Road Transport (Safety and Traffic Management) (Road Rules) Amendment (Rules Consolidation) Regulation 2008 (NSW)
2008 No 188
New South Wales
Road Transport (Safety and Traffic
Management) (Road Rules)
Amendment (Rules Consolidation)
Regulation 2008
under the
Road Transport (Safety and Traffic Management) Act 1999
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Road Transport (Safety and Traffic Management) Act 1999.
ERIC ROOZENDAAL, M.L.C.,
Minister for Roads
Explanatory note
The object of this Regulation is to amend the Road Transport (Safety and Traffic
Management) (Road Rules) Regulation 1999 (the Principal Regulation):
| (a) | to rename the Principal Regulation as the Road Transport (Safety and Traffic Management) Regulation 1999, and |
| (b) | to make other amendments to the Principal Regulation that are consequential on the consolidation of the road rules applicable in New South Wales in the Road Rules 2008 and the renaming of the Principal Regulation. |
This Regulation is made under the Road Transport (Safety and Traffic Management) Act 1999, including paragraph (c) of the definition of public transport lane offence in section 57B (1), section 71 (the general regulation-making power) and Schedule 1.
| Published in Gazette No 69 of 13 June 2008, page 5335 | Page 1 |
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| Clause 1 | Amendment (Rules Consolidation) Regulation 2008 |
Road Transport (Safety and Traffic Management) (Road
Rules) Amendment (Rules Consolidation) Regulation
2008
under the
Road Transport (Safety and Traffic Management) Act 1999
1 Name of Regulation
This Regulation is the Road Transport (Safety and Traffic Management) (Road Rules) Amendment (Rules Consolidation) Regulation 2008.
2 Commencement
This Regulation commences 1 July 2008.
3 Amendment of Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999
The Road Transport (Safety and Traffic Management) (Road Rules)
Regulation 1999 is amended as set out in Schedule 1.
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(Clause 3)
[1] Clause 1 Name of Regulation
Omit “(Road Rules)”.
[2] Clause 3 Definitions
Omit clause 3 (1). Insert instead:
(1) In this Regulation:
area of operations means:
(a) in relation to a council—the council’s local government area, and (b) in relation to a declared organisation—the area of operations specified in relation to that organisation in Column 2 of Schedule 3. articulated vehicle means a motor vehicle having at its rear a portion, on wheels, that is pivoted to, and a part of which (not being a pole, draw-bar or similar device or an accessory of it) is superimposed on, the forward portion of the vehicle. Authority guidelines means guidelines in force under clause 113. axle means that part of a vehicle consisting of one or more shafts, spindles or bearings in the same transverse vertical plane or between 2 parallel transverse vertical planes not more than 1 metre apart, by means of which, in conjunction with wheels mounted on such shafts, spindles or bearings, the whole or portion of the weight of the vehicle and its loading is continuously transmitted to the road surface. axle group means a single axle, a tandem axle group or a tri-axle
group.
bus means a motor vehicle built mainly to carry people that seats
over 12 persons (including the driver).
centreline of an axle or axle group means a transverse line
through the centre of the axle or axle group and that:
(a) in the case of a single axle comprising more than one axle or a tandem axle group, not being a twin steer axle group: (i) if both axles are fitted with an equal number of tyres, is a line located midway between those axles, or
| 2008 No 188 | Road Transport (Safety and Traffic Management) (Road Rules) Amendment (Rules Consolidation) Regulation 2008 |
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(ii) if one axle is fitted with twice the number of tyres than the other axle, is a line one third of the distance between the axles away from the axle fitted with the greater number of tyres toward the axle fitted with the lesser number of tyres, or
(b) in the case of a twin steer axle group, is a line located midway between the 2 axles in the group, or (c) in the case of a tri-axle group, is a line located midway between the extreme axles. controlled parking hours, in relation to a pay parking space or pay parking area, means the periods (as set out on the relevant traffic signs) during which a vehicle may not be parked in the space or area unless the relevant parking fee has been paid.
