New South Wales Consolidated Acts New South Wales Consolidated Acts(cf DL Act, s 20(1), (2)(a)-(e), (m)-(p), (s), (t), (v) and (x) and (3))
(1) The establishment and administration of a system of licensing drivers of motor vehicles that are used on roads that--(a) provides a means of authorising the driving of motor vehicles on roads, and(b) enables the identification of persons as licensed drivers of motor vehicles.
(2) Without limiting subclause (1), the making of provision for--(a) the issue or refusal to issue driver licences and renewal of driver licences or refusal of renewal, and for the imposition of conditions on driver licences, and for the replacement of and refusal to replace driver licences, and(b) the cancellation, variation and suspension of driver licences, and(c) the fixing of the periods for which a driver licence or renewal remains in force, and(d) requiring the production of specified information by--(i) applicants for driver licences or the renewal or variation of driver licences, or(ii) holders of driver licences, and(e) the recognition by Transport for NSW of things done under a corresponding driver law in relation to driver licensing, and(f) different classes of driver licences (including, but not limited to, conditional licences, provisional licences and learner licences), and grading each class by reference to the driving skills required for each class, and the eligibility criteria for the issue of each class of licence, and(fa) the use of a digital driver licence, including prescribing circumstances in which a digital driver licence must not be used, and(g) the extension of the period for which a person is required to hold a provisional licence if the person--(i) is convicted or found guilty of an offence against section 129 (Minor must not use false evidence of age) of the Liquor Act 2007 , or(ii) is issued with a penalty notice under section 150 of the Liquor Act 2007 in respect of an alleged offence against section 129 of that Act, and(h) driver licences the subject of graffiti licence orders under the Graffiti Control Act 2008 , and(i) Transport for NSW to exempt a person or class of persons from the requirement to hold a driver licence or a driver licence of a particular class (whether or not subject to conditions imposed by Transport for NSW), and(j) the maintenance of a NSW driver licence register and matters relating to the NSW demerit points register, and(k) the form in which Transport for NSW is to issue evidence of the authority to drive a motor vehicle provided by a driver licence and the circumstances in which that evidence must be surrendered or returned to Transport for NSW, and(l) Transport for NSW to correct any mistake, error or omission in the NSW driver licence register, and(m) the establishment and conduct of competency based assessment schemes relating to driver licensing, and(n) requiring persons who are--(i) applicants for driver licences or the renewal or variation of driver licences, or(ii) holders of driver licences,to submit to tests or re-testing or medical or other examinations for the purpose of assessing fitness to hold or continue to hold a driver licence, or a varied driver licence, and(o) the establishment and conduct of driver training schemes, and(p) without limiting paragraph (n) or (o), driver education courses to be undertaken by holders of driver licences who have exceeded the threshold number of demerit points.
(cf VR Act ss 14(3) and 15(1) and (2)(a)-(c), (h) and (i))
(1) The establishment of a system of registration of registrable vehicles that are used on roads that--(a) provides a means of authorising the use of registrable vehicles on roads, and(b) enables the identification of each registrable vehicle that is used on a road, and of the person responsible for it.
(2) Without limiting subclause (1), the making of provision for--(a) the fixing of the periods for which the registration of registrable vehicles may be effected or renewed, and(b) the calculation of taxes, charges and fees for the registration of registrable vehicles for such periods as may be prescribed by the statutory rules, and(c) the recognition by Transport for NSW of things done under a law of another jurisdiction in relation to vehicle registration, and(d) the form, issue, use, surrender and transfer of plates and registration labels, registration certificates and other registration documents, and(e) the creation of offences in relation to the forgery or alteration of plates and of registration labels, registration certificates and other registration documents and in relation to the use of any such forged or altered plate, label, certificate or document, and(f) the same kinds of matters concerning registration, the use of registered and unregistered vehicles, number-plates, vehicle standards and inspections in respect of which statutory rules could have been made under section 3(1) of the Traffic Act 1909 (as in force immediately before its amendment by the Road Transport (Vehicle Registration) Act 1997 ).
(cf VR Act, s 15A)
(1) General Vehicle standards, inspection or testing of registrable vehicles and the production of registrable vehicles for inspection and testing.
