2010 No 396
Road Transport (Driver Licensing)
Amendment (Demerit Point Offences)
Regulation 2010
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.
DAVID BORGER, MP
Minister for Roads
Explanatory note
The objects of this Regulation are:
| (a) | to update the national schedule of demerit point offences, and |
| (b) | to move certain offences from the national schedule of demerit point offences, and include those offences in the schedule of additional demerit point offences, where those offences are not part of the national agreement and should not be included in the national schedule of demerit point offences. |
This Regulation is made under the Road Transport (Driver Licensing) Act 1998, including sections 15 and 19 (the general regulation-making power).
| Published LW 30 July 2010 | Page 1 |
| 2010 No 396 | Road Transport (Driver Licensing) Amendment (Demerit Point Offences) |
| Clause 1 | Regulation 2010 |
Road Transport (Driver Licensing) Amendment (Demerit
Point Offences) Regulation 2010
under the
Road Transport (Driver Licensing) Act 1998
1 Name of Regulation
This Regulation is the Road Transport (Driver Licensing) Amendment
(Demerit Point Offences) Regulation 2010.
2 Commencement
This Regulation commences on 1 August 2010 and is required to be published on the NSW legislation website.
| Road Transport (Driver Licensing) Amendment (Demerit Point Offences) | 2010 No 396 |
| Regulation 2010 |
| Amendment of Road Transport (Driver Licensing) Regulation 2008 | Schedule 1 |
| Schedule 1 | Amendment of Road Transport (Driver
Licensing) Regulation 2008 |
[1] Schedule 1 National schedule of demerit point offences
Insert “, 28 (1A)” after “28 (1)” in Column 1 of the matter relating to the Road
Rules 2008. |
[2] Schedule 1
Insert “, 60A” after “60” wherever occurring in Column 1 of the matter relating to the Road Rules 2008.
[3] Schedule 1
Insert “, 148A” after “148” in Column 1 of the matter relating to the Road
Rules 2008. |
[4] Schedule 1
Omit “or Part 17” from Column 1 of the matter relating to the Road Rules
2008. |
Insert instead “, 281, 282, 284, 286 (2) or 286 (3)”.
[5] Schedule 1
Insert before the matter relating to rule 140 of the Road Rules 2008 in
Columns 1, 2, 3 and 4, respectively: |
| Rule 132 (2A) | Drive across dividing lines to perform | 3 | 3 | |
a U-turn
[6] Schedule 1
Insert after the matter relating to rule 152 of the Road Rules 2008 in
Columns 1, 2, 3 and 4, respectively: |
| Rule 155 (1) | Drive in tram lane | 3 | 3 |
|
[7] Schedule 1
Insert after the matter relating to rule 264 of the Road Rules 2008 in
Columns 1, 2, 3 and 4, respectively: |
| Rule 265 (3) | Drive with 1 unrestrained passenger | 3 | 6 | | Rule 265 (3) | Drive with 2 or more unrestrained | 6 | 12 | |
passengers
| 2010 No 396 | Road Transport (Driver Licensing) Amendment (Demerit Point Offences)
Regulation 2010 |
| Schedule 1 | Amendment of Road Transport (Driver Licensing) Regulation 2008 |
[8] Schedule 1
Insert after the matter relating to rule 270 (1) (a) of the Road Rules 2008 in
Columns 1, 2, 3 and 4, respectively: |
| Rule 270 (1) | Ride motor bike without helmet and | 6 | 12 | |
with one passenger only not wearing
helmet
| Rule 270 (1) | Ride motor bike without helmet and | 9 | 18 |
with 2 or more passengers not
wearing helmets |
[9] Schedule 1
Insert after the matter relating to rule 289 (2) (in school zone) of the Road
Rules 2008 in Columns 1, 2, 3 and 4, respectively: |
| Rule 300 (except in | Driver (other than learner or P1 | 3 | 3 | |
| school zone) | driver) use hand-held mobile phone
while driving | |
| Rule 300 (in school | Driver (other than learner or P1 | 4 | 4 | |
| zone) | driver) use hand-held mobile phone
