Road Transport (General) Amendment (Declared Organisations) Regulation 2010 (NSW)

2010 No 602

New South Wales

Road Transport (General) Amendment

(Declared Organisations) Regulation

2010

under the

Road Transport (General) Act 2005

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Road Transport (General) Act 2005.

DAVID BORGER, MP

Minister for Roads

Explanatory note
The objects of this Regulation are:

(a)	to amend the definition of declared organisation as a consequence of the amendment of a corresponding definition in the Road Transport (Safety and Traffic Management) Regulation 1999 by the Road Transport (Safety and Traffic Management) Amendment (Declared Organisations) Regulation 2010, and
(b)	to allow declared organisations to engage contractors to assist the organisations in the enforcement of parking schemes in their area of operations, and
(c)	to allow class 15 officers (persons employed by, or under the control and direction of, a declared organisation as enforcement officers) to issue penalty notices to drivers for parking a car in contravention of rule 203 (Stopping in parking area for people with disabilities) of the Road Rules 2008, and
(d)	to allow authorised officers (other than class 3 or 4 officers) to issue penalty notices in respect of certain offences relating to mobility parking scheme authorities.

This Regulation is made under the Road Transport (General) Act 2005, including sections 3 (1) (the definition of authorised officer) and 10 (the general regulation-making power).

Published LW 22 October 2010	Page 1
2010 No 602	Road Transport (General) Amendment (Declared Organisations)
Clause 1	Regulation 2010

Road Transport (General) Amendment (Declared

Organisations) Regulation 2010

under the

Road Transport (General) Act 2005

1      Name of Regulation

This Regulation is the Road Transport (General) Amendment
(Declared Organisations) Regulation 2010.

2      Commencement

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

Road Transport (General) Amendment (Declared Organisations)	2010 No 602
Regulation 2010
Amendment of Road Transport (General) Regulation 2005	Schedule 1
Schedule 1	Amendment of Road Transport (General) Regulation 2005

[1]      Clause 168 Definitions

Omit “an organisation” from the definition of declared organisation in clause 168 (1).

Insert instead “a body constituted by or under an Act or a Government
Department”.

[2]      Schedule 2 Authorised officers

Omit the definition of Class 15 officer. Insert instead:

Class 15 officer means a person:

(a)	who is employed by a declared organisation as an enforcement officer, or
(b)	who is subject to the control and direction of a declared organisation as an enforcement officer.

[3]      Schedule 3 Penalty notice offences

Insert “, 15” after “Class 1, 12” in Column 2 of the matter relating to rule 203 (1) of the Road Rules 2008.

[4]      Schedule 3

Omit “, 12” from Column 2 of the matter relating to clauses 126K, 126L, 126M, 126N (2), 126O (3) and 126P (6) of the Road Transport (Safety and Traffic Management) Regulation 1999.

Insert instead “, 2, 6, 7, 8, 9, 10, 12, 14, 15, 16”.