Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2010 (NSW)
2010 No 299
New South Wales
Road Transport Legislation
Amendment (Penalty Levels and Fees)
Regulation 2010
under the
Road Transport (General) Act 2005
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Road Transport (General) Act 2005.
DAVID BORGER, MP
Minister for Roads
Explanatory note
The objects of this Regulation are:
| (a) | to amend the Road Transport (General) Regulation 2005 to increase: | |||||
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| (b) | to amend the Road Transport (Mass, Loading and Access) Regulation 2005 to increase the fees for: | |||||
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Except for penalties for motor vehicle speeding offences, the penalty level and fee increases are generally in line with movements in the Consumer Price Index. The penalty level increases for motor vehicle speeding offences under Rule 20 of the Road Rules 2008 are generally being increased by 5 per cent above the Consumer Price Index increases.
| Published LW 25 June 2010 | Page 1 |
| 2010 No 299 | |
| 2010 No 299 | |
| Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2010 Explanatory note |
This Regulation is made under the Road Transport (General) Act 2005, including sections 10 (the general regulation-making power), 18 (3), 183 (Penalty notices for certain offences), 219F (1) and (2), 223 (2) and 230.
| Road Transport Legislation Amendment (Penalty Levels and Fees) | 2010 No 299 |
| Regulation 2010 | Clause 1 |
Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2010
under the
Road Transport (General) Act 2005
1 Name of Regulation
This Regulation is the Road Transport Legislation Amendment (Penalty
Levels and Fees) Regulation 2010.
2 Commencement
This Regulation commences on 1 July 2010 and is required to be published on the NSW legislation website.
| 2010 No 299 | Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2010 |
| Schedule 1 | Amendment of Road Transport (General) Regulation 2005 |
| Schedule 1 | Amendment of Road Transport (General) Regulation 2005 |
[1] Clause 170
Omit the clause. Insert instead:
170 Penalty levels For the purposes of this Regulation, penalty amounts are
expressed in terms of the following levels:
Level 1 means a penalty of $57.
Level 2 means a penalty of $86.
Level 2A means a penalty of $90.
Level 3 means a penalty of $143.
Level 3A means a penalty of $150.
Level 4 means a penalty of $201.
Level 4A means a penalty of $211.
Level 5 means a penalty of $258.
Level 5A means a penalty of $271.
Level 6 means a penalty of $344.
Level 6A means a penalty of $361.
Level 7 means a penalty of $430.
Level 7A means a penalty of $451.
Level 8 means a penalty of $516.
Level 8A means a penalty of $541.
Level 9 means a penalty of $659.
Level 9A means a penalty of $692.
Level 10 means a penalty of $831.
Level 10A means a penalty of $872.
Level 11 means a penalty of $1,031.
Level 11A means a penalty of $1,083.
Level 12 means a penalty of $1,089.
Level 12A means a penalty of $1,143.
Level 13 means a penalty of $1,346.
Level 14 means a penalty of $1,776.
Level 14A means a penalty of $1,865.
Level 15 means a penalty of $1,893.
Level 15A means a penalty of $1,987.
| Road Transport Legislation Amendment (Penalty Levels and Fees) | 2010 No 299 |
| Regulation 2010 | |
| Amendment of Road Transport (General) Regulation 2005 | Schedule 1 |
Level 16 means a penalty of $2,693.
Level 16A means a penalty of $2,828.
Level 17 means a penalty of $2,920.
Level 17A means a penalty of $3,066.Note. “A” numbers are used in relation to motor vehicle speeding offences under Rule 20 of the Road Rules 2008.
[2] Schedule 1
Omit the Schedule. Insert instead:
Schedule 1 Fees
(Clauses 5, 36, 38A and 175)
Fee category Provision Amount payable prescribing fee ($)
1 Access to information contained in clause 5 (1) 19 database of declarations and orders maintained under section 18 (3) of the Act
2 Daily storage fee for motor vehicle clause 36 18 under section 223 (2) of the Act 3 Information from records of the clause 175 19 Authority (including certificates and
other documents issued under
section 230 of the Act)4 For travelling to a place (the call out clause 38A place) to collect a vehicle and
transport it to the place where it is to
be clamped (the clamping place):
(a) for transportation to a 245 clamping place within
10 kilometres of the call out
place, and(b) in addition for each kilometre 5.97 in excess of 10 kilometres
that the vehicle is transported
5 For clamping the vehicle clause 38A 277
| 2010 No 299 | Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2010 |
| Schedule 1 | Amendment of Road Transport (General) Regulation 2005 |
Fee category Provision Amount payable prescribing fee ($)
6 For removing clamps from a vehicle clause 38A 138 clamped at the home address of a
driver or registered operatorIn addition to any
amount specified in
item 4 or 5, the fee
is to include a
surcharge of 20%
for action taken by a
clamping agent
outside the usual
business operating
hours of the
clamping agent7 For each day that a clamped vehicle clause 38A 18.50 is stored at a place under the control
of or used for the purposes of
clamping vehicles by a clamping
agent[3] Schedule 3 Penalty notice offences
Omit all matter relating to Rule 20 of the Road Rules 2008.
