Road Transport (General) Amendment (Written-off Vehicles) Regulation 2011 (NSW)

2011 No 23

New South Wales

Road Transport (General) Amendment (Written-off Vehicles) Regulation 2011

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.

DAVID BORGER, MP

Minister for Roads

Explanatory note
The objects of this Regulation are:

(a)	to omit provisions about written-off and wrecked vehicles from the regulations under the Road Transport (General) Act 2005. As a result of the enactment of the Road Transport (Vehicle Registration) Amendment (Written-off Vehicles) Act 2010, such vehicles are dealt with under the Road Transport (Vehicle Registration) Act 1997, and
(b)	to provide that Part 2AA of the Road Transport (Vehicle Registration) Act 1997 (which deals with written-off vehicles) is an applicable road law for the purposes of provisions of the Road Transport (General) Act 2005 that provide for the issue of improvement notices to assist in enforcement of such laws, and
(c)	to provide for appeals to the Local Court from decisions of the Roads and Traffic Authority under the Road Transport (Vehicle Registration) Act 1997 to refuse to issue an authorisation to repair a written-off vehicle, and

(d) to prescribe as penalty notice offences certain offences relating to written-off vehicles. This Regulation is made under the Road Transport (General) Act 2005, including the definition of applicable road law in section 3 (1) and sections 183 (relating to penalty notices), 242 (relating to appeals) and 10 (the general regulation-making power).

Published LW 21 January 2011	Page 1
2011 No 23	Road Transport (General) Amendment (Written-off Vehicles) Regulation
Clause 1	2011

Road Transport (General) Amendment (Written-off

Vehicles) Regulation 2011

under the

Road Transport (General) Act 2005

1      Name of Regulation

This Regulation is the Road Transport (General) Amendment
(Written-off Vehicles) Regulation 2011.

2      Commencement

This Regulation commences on 31 January 2011 and is required to be published on the NSW legislation website.

Road Transport (General) Amendment (Written-off Vehicles) Regulation	2011 No 23
2011
Amendment of Road Transport (General) Regulation 2005	Schedule 1
Schedule 1	Amendment of Road Transport (General) Regulation 2005

[1]      Clause 3A

Insert after clause 3:

3A Meaning of “applicable road law”

For the purposes of paragraph (e) of the definition of applicable road law in section 3 (1) of the Act, Part 2AA of the Road Transport (Vehicle Registration) Act 1997 is prescribed for the purposes only of Division 2 of Part 3.5 of Chapter 3 of the Road Transport (General) Act 2005.

[2]      Clause 15 Appeals against certain registration decisions

Insert after clause 15 (1) (f):

(g) a decision of the Authority not to issue an authorisation to repair under section 16E (5) of the Road Transport (Vehicle Registration) Act 1997.

[3]      Part 4 Written off and wrecked vehicles

Omit the Part.

[4]      Schedule 3 Penalty notice offences

Insert before the first item of the matter relating to the Road Transport
(Vehicle Registration) Act 1997, in Columns 1, 2 and 3 respectively:

Section 16I (1); Section 16K (1); Section Class 2 Level 8

16O; Section 16P

Section 16J; Section 16K (2); Section Class 2 Level 12

16L; Section 16M; Section 16Q (6)

[5]      Schedule 3

Insert at the end of the matter relating to the Road Transport (Vehicle
Registration) Regulation 2007, in Columns 1, 2 and 3 respectively:

Clause 83K (2); Clause 83N (1); Clause Class 1, 2 Level 5

83N (2); Clause 83O; Clause 83W

Clause 83R	Class 2	Level 8
Clause 83U	Class 2	Level 12