Road Transport (Statutory Rules) Act 2013 (NSW)

An Act to amend certain statutory rules under the existing road transport legislation consequent on the enactment of the Road Transport Act 2013 and Road Transport Legislation (Repeal and Amendment) Act 2013; and to provide for the terms of the Road Transport (General) Regulation 2013.

1Name of Act

This Act is the Road Transport (Statutory Rules) Act 2013.

2Commencement

This Act commences on the day (the repeal day) on which Schedule 1 (Repeal of certain existing road transport legislation) to the Road Transport Legislation (Repeal and Amendment) Act 2013 commences.

3Road Transport (General) Regulation 2013(1)

Schedule 3 sets out the terms of the Road Transport (General) Regulation 2013.

(2)

Clause 9 of Schedule 4 (Savings, transitional and other provisions) to the Road Transport Act 2013 provides for the following on and from the repeal day:

(a)
Schedule 3 to this Act is taken to be and has effect as a regulation under the Road Transport Act 2013,
(b)
Part 2 of the Subordinate Legislation Act 1989 does not apply to the regulation set out in Schedule 3 (but applies to any amendment or repeal of the regulation),
(c)
the regulation set out in Schedule 3 is taken, for the purposes of section 10 of the Subordinate Legislation Act 1989, to have been published on the repeal day,
(d)
sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to the regulation set out in Schedule 3 (but apply to any amendment or repeal of the regulation).

4Repeal of this Act

Section 30C (Automatic repeal of amending Acts that have commenced) of the Interpretation Act 1987 is taken to apply to this Act as if this Act were an amending Act for the purposes of that section.

Schedule 1Amendment of existing road transport statutory rules that are continued in forceRoad Rules 2008[1]Rule 4 Definitions—the Dictionary etc

Omit “the Dictionary to” from note 1 at the end of the rule.

[2]Rule 10–2 NSW rule: penalties and disqualifications for speeding offences

Omit “section 205 or 206 of the Road Transport (General) Act 2005” from rule 10–2 (4) (b) (i).

Insert instead “Division 4 of Part 7.4 of the Act”.

[3]Rule 12 What is a road

Omit the note to rule 12 (2). Insert instead:

Note—

The Minister administering the Act may, by order under section 18 of that Act, declare that provisions of the road transport legislation do not apply to a road or road related area or do apply to a specified area of the State that is open to or used by the public. The road transport legislation includes these Rules.

[4]Rule 13 What is a road related area

Omit note 2 from the end of the rule. Insert instead:

Note 2—

[5]Rule 20 Obeying the speed limit

Omit “Section 43A” and “section 43A” from note 5.

Insert instead “Division 3 of Part 5.3”.

[6]Rule 20, note 5

Omit “that section”. Insert instead “that Division”.

[7]Rule 21–1 NSW rule: school bus stop zone sign is speed limit sign

Omit “clause 94 of the Road Transport (Safety and Traffic Management) Regulation 1999” from the definition of warning system in rule 21–1 (3).

Insert instead “clause 25 of the Road Transport (General) Regulation 2013”.

[8]Rule 24–3 NSW rule: speed limit when bus displaying when lights flash speed limit sign

Omit “clause 94 of the Road Transport (Safety and Traffic Management) Regulation 1999” from the definition of warning system in rule 24–3 (5).

Insert instead “clause 25 of the Road Transport (General) Regulation 2013”.

[9]Rule 25–1 NSW rule: drivers to which Part does not apply

Omit “section 40 (1)” and “section 40 (2)” from rule 25–1 (1).

Insert instead “section 115 (1)” and “section 115 (2)”, respectively.

[10]Rule 179–1 NSW rule: stopping in ticket-operated loading zone

Omit “clause 121A of the Road Transport (Safety and Traffic Management) Regulation 1999” from the note to rule 179–1 (6).

Insert instead “clause 92 of the Road Transport (General) Regulation 2013”.

[11]Rule 179–1 (7), note

Omit “Clause 121B of the Road Transport (Safety and Traffic Management) Regulation 1999”.

Insert instead “Clause 93 of the Road Transport (General) Regulation 2013”.

[12]Rule 205A–1 NSW rule: parking in special event parking areas

Omit “clause 124 (2) (e) of the Road Transport (Safety and Traffic Management) Regulation 1999” from the definition of special event parking permit in rule 205A–1 (7).

Insert instead “clause 95 (2) (e) of the Road Transport (General) Regulation 2013”.

[13]Rule 206 Time extension for people with disabilities

Omit “Division 2 of Part 6 of the Road Transport (Safety and Traffic Management) Regulation 1999” wherever occurring in note 3 to rule 206 (1) and the definition of interstate or overseas authority in rule 206 (2–2).

