11
(b) could not have been avoided by any reasonable efforts on the 12
person's part. 13
118 Operation of Crimes (Sentencing Procedure) Act 1999 not affected 14
Nothing in this Regulation affects the application of the Crimes 15
(Sentencing Procedure) Act 1999 in relation to this Regulation 16
(particularly, Divisions 4 and 5 of Part 2 of that Act). 17
Note. Divisions 4 and 5 of Part 2 of the Crimes (Sentencing Procedure) Act 18
1999 contain provisions relating to how offence provisions are to be interpreted. 19
For instance, section 17 of that Act defines the amount of a penalty unit. 20
Similarly, section 18 of that Act sets out rules for interpreting provisions in 21
legislation that impose penalties. 22
119 No double jeopardy for offence against this Regulation and the Road 23
Rules 2008 (cf STM Reg, cl 153B) 24
If an act or omission constitutes an offence against this Regulation and 25
the Road Rules 2008, the offender is not liable to be punished twice in 26
respect of the offence. 27
120 Prescribed ground of exculpation in relation to average speed detection: 28
section 129 (2) of Act (cf STM Reg, cl 160A) 29
(1) It is a prescribed ground of exculpation for the purposes of 30
section 129 (2) of the Act in relation to a driver of a heavy vehicle (the 31
driver concerned) involved in a speeding offence if: 32
(a) any other driver of the heavy vehicle: 33
(i) has been convicted, or found guilty, of the speeding 34
offence, or 35
(ii) has paid the whole or any part of the penalty specified in a 36
penalty notice issued to the other driver in respect of the 37
speeding offence, or 38
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(iii) has not paid the penalty specified in a penalty notice issued 1
to the other driver in respect of the speeding offence, has 2
not elected to have the matter dealt with by a court and the 3
time for the other driver to have the matter so dealt with 4
has lapsed, and 5
(b) the driver concerned gives the State Debt Recovery Office a 6
statutory declaration made by the driver that states that the driver 7
obeyed all of the speed limits that applied to the driver while he 8
or she was the driver of the vehicle. 9
(2) A reference to speed limits in subclause (1) (b) does not include an 10
average speed limit calculated in accordance with Division 3 of Part 5.3 11
of the Act. 12
Division 2 Penalty notice offences 13
121 Definitions (cf Gen Reg, cl 168) 14
(1) In this Division and Schedule 5: 15
authorised officer means an officer of a class referred to in Schedule 4, 16
being a person who satisfies the criteria specified in that Schedule in 17
respect of an officer of that class. 18
average speed detection zone means a length of road to which an 19
average speed detection zone sign applies, being a length of road 20
beginning at an average speed detection zone sign and ending 21
300 metres along the length of road in the direction driven by a driver 22
on the road who faces the sign before passing it. 23
average speed detection zone sign means a traffic sign bearing the 24
words "AVERAGE SPEED". 25
class A motor vehicle means: 26
(a) a motor vehicle with a GVM not exceeding 4.5 tonnes, or 27
(b) a motor vehicle and trailer combination with a GCM not 28
exceeding 4.5 tonnes. 29
class B motor vehicle means: 30
(a) a motor vehicle with a GVM exceeding 4.5 tonnes but not 31
exceeding 12 tonnes, or 32
(b) a motor vehicle and trailer combination with a GCM exceeding 33
4.5 tonnes but not exceeding 12 tonnes. 34
class C motor vehicle means: 35
(a) a motor vehicle with a GVM exceeding 12 tonnes, or 36
(b) a motor vehicle and trailer combination with a GCM exceeding 37
12 tonnes. 38
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heavy motor vehicle means: 1
(a) a motor vehicle with a GVM exceeding 13.9 tonnes, or 2
(b) a motor vehicle and trailer combination with a GCM exceeding 3
13.9 tonnes. 4
Safe-T-Cam sign means a traffic sign bearing the words 5
"SAFE-T-CAM MANAGING SPEED AND FATIGUE". 6
Safe-T-Cam zone means a length of road to which a Safe-T-Cam sign 7
applies, being a length of road beginning at a Safe-T-Cam sign and 8
ending 300 metres along the length of road in the direction driven by a 9
driver on the road who faces the sign before passing it. 10
(2) The persons referred to in Schedule 4 are prescribed as authorised 11
officers for the purposes of paragraph (c) of the definition of authorised 12
officer in section 4 (1) of the Act, but only in relation to the functions 13
conferred on authorised officers by section 195 of the Act. 14
(3) Words and expressions that are used in Schedule 4 in connection with a 15
provision of an Act or instrument have the same meanings in that 16
Schedule as they have in that provision. 17
122 Penalty notice offences (cf Gen Reg, cl 169) 18
(1) For the purposes of section 195 of the Act: 19
(a) each offence: 20
(i) that is created by a provision specified in Column 1 of 21
Schedule 5, and 22
(ii) for which an amount of penalty is specified in Column 3 of 23
Schedule 5, 24
is declared to be a penalty notice offence, and 25
(b) the authorised officers for such an offence are officers of the class 26
or classes specified in relation to the offence in Column 2 of 27
Schedule 5, and 28
(c) subject to subclause (2), the prescribed penalty for such an 29
offence is the amount of penalty specified in relation to the 30
offence in Column 3 of Schedule 5. 31
(2) The amount of the prescribed penalty for a camera recorded offence of 32
a kind referred to in section 184 (2) of the Act of which a corporation is 33
taken to be guilty under section 184 (1) of the Act is 5 times the amount 34
specified in Schedule 5 as the penalty amount for the offence unless a 35
lesser amount is specified in that Schedule for the offence when it is 36
committed by a corporation. 37
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(3) If the reference to a provision in Column 1 of Schedule 5 is qualified by 1
words that restrict its operation to specified kinds of offences or to 2
offences committed in specified circumstances, an offence created by 3
the provision is a penalty notice offence only if it is an offence of a kind 4
so specified or is committed in the circumstances so specified. 5
(4) Despite subclause (1) (b): 6
(a) an authorised officer who is an officer or employee of a council 7
may exercise the functions of an authorised officer only within 8
the local government area of that council, and 9
(b) an authorised officer who is an officer or employee of a declared 10
organisation may exercise the functions of an authorised officer 11
only within the area of operations of that organisation. 12
(5) Subclause (4) does not prevent an authorised officer who is an officer 13
or employee of a council or declared organisation from exercising the 14
functions of an authorised officer: 15
(a) in the local government area of some other council, or 16
(b) in the area of operations of some other declared organisation, 17
under an arrangement entered into between the bodies concerned in 18
relation to the exercise of those functions within those areas. 19
Note. Subclause (1) (b) prescribes those persons who are to be authorised 20
officers for the purposes of section 195 of the Act (that is, those persons who 21
may issue penalty notices for the penalty notice offences prescribed by 22
subclause (1) (a)). Under section 195 (1), police officers are empowered to 23
issue penalty notices for all such offences. 24
123 Penalty levels (cf Gen Reg, cl 170) 25
For the purposes of this Regulation, penalty amounts are expressed in 26
terms of the following levels: 27
Level 1 means a penalty of $66. 28
Level 2 means a penalty of $99. 29
Level 2A means a penalty of $105. 30
Level 3 means a penalty of $165. 31
Level 3A means a penalty of $173. 32
Level 4 means a penalty of $232. 33
Level 4A means a penalty of $243. 34
Level 5 means a penalty of $298. 35
Level 5A means a penalty of $313. 36
Level 6 means a penalty of $397. 37
Level 6A means a penalty of $417. 38
Level 7 means a penalty of $496. 39
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Level 7A means a penalty of $521. 1
Level 8 means a penalty of $596. 2
Level 8A means a penalty of $626. 3
Level 9 means a penalty of $762. 4
Level 9A means a penalty of $799. 5
Level 10 means a penalty of $960. 6
Level 10A means a penalty of $1,008. 7
Level 11 means a penalty of $1,191. 8
Level 11A means a penalty of $1,251. 9
Level 12 means a penalty of $1,258. 10
Level 12A means a penalty of $1,321. 11
Level 13 means a penalty of $1,556. 12
Level 14 means a penalty of $2,052. 13
Level 14A means a penalty of $2,154. 14
Level 15 means a penalty of $2,187. 15
Level 15A means a penalty of $2,296. 16
Level 16 means a penalty of $3,111. 17
Level 16A means a penalty of $3,267. 18
Level 17 means a penalty of $3,374. 19
Level 17A means a penalty of $3,543. 20
Note. "A" numbers are used in relation to motor vehicle speeding offences 21
against Rule 20 of the Road Rules 2008. 22
124 Offence--unlawful destruction of penalty notices (cf Gen Reg, cl 171) 23
A person must not, without lawful excuse, remove or deface, destroy or 24
otherwise damage any penalty notice left on or attached to a motor 25
vehicle or trailer under Division 3 of Part 7.3 of the Act. 26
Maximum penalty: 20 penalty units. 27
Part 8 Appeals 28
Division 1 Preliminary 29
125 Definitions (cf Gen Reg, cl 11) 30
In this Part: 31
examiner's authority has the same meaning as in the Road Transport 32
(Vehicle Registration) Regulation 2007. 33
proprietor's authority has the same meaning as in the Road Transport 34
(Vehicle Registration) Regulation 2007. 35
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Division 2 Additional appealable decisions 1
126 Driver licensing decisions (cf Gen Reg, cll 18 (1) and (3) and 25 (2)) 2
Each of the following classes of decisions is prescribed for the purposes 3
of paragraph (l) of the definition of appealable decision in 4
section 266 (1) of the Act: 5
(a) a decision of the Authority not to take into account, under 6
clause 41 (3) of the Road Transport (Driver Licensing) 7
Regulation 2008, some or all of the period that a person has held 8
a licence to drive a motor vehicle in another jurisdiction or 9
another country, 10
(b) a decision of the Authority to vary a person's driver licence under 11
clause 47 or 55 of the Road Transport (Driver Licensing) 12
Regulation 2008, 13
(c) a decision of the Authority to suspend or cancel a person's driver 14
licence under clause 24, 29 or 55 of the Road Transport (Driver 15
Licensing) Regulation 2008, 16
(d) a decision of the Authority, based on an opinion formed by the 17
Authority under clause 99 (4) (f) or (g) of the Road Transport 18
(Driver Licensing) Regulation 2008, that a person has ceased to 19
be exempt from the requirements of the driver licensing law, 20
(e) a decision of the Authority to revoke an approval (within the 21
meaning of Part 10 (Interlock driver licences and devices) of the 22
Road Transport (Driver Licensing) Regulation 2008) of a person. 23
127 Vehicle registration decisions (cf Gen Reg, cll 13 (1), 15 (1), 28 (1) (a) and (6) 24
and 29B (1)) 25
Each of the following classes of decisions is prescribed for the purposes 26
of paragraph (l) of the definition of appealable decision in 27
section 266 (1) of the Act: 28
(a) a decision of the Authority under the Road Transport (Vehicle 29
Registration) Regulation 2007 to refuse to issue an examiner's 30
authority or a proprietor's authority to a person or to suspend or 31
cancel such an authority of a person (being a decision notified to 32
