Justices Act 1902 Regulation relating to short descriptions of traffic offences (1990-104a) [GG No 29 of 23.2.1990] (NSW)
1990 - NO. 104A
JUSTICES ACT 1902 - REGULATION
(Relating to short descriptions of traffic offences)
NEW SOUTH WALES
[Published in Gazette No. 29 of 23 February 1990]
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.
JOHN DOWD
Attorney General.
Commencement
1. This Regulation commences on *
Amendments
2. The Justices (Short Descriptions of Motor Traffic and Other
Offences) Regulation 1986 is amended:
(a) by omitting from Columns 1 and 2, respectively, of Schedule 1 under the heading "Traffic Act 1909" the following matter:
Section 8C (1) (a) (i), (10) – drive motor vehicle having unladen weight not have 1/2 hour rest in 5 hours driving in excess of 2 tonnes without interval of at least 1/2 hour for rest and refreshment at end of 5 consecutive hours' driving
* The regulation commenced on 23 February 1990.
1990 – NO. 104A
Section 8C (1) (a) (ii), (10) - drive drive after having
motor vehicle having unladen weight driven more than in excess of 2 tonnes after having 12 hrs in last 24 hrs driven for more than 12 hours in
the preceding 24 hoursSection 8C (1) (a) (iii), (10) - drive motor vehicle having unladen weight
drive without having 5 hrs consecutive rest
in excess of 2 tonnes without in last 24 hrs having at least 5 consecutive hours
for rest in the preceding 24 hoursSection 8C (1) (a) (iv), (10) - drive a drive 7 days without
motor vehicle having unladen weight 24 consecutive
in excess of 2 tonnes without having hours rest at least one period of 24 consecutive hours for rest during the preceding 7 days
Section 8C (1) (a) (iv), (10) – drive a drive 14 days without
motor vehicle having unladen weight 2 x 24 consecutive in excess of 2 tonnes without having hours rest 2 periods of rest, each of at least 24
consecutive hours, during the preceding 14 days
Section 8C (1) (b) (i), (10) - permit a permit driver not to
person to drive a motor vehicle have 1/2 hour rest having an unladen weight in excess after 5 hours of 2 tonnes without an interval of at driving least 1/2 hour for rest and refresh- ment at the end of any 5 consecutive hours driving
Section 8C (1) (b) (ii), (10) - permit a person to drive a motor vehicle
permit driver to drive more than 12 hours
having an unladen weight in excess in 24 hours of 2 tonnes after having driven for more than 12 hours during the preceding 24 hours
1990 – NO. 104A
Section 8C (1) (b) (iii), (10) - permit a permit driver not to
person to drive a motor vehicle have 5 consecutive having an unladen weight in excess hours rest in 24 of 2 tonnes without having at least 5 hours consecutive hours for rest in the
preceding 24 hoursSection 8C (1) (b) (iv), (10) - permit a permit driver not to
person to drive a motor vehicle have 24 con- having an unladen weight in excess secutive hours rest of 2 tonnes without having at least in 7 days one period of 24 consecutive hours for rest during the preceding 7 days
Section 8C (1) (b) (iv), (10) - permit a permit driver not to
person to drive a motor vehicle have 2 x 24
having an unladen weight in excess consecutive hrs rest of 2 tonnes without 2 periods of rest, in 14 days each of at least 24 consecutive hours, during the preceding 14 days
(b)
by inserting in appropriate numerical order in Columns 1 and 2, respectively, of Schedule 1 under the heading “Motor Traffic Regulations 1935” the following matter:
Regulations 126A (1), 129 – drive one or more vehicles to which Part 11A of the Regulations applies if driver has not, after any period of 5 hours of driving one or more such vehicles, taken a rest of at least 30 minutes
drive more than 5 hrs
Regulations 126A (2) (a), 129 – drive a vehicle to which Part 11A of the
drive more than 12
hrs in 24 hrs
Regulations applies on a public street if driver has driven one or more such vehicles for periods totalling 12 hours or more during the preceding 24 hour period
1990 - NO. 104A
Regulations 126A (2) (b), 129 - drive a vehicle to which Part 11A of the
drive
without
minimum pre-
Regulations applies on a public scribed rest in last street if driver has not had at least 9 24 hrs hours of rest, 6 of which must be consecutive and in a sleeper-cab or away from such vehicles in the preceding 24 hour period
Regulations 126A (2) (c), 129 - drive a vehicle to which Part 11A of the
drive in excess of 72 hrs during 7 day
Regulations applies on a public period street if driver has driven one or more such vehicles for periods totalling 72 hours or more during preceding 7 day period
Regulations 126A (2) (d), 129 - drive a vehicle to which Part 11A of the
drive
without
24
consecutive hrs rest
Regulations applies on a public during 7 day street if driver has not had at least period one period of 24 consecutive hours for rest away from such vehicles during preceding 7 day period
Regulations 126A (3), 129 - cause the driving of one or more vehicles to cause drive contrary to Reg. 126A which Part 11A of the Regulations applies in contravention of Regulation 126A
Regulations 126A (3), 129 - permit the driving of one or more vehicles to permit drive contrary to Reg. 126A which Part 11A of the Regulations applies in contravention of Regulation 126A
