Road Transport (General) Amendment (School Zones) Regulation 2007 (NSW)

2007 No 213

New South Wales

Road Transport (General) Amendment

(School Zones) 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 to increase the “on the spot” penalties applying to certain offences if they are committed in operating school zones.
This Regulation is made under the Road Transport (General) Act 2005, including sections 10

(the general regulation-making power) and 183.

Published in Gazette No 68 of 18 May 2007, page 2762	Page 1
2007 No 213
Clause 1	Road Transport (General) Amendment (School Zones) Regulation 2007

Road Transport (General) Amendment (School Zones)

Regulation 2007

under the

Road Transport (General) Act 2005

1      Name of Regulation

This Regulation is the Road Transport (General) Amendment (School
Zones) Regulation 2007.

2      Commencement

This Regulation commences on 21 May 2007.

3 Amendment of Road Transport (General) Regulation 2005

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

2007 No 213

Road Transport (General) Amendment (School Zones) Regulation 2007

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Clause 3 Definitions

Insert in alphabetical order in clause 3 (1):

school zone means a school zone (as defined in rule 23 (2) of the Australian Road Rules), but only during any period in which the speed limit indicated by a school zone sign has effect, as referred to in clause 13 of Schedule 1 to the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999.

[2]      Clause 41 Penalty levels

Omit the matter relating to Level 15. Insert instead:

Level 15 means a penalty of $1,750. Level 16 means a penalty of $2,409. Level 17 means a penalty of $2,700.

[3]      Schedule 3 Penalty notice offences

Omit the matter in Columns 1, 2 and 3 under the heading Australian Road
Rules.

Insert instead:

Rule 20:

(a)  in the case of a class A motor vehicle and otherwise than in school zone:

(i)	driven at a speed of not more than 15	Class 1	Level 2
km/h above the speed limit applicable
(ii)	driven at a speed of more than 15 km/h	Class 1	Level 5
but not more than 30 km/h above the speed limit applicable
(iii)	driven at a speed of more than 30 km/h	Class 1	Level 9
but not more than 45 km/h above the speed limit applicable
(iv)	driven at a speed of more than 45 km/h	Class 1	Level 14
above the speed limit applicable

(b)	in the case of a class B motor vehicle and otherwise than in school zone:
(i) driven at a speed of not more than 15 Class 1 Level 5

km/h above the speed limit applicable

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Road Transport (General) Amendment (School Zones) Regulation 2007

Schedule 1 Amendments

(ii)	driven at a speed of more than 15 km/h	Class 1	Level 6
but not more than 30 km/h above the speed limit applicable
(iii)	driven at a speed of more than 30 km/h	Class 1	Level 9
but not more than 45 km/h above the speed limit applicable
(iv)	driven at a speed of more than 45 km/h	Class 1	Level 14
above the speed limit applicable

(c)	in the case of a class C motor vehicle and otherwise than in school zone:
(i) driven at a speed of not more than 15 Class 1 Level 5

km/h above the speed limit applicable

(ii)	driven at a speed of more than 15 km/h	Class 1	Level 6
but not more than 30 km/h above the speed limit applicable
(iii)	driven at a speed of more than 30 km/h	Class 1	Level 11
but not more than 45 km/h above the speed limit applicable
(iv)	driven at a speed of more than 45 km/h	Class 1	Level 16
above the speed limit applicable

Rule 20:

(a)	in the case of a class A motor vehicle and in school zone:
(i) driven at a speed of not more than 15 Class 1 Level 3

km/h above the speed limit applicable

(ii)	driven at a speed of more than 15 km/h	Class 1	Level 6
but not more than 30 km/h above the speed limit applicable
(iii)	driven at a speed of more than 30 km/h	Class 1	Level 10
but not more than 45 km/h above the speed limit applicable
(iv)	driven at a speed of more than 45 km/h	Class 1	Level 15
above the speed limit applicable

(b)	in the case of a class B motor vehicle and in school zone:
(i) driven at a speed of not more than 15 Class 1 Level 6

km/h above the speed limit applicable

(ii)	driven at a speed of more than 15 km/h	Class 1	Level 7
but not more than 30 km/h above the speed limit applicable

2007 No 213

Road Transport (General) Amendment (School Zones) Regulation 2007

Amendments Schedule 1

(iii)	driven at a speed of more than 30 km/h	Class 1	Level 10
but not more than 45 km/h above the speed limit applicable
(iv)	driven at a speed of more than 45 km/h	Class 1	Level 15
above the speed limit applicable

