Road Transport (Safety and Traffic Management) (Road Rules) Amendment (Speeding) Regulation 2002 (NSW)
2002 No 882
New South Wales
Road Transport (Safety and Traffic
Management) (Road Rules)
Amendment (Speeding) Regulation
2002
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.
CARL SCULLY, M.P.,
Minister for Roads
Explanatory note
The object of this Regulation is to amend the Road Transport (Safety and Traffic
Management) (Road Rules) Regulation 1999:
| (a) | to provide for additional penalties where a person drives a motor vehicle at a speed in excess of 130km/h, and |
| (a) | to increase the minimum licence disqualification period on conviction for an offence of exceeding the speed limit by more than 45km/h from 3 months to 6 months, and |
| (a) | to increase the minimum licence disqualification period on conviction for an offence of exceeding the speed limit by more than 30km/h from 1 month to 3 months. |
This Regulation is made under the Road Transport (Safety and Traffic Management) Act
1999, including section 71 (the general regulation-making power) and Schedule 1.
| Published in Gazette No 237 of 29 November 2002, page 10114 | Page 1 |
| 2002 No 882 | Road Transport (Safety and Traffic Management) (Road Rules) |
| Clause 1 | Amendment (Speeding) Regulation 2002 |
Road Transport (Safety and Traffic Management) (Road
Rules) Amendment (Speeding) Regulation 2002
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 (Speeding) Regulation 2002.
2 Commencement
This Regulation commences on 1 December 2002.
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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| Road Transport (Safety and Traffic Management) (Road Rules) | 2002 No 882 |
| Amendment (Speeding) Regulation 2002 | |
| Amendments | Schedule 1 |
| Schedule 1 Amendments |
(Clause 3)
[1] Clause 154 Penalties and disqualifications for speeding offences
Omit “subclauses (3)–(5)” from clause 154 (2).
Insert instead “subclauses (2A)–(5)”.[2] Clause 154 (2A)
Insert after clause 154 (2):
(2A) Exceeding speed limit by driving at speed of more than
130km/hA person who commits a speeding offence by driving at a speed in excess of 130km/h is:
(a) liable to a maximum penalty of 30 penalty units (in the case of a large motor vehicle) or 20 penalty units (in any other case), and (b) conviction for the offence:
(i)where the person exceeded the speed limit by more
than 45 km/h—for 6 months (without any specific
order) or, if the court on the conviction thinks fit to
order a longer period of disqualification, for the period
specified in the order, ordisqualifiedfromholdingadriverlicencebya than 30km/h but not more than 45km/h—for 3 months (without any specific order) or, if the court on the conviction thinks fit to order a longer period of disqualification, for the period specified in the order, or (iii)where the person exceeded the speed limit by 30km/ h or less—for 1 month (without any specific order) or, if the court on the conviction thinks fit to order a longer period of disqualification, for the period specified in the order.
[3] Clause 154 (3)–(5)
Insert “to whom subclause (2A) does not apply” after “A person” wherever occurring in clause 154 (3)–(5).
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| 2002 No 882 | Road Transport (Safety and Traffic Management) (Road Rules) Amendment (Speeding) Regulation 2002 |
| Schedule 1 | Amendments |
[4] Clause 154 (3) (b)
Omit “3 months”. Insert instead “6 months”.
[5] Clause 154 (4) (b)
Omit “1 month”. Insert instead “3 months”.
[6] Clause 154 (8) and (9)
Insert after clause 154 (7):
(8) Alternative verdicts in prosecutions of driving at speed
in excess of 130km/hIf on a prosecution of a person for an offence under subclause (2A), the court is satisfied that the person exceeded the relevant speed limit, but is not satisfied that the person was driving at a speed of more than 130 km/h, the court may:
(a)
convict the person of an offence under subsection (3) if it is satisfied that the speed limit was exceeded by more than 45km/h, or
(b)
convict the person of an offence under subsection (4) if it is satisfied that the speed limit was exceeded by more than 30km/h, or
(c)
convict the person of an offence under subsection (5) if it is not satisfied that the speed limit was exceeded by more than 30km/h.
(9) Definitions
In this clause:
heavy motor vehicle means:
(a) a motor vehicle that has a GVM exceeding 12 tonnes, or (b)
a motor vehicle and trailer combination that has a GCM exceeding 12 tonnes.
large motor vehicle means:
(a) a coach, or (b)
a motor vehicle that has a GVM exceeding 4.5 tonnes, or
(c)
a motor vehicle and trailer combination that has a GCM exceeding 4.5 tonnes.
BY AUTHORITY
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