Justices Act 1902 Regulation relating to short descriptions of offences under the Motor Traffic Regulations 1935 and the Roads (General) Regulation 1994 (1994-463) [GG No 111 of 31.8.1994] (NSW)

Case
No judgment structure available for this case.

1994—No. 463

JUSTICES ACT 1902—REGULATION
(Relating to short descriptions of offences under the Motor Traffic Regulations

1935 and the Roads (General) Regulation 1994)

NEW SOUTH WALES

[Published in Gazette No. 111 of 31 August 1994]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Justices Act 1902, has been pleased to make the Regulation set forth hereunder.

J. P. HANNAFORD, M.L.C.,

Minister for Justice.

Commencement

1. (1) Clause 2 commences on 1 September 1994.

(2) Clause 3 commences on 1 March 1995.

Amendment
2. The Justices (Short Descriptions of Motor Traffic and Other Offences) Regulation 1986 is amended:

(a) by inserting at the end of clause 3 the following subclause:

(2) The symbol “ / ” between the words in an expression in Column 2 of Schedule 1 indicates that the provision in Column 1 of the Schedule creates more than one offence. The prescribed expression for any one of those offences consists of the expression

in Column 2 from which the irrelevant words have been omitted.

(b)

by inserting after clause 4 the following clause: descriptions

5. The omission of a short description from Schedule 1 does not
affect any legal proceedings duly commenced, or any information,

1994—No. 463

complaint, summons, warrant, notice, order or other document

duly executed, before the short description was omitted.

(c) by inserting in Schedule 1 in appropriate order in the matter
relating to the Motor Traffic Regulations 1935 the following
matt er:

Regulation 91H (1 )—park a motor vehicle in a metered parking zone except in a metered

park vehicle in metered zone

space outside metered
space

Regulation 91H (2)—park a motor vehicle in a metered space without paying the relevant

park vehicle in metered space

fee for the space for at least the minimum without paying
period of time for which parking in the minimum fee
space must be paid for

Regulation 91H (4)—allow a motor vehicle to remain parked in a metered space if the

park vehicle in metered space after

parking meter for the space indicates that meter expired
the period of time for which parking in the
space has been paid for has expired

Regulation 91H (5)—allow a motor vehicle to remain parked in a metered space for more

park for longer than allowed by

than the period of time indicated by metered parking
metered parking signs as the maximum signs
number of hours for which a motor vehicle
may be parked in the space

Regulation 91I (a)—park a motor vehicle in a metered space while any other vehicle is

park vehicle in metered space

parked in the space occupied by
another vehicle

Regulation 91I (b)—park a motor vehicle in a metered space in such a manner that any

park vehicle across markings of

part of the vehicle lies over the markings metered space
for the space

Regulation 91J (2)—park a motor vehicle in a metered space while a sign is erected

park vehicle in discontinued

indicating that the use of the space is metered space
temporarily discontinued

Regulation 91K (a)—insert in a parking meter anything other than coins or other means

insert prohibited matter into parking

of payment, as specified on the meter meter

Regulation 91K (b)—deface any parking meter or affix anything to any parking meter

deface/affix

any thing

to parking meter

1994—No. 463

Regulation 91R (1)—park a motor vehicle in a ticket parking space unless a current

park vehicle in ticket parking space

parking ticket is prominently displayed in without current
or on the front left-hand portion of the ticket
vehicle

Regulation 91R (3)—allow a motor vehicle to remain parked in a ticket parking space

park vehicle in ticket parking space after

after the expiry of the parking ticket ticket expired
displayed in or on the vehicle

Regulation 91R (4)—allow a motor vehicle to remain parked in a ticket parking space for

park for longer than allowed by ticket

more than the period of time indicated by parking signs
ticket parking signs as the maximum
number of hours for which a motor vehicle
may be parked in the space
Regulation 91S (a)—park a motor vehicle in a park vehicle in
ticket parking space while any other vehicle occupied ticket
is parked in the space parking space
Regulation 91S (b)—park a motor vehicle in a park vehicle across
ticket parking space in such a manner that markings of ticket
any part of the vehicle lies over the parking space
markings for the space