1990 - NO. 104A
Regulations 126A (3), 129 - induce the driving of one or more vehicles to induce drive contrary to Reg. 126A which Part 11A of the Regulations applies in contravention of Regulation 126A
Regulations 126A (4), 129 - fail to fail to inform that
inform as required driving would be
illegalRegulations 126B (5), 129 - not not surrender log surrender log book on demand by book to police member of Police Force
Regulations 126B (5), 129 - not not surrender log
surrender log book on demand by book to authorised authorised officer officer Regulations 126C (1), 129 - not carry in vehicle to which Part 11A of the
not carry log book in
vehicle
Regulations applies an authorised log book which has been issued to the driver
Regulations 126C (2) (a), 129 - not not make required log
enter in accordance with directions book entries provided in the log book particulars of times and places at which the holder has commenced and ended periods: (i) of driving; and
(ii)
of resting or using a sleeper-cab; and
(iii) away from vehicles to which Part 11A of the Regulations applies
Regulations 126C (2) (a), 129 - not not make required log
enter in duplicate in the log book book entries in particulars of times and places etc. duplicate
1990 - NO. 104A
Regulations 126C (2) (b), 129 - not use pages of log book in strict sequence
not use pages of log book sequentially
Regulations 126C (2) (c), 129 - not not make log book
make entries in log book in entries in chrono- chronological order logical order Regulations 126C (2) (d), 129 - not, on not sign log book
completion of a page in a log book, page certify the entries on that page by signing the page in the space provided
Regulations 126C (5), 129 - not carry not carry log book
document certifying exemption in exemption vehicle to which Part 11A of the Regulation applies (Reg. 126C (1))
Regulations 126C (5), 129 - not driver not produce
produce document certifying log book
exemption for inspection by exemption to
member of the Police Force (Reg. police 126F (1) (a)) Regulations 126C (5), 129 - not driver not produce
produce document certifying log book
exemption for inspection on demand exemption to by authorised officer (Reg. 126F authorised officer (1) (a)) Regulations 126D (1), 129 - person to driver not give or
whom an authorised log book has send duplicate log been issued (who drives but is not book page the registered owner of a vehicle to which Part 11A of the Regulations applies) not give or send, at least once in each week, to the owner of the vehicle a duplicate copy of each page which has been or should have been used in respect of the vehicle
1990 - NO. 104A
Regulations 126D (2) (a), 129 - owner not obtain
registered owner of vehicle to which duplicate page Part 11 A of the Regulations applies (who is not the driver) not, at least once in each week, obtain from every driver a duplicate copy of each page which has been or should have been used by the driver
Regulations 126D (2) (b), 129 - owner not keep
registered owner of vehicle to which duplicate pages for Part 11A of the Regulations applies each driver (who is not the driver) not retain separately duplicate pages of log book separately for each driver (if more than one)
Regulations 126D (2) (b), 129 - owner not keep
registered owner of vehicle to which duplicate pages Part 11 A of the Regulations applies chronologically (who is not the driver) not retain duplicate pages of log book in chronological sequence
Regulations 126D (2) (b), 129 - owner not keep
registered owner of vehicle to which duplicate pages in Part 11 A of the Regulations applies numerical order (who is not the driver) not retain duplicate pages of log book in the order in which they have been numbered
Regulations 126D (2) (b), 129 - owner not keep
registered owner of vehicle to which duplicate pages for Part 11A of the Regulations applies 6 months (who is not the driver) not retain duplicate pages of log book for period of 6 months from receipt of pages
1990 - NO. 104A
Regulations 126D (2) (b), 129 - owner not retain
registered owner of vehicle to which duplicate pages at Part 11A of the Regulations applies proper address (who is not the driver) not retain duplicate pages at the address of the registered owner as shown in the last application for registration of the vehicle or at another address notified to the Authority
Regulations 126D (3) (a), 129 - owner/driver not registered owner of vehicle to which keep duplicate Part 11 A of the Regulations applies pages sequentially (who is also a driver of the vehicle) not retain duplicate page in numerical sequence
Regulations 126D (3) (b), 129 - owner/driver not registered owner of vehicle to which keep duplicate Part 11A of the Regulations applies pages for 6 months (who is also a driver of the vehicle) not retain duplicate pages for a period of 6 months from the date the page was completed
Regulations 126D (3) (c), 129 - owner/driver not
registered owner of vehicle to which retain duplicate
Part 11A of the Regulations applies pages at proper (who is also a driver of the vehicle) address not retain duplicate pages at the address of the registered owner as shown in the last application for registration of the vehicle or at another address notified to the Authority
