Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2011 (NSW)

2011 No 325

New South Wales

Road Transport Legislation

Amendment (Penalty Levels and Fees)

Regulation 2011

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.

DUNCAN GAY, MLC

Minister for Roads and Ports

Explanatory note
The objects of this Regulation are:

(a)

to amend the Road Transport (General) Regulation 2005 to increase:

(i)	the penalty levels for penalties for motor vehicle offences that are dealt with by way of penalty notices issued under Part 5.3 of the Road Transport (General) Act 2005, and
(ii)	the fees for access to information and with respect to the clamping of vehicles, and

(b)

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

(i)	the issue of a Class 1, 2 or 3 permit, or a permit under Division 6 or 7 of Part 2 of that Regulation, and
(ii)	the issue of a permit exempting a person from the operation of any of the provisions of clause 53 (1) of that Regulation relating to the protection of loading or equipment of vehicles, and
(iii)	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), 18 (3), 183 (Penalty notices for certain offences),

219F (1) and (2), 223 (2) and 230.

Published LW 1 July 2011	Page 1
2011 No 325	Road Transport Legislation Amendment (Penalty Levels and Fees)
Clause 1	Regulation 2011

Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2011

under the

Road Transport (General) Act 2005

1      Name of Regulation

This Regulation is the Road Transport Legislation Amendment (Penalty
Levels and Fees) Regulation 2011.

2      Commencement

This Regulation commences on 1 July 2011 and is required to be published on the NSW legislation website.

Road Transport Legislation Amendment (Penalty Levels and Fees)	2011 No 325
Regulation 2011
Amendment of Road Transport (General) Regulation 2005	Schedule 1
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 $59.
Level 2 means a penalty of $88.
Level 2A means a penalty of $93.
Level 3 means a penalty of $147.
Level 3A means a penalty of $154.
Level 4 means a penalty of $206.
Level 4A means a penalty of $216.
Level 5 means a penalty of $265.
Level 5A means a penalty of $278.
Level 6 means a penalty of $353.
Level 6A means a penalty of $371.
Level 7 means a penalty of $441.
Level 7A means a penalty of $463.
Level 8 means a penalty of $530.
Level 8A means a penalty of $556.
Level 9 means a penalty of $677.
Level 9A means a penalty of $710.
Level 10 means a penalty of $853.
Level 10A means a penalty of $896.
Level 11 means a penalty of $1,059.
Level 11A means a penalty of $1,112.
Level 12 means a penalty of $1,118.
Level 12A means a penalty of $1,174.
Level 13 means a penalty of $1,383.
Level 14 means a penalty of $1,824.
Level 14A means a penalty of $1,915.
Level 15 means a penalty of $1,944.
Level 15A means a penalty of $2,041.

2011 No 325	Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2011
Schedule 1	Amendment of Road Transport (General) Regulation 2005

Level 16 means a penalty of $2,765.
Level 16A means a penalty of $2,904.
Level 17 means a penalty of $2,999.
Level 17A means a penalty of $3,149.

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
prescribing fee	payable ($)

1	Access to information contained in	clause 5 (1)	20
database of declarations and orders maintained under section 18 (3) of the Act
2	Daily storage fee for an impounded	clause 36	18
motor vehicle under section 223 (2) of the Act
3	Issue of information from records of	clause 175	20
the 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 an impounded motor vehicle and transport it to the place where it is to be clamped (the clamping place):

(a)	for transportation to a	252
clamping place within 10 kilometres of the call out place, and
(b)	in addition for each kilometre	6.13
in excess of 10 kilometres that the motor vehicle is transported

5 For clamping the motor vehicle clause 38A 284

Road Transport Legislation Amendment (Penalty Levels and Fees)	2011 No 325
Regulation 2011
Amendment of Road Transport (General) Regulation 2005	Schedule 1

Fee category	Provision	Amount
prescribing fee	payable ($)

6	For removing clamps from a motor	clause 38A	142
vehicle clamped at the home address of a driver or registered operator
In 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 agent
7	For each day that a clamped motor	clause 38A	19
vehicle is stored at a place under the control of, or used for the purposes of clamping motor vehicles by, a
clamping agent

2011 No 325	Road Transport Legislation Amendment (Penalty Levels and Fees) Regulation 2011
Schedule 2	Amendment of Road Transport (Mass, Loading and Access) Regulation 2005
Schedule 2	Amendment of Road Transport (Mass, Loading and Access) Regulation 2005

[1]      Clause 37 Permit application fees

Omit “$70” from clause 37 (1). Insert instead “$72”.

[2]      Clause 55 Exemption by permit

Omit “$70” from clause 55 (5). Insert instead “$72”.

[3]      Clause 68 Application for accreditation

Omit “$85” from clause 68 (2) (a). Insert instead “$87”.

[4]      Clause 68 (2) (b)

Omit “$28”. Insert instead “$29”.