while driving | |
[10] Schedule 1
Insert after the matter relating to the Road Rules 2008:
Road Transport (General) Regulation 2005
| Column 1 | Column 2 | Column 3 Column 4 | |
| Provision | Description of offence | Standard | Long | |
| creating offence | demerit | weekend | |
| Clause 64, but only | Contravening standard hours for solo |
| where a court finds | driver of a regulated heavy vehicle |
the person guilty of
the offence: |
| (a) | in relation to | 3 | 3 |
a severe risk
offence |
| (b) | in relation to | 4 | 4 |
a critical
risk offence |
| Road Transport (Driver Licensing) Amendment (Demerit Point Offences) | 2010 No 396 |
| Regulation 2010 |
| Amendment of Road Transport (Driver Licensing) Regulation 2008 | Schedule 1 |
Road Transport (General) Regulation 2005
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision | Description of offence | |
| creating offence | | demerit | weekend | | points | demerit
points | |
| Clause 65, but only | Contravening standard hours for solo |
| where a court finds | driver of a bus |
the person guilty of
the offence: |
| (a) | in relation to | 3 | 3 |
a severe risk
offence |
| (b) | in relation to | 4 | 4 |
a critical
risk offence |
| Clause 66, but only | Contravening standard hours for |
| where a court finds | two-up driver of a regulated heavy |
| the person guilty of | vehicle |
| the offence: |
| (a) | in relation to | 3 | 3 |
a severe risk
offence |
| (b) | in relation to | 4 | 4 |
a critical
risk offence |
| Clause 68, but only | Contravening BFM hours for solo |
| where a court finds | driver of a regulated heavy vehicle |
the person guilty of
the offence: |
| (a) | in relation to | 3 | 3 |
a severe risk
offence |
| (b) | in relation to | 4 | 4 |
a critical
risk offence |
| 2010 No 396 | Road Transport (Driver Licensing) Amendment (Demerit Point Offences)
Regulation 2010 |
| Schedule 1 | Amendment of Road Transport (Driver Licensing) Regulation 2008 |
Road Transport (General) Regulation 2005
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision | Description of offence | |
| creating offence | | demerit | weekend | | points | demerit
points | |
| Clause 70, but only | Contravening BFM hours for two-up |
| where a court finds | driver of a regulated heavy vehicle |
the person guilty of
the offence: |
| (a) | in relation to | 3 | 3 |
a severe risk
offence |
| (b) | in relation to | 4 | 4 |
a critical
risk offence |
| Clause 71, but only | Contravening AFM hours for driver |
| where a court finds | of a regulated heavy vehicle |
the person guilty of
the offence: |
| (a) | in relation to | 3 | 3 |
a severe risk
offence |
| (b) | in relation to | 4 | 4 |
a critical
risk offence |
| Clause 72, but only | Contravening AFM outer limits for |
| where a court finds | driver of a regulated heavy vehicle |
the person guilty of
the offence: |
| (a) | in relation to | 3 | 3 |
a severe risk
offence |
| (b) | in relation to | 4 | 4 |
a critical
risk offence |
[11] Schedule 2 Additional demerit point offences
Omit the matter relating to rules 28 (1A), 60A, 132 (2A), 148A, 155 (1),
265 (3), 270 (1) and 300 of the Road Rules 2008. |
| Road Transport (Driver Licensing) Amendment (Demerit Point Offences) | 2010 No 396 |
| Regulation 2010 |
| Amendment of Road Transport (Driver Licensing) Regulation 2008 | Schedule 1 |
[12] Schedule 2
Insert after the matter relating to rule 271 (5C) of the Road Rules 2008 in
Columns 1, 2, 3 and 4, respectively: |
| Rules 274, 275, 277 | Disobeying traffic light | 3 | 3 | |
and 279
[13] Schedule 2
Omit the matter relating to clauses 64, 65, 66, 68, 70, 71 and 72 of the Road
Transport (General) Regulation 2005. |