Road Amendment (Security Industry Exemptions) Rules 2010 (NSW)

2010 No 601

New South Wales

Road Amendment (Security Industry

Exemptions) Rules 2010

under the

Road Transport (Safety and Traffic Management) Act 1999

Her Excellency the Governor, with the advice of the Executive Council, has made the following Rules under the Road Transport (Safety and Traffic Management) Act 1999.

DAVID BORGER, MP

Minister for Roads

Explanatory note
The object of these Rules is to amend the Road Rules 2008:

(a)	to provide that certain parking and stopping restrictions do not apply to drivers of certain cash in transit vehicles and cash in transit escort vehicles that are engaged in picking up or delivering cash or other valuables, and
(b)	to make an amendment to rule 245–1 in the nature of law revision.

These Rules are made under the Road Transport (Safety and Traffic Management) Act 1999, including sections 71, 72 and 72A (the general rule-making power) and Schedule 1.

Published LW 22 October 2010	Page 1
2010 No 601
Rule 1	Road Amendment (Security Industry Exemptions) Rules 2010

Road Amendment (Security Industry Exemptions) Rules

2010

under the

Road Transport (Safety and Traffic Management) Act 1999

1      Name of Rules

These Rules are the Road Amendment (Security Industry Exemptions)
Rules 2010.

2      Commencement

These Rules commence on the day on which they are published on the
NSW legislation website.

2010 No 601

Road Amendment (Security Industry Exemptions) Rules 2010

Amendment of Road Rules 2008	Schedule 1
Schedule 1	Amendment of Road Rules 2008

[1]      Rule 245–1 NSW rule: riding a bicycle negligently, furiously or recklessly

Insert at the end of rule 245–1 (1):

Maximum penalty: 20 penalty units.

[2]      Rule 313–1

Insert after rule 313:

313–1	NSW rule: exemptions for cash in transit vehicle drivers and escort vehicle drivers
(1) A provision mentioned in column 1 of the table to subrule (3) does not apply to the driver of a cash in transit vehicle if:

(a)

the driver is engaged in picking up or delivering cash or other valuables for the holder of a master security licence who is providing the driver to carry on security activities involving the protection of cash in transit, and

(b)

the driver ensures that the conditions (if any) for that provision not to apply mentioned in column 2 of the table to subrule (3) are met, and

(c)

in the circumstances:

(i)	the driver can do so safely, and
(ii)	the driver is taking reasonable care, and

(iii) it is reasonable that the provision should not apply.

(2)

A provision mentioned in column 1 of the table to subrule (3) does not apply to the driver of a cash in transit escort vehicle if:

(a)	the driver is accompanying a cash in transit vehicle that is engaged in picking up or delivering cash or other valuables for the holder of a master security licence who is providing the driver to carry on security activities involving the protection of cash in transit, and
(b)	the driver ensures that the conditions (if any) for that provision not to apply mentioned in column 2 of the table to subrule (3) are met, and
(c)	in the circumstances:

(i)      the driver can do so safely, and

(ii)      the driver is taking reasonable care, and

(iii)      it is reasonable that the provision should not apply.

2010 No 601

Road Amendment (Security Industry Exemptions) Rules 2010

Schedule 1 Amendment of Road Rules 2008

(3)

For subrules (1) and (2), the provisions and conditions are as set
out in the following table:

Column 1	Column 2
Provision	Conditions for provision not to apply
rule 167 (No stopping signs)	The driver stops the driver’s vehicle along a length of road to which a no stopping sign applies in circumstances where:

(a)

the sign has effect only during specified days or times, and

(b)

the driver stops at a place along the road that is not:

(i)	in a school zone, or
(ii)	on a pedestrian crossing (or within 20 metres before the crossing and 10 metres after the crossing), except at an intersection.

rule 168 (No parking signs)

rule 168–1 (NSW rule: restricted

parking areas)

rule 179 (Stopping in a loading
zone)

rule 179–1 (NSW rule: stopping in ticket-operated loading zone)

rule 180 (Stopping in a truck

zone)

rule 181 (Stopping in a works

zone)

rule 186 (Stopping in a mail zone)

rule 188 (Stopping in a shared	The driver ensures that the
zone)	driver’s vehicle has its hazard warning lights flashing while the vehicle is stopped.

2010 No 601

Road Amendment (Security Industry Exemptions) Rules 2010

Amendment of Road Rules 2008 Schedule 1

Column 1	Column 2
Provision	Conditions for provision not to apply
rule 197 (Stopping on a path,	The driver ensures that the
dividing strip, nature strip or	driver’s vehicle:
painted island)	(a) is not stopped on any of the following places:

(i)         a bicycle path,

(ii)       a dividing strip,

(iii)	a painted island (other than a painted island located on the side of a road),
(iv)	a footpath within 20 metres from the nearest point of an intersecting road at an intersection with traffic lights,
(v)	a footpath within 10 metres from the nearest point of an intersecting road at an intersection without traffic lights,
(vi)	a footpath within 20 metres before or 10 metres after a children’s crossing,
(vii)	a footpath within 20 metres before or 10 metres after a pedestrian crossing (except at an intersection),

2010 No 601

Road Amendment (Security Industry Exemptions) Rules 2010

Schedule 1 Amendment of Road Rules 2008

Column 1	Column 2
Provision	Conditions for provision not to apply

(viii) a footpath within
10 metres before or
3 metres after a
marked foot
crossing (except at
an intersection),
and

(b)	has its hazard warning lights flashing while the driver stops, and
(c)	does not impede the direct route of pedestrians.

rule 198 (Obstructing access to	The driver:
and from a footpath, driveway	(a) stays in the driver’s
etc)	vehicle while the vehicle is stopped, and

(b)	ensures that the driver’s vehicle has its hazard warning lights flashing while the vehicle is stopped, and
(c)	complies with any reasonable request to move the vehicle.

rule 199 (Stopping near a

postbox)

rule 201 (Stopping on a road with

bicycle parking sign)

rule 202 (Stopping on a road with

motor bike parking sign)

rule 205 (Parking for longer than

indicated)

rule 205A–1 (NSW rule: parking

in special event parking areas)

rule 207 (Parking where fees are

payable)

rule 207–1 (NSW rule: parking in
metered parking areas)

2010 No 601

Road Amendment (Security Industry Exemptions) Rules 2010

Amendment of Road Rules 2008 Schedule 1

Column 1	Column 2
Provision	Conditions for provision not to apply
rule 207–2 (NSW rule: parking in metered parking spaces)
rule 207–3 (NSW rule: parking in ticket parking areas)
rule 207–4 (NSW rule: parking in ticket parking spaces)
rule 207–5 (NSW rule: parking in coupon parking areas)
rule 207–6 (NSW rule: parking in coupon parking spaces)
(4)	In this rule: cash in transit escort vehicle means a vehicle (other than an armoured vehicle) to which the condition for a master security licence that is prescribed by clause 38 (2) of the Security Industry Regulation 2007 applies. cash in transit vehicle means an armoured vehicle to which the condition for a master security licence that is prescribed by clause 38 (1) of the Security Industry Regulation 2007 applies. master security licence means a master licence under the Security Industry Act 1997.
Note 1. Clause 38 of the Security Industry Regulation 2007 provides for conditions for a master security licence for security activities involving the protection of cash in transit. Those conditions require cash in transit vehicles and cash in transit escort vehicles used by the holder of the licence to have certain security features and display permanent company signage and markings.
Note 2. This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.