the person under clause 64 of that Regulation), 33
(b) a decision of the Authority to suspend the operation of clause 9 34
or 11 of Schedule 1 to the Road Transport (Vehicle Registration) 35
Regulation 2007 in relation to a registrable vehicle, 36
(c) any of the following decisions of the Authority under Part 5A of 37
the Road Transport (Vehicle Registration) Regulation 2007: 38
(i) a decision to cancel a compliance certificate, 39
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(ii) a decision to refuse an application for a certifier's licence 1
or for the renewal or variation of a certifier's licence (but 2
not a decision to refuse an application for a licence on the 3
ground that the Authority is of the opinion that the person 4
is not a fit and proper person to hold such a licence), 5
(iii) a decision to cancel or suspend a certifier's licence or vary 6
a certifier's licence or the term of a certifier's licence (but 7
not a decision to impose or vary a condition on all 8
certifier's licences or a decision under clause 76AK of that 9
Regulation to immediately suspend a certifier's licence), 10
(d) a decision of the Authority under the Road Transport (Vehicle 11
Registration) Regulation 2007 to vary, suspend or cancel a 12
registered operator's accreditation under an accreditation scheme 13
under Division 6 of Part 5 of that Regulation (being a decision the 14
internal review of which has been finalised under clause 76 of 15
that Regulation). 16
128 Mass Management Accreditation Scheme decisions (cf Gen Reg, 17
cl 28 (1) (b) and (6)) 18
A decision of the Authority under the Road Transport (Mass, Loading 19
and Access) Regulation 2005 to vary, suspend or cancel a registered 20
operator's or vehicle's accreditation under the Mass Management 21
Accreditation Scheme under Part 6 of that Regulation is prescribed for 22
the purposes of paragraph (l) of the definition of appealable decision in 23
section 266 (1) of the Act (being a decision the internal review of which 24
has been finalised under clause 72 of that Regulation). 25
129 Heavy vehicle driver fatigue decisions (cf Gen Reg, cl 140 (1)) 26
A decision of the Authority to which Subdivision 3 of Division 6 of 27
Part 6 of the Road Transport (Vehicle and Driver Management) 28
Regulation 2005 applies is prescribed for the purposes of paragraph (l) 29
of the definition of appealable decision in section 266 (1) of the Act. 30
130 Mobility parking scheme decisions (cf Gen Reg, cl 29A (1)) 31
A decision of the Authority to revoke a mobility parking scheme 32
authority of a person is prescribed for the purposes of paragraph (l) of 33
the definition of appealable decision in section 266 (1) of the Act. 34
131 Decisions excluded from definition of "appealable decision" (cf Gen Reg, 35
cl 18 (1) (b) and (2)) 36
For the purposes of section 266 (3) (b) of the Act, each of the following 37
decisions is excluded from the definition of appealable decision in that 38
section: 39
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(a) a decision of the Authority made on the basis of the ground 1
referred to in clause 46 (2) (d) of the Road Transport (Driver 2
Licensing) Regulation 2008, 3
(b) a decision of the Authority to cancel a person's interlock driver 4
licence under the Road Transport (Driver Licensing) Regulation 5
2008. 6
Division 3 Notification of appeal rights and giving of reasons 7
concerning driver licensing decisions 8
132 Definition 9
In this Division: 10
affected driver means any of the following: 11
(a) an applicant for a driver licence, 12
(b) the holder of an Australian driver licence, 13
(c) the holder of a foreign driver licence (within the meaning of 14
Part 5.1 of the Act). 15
133 Notification of appeal rights with respect to certain driver licensing 16
decisions (cf Gen Reg, cl 17) 17
If an affected driver is eligible to appeal to the Local Court under 18
Part 7.8 of the Act against a decision of the Authority made under the 19
driver licensing law, the Authority must notify the affected driver of the 20
driver's right to appeal at the time that the Authority notifies the driver 21
of its decision. 22
134 Affected driver entitled to be given reasons on request (cf Gen Reg, cl 19) 23
(1) An affected driver who is entitled to appeal to the Local Court under 24
Part 7.8 of the Act against a decision of the Authority made under the 25
driver licensing law may apply to the Authority for written reasons for 26
the decision. 27
(2) Within 14 days after receiving an application under this clause, the 28
Authority must provide to the applicant: 29
(a) a written statement of the decision and written reasons for the 30
decision, and 31
(b) information as to the identity or position in the Authority of the 32
person who made the decision. 33
(3) An application for reasons may be made before or during the period in 34
which an affected driver may lodge a notice of appeal under section 267 35
of the Act. 36
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(4) An affected person cannot make an application under this clause if the 1
Authority has already provided the person with the details referred to in 2
subclause (2). 3
Division 4 Stays and adjournments 4
135 Stay of certain appealable decisions pending appeal (cf Gen Reg, cll 21 and 5
24) 6
(1) A relevant decision for the purposes of this clause is any of the 7
following kinds of decision: 8
(a) a decision of a police officer to give an immediate licence 9
suspension notice, 10
(b) a decision of the Authority to suspend, vary or cancel a driver 11
licence under the Act on any ground other than medical unfitness 12
or incompetence to drive a motor vehicle, 13
(c) a decision of the Authority that an exemption under the Act from 14
a requirement to hold a driver licence no longer applies to a 15
person, 16
(d) a decision of the Authority of the kind referred to in 17
clause 127 (c), 18
(e) a decision of the Authority to suspend or cancel an examiner's 19
authority or proprietor's authority, 20
(f) a decision of the Authority under the Road Transport (Vehicle 21
Registration) Regulation 2007 to cancel a registered operator's 22
accreditation under an accreditation scheme within the meaning 23
of that Regulation, 24
(g) a decision of the Authority under Part 6 of the Road Transport 25
(Mass, Loading and Access) Regulation 2005 to cancel a 26
registered operator's or vehicle's accreditation under the Mass 27
Management Accreditation Scheme within the meaning of that 28
Regulation. 29
(2) If a person appeals to the Local Court against a relevant decision, the 30
decision has effect: 31
(a) only if the Local Court hearing the appeal confirms the decision 32
or the appeal is withdrawn, and 33
(b) subject to any variation of the decision by the Local Court, and 34
(c) on and from the date on which the Local Court confirms the 35
decision or on such later date as the Local Court may order or, if 36
the appeal is withdrawn, on the date on which it is withdrawn. 37
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(3) If a person appeals to the Local Court against a decision of a police 1
officer to give the person a suspension notice under section 224 of the 2
Act, the Local Court may make an order staying the decision, but only 3
in exceptional circumstances. 4
(4) In determining exceptional circumstances for the purposes of 5
subclause (3), the Local Court is to take into account each of the 6
following: 7
(a) the strength of the prosecution evidence, 8
(b) the affected person's need for a licence, 9
(c) the potential danger to the community if an order is made, 10
(d) any other matter that the Local Court considers to be relevant. 11
136 Adjournment of certain proceedings (cf Gen Reg, cll 20 (5) and 23 (4)) 12
(1) If in any appeal concerning a decision of the Authority about a licence 13
it appears to the Local Court that: 14
(a) the licence is affected by another decision of the Authority as 15
well as the one under appeal in those proceedings, and 16
(b) the appellant has commenced or intends to commence appeal 17
proceedings under the Act in respect of that other decision, 18
the Court may adjourn the appeal proceedings pending hearing of that 19
other appeal or so that both appeals may be heard together. 20
(2) If in any appeal concerning a decision of a police officer to issue a 21
suspension notice under section 224 of the Act it appears to the Court 22
that: 23
(a) the licence of the appellant is affected by a decision of the 24
Authority as well, and 25
(b) the appellant has commenced or intends to commence appeal 26
proceedings under the Act in respect of that other decision, 27
the Court may adjourn the appeal proceedings pending hearing of that 28
other appeal or so that both appeals may be heard together. 29
Division 5 Determination of certain appeals 30
137 Additional matters that Local Court may take into account in suspension 31
notice appeals (cf Gen Reg, cl 16 (4)) 32
The Local Court may, in determining an appeal against the suspension 33
of registration of a motor vehicle under section 243 of the Act, take into 34
account whether or not the registered operator of the motor vehicle: 35
(a) knew, or could reasonably be expected to have known, that the 36
motor vehicle had been used or was likely to be used in 37
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connection with a sanctionable offence within the meaning of 1
Part 7.6, or 2
(b) knew, or could reasonably be expected to have known, that a 3
suspension warning notice had been given in respect of the 4
vehicle, or 5
(c) had consented to the use of the vehicle or had taken all reasonable 6
steps to prevent any person using the vehicle without consent. 7
138 Document that may be used in examiner's and proprietor's authorities 8
appeals (cf Gen Reg, cl 13 (6)) 9
A report furnished under clause 63 of the Road Transport (Vehicle 10
Registration) Regulation 2007 to the Authority, and certified by the 11
Authority to have been so furnished, is to be admitted in evidence in 12
proceedings before the Local Court in respect of an appeal in relation to 13
a decision of the class referred to in clause 127 (a) as evidence of the 14
contents of the report. 15
139 Determination of driver licence suspension appeals involving death or 16
grievous bodily harm (cf Gen Reg, cl 20 (2) and (3)) 17
(1) The Local Court may allow an appeal against a decision to suspend a 18
person's driver licence under the Road Transport (Driver Licensing) 19
Regulation 2008 on the grounds referred to in clause 55 (2) of that 20
Regulation only if the Court is satisfied: 21
(a) that there is nothing in the person's medical condition to suggest 22
that the person is, or will again become, incapable of controlling 23
a motor vehicle, and 24
(b) that the incident that led to the suspension of the licence: 25
(i) was caused by something other than the person's medical 26
condition at the time, or 27
(ii) was caused by the person's medical condition at that time, 28
being a condition to which the person is no longer subject. 29
(2) The fact that a person has been acquitted of an offence arising out of the 30
incident that led to the suspension of the person's driver licence, 31
following the person's allegation that the incident was caused by the 32
person's medical condition at that time, is irrelevant to the Local 33
Court's consideration of the matters referred to in subclause (1) (b). 34
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Part 9 Miscellaneous 1
140 Delegation of Authority's licensing and registration functions 2
(1) For the purposes of section 273 (1) (b) of the Act, the following persons 3
