Road Transport (Driver Licensing) Amendment (School Zones) Regulation 2007 (NSW)

2007 No 212

New South Wales

Road Transport (Driver Licensing)

Amendment (School Zones)

Regulation 2007

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 to apply demerit points to certain offences, and increase the demerit points already applying to certain offences, if they are committed in operating school zones.

This Regulation is made under the Road Transport (Driver Licensing) Act 1998, including sections 14, 15 and 19 (the general regulation-making power).

Published in Gazette No 68 of 18 May 2007, page 2748	Page 1
2007 No 212	Road Transport (Driver Licensing) Amendment (School Zones)
Clause 1	Regulation 2007

Road Transport (Driver Licensing) Amendment (School

Zones) Regulation 2007

under the

Road Transport (Driver Licensing) Act 1998

1      Name of Regulation

This Regulation is the Road Transport (Driver Licensing) Amendment
(School Zones) Regulation 2007.

2      Commencement

This Regulation commences on 21 May 2007.

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 (School Zones)	2007 No 212
Regulation 2007
Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Schedule 1 National schedule of demerit point offences

Omit the matter in Columns 1, 2, 3 and 4 under the heading Australian Road
Rules.

Insert instead:

Rule 20 (except in  Exceeding speed limit:

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
(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 20 (in school	Exceeding speed limit:
zone)
(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
(c)	where the speed limit is	4	8
exceeded by more than 15km/h but not exceeded by more than 30km/h
(d)	where the speed limit is	4	8
exceeded by not more than 15km/h

Rule 27, 28, 29, 31,	Turning improperly	2	2
32, 33 or 43

2007 No 212	Road Transport (Driver Licensing) Amendment (School Zones) Regulation 2007
Schedule 1	Amendments

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 or 64 (except	Failing to give way	3	3
in school zone)
Rule 38 or 64 (in	Failing to give way	4	4
school zone)
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
Rule 46 (1) or 48 (1)	Changing direction or stopping	2	2
(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	3	3
only at traffic lights other than traffic lights at toll booths or in school zones
Rule 56 or 59, but	Disobeying traffic light	4	4
only at traffic lights in school zones, other than traffic lights at toll booths
Rule 57, 60, 61 or 63	Disobeying traffic light	3	3
(2) (except at level crossing or in school zone)
Rule 57, 60, 61 or 63	Disobeying traffic light	4	4
(2) (in school zone but not at level crossing)
Rule 66 (except at	Disobeying traffic light	3	3
level crossing) or Part 17

Road Transport (Driver Licensing) Amendment (School Zones)	2007 No 212
Regulation 2007
Amendments	Schedule 1

Rule 62 or 63 (3)	Failing to give way	3	3
(except in school zone)
Rule 62 or 63 (3) (in	Failing to give way	4	4
school zone)
Rule 65 (2) (a), 80 or	Failing to stop or give way at	3	3
81 (2) (except in	pedestrian, children’s or level crossing
school zone)
Rule 65 (2) (a), 80 or	Failing to stop or give way at	4	4
81 (2) (in school zone)	pedestrian, children’s or level crossing
Rule 65 (2) (b) (except	Obstruct pedestrian—flashing yellow	3	3
in school zone)	light
Rule 65 (2) (b) (in	Obstruct pedestrian—flashing yellow	4	4
school zone)	light
Rule 65 (2) (c) (except	Overtake/pass vehicle—flashing	3	3
in school zone)	yellow light
Rule 65 (2) (c) (in	Overtake/pass vehicle—flashing	4	4
school zone)	yellow light
Rule 67, 68, 69, 71 or	Disobeying stop (including hand-held	3	3
101 (except in school	stop) or give way sign or line
zone)
Rule 67, 68, 69, 71 or	Disobeying stop (including hand-held	4	4
101 (in school zone)	stop) or give way sign or line
Rule 70 (except in	Disobey give way sign on	3	3
school zone)	bridge/narrow road
Rule 70 (in school	Disobey give way sign on	4	4
zone)	bridge/narrow road
Rule 72 (1), 73, 74,	Failing to give way	3	3
75, 84, 87, 114, 148 or 149
Rule 76 (1)	Drive into path of approaching tram	3	3
Rule 76 (2)	Not move out of path of approaching	3	3
tram
Rule 77 (1)	Driver in left lane/traffic line not give	3	3
way to bus
Rule 78 (1)	Move into path of police or emergency	3	3
vehicle
Rule 78 (2)	Not move out of path of police or	3	3
emergency vehicle

