Road Transport (General) Regulation 2013 (NSW)

Case
No judgment structure available for this case.

Repeal—

This Regulation was repealed by sec 10(2) of the Subordinate Legislation Act 1989 No 146 with effect from 1.9.2021.

whole Regulation (except sch 2): Am 2020 No 30, Sch 4.87[1] (“the Authority” and “The Authority” omitted wherever occurring, “Transport for NSW” inserted instead).

Part 1Preliminary1Name of Regulation

This Regulation is the Road Transport (General) Regulation 2013.

2Commencement

This Regulation commences on the day on which Schedule 1 (Repeal of certain existing road transport legislation) to the Road Transport Legislation (Repeal and Amendment) Act 2013 commences.

3Definitions

(cf Gen Reg, cl 3; STM Reg, cl 3)

(1)

In this Regulation—

applicable vehicle standards law means clause 25 of the Road Transport (Vehicle Registration) Regulation 2017 and—

  • (a)

    in the case of a light vehicle—the Light Vehicle Standards Rules, or

  • (b)

    in the case of a heavy vehicle within the meaning of the Heavy Vehicle National Law (NSW)—the heavy vehicle standards within the meaning of that Law.

    Note—

    See the Heavy Vehicle (Vehicle Standards) National Regulation (NSW).

area of operations means—

  • (a)

    in relation to a council—the council’s local government area, and

  • (b)

    in relation to a declared organisation—the area of operations specified in relation to that organisation in Column 2 of Schedule 2.

articulated vehicle means a motor vehicle having at its rear a portion, on wheels, that is pivoted to, and a part of which (not being a pole, draw-bar or similar device or an accessory of it) is superimposed on, the forward portion of the vehicle.

axle means that part of a vehicle consisting of one or more shafts, spindles or bearings in the same transverse vertical plane or between 2 parallel transverse vertical planes not more than 1 metre apart, by means of which, in conjunction with wheels mounted on such shafts, spindles or bearings, the whole or portion of the weight of the vehicle and its loading is continuously transmitted to the road surface.

axle group means a single axle, tandem axle group, twin steer axle group, tri-axle group or quad-axle group.

bus means a motor vehicle built mainly to carry people that seats over 12 persons (including the driver).

centreline of an axle or axle group means a transverse line through the centre of the axle or axle group and that—

  • (a)

    in the case of a single axle comprising more than one axle or a tandem axle group, not being a twin steer axle group—

    • (i)

      if both axles are fitted with an equal number of tyres, is a line located midway between those axles, or

    • (ii)

      if one axle is fitted with twice the number of tyres than the other axle, is a line one third of the distance between the axles away from the axle fitted with the greater number of tyres toward the axle fitted with the lesser number of tyres, or

  • (b)

    in the case of a twin steer axle group, is a line located midway between the 2 axles in the group, or

  • (c)

    in the case of a tri-axle group, is a line located midway between the extreme axles.

controlled parking hours, in relation to a pay parking space or pay parking area, means the periods (as set out on the relevant traffic signs) during which a vehicle may not be parked in the space or area unless the relevant parking fee has been paid.

corresponding heavy vehicle standard, in relation to a provision of the Light Vehicle Standards Rules, means a heavy vehicle standard under the Heavy Vehicle National Law (NSW) that corresponds, or substantially corresponds, to that provision.

council means the council of a local government area.

coupon parking area has the same meaning as in rule 207–5 of the Road Rules 2014.

coupon parking scheme means a scheme of the kind established in accordance with Subdivision 3 of Division 1 of Part 5.

coupon parking space has the same meaning as in rule 207–6 of the Road Rules 2014.

declared organisation means a body constituted by or under an Act or a Government Department specified in Column 1 of Schedule 2.

disabled person means a person—

  • (a)

    who is unable to walk because of permanent or temporary loss of the use of one or both legs or other permanent medical or physical condition, or

  • (b)

    whose physical condition is detrimentally affected as a result of walking 100 metres, or

  • (c)

    who requires the use of crutches, a walking frame, callipers, scooter, wheelchair or other similar mobility aid.

driver licensing law means—

  • (a)

    Chapter 3 of the Act, and

  • (b)

    the Road Transport (Driver Licensing) Regulation 2017.

goods vehicle means—

  • (a)

    a station wagon, or

  • (b)

    a vehicle constructed principally for the conveyance of goods.

heavy goods vehicle means a goods vehicle that is not a light goods vehicle.

light goods vehicle means a goods vehicle that comprises a station wagon or a motor bike combination.

Light Vehicle Standards Rules has the same meaning as in the Road Transport (Vehicle Registration) Regulation 2017.

loading zone ticket means a ticket issued by or on behalf of Transport for NSW (by means of a loading zone ticket machine) for display in or on a goods vehicle.

loading zone ticket machine means a device designed to issue loading zone tickets, and includes the stand on which such a device is erected.

metered parking area has the same meaning as in rule 207–1 of the Road Rules 2014.

metered parking scheme means a scheme of the kind established in accordance with Subdivision 1 of Division 1 of Part 5.

metered parking space has the same meaning as in rule 207–1 of the Road Rules 2014.

mobility parking scheme authority means an authority issued under Division 2 of Part 6.

money based coupon means a parking coupon that allows a person to park a vehicle in a coupon parking space for a period of time calculated by reference to—

  • (a)

    the amount specified on the coupon as the parking fee that has been pre-paid for parking the vehicle in a coupon parking space, and

  • (b)

    the relevant fee for the space.

motor bike means any motor vehicle that has 2 wheels or, if a sidecar or sidebox is attached to it, has 3 wheels and includes a motor tricycle.

motor lorry means any motor vehicle (whether or not in combination with any trailer) that is constructed principally for the conveyance of goods or merchandise or for the conveyance of any kind of materials used in any trade, business or industry, or for use in any work other than the conveyance of persons, but does not include a motor bike or a tractor.

motor tricycle means any motor vehicle with 3 wheels and having a GVM of one tonne or less.

multi-space parking meter means a parking meter that applies to more than one metered parking space.

ordinary metered parking area has the same meaning as in rule 207–1 of the Road Rules 2014.

park has the same meaning as it has in the Road Rules 2014.

parking authority means a council or a declared organisation.

parking coupon means a voucher, card or similar article issued by a parking authority (otherwise than by means of a parking ticket machine) for display in or on a vehicle as evidence of the pre-payment of a parking fee.

parking meter means a device designed to indicate, or capable of indicating, whether the fee determined by the parking authority concerned in respect of any vehicle parking in a metered parking space to which the device applies has been paid, and includes the stand on which such a device is erected.

parking permit means a permit issued under clause 95.

parking ticket means a ticket issued by a parking authority (by means of a parking ticket machine) for display in or on a vehicle as evidence of the pre-payment of a parking fee.

parking ticket machine means a device designed to issue parking tickets, and includes the stand on which such a device is erected.

pay parking area means—

  • (a)

    a coupon parking area, or

  • (b)

    a metered parking area, or

  • (c)

    a phone parking area, or

  • (d)

    a ticket parking area.

pay parking device means a device referred to in clause 66(2)(c) or 73(2)(d).

pay parking scheme means—

  • (a)

    a coupon parking scheme, or

  • (b)

    a metered parking scheme, or

  • (c)

    a phone parking scheme, or

  • (d)

    a ticket parking scheme.

pay parking space means—

  • (a)

    a coupon parking space, or

  • (b)

    a metered parking space, or

  • (c)

    a phone parking space, or

  • (d)

    a ticket parking space.

permissive parking sign means a traffic sign of the kind referred to in rule 204 of the Road Rules 2014.

phone parking area has the same meaning as in rule 207–8 of the Road Rules 2014.

phone parking scheme means a scheme of a kind established in accordance with Subdivision 4 of Division 1 of Part 5.

phone parking space has the same meaning as in rule 207–9 of the Road Rules 2014.

phone payment scheme means a scheme for payment of parking fees by mobile phone that is approved by Transport for NSW and adopted by a parking authority under Subdivision 4 of Division 1 of Part 5 for the purposes of a phone parking scheme.

prime mover means a motor vehicle built to tow a semi-trailer.

public passenger service has the same meaning as it has in the Passenger Transport Act 1990.

quad-axle group means a group of 4 axles, in which the horizontal distance between the centrelines of the outermost axles is more than 3.2 metres but not more than 4.9 metres.

registration metered parking area has the same meaning as in rule 207–1 of the Road Rules 2014.

registry has the same meaning as in the Road Transport (Vehicle Registration) Regulation 2017.

regular passenger service has the same meaning as it has in the Passenger Transport Act 1990.

relevant parking fee, in relation to the parking of a vehicle in a pay parking space or area, means the fee for parking a vehicle in the space or area, for the day and time during which the vehicle is parked in the space or area, as indicated on—

  • (a)

    the parking meter or ticket machine for the space (in relation to a metered parking space or a ticket parking space), or

  • (b)

    the permissive parking signs or coupon parking signs for the space (in relation to a coupon parking space), or

  • (c)

    the phone parking signs, or the parking meter or ticket machine, for the area or space (in relation to a phone parking area or a phone parking space).

road—see subclause (2).

road related area—see subclause (2).

school zone means a school zone (as defined in rule 23(2) of the Road Rules 2014), but only during any period in which the speed limit indicated by a school zone sign has effect, as referred to in rule 318(3–1) of those Rules.

semi-trailer means a trailer that has—

  • (a)

    one axle group or single axle towards the rear, and

  • (b)

    a means of attachment to a prime mover that would result in some of the mass of the trailer’s load being imposed on the prime mover.

sidecar means any car, box or other receptacle attached to the side of a motor bike and for the carriage of which a third wheel is provided.

single axle means one axle, or 2 axles the centrelines of which are less than 1 metre apart.

smart card means a stored-value card keeping a record of financial transactions made using the card.

special event parking area has the same meaning as in rule 205A–1 of the Road Rules 2014.

station wagon has the same meaning as it has in the Road Transport (Vehicle Registration) Regulation 2017.

tandem axle group means a combination of 2 axles, the centrelines of which are not less than 1 metre and not more than 2 metres apart.

TfNSW guidelines means guidelines in force under clause 83.

the Act means the Road Transport Act 2013.

third edition ADR has the same meaning as in the Light Vehicle Standards Rules.

ticket-operated loading zone has the same meaning as in rule 179–1 of the Road Rules 2014.

ticket parking area has the same meaning as in rule 207–3 of the Road Rules 2014.

ticket parking scheme means a scheme of the kind established in accordance with Subdivision 2 of Division 1 of Part 5.

ticket parking space has the same meaning as in rule 207–4 of the Road Rules 2014.

time based coupon means a parking coupon that allows a person to park a vehicle in a coupon parking space for the period of time specified on the coupon.

tractor means any motor vehicle constructed principally for the purpose of supplying motive power for machinery or of hauling any vehicle, but that is not capable of carrying any loading (other than tools, spare parts, fuel, water, oil, or other accessories necessary for use in connection with the vehicle) or any part of the weight of a vehicle being drawn or its loading.

traffic sign has the same meaning as it has in the Road Rules 2014.

tri-axle group means a combination of 3 axles the centrelines of the extreme axles of which are not less than 2 metres and not more than 3.2 metres apart.

twin steer axle group means a group of 2 axles—

  • (a)

    with single tyres, and

  • (b)

    fitted to a motor vehicle, and

  • (c)

    connected to the same steering mechanism, and

  • (d)

    the horizontal distance between the centrelines of which is at least 1 metre but not more than 2 metres.

Typical twin steer axle group on a motor vehicle

vehicle, in Part 5, includes a horse.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

Each reference in this Regulation to a road includes a reference to a road related area, unless otherwise expressly stated in this Regulation.

Note—

The terms road and road related area are defined in section 4(1) of the Act.

(2A)

In Schedule 2, public road has the same meaning as in the Roads Act 1993.

(3)

In this Regulation, an abbreviation or symbol specified in Schedule 1 to the Road Rules 2014 has the same meaning as it has in that Schedule.

(4)

Notes and diagrams included in this Regulation do not form part of this Regulation.

Note—

For the purposes of comparison, a number of provisions of this Regulation contain bracketed notes in headings drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of other Regulations (as in force immediately before the commencement of this Regulation). Abbreviations in these notes include the following—

  • (a)

    Gen Reg is a reference to the Road Transport (General) Regulation 2005 (as it was then named),

  • (b)

    STM Reg is a reference to the Road Transport (Safety and Traffic Management) Regulation 1999.

cl 3: Am 2013 No 71, Sch 2.4 [1]; 2014 (762), Schs 1, 3 [1]; 2015 (449), Sch 1 [1]–[3]; 2017 (451), Sch 5.2 [1]–[4]; 2017 (617), Sch 2 [1]; 2018 (411), cl 3 (1); 2020 No 30, Sch 4.87[2].

