Justices Act 1902 Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Two-up Driving) Regulation 1996 (1996-485) [GG No 110 of 27.9.1996] (NSW)

1996 No 485

New South Wales

Justices (Short Descriptions of Motor

Traffic and Other Offences)
Amendment (Two-up Driving)

Regulation 1996

under the

Justices Act 1982

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Justices Act 1902.

MICHAEL KNIGHT, M.P.,

Minister for Roads

Explanatory note

The object of this Regulation is to revise the short descriptions for use on penalty notices relating to certain offences against Part 11A (Driving hours of heavy motor vehicles and coaches) of the Motor Traffic Regulations 1935 and to make certain other changes for the sake of law revision.

This Regulation is made under the Justices Act 1902, including section 145B

(Short descriptions of certain offences).

Published in Gazette No 110 of 29 September 1996, page 6578 Page 1

1996 No 485

Clause 1 Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Two-up Driving) Regulation 1996

Justices (Short Descriptions of Motor Traffic
and Other Offences) Amendment (Two-up

Driving) Regulation 1996

1 Name of Regulation

This Regulation is the Justices (Short Descriptions of Motor Trafic and Other Offences) Amendment (Two-up Driving) Regulation 1996.

2 Commencement

This Regulation commences on 30 September 1996.

3     Amendment of Justices (Short Descriptions of Motor Traffic and Other Offences) Regulation 1986

The Justices (Short Descriptions of Motor Traffic and Other Offences) Regulation 1986 is amended as set out in Schedule l.

4 Notes

The explanatory note does not form part of this Regulation.

1996 No 485

Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Two-up Driving) Regulation 1996

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1] Schedule 1, matter relating to the Roads (General) Regulation 1994

Omit “being a’’ from the matter relating to clause 32.
Insert instead “being a person”.

[2] Schedule 1, matter relating to the Roads (General) Regulation 1994

Omit “the roads” from the matter relating to clause 55 (3).
Insert instead “the roads authority”.

[3] Schedule 1, matter relating to the Roads (General) Regulation 1994

Omit “animal, leave the vehicle” from the matter relating to clause
63 (d).
Insert instead “animal, leave the animal”.

[4]        Schedule 1, matter relating to the Motor Traffic Regulations 1935

Omit the matter relating to Regulation 126A (1). Insert instead:

Regulations 126A (1). 129—drive	drive more than 5 hrs (heavy
Part 11A motor vehicle if driver	vehicle or coach)

has not, after any period of 5
hours of driving one or more Part
11A vehicles, taken a rest of at
least 30 minutes

1996 No 485

Justices (Short Descriptions of Motor Traffic and Other offences) Amendment (Two-up Driving) Regulation 1996

Schedule 1 Amendments

[5]        Schedule 1, matter relating to the Motor Traffic Regulations 1935

Omit the matter relating to Regulation 126A (2). Insert instead:

Regulations 126A (2) (a), 129— drive more than 12 hrs in 24 hrs

drive heavy motor vehicle on a (heavy vehicle)

public street if driver has driven
one or more Part 11A vehicles for
periods totalling 12 hours or more
during the preceding 24 hour
period

Regulations 126A (2) (b), 129—	drive without 9 hrs rest in last 24
drive heavy motor vehicle on a	hrs (heavy vehicle)

public street if driver has not had
at least 9 hours of rest, 6 of which
must be consecutive and in a
sleeper-cab or away from Part 11A
vehicles in the preceding 24 hour
period

Regulations 126A (2) (c), 129—	drive more than 72 hrs during 7
drive heavy motor vehicle on a	days (heavy vehicle)

public street if driver has driven
one or more Part 11A vehicles for
periods totalling 72 hours or more
during the preceding 7 day period

Regulations 126A (2) (d), 129—	drive without 24 hrs rest in 7 days
drive heavy motor vehicle on a	(heavy vehicle)

public street if driver has not had
at least one period of 24
consecutive hours of rest away
from Part 11A vehicles during the
preceding 7 day period

Regulations 126A (2A) (a), 129—	drive more than 12 hrs in 24 hrs
drive coach (otherwise than under	(coach-solo)

two-up arrangement) on a public street if driver has driven one or more Part 11A vehicles for periods

totalling 12 hours or more during
the preceding 24 hour period

1996 No 485

Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Two-up Driving) Regulation 1996

Amendments Schedule 1

Regulations 126A (2A) (b), 129—	drive without 12 hrs rest in last 24
drive coach (otherwise than under	hrs (coach—solo)
two-up arrangement) on a public street if driver has not had at least 12 hours of rest, 8 of which must be consecutive and in a sleeper-cab or away from Part 11A vehicles, during the preceding 24 hour period
Regulations 126A (2A) (c), 129—	drive more than 72 hours in last 7
drive coach (otherwise than under	days (coach—solo)
two-up arrangement) on a public street if driver has driven one or more Part 11A vehicles for periods
totalling 72 hours or more during the preceding 7 day period
Regulations 126A (2A) (d), 129—	dri ve without 96 hrs rest in last
drive coach (otherwise than under	672 hours (coach—solo)
two-up arrangement) on a public street if driver has not had at least 96 hours of rest away from Part 11A vehicles during preceding 672 hours
Regulations 126A (2B) (a), 129—	drive more than 11 hrs in last 24
drive coach (under two-up	hrs (coach—two-up)
arrangement) on a public street if driver has driven one or more Pm 11A vehicles for periods totalling 11 hours or more during the preceding 24 hour period
Regulations 126A (2B) (b), 129—	drive without 13 hrs rest in last 24
drive coach (under two-up	hrs (coach—two-up)
arrangement) on a public street if driver has not had at least 13 hours of rest, 5 hours and 30 minutes of which must be consecutive and in a sleeper-cab or away from Part 11A vehicles, in the preceding 24 hour period

1996 No 485

Justices (Short Descriptions of Motor Traffic and Other Offences) Amendment (Two-up Driving) Regulation 1996

Schedule 1 Amendments

Regulations 126A (2B) (c), 129—	drive without 13 hrs rest in last 53
drive coach (under two-up	hrs (coach—two-up)
arrangement) on a public street if driver has not had at least 13 hours of rest away from Part 11A vehicles in previous 53 hours
Regulations 126A (2B) (d), 129—	drive more than 66 hrs in last 7
drive coach (under two-up	days (coach—two-up)
arrangement) on a public street if driver has driven one or more Part 11A vehicles for periods totalling 66 hours or more during preceding 7 day period
Regulations 126A (2B) (e), 129—	drive without 102 hrs rest in last
drive coach (under two-up	168 hrs (coach—two-up)
arrangement) on a public street if driver has not had at least 102 hours of rest in sleeper-cab or away from Part 11A vehicles during preceding 168 hours
Regulations 126A (2B) (f), 129—	drive without 96 hrs rest in last
drive coach (under two-up	672 hrs (coach—two-up)
arrangement) on a public street if driver has not had at least 96 hours of rest away from Part 11A vehicles in previous 672 hours

[6]        Schedule 1, matter relating to the Motor Traffic Regulations 1935

Omit the matter relating to Regulation 126C (2) (a). Insert instead:

Regulations 126C (2) (a), 129—not not make required log book entries
enter in accordance with directions
provided in log book particulars of
times and places at which the
holder has commenced and ended
periods of driving or of rest

Regulations 126C (2) (a), 129—not	not make required log book entries
enter in duplicate in the log book	in duplicate

particulars of times and places etc