council means the council of a local government area.
coupon parking area has the same meaning as in rule 207–5 of
the Road Rules 2008.
coupon parking scheme means a scheme of the kind established
in accordance with Division 3 of Part 4.
coupon parking space has the same meaning as in rule 207–6 of
the Road Rules 2008.
declared organisation means an organisation specified in
Column 1 of Schedule 3.disabled person means a person:
(a)
who is unable to walk because of permanent or temporary loss of the use of one or both legs or other permanent medical or physical condition, or
(b)
whose physical condition is detrimentally affected as a result of walking 100 metres, or
(c)
who requires the use of crutches, a walking frame, callipers, scooter, wheelchair or other similar mobility aid.
goods vehicle means:
(a) a station wagon, or (b)
a vehicle constructed principally for the conveyance of goods.
heavy goods vehicle means a goods vehicle that is not a light
goods vehicle.
light goods vehicle means a goods vehicle that comprises a
station wagon or a motor bike combination.
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loading zone ticket means a ticket issued by or on behalf of the Authority (by means of a loading zone ticket machine) for display in or on a goods vehicle.
loading zone ticket machine means a device designed to issue loading zone tickets, and includes the stand on which such a device is erected.
metered parking area has the same meaning as in rule 207–1 of
the Road Rules 2008.
metered parking scheme means a scheme of the kind established
in accordance with Division 1 of Part 4.
metered parking space has the same meaning as in rule 207–1 of
the Road Rules 2008.
mobility parking scheme authority means an authority issued
under Division 2 of Part 6.
money based coupon means a parking coupon that allows a
person to park a vehicle in a coupon parking space for a period oftime calculated by reference to:
(a) the amount specified on the coupon as the parking fee that has been pre-paid for parking the vehicle in a coupon parking space, and (b) the relevant fee for the space. motor bike means any motor vehicle that has 2 wheels or, if a sidecar or sidebox is attached to it, has 3 wheels and includes a motor tricycle.
motor lorry means any motor vehicle (whether or not in combination with any trailer) that is constructed principally for the conveyance of goods or merchandise or for the conveyance of any kind of materials used in any trade, business or industry, or for use in any work other than the conveyance of persons, but does not include a motor bike or a tractor.
motor tricycle means any motor vehicle with 3 wheels and
having a GVM of one tonne or less.
multi-space parking meter means a parking meter that applies to
more than one metered parking space.
park has the same meaning as it has in the Road Rules 2008.
parking authority means a council or a declared organisation.
parking coupon means a voucher, card or similar article issued
by a parking authority (otherwise than by means of a parking
ticket machine) for display in or on a vehicle as evidence of the
pre-payment of a parking fee.
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parking meter means a device designed to indicate, or capable of indicating, whether the fee determined by the parking authority concerned in respect of any vehicle parking in a metered parking space to which the device applies has been paid, and includes the stand on which such a device is erected.
parking permit means a permit issued under clause 124.
parking ticket means a ticket issued by a parking authority (by
means of a parking ticket machine) for display in or on a vehicle
as evidence of the pre-payment of a parking fee.
parking ticket machine means a device designed to issue parking
tickets, and includes the stand on which such a device is erected.
pay parking area means a coupon parking area, a metered
parking area or a ticket parking area.
pay parking device means a device referred to in clause 101 (2)
(d) or 107 (2) (d).
pay parking scheme means a metered parking scheme, a coupon
parking scheme or a ticket parking scheme.
permissive parking sign means a traffic sign of the kind referred
to in rule 204 of the Road Rules 2008.
prime mover means a motor vehicle built to tow a semi-trailer.
public passenger service has the same meaning as it has in the
Passenger Transport Act 1990.
regular passenger service has the same meaning as it has in the
Passenger Transport Act 1990.
relevant parking fee, in relation to the parking of a vehicle in a
pay parking space, means the fee for parking a vehicle in the
space, for the day and time during which the vehicle is parked inthe space, as indicated on:
(a)
the parking meter or ticket machine for the space (in relation to a metered parking space or a ticket parking space), or
(b)
the permissive parking signs or coupon parking signs for the space (in relation to a coupon parking space).
road—see clause 3 (2).
road related area—see clause 3 (2).
semi-trailer means a trailer (including a pole-type trailer) that
has:
(a) one axle group or single axle towards the rear, and (b)
a means of attachment to a prime mover that would result in some of the load being imposed on the prime mover.