Insert instead “Division 2 of Part 6 of the Road Transport (General) Regulation 2013”.

[14]Rule 207 Parking where fees are payable

Omit “Part 4 of the Road Transport (Safety and Traffic Management) Regulation 1999” from note 2 to rule 207 (2–1).

Insert instead “Division 1 of Part 5 of the Road Transport (General) Regulation 2013”.

[15]Rule 207–2 NSW rule: parking in metered parking spaces

Omit “clauses 100 and 100A of the Road Transport (Safety and Traffic Management) Regulation 1999” from note 2.

Insert instead “clauses 63 and 64 of the Road Transport (General) Regulation 2013”.

[16]Rule 207–4 NSW rule: parking in ticket parking spaces

Omit “clauses 102 and 103 of the Road Transport (Safety and Traffic Management) Regulation 1999” from the note to rule 207–4 (1).

Insert instead “clauses 70 and 71 of the Road Transport (General) Regulation 2013”.

[17]Rule 207–6 NSW rule: parking in coupon parking spaces

Omit “clause 108 of the Road Transport (Safety and Traffic Management) Regulation 1999” from the note to rule 207–6 (1).

Insert instead “clause 76 of the Road Transport (General) Regulation 2013”.

[18]Rule 207–7 NSW rule: parking in temporarily closed pay parking areas and spaces

Omit “Road Transport (Safety and Traffic Management) Regulation 1999” where firstly occurring.

Insert instead “Road Transport (General) Regulation 2013”.

[19]Rule 207–7, note 2

Omit “Clauses 100B, 103A, 109 and 111C of the Road Transport (Safety and Traffic Management) Regulation 1999”.

Insert instead “Clauses 65, 72, 77 and 81 of the Road Transport (General) Regulation 2013”.

[20]Rule 207–8 NSW rule: parking in phone parking areas

Omit “Road Transport (Safety and Traffic Management) Regulation 1999” from rule 207–8 (1) (b).

Insert instead “Road Transport (General) Regulation 2013”.

[21]Rule 221–1 NSW rule: using crimson flashing warning lights on certain local council vehicles

Omit “Road Transport (General) Act 2005” from paragraph (a) of the definition of excess weight limits legislation in rule 221–1 (2).

Insert instead “Road Transport (Vehicle and Driver Management) Act 2005”.

[22]Rule 222–2 NSW rule: using warning systems for buses carrying school children

Omit “94 of the Road Transport (Safety and Traffic Management) Regulation 1999” wherever occurring in rule 222–2 (5) (b) and (6) (including the notes).

Insert instead “25 of the Road Transport (General) Regulation 2013”.

[23]Rule 225 Australian Road Rule not reproduced

Omit “section 48 (2)” from note 1. Insert instead “section 119 (2)”.

[24]Rule 234 Crossing a road on or near a crossing for pedestrians

Omit “Part 10 (Child safety) of the Road Transport (Safety and Traffic Management) Regulation 1999” wherever occurring in rule 234 (3) (including the notes).

Insert instead “Division 5 (Child safety) of Part 3 of the Road Transport (General) Regulation 2013”.

[25]Rule 300–2 NSW rule: carriage of dangerous goods in prohibited areas

Omit “clause 59 (2) of the Road Transport (Safety and Traffic Management) Regulation 1999” from rule 300–2 (2) (a).

Insert instead “clause 18 (2) of the Road Transport (General) Regulation 2013”.

[26]Rule 300–4 NSW rule: school bus signs for school buses

Omit “clause 93 (5) of the Road Transport (Safety and Traffic Management) Regulation 1999” from rule 300–4 (4).

Insert instead “clause 24 (2) of the Road Transport (General) Regulation 2013”.

[27]Rule 300–4 (4), note 1

Omit “Clause 93 of the Road Transport (Safety and Traffic Management) Regulation 1999”.

Insert instead “Clause 24 of the Road Transport (General) Regulation 2013”.

[28]Rule 300–5 NSW rule: driver to carry licence while driving motor vehicle

Omit “Section 171 of the Road Transport (General) Act 2005 enables an authorised officer (which is defined in section 3 (1) of that Act to include a police officer)” from note 2.

Insert instead “Section 175 of the Act enables an authorised officer (which includes a police officer)”.

[29]Rule 307–1 NSW rule: exemption for drivers conducting mobile speed camera operations

Omit “(comprising an approved speed measuring device and an approved digital camera recording device)” from rule 307–1 (1).

Insert instead “(comprising one or more approved traffic enforcement devices approved for speed measurement and excess speed imaging within the meaning of the Act)”.

[30]Rule 307–1, note 1

Omit the note. Insert instead:

Note 1—

Approved traffic enforcement device is defined in the Act.

