Road Transport (General) Amendment (Speeding Offences) Regulation 2009 (NSW)

2009 No 296

New South Wales

Road Transport (General) Amendment

(Speeding Offences) Regulation 2009

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, MP

Minister for Roads

Explanatory note
The level of penalty incurred by way of a penalty notice issued in respect of a speeding offence increases depending on by how much the applicable speed limit is exceeded. Currently, the level of penalty increases at 15, 30 and 45 kilometres per hour (km/h) over the speed limit.
The object of this Regulation is to provide for penalty increases at 10, 20, 30 and 45 km/h over the applicable speed limit. The following penalty levels will now apply if the driver of a class A motor vehicle (a vehicle of less than 4.5 tonnes) exceeds the applicable speed limit by the following amounts:

(a)	not more than 10 km/h—penalty level 2 ($81) (currently penalty level 2),
(b)	more than 10 km/h but not more than 20 km/h—penalty level 4 ($189) (currently penalty level 2 if more than 10 km/h but not more than 15 km/h and penalty level 5 ($243) if more than 15 km/h but not more than 20 km/h),
(c)	more than 20 km/h but not more than 30 km/h—penalty level 6 ($324) (currently penalty level 5).

The following penalty levels will now apply if the driver of a class B motor vehicle (a vehicle over 4.5 tonnes but less than 12 tonnes) or a class C motor vehicle (a vehicle over 12 tonnes) exceeds the applicable speed limit by the following amounts:

(a)	not more than 10 km/h—penalty level 5 ($243) (currently penalty level 5),
(b)	more than 10 km/h but not more than 20 km/h—penalty level 6 ($324) (currently penalty level 5 if more than 10 km/h but not more than 15 km/h and penalty level 6 if more than 15 km/h but not more than 20 km/h),
Published LW 26 June 2009	Page 1
2009 No 296
2009 No 296
Road Transport (General) Amendment (Speeding Offences) Regulation 2009 Explanatory note
(c)	more than 20 km/h but not more than 30 km/h—penalty level 7 ($405) (currently penalty level 6).

In each case, the penalty is increased by one penalty level if the speeding offence occurs in a
school zone.
This Regulation does not change penalty levels in respect of an offence of exceeding the
applicable speed limit by more than 30 or 45 km/h.
This Regulation is made under the Road Transport (General) Act 2005, including sections 10
(the general regulation-making power) and 183.

Road Transport (General) Amendment (Speeding Offences) Regulation 2009 No 296

2009   Clause 1

Road Transport (General) Amendment (Speeding

Offences) Regulation 2009

under the

Road Transport (General) Act 2005

1      Name of Regulation

This Regulation is the Road Transport (General) Amendment (Speeding
Offences) Regulation 2009.

2      Commencement

This Regulation commences on 1 July 2009 and is required to be published on the NSW legislation website.

2009 No 296	Road Transport (General) Amendment (Speeding Offences) Regulation 2009
Schedule 1	Amendment of Road Transport (General) Regulation 2005
Schedule 1	Amendment of Road Transport (General) Regulation 2005

Schedule 3 Penalty notice offences

Omit each matter relating to Rule 20 of the Road Rules 2008 from Columns

1–3.

Insert instead in Columns 1, 2 and 3 respectively:

Rule 20 (except where the applicable speed limit is specified by rule 24–2, 24–3 or 24–4):

(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 10 km/h Class 1 Level 2

above the speed limit applicable

(ii)	driven at a speed of more than 10 km/h but	Class 1	Level 4
not more than 20 km/h above the speed limit applicable
(iii)	driven at a speed of more than 20 km/h but	Class 1	Level 6
not more than 30 km/h above the speed limit applicable
(iv)	driven at a speed of more than 30 km/h but	Class 1	Level 9
not more than 45 km/h above the speed limit applicable
(v)	driven at a speed of more than 45 km/h above	Class 1	Level 14
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 10 km/h Class 1 Level 5

above the speed limit applicable

(ii)	driven at a speed of more than 10 km/h but	Class 1	Level 6
not more than 20 km/h above the speed limit applicable
(iii)	driven at a speed of more than 20 km/h but	Class 1	Level 7
not more than 30 km/h above the speed limit applicable
(iv)	driven at a speed of more than 30 km/h but	Class 1	Level 9
not more than 45 km/h above the speed limit applicable
(v)	driven at a speed of more than 45 km/h above	Class 1	Level 14
the speed limit applicable

Road Transport (General) Amendment (Speeding Offences) Regulation	2009 No 296
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Amendment of Road Transport (General) Regulation 2005	Schedule 1

(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 10 km/h Class 1 Level 5

above the speed limit applicable

(ii)	driven at a speed of more than 10 km/h but	Class 1	Level 6
not more than 20 km/h above the speed limit applicable
(iii)	driven at a speed of more than 20 km/h but	Class 1	Level 7
not more than 30 km/h above the speed limit applicable
(iv)	driven at a speed of more than 30 km/h but	Class 1	Level 11
not more than 45 km/h above the speed limit applicable
(v)	driven at a speed of more than 45 km/h above	Class 1	Level 16
the speed limit applicable

