Road Transport Legislation Amendment (Fees, Penalty Levels and Charges) Regulation 2016 (NSW)

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New South Wales

Road Transport Legislation Amendment

(Fees, Penalty Levels and Charges)

Regulation 2016

under the

Road Transport Act 2013

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Road Transport Act 2013.

DUNCAN GAY, MLC

Minister for Roads, Maritime and Freight

Explanatory note
The object of this Regulation is to increase various fees and charges and penalty levels for offences dealt with by way of a penalty notice issued under the Road Transport Act 2013. The increases are generally in line with movements in the Consumer Price Index.
The Regulation also increases the annual registration charges for chargeable heavy vehicles in the Road Transport (Vehicle Registration) Regulation 2007 in line with the charges set by the National Transport Commission for 2016–2017.

This Regulation is made under the Road Transport Act 2013, including sections 23 (the general statutory rule-making power) and 24, Schedule 1 and clause 2 of Schedule 2.

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

under the

Road Transport Act 2013

1      Name of Regulation

This Regulation is the Road Transport Legislation Amendment (Fees, Penalty Levels and Charges) Regulation 2016.

2      Commencement

This Regulation commences on 1 July 2016 and is required to be published on the
NSW legislation website.

Schedule 1 Amendment of Road Transport (Driver Licensing)
Regulation 2008

[1]      Schedule 3

Omit the Schedule. Insert instead:

Schedule 3 Fees

(Clause 111)

Service $

1          Issue or renewal of a driver licence (other than a provisional licence or learner licence):

(a) for a 1-year period 56
(b) for a 3-year period 132
(c) for a 5-year period 178
(d) for a 10-year period 330

2          Issue or renewal of:

(a) a provisional P1 licence 56
(b) a provisional P2 licence 88
(c) a learner licence 24

3          Issue of a replacement driver licence:

(a) for a learner licence 22
(b) for any other driver licence 26

4          Administration of a test to obtain a driver licence:

(a) a driver knowledge test 44
(b) a driving test or riding test 55
(c) a hazard perception test 44
(d) a driver qualification test 44

5          Processing an application relating to an authorised rider training course:

(a) for the issue of a learner licence 91
(b) for the issue of a provisional licence 136

6          Provision of a competency based assessment scheme relating to driver licensing:

(a) for participating in the scheme 27
(b) for the issue of a replacement log book 9

7          Issue of:

(a) a certificate relating to information from the Authority’s records 30
(b) any other document containing information from the Authority’s 22

records

Service $

8          Provision of:

(a) a road users’ handbook (in any language) 13
(b) a heavy vehicle driver handbook 13
(c) a motorcycle riders’ handbook 13
(d) a hazard perception handbook 13
(e) a driver qualification handbook 13
9
Interlock administration fee for an interlock driver licence 157
Schedule 2 Amendment of Road Transport (General)
Regulation 2013

[1]      Clause 123

Omit the clause. Insert instead:

123 Penalty levels

For the purposes of this Regulation, penalty amounts are expressed in terms of
the following levels:
Level 1 means a penalty of $72.
Level 2 means a penalty of $108.
Level 2A means a penalty of $114.
Level 3 means a penalty of $180.
Level 3A means a penalty of $189.
Level 4 means a penalty of $253.
Level 4A means a penalty of $265.
Level 5 means a penalty of $325.
Level 5A means a penalty of $341.
Level 6 means a penalty of $433.
Level 6A means a penalty of $455.
Level 7 means a penalty of $541.
Level 7A means a penalty of $568.
Level 8 means a penalty of $650.
Level 8A means a penalty of $682.
Level 9 means a penalty of $830.
Level 9A means a penalty of $872.
Level 10 means a penalty of $1,047.
Level 10A means a penalty of $1,099.
Level 11 means a penalty of $1,299.
Level 11A means a penalty of $1,364.
Level 12 means a penalty of $1,372.
Level 12A means a penalty of $1,440.
Level 13 means a penalty of $1,696.
Level 14 means a penalty of $2,238.
Level 14A means a penalty of $2,350.
Level 15 means a penalty of $2,384.
Level 15A means a penalty of $2,504.
Level 16 means a penalty of $3,393.
Level 16A means a penalty of $3,562.
Level 17 means a penalty of $3,679.

Level 17A means a penalty of $3,740.

Note. “A” numbers are used in relation to motor vehicle speeding offences under
Rule 20 of the Road Rules 2014.

[2]      Clause 143 Removal of unattended vehicles: section 143

Omit “$192” from clause 143 (2). Insert instead “$196”.

