Road Transport (Driver Licensing) Act 1998 Road Transport (Driver Licensing) Amendment (Long Weekend Demerit Points) Regulation 2001 (2001-365) [GG No 93 of 1.6.2001, p 2997] (NSW)

2001 No 365

Road Transport (Driver Licensing) New South Wales

Amendment (Long Weekend Demerit

Points) 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 objects of this Regulation are as follows:

(a)	to specifically set out in the Road Transport (Driver Licensing) Regulation 1999 the number of demerit points that are incurred in respect of road and traffic offences committed over long weekends,
(b)	to extend the double demerit points regime to include certain offences relating to the responsibility of drivers and motor bike riders and their passengers to wear seatbelts or helmets.

This Regulation is made under the Road Transport (Driver Licensing) Act 1998, including sections 15 and 19 (the general regulation-making power).

Published in Gazette No 93 of 1 June 2001, page 2997	Page 1
[12]
2001 No 365
Clause 1	Road Transport (Driver Licensing) Amendment (Long Weekend Demerit Points) Regulation 2001

Road Transport (Driver Licensing) Amendment
(Long Weekend Demerit Points) Regulation 2001

1     Name of Regulation

This Regulation is the Road Transport (Driver Licensing) Amendment

(Long Weekend Demerit Points) Regulation 2001.

2 Commencement

This Regulation commences on 8 June 2001.

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.

2001 No 365

Road Transport (Driver Licensing) Amendment (Long Weekend Demerit

Points) Regulation 2001

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]     Clause 36 Demerit points and offences

Omit clause 36 (3). Insert instead:

(3) Despite subclauses (1) and (2), the number of demerit points to be allocated to an offence to which this clause applies (other than an offence under a law of another jurisdiction) committed over a long weekend is the number specified in Column 3 of Schedule 1 in respect of the offence.

[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 or clause 38 (1), (5) or (6) or 39 of Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999

2001 No 365

Road Transport (Driver Licensing) Amendment (Long Weekend Demerit

Points) Regulation 2001

Schedule 1 Amendments

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	4	8	Rule 20 of Australian
by more than 30 km/h	Road Rules or clause 38
but not more than 45	(1), (5) or (6) or 39 of
km/h	Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999
Exceeding speed limit	3	6	Rule 20 of Australian
by more than 15 km/h	Road Rules or clause 38
but not more than 30	(1), (5) or (6) or 39 of
km/h	Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999
Exceeding speed limit	1	2	Rule 20 of Australian
by not more than 15	Road Rules or clause 38
km/h	(1), (5) or (6) or 39 of Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999
Disobeying traffic light	3	4	Rule 57, 60, 61 or Part 17 of Australian Road Rules, but only at traffic
lights other than traffic lights at toll booths
Disobeying stop or give	3	4	Rule 67, 68, 69, 70, 71
way sign or line, or	or 101 of Australian
police directing traffic	Road Rules
Failing to give way	3	4	75, 87, 148 or 149 of Australian Road Rules Rule 72 (1) of Australian Road Rules, but only in the circumstances
Rule 62, 63, 64, 73, 74, (3) (a) or (4) (a)

2001 No 365

Road Transport (Driver Licensing) Amendment (Long Weekend Demerit

Points) Regulation 2001

Amendments Schedule 1

Column 1	Column 2	Column 3	Column 4
Offences	Demerit	Long	Provisions where
Points	weekend	offences created,
demerit	except where
points	indicated
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

Driver not wearing seat	3	6	Rule 264 of Australian
belt (no unrestrained	Road Rules
passengers)
Ride motor bike	3	6	Rule 270 (1) (a) of
without helmet (rider	Australian Road Rules
alone)
Unlawfully driving past	3	4	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	4	Section 42 (1) (c) of Road Transport (Safety and Traffic Management) Act 1999
Improper passing or	2	3	Rule 140, 141, 142 or
overtaking	144 of Australian Road Rules