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sidecar means any car, box or other receptacle attached to the side of a motor bike and for the carriage of which a third wheel is provided.
single axle means one axle, or 2 axles the centrelines of which are
less than 1 metre apart.
smart card means a stored-value card keeping a record of
financial transactions made using the card.
special event parking area has the same meaning as in
rule 205A–1 of the Road Rules 2008.
station wagon has the same meaning as it has in the Road
Transport (Vehicle Registration) Regulation 2007.
tandem axle group means a combination of 2 axles, the
centrelines of which are not less than 1 metre and not more than
2 metres apart.
the Act means the Road Transport (Safety and Traffic
Management) Act 1999.
third edition ADR has the same meaning as in the Road
Transport (Vehicle Registration) Regulation 2007.
ticket-operated loading zone has the same meaning as in
rule 179–1 of the Road Rules 2008.
ticket parking area has the same meaning as in rule 207–3 of the
Road Rules 2008.
ticket parking scheme means a scheme of the kind established in
accordance with Division 2 of Part 4.
ticket parking space has the same meaning as in rule 207–4 of the
Road Rules 2008.
time based coupon means a parking coupon that allows a person
to park a vehicle in a coupon parking space for the period of time
specified on the coupon.
tractor means any motor vehicle constructed principally for the
purpose of supplying motive power for machinery or of hauling
any vehicle, but that is not capable of carrying any loading (other
than tools, spare parts, fuel, water, oil, or other accessories
necessary for use in connection with the vehicle) or any part of
the weight of a vehicle being drawn or its loading.
traffic sign has the same meaning as it has in the Road Rules
2008.
tri-axle group means a combination of 3 axles the centrelines of
the extreme axles of which are not less than 2 metres and not
more than 3.2 metres apart.
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twin steer axle group means a tandem axle group consisting of 2 single-tyred axles connected to the same steering system, that are fitted to a rigid vehicle or a prime mover.
vehicle, in Part 4, includes a horse.
[3] Clause 3 (3)
Omit “Australian Road Rules”. Insert instead “Road Rules 2008”.
[4] Clause 3 (4) and note
Omit clause 3 (4) and the note at the end of the clause.
[5] Part 2 Australian Road Rules
Omit the Part.
[6] Part 3
Omit the Part heading and the note beneath the heading. Insert instead:
Part 3 Responsibility for certain vehicle use [7] Part 3, Divisions 1–7
Omit the Divisions. Insert instead:
38
Causing, permitting or allowing certain 4.5 tonne vehicles and combinations to be driven in excess of 100 kilometres per hour
(1)
A person (other than a driver) must not cause, permit or allow a vehicle with a GVM over 4.5 tonnes or a vehicle and trailer combination with a GCM over 4.5 tonnes to be driven on a road at a speed in excess of 100 kilometres per hour.
Maximum penalty:
(a)
in the case of a vehicle that is a heavy motor vehicle (within the meaning of rule 10–2 of the Road Rules 2008) or coach—30 penalty units, or
(b) in any other case—20 penalty units. Note. A driver who drives such vehicles in excess of 100 kilometres per hour will commit an offence under rule 20 of the Road Rules 2008. See also rules 21 (2) and 25 (3) (a) of those Rules.
(2) In this clause:
vehicle, trailer and combination have the same meanings as in
the Road Rules 2008.
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43 Use of vehicle that drops waste oil or grease
The responsible person for a motor vehicle or trailer (other than the driver) must not cause, permit or allow or fail to take reasonable precautions to prevent a contravention of rule 291–2 of the Road Rules 2008.