(or classes of persons) are prescribed with respect to the delegation of 4
any or all of the licensing and registration functions of the Authority: 5
(a) a statutory corporation or an officer or employee of a statutory 6
corporation, 7
(b) the holder of a statutory office, 8
(c) a member of staff of the Government Service, 9
(d) a local council or an officer or employee of a local council, 10
(e) any other person who, in the opinion of the Authority, has 11
appropriate qualifications for the exercise of the function to be 12
delegated. 13
(2) The licensing and registration functions of the Authority are: 14
(a) the functions of the Authority under Chapter 3 of the Act and the 15
Road Transport (Driver Licensing) Regulation 2008, and 16
(b) the functions of the Authority under Chapter 4 of the Act and the 17
Road Transport (Vehicle Registration) Regulation 2007. 18
141 Fees for information from records of Authority (cf Gen Reg, cl 175) 19
(1) The Authority may issue information from its records (including a 20
certificate under section 257 of the Act) on the payment of the fee 21
prescribed by Schedule 1. 22
(2) The Authority may waive the fee referred in subclause (1) if it is 23
satisfied that the payment of the fee would result in undue hardship to 24
the person seeking access to information. 25
142 Prescribed speeding offences (cf Gen Reg, cl 172) 26
The following offences are prescribed for the purposes of the definition 27
of prescribed speeding offence in section 4 (1) of the Act: 28
(a) in relation to section 204 (4) (a) of the Act--a speeding offence 29
within the meaning of rule 10-2 of the Road Rules 2008, or 30
(b) in relation to section 216 (1) (a) (ii) of the Act--a speeding 31
offence within the meaning of rule 10-2 of the Road Rules 2008 32
committed in the circumstances referred to in rule 10-2 (3) of 33
those Rules. 34
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143 Removal of unattended vehicles: section 143 (cf STM Reg, cl 155) 1
(1) The following are prescribed for the purposes of the definition of 2
prescribed place in section 143 (12) of the Act: 3
(a) a bus lane within the meaning of the Road Rules 2008, 4
(b) a freeway within the meaning of the Road Rules 2008, 5
(c) a T-Way lane within the meaning of the Road Rules 2008, 6
(d) a length of road to which a clearway sign applies as referred to in 7
rule 176 of the Road Rules 2008, 8
(e) a transit lane within the meaning of the Road Rules 2008. 9
(2) For the purposes of section 143 of the Act, the prescribed tow-away 10
charge is $180. 11
144 Removal of dangers and obstructions to traffic (cf STM Reg, cl 157) 12
For the purposes of section 142 (3) of the Act, the general manager of a 13
council of a local government area is a prescribed person in relation to 14
the issue of a certificate referred to in that subsection. 15
145 Offence--failure to comply with order, notice, direction, requirement or 16
request (cf Gen Reg, cl 176; STM Reg, cl 158) 17
(1) A person who fails, without reasonable excuse, to comply with any 18
order, notice, direction, requirement or request given or made to the 19
person under this Regulation or the Road Rules 2008 is guilty of an 20
offence. 21
Maximum penalty: 20 penalty units. 22
(2) A person is not liable to be punished for an offence against 23
subclause (1) for a failure to comply with an order, notice, direction, 24
requirement or request given or made to the person under this 25
Regulation or the Road Rules 2008 if the person is liable to be punished 26
for an offence in respect of the same failure to comply under another 27
provision of this Regulation or the Road Rules 2008. 28
Note. The offence in clause 89 (2) is an example of an offence to which 29
subclause (2) above might apply. 30
146 Offence--false or misleading information (cf Gen Reg, cl 177; STM Reg, 31
cl 159) 32
A person must not, in purported compliance with any provision of this 33
Regulation or the Road Rules 2008, provide information that the person 34
knows to be false or misleading in a material particular. 35
Maximum penalty: 20 penalty units. 36
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147 Certain provisions not to apply to light rail vehicles (cf STM Reg, cl 160) 1
Any provision of this Regulation with which a driver of a light rail 2
vehicle could not reasonably comply (having regard to the fixed tracks 3
on which a light rail vehicle travels, the route taken by those tracks and 4
other exigencies of that method of travel) is taken not to apply to the 5
driver. 6
148 Savings and transitional provisions 7
(1) In this clause, the former regulations are: 8
(a) the Road Transport (General) Regulation 2005 as in force 9
immediately before the commencement of this Regulation, and 10
(b) the Road Transport (Safety and Traffic Management) Regulation 11
1999 as in force immediately before the commencement of this 12
Regulation. 13
(2) Any act, matter or thing that, immediately before the commencement of 14
this Regulation, had effect under a provision of the former regulations 15
continues to have effect under this Regulation in relation to any 16
provision of this Regulation that corresponds (or substantially 17
corresponds) with the provision in the former regulations. 18
(3) Without limiting subclause (2), any authority, order, notice, declaration, 19
exemption, approval, authorisation, appointment, guidelines, permit or 20
permission given, made or granted by a person that was in force or in 21
effect under a provision of the former regulations (the former 22
provision) continues in force or in effect (subject to any relevant 23
conditions to which it was subject) under the provision (if any) of this 24
Regulation that corresponds (or substantially corresponds) with the 25
former provision until it is repealed, revoked or replaced under this 26
Regulation. 27
Schedule 1 Fees 28
(Clauses 5, 48 and 141) 29
Fee category Provision Amount
prescribing fee payable
($)
1 Access to information contained in database of clause 5 (1) 20
declarations and orders maintained under
section 22 of the Act
2 Daily storage fee for an impounded motor clause 48 19
vehicle under section 250 of the Act
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Fee category Provision Amount
prescribing fee payable
($)
3 Issue of information from records of the clause 141 20
Authority (including certificates and other
documents issued under section 257 of the Act)
Schedule 2 Declared organisations 1
(Clause 3 (1)) 2
Column 1 Column 2 Column 3
Declared Area of operations Responsible
organisation Minister
Centennial Park Centennial Park (being that part of Woollahra,
and Moore Park Waverley, Randwick and Sydney bounded by, but not
Trust including, Oxford Street, York Road, Darley Road,
Alison Road, Dacey Avenue, South Dowling Street,
Flinders Street and Moore Park Road).
Moore Park (being that part of Randwick and Sydney
south of Dacey Avenue and bounded by, but not
including, Dacey Avenue, Anzac Parade and South
Dowling Street).
Charles Sturt Bathurst campus (being that part of Bathurst bounded
University by, but not including, Panorama Avenue, Browning
Street and Research Station Drive).
Albury City campus (being that part of Albury
bounded by, but not including, Olive Street, Wilson
Street, David Street and Guinea Street).
Thurgoona campus (being that part of Albury
bounded by, but not including, Old Sydney Road,
Thurgoona Drive, Shutter Avenue and Elizabeth
Mitchell Drive).
Wagga Wagga agricultural campus (being that part of
Wagga Wagga bounded by, but not including, Farrer
Road, Boorooma Street, Estella Road and Pine Gully
Road).
Wagga Wagga city campus (being that part of Wagga
Wagga bounded by Fernleigh Road, Hely Avenue,
Charleville Road and Urana Street).
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Column 1 Column 2 Column 3
Declared Area of operations Responsible
organisation Minister
Darling Harbour The Darling Harbour Development Area (being that
Authority part of Sydney bounded by, but not including, King
Street, Sussex Street, Harbour Street, Hay Street,
Ultimo Road, Darling Drive, Pier Street, Harris Street,
Allen Street and Murray Street).
Hunter New Rankin Park campus (being Lots 1, 2 and 4,
England Local DP 839929 and Lots 131 and 132, DP 1053492).
Health District
James Fletcher Hospital (being Lot 1, DP 10969317
and Lot 10, DP 1087691).
Belmont Hospital (being Lots 12 and 13, DP 848759).
Wallsend campus (being Lot 1, DP 330699; Lots 11,
12 and 16, DP 13487 and Lots A, C, D, E and F,
DP 312480).
Maitland Hospital (being Lots 1 and 3, DP 375615;
Lots 1-4, DP 154695; Lots 2 and 6, DP 37290; Lots
380-382, DP 538296; Lot 1, DP 198235; Lot 1,
DP 198328; Lots 17 and 18, DP 746311 and part Lot
138, DP 755237 (comprising the land in Conveyance
Book 4537 No 172)).
Waratah campus (being Lot 3, DP 852177).
Tamworth Base Hospital (being Lots 1, 99 and 335,
DP 753848).
Macquarie Marsfield campus (being that part of Marsfield
University bounded by, but not including, Epping Road, Herring
Road, Talavera Road, Culloden Road, Balaclava
Road, Vimiera Road, Waterloo Road and Marsfield
Park).
Venues NSW Trust land within the meaning of the former
Parramatta Stadium Trust Act 1988 (as in force
immediately before its repeal) except for lots 951,
958, 959, 960 and 965 in the plan filed in the office of
the Registrar-General as Deposited Plan 42643.
Royal Botanic The Royal Botanic Gardens and The Domain (being
Gardens and those parts of the Trust lands, within the meaning of
Domain Trust the Royal Botanic Gardens and Domain Trust Act
1980, that are described in Parts 1 and 2 of Schedule 2
to that Act, and including Art Gallery Road, Mrs
Macquaries Road and Hospital Road).
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Column 1 Column 2 Column 3
Declared Area of operations Responsible
organisation Minister
Sydney Harbour The Rocks area of Sydney, comprising the following
Foreshore streets:
Authority
(a) Cumberland Street (between Grosvenor Street
and George Street),
(b) Gloucester Street (between the Cahill
Expressway and Cumberland Street),
(c) Harrington Street (between Grosvenor Street
and Argyle Street),
(d) Essex Street (between George Street and
Cumberland Street),
(e) Argyle Street (between George Street and
Cumberland Street),
(f) George Street (between Globe Street and
Cumberland Street),
(g) Hickson Road (between Campbells Cove and
Hickson Road Reserve),
(h) Globe Street (between George Street and
Harrington Street),
(i) Atherden Street (between George Street and
Gloucester Walk),
(j) Playfair Street (between Argyle Street and
Atherden Street),
(k) Kendall Lane (between Argyle Street and Mill
Lane),
(l) Mill Lane (between George Street and Playfair
Street),
(m) Gloucester Walk (between George Street and
Argyle Street),
(n) Cambridge Street (between Argyle Street and
the intersection of Harrington Street and
Gloucester Street),
(o) Nurses Walk (between Globe Street and Suez
Canal),
(p) Suez Canal (between Harrington Street and
George Street).
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Column 1 Column 2 Column 3
Declared Area of operations Responsible
organisation Minister
The Pyrmont Area of Sydney, comprising the
following streets:
(a) Murray Street (between Union Street and
Pirrama Road),
(b) Pirrama Road (between Murray Street and
Harris Street),
(c) Darling Island (to its connection with Jones
Bay Road),
(d) Point Street (between Bowman Street and John
Street),
(e) Bowman Street (between Cross Street and
Point Street),
(f) Cross Street (between Bowman Street and
Scott Street),
(g) Scott Street (between Harris Street and Cross
Street).
