Road Transport (General) Amendment Regulation 2008 (NSW)

2008 No 432

New South Wales

Road Transport (General) Amendment

Regulation 2008

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.

MICHAEL DALEY, M.P.,

Minister for Roads

Explanatory note
The object of this Regulation is to amend the Road Transport (General) Regulation 2005 to provide for the charging of fees with respect to the clamping of vehicles and to make certain amendments that are necessary as a consequence of the commencement of certain amendments made to the Road Transport (General) Act 2005 by the Road Transport Legislation Amendment (Car Hoons) Act 2008.

This Regulation is made under the Road Transport (General) Act 2005, including sections 219F (1) and (2) and 223 and section 10 (the general regulation-making power).

Published in Gazette No 123 of 26 September 2008, page 9557	Page 1
2008 No 432
Clause 1	Road Transport (General) Amendment Regulation 2008

Road Transport (General) Amendment Regulation 2008

under the

Road Transport (General) Act 2005

1      Name of Regulation

This Regulation is the Road Transport (General) Amendment
Regulation 2008.

2      Commencement

This Regulation commences on 26 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 432

Road Transport (General) Amendment Regulation 2008

Amendments	Schedule 1
Schedule 1	Amendments

(clause 3)

[1]      Part 5, heading

Omit the heading. Insert instead:

Part 5 Impounded and clamped vehicles

[2]      Clause 36 Impounding fee

Omit “section 223 (2) (a)”. Insert instead “section 223 (2)”.

[3]      Clause 38A

Insert after clause 38:

38A Fees with respect to clamping of vehicles

For the purposes of section 219F (1) and (2) of the Act, the fee payable with respect to the clamping of a vehicle under section 219 or 219A, respectively, of the Act is to be determined by adding together the various components (as applicable) set out in items 4–7 of Schedule 1 in relation to that fee.

[4]      Schedule 1 Fees

Omit “36 and 47”. Insert instead “36, 38A and 47”.

[5]      Schedule 1 Fees

Omit “section 223 (2) (a)” from item 2. Insert instead “section 223 (2)”.

[6]      Schedule 1

Insert after item 3:

4 For travelling to a place (the call out place) to clause 38A

collect a vehicle and transport it to the place

where it is to be clamped (the clamping place):

(a)	for transportation to a clamping place	234
within 10 kilometres of the call out place, and
(b)	in addition for each kilometre in excess of	5.68
10 kilometres that the vehicle is transported

5 For clamping the vehicle clause 38A 264

2008 No 432

Road Transport (General) Amendment Regulation 2008

Schedule 1 Amendments

6	For removing clamps from a vehicle clamped at	clause 38A 132
the home address of a driver or registered operator

In addition to
any amount
specified in item
4 or 5, the fee is
to include a
surcharge of
20% for action
taken by a
clamping agent
outside the usual
business
operating hours
of the clamping

agent

7	For each day that a clamped vehicle is stored at a	clause 38A 17.60
place under the control of or used for the purposes of clamping vehicles by a clamping agent

BY AUTHORITY