Regulation 91T (2)—park a motor vehicle in a ticket parking space while a sign is

park vehicle in

discontinued ticket

erected indicating that the use of the space parking space
is temporarily discontinued

Regulation 91U (a)—display on a motor vehicle that is parked in a ticket parking

display article/thing falsely resembling

space any article or thing resembling a parking ticket
parking ticket that falsely suggests that the
relevant parking fee has been paid

Regulation 91U (b)—display on a motor vehicle that is parked in a ticket parking

display altered

defaced/mutilated/

space any parking ticket that is altered, illegible parking
defaced, mutilated or illegible ticket

Regulation 91V (a)—insert in a ticket machine anything other than coins or other means

insert prohibited matter into ticket

of payment, as specified on the machine machine
Regulation 91V (b)—deface any ticket deface/affix anything
machine or affix anything to any ticket to ticket machine
machine

Regulation 91BB (1)—park a motor vehicle in a coupon parking space unless a current

park vehicle in

coupon parking

parking ticket is prominently displayed in space without
or on the front left-hand portion of the current coupon
vehicle

1994—No. 463

Regulation 91BB (3)—display more than 3 parking coupons at any one time on a

display more than 3

coupons at a time

motor vehicle that is parked in a coupon

parking space

Regulation 91BB (4)—allow a motor vehicle to remain parked in a coupon parking

park vehicle in coupon parking

space after the expiry of the parking space after coupon
coupon displayed on the vehicle expired

Regulation 91BB (5)—allow a motor vehicle to remain parked in a coupon parking

park for longer than

allowed by coupon

space for more than the period of time parking signs
indicated by coupon parking signs as the
maximum number of hours for which a
motor vehicle may be parked in the space

Regulation 91CC (a)—park a motor vehicle in a coupon parking space while any other

park vehicle in occupied coupon

vehicle is parked in the space parking space

Regulation 91CC (b)—park a motor vehicle in a coupon parking space in such a manner

park vehicle across markings of

that any part of the vehicle lies over the coupon parking
markings for the space space

Regulation 91DD (2)—park a motor vehicle in a coupon parking space while a sign is

park vehicle in discontinued

erected indicating that the use of the space coupon parking
is temporarily discontinued space

Regulation 91EE (a)—display on a motor vehicle that is parked in a coupon parking

display article/thing falsely resembling

space any article or thing resembling a parking coupon
parking coupon that falsely suggests that
the relevant parking fee has been paid

Regulation 91EE (b)—display on a motor vehicle that is parked in a coupon parking

display altered/ defaced/mutilated

space any parking coupon that is altered, illegible parking
defaced, mutilated or illegible coupon
(d) by inserting in Schedule 1 in appropriate order the following
matter:
Roads (General) Regulation 1994
Clause 6 (3)—disregard the reasonable disregard traffic
directions of a traffic controller controller

Clause 11 (1) (a)—place on a road anything likely to injure any person or damage any

place on road thing likely to injure

thing person/damage
vehicle

1994—No. 463

Clause 11 (1) (b)—place on a road anything likely to restrict or endanger the use of the

place on road thing likely restrict/

road or interfere with public convenience Clause 11 (1) (b)—place on a road anything

endanger road use place on road thing

likely to interfere with public convenience likely interfere
with public
convenience

Clause 11 (1) (c)—load or unload a vehicle on or from the shoulder of a road in a

unload/load vehicle on/from shoulder

manner likely to cause damage to the road likely cause road
damage

Clause 11 (1) (d)—allow escape onto road of any liquid or any loose or waste material

allow escape onto

road of liquid/
loose/waste
material

Clause 11 (3) (a)—not place out of the line of traffic anything left on road because of

fail to place things out of line of

the breakdown of a vehicle or animal by traffic
which it is being carried

Clause 11 (3) (b)—not ensure that anything left on road because of the breakdown of a

fail to ensure things on road adequately

vehicle or animal by which it is being guarded
carried is adequately guarded to prevent its
being a danger to the public

Clause 11 (3) (c)—not ensure that anything left on road because of the breakdown of a

fail to ensure things on road adequately

vehicle or animal by which it is being lit at night
carried is adequately lit at night