(2) Vehicle standards Without limiting subclause (1), the making of provision for--(a) requirements with respect to the supply of information or documents to purchasers and prospective purchasers of registrable vehicles relating to their compliance with vehicle standards, and(b) the identification of any part (including an engine or engine block) of a registrable vehicle and the use of any such identification, and(c) authorising Transport for NSW to exempt any particular vehicle or class of vehicles from a vehicle standard prescribed by the statutory rules.
(3) Inspections Without limiting subclause (1), the making of provision for--(a) authorising the entry in or on any registrable vehicle (whether or not on a road), and(b) authorising entry into or on any premises ordinarily used for the sale of any registrable vehicle or where a registrable vehicle may be held in possession for sale, and(c) requirements to be observed with respect to the use and disposition of registrable vehicles that do not comply with the vehicle standards prescribed by the statutory rules or that are subject to inspections, and(d) requirements for lodgment, and for the forfeiture of, security for the performance of obligations specified by or under this Act on persons involved in the conduct of inspections, and(e) charges relating to inspections carried out by Transport for NSW or by persons authorised by Transport for NSW to carry out inspections.
The suspension and cancellation of the registration of a registrable vehicle on the grounds of offensive or discriminatory material displayed on the vehicle, including the circumstances in which material is considered to be offensive or discriminatory.
(cf VR Act, s 15(1)(h)-(h2))
(1) Trader's plates in connection with the use of unregistered registrable vehicles on roads.
(2) Without limiting subclause (1), the making of provision for--(a) the form, issue, use, surrender and transfer of trader's plates, and(b) the keeping of records with respect to the driving of vehicles to which trader's plates are attached, and(c) the conferring of powers on police officers to require any driver or person in charge of a vehicle to which a trader's plate is attached to answer questions put to the person concerning the use of the plate.
(cf STM Act, cll 1 and 3(1)(e) of Sch 1)
The regulation or prohibition of traffic, persons and animals on roads,
including the following--
(a) the places in which and the manner in which vehicles or animals may or may not be driven or ridden,
(b) the use of roads by people on foot and other persons and by animals,
(c) speed limits for vehicles (including speed limits that may be varied electronically or otherwise),
(d) approved traffic enforcement devices (including the testing of such devices),
(e) signs and other devices to control, direct or warn traffic,
(f) the marks that are to be used on the surface of roads,
(g) the control and reduction of--(i) danger in vehicle operation, or(ii) traffic congestion,
(h) the conduct of events on roads that may disrupt traffic,
(i) the use of safety equipment by drivers, riders, passengers and other people,
(j) standards of conduct for safety purposes,
(k) the taking, storage, transmission and destruction of blood and urine samples for the purposes of Schedule 3 and other matter to which that Schedule relates,
(l) complying with directions by police officers or other persons prescribed by the statutory rules,
(m) the use of stalls or other means for the sale of goods, or carrying out of any other business or trade, on a road for the purpose of safety and traffic management.
(cf STM Act, cl 2 of Sch 1)
The regulation or prohibition of the parking of vehicles and parked or stopped
vehicles on roads (including disability parking and pay parking), including
the following--
(a) the establishment and operation of schemes for disability parking or pay parking by councils, other persons or bodies,
(b) the fixing and collection of fees for parking by councils, other persons or bodies and the application of such fees by the collector of the fees and the payments to be made to Transport for NSW,
(c) the allocation of the costs in respect of schemes for disability parking or pay parking,
(d) the provision of pay parking by councils and other persons or bodies on a common payment basis,
(e) the installation and operation of devices for use in connection with disability parking or pay parking,
(f) the issue of guidelines by Transport for NSW in respect of disability parking or pay parking schemes and the legal effect of such guidelines,
(g) the granting of approvals by Transport for NSW in respect of the establishment and operation of disability parking or pay parking schemes,
(h) the powers of police officers in respect of the removal of vehicles parked, standing or stopped in space provided for parking and in respect of the closing of spaces for parking,
(i) the resolution of disputes between different councils, other persons and bodies in respect of disability parking or pay parking.
