Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2008 (NSW)

2008 No 256

New South Wales

Road Transport Legislation

Amendment (Penalty Levels and Fees)

Regulation 2008

under the

Road Transport (General) Act 2005

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Road Transport (General) Act 2005.

ERIC ROOZENDAAL, M.L.C.,

Minister for Roads

Explanatory note
The objects of this Regulation are:

(a)

to amend the Road Transport (General) Regulation 2005 to increase certain penalty levels for penalties for motor vehicle offences that are dealt with by way of penalty notices, and

(b)

to amend the Road Transport (Mass, Loading and Access) Regulation 2005 (the 2005 Regulation) to increase:

(i)	the fee for the issue of a Class 1, 2 or 3 permit, or a permit under Division 6 or 7 of Part 2 of the 2005 Regulation, and
(ii)	the fee for the issue of a permit exempting a person from the operation of any of the provisions of clause 53 (1) of the 2005 Regulation relating to the projection of loading or equipment of vehicles, and
(iii)	the fee for an application to be accredited under a Mass Management Accreditation Scheme.

The penalty level and fee increases are generally in line with movements in the Consumer
Price Index.
This Regulation is made under the Road Transport (General) Act 2005, including sections 10

(the general regulation-making power) and 183 (Penalty notices for certain offences).

Published in Gazette No 76 of 27 June 2008, page 6302	Page 1
2008 No 256	Road Transport Legislation Amendment (Penalty Levels and Fees)
Clause 1	Regulation 2008

Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2008

under the

Road Transport (General) Act 2005

1      Name of Regulation

This Regulation is the Road Transport Legislation Amendment (Penalty
Levels and Fees) Regulation 2008.

2      Commencement

This Regulation commences on 1 July 2008.

3 Amendment of Road Transport (General) Regulation 2005

The Road Transport (General) Regulation 2005 is amended as set out in Schedule 1.

4 Amendment of Road Transport (Mass, Loading and Access) Regulation 2005

The Road Transport (Mass, Loading and Access) Regulation 2005 is amended as set out in Schedule 2.

Road Transport Legislation Amendment (Penalty Levels and Fees)	2008 No 256
Regulation 2008
Amendment of Road Transport (General) Regulation 2005	Schedule 1
Schedule 1	Amendment of Road Transport (General) Regulation 2005

(Clause 3)

Clause 41

Omit the clause. Insert instead:

41      Penalty levels

For the purposes of this Regulation, penalty amounts are
expressed in terms of the following levels:
Level 1 means a penalty of $54.
Level 2 means a penalty of $81.
Level 3 means a penalty of $135.
Level 4 means a penalty of $189.
Level 5 means a penalty of $243.
Level 6 means a penalty of $324.
Level 7 means a penalty of $405.
Level 8 means a penalty of $486.
Level 9 means a penalty of $621.
Level 10 means a penalty of $783.
Level 11 means a penalty of $972.
Level 12 means a penalty of $1,026.
Level 13 means a penalty of $1,269.
Level 14 means a penalty of $1,674.
Level 15 means a penalty of $1,784.
Level 16 means a penalty of $2,538.
Level 17 means a penalty of $2,752.

2008 No 256	Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2008
Schedule 2	Amendment of Road Transport (Mass, Loading and Access) Regulation 2005
Schedule 2	Amendment of Road Transport (Mass, Loading and Access) Regulation 2005

(Clause 4)

[1]      Clause 37 Permit application fees

Omit “$65” from clause 37 (1). Insert instead “$66”.

[2]      Clause 55 Exemption by permit

Omit “$65” from clause 55 (5). Insert instead “$66”.

[3]      Clause 68 Application for accreditation

Omit “$79” from clause 68 (2) (a). Insert instead “$80”.

BY AUTHORITY