Clause 11 (3) (d)—not cause anything left on road because of the breakdown of a vehicle

fail to remove things from road

or animal by which it is being carried to
be removed from the road as soon as

practicable

Clause 12 (a)—drive vehicle or animal on road in such manner as to cause damage to

drive on road vehicle/ animal that causes

road or any structure or work on the road damage to road
structure/work

Clause 12 (b)—tether on any road an animal capable of causing damage to the road or a

tether animal on road capable of causing

structure or work on the road damage to road/
structure/work

Clause 13 (1) (a)—propel or drag anything on surface of road capable of causing damage

propel/drag

any thing

on road capable of

to the road or a structure or work on the causing damage to
road road/structure/work

1994—No. 463

Clause 13 (1) (b)—drive vehicle on road with drive vehicle with
chains on wheels otherwise than on a road wheel chains on
whose surface is covered with mud, snow road that not
or ice slippery

Clause 13 (2)—drive on a road a vehicle with caterpillar tracks or wheels having

drive on a road vehicle with

spikes, bars or other projections without the caterpillar tracks/
permission of road authority wheels with spikes/
bars/projections
Clause 14—drive a vehicle on a road if it is drive on road vehicle
in such a state of disrepair as to cause in such disrepair
damage to the road or any structure or as to damage road
work on the road work/structure
Clause 15—carry out work on road without carry out road work
guarding hazard and lighting it at night without hazard
guard/light
Clause 16—extinguish, interfere with or extinguish/interfere
obscure a street light or hazard warning with/obscure street
light on road light/hazard
warning light
Clause 17—jump onto or from bridge situated jump onto/from
on or forming part of road bridge on road
Clause 18—cast or throw material onto road, cast/throw material
or into a vehicle on a road, from a onto road/into
building without the permission of a roads vehicle from
authority building
Clause 19—being an occupier of land, allow allow water to drip/
water to drip or flow from land having flow on road from
frontage on a road adjoining land
(occupier)
Clause 20—excavate land in vicinity of a road excavate near road so
if the excavation is capable of causing as to threaten
damage to the road or to a work or damage to road/
structure on the road structure/work
Clause 21—erect, maintain or use a door or erect/maintain/use
gate that opens outwards into a road door/gate opening
outwards into road

Clause 23 (1)—drive a vehicle past a toll barrier without payment of the relevant toll

drive vehicle past tollway without

or an appropriate direction to drive past payment/direction
without payment
Clause 23 (3)—fail to pay a toll in fail to pay toll
accordance with direction to pay within 7 directed to be paid
days within 7 days

1994—No. 463

Clause 24 (2)—pay a toll to authorised officer by paying money enclosed in a container,

pay toll money to officer in

package or receptacle of any kind container/package/
receptacIe

Clause 24 (3) (a)—pay a toll to automatic toll collecting machine by placing money

pay toll money to machine in

enclosed in a container, package or container/package/
receptacle of any kind receptacle

Clause 24 (3) (b)—pay a toll to automatic toll collecting machine by placing coins of a

pay toll money to machine with

denomination that are not accepted by the wrong coin
machine denomination
Clause 26—fail to pay toll to RTA on fail to pay toll to
demand within time specified in the RTA on demand
demand

Clause 27—drive a vehicle on any part of a tollway other than a carriageway

drive vehicle other

than on tollway
carriageway

Clause 28 (1)—walk on tollway other than on footway or footbridge

walk other than on

tollway footway or

footbridge

Clause 29 (1)—leave a vehicle unattended on a tollway

leave vehicle

unattended on

toll way

Clause 30—load or unload a vehicle on a tollway otherwise than in accordance with

load/unload vehicle on tollway without

the directions of authorised officer officer's directions

Clause 31—being the driver of a vehicle that has broken down on a tollway, fail to take

fail to park broken vehicle off tollway

all reasonable steps to ensure that the (driver)
vehicle is parked off the carriageway

Clause 31—being the driver of a vehicle that has broken down on a tollway, fail to take

fail to warn traffic of broken vehicle on

all reasonable steps to ensure that adequate tollway (driver)
measures are employed to warn of the
traffic hazard to other vehicles