[31]Rule 318 Limited effect of certain traffic control devices

Omit “clause 124 of the Road Transport (Safety and Traffic Management) Regulation 1999” from the definition of permissive parking area in rule 318 (4).

Insert instead “clause 95 of the Road Transport (General) Regulation 2013”.

[32]Dictionary

Omit “Road Transport (Safety and Traffic Management) Regulation 1999” from the definition of disabled person.

Insert instead “Road Transport (General) Regulation 2013”.

[33]Dictionary, definitions of “electronic parking permit” and “printed parking permit”

Omit “clause 124 of the Road Transport (Safety and Traffic Management) Regulation 1999” wherever occurring.

Insert instead “clause 95 of the Road Transport (General) Regulation 2013”.

[34]Dictionary, definitions of “loading zone ticket”, “parking authority”, “parking coupon”, “parking meter”, “parking ticket” and “relevant parking fee”

Omit “Road Transport (Safety and Traffic Management) Regulation 1999” wherever occurring.

Insert instead “Road Transport (General) Regulation 2013”.

[35]Dictionary, definition of “mobility parking scheme authority”

Omit “Division 2 of Part 6 of the Road Transport (Safety and Traffic Management) Regulation 1999”.

Insert instead “Division 2 of Part 6 of the Road Transport (General) Regulation 2013”.

[36]Dictionary, definition of “oversize vehicle”

Omit the definition (including the notes to the definition). Insert instead:

oversize vehicle means a vehicle that has a dimension that, including the dimension of any load, exceeds a relevant dimension limit in:

(a)
the Act, or
(b)
the Road Transport (General) Regulation 2013, or
(c)
the Road Transport (Mass, Loading and Access) Regulation 2005, or
(d)
the Road Transport (Vehicle Registration) Regulation 2007, or
(e)
these Rules.

Note 1—

Vehicle is defined in rule 15.

Note 2—

This definition is not uniform with the corresponding definition in the Dictionary of the Australian Road Rules. However, the Australian Road Rules allow another law of this jurisdiction to declare a vehicle to be an oversize vehicle for the purposes of the Australian Road Rules. Different definitions may apply in other Australian jurisdictions.

[37]Dictionary, definition of “road transport legislation”

Omit the definition (including the note to that definition).

[38]Dictionary, definition of “the Act”

Omit “Road Transport (Safety and Traffic Management) Act 1999”.

Insert instead “Road Transport Act 2013”.

Road Transport (Driver Licensing) Regulation 2008[1]Clause 4 Definitions

Omit “Chapter 5 of the Road Transport (General) Act 2005” from the definition of alcohol interlock program in clause 4 (1).

Insert instead “Division 2 of Part 7.4 of the Act”.

[2]Clause 4 (1), definition of “class C motor vehicle”

Omit “(within the meaning of the Road Transport (Safety and Traffic Management) Act 1999)”.

[3]Clause 4 (1), definitions of “GCM and GVM” and “road transport legislation”

Omit the definitions.

[4]Clause 4 (1), definitions of “road” and “road related area”

Insert in alphabetical order:

road and road related area are defined in section 4 (1) of the Act.

[5]Clause 4 (1), definition of “the Act”

Omit “Road Transport (Driver Licensing) Act 1998”.

Insert instead “Road Transport Act 2013”.

[6]Clause 4 (1), note

Omit “the Dictionary to”. Insert instead “section 4 of”.

[7]Clause 9 Conditional licences and condition codes

Omit “Part 2A” from Column 2 of the matter relating to condition code I in the table to clause 9 (5).

Insert instead “Part 3.3”.

[8]Clause 14 Cancellation or suspension of learner licence

Omit “section 183 of the Road Transport (General) Act 2005” from clause 14 (b).

Insert instead “section 195 of the Act (or any former corresponding provision)”.

[9]Clause 15 Learner licence holder must be supervised in vehicle and display “L” plates

Omit “section 19A of the Act and sections 205 and 206 of the Road Transport (General) Act 2005” from clause 15 (2).

Insert instead “section 224 (1) (d) of the Act”.

[10]Clause 15 (3), note

Omit “Section 189 of the Road Transport (General) Act 2005”.

Insert instead “Section 207 of the Act”.

[11]Clause 15 (4) (b) (i)

Omit “section 205 or 206 of the Road Transport (General) Act 2005”.

Insert instead “Division 4 of Part 7.4 of the Act”.

[12]Clause 24 Cancellation or suspension of provisional P1 licence

Omit “section 183 of the Road Transport (General) Act 2005” from clause 24 (1) (b).

Insert instead “section 195 of the Act (or any former corresponding provision)”.

[13]Clause 24 (2)

Omit “section 189 of the Road Transport (General) Act 2005”.

Insert instead “section 207 of the Act”.