Sydney Olympic Sydney Olympic Park within the meaning of the
Park Authority Sydney Olympic Park Authority Act 2001.
University of Armidale campus (being that part of Armidale
New England comprising the roads indicated on the maps marked
"University of New England-Parking Scheme Area
of Operations" and dated 23 February 2001 that have
been lodged with the Authority before that date by the
University of New England and that are available for
inspection at each vehicular entrance to the Armidale
Campus of the University of New England).
University of Callaghan campus (being that part of Newcastle
Newcastle bounded by, but not including, University Drive,
Highway Route 123, the main Northern Rail line and
the Steelworks golf course).
Newcastle CBD precinct (being that part of
Newcastle bounded by, but not including, Auckland
Street, Gibson Street, Laman Street and Charles
Street).
Central Coast campus (being that part of Ourimbah
bounded by, but not including, Chittaway Road,
Brush Road and the Northern Rail line).
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Declared Area of operations Responsible
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University of Kensington campus (being that part of Kensington
New South bounded by, but not including, Anzac Parade, High
Wales Street, Botany Street and Barker Street).
Randwick campus (being that part of Randwick
bounded by, but not including, King Street, Darley
Road, Govett Street and Govett Lane).
Western campus (being that part of Kensington
bounded by, but not including, Day Avenue and
Anzac Parade).
University of Camperdown campus (being that part of
Sydney Camperdown bounded by, but not including,
Parramatta Road, Missenden Road, Carillon Avenue
and City Road).
Darlington campus (being that part of Chippendale
bounded by, but not including, City Road, Golden
Grove Road, Abercrombie Street, Lander Street,
Shepherd Street and Cleveland Street).
Carillon campus (being that part of Newtown
bounded by, but not including, Carillon Avenue,
Missenden Road and Campbell Street).
Graduate School of Management campus (being that
part of Macdonaldtown bounded by, but not
including, Burren Street and Watkin Street).
Nursing Accommodation site (being that part of
Camperdown bounded by, but not including, Mallet
Street, Church Street and Hampshire Lane).
Sydney College of the Arts campus (being that part of
Rozelle bounded by, but not including, North Circuit
and Central Avenue).
Cumberland College campus (being that part of
Lidcombe bounded by, but not including, Earl Street
and Lidcombe Hospital).
Camden Farms, being the following sites:
(a) that part of Camden bounded by, but not
including, Werombi Road and Grownlow Hill
Loop Road,
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(b) that part of Camden bounded by, but not
including, Werombi Road, Sickles Creek and
Nepean River,
(c) that part of Camden bounded by, but not
including, Nepean River and Cobbity Road
(northern section),
(d) that part of Camden bounded by, but not
including, Nepean River and Cobbity Road
(southern section),
(e) that part of Camden bounded by, but not
including, Mayfarm Road and Mt Hunter
Rivulet.
Orange campus (being that part of Orange bounded
by, but not including, Leeds Road and Ophir Road).
University of City Campus (being that part of Ultimo bounded by,
Technology, but not including, Jones Street, Thomas Street, Harris
Sydney Street and Broadway).
Haymarket Campus (being that part of Ultimo
bounded by, but not including, Ultimo Road, Hay
Street, Quay Street and Merino Boulevard).
Blackfriars Campus (being that part of Chippendale
bounded by, but not including, Buckland and
Blackfriars Streets and Abercrombie Street).
Kuring-gai Campus (being that part of Lindfield
bounded by, but not including, Eton Road, Winchester
Avenue, Lyle Avenue, Lady Game Drive and Lane
Cove National Park).
St Leonards Campus, Dunbar Building (being that
part of St Leonards bounded by, but not including, the
Pacific Highway, Westbourne Street, Royal North
Shore Hospital and North Sydney College of TAFE).
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University of University of Wollongong Main Campus bounded by
Wollongong the F6 Freeway, Madoline Street up to the Botanic
Gardens, the Botanic Gardens' end of Northfields
Avenue and Robsons Road.
University of Wollongong Campus East and Brandon
Park bounded by Squires Way, Elliotts Road and Para
Creek.
International House Student Residence bounded by
the Sydney to Wollongong Rail Line, Hindmarsh
Avenue and the Northern Distributor.
Weerona College Student Residence on the corner of
Foleys Road and Throsby Drive backing on to the
Wollongong Tennis Club's tennis courts.
Western Sydney Auburn Hospital (being that part of Auburn bounded
ocal Health by, but not including, Hargrave Road, Norval Street,
District Havington Road and Water Street).
Blacktown Hospital (being that part of Blacktown
bounded by, but not including, Bungarribee Road,
Blacktown Road, Panorama Parade and Marcel
Crescent).
Cumberland Hospital (being that part of Parramatta
bounded by, but not including, Fleet Street, New
Street, Parramatta Gaol and Toongabbie Creek).
Mt Druitt Hospital (being that part of Mt Druitt
bounded by, but not including, Luxford Road,
Railway Street, North Parade and Mount Street).
Lottie Stewart Hospital (being that part of Dundas
bounded by, but not including, Stewart Street and
Kissing Point Road).
St Joseph's Hospital (being that part of Auburn
bounded by, but not including, Normanby Road, Alice
Street, Mona Street and Cardigan Street).
Westmead Hospital (being that part of Westmead
bounded by, but not including, Darcy Road,
Hawkesbury Road and Toongabbie Creek).
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Schedule 3 Substances prescribed as drugs 1
(Clause 28) 2
ALPRAZOLAM 3
AMYLOBARBITONE 4
AZATADINE 5
BARBITURIC ACID DERIVATIVES not otherwise specified in this Schedule 6
BENZODIAZEPINE DERIVATIVES not otherwise specified in this Schedule 7
BROMAZEPAM 8
BROMPHENIRAMINE 9
BUCLIZINE 10
BUPRENORPHINE 11
BUTOBARBITONE 12
CHLORAL HYDRATE 13
CHLORDIAZEPOXIDE 14
CHLORMETHIAZOLE 15
CHLORPHENIRAMINE 16
CHLORPHENTERMINE 17
CLEMASTINE 18
CLOBAZAM 19
CLONAZEPAM 20
CLORAZEPATE 21
CODEINE 22
CYCLIZINE 23
CYCLOBARBITONE 24
CYPROHEPTADINE 25
DEXCHLORPHENIRAMINE 26
DEXTROPROPOXYPHENE 27
DIAZEPAM 28
DIETHYLPROPION 29
DIHYDROCODEINE 30
DIMENHYDRINATE 31
DIMETHINDINE 32
DIPHENHYDRAMINE 33
DIPHENYLPRYALINE 34
DOXYLAMINE 35
EPHEDRINE (excluding pseudoephedrine) 36
ETHYLMORPHINE 37
FENFLURAMINE 38
FLUNITRAZEPAM 39
FLURAZEPAM 40
GLUTETHIMIDE 41
HYDROXYZINE 42
ORAZEPAM 43
MAZINDOL 44
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MEBHYDROLIN 1
MECLOZINE 2
MEDAZEPAM 3
MEPROBAMATE 4
MEPYRAMINE 5
METHDILAZINE 6
METHYLPHENOBARBITONE 7
MIDAZOLAM 8
NALBUPHINE 9
NITRAZEPAM 10
OXAZEPAM 11
PENTAZOCINE 12
PENTOBARBITONE 13
PHENIRAMINE 14
PHENOBARBITONE 15
PHENTERMINE 16
PHENYLTOLOXAMINE 17
PIZOTIFEN 18
PRAZEPAM 19
PROMETHAZINE 20
PROPYLHEXEDRINE 21
QUINALBARBITONE 22
SECBUTOBARBITONE 23
TEMAZEPAM 24
THENYLDIAMINE 25
TRIAZOLAM 26
TRIMEPRAZINE 27
TRIPROLIDINE 28
Schedule 4 Authorised officers 29
(Clause 121) 30
Class 1 officer means: 31
(a) a special constable who, during the normal course of his or her employment, 32
is subject to the control and direction of the Commissioner of Police, or 33
(b) a person who is employed in the Office of State Revenue in the Department of 34
Finance and Services and who is authorised by the Chief Commissioner of 35
State Revenue for the purposes of this definition, or 36
(c) a person: 37
(i) whose services are made use of by the Office of State Revenue in the 38
Department of Finance and Services (whether by way of temporary hire 39
arrangement, secondment or otherwise), and 40
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(ii) who is authorised by the Chief Commissioner of State Revenue for the 1
purposes of this definition, and 2
(iii) who is subject to the control and direction of the Chief Commissioner 3
of State Revenue as an authorised officer. 4
Class 2 officer means a person: 5
(a) who is employed by Roads and Maritime Services as an enforcement officer, 6
or 7
(b) who is subject to the control and direction of Roads and Maritime Services as 8
an enforcement officer. 9
Class 3 officer means a person: 10
(a) who is employed by the State Transit Authority as an enforcement officer, or 11
(b) who is subject to the control and direction of the State Transit Authority as an 12
enforcement officer. 13
Class 4 officer means a person: 14
(a) who is employed by Transport for NSW as an enforcement officer, or 15
(b) who is subject to the control and direction of Transport for NSW as an 16
enforcement officer. 17
Class 6 officer means an authorised officer within the meaning of the Forestry Act 18
2012. 19
Class 7 officer means a person: 20
(a) who is an officer or employee of the Office of Environment and Heritage, 21
Department of Premier and Cabinet, or 22
(b) who is subject to the control and direction of the Office of Environment and 23
Heritage, Department of Premier and Cabinet, 24
and who is an enforcement officer (within the meaning of section 226 of the 25
Protection of the Environment Operations Act 1997) in respect of an offence arising 26
under section 145 of that Act. 27
Class 8 officer means a person: 28
(a) who is employed by the Sydney Harbour Foreshore Authority as an 29
enforcement officer, or 30
(b) who is subject to the control and direction of the Sydney Harbour Foreshore 31
Authority as an enforcement officer. 32
Class 9 officer means a person: 33
