Road Transport (Driver Licensing) Act 1998 Road Transport (Driver Licensing) Amendment (Demerit Points Offences and Penalties) Regulation 2001 (2001-952) [GG No 188 of 7.12.2001, p 9602] (NSW)

2001 No 952

Road Transport (Driver Licensing) New South Wales

Amendment (Demerit Points Offences

and Penalties) Regulation 2001

under the

Road Transport (Driver Licensing) Act 1998

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Road Transport (Driver Licensing) Act 1998.

CARL SCULLY, M.P.,

Minister for Roads

Explanatory note
The object of this Regulation is to amend the Road Transport (Driver Licensing) Regulation 1999 (the 1999 Regulation) so as to bring into line demerit points offences under the 1999 Regulation with a table of demerit point offences (as set out in Appendix B of the part headed “Supporting Principles” in the document titled National Driver Licensing Scheme: Policy Proposal prepared by the National Road Transport Commission in October 1997) endorsed by the Australian Transport Council. For example, this Regulation prescribes offences under the Australian Road Rules of driving in a bus lane and driving in a truck lane as offences for which demerit points may be incurred and the number of demerit points incurred for each offence.

This Regulation is made under the Road Transport (Driver Licensing) Act 1998, including sections 15 (Offences for which demerit points are incurred) and 19 (the general regulation-making power).

Published in Gazette No 188 of 7 December 2001, page 9602	Page 1
[12]
2001 No 952
Clause 1	Road Transport (Driver Licensing) Amendment (Demerit Points Offences and Penalties) Regulation 2001

Road Transport (Driver Licensing) Amendment
(Demerit Points Offences and Penalties)
Regulation 2001

1. Name of Regulation

   This Regulation is the Road Transport (Driver Licensing) Amendment
   (Demerit Points Offences and Penalties) Regulation 2001.

2. Amendment of Road Transport (Driver Licensing) Regulation 1999

   The Road Transport (Driver Licensing) Regulation 1999 is amended as set out in Schedule 1.

3 Notes

The explanatory note does not form part of this Regulation.

2001 No 952

Road Transport (Driver Licensing) Amendment (Demerit Points Offences and Penalties) Regulation 2001

Amendment	Schedule 1
Schedule 1	Amendment

(Clause 2)

Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Demerit points offences and penalties

(Clause 36)

Part 1

Column 1	Column 2	Column 3	Column 4
Offences	Demerit	Long	Provisions where
points	weekend	offences created,
demerit	except where
points	indicated
Exceeding speed limit	6	12	Rule 20 of Australian
by more than 45 km/h	Road Rules
Exceeding speed limit	4	8	Rule 20 of Australian
by more than 30 km/h	Road Rules
but not more than 45
km/h
Exceeding speed limit	3	6	Rule 20 of Australian
by more than 15 km/h	Road Rules
but not more than 30
km/h
Exceeding speed limit	1	2	Rule 20 of Australian
by not more than 15	Road Rules
km/h

2001 No 952

Road Transport (Driver Licensing) Amendment (Demerit Points Offences and Penalties) Regulation 2001

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Offences	Demerit	Long	Provisions where
points	weekend	offences created,
demerit	except where
points	indicated
Disobeying traffic	3	4	Rule 57, 60, 61, 63 (2),
light	66 (except at level crossing) or Part 17 of Australian Road Rules Rule 56 or 59 of Australian Road Rules, but only at traffic lights other than traffic lights at toll booths
Disobeying stop or	3	4	Rule 67, 68, 69, 71 or
give way sign or line,	101 of Australian Road
or police directing	Rules
traffic
Failing to give way	3	4	74, 75, 84, 87, 148 or 149 of Australian Road Rules Rule 72 (1) of Australian Road Rules, but only in the circumstances Rule 62, 63 (3), 64, 73, (3) (a) or (4) (a)
Failing to stop or give	3	4	Rule 65 (2) (a), 80, 81
way at pedestrian,	(2), 121 or 122 of
children’s or level	Australian Road Rules
crossing
Driving with	3	6	Rule 266 of Australian
unrestrained	Road Rules
passengers under the
age of 16 years
Using vehicle contrary	Clause 84 (2) of Road
to defect notice:	Transport (Vehicle

(a) in the case of a Registration) Regulation

major defect 3 4 1998

(b) in the case of a

minor defect Driving on wrong side	1	2
3	4 Rule 132 (2) of

of dividing lines Australian Road Rules

2001 No 952

Road Transport (Driver Licensing) Amendment (Demerit Points Offences and Penalties) Regulation 2001

