Road Transport (General) Regulation 2021 (NSW)
Road Transport Legislation Amendment (Post-Crash Drug and Alcohol Testing) Bill 2025
This Regulation is the Road Transport (General) Regulation 2021.
This Regulation commences on 1 September 2021 and is required to be published on the NSW legislation website.
This Regulation replaces the Road Transport (General) Regulation 2013, which is repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).
The Dictionary in Schedule 8 defines words used in this Regulation.
The Act and the Interpretation Act 1987 contain definitions and other provisions affecting the interpretation and application of this Regulation.
A reference in this Regulation to a
The terms
In this Regulation, an abbreviation or symbol specified in the Road Rules 2014, Schedule 1 has the same meaning as in the Schedule.
In Schedule 2,
For the Act, section 183(1), definition
A person 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) if the vehicle is a coach or heavy motor vehicle—30 penalty units, or
(b) if the vehicle or vehicle and trailer combination is not referred to in paragraph (a)—20 penalty units.
Subsection (1) does not apply to the driver of the vehicle or vehicle and trailer combination.
A driver who drives the vehicles in excess of 100 kilometres per hour will commit an offence against the Road Rules 2014, rule 20. See also the Rules, rules 21(2) and 25(3)(a).
In this section—
The responsible person for a motor vehicle or trailer must not cause, permit or allow or fail to take reasonable precautions to prevent a contravention of the Road Rules 2014, rule 291–2.
Maximum penalty—20 penalty units.
Subsection (1) does not apply to the driver of the motor vehicle or trailer.
The Road Rules 2014, rule 291–2 provides 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.
The responsible person for a motor bike ridden with a passenger in a sidecar must not cause, permit or allow or fail to take reasonable precautions to prevent a contravention of the Road Rules 2014, rule 271 in relation to how persons travel in the sidecar.
Maximum penalty—20 penalty units.
Subsection (1) does not apply to the rider of a motor bike or a passenger in a sidecar.
The Road Rules 2014, rule 271 provides for how persons are to ride motor bikes and travel in sidecars.
A person must not cause or permit a vehicle to be driven in contravention of the Road Rules 2014, rule 294–1(1).
Maximum penalty—20 penalty units.
Subsection (1) does not apply to the driver of the vehicle.
The Road Rules 2014, rule 294–1 provides, subject to certain exceptions, a driver must not drive any of the following vehicles unless written permission is first obtained from Transport for NSW 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.
A person must not cause or permit a light or other device fitted to a vehicle to be used in contravention of the Road Rules 2014, rule 218–1.
Maximum penalty—20 penalty units.
Subsection (1) does not apply to the driver of the vehicle.
A driver who uses a light or other device fitted to the driver’s vehicle in contravention of the Road Rules 2014, rule 218–1 will commit an offence against the rule.
A person must not cause or permit any crimson flashing warning light permitted to be fixed to a motor vehicle by the Standards 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.
Subsection (1) does not apply to the driver of the vehicle.
See the Road Rules 2014, rule 221–1(1) for the corresponding offence in relation to drivers.
In this section—
(a) the Heavy Vehicle National Law (NSW),
(b) this Regulation, Part 4 and section 163.
(a) the Light Vehicle Standards Rules, rule 114(4)–(9), or
(b) for a heavy vehicle—a corresponding heavy vehicle standard.
A person must not cause or permit a motor vehicle or trailer to stand on a road during a period of darkness unless the parking lights 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.
See the Road Rules 2014, rule 220–1(1) for the corresponding offence in relation to drivers of motor vehicles.
A person 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.
Subsections (1) and (2) do not apply to the driver of the motor vehicle or trailer.
See the Road Rules 2014, rule 220–1(1) and (3) for the corresponding offence in relation to drivers of motor vehicles.
Subsection (1) does not apply to the standing of a vehicle on a length of road with street lighting rendering a motor vehicle or trailer clearly visible.
In this section—
A person must not cause, permit or allow the use of a dangerous goods transporter on or in a prohibited area.
Maximum penalty—20 penalty units.
Subsection (1) does not apply to the driver of the dangerous goods transporter.
The Road Rules 2014, rule 300–2 provides the driver of a dangerous goods transporter must not use the vehicle on or in certain prohibited areas.
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.
A person does not commit an offence against subsection (1) if the dangerous goods transporter is—
(a) displaying a permit issued under subsection (3) authorising it to be used in the prohibited area concerned, and
(b) used in accordance with the conditions on which the permit was issued.
The holder of a permit issued under subsection (3) who, without lawful excuse, contravenes a condition of the permit is guilty of an offence.
Maximum penalty—20 penalty units.
Terms or expressions used in this section defined for the purposes of the Road Rules 2014, rule 300–2 have the same meanings as in the rule.
A person must not cause or permit a lengthy vehicle to be driven in contravention of the Road Rules 2014, rule 300–3.
Maximum penalty—20 penalty units.
Subsection (1) does not apply to the driver of the lengthy vehicle.
The Road Rules 2014, rule 300–3 provides 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.
In this section—
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 a motor vehicle or trailer on a road, other than a motor vehicle or trailer of which the person is the driver, or
(b) offering the person’s services for a purpose referred to in paragraph (a).
A person on whom a notice has been served must comply with the notice.
Maximum penalty—20 penalty units.
This section does not authorise the Commissioner of Police to prohibit the proprietor of a parking station or parking area from—
(a) parking, minding, caring for, or taking charge of a motor vehicle or trailer in or on a parking station or parking area, or
(b) offering the proprietor’s services for a purpose referred to in paragraph (a).
Subsection (3) extends to the following—
(a) the display or publication of an advertisement for the parking station or parking area,
(b) the offer or performance of the services by the proprietor or by an employee of the proprietor.
The responsible person for, or the person in charge of, a motor vehicle must inspect the driver licence of a person before permitting the person to drive the vehicle.
Maximum penalty—20 penalty units.
The Road Rules 2014, rule 300–5 makes it an offence for the driver of a motor vehicle not to carry the person’s driver licence.
In this section—
A person in charge of a motor vehicle or trailer on a road must not permit another person to drive or use the vehicle without the consent of the responsible person for the vehicle.
Maximum penalty—20 penalty units.
A parent of a child must not cause or permit the child to drive a motor vehicle on a road.
Maximum penalty—20 penalty units.
Subsection (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.
In this section—
The owner of a bus must, before permitting a person to drive the bus for school purposes—
(a) attach to the bus 2 signs complying with subsection (2), or
(b) provide for use by the driver—
(i) 2 signs complying with subsection (2), and
(ii) the means of attaching the signs to the bus.
Maximum penalty—20 penalty units.
A sign must contain the words “School Bus” in block letters—
(a) not less than—
(i) if the sign is to be displayed at the front of the bus—100 millimetres high, and
(ii) if the sign is to be displayed at the rear of the bus—120 millimetres high, and
(b) in black lettering on a fluorescent yellow background.
This section does not apply to a vehicle operated in accordance with section 18.
In this section—
(a) is being used solely or principally for the conveyance of children to or from school, and
(b) is being used on a journey wholly outside a transport district.
The owner of a bus must not permit a 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.
This section does not apply to a bus—
(a) 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.
This section does not apply to the owner of a bus whom Transport for NSW exempts from compliance with this section.
Transport for NSW is to make a technical specification it has approved for the purposes of this section available on request.
In this section—
(a) to convey children, whether with or without adult passengers, to or from school—
(i) between 7am and 9.30am on a weekday, or
(ii) between 2.30pm and 5pm on a weekday, or
(b) solely for the purpose of conveying children to or from school.
(a) is designed to warn motorists of the presence of children on a bus, and
(b) complies with the requirements of the technical specification approved by Transport for NSW from time to time for the purposes of this section.
This section applies to a bus that—
(a) was first registered in this State on or after 1 August 1997, and
(b) is used, or has been used on or after 1 August 1997, by an accredited service operator to operate a regular passenger service within the meaning of the Passenger Transport Act 1990.
The owner of a bus must not permit a person to drive the bus on a road unless—
(a) the bus is fitted with the following—
(i) a bus door safety system,
(ii) a field of view system,
(iii) safety padding, and
(b) the systems and padding are maintained in good working order.
Maximum penalty—20 penalty units.
A person must not drive a bus on a road unless—
(a) the bus is fitted with the following—
(i) a bus door safety system,
(ii) a field of view system,
(iii) safety padding, and
(b) the systems and padding are maintained in good working order.
Maximum penalty—20 penalty units.
A requirement of subsection (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).
Transport for NSW—
(a) may, from time to time, approve technical specifications for the purposes of this section, and
(b) may apply different technical specifications to different buses in accordance with the first date of registration of the bus, and
(c) must make a technical specification available on request.
In this section—
(a) is designed to prevent, without driver intervention, entrapment of persons by the closing of the doors, and
(b) complies with the requirements of a technical specification approved by Transport for NSW for the purposes of this section.
(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 applicable technical specifications approved by Transport for NSW for the purposes of this section.
(a) is affixed to handrails, the top and back of seats, and partitions on buses, including raised items part of, or are affixed to, seats and partitions, and
(b) complies with the requirements of the applicable technical specifications approved by Transport for NSW for the purposes of this section.
This section applies to a bus that—
(a) was first registered in this State before 1 August 1997, and
(b) is fitted with driver controlled doors.
The owner of a bus must not permit a person to drive the bus on a road unless the steady force applied to an 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.
A person must not drive a bus on a road unless the steady force applied to an 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.
Despite subsections (2) and (3), the steady force applied to an 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 enabling the door to work properly.
However, the exemption in subsection (4) does not apply if the steady force is increased to more than 400 newtons.
For the purposes of the Act, section 4(1), definition of
(a) substances listed in Schedule 3,
(b) substances that are salts, isomers, esters or ethers of a substance listed in Schedule 3,
(c) substances that are salts of the isomers, esters or ethers referred to in paragraph (b).