(a) who is employed in a Government department as an enforcement officer, or 34
(b) who is subject to the control and direction of the head of a Government 35
department as an enforcement officer. 36
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Class 10 officer means a person: 1
(a) who is employed by a corporation established by or under an Act as an 2
enforcement officer, or 3
(b) who is subject to the control and direction of a corporation as an enforcement 4
officer. 5
Class 12 officer means a person: 6
(a) who is employed by a local council, or 7
(b) who is subject to the control and direction of a local council, 8
and who is an authorised person (within the meaning of the Local Government Act 9
1993) for the purposes of section 679 of that Act. 10
Class 14 officer means a person who is appointed as an authorised officer under 11
Part 7.1 of the Act. 12
Class 15 officer means a person: 13
(a) who is employed by a declared organisation as an enforcement officer, or 14
(b) who is subject to the control and direction of a declared organisation as an 15
enforcement officer. 16
Class 16 officer means a person who is appointed or employed by Roads and 17
Maritime Services as a Traffic Commander. 18
Schedule 5 Penalty notice offences 19
(Clause 122) 20
ocal Government Act 1993
Column 1 Column 2 Column 3
Provision Authorised Penalty
officer
Section 650 (1) (in relation to a notice or sign referred to in Class 1, 6, 7, Level 2
section 650 (2) (a) or (b)); Section 650 (4); Section 650 (5) 12
Section 650 (1) (in relation to a notice or sign referred to in Class 1, 6, 7, Level 7
section 650 (2) (c)--space for the use of persons with 12
disabilities)
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Motor Accidents Compensation Act 1999
Column 1 Column 2 Column 3
Provision Authorised Penalty
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Section 8 Class 1, 2, 4 Level 8
Motor Vehicles Taxation Act 1988
Column 1 Column 2 Column 3
Provision Authorised Penalty
officer
Section 9 Class 1, 2 Level 8
Road Rules 2008
Column 1 Column 2 Column 3
Provision Authorised Penalty
officer
Rule 20 (except where the applicable speed limit is specified
by rule 24-2, 24-3 or 24-4):
(a) in the case of a class A motor vehicle and otherwise
than in school zone:
(i) driven at a speed of not more than 10 km/h Class 1 Level 2A
above the speed limit applicable
(ii) driven at a speed of more than 10 km/h but Class 1 Level 4A
not more than 20 km/h above the speed limit
applicable
(iii) driven at a speed of more than 20 km/h but Class 1 Level 6A
not more than 30 km/h above the speed limit
applicable
(iv) driven at a speed of more than 30 km/h but Class 1 Level 9A
not more than 45 km/h above the speed limit
applicable
(v) driven at a speed of more than 45 km/h above Class 1 Level 14A
the speed limit applicable
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(b) in the case of a class B motor vehicle and otherwise
than in school zone:
(i) driven at a speed of not more than 10 km/h Class 1 Level 5A
above the speed limit applicable
(ii) driven at a speed of more than 10 km/h but Class 1 Level 6A
not more than 20 km/h above the speed limit
applicable
(iii) driven at a speed of more than 20 km/h but Class 1 Level 7A
not more than 30 km/h above the speed limit
applicable
(iv) driven at a speed of more than 30 km/h but Class 1 Level 9A
not more than 45 km/h above the speed limit
applicable
(v) driven at a speed of more than 45 km/h above Class 1 Level 14A
the speed limit applicable
(c) in the case of a class C motor vehicle and otherwise
than in school zone:
(i) driven at a speed of not more than 10 km/h Class 1 Level 5A
above the speed limit applicable
(ii) driven at a speed of more than 10 km/h but Class 1 Level 6A
not more than 20 km/h above the speed limit
applicable
(iii) driven at a speed of more than 20 km/h but Class 1 Level 7A
not more than 30 km/h above the speed limit
applicable
(iv) driven at a speed of more than 30 km/h but Class 1 Level 11A
not more than 45 km/h above the speed limit
applicable
(v) driven at a speed of more than 45 km/h above Class 1 Level 16A
the speed limit applicable
Rule 20 (except where the applicable speed limit is specified
by rule 24-2, 24-3 or 24-4):
(a) in the case of a class A motor vehicle and in school
zone:
(i) driven at a speed of not more than 10 km/h Class 1 Level 3A
above the speed limit applicable
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(ii) driven at a speed of more than 10 km/h but Class 1 Level 5A
not more than 20 km/h above the speed limit
applicable
(iii) driven at a speed of more than 20 km/h but Class 1 Level 7A
not more than 30 km/h above the speed limit
applicable
(iv) driven at a speed of more than 30 km/h but Class 1 Level 10A
not more than 45 km/h above the speed limit
applicable
(v) driven at a speed of more than 45 km/h above Class 1 Level 15A
the speed limit applicable
(b) in the case of a class B motor vehicle and in school
zone:
(i) driven at a speed of not more than 10 km/h Class 1 Level 6A
above the speed limit applicable
(ii) driven at a speed of more than 10 km/h but Class 1 Level 7A
not more than 20 km/h above the speed limit
applicable
(iii) driven at a speed of more than 20 km/h but Class 1 Level 8A
not more than 30 km/h above the speed limit
applicable
(iv) driven at a speed of more than 30 km/h but Class 1 Level 10A
not more than 45 km/h above the speed limit
applicable
(v) driven at a speed of more than 45 km/h above Class 1 Level 15A
the speed limit applicable
(c) in the case of a class C motor vehicle and in school
zone:
(i) driven at a speed of not more than 10 km/h Class 1 Level 6A
above the speed limit applicable
(ii) driven at a speed of more than 10 km/h but Class 1 Level 7A
not more than 20 km/h above the speed limit
applicable
(iii) driven at a speed of more than 20 km/h but Class 1 Level 8A
not more than 30 km/h above the speed limit
applicable
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(iv) driven at a speed of more than 30 km/h but Class 1 Level 12A
not more than 45 km/h above the speed limit
applicable
(v) driven at a speed of more than 45 km/h above Class 1 Level 17A
the speed limit applicable
Rule 20 (where the applicable speed limit is specified by
rule 24-2):
(a) in the case of a vehicle driven at a speed of not more Class 1 Level 2A
than 10 km/h above the speed limit applicable
(b) in the case of a vehicle driven at a speed of more than Class 1 Level 4A
10 km/h but not more than 20 km/h above the speed
limit applicable
(c) in the case of a vehicle driven at a speed of more than Class 1 Level 6A
20 km/h but not more than 30 km/h above the speed
limit applicable
(d) in the case of a vehicle driven at a speed of more than Class 1 Level 9A
30 km/h but not more than 45 km/h above the speed
limit applicable
(e) in the case of a vehicle driven at a speed of more than Class 1 Level 14A
45 km/h above the speed limit applicable
Rule 20 (where the applicable speed limit is specified by
rule 24-3):
(a) in the case of a class A motor vehicle:
(i) driven at a speed of not more than 10 km/h Class 1 Level 2A
above the speed limit applicable
(ii) driven at a speed of more than 10 km/h but Class 1 Level 4A
not more than 20 km/h above the speed limit
applicable
(iii) driven at a speed of more than 20 km/h but Class 1 Level 6A
not more than 30 km/h above the speed limit
applicable
(iv) driven at a speed of more than 30 km/h but Class 1 Level 9A
not more than 45 km/h above the speed limit
applicable
(v) driven at a speed of more than 45 km/h above Class 1 Level 14A
the speed limit applicable
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(b) in the case of a class B motor vehicle:
(i) driven at a speed of not more than 10 km/h Class 1 Level 5A
above the speed limit applicable
(ii) driven at a speed of more than 10 km/h but Class 1 Level 6A
not more than 20 km/h above the speed limit
applicable
(iii) driven at a speed of more than 20 km/h but Class 1 Level 7A
not more than 30 km/h above the speed limit
applicable
(iv) driven at a speed of more than 30 km/h but Class 1 Level 9A
not more than 45 km/h above the speed limit
applicable
(v) driven at a speed of more than 45 km/h above Class 1 Level 14A
the speed limit applicable
(c) in the case of a class C motor vehicle:
(i) driven at a speed of not more than 10 km/h Class 1 Level 5A
above the speed limit applicable
(ii) driven at a speed of more than 10 km/h but Class 1 Level 6A
not more than 20 km/h above the speed limit
applicable
(iii) driven at a speed of more than 20 km/h but Class 1 Level 7A
not more than 30 km/h above the speed limit
applicable
(iv) driven at a speed of more than 30 km/h but Class 1 Level 11A
not more than 45 km/h above the speed limit
applicable
(v) driven at a speed of more than 45 km/h above Class 1 Level 16A
the speed limit applicable
Rule 20 (where the applicable speed limit is specified by Class 1 Level 2A
rule 24-4)
Rule 27 (1); Rule 28 (1); Rule 28 (1A); Rule 29; Rule 31;
Rule 32 (1); Rule 32 (2A); Rule 33 (1) and (2); Rule 33 (1)
and (3); Rule 88; Rule 89; Rule 90; Rule 91; Rule 92 (1);
Rule 98 (1); Rule 99; Rule 100; Rule 247A; Rule 247B:
(a) in relation to the use of a motor vehicle Class 1 Level 4
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(b) in relation to the use of any other vehicle Class 1 Level 1
Rule 28 (2A); Rule 31 (4A); Rule 35 (2); Rule 119; Class 1 Level 1
Rule 141 (2); Rule 151; Rule 223; Rule 228; Rule 229;
Rule 230 (1); Rule 231 (1); Rule 232 (1); Rule 233;
Rule 234; Rule 235; Rule 235A; Rule 236; Rule 237 (1);
Rule 238; Rule 239; Rule 240; Rule 240A; Rule 241;
Rule 242 (1); Rule 243; Rule 244; Rule 245; Rule 245-1;