[3]      Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Fees
Fee category Provision Amount payable
prescribing fee ($)
1 Access to information contained in database of clause 5 (1) 22
declarations and orders maintained under section 22
of the Act
2 Daily storage fee for an impounded motor vehicle clause 48 21
under section 250 of the Act
3 Application for a permit under clause 50N clause 50N (2) (b) 70
4 Issue of information from records of the Authority clause 141 22
(including certificates and other documents issued
under section 257 of the Act)
Schedule 3 Amendment of Road Transport (Vehicle
Registration) Regulation 2007

[1]      Schedule 3

Omit the Schedule. Insert instead:

Schedule 3 Fees

(Clause 77 (1) (a))

Matter for which fee payable Fee ($)
Part 1 Registration or renewal of registration of a motor vehicle or trailer

(a)

Motor lorry (other than an articulated motor lorry or prime mover) with a GVM of 12 tonnes or more:

(i) for more than 6 months but not more than 1 year 282
(ii) for more than 3 months but not more than 6 months 141
(iii) for 3 months or less 71
(b) Articulated motor lorry:
(i) for more than 6 months but not more than 1 year 422
(ii) for more than 3 months but not more than 6 months 211
(iii) for 3 months or less 106
(c) Prime mover:
(i) for more than 6 months but not more than 1 year 282
(ii) for more than 3 months but not more than 6 months 141
(iii) for 3 months or less 71
(d) Tow truck with a GVM of 4.5 tonnes or more but less than 12 tonnes:
(i) for more than 6 months but not more than 1 year 175
(ii) for more than 3 months but not more than 6 months 88
(iii) for 3 months or less 44
(e) Tow truck with a GVM of 12 tonnes or more:
(i) for more than 6 months but not more than 1 year 282
(ii) for more than 3 months but not more than 6 months 141
(iii) for 3 months or less 71
(f) Trailer tow truck with a GVM of less than 4.5 tonnes:
(i) for more than 6 months but not more than 1 year 175
(ii) for more than 3 months but not more than 6 months 88
(iii) for 3 months or less 44
(g) Trailer with a GVM of 4.5 tonnes or more:
(i) for more than 6 months but not more than 1 year 208
Matter for which fee payable Fee ($)
(ii) for more than 3 months but not more than 6 months 104
(iii) for 3 months or less 52
(h) Bus or other vehicle (other than a public passenger vehicle) seating more than 8 adult persons with a GVM of less than 12 tonnes:
(i) for more than 6 months but not more than 1 year 175
(ii) for more than 3 months but not more than 6 months 88
(iii) for 3 months or less 44

(i)        Bus or other vehicle (other than a public passenger vehicle) seating more than 8 adult persons with a GVM of 12 tonnes or more:

(i) for more than 6 months but not more than 1 year 282
(ii) for more than 3 months but not more than 6 months 141
(iii) for 3 months or less 71
(j) Bus or other vehicle (being a public passenger vehicle) seating more than 8 adult persons with a GVM of less than 12 tonnes:
(i) for more than 6 months but not more than 1 year 286
(ii) for more than 3 months but not more than 6 months 143
(iii) for 3 months or less 72
(k) Bus or other vehicle (being a public passenger vehicle) seating more than 8 adult persons with a GVM of 12 tonnes or more:
(i) for more than 6 months but not more than 1 year 500
(ii) for more than 3 months but not more than 6 months 250
(iii) for 3 months or less 125
(l) Taxi-cab (not licensed to operate in a transport district within the meaning of the Transport Administration Act 1988):
(i) for more than 6 months but not more than 1 year 286
(ii) for more than 3 months but not more than 6 months 143
(iii) for 3 months or less 72
(m) Public passenger vehicle (other than a vehicle referred to elsewhere in this list):
(i) for more than 6 months but not more than 1 year 286
(ii) for more than 3 months but not more than 6 months 143
(iii) for 3 months or less 72
(n) Any vehicle not referred to elsewhere in this list:
(i) for more than 6 months but not more than 1 year 64
(ii) for more than 3 months but not more than 6 months 32
(iii) for 3 months or less 16

Note. Pursuant to clause 57 (2) (a) of this Regulation, the fees for registration or renewal of registration of a motor vehicle or trailer referred to in paragraphs (a)–(m) include a registration fee component and an inspection fee component for the applicable number of required inspections.

