2005 No 277
Road Transport (Driver Licensing)
Amendment (Demerit Points)
Regulation 2005
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.
MICHAEL COSTA, M.L.C.,
Minister for Roads
Explanatory note
The object of this Regulation is to establish new scales for motor vehicle offence demerit points. One scale comprises a national schedule of demerit points that applies in relation to similar kinds of offences committed in New South Wales and elsewhere, the other scale comprises a schedule of demerit points that applies only to offences committed in New South Wales.
This Regulation is made under the Road Transport (Driver Licensing) Act 1998, including section 15 (Offences for which demerit points are incurred) and section 19 (the general power to make regulations).
| Published in Gazette No 77 of 24 June 2005, page 2998 | Page 1 |
| 2005 No 277 | Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation |
| Clause 1 | 2005 |
Road Transport (Driver Licensing) Amendment (Demerit
Points) Regulation 2005
under the
Road Transport (Driver Licensing) Act 1998
1 Name of Regulation
This Regulation is the Road Transport (Driver Licensing) Amendment
(Demerit Points) Regulation 2005.
2 Commencement
This Regulation commences on 1 July 2005.
3 Amendment of Road Transport (Driver Licensing) Regulation 1999
The Road Transport (Driver Licensing) Regulation 1999 is amended as set out in Schedule 1.
| Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation | 2005 No 277 |
| 2005 |
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 36 Demerit points and offences
Omit clause 36 (1)–(3). Insert instead:
| (1) | For the purposes of section 15 (1) (a) of the Act, the national schedule of demerit points comprises the offences set out in Columns 1 and 2 of Schedule 1, and the points specified in relation to each offence set out in Column 3 of Schedule 1. |
| (2) | For the purposes of section 15 (1) (b) of the Act, the offences set out in Columns 1 and 2 of Schedule 2, and the points specified in relation to each offence set out in Column 3 of Schedule 2, are prescribed. |
| (3) | Despite subclauses (1) and (2), the number of demerit points to be allocated to an offence committed over a long weekend (other than an offence of another jurisdiction) is the number of points specified in Column 4 of Schedule 1 or 2, as the case may be, in respect of the offence. |
| 2005 No 277 | Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation
2005 |
| Schedule 1 | Amendments |
[2] Schedules 1 and 2
Omit Schedule 1. Insert instead:
| Schedule 1 | National schedule of demerit point
offences | |
(Clause 36 (1) and (3))
Australian Road Rules
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit
points | |
| Rule 20 | Exceeding speed limit: |
| (a) | where the speed limit is | 6 | 12 |
| exceeded by more than 45km/h |
| (b) | where the speed limit is | 4 | 8 |
| exceeded by more than 30km/h but not exceeded by more than 45km/h |
| (c) | where the speed limit is | 3 | 6 |
| exceeded by more than 15km/h but not exceeded by more than 30km/h |
| (d) | where the speed limit is | 3 | 6 |
exceeded by not more than
15km/h |
| Rule 27, 28, 29, 31, | Turning improperly | 2 | 2 |
| 32, 33 or 43 |
| Rule 37, 39, 40, 41 or | Make unlawful U-turn | 2 | 2 |
| 42 |
| Rule 38, 62, 63 (3), | Failing to give way | 3 | 3 |
64, 72 (1), 73, 74, 75,
84, 87, 114, 148 or
149 |
| Rule 46 (1) or 48 (1), | Not give proper signal when driving | 2 | 2 |
| but only in the | out from side of road |
circumstances
referred to in rule
46 (3) or 48 (3)
respectively |
| Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation | 2005 No 277 |
| 2005 |
| Amendments | Schedule 1 |
Australian Road Rules
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit
points | |
| Rule 46 (1) or 48 (1) | Changing direction or stopping | |
| (but only in the | without signalling |
circumstances
referred to in rule
46 (2) or 48 (2)
respectively), 53,
112, 113, 117 or
118 (1) |
| Rule 56 or 59, but | Disobeying traffic light | |
only at traffic lights
other than traffic
lights at toll booths |
| Rule 57, 60, 61, | Disobeying traffic light | |
| 63 (2) or 66 (except at level crossing) or Part 17 |