Clause 31—being the driver of a vehicle that has broken down on a tollway, fail to take

fail to remove broken vehicle from

all reasonable steps to ensure that the tollway (driver)
vehicle is removed from the tollway as
soon as practicable

Clause 32—being a in charge of an animal, allow the animal to stray onto any part of

allow animal to stray on tollway (person

a tollway in charge)

1994—No. 463

Clause 35 (2)—contravene a lawful direction given by an authorised officer concerning

contravene lawful

a tollway direction
toll way of authorised
officer

Clause 36 (3)—contravene a lawful direction contained in a RTA notice displayed near

contravene

direct ion

a in RTA tollway
tollway notice
Clause 41 (a)—climb on any part of a bridge climb on bridge

Clause 41 (b)—remain on the moving span of a bridge while it is closed to traffic

remain on moving

span of bridge
closed to traffic

Clause 42—light, maintain or use a fire on, under or in the immediate vicinity of a

Iight/maintain/use fire on/under/near

bridge bridge
Clause 44 (2)—fish from a bridge in fish from bridge in
contravention of a roads authority notice contravention of
roads authority
notice

Clause 45 (2)—contravene any traffic direction given by a roads authority or bridge

contravene bridge traffic direction

operator in relation to the opening and

closing of a bridge

Clause 46—ride a bicycle on Sydney Harbour Bridge other than on a cycleway

riding bicycle on

Harbour Bridge
except on
cycleway

Clause 47 (1) (a)—sell any goods on the Sydney Harbour Bridge except in

sell goods on

Harbour Bridge

accordance with a permit without permit

Clause 47 (1) (a)—hire any goods on the Sydney Harbour Bridge except in

hire goods on

Harbour Bridge

accordance with a permit without permit

Clause 47 (1) (a)—offer any goods for sale on the Sydney Harbour Bridge except in

offer sell goods on Harbour Bridge

accordance with a permit without permit

Clause 47 (1) (a)—offer any goods for hire on the Sydney Harbour Bridge except in

offer hire goods on Harbour Bridge

accordance with a permit without permit

Clause 47 (1) (b)—provide any services for fee, gain or reward on the Sydney Harbour

provide services on Harbour Bridge

Bridge except in accordance with a permit Clause 47 (1) (b)—offer any services for fee,

without permit offer services on

gain or reward on the Sydney Harbour Harbour Bridge
Bridge except in accordance with a permit without permit

1994—No. 463

Clause 47 (1) (c)—conduct any entertainment on the Sydney Harbour Bridge except in

conduct entertainment on Harbour Bridge

accordance with a permit without permit

Clause 47 (1) (c)—conduct any exhibition on the Sydney Harbour Bridge except in

conduct exhibition on Harbour Bridge

accordance with a permit without permit
Clause 47 (1) (c)—participate in any participate
entertainment on the Sydney Harbour entertain men t on

Bridge except in accordance with a permit

Harbour Bridge without permit

Clause 47 (1) (c)—participate in any participate exhibition
exhibition on the Sydney Harbour Bridge on Harbour Bridge
except in accordance with a permit
without permit t
Clause 47 (1) (d)—conduct any public conduct assembly on
assembly on the Sydney Harbour Bridge Harbour Bridge
except in accordance with a permit without permit
Clause 47 (1) (d)—conduct any public conduct procession on
procession on the Sydney Harbour Bridge Harbour Bridge
except in accordance with a permit without permit

Clause 47 (1) (d)—participate in any public assembly on the Sydney Harbour Bridge

participate assembly on Harbour Bridge

except in accordance with a permit without permit

Clause 47 (1) (d)—participate in any public procession on the Sydney Harbour Bridge

participate procession on Harbour Bridge

except in accordance with a permit without permit

Clause 47 (1) (e)—display any advertisement on the Sydney Harbour Bridge except in

display advertisement on Harbour Bridge

accordance with a permit without permit

Clause 47 (1) (e)—distribute any advertising matter on the Sydney Harbour Bridge

distribute advertising on Harbour Bridge

except in accordance with a permit without permit
Clause 48—moor a vessel to a bridge moor vessel to bridge
Clause 48—make fast any floating timber to a make fast floating
bridge timber to bridge

