Road Transport (General) Amendment (Miscellaneous) Regulation 2009 (NSW)

2009 No 506

New South Wales

Road Transport (General) Amendment

(Miscellaneous) Regulation 2009

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 CAMPBELL, MP

Minister for Transport

Explanatory note
The object of this Regulation is to prescribe certain offences under the Road Transport (General) Regulation 2005 as fatigue-related offences for the purposes of section 154A of the Road Transport (General) Act 2005. Under that section, an authorised officer may issue a direction to a driver whom the officer believes on reasonable grounds to have committed a fatigue-related offence where the driver is impaired by fatigue or there is a risk that the driver may be impaired by fatigue.
The Regulation also makes two law revision amendments.
This Regulation is made under the Road Transport (General) Act 2005, including sections 10
(the general regulation-making power), 11B (Regulations relating to fatigue management),
11C (Regulations relating to speeding compliance), and 154A (Directions relating to driver

fatigue) of that Act.

Published LW 16 October 2009	Page 1
2009 No 506
Clause 1	Road Transport (General) Amendment (Miscellaneous) Regulation 2009

Road Transport (General) Amendment (Miscellaneous)

Regulation 2009

under the

Road Transport (General) Act 2005

1      Name of Regulation

This Regulation is the Road Transport (General) Amendment
(Miscellaneous) Regulation 2009.

2      Commencement

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

2009 No 506

Road Transport (General) Amendment (Miscellaneous) Regulation 2009

Amendment of Road Transport (General) Regulation 2005	Schedule 1
Schedule 1	Amendment of Road Transport (General) Regulation 2005

[1]      Clause 39 Definitions

Omit “(Division P)” from paragraph (k) of the definition of prescribed business.

Insert instead “(Division R)”.

[2]      Clause 142A

Insert after clause 142:

142A Fatigue-related offences: section 154A (4)

For the purposes of section 154A of the Act, each offence created by the following provisions of this Regulation are prescribed as fatigue-related offences:

(a)	clause 45,
(b)	Division 3 of this Part.

[3]      Clause 152 Definitions

Omit “(Division P)” from paragraph (k) of the definition of prescribed business.

Insert instead “(Division R)”.