Road Transport (General) Amendment (Vehicle Registration) Regulation 2007 (NSW)

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2007 No 520

New South Wales

Road Transport (General) Amendment (Vehicle Registration) 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 in order to update references to provisions of the Road Transport (Vehicle Registration) Regulation 1998 as a consequence of that Regulation being repealed and replaced with the Road Transport (Vehicle Registration) Regulation 2007.
This Regulation also includes certain offences under the Road Transport (Vehicle
Registration) Regulation 2007 as offences for which a penalty notice may be issued.
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 156 of 26 October 2007, page 7892	Page 1
2007 No 520	Road Transport (General) Amendment (Vehicle Registration) Regulation
Clause 1	2007

Road Transport (General) Amendment (Vehicle

Registration) Regulation 2007

under the

Road Transport (General) Act 2005

1 Name of Regulation
This Regulation is the Road Transport (General) Amendment (Vehicle
Registration) Regulation 2007.

2 Commencement
This Regulation commences on 1 November 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 (Vehicle Registration) Regulation	2007 No 520
2007
Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1] Clauses 11, 14 (2), 15 (1) (e) and 29 (2)
Omit “Road Transport (Vehicle Registration) Regulation 1998” wherever occurring.
Insert instead “Road Transport (Vehicle Registration) Regulation 2007”.
[2] Clause 13 Appeals concerning examiner’s authorities and proprietor’s authorities
Omit clause 13 (1). Insert instead:

(1) Any person aggrieved by a decision of the Authority under the Road Transport (Vehicle Registration) Regulation 2007 to refuse to issue an examiner’s authority or a proprietor’s authority or to suspend or cancel such an authority, being a decision notified to the person under clause 64 of that Regulation, may appeal against the decision to a Local Court by lodging a notice of appeal with the registrar of any such Court not later than 21 days after being so notified.

[3] Clause 13 (6)

Omit “clause 68 of the Road Transport (Vehicle Registration) Regulation
1998”.
Insert instead “clause 63 of the Road Transport (Vehicle Registration)
Regulation 2007”.
[4] Clause 28 Appeals concerning accreditation schemes
Omit clause 28 (1) (a). Insert instead:

(a) a decision of the Authority under the Road Transport (Vehicle Registration) Regulation 2007 to vary, suspend or cancel a registered operator’s accreditation under an accreditation scheme under Division 6 of Part 5 of that Regulation,

[5] Clause 28 (1) (c) and (6) (c)
Omit the paragraphs.

2007 No 520	Road Transport (General) Amendment (Vehicle Registration) Regulation 2007
Schedule 1	Amendments

[6] Clause 28 (6) (a)
Omit the paragraph. Insert instead:

(a) in relation to a decision of the Authority under the Road Transport (Vehicle Registration) Regulation 2007 to vary, suspend or cancel a registered operator’s accreditation under an accreditation scheme under Division 6 of Part 5 of that Regulation—an internal review under clause 76 of that Regulation, and

[7] Clause 28 (6) (b)
Omit “that Regulation, and”. Insert instead “that Regulation.”.
[8] Schedule 3 Penalty notice offences

Omit the matter relating to the Road Transport (Vehicle Registration)
Regulation 1998.
Insert instead:
Road Transport (Vehicle Registration) Regulation 2007

Column 1 Column 2 Column 3
Provision Authorised Penalty
officer

Clause 22 (5); Clause 26 (1); Clause 27 (1); Clause 28; Class 1, 2 Level 2

Clause 30 (8); Clause 31 (1); Clause 31 (2); Clause 31 (3); Clause 31 (5); Clause 31 (6); Clause 32 (2); Clause 32 (3); Clause 34 (1); Clause 34 (2); Clause 37 (3);
Clause 39 (4); Clause 42 (5); Clause 46 (3); Clause 47;
Clause 48; Clause 49; Clause 50 (2); Clause 50 (3);
Clause 52 (1) except in relation to a matter provided for
elsewhere in this Table; Clause 52 (2); Clause 52 (4);
Clause 52 (5); Clause 55 (3); Clause 56 (4); Clause 58
(7); Clause 58 (8); Clause 59 (4); Clause 67 (1); Clause
67 (2); Clause 67 (3); Clause 68; Clause 70 (7); Clause
74 (2); Clause 84 (1); Clause 85 (1) (b); Clause 85 (1)
(c); Clause 85 (3); Clause 86 (1); Clause 86 (3)

