Road Transport (Driver Licensing) Amendment (Speeding and Keep Left Offences) Regulation 2010 (NSW)

2010 No 373

New South Wales

Road Transport (Driver Licensing)

Amendment (Speeding and Keep Left

Offences) Regulation 2010

under the

Road Transport (Driver Licensing) Act 1998

The Administrator, with the advice of the Executive Council, has made the following

Regulation under the Road Transport (Driver Licensing) Act 1998.

DAVID BORGER, MP

Minister for Roads

Explanatory note
The objects of this Regulation are:

(a)

to provide for an additional demerit point (and 2 additional points on long weekends, when double demerit points apply) to apply for a speeding offence under Rule 20 of the Road Rules 2008 by the driver of a a class B or class C motor vehicle (that is, a heavy vehicle) if evidence of average speed between detection points is used to establish the offence (under section 43A of the Road Transport (Safety and Traffic Management) Act 1999), and

(b)

to provide that 4 demerit points apply for an offence under Road Rule 132 (1) and (2) (which require drivers to keep to the left of the centre of a road or of the dividing line of a road) where the offence is committed by the driver of a class B or class C motor vehicle that is in a Safe-T-Cam zone or an average speed detection zone.

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

Published LW 16 July 2010	Page 1
2010 No 373	Road Transport (Driver Licensing) Amendment (Speeding and Keep Left
Clause 1	Offences) Regulation 2010

Road Transport (Driver Licensing) Amendment

(Speeding and Keep Left Offences) Regulation 2010

under the

Road Transport (Driver Licensing) Act 1998

1      Name of Regulation

This Regulation is the Road Transport (Driver Licensing) Amendment
(Speeding and Keep Left Offences) Regulation 2010.

2      Commencement

This Regulation commences on the day on which it is published on the
NSW legislation website.

Road Transport (Driver Licensing) Amendment (Speeding and Keep Left	2010 No 373
Offences) Regulation 2010
Amendment of Road Transport (Driver Licensing) Regulation 2008	Schedule 1
Schedule 1	Amendment of Road Transport (Driver Licensing) Regulation 2008

[1]      Schedule 1 National schedule of demerit point offences

Omit the two items about Rule 20 of the Road Rules 2008. Insert instead:

Rule 20, in the case of:  Exceeding speed limit:

*  a class A motor vehicle (a) where the speed limit is exceeded 6 12

that is not in a school zone,

or by more than 45km/h

(b) where the speed limit is exceeded 5 10

*

a class B or class C motor

vehicle that is not in a	by more than 30km/h but not
school zone and where	exceeded by more than 45km/h

evidence of average speed between detection points is not used to establish the

offence,

but not where the applicable speed
limit is specified by rule 24–1,

24–2, 24–3 or 24–4

(c)	where the speed limit is exceeded	4 8
by more than 20km/h but not exceeded by more than 30km/h
(d)	where the speed limit is exceeded	3 6
by more than 10km/h but not exceeded by more than 20km/h (otherwise than by the holder of a learner licence, provisional P1 licence or provisional P2 licence)
(e)	where the speed limit is exceeded	4 8
by more than 10km/h but not exceeded by more than 20km/h (in the case of the holder of a learner licence, provisional P1 licence or provisional P2 licence)
(f)	where the speed limit is exceeded	1 2
by not more than 10km/h (otherwise than by the holder of a learner licence, provisional P1 licence or provisional P2 licence)

2010 No 373	Road Transport (Driver Licensing) Amendment (Speeding and Keep Left Offences) Regulation 2010
Schedule 1	Amendment of Road Transport (Driver Licensing) Regulation 2008

(g)	where the speed limit is exceeded	4 8
by not more than 10km/h (in the case of the holder of a learner licence, provisional P1 licence or provisional P2 licence)

Rule 20, in the case of:  Exceeding speed limit:

*	a class A motor vehicle in	(a)	where the speed limit is exceeded	7 14
a school zone, or	by more than 45km/h
*	a class B or class C motor	(b)	where the speed limit is exceeded	6 12
vehicle that is in a school
zone or where evidence of	by more than 30km/h but not
average speed between	exceeded by more than 45km/h
detection points is used to establish the offence,

but not where the applicable speed
limit is specified by rule 24–1,

24–2, 24–3 or 24–4

(c)	where the speed limit is exceeded	5 10
by more than 20km/h but not exceeded by more than 30km/h
(d)	where the speed limit is exceeded	4 8
by more than 10km/h but not exceeded by more than 20km/h (otherwise than by the holder of a learner licence, provisional P1 licence or provisional P2 licence)
(e)	where the speed limit is exceeded	5 10
by more than 10km/h but not exceeded by more than 20km/h (in the case of the holder of a learner licence, provisional P1 licence or provisional P2 licence)
(f)	where the speed limit is exceeded	2 4
by not more than 10km/h (otherwise than by the holder of a learner licence, provisional P1 licence or provisional P2 licence)
(g)	where the speed limit is exceeded	5 10
by not more than 10km/h (in the case of the holder of a learner licence, provisional P1 licence or provisional P2 licence)

Road Transport (Driver Licensing) Amendment (Speeding and Keep Left	2010 No 373
Offences) Regulation 2010
Amendment of Road Transport (Driver Licensing) Regulation 2008	Schedule 1

[2]      Schedule 1

Omit the matter relating to Rules 130, 131, 132 (1) or (2) and 135 of the Road
Rules 2008 from columns1–4.

Insert instead:

Rule 130, 131 or 135  Failing to keep left 3 3

Rule 132 (1) or (2)  Failing to keep left:

(a)	where vehicle is a class B or class C	4 4
motor vehicle in a Safe-T-Cam zone or average speed detection zone
(b)	where vehicle is not a class B or class C	3 3
motor vehicle in a Safe-T-Cam zone or average speed detection zone