[14]Clause 25 Demerit points and speeding offences—eligibility for provisional P2 licence or unrestricted licence

Omit “section 33” from clause 25 (b). Insert instead “section 59”.

[15]Clause 29 Cancellation or suspension of provisional P2 licence

Omit “section 183 of the Road Transport (General) Act 2005” from clause 29 (1) (b).

Insert instead “section 195 of the Act (or any former corresponding provision)”.

[16]Clause 29 (2)

Omit “section 189 of the Road Transport (General) Act 2005”.

Insert instead “section 207 of the Act”.

[17]Clause 30 Demerit points and speeding offences—eligibility for unrestricted licence

Omit “section 33” from clause 30 (b). Insert instead “section 59”.

[18]Clause 31C Authority may extend provisional licence period

Omit “section 189 of the Road Transport (General) Act 2005” from clause 31C (8).

Insert instead “section 207 of the Act”.

[19]Clause 42 Suspended or disqualified persons not eligible

Omit clause 42 (1A). Insert instead:

(1A)

Despite subclause (1), a person who is issued with a notice of licence suspension under Part 3.2 of the Act is not eligible to apply for a driver licence on and from the date the notice is issued until:

(a)
if the notice is issued under section 33 of the Act and the person elects to be of good behaviour under section 36 of the Act, the time that the person so elects, or
(b)
if the person makes no such election or the notice is issued under section 36 (4) or 40 (1) of the Act, the end of the licence suspension.

[20]Clause 42 (4)

Omit “section 16, 16A or 17B”. Insert instead “Division 2 or 3 of Part 3.2”.

[21]Clause 46 When application for driver licence can be refused

Omit “section 33” from clause 46 (2) (c). Insert instead “section 59”.

[22]Clause 46 (2) (d)

Omit “section 16 (9) or 16A (8)”. Insert instead “section 36 (4)”.

[23]Clause 54 Application for surrender of driver licence

Omit “section 16, 16A, 17B or 33” from clause 54 (3) (b).

Insert instead “Division 2 or 3 of Part 3.2 or section 59”.

[24]Clause 54 (3) (c)

Omit the paragraph. Insert instead:

(c)

the licence is suspended under any of the following provisions:

(i)
Division 2 of Part 3.2 of the Act,
(ii)
Division 3 of Part 3.2 of the Act,
(iii)
section 59 of the Act,
(iv)
Division 4 of Part 7.4 of the Act,
(v)
clause 55 or 57.

[25]Clause 55 Variation, suspension or cancellation of driver licence by Authority

Omit “section 18A” from clause 55 (1) (m). Insert instead “section 61”.

[26]Clause 56

Omit the clause. Insert instead:

56Prescribed speeding offences for suspension or cancellation of licences

For the purposes of the definition of speeding offence in section 59 (6) of the Act, any offence that involves exceeding a speed limit fixed by or under the Act applicable to the relevant driver or vehicle by more than 30 kilometres per hour is prescribed.

[27]Clause 57 Procedures for variation, suspension or cancellation of driver licence

Omit “Division 3 of Part 3 of the Road Transport (General) Regulation 2005” from clause 57 (6).

Insert instead “Part 7.8 of the Act”.

[28]Clause 58 Notice of suspension or cancellation of driver licence

Omit “section 25A” from clause 58 (4). Insert instead “section 54”.

[29]Clause 59 Downgrading of driver licence

Omit “section 33” from clause 59 (1) (b). Insert instead “section 59”.

[30]Clause 60 Demerit points and offences

Omit “section 15 (1) (a)” from clause 60 (1).

Insert instead “section 32 (1) (a)”.

[31]Clause 60 (2)

Omit “section 15 (1) (b)”. Insert instead “section 32 (1) (b)”.

[32]Clause 71 Definitions

Omit “section 21B” and “Part 2A” wherever occurring.

Insert instead “section 46” and “Part 3.3”, respectively.

[33]Clause 72 Authority may issue interlock driver licence

Omit “section 194 of the Road Transport (General) Act 2005” from the note.

Insert instead “section 212 of the Act”.

[34]Clause 73 Additional application procedures

Omit “section 194 (1) of the Road Transport (General) Act 2005”.

Insert instead “section 212 (1) of the Act”.

[35]Clause 75 Converted interlock driver licences

Omit “section 192 of the Road Transport (General) Act 2005” from clause 75 (1).

Insert instead “section 210 of the Act”.

[36]Clause 76 Fit and proper persons

Omit “within the meaning of the Road Transport (General) Act 2005” from paragraph (b) of the definition of relevant offence in clause 76 (2).

[37]Clause 77 Eligibility for approval as approved interlock installer

Omit “Part 2A” from clause 77 (1). Insert instead “Part 3.3”.