(cf Gen Act, s 26(1); STM Act, cl 3(1)(b)-(d) of Sch 1)
(1) The safe operation of vehicles or combinations on roads, including the following--(a) the loading and unloading and securing of loads,(b) the keeping and production of records and other specified information in connection with the safe operation of vehicles used on roads.
(2) Mass, dimension, load restraint and access requirements with respect to the use of roads by vehicles and combinations and the enforcement of such requirements, including the following--(a) the giving of rectification notices, the detention of vehicles pending rectification and powers of inspection,(b) the issuing of permits and notices to authorise the use of vehicles and combinations despite such restrictions and the fees payable in connection with such permits and notices,(c) the imposition of such restrictions by means of the erection or display of signs,(d) the exercise of inspection and other enforcement powers (including in relation to powers conferred under Chapter 7) in relation to such requirements,(e) the keeping and production of records and other specified information in connection with such requirements,(f) the granting or conferral of exemptions from compliance with such requirements,(g) the creation, approval or use of schemes for the mass management of vehicles or combinations in connection with such requirements.
(3) In this clause--
"access requirement" means a requirement that relates to the roads or class of roads on which a vehicle or combination may or may not be taken, or otherwise limits the area in which a vehicle or combination may or may not operate.
"dimension requirement" means a requirement that relates to the dimensions of a vehicle or combination or a load or component of a vehicle or combination, including (for example)--(a) the dimensions of a vehicle or combination, disregarding its load (if any), or(b) the dimensions of a vehicle or combination including its load, or(c) the dimensions of the load on a vehicle or combination, or(d) the internal measurements of a vehicle or combination, including (for example) the distance between--(i) components of a vehicle or combination, or(ii) vehicles in a combination, or(iii) a vehicle in a combination and a component of another vehicle in the combination.
"load restraint requirement" means a requirement that relates to the restraint or positioning of a load or any part of a load on a vehicle or combination.
"mass requirement" means a requirement that relates to the mass of a vehicle or combination or the mass of or on any component of a vehicle or combination, and includes--(a) a requirement concerning mass limits relating to--(i) the tare mass of a vehicle or combination (that is, the actual mass of the vehicle or combination excluding any load in or on the vehicle or combination), or(ii) the gross mass of a vehicle or combination (that is, the unladen mass of the vehicle or combination together with any load in or on the vehicle or combination), or(iii) the mass of the load in or on a vehicle or combination, or(iv) the mass on a tyre, an axle or an axle group of the vehicle or combination, and(b) a requirement concerning mass limits relating to axle spacing, and(c) mass limits set out on signs (for example, a sign-posted bridge limit).
(cf STM Act, cl 4 of Sch 1)
(1) The payment of a fee by the driver or responsible person for a vehicle in relation to the towing of the vehicle as a consequence of the exercise of functions under this Act or the statutory rules.
(2) The recovery of any such fee by Transport for NSW or any other person as a debt due to the Crown in any court of competent jurisdiction.
(3) The issue of certificates as to the fact and cost of towing and their use as evidence of those matters in proceedings before a court.
(cf STM Act, cl 5 of Sch 1)
(1) The duties of parents and other persons responsible for children (not being older than 16 years and 9 months of age) in respect of the use of roads or vehicles on roads.
(2) The establishment and conduct of schemes to assist children to cross roads safely, including the following--(a) enabling Transport for NSW or a specified person to conduct, or authorise other persons to conduct, such schemes,(b) enabling Transport for NSW or a specified person--(i) to amend or replace such schemes, and(ii) to impose conditions on the authority to conduct schemes, and(iii) to revoke an authority to conduct schemes,(c) signs to be displayed at crossings and the exhibition of such signs,(d) the placement of barriers across or partly across a road near a crossing,(e) conditions relating to the wearing or display of insignias, badges, belts or other articles of uniform by any persons taking part in crossing schemes,(f) providing that evidence that a sign was exhibited, as prescribed, by a person at or near a crossing, is admissible and is prima facie evidence in proceedings in any court that the exhibition of the sign by such person was authorised,(g) the prescription of any other matters necessary or convenient to be prescribed for the purpose of carrying out any such scheme.
