Road Transport (General) Act 1999 Road Transport (General) (Short Descriptions and Penalty Notice Offences) Amendment (Driver and Passenger Safety) Regulation 2001 (2001-366) [GG No 93 of 1.6.2001, p 3007] (NSW)

Case
No judgment structure available for this case.

2001 No 366

Road Transport (General) (ShortNew South Wales

Descriptions and Penalty Notice
Offences) Amendment (Driver and

Passenger Safety) Regulation 2001

under the

Road Transport (General) Act 1999

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Road Transport (General) Act 1999.

CARL SCULLY, M.P.,

Minister for Roads

Explanatory note
The objects of this Regulation are as follows:

(a) to increase, from $115 to $220, the amount of the penalty for certain offences when dealt with by way of a penalty notice under section 15 of the Road Transport (General) Act 1999 (the offences concerned are mainly under the Australian Road Rules, and generally relate to the wearing of seatbelts by drivers and passengers, the wearing of motor bike helmets by riders and passengers and the fitting of child restraints),
(b) to provide for an increased penalty in those cases where a number of passengers are conveyed by the driver of a motor vehicle, or by the rider of a motor bike, and the relevant passenger safety requirements are not being complied with.

This Regulation is made under the Road Transport (General) Act 1999, including sections 15 and 71 (the general regulation-making power).

Published in Gazette No 93 of 1 June 2001, page 3007 Page 1
[8]
2001 No 366
Clause 1 Road Transport (General) (Short Descriptions and Penalty Notice
Offences) Amendment (Driver and Passenger Safety) Regulation 2001

Road Transport (General) (Short Descriptions and
Penalty Notice Offences) Amendment (Driver and
Passenger Safety) Regulation 2001

1     Name of Regulation

This Regulation is the Road Transport (General) (Short Descriptions and Penalty Notice Offences) Amendment (Driver and Passenger Safety) Regulation 2001.

2 Commencement

This Regulation commences on 8 June 2001.

3 Amendment of Road Transport (General) (Short Descriptions and

Penalty Notice Offences) Regulation 1999

The Road Transport (General) (Short Descriptions and Penalty Notice

Offences) Regulation 1999 is amended as set out in Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

2001 No 366

Road Transport (General) (Short Descriptions and Penalty Notice

Offences) Amendment (Driver and Passenger Safety) Regulation 2001

Amendments Schedule 1
Schedule 1 Amendments

(Clause 3)

[1]     Schedule 2 Penalty notice offences

Omit the matter relating to rules 264, 265 and 266 of the Australian Road
Rules.
Insert instead:
Rule 264  3164 driver not wearing seatbelt 1 220
Rule 265 3165 passenger 16 yrs or older not in seat with 1 220
(1) and (2)seatbelt
Rule 265 3166 passenger 16 yrs or older not wearing 1 220
(1) and (3)seatbelt
Rule 265 3167 passenger 16 yrs or older in front seat 1 220
(1) and (4)when not permitted
Rule 266 3168 drive with passenger under 1 yr not in 1 220
(1) and (2)restraint
Rule 266 3169 drive with passenger (over 1 yr but under 1 220
(1) and (3)16 yrs) not restrained
Rule 266 3170 drive with passenger (under 16 yrs) in 1 220
(1) and (4) front seat not restrained

2001 No 366

Road Transport (General) (Short Descriptions and Penalty Notice

Offences) Amendment (Driver and Passenger Safety) Regulation 2001

Schedule 1 Amendments

[2]     Schedule 2

Omit the matter relating to rule 270 of the Australian Road Rules.
Insert instead:
Rule 270 (1) (a)  3178 ride motor bike with no 1 220

helmet (rider alone)

Rule 270 (1) (b) 1421 ride motor bike with one 1 220
(where helmeted rider rides unhelmeted passenger
bike with one unhelmeted
passenger only)
Rule 270 (1) (b) 1422 ride motor bike with 2 1 440
(where helmeted rider rides unhelmeted passengers
bike with 2 unhelmeted
passengers)
Rule 270 (1) (b) 1424 ride motor bike with 3 1 660
(where helmeted rider rides unhelmeted passengers
bike with 3 unhelmeted
passengers)
Rule 270 (1) (b) 1426 ride motor bike with 4 or 1 880
(where helmeted rider rides more unhelmeted passengers
bike with 4 or more
unhelmeted passengers)
Rule 270 (1) (a) and (b) 1427 ride motor bike with one 1 440
(where unhelmeted rider unhelmeted passenger (rider
rides bike with one not helmeted)
unhelmeted passenger only)
Rule 270 (1) (a) and (b) 1428 ride motor bike with 2 1 660
(where unhelmeted rider unhelmeted passengers (rider
rides bike with 2 unhelmeted not helmeted)
passengers)
Rule 270 (1) (a) and (b) 1429 ride motor bike with 3 1 880
(where unhelmeted rider unhelmeted passengers (rider
rides bike with 3 unhelmeted not helmeted)
passengers)

2001 No 366

Road Transport (General) (Short Descriptions and Penalty Notice

Offences) Amendment (Driver and Passenger Safety) Regulation 2001

Amendments Schedule 1
Rule 270 (1) (a) and (b) 1430 ride motor bike with 4 or 1 1,100
(where unhelmeted rider more unhelmeted passengers
rides bike with 4 or more (rider not helmeted)
unhelmeted passengers)
Rule 270 (2) 3180 motor bike passenger not 1 220

wearing helmet

[3]     Schedule 2

Omit the matter relating to clause 46 (1) of the Road Transport (Safety and
Traffic Management) (Road Rules) Regulation 1999.
Insert instead:
Clause 46 (1)  2057 front seat child restraint where airbag fitted 1 220

[4]     Schedule 2

Insert after the matter relating to clause 47A of the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999:

Clause 47B 1431 drive with one unrestrained 1 220
(where driver wearing passenger

seatbelt drives with one unrestrained passenger only)

Clause 47B 1432 drive with 2 unrestrained 1 440
(where driver wearing passengers
seatbelt drives with 2
unrestrained passengers)
Clause 47B 1433 drive with 3 unrestrained 1 660
(where driver wearing passengers
seatbelt drives with 3
unrestrained passengers)
Clause 47B 1434 drive with 4 or more 1 880
(where driver wearing unrestrained passengers

seatbelt drives with 4 or m o r e u n r e s t r a i n e d passengers)

2001 No 366

Road Transport (General) (Short Descriptions and Penalty Notice

Offences) Amendment (Driver and Passenger Safety) Regulation 2001

Schedule 1 Amendments
Clause 47B 1435 drive with one unrestrained 1 440
(where driver not wearing passenger (driver not wearing
seatbelt drives with one seatbelt)
unrestrained passenger only)
Clause 47B 1436 drive with 2 unrestrained 1 660
(where driver not wearing passengers (driver not wearing
seatbel t dr ives wi th seatbelt)

2 unrestrained passengers)

Clause 47B 1437 drive with 3 unrestrained 1 880
(where driver not wearing passengers (driver not wearing
seatbel t dr ives wi th seatbelt)

3 unrestrained passengers)

Clause 47B 1440 drive with 4 or more 1 1,110
(where driver not wearing unrestrained passengers (driver
seatbelt drives with 4 or not wearing seatbelt)
m o r e u n r e s t r a i n e d

passengers)

BY AUTHORITY