[38]Clause 78 Eligibility for approval as approved interlock service provider

Omit “Part 2A” from clause 78 (1). Insert instead “Part 3.3”.

[39]Clause 81 Conditions of approvals

Omit “Part 2A” from clause 81 (3) (b). Insert instead “Part 3.3”.

[40]Clause 84 Show cause notice

Omit “section 21B (4)” from clause 84 (1). Insert instead “section 46 (4)”.

[41]Clause 85 Notice of revocation of approval

Omit “section 21B (4)” wherever occurring. Insert instead “section 46 (4)”.

[42]Clauses 87–90

Omit “Part 2A” wherever occurring. Insert instead “Part 3.3”.

[43]Clause 99 Interstate and international visitors

Insert “concerning the holding of a driver licence in this State” after “requirements” wherever occurring in clause 99 (1), (2) and (4).

[44]Clause 100 Golf and green keeping vehicles used on roads or road related areas

Omit “section 25 (1)” from clause 100 (1). Insert instead “section 53 (1)”.

[45]Clause 101 Drivers of light rail vehicles

Omit “section 25 (2)”. Insert instead “section 53 (3)”.

[46]Clause 101

Omit “within the meaning of the Road Transport (Safety and Traffic Management) Act 1999”.

[47]Clause 102 Other exemptions from licensing

Omit “section 25 (1)” from clause 102 (1). Insert instead “section 53 (1)”.

[48]Clause 102 (2)

Omit “Section 25A (1) (a), (3) (a) and (3A) (b) (i)”.

Insert instead “Section 54 (1) (a), (4) (a) and (5) (b) (i)”.

[49]Clause 103 NSW driver licence register

Omit “the driver licence register” and “the register” wherever occurring.

Insert instead “the NSW driver licence register”.

[50]Clause 106 Release of information relating to alcohol interlock program

Omit “section 21B” from clause 106 (a). Insert instead “section 46”.

[51]Clause 107 Release of certain photographs

Omit “Part 5” from clause 107 (1A). Insert instead “Part 3.5”.

[52]Clause 107 (1), note

Omit “section 41”. Insert instead “section 57”.

[53]Clause 107 (2)

Omit “section 41 (2)”. Insert instead “section 57 (2)”.

[54]Clause 107, note

Omit “Part 5 of the Road Transport (Driver Licensing) Act 1998” from the note at the end of the clause.

Insert instead “Part 3.5 of the Road Transport Act 2013”.

[55]Clause 108

Omit the clause. Insert instead:

108Purposes for which photographs may be kept and used(cf cl 60A 1999 Reg)

For the purposes of section 56 (1) (j) of the Act, the Authority may keep or use a photograph for any purpose for which a photograph of a person taken for the purposes of a mobility parking scheme authority may be kept and used by the Authority under the statutory rules made under the Act.

[56]Clause 108A Keeping and use of photographs: use of facial recognition technology

Omit “section 40 (1) (g)” and “Part 5” from clause 108A (1).

Insert instead “section 56 (1) (j)” and “Part 3.5”, respectively.

[57]Clause 108A (2), definition of “relevant permit”

Omit “Part 5” from paragraph (f) of the definition. Insert instead “Part 3.5”.

[58]Clause 108A (2), definition of “relevant permit”

Omit paragraph (g) of the definition. Insert instead:

(g)

the registration of a vehicle within the meaning of the Act,

[59]Clause 108A (2), definition of “relevant permit”

Omit “regulations made under the Road Transport (Safety and Traffic Management) Act 1999” from paragraph (j).

Insert instead “statutory rules made under the Act”.

[60]Clause 108A, note

Omit “Part 5 of the Road Transport (Driver Licensing) Act 1998”.

Insert instead “Part 3.5 of the Act”.

[61]Clause 110 Delegation of Authority’s powers

Omit the clause.

[62]Clause 111 Applicable fees

Omit “section 10 (1)” from clause 111 (b). Insert instead “section 271 (1)”.

[63]Clause 112 Waiver of fees

Insert “in connection with driver licensing” after “the Act” in clause 112 (1).

[64]Clause 120A Professional drivers

Omit “the Dictionary to” wherever occurring (including the note).

Insert instead “section 4 (1) of”.

[65]Clause 120B Exemptions for professional drivers

Omit “Section 16 (2)” from clause 120B (1). Insert instead “Section 33 (1)”.

[66]Clause 120B (2)

Omit “Section 16AA (2) (a)”. Insert instead “Section 34 (2) (a)”.

[67]Schedule 1 National schedule of demerit point offences

Insert before the matter relating to the Road Transport (General) Regulation 2005:

Road Transport Act 2013
Column 1	Column 2	Column 3	Column 4
Provision creating offence	Description of offence	Standard demerit points	Long weekend demerit points
Section 117 (1) (c)	Negligent driving (but not occasioning death or grievous bodily harm)	3	3

[68]Schedule 1

Omit “Road Transport (General) Regulation 2005”.