(cf STM Act,
cl 6 of Sch 1)
The duties of any driver of a vehicle or other person involved in or affected
by an accident on a road, including in relation to the following matters--
(a) the production of driver licences or other identification to any person by a participant in the accident,
(b) the giving of particulars concerning--(i) the vehicle, persons and property involved in or affected by the accident, or(ii) any damage or injury caused by the accident, or(iii) the identity and addresses of any witnesses to the accident.
(cf STM Act, cl 7 of Sch 1)
The records to be kept by the owner of a vehicle rented to be driven by the
hirer or the hirer's employee or agent and for the inspection of such records
by any police officer.
(cf STM Act, cl 8 of Sch 1)
(1) The marking of tyres of vehicles by means of crayon, chalk or any similar substance by police officers and special constables in the employ of the Commissioner of Police or other authorised officers for any purpose connected with the enforcement of any of the provisions of any Act or any statutory rule made under any Act.
(2) The making of provision for--(a) the seizure and for the taking charge of, removal or towing away of any vehicle that is a danger or unreasonable obstruction to traffic or has been abandoned on a road, or has been caused or permitted to stand, wait, stop or to be parked contrary to law on any part of a road in which is conspicuously displayed a sign exhibiting or including the words "tow away area" or "vehicles impounded" or other words indicating that such a vehicle is subject to seizure, and(b) the keeping or impounding, at a place appointed or set apart by the Commissioner of Police for the purpose, of any vehicle so removed or towed away, and(c) the conditions to be observed before the release of any such vehicle, including a condition for payment of such amount as may, from time to time, be fixed by the Commissioner of Police in respect of the seizure, taking charge of, removal, towing away, keeping, impounding or releasing of any such vehicle, and for the disposal or destruction of any such vehicle if the owner fails within the time prescribed to claim the vehicle and to pay that amount, and(d) the fixing of different amounts by the Commissioner of Police as referred to in paragraph (c) in respect of different classes of vehicles or according to different circumstances, and(e) the conditions to be observed before a vehicle can be seized.
(cf Gen Act, s 11(1))
Any matter dealt with by regulations made under section 7 of the
National Transport Commission Act 2003 of the Commonwealth setting out model
legislation or road transport legislation (within the meaning of that Act).
(cf DL Act, s 20(2)(f)-(i), (r) and (w); Gen Act, s
10(2)(b)-(e); STM Act, cl 9 of Sch 1; VR Act, ss 14(6) and 15(2)(e)-(f))
Fees, including (but not limited to) the following--
(a) the fixing of fees for services provided by Transport for NSW under this Act or the statutory rules, including (without limitation) the fixing of--(i) fees for services provided by Transport for NSW in connection with the licensing of drivers or the renewal or late renewal of driver licences and other matters related to services provided under this Act or the statutory rules in connection with driver licensing, and(ii) fees for services provided by Transport for NSW in connection with the registration, or the late renewal of registration, of registrable vehicles or the issue of an unregistered vehicle permit, and(iii) additional fees for lodging late applications for the renewal of a driver licence or for the renewal or transfer of the registration of a registrable vehicle,
(b) the fixing of fees for permits issued under the statutory rules,
(c) the collection and recovery of fees fixed under this Act or the statutory rules,
(d) the granting or giving of concessions (either in part or in full) for fees fixed under this Act or the statutory rules for specified classes of people,
(e) the refund, or partial refund, of fees fixed under this Act or the statutory rules (including refunds resulting from concessions for fees),
(f) the waiver or postponement of fees fixed under this Act or the statutory rules,
(g) the regulation of the payment and application of fees paid under this Act or the statutory rules.
(cf DL Act, s 20(2)(j); VR Act, s 15(2)(g))
The approval by Transport for NSW of the form in which applications are to be
made to Transport for NSW, and the form in which documents are to be issued by
Transport for NSW, for the purposes of this Act and the statutory rules.
(cf STM Act, cl 10 of Sch 1)
The repeal or amendment of any reference in any Act or statutory rule made
under any Act to any of the statutory rules made under this Act (or to a
provision of the statutory rules made under this Act) where the reference is
(or will become) out of date or otherwise incorrect by reason of the repeal,
amendment, renumbering, renaming or remaking of any statutory rules made under
this Act (or a provision of those statutory rules).