| Rule 65 (2) (a), 80, | Failing to stop or give way at | |
| 81 (2), 121 or 122 | pedestrian, children’s or level
crossing |
| Rule 65 (2) (b) | Obstruct pedestrian—flashing yellow | |
| light |
| Rule 65 (2) (c) | Overtake/pass vehicle—flashing | |
| yellow light |
| Rule 67, 68, 69, 71 or | Disobeying stop (including hand-held | |
| 101 | stop) or give way sign or line |
| Rule 70 | Disobey give way sign on | |
| bridge/narrow road |
| Rule 76 (1) | Drive into path of approaching tram | |
| Rule 76 (2) | Not move out of path of approaching | |
| tram |
| Rule 77 (1) | Driver in left lane/traffic line not give | |
| way to bus |
| Rule 78 (1) | Move into path of police or | |
| emergency vehicle |
| 2005 No 277 | Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation
2005 |
| Schedule 1 | Amendments |
Australian Road Rules
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit
points | |
| Rule 78 (2) | Not move out of path of police or | |
| emergency vehicle |
| Rule 79 (1) | Not give way to police or emergency | |
| vehicle |
| Rule 81 (1) | Approach pedestrian crossing too | |
| quickly to stop safely if necessary |
| Rule 82 | Overtake or pass vehicle—children’s | |
| or pedestrian crossing |
| Rule 83 | Not give way to pedestrian in shared | |
| zone |
| Rule 85 | Not give way to vehicle in/entering | |
| turning lane |
| Rule 86 (1) | Not give way to vehicle (median | |
| turning bay) |
| Rule 88, 89, 90 or 91 | Disobey traffic sign | |
| Rule 93, 94 or 143 | Overtake/pass vehicle contrary to sign 2 | 2 |
| Rule 115 | Not drive to left of central traffic | 2 | 2 |
| island in the roundabout |
| Rule 123 (a) | Enter a level crossing when warning | 3 | 3 |
| lights or bells operating |
| Rule 123 (b) | Enter a level crossing when gate, | 3 | 3 |
boom or barrier is closed, opening or
closing |
| Rule 123 (c) | Enter a level crossing when a train or | 3 | 3 |
| tram is on or entering the crossing |
| Rule 123 (d) | Enter a level crossing when a train or | 3 | 3 |
| tram is approaching the crossing |
| Rule 123 (e) | Enter a level crossing when crossing | 3 | 3 |
| or road beyond is blocked |
| Rule 126 | Following too closely | 3 | 3 |
| Rule 129 | Not drive far left side of road | 2 | 2 |
| Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation | 2005 No 277 |
| 2005 |
| Amendments | Schedule 1 |
Australian Road Rules
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit
points | |
| Rule 130, 131, 132 or | Failing to keep left | |
| 135 |
| Rule 140 | Overtake vehicle when unsafe | |
| Rule 141 | Overtake to left of vehicle | |
| Rule 142 (1) | Overtake to right of vehicle turning | |
| right/making U-turn |
| Rule 144 | Fail to keep safe distance when | |
| overtaking |
| Rule 152 | Disobey overhead lane control device 3 | 3 |
| Rule 162, 163 or 164 | Unlawfully driving past safety zone | 2 | 2 |
or stopped tram or failing to give way
to pedestrian crossing near stopped
tram |
| Rule 218 | Failure to dip headlights | 1 | 1 |
| Rule 219 | Use lights to dazzle another road user 1 | 1 |
| Rule 264 | Driver not wearing seat belt (no | 3 | 6 |
| unrestrained passengers) |
| Rule 266 | Driving with unrestrained passengers | 3 | 6 |
| under the age of 16 years |
| Rule 270 (1) (a) | Ride motor bike without helmet (rider | 3 | 6 |
| alone) |
| Rule 288 (4) | Driver not give way to user/animal on | 3 | 3 |
| path |
| Rule 289 (2) | Driver not give way to road | 3 | 3 |
| user/animal on nature strip |
| Rule 304 | Fail to obey police direction | 3 | 3 |
| 2005 No 277 | Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation
2005 |
| Schedule 1 | Amendments |
Road Transport (Safety and Traffic Management) Act 1999
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit
points | |
| Section 42 (1) (c) | Negligent driving | |
Road Transport (Vehicle Registration) Regulation 1998
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit
points | |
| Clause 84 (2) | Use vehicle contrary to a defect
notice: |
| (a) | in case of a major defect | 3 | 3 |
| (b) | in case of a minor defect | 1 | 1 |
| Schedule 2 | Additional demerit point offences |
(Clause 36 (2) and (3))
Australian Road Rules
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit
points | |