For the purposes of the Act, Schedule 3, clause 1(1), definition of
(a) an enrolled nurse,
(b) a person—
(i) who is employed to work at a hospital, and
(ii) whose duties at the hospital include taking blood samples or other specimens for laboratory testing.
In this section—
This section prescribes the premises, institutions or establishments that are—
(a) a place where samples may be taken under the Act, Schedule 3 as referred to in the Act, Schedule 3, clause 1(1), definition of
prescribed place , and(b) a
hospital for the purposes of the Act, Schedule 3, clause 10(2) and the Act, Schedule 3, Part 2, Division 4.
The following premises, institutions or establishments are prescribed—
(a) the following locations 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 locations 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.
For the Act, Schedule 3, clause 22(3), definition of
(a) the laboratory at the NSW Health Pathology Forensic & Analytical Science Service at Lidcombe,
(b) the laboratory at the NSW Health Pathology Forensic & Analytical Science Service at North Ryde.
For the Act, Schedule 3, clause 23, definition of
(a) the laboratory at the NSW Health Pathology Forensic & Analytical Science Service at Lidcombe,
(b) the laboratory at the NSW Health Pathology Forensic & Analytical Science Service at North Ryde.
For the purposes of the Act, Schedule 3, clause 1(1), definition of
• 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.
For the purposes of the Act, Schedule 3, clause 1(1), definition of
• 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.
For the purposes of the Act, section 121, definition of
(a) a traffic control device of a kind mentioned in the Road Rules 2014 having effect for the Rules under the Rules, rule 315,
Note. See also the Road Rules 2014, rules 316–318.
(b) a word, figure, symbol or anything else used on or with a traffic control device referred to in paragraph (a).
In this section—
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.
A person must not place or cause to be placed anything in a position that would prevent or be likely to prevent a prescribed traffic control device from being clearly observed by the driver of a motor vehicle approaching the device along a portion of a road for which the device has been installed or displayed.
Maximum penalty—20 penalty units.
The Act, section 123 also makes it an offence for a person to install or display, or to interfere with, alter or remove, a prescribed traffic control device without appropriate authority.
Subsection (1) does not apply if the person has the approval of Transport for NSW to place the matter or thing along the portion of the road.
If Transport for NSW or a police officer directs a person who has contravened subsection (1) to remove immediately the matter or thing concerned, the person must comply with the direction.
Maximum penalty—20 penalty units.
In this section—
A person 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 attached to the vehicle, a
Maximum penalty—20 penalty units.
Subsection (1) does not apply to the driver of the motor vehicle.
The Road Rules
2014, rule 316–2 provides a driver must not drive a motor vehicle if a
In this section—
For the purposes of the Act, section 137(b)—
(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 the Standard, or
(ii) in accordance with the manufacturer’s recommended calibration method, and
(b) 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 the Standard, or
(ii) in accordance with the manufacturer’s recommended calibration method, and
(c) an approved traffic enforcement device that is approved for speed measurement and is not of a kind referred to in paragraph (a) or (b) must be tested for accuracy and functional requirements in accordance with the manufacturer’s recommended calibration method—
(i) as approved by the Commissioner of Police, or
(ii) for a device used in conjunction with, or forms part of, a digital camera device—as approved by Transport for NSW, and
(d) the prescribed period is 12 months.
For the purposes of the Act, section 137A(b)—
(a) an approved traffic enforcement device 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.
Each of the following is prescribed as a security indicator for the purposes of the Act, section 138(1)—
(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.
The prescribed period for the purposes of the Act, section 138(2)(b) is 90 days.
For the purposes of this section,
For the purposes of the Act, section 135(1), definition of
(a) the Road Rules 2014, rule 154(1),
(a1) the Road Rules 2014, rule 154A(1) and (3),
(b) the Road Rules 2014, rule 157–1.
Transport for NSW may—
(a) from time to time give authorities for schemes (
authorised children’s crossing schemes ) designed to assist children to safely cross roads, and(b) for the purposes of the authority, authorise a person or class of persons to exercise and discharge the functions specified in the authority.
An authorised children’s crossing scheme—
(a) comes into force on the date specified in the authority for the scheme, and
(b) may, from time to time, be amended or replaced by another scheme authorised by Transport for NSW, and
(c) may be revoked by Transport for NSW at any time.
A person taking part in the carrying out of a authorised children’s crossing scheme must—
(a) be at least 18 years of age, and
(b) wear a safety vest issued to the person by Transport for NSW.
For the purpose of carrying out an authorised children’s crossing scheme, when children are about to use or are on a crossing, a person authorised for the purpose 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.
A barrier referred to in subsection (4)(b)—
(a) must be placed so it is—
(i) parallel to the crossing, and
(ii) on the side of the crossing nearer to approaching traffic, and
(b) must—
(i) be of a type approved by Transport for NSW, and
(ii) have affixed to it a stop sign in, or to the effect of, a hand-held stop sign, and
(c) must be constructed so when it is placed in position on the roadway, the stop sign affixed to it will face and be clearly visible to the driver of a motor vehicle approaching the crossing on the side of the roadway where the barrier is situated.
In court proceedings, evidence a hand-held stop sign was exhibited in accordance with this section by a person at or near a crossing when children were about to use, or were on, the crossing, is admissible and is prima facie evidence the exhibition of the sign by the person was authorised.
In this section—
(a) a children’s crossing within the meaning of the Road Rules 2014, rule 80, or
(b) a pedestrian crossing within the meaning of the Road Rules 2014, rule 81.
In this Part—
(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.
(a) the general manager, or
(b) an employee of the City of Sydney Council authorised by the general manager to be an enforcement officer for the purposes of Division 3.
A police officer may seize and take charge of, and remove or tow away or cause to be removed or towed away, a 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 a part of a road in which is conspicuously displayed a sign exhibiting or including—
(i) the words “tow away area”, or
(ii) the words “vehicles impounded”, or
(iii) words indicating the vehicle is subject to seizure.
Before seizing a motor vehicle or trailer, the police officer must—
(a) if a person is in charge of the vehicle—
(i) request the person to remove the vehicle, or cause it to be removed immediately, and
(ii) give the person a reasonable opportunity to comply with the request, or
(b) if no person is in charge of the vehicle—
(i) make reasonable inquiry for the purpose of locating the responsible person for, or driver of, the vehicle, and
(ii) if the responsible person or driver is located—carry out the matters referred to in paragraph (a)(i) and (ii).
For the purposes of subsection (2)(b)(i), reasonable inquiry—
(a) must be made in the area where the vehicle is found, and
(b) does not authorise or require a police officer to enter a building for the purpose of the inquiry.
A motor vehicle or trailer removed or towed away under section 33 may be kept or impounded at a place appointed or set apart by the Commissioner of Police for the purpose.
On seizure of a motor vehicle or trailer under this Division, the Commissioner of Police must—
(a) if the name and address of the responsible person for the vehicle are recorded in the NSW registrable vehicles register—send or cause to be sent to the person, within 14 days after the seizure, a notice setting out the following particulars—
(i) the time, date and place of the seizure,
(ii) the place where the vehicle is kept or impounded, or
(b) if the name and address of the responsible person for the vehicle are not recorded in the NSW registrable vehicles register—
(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 particulars specified in paragraph (a) to be published in a newspaper circulating in the area in which the vehicle was seized.
An application for the release of a motor vehicle or trailer kept or impounded under this Division must be made to an officer-in-charge by—
(a) the responsible person for the motor vehicle or trailer, or
(b) a person acting on behalf of the responsible person.
The motor vehicle or trailer must not be released from custody unless—
(a) the applicant has provided evidence to the officer-in-charge regarding the identity of the responsible person for the motor vehicle or trailer, and
(b) the officer-in-charge is satisfied the applicant—
(i) is the responsible person, or
(ii) possesses authority to act on behalf of the responsible person, and
(c) the appropriate amount fixed by the Commissioner of Police as the amount payable for 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
(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 officer-in-charge.
A motor vehicle or trailer seized under this Division may be disposed of or destroyed in accordance with the directions of the Commissioner of Police if, within 3 months after the date on which the motor vehicle or trailer was seized, the responsible person has failed to—
(a) claim the motor vehicle or trailer, or
(b) pay the amount referred to in section 36(2)(c).
An enforcement officer may seize and take charge of, and remove or tow away or cause to be removed or towed away, a motor vehicle or trailer that has been caused or permitted to be used contrary to law on a part of a designated road in which is conspicuously displayed a sign exhibiting or including—
(a) the words “tow away area”, or
(b) the words “vehicles impounded”, or
(c) words indicating the vehicle is subject to seizure.
Before seizing a motor vehicle or trailer, the enforcement officer must—
(a) if a person is in charge of the vehicle—
(i) request the person to remove the vehicle, or cause it to be removed immediately, and
(ii) give the person a reasonable opportunity to comply with the request, or
(b) if no person is in charge of the vehicle—
(i) make reasonable inquiry for the purpose of locating the responsible person for, or driver of, the vehicle, and
(ii) if the responsible person or driver is located—carry out the matters referred to in paragraph (a)(i) and (ii).
For the purposes of subsection (2)(b)(i), reasonable inquiry—
(a) must be made in the area where the vehicle is found, and
(b) does not authorise or require an enforcement officer to enter a building for the purpose of the inquiry.
A motor vehicle or trailer removed or towed away under section 38 may be kept or impounded at a place appointed or set apart by the Commissioner of Police for the purpose.
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—
(i) particulars on the registration label and number-plate attached to the vehicle, if any, and
(ii) the identification number stamped on or applied to the engine, if any, and
(b) request Transport for NSW to supply the enforcement officer with the names and addresses of the responsible person for the vehicle known or available to Transport for NSW.
Transport for NSW is to give the enforcement officer the requested particulars within 3 business days after receipt of the notice.
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 the following particulars—
(a) the time, date and place of the seizure,
(b) the place where the vehicle is kept or impounded.
