Road Transport (General) Amendment (Over-height Vehicle Offences) Regulation 2010 (NSW)

2010 No 398

New South Wales

Road Transport (General) Amendment

(Over-height Vehicle Offences)

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 object of this Regulation is to increase the penalty level for penalty notice offences relating to rule 102 of the Road Rules 2008 (which provides that a driver must not drive past a clearance sign, or low clearance sign, if the driver’s vehicle is higher than the height indicated by the sign) from Level 3 to Level 14 if the offence is committed in circumstances in which the driver drives through or under (or attempts to drive through or under) a tunnel, bridge or other structure to which the sign relates.
This Regulation is made under the Road Transport (General) Act 2005, including sections 10

(the general regulation-making power) and 183 (Penalty notices for certain offences).

Published LW 30 July 2010	Page 1
2010 No 398	Road Transport (General) Amendment (Over-height Vehicle Offences)
Clause 1	Regulation 2010

Road Transport (General) Amendment (Over-height

Vehicle Offences) Regulation 2010

under the

Road Transport (General) Act 2005

1      Name of Regulation

This Regulation is the Road Transport (General) Amendment
(Over-height Vehicle Offences) Regulation 2010.

2      Commencement

This Regulation commences on 1 August 2010 and is required to be published on the NSW legislation website.

3 Amendment of Road Transport (General) Regulation 2005

(1) Schedule 3 Penalty notice offences

Omit “Rule 102 (1);” from Column 1 of the matter relating to the Road

Rules 2008.

(2)	Schedule 3
Insert before the matter relating to Rule 103 of the Road Rules 2008, in Columns 1, 2 and 3, respectively:
Rule 102:
(a) in relation to a driver who drives through or under Class 1 Level 14

(or attempts to drive through or under) a tunnel, bridge or other structure to which a clearance sign or low clearance sign relates

(b) in relation to any other driver Class 1 Level 3