| Rule 46 (1) or 48 (1), | Not stop change of direction signal | |
| but only in the | after change |
circumstances
referred to in rule
46 (4) or 48 (4)
respectively |
| Rule 51 | Operate indicator light unlawfully | |
| Rule 92 (1) | Disobey traffic sign/road marking at | |
| intersection |
| Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation | 2005 No 277 |
| 2005 |
| Amendments | Schedule 1 |
Australian Road Rules
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit
points | |
| Rule 95 (1) | Drive in emergency stopping lane | |
| Rule 96 (1) | Stop on area marked with keep clear | |
| marking |
| Rule 97 (1) | Disobey road access sign | |
| Rule 98 (1) | Disobey one-way sign | |
| Rule 99 | Disobey keep left/right sign | |
| Rule 100 | Disobey no entry sign | |
| Rule 108 | Disobey trucks and buses low gear | |
| sign |
| Rule 111 (1), 116 or | Drive contrary to roundabout rules | |
| 118 (2) |
| Rule 124 | Fail to leave a level crossing | |
| Rule 127 | Long vehicle following other long | |
vehicle too closely, otherwise than
where following long vehicle is: |
| (a) | a class B or class C motor vehicle, and |
(b) in a Safe-T-Cam zone
vehicle too closely, where following
long vehicle is:
| Rule 127 | Long vehicle following other long | 4 | 4 |
| (a) | a class B or class C motor vehicle, and |
| (b) | in a Safe-T-Cam zone |
| Rule 136 | Drive wrong way on one-way service | 3 | 3 |
| road |
| Rule 137 | Drive on dividing strip | 2 | 2 |
| Rule 138 (1) | Drive on/over continuous line near | 2 | 2 |
| painted island |
| Rule 145 | Increase speed while being overtaken | 3 | 3 |
| 2005 No 277 | Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation
2005 |
| Schedule 1 | Amendments |
Australian Road Rules
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit
points | |
| Rule 146 | Not drive within single marked lane | |
or line of traffic, otherwise than where
vehicle not driven within single
marked lane or line of traffic is: |
| (a) | a class B or class C motor vehicle, and |
| (b) | in a Safe-T-Cam zone |
| Rule 146 | Not drive within single marked lane | 4 | 4 |
| or line of traffic, where vehicle not driven within single marked lane or line of traffic is: |
| (a) | a class B or class C motor vehicle, and |
(b) in a Safe-T-Cam zone
marked lanes, otherwise than where
vehicle crossing line is:
| Rule 147 | Cross continuous line separating | 2 | 2 |
| (a) | a class B or class C motor vehicle, and |
(b) in a Safe-T-Cam zone
marked lanes, where vehicle crossing
line is:
| Rule 147 | Cross continuous line separating | 4 | 4 |
| (a) | a class B or class C motor vehicle, and |
| (b) | in a Safe-T-Cam zone |
| Rule 150 | Drive on/over continuous white edge | 4 | 4 |
| line, where vehicle driven is: |
| (a) | a class B or class C motor vehicle, and |
| (b) | in a Safe-T-Cam zone |
| Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation | 2005 No 277 |
| 2005 |
| Amendments | Schedule 1 |
Australian Road Rules
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit
points | |
| Rule 150 | Drive on/over continuous white edge | |
| line, where vehicle driven is: |
| (a) | not a class B or class C motor vehicle, and |
(b) in a Safe-T-Cam zone
line, where vehicle driven is not in a
Safe-T-Cam zone
| Rule 150 | Drive on/over continuous white edge | 2 | 2 |
| Rule 154 | Drive in bus lane | 3 | 3 |
| Rule 157 | Drive in truck lane | 3 | 3 |
| Rule 159 | Bus or truck driver fail to drive in bus | 3 | 3 |
| lane or in truck lane where required |
| Rule 171 (1) | Stop on/near children’s crossing | 1 | 1 |
| Rule 172 (1) | Stop on/near pedestrian crossing | 1 | 1 |
| Rule 173 (1) | Stop on/near marked foot crossing | 1 | 1 |
| Rule 175 (1) | Stop on/near level crossing | 1 | 1 |
| Rule 268 (3) | Part of body outside vehicle | 3 | 3 |
| window/door (driver) |
| Rule 268 (4) | Drive with part of passenger’s body | 3 | 3 |
| outside window/door |
| Rule 270 (1) (a) and | Ride motor bike without helmet and | 6 | 12 |
| (b) | with one passenger only not wearing helmet |
| Rule 270 (1) (a) and | Ride motor bike without helmet and | 9 | 18 |
| (b) | with 2 or more passengers not wearing helmets |
| Rule 270 (1) (b) | Ride motor bike with one passenger | 3 | 6 |