Part 2Road transport legislationDivision 14, 5

(Repealed)

pt 2, div 1 (cll 4, 5): Rep 2020 No 33, Sch 2.4[1].

Division 2Special service requirements6Service of notices on persons under driver licensing law

(cf Gen Reg, cl 6)

(1)

For the purposes of sections 276(3) and 277(2) of the Act, the provisions of this clause set out the only manner in which a notice under the driver licensing law may be given or served.

(2)

Transport for NSW may give or serve a notice under the driver licensing law on a person by sending the notice—

  • (a)

    by post or by some other means to the person’s last known home address, or

  • (b)

    to the address for service of notices recorded in the NSW driver licence register—

    • (i)

      if the address for service is an electronic address—by electronic communication to the electronic address, or

    • (ii)

      otherwise—by post or by some other means.

(3)

The date on which a person is taken to have been given or served with a notice under the Road Transport (Driver Licensing) Regulation 2017 or a notice under section 54(2) of the Act is—

  • (a)

    if the notice is sent by mail—the fourth working day after the notice was posted, or

  • (b)

    if the notice is delivered to the person personally—the date when it is so delivered, or

  • (c)

    if the notice is sent by electronic communication to an electronic address—the date the notice is sent.

(3A)

However, a notice sent by electronic communication is not taken to be given or served if Transport for NSW receives an automated reply, by electronic communication, indicating that the delivery of the notice to the electronic address has failed.

(3B)

If subclause (3A) applies, the notice must be served by post or by some other means to the person’s last known home address.

(4)

If a person’s home address or address for service of notices is in another jurisdiction, Transport for NSW may request the driver licensing authority of another jurisdiction to act on its behalf in giving or serving a notice on the person or in performing any other act that Transport for NSW could lawfully perform in this jurisdiction.

(5)

If Transport for NSW receives a request under a provision of the corresponding driver law of another jurisdiction that corresponds with subclause (4), it may act on behalf of the driver licensing authority of that jurisdiction accordingly.

(6)

A notice given for the purposes of clause 69 of the Road Transport (Driver Licensing) Regulation 2017 may only be given personally.

(7)

If it is provided in the Road Transport (Driver Licensing) Regulation 2017 that any notification, document or thing must be forwarded, surrendered or delivered to Transport for NSW, it is sufficient compliance with any such provision if the notification, document or thing is forwarded or surrendered to or delivered at a registry within the time prescribed by that Regulation.

cl 6: Am 2017 (451), Sch 5.2 [5]; 2017 (617), Sch 2 [1] [2]; 2018 No 25, Sch 5.36 [1]; 2019 (61), Sch 1.2 [1] [2].

7Service of notices on registered operators and delivery of things to TfNSW under vehicle registration law

(cf Gen Reg, cl 7)

(1)

For the purposes of sections 276(3) and 277(2) of the Act, the provisions of this clause set out the only manner in which a notice under the vehicle registration law may be given or served on the registered operator of a registrable vehicle.

(2)

Transport for NSW may give or serve a notice under the vehicle registration law on the registered operator of a registrable vehicle by sending the notice—

  • (a)

    by post or by some other means to the registered operator’s home address, or

  • (b)

    to the address for service of notices recorded in the NSW registrable vehicles register in relation to the vehicle—

    • (i)

      if the address for service is an electronic address—by electronic communication to the electronic address, or

    • (ii)

      otherwise—by post or by some other means.

(3)

The date on which a registered operator is taken to have been given or served with a notice under the Road Transport (Vehicle Registration) Regulation 2017 is—

  • (a)

    if the notice is sent by mail—the fourth working day after the notice was posted, or

  • (b)

    if the notice is delivered to the person personally—the date when it is so delivered, or

  • (c)

    if the notice is sent by electronic communication to an electronic address—the date the notice is sent.

(3A)

However, a notice sent by electronic communication is not taken to be given or served if Transport for NSW receives an automated reply, by electronic communication, indicating that the delivery of the notice to the electronic address has failed.

(3B)

If subclause (3A) applies, the notice must be served by post or by some other means to the home address of the registered operator.

(4)

If it is provided in the Road Transport (Vehicle Registration) Regulation 2017 that any notification, document or thing must be forwarded, surrendered or delivered to Transport for NSW, it is sufficient compliance with any such provision if the notification, document or thing is forwarded or surrendered to or delivered at a registry within the time prescribed by that Regulation.

(5)

In this clause—

vehicle registration law means—

  • (a)

    Chapter 4 of the Act, and

  • (b)

    the Road Transport (Vehicle Registration) Regulation 2017.

cl 7: Am 2017 (451), Sch 5.2 [5] [6]; 2019 (61), Sch 1.2 [3] [4]; 2020 No 30, Sch 4.87[3].

8Notices to unincorporated associations in connection with mobility parking scheme authorities

(cf Gen Reg, cl 8)

Transport for NSW may give a notice to, or serve a notice on, an unincorporated association of persons under the provisions of Division 2 of Part 6 by sending the notice by post or by some other means to the address for service of the association that is specified in its application form for a mobility parking scheme authority or subsequently notified to Transport for NSW.

Division 3Operation of inconsistent legislation9Royal Botanic Gardens and Domain Trust Act 1980

(cf Gen Reg, cl 9)

For the purposes of section 14(5) of the Act, any provision of the Royal Botanic Gardens and Domain Trust Act 1980 (or any regulation made under that Act) in respect of parking on Trust lands within the meaning of that Act prevails over any inconsistent provision of the road transport legislation concerning parking.

10Local Government Act 1993

(cf Gen Reg, cl 10)

For the purposes of section 14(5) of the Act, any provision of the Local Government Act 1993 (or any regulation made under that Act) in respect of the use of skating equipment on public land (within the meaning of that Act) prevails over any inconsistent provision of the road transport legislation concerning the use of such equipment.

Part 3Safety and traffic managementDivision 1Responsibility for certain vehicle use11Causing, permitting or allowing certain 4.5 tonne vehicles and combinations to be driven in excess of 100 kilometres per hour

(cf STM Reg, cl 38)

(1)

A person (other than a driver) must not cause, permit or allow a vehicle with a GVM over 4.5 tonnes or a vehicle and trailer combination with a GCM over 4.5 tonnes to be driven on a road at a speed in excess of 100 kilometres per hour.

Maximum penalty—

  • (a)

    in the case of a vehicle that is a heavy motor vehicle (within the meaning of rule 10–2 of the Road Rules 2014) or coach—30 penalty units, or

  • (b)

    in any other case—20 penalty units.

Note—

A driver who drives such vehicles in excess of 100 kilometres per hour will commit an offence against rule 20 of the Road Rules 2014. See also rules 21(2) and 25(3)(a) of those Rules.

(2)

In this clause—

vehicle, trailer and combination have the same meanings as in the Road Rules 2014.

cll 11–15: Am 2014 (762), Sch 1.

12Use of vehicle that drops waste oil or grease

(cf STM Reg, cl 43)

The responsible person for a motor vehicle or trailer (other than the driver) must not cause, permit or allow or fail to take reasonable precautions to prevent a contravention of rule 291–2 of the Road Rules 2014.

Maximum penalty—20 penalty units.

Note—

Rule 291–2 of the Road Rules 2014 provides that the driver of a motor vehicle or trailer must not drive the vehicle without adequate precautions being taken to prevent waste oil or grease from the machinery, or from any other part, of the vehicle from dropping on the roadway.

cll 11–15: Am 2014 (762), Sch 1.

13Use of motor bike sidecars

(cf STM Reg, cl 47)

(1)

The responsible person for a motor bike that is ridden with a passenger in a sidecar must not cause, permit or allow or fail to take reasonable precautions to prevent a contravention of rule 271 of the Road Rules 2014 in relation to how persons travel in the sidecar.

Maximum penalty—20 penalty units.

Note—

Rule 271 of the Road Rules 2014 provides for how persons are to ride motor bikes and travel in sidecars.

(2)

Subclause (1) does not apply to the rider of a motor bike or a passenger in a sidecar.

cll 11–15: Am 2014 (762), Sch 1.

14Number of vehicles that may be drawn together

(cf STM Reg, cl 48)

A person (other than a driver) must not cause or permit a vehicle to be driven in contravention of rule 294–1(1) of the Road Rules 2014.

Maximum penalty—20 penalty units.

Note—

Rule 294–1 of the Road Rules 2014 provides that (subject to certain exceptions) a driver must not drive any of the following vehicles unless written permission is first obtained from the Commissioner of Police and all conditions of the permission are strictly complied with—

  • (a)

    an articulated vehicle towing any motor vehicle, trailer or other vehicle,

  • (b)

    any other motor vehicle towing more than one motor vehicle, trailer or other vehicle.

cll 11–15: Am 2014 (762), Sch 1.

15Use of lights on vehicles generally

(cf STM Reg, cl 55)

A person (other than a driver) must not cause or permit a light or other device fitted to a vehicle to be used in contravention of rule 218–1 of the Road Rules 2014.

Maximum penalty—20 penalty units.

Note—

A driver who uses a light or other device fitted to the driver’s vehicle in contravention of rule 218–1 of the Road Rules 2014 will also commit an offence against that rule.

cll 11–15: Am 2014 (762), Sch 1.

16Use of crimson flashing warning lights on certain council vehicles

(cf STM Reg, cl 56)

(1)

A person (other than a driver) must not cause or permit any crimson flashing warning light permitted to be fixed to a motor vehicle by rule 114(4)–(9) of the Light Vehicle Standards Rules (or, in the case of a heavy vehicle, a corresponding heavy vehicle standard) to be used unless the vehicle is being used by an employee of a council for the purposes of enforcing excess weight limits legislation.

Maximum penalty—20 penalty units.

Note—

See rule 221–1(1) of the Road Rules 2014 for the corresponding offence in relation to drivers.

(2)

In this clause—

excess weight limits legislation means any of the following—

  • (a)

    the Heavy Vehicle National Law (NSW),

  • (b)

    Part 3A and clause 148 of this Regulation.

cl 16: Am 2013 No 71, Sch 2.4 [2] [3]; 2014 (762), Sch 1; 2015 (449), Sch 1 [4]; 2017 (451), Sch 5.2 [7].

17Use of lights on stationary vehicles

(cf STM Reg, cl 58)

(1)

A person (other than a driver) must not cause or permit a motor vehicle or trailer to stand on a road during a period of darkness unless the rear light and any clearance or side marker light required to be fitted to the vehicle by the applicable vehicle standards law are lighted.

Maximum penalty—20 penalty units.

Note—

See rule 220–1(1) of the Road Rules 2014 for the corresponding offence in relation to drivers of motor vehicles.

(2)

Subclause (1) does not apply to the standing of a vehicle on a length of road with street lighting that renders a motor vehicle or trailer clearly visible.

(3)

A person (other than a driver) must not cause or permit a motor vehicle to stand on a road during a period of darkness with its headlight lighted while the vehicle is not actually engaged in dropping off, or picking up, passengers.

Maximum penalty—20 penalty units.

Note—

See rule 220–1(3) of the Road Rules 2014 for the corresponding offence in relation to drivers of motor vehicles.

(4)

In this clause—

period of darkness has the same meaning as in the Road Rules 2014.

cl 17: Am 2013 No 71, Sch 2.4 [4]; 2014 (762), Sch 1.

18Carriage of dangerous goods in prohibited areas

(cf STM Reg, cl 59)

(1)

A person (other than a driver) must not cause, permit or allow the use of a dangerous goods transporter on or in any prohibited area.

Maximum penalty—20 penalty units.

Note—

Rule 300–2 of the Road Rules 2014 provides that the driver of a dangerous goods transporter must not use the vehicle on or in certain prohibited areas.

(2)

The Commissioner of Police may issue a permit (whether with or without conditions) authorising a dangerous goods transporter to be used in a prohibited area.

(3)

A person does not commit an offence against subclause (1) if the dangerous goods transporter is—

  • (a)

    displaying a permit issued under subclause (2) authorising it to be used in the prohibited area concerned, and

  • (b)

    used in accordance with any conditions on which the permit was issued.

(4)

The holder of a permit issued under subclause (2) who, without lawful excuse, contravenes a condition of the permit is guilty of an offence.

Maximum penalty—20 penalty units.

(5)

Terms or expressions used in this clause that are defined for the purposes of rule 300–2 of the Road Rules 2014 have the same meanings as in that rule.

cll 18: Am 2014 (762), Sch 1.