Clause 52 (1) (a) in respect of the use of a registrable vehicle that does not comply with any of the following provisions of Schedule 2:

(a) clause 21 (b), vehicle cause danger or Class 1, 2 Level 3
unreasonable annoyance
(b) clause 22, defective steering Class 1, 2 Level 5

Road Transport (General) Amendment (Vehicle Registration) Regulation	2007 No 520
2007
Amendments	Schedule 1

Road Transport (Vehicle Registration) Regulation 2007

Column 1 Column 2 Column 3
Provision Authorised Penalty
officer

(c) clause 25 (3), motor vehicle manufactured on or Class 1, 2 Level 3
after 1 January 2003 (except if the model of the vehicle is a model of a kind manufactured before 1 January 2003) that has a GVM of not more than 3.5 tonnes and that is fitted with a vehicle frontal protection system (such as bullbar, roobar or
nudge bar) failing to comply with AS 4876.1—
2002, Motor vehicle frontal protection systems—
Road user protection because of:
(i)         incorrect method of mounting vehicle frontal protection system, or
(ii)       exposed edges, or

(iii)
unacceptable shape of material or protection system, or
(iv)       use of non-standard or non-approved vehicle frontal protection system

(d) clause 25 (3), motor vehicle manufactured on or Class 1, 2 Level 5

after 1 January 2003 (except if the model of the vehicle is a model of a kind manufactured before 1 January 2003) that has a GVM of not more than 3.5 tonnes and that is fitted with a vehicle frontal protection system (such as bullbar, roobar or

2002, Motor vehicle frontal protection systems—

nudge bar) failing to comply with AS 4876.1— protrusions (such as fishing rod holders, aerials, winches and brackets for the mounting of spot lamps) fitted to vehicle frontal protection system
(e) clause 26, oil and grease leaks Class 1, 2 Level 3
(f) clause 28, defective seating Class 1, 2 Level 5
(g) clause 29, seat belt removed or defective Class 1, 2 Level 5
(h) clause 29, motor vehicle not fitted or equipped Class 1, 2 Level 5
with seat belts or seat belt anchorages
(i) clause 61, number-plates not affixed and Class 1, 2 Level 6

displayed correctly (including obscured, defaced, illegible or illegal number-plates) in the case of a class A motor vehicle

2007 No 520	Road Transport (General) Amendment (Vehicle Registration) Regulation 2007
Schedule 1	Amendments

Road Transport (Vehicle Registration) Regulation 2007

Column 1 Column 2 Column 3
Provision Authorised Penalty
officer

(j) clause 61, number-plates not affixed and Class 1, 2 Level 8

displayed correctly (including obscured, defaced, illegible or illegal number-plates) in the case of a class B motor vehicle or class C motor vehicle
(k) clauses 133–135 or 137–142, defective brakes Class 1, 2 Level 5
(l) clause 136, defective brake other than a defective Class 1, 2 Level 5
emergency brake
(m) clauses 155–160, undue emission, inefficient Class 1, 2 Level 3
silencer or excessive noise
(n) clause 162, defective LPG or CNG equipment or Class 1, 2 Level 3
labelling
(o) clauses 168–179, road train equipment offences Class 1, 2 Level 3