Maximum penalty: 20 penalty units.
Note. Rule 291-2 of the Road Rules 2008 provides that the driver of a motor vehicle or trailer must not drive the vehicle without adequate precautions being taken to prevent waste oil or grease from the machinery, or from any other part, of the vehicle from dropping on the roadway.
47 Use of motor bike sidecars
(1)
The responsible person for a motor bike that is ridden with a passenger in a sidecar must not cause, permit or allow or fail to take reasonable precautions to prevent a contravention of rule 271 of the Road Rules 2008 in relation to how persons travel in the sidecar.
Maximum penalty: 20 penalty units.
Note. Rule 271 of the Road Rules 2008 provides for how persons are to ride motor bikes and travel in sidecars.
(2) Subclause (1) does not apply to the rider of a motor bike or a
passenger in a sidecar.48 Number of vehicles that may be drawn together
A person (other than a driver) must not cause or permit a vehicle to be driven in contravention of rule 294–1 (1) of the Road Rules 2008.
Maximum penalty: 20 penalty units.
Note. Rule 294-1 of the Road Rules 2008 provides that (subject to certain exceptions) a driver must not drive any of the following vehicles unless written permission is first obtained from the Commissioner of Police and all conditions of the permission are strictly complied with:
(a)
an articulated vehicle towing any motor vehicle, trailer or other vehicle,
(b)
any other motor vehicle towing more than one motor vehicle, trailer or other vehicle.
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55 Use of lights on vehicles generally
A person (other than a driver) must not cause or permit a light or other device fitted to a vehicle to be used in contravention of rule 218–1 of the Road Rules 2008.
Maximum penalty: 20 penalty units.
Note. A driver who uses a light or other device fitted to the driver’s vehicle in contravention of rule 218–1 of the Road Rules 2008 will also commit an offence under that rule.
56 Use of crimson flashing warning lights on certain local council vehicles
(1)
A person (other than a driver) must not cause or permit any crimson flashing warning light permitted to be fixed to a motor vehicle by clause 124 (4)–(9) of Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007 to be used unless the vehicle is being used by an employee of a council for the purposes of enforcing excess weight limits legislation.
Maximum penalty: 20 penalty units.
Note. See rule 221–1 (1) of the Road Rules 2008 for the corresponding offence in relation to drivers.
(2) In this rule:
excess weight limits legislation means any of the following:
(a) Chapter 3 of the Road Transport (General) Act 2005, (b) the Road Transport (Mass, Loading and Access) Regulation 2005. 58 Use of lights on stationary vehicles
(1)
A person (other than a driver) must not cause or permit a motor vehicle or trailer to stand on a road during a period of darkness unless the rear light and any clearance or side marker light required to be fitted to the vehicle by Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007 are lighted.
Maximum penalty: 20 penalty units.
Note. See rule 220–1 (1) of the Road Rules 2008 for the corresponding offence in relation to drivers of motor vehicles.
(2)
Subclause (1) does not apply to the standing of a vehicle on a length of road with street lighting that renders a motor vehicle or trailer clearly visible.
(3)
A person (other than a driver) must not cause or permit a motor vehicle to stand on a road during a period of darkness with its
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headlight lighted while the vehicle is not actually engaged in
dropping off, or picking up, passengers.
Maximum penalty: 20 penalty units.Note. See rule 220–1 (3) of the Road Rules 2008 for the corresponding offence in relation to drivers of motor vehicles.
(4) In this clause:
period of darkness has the same meaning as in the Road Rules
2008.59 Carriage of dangerous goods in prohibited areas
(1) A person (other than a driver) must not cause, permit or allow the use of a dangerous goods transporter on or in any prohibited area. Maximum penalty: 20 penalty units.
Note. Rule 300-2 of the Road Rules 2008 provides that the driver of a dangerous goods transporter must not use the vehicle on or in certain prohibited areas.