2001 No 365

Road Transport (Driver Licensing) Amendment (Long Weekend Demerit

Points) Regulation 2001

Schedule 1 Amendments

Column 1	Column 2	Column 3	Column 4
Offences	Demerit	Long	Provisions where
Points	weekend	offences created,
demerit	except where
points	indicated
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, 31, 32, 33 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
Following too closely	1	2	Rule 126 of Australian Road Rules
Driving at night/dark	1	2	Clause 53 (1) of Road
without headlight alight	Transport (Safety and Traffic Management) (Road Rules) Regulation
1999

2001 No 365

Road Transport (Driver Licensing) Amendment (Long Weekend Demerit

Points) Regulation 2001

Amendments Schedule 1

Part 2

Column 1	Column 2	Column 3	Column 4
Offence	Demerit	Long	Provision where
points	weekend	offence created,
demerit	except where
points	indicated
Conduct associated	3	4	Section 41 (1) or (2) of
with street racing	Road Transport (Safety and Traffic Management) Act 1999
Not stop and supply	3	4	Rule 287 of Australian
required particulars at	Road Rules
scene of crash
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 child	3	6	Clause 46 of Road
is in child restraint in	Transport (Safety and
front seat position	Traffic Management)
where airbag fitted	(Road Rules) Regulation 1999
Drive vehicle with one	3	6	Clause 47B of Road
unrestrained passenger	Transport (Safety and Traffic Management) (Road Rules) Regulation
1999

2001 No 365

Road Transport (Driver Licensing) Amendment (Long Weekend Demerit

Points) Regulation 2001

Schedule 1 Amendments

Column 1	Column 2	Column 3	Column 4
Offence	Demerit	Long	Provision where
points	weekend	offence created,
demerit	except where
points	indicated
Drive vehicle with 2 or	6	12	Clause 47B of Road
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
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 2	6	12	Rule 270 (1) (b) of
or more passengers not	Australian Road Rules
wearing helmet
Ride motor bike	6	12	Rule 270 (1) (a) and (b)
without helmet and	of Australian Road
with one passenger	Rules
only not wearing
helmet
Ride motor bike	9	18	Rule 270 (1) (a) and (b)
without helmet and	of Australian Road
with 2 or more	Rules
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

2001 No 365

Road Transport (Driver Licensing) Amendment (Long Weekend Demerit

Points) Regulation 2001

Amendments Schedule 1

Column 1	Column 2	Column 3	Column 4
Offence	Demerit	Long	Provision where
points	weekend	offence created,
demerit	except where
points	indicated
Fail to drive in bus lane	3	4	Rule 159 of Australian
or in truck lane where	Road Rules
required
Disobey overhead lane	3	4	Rule 152 of Australian
control device	Road Rules
Cross continuous line	3	4	Rules 147 of Australian
separating marked	Road Rules
lanes
Not drive within single	3	4	Rule 146 of Australian
marked lane or line of	Road Rules
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 following	3	4	Rule 127 of Australian
other long vehicle too	Road Rules
closely
Make unlawful U turn	2	3	Rule 38, 40 or 42 of Australian Road Rules
Not give out proper	3	4	Rule 46 (1) or 48 (1) of
signal when drawing	Australian Road Rules,
out 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

2001 No 365

Road Transport (Driver Licensing) Amendment (Long Weekend Demerit

Points) Regulation 2001

Schedule 1 Amendments

Column 1	Column 2	Column 3	Column 4
Offence	Demerit	Long	Provision where
points	weekend	offence created,
demerit	except where
points	indicated
Unauthorised carriage	2	3	Clause 12 (2) of the
of pillion passenger on	Road Transport (Driver
motor bike or motor	Licensing) Regulation
trike	1999, clause 47A (1) of the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 or rule 271 (4) of the Australian Road Rules
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 at	(Road Rules) Regulation
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