Regulations 126E (3) (a), 129 - fail to fail to comply with
comply with direction of member order of police - of Police Force under Regulation Reg. 126E 126E 1990 - NO. 104A
Regulations 126E (3) (a), 129 - fail to fail to comply with
comply with direction of authorised order of authorised officer under Regulation 126E officer - Reg. 126E
Regulations 126E (3) (b), 129 - hinder hinder or obstruct
or obstruct member of Police Force member of Police in exercise of power conferred by Force Reg. - 126E Regulation 126E
Regulations 126E (3) (b), 129 - hinder hinder or obstruct
or obstruct authorised officer in authorised officer exercise of power under Regulation Reg. - 126E 126E
Regulations 126F (1) (a), 129 - driver driver not produce
not produce an authorised log book log book to police
for inspection on demand by member of the Police Force
Regulations 126F (1) (a), 129 - driver driver not produce
not produce an authorised log book log book to
for inspection on demand by authorised officer authorised officer
Regulations 126F (1) (b), 129 - driver not permit the making of copies of
driver
not
permit
taking copies by
the log book pages on demand by police member of the Police Force
Regulations 126F (1) (b), 129 - driver not permit the making of copies of
driver
not
permit
taking copies by
the log book pages on demand by authorised officer an authorised officer
Regulations 126F (1) (b), 129 - driver not permit the taking of extracts
driver
not
permit
taking of extracts
from the log book on demand by by police member of the Police Force
1990 - NO. 104A
Regulations 126F (1) (b), 129 - driver not permit the taking of extracts
driver
not
permit
taking of extracts
from the log book on demand by by authorised
authorised officer officer
Regulations 126F (1) (c), 129 - driver not permit the making of an
driver
not
permit
notation in log
endorsement or notation in log book by police
book by member of the Police Force Regulations 126F (1) (c), 129 - driver
driver
not
permit
not permit the making of an notation in log endorsement or notation in log book by authorised book by authorised officer officer Regulations 126F (1) (d), 129 - driver driver not produce
not produce duplicate copy of a duplicate page to page of an authorised log book police which the driver has not given or sent to the registered owner to member of the Police Force
Regulations 126F (1) (d), 129 - driver not produce
driver not produce duplicate copy of duplicate page to a page of an authorised log book authorised officer which the driver has not given or sent to the registered owner to authorised officer
Regulations 126F (1) (e), 129 - driver not provide
driver not provide such information journey inform-
as may reasonably be required by a ation to police member of the Police Force in connection with any journey under- taken by that driver in that or another vehicle to which Part 11A of the Regulations applies
1990 - No. 104A
Regulations 126F (1) (e), 129 - driver driver not provide
not provide such information as journey inform-
may reasonably be required by an ation to authorised authorised officer in connection officer with any journey undertaken by that driver in that or another vehicle to which Part 11A of the Regulations applies
Regulations 126F (2) (a), 129 - owner fail to produce
registered owner fail to produce a duplicate page to duplicate page from an authorised police log book for inspection on demand
by a member of the Police Force
Regulations 126F (2) (a), 129 - owner fail to produce
registered owner fail to produce a duplicate page to duplicate page from an authorised authorised officer log book for inspection on demand
by an authorised officer
Regulations 126F (2) (b), 129 - owner not permit
registered owner not permit the police to copy
making of copies of or extracts duplicate page from any duplicate pages kept on demand by a member of the Police Force
Regulations 126F (2) (b), 129 - owner not permit
registered owner not permit the authorised officer making of copies of or extracts to copy duplicate from any duplicate pages kept on page demand by an authorised officer
Regulations 126F (2) (c), 129 - owner not permit
registered owner not permit the notation on making of an endorsement or duplicate by police notation on duplicate pages on demand by a member of the Police Force
1990 - No. 104A
Regulations 126F (2) (c), 129 - owner not permit
registered owner not permit the notation on making of an endorsement or duplicate by notation on duplicate pages on authorised officer demand by an authorised officer Regulations 126G (1) (a), 129 - remove
remove
certificate
from an authorised log book a from log book
certificate endorsed on it or attached to it
Regulations 126G (1) (a), 129 - remove
from an authorised log book an
original pageremove original page Regulations 126G (1) (b), 129 - fraudulently alter fraudulently alter any page in an page in log book authorised log book Regulations 126G (1) (b), 129 - fraudulently alter fraudulently alter any part of an part of log book authorised log book Regulations 126G (1) (b), 129 - fraudulently deface
fraudulently deface any page in an page in log book authorised log book Regulations 126G (1) (b), 129 - fraudulently deface
