Road Transport (Driver Licensing) Amendment (Fatigue and Speeding) Regulation 2008 (NSW)

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2008 No 430

New South Wales

Road Transport (Driver Licensing)

Amendment (Fatigue and Speeding)

Regulation 2008

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 DALEY, M.P.,

Minister for Roads

Explanatory note
The object of this Regulation is to amend Schedule 2 (Additional demerit point offences) to the Road Transport (Driver Licensing) Regulation 2008 to provide that where a person is convicted by a court of certain new offences in proposed Part 6 (Heavy vehicle driver fatigue) of the Road Transport (General) Regulation 2005 (to be inserted by the Road Transport (General) Amendment (Heavy Vehicle Driver Fatigue and Speeding Compliance) Regulation 2008) the person will incur the specified demerit points.

This Regulation is made under the Road Transport (Driver Licensing) Act 1998, including sections 19 (the general regulation-making power) and 20 (2) (o) (in relation to the demerit points register).

Published in Gazette 123 of 26 September 2008, page 9550	Page 1
2008 No 430	Road Transport (Driver Licensing) Amendment (Fatigue and Speeding)
Clause 1	Regulation 2008

Road Transport (Driver Licensing) Amendment (Fatigue and Speeding) Regulation 2008

under the

Road Transport (Driver Licensing) Act 1998

1 Name of Regulation
This Regulation is the Road Transport (Driver Licensing) Amendment
(Fatigue and Speeding) Regulation 2008.

2 Commencement
This Regulation commences on 29 September 2008.

3 Amendment of Road Transport (Driver Licensing) Regulation 2008
The Road Transport (Driver Licensing) Regulation 2008 is amended as set out in Schedule 1.

Road Transport (Driver Licensing) Amendment (Fatigue and Speeding)	2008 No 430
Regulation 2008
Amendment	Schedule 1
Schedule 1	Amendment

(Clause 3)

Schedule 2 Additional demerit point offences
Insert in appropriate order:
Road Transport (General) Regulation 2005

Column 1 Column 2 Column 3 Column 4
Provision creating Description of offence

Standard Long
offence

demerit weekend
points demerit
points
Clause 64, but only Contravening standard hours for
where a court finds the solo driver of a regulated heavy
person guilty of the vehicle
offence:

(a) in relation to a 3 3
severe risk
offence
(b) in relation to a 4 4
critical risk
offence

Clause 65, but only Contravening standard hours for
where a court finds the solo driver of a bus
person guilty of the
offence:

(a) in relation to a 3 3
severe risk
offence
(b) in relation to a 4 4
critical risk
offence

Clause 66, but only Contravening standard hours for
where a court finds the two-up driver of a regulated
person guilty of the heavy vehicle
offence:

2008 No 430	Road Transport (Driver Licensing) Amendment (Fatigue and Speeding) Regulation 2008
Schedule 1	Amendment

Road Transport (General) Regulation 2005

Column 1 Column 2 Column 3 Column 4
Provision creating Description of offence

Standard Long
offence

demerit weekend
points demerit
points

(b) in relation to a 4 4
critical risk
offence

Clause 68, but only Contravening BFM hours for
where a court finds the solo driver of a regulated heavy
person guilty of the vehicle
offence:

(a) in relation to a 3 3
severe risk
offence
(b) in relation to a 4 4
critical risk
offence

Clause 70, but only Contravening BFM hours for
where a court finds the two-up driver of a regulated
person guilty of the heavy vehicle
offence:

(a) in relation to a 3 3
severe risk
offence
(b) in relation to a 4 4
critical risk
offence

Clause 71, but only Contravening AFM hours for
where a court finds the driver of a regulated heavy
person guilty of the vehicle
offence:

Road Transport (Driver Licensing) Amendment (Fatigue and Speeding)	2008 No 430
Regulation 2008
Amendment	Schedule 1

Road Transport (General) Regulation 2005

Column 1 Column 2 Column 3 Column 4
Provision creating Description of offence

Standard Long
offence

demerit weekend
points demerit
points
Clause 72, but only Contravening AFM outer limits
where a court finds the for driver of a regulated heavy
person guilty of the vehicle
offence:

(a) in relation to a 3 3
severe risk
offence
(b) in relation to a 4 4
critical risk
offence

Clause 117 (9), but Contravening work and rest
only where a court hours exemption hours
finds the person guilty
of the offence:

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Road Transport (Driver Licensing) Amendment (Fatigue and Speeding) Regulation 2008 (NSW)

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(a)	in relation to a	3	3
severe risk offence
(b)	in relation to a	4	4
critical risk offence

Clause 65, but only	Contravening standard hours for
where a court finds the	solo driver of a bus
person guilty of the offence:

Clause 66, but only	Contravening standard hours for
where a court finds the	two-up driver of a regulated
person guilty of the	heavy vehicle
offence:

Clause 68, but only	Contravening BFM hours for
where a court finds the	solo driver of a regulated heavy
person guilty of the	vehicle
offence:

Clause 70, but only	Contravening BFM hours for
where a court finds the	two-up driver of a regulated
person guilty of the	heavy vehicle
offence:

Clause 71, but only	Contravening AFM hours for
where a court finds the	driver of a regulated heavy
person guilty of the	vehicle
offence:

Clause 117 (9), but	Contravening work and rest
only where a court	hours exemption hours
finds the person guilty of the offence: