2008 No 186
Road Transport (Driver Licensing) Amendment (Rules Consolidation) 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.
ERIC ROOZENDAAL, M.L.C.,
Minister for Roads
Explanatory note
The object of this Regulation is to amend the Road Transport (Driver Licensing)
Regulation 1999:
| (a) | to make amendments that are consequential on the consolidation of the road rules applicable in New South Wales in the Road Rules 2008 and the renaming of the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 as the Road Transport (Safety and Traffic Management) Regulation 1999, and |
| (b) | to vary and add additional offences to the Schedules of demerit point offences arising from the consolidation of the road rules and the inclusion of new offences from the Australian Road Rules in that consolidation. |
This Regulation is made under the Road Transport (Driver Licensing) Act 1998, including sections 15, 19 (the general regulation-making power) and 20.
| Published in Gazette No 69 of 13 June 2008, page 5298 | Page 1 |
| 2008 No 186 | Road Transport (Driver Licensing) Amendment (Rules Consolidation) |
| Clause 1 | Regulation 2008 |
Road Transport (Driver Licensing) Amendment (Rules
Consolidation) Regulation 2008
under the
Road Transport (Driver Licensing) Act 1998
1 Name of Regulation
This Regulation is the Road Transport (Driver Licensing) Amendment
(Rules Consolidation) Regulation 2008.
2 Commencement
This Regulation commences on 1 July 2008.
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 (Rules Consolidation) | 2008 No 186 |
| Regulation 2008 |
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 15A Second-stage provisional licences (provisional P2)
Omit “Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999” from clause 15A (5). |
Insert instead “Road Rules 2008”.
[2] Clause 15CA Provisional P1 licences—restrictions on passengers under 21
Omit “Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999” from clause 15CA (2). |
Insert instead “Road Rules 2008”.
[3] Clause 60A Purposes for which photographs may be kept and used
Omit “(Road Rules)”.
[4] Schedule 1 National schedule of demerit point offences
Omit the matter relating to Australian Road Rules. Insert instead:
Road Rules 2008
| Column 1 | Column 2 | Column 3 Column 4 | |
| Provision creating | Description of offence | Standard | Long | |
| |
| Rule 20 (except in a | Exceeding speed limit: |
| school zone or where the applicable speed limit is specified by rule 24–1, 24–2, |
| 24–3 or 24–4) |
| (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 |
| 2008 No 186 | Road Transport (Driver Licensing) Amendment (Rules Consolidation) Regulation 2008 |
| Schedule 1 | Amendments |
Road Rules 2008
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit points | |
| (c) | where the speed limit is | 3 | 6 |
exceeded by more than 15km/h but not exceeded by more than 30km/h (otherwise than by the holder of a provisional P1 licence) |
| (d) | where the speed limit is | 4 | 8 |
exceeded by more than 15km/h but not exceeded by more than 30km/h (in the case of the holder of a provisional P1 licence) |
| (e) | where the speed limit is | 3 | 6 |
| exceeded by not more than 15km/h (otherwise than by the holder of a provisional P1 licence) |
| (f) | where the speed limit is | 4 | 8 |
| exceeded by not more than 15km/h (in the case of the holder of a provisional |
| P1 licence) |
| Rule 20 (in school | Exceeding speed limit: |
| zone, except where the applicable speed limit is specified by rule 24–1, 24–2, |
| 24–3 or 24–4) |
| (a) | where the speed limit is | 7 | 14 | |
exceeded by more than
45km/h
| (b) | where the speed limit is | 5 | 10 |
exceeded by more than 30km/h but not exceeded by more than 45km/h |
| Road Transport (Driver Licensing) Amendment (Rules Consolidation) | 2008 No 186 |
| Regulation 2008 |
| Amendments | Schedule 1 |
Road Rules 2008
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit points | |
| (c) | where the speed limit is | 4 | 8 |
exceeded by more than 15km/h but not exceeded by more than 30km/h (otherwise than by the holder of a provisional P1 licence) |
| (d) | where the speed limit is | 5 | 10 |
exceeded by more than 15km/h but not exceeded by more than 30km/h (in the case of the holder of a provisional P1 licence) |
| (e) | where the speed limit is | 4 | 8 |
| exceeded by not more than 15km/h (otherwise than by the holder of a provisional P1 licence) |
| (f) | where the speed limit is | 5 | 10 |
| exceeded by not more than 15km/h (in the case of the holder of a provisional |
| P1 licence) |
| Rule 27, 28 (1), 29, | Turning improperly | 2 | 2 |
| 31, 32 (1) or 33 |
| Rule 37, 39, 40, 41 or | Make unlawful U-turn | 2 | 2 |
42 (except in school zone) |
| Rule 37, 39, 40, 41 or | Make unlawful U-turn | 3 | 3 |
| 42 (in school zone) |
| Rule 38, 62, 63 (3) or | Failing to give way | 3 | 3 |
64 (except in school zone) |
| Rule 38, 62, 63 (3) or | Failing to give way | 4 | 4 |
| 64 (in school zone) |
| 2008 No 186 | Road Transport (Driver Licensing) Amendment (Rules Consolidation) Regulation 2008 |
| Schedule 1 | Amendments |
Road Rules 2008
| 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 give proper signal when | |
| but only in the | driving out from side of road |
circumstances referred to in rule 46 (3) or 48 (3) respectively |
| 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 or in school zones |
| Rule 56 or 59, but | Disobeying traffic light | |
only at traffic lights in school zones, other than traffic lights at toll booths |
| Rule 57, 60, 61 or | Disobeying traffic light | |
| 63 (2) (except at level crossing or in school zone) |
| Rule 57, 60, 61 or | Disobeying traffic light | |
63 (2) (in school zone but not at level crossing) |
| Rule 66 (except at | Disobeying traffic light | |
level crossing) or Part 17 |
| Rule 65 (2) (a), 80 or | Failing to stop or give way at | |
| 81 (2) (except in | pedestrian, children’s or |
| school zone) | marked crossing |
| Road Transport (Driver Licensing) Amendment (Rules Consolidation) | 2008 No 186 |
| Regulation 2008 |
| Amendments | Schedule 1 |
Road Rules 2008
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit points | |
| Rule 65 (2) (a), 80 or | Failing to stop or give way at | |
| 81 (2) (in school | pedestrian, children’s or marked |
| zone) | crossing |
| Rule 65 (2) (b) | Obstruct pedestrian—flashing | |
| (except in school | yellow light |
| zone) |
| Rule 65 (2) (b) (in | Obstruct pedestrian—flashing | |
| school zone) | yellow light |
| Rule 65 (2) (c) | Overtake/pass vehicle—flashing | |
| (except in school | yellow light |
| zone) |
| Rule 65 (2) (c) (in | Overtake/pass vehicle—flashing | |
| school zone) | yellow light |
| Rule 67, 68, 69, 71 or | Disobeying stop (including | |
| 101 (except in school | hand-held stop) or give way sign |
| zone) | or line |
| Rule 67, 68, 69, 71 | Disobeying stop (including | |
| or 101 (in school | hand-held stop) or give way sign |
| zone) | or line |
| Rule 70 (except in | Disobey give way sign on | |
| school zone) | bridge/narrow road |
| Rule 70 (in school | Disobey give way sign on | |
| zone) | bridge/narrow road |
| Rule 72 (1), 73, 74, | Failing to give way | |
75, 84, 87, 114, 148 or 149 |
| 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 |
| 2008 No 186 | Road Transport (Driver Licensing) Amendment (Rules Consolidation) Regulation 2008 |
| Schedule 1 | Amendments |
Road Rules 2008
| 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) (except in | Approach pedestrian crossing too | |
| school zone) | quickly to stop safely if necessary |
| Rule 81 (1) (in school | Approach pedestrian crossing too | |
| zone) | quickly to stop safely if necessary |
| Rule 82 (except in | Overtake or pass vehicle— | |
| school zone) | children’s or pedestrian crossing |
