Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation 2002 (NSW)

2002 No 880

New South Wales

Road Transport (Driver Licensing)

Amendment (Demerit Points)

Regulation 2002

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:

(a)	to ensure certain offences committed during the period 20 December 2002 to 1 January 2003 (inclusive) attract double demerit points, and
(b)	to increase the demerit points for exceeding the speed limit by not more than 15km/h from 1 to 2 demerit points (for offences that are not committed over a long weekend) and from 2 to 4 demerit points (for offences committed over a long weekend), and
(c)	to provide that the demerit points for driving a motor vehicle at a speed in excess of 130km/h are to be a minimum of 3 demerit points (for offences that are not committed over a long weekend) and a minimum of 6 demerit points (for offences committed over a long weekend), and
(d)	to prescribe speeding offences fixed by or under the Road Transport (Safety and Traffic Management) Act 1999 for the purposes of the definition of speeding offence in section 33 (Cancellation or suspension of driver licence by Authority) of the Act.
Published in Gazette No 237 of 29 November 2002, page 10101	Page 1
2002 No 880
2002 No 880
Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation 2002 Explanatory note

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

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2002 No 880	Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation
Clause 1	2002

Road Transport (Driver Licensing) Amendment (Demerit

Points) Regulation 2002

under the

Road Transport (Driver Licensing) Act 1998

1      Name of Regulation

This Regulation is the Road Transport (Driver Licensing)

Amendment (Demerit Points) Regulation 2002.

2 Commencement

This Regulation commences on 1 December 2002.

3 Amendment of Road Transport (Driver Licensing) Regulation 1999

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

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2002 No 880	Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation 2002
Schedule 1	Amendments

Schedule 1 Amendments

(Clause 3)

[1]      Clause 36 Demerit points and offences

Insert at the end of paragraph (b) of the definition of over a long weekend in clause 36 (5):

20 December 2002 until 1 January 2003 (inclusive)

[2]      Clause 38A

Omit the clause. Insert instead:

38A Prescribed offences for cancellation or suspension of licences

For the purposes of the definition of speeding offence in section 33 (5), the following offences are prescribed:

(a)	any offence that involves exceeding a speed limit fixed by or under the Road Transport (Safety and Traffic Management) Act 1999 applicable to the relevant driver or vehicle by more than 30 kilometres per hour, or
(b)	any other offence that involves exceeding a speed limit fixed by or under the Road Transport (Safety and Traffic Management) Act 1999 applicable to the relevant driver where the driver drives the vehicle concerned at a speed exceeding 130 kilometres per hour.

Note. Clause 11 of Schedule 3 to the Act provides that until a regulation is made under section 33 (5) of the Act, as amended by the Road Transport (Driver Licensing) Amendment Act 1999, the offences prescribed for the purposes of section 33 (5) are all those offences that involve exceeding any speed limit fixed by or under the Road Transport (Safety and Traffic Management) Act 1999, applicable to the relevant driver or vehicle, by more than 30 kilometres per hour. The above provision is made under section 33 (5) of the Act as relevantly amended.

[3]      Schedule 1 Demerit points offences and penalties

Omit the following from Part 1:

Exceeding speed limit by more 6 12 Rule 20 of Australian Road Rules

than 45 km/h

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Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation	2002 No 880
2002
Amendments	Schedule 1

Exceeding speed limit by more	4	8	Rule 20 of Australian Road Rules
than 30 km/h but not more than 45 km/h
Exceeding speed limit by more	3	6	Rule 20 of Australian Road Rules
than 15 km/h but not more than 30 km/h
Exceeding speed limit by not	1	2	Rule 20 of Australian Road Rules
more than 15 km/h
Insert instead:
Exceeding speed limit while	Rule 20 of Australian Road Rules
driving at speed in excess of 130km/h:
(a)	where the speed limit is exceeded by more than 45km/h	6	12
(b)	where the speed limit is exceeded by more than 30km/h but not exceeded
by more than 45km/h	4	8
(c)	where the speed limit is
not exceeded by more
than 30km/h	3	6
Exceeding speed limit by more	6	12	Rule 20 of Australian Road Rules
than 45km/h (where speed not in excess of 130km/h)
Exceeding speed limit by more	4	8	Rule 20 of Australian Road Rules
than 30km/h but not more than 45km/h (where speed not in excess of 130km/h)

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2002 No 880	Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation 2002
Schedule 1	Amendments

Exceeding speed limit by more	3	6	Rule 20 of Australian Road Rules
than 15km/h but not more than 30km/h (where speed not in excess of 130km/h)
Exceeding speed limit by not	2	4	Rule 20 of Australian Road Rules
more than 15km/h (where speed not in excess of 130km/h)

[4]      Schedule 1

Omit the following from Part 2:

Exceeding speed limit by more 6 12 Clause 38 (1), (5) or (6) or 39 of

than 45 km/h Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999

Exceeding speed limit by more 4 8 Clause 38 (1), (5) or (6) or 39 of

than 30 km/h but not more than	Road Transport (Safety and
45 km/h	Traffic Management) (Road Rules) Regulation 1999

Exceeding speed limit by more 3 6 Clause 38 (1), (5) or (6) or 39 of

than 15 km/h but not more than	Road Transport (Safety and
30 km/h	Traffic Management) (Road Rules) Regulation 1999

Exceeding speed limit by not 1 2 Clause 38 (1), (5) or (6) or 39 of

more than 15 km/h Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999

Insert instead:

Exceeding speed limit while	Clause 38 (1), (5) or (6) or 39 of
driving at speed in excess of	Road Transport (Safety and
130km/h:	Traffic Management) (Road Rules) Regulation 1999

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Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation	2002 No 880
2002
Amendments	Schedule 1

(a)	where the speed limit is exceeded by more than 45km/h	6	12
(b)	where the speed limit is exceeded by more than 30km/h but not exceeded
by more than 45km/h	4	8
(c)	where the speed limit is
not exceeded by more
than 30km/h	3	6
Exceeding speed limit by more	6	12	Clause 38 (1), (5) or (6) or 39 of
than 45km/h (where speed not in	Road Transport (Safety and
excess of 130km/h)	Traffic Management) (Road Rules) Regulation 1999
Exceeding speed limit by more	4	8	Clause 38 (1), (5) or (6) or 39 of
than 30km/h but not more than	Road Transport (Safety and
45km/h (where speed not in	Traffic Management) (Road
excess of 130km/h)	Rules) Regulation 1999
Exceeding speed limit by more	3	6	Clause 38 (1), (5) or (6) or 39 of
than 15km/h but not more than	Road Transport (Safety and
30km/h (where speed not in	Traffic Management) (Road
excess of 130km/h)	Rules) Regulation 1999
Exceeding speed limit by not	2	4	Clause 38 (1), (5) or (6) or 39 of
more than 15km/h (where speed	Road Transport (Safety and
not in excess of 130km/h)	Traffic Management) (Road Rules) Regulation 1999

BY AUTHORITY

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