Road Transport (Driver Licensing) Amendment (Speeding Offences) Regulation 2009 (NSW)
2009 No 295
New South Wales
Road Transport (Driver Licensing)
Amendment (Speeding Offences)
Regulation 2009
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, MP
Minister for Roads
Explanatory note
The number of demerit points incurred for speeding offences increases depending on by how much the applicable speed limit is exceeded. Currently, the number of points incurred increases at 15, 30 and 45 kilometres per hour (km/h) over the speed limit.
The object of this Regulation is to provide for increases in the number of points incurred at 10, 20, 30 and 45 km/h over the applicable speed limit and to amend the number of points incurred in respect of speeding offences. The following number of points will now be incurred by the holder of an unrestricted driver licence if the holder exceeds the applicable speed limit by the following amounts:
| (a) | not more than 10 km/h—1 point (currently 3 points), |
| (b) | more than 10 but not more than 20 km/h—3 points (currently 3 points), |
| (c) | more than 20 but not more than 30 km/h—4 points (currently 3 points), |
| (d) | more than 30 but not more than 45 km/h—5 points (currently 4 points), |
| (e) | more than 45 km/h—6 points (currently 6 points). |
In the case of the holder of a provisional P1 licence or a provisional P2 licence, the following number of points will now be incurred if the holder exceeds the applicable speed limit by the following amounts:
| (a) | not more than 30 km/h—4 points (currently 4 points in the case of a provisional P1 licence and 3 points in the case of a provisional P2 licence), | |
| (b) | more than 30 but not more than 45 km/h—5 points (currently 4 points), | |
| (c) | more than 45 km/h—6 points (currently 6 points). | |
| Published LW 26 June 2009 | Page 1 | |
| 2009 No 295 | ||
| 2009 No 295 | ||
| Road Transport (Driver Licensing) Amendment (Speeding Offences) Regulation 2009 Explanatory note | ||
| and the points are doubled if the offence occurs during a long weekend. | In each case, an additional point is incurred if the speeding offence occurs in a school zone section 15 and 19 (the general regulation-making power). | |
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| Road Transport (Driver Licensing) Amendment (Speeding Offences) Regulation 2009 | ||
| under the | ||
| Road Transport (Driver Licensing) Act 1998 |
1 Name of Regulation
This Regulation is the Road Transport (Driver Licensing) Amendment
(Speeding Offences) Regulation 2009.
2 Commencement
(1)
Except as provided by subclause (2), this Regulation commences on 1 July 2009 and is required to be published on the NSW legislation website.
(2)
Schedule 1 [2] and [4] commence on the commencement of Schedule 2 [8] to the Road Transport (Driver Licensing) Amendment (Demerit Points System) Act 2008.
| 2009 No 295 | Road Transport (Driver Licensing) Amendment (Speeding Offences) Regulation 2009 |
| Schedule 1 | Amendment of Road Transport (Driver Licensing) Regulation 2008 |
| Schedule 1 | Amendment of Road Transport (Driver Licensing) Regulation 2008 |
[1] Schedule 1 National schedule of demerit point offences
Omit each matter relating to Rule 20 of the Road Rules 2008 from Columns
1–4.Insert instead in Columns 1, 2, 3 and 4 respectively:
Rule 20 (except in a Exceeding speed limit: school zone or where
(a) where the speed limit is 6 12
the applicable speed
limit is specified by exceeded by more than rule 24–1, 24–2, 24–3 45km/h
or 24–4) (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
20km/h but not exceeded by
more than 30km/h(d) where the speed limit is 3 6 exceeded by more than
10km/h but not exceeded by
more than 20km/h (otherwise
than by the holder of a
provisional P1 licence or
provisional P2 licence)(e) where the speed limit is 4 8 exceeded by more than
10km/h but not exceeded by
more than 20km/h (in the case
of the holder of a provisional
P1 licence or provisional P2
licence)(f) where the speed limit is 1 2 exceeded by not more than
10km/h (otherwise than by the
holder of a provisional P1
licence or provisional P2
licence)
| Road Transport (Driver Licensing) Amendment (Speeding Offences) | 2009 No 295 |
| Regulation 2009 | |
| Amendment of Road Transport (Driver Licensing) Regulation 2008 | Schedule 1 |
(g) where the speed limit is 4 8 exceeded by not more than 10km/h (in the case of the holder of a provisional P1 licence or provisional P2 licence)
Rule 20 (in school Exceeding speed limit: zone, except where the