Amendment Schedule 1

Column 1	Column 2	Column 3	Column 4
Offences	Demerit	Long	Provisions where
points	weekend	offences created,
demerit	except where
points	indicated
Driver not wearing	3	6	Rule 264 of Australian
seat belt (no	Road Rules
unrestrained passengers) Ride motor bike	3	6	Rule 270 (1) (a) of
without helmet (rider	Australian Road Rules
alone)
Unlawfully driving	3	4	Rule 162, 163 or 164 of
past safety zone or	Australian Road Rules
tram or failing to give
way to pedestrian
crossing near stopped
tram
Negligent driving	3	4	Section 42 (1) (c) of Road Transport (Safety and Traffic Management) Act 1999
Improper passing or	2	3	Rule 93, 94, 140, 141,
overtaking	142, 143 or 144 of Australian Road Rules
Changing direction or	2	3	Rule 46 (1) or 48 (1) of
stopping without	Australian Road Rules,
signalling	but only in the circumstances referred to in rule 46 (2) or 48 (2) respectively or rule 53, 112, 113, 117 or 118 (1) of those Rules
Turning improperly	2	3	Rule 27, 28, 29, 31, 32, 33 or 43 of Australian Road Rules
Failing to keep left	2	3	Rule 129, 130, 131, 132 (1), 135 or 137 of Australian Road Rules
Failure to dip	1	2	Rule 218 of Australian
headlights	Road Rules

2001 No 952

Road Transport (Driver Licensing) Amendment (Demerit Points Offences and Penalties) Regulation 2001

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Offences	Demerit	Long	Provisions where
points	weekend	offences created,
demerit	except where
points	indicated
Following too closely	1	2	Rule 126 of Australian Road Rules
Part 2
Column 1	Column 2	Column 3	Column 4
Offence	Demerit	Long	Provision where
points	weekend	offence created,
demerit	except where
points	indicated
Exceeding speed limit	6	12	Clause 38 (1), (5) or (6)
by more than 45 km/h	or 39 of Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999
Exceeding speed limit	4	8	Clause 38 (1), (5) or (6)
by more than 30 km/h	or 39 of Road Transport
but not more than 45	(Safety and Traffic
km/h	Management) (Road Rules) Regulation 1999
Exceeding speed limit	3	6	Clause 38 (1), (5) or (6)
by more than 15 km/h	or 39 of Road Transport
but not more than 30	(Safety and Traffic
km/h	Management) (Road Rules) Regulation 1999
Exceeding speed limit	1	2	Clause 38 (1), (5) or (6)
by not more than 15	or 39 of Road Transport
km/h	(Safety and Traffic Management) (Road Rules) Regulation 1999
Conduct associated	3	4	Section 41 (1) or (2) of
with road or drag	Road Transport (Safety
racing	and Traffic Management) Act 1999

2001 No 952

Road Transport (Driver Licensing) Amendment (Demerit Points Offences and Penalties) Regulation 2001

Amendment Schedule 1

Column 1	Column 2	Column 3	Column 4
Offence	Demerit	Long	Provision where
points	weekend	offence created,
demerit	except where
points	indicated
Not stop and supply	3	4	Rule 287 of Australian
required particulars at	Road Rules
scene of crash
Disobey give way sign	3	4	Rule 70 of Australian
on bridge/narrow road	Road Rules
Drive vehicle towing	2	3	Clause 15 (6) (a) of
excess weight	Road Transport (Driver Licensing) Regulation 1999
Ride motor bike or	2	3	Clause 15 (6) (b) of
motor trike towing	Road Transport (Driver
other vehicle	Licensing) Regulation 1999
Not comply with	2	3	Clause 56 of Road
conditions of licence	Transport (Driver Licensing) Regulation 1999
Use vehicle when	3	6	Clause 46 of Road
child is in child	Transport (Safety and
restraint in front seat	Traffic Management)
position where airbag	(Road Rules) Regulation
fitted	1999
Drive vehicle with one	3	6	Clause 47B of Road
unrestrained passenger	Transport (Safety and Traffic Management) (Road Rules) Regulation
1999
Drive vehicle with 2	6	12	Clause 47B of Road
or more unrestrained	Transport (Safety and
passengers	Traffic Management) (Road Rules) Regulation 1999
Drive vehicle not	6	12	Clause 47B of Road
wearing seatbelt and	Transport (Safety and
with one unrestrained	Traffic Management)
passenger only	(Road Rules) Regulation 1999

