New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 195

195 Penalty notices

(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.

(2) A penalty notice offence is an offence against the following that is prescribed by the statutory rules as a penalty notice offence--

(a) the road transport legislation,

(b) the Driving Instructors Act 1992 or the regulations under that Act,

(c) the Heavy Vehicle (Adoption of National Law) Act 2013 or the local regulations under that Act,

(d) section 650(1) or (4) or 650A(1) or (4) of the Local Government Act 1993 , including by operation of section 651 of that Act,

(e) the Motor Accident Injuries Act 2017 , the Motor Accidents Compensation Act 1999 or the regulations under those Acts,

(f) the Recreation Vehicles Act 1983 or the regulations under that Act,

(g) the Roads Act 1993 or the regulations under that Act, including by operation of section 244 of that Act.

(3) The Fines Act 1996 applies to a penalty notice issued under this section.

Note--: The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.

(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the statutory rules, not exceeding the maximum amount of penalty that could be imposed for the offence by a court.

(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in relation to offences.

(6) An offence for which a penalty of imprisonment may be imposed under the road transport legislation, except an offence against section 53(3) of this Act, cannot be prescribed by the statutory rules as a penalty notice offence.

(7) In addition to a manner of issuing a penalty notice provided for by the Fines Act 1996 , a penalty notice for the following offences may be issued by leaving the notice on the vehicle in relation to which the offence was committed--

(a) an offence for which the responsible person for the vehicle is guilty because of Division 2,

(b) an offence for which the owner is guilty because of section 651 of the Local Government Act 1993 .

(8) The regulations may specify the classes of authorised officer who are authorised to issue a penalty notice for a specified penalty notice offence.