Road Transport (Driver Licensing) Act 1998 Road Transport (Driver Licensing) Amendment (Law Revision) Regulation 1999 (1999-618) [GG No 133 of 26.11.1999, p 10879] (NSW)

1999 No 618

Road Transport (Driver Licensing) New South Wales

Amendment (Law Revision)

Regulation 1999

under the

Road Transport (Driver Licensing) Act 1998

His 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 objects of this Regulation are:

(a)	to make amendments to the Road Transport (Driver Licensing) Regulation 1999 that are consequential on the repeal of the Traffic Act 1909 and Motor Traffic Regulations 1935 and the enactment of the Road Transport (Safety and Traffic Management) Act 1999 and Road Transport (General) Act 1999, and
(b)	to exempt certain drivers from licensing requirements (Schedule 1 [2]).

This Regulation is made under the Road Transport (Driver Licensing) Act 1998, including sections 19 (the general regulation-making power), 25 and 25A (5).

Published in Gazette No 133 of 26 November 1999, page 10879 Page 1
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1999 No 618

Clause 1 Road Transport (Driver Licensing) Amendment (Law Revision)
Regulation 1999

Road Transport (Driver Licensing) Amendment
(Law Revision) Regulation 1999

1      Name of Regulation

This Regulation is the Road Transport (Driver Licensing)

Amendment (Law Revision) Regulation 1999.

2 Commencement

This Regulation commences on 1 December 1999.

3 Amendment of Road Transport (Driver Licensing) Regulation 1999

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

4 Notes

The explanatory note does not form part of this Regulation.

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Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Part 7 Review and appeal rights

Omit the Part.

[2]      Clauses 55A–55D

Insert after clause 55:

55A Exemption: Golf and green keeping vehicles used on roads
or road related areas

(1)

A person is exempted from the requirements of section 25 (1) of the Act in respect of the driving of any golf vehicle or green keeping vehicle directly across a road or road related area that intersects with or traverses a golf course if the vehicle:

(a)	is being used in the course of, or as an incident to, a game of golf or to observe any such game, or
(b)	is proceeding to or from the golf course to be used for or in connection with the rolling or maintenance or surface improvement of any part of the golf course, or
(c)	is proceeding to or from a car park or storage building that is separated from the golf course by the road or road related area.

(2) In this clause:

golf course means an area of land (which includes tees, fairways, greens, rough, pathways, bunkers and bridges) designed and used for the playing of golf.

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Schedule 1 Amendments

golf vehicle means:

(a)	a motorised buggy or cart that is designed and used to carry any golfer, spectator or golfing equipment on a golf course, or
(b)	a motor bike having an engine capacity not exceeding 50 ml that is used to carry a golfer, spectator or golf equipment on a golf course, or
(c)	any trailer that is being drawn by any such vehicle.

green keeping vehicle means any vehicle used solely or principally for or in connection with the rolling or maintenance or surface improvement of any part of a golf course.

55B

Exemption: police officers and police trainees

(1)	A police officer or a police trainee who has been authorised in writing by the Commissioner of Police to drive or ride a motor vehicle in the performance of his or her duty is, while driving or riding in conformity with the authority, exempted from section 25 (1) (a) of the Act.
(2)	This clause ceases to have effect on 1 March 2000.

55C

Exemption: drivers of light rail vehicles

(1) Any requirement to be licensed imposed by this Regulation does not apply to a person who drives a light rail vehicle while driving a light rail vehicle.

(2) In this clause:

light rail vehicle has the same meaning as it has in the Road

Transport (Safety and Traffic Management) Act 1999.

55D	Other exemptions from licensing
(1) A person is exempted from the provisions of section 25 (1) of the Act in respect of the driving of any of the following vehicles:

(a)	any fire engine or other motor vehicle or trailer under the control of New South Wales Fire Brigades that is:
(i) used for fire-fighting purposes, and

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Amendments Schedule 1

(ii)       being driven on any road or road related area by the person in the course of the person’s employment with New South Wales Fire Brigades,

(b)

any motor vehicle or trailer while it is being driven by the person who is being submitted (as an applicant for a licence) to a driving test by a police officer or a person authorised by the Authority or by the Commissioner of Police to test drivers,

(c)

any motor vehicle or trailer, weighing not more than 250 kg when unladen, that is constructed or used solely for cutting grass or for purposes incidental to cutting grass,

(d)

any motor vehicle or trailer comprising a pedal cycle to which is attached one or more auxiliary propulsion motors having a combined maximum power output not exceeding 200 watts,

(e)

any motor vehicle or trailer that is:

(i)	specially constructed to be used, and while on a road or road related area is used, solely for the conveyance of an invalid, and
(ii)	weighs not more than 110 kg when unladen, and
(iii)	not capable of travelling at more than 10 km/h.