Insert instead “Road Transport (Vehicle and Driver Management) Regulation 2005”.

[69]Schedule 1

Omit the matter relating to the Road Transport (Safety and Traffic Management) Act 1999.

[70]Schedule 2 Additional demerit point offences

Insert after the matter relating to the Road Rules 2008:

Road Transport Act 2013
Column 1	Column 2	Column 3	Column 4
Provision creating offence	Description of offence	Standard demerit points	Long weekend demerit points
Section 68 (1), in relation only to a class B or class C motor vehicle	Use unregistered vehicle	4	4
Section 116 (1)	Burnout	3	3
Section 119 (2)	Stand/drive vehicle with speed measuring evasion article	9	9

[71]Schedule 2

Omit “Road Transport (General) Regulation 2005”.

Insert instead “Road Transport (Vehicle and Driver Management) Regulation 2005”.

[72]Schedule 2

Omit the matter relating to the Road Transport (Safety and Traffic Management) Act 1999 and Road Transport (Vehicle Registration) Act 1997.

Road Transport (Mass, Loading and Access) Regulation 2005[1]Clause 71 Variation, suspension and cancellation of accreditation

Omit clause 71 (6) (b). Insert instead:

(b)

an appeal to the Local Court under Part 7.8 of the Road Transport Act 2013 against a decision to cancel an accreditation operates, because of clause 135 of the Road Transport (General) Regulation 2013, to stay the decision pending the determination of the appeal.

[2]Dictionary

Omit “Road Transport (General) Act 2005” from the definition of the Act.

Insert instead “Road Transport (Vehicle and Driver Management) Act 2005”.

Road Transport (Vehicle Registration) Regulation 2007[1]Clause 3 Definitions

Omit the note to clause 3 (1).

[2]Clause 4 Application of Act and Regulation

Omit the clause.

[3]Clause 5 Registered operator of registrable vehicle

Omit clause 5 (3). Insert instead:

(3)

In this clause, requisite age means 16 years of age.

[4]Clause 8 Form of application

Omit “residential address” from clause 8 (2) (a).

Insert instead “home address”.

[5]Clause 8, note

Omit the note at the end of the clause. Insert instead:

Note—

Section 4 of the Act defines home address, in relation to a body corporate that has a registered office in Australia, to mean the address of its registered office.

[6]Clauses 9 (2), 83YA (2) and 83ZC

Omit “register of written-off vehicles” wherever occurring.

Insert instead “NSW written-off vehicles register”.

[7]Clause 11 Duration of registration

Omit “heavy vehicle or” from clause 11 (2).

[8]Clause 14 Maintenance of the Registers

Omit “section 10” and “residential address” wherever occurring in clause 14 (1) (a) and (a1).

Insert instead “section 64” and “home address”, respectively.

[9]Clause 14 (1), note

Omit the note at the end of the subclause. Insert instead:

Note—

Section 4 of the Act defines home address, in relation to a body corporate that has a registered office in Australia, to mean the address of its registered office.

[10]Clause 14 (2A)

Omit the subclause. Insert instead:

(2A)

The Authority must record details of any finding of guilt under section 243 of the Act in the Register or another register kept by the Authority.

[11]Clause 15 Certificates of registration

Omit “Part 2A of” from clause 15 (1) (i). Insert instead “Schedule 2 to”.

[12]Clause 15 (1) (m)

Omit the paragraph. Insert instead:

(m)

if the vehicle was first recorded on the register of written-off vehicles kept under Part 2AA of the former Road Transport (Vehicle Registration) Act 1997 or on the NSW written-off vehicles register at some time on or after 31 January 2011—the fact that the vehicle is recorded on the NSW written-off vehicles register.

[13]Clause 31 Obligations of registered operators

Omit “residential address” from clause 31 (1) (b).

Insert instead “home address”.

[14]Clause 31 (1), note

Omit the note. Insert instead:

Note—

Section 4 of the Act defines home address, in relation to a body corporate that has a registered office in Australia, to mean the address of its registered office.

[15]Clause 31 (3) (b)

Omit “Part 2A of”. Insert instead “Schedule 2 to”.

[16]Clause 31 (4)

Omit “section 17J of”. Insert instead “clause 11 of Schedule 2 to”.

[17]Clause 41 Suspension or cancellation of registration by Authority

Omit clause 41 (1) (m).

[18]Clause 41 (1), note

Omit the note at the end of the subclause.

[19]Clause 41 (2A)

Omit “section 179 (6) of the Road Transport (General) Act 2005”.