2007 No 212	Road Transport (Driver Licensing) Amendment (School Zones) Regulation 2007
Schedule 1	Amendments

Rule 79 (1)	Not give way to police or emergency	3	3
vehicle
Rule 81 (1) (except in	Approach pedestrian crossing too	3	3
school zone)	quickly to stop safely if necessary
Rule 81 (1) (in school	Approach pedestrian crossing too	4	4
zone)	quickly to stop safely if necessary
Rule 82 (except in	Overtake or pass vehicle—children’s	3	3
school zone)	or pedestrian crossing
Rule 82 (in school	Overtake or pass vehicle—children’s	4	4
zone)	or pedestrian crossing
Rule 83	Not give way to pedestrian in shared	3	3
zone
Rule 85	Not give way to vehicle in/entering	3	3
turning lane
Rule 86 (1)	Not give way to vehicle (median	3	3
turning bay)
Rule 88, 89, 90 or 91	Disobey traffic sign	2	2
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 121 or 122	Failing to stop or give way at level	3	3
crossing
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
Rule 130, 131, 132 or	Failing to keep left	3	3
135
Rule 140	Overtake vehicle when unsafe	3	3

Road Transport (Driver Licensing) Amendment (School Zones)	2007 No 212
Regulation 2007
Amendments	Schedule 1

Rule 141	Overtake to left of vehicle	2	2
Rule 142 (1)	Overtake to right of vehicle turning	3	3
right/making U-turn
Rule 144	Fail to keep safe distance when	3	3
overtaking
Rule 152	Disobey overhead lane control device	3	3
Rule 162, 163 or 164	Unlawfully driving past safety zone or	2	2
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) (except	Driver not give way to user/animal on	3	3
in school zone)	path
Rule 288 (4) (in	Driver not give way to user/animal on	4	4
school zone)	path
Rule 289 (2) (except	Driver not give way to road	3	3
in school zone)	user/animal on nature strip
Rule 289 (2) (in	Driver not give way to road	4	4
school zone)	user/animal on nature strip
Rule 304	Fail to obey police direction	3	3

[2]      Schedule 2 Additional demerit point offences

Omit the matter in Columns 1, 2, 3 and 4 under the heading Australian Road
Rules.

Insert instead:

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

2007 No 212	Road Transport (Driver Licensing) Amendment (School Zones) Regulation 2007
Schedule 1	Amendments

Rule 92 (1)	Disobey traffic sign/road marking at	2	2
intersection
Rule 95 (1)	Drive in emergency stopping lane	2	2
Rule 96 (1)	Stop on area marked with keep clear	2	2
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 gear	3	3
sign
Rule 111 (1), 116 or	Drive contrary to roundabout rules	2	2
118 (2)
Rule 124	Fail to leave a level crossing	3	3
Rule 127	Long vehicle following other long	3	3
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

Road Transport (Driver Licensing) Amendment (School Zones)	2007 No 212
Regulation 2007
Amendments	Schedule 1

Rule 146	Not drive within single marked lane or	2	2
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

line of traffic, where vehicle not driven
within single marked lane or line of
traffic is:

Rule 146 Not drive within single marked lane or 4 4

(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

Rule 147	Cross continuous line separating	4	4
marked lanes, where vehicle crossing
line is:

(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

Rule 150	Drive on/over continuous white edge	2	2
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

2007 No 212	Road Transport (Driver Licensing) Amendment (School Zones) Regulation 2007
Schedule 1	Amendments

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 167 (in school	Disobey no stopping sign	2	2
zone)
Rule 168 (1) (in	Disobey no parking sign	2	2
school zone)
Rule 171 (1) (except	Stop on/near children’s crossing	1	1
in school zone)
Rule 171 (1) (in	Stop on/near children’s crossing	2	2
school zone)
Rule 172 (1) (except	Stop on/near pedestrian crossing	1	1
in school zone)
Rule 172 (1) (in	Stop on/near pedestrian crossing	2	2
school zone)
Rule 173 (1) (except	Stop on/near marked foot crossing	1	1
in school zone)
Rule 173 (1) (in	Stop on/near marked foot crossing	2	2
school zone)
Rule 175 (1)	Stop on/near level crossing	1	1
Rule 183 (1) (in	Stop in bus zone	2	2
school zone)
Rule 189 (1) (in	Double park	2	2
school zone)
Rule 195 (1) (in	Stop at/near bus stop	2	2
school zone)
Rule 197 (1) (in	Stop on path/strip in built-up area	2	2
school zone)
Rule 198 (2) (in	Stop on/across driveway/other access	2	2
school zone)	to/from adjacent land
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