(c)	in the case of a class C motor vehicle and in school zone:
(i) driven at a speed of not more than 15 Class 1 Level 6

km/h above the speed limit applicable

(ii)	driven at a speed of more than 15 km/h	Class 1	Level 7
but not more than 30 km/h above the speed limit applicable
(iii)	driven at a speed of more than 30 km/h	Class 1	Level 12
but not more than 45 km/h above the speed limit applicable
(iv)	driven at a speed of more than 45 km/h	Class 1	Level 17
above the speed limit applicable

Rule 27 (1); Rule 28 (1); Rule 29; Rule 31; Rule 32
(1); Rule 33 (1) and (2); Rule 33 (1) and (3); Rule 88;
Rule 89; Rule 90; Rule 91; Rule 92 (1); Rule 98 (1);

Rule 99; Rule 100:

(a)	in relation to the use of a motor vehicle	Class 1	Level 4
(b)	in relation to the use of any other vehicle	Class 1	Level 1

Rule 37, Rule 39, Rule 40, Rule 41, Rule 42,	Class 1	Level 4
otherwise than in school zone
Rule 37, Rule 39, Rule 40, Rule 41, Rule 42, in school	Class 1	Level 5
zone
Rule 38, Rule 62, Rule 63, Rule 64 (a), Rule 64 (c),	Class 1	Level 5
Rule 65 (2) (a), Rule 65 (2) (b), Rule 67 (1), Rule 68 (1), Rule 69 (1), Rule 70, Rule 71 (1), Rule 101, Rule 288, Rule 289, Rule 290, Rule 297 (2), Rule 299 (1), Rule 300, otherwise than in school zone
Rule 38, Rule 62, Rule 63, Rule 64 (a), Rule 64 (c),	Class 1	Level 6
Rule 65 (2) (a), Rule 65 (2) (b), Rule 67 (1), Rule 68 (1), Rule 69 (1), Rule 70, Rule 71 (1), Rule 101, Rule 288, Rule 289, Rule 290, Rule 297 (2), Rule 299 (1), Rule 300, in school zone
Rule 43; Rule 93 (1); Rule 94; Rule 95 (1); Rule 96	Class 1	Level 4
(1); Rule 97 (1); Rule 111; Rule 115 (1); Rule 116; Rule 125 (1); Rule 128; Rule 143; Rule 155 (1); Rule 156 (1); Rule 295 (1) and (2); Rule 295 (1) and (3)

2007 No 213

Road Transport (General) Amendment (School Zones) Regulation 2007

Schedule 1 Amendments

Rule 46 (1); Rule 46 (4); Rule 48 (1); Rule 48 (4);	Class 1	Level 3
Rule 51; Rule 53; Rule 102 (1); Rule 105; Rule 107; Rule 112; Rule 113; Rule 117; Rule 118 (1); Rule 118 (2); Rule 141 (1); Rule 153 (1); Rule 162 (1); Rule
163 (1); Rule 164 (1); Rule 222 (2); Rule 295 (1), (4) and (5) (a); Rule 295 (1), (4) and (5) (b); Rule 295 (1), (4) and (5) (c)
Rule 56 (1), in relation to the use of a motor vehicle	Class 1	Level 6
otherwise than at toll booth or in school zone
Rule 56 (1), in relation to the use of a motor vehicle in	Class 1	Level 7
school zone
Rule 56 (1), in relation to the use of a motor vehicle at	Class 1	Level 3
toll booth
Rule 56 (1), in relation to the use of a vehicle not	Class 1	Level 1
being a motor vehicle
Rule 56 (2), Rule 80, Rule 81, Rule 82, in relation to	Class 1	Level 6
the use of a motor vehicle otherwise than in school zone
Rule 56 (2), Rule 80, Rule 81, Rule 82, in relation to	Class 1	Level 7
the use of a motor vehicle in school zone
Rule 56 (2), Rule 80, Rule 81, Rule 82, in relation to	Class 1	Level 1
the use of a vehicle not being a motor vehicle
Rule 57, Rule 60, Rule 61, Rule 64 (b), Rule 65 (2)	Class 1	Level 6
(c), Rule 297 (1), otherwise than in school zone
Rule 57, Rule 60, Rule 61, Rule 64 (b), Rule 65 (2)	Class 1	Level 7
(c), Rule 297 (1), in school zone
Rule 59 (1), in relation to the use of a motor vehicle	Class 1	Level 6
otherwise than at toll booth or in school zone
Rule 59 (1), in relation to the use of a motor vehicle in	Class 1	Level 7
school zone
Rule 59 (1), in relation to the use of a motor vehicle at	Class 1	Level 3
toll booth
Rule 59 (1), in relation to the use of a vehicle not	Class 1	Level 1
being a motor vehicle
Rule 66; Rule 78 (1); Rule 78 (2); Rule 79 (1); Rule	Class 1	Level 6
121; Rule 122; Rule 123; Rule 124; Rule 126; Rule 152; Rule 274; Rule 275; Rule 277; Rule 279; Rule 281; Rule 282; Rule 284; Rule 286; Rule 294