(a) where the speed limit is 7 14 applicable speed limit is specified by rule exceeded by more than 24–1, 24–2, 24–3 or 45km/h
24–4) (b) where the speed limit is 6 12 exceeded by more than
30km/h but not exceeded by
more than 45km/h(c) where the speed limit is 5 10 exceeded by more than
20km/h but not exceeded by
more than 30km/h(d) where the speed limit is 4 8 exceeded by more than
10km/h but not exceeded by
more than 20km/h (otherwise
than by the holder of a
provisional P1 licence or
provisional P2 licence)(e) where the speed limit is 5 10 exceeded by more than
10km/h but not exceeded by
more than 20km/h (in the case
of the holder of a provisional
P1 licence or provisional P2
licence)(f) where the speed limit is 2 4 exceeded by not more than
10km/h (otherwise than by the
holder of a provisional P1
licence or provisional P2
licence)(g) where the speed limit is 5 10 exceeded by not more than 10km/h (in the case of the holder of a provisional P1 licence or provisional P2 licence)
| 2009 No 295 | Road Transport (Driver Licensing) Amendment (Speeding Offences) Regulation 2009 |
| Schedule 1 | Amendment of Road Transport (Driver Licensing) Regulation 2008 |
[2] Schedule 1
Insert “learner licence,” before “provisional P1 licence” wherever occurring in Column 2 in the matter relating to Rule 20 of the Road Rules 2008, being Rule 20 (except in a school zone or where the applicable speed limit is specified by rule 24–1, 24–2, 24–3 or 24–4) and Rule 20 (in school zone, except where the applicable speed limit is specified by rule 24–1, 24–2, 24–3 or 24–4).
[3] Schedule 2 Additional demerit point offences
Omit each matter relating to Rule 20 of the Road Rules 2008 from Columns
1–4.Insert instead in Columns 1, 2, 3 and 4 respectively:
Rule 20 (where the Exceeding speed limit for provisional applicable speed limit driver:
is specified by rule (a) where the speed limit is 6 12
24–1 (2) or (3), except exceeded by more than in a school zone) 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 not more than
30km/h
Rule 20 (in school Exceeding speed limit for provisional zone where the driver: applicable speed limit
(a) where the speed limit is 7 14 is specified by rule exceeded by more than 24–1 (2) or (3)) 45km/h
(b) where the speed limit is 6 12 exceeded by more than
30km/h but not exceeded by
more than 45km/h(c) where the speed limit is 5 10 exceeded by not more than
30km/h
| Road Transport (Driver Licensing) Amendment (Speeding Offences) | 2009 No 295 |
| Regulation 2009 | |
| Amendment of Road Transport (Driver Licensing) Regulation 2008 | Schedule 1 |
Rule 20 (where the Exceeding speed limit on Lord Howe applicable speed limit Island: is specified by rule
(a) where the speed limit is 6 12 24–2) 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
20km/h but not exceeded by
more than 30km/h(d) where the speed limit is 3 6 exceeded by more than
10km/h but not exceeded by
more than 20km/h(e) where the speed limit is 1 2 exceeded by not more than
10km/h
Rule 20 (where the Pass bus at speed in excess of 40km/h: applicable speed limit
(a) where the motor vehicle is 6 12 is specified by rule 24–3) driven at a speed that exceeds
85km/h
(b) where the motor vehicle is 5 10 driven at a speed that exceeds
70km/h but does not exceed
85km/h(c) where the motor vehicle is 4 8 driven at a speed that exceeds
60km/h but does not exceed
70km/h(d) where the motor vehicle is 3 6 driven at a speed that exceeds
50km/h but does not exceed
60km/h (otherwise than by the
holder of a provisional P1
licence or provisional P2
licence)
| 2009 No 295 | Road Transport (Driver Licensing) Amendment (Speeding Offences) Regulation 2009 |
| Schedule 1 | Amendment of Road Transport (Driver Licensing) Regulation 2008 |
(e) where the motor vehicle is 4 8 driven at a speed that exceeds
50km/h but does not exceed
60km/h (in the case of the
holder of a provisional P1
licence or provisional P2
licence)(f) where the motor vehicle is 1 2 driven at a speed that exceeds
40km/h but does not exceed
50km/h (otherwise than by the
holder of a provisional P1
licence or provisional P2
licence)(g) where the motor vehicle is 4 8 driven at a speed that exceeds
40km/h but does not exceed
50km/h (in the case of the
holder of a provisional P1
licence or provisional P2
licence)
[4] Schedule 2
Insert “learner licence,” before “provisional P1 licence” wherever occurring in Column 2 in the matter relating to Rule 20 of the Road Rules 2008, being Rule 20 (where the applicable speed limit is specified by rule 24–3).
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