(2) The Commissioner of Police may issue a permit (whether with or without conditions) authorising a dangerous goods transporter to be used in a prohibited area. (3) A person does not commit an offence against subclause (1) if the
dangerous goods transporter is:
(a) displaying a permit issued under subclause (2) authorising it to be used in the prohibited area concerned, and (b) used in accordance with any conditions on which the permit was issued. (4) The holder of a permit issued under subclause (2) who, without lawful excuse, contravenes a condition of the permit is guilty of an offence. Maximum penalty: 20 penalty units. (5) A permit issued under clause 59 of this Regulation that was in force immediately before the commencement of this clause continues in force (subject to its conditions) as a permit for the purposes of this clause, unless it is revoked by the Commissioner of Police. (6) Terms or expressions used in this clause that are defined for the purposes of rule 300–2 of the Road Rules 2008 have the same meanings as in that rule.
[8] Part 3, Division 8
Omit the Division heading.
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[9] Clauses 81–86
Omit the clauses.
[10] Clause 87
Omit the clause. Insert instead:
87
Use of lengthy vehicles in central Sydney and on certain other roads
(1) A person (other than a driver) must not cause or permit a lengthy vehicle to be driven in contravention of rule 300–3 of the Road Rules 2008. Maximum penalty: 20 penalty units. Note. Rule 300-3 of the Road Rules 2008 provides that the driver of a lengthy vehicle must not, unless written permission is first obtained from the Authority and all the conditions of the permission are strictly complied with, drive the vehicle during certain times on weekdays in specified parts of central Sydney and other roads. (2) In this clause, lengthy vehicle has the same meaning as in
rule 300–3 of the Road Rules 2008.
[11] Clause 88 Use of toy vehicles on roads
Omit the clause.
[12] Clause 90 Inspection of driver licences by responsible persons
Insert at the end of clause 90 (1):
Note. Rule 300–5 of the Road Rules 2008 makes it an offence for the driver of a motor vehicle not to carry his or her driver licence.
[13] Clause 90 (2) and note
Omit the subclause and the note.
[14] Clause 93 School buses
Omit clause 93 (1).
[15] Clause 93 (4)
Omit the subclause.
[16] Clause 93 (5)
Omit “subclauses (3) and (4)”. Insert instead “subclause (3)”.
[17] Clause 93 (6)
Omit the subclause.
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[18] Clause 94 Warning signs and lights for school buses
Omit clause 94 (3)–(5).
[19] Clause 94 (7) (a)
Omit “clause, and”. Insert instead “clause.”.
[20] Clause 94 (7) (b)
Omit the paragraph.
[21] Clauses 96A and 96B
Omit the clauses.
[22] Clause 97 Metered parking schemes
Insert at the end of the clause:
Note. Rules 207–1 and 207–2 of the Road Rules 2008 make provision for parking in metered parking areas. Clause 3 (1) defines a metered parking area and metered parking space to have the same meanings as in rule 207–1.
[23] Clause 98 Metered parking areas
Insert at the end of clause 98 (1):
Note. Rules 207–1 and 207–2 of the Road Rules 2008 make provision for parking in metered parking areas. Clause 3 (1) defines a metered parking area and metered parking space to have the same meanings as in rule 207–1.
[24] Clause 98 (2)
Omit the subclause.
[25] Clauses 100–100B
Omit clause 100. Insert instead:
100 Misuse of parking meters A person must not:
(a)
insert in a parking meter anything other than cash (notes or coins) or other means of payment, such as a smart card, as specified on the meter, or
(b)
deface any parking meter or affix anything (such as advertising matter) to any parking meter.
Maximum penalty: 20 penalty units.
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| 100A | Damage to parking meters |
A person must not:
(a) damage a parking meter, or (b)
do anything that interferes with (or is likely to interfere with) the proper working of a parking meter, or
(c) fraudulently operate a parking meter. Maximum penalty: 20 penalty units.
| 100B | Temporary closure of metered parking space | |
| ||
| (2) A metered parking space is closed for the purposes of subclause (1) if a sign displaying words to the effect that the space is temporarily closed is erected in, or in close proximity to, the space. |
Note. A driver who parks in a space that is temporarily closed under this clause may commit an offence under rule 207-7 of the Road Rules 2008.
