Road Transport (General) Amendment (Driver Licensing) Regulation 2008 (NSW)
2008 No 398
New South Wales
Road Transport (General) Amendment
(Driver Licensing) Regulation 2008
under the
Road Transport (General) Act 2005
His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Road Transport (General) Act 2005.
ERIC ROOZENDAAL, M.L.C.,
Minister for Roads
Explanatory note
The object of this Regulation is to amend the Road Transport (General) Regulation 2005 as a consequence of the repeal of the Road Transport (Driver Licensing) Regulation 1999 and its replacement by the Road Transport (Driver Licensing) Regulation 2008.
This Regulation is made under the Road Transport (General) Act 2005, including sections 10
(the general regulation-making power), 183, 239 (3) and 242 (1) and (2).
| Published in Gazette No 106 of 29 August 2008, page 8827 | Page 1 |
| 2008 No 398 | |
| Clause 1 | Road Transport (General) Amendment (Driver Licensing) Regulation 2008 |
Road Transport (General) Amendment (Driver
Licensing) Regulation 2008
under the
Road Transport (General) Act 2005
1 Name of Regulation
This Regulation is the Road Transport (General) Amendment (Driver
Licensing) Regulation 2008.
2 Commencement
This Regulation commences on 1 September 2008.
3 Amendment of Road Transport (General) Regulation 2005
The Road Transport (General) Regulation 2005 is amended as set out in Schedule 1.
2008 No 398
Road Transport (General) Amendment (Driver Licensing) Regulation 2008
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clause 6 Service of notices on persons under Road Transport (Driver Licensing) Act 1998
Insert after clause 6 (5):
(5A) A notice given for the purposes of clause 58 of the Road Transport (Driver Licensing) Regulation 2008 may only be given personally. [2] Clauses 11, definition of “foreign driver licence”, 18 (1) (a), (b), (d) and (e), (2) and (3), 20 (2) and (4) and 25 (2)
Omit “Road Transport (Driver Licensing) Regulation 1999” wherever occurring.
Insert instead “Road Transport (Driver Licensing) Regulation 2008”.
[3] Clause 18 (1) (a)
Omit “clause 8 (3)”. Insert instead “clause 41 (3)”.
[4] Clause 18 (1) (b)
Omit “clause 18 (2) (d)”. Insert instead “clause 46 (2) (d)”.
[5] Clause 18 (1) (d)
Omit “clause 19 or 38”. Insert instead “clause 47 or 55”.
[6] Clause 18 (1) (e)
Omit “clause 15, 15A or 38”. Insert instead “clause 24, 29 or 55”.
[7] Clause 18 (3)
Omit “clause 55 (2) (e) or (f)”. Insert instead “99 (4) (f) or (g)”.
[8] Clause 20 (2)
Omit “clause 38 (1A)”. Insert instead “clause 55 (2)”.
[9] Clause 25 (2)
Omit “Part 7 (Interlock devices)”.
Insert instead “Part 10 (Interlock driver licences and devices)”.
2008 No 398
Road Transport (General) Amendment (Driver Licensing) Regulation 2008
| Schedule 1 | Amendments |
[10] Clause 52 Transitional provisions
Insert at the end of the clause:
(2) Clause 18, as in force before it was amended by the Road Transport (General) Amendment (Driver Licensing) Regulation 2008, continues to apply in respect of a decision made under the Road Transport (Driver Licensing) Regulation 1999 before the repeal of that Regulation.
[11] Schedule 3 Penalty notice offences
Omit the matter relating to the Road Transport (Driver Licensing) Regulation
1999.Insert instead: Road Transport (Driver Licensing) Regulation 2008
Column 1 Column 2 Column 3 Provision Authorised Penalty officer
Clause 9 (3); Clause 9 (4) Class 1, 2 Level 2 Clause 15 (1) (a) Class 1 Level 9 Clause 15 (1) (b); Clause 17 (1) (a); Clause 17 (1) (b); Class 1 Level 4 Clause 18 (a); Clause 18 (b); Clause 23 (a); Clause
23 (b)Clause 17 (2) Class 1 Level 7 Clause 16 (a); Clause 16 (b); Clause 19; Clause 35 (6); Class 1 Level 2 Clause 35 (8); Clause 99 (7); Clause 117 (1) (a);
Clause 117 (1) (b)Clause 35 (7) Class 1 Level 5 Clause 114 (1) (where the licence concerned is a provisional P1 licence of class R and the holder of the licence drives a motor cycle with engine capacity greater than 260 ml or a power to weight ratio greater than 150 kilowatts per tonne but otherwise than in relation to a condition relating to a 90 km/h speed limit):
(a) for the first offence, or the first offence within Class 1 Level 7 the last 5 years (b) for the second or subsequent offence within the Class 1 Level 9 last 5 years
2008 No 398
Road Transport (General) Amendment (Driver Licensing) Regulation 2008
| Amendments | Schedule 1 |
Road Transport (Driver Licensing) Regulation 2008
Column 1 Column 2 Column 3 Provision Authorised Penalty officer Clause 114 (1) (otherwise than where the licence concerned is an interlock driver licence or where the licence is a provisional P1 licence of class R and the holder of the licence drives a motor cycle with engine capacity greater than 260 ml or a power to weight ratio greater than 150 kilowatts per tonne and otherwise than in relation to a condition relating to a 90 km/h speed limit):
(a) in relation to licence conditions generally Class 1 Level 4 (b) in relation to P plates for holders of P1 licences Class 1 Level 4 of class C (c) in relation to P plates for holders of P1 licences Class 1 Level 4 of class R (d) in relation to P plates for holders of P2 licences Class 1 Level 4 (e) in relation to a condition imposed by clause 32, Class 1 Level 7 33 or 34
Clause 114 (1), in relation to a condition relating to a Class 1 Level 4 90 km/h speed limit Clause 115; Clause 116; Clause 118 (2) Class 1, 2 Level 2
BY AUTHORITY
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