fraudulently deface any part of an part of log book authorised log book Regulations 126G (1) (b), 129 - fraudulently render
fraudulently render illegible any log book page page in an authorised log book illegible Regulations 126G (1) (b), 129 - fraudulently render
fraudulently render illegible any part of log book part of an authorised log book illegible
1990 - NO. 104A
Regulations 126G (1) (b), 129 - fraudulently destroy
fraudulently destroy any page in an log book page authorised log book
Regulations 126G (1) (b), 129 - fraudulently destroy
fraudulently destroy any part of an part of log book authorised log book Regulations 126G (1) (c), 129 - make false entry in authorised log book
make false entry in log book
Regulations 126G (1) (c), 129 - falsify log book
otherwise falsify entry in authorised
log book
Regulations 126G (2), 129 - be in possess more than 1
possession of more than one log book with
authorised log book containing unused pages pages which have not been used or
cancelled
Regulations 126G (3) (a), 129 - driver produce to a member of the Police
produce
unauthor-
ised log book to
Force a log book other than an police authorised log book Regulations 126G (3) (a), 129 - driver produce to an authorised officer a
produce unauthor-
ised log book to log book other than an authorised authorised officer log book
Regulations 126G (3) (b), 129 - driver produce to a member of the Police
produce
another
person’s log book
Force an authorised log book issued to police to another person
Regulations 126G (3) (b), 129 - driver produce to an authorised officer
produce
another
person’s log book
an authorised log book issued to to authorised another person officer
1990 - NO. 104A
Regulations 126G (4), 129 - fraudulently obtain
fraudulently obtain an authorised log book log book
Regulations 126G (4), 129 - allow use of log book
fraudulently allow an authorised by another person log book to be used by any other
personRegulations 126G (9,129 - not obtain not obtain new log
a new authorised log book as book required Regulations 126H, 129 - not comply not comply with order
with a direction by member of the by police to cease Police Force to cease driving until driving sufficient time has elapsed
Regulations 126H, 129 - not comply not comply with order
with a direction by authorised by authorised
officer to cease driving until officer to cease
sufficient time has elapsed driving (c) by omitting from Columns 1 and 2, respectively, of Schedule 1 under the heading "Motor Traffic Regulations 1935" the following matter: Regulations 132B (4), 129 - drive not carry authorised
motor vehicle without carrying log book authorised and duly completed log
book
Regulations 132B (5), 129 - being the not enter particulars
holder of an authorised log book, in authorised log fail to enter in duplicate particulars book provided for in the pages of the log
book
1990 - NO. 104A
Regulations 132B (6), 129 - being the not complete
holder of an authorised log book, authorised log fail to complete each page of the log book according to
book in accordance with any directions directions therein
Regulations 132B (6), 129 - being the holder of an authorised log book,
not
complete
authorised log
fail to use the pages of the log book book serially serially
Regulations 132B (7), 129 - being the not sign authorised
holder of an authorised log book, log book entries fail to sign each completed page of
authorised log bookRegulations 132B (8), 129 - being the holder of an authorised log book,
holder of authorised log book not send
fail to give or send the duplicate duplicate pages copies of pages of log book to
employer
Regulations 132B (9), 129 - remove an holder of authorised
original page in an authorised log log book remove book original page
Regulations 132B (9), 129 - destroy an holder of authorised
original page in an authorised log log book destroy book original page
Regulations 132B (9), 129 - deface an holder of authorised
original page in an authorised log log book deface book original page
Regulations 132B (10), 129 - being the owner of a motor vehicle having
owner
not
obtain
duplicate pages of
an unladen weight exceeding 2 log book tonnes, fail to obtain from the driver of a vehicle the completed duplicate pages from the authorised log book
1990 - NO. 104A
Regulations 132B (10), 129 - being the owner not keep log
owner of a motor vehicle having book pages in an unladen weight exceeding 2 chronological order tonnes, fail to retain duplicate pages of an authorised log book in chronological order at place of business for a period of 6 months from the receipt of the duplicate pages
Regulations 132B (11), 129 - fail to driver not produce
produce authorised log book log book on request
when requested by police by police Regulations 132B (11), 129 - fail to owner not produce
produce the authorised log book log book on
in respect of own vehicle when request by police requested by police
EXPLANATORY NOTE
The object of this Regulation is to prescribe short descriptions for certain traffic offences so that those descriptions may be used in informations, complaints, summonses, warrants, notices, orders or other documents by virtue of section 145B of the Justices Act 1902.
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