Rule 246; Rule 247 (1); Rule 248; Rule 249; Rule 250;
Rule 251; Rule 252 (1); Rule 253; Rule 254; Rule 255;
Rule 256; Rule 257 (1); Rule 258; Rule 259; Rule 260;
Rule 261 (1); Rule 262; Rule 301; Rule 302; Rule 303
Rule 37, Rule 39, Rule 40, Rule 41, Rule 42, otherwise than Class 1 Level 4
in school zone
Rule 37, Rule 39, Rule 40, Rule 41, Rule 42, in school zone Class 1 Level 5
Rule 38, Rule 62, Rule 63, Rule 64 (a), Rule 64 (c), Rule 65 Class 1 Level 5
(2) (a), Rule 65 (2) (b), Rule 67 (1), Rule 68 (1), Rule 69 (1),
Rule 70, Rule 71 (1), Rule 101, Rule 288, Rule 289, Rule
290, Rule 297 (2), Rule 299 (1), Rule 300, Rule 300-1,
otherwise than in school zone
Rule 38, Rule 62, Rule 63, Rule 64 (a), Rule 64 (c), Class 1 Level 6
Rule 65 (2) (a), Rule 65 (2) (b), Rule 67 (1), Rule 68 (1),
Rule 69 (1), Rule 70, Rule 71 (1), Rule 101, Rule 288,
Rule 289, Rule 290, Rule 297 (2), Rule 299 (1), Rule 300,
Rule 300-1, in school zone
Rule 46 (1); Rule 46 (4); Rule 48 (1); Rule 48 (4); Rule 51; Class 1 Level 3
Rule 53; Rule 112; Rule 113; Rule 117; Rule 118 (1);
Rule 118 (2); Rule 141 (1); Rule 153 (1); Rule 162 (1);
Rule 163 (1); Rule 164 (1); Rule 164A
Rule 56 (1), in relation to the use of a motor vehicle Class 1 Level 6
otherwise than at toll booth or in school zone
Rule 56 (1), in relation to the use of a motor vehicle in Class 1 Level 7
school zone
Rule 56 (1), in relation to the use of a motor vehicle at toll Class 1 Level 3
booth
Rule 56 (1), in relation to the use of a vehicle not being a Class 1 Level 1
motor vehicle
Rule 56 (2), Rule 80, Rule 81, Rule 82, in relation to the use Class 1 Level 6
of a motor vehicle otherwise than in school zone
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Rule 56 (2), Rule 80, Rule 81, Rule 82, in relation to the use Class 1 Level 7
of a motor vehicle in school zone
Rule 56 (2), Rule 80, Rule 81, Rule 82, in relation to the use Class 1 Level 1
of a vehicle not being a motor vehicle
Rule 57, Rule 60, Rule 60A, Rule 61, Rule 64 (b), Rule 65 Class 1 Level 6
(2) (c), Rule 297 (1), Rule 297 (1A), Rule 297 (3), otherwise
than in school zone
Rule 57, Rule 60, Rule 60A, Rule 61, Rule 64 (b), Rule 65 Class 1 Level 7
(2) (c), Rule 297 (1), Rule 297 (1A), Rule 297 (3), in school
zone
Rule 59 (1), in relation to the use of a motor vehicle Class 1 Level 6
otherwise than at toll booth or in school zone
Rule 59 (1), in relation to the use of a motor vehicle in Class 1 Level 7
school zone
Rule 59 (1), in relation to the use of a motor vehicle at toll Class 1 Level 3
booth
Rule 59 (1), in relation to the use of a vehicle not being a Class 1 Level 1
motor vehicle
Rule 66; Rule 78 (1); Rule 78 (2); Rule 79 (1); Rule 121; Class 1 Level 6
Rule 122; Rule 123; Rule 124; Rule 126; Rule 152;
Rule 274; Rule 275; Rule 277; Rule 279; Rule 281;
Rule 282; Rule 284; Rule 286; Rule 2
Rule 72 (1); Rule 73 (1); Rule 74 (1); Rule 75 (1); Class 1 Level 5
Rule 76 (1); Rule 76 (2); Rule 77 (1); Rule 84 (1) (a);
Rule 84 (1) (b); Rule 85; Rule 86 (1); Rule 87; Rule 108 (1);
Rule 114; Rule 136; Rule 140; Rule 142 (1); Rule 144;
Rule 145; Rule 148; Rule 148A; Rule 149; Rule 154 (1);
Rule 157 (1); Rule 159 (1); Rule 224; Rule 264 (1);
Rule 265 (1); Rule 266 (1); Rule 267-1 (2); Rule 267-1 (3);
Rule 268; Rule 268-2 (1); Rule 268-2 (2); Rule 268-3 (1);
Rule 269 (1); Rule 269 (3); Rule 269 (4); Rule 270 (1) (a);
Rule 270 (2); Rule 271 (1) (a); Rule 271 (2) (a); Rule 271
(2) (a) and (3); Rule 271 (4); Rule 271 (5); Rule 271 (5A);
Rule 271 (5B); Rule 271 (5C); Rule 271-1 (1); Rule 271-2
(1); Rule 287; Rule 298; Rule 298-1
Rule 79-1; Rule 79-2 (1); Rule 218-1 Class 1 Level 2
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Rule 83:
(a) in relation to the use of a motor vehicle Class 1 Level 6
(b) in relation to the use of any other vehicle Class 1 Level 1
Rule 93 (1); Rule 94; Rule 95 (1); Rule 96 (1); Rule 97 (1); Class 1 Level 4
Rule 101A; Rule 111; Rule 115 (1); Rule 116; Rule 125 (1);
Rule 128; Rule 143; Rule 155 (1); Rule 156 (1)
Rule 102:
(a) in relation to a driver who drives through or under Class 1, 2 Level 14
(or attempts to drive through or under) a tunnel,
bridge or other structure to which a clearance sign or
low clearance sign relates
(b) in relation to any other driver Class 1, 2 Level 3
Rule 103 Class 1, 2, 14 Level 4
Rule 104:
(a) in relation to any length of road other than the length Class 1, 2, 14 Level 3
of road referred to in paragraph (b)
(b) in relation to the length of road between Galston and Class 1, 2, 14 Level 14
Hornsby Heights that crosses Galston Gorge
Rule 105; Rule 107 Class 1, 2 Level 8
Rule 106 Class 1, 2, 14 Level 3
Rule 127 (1), in relation to a class B or class C motor Class 1, 2 Level 11
vehicle in a Safe-T-Cam zone or average speed detection
zone
Rule 127 (1), otherwise than in relation to a class B or Class 1 Level 6
class C motor vehicle in a Safe-T-Cam zone or average
speed detection zone
Rule 128A, otherwise than in school zone Class 1 Level 4
Rule 128A, in school zone Class 1 Level 5
Rule 129 (1); Rule 137 (1); Rule 138 (1):
(a) in relation to the use of a motor vehicle Class 1 Level 4
(b) in relation to the use of any other vehicle Class 1 Level 1
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Rule 130; Rule 131; Rule 135 (1):
(a) in relation to the use of a motor vehicle Class 1 Level 5
(b) in relation to the use of any other vehicle Class 1 Level 1
Rule 132:
(a) in relation to a class B or class C motor vehicle in a Class 1, 2 Level 11
Safe-T-Cam zone or average speed detection zone
(b) in relation to a class B or class C motor vehicle not in Class 1 Level 5
a Safe-T-Cam zone or average speed detection zone
(c) in relation to a motor vehicle that is not a class B or Class 1 Level 5
class C motor vehicle
(d) in relation to a vehicle that is not a motor vehicle Class 1 Level 1
Rule 146, in relation to a class B or class C motor vehicle in Class 1, 2 Level 11
a Safe-T-Cam zone or average speed detection zone;
Rule 147, in relation to a class B or class C motor vehicle in
a Safe-T-Cam zone or average speed detection zone;
Rule 150 (1), in relation to a class B or class C motor
vehicle in a Safe-T-Cam zone or average speed detection
zone
Rule 146, otherwise than in relation to a class B or class C Class 1 Level 4
motor vehicle in a Safe-T-Cam zone or average speed
detection zone; Rule 147, otherwise than in relation to a
class B or class C motor vehicle in a Safe-T-Cam zone or
average speed detection zone
Rule 150 (1), otherwise than in relation to a class B or class Class 1 Level 4
C motor vehicle in a Safe-T-Cam zone or average speed
detection zone
Rule 157-1 (1) Class 1 Level 5
Rule 157-1 (2) Class 1, 12, Level 5
16
Rule 160; Rule 161; Rule 212; Rule 213 (2); Rule 213 (3); Class 1 Level 2
Rule 213 (4); Rule 213 (5); Rule 216; Rule 218; Rule 219;
Rule 271 (1) (b); Rule 271 (1) (c); Rule 271 (2) (b);
Rule 271 (2) (b) and (3); Rule 272; Rule 296 (2)
Rule 167, otherwise than in school zone Class 1, 12, Level 4
16
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Rule 167, in school zone Class 1, 12, Level 5
16
Rule 168 (1), otherwise than in school zone Class 1, 12, Level 2
16
Rule 168 (1), in school zone Class 1, 12, Level 3
16
Rule 168-1 (1) Class 1, 8, 9, Level 2
10, 12, 15, 16
Rule 169; Rule 170; Rule 176 (1); Rule 177 (1); Rule 178; Class 1, 12, Level 4
Rule 187 16
Rule 171 (1), Rule 172 (1), Rule 173 (1), otherwise than in Class 1, 12 Level 5
school zone
Rule 171 (1), Rule 172 (1), Rule 173 (1), in school zone Class 1, 12 Level 6
Rule 174 (2); Rule 175 (1) Class 1, 12 Level 5
Rule 179; Rule 180 (1); Rule 181 (1); Rule 190 (1); Class 1, 12 Level 3
Rule 208 (1) and (2)
Rule 179-1; Rule 207-1; Rule 207-2; Rule 207-3; Class 1, 12, Level 2
Rule 207-4; Rule 207-5; Rule 207-6; Rule 207-7; 15
Rule 207-8; Rule 207-9
Rule 182 (1); Rule 196 (1) Class 1, 4, 12 Level 3
Rule 183 (1), otherwise than in school zone Class 1, 3, 4, Level 4
12
Rule 183 (1), in school zone Class 1, 3, 4, Level 5
12
Rule 184 (1), in relation to a minibus zone in a clearway, Class 1, 3, 4, Level 3
transit lane or bus lane 12
Rule 184 (1), otherwise than in relation to a minibus zone in Class 1, 3, 4, Level 2
a clearway, transit lane or bus lane 12
Rule 186 (1) Class 1, 4, 12 Level 2
Rule 188; Rule 193 (1); Rule 194 (1); Rule 198 (1); Class 1, 12 Level 2
Rule 199 (1); Rule 200; Rule 201; Rule 202; Rule 205;
Rule 208 (1) and (3); Rule 208 (1) and (4); Rule 208 (1) and
(5); Rule 208 (1) and (7); Rule 208 (1) and (8); Rule 208A;
Rule 209 (2); Rule 210 (1); Rule 211
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Rule 189, otherwise than in school zone Class 1, 12 Level 4
Rule 189, in school zone Class 1, 12 Level 5
Rule 191; Rule 192; Rule 203A Class 1, 12, Level 3
16
Rule 195 (1), otherwise than in school zone Class 1, 4, 12 Level 4
Rule 195 (1), in school zone Class 1, 4, 12 Level 5
Rule 197 (1), Rule 198 (2), otherwise than in school zone Class 1, 12 Level 2
Rule 197 (1), Rule 198 (2), in school zone Class 1, 12 Level 3
Rule 197 (1A) Class 1, 12 Level 3
Rule 203 (1) Class 1, 12, Level 7
15
Rule 205A-1 (1) Class 1, 12, Level 4
15, 16
Rule 208 (1) and (6) Class 1, 12 Level 4
Rule 215-1 (1), in relation to a class B or class C motor Class 1, 2 Level 11
vehicle in a Safe-T-Cam zone or average speed detection
zone
Rule 215-1 (1), otherwise than in relation to a class B or Class 1 Level 2
class C motor vehicle in a Safe-T-Cam zone or average
speed detection zone
Rule 221-1 (1); Rule 294-3 (1); Rule 300-5 Class 1, 2 Level 2
Rule 222-1; Rule 300-4 (1) Class 1, 2 Level 5
Rule 222-2 (1); Rule 222-2 (2); Rule 222-2 (3); Class 1, 2 Level 3
Rule 291-1 (1)
Rule 226; Rule 227 Class 1, 2 Level 2