Insert instead in Columns 1, 2 and 3, respectively:Rule 20 (except where the applicable speed limit is specified by rule 24–2, 24–3 or 24–4):
(a)
in the case of a class A motor vehicle and otherwise than in school zone:
(i) driven at a speed of not more than 10 km/h Class 1 Level 2A above the speed limit applicable (ii) driven at a speed of more than 10 km/h but Class 1 Level 4A not more than 20 km/h above the speed limit
applicable(iii) driven at a speed of more than 20 km/h but Class 1 Level 6A not more than 30 km/h above the speed limit
applicable(iv) driven at a speed of more than 30 km/h but Class 1 Level 9A not more than 45 km/h above the speed limit
applicable
| Road Transport Legislation Amendment (Penalty Levels and Fees) | 2010 No 299 |
| Regulation 2010 | |
| Amendment of Road Transport (General) Regulation 2005 | Schedule 1 |
(v) driven at a speed of more than 45 km/h Class 1 Level 14A above the speed limit applicable
(b)
in the case of a class B motor vehicle and otherwise than in school zone:
(i) driven at a speed of not more than 10 km/h Class 1 Level 5A above the speed limit applicable
(ii) driven at a speed of more than 10 km/h but Class 1 Level 6A not more than 20 km/h above the speed
limit applicable(iii) driven at a speed of more than 20 km/h but Class 1 Level 7A not more than 30 km/h above the speed
limit applicable(iv) driven at a speed of more than 30 km/h but Class 1 Level 9A not more than 45 km/h above the speed
limit applicable(v) driven at a speed of more than 45 km/h Class 1 Level 14A above the speed limit applicable
(c)
in the case of a class C motor vehicle and otherwise than in school zone:
(i) driven at a speed of not more than 10 km/h Class 1 Level 5A above the speed limit applicable
(ii) driven at a speed of more than 10 km/h but Class 1 Level 6A not more than 20 km/h above the speed
limit applicable(iii) driven at a speed of more than 20 km/h but Class 1 Level 7A not more than 30 km/h above the speed
limit applicable(iv) driven at a speed of more than 30 km/h but Class 1 Level 11A not more than 45 km/h above the speed
limit applicable(v) driven at a speed of more than 45 km/h Class 1 Level 16A above the speed limit applicable
Rule 20 (except where the applicable speed limit is specified by rule 24–2, 24–3 or 24–4):
(a)
in the case of a class A motor vehicle and in school zone:
(i) driven at a speed of not more than 10 km/h Class 1 Level 3A above the speed limit applicable
| 2010 No 299 | Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2010 |
| Schedule 1 | Amendment of Road Transport (General) Regulation 2005 |
(ii) driven at a speed of more than 10 km/h but Class 1 Level 5A not more than 20 km/h above the speed
limit applicable(iii) driven at a speed of more than 20 km/h but Class 1 Level 7A not more than 30 km/h above the speed
limit applicable(iv) driven at a speed of more than 30 km/h but Class 1 Level 10A not more than 45 km/h above the speed
limit applicable(v) driven at a speed of more than 45 km/h Class 1 Level 15A above the speed limit applicable
(b)
in the case of a class B motor vehicle and in school zone:
(i) driven at a speed of not more than 10 km/h Class 1 Level 6A above the speed limit applicable
(ii) driven at a speed of more than 10 km/h but Class 1 Level 7A not more than 20 km/h above the speed
limit applicable(iii) driven at a speed of more than 20 km/h but Class 1 Level 8A not more than 30 km/h above the speed
limit applicable(iv) driven at a speed of more than 30 km/h but Class 1 Level 10A not more than 45 km/h above the speed
limit applicable(v) driven at a speed of more than 45 km/h Class 1 Level 15A above the speed limit applicable
(c)
in the case of a class C motor vehicle and in school zone:
(i) driven at a speed of not more than 10 km/h Class 1 Level 6A above the speed limit applicable
(ii) driven at a speed of more than 10 km/h but Class 1 Level 7A not more than 20 km/h above the speed