| Rule 82 (in school | Overtake or pass vehicle— | |
| zone) | 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 |
| Rule 115 | Not drive to left of central traffic | |
| island in the roundabout |
| Rule 121 or 122 | Failing to stop or give way at | |
| level crossing |
| Rule 123 (a) | Enter a level crossing when | |
| warning lights or bells operating |
| Rule 123 (b) | Enter a level crossing when gate, | |
boom or barrier is closed, opening or closing |
| Rule 123 (c) | Enter a level crossing when a train | |
or tram is on or entering the crossing |
| Road Transport (Driver Licensing) Amendment (Rules Consolidation) | 2008 No 186 |
| Regulation 2008 |
| Amendments | Schedule 1 |
Road Rules 2008
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit points | |
| Rule 123 (d) | Enter a level crossing when a train | |
or tram is approaching the crossing |
| Rule 123 (e) | Enter a level crossing when | |
| crossing or road beyond is blocked |
| Rule 126 | Following too closely | |
| Rule 129 | Not drive far left side of road | |
| Rule 130, 131, | Failing to keep left | |
| 132 (1) or (2) or 135 |
| Rule 140 | Overtake vehicle when unsafe | |
| Rule 141 (1) | 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 |
| Rule 162, 163 or 164 | Unlawfully driving past safety | |
zone or stopped tram or failing to give way to pedestrian crossing near stopped tram |
| Rule 218 | Failure to dip headlights | |
| Rule 219 | Use lights to dazzle another road | |
| user |
| Rule 264 | Driver not wearing seat belt | |
| Rule 266 | Drive with unrestrained | |
passengers under the age of 16 years |
| Rule 270 (1) (a) | Ride motor bike without helmet | |
| (rider alone) |
| Rule 288 (4) (except | Driver not give way to user/animal | |
| in school zone) | on path |
| 2008 No 186 | Road Transport (Driver Licensing) Amendment (Rules Consolidation) Regulation 2008 |
| Schedule 1 | Amendments |
Road Rules 2008
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit points | |
| Rule 288 (4) (in | Driver not give way to user/animal | |
| school zone) | on path |
| Rule 289 (2) (except | Driver not give way to road | |
| in school zone) | user/animal on nature strip |
| Rule 289 (2) (in | Driver not give way to road | |
| school zone) | user/animal on nature strip |
| Rule 304 | Fail to obey police direction | |
[5] Schedule 2 Additional demerit point offences
Omit the matter relating to the Australian Road Rules.
Insert after the matter relating to the Protection of the Environment Operations (Noise Control) Regulation 2000: |
| Road Rules 2008 |
| Column 1 | Column 2 | Column 3 Column 4 |
|
| Provision creating | Description of offence | Standard | Long | |
|
| Rule 20 (where the | Exceeding speed limit for |
| applicable speed limit | provisional driver: |
is specified by rule 24–1 (2) or (3), except in a school zone) |
| (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 |
| Road Transport (Driver Licensing) Amendment (Rules Consolidation) | 2008 No 186 |
| Regulation 2008 |
| Amendments | Schedule 1 |
Road Rules 2008
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit points | |
| (c) | where the speed limit is | 3 | 6 |
exceeded by more than 15km/h but not exceeded by more than 30km/h (otherwise than by the holder of a provisional P1 licence) |
| (d) | where the speed limit is | 4 | 8 |
exceeded by more than 15km/h but not exceeded by more than 30km/h (in the case of the holder of a provisional P1 licence) |
| (e) | where the speed limit is | 3 | 6 |
| exceeded by not more than 15km/h (otherwise than by the holder of a provisional P1 licence) |
| (f) | where the speed limit is | 4 | 8 |
| exceeded by not more than 15km/h (in the case of the holder of a provisional |
| P1 licence) |
| Rule 20 (in a school | Exceeding speed limit for |
| zone where the | provisional driver: |
applicable speed limit is specified by rule 24–1 (2) or (3)) |