(2)

Subclause (1) (a) ceases to have effect on 1 March 2000.

(3)

Section 25A (1) (a) and (3) (a) of the Act does not apply to
the driving of any of the following vehicles:

(a)	any motor vehicle or trailer while it is being driven by the person who is being submitted (as an applicant for a licence) to a driving test by a police officer or a person authorised by the Authority or by the Commissioner of Police to test drivers,
(b)	any motor vehicle or trailer, weighing not more than 250 kg when unladen, that is constructed or used solely for cutting grass or for purposes incidental to cutting grass,

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(c)

any motor vehicle or trailer comprising a pedal cycle to which is attached one or more auxiliary propulsion motors having a combined maximum power output not exceeding 200 watts,

(d)

any motor vehicle or trailer that is:

(i)	specially constructed to be used, and while on a road or road related area is used, solely for the conveyance of an invalid, and
(ii)	weighs not more than 110 kg when unladen, and
(iii)	not capable of travelling at more than 10 km/h.

[3]      Clause 59 Short descriptions of offences

Omit the clause.

[4]      Clause 60 Service of notices on persons

Omit the clause.

[5]      Schedule 1 Demerit points offences and penalties

Omit Parts 1 and 2. Insert instead:

Part 1

Column 1	Column 2	Column 3
Offences	Demerit	Provisions where offences

points created, except where
indicated

Exceeding speed limit by	6	Rule 20 of Australian Road Rules
more than 45 km/h	or clause 38 (1) or 39 of Road Transport (Safety and Traffic Management) (Road Rules)
Regulation 1999
Exceeding speed limit by	4	Rule 20 of Australian Road Rules
more than 30 km/h but not	or clause 38 (1) or 39 of Road
more than 45 km/h	Transport (Safety and Traffic Management) (Road Rules) Regulation 1999

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Exceeding speed limit by	3	Rule 20 of Australian Road Rules
more than 15 km/h but not	or clause 38 (1) or 39 of Road
more than 30 km/h	Transport (Safety and Traffic Management) (Road Rules) Regulation 1999
Exceeding speed limit by	1	Rule 20 of Australian Road Rules
not more than 15 km/h	or clause 38 (1) or 39 of Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999
Disobeying traffic light	3	Australian Road Rules Rule 56 or 59 of Australian Road Rules, but only at traffic lights
Rule 57, 60, 61 or Part 17 of booths
Disobeying stop or give	3	Rule 67, 68, 69, 70, 71 or 101 of
way sign or line, or police	Australian Road Rules
directing traffic
Failing to give way	3	Rule 62, 63, 64, 73, 74, 75, 87, 148 or 149 of Australian Road Rules
Rule 72 (1) of Australian Road Rules, but only in the circumstances referred to in rule 72 (2), (3) (a) or (4) (a)
Failing to stop or give	3	Rule 65 (2) (a), 80, 81 (2), 121 or
way at pedestrian,	122 of Australian Road Rules
children's or level crossing
Driving with unrestrained	3	Rule 266 of Australian Road
passengers under the age	Rules
of 16 years
Using vehicle contrary to	Clause 84 (2) of Road Transport
defect notice:	(Vehicle Registration) Regulation 1998
(a)	in the case of a major	3
defect
(b)	in the case of a minor	1
defect