| not wearing helmet |
| Rule 270 (1) (b) | Ride motor bike with 2 or more | 6 | 12 |
| passengers not wearing helmets |
| Rule 271 (1) (a) | Not sit astride on motor bike rider’s | 3 | 3 |
| seat |
| 2005 No 277 | Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation
2005 |
| Schedule 1 | Amendments |
Australian Road Rules
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit
points | |
| Rule 271 (4) | Unauthorised carriage of pillion | |
passenger on motor bike or motor
trike |
| Rule 271 (5) | Exceed number of passengers in | |
| motor bike side car |
| Rule 287 | Not stop and supply required | |
| particulars at scene of crash |
| Rule 288 (1) | Drive on path | |
| Rule 289 (1) | Drive on nature strip | |
| Rule 290 | Drive on traffic island | |
| Rule 291 | Start or drive a vehicle causing | |
| unnecessary noise or smoke |
| Rule 292 (a) | Drive/tow vehicle with unsecured | |
| load |
| Rule 292 (b) | Drive/tow vehicle with load causing | |
| instability |
| Rule 292 (c) | Drive/tow vehicle with overhanging | |
| load |
| Rule 293 (2) | Not remove/have removed any thing | |
| fallen/put upon road |
| Rule 294 (1) | Tow without appropriate control of | |
| towed vehicle |
| Rule 294 (2) (a) | Tow without control of trailer | |
| Rule 294 (2) (b) | Tow trailer when unsafe | |
| Rule 295 (1) and (2) | Not keep required distance (towing | |
| with towline) |
| Rule 295 (1) and (3) | Not keep required distance (towing | |
| with towline—motor bike) |
| Rule 295 (1), (4) | Warning material not correct | |
| and (5) (a) | shape/length |
| Rule 295 (1), (4) | Warning material not in correct | |
| and (5) (b) | position |
| Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation | 2005 No 277 |
| 2005 |
| Amendments | Schedule 1 |
Australian Road Rules
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit
points | |
| Rule 295 (1), (4) | Warning material not visible | |
| and (5) (c) |
| Rule 296 (1) | Not reverse vehicle safely | |
| Rule 297 | Not have proper control of vehicle | |
| Rule 298 | Tow trailer with person in/on trailer | |
| Rule 299 (1) (a) | Drive vehicle with TV/VDU image | |
| visible |
| Rule 300 | Use hand-held mobile phone while | |
| driving |
Protection of the Environment Operations (Noise Control) Regulation 2000
| Column 1 | Column 2 | Column 3 | Column 4 |
| Provision creating | Description of offence | Standard | Long |
| offence | demerit | weekend |
| points | demerit
points |
| Clause 17A (1) | Driver of a motor vehicle with a sound | 2 | 2 |
system driving or using the motor
vehicle on a road or road related area
where the sound system emits
offensive noise |
| 2005 No 277 | Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation
2005 |
| Schedule 1 | Amendments |
Road Transport (Driver Licensing) Regulation 1999
| Column 1 | Column 2 | Column 3 | Column 4 |
| Provision creating | Description of offence | Standard | Long |
| offence | demerit | weekend |
| points | demerit
points |
| Clause 12 (1) (a) | Unaccompanied learner | 2 | 2 |
| Clause 12 (1) (b) | Learner driver not display “L” plates | 2 | 2 |
| Clause 12 (2) (a) | Unauthorised carriage of pillion | 2 | 2 |
| passenger |
| Clause 12 (2) (b) | Learner rider not display “L” plates | 2 | 2 |
| Clause 12 (3) | Ride motorcycle of prohibited | 2 | 2 |
| capacity/power |
| Clause 13 | Learner tow other vehicle | 2 | 2 |
| Clause 15 (6) (a) | Drive vehicle towing excess weight | 2 | 2 |
| Clause 15 (6) (b) | Ride motor bike or motor trike towing | 2 | 2 |
| other vehicle |
| Clause 56 | Not comply with conditions of licence | 2 | 2 |
Road Transport (Safety and Traffic Management) Act 1999
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit
points | |
| Section 41 (1) | Burnout | |
| Section 41 (2) | Aggravated burnout | |
| Section 48 (2) | Stand vehicle with speed evasion | |
| article |
| Road Transport (Driver Licensing) Amendment (Demerit Points) Regulation | 2005 No 277 |
| 2005 |
| Amendments | Schedule 1 |
Road Transport (Safety and Traffic Management) (Road Rules) Regulation
1999
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit
points | |
| Clause 38 (1), (5) | Exceeding speed limit: |
| or (6) or 39 |