19Use of lengthy vehicles in central Sydney and on certain other roads

(cf STM Reg, cl 87)

(1)

A person (other than a driver) must not cause or permit a lengthy vehicle to be driven in contravention of rule 300–3 of the Road Rules 2014.

Maximum penalty—20 penalty units.

Note—

Rule 300–3 of the Road Rules 2014 provides that the driver of a lengthy vehicle must not, unless written permission is first obtained from Transport for NSW and all the conditions of the permission are strictly complied with, drive the vehicle during certain times on weekdays in specified parts of central Sydney and other roads.

(2)

In this clause, lengthy vehicle has the same meaning as in rule 300–3 of the Road Rules 2014.

cll 19: Am 2014 (762), Sch 1.

20Prohibition on car minding

(cf STM Reg, cl 89)

(1)

The Commissioner of Police may, by written notice served on a person, prohibit the person from—

  • (a)

    parking, minding, caring for, or taking charge of any motor vehicle or trailer (other than a motor vehicle or trailer of which the person is the driver) on any road, or

  • (b)

    offering his or her services for any such purpose.

(2)

A person on whom a notice under subclause (1) has been served must comply with any prohibition in the notice.

Maximum penalty—20 penalty units.

(3)

Nothing in this clause authorises the Commissioner of Police—

  • (a)

    to prohibit the proprietor of a parking station or parking area from parking, minding, caring for, or taking charge of a motor vehicle or trailer in or on any parking station or parking area, or

  • (b)

    to prohibit the proprietor of a parking station or parking area from offering the proprietor’s services for any such purpose,

whether by the display or publication of any advertisement in relation to the parking station or parking area or otherwise and whether the services are performed or offered to be performed by the proprietor or by an employee of the proprietor.

21Inspection of driver licences by responsible persons

(cf STM Reg, cl 90)

The responsible person for or the person in charge of a motor vehicle must, before permitting any other person to drive the vehicle, cause the driver licence issued to the person to be produced to the responsible person or person in charge and inspect the licence.

Maximum penalty—20 penalty units.

Note—

Rule 300–5 of the Road Rules 2014 makes it an offence for the driver of a motor vehicle not to carry his or her driver licence.

cll 21: Am 2014 (762), Sch 1.

22Responsible person’s consent

(cf STM Reg, cl 91)

The person in charge of a motor vehicle or trailer on a road must not permit any person to drive or use the vehicle without the consent of the responsible person for the vehicle.

Maximum penalty—20 penalty units.

23Parents not to cause or permit children to drive on roads

(cf STM Reg, cl 92)

(1)

Any parent of a child must not cause or permit the child to drive a motor vehicle on a road.

Maximum penalty—20 penalty units.

(2)

Subclause (1) does not apply to a parent of a child if Transport for NSW—

  • (a)

    has granted a driver licence to the child under the Act, or

  • (b)

    has issued a learner licence to the child under the Act.

(3)

In this clause—

child means a person who has not attained the age of 16 years and 9 months.

parent of a child includes a person having parental responsibility (within the meaning of the Children and Young Persons (Care and Protection) Act 1998) for the child.

24School buses

(cf STM Reg, cl 93)

(1)

The owner of a bus must, before permitting any person to drive the bus for school purposes—

  • (a)

    attach to the bus 2 signs complying with subclause (2), or

  • (b)

    provide for use by the driver 2 signs complying with subclause (2) and the means of attaching the signs to the bus.

Maximum penalty—20 penalty units.

(2)

The signs referred to in subclause (1) must contain the words “School Bus” in block letters—

  • (a)

    not less than—

    • (i)

      100 millimetres high in the case of the sign to be displayed at the front of a bus, and

    • (ii)

      120 millimetres high in the case of the sign to be displayed at the rear of a bus, and

  • (b)

    in black lettering on a fluorescent yellow background.

(3)

In this clause, a reference to drive a bus for school purposes is a reference to the driving of a bus that—

  • (a)

    is being used solely or principally for the conveyance of children to or from school, and

  • (b)

    is being so used on a journey wholly outside a transport district (within the meaning of the Transport Administration Act 1988).

(4)

This clause does not apply to a vehicle that is operated in accordance with clause 25.

25Warning signs and lights for school buses

(cf STM Reg, cl 94)

(1)

The owner of a bus must not permit any person to drive the bus for school purposes on a road unless a warning system is attached to the bus.

Maximum penalty—20 penalty units.

(2)

This clause does not apply to a bus—

  • (a)

    that is operating on charter for a school excursion or being used for community service activities, and

  • (b)

    where no individual fares are being directly collected or school passes used.

(3)

This clause does not apply to the owner of a bus whom Transport for NSW exempts from compliance with this clause.

(4)

Transport for NSW is to make any technical specification approved for the purposes of this clause available on request.

(5)

For the purposes of this clause, a bus is driven or used for school purposes if—

  • (a)

    it is being used to convey children (whether with or without adult passengers) to or from school—

    • (i)

      between 7.00 am and 9.30 am on a weekday, or

    • (ii)

      between 2.30 pm and 5.00 pm on a weekday, or

  • (b)

    it is used solely for the purpose of conveying children to or from school.

(6)

In this clause—

warning system means a system of signs and flashing lights that is designed to warn motorists of the presence of children on a bus and that complies with the requirements of the technical specification approved by Transport for NSW from time to time for the purposes of this clause.

26Safety provisions for buses first registered on or after 1 August 1997

(cf STM Reg, cl 95)

(1)

This clause applies to any bus used by an accredited service operator to operate any regular passenger service within the meaning of the Passenger Transport Act 1990 and first registered on or after 1 August 1997.

(2)

The owner of a bus must not permit any person to drive the bus on a road unless the bus is fitted with—

  • (a)

    a bus door safety system, and

  • (b)

    safety padding, and

  • (c)

    a field of view system.

Maximum penalty—20 penalty units.

(3)

A person must not drive a bus on a road unless the bus is fitted with—

  • (a)

    a bus door safety system, and

  • (b)

    safety padding, and

  • (c)

    a field of view system.

Maximum penalty—20 penalty units.

(4)

A requirement of subclause (2) or (3) does not apply—

  • (a)

    to the owner of a bus whom Transport for NSW exempts in writing from compliance with the requirement, and

  • (b)

    to the driver of a bus, the owner of which has been exempted under paragraph (a).

(5)

Transport for NSW is to make any technical specification approved for the purposes of this clause available on request.

(6)

In this clause—

bus door safety system means a bus door system installed on a bus that—

  • (a)

    is designed to prevent, without driver intervention, entrapment of persons by the closing of the doors, and

  • (b)

    complies with the requirements of any technical specification approved by Transport for NSW for the purposes of this clause.

field of view system means a system installed on a bus that—

  • (a)

    provides the driver of the bus with an adequate view of the doorways of the bus, and

  • (b)

    complies with the requirements of the technical specification approved by Transport for NSW for the purposes of this clause.

safety padding means padding that—

  • (a)

    is affixed to handrails, the top and back of seats, and partitions on buses, including raised items that are part of, or are affixed to, seats and partitions, and

  • (b)

    complies with the requirements of the technical specification approved by Transport for NSW for the purposes of this clause.

27Door requirements for buses registered before 1 August 1997

(cf STM Reg, cl 96)

(1)

This clause applies to buses fitted with driver controlled doors and first registered before 1 August 1997.

(2)

The owner of a bus to which this clause applies must not permit a person to drive a bus on a road unless the steady force applied to any object located up to 1,500 millimetres above the door step when the door of the bus is closing does not exceed 150 newtons when measured between 20 millimetres and 300 millimetres from the door’s fully closed position.

Maximum penalty—20 penalty units.

(3)

A person must not drive a bus to which this clause applies on a road unless the steady force applied to any object located up to 1,500 millimetres above the door step when the door of the bus is closing does not exceed 150 newtons when measured between 20 millimetres and 300 millimetres from the door’s fully closed position.

Maximum penalty—20 penalty units.

(4)

Despite subclauses (2) and (3), the steady force applied to any object located up to 1,500 millimetres above the door step when the door of the bus is closing may, if a steady force of 150 newtons results in the door not working properly, be increased to a steady force that enables the door to work properly. However, it must not, in any case, be increased to more than 400 newtons.

Division 2Alcohol and other drug use28Substances prescribed as drugs for the purposes of the definition of “drug” in section 4(1) of Act

(cf STM Reg, cl 127)

For the purposes of paragraph (c) of the definition of drug in section 4(1) of the Act, the following are prescribed as drugs—

  • (a)

    substances listed in Schedule 3, and

  • (b)

    substances that are salts, isomers, esters or ethers of any of the substances so listed or that are salts of those isomers, esters or ethers.

28AACorresponding combined alcohol and drug driving offences(1)

An offence under the law of another jurisdiction is a corresponding combined alcohol and drug driving offence if the offence involves—

  • (a)

    the presence of alcohol in a person’s breath or blood if the presence is a range that would, for the person, be considered to be an offence in New South Wales, and

  • (b)

    the presence of a prescribed illicit drug in a person’s oral fluid, blood or urine.

(2)

For the purposes of section 9(5)(e) of the Act, a corresponding combined alcohol and drug driving offence is declared to be an equivalent offence to a combined alcohol and drug driving offence.

cl 28AA: Ins 2021 No 3, Sch 2.5.

28APersons prescribed as authorised sample takers

For the purposes of paragraph (c) of the definition of authorised sample taker in clause 1(1) of Schedule 3 to the Act, the following persons or classes or descriptions of persons are prescribed as being authorised to take samples for the purposes of that Schedule—

  • (a)

    an enrolled nurse,

  • (b)

    a person employed to work at a hospital (including a hospital as prescribed by clause 29 of this Regulation), whose duties include taking blood samples or other specimens for laboratory testing.

cl 28A: Ins 2014 (856), Sch 1 [1].

29Premises, institutions and establishments prescribed for the purposes of Schedule 3 to Act

(cf STM Reg, cl 128)

Each of the following premises, institutions and establishments are prescribed as hospitals for the purposes of Division 4 of Part 2 of Schedule 3 to the Act and as places to which samples may be taken under Schedule 3 to the Act as referred to in the definition of prescribed place in clause 1(1) of that Schedule—

  • (a)

    the following premises, institutions or establishments of the Royal Australian Air Force—

    • (i)

      Medical Section, No. 1 Central Ammunition Depot, Kingswood,

    • (ii)

      No. 3 RAAF Hospital, RAAF Base, Richmond,

    • (iii)

      Base Medical Flight, RAAF Base, Williamtown,

  • (b)

    the 7th Camp Hospital, Kapooka, of the Australian Army,

  • (c)

    the following premises, institutions or establishments of the Royal Australian Navy—

    • (i)

      Naval Hospital, HMAS Penguin, Balmoral,

    • (ii)

      Sick Bay, HMAS Harman, Canberra, ACT,

    • (iii)

      Sick Bay, HMAS Kuttabul, Garden Island,

    • (iv)

      Sick Bay, HMAS Creswell, Jervis Bay, ACT,

    • (v)

      Naval Hospital, HMAS Albatross, Nowra,

    • (vi)

      Sick Bay, HMAS Watson, Watson’s Bay,

    • (vii)

      Sick Bay, HMAS Waterhen, Waverton.

30Analysis of oral fluid, blood and urine samples—prescribed laboratory

(cf STM Reg, cl 129)

For the purposes of clause 22 and Part 4 of Schedule 3 to the Act, the laboratory at Lidcombe of the NSW Forensic & Analytical Science Service is prescribed.

31Standards for approved oral fluid analysing instruments and testing devices

(cf STM Reg, cl 130B)

(1)

For the purposes of the definition of approved oral fluid analysing instrument in clause 1(1) of Schedule 3 to the Act, the following standard is prescribed—

  • The instrument (when calibrated and operated properly) must be capable of confirming the presence of a prescribed illicit drug in a sample of oral fluid.

(2)

For the purposes of the definition of approved oral fluid testing device in clause 1(1) of Schedule 3 to the Act, the following standard is prescribed—

  • The device (when calibrated and operated properly) must be capable of indicating the presence of a prescribed illicit drug in oral fluid being tested where the concentration of the drug in the fluid is 150 nanograms per millilitre or greater.

cl 31: Am 2014 (856), Sch 1 [2].

Division 3Prescribed traffic control devices32Devices that are prescribed for the purposes of section 121 of Act

(cf STM Reg, cl 131)

(1)

For the purposes of the definition of prescribed traffic control device in section 121 of the Act, the following traffic control devices are prescribed—

  • (a)

    any traffic control device of a kind mentioned in the Road Rules 2014 that has effect for the Rules under rule 315 of the Rules,

    Note—

    See also rules 316–318 of the Road Rules 2014.