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Schedule 1 Amendments

Driving on wrong side of	3	Rule 132 (2) of Australian Road
dividing lines	Rules
Driver not wearing a seat	3	Rule 264 of Australian Road
belt	Rules
Motorbike rider not	3	Rule 270 (1) (a) of Australian
wearing approved motor	Road Rules
bike helmet
Unlawfully driving past	3	Rule 162, 163 or 164 of
safety zone or tram or	Australian Road Rules
failing to give way to pedestrian crossing near stopped tram
Negligent driving	3
Section 42 (1) (c) of Road Management) Act 1999
Improper passing or	2	Rule 140, 141, 142 or 144 of
overtaking	Australian Road Rules
Changing direction or	2	Rule 46 (1) or 48 (1) of
stopping without	Australian Road Rules, but only
signalling	in the circumstances referred to in rules 46 (2) or 48 (2) respectively Rule 53, 112, 113, 117 or 118 (1) of Australian Road Rules
Turning improperly	2	Rule 27, 28, 31, 32, 33 or 43 of Australian Road Rules
Failing to keep left	2	Rule 129, 130, 131, 132 (1), 135 or 137 of Australian Road Rules
Failure to dip headlights	1	Rule 218 of Australian Road Rules
Following too closely	1	Rule 126 of Australian Road Rules
Driving at night/dark	1	Clause 53 (1) of Road Transport
without headlight alight	(Safety and Traffic Management) (Road Rules) Regulation 1999

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Amendments Schedule 1

Part 2

Column 1	Column 2	Column 3
Offence	Demerit	Provision where offence
points	created, except where indicated
Conduct associated with	3	Section 41 (1) or (2) of Road
street racing	Transport (Safety and Traffic Management) Act 1999
Not stop and supply	3	Rule 287 of Australian Road Rules
required particulars at scene of crash
Drive vehicle towing	2	Clause 15 (6) (a) of Road Transport
excess weight	(Driver Licensing) Regulation 1999
Ride motor bike or	2	Clause 15 (6) (b) of Road Transport
motor trike towing other	(Driver Licensing) Regulation 1999
vehicle
Not comply with	2	Clause 56 of Road Transport (Driver
conditions of licence	Licensing) Regulation 1999
Disobey “Trucks and	3	Rule 108 of Australian Road Rules
buses low gear” sign
Drive contrary to	3	Part 9 (except rules 112, 113, 117
roundabout road rules	and 118 (1)) of Australian Road Rules
Fail to drive in bus lane	3	Rule 159 of Australian Road Rules.
or in truck lane where required
Disobey overhead lane	3	Rule 152 of Australian Road Rules
control device
Cross continuous line	3	Rule 147 of Australian Road Rules
separating marked lanes
Not drive within single	3	Rule 146 of Australian Road Rules
marked lane or line of traffic
Overtake or pass	3	Rule 82 of Australian Road Rules
stationary vehicle at pedestrian crossing or children’s crossing

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Schedule 1 Amendments

Increase speed while	3	Rule 145 of Australian Road Rules
being overtaken
Long vehicle following	3	Rule 127 of Australian Road Rules
other long vehicle too closely
Make unlawful U turn	2	Rule 38, 40 or 42 of Australian Road Rules
Not give proper signal	3	Rule 46 (1) or 48 (1) of the
when drawing out from	Australian Road Rules, but only in
side of road	the circumstances referred to in rules 46 (3) or 48 (3) respectively
Not have proper control	3	Rule 297 of Australian Road Rules
of vehicle
Unauthorised carriage of	2	Clause 12 (2) of Road Transport
pillion passenger on	(Driver Licensing) Regulation 1999
motor bike or motor trike	or rule 271 (4) of the Australian Road Rules
Pass bus at speed in	Clause 40 of Road Transport (Safety
excess of 40 km/h:	and Traffic Management) (Road Rules) Regulation 1999
(a)	where the motor	6
vehicle is driven at a speed that exceeds 85 km/h
(b)	where the motor	4
vehicle is driven at a speed that exceeds 70 km/h but does not exceed 85 km/h
(c)	where the motor	3
vehicle is driven at a speed that exceeds 55 km/h but does not exceed 70 km/h
(d)	where the motor	1
vehicle is driven at a speed that exceeds 40 km/h but does not exceed 55 km/h

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Amendments Schedule 1

[6]      Schedule 2 Short descriptions of offences

Omit the Schedule.

[7]     Dictionary

Insert in appropriate alphabetical order:

Australian Road Rules has the same meaning as it has in
the Road Transport (Safety and Traffic Management)

(Road Rules) Regulation 1999.

BY AUTHORITY

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