Rule 265 (3) (where driver drives with 1 unrestrained Class 1 Level 5
passenger)
Rule 265 (3) (where driver drives with 2 unrestrained Class 1 Level 8
passengers)
Rule 265 (3) (where driver drives with 3 unrestrained Class 1 Level 10
passengers)
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Rule 265 (3) (where driver drives with 4 or more Class 1 Level 12
unrestrained passengers)
Rule 270 (1) (a) and (b) (where unhelmeted rider rides bike Class 1 Level 8
with one unhelmeted passenger only)
Rule 270 (1) (a) and (b) (where unhelmeted rider rides bike Class 1 Level 10
with 2 unhelmeted passengers)
Rule 270 (1) (a) and (b) (where unhelmeted rider rides bike Class 1 Level 12
with 3 unhelmeted passengers)
Rule 270 (1) (a) and (b) (where unhelmeted rider rides bike Class 1 Level 13
with 4 or more unhelmeted passengers)
Rule 270 (1) (b) (where helmeted rider rides bike with one Class 1 Level 5
unhelmeted passenger only)
Rule 270 (1) (b) (where helmeted rider rides bike with 2 Class 1 Level 8
unhelmeted passengers)
Rule 270 (1) (b) (where helmeted rider rides bike with 3 Class 1 Level 10
unhelmeted passengers)
Rule 270 (1) (b) (where helmeted rider rides bike with 4 or Class 1 Level 12
more unhelmeted passengers)
Rule 291 Class 1, 2 Level 5
Rule 291-2 Class 1, 2, 16 Level 3
Rule 291-3 Class 1 Level 3
Rule 292 (a); Rule 292 (b) Class 1, 2, 12 Level 6
Rule 292 (c) Class 1, 2 Level 6
Rule 293 (2) Class 1, 2, 16 Level 6
Rule 294-1 (1); Rule 294-2 (1) Class 1, 2 Level 6
Rule 296 (1), otherwise than in school zone Class 1 Level 3
Rule 296 (1), in school zone Class 1 Level 4
Rule 300-2 (1) Class 1 Level 6
Rule 304 (1) Class 1, 16 Level 5
Rule 316-2 (1) Class 1, 2, 12, Level 3
16
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Section 50 Class 1 Level 9
Section 53 (1) (a); Section 53 (1) (b):
(a) where the driver held a licence under the Act (but not
a licence appropriate to the class of vehicle driven,
being a class of vehicle that requires a Class C,
Class R, Class LR or Class MR licence):
(i) for the first offence, or the first offence within Class 1, 2 Level 7
the last 5 years
(ii) for the second or subsequent offence within Class 1, 2 Level 9
the last 5 years
(b) where the driver held a licence under the Act (but not
a licence appropriate to the class of vehicle driven,
being a class of vehicle that requires a Class HR,
Class HC or Class MC licence):
(i) for the first offence, or the first offence within Class 1, 2 Level 8
the last 5 years
(ii) for the second or subsequent offence within Class 1, 2 Level 11
the last 5 years
(c) where the driver held a licence issued under the law
in force in another State or Territory, but had resided
continuously in New South Wales during the
previous 3 months:
(i) for the first offence, or the first offence within Class 1, 2 Level 7
the last 5 years
(ii) for the second or subsequent offence within Class 1, 2 Level 9
the last 5 years
(d) where the driver held a licence under the Act that had
expired less than 2 years before:
(i) for the first offence, or the first offence within Class 1, 2 Level 7
the last 5 years
(ii) for the second or subsequent offence within Class 1, 2 Level 9
the last 5 years
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(e) where the driver held a licence under the Act that had
expired 2 years or more before:
(i) for the first offence, or the first offence within Class 1, 2 Level 8
the last 5 years
(ii) for the second or subsequent offence within Class 1, 2 Level 11
the last 5 years
(f) where the driver had never been licensed within the Class 1, 2 Level 9
meaning of section 53 (5) (for the first offence only)
Section 68 (1):
(a) in the case of a class A motor vehicle Class 1, 2 Level 8
(b) in the case of a class B or class C motor vehicle Class 1, 2 Level 12
Section 73 (3); Section 75 (2) Class 1, 2 Level 12
Section 90 (1); Section 92 (1); Section 96; Section 97 Class 2 Level 8
Section 91; Section 92 (2); Section 93; Section 94; Class 2 Level 12
Section 98 (6)
Section 116 (1) Class 1 Level 8
Section 117 (1) (c) Class 1 Level 6
Section 119; Section 120 (3) Class 1 Level 13
Section 143 (6) Class 1, 2 Level 5
Section 162 Class 1, 2 Level 14
Section 175 (2) (a) or (b) Class 1, 2 Level 2
Section 177 (1) Class 1, 2 Level 9
Section 188 (1):
(a) if the offence relates to a vehicle registered otherwise
than in the name of a natural person:
(i) for the first offence, or the first offence within Class 1 Level 12
the last 5 years
(ii) for the second or subsequent offence within Class 1 Level 17
the last 5 years
(b) in any other case Class 1 Level 8
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Section 188 (2):
(a) if the offence relates to a vehicle registered otherwise Class 1 Level 12
than in the name of a natural person
(b) in any other case Class 1 Level 8
Section 239 (2); Section 244 (1)-(3) Class 1 Level 14
Section 243 (1) and (2) Class 1 Level 15
Section 244 (4) Class 1 Level 9
Road Transport (Driver Licensing) Regulation 2008
Column 1 Column 2 Column 3
Provision Authorised Penalty
officer
Clause 9 (3); Clause 9 (4) Class 1, 2 Level 2
Clause 15 (1) (a) Class 1 Level 9
Clause 15 (1) (b); Clause 17 (1) (a); Clause 17 (1) (b); Class 1 Level 4
Clause 18 (a); Clause 18 (b); Clause 23 (a); Clause 23 (b)
Clause 16 (a); Clause 16 (b); Clause 19; Clause 35 (6); Class 1 Level 2
Clause 35 (8); Clause 99 (7); Clause 117 (1) (a);
Clause 117 (1) (b)
Clause 17 (2) Class 1 Level 7
Clause 35 (7) Class 1 Level 5
Clause 114 (1) (otherwise than where the licence concerned
is an interlock driver licence):
(a) in relation to a condition imposed by clause 22 (b) Class 1 Level 7
(ii) or 28A (1) (b) if it is the first such offence, or the
first such offence within the last 5 years
(b) in relation to a condition imposed by clause 22 (b) Class 1 Level 9
(ii) or 28A (1) (b) if it is the second or subsequent
such offence within the last 5 years
(c) in relation to a condition imposed by clause 22 (c) Class 1 Level 5
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(d) in relation to a condition imposed by clause 32, 33 or Class 1 Level 7
34
(e) in relation to any other licence condition Class 1 Level 4
Clause 115; Clause 116; Clause 118 (2) Class 1, 2 Level 2
Road Transport (General) Regulation 2013
Column 1 Column 2 Column 3
Provision Authorised Penalty
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Clause 18 (1) Class 1 Level 6
Clause 21 Class 1 Level 2
Clause 24 (1); Clause 25 (1); Clause 26 (2) Class 1, 2 Level 5
Clause 26 (3); Clause 27 Class 1, 2 Level 3
Clause 33 (1); Clause 33 (2); Clause 34 Class 1, 2, 12, Level 3
16
Clause 63; Clause 64 (a); Clause 64 (b); Clause 71 (b); Class 1, 12, Level 2
Clause 92 (3) (a) 15
Clause 70; Clause 71 (a); Clause 76; Clause 92 (3) (b); Class 1, 12, Level 7
Clause 92 (3) (c); Clause 92 (4) 15
Clause 111; Clause 112; Clause 113; Clause 114 (4); Class 1, 2, 6, Level 8
Clause 115 (3); Clause 116 (6) 7, 8, 9, 10,
12, 14, 15, 16
Road Transport (Mass, Loading and Access) Regulation 2005
Column 1 Column 2 Column 3
Provision Authorised Penalty
officer
Clause 13 in respect of driving or operating a Class 1
vehicle in contravention of a condition of a notice or permit,
being driving or operating:
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(a) that involves travelling in an area or on a route other Class 1, 2, 6, Level 11
than an area or route on which the vehicle is 7, 12, 14
permitted to travel under the notice or permit
(b) that involves travelling at a time other than the time Class 1, 2, 6, Level 11
at which the vehicle is permitted to travel under the 7, 12, 14
notice or permit
(c) that involves travelling accompanied by fewer than Class 1, 2, 6, Level 11
the number of pilot or escort vehicles required under 7, 12, 14
the notice or permit
(d) that does not involve (a), (b) or (c) Class 1, 2, 6, Level 4
7, 12, 14
Clause 19 in respect of driving or operating a Class 2
vehicle otherwise than in accordance with a notice or
permit, being driving or operating:
(a) that involves travelling in an area or on a route other Class 1, 2, 6, Level 11
than an area or route on which the vehicle is 7, 12, 14
permitted to travel under the notice or permit
(b) that involves travelling at a time other than the time Class 1, 2, 6, Level 11
at which the vehicle is permitted to travel under the 7, 12, 14
notice or permit
(c) that involves travelling accompanied by fewer than Class 1, 2, 6, Level 11
the number of pilot or escort vehicles required under 7, 12, 14
the notice or permit
(d) that does not involve (a), (b) or (c) Class 1, 2, 6, Level 4
7, 12, 14
Clause 26 in respect of driving or operating a Class 3
vehicle in contravention of a condition of a notice or permit,
being driving or operating:
(a) that involves travelling in an area or on a route other Class 1, 2, 6, Level 11
than an area or route on which the vehicle is 7, 12, 14
permitted to travel under the notice or permit
(b) that involves travelling at a time other than the time Class 1, 2, 6, Level 11
at which the vehicle is permitted to travel under the 7, 12, 14
notice or permit
(c) that involves travelling accompanied by fewer than Class 1, 2, 6, Level 11
the number of pilot or escort vehicles required under 7, 12, 14
the notice or permit
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(d) that does not involve (a), (b) or (c) Class 1, 2, 6, Level 4
7, 12, 14
(e) that involves travelling in an area or on a route other Class 1, 2, 6, Level 11
than an area or route on which the vehicle or 7, 12, 14
combination is permitted to travel under the
exemption
(f) that involves travelling at a time other than the time Class 1, 2, 6, Level 11