  • (b)

    any word, figure, symbol or anything else used on or with a traffic control device referred to in paragraph (a),

  • (c)

    any pay parking device, parking meter or parking ticket machine.

(2)

In this clause—

traffic control device has the same meaning as it has in the Road Rules 2014.

Note—

The Road Rules 2014 define traffic control devices to mean traffic signs, road markings, traffic signals, or other devices, to direct or warn traffic on, entering or leaving a road.

cll 32: Am 2014 (762), Sch 1.

33Offence—preventing traffic control device from being clearly observed

(cf STM Reg, cl 132(1) and (2))

(1)

A person must not (except with the approval of Transport for NSW) place or cause to be placed any matter or thing in such a position as to prevent or be likely to prevent any prescribed traffic control device (within the meaning of section 121 of the Act) from being clearly observed by the driver of any motor vehicle approaching the device along a portion of a road in respect of which the device is installed or displayed.

Maximum penalty—20 penalty units.

Note—

Section 123 of the Act also makes it an offence for a person to install or display (or interfere with, alter or remove) any prescribed traffic control device without appropriate authority.

(2)

If Transport for NSW or a police officer directs a person who has contravened subclause (1) to remove immediately the matter or thing concerned, the person must comply with the direction.

Maximum penalty—20 penalty units.

34Offence—displaying “do not overtake turning vehicle sign” on vehicles less than 7.5 metres long

(cf STM Reg, cl 132(3))

A person (other than a driver) must not cause or permit a motor vehicle to be driven on a road that has exhibited on the rear of the vehicle, or on the rear of a trailer that is attached to the vehicle, a do not overtake turning vehicle sign (as referred to in the Road Rules 2014) unless the vehicle is, or the vehicle and trailer together are, 7.5 metres long or longer.

Maximum penalty—20 penalty units.

Note—

Rule 316–2 of the Road Rules 2014 provides that a driver must not drive a motor vehicle if a do not overtake turning vehicle sign is displayed on the rear of the vehicle or on the rear of a trailer that is attached to the vehicle unless the vehicle is, or the vehicle and trailer together are, 7.5 metres long or longer.

cll 34: Am 2014 (762), Sch 1.

Division 4Approved traffic enforcement devices35Testing and security indicators for approved traffic enforcement devices

(cf STM Reg, cll 156, 156A, 156B and 156D)

(1)

For the purposes of section 137(b) of the Act—

  • (a)

    an approved traffic enforcement device that is approved for speed measurement and is a radar based device of a kind to which the Australian Standard entitled AS 2898.1—2003, Radar speed detection—Functional requirements and definitions applies must be tested for accuracy and functional requirements—

    • (i)

      in accordance with that Standard, or

    • (ii)

      in accordance with the manufacturer’s recommended calibration method, and

  • (a1)

    an approved traffic enforcement device that is approved for speed measurement and is a laser based device of a kind to which the Australian Standard entitled AS 4691.1—2003, Laser-based speed detection devices—Definitions and device requirements applies must be tested for accuracy and functional requirements—

    • (i)

      in accordance with that Standard, or

    • (ii)

      in accordance with the manufacturer’s recommended calibration method, and

  • (b)

    any other approved traffic enforcement devices that are approved for speed measurement must be tested for accuracy and functional requirements in accordance with the manufacturer’s recommended calibration method as approved by the Commissioner of Police or (in the case only of a device that is used in conjunction with, or forms part of, a digital camera device) by Transport for NSW, and

  • (c)

    the prescribed period is 12 months.

(1A)

For the purposes of section 137A(b) of the Act—

  • (a)

    an approved traffic enforcement device that is approved for dimension measurement must be tested for accuracy and functional requirements in accordance with a calibration method approved by Transport for NSW, and

  • (b)

    the prescribed period is 12 months.

(2)

Each of the following is prescribed as a security indicator for the purposes of section 138(1) of the Act—

  • (a)

    a series of 32 characters produced by an MD5 algorithm,

  • (b)

    a series of 48 characters of which 32 characters have been produced by an MD5 algorithm,

  • (c)

    a series of 40 characters produced by a SHA-1 algorithm,

  • (d)

    a series of 56 characters produced by a SHA-224 algorithm,

  • (e)

    a series of 64 characters produced by a SHA-256 algorithm,

  • (f)

    a series of 96 characters produced by a SHA-384 algorithm,

  • (g)

    a series of 128 characters produced by a SHA-512 algorithm.

(3)

The prescribed period for the purposes of section 138(2)(b) of the Act is 90 days.

(4)

For the purposes of this clause, character includes a letter, number or symbol.

cl 35: Am 2017 (617), Sch 1 [1]; 2017 No 61, Sch 4.3; 2019 (132), cl 3.

36Public transport lane offences

(cf STM Reg, cl 156C)

For the purposes of paragraph (b) of the definition of public transport lane offence in section 135(1) of the Act, the following offences are prescribed—

  • (a)

    rule 154(1) of the Road Rules 2014,

  • (b)

    rule 157–1 of the Road Rules 2014.

cll 36: Am 2014 (762), Sch 1.

Division 5Child safety37Schemes to assist children to cross roads

(cf STM Reg, cl 138)

(1)

Transport for NSW may—

  • (a)

    from time to time give authorities for schemes (authorised children’s crossing schemes) designed to assist children to cross roads with safety to be conducted by persons who are desirous of taking part in such schemes and are referred to in such authorities, and

  • (b)

    authorise any person or class of persons by whom such schemes may be conducted to exercise and discharge for the purposes of such schemes the functions specified in such authorities, and

  • (c)

    at any time revoke any such authority.

(2)

Each authorised children’s crossing scheme comes into force on the date specified in the authority for the scheme.

(3)

Any authorised children’s crossing scheme in force under this clause may from time to time be amended or replaced by a subsequent scheme authorised in like manner.

(4)

Any person taking part in the carrying out of any authorised children’s crossing scheme must—

  • (a)

    have attained the age of 18 years, and

  • (b)

    wear any safety vest issued to him or her by Transport for NSW.

(5)

For the purpose of carrying out any authorised children’s crossing scheme, when children are about to use or are on a crossing, any person authorised in that behalf by Transport for NSW—

  • (a)

    may cause to be exhibited at or near the crossing, on each side of the roadway, a hand-held stop sign, or

  • (b)

    cause a barrier to be placed on each side of the crossing across or partly across the roadway.

(6)

A barrier referred to in subclause (5)(b)—

  • (a)

    must be so placed that it is parallel to the crossing and is on that side of the crossing that is nearer to approaching traffic, and

  • (b)

    must be of a type approved by Transport for NSW and must have affixed to it a stop sign in or to the effect of a hand-held stop sign, and

  • (c)

    must be so constructed that when it is placed in position on the roadway any stop sign affixed to it will face and be clearly visible to the driver of any motor vehicle approaching the crossing on the side of the roadway where the barrier is situated.

(7)

In any proceedings in any court, evidence that a hand-held stop sign was exhibited, as prescribed by this clause, by a person at or near a crossing when children were about to use, or were on, any portion of the crossing, is admissible and is prima facie evidence that the exhibition of the sign by such person was authorised.

(8)

In this clause—

crossing means a children’s crossing within the meaning of rule 80 of the Road Rules 2014 or a pedestrian crossing within the meaning of rule 81 of the Road Rules 2014.

hand-held stop sign is a traffic sign of the kind referred to in rule 80 of the Road Rules 2014.

cll 37: Am 2014 (762), Sch 1.

Division 6Seizure of certain vehiclesSubdivision 1Interpretation38Definitions

(cf STM Reg, cl 144)

In this Division—

designated road means any of the following roads (or portions of roads) in Kings Cross in the City of Sydney—

  • (a)

    Amos Lane,

  • (b)

    Barncleuth Square,

  • (c)

    Bayswater Road, between Ward Avenue and Roslyn Street,

  • (d)

    Brougham Street,

  • (e)

    Earl Place,

  • (f)

    Hughes Street,

  • (g)

    Kings Cross Road,

  • (h)

    Manning Street,

  • (i)

    McDonald Street,

  • (j)

    Orwell Street,

  • (k)

    Rockwall Crescent,

  • (l)

    Tusculum Street,

  • (m)

    Victoria Street.

enforcement officer means the general manager of the Council of the City of Sydney or an employee of that Council authorised by the general manager to be an enforcement officer for the purposes of Subdivision 3.

general manager means the general manager of the Council of the City of Sydney.

officer-in-charge means the officer-in-charge of the place at which the vehicle is kept or impounded under Subdivision 2.

Subdivision 2Seizure of vehicles by police officers39When police officers may seize motor vehicles or trailers

(cf STM Reg, cl 145)

(1)

A police officer may seize and take charge of, and remove or tow away or cause to be removed or towed away, any motor vehicle or trailer—

  • (a)

    that is a danger or unreasonable obstruction to traffic, or

  • (b)

    that has been abandoned on a road, or

  • (c)

    that has been caused or permitted to be used contrary to law on any part of a road in which is conspicuously displayed a sign exhibiting or including the words “tow away area” or “vehicles impounded” or other words indicating that the vehicle is subject to seizure.

(2)

Before seizing a motor vehicle or trailer, the police officer must—

  • (a)

    if no person is in charge of the vehicle—make reasonable inquiry for the purpose of locating the responsible person for or driver of the vehicle, and

  • (b)

    if on such inquiry the responsible person for or driver of the vehicle is located—request the responsible person for the vehicle or driver to remove the vehicle or cause it to be removed immediately and give the responsible person or driver a reasonable opportunity to comply with the request, and

  • (c)

    if any person is in charge of the vehicle—request the person to remove the vehicle or cause it to be removed immediately and give the person a reasonable opportunity to comply with the request.

(3)

The inquiry referred to in subclause (2)(a) must be made in the vicinity of the place where the vehicle is found. However, nothing in that paragraph authorises or requires a police officer to enter any building for the purpose of the inquiry.

40Where seized vehicle to be kept

(cf STM Reg, cl 146)

Any motor vehicle or trailer so removed or towed away may be kept or impounded at any place appointed or set apart by the Commissioner of Police for the purpose.

41Commissioner of Police to notify responsible person of seizure

(cf STM Reg, cl 147)

On seizure of a motor vehicle or trailer under this Subdivision, the Commissioner of Police must—

  • (a)

    if the name and address of the responsible person for the vehicle are recorded at the office of Transport for NSW in respect of the registration (if any) of the vehicle—send or cause to be sent to such person a notice setting out particulars of the time, date and place of the seizure and the place where the vehicle is kept or impounded within a period of 14 days after the seizure, or

  • (b)

    if the name and address of the responsible person for the vehicle are not so recorded—

    • (i)

      if the responsible person for the vehicle can, after reasonable inquiry, be located—send or cause to be sent to the responsible person a notice setting out the particulars referred to in paragraph (a) within a period of 14 days after the seizure, or

    • (ii)

      if the responsible person for the vehicle cannot, after reasonable inquiry, be located—cause a notice setting out the like particulars referred to in paragraph (a) to be published in a newspaper circulating in the area in which the vehicle is seized.

42Conditions for release of a seized vehicle

(cf STM Reg, cl 148)

(1)

Except in the case of a motor vehicle or trailer that is dealt with under subclause (2), the following conditions are to be observed before the release of a motor vehicle or trailer kept or impounded under this Subdivision—

  • (a)

    application for the release must be made by the responsible person for the motor vehicle or trailer or by a person acting for or on behalf of the responsible person to an officer-in-charge,

  • (b)

    the applicant must furnish evidence as to the responsible person for the motor vehicle or trailer to the satisfaction of the officer-in-charge,

  • (c)

    the motor vehicle or trailer must not be released from custody unless—

    • (i)

      the officer-in-charge is satisfied that the applicant is the responsible person for the motor vehicle or trailer or that the applicant possesses authority to act for or on behalf of the responsible person, and

    • (ii)

      the appropriate amount fixed by the Commissioner of Police as the amount payable in respect of the seizure, taking charge of, removal, towing away, keeping, impounding or releasing of the motor vehicle or trailer has been paid to the officer-in-charge, and

    • (iii)

      the applicant has signed a receipt for the delivery of the motor vehicle or trailer on a form supplied to the applicant by the officer-in-charge.

(2)

If, within a period of 3 months after the date on which the motor vehicle or trailer has been seized, the responsible person has failed to claim the motor vehicle or trailer and to pay the amount referred to in subclause (1)(c)(ii), the motor vehicle or trailer may, after the expiration of the period, be disposed of or destroyed in accordance with the directions of the Commissioner of Police.