Rule 20 (except where the applicable speed limit is specified by rule 24–2, 24–3 or 24–4):

(a)	in the case of a class A motor vehicle and in school zone:
(i) driven at a speed of not more than 10 km/h Class 1 Level 3

above the speed limit applicable

(ii)	driven at a speed of more than 10 km/h but	Class 1	Level 5
not more than 20 km/h above the speed limit applicable
(iii)	driven at a speed of more than 20 km/h but	Class 1	Level 7
not more than 30 km/h above the speed limit applicable
(iv)	driven at a speed of more than 30 km/h but	Class 1	Level 10
not more than 45 km/h above the speed limit applicable
(v)	driven at a speed of more than 45 km/h above	Class 1	Level 15
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 10 km/h Class 1 Level 6

above the speed limit applicable

(ii)	driven at a speed of more than 10 km/h but	Class 1	Level 7
not more than 20 km/h above the speed limit applicable

2009 No 296	Road Transport (General) Amendment (Speeding Offences) Regulation 2009
Schedule 1	Amendment of Road Transport (General) Regulation 2005

(iii)	driven at a speed of more than 20 km/h but	Class 1	Level 8
not more than 30 km/h above the speed limit applicable
(iv)	driven at a speed of more than 30 km/h but	Class 1	Level 10
not more than 45 km/h above the speed limit applicable
(v)	driven at a speed of more than 45 km/h above	Class 1	Level 15
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 10 km/h Class 1 Level 6

above the speed limit applicable

(ii)	driven at a speed of more than 10 km/h but	Class 1	Level 7
not more than 20 km/h above the speed limit applicable
(iii)	driven at a speed of more than 20 km/h but	Class 1	Level 8
not more than 30 km/h above the speed limit applicable
(iv)	driven at a speed of more than 30 km/h but	Class 1	Level 12
not more than 45 km/h above the speed limit applicable
(v)	driven at a speed of more than 45 km/h above	Class 1	Level 17
the speed limit applicable

Rule 20 (where the applicable speed limit is specified by rule 24–2):

(a)	in the case of a vehicle driven at a speed of not more	Class 1	Level 2
than 10 km/h above the speed limit applicable
(b)	in the case of a vehicle driven at a speed of more	Class 1	Level 4
than 10 km/h but not more than 20 km/h above the speed limit applicable
(c)	in the case of a vehicle driven at a speed of more	Class 1	Level 6
than 20 km/h but not more than 30 km/h above the speed limit applicable
(d)	in the case of a vehicle driven at a speed of more	Class 1	Level 9
than 30 km/h but not more than 45 km/h above the speed limit applicable
(e)	in the case of a vehicle driven at a speed of more	Class 1	Level 14
than 45 km/h above the speed limit applicable

Road Transport (General) Amendment (Speeding Offences) Regulation	2009 No 296
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Amendment of Road Transport (General) Regulation 2005	Schedule 1

Rule 20 (where the applicable speed limit is specified by rule 24–3):

(a)	in the case of a class A motor vehicle:
(i) driven at a speed of not more than 10 km/h Class 1 Level 2

above the speed limit applicable

(ii)	driven at a speed of more than 10 km/h but	Class 1	Level 4
not more than 20 km/h above the speed limit applicable
(iii)	driven at a speed of more than 20 km/h but	Class 1	Level 6
not more than 30 km/h above the speed limit applicable
(iv)	driven at a speed of more than 30 km/h but	Class 1	Level 9
not more than 45 km/h above the speed limit applicable
(v)	driven at a speed of more than 45 km/h above	Class 1	Level 14
the speed limit applicable

(b)	in the case of a class B motor vehicle:
(i) driven at a speed of not more than 10 km/h Class 1 Level 5

above the speed limit applicable

(ii)	driven at a speed of more than 10 km/h but	Class 1	Level 6
not more than 20 km/h above the speed limit applicable
(iii)	driven at a speed of more than 20 km/h but	Class 1	Level 7
not more than 30 km/h above the speed limit applicable
(iv)	driven at a speed of more than 30 km/h but	Class 1	Level 9
not more than 45 km/h above the speed limit applicable
(v)	driven at a speed of more than 45 km/h above	Class 1	Level 14
the speed limit applicable

(c)	in the case of a class C motor vehicle:
(i) driven at a speed of not more than 10 km/h Class 1 Level 5

above the speed limit applicable

(ii)	driven at a speed of more than 10 km/h but	Class 1	Level 6
not more than 20 km/h above the speed limit applicable
(iii)	driven at a speed of more than 20 km/h but	Class 1	Level 7
not more than 30 km/h above the speed limit applicable

2009 No 296	Road Transport (General) Amendment (Speeding Offences) Regulation 2009
Schedule 1	Amendment of Road Transport (General) Regulation 2005

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

Rule 20 (where the applicable speed limit is specified by	Class 1	Level 2
rule 24–4)