at which the vehicle or combination is permitted to 7, 12, 14
travel under the exemption
(g) that involves travelling accompanied by fewer than Class 1, 2, 6, Level 11
the number of pilot or escort vehicles required under 7, 12, 14
the exemption
(h) that does not involve (a), (b) or (c) Class 1, 2, 6, Level 4
7, 12, 14
Clause 39 (3) Class 1, 2, 6, Level 4
7, 12, 14
Clause 40; Clause 53; Clause 73 Class 1, 2, 6, Level 3
7, 12, 14
Clause 41 (a); Clause 41 (b); Clause 41 (c) Class 1, 2, 6, Level 3
7, 12, 14
Clause 48 (1) Class 1, 2, 6, Level 2
7, 12, 14
Clause 52 (4) Class 1, 2 Level 4
Clause 59 Class 1, 2 Level 4
Clause 62 (a); Clause 62 (b) Class 1, 2, 12, Level 4
14
Clause 62 (c) Class 1, 2, 12, Level 6
14
Clause 74 (otherwise than in relation to a breach of a mass
limit):
(a) that involves travelling in an area or on a route other Class 1, 2, 6, Level 11
than an area or route on which the vehicle or 7, 12, 14
combination concerned is permitted to travel under a
notice or permit
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(b) that involves travelling at a time other than the time Class 1, 2, 6, Level 11
at which the vehicle or combination concerned is 7, 12, 14
permitted to travel under a notice or permit
(c) that involves travelling accompanied by fewer than Class 1, 2, 6, Level 11
the number of pilot or escort vehicles required under 7, 12, 14
a notice or permit
(d) that does not involve (a), (b) or (c) Class 1, 2, 6, Level 4
7, 12, 14
Road Transport (Vehicle and Driver Management) Act 2005
Column 1 Column 2 Column 3
Provision Authorised Penalty
officer
Section 26 (2) and clause 47 (1) of the Road Transport Class 1, 2, 6, Level 9
(Mass, Loading and Access) Regulation 2005 7, 12, 14
Section 26 (2) and clause 61 of the Road Transport (Mass, Class 1, 2, 6, Level 9
oading and Access) Regulation 2005 7, 12, 14
Section 28 if the offence arises because the laden mass of
the vehicle exceeds the maximum specified by means of a
notice displayed in accordance with section 28:
(a) by not more than 1 tonne Class 1, 2, 12, Level 5
14
(b) by more than 1 tonne but not more than 2 tonnes Class 1, 2, 12, Level 8
14
(c) by more than 2 tonnes but not more than 3 tonnes Class 1, 2, 12, Level 10
14
(d) by more than 3 tonnes but not more than 4 tonnes Class 1, 2, 12, Level 11
14
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Section 56 (in relation to a breach of a mass requirement by
an operator of a vehicle or combination); Section 57 (in
relation to a breach of a mass requirement by a driver of a
vehicle or combination); Section 80 (in relation to a breach
of a mass requirement by a registered operator or an owner
of a vehicle or combination):
(a) minor risk breach Class 1, 2, 6, Level 6
7, 12, 14
(b) substantial risk breach Class 1, 2, 6, Level 10
7, 12, 14
Section 56 (in relation to a breach of a dimension
requirement or a load restraint requirement by an operator of
a vehicle or combination); Section 57 (in relation to a breach
of a dimension requirement or a load restraint requirement
by a driver of a vehicle or combination); Section 80 (in
relation to a breach of a dimension requirement or a load
restraint requirement by a registered operator or an owner of
a vehicle or combination):
(a) minor risk breach Class 1, 2, 6, Level 5
7, 12, 14
(b) substantial risk breach Class 1, 2, 6, Level 9
7, 12, 14
Section 66 (3); Section 67 (5); Section 68 (3); Section 150 Class 1, 2 Level 9
(4)
Section 136 (5), if the offence relates to a heavy vehicle or Class 1, 2 Level 8
heavy combination
Section 137 (2), if the offence relates to a heavy vehicle or Class 1, 2 Level 8
heavy combination
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Clause 49 (3) and (4); Clause 50 (3); Clause 51 (4);
Clause 52 (2); Clause 73 (3); Clause 76; Clause 77;
Clause 78; Clause 79; Clause 81 (2), (2A), (2C), (3), (5)-(7)
and (9)-(13); Clause 106; Clause 107 (4); Clause 108;
Clause 112; Clause 113 (4); Clause 114; Clause 121:
(a) in relation to an individual Class 1, 2, 4 Level 5
(b) in relation to a corporation Class 1, 2, 4 Level 13
Clause 64; Clause 65; Clause 66; Clause 68; Clause 70;
Clause 71; Clause 72; Clause 117:
(a) in relation to a minor risk offence Class 1, 2, 4 Level 4
(b) in relation to a substantial risk offence: Class 1, 2, 4 Level 7
Clause 155 (4) and (5); Clause 157 (3); Clause 161 (3):
(a) in relation to an individual Class 1, 2, 4 Level 9
(b) in relation to a corporation Class 1, 2, 4 Level 17
Clause 156 (3):
(a) in relation to an individual:
(i) in relation to a level 1 offence Class 1, 2, 4 Level 6
(ii) in relation to a level 2 offence Class 1, 2, 4 Level 9
(b) in relation to a corporation:
(i) in relation to a level 1 offence Class 1, 2, 4 Level 13
(ii) in relation to a level 2 offence Class 1, 2, 4 Level 17
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Clause 22 (5); Clause 26 (1); Clause 27 (1); Clause 28; Class 1, 2 Level 2
Clause 30 (8); Clause 31 (1); Clause 31 (2); Clause 31 (3);
Clause 31 (5); Clause 31 (6); Clause 32 (2); Clause 32 (3);
Clause 34 (1); Clause 34 (2); Clause 37 (3); Clause 39 (4);
Clause 42 (5); Clause 46 (3); Clause 47; Clause 48;
Clause 49; Clause 50 (2); Clause 50 (3); Clause 52 (1)
except in relation to a matter provided for elsewhere in this
Table; Clause 52 (2); Clause 52 (4); Clause 52 (5);
Clause 56 (4); Clause 58 (7); Clause 58 (8); Clause 59 (4);
Clause 67 (1); Clause 67 (2); Clause 67 (3); Clause 68;
Clause 70 (7); Clause 74 (2); Clause 84 (1); Clause 85 (1A);
Clause 86 (1); Clause 86 (3)
Clause 28C (1) and (2) Class 1 Level 15
Clause 52 (1) (a) in respect of the use of a registrable
vehicle that does not comply with any of the following
provisions of Schedule 2:
(a) clause 21 (b), vehicle cause danger or unreasonable Class 1, 2 Level 3
annoyance
(b) clause 22, defective steering Class 1, 2 Level 5
(c) clause 25 (3), motor vehicle manufactured on or after Class 1, 2 Level 3
1 January 2003 (except if the model of the vehicle is
a model of a kind manufactured before 1 January
2003) that has a GVM of not more than 3.5 tonnes
and that is fitted with a vehicle frontal protection
system (such as bullbar, roobar or nudge bar) failing
to comply with AS 4876.1--2002 Motor vehicle
frontal protection systems--Road user protection
because of:
(i) incorrect method of mounting vehicle frontal
protection system, or
(ii) exposed edges, or
(iii) unacceptable shape of material or
unacceptable profile of vehicle frontal
protection system, or
(iv) use of non-standard or non-approved vehicle
frontal protection system
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(d) clause 25 (3), motor vehicle manufactured on or after Class 1, 2 Level 5
1 January 2003 (except if the model of the vehicle is
a model of a kind manufactured before 1 January
2003) that has a GVM of not more than 3.5 tonnes
and that is fitted with a vehicle frontal protection
system (such as bullbar, roobar or nudge bar) failing
to comply with AS 4876.1--2002 Motor vehicle
frontal protection systems--Road user protection
because of dangerous protrusions (such as fishing
rod holders, aerials, winches and brackets for the
mounting of spot lamps) fitted to vehicle frontal
protection system
(e) clause 26, oil and grease leaks Class 1, 2 Level 3
(f) clause 28, defective seating Class 1, 2 Level 5
(g) clause 29, seatbelt removed or defective Class 1, 2 Level 5
(h) clause 29, motor vehicle not fitted or equipped with Class 1, 2 Level 5
seatbelts or seatbelt anchorages
(i) clause 61, number-plates not affixed and displayed Class 1, 2 Level 6
correctly (including obscured, defaced, illegible or
illegal number-plates) in the case of a class A motor
vehicle
(j) clause 61, number-plates not affixed and displayed Class 1, 2 Level 8
correctly (including obscured, defaced, illegible or
illegal number-plates) in the case of a class B motor
vehicle or class C motor vehicle
(k) clauses 133-135 or 137-142, defective brakes Class 1, 2 Level 5
(l) clause 136, defective brake other than a defective Class 1, 2 Level 5
emergency brake
(m) clauses 155-160, undue emission, inefficient silencer Class 1, 2 Level 3
or excessive noise
(n) clause 162, defective LPG or CNG equipment or Class 1, 2 Level 3
labelling
(o) clauses 168-179, road train equipment offences Class 1, 2 Level 3
Clause 52 (1) (b) Class 1, 2 Level 3
Clause 55A Class 1, 2 Level 8
Clause 58 (9); Clause 59 (5) Class 1, 2 Level 4
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Clause 70 (4) Class 1, 2 Level 5
Clause 71 (5), Clause 84 (2), in the case of a minor defect Class 1, 2 Level 5
notice
Clause 76AC (1) Class 1, 2 Level 9
Clause 76AD (2); Clause 76AD (3); Clause 76AL (1); Class 2 Level 8
Clause 76AL (2); Clause 76AL (3)
Clause 76AD (4) Class 2 Level 5
Clause 76AI (5); Clause 76AM (2); Clause 76AM (3); Class 2 Level 9
Clause 76AN (1); Clause 76AN (2)
Clause 84 (2), in the case of a major defect notice Class 1, 2 Level 6
Clause 84 (3); Clause 84 (5) Class 1, 2 Level 8
Clause 85 (1) (a), Clause 85 (2), in the case of a class A Class 1, 2 Level 6
motor vehicle
Clause 85 (1) (b), Clause 85 (1) (c), Clause 85 (3), in the Class 1, 2 Level 2
case of a class A motor vehicle
Clause 85 (1), Clause 85 (2), Clause 85 (3), in the case of a Class 1, 2 Level 8
class B motor vehicle or class C motor vehicle
Clause 83K (2); Clause 83N (1); Clause 83N (2); Class 1, 2 Level 5
Clause 83O; Clause 83W
Clause 83R Class 2 Level 8
Clause 83U Class 2 Level 12
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Roads Act 1993
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Section 115 (4) Class 1, 2, 14 Level 2
Page 137
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