If the name and address of the responsible person for the vehicle are not supplied by Transport for NSW, 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 section 40(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 the particulars referred to in section 40(1)(a) to be published in a newspaper circulating in the City of Sydney.
An application for the release of a motor vehicle or trailer kept or impounded under this Division must be made to the general manager at an office of the Council of the City of Sydney during office hours on a business day by—
(a) the responsible person for the motor vehicle or trailer, or
(b) a person acting on behalf of the responsible person.
The application must be dealt with by an enforcement officer.
The motor vehicle or trailer must not be released from custody unless—
(a) the applicant has provided evidence to the enforcement officer regarding the identity of the responsible person for the motor vehicle or trailer, and
(b) the enforcement officer is satisfied the applicant—
(i) is the responsible person, or
(ii) possesses authority to act on behalf of the responsible person, and
(c) the amount payable under a penalty notice served on the responsible person for an offence against this Regulation in relation to stopping or parking the motor vehicle or trailer in the portion of the designated road from which it was removed or towed away has been paid, and
(d) the appropriate amount fixed by Transport for NSW as the amount payable for 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, and
(e) 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.
For the purposes of subsection (3)(c), 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.
A motor vehicle or trailer seized under this Division may be disposed of or destroyed in accordance with the directions of the general manager if, within 3 months after the date on which the motor vehicle or trailer was seized, the responsible person has failed to—
(a) claim the motor vehicle or trailer, or
(b) pay the amount referred to in section 42(3)(d).
For the purposes of the Act, section 250(1), the prescribed fee for storage of an impounded vehicle is the fee prescribed in Schedule 1.
A fee is payable to the Commissioner of Police by the responsible person for a vehicle towed under the Act, section 239 or 242, except as otherwise provided by this section or section 46.
The fee payable is the lesser of the following—
(a) the actual cost of towing the vehicle,
(b) the maximum charge for the time being determined under the Tow Truck Industry Act 1998, section 54, including any surcharge chargeable, in the circumstances of the case, in accordance with a determination under the section, for a vehicle towed—
(i) from within the Sydney metropolitan area—a 50-kilometre tow, or
(ii) from outside the Sydney metropolitan area—a 100-kilometre tow.
The Commissioner of Police must give notice of the fee to the responsible person for the vehicle.
Except as otherwise provided by this Regulation, the fee is due 14 days after the notice is given.
A towing fee is only payable if—
(a) a person is convicted of a sanctionable offence within the meaning of the Act, Part 7.6, or
(b) a penalty notice, issued under the Act, Part 7.3, Division 3 in relation to the alleged offence, is dealt with by payment of—
(i) the penalty prescribed under the Division, or
(ii) a penalty notice enforcement order under the Fines Act 1996 made, or is taken to have been made, against the person and not subsequently quashed or set aside.
A towing fee is refundable if it has been paid for the towing of a vehicle in circumstances other than subsection (1).
A fee is not payable under this section by the responsible person for the vehicle if the person provides the Commissioner of Police with a statutory declaration stating—
(a) the offence concerned was not committed with the responsible person’s consent, and
(b) the responsible person did not know, and could not reasonably be expected to have known, 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 the time.
A fee that, in accordance with subsection (3), is not payable by the responsible person for the vehicle is payable by the person driving the vehicle at the time of the offence concerned.
A statutory declaration of a responsible person alleging another person was the driver of the vehicle at the time of the offence is, if produced in proceedings for recovery of a fee under section 45, evidence of the driver’s identity unless evidence to the contrary is adduced.
If a court finds an offence proven in relevant proceedings it may, to avoid undue hardship to a person or a perceived injustice, order—
(a) the fee payable for the towing of the vehicle in connection with the alleged offence be reduced by an amount specified by the court, or
(b) in the circumstances of the case, no fee is payable.
In subsection (6)—
(a) proceedings for an alleged sanctionable offence within the meaning of the Act, Part 7.6, or
(b) an application under the Act, section 249 following the impounding of a vehicle for an alleged offence.
This section applies to a vehicle that—
(a) was impounded under the Act, section 239, 242 or 245, and
(b) has not been released, in accordance with the Act, Part 7.6, at the end of the period for which it was liable to be impounded.
The Commissioner of Police may issue a notice confirming the vehicle is liable to be offered for sale unless appropriate steps are taken to procure the release of the vehicle.
The notice must be given to—
(a) the registered operator of the vehicle, and
(b) a person with a registered interest in the motor vehicle, as defined in the Act, section 237.
For the purposes of the Act, section 252, a vehicle may be offered for sale if the vehicle—
(a) has remained impounded for 28 days after the service of notices referred to in section 47(4), or
(b) has been forfeited to the Crown under the Act, section 243 or 245.
Despite subsection (1), a vehicle may not be offered for sale—
(a) while an application under the Act, section 249, or subsequent proceedings arising out of the application, are pending, or
(b) contrary to the order of a court.
A person may apply to the Commissioner of Police to receive the balance of the proceeds of sale of a vehicle sold in accordance with this Regulation within 12 months after the sale of the vehicle.
The Commissioner of Police may pay the balance of the proceeds of sale to the person if the Commissioner is satisfied that—
(a) the person was lawfully entitled to the vehicle immediately before its sale, and
(b) there was a reasonable excuse for the person’s failure to obtain the release of the vehicle before it was sold.
The Commissioner of Police may require the person to provide evidence necessary to satisfy the Commissioner of the matters referred to in subsection (2).
In this section—
(a) the applicable movement, towing and storage fees payable under the Act, and
(b) the reasonable costs of, or incidental to, the sale of the vehicle.
This Part applies to a light vehicle or light combination on a road only.
This Part does not apply to a light vehicle or light combination used only on a railway or tramway.
In this Part—
(a) for a load-carrying vehicle or combination—the loaded mass of the vehicle or combination, and
(b) for a non load-carrying vehicle or combination—the mass of the vehicle or combination together with—
(i) the goods, passengers and drivers in or on the vehicle or combination, and
(ii) the fuel, water, lubricants and readily removable equipment carried in or on the vehicle or combination and required for its normal operation, and
(iii) personal items used by a driver of the vehicle or combination, and
(iv) anything normally removed from the vehicle or combination when not in use.
A person must not drive, or cause to be driven, along a road a light vehicle or light combination contravening a dimension, mass or load restraint requirement imposed by this Part otherwise than in accordance with a permit issued under section 62.
Maximum penalty—30 penalty units.
In this section,
In this Division—
(a) a New South Wales registration was in force on 1 January 1995, and
(b) registration has continued in force from 1 January 1995.
For the purposes of the definition of
(a) renewal or reissue of the registration, or
(b) transfer of the registration to another person.
This Division applies to motor lorries, including articulated vehicles.
This Division does not apply to the following—
(a) a caravan,
(b) a station wagon,
(c) a trailer that—
(i) weighs not more than 250 kilograms when unladen, and
(ii) is used principally or solely for carrying camping equipment, a boat or other materials used in connection with tours for recreational purposes, and
(iii) is not used while carrying on trade or business,
(d) an excavator, road grader, road roller, bulldozer or other machinery or apparatus, that cannot carry a load other than the tools, spare parts, fuel, water, oil or other accessories, used in connection with the vehicle.
This Division does not authorise a person to drive or use a motor lorry, or cause a motor lorry to be driven or used, in contravention of a provision of the Act or the statutory rules.
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.
A person does not contravene this section if—
(a) the motor lorry is driven in accordance with—
(i) the prior written permission of Transport for NSW, and
(ii) the conditions, if any, applying to the permission, and
(b) a copy of the permission is carried by the driver of the motor lorry when driving the lorry.
For the purposes of this Division, the
(a) if the lorry is an articulated vehicle—the GCM of the motor lorry, and
(b) if the lorry is not an articulated vehicle—the GVM of the motor lorry.
For the purposes of subsection (1), the GCM or GVM of a motor lorry not altered since manufacture is the mass recorded for the type of motor lorry by Transport for NSW as the GCM or GVM, respectively.
However, for the purposes of subsection (1), the GCM for a motor lorry that is an articulated vehicle is 1.67 times the GVM recorded for the vehicle if—
(a) Transport for NSW has not recorded a GCM for the articulated vehicle, and
(b) Transport for NSW has recorded a GVM for its type of prime mover as a standard table top motor lorry.
The mass limit of a motor lorry is that determined under section 58 if—
(a) the motor lorry has been altered since manufacture, or
(b) the motor lorry has not been altered since manufacturer, but to which no mass limit applies under subsection (2) or (3).
The mass limit of a visiting motor lorry is determined in accordance with the law for the time being in force in the State or Territory where the lorry is registered if—
(a) the visiting motor lorry has been altered since manufacture, or
(b) the visiting motor lorry has not been altered since manufacturer, but to which no mass limit applies under subsection (2) or (3).
For the purposes of this Division, the
However, if the lorry has been altered since its aggregate weight was determined, the mass limit of the lorry is to be the mass limit determined under section 58.
In this section—
This section applies to a motor lorry that is not a visiting motor lorry.
Transport for NSW may determine a mass limit for a motor lorry—
(a) if the lorry is not an existing motor lorry and no mass limit applies to the lorry under section 56(3) or (4), or
(b) if the lorry is an existing motor lorry and has been altered as referred to in section 57(3), or
(c) if the mass limit of the motor lorry applying under an earlier determination under this section is no longer in accordance with the safe working limits of the motor lorry, or
(d) on application by the responsible person for the motor lorry, if Transport for NSW is satisfied the safe loading limits of the motor lorry have been altered.
A determination under this section must be based on the construction and componentry of the lorry.
Transport for NSW must notify the responsible person for a motor lorry of—
(a) a determination made in relation to the lorry, and
(b) a refusal of an application by the responsible person under subsection (2)(d).
A determination under this section takes effect on the later of the following—
(a) the date on which notice of the determination is served on the responsible person for the motor lorry,
(b) the date specified in the notice.