Clause 49 (1) (a)—being the master of a vessel, cause or allow the vessel to pass

cause/allow vessel to exceed speed limit

through or under a bridge while exceeding through/under
the speed limit bridge (master)

Clause 49 (1) (b)—being the master of a vessel, cause or allow the vessel to pass

cause/allow vessel through/under

through or under a bridge except under bridge without
power or on tow power or tow
(master)

1994—No. 463

Clause 49 (1) (c)—being the master of a vessel, cause or allow the vessel to tow

cause/allow vessel to tow with tide

another vessel through or under a bridge through/under
while travelling on the tide bridge (master)

Clause 49 (1) (d)—being the master of a vessel, cause or allow the vessel to pass

cause/allow vessel to pass through/under

through or under a bridge abreast another bridge abreast
vessel other vessel
(master)

Clause 50—being a bridge operator, fail to ensure that navigation lights are displayed

fail to ensure bridge

navigation lights

to vessels approaching the bridge from displayed (operator)
either direction

Clause 53 (1)—being the master of a vessel, cause or allow the vessel to approach a

cause/allow vessel to

approach unopened

bridge within 100 metres (or the distance bridge (master)
specified by the Maritime Services Board
for the particular bridge) before the “bridge
open” signal is given

Clause 53 (2)—being the master of a vessel, fail to give “ready to pass through signal”

fail to give bridge “ready to pass

to the bridge operator after the bridge is signal" (master)
opened

Clause 53 (2)—being the master of a vessel, fail to take vessel through bridge without

fail to take vessel promptly through

delay after giving “ready to pass through open bridge
signal” to the bridge operator (master)

Clause 55 (3)—damage, deface or destroy a ferry notice displayed by the roads at

damage/deface/destroy ferry notice

access point to a ferry from a mad displayed at access
point to ferry

Clause 57—use a ferry without paying the charge for the ferry

use ferry without paying ferry charge

Clause 58—board a ferry before being allowed to do so by ferry operator

board ferry before

allowed by ferry
operator

Clause 59—drive a vehicle or animal towards any ferry beyond any sign displaying the

drive vehicle/animal to ferry beyond

word “STOP” until allowed to do so by “STOP” sign
ferry operator without permission
Clause 60 (1) (a)—sell any goods on a ferry sell goods on ferry
Clause 60 (1) (a)—hire any goods on a ferry hire goods on ferry

Clause 60 (1) (a)—offer any goods for sale on a ferry

offer to sell goods on

ferry

1994—No. 463

Clause 60 (1) (a)—offer any goods for hire on a ferry

offer to hire goods

on ferry

Clause 60 (1) (b)—provide any services for fee, gain or reward on a ferry

provide services for gain on ferry

Clause 60 (1) (b)—offer any services for fee, gain or reward on a ferry

offer services for gain

on ferry

Clause 60 (1) (c)—conduct any entertainment on a ferry

conduct entertainment

on ferry

Clause 60 (1) (c)—conduct any exhibition on conduct exhibition on
a ferry ferry
Clause 60 (1) (c)—participate in any participate in
entertainment on a ferry entertainment on
ferry
Clause 60 (1) (c)—participate in any participate in
exhibition on a ferry exhibition on ferry
Clause 61 (2)—being a person in charge of a fail to extinguish
vehicle, fail to comply with a lawful vehicle light when
direction by a ferry operator to extinguish directed
a light on the vehicle

Clause 62—being a foot passenger of a ferry, occupy any part of the ferry set aside for

occupy vehicle/animal area on ferry (foot

vehicles or animals if special passenger)

accommodation exists for foot passengers Clause 63 (a)—opstruct any ferry

obstruct ferry

Clause 63 (a)—interfere with any ferry interfere with ferry
Clause 63 (b)—obstruct a ferry operator obstruct ferry operator
Clause 63 (c)—obstruct person boarding a obstruct person
ferry boarding ferry
Clause 63 (c)—obstruct person leaving a ferry obstruct person
leaving ferry
Clause 63 (d)—being a person in control of a leave vehicle
vehicle, leave the vehicle unattended on a unattended on ferry
ferry