Road Transport (Driver Licensing) Amendment (School Zones)	2007 No 212
Regulation 2007
Amendments	Schedule 1

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
Rule 271 (4)	Unauthorised carriage of pillion	3	3
passenger on motor bike or motor trike
Rule 271 (5)	Exceed number of passengers in motor	3	3
bike side car
Rule 287	Not stop and supply required	3	3
particulars at scene of crash
Rule 288 (1) (except	Drive on path	3	3
in school zone)
Rule 288 (1) (in	Drive on path	4	4
school zone)
Rule 289 (1) (except	Drive on nature strip	3	3
in school zone)
Rule 289 (1) (in	Drive on nature strip	4	4
school zone)
Rule 290 (except in	Drive on traffic island	3	3
school zone)
Rule 290 (in school	Drive on traffic island	4	4
zone)
Rule 291	Start or drive a vehicle causing	3	3
unnecessary noise or smoke
Rule 292 (a)	Drive/tow vehicle with unsecured load 3	3
Rule 292 (b)	Drive/tow vehicle with load causing	3	3
instability
Rule 292 (c)	Drive/tow vehicle with overhanging	3	3
load
Rule 293 (2)	Not remove/have removed any thing	3	3
fallen/put upon road
Rule 294 (1)	Tow without appropriate control of	3	3
towed vehicle
Rule 294 (2) (a)	Tow without control of trailer	3	3

2007 No 212	Road Transport (Driver Licensing) Amendment (School Zones) Regulation 2007
Schedule 1	Amendments

Rule 294 (2) (b)	Tow trailer when unsafe	3	3
Rule 295 (1) and (2)	Not keep required distance (towing	2	2
with towline)
Rule 295 (1) and (3)	Not keep required distance (towing	2	2
with towline—motor bike)
Rule 295 (1), (4) and	Warning material not correct	2	2
(5) (a)	shape/length
Rule 295 (1), (4) and	Warning material not in correct	2	2
(5) (b)	position
Rule 295 (1), (4) and	Warning material not visible	2	2
(5) (c)
Rule 296 (1) (except	Not reverse vehicle safely	2	2
in school zone)
Rule 296 (1) (in	Not reverse vehicle safely	3	3
school zone)
Rule 297 (except in	Not have proper control of vehicle	3	3
school zone)
Rule 297 (in school	Not have proper control of vehicle	4	4
zone)
Rule 298	Tow trailer with person in/on trailer	3	3
Rule 299 (1) (a)	Drive vehicle with TV/VDU image	3	3
(except in school	visible
zone)
Rule 299 (1) (a) (in	Drive vehicle with TV/VDU image	4	4
school zone)	visible
Rule 300 (except in	Use hand-held mobile phone while	3	3
school zone)	driving
Rule 300 (in school	Use hand-held mobile phone while	4	4
zone)	driving

Road Transport (Driver Licensing) Amendment (School Zones)	2007 No 212
Regulation 2007
Amendments	Schedule 1

[3]      Schedule 2

Omit the matter relating to clause 38 (1), (5) or (6) or 39 in Columns 1, 2, 3 and 4 under the heading Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999.

Insert instead:

Clause 38 (1), (5) or  Exceeding speed limit:

(6) (except in 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
(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

Clause 38 (1), (5) or	Exceeding speed limit:
(6) (in school zone)
(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
(c)	where the speed limit is	4	8
exceeded by more than 15km/h but not exceeded by more than 30km/h
(d)	where the speed limit is	4	8
exceeded by not more than 15km/h

Clause 39	Exceeding speed limit:
(a) where the speed limit is 6 12

exceeded by more than 45km/h

2007 No 212	Road Transport (Driver Licensing) Amendment (School Zones) Regulation 2007
Schedule 1	Amendments

(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

[4]      Dictionary

Insert in alphabetical order:

school zone means a school zone (as defined in rule 23 of the Australian Road Rules), but only during any period in which the speed limit indicated by a school zone sign has effect, as referred to in clause 13 of Schedule 1 to the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999.

BY AUTHORITY