limit applicable(iii) driven at a speed of more than 20 km/h but Class 1 Level 8A not more than 30 km/h above the speed
limit applicable(iv) driven at a speed of more than 30 km/h but Class 1 Level 12A not more than 45 km/h above the speed
limit applicable(v) driven at a speed of more than 45 km/h Class 1 Level 17A above the speed limit applicable
| Road Transport Legislation Amendment (Penalty Levels and Fees) | 2010 No 299 |
| Regulation 2010 | |
| Amendment of Road Transport (General) Regulation 2005 | Schedule 1 |
Rule 20 (where the applicable speed limit is specified by rule 24–2):
(a) in the case of a vehicle driven at a speed of not Class 1 Level 2A more than 10 km/h above the speed limit applicable (b) in the case of a vehicle driven at a speed of more Class 1 Level 4A than 10 km/h but not more than 20 km/h above the
speed limit applicable(c) in the case of a vehicle driven at a speed of more Class 1 Level 6A than 20 km/h but not more than 30 km/h above the
speed limit applicable(d) in the case of a vehicle driven at a speed of more Class 1 Level 9A than 30 km/h but not more than 45 km/h above the
speed limit applicable(e) in the case of a vehicle driven at a speed of more Class 1 Level 14A than 45 km/h above the speed limit applicable Rule 20 (where the applicable speed limit is specified by rule 24–3):
(a) in the case of a class A motor vehicle:
(i) driven at a speed of not more than 10 km/h Class 1 Level 2A above the speed limit applicable
(ii) driven at a speed of more than 10 km/h but Class 1 Level 4A not more than 20 km/h above the speed
limit applicable(iii) driven at a speed of more than 20 km/h but Class 1 Level 6A not more than 30 km/h above the speed
limit applicable(iv) driven at a speed of more than 30 km/h but Class 1 Level 9A not more than 45 km/h above the speed
limit applicable(v) driven at a speed of more than 45 km/h Class 1 Level 14A above the speed limit applicable
(b) in the case of a class B motor vehicle:
(i) driven at a speed of not more than 10 km/h Class 1 Level 5A above the speed limit applicable
(ii) driven at a speed of more than 10 km/h but Class 1 Level 6A not more than 20 km/h above the speed
limit applicable(iii) driven at a speed of more than 20 km/h but Class 1 Level 7A not more than 30 km/h above the speed
limit applicable
| 2010 No 299 | Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2010 |
| Schedule 1 | Amendment of Road Transport (General) Regulation 2005 |
(iv) driven at a speed of more than 30 km/h but Class 1 Level 9A not more than 45 km/h above the speed
limit applicable(v) driven at a speed of more than 45 km/h Class 1 Level 14A above the speed limit applicable
(c) in the case of a class C motor vehicle:
(i) driven at a speed of not more than 10 km/h Class 1 Level 5A above the speed limit applicable
(ii) driven at a speed of more than 10 km/h but Class 1 Level 6A not more than 20 km/h above the speed
limit applicable(iii) driven at a speed of more than 20 km/h but Class 1 Level 7A not more than 30 km/h above the speed
limit applicable(iv) driven at a speed of more than 30 km/h but Class 1 Level 11A not more than 45 km/h above the speed
limit applicable(v) driven at a speed of more than 45 km/h Class 1 Level 16A above the speed limit applicable
Rule 20 (where the applicable speed limit is specified by Class 1 Level 2A rule 24–4)
| Road Transport Legislation Amendment (Penalty Levels and Fees) | 2010 No 299 |
| Regulation 2010 | |
| Amendment of Road Transport (Mass, Loading and Access) Regulation | Schedule 2 |
| 2005 | |
| Schedule 2 | Amendment of Road Transport (Mass, Loading and Access) Regulation 2005 |
[1] Clause 37 Permit application fees
Omit “$69” from clause 37 (1). Insert instead “$70”.
[2] Clause 55 Exemption by permit
Omit “$69” from clause 55 (5). Insert instead “$70”.
[3] Clause 68 Application for accreditation
Omit “$83” from clause 68 (2) (a). Insert instead “$85”.
[4] Clause 68 (2) (b)
Omit “$27”. Insert instead “$28”.
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