Transport for NSW may, by written notice to the responsible person for a motor lorry, require the responsible person to provide Transport for NSW with the information about the motor lorry or its equipment specified in the notice.
The responsible person must provide the information within the period specified by Transport for NSW in the notice.
If Transport for NSW determines a mass limit for a motor lorry under section 58, Transport for NSW—
(a) may require the responsible person to forward the lorry’s certificate of registration to Transport for NSW, and
(b) may—
(i) endorse the mass limit on the forwarded certificate of registration, or
(ii) cancel and reissue the certificate of registration with the mass limit endorsed on the reissued certificate, and
(c) must forward the certificate of registration to the responsible person once it has endorsed or reissued the certificate.
A responsible person for a motor lorry must not fail to comply with a requirement under this section without reasonable excuse.
Maximum penalty—20 penalty units.
A person must not drive on a road—
(a) a motor vehicle, not being a motor bike or a mobile crane 9.5 metres or less in length, if the loading or equipment on the vehicle or trailer drawn by the vehicle projects—
(i) more than 150 millimetres beyond the extreme outer portion of either side of the vehicle or trailer, or
(ii) if the vehicle is a mobile crane—more than 3.5 metres in front of the steering wheel of the vehicle, or
(iii) if the vehicle is not a mobile crane—more than 1.2 metres in front of the headlights of the motor vehicle, or
(iv) if the vehicle does not exceed 9.5 metres in length or a trailer—more than 1.2 metres to the rear of the motor vehicle or trailer, except as provided by subsection (3), or
(v) if the vehicle exceeds 9.5 metres in length—to the rear of the vehicle beyond a point 4 metres from the rear overhang line, or
(b) a motor bike without a sidecar attached if the loading or equipment on the motor bike projects—
(i) more than 150 millimetres in front of the outer extremity of the front wheel, or
(ii) more than 300 millimetres behind the outer extremity of the rear wheel, or
(iii) beyond the extreme outer portion of the motor bike on either side, or
(c) a motor bike with a sidecar attached if—
(i) a 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) a part of the vehicle or its loading or equipment projects more than 900 millimetres behind the outer extremity of the rear wheel of the motor bike, or
(iii) the loading or equipment 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 a 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 exceeding 19 metres in length, or
(f) a motor vehicle and trailer combination exceeding 19 metres in length.
Subsection (1)(a)(i) does not apply to a 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.
It is not a contravention of subsection (1)(a)(iv) for loading or equipment to project more than 1.2 metres to the rear of a motor vehicle or 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 that—
(i) is not less than 300 millimetres square, and
(ii) is kept clearly visible as a warning to persons on the roadway nearby 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 attached 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) at least two reflectors capable of projecting a red reflection of light from the light of a following vehicle.
For the purpose of subsections (1)(a)(iv) and (3),
If a portion of the loading or equipment of a motor vehicle, or of a trailer drawn by the vehicle, projects in a way not readily visible to a person following immediately behind the vehicle, the driver of the vehicle must—
(a) mark the end of the loading or equipment by a red flag or other suitable object that—
(i) is not less than 300 millimetres square, and
(ii) is kept clearly visible to persons nearby, and
(b) between the hours of sunset and sunrise or when there is insufficient daylight to render a person dressed in dark clothing discernible at a distance of 100 metres, cause to be attached to the extreme rear of the loading or equipment the lighted lamp or reflectors referred to in subsection (3)(c).
In this section—
(a) a line located midway between the centrelines of the outermost axles of the group, or
(b) if the group consists of 2 axles, one of which is fitted with twice the number of tyres as the other axle—a line located one third of the way from the centreline of the axle with more tyres towards the centreline of the axle with fewer tyres.
(a) is attached to a towing vehicle by a pole or an attachment fitted to a pole, and
(b) is ordinarily used for transporting loads, for instance logs, pipes, structural members or other long objects, generally capable of supporting themselves like beams between supports.
A pole-type trailer is also known as a jinker.
(a) if there is a single axle at the rear of the vehicle—the centreline of the axle, or
(b) if there is an axle group at the rear of the vehicle—the centre of the axle group, determined without regard to the presence of any steerable axle or retractable axle in the group unless all axles in the group are steerable or retractable.
Transport for NSW may, by notice published in the Gazette, exempt a person or class of persons from the operation of a provision of section 60(1).
The notice must specify—
(a) the conditions of the exemption, if any, and
(b) how long it is to remain in force.
Transport for NSW may, on application by a person, issue a permit exempting the person from the operation of a provision of section 60(1).
An application for a permit must—
(a) be in writing and in a form approved by Transport for NSW, and
(b) be accompanied by the fee specified in Schedule 1.
The permit must set out any conditions of the exemption, if any.
Transport for NSW may, if it considers it appropriate to do so, waive or refund payment of all or part of a fee payable under this section.
A roads authority may, by written notice, fix a maximum axle load, maximum loaded mass or other load limit for a vehicle—
(a) if the provisions of this Part do not apply to the vehicle, or
(b) in a special case.
The notice must be—
(a) given to the responsible person for the vehicle to which it applies, or
(b) published in the Gazette or in a local newspaper circulated in the locality to which the notice applies.
A load or limit fixed by a notice is taken to be imposed by this Part.
A person must not fail to comply with the terms of a notice.
A person must not drive a three-wheeled motor vehicle on a road if the mass of the load of the vehicle exceeds the mass the vehicle is capable of carrying as stated in the certificate of registration for the vehicle.
Maximum penalty—20 penalty units.
If more than one mass limit applies to a vehicle or combination, or part of a vehicle or combination, the lower mass limit must be complied with.
A load on a vehicle or a trailer must not be placed in a way making the vehicle unstable or unsafe.
A load on a vehicle or a trailer must be secured so it is unlikely to fall or be dislodged from the vehicle.
An appropriate method must be used to restrain the load on a vehicle.
In proceedings for a contravention of a requirement under this section, it is sufficient for the prosecution to prove the load on the vehicle was not placed, secured or restrained in a way meeting the performance standards recommended in the Load Restraint Guide.
In proceedings for a failure to comply with this section, a document purporting to be the Load Restraint Guide is taken to be the Load Restraint Guide, unless the document is proved by the defendant not to be the Load Restraint Guide.
If the prosecution in proceedings for a contravention of a requirement under subsection (2) proves the load, or part of the load, had fallen off the vehicle, the burden of proof is on the defendant to show compliance.
In this section—
The Load Restraint Guide is available on the National Transport Commission’s website ( depth="3" number="67">
A person must not drive a motor vehicle on a road—
(a) if the vehicle is constructed, equipped or loaded, or if anything is attached to the vehicle, in a way preventing the person from having a view—
(i) of traffic on either side of the vehicle, or
(ii) in all directions in front of the vehicle, or
(iii) enabling the driver to drive the vehicle safely, or
(b) if the vehicle is a motor bike constructed, equipped or loaded, or if anything is attached to the motor bike, in a way preventing the driver from having a view of the approach of an overtaking vehicle, or
(c) if the person is prevented from safely driving or controlling the motor vehicle, or trailer or other vehicle attached to the motor vehicle, because of—
(i) the weight or dimensions of the loading or equipment of the towing vehicle, trailer or other towed vehicle, or
(ii) the manner in which the loading or equipment is placed on or attached to the towing vehicle, trailer or other towed vehicle.
Maximum penalty—20 penalty units.
For the purpose of determining the wheel load of a wheel of a motor vehicle or a trailer, the wheel is to be weighed in a way so that the wheel or wheels are weighed together with the portion of the vehicle and load supported by the wheel or wheels.
For the purposes of subsection (1), the wheel may weighed—
(a) alone, or
(b) together with another wheel or wheels forming an axle group of which the wheel being weighed forms part.
If a wheel is weighed together with other wheels, the wheel load of the wheel being determined is the mass of all the wheels weighed divided by the number of wheels weighed.
In this Division,
For the purpose of determining the axle load of an axle or axle group of a motor vehicle or trailer, either of the following methods may be used—
(a) the wheel loads of all wheels on the axle or in the axle group may be added together,
(b) if the mass of the vehicle, together with a load that it supports, is known—the axle loads of all single axles and all the axle groups, other than the axle or group the load of which is being determined, are to be subtracted from the mass.
For the purpose of determining the total mass of a vehicle or combination, either of the following methods may be used—
(a) the axle loads of all the single axles and all the axle groups of the vehicle or combination may be added together,
(b) all the wheels of the vehicle or combination, together with the vehicle and added loads supported by the wheels, may be weighed simultaneously on a weighing device or weighing devices.
This section applies to a weighing device used for the purpose of determining a wheel load, an axle load or a total mass in accordance with this Part.
If the weighing device shows a mass in excess of the weight for which the device has been verified under the National Measurement Act 1960 of the Commonwealth, the load on the device is, for the purposes of this Part, taken to be the weight for which the weighing device has been verified.
The driver of a vehicle or a combination must carry in the driving compartment—
(a) a copy of a notice or permit given under this Part under which the vehicle or the combination is operating, or
(b) an information sheet setting out the obligations imposed under the notice or permit.
Maximum penalty—30 penalty units.
Subsection (1) does not apply if the notice or permit states the subsection does not apply.
In this section—
In an emergency, for example a fire, explosion or natural disaster, Transport for NSW may exempt a vehicle or combination, or its driver or responsible person for the vehicle, from a requirement of this Part if—
(a) the vehicle or combination is being used, or is intended to be used—
(i) to protect life or property, or
(ii) to restore communication services, or
(iii) to restore energy or water services, or services including sewage disposal, or
(iv) to provide drought relief, and
(b) the exemption does not present an unreasonable danger to other road users.
An exemption may be subject to conditions imposed by Transport for NSW.
Transport for NSW—
(a) must make a written record of the exemption and its conditions, and
(b) may cause the exemption and conditions to be communicated orally to the driver or responsible person.
For the purposes of the Act, section 150(1)(a), the following vehicles are prescribed—
(a) all classes and descriptions of coaches,
(b) a heavy motor vehicle that is an articulated vehicle or a prime mover.