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Road Transport (General) Amendment (School Zones) Regulation 2007

Amendments Schedule 1

Rule 72 (1); Rule 73 (1); Rule 74 (1); Rule 75 (1);	Class 1	Level 5
Rule 76 (1); Rule 76 (2); Rule 77 (1); Rule 84 (1) (a); Rule 84 (1) (b); Rule 85; Rule 86 (1); Rule 87; Rule 108 (1); Rule 114; Rule 136; Rule 140; Rule 142 (1); Rule 144; Rule 145; Rule 148; Rule 149; Rule 154 (1); Rule 157 (1); Rule 159 (1); Rule 224; Rule 264 (1); Rule 265 (1); Rule 266 (1); Rule 268; Rule 269 (1); Rule 269 (3); Rule 269 (4); Rule 270 (1) (a); Rule 270 (2); Rule 271 (1) (a); Rule 271 (2) (a); Rule 271 (2) (a) and (3); Rule 271 (4); Rule 271 (5); Rule 287; Rule 298
Rule 83:

(a) in relation to the use of a motor vehicle Class 1 Level 6

(b) in relation to the use of any other vehicle Class 1 Level 1

Rule 103	Class 1, 2, 14 Level 4
Rule 104:

(a)	in relation to any length of road other than the	Class 1, 2, 14 Level 3
length of road referred to in paragraph (b)
(b)	in relation to the length of road between	Class 1, 2, 14 Level 14
Galston and Hornsby Heights that crosses Galston Gorge

Rule 106	Class 1, 2, 14 Level 3
Rule 119; Rule 141 (2); Rule 151; Rule 223; Rule	Class 1 Level 1
228; Rule 229; Rule 230 (1); Rule 231 (1); Rule 232 (1); Rule 232 (3); Rule 232 (4); Rule 233; Rule 234; Rule 235; Rule 236; Rule 237 (1); Rule 238; Rule
239; Rule 240; Rule 241; Rule 242 (1); Rule 243; Rule 244; Rule 245; Rule 246; Rule 247 (1); Rule 248; Rule 249; Rule 250; Rule 251; Rule 252 (1); Rule 253; Rule 254: Rule 255; Rule 256; Rule 257 (1); Rule 258; Rule 259; Rule 260; Rule 261 (1); Rule
262; Rule 301; Rule 302; Rule 303
Rule 127 (1), in relation to a class B or class C motor	Class 1 Level 11
vehicle in a Safe-T-Cam zone
Rule 127 (1), otherwise than in relation to a class B or	Class 1 Level 6
class C motor vehicle in a Safe-T-Cam zone Rule 129 (1); Rule 137 (1); Rule 138 (1):

(a)	in relation to the use of a motor vehicle	Class 1	Level 4
(b)	in relation to the use of any other vehicle	Class 1	Level 1

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Road Transport (General) Amendment (School Zones) Regulation 2007

Schedule 1 Amendments

Rule 130; Rule 131; Rule 132; Rule 135 (1):

(a)	in relation to the use of a motor vehicle	Class 1	Level 5
(b)	in relation to the use of any other vehicle	Class 1	Level 1