[26] Clause 101 Ticket parking schemes
Insert at the end of the clause:
Note. Rules 207–3 and 207–4 of the Road Rules 2008 make provision for parking in ticket parking areas. Clause 3 (1) defines a ticket parking area and ticket parking space to have the same meanings as in rules 207–3 and 207–4 respectively.
[27] Clauses 102–103A
Omit clauses 102 and 103. Insert instead:
102 Use of false or damaged parking tickets A person must not display in or on a vehicle that is parked in a ticket parking area:
(a)
any article or thing resembling a parking ticket that falsely suggests that the relevant parking fee has been paid, or
(b)
any parking ticket that is altered, defaced, mutilated or illegible.
Maximum penalty: 20 penalty units.
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103 Misuse of ticket machines
A person must not:
(a)
insert in a parking ticket machine anything other than cash (notes or coins) or other means of payment, such as a smart card, as specified on the machine, or
(b)
deface any parking ticket machine or affix anything (such as advertising matter) to any ticket machine.
Maximum penalty: 20 penalty units.
| 103A | Temporary closure of ticket parking areas and spaces | |||
|
Note. A driver who parks in a space or area that is temporarily closed under this clause may commit an offence under rule 207-7 of the Road Rules 2008.
[28] Clause 107 Coupon parking schemes
Insert at the end of the clause:
Note. Rules 207–5 and 207–6 of the Road Rules 2008 make provision for parking in coupon parking areas. Clause 3 (1) defines a coupon parking area and coupon parking space to have the same meanings as in rules 207–5 and 207–6 respectively.
[29] Clauses 108 and 109
Omit the clauses. Insert instead:
108 Use of false or damaged parking coupons A person must not display in or on a vehicle that is parked in a coupon parking area:
(a)
any article or thing resembling a parking coupon that falsely suggests that the relevant parking fee has been paid, or
(b)
any parking coupon that is altered, defaced, mutilated or illegible.
Maximum penalty: 20 penalty units.
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109 Temporary closure of coupon parking areas and spaces
(1) A parking authority may, if it decides that the use of a coupon parking area or coupon parking space should be temporarily discontinued, close the area or space. (2) A coupon parking area or coupon parking space is closed for the purposes of subclause (1) if a sign displaying words to the effect that the area or space is temporarily closed is erected in, or in close proximity to, the area or space. Note. A driver who parks in a space or area that is temporarily closed under this clause may commit an offence under rule 207-7 of the Road Rules 2008.
[30] Clause 118A
Insert after clause 118:
| 118A | Powers of police in emergency | |
|
(a)
direct a person not to cause or permit any vehicle to park in any part of a pay parking area, or
(b)
direct the responsible person for or driver of a vehicle parking in any part of a pay parking area to remove the vehicle from that part or (if no person appears to be in charge of the vehicle) to remove the vehicle from that part.
(2) A person must not, without reasonable excuse, fail to comply
with a direction under this clause.
Maximum penalty: 20 penalty units.
[31] Clause 119 Ticket-operated loading schemes
Insert at the end of the clause:
Note. Rule 179–1 of the Road Rules 2008 makes provision for parking in ticket-operated loading zones. Clause 3 (1) defines a ticket-operated loading zone to have the same meaning as in that rule.
[32] Clause 120 Ticket-operated loading zones
Omit the clause.
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[33] Clauses 121A and 121B
Insert after clause 121:
| 121A | Loading zone ticket machines and misuse of loading zone tickets |
| (1) Tickets issued by a loading zone ticket machine are to be free of |
charge.
(2)
A loading zone ticket is to differentiate between heavy goods vehicles and light goods vehicles by specifying an expiry time that:
(a)
in relation to a heavy goods vehicle, is 30 minutes after the time of its issue, and
(b)
in relation to a light goods vehicle, is 15 minutes after the time of its issue.