Subdivision 3Seizure of vehicles by council employees in Kings Cross area43When council employees may seize motor vehicles or trailers

(cf STM Reg, cl 149)

(1)

An enforcement officer may seize and take charge of, and remove or tow away or cause to be removed or towed away, any motor vehicle or trailer that has been caused or permitted to be used contrary to law in any part of a designated road in which is conspicuously displayed a sign exhibiting or including the words “tow away area” or “vehicles impounded” or other words indicating that the vehicle is subject to seizure.

(2)

Before seizing a motor vehicle or trailer, the enforcement officer must—

  • (a)

    if no person is in charge of the vehicle—make reasonable inquiry for the purpose of locating the responsible person for or driver of the vehicle, and

  • (b)

    if on such inquiry the responsible person for or driver of the vehicle is located—request the responsible person for the vehicle or driver to remove the vehicle or cause it to be removed immediately and give the responsible person or driver a reasonable opportunity to comply with the request, and

  • (c)

    if any person is in charge of the vehicle—request the person to remove the vehicle or cause it to be removed immediately and give the person a reasonable opportunity to comply with the request.

(3)

The inquiry referred to in subclause (2)(a) is to be made in the vicinity of the place where the vehicle is found. However, nothing in that paragraph authorises or requires an enforcement officer to enter any building for the purpose of the inquiry.

44Where seized vehicle to be kept

(cf STM Reg, cl 150)

Any motor vehicle or trailer so removed or towed away may be kept or impounded at any place appointed or set apart by the Commissioner of Police for the purpose.

45Enforcement officer to notify TfNSW

(cf STM Reg, cl 151)

(1)

As soon as practicable after the seizure of a motor vehicle or trailer, the enforcement officer must—

  • (a)

    give Transport for NSW notice of the seizure containing a description of the vehicle to which it relates (including particulars on any registration label and number-plate attached to the vehicle and any identification number stamped on or applied to the engine), and

  • (b)

    request Transport for NSW to supply to the enforcement officer any particulars known or available to Transport for NSW of the name and address of the responsible person for the vehicle.

(2)

Transport for NSW is to give the enforcement officer the requested particulars within 3 business days after receipt of the notice.

cl 45: Am 2020 No 30, Sch 4.87[3].

46Enforcement officer to notify responsible person of seizure

(cf STM Reg, cl 152)

(1)

If the name and address of the responsible person for the vehicle are supplied by Transport for NSW, the enforcement officer must, within a period of 14 days after the seizure, send or cause to be sent to the responsible person a notice setting out particulars of the time, date and place of the seizure and the place where the vehicle is kept or impounded.

(2)

If the name and address of the responsible person for the vehicle are not so supplied, the enforcement officer must—

  • (a)

    if the responsible person for the vehicle can, after reasonable inquiry, be located—send or cause to be sent to the responsible person a notice setting out the particulars set out in clause 45(1)(a) within a period of 14 days after the seizure, and

  • (b)

    if the responsible person for the vehicle cannot, after reasonable inquiry, be located—cause a notice setting out those particulars to be published in a newspaper circulating in the City of Sydney.

47Applications for the release of seized vehicles

(cf STM Reg, cl 153)

(1)

Application for the release of a motor vehicle or trailer kept or impounded under this Subdivision is to be made by the responsible person for the motor vehicle or trailer or by a person acting for or on behalf of the responsible person to the general manager at an office of the Council of the City of Sydney during office hours on a business day.

(2)

The application is to be dealt with by the general manager or by some other enforcement officer designated by the general manager.

(3)

The applicant is to furnish evidence as to the responsible person for the motor vehicle or trailer to the satisfaction of the enforcement officer to whom the application is made.

(4)

The motor vehicle or trailer is not to be released from custody unless—

  • (a)

    the enforcement officer dealing with the application is satisfied that the applicant is the responsible person for the motor vehicle or trailer or that the applicant possesses authority to act for or on behalf of the responsible person, and

  • (b)

    any amount payable under a penalty notice served on the responsible person in respect of an offence against this Regulation of stopping or parking the motor vehicle or trailer (or of causing or permitting the motor vehicle or trailer to stop, wait or park) in that portion of the designated road from which the motor vehicle or trailer was removed or towed away has been paid, and

  • (c)

    the appropriate amount fixed by Transport for NSW as the amount payable in respect of the seizure, taking charge of, removal, towing away, keeping, impounding or releasing of the motor vehicle or trailer has been paid to the enforcement officer to whom the application is made, and

  • (d)

    the applicant has signed a receipt for the delivery of the motor vehicle or trailer on a form supplied to the applicant by the enforcement officer to whom the application is made.

(5)

If, within a period of 3 months after the date on which the motor vehicle or trailer has been seized, the responsible person has failed to claim the motor vehicle or trailer and to pay the appropriate amount, the motor vehicle or trailer may, after the expiration of the period, be disposed of or destroyed in accordance with the directions of the general manager or the Council of the City of Sydney.

(6)

For the purposes of subclause (4)(b), an amount is not to be taken to be payable under a penalty notice unless the requirements of Part 3 of the Fines Act 1996 have been complied with.

Division 7Impounded vehicles48Impounding fee

(cf Gen Reg, cl 36)

For the purposes of section 250(1) of the Act, the prescribed fee for storage of an impounded vehicle is the fee prescribed by Schedule 1.

49Towing fee for impounded vehicles

(cf Gen Reg, cl 37)

(1)

A fee is payable to the Commissioner of Police by the responsible person for a vehicle that is towed under section 239 or 242 of the Act, except as otherwise provided by this clause.

(2)

The fee payable is whichever is the lesser of the following—

  • (a)

    the actual cost of towing the vehicle,

  • (b)

    the maximum charge for the time being determined under section 54 of the Tow Truck Industry Act 1998 (including any surcharge chargeable, in the circumstances of the case, in accordance with a determination under that section) for—

    • (i)

      in the case of the Sydney metropolitan area—a 50-kilometre tow, or

    • (ii)

      in any other case—a 100-kilometre tow.

(3)

A fee is not payable under this clause (and if paid, is refundable) unless—

  • (a)

    a person is convicted of the sanctionable offence within the meaning of Part 7.6 of the Act, or

  • (b)

    a penalty notice, issued under Division 3 of Part 7.3 of the Act in relation to the alleged offence, is dealt with by payment of the penalty prescribed under that Division or by a penalty notice enforcement order under the Fines Act 1996 that is made, or is taken to have been made, against the person and that is not subsequently quashed or set aside.

(4)

A fee is not payable under this clause by the responsible person for the vehicle if the person furnishes the Commissioner of Police with a statutory declaration stating—

  • (a)

    that the offence concerned was not committed with the responsible person’s consent, and

  • (b)

    that the responsible person did not know, and could not reasonably be expected to have known, that the vehicle would be used for the commission of the offence, and

  • (c)

    that—

    • (i)

      at the time of the offence, the vehicle was being driven by a person whose name and address are supplied in the declaration, or

    • (ii)

      the responsible person does not know and could not with reasonable diligence have ascertained the name and address of the person who was driving the vehicle at that time.

(5)

A fee that, by virtue of subclause (4), is not payable by the responsible person for the vehicle is payable by the person driving the vehicle at the time of the relevant offence.

(6)

A statutory declaration referred to in subclause (4) that is produced in any proceedings for recovery of a fee under this clause from the driver of a vehicle that alleges that any person was the driver of the vehicle at the time of the offence is evidence of the driver’s identity (unless evidence to the contrary is adduced).

(7)

A court—

  • (a)

    before which proceedings for an alleged sanctionable offence within the meaning of Part 7.6 of the Act are brought, or

  • (b)

    to which application is made under section 249 of the Act following the impounding of a vehicle for an alleged offence,

that finds the offence proven may, for reasons of the avoidance of any undue hardship to any person or other injustice perceived by the court, by order direct that the fee prescribed by subclause (2) in relation to the towing of a vehicle in connection with the alleged offence be reduced by such amount as the court may specify or that, in the circumstances of the case, no fee is payable.

(8)

The Commissioner of Police is to give notice of any fee payable under this clause to the responsible person for the vehicle concerned and, except as otherwise provided by this Regulation, the fee is due and payable 14 days after the notice is given.

50Disposal of impounded vehicles or vehicles forfeited to the Crown

(cf Gen Reg, cl 38)

(1)

If a vehicle that was impounded under section 239, 242 or 245 of the Act has not been released, in accordance with Part 7.6 of the Act, at the end of the period for which it was liable to be impounded, the Commissioner of Police may, by notice served personally or by post on the registered operator of the vehicle and on every person having a registered interest (as defined in section 237 of the Act), warn the operator and every such person that the vehicle is liable to be offered for sale unless appropriate steps are taken to procure the release of the vehicle.

(2)

For the purposes of section 252 of the Act, a vehicle that has been forfeited to the Crown under section 243 or 245 of the Act, or that remains duly impounded for 28 days after service of notices referred to in subclause (1), may be offered for sale, except as provided by subclause (3) or by the order of any court.

(3)

A vehicle may not be offered for sale while any application under section 249 of the Act, or any subsequent proceedings arising out of such an application, are pending.

(4)

At any time within 12 months after a vehicle has been sold in accordance with this Regulation, a person may apply to the Commissioner of Police for payment to the person of the balance of the proceeds of sale of the vehicle, after deduction of any movement, towing and storage fees payable under the Act and the reasonable costs of or incidental to the sale.

(5)

The balance of the proceeds of sale may be paid by the Commissioner of Police to any applicant who satisfies the Commissioner, on such evidence as the Commissioner may reasonably require, that—

  • (a)

    the applicant was lawfully entitled to the vehicle immediately before its sale, and

  • (b)

    there was a reasonable excuse for the applicant’s failure to obtain the release of the vehicle before it was sold.

Part 3AMass, dimension and load requirements for light vehicles and light combinationsDivision 1Preliminary

pt 3A, div 1 (cll 50A–50C): Ins 2015 (449), Sch 1 [5].

50AApplication of Part(1)

This Part applies to a light vehicle or light combination on a road only.

(2)

This Part does not apply to a light vehicle or light combination that is used only on a railway or tramway.

pt 3A, div 1 (cll 50A–50C): Ins 2015 (449), Sch 1 [5].

50BDefinitions

In this Part—

added load means the moveable load carried by a vehicle.

axle load means the total load, determined in accordance with clause 50U, transmitted to the road by all wheels of a vehicle that are mounted on an axle.

laden mass means the mass of a vehicle and its load borne on the surface on which it is standing or running.

load-carrying, in relation to a vehicle or combination, means a vehicle or combination that is carrying, or is built to carry, a load.

loaded mass means the mass of a vehicle and its added load.

total mass, in relation to a load-carrying vehicle or combination, means the loaded mass of the vehicle or combination and, in relation to a non load-carrying vehicle or combination, means the mass of that vehicle or combination together with—

  • (a)

    all the goods, passengers and drivers in or on the vehicle or combination, and

  • (b)

    all fuel, water, lubricants and readily removable equipment carried in or on the vehicle or combination and required for its normal operation, and

  • (c)

    personal items used by a driver of the vehicle or combination, and

  • (d)

    anything that is normally removed from the vehicle or combination when not in use.

vehicle includes the vehicle’s equipment and any substances that the vehicle is carrying that are essential for its operation.

wheel includes a group of wheels that are mounted on an axle and are on one side of the longitudinal centreline of the vehicle.

pt 3A, div 1 (cll 50A–50C): Ins 2015 (449), Sch 1 [5].

50CUse of vehicle in contravention of dimension, mass or load restraint requirements(1)

A person must not drive, or cause to be driven, along a road a light vehicle or light combination that contravenes any of the dimension, mass or load restraint requirements imposed by this Part otherwise than in accordance with a permit issued under clause 50N.

Maximum penalty—30 penalty units.

(2)

In this clause, dimension requirement, mass requirement and load restraint requirement have the same meanings as in clause 7 of Schedule 1 to the Act.

pt 3A, div 1 (cll 50A–50C): Ins 2015 (449), Sch 1 [5].

Division 2Mass limits for certain motor lorries and certain trailers

pt 3A, div 2: Ins 2015 (449), Sch 1 [5].

50DDefinitions

In this Division—

existing motor lorry means a motor lorry for which a New South Wales registration was in force on 1 January 1995 (as long as that registration has continued in force from that day without a break, including continuation by renewal or re-issue of the registration).

visiting motor lorry means a vehicle temporarily in New South Wales that is a motor lorry.

cll 50D–50J: Ins 2015 (449), Sch 1 [5].

