Road Transport Legislation Amendment (Power-assisted Pedal Cycles) Regulation 2014 (NSW)

New South Wales

Road Transport Legislation Amendment

(Power-assisted Pedal Cycles) Regulation

2014

under the

Road Transport Act 2013

Her 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 and Freight

Explanatory note
The object of this Regulation is to prohibit the use of petrol-powered and other internal combustion-powered pedal cycles on New South Wales roads and road-related areas. This is achieved by:

(a)	removing the current exemption from registration for such pedal cycles (meaning that it will be an offence to use the unregistered vehicles on a road, under section 68 of the Road Transport Act 2013), and
(b)	removing the current exemptions from the requirement that the driver of a vehicle must be licensed, and from the prohibition on driving while disqualified, for riders of power-assisted pedal cycles that have an internal combustion engine or engines (although even a licensed driver will not be permitted to ride such pedal cycles on any road as they will be unregistered), and
(c)	removing power-assisted pedal cycles that have an internal combustion engine or engines from the definition of bicycle in the Road Rules 2008 so that provisions of those Rules about bicycles no longer apply to the use of such pedal cycles on roads (but will continue to apply to other power-assisted pedal cycles, such as those powered by an electric motor).

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

Road Transport Legislation Amendment (Power-assisted Pedal

Cycles) Regulation 2014

under the

Road Transport Act 2013

1      Name of Regulation

This Regulation is the Road Transport Legislation Amendment (Power-assisted
Pedal Cycles) Regulation 2014.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Schedule 1 Amendment of road transport legislation

1.1 Road Rules 2008

[1]      Dictionary

Insert “other than one that has an internal combustion engine or engines” after
“Commonwealth” in paragraph (b) of the definition of bicycle.

[2]      Dictionary, definition of “bicycle”

Insert at the end of paragraph (d):

, or

(e) any vehicle that has an internal combustion engine or engines.

1.2	Road Transport (Driver Licensing) Regulation 2008
Clause 102 Other exemptions from licensing
Insert “other than one that has an internal combustion engine or engines” after “Commonwealth” wherever occurring in clause 102 (1) (c) and (2) (c).
1.3	Road Transport (Vehicle Registration) Regulation 2007
Schedule 1 Application of Chapter 4 of Act and Regulation
Insert “other than one that has an internal combustion engine or engines” after “Commonwealth” where firstly occurring in clause 15.