(3) A person must not:
(a)
deface any loading zone ticket machine or affix anything (such as advertising material) to any loading zone ticket machine, or
(b)
intentionally cause any loading zone ticket machine to produce more than one ticket on any one occasion (except for the purpose of obtaining a ticket that is not mutilated or illegible), or
(c)
interfere with any loading zone ticket machine, unless lawfully authorised to do so.
Maximum penalty: 20 penalty units. (4) A person must not display in or on a goods vehicle that is parked
in a ticket-operated loading zone:
(a)
any article or thing resembling a loading zone ticket that falsely suggests that the goods vehicle is parked lawfully in the zone, or
(b)
any loading zone ticket that is altered, defaced, mutilated or illegible.
Maximum penalty: 20 penalty units.
| 121B | Temporary closure of ticket-operated loading zones | |
| ||
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(2) A ticket-operated loading zone is closed for the purposes of subclause (1) if a sign displaying words to the effect that the zone is temporarily closed is erected in, or in close proximity to, the zone.
[34] Clause 122 Special event parking schemes
Insert at the end of the clause:
Note. Rule 205A–1 of the Road Rules 2008 makes provision for parking in special event parking areas. Clause 3 (1) defines a special event parking area to have the same meaning as in that rule.
[35] Clause 123 Special event parking areas
Omit the clause.
[36] Part 5, Division 3
Omit the Division.
[37] Clause 126J
Omit the clause. Insert instead:
126J Relaxation of parking restrictions Rule 206 of the Road Rules 2008 extends the period during which a vehicle displaying a scheme authority may be park on a road, or in an area, to which a permissive parking sign applies when the vehicle is being used for:
(a) the conveyance of the disabled person to whom the scheme authority was issued, or (b) the conveyance of disabled persons by the organisation to which the scheme authority was issued.
[38] Clause 126N Production of scheme authorities and other documents to authorised officers
Omit “Australian Road Rules” from clause 126N (1) (a).
Insert instead “Road Rules 2008”.[39] Clause 131 Devices that are prescribed for the purposes of section 50 of Act
Omit “Australian Road Rules” from clause 131 (1) (a) wherever occurring
(including the note).Insert instead “Road Rules 2008”.
| Road Transport (Safety and Traffic Management) (Road Rules) | 2008 No 188 |
| Amendment (Rules Consolidation) Regulation 2008 | |
| Amendment of Road Transport (Safety and Traffic Management) (Road | Schedule 1 |
| Rules) Regulation 1999 |
[40] Clause 131 (1) (c)
Omit the paragraph. Insert instead:
(c) any pay parking device, parking meter or parking ticket machine.
[41] Clause 131 (2), definition of “traffic control device”
Omit “Australian Road Rules” wherever occurring (including the note).
Insert instead “Road Rules 2008”.[42] Clause 132 Offences
Omit “A person must not drive or” from clause 132 (3). Insert instead “A person (other than a driver) must not”.
[43] Clause 132 (3)
Omit “Australian Road Rules”. Insert instead “Road Rules 2008”.
[44] Clause 132 (3)
Insert at the end of the subclause (after the maximum penalty):
Note. Rule 316-2 of the Road Rules 2008 provides that a driver must not drive a motor vehicle if a do not overtake turning vehicle sign is displayed on the rear of the vehicle or on the rear of a trailer that is attached to the vehicle unless the vehicle is, or the vehicle and trailer together, are 7.5 metres long or longer.
[45] Clause 138 Schemes to assist children to cross roads
Omit “Australian Road Rules” from clause 138 (8) wherever occurring.
Insert instead “Road Rules 2008”.[46] Clause 141 Manner of limiting speed
Omit “ADR (3rd Ed)” from clause 141 (1) (a).