Clause 63 (d)—being a person in control of an animal, leave the vehicle unattended on

leave animal

unattended on ferry

a ferry

Clause 63 (e)—open any container of petrol or other inflammable spirit on a ferry

open container of petrol/inflammable

otherwise than in connection with the spirit on ferry
working of a ferry

Clause 63 (e)—light match on a ferry

otherwise than in connection with the
working of a ferry

light match on ferry

1994—No. 463

Clause 63 (e)—expose naked light on a ferry otherwise than in connection with the

expose naked light on

ferry

working of a ferry

Clause 63 (f)—smoke on a ferry smoke on ferry

Clause 63 (g)—move on to a position on the flap of a ferry while the ferry is in motion

move on to ferry flap

while ferry in
motion

Clause 63 (g)—occupy a position on the flap of a ferry while the ferry is in motion

occupy ferry flag

while ferry in
motion

Clause 63 (g)—move on to a position on the flap of a ferry before ferry operator

move on to ferry flap without permission

signifies permission to embark or disembark Clause 63 (g)—occupy a position on the flap

occupy ferry flap

of a ferry before ferry operator signifies without permission
permission to embark or disembark

Clause 64 (3)—contravene a direction given by a ferry operator concerning the

contravene ferry operator traffic

regulation of traffic in relation to the direction
operation of the ferry

Clause 65 (1)—being a ferry operator, fail to keep all gates and exits from the ferry

fail to keep moving ferry’s gates and

securely closed while the ferry is in motion exits closed
(operator)

Clause 65 (2)—being a ferry operator, fail to cause ferry to be securely moored before

fail to securely moor ferry before

allowing any person, vehicle or animal to person/vehicle/
board ferry animal aboard
(operator)

Clause 65 (2)—being a ferry operator, fail to cause gates to be adjusted before allowing

fail to adjust ferry gates before

any person, vehicle or animal to board person/vehicle/
ferry animal aboard
(operator)

Clause 71—being the holder of a public gate permit, fail to ensure that the gate is white

fail to ensure gate is

white (permit
holder)

Clause 71—being the holder of a public gate permit, fail to ensure that the posts on

fail to ensure gate posts have

either side of the gate are fitted with reflectors (permit
reflectors facing along the road in each holder)
direction

1994—No. 463

Clause 72—being the holder of a public gate permit, fail to ensure that the road

fail to ensure gate approach good

approaches to the gate are maintained in order (permit
good order for such distance and width as holder)
the roads authority may determine when
granting the permit

(e)

by omitting from Schedule 1 the matter relating to the following Acts and Regulations:

• Motor Vehicle Driving Instructors Act 1967
• Motor Vehicle Driving Instructors Regulation 1967
• Pastures Protection Act 1934
• State Roads (Sydney Harbour Bridge) Regulation 1987
• Transport Act 1930
• Transport (Public Vehicles) Regulations 1930
• Transport Accidents Compensation Act 1987
• Transport Licensing Act 1931

• Transport Licensing Regulations 1931

Further amendment

3. The Justices (Short Descriptions of Motor Traffic and Other Offences) Regulation 1986 is further amended by omitting from Schedule

1 the matter relating to the following Regulations:

• Roads (General) Transitional Regulation 1993
• Roads (Tollways) Transitional Regulation 1993

• Traffic (Parking) Transitional Regulation 1993

EXPLANATORY NOTE

The object of this Regulation is to prescribe the short descriptions that, under section 145B of the Justices Act 1902, are sufficient to state or describe, in any information complaint, summons, warrant, notice, order or other document:

(a) certain parking offences under the Motor Traffic Regulations 1935; and
(b) certain other offences under the Roads (General) Regulation 1994.

The Regulation also omits provisions with respect to various repealed Acts and regulations and ensures that any such repeal does not affect legal proceedings commenced before the repeal takes effect.

This Regulation is made under the Justices Act 1902, including section 154 (the general regulation making power) and section 145B.

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