For the purposes of the Act, Part 6.1, the following persons are authorised as prescribed officers—
(a) officers employed by Transport for NSW as enforcement officers and to whom Transport for NSW has issued a written authorisation for the purposes of this Division,
(b) officers of SafeWork NSW who are employed as inspectors of dangerous goods,
(c) authorised officers within the meaning of the Dangerous Goods (Road and Rail Transport) Act 2008,
(d) persons employed by the National Heavy Vehicle Regulator as authorised officers.
For the purposes of the Act, section 154(4)(b), the prescribed manner of identification is—
(a) for a prescribed officer employed by Transport for NSW—wearing a uniform of Transport for NSW, or
(b) for a prescribed officer employed by SafeWork NSW—wearing a reflectorised vest displaying the words “SAFETY OFFICER”, or
(c) for a prescribed officer referred to in subsection (1)(c)—wearing a reflectorised vest displaying the letters “EPA”, or
(d) for a prescribed officer employed by the National Heavy Vehicle Regulator—wearing a uniform of the National Heavy Vehicle Regulator.
In this section—
An approval of Transport for NSW for the purposes of the Act, Part 6.1 is to be signified in one of the following ways—
(a) in a Vehicle Monitoring Device Specification published or adopted by Transport for NSW and available on request from Transport for NSW,
(b) by written instrument—
(i) signed by a person who has received written authorisation from Transport for NSW to give the approval, and
(ii) given to a person seeking to rely on the approval.
A person must not knowingly cause, permit or allow another person to contravene a provision of the Act, Part 6.1.
Maximum penalty—20 penalty units.
For the purposes of the Act, section 158(1), an exemption may be granted—
(a) by order published in—
(i) the Gazette, or
(ii) a newspaper circulating in New South Wales, or
(b) by written notice—
(i) signed by a person who has received written authorisation from Transport for NSW to give the exemption, and
(ii) given to the person who is, or whose vehicle is, to be exempted.
An exemption granted in the manner provided by subsection (1)(b) may in the same manner be rescinded.
In relation to subsection (1)(a), the Interpretation Act 1987, section 43(2) provides that if an Act or statutory rule confers a power on a person or body to make an order, whether or not the order must be in writing, the power includes power to amend or repeal an order made in the exercise of the power.
For the purposes of the Act, section 161(1), the following vehicles are prescribed as vehicles to which the Act, Part 6.2 applies—
(a) a motor lorry, excluding a lorry to which the Heavy Vehicle (Vehicle Standards) National Regulation (NSW), Schedule 2, Part 10 applies—
(i) manufactured on or after 1 January 1988, and
(ii) having a GVM exceeding 15 tonnes, or
(b) a bus, excluding a bus to which the Heavy Vehicle (Vehicle Standards) National Regulation (NSW), Schedule 2, Part 10 applies—
(i) manufactured on or after 1 January 1988, and
(ii) having a GVM exceeding 14.5 tonnes, and
(iii) used to provide a public passenger service, or
(c) a motor lorry—
(i) manufactured on or after 1 January 1991, and
(ii) having a GVM exceeding 12 tonnes, or
(d) a bus—
(i) manufactured on or after 1 January 1991, and
(ii) having a GVM exceeding 5 tonnes, and
(iii) used to provide a public passenger service.
For the purposes of the Act, Part 6.2, the manner of limiting the speed of a vehicle is—
(a) if the vehicle was manufactured on or after 1 January 1989—the manner prescribed by the third edition ADR for vehicles of the type, and
(b) if the Heavy Vehicle (Vehicle Standards) National Regulation (NSW), Schedule 2, Part 10 applies to the vehicle—the manner prescribed in Part 10, and
(c) if the vehicle is not a vehicle referred to in paragraph (a) or (b)—the manner prescribed by an order made by Transport for NSW and published in the Gazette.
In this section—
Transport for NSW or a police officer may serve a notice under this section on the responsible person for a vehicle to which the Act, Part 6.2 applies if Transport for NSW or the police officer has reason to believe the vehicle is capable of being driven at a speed exceeding 105 kilometres per hour.
Transport for NSW or a police officer may serve a notice under this section on the person who, at the time of the offence or alleged offence concerned, was the responsible person for a vehicle to which the Act, Part 6.2 applies—
(a) if—
(i) a driver of the vehicle has been convicted of an offence arising out of a contravention of section 4 while driving the vehicle, and
(ii) it was found by the court that, at the time of the offence, the driver was driving the vehicle at a speed exceeding 105 kilometres per hour, or
(b) if—
(i) a driver of the vehicle has paid a penalty prescribed for the purposes of the Act, section 195 in relation to an alleged offence so arising, and
(ii) the police officer or authorised officer who issued the relevant penalty notice indicated on the notice that, at the time of the alleged offence, the driver was driving the vehicle at a speed exceeding 105 kilometres per hour, or
(c) if—
(i) a penalty notice enforcement order under the Fines Act 1996 has been made, or is taken to have been made, against a driver of the vehicle in relation to an alleged offence so arising, and
(ii) the police officer or authorised officer who issued the relevant penalty notice indicated on the notice that, at the time of the alleged offence, the driver was driving the vehicle at a speed exceeding 105 kilometres per hour.
A notice under this section may require the responsible person on whom the notice was served to—
(a) make alterations to the vehicle so the speed at which it is capable of being driven is limited, in the manner prescribed for the purposes of the Act, Part 6.2, to not more than 100 kilometres per hour, and
(b) supply information concerning the alterations made to the vehicle as the notice indicates, and
(c) have the vehicle tested to determine whether the vehicle’s speed is limited in accordance with the Act, Part 6.2, and to provide a certificate to that effect in the manner and form specified in the notice.
A person who is authorised to inspect, service, repair and certify the proper working of a speed limiting mechanism fitted to a vehicle by the manufacturer of the speed limiting mechanism is prescribed for the purposes of the Act, section 163(2), definition of
Transport for NSW may exempt a person or vehicle from a specified provision of section 79 or 80—
(a) by order published in—
(i) the Gazette, or
(ii) a newspaper circulating in New South Wales, or
(b) by written notice—
(i) signed by a person who has received written authorisation from Transport for NSW to give the exemption, and
(ii) given to the person who is, or whose vehicle is, to be exempted.
An exemption may be unconditional or may be subject to conditions specified in the order or notice.
If an exemption is subject to conditions, the exemption ceases to have effect if a condition of the exemption is contravened.
An exemption granted in the manner provided by subsection (1)(b) may in the same manner be rescinded.
In relation to subsection (1)(a), the Interpretation Act 1987, section 43(2) provides that if an Act or statutory rule confers a power on a person or body to make an order, whether or not the order must be in writing, the power includes power to amend or repeal an order made in the exercise of the power.
A parking authority may establish and operate a
(a) setting aside pay parking spaces or pay parking areas in a road within its area of operations in accordance with TfNSW guidelines, and
(b) fixing the fees for parking a vehicle in a pay parking space or pay parking area.
A parking authority may install devices for use in connection with payment of the fees (
The fees for parking in a pay parking space or pay parking area are to be fixed—
(a) if the parking authority is a council—by resolution of the council, and
(b) if the parking authority is a declared organisation—in accordance with pricing principles set out in TfNSW guidelines.
Different fees may be fixed for—
(a) different pay parking spaces, and
(b) different pay parking areas, and
(c) different days, and
(d) different times of the day.
Subsection (2) sets out the information that must be displayed clearly—
(a) for a pay parking space—in, or in close proximity to, the pay parking space, or
(b) for a pay parking area—in the pay parking area, or
(c) for a pay parking device—on, or during the use of, the pay parking device.
The following information must be displayed—
(a) the fee, if any, fixed for the use of the pay parking space or pay parking area,
(b) the methods of payment that may be used to pay the fee,
(c) other information that may be set out in TfNSW guidelines for the purposes of this section.
A
A pay parking period commences on the date and time the pay parking period is initiated in accordance with the procedures of the parking authority.
A person must not, in relation to a vehicle parked in a pay parking space or pay parking area, falsely represent the relevant parking fee has been paid.
Maximum penalty—20 penalty units.
For the purposes of this section, ways in which a false representation is made include, but are not limited to, displaying in or on the vehicle—
(a) an article or thing resembling evidence of the payment of a relevant parking fee falsely suggesting the fee has been paid, or
(b) evidence of the pre-payment of a relevant parking fee that is altered, defaced, mutilated or illegible.
A person must not—
(a) damage a pay parking device, or
(b) deface a pay parking device,
(c) affix anything, including advertising matter, to a pay parking device, or
(d) do anything interfering with, or is likely to interfere with, the proper working of a pay parking device unless lawfully authorised to do so, or
(e) fraudulently operate a pay parking device.
Maximum penalty—20 penalty units.
A parking authority may, if it decides the use of a pay parking space or pay parking area should be temporarily discontinued, close the space or area.
A pay parking space or pay parking area is closed if a sign displaying words to the effect the space or area is temporarily closed is erected—
(a) for a pay parking space—in, or in close proximity to, the pay parking space, or
(b) for a pay parking area—in the pay parking area.
In this section, a
A driver who parks in a pay parking space or pay parking area that is temporarily closed under this section may commit an offence against the Road Rules 2014, rule 207–7.
This Division does not require a separate parking fee to be paid for a trailer drawn by another vehicle if the trailer remains attached to the vehicle while the vehicle is parked.
A council may, in accordance with TfNSW guidelines, agree with one or more other councils concerning the operation of pay parking schemes on a common payment basis.
The councils must, by resolution, fix fees on a common basis to be charged for parking in the pay parking schemes covered by the agreement.