50EApplication of Division(1)

This Division applies to motor lorries (including articulated vehicles), but does not apply to any of the following—

  • (a)

    a caravan,

  • (b)

    a station wagon,

  • (c)

    a trailer, which weighs not more than 250 kilograms when unladen, that is used principally or solely for carrying camping equipment, a boat or other materials used in connection with tours for recreational purposes and that is not used in the course of trade or business,

  • (d)

    an excavator, road grader, road roller, bulldozer, or other machinery or apparatus, that cannot carry a load (other than any tools, spare parts, fuel, water, oil, or other accessories, used in connection with the vehicle).

(2)

Nothing in this Division authorises a person to drive or use a motor lorry, or cause a motor lorry to be driven or used, in contravention of any provision of the Act or the statutory rules.

cll 50D–50J: Ins 2015 (449), Sch 1 [5].

50FMass limit not to be exceeded(1)

A person must not drive a motor lorry on a road if the total mass of the motor lorry exceeds the lorry’s mass limit.

(2)

A person does not contravene this clause if—

  • (a)

    the motor lorry is driven in accordance with the prior written permission of Transport for NSW and any conditions set out in the document containing the permission, and

  • (b)

    a copy of that document is carried by the driver of the motor lorry when driving the lorry otherwise than in accordance with subclause (1).

cll 50D–50J: Ins 2015 (449), Sch 1 [5].

50GMass limits to be marked on motor lorries over 2 tonnes (except trailers)(1)

A person must not drive a motor lorry on a road unless the lorry is marked in accordance with this clause. However, this clause does not apply to a lorry that has an unladen mass of 2 tonnes or less or that is a trailer.

Maximum penalty—20 penalty units.

(2)

A motor lorry (except a motor lorry to which subclause (3) or (4) applies) is marked in accordance with this clause if—

  • (a)

    the word “Tare” or the letter “T”, followed by the unladen mass (in kilograms) of the lorry, is displayed on the right hand side or off-side of the lorry, and

  • (b)

    there are displayed immediately under that matter the words “gross vehicle mass” or letters “GVM” (or, in the case of an articulated vehicle, the words “gross combination mass” or letters “GCM”) followed by the mass limit in kilograms that applies to the lorry, and

  • (c)

    the displayed matter is displayed in numerals, and block letters, at least 50 millimetres high, and clearly legible at a distance of 5 metres.

(3)

An existing motor lorry (except one for which a mass limit has been determined under clause 50J) is marked in accordance with this clause if—

  • (a)

    the word “Tare” or the letter “T”, followed by the unladen mass (in kilograms) of the lorry, is displayed on the right hand side or off-side of the lorry, and

  • (b)

    the word “Aggregate” or the letter “A” is displayed immediately under that matter, followed by the mass limit in kilograms that applies to the lorry, and

  • (c)

    the displayed matter is displayed in numerals, and block letters, at least 50 millimetres high, and clearly legible at a distance of 5 metres.

(4)

A visiting motor lorry is marked in accordance with this clause if its tare mass and maximum laden mass are displayed in accordance with the law for the time being in force in the State or Territory where the lorry is registered.

cll 50D–50J: Ins 2015 (449), Sch 1 [5].

50HMass limits for motor lorries (except existing motor lorries)(1)

For the purposes of this Division, the mass limit of a motor lorry (except an existing motor lorry) is—

  • (a)

    in the case of an articulated vehicle—the GCM of the motor lorry, and

  • (b)

    in any other case—the GVM of the motor lorry.

(2)

For the purposes of subclause (1), the GCM or GVM of a motor lorry that has not been altered since manufacture is the mass recorded for that type of motor lorry by Transport for NSW as the GCM or GVM, respectively.

(3)

However, if Transport for NSW has not recorded a GCM for a type of motor lorry that is an articulated vehicle, but Transport for NSW has recorded a GVM for its type of prime mover as a standard table top motor lorry, for the purposes of subclause (1) the GCM of the articulated vehicle (if unaltered since manufacture) is 1.67 times the GVM recorded for that type of standard table top motor lorry.

(4)

In the case of a motor lorry (except an existing motor lorry) that has been altered since manufacture or that has not been altered since manufacture but to which no mass limit applies under subclause (2) or (3), the mass limit of the lorry is that determined under clause 50J (or, in the case of a visiting motor lorry, in accordance with the law for the time being in force in the State or Territory where the lorry is registered).

cll 50D–50J: Ins 2015 (449), Sch 1 [5].

50IMass limits for existing motor lorries(1)

For the purposes of this Division, the mass limit of an existing motor lorry is its aggregate weight, taken as the aggregate weight that was in force for the lorry immediately before 1 January 1995 under Regulation 120A of the Motor Traffic Regulations 1935 (as in force immediately before that date).

(2)

However, if since that aggregate weight was determined, the lorry has been altered (whether before, on or after 1 January 1995), the mass limit of the lorry is to be the mass limit determined under clause 50J.

cll 50D–50J: Ins 2015 (449), Sch 1 [5].

50JDetermination of different mass limits(1)

Transport for NSW may determine a mass limit for a motor lorry (except a visiting motor lorry)—

  • (a)

    if the lorry is not an existing motor lorry and no mass limit applies to the lorry under clause 50H(2) or (3), or

  • (b)

    if the lorry is an existing motor lorry and has been altered as referred to in clause 50I(2), or

  • (c)

    if the mass limit of the motor lorry applying under an earlier determination under this clause is no longer in accordance with the safe working limits of the motor lorry (for example, if the lorry has been altered since that determination was made), or

  • (d)

    on application by the owner of the motor lorry if Transport for NSW is satisfied that the safe loading limits of the motor lorry have been altered.

(2)

A determination under this clause must be based on the construction and componentry of the lorry.

(3)

Transport for NSW must notify the owner of a motor lorry of any determination made in respect of the lorry or any refusal by Transport for NSW of an application by the owner under subclause (1)(d).

(4)

A determination under this clause takes effect when notice of it is served by Transport for NSW on the owner of the motor lorry or from a later date specified in the notice.

cll 50D–50J: Ins 2015 (449), Sch 1 [5].

50KTfNSW may require information or certificate(1)

Transport for NSW may, by written notice to the owner of a motor lorry, require the owner to provide Transport for NSW within a period specified in the notice with the information in respect of the motor lorry or its equipment that is specified in the notice.

(2)

If Transport for NSW determines a mass limit for a motor lorry under clause 50J, it may require the owner of the lorry to forward to Transport for NSW the certificate of registration of the lorry for endorsement (or cancellation and re-issue) under this clause.

(3)

Transport for NSW may endorse on a certificate of registration of a motor lorry (or cancel and re-issue a certificate with) a mass limit determined by Transport for NSW under clause 50J. Transport for NSW is to forward the certificate to the owner once it has so endorsed or re-issued it.

(4)

An owner of a motor lorry must not fail to comply with a requirement under this clause without reasonable excuse.

Maximum penalty—20 penalty units.

cl 50K: Ins 2015 (449), Sch 1 [5]. Am 2020 No 30, Sch 4.87[3].

Division 3Dimension requirements

pt 3A, div 3: Ins 2015 (449), Sch 1 [5].

50LProjection of loading or equipment of vehicles(1)

A person must not drive on a road—

  • (a)

    a motor vehicle (not being a motor bike or a mobile crane that is 9.5 metres or less in length) if the loading or equipment on the vehicle or any trailer drawn by the vehicle—

    • (i)

      projects more than 1.2 metres in front of the headlights of the motor vehicle if the motor vehicle is not a mobile crane, or

    • (ii)

      projects more than 3.5 metres in front of the steering wheel of the motor vehicle if the motor vehicle is a mobile crane, or

    • (iii)

      in the case of a vehicle not exceeding 9.5 metres in length or a trailer, projects more than 1.2 metres to the rear of the motor vehicle or trailer, except as provided by subclause (2), or

    • (iv)

      in the case of a vehicle exceeding 9.5 metres in length, projects to the rear of the vehicle beyond a point that is 4 metres from the rear overhang line, or

    • (v)

      projects more than 150 millimetres beyond the extreme outer portion of either side of the vehicle or trailer, but nothing in this subparagraph applies to any rear vision mirror, signalling device, side mounted lamp or tyre pressure monitoring system permitted by the Road Transport (Vehicle Registration) Regulation 2017 to be fitted to the vehicle, or

  • (b)

    a motor bike without a sidecar attached if any loading or equipment on the motor bike projects more than 150 millimetres in front of the outer extremity of the front wheel or more than 300 millimetres behind the outer extremity of the rear wheel or the loading projects beyond the extreme outer portion of the cycle on either side, or

  • (c)

    a motor bike with a sidecar attached if—

    • (i)

      any part of the vehicle or its loading or equipment projects more than 600 millimetres in front of the outer extremity of the front wheel or more than 900 millimetres behind the outer extremity of the rear wheel of the motor bike, or

    • (ii)

      the loading projects beyond the extreme outer portion of the vehicle on either side, or

  • (d)

    an articulated vehicle first registered on or after 1 January 1960, not being a vehicle to which a pole-type trailer is attached, if any part of the semi-trailer or its loading or equipment projects more than 1.9 metres radially forward of the axis of the pivot pin, or

  • (e)

    an articulated vehicle that exceeds 19 metres in length, or

  • (f)

    a motor vehicle and trailer combination that exceeds 19 metres in length.

(2)

It is not a contravention of subclause (1)(a)(iii) for any loading or equipment to project more than 1.2 metres to the rear of a motor vehicle or any trailer drawn by the vehicle if—

  • (a)

    the overall length of the vehicle or of the combination of vehicle and trailer, together with the loading or equipment on it, is within the relevant limit fixed by the Light Vehicle Standards Rules, and

  • (b)

    there is carried at the extreme rear of the loading or equipment a red flag or other suitable object, in either case not less than 300 millimetres square, and the flag or object is kept clearly visible as a warning to persons on the roadway in the near vicinity of the vehicle or trailer, and

  • (c)

    between the hours of sunset and sunrise or when there is insufficient daylight to render a person dressed in dark clothing clearly discernible at a distance of 100 metres, there is affixed at the extreme rear of the loading or equipment—

    • (i)

      a lighted lamp showing a clear red light to the rear, visible under normal atmospheric conditions at a distance of 200 metres, or

    • (ii)

      not less than two reflectors capable of projecting a red reflection of light from the light of any following vehicle.

(3)

For the purpose of subclauses (1)(a)(iii) and (2), equipment includes the pole of a pole-type trailer.

(4)

If any portion of the loading or equipment of a motor vehicle or of any trailer drawn by the vehicle projects in a manner so that it would not be readily visible to any person following immediately behind the vehicle, the driver of the vehicle must—

(5)

In this clause—

new Act means the Road Transport Act 2013.

transitional period means the period of 15 months commencing on the repeal day.

Table

Road Transport (General) Act 2005

1

A direction or authorisation for use under Division 3 of Part 3.3 of the Road Transport (General) Act 2005.

2

An improvement notice for use under Division 2 of Part 3.5 of the Road Transport (General) Act 2005.

3

A formal warning for use under Division 3 of Part 3.5 of the Road Transport (General) Act 2005.

4

An amendment to any direction or conditions for use under section 129 of the Road Transport (General) Act 2005.

5

A direction for use under Division 5 of Part 4.2 of the Road Transport (General) Act 2005.

6

A suspension notice for use under Division 4 of Part 5.4 of the Road Transport (General) Act 2005.

7

A production notice, confiscation notice, certificate, receipt or search warrant for use under Division 2 of Part 5.5 of the Road Transport (General) Act 2005.

Road Transport (General) Regulation 2005

8

A notice for use under clause 38 of the Road Transport (General) Regulation 2005.

Road Transport (Safety and Traffic Management) Act 1999

9

A written statement for use under section 15(3) of the Road Transport (Safety and Traffic Management) Act 1999.

10

A certificate, label or notification for use under Part 2 of the Road Transport (Safety and Traffic Management) Act 1999.

11

A document included with testing kits for use under Part 2 of the Road Transport (Safety and Traffic Management) Act 1999.

12

An approval, condition, certificate or notice for use under Part 3 of the Road Transport (Safety and Traffic Management) Act 1999.

13

A notice for use under Division 2 of Part 5 of the Road Transport (Safety and Traffic Management) Act 1999.

Road Transport (Safety and Traffic Management) Regulation 1999

14

A notice, application or receipt for use under Division 2 of Part 12 of the Road Transport (Safety and Traffic Management) Regulation 1999.

Road Transport (Vehicle Registration) Act 1997

15

A condition, permit or notice for use under section 8 of the Road Transport (Vehicle Registration) Act 1997.

16

A warning label for use under Part 2AA of the Road Transport (Vehicle Registration) Act 1997.