Insert instead “section 188 (1) of the Act or a former corresponding provision”.

[20]Clause 41 (4)

Omit the subclause. Insert instead:

(4)

In this clause, traffic law means:

(a)
a provision of Chapter 4 of the Act or this Regulation, or
(b)
any other provision of the road transport legislation.

[21]Clause 42 Procedures for suspension and cancellation of registration

Omit clause 42 (2) (b) (iv). Insert instead:

(iv)

if there is a right under Part 7.8 of the Act to appeal against the decision—advises the registered operator of the right of appeal.

[22]Clause 42 (3) (c)

Omit “section 16C of the Road Transport (Vehicle Registration) Act 1997”.

Insert instead “section 84 of the Act”.

[23]Clause 45 Use of vehicles with trader’s plates on road or road related area

Omit “section 18 (2) (b)”. Insert instead “section 68 (2) (b)”.

[24]Clauses 50A (1) and 50B

Omit “section 18 (2) (b)” wherever occurring.

Insert instead “section 68 (2) (b)”.

[25]Clause 52 Registrable vehicles to comply with vehicle standards specified in Schedule 2

Omit “section 26” from clause 52 (3) (a). Insert instead “section 76”.

[26]Clause 64 Notification of decisions by Authority

Omit clause 64 (2) (b) (including the note to the subclause). Insert instead:

(b)

if the holder appeals to the Local Court under Part 7.8 of the Act against the decision—subject to any orders of the Court and to the provisions of clause 135 of the Road Transport (General) Regulation 2013.

[27]Clause 70 Issue of defect notices and formal warnings

Omit “Section 26” from the note at the end of clause 70 (1).

Insert instead “Section 76”.

[28]Clause 75 Variation, suspension or cancellation of accreditation

Omit clause 75 (2) (c) (including the note at the end of the paragraph).

Insert instead:

(c)

the registered operator’s right, after an internal review is finalised, to appeal against the decision to the Local Court under Part 7.8 of the Act, and

[29]Clause 75 (4) (b)

Omit the paragraph. Insert instead:

(b)

an appeal to the Local Court under Part 7.8 of the Act against a decision to cancel an accreditation operates, because of clause 135 of the Road Transport (General) Regulation 2013, to stay the decision pending the determination of the appeal.

[30]Clause 76 Internal review of variation, suspension or cancellation of accreditation

Omit clause 76 (7) (c) (including the note at the end of the subclause).

Insert instead:

(c)

the registered operator’s right to appeal against the decision to the Local Court under Part 7.8 of the Act.

[31]Clause 76AO Service of notices under Part

Omit “Clause 7 of the Road Transport (General) Regulation 2005” from the note.

Insert instead “Clause 7 of the Road Transport (General) Regulation 2013”.

[32]Clause 76C Annual registration charges for chargeable heavy vehicles

Omit “section 17A of” from clause 76C (1).

Insert instead “clause 2 of Schedule 2 to”.

[33]Clause 76D Calculation of refund of registration charges for heavy vehicles on cancellation of registration

Omit “section 17L (2) (b) of” from clause 76D (1).

Insert instead “clause 13 (2) (b) of Schedule 2 to”.

[34]Clause 76D (2)

Omit “Part 2A of” from the definition of charge.

Insert instead “Schedule 2 to”.

[35]Clause 77 Fees

Omit the note to clause 77 (2). Insert instead:

Note—

These fees are fixed under section 271 (1) of the Act and are required to be published in the Gazette.

[36]Clause 83B Meaning of “written-off vehicle”

Omit “section 16B (3)”. Insert instead “section 83 (3)”.

[37]Clauses 83C–83CB and 83ZD

Omit “section 16A” wherever occurring. Insert instead “section 82”.

[38]Clause 83D Vehicles that are not eligible for the issue of authorisation to repair

Omit “section 16D (1) (b)”. Insert instead “section 85 (1) (b)”.

[39]Clause 83E Eligibility to apply for an authorisation to repair

Omit “section 16D (1) (c)”. Insert instead “section 85 (1) (c)”.

[40]Clause 83G Prescribed qualifications to carry out vehicle damage assessments

Omit “section 16I (1) (a)” from clause 83G (1).

Insert instead “section 90 (1) (a)”.

[41]Clause 83H Standards of repairs and repair methods

Omit “section 16J (b)”. Insert instead “section 91 (b)”.

[42]Clause 83I Records about vehicle damage assessments

Omit “section 16M (1) (a)” from clause 83I (1).

Insert instead “section 94 (1) (a).

[43]Clause 83J Notification of information about vehicles assessed as a total loss

Omit “section 16L (1)”. Insert instead “section 93 (1)”.