2001 No 952

Road Transport (Driver Licensing) Amendment (Demerit Points Offences and Penalties) Regulation 2001

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Offence	Demerit	Long	Provision where
points	weekend	offence created,
demerit	except where
points	indicated
Drive vehicle not	9	18	Clause 47B of Road
wearing seatbelt and	Transport (Safety and
with 2 or more	Traffic Management)
unrestrained	(Road Rules) Regulation
passengers	1999
Ride motor bike with	3	6	Rule 270 (1) (b) of
one passenger not	Australian Road Rules
wearing helmet
Ride motor bike with	6	12	Rule 270 (1) (b) of
2 or more passengers	Australian Road Rules
not wearing helmet
Ride motor bike	6	12	Rule 270 (1) (a) and (b)
without helmet and	of Australian Road Rules
with one passenger
only not wearing
helmet
Ride motor bike	9	18	Rule 270 (1) (a) and (b)
without helmet and	of Australian Road Rules
with 2 or more passengers not wearing helmet Disobey trucks and	3	4	Rule 108 of Australian
buses low gear sign	Road Rules
Drive contrary to	3	4	Part 9 (except rules 112,
roundabout road rules	113, 117 and 118 (1)) of Australian Road Rules
Bus or truck driver	3	4	Rule 159 of Australian
fail to drive in bus	Road Rules
lane or in truck lane
where required
Drive in bus lane	3	4	Rule 154 of Australian Road Rules
Drive in truck lane	3	4	Rule 157 of Australian Road Rules
Disobey overhead	3	4	Rule 152 of Australian
lane control device	Road Rules

2001 No 952

Road Transport (Driver Licensing) Amendment (Demerit Points Offences and Penalties) Regulation 2001

Amendment Schedule 1

Column 1	Column 2	Column 3	Column 4
Offence	Demerit	Long	Provision where
points	weekend	offence created,
demerit	except where
points	indicated
Cross continuous line	3	4	Rule 147 of Australian
separating marked	Road Rules
lanes
Not drive within	3	4	Rule 146 of Australian
single marked lane or	Road Rules
line of traffic
Overtake or pass	3	4	Rule 82 of Australian
stationary vehicle at	Road Rules
pedestrian crossing or
children’s crossing
Increase speed while	3	4	Rule 145 of Australian
being overtaken	Road Rules
Long vehicle	3	4	Rule 127 of Australian
following other long	Road Rules
vehicle too closely
Make unlawful U-turn	2	3
Rule 37, 38, 39, 40, 41 Rules
Not give proper signal	3	4	Rule 46 (1) or 48 (1) of
when drawing out	Australian Road Rules,
from side of road	but only in the circumstances referred to in rule 46 (3) or 48 (3) respectively
Not have proper	3	4	Rule 297 of Australian
control of vehicle	Road Rules
Unauthorised carriage	2	3	Clause 12 (2) of Road
of pillion passenger	Transport (Driver
on motor bike or	Licensing) Regulation
motor trike	1999, clause 45A (1) or 47A (1) of Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 or rule 271 (4) of Australian Road Rules

2001 No 952

Road Transport (Driver Licensing) Amendment (Demerit Points Offences and Penalties) Regulation 2001

Schedule 1 Amendment

Column 1	Column 2	Column 3	Column 4
Offence	Demerit	Long	Provision where
points	weekend	offence created,
demerit	except where
points	indicated
Driving at night/dark	1	2	Clause 53 (1) of Road
without headlight	Transport (Safety and
alight	Traffic Management) (Road Rules) Regulation 1999
Pass bus at speed in	Clause 40 of Road
excess of 40 km/h:	Transport (Safety and
(a) where the motor	6	12	Traffic Management)

vehicle is driven	(Road Rules) Regulation
at a speed that	1999

exceeds 85 km/h (b) where the motor 4 8

vehicle is driven
at a speed that
exceeds 70 km/h
but does not

exceed 85 km/h

(c) where the motor 3 6

vehicle is driven
at a speed that
exceeds 55 km/h
but does not

exceed 70 km/h

(d) where the motor 1 2

vehicle is driven
at a speed that
exceeds 40 km/h
but does not

exceed 55 km/h

BY AUTHORITY