Road Transport (General) Amendment (Penalty Levels and Fees) Regulation 2007 (NSW)

2007 No 302

New South Wales

Road Transport (General) Amendment

(Penalty Levels and Fees) Regulation

2007

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.

ERIC ROOZENDAAL, M.L.C.,

Minister for Roads

Explanatory note
The object of this Regulation is to amend the Road Transport (General) Regulation 2005:

(a)

to increase certain penalty levels for penalties for motor vehicle offences that are dealt with by way of penalty notices, and

(b)

to increase fees for access to information:

(i)	contained in the database of declarations and orders maintained under section 18 (3) of the Road Transport (General) Act 2005 (the Act), and
(ii)	from the records of the Roads and Traffic Authority (including certificates and other documents issued under section 230 of the Act).

(c)

to increase the daily fee for the storage of an impounded motor vehicle under section 223 (2) (a) of the Act.

The penalty level and fee increases are in line with movements in the Consumer Price Index. 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 in Gazette No 83 of 29 June 2007, page 4126	Page 1
2007 No 302	Road Transport (General) Amendment (Penalty Levels and Fees)
Clause 1	Regulation 2007

Road Transport (General) Amendment (Penalty Levels and Fees) Regulation 2007

under the

Road Transport (General) Act 2005

1      Name of Regulation

This Regulation is the Road Transport (General) Amendment (Penalty
Levels and Fees) Regulation 2007.

2      Commencement

This Regulation commences on 1 July 2007.

3 Amendment of Road Transport (General) Regulation 2005

The Road Transport (General) Regulation 2005 is amended as set out in Schedule 1.

Road Transport (General) Amendment (Penalty Levels and Fees)	2007 No 302
Regulation 2007
Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Clause 41

Omit the clause. Insert instead:

41 Penalty levels

For the purposes of this Regulation, penalty amounts are
expressed in terms of the following levels:
Level 1 means a penalty of $53.
Level 2 means a penalty of $79.
Level 3 means a penalty of $132.
Level 4 means a penalty of $185.
Level 5 means a penalty of $238.
Level 6 means a penalty of $318.
Level 7 means a penalty of $397.
Level 8 means a penalty of $477.
Level 9 means a penalty of $609.
Level 10 means a penalty of $768.
Level 11 means a penalty of $954.
Level 12 means a penalty of $1,007.
Level 13 means a penalty of $1,245.
Level 14 means a penalty of $1,642.
Level 15 means a penalty of $1,750.
Level 16 means a penalty of $2,490.
Level 17 means a penalty of $2,700.

2007 No 302	Road Transport (General) Amendment (Penalty Levels and Fees) Regulation 2007
Schedule 1	Amendments

[2]      Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Fees

(Clauses 5, 36 and 47)

Fee category	Provision	Amount payable
prescribing fee	($)

1	Access to information contained in	clause 5 (1)	18
database of declarations and orders maintained under section 18 (3) of the Act
2	Daily storage fee for motor vehicle	clause 36	17
under section 223 (2) (a) of the Act
3	Information from records of the	clause 47	18
Authority (including certificates and other documents issued under section 230 of the Act)

BY AUTHORITY