Class 1, 2 | Level 7 | |
Rule 59, in relation to a motor vehicle or bicycle at toll booth | Class 1, 2 | Level 3 |
Rule 60, otherwise than in school zone | Class 1, 2 | Level 6 |
Rule 60, in school zone | Class 1, 2 | Level 7 |
Rules 66, 78, 78–1, 79, 121, 122, 123, 124, 126, 152, 274, 275, 277, 279, 281, 282, 284, 286 and 294 | Class 1 | Level 6 |
Rules 72, 73, 74, 75, 76, 77, 84, 85, 86, 87, 108, 114, 136, 140, 142, 144, 144–1, 145, 148, 148A, 149, 157(1), 159, 224, 224–1, 265(1), 267–1, 268, 268–2, 268–3, 269, 270(1)(a) and (2), 271(1)(a), (2)(a), (3) (in the circumstances specified in rule 271(2)(a)), (4), (5), (5A), (5B) and (5C), 271–1(1), 271–2(1), 287, 298 and 298–1 | Class 1 | Level 5 |
Rules 79–1, 79–2(1) and 218–1 | Class 1 | Level 2 |
Rule 82— | ||
| Class 1 | Level 6 |
| Class 1 | Level 1 |
Rule 83— | ||
| Class 1 | Level 6 |
| Class 1 | Level 2 |
| Class 1 | Level 1 |
Rules 93, 94, 95, 96, 97, 101A, 111, 115, 116, 125, 128, 143, 155 and 156 | Class 1 | Level 4 |
Rule 102— | ||
| Class 1, 2, 14 | Level 17 |
| Class 1, 2, 14 | Level 3 |
Rule 103 | Class 1, 2, 11, 14 | Level 4 |
Rule 104(1) and (3) | Class 1, 2, 11, 14 | Level 3 |
Rule 104(2)— | ||
| Class 1, 2, 11, 14 | Level 3 |
| Class 1, 2, 11, 14 | Level 17 |
Rules 105 and 107 | Class 1, 2, 14 | Level 8 |
Rule 106(1) and (3) | Class 1, 2, 11, 14 | Level 3 |
Rule 106(2)— | ||
| Class 1, 2, 11, 14 | Level 3 |
| Class 1, 2, 11, 14 | Level 17 |
Rule 119— | ||
| Class 1 | Level 2 |
| Class 1 | Level 1 |
Rule 127(1), in relation to a class B or class C motor vehicle in a Safe-T-Cam zone or average speed detection zone | Class 1, 2, 14 | Level 11 |
Rule 127(1), otherwise than in relation to a class B or class C motor vehicle in a Safe-T-Cam zone or average speed detection zone | Class 1 | Level 6 |
Rule 128A, otherwise than in school zone | Class 1 | Level 4 |
Rule 128A, in school zone | Class 1 | Level 5 |
Rules 129, 137 and 138— | ||
| Class 1 | Level 4 |
| Class 1 | Level 2 |
| Class 1 | Level 1 |
Rules 130, 131 and 135— | ||
| Class 1 | Level 5 |
| Class 1 | Level 2 |
| Class 1 | Level 1 |
Rule 132, other than rule 132(2A) in a school zone— | ||
| Class 1, 2 14 | Level 11 |
| Class 1, 14 | Level 5 |
| Class 1 | Level 5 |
| Class 1 | Level 2 |
| Class1 | Level 1 |
Rule 132(2A) in a school zone | Class 1 | Level 6 |
Rules 146, 147 and 150(1)— | ||
| Class 1, 2, 14 | Level 11 |
| Class 1 | Level 4 |
Rule 151— | ||
| Class 1 | Level 2 |
| Class 1 | Level 1 |
Rule 151A(2) | Class 1 | Level 8 |
Rules 154, 154A(1), (3) and (5) and 264 | Class 1, 2 | Level 5 |
Rule 155A | Class 1 | Level 4 |
Rule 157–1(1) | Class 1, 2 | Level 5 |
Rule 157–1(2) | Class 1, 2, 10, 13 | Level 5 |
Rules 160, 161, 212, 213, 216, 218, 219, 271(1)(b), (2)(b) and (3), 272 and 296(2) | Class 1 | Level 2 |
Rule 167, otherwise than in school zone | Class 1, 7, 10, 13 | Level 4 |
Rule 167, in school zone | Class 1, 10, 13 | Level 5 |
Rule 168, otherwise than in school zone | Class 1, 7, 10, 13 | Level 2 |
Rule 168, in school zone | Class 1, 10, 13 | Level 3 |
Rule 168–1 | Class 1, 7, 8, 9, 10, 12, 13 | Level 2 |
Rule 169 | Class 1, 7, 10, 13 | Level 4 |
Rule 170(1), (2) and (3), otherwise than in school zone | Class 1, 7, 10, 13 | Level 5 |
Rule 170(1), (2) and (3), in school zone | Class 1, 10, 13 | Level 6 |
Rules 171(1), 172(1), 173(1) and 174(2), otherwise than in school zone | Class 1, 7, 10 | Level 5 |
Rules 171(1), 172(1), 173(1) and 174(2), in school zone | Class 1, 10 | Level 6 |
Rule 175(1) | Class 1, 10 | Level 5 |
Rule 176 | Class 1, 7, 10, 13 | Level 4 |
Rules 177 and 178 | Class 1, 10, 13 | Level 4 |
Rules 179, 180, 181 and 190 | Class 1, 7, 10 | Level 3 |
Rule 179–1 | Class 1, 7, 10, 12 | Level 3 |
Rule 182(1) | Class 1, 2, 4, 7, 10, | Level 3 |
Rule 183(1), otherwise than in school zone | Class 1, 2, 3, 7, 10 | Level 4 |
Rule 183(1), in school zone | Class 1, 2, 3, 10 | Level 5 |
Rule 184(1), in relation to a minibus zone in a clearway, transit lane or bus lane | Class 1, 2, 3, 7, 10 | Level 3 |
Rule 184(1), otherwise than in relation to a minibus zone in a clearway, transit lane or bus lane | Class 1, 2, 3, 7, 10 | Level 2 |
Rule 186 | Class 1, 2, 7, 10 | Level 2 |
Rule 187(1) | Class 1, 2, 7, 10, 13 | Level 4 |
Rule 187(2) and (3) | Class 1, 7, 10, 13 | Level 4 |
Rule 187(4) | Class 1, 2, 7, 10, 13 | Level 4 |
Rules 188, 193, 194, 199, 200, 201, 202, 205, 208A, 209, 210 and 211 | Class 1, 7, 10 | Level 2 |
Rule 189, otherwise than in school zone | Class 1, 7, 10 | Level 4 |
Rule 189, in school zone | Class 1, 10 | Level 5 |
Rules 191, 192 and 203A | Class 1, 7, 10, 13 | Level 3 |
Rule 195(1), otherwise than in school zone | Class 1, 2, 7, 10 | Level 4 |
Rule 195(1), in school zone | Class 1, 2, 10 | Level 5 |
Rule 195(1–1), otherwise than in school zone | Class 1, 2, 7, 10 | Level 4 |
Rule 195(1–1), in school zone | Class 1, 2, 10 | Level 5 |
Rule 196(1) | Class 1, 2, 10 | Level 3 |
Rules 197(1) and 198(1) and (2), otherwise than in school zone | Class 1, 7, 10 | Level 4 |
Rules 197(1) and 198(1) and (2), in school zone | Class 1, 10 | Level 5 |
Rule 197(1A) and (1B), otherwise than in school zone | Class 1, 7, 10 | Level 2 |
Rule 197(1A) and (1B), in school zone | Class 1, 10 | Level 3 |
Rule 203(1) | Class 1, 7, 10, 12 | Level 7 |
Rules 203B and 203C | Class 1, 7, 10, 12 | Level 2 |
Rule 205A–1(1) | Class 1, 7, 10, 12, 13 | Level 4 |
Rules 207 and 207–7 | Class 1, 7, 10, 12 | Level 2 |
Rule 208(1), arising from a breach of rule 208(2), otherwise than in school zone | Class 1, 7, 10 | Level 4 |
Rule 208(1), arising from a breach of rule 208(2), in school zone | Class 1, 10 | Level 5 |
Rule 208(1), arising from a breach of rule 208(3), (4), (5), (7) or (8) | Class 1, 7, 10 | Level 2 |
Rule 208(1), arising from a breach of rule 208(6), otherwise than in school zone | Class 1, 7, 10 | Level 4 |
Rule 208(1), arising from a breach of rule 208(6), in school zone | Class 1, 10 | Level 5 |
Rule 215–1, in relation to a class B or class C motor vehicle in a Safe-T-Cam zone or average speed detection zone | Class 1, 2, 14 | Level 11 |
Rule 215–1, otherwise than in relation to a class B or class C motor vehicle in a Safe-T-Cam zone or average speed detection zone | Class 1 | Level 2 |
Rule 220–1(1) | Class 1 | Level 2 |
Rules 221–1, 294–3 and 300–5 | Class 1, 2, 14 | Level 2 |
Rule 221–2 | Class 1, 14 | Level 2 |
Rule 222–1 | Class 1, 2, 14 | Level 5 |
Rule 222–2 | Class 1, 2, 14 | Level 3 |
Rules 223, 228, 229, 230, 231, 232, 233, 234, 235, 235A, 236, 237, 238, 239, 240A, 240, 241, 242, 243, 244, 301, 302 and 303 | Class 1 | Level 1 |
Rules 226 and 227 | Class 1, 2, 14 | Level 2 |
Rule 245–1 | Class 1 | Level 6 |
Rules 254, 256 and 262–9 | Class 1 | Level 5 |
Rules 262–1, 262–4, 262–5, 262–6, 262–7(1), (2) and (3), 262–8, 262–10, 262–11, 262–12 and 262–13 | Class 1 | Level 2 |
Rule 264–1, where driver drives with 1 unrestrained passenger | Class 1, 2 | Level 5 |
Rule 264–1, where driver drives with 2 unrestrained passengers | Class 1, 2 | Level 8 |
Rule 264–1, where driver drives with 3 unrestrained passengers | Class 1, 2 | Level 10 |
Rule 264–1, where driver drives with 4 or more unrestrained passengers | Class 1, 2 | Level 12 |
Rule 270(1)(a) and (b), where unhelmeted rider rides bike with 1 unhelmeted passenger only | Class 1 | Level 8 |