Rule 146, in relation to a class B or class C motor	Class 1	Level 11
vehicle in a Safe-T-Cam zone; Rule 147, in relation to a class B or class C motor vehicle in a Safe-T-Cam zone; Rule 150 (1), in relation to a class B or class C motor vehicle in a Safe-T-Cam zone
Rule 146, otherwise than in relation to a class B or	Class 1	Level 4
class C motor vehicle in a Safe-T-Cam zone; Rule 147, otherwise than in relation to a class B or class C motor vehicle in a Safe-T-Cam zone
Rule 150 (1), otherwise than in relation to a class B or	Class 1	Level 4
class C motor vehicle in a Safe-T-Cam zone
Rule 160; Rule 161; Rule 212; Rule 213 (2); Rule	Class 1	Level 2
215; Rule 216; Rule 217 (1); Rule 218; Rule 219; Rule 221; Rule 271 (1) (b); Rule 271 (1) (c); Rule 271 (2) (b); Rule 271 (2) (b) and (3); Rule 272; Rule 296 (2)
Rule 167, in relation to a sign bearing the words “no	Class 1, 12,	Level 4
stopping” and otherwise than in school zone	16
Rule 167, in relation to a sign bearing the words “no	Class 1, 12,	Level 5
stopping” and in school zone	16
Rule 167, in relation to a sign bearing the words “no	Class 1, 12,	Level 2
standing”	16
Rule 168 (1), otherwise than in school zone	Class 1, 12,	Level 2
16
Rule 168 (1), in school zone	Class 1, 12,	Level 3
16
Rule 169; Rule 170; Rule 176 (1); Rule 177 (1); Rule	Class 1, 12,	Level 4
178; Rule 187	16
Rule 171 (1), Rule 172 (1), Rule 173 (1), otherwise	Class 1, 12	Level 5
than in school zone
Rule 171 (1), Rule 172 (1), Rule 173 (1), in school	Class 1, 12	Level 6
zone
Rule 174 (2); Rule 175 (1)	Class 1, 12	Level 5
Rule 179; Rule 180 (1); Rule 181 (1); Rule 190 (1);	Class 1, 12	Level 3
Rule 208 (1) and (2)
Rule 182 (1); Rule 196 (1)	Class 1, 4, 12	Level 3

2007 No 213

Road Transport (General) Amendment (School Zones) Regulation 2007

Amendments Schedule 1

Rule 183 (1), otherwise than in school zone	Class 1, 3, 4,	Level 4
12
Rule 183 (1), in school zone	Class 1, 3, 4,	Level 5
12
Rule 184 (1), in relation to a minibus zone in a	Class 1, 3, 4,	Level 3
clearway, transit lane or bus lane	12
Rule 184 (1), otherwise than in relation to a minibus	Class 1, 3, 4,	Level 2
zone in a clearway, transit lane or bus lane	12
Rule 185 (1); Rule 186 (1)	Class 1, 4, 12	Level 2
Rule 188; Rule 193 (1); Rule 194 (1); Rule 198 (1);	Class 1, 12	Level 2
Rule 199 (1); Rule 200; Rule 201; Rule 202; Rule 205; Rule 208 (1) and (3); Rule 208 (1) and (4); Rule 208 (1) and (5); Rule 208 (1) and (7); Rule 208 (1) and (8); Rule 209 (2); Rule 210 (1); Rule 211
Rule 189, otherwise than in school zone	Class 1, 12	Level 4
Rule 189, in school zone	Class 1, 12	Level 5
Rule 191; Rule 192	Class 1, 12,	Level 3
16
Rule 195 (1), otherwise than in school zone	Class 1, 4, 12	Level 4
Rule 195 (1), in school zone	Class 1, 4, 12	Level 5
Rule 197 (1), Rule 198 (2), otherwise than in school	Class 1, 12	Level 2
zone
Rule 197 (1), Rule 198 (2), in school zone	Class 1, 12	Level 3
Rule 203 (1)	Class 1, 12	Level 7
Rule 208 (1) and (6)	Class 1, 12	Level 4
Rule 220 (1)	Class 1, 2, 12	Level 2
Rule 226; Rule 227	Class 1, 2	Level 2
Rule 270 (1) (a) and (b) (where unhelmeted rider rides	Class 1	Level 8
bike with one unhelmeted passenger only)
Rule 270 (1) (a) and (b) (where unhelmeted rider rides	Class 1	Level 10
bike with 2 unhelmeted passengers)
Rule 270 (1) (a) and (b) (where unhelmeted rider rides	Class 1	Level 12
bike with 3 unhelmeted passengers)
Rule 270 (1) (a) and (b) (where unhelmeted rider rides	Class 1	Level 13
bike with 4 or more unhelmeted passengers)
Rule 270 (1) (b) (where helmeted rider rides bike with	Class 1	Level 5
one unhelmeted passenger only)

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Road Transport (General) Amendment (School Zones) Regulation 2007

Schedule 1 Amendments

Rule 270 (1) (b) (where helmeted rider rides bike with	Class 1	Level 8
2 unhelmeted passengers)
Rule 270 (1) (b) (where helmeted rider rides bike with	Class 1	Level 10
3 unhelmeted passengers)
Rule 270 (1) (b) (where helmeted rider rides bike with	Class 1	Level 12
4 or more unhelmeted passengers)
Rule 291	Class 1, 2	Level 5
Rule 292 (a); Rule 292 (b)	Class 1, 2, 12	Level 6
Rule 292 (c)	Class 1, 2	Level 6
Rule 293 (2)	Class 1, 2, 16	Level 6
Rule 296 (1), otherwise than in school zone	Class 1	Level 3
Rule 296 (1), in school zone	Class 1	Level 4
Rule 304 (1)	Class 1, 16	Level 5

[4]      Schedule 3

Omit the matter relating to clause 38 in Columns 1, 2 and 3 under the heading Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999.