17

A warning notice, defect notice, condition or prohibition for use under section 26 of the Road Transport (Vehicle Registration) Act 1997.

3Authorised officers

A person who, immediately before the commencement of the amendments made to this Regulation by the Fines Amendment Act 2013, was authorised by the Chief Commissioner of State Revenue for the purposes of the definition of Class 1 officer in Schedule 4 is taken, on the commencement, to be authorised for the purposes of that definition by the Commissioner of Fines Administration.

4Use of existing evidence certificate forms by analysts(1)

A form of evidence certificate that was prepared in accordance with former clause 36(5) of Schedule 3 to the Act before the relevant day so that it could be used under that clause when completed—

  • (a)

    is taken to be, and is to be construed as, a form of evidence certificate prepared in accordance with new clause 36(5) of Schedule 3 to the Act, and

  • (b)

    may, during the transitional period, be completed in accordance with and used under that clause.

(2)

In this clause—

former clause 36(5) of Schedule 3 to the Act means clause 36(5) as in force immediately before the relevant day.

new clause 36(5) of Schedule 3 to the Act means clause 36(5) as amended by the Road Transport Amendment (Alcohol and Drug Testing) Act 2014.

relevant day means 1 February 2015 (being the day on which the Road Transport Amendment (Alcohol and Drug Testing) Act 2014 commences).

transitional period means the period of 12 months commencing on the relevant day.

5Road Transport (Mass, Loading and Access) Regulation 2005—savings

Any act, matter or thing that, immediately before the repeal of the Road Transport (Mass, Loading and Access) Regulation 2005, had effect under a provision of that Regulation continues to have effect under any provision of this Regulation that corresponds (or substantially corresponds) with the provision of the repealed Regulation.

sch 6: Ins 2013 (345), Sch 1 [2]. Am 2013 No 82, Sch 2.15 [3]; 2014 (358), cl 3; 2014 (856), Sch 1 [3]; 2015 (449), Sch 1 [11].

Historical notesTable of amending instruments

Road Transport (General) Regulation 2013 (367). Enacted as Sch 3 to the Road Transport (Statutory Rules) Act 2013. Date of commencement, 1.7.2013, cl 2 and 2013 (329) LW 28.6.2013. This Regulation has been amended as follows—

2013

(219)

Road Transport Legislation Amendment (Fees, Penalty Levels and Charges) Regulation 2013. LW 17.5.2013.

Date of commencement, 1.7.2013, cl 2 (a).

(345)

Road Transport (General) Amendment (Documentation) Regulation 2013. LW 28.6.2013.

Date of commencement, 1.7.2013, cl 2.

No 56

Police Legislation Amendment (Special Constables) Act 2013. Assented to 23.8.2013.

Date of commencement, 1.12.2014, sec 2 and 2014 (750) LW 28.11.2014.

No 71

Heavy Vehicle (Adoption of National Law) Amendment Act 2013. Assented to 24.9.2013.

Date of commencement of Sch 2.4 [1]–[9] and [11]–[18], 10.2.2014, sec 2 (1) and 2014 (24) LW 7.2.2014; date of commencement of Sch 2.4 [10], assent, sec 2 (2).

No 82

Fines Amendment Act 2013. Assented to 29.10.2013.

Date of commencement, 1.12.2013, sec 2.

2014

(138)

Road Amendment (Sirens and Prohibited Lights) Rules 2014. LW 21.3.2014.

Date of commencement, on publication on LW, rule 2.

(263)

Road Transport (General) Amendment (Northern Sydney Local Health District) Regulation 2014. LW 16.5.2014.

Date of commencement, on publication on LW, cl 2.

(293)

Road Transport Legislation Amendment (Fees, Penalty Levels and Charges) Regulation 2014. LW 30.5.2014.

Date of commencement, 1.7.2014, cl 2.

(358)

Road Transport (General) Amendment (Enforcement Documents) Regulation 2014. LW 13.6.2014.

Date of commencement, on publication on LW, cl 2.

(369)

Road Transport (General) Amendment (Penalty Notice Offences) Regulation 2014. LW 13.6.2014.

Date of commencement, on publication on LW, cl 2.

(383)

Road Transport Legislation Amendment (Lane Use by Motor Bikes) Regulation 2014. LW 23.6.2014.

Date of commencement, 1.7.2014, cl 2.

(499)

Road Transport (General) Amendment (Hunter Development Corporation) Regulation 2014. LW 8.8.2014.

Date of commencement, on publication on LW, cl 2.

(567)

Road Amendment (Miscellaneous) Rules 2014. LW 29.8.2014.

Date of commencement, 1.9.2014, rule 2.

No 88

Statute Law (Miscellaneous Provisions) Act (No 2) 2014. Assented to 28.11.2014.

Date of commencement of Sch 2, 8.1.2015, sec 2 (1).

(761)

Road Transport (General) Amendment (Unregistered Trailers) Regulation 2014. LW 28.11.2014.

Date of commencement, on publication on LW, cl 2.

(762)

Road Transport Legislation Amendment (Road Rules) Regulation 2014. LW 28.11.2014.

Date of commencement, 1.12.2014, cl 2.

(856)

Road Transport (General) Amendment (Drug and Alcohol Testing) Regulation 2014. LW 19.12.2014.

Date of commencement, 1.2.2015, cl 2.

2015

(3)

Road Transport (Driver Licensing) Amendment (Mandatory Alcohol Interlock Program) Regulation 2015. LW 2.1.2015.

Date of commencement, 1.2.2015, cl 2.

(49)

Road Transport (General) Amendment (Parking at University of Wollongong) Regulation 2015. LW 6.2.2015.

Date of commencement, on publication on LW, cl 2.

(207)

Road Transport (General) Amendment (Mid North Coast Local Health District) Regulation 2015. LW 15.5.2015.

Date of commencement, on publication on LW, cl 2.

(225)

Road Transport Legislation Amendment (Fees, Penalty Levels and Charges) Regulation 2015. LW 22.5.2015.

Date of commencement, 1.7.2015, cl 2.

(332)

Road Transport Legislation Amendment (Dimension Requirement Offences) Regulation 2015. LW 26.6.2015.

Date of commencement, 30.6.2015, cl 2.

No 15

Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015.

Date of commencement of Sch 4, 1.8.2015, sec 2 (4).

(449)

Road Transport (General) Amendment (Mass, Loading and Access) Regulation 2015. LW 7.8.2015.

Date of commencement, 1.9.2015, cl 2.

(625)

Road Transport (General) Amendment (Charles Sturt University) Regulation 2015. LW 16.10.2015.

Date of commencement, on publication on LW, cl 2.

(626)

Road Transport (General) Amendment (TAFE Commission) Regulation 2015. LW 16.10.2015.

Date of commencement, on publication on LW, cl 2.

(627)

Road Transport Legislation Amendment (Release of Stored Photographs) Regulation 2015. LW 16.10.2015.

Date of commencement, on publication on LW, cl 2.

(628)

Road Transport (Vehicle Registration) Amendment (Auxiliary Number-plates) Regulation 2015. LW 16.10.2015.

Date of commencement, 1.12.2015, cl 2.

(720)

Road Transport (General) Amendment (Parking at University of Western Sydney) Regulation 2015. LW 27.11.2015.

Date of commencement, on publication on LW, cl 2.

2016

(106)

Road Transport (General) Amendment (Authorised Officers) Regulation 2016. LW 26.2.2016.

Date of commencement, on publication on LW, cl 2.

(107)

Road Transport Legislation Amendment (Bicycle Riders) Regulation 2016. LW 26.2.2016.

Date of commencement, 1.3.2016, cl 2.

No 27

Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016.

Date of commencement of Sch 3, 8.7.2016, sec 2 (1).

(345)

Road Transport Legislation Amendment (Fees, Penalty Levels and Charges) Regulation 2016. LW 24.6.2016.

Date of commencement, 1.7.2016, cl 2.

2017

(156)

Road Transport Legislation Amendment (Penalties for Over-length Bus Offences) Regulation 2017. LW 24.4.2017.

Date of commencement, on publication on LW, cl 2.

(246)

Road Transport Legislation Amendment (Fees, Penalty Levels and Charges) Regulation 2017. LW 9.6.2017.

Date of commencement, 1.7.2017, cl 2.

(451)

Road Transport (Vehicle Registration) Regulation 2017. LW 25.8.2017.

Date of commencement, 1.9.2017, cl 2.

(617)

Road Transport Legislation Amendment (Penalty Notice Offences and Certification) Regulation 2017. LW 10.11.2017.

Date of commencement, on publication on LW, cl 2.

No 61

Road Transport and Related Legislation Amendment Act 2017. Assented to 23.11.2017.

Date of commencement of Sch 4, assent, sec 2 (1).

(718)

Road Transport Legislation Amendment (Demerit Points and Penalty Notice Offences) Regulation 2017. LW 15.12.2017.

Date of commencement, 30.1.2018, cl 2.

2018

(181)

Road Transport Legislation Amendment (Stationary Emergency Vehicles) Regulation 2018. LW 27.4.2018.

Date of commencement, 1.9.2018, cl 2.

No 25

Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018.

Date of commencement of Sch 5.36, 14 days after assent, sec 2 (1).

(280)

Road Transport (General) Amendment (Parking Fines Reduction) Regulation 2018. LW 22.6.2018.

Date of commencement, 1.7.2018, cl 2.

(334)

Road Transport Legislation Amendment (Fees, Penalty Levels and Charges) Regulation 2018. LW 29.6.2018.

Date of commencement, 1.7.2018, cl 2.

(411)

Road Transport (General) Amendment (Hunter Development Corporation) Regulation 2018. LW 3.8.2018.

Date of commencement, on publication on LW, cl 2.

(412)

Road Transport (General) Amendment (Northern NSW Local Health District) Regulation 2018. LW 3.8.2018.

Date of commencement, on publication on LW, cl 2.

(448)

Road Transport (General) Amendment (Restructuring of NSW Police Force) Regulation 2018. LW 17.8.2018.

Date of commencement, on publication on LW, cl 2.

No 54

Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018. Assented to 5.10.2018.

Date of commencement of Sch 2.3, 20.5.2019, sec 2 and 2018 (653) LW 23.11.2018.

No 68

Statute Law (Miscellaneous Provisions) Act (No 2) 2018. Assented to 31.10.2018.

Date of commencement of Sch 2.31, 8.1.2019, sec 2 (1).

(629)

Road Transport Amendment (Written-off Heavy Vehicles Register) Regulation 2018. LW 9.11.2018.

Date of commencement, 3.12.2018, cl 2.

(658)

Road Transport (General) Amendment (Parking Fine Flexibility and Grace Period) Regulation 2018. LW 23.11.2018.

Date of commencement, on publication on LW, cl 2.

(724)

Road Transport (General) Amendment (Further Parking Fine Reductions) Regulation 2018. LW 14.12.2018.

Date of commencement, 1.1.2019, cl 2.

2019

(51)

Road Transport Legislation Amendment (Light Rail) Regulation 2019. LW 1.2.2019.

Date of commencement, 1.2.2019, cl 2.

(61)

Road Transport Legislation Amendment (Digital Delivery of Notices) Regulation 2019. LW 8.2.2019.

Date of commencement, on publication on LW, cl 2.

(89)

Road Transport (General) Amendment (Parking Fine Flexibility) Regulation 2019. LW 22.2.2019.

Date of commencement, 28.2.2019, cl 2.

(132)

Road Transport (General) Amendment (Speed Measurement Devices) Regulation 2019. LW 28.2.2019.

Date of commencement, on publication on LW, cl 2.

(244)

Road Transport Legislation Amendment (Fees, Penalty Levels and Charges) Regulation 2019. LW 14.6.2019.

Date of commencement, 1.7.2019, cl 2.

No 1

Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019.

Date of commencement of Sch 1.17, 14 days after assent, sec 2 (1).

(265)

Road Transport (General) Amendment (Parking Fine Flexibility) Regulation (No 2) 2019. LW 21.6.2019.

Date of commencement, 1.7.2019, cl 2.

(507)

Road Transport (General) Amendment (Place Management NSW) Regulation 2019. LW 18.10.2019.

Date of commencement, on publication on LW, cl 2.

No 13

Fines Amendment Act 2019. Assented to 21.11.2019.

Date of commencement of Sch 2, 1.7.2020, sec 2 and 2020 (272) LW 19.6.2020.

(555)

Road Transport (General) Amendment (Parking Fine Flexibility) Regulation (No 3) 2019. LW 22.11.2019.

Date of commencement, 1.12.2019, cl 2.

No 21

Road Transport Amendment (Miscellaneous) Act 2019. Assented to 26.11.2019.

Date of commencement of Sch 2, 13.12.2019, sec 2(2).