Rule 270(1)(a) and (b), where unhelmeted rider rides bike with 2 unhelmeted passengers | Class 1 | Level 10 |
Rule 270(1)(a) and (b), where unhelmeted rider rides bike with 3 unhelmeted passengers | Class 1 | Level 12 |
Rule 270(1)(a) and (b), where unhelmeted rider rides bike with 4 or more unhelmeted passengers | Class 1 | Level 13 |
Rule 270(1)(b), where helmeted rider rides bike with 1 unhelmeted passenger only | Class 1 | Level 5 |
Rule 270(1)(b), where helmeted rider rides bike with 2 unhelmeted passengers | Class 1 | Level 8 |
Rule 270(1)(b), where helmeted rider rides bike with 3 unhelmeted passengers | Class 1 | Level 10 |
Rule 270(1)(b), where helmeted rider rides bike with 4 or more unhelmeted passengers | Class 1 | Level 12 |
Rule 291 | Class 1, 2, 14 | Level 5 |
Rule 291–1 | Class 1, 2, 14 | Level 3 |
Rule 291–2 | Class 1, 2, 13, 14 | Level 3 |
Rule 292(a) and (b) | Class 1, 2, 10, 14 | Level 6 |
Rule 292(c) | Class 1, 2, 10, 14 | Level 6 |
Rule 293(2) | Class 1, 2, 13, 14 | Level 6 |
Rule 294–1 | Class 1, 2, 14 | Level 6 |
Rule 294–2 | Class 1, 2 | Level 6 |
Rule 296(1), otherwise than in school zone | Class 1 | Level 3 |
Rule 296(1), in school zone | Class 1 | Level 4 |
Rules 300 and 300–1, otherwise than in school zone | Class 1, 2 | Level 5 |
Rules 300 and 300–1, in school zone | Class 1, 2 | Level 6 |
Rule 300–2(1) | Class 1 | Level 6 |
Rule 300–4 | Class 1, 2, 14 | Level 5 |
Rule 304(1) | Class 1, 13, 14 | Level 5 |
Rule 316–2(1) | Class 1, 2, 10, 13 | Level 3 |
Road Transport Act 2013 | ||
Column 1 | Column 2 | Column 3 |
Provision | Authorised officer | Penalty |
Section 50 | Class 1 | Level 9 |
Section 53(1)— | ||
| ||
| Class 1, 2, 14 | Level 7 |
| Class 1, 2, 14 | Level 9 |
| ||
| Class 1, 2, 14 | Level 8 |
| Class 1, 2, 14 | Level 11 |
| ||
| Class 1, 2, 14 | Level 7 |
| Class 1, 2, 14 | Level 9 |
| ||
| Class 1, 2, 14 | Level 7 |
| Class 1, 2, 14 | Level 9 |
| ||
| Class 1, 2, 14 | Level 8 |
| Class 1, 2, 14 | Level 11 |
| Class 1, 2, 14 | Level 9 |
Section 68(1)— | ||
| Class 1, 2 | Level 8 |
| Class 1, 2 | Level 3 |
| Class 1, 2, 14 | Level 12 |
| Class 1, 2, 10 | Level 3 |
| Class 1, 2, 10 | Level 4 |
| Class 1, 2, 10, 14 | Level 8 |
| Class 1, 2, 10, 14 | Level 8 |
Sections 73(3) and 75(2) | Class 1, 2 | Level 12 |
Sections 90(1), 92(1), 96, 97, 104G(1), 104I(1), 104M and 104N | Class 2 | Level 8 |
Sections 91, 92(2), 93, 94, 98(6), 104H, 104I(2), 104J, 104K and 104O(6) | Class 2 | Level 12 |
Section 110(1)–(3) if, in the 5 years before the offence, the person— | Class 1 | Level 7 |
| ||
| ||
Section 111(1) if, in the 5 years before the offence, the person— | Class 1 | Level 7 |
| ||
| ||
Section 116(1) | Class 1 | Level 8 |
Section 117(1)(c) | Class 1 | Level 6 |
Sections 119 and 120(3) | Class 1 | Level 13 |
Section 143(6) | Class 1, 2 | Level 5 |
Section 162 | Class 1, 2, 14 | Level 14 |
Section 169A(7) | Class 1, 2, 10 | Level 5 |
Section 175(2)(a) or (b) | Class 1, 2, 10, 14 | Level 2 |
Section 177(1) | Class 1, 2, 10, 14 | Level 9 |
Section 188(1)— | ||
| ||
| Class 1 | Level 12 |
| Class 1 | Level 17 |
| Class 1 | Level 8 |
Section 188(2)— | ||
| Class 1 | Level 12 |
| Class 1 | Level 8 |
Section 189(4)— | ||
| Class 1 | Level 8 |
| ||
| Class 1 | Level 12 |
| Class 1 | Level 17 |
Section 192(3) | Class 1 | Level 8 |
Sections 239(2) and 244(1)–(3) | Class 1 | Level 14 |
Section 243(1) and (2) | Class 1 | Level 15 |
Section 244(4) | Class 1 | Level 9 |
Road Transport (Driver Licensing) Regulation 2017 | ||
Column 1 | Column 2 | Column 3 |
Provision | Authorised officer | Penalty |
Clause 9(2) and (3) | Class 1, 2, 14 | Level 2 |
Clause 15(1)(a) | Class 1 | Level 9 |
Clauses 15(1)(b), 17(1A), 18(a) and (b) and 23(a) and (b) | Class 1 | Level 4 |
Clauses 16(a) and (b), 19, 41A(8) and (10), 96(14) and 122(1)(a), (b) and (c) | Class 1 | Level 2 |
Clause 17(1) | Class 1 | Level 5 |
Clause 17(2) | Class 1 | Level 7 |
Clause 41A(9) | Class 1 | Level 5 |
Clause 93(3) | Class 1 | Level 13 |
Clause 119(1), where the licence concerned is an interlock driver licence— | ||
| Class 1 | Level 13 |
| Class 1 | Level 13 |
Clause 119(1), otherwise than where the licence concerned is an interlock driver licence— | ||
| Class 1 | Level 7 |
| Class 1 | Level 9 |
| Class 1 | Level 5 |
| Class 1 | Level 7 |
| Class 1 | Level 4 |
Clauses 120, 121 and 123(2) | Class 1, 2 | Level 2 |
Road Transport (General) Regulation 2021 | ||
Column 1 | Column 2 | Column 3 |
Provision | Authorised officer | Penalty |
Section 11(1) | Class 1 | Level 6 |
Section 14(1) | Class 1 | Level 2 |
Sections 17(1), 18(1) and 19(2) | Class 1, 2, 14 | Level 5 |
Sections 19(3) and 20(2) and (3) | Class 1, 2, 14 | Level 3 |
Section 27(1) and (3) | Class 1, 2, 7, 10, 13 | Level 3 |
Section 28(1) | Class 1, 2, 10, 13, 14 | Level 3 |
Section 52(1), in relation to a contravention of a requirement of section 55(1) or 66 | Class 1, 2, 5, 6, 10, 11, 14 | Level 9 |
Section 52(1), in relation to a contravention of a requirement of section 60 | Class 1, 2, 5, 6, 10, 11, 14 | Level 3 |
Section 59(4) | Class 1, 2, 14 | Level 4 |
Section 64 | Class 1, 2 | Level 4 |
Section 67(a) and (b) | Class 1, 2, 10, 11, 14 | Level 4 |
Section 67(c) | Class 1, 2, 10, 11, 14 | Level 6 |
Section 72(1) | Class 1, 2, 5, 6, 10, 11, 14 | Level 3 |
Sections 88(1), 89(a) and (d), 123(1) and 124(a), (d) and (e) | Class 1, 7, 10, 12 | Level 4 |
Sections 89(b) and (c) and 124(b) and (c) | Class 1, 7, 10, 12 | Level 3 |
Section 106(2) | Class 1, 2 | Level 2 |
Section 108(1) and (3) | Class 1, 2 | Level 2 |
Sections 114, 115, 116, 117(2), 118(3) and 119(4) and (5) | Class 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13 | Level 8 |
Section 163(6), if the offence arises because the laden mass of the vehicle exceeds the maximum specified by the limit notice— | ||
| Class 1, 2, 10, 11, 14 | Level 5 |
| Class 1, 2, 10, 11, 14 | Level 8 |
| Class 1, 2, 10, 11, 14 | Level 10 |
| Class 1, 2, 10, 11, 14 | Level 11 |
Road Transport (Vehicle Registration) Regulation 2017 | ||
Column 1 | Column 2 | Column 3 |
Provision | Authorised officer | Penalty |
Clauses 23(4), 29(1), 30(1), 31, 36(8), 37(1), (3), (4), (6) and (7), 39(1), 42(3), 43(4), 47(5), 52(3), 53, 54, 55, 56(2) and (3), 60(1) except in relation to a matter provided for elsewhere in this table, 60(2), (4) and (5), 68(8) and (9), 69(4), 77(1), (2) and (3), 78, 129(2) and 130(1) and (3) | Class 1, 2 | Level 2 |
Clause 34(1) and (2) | Class 1 | Level 15 |
Clause 60(1)(a), if the vehicle is a class A motor vehicle | Class 1, 2 | Level 6 |
Clause 60(1)(a), if the vehicle is a class B motor vehicle | Class 1, 2, 14 | Level 8 |
Clause 60(1)(a), if the vehicle is a class C motor vehicle | Class 1, 2, 14 | Level 8 |
Clause 60(1)(b)(i), if the vehicle is a light vehicle that does not comply with the following provisions of the Light Vehicle Standards Rules— | ||
| Class 1, 2 | Level 3 |
| Class 1, 2 | Level 5 |
| Class 1, 2 | Level 3 |
| Class 1, 2 | Level 5 |
| Class 1, 2 | Level 3 |
| Class 1, 2 | Level 5 |
| Class 1, 2 | Level 5 |
| Class 1, 2 | Level 5 |
| Class 1, 2 | Level 5 |
| Class 1, 2 | Level 5 |
| Class 1, 2 | Level 3 |
| Class 1, 2 | Level 3 |
Clause 60(1)(b)(ii) | Class 1, 2 | Level 3 |
Clause 64(1) | Class 1, 2 | Level 8 |
Clause 66(4) | Class 1, 2, 14 | Level 2 |
