Road Transport (General) Amendment (Penalty Notices relating to Mass Requirements) Regulation 2006 (NSW)

2006 No 228

New South Wales

Road Transport (General) Amendment

(Penalty Notices relating to Mass

Requirements) Regulation 2006

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 provide for offences under section 28 of the Road Transport (General) Act 2005 (the Act) (which imposes mass limitations on certain roads and bridges) to be dealt with by penalty notice. Section 28 provides for the maximum laden mass to be specified by means of a notice. This Regulation provides for the penalty for offences dealt with by penalty notice to depend on the amount by which the laden mass of the vehicle exceeds the maximum specified.
This Regulation also omits a redundant clause. (The clause to be omitted prescribes a regulation as being within the meaning of the term applicable road law in the Act. However, the Act has been amended so that the Act itself provides that that regulation is within the meaning of the term.)

This Regulation is made under the Road Transport (General) Act 2005, including sections 10 (the general regulation-making power) and 183 (which provides for the issue of penalty notices).

Published in Gazette No 61 of 5 May 2006, page 2690	Page 1
2006 No 228	Road Transport (General) Amendment (Penalty Notices relating to Mass
Clause 1	Requirements) Regulation 2006

Road Transport (General) Amendment (Penalty Notices relating to Mass Requirements) Regulation 2006

under the

Road Transport (General) Act 2005

1      Name of Regulation

This Regulation is the Road Transport (General) Amendment (Penalty
Notices relating to Mass Requirements) Regulation 2006.

2 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 Notices relating to Mass	2006 No 228
Requirements) Regulation 2006
Amendments	Schedule 1
Schedule 1	Amendments

(Clause 2)

[1]      Clause 43 Applicable road laws

Omit the clause.

[2]      Schedule 3 Penalty notice offences

Insert in appropriate order by section number in Columns 1, 2 and 3 under the matter relating to the Road Transport (General) Act 2005:

Section 28 if the offence arises because the laden mass of the vehicle exceeds the maximum specified by means of a notice displayed in accordance with section 28:

(a)	by not more than 1 tonne	Class 1, 2, 12, 14	Level 5
(b)	by more than 1 tonne but not more	Class 1, 2, 12, 14	Level 8
than 2 tonnes
(c)	by more than 2 tonnes but not more	Class 1, 2, 12, 14	Level 10
than 3 tonnes
(d)	by more than 3 tonnes but not more	Class 1, 2, 12, 14	Level 11
than 4 tonnes

BY AUTHORITY