(573)

Road Transport Legislation Amendment (Miscellaneous) Regulation 2019. LW 29.11.2019.

Date of commencement, on publication on LW, cl 2.

2020

(229)

Road Transport Legislation Amendment (Light Vehicle Standards Rules) Regulation 2020. LW 29.5.2020.

Date of commencement of Sch 3, on publication on LW, cl 2(1).

(285)

Road Transport (General) Amendment (Penalties) Regulation 2020. LW 19.6.2020.

Date of commencement, 1.7.2020, cl 2.

(476)

Road Transport Amendment (Miscellaneous) Regulation 2020. LW 14.8.2020.

Date of commencement, on publication on LW, cl 2.

No 30

Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020.

Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4).

No 33

Road Transport Legislation Amendment Act 2020. Assented to 27.10.2020.

Date of commencement of Sch 2.4, assent, sec 2(1).

2021

No 3

Road Transport Legislation Amendment (Drink and Drug Driving Offence) Act 2021. Assented to 24.2.2021.

Date of commencement of Sch 2.5, 28.6.2021, sec 2(1) and 2021 (307) LW 25.6.2021.

(135)

Road Transport (General) Amendment (Penalty Notice Offences) Regulation 2021. LW 26.3.2021.

Date of commencement, on publication on LW, cl 2.

(136)

Road Transport Legislation Amendment (Offensive Advertising) Regulation 2021. LW 26.3.2021.

Date of commencement, on publication on LW, cl 2.

(137)

Transport Legislation Amendment (Fees) Regulation 2021. LW 26.3.2021.

Date of commencement, 1.4.2021, cl 2.

(328)

Road Transport Legislation Amendment (Penalties, Fees and Charges) Regulation 2021. LW 25.6.2021.

Date of commencement, 1.7.2021, cl 2.

Table of amendments

Cl 3

Am 2013 No 71, Sch 2.4 [1]; 2014 (762), Schs 1, 3 [1]; 2015 (449), Sch 1 [1]–[3]; 2017 (451), Sch 5.2 [1]–[4]; 2017 (617), Sch 2 [1]; 2018 (411), cl 3 (1); 2020 No 30, Sch 4.87[2].

Part 2, Div 1 (cll 4, 5)

Rep 2020 No 33, Sch 2.4[1].

Cl 6

Am 2017 (451), Sch 5.2 [5]; 2017 (617), Sch 2 [1] [2]; 2018 No 25, Sch 5.36 [1]; 2019 (61), Sch 1.2 [1] [2].

Cl 7

Am 2017 (451), Sch 5.2 [5] [6]; 2019 (61), Sch 1.2 [3] [4]; 2020 No 30, Sch 4.87[3].

Cll 11–15

Am 2014 (762), Sch 1.

Cl 16

Am 2013 No 71, Sch 2.4 [2] [3]; 2014 (762), Sch 1; 2015 (449), Sch 1 [4]; 2017 (451), Sch 5.2 [7].

Cl 17

Am 2013 No 71, Sch 2.4 [4]; 2014 (762), Sch 1.

Cll 18, 19, 21

Am 2014 (762), Sch 1.

Cl 28AA

Ins 2021 No 3, Sch 2.5.

Cl 28A

Ins 2014 (856), Sch 1 [1].

Cl 31

Am 2014 (856), Sch 1 [2].

Cll 32, 34

Am 2014 (762), Sch 1.

Cl 35

Am 2017 (617), Sch 1 [1]; 2017 No 61, Sch 4.3; 2019 (132), cl 3.

Cll 36, 37

Am 2014 (762), Sch 1.

Cl 45

Am 2020 No 30, Sch 4.87[3].

Part 3A, Div 1 (cll 50A–50C)

Ins 2015 (449), Sch 1 [5].

Part 3A, Div 2

Ins 2015 (449), Sch 1 [5].

Cll 50D–50J

Ins 2015 (449), Sch 1 [5].

Cl 50K

Ins 2015 (449), Sch 1 [5]. Am 2020 No 30, Sch 4.87[3].

Part 3A, Div 3

Ins 2015 (449), Sch 1 [5].

Cl 50L

Ins 2015 (449), Sch 1 [5]. Am 2017 (451), Sch 5.2 [8] [9].

Cll 50M, 50N

Ins 2015 (449), Sch 1 [5].

Part 3A, Div 4

Ins 2015 (449), Sch 1 [5].

Cll 50O–50Q

Ins 2015 (449), Sch 1 [5].

Cl 50R

Ins 2015 (449), Sch 1 [5]. Am 2019 No 1, Sch 1.17 [1].

Cl 50S

Ins 2015 (449), Sch 1 [5].

Part 3A, Divs 5, 6 (cll 50T–50Y)

Ins 2015 (449), Sch 1 [5].

Cl 53

Am 2020 No 30, Sch 4.87[4].

Cl 55

Am 2020 No 30, Sch 4.87[5].

Cl 56

Am 2013 No 71, Sch 2.4 [5].

Cl 57

Am 2013 No 71, Sch 2.4 [6].

Cl 59

Am 2020 No 30, Sch 4.87[5].

Cl 60

Am 2014 (762), Sch 1; 2020 No 30, Sch 4.87[6].

Cl 61

Am 2014 (762), Sch 1.

Cl 62

Am 2014 (762), Sch 3 [2] [3].

Cl 65

Am 2014 (762), Sch 1.

Cl 66

Am 2014 (762), Sch 1; 2020 No 30, Sch 4.87[6].

Cl 72

Am 2014 (762), Sch 1.

Cl 73

Am 2014 (762), Sch 1; 2020 No 30, Sch 4.87[6].

Cl 77

Am 2014 (762), Sch 1.

Cl 78

Am 2014 (762), Sch 1; 2020 No 30, Sch 4.87[6].

Cl 79

Am 2020 No 30, Sch 4.87[7].

Cl 81

Am 2014 (762), Sch 1.

Cl 82

Am 2020 No 30, Sch 4.87[6].

Cl 83

Am 2020 No 30, Sch 4.87[3] [8].

Cll 90, 94

Am 2014 (762), Sch 1.

Cl 97

Am 2020 No 30, Sch 4.87[3].

Cl 107

Am 2017 (451), Sch 5.2 [5]; 2020 No 30, Sch 4.87[3].

Cl 109

Am 2015 (627), Sch 2 [1] [2]; 2017 (617), Sch 2 [3].

Cll 110, 114, 119

Am 2014 (762), Sch 1.

Cl 120

Am 2013 No 82, Sch 2.15 [1].

Cl 122

Am 2018 (280), cl 3. Subst 2018 (658), Sch 1 [1].

Cl 122A

Ins 2018 (658), Sch 1 [1].

Cl 123

Subst 2013 (219), Sch 2 [1]; 2014 (293), Sch 2 [1]; 2014 (762), Sch 1; 2015 (225), Sch 2 [1]; 2016 (345), Sch 2 [1]; 2017 (246), Sch 2 [1]; 2018 (334), Sch 2 [1]; 2019 (244), Sch 2 [1]; 2020 (285), Sch 1[1]; 2021 (328), Sch 3[1].

Cl 123A

Ins 2018 (658), Sch 1 [2].

Cl 123B

Ins 2018 (658), Sch 1 [2]. Am 2018 (724), cl 3; 2019 (244), Sch 2 [2]; 2020 (285), Sch 1[2]; 2021 (328), Sch 3[2].

Cl 123C

Ins 2018 (658), Sch 1 [2].

Cl 125

Am 2017 (451), Sch 5.2 [10].

Cl 126

Am 2015 (332), Sch 1.3 [1] [2]; 2017 (617), Sch 2 [4]–[8]; 2018 No 54, Sch 2.3 [1].

Cl 127

Am 2017 (451), Sch 5.2 [11]–[14].

Cl 128

Rep 2013 No 71, Sch 2.4 [7].

Cl 129

Rep 2013 No 71, Sch 2.4 [8].

Cl 131

Am 2015 (3), Sch 2 [1] [2]; 2017 (617), Sch 2 [1] [9]; 2021 (136), Sch 2.

Cl 135

Am 2013 No 71, Sch 2.4 [9]; 2015 (332), Sch 1.3 [3]–[7]; 2017 (451), Sch 5.2 [15] [16].

Cl 135A

Ins 2015 (332), Sch 1.3 [8]. Am 2017 (451), Sch 5.2 [17]; 2017 (617), Sch 2 [10] [11].

Cl 138

Am 2017 (451), Sch 5.2 [18].

Cl 139

Am 2017 (617), Sch 2 [12].

Cl 140

Am 2017 (451), Sch 5.2 [19]; 2017 (617), Sch 2 [1]; 2020 No 30, Sch 4.87[9].

Cl 141

Am 2020 No 30, Sch 4.87[3].

Cl 142

Am 2014 (762), Sch 1.

Cl 143

Am 2013 (219), Sch 2 [2]; 2014 (293), Sch 2 [2]; 2014 (762), Sch 1; 2015 (225), Sch 2 [2]; 2016 (345), Sch 2 [2]; 2017 (246), Sch 2 [2]; 2018 (334), Sch 2 [2]; 2019 (244), Sch 2 [3]; 2021 (328), Sch 3[3].

Cl 144A

Ins 2013 No 71, Sch 2.4 [10]. Am 2017 (451), Sch 5.2 [5] [20]; 2018 (448), cl 3.

Cll 145, 146

Am 2014 (762), Sch 1.

Cl 148

Rep 2013 (345), Sch 1 [1]. Ins 2015 (449), Sch 1 [6].

Cl 149

Ins 2020 No 33, Sch 2.4[2].

Sch 1

Subst 2013 (219), Sch 2 [3]. Am 2014 (293), Sch 2 [3]. Subst 2015 (225), Sch 2 [3]. Am 2015 (449), Sch 1 [7] [8]. Subst 2016 (345), Sch 2 [3]. Am 2017 (246), Sch 2 [3]; 2019 (244), Sch 2 [4]; 2020 No 33, Sch 2.4[3]. Subst 2021 (137), Sch 1.6.

Sch 2

Am 2014 (263), cl 3; 2014 (499), cl 3; 2015 (49), Sch 1; 2015 (207), cl 3; 2015 No 15, Sch 4.6; 2015 (625), Sch 1; 2015 (626), cl 3; 2015 (720), cl 3; 2016 No 27, Sch 3; 2018 No 25, Sch 5.36 [2]; 2018 (411), cl 3 (2); 2018 (412), cl 3; 2019 (507), Sch 1[1]–[3].

Sch 4

Am 2013 No 56, Sch 3.7; 2013 No 82, Sch 2.15 [2]; 2019 (507), Sch 1[4]; 2020 No 30, Sch 4.87[10]; 2021 (135), Sch 1[1].

Sch 5

Am 2013 No 71, Sch 2.4 [11]–[18]; 2014 (138), Sch 1.2; 2014 (369), cl 3; 2014 (383), Sch 2.2; 2014 (567), Sch 3; 2014 No 88, Sch 2.59; 2014 (761), cl 3; 2014 (762), Schs 1, 3 [4]–[7]; 2015 (3), Sch 2 [3]; 2015 (449), Sch 1 [9] [10]; 2015 (628), Sch 2; 2016 (106), Sch 1 [1]–[4]; 2016 (107), Sch 2 [1] [2]; 2017 (156), Sch 1 [1]–[3]; 2017 (451), Sch 5.2 [21]; 2017 (617), Schs 1 [2], 2 [13]; 2017 (718), Sch 2 [1]–[5]; 2018 (181), Sch 2; 2018 No 54, Sch 2.3 [2]; 2018 No 68, Sch 2.31 [1] [2]; 2018 (629), Sch 2 [1]–[5]; 2019 (51), Sch 3; 2019 No 1, Sch 1.17 [2] [3]; 2019 (507), Sch 1[5]–[7]; 2019 No 13, Sch 2.3; 2019 No 21, Sch 2.3; 2019 (573), Sch 2; 2020 (229), Sch 3; 2020 (476), Sch 3[1] [2]; 2021 (135), Sch 1[2]–[4].

Sch 5A

Ins 2018 (658), Sch 1 [3]. Subst 2019 (89), Sch 1. Am 2019 (265), cl 3; 2019 (555), cl 3.

Sch 6

Ins 2013 (345), Sch 1 [2]. Am 2013 No 82, Sch 2.15 [3]; 2014 (358), cl 3; 2014 (856), Sch 1 [3]; 2015 (449), Sch 1 [11].

The whole Regulation (except Sch 2)

Am 2020 No 30, Sch 4.87[1] (“the Authority” and “The Authority” omitted wherever occurring, “Transport for NSW” inserted instead).

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