Insert instead “third edition ADR”.
| 2008 No 188 | Road Transport (Safety and Traffic Management) (Road Rules) Amendment (Rules Consolidation) Regulation 2008 |
| Schedule 1 | Amendment of Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 |
[47] Part 12A
Insert after Part 12:
| Part 12A | Offences | |
| 153A | Determination of criminal responsibility | |
|
Subject to this clause, Chapter 2 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth (the Commonwealth Criminal Code) applies to an offence against this Regulation as if the Chapter were in force as a law of New South Wales.
Note. Chapter 2 of the Commonwealth Criminal Code codifies the general principles of criminal responsibility.
(2) Offences are strict liability offences An offence against this Regulation is a strict liability offence for the purposes of Chapter 2 of the Commonwealth Criminal Code (as applied by subclause (1)), except where this Regulation expressly provides otherwise.
(3) General defence of accident or reasonable effort Without limiting any defence under Chapter 2 of the Commonwealth Criminal Code (as applied by subclause (1)), a person is not liable to a penalty for any offence under this Regulation if the person proves to the satisfaction of the court dealing with the case that the offence:
(a) was the result of an accident, or (b)
could not have been avoided by any reasonable efforts on the person’s part.
(4) Operation of Crimes (Sentencing Procedure) Act 1999 not
affectedNothing in this Regulation affects the application of the Crimes (Sentencing Procedure) Act 1999 in relation to this Regulation (particularly, Divisions 4 and 5 of Part 2 of that Act).
Note. Divisions 4 and 5 of Part 2 of the Crimes (Sentencing Procedure) Act 1999 contain provisions relating to how offence provisions are to be interpreted. For instance, section 17 of that Act defines the amount of a penalty unit. Similarly, section 18 of that Act sets out rules for interpreting provisions in legislation that impose penalties.
| Road Transport (Safety and Traffic Management) (Road Rules) | 2008 No 188 |
| Amendment (Rules Consolidation) Regulation 2008 | |
| Amendment of Road Transport (Safety and Traffic Management) (Road | Schedule 1 |
| Rules) Regulation 1999 | |
| 153B | No double jeopardy for offence under this Regulation and the Road Rules 2008 |
If an act or omission constitutes an offence under this Regulation and the Road Rules 2008, the offender is not liable to be punished twice in respect of the offence.
[48] Clause 154 Penalties and disqualifications for speeding offences
Omit the clause.
[49] Clause 155 Removal of unattended vehicles: section 76
Omit “Australian Road Rules” from clause 155 (1) (a)–(c) wherever occurring.
Insert instead “Road Rules 2008”.
[50] Clause 155 (1) (d)
Omit “clause 96B”. Insert instead “the Road Rules 2008”.
[51] Clause 156C
Insert after clause 156B:
| 156C | Public transport lane offences |
For the purposes of paragraph (c) of the definition of public transport lane offence in section 57B (1) of the Act, the following offences are prescribed:
(a) rule 154 (1) of the Road Rules 2008, (b) rule 157–1 of the Road Rules 2008.
[52] Clause 158 Failure to comply with order, notice, direction or requirement
Insert “or the Road Rules 2008” after “this Regulation” wherever occurring.
[53] Clause 158 (1), note
Omit the note.
[54] Clause 158 (2), note
Omit “75 (2)”. Insert “118A (2)”.
[55] Clause 159 False or misleading information
Insert “or the Road Rules 2008” after “this Regulation”.
[56] Clause 159, note
Omit the note.
| 2008 No 188 | Road Transport (Safety and Traffic Management) (Road Rules) Amendment (Rules Consolidation) Regulation 2008 |
| Schedule 1 | Amendment of Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 |
[57] Clause 161 Certain provisions not to apply to emergency vehicles
Omit the clause.
[58] Schedule 1 Qualifications on application of Australian Road Rules
Omit the Schedule.
[59] Schedule 2 Prohibited areas for dangerous goods transporters
Omit the Schedule.
[60] Schedule 3 Declared organisations
Omit “Dictionary” from the source reference for the Schedule.
Insert instead “clause 3 (1)”.
[61] Dictionary
Omit the Dictionary.
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