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)
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
spaceRegulation 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 expiredRegulation 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 spaceRegulation 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 paidRegulation 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
materialClause 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 aspracticable
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/projectionsClause 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/lightClause 16—extinguish, interfere with or extinguish/interfere obscure a street light or hazard warning with/obscure street light on road light/hazard
warning lightClause 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 roadClause 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
carriagewayClause 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 vehiclesClause 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 practicableClause 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
officerClause 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 trafficClause 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
noticeClause 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
cyclewayClause 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 |
| 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 ferryClause 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 ferrylight 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 |
| Clause 63 (g)—occupy a position on the flap of a ferry while the ferry is in motion | occupy ferry flag while ferry in |
| 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 |
| 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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