| (a) | where the speed limit is | 7 | 14 | |
exceeded by more
than 45km/h
| (b) | where the speed limit is | 5 | 10 |
exceeded by more than 30km/h but not exceeded by more than 45km/h |
| 2008 No 186 | Road Transport (Driver Licensing) Amendment (Rules Consolidation) Regulation 2008 |
| Schedule 1 | Amendments |
Road Rules 2008
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit points | |
| (c) | where the speed limit is | 4 | 8 |
exceeded by more than 15km/h but not exceeded by more than 30km/h (otherwise than by the holder of a provisional P1 licence) |
| (d) | where the speed limit is | 5 | 10 |
exceeded by more than 15km/h but not exceeded by more than 30km/h (in the case of the holder of a provisional P1 licence) |
| (e) | where the speed limit is | 4 | 8 |
| exceeded by not more than 15km/h (otherwise than by the holder of a provisional P1 licence) |
| (f) | where the speed limit is | 5 | 10 |
| exceeded by not more than 15km/h (in the case of the holder of a provisional |
| P1 licence) |
| Rule 20 (where the | Exceeding speed limit on Lord |
| applicable speed limit | Howe Island: |
is specified by rule 24–2) |
| (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 |
| Road Transport (Driver Licensing) Amendment (Rules Consolidation) | 2008 No 186 |
| Regulation 2008 |
| Amendments | Schedule 1 |
Road Rules 2008
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit points | |
| (d) | where the speed limit is | 3 | 6 |
exceeded by not more than 15km/h |
| Rule 20 (where the | Pass bus at speed in excess of |
| applicable speed limit | 40km/h: |
is specified by rule 24–3) |
| (a) | where the motor vehicle is | 6 | 12 | |
driven at a speed that
exceeds 85km/h
| (b) | where the motor vehicle is | 4 | 8 |
driven at a speed that exceeds 70km/h but does not exceed 85km/h |
| (c) | where the motor vehicle is | 3 | 6 |
driven at a speed that exceeds 55km/h but does not exceed 70km/h (otherwise than by the holder of a provisional P1 licence) |
| (d) | where the motor vehicle is | 4 | 8 |
driven at a speed that exceeds 55km/h but does not exceed 70km/h (in the case of the holder of a provisional P1 licence) |
| (e) | where the motor vehicle is | 3 | 6 |
driven at a speed that exceeds 40km/h but does not exceed 55km/h (otherwise than by the holder of a provisional P1 licence) |
| 2008 No 186 | Road Transport (Driver Licensing) Amendment (Rules Consolidation) Regulation 2008 |
| Schedule 1 | Amendments |
Road Rules 2008
| Column 1 | Column 2 | Column 3 Column 4 |
| Provision creating | Description of offence | |
| offence | | demerit | weekend | | points | demerit points | |
| (f) | where the motor vehicle is | 4 | 8 |
driven at a speed that exceeds 40km/h but does not exceed 55km/h (in the case of the holder of a provisional P1 licence) |
| Rule 28 (1A) | Turning left improperly at | 2 | 2 |
intersection from a multi-lane road with slip lane |
| Rule 46 (1) or 48 (1), | Not stop change of direction signal | 2 | 2 |
| but only in the | after change |
circumstances referred to in rule 46 (4) or 48 (4) respectively |
| Rule 51 | Operate indicator light unlawfully | 2 | 2 |
| Rule 60A (1) or (2) | Disobey a red traffic light or arrow | 3 | 3 |
| (except in school | when proceeding through bicycle |
| zone) | storage area |
| Rule 60A (1) or (2) | Disobey a red traffic light or arrow | 4 | 4 |
| (in school zone) | when proceeding through bicycle storage area |
| Rule 92 (1) | Disobey traffic sign/road marking | 2 | 2 |
| at intersection |
| Rule 95 (1) | Drive in emergency stopping lane | 2 | 2 |
| Rule 96 (1) | Stop on area marked with keep | 2 | 2 |
| clear marking |
| Rule 97 (1) | Disobey road access sign | 2 | 2 |
| Rule 98 (1) | Disobey one-way sign | 2 | 2 |
| Rule 99 | Disobey keep left/right sign | 2 | 2 |
| Rule 100 | Disobey no entry sign | 2 | 2 |
| Rule 108 | Disobey trucks and buses low | 3 | 3 |
| gear sign |