Matter for which fee payable Fee ($)
Part 2 Transfer of registration
(a) Application made within 14 days after vehicle acquired 32
(b) Application made more than 14 days after vehicle acquired 147

Part 3 Issue of 1 or 2 standard number-plates with same number

(a) Initial issue 44
(b) Replacement issue 44

Part 4 Trader’s plate

(a) Issue of a trader’s plate for a vehicle other than a motor bike:
(i) for 12 months 426
(ii) for one month 36
(b) Issue of a trader’s plate for a motor bike:
(i) for 12 months 104
(ii) for one month 10

Part 5 Initial inspection of registrable vehicle under clause 56, 57 or 71, otherwise than in relation to exhaust emission levels

(a) Motor lorry (other than an articulated motor lorry or a prime mover) with a 55
GVM of 4.5 tonnes or more but less than 12 tonnes
(b) Motor lorry (other than an articulated motor lorry or a prime mover) with a 218
GVM of 12 tonnes or more
(c) Articulated motor lorry 358
(d) Prime mover 218
(e) Tow truck with a GVM of less than 12 tonnes 111
(f) Tow truck with a GVM of 12 tonnes or more 218
(g) Tow truck trailer with a GVM of less than 4.5 tonnes 111
(h) Trailer (other than a tow truck trailer) with a GVM of less than 4.5 tonnes 24
(i) Trailer (including a tow truck trailer) with a GVM of 4.5 tonnes or more 144
(j) Bus or other vehicle seating more than 8 adult persons with a GVM of less than 111
12 tonnes
(k) Bus or other vehicle seating more than 8 adult persons with a GVM of 12 tonnes 218
or more
(l) Taxi-cab 111
(m) Public passenger vehicle (other than a vehicle referred to elsewhere in this list) 111
(n)
Motor bike 24
(o)
Any vehicle not referred to elsewhere in this list 40

Part 6 Further inspection of registrable vehicle that has failed earlier inspection under clause 56, 57 or 71

(a) Where a vehicle may be used while a failure is being rectified 45
(b) Where a vehicle may not be used while a failure is being rectified 91
Matter for which fee payable Fee ($)

Part 7 Inspection of registrable vehicle under clause 56 in relation to exhaust emission levels

Conduct of inspection 52
Part 8 Examiner’s authority
(a) Issue of original authority 177
(b) Issue of duplicate authority 22

Part 9 Proprietor’s authority

(a) Issue of original authority 354
(b) Issue of duplicate authority 22

[2]      Schedule 4 Registration charges for chargeable heavy vehicles

Insert after Part 8:

Part 9 Annual registration charges commencing with
2016–2017 financial year

Note. This Part divides the registration charges payable for heavy vehicles into regulatory components and road components. Section 25A of the Heavy Vehicle (Adoption of National Law) Act 2013 provides that an amount equal to any regulatory component that may be prescribed by the national regulations for the purposes of the definition of road use component in section 688 (3) of the Heavy Vehicle National Law (NSW) is authorised to be paid into the National Heavy Vehicle Regulator Fund until Chapter 2 of that Law comes into force in New South Wales. Clause 69A of the Heavy Vehicle (General) National Regulation (NSW) prescribes the regulatory component as the regulatory component of the charges paid for the registration of a heavy vehicle.

13

Amount of annual registration charge commencing with 2016–2017 financial year

(1) The annual registration charge for a chargeable heavy vehicle that is registered, or the registration of which is renewed, during the 2016–2017 financial year is:
(a) if the vehicle is a truck or prime mover—the sum of:

(i)      the road component of the charge, being the relevant amount (having regard to the number of axles of the vehicle) set out in Column 2, 3, 4 or 5 of Table 1.1 to this clause opposite the type of truck or prime mover concerned as specified in Column 1 of that Table, and

(ii)      the regulatory component of the charge, being the relevant amount (having regard to the number of axles of the vehicle) set out in Column 2, 3, 4 or 5 of Table 2.1 to this clause opposite the type of truck or prime mover concerned as specified in Column 1 of that Table, or

(b) if the vehicle is a trailer—the sum of:

(i)

the road component of the charge, being the relevant amount (having regard to the number of axles or axle group of the trailer) set out in Column 2, 3, 4 or 5 of Table 1.2 to this clause opposite the type of trailer concerned as specified in Column 1 of that Table, and

(ii)

the regulatory component of the charge, being the relevant amount (having regard to the number of axles or axle group of the trailer) set out in Column 2, 3, 4 or 5 of Table 2.2 to this clause opposite the type of trailer concerned as specified in Column 1 of that Table, or

(c) if the vehicle is a bus—the sum of:

(i)

the road component of the charge, being the relevant amount (having regard to the number of axles of the bus) set out in Column 2, 3 or 4 of Table 1.3 to this clause opposite the type of bus concerned as specified in Column 1 of that Table, and

(ii)

the regulatory component of the charge, being the relevant amount (having regard to the number of axles of the bus) set out in Column 2, 3 or 4 of Table 2.3 to this clause opposite the type of bus concerned as specified in Column 1 of that Table, or

(d) if the vehicle is a special purpose vehicle—the sum of:

(i)

the road component of the charge, being the amount (if any) specified by, or calculated in accordance with, Column 2 of Table 1.4 to this clause opposite the type of vehicle concerned as specified in Column 1 of that Table, and

(ii)

the regulatory component of the charge, being the amount (if any) specified by Column 2 of Table 2.4 to this clause opposite the type of vehicle concerned as specified in Column 1 of that Table.