Clauses 68(10) and 69(6) | Class 1, 2 | Level 4 |
Clause 80(4) | Class 1, 2, 14 |
Level 5 | ||
Clause 80(7) | Class 1, 2, 14 | Level 2 |
Clause 81(6) | Class 1, 2, 14 | Level 5 |
Clause 84(1) | Class 1, 2 | Level 9 |
Clauses 85(2) and (5) and 93(1), (2) and (3) | Class 2 | Level 8 |
Clause 85(6) | Class 2 | Level 5 |
Clauses 90(5), 94(2) and (3) and 95(1) and (2) | Class 2 | Level 9 |
Clauses 121(1) and 123ZA(1) | Class 1, 2 | Level 5 |
Clauses 116 and 123V | Class 2 | Level 8 |
Clauses 119(1) and (3), 121(3), 123Y(1) and (3) and 123ZA(3) | Class 2 | Level 12 |
Clause 128(1) | Class 1, 2, 14 | Level 2 |
Clause 128(2), if the defect notice is a minor defect notice | Class 1, 2, 14 | Level 5 |
Clause 128(2), if the defect notice is a major defect notice | Class 1, 2, 14 | Level 6 |
Clause 128(3) and (5) | Class 1, 2, 14 | Level 8 |
Clause 129(1) and (3), if the vehicle is a class A motor vehicle | Class 1, 2 | Level 6 |
Clause 129(4), if the vehicle is a class A motor vehicle | Class 1, 2 | Level 2 |
Clause 129(1), (3) and (4), if the vehicle is a class B motor vehicle or class C motor vehicle | Class 1, 2, 14 | Level 8 |
Roads Act 1993 | ||
Column 1 | Column 2 | Column 3 |
Provision | Authorised officer | Penalty |
Section 115(4) | Class 1, 2, 11 | Level 2 |
section 136
Blacktown City Council
Bland Council
Camden Council
Central Coast Council
Cessnock City Council
Clarence Valley Council
Eurobodalla Council
Fairfield City Council
Forbes Council
Glen Innes Severn Council
Inverell Council
Lachlan Council
Liverpool City Council
Muswellbrook Council
Nambucca Council
Richmond Valley Council
The Hills Council
Wagga Wagga City Council
Wingecarribee Council
Yass Valley Council
Charles Sturt University
Macquarie University
University of Newcastle
University of Sydney
University of Technology Sydney
University of Wollongong
Western Sydney University
(Repealed)
section 3
(a) if the vehicle is a light vehicle—the Light Vehicle Standards Rules, or
(b) if the vehicle is a heavy vehicle within the meaning of the Heavy Vehicle National Law (NSW)—the heavy vehicle standards within the meaning of the Law.
Note— See the Heavy Vehicle (Vehicle Standards) National Regulation (NSW).
(a) for a council—the council’s local government area, and
(b) for a declared organisation—the area of operations specified in relation to the organisation in Schedule 2, Column 2.
controlled loading zone has the same meaning as in the Road Rules 2014.
(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.
(a) the Act, Chapter 3, and
(b) the Road Transport (Driver Licensing) Regulation 2017.
(a) fixed by the parking authority, and
(b) displayed in the pay parking area, or on a pay parking device for the space or area.
(a) for a pay parking scheme—under section 93(1), and
(b) for the issue of parking permits—under section 120(3), and
(c) for a controlled loading zone scheme—under section 126(1).
(a) for Part 4—see section 51, and
(b) for Part 6 and Part 8, includes a horse.
Road Transport (General) Regulation 2021 (487). LW 27.8.2021. Date of commencement, 1.9.2021, sec 2. This Regulation has been amended by sec 173 of this Regulation and as follows—
No 38 | Public Spaces (Unattended Property) Act 2021. Assented to 29.11.2021. Date of commencement of Sch 2.2, 1.11.2022, sec 2 and 2022 (635) LW 28.10.2022. | |
(745) | Road Transport (General) Amendment (Miscellaneous) Regulation 2021. LW 10.12.2021. Date of commencement, on publication on LW, sec 2. | |
(228) | Road Transport (General) Amendment Regulation 2022. LW 20.5.2022. Date of commencement, on publication on LW, sec 2. | |
(339) | Transport Legislation Amendment (Penalties, Fees and Charges) Regulation 2022. LW 1.7.2022. Date of commencement of Sch 1.6, 1.7.2022, sec 2(b). | |
(402) | Road Amendment (Electric Scooter Trial) Rule 2022. LW 22.7.2022. Date of commencement, on publication on LW, sec 2. | |
(416) | Road Transport Legislation Amendment (National Heavy Vehicle Regulator) Regulation 2022. LW 29.7.2022. Date of commencement, on publication on LW, sec 2. | |
(505) | Road Transport (General) Amendment (Penalty Notice Offences) Regulation 2022. LW 26.8.2022. Date of commencement, on publication on LW, sec 2. | |
(692) | Road Transport Legislation Amendment Regulation 2022. LW 18.11.2022. Date of commencement, on publication on LW, sec 2. | |
(758) | Road Transport Legislation Amendment (Dimension Requirement Offences) Regulation 2022. LW 9.12.2022. Date of commencement, on publication on LW, sec 2. | |
(430) | Road Transport Legislation Amendment (Visiting Drivers) Regulation 2023. LW 4.8.2023. Date of commencement of Sch 2, 19.11.2023, sec 2(b). | |
(550) | Transport Legislation Amendment (Penalties, Fees and Charges) Regulation 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 4, assent, sec 2(c). | |
(50) | Road Transport (General) Amendment (University Traffic Offences) Regulation 2024. LW 1.3.2024. Date of commencement, on publication on LW, sec 2. | |
(197) | Road Transport Amendment (Automated Seatbelt Enforcement) Rule 2024. LW 7.6.2024. Date of commencement, 1.7.2024, sec 2. | |
(263) | Transport Legislation Amendment (Penalties, Fees and Charges) Regulation 2024. LW 28.6.2024. Date of commencement, 1.7.2024, sec 2. | |
(331) | Transport Legislation Amendment (Laboratories) Regulation 2024. LW 2.8.2024. Date of commencement, on publication on LW, sec 2. | |
No 73 | Road Transport Legislation Amendment (Speed Camera Detection) Act 2024. Assented to 31.10.2024. Date of commencement, assent, sec 2. | |
(125) | Road Transport Amendment (Miscellaneous) Regulation 2025. LW 28.3.2025. Date of commencement, on publication on LW, sec 2. | |
(308) | Transport Legislation Amendment (Penalties, Fees and Charges) Regulation 2025. LW 27.6.2025. Date of commencement of Sch 6, 1.7.2025, sec 2(b). |
Sec 3A | Ins 2021 No 38, Sch 2.2[1]. |
Sec 19 | Am 2025 (125), Sch 3[1]. |
Sec 24 | Subst 2024 (331), Sch 4. |
Sec 30 | Am 2022 (692), Sch 3[1]. |
Sec 60 | Am 2022 (692), Sch 3[2] [3]. |
Sec 75 | Am 2022 (416), Sch 3[1]–[3]. |
Sec 131 | Am 2024 No 73, Sch 2.2. |
Sec 132 | Am 2023 (430), Sch 2[1]. |
Sec 134 | Subst 2022 (339), Sch 1.6[1]; 2023 (550), Sch 6[1]; 2024 (263), Sch 6[1]; 2025 (308), Sch 6[1]. |
Sec 136 | Am 2022 (339), Sch 1.6[2]; 2023 (550), Sch 6[2]; 2024 (263), Sch 6[2]; 2025 (308), Sch 6[2]. |
Sec 137 | Am 2021 (745), Sch 1.1[1]; 2022 (692), Sch 3[4] [5]. |
Sec 140 | Am 2025 (308), Sch 6[3]. |
Sec 156 | Am 2025 (125), Sch 3[2]. |
Sec 163 | Am 2021 (745), Sch 1.1[2]. |
Sec 168 | Am 2022 (228), sec 3(1) (2). |
Sec 171A | Ins 2025 (125), Sch 3[3]. |
Sch 1 | Subst 2022 (339), Sch 1.6[3]; 2023 (550), Sch 6[3]; 2024 (263), Sch 6[3]; 2025 (308), Sch 6[4]. |
Sch 2 | Am 2022 (228), sec 3(3); 2024 (50), Sch 1[1]. |
Sch 4 | Am 2022 (416), Sch 3[4]; 2023 No 35, Sch 4.38; 2025 (125), Sch 3[4]. |
Sch 5 | Am 2021 (745), Sch 1.1[3]; 2022 (228), sec 3(4); 2022 (339), Sch 1.6[4]; 2022 (402), Sch 2.2. Subst 2022 (416), Sch 3[5]; 2022 (505), sec 3(1) (2). Am 2021 No 38, Sch 2.2[2] [3]; 2022 (692), Sch 3[6]–[11]; 2022 (758), Sch 1.3; 2023 (430), Sch 2[2]; 2024 (197), Sch 3[1] [2]; 2024 (263), Sch 6[4]–[6]; 2025 (125), Sch 3[5]–[20]; 2025 (308), Sch 6[5] [6]. |
Sch 6 | Am 2024 (50), Sch 1[2] [3]; 2025 (308), Sch 6[7]. |
Sch 7 | Rep 2021 (487), sec 173. |
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