Insert instead:

Clause 38 (1):

(a)  in the case of a class B motor vehicle and otherwise than in school zone:

(i)	driven at a speed of not more than 15	Class 1	Level 5
km/h above the speed limit applicable
(ii)	driven at a speed of more than 15 km/h	Class 1	Level 6
but not more than 30 km/h above the speed limit applicable
(iii)	driven at a speed of more than 30 km/h	Class 1	Level 9
but not more than 45 km/h above the speed limit applicable
(iv)	driven at a speed of more than 45 km/h	Class 1	Level 14
above the speed limit applicable

(b)	in the case of a class C motor vehicle and otherwise than in school zone:
(i) driven at a speed of not more than 15 Class 1 Level 5

km/h above the speed limit applicable

2007 No 213

Road Transport (General) Amendment (School Zones) Regulation 2007

Amendments Schedule 1

(ii)	driven at a speed of more than 15 km/h	Class 1	Level 6
but not more than 30 km/h above the speed limit applicable
(iii)	driven at a speed of more than 30 km/h	Class 1	Level 11
but not more than 45 km/h above the speed limit applicable
(iv)	driven at a speed of more than 45 km/h	Class 1	Level 16
above the speed limit applicable

Clause 38 (1):

(a)	in the case of a class B motor vehicle and in school zone:
(i) driven at a speed of not more than 15 Class 1 Level 6

km/h above the speed limit applicable

(ii)	driven at a speed of more than 15 km/h	Class 1	Level 7
but not more than 30 km/h above the speed limit applicable
(iii)	driven at a speed of more than 30 km/h	Class 1	Level 10
but not more than 45 km/h above the speed limit applicable
(iv)	driven at a speed of more than 45 km/h	Class 1	Level 15
above the speed limit applicable

(b)	in the case of a class C motor vehicle and in school zone:
(i) driven at a speed of not more than 15 Class 1 Level 6

km/h above the speed limit applicable

(ii)	driven at a speed of more than 15 km/h	Class 1	Level 7
but not more than 30 km/h above the speed limit applicable
(iii)	driven at a speed of more than 30 km/h	Class 1	Level 12
but not more than 45 km/h above the speed limit applicable
(iv)	driven at a speed of more than 45 km/h	Class 1	Level 17
above the speed limit applicable

Clause 38 (4), Clause 38 (5), Clause 38 (6), otherwise than in school zone:

(a)	in the case of a vehicle driven at a speed of not	Class 1	Level 2
more than 15 km/h above the speed limit applicable

2007 No 213	Road Transport (General) Amendment (School Zones) Regulation 2007
Schedule 1	Amendments

(b)	in the case of a vehicle driven at a speed of	Class 1	Level 5
more than 15 km/h but not more than 30 km/h above the speed limit applicable
(c)	in the case of a vehicle driven at a speed of	Class 1	Level 9
more than 30 km/h but not more than 45 km/h above the speed limit applicable
(d)	in the case of a vehicle driven at a speed of	Class 1	Level 14
more than 45 km/h above the speed limit applicable

Clause 38 (4), Clause 38 (5), Clause 38 (6), in school zone:

(a)	in the case of a vehicle driven at a speed of not	Class 1	Level 3
more than 15 km/h above the speed limit applicable
(b)	in the case of a vehicle driven at a speed of	Class 1	Level 6
more than 15 km/h but not more than 30 km/h above the speed limit applicable
(c)	in the case of a vehicle driven at a speed of	Class 1	Level 10
more than 30 km/h but not more than 45 km/h above the speed limit applicable
(d)	in the case of a vehicle driven at a speed of	Class 1	Level 15
more than 45 km/h above the speed limit applicable

[5]      Schedule 3

Omit “Level 15” in Column 3 of the matter relating to clause 40 (1) under the heading Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999.

Insert instead “Level 16”.

BY AUTHORITY