(2)

The annual registration charge for a chargeable heavy vehicle that is registered, or the registration of which is renewed, during the 2016–2017 financial year continues to apply for each subsequent financial year unless another provision of this Schedule provides otherwise.

Table 1—Road component of annual registration charges
Table 1.1—Load carrying vehicles
Column 1 Column 2 Column 3 Column 4 Column 5
Vehicle type 2 axles 3 axles 4 axles 5 or more
axles
Trucks
Truck (type 1) $418 $732 $732 $732
Truck (type 2) $731 $831 $830 $830
Short $731 $830 $1,723 $1,723
combination
truck
Medium $9,052 $9,052 $9,776 $9,776
combination
truck
Long $12,513 $12,513 $12,513 $12,513
combination
truck
Prime movers
Short $732 $4,176 $4,489 $4,489

combination prime mover

Multi- $10,591 $10,591 $11,651 $11,651

combination prime mover

Table 1.2—Load carrying trailers
Column 1 Column 2 Column 3 Column 4 Column 5
Trailer type Single axle Tandem axle Tri-axle Quad-axle
group group group and
above
Pig trailer $622 per axle $622 per axle $623 per axle $622 per axle
Dog trailer $622 per axle $622 per axle $623 per axle $622 per axle
Semi trailer $622 per axle $790 per axle $562 per axle $421 per axle
B-double lead $622 per axle $790 per axle $562 per axle $421 per axle
trailer and
B-triple lead
and middle
trailers
Converter dolly No charge No charge No charge No charge
or low loader
dolly

Table 1.3—Buses

Column 1 Column 2 Column 3 Column 4
Bus type 2 axles 3 axles 4 or more axles
Bus (type 1) $314 n/a n/a
Bus (type 2) $314 $2,297 $2,297
Articulated bus n/a $314 $314

Table 1.4—Special purpose vehicles

Column 1 Column 2
Vehicle type Amount or formula for amount
Special purpose vehicle (type P) No charge
Special purpose vehicle (type T) $305
Special purpose vehicle (type O) An amount in dollars calculated using the
formula:
381 + (381 × Number of axles over 2)

Table 2—Regulatory component of annual registration charges

Table 2.1—Load carrying vehicles

Column 1 Column 2 Column 3 Column 4 Column 5
Vehicle type 2 axles 3 axles 4 axles 5 or more
axles
Trucks
Truck (type 1) $202 $238 $254 $254
Truck (type 2) $264 $336 $359 $359
Short $296 $375 $359 $359
combination
truck
Column 1 Column 2 Column 3 Column 4 Column 5
Vehicle type 2 axles 3 axles 4 axles 5 or more
axles
Medium $671 $671 $726 $726
combination
truck
Long $929 $929 $929 $929
combination
truck
Prime movers
Short $418 $418 $418 $418

combination prime mover

Multi- $945 $945 $1,039 $1,039

combination prime mover

Table 2.2—Load carrying trailers

Column 1 Column 2 Column 3 Column 4 Column 5
Trailer type Single axle Tandem axle Tri-axle Quad-axle
group group group and
above
Pig trailer $55 per axle $28 per axle $18 per axle $14 per axle
Dog trailer $55 per axle $28 per axle $18 per axle $14 per axle
Semi trailer $55 per axle $28 per axle $18 per axle $14 per axle
B-double lead $55 per axle $28 per axle $18 per axle $14 per axle
trailer and
B-triple lead
and middle
trailers
Converter dolly $55 per axle $28 per axle $18 per axle $14 per axle
or low loader
dolly

Table 2.3—Buses

Column 1 Column 2 Column 3 Column 4
Bus type 2 axles 3 axles 4 or more axles
Bus (type 1) $211 n/a n/a
Bus (type 2) $346 $429 $429
Articulated bus n/a $343 $343

Table 2.4—Special purpose vehicles

Column 1 Column 2
Vehicle type Amount or formula for amount
Special purpose vehicle (type P) No charge
Special purpose vehicle (type T) $209
Column 1 Column 2
Vehicle type Amount or formula for amount
Special purpose vehicle (type O) $209
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