Clause 52 (1) (b) Class 1, 2 Level 3
Clause 58 (9); Clause 59 (5) Class 1, 2 Level 4
Clause 70 (4) Class 1, 2 Level 5
Clause 71 (5); Clause 84 (2) in the case of a minor defect Class 1, 2 Level 5
notice
Clause 84 (2) in the case of a major defect notice Class 1, 2 Level 6
Clause 84 (3); Clause 84 (5) Class 1, 2 Level 8
Clause 85 (1); Clause 85 (2); Clause 85 (3) in the case Class 1, 2 Level 6
of a class A motor vehicle
Clause 85 (1); Clause 85 (2); Clause 85 (3) in the case Class 1, 2 Level 8
of a class B motor vehicle or class C motor vehicle

BY AUTHORITY

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Road Transport (General) Amendment (Vehicle Registration) Regulation 2007 (NSW)

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Clause 22 (5); Clause 26 (1); Clause 27 (1); Clause 28;	Class 1, 2	Level 2
Clause 30 (8); Clause 31 (1); Clause 31 (2); Clause 31 (3); Clause 31 (5); Clause 31 (6); Clause 32 (2); Clause 32 (3); Clause 34 (1); Clause 34 (2); Clause 37 (3);
Clause 39 (4); Clause 42 (5); Clause 46 (3); Clause 47; Clause 48; Clause 49; Clause 50 (2); Clause 50 (3); Clause 52 (1) except in relation to a matter provided for elsewhere in this Table; Clause 52 (2); Clause 52 (4); Clause 52 (5); Clause 55 (3); Clause 56 (4); Clause 58 (7); Clause 58 (8); Clause 59 (4); Clause 67 (1); Clause 67 (2); Clause 67 (3); Clause 68; Clause 70 (7); Clause 74 (2); Clause 84 (1); Clause 85 (1) (b); Clause 85 (1) (c); Clause 85 (3); Clause 86 (1); Clause 86 (3)
Clause 52 (1) (a) in respect of the use of a registrable vehicle that does not comply with any of the following provisions of Schedule 2:

(a)	clause 21 (b), vehicle cause danger or	Class 1, 2	Level 3
unreasonable annoyance
(b)	clause 22, defective steering	Class 1, 2	Level 5

Column 1	Column 2	Column 3
Provision	Authorised	Penalty
officer

(c)	clause 25 (3), motor vehicle manufactured on or	Class 1, 2	Level 3
after 1 January 2003 (except if the model of the vehicle is a model of a kind manufactured before 1 January 2003) that has a GVM of not more than 3.5 tonnes and that is fitted with a vehicle frontal protection system (such as bullbar, roobar or
nudge bar) failing to comply with AS 4876.1— 2002, Motor vehicle frontal protection systems— Road user protection because of:

(j)	clause 61, number-plates not affixed and	Class 1, 2	Level 8
displayed correctly (including obscured, defaced, illegible or illegal number-plates) in the case of a class B motor vehicle or class C motor vehicle
(k)	clauses 133–135 or 137–142, defective brakes	Class 1, 2	Level 5
(l)	clause 136, defective brake other than a defective	Class 1, 2	Level 5
emergency brake
(m)	clauses 155–160, undue emission, inefficient	Class 1, 2	Level 3
silencer or excessive noise
(n)	clause 162, defective LPG or CNG equipment or	Class 1, 2	Level 3
labelling
(o)	clauses 168–179, road train equipment offences	Class 1, 2	Level 3

Clause 52 (1) (b)	Class 1, 2	Level 3
Clause 58 (9); Clause 59 (5)	Class 1, 2	Level 4
Clause 70 (4)	Class 1, 2	Level 5
Clause 71 (5); Clause 84 (2) in the case of a minor defect	Class 1, 2	Level 5
notice
Clause 84 (2) in the case of a major defect notice	Class 1, 2	Level 6
Clause 84 (3); Clause 84 (5)	Class 1, 2	Level 8
Clause 85 (1); Clause 85 (2); Clause 85 (3) in the case	Class 1, 2	Level 6
of a class A motor vehicle
Clause 85 (1); Clause 85 (2); Clause 85 (3) in the case	Class 1, 2	Level 8
of a class B motor vehicle or class C motor vehicle