[44]Clause 83L Prescribed information about vehicles disposed of to auto-dismantler

Omit “section 16L (2)”. Insert instead “section 93 (2)”.

[45]Clause 83M Prescribed information about demolished or dismantled vehicles

Omit “section 16L (3)”. Insert instead “section 93 (3)”.

[46]Clause 83O Obligation to attach written-off vehicle warning labels

Omit “Section 16P” from the note at the end of the clause.

Insert instead “Section 97”.

[47]Clauses 83P, 83Q and 83R

Omit “section 16P (1)” wherever occurring. Insert instead “section 97 (1)”.

[48]Clauses 83S and 83U

Omit “section 16Q (1) (b)” wherever occurring.

Insert instead “section 98 (1) (b)”.

[49]Clause 83X Superficially-damaged motor bikes

Omit “the Act” from clause 83X (1) (d).

Insert instead “the former Road Transport (Vehicle Registration) Act 1997”.

[50]Clauses 83Y and 83YA (3)

Omit “section 16L” wherever occurring.

Insert instead “section 93”.

[51]Clause 83YA Hail-damaged vehicles

Omit “Part 2AA” from clause 83YA (2). Insert instead “Part 4.5”.

[52]Clause 83Z Existing repairable interstate written-off vehicles may be registered without authorisation to repair

Omit “section 16C (2)” from clause 83Z (1). Insert instead “section 84 (2)”.

[53]Clause 83Z (2)

Omit the subclause.

[54]Clause 83ZA Application to written-off vehicles on register before commencement date

Omit “the Act”.

Insert instead “the former Road Transport (Vehicle Registration) Act 1997”.

[55]Clause 83ZB Vehicles eligible for authorisation to repair before substitution of clause 83D

Omit “the Act” from clause 83ZB (2).

Insert instead “the former Road Transport (Vehicle Registration) Act 1997”.

[56]Clause 84 Use of vehicle offences

Omit “section 22A (2)” from clause 84 (4). Insert instead “section 74 (1)”.

[57]Clause 84 (6)

Omit “section 18 (2) (b)”. Insert instead “section 68 (2) (b)”.

[58]Clause 84 (7)

Omit “27C” wherever occurring (including the note).

Insert instead “81”.

[59]Clause 87 How forfeited vehicles may be disposed of under section 79 of the Act

Omit “section 27 (6)” wherever occurring in clause 87 (1) and (2).

Insert instead “section 79 (6)”.

[60]Clause 88 Proceeds of sales of vehicles seized under section 79 of the Act

Omit “section 27” wherever occurring in clause 88 (1) and paragraph (b) of the definition of net proceeds of sale in clause 88 (5).

Insert instead “section 79”.

[61]Clause 88A Meaning of “vehicle”

Omit the clause.

[62]Clause 89 More than one person recorded as registered operator of light vehicle

Omit “section 23A” from clause 89 (2). Insert instead “section 64”.

[63]Clause 91A Photographic evidence of unauthorised vehicle use: section 135 of Act

Omit “section 22C”.

Insert instead “the definition of unauthorised vehicle use offence in section 135 (1)”.

[64]Clause 92 Delegation of Authority’s powers

Omit the clause.

[65]Clause 93 Repeal of Road Transport (Vehicle Registration) Regulation 1998

Omit the clause.

[66]Schedule 1, heading

Insert “Chapter 4 of” after “Application of”.

[67]Schedule 1, clause 3 (2)

Omit the note at the end of the subclause. Insert instead:

Note—

Section 68 (1) of the Act makes it an offence for a person to use an unregistered registrable vehicle on a road. A vehicle is unregistered if it is not registered on the NSW registrable vehicles register. However, section 68 (2) (b) provides that section 68 (1) does not apply to the use of a registrable vehicle on a road if the use is otherwise permitted by the Act or under the statutory rules.

[68]Schedule 1, clause 17 (2)

Omit the subclause.

[69]Schedule 1, Part 3, heading

Insert “Chapter 4 of” after “to which”.

[70]Schedule 1, clauses 19 and 20 (1)

Omit “The Act” wherever occurring. Insert instead “Chapter 4 of the Act”.

[71]Schedule 2 Vehicle standards

Omit “Road Transport (General) Act 2005” from paragraph (a) of the definition of excess weight limits legislation in clause 124 (11).

Insert instead “Road Transport (Vehicle and Driver Management) Act 2005”.

[72]Schedule 4 Registration charges for chargeable heavy vehicles

Omit the definition of trailer from clause 1 (1).

[73]Schedule 4, clause 1 (2)

Omit “Part 2A of the Act” and “that Part”.

Insert instead “Schedule 2 to the Act”.

[74]Dictionary

Omit “section 27” from the definition of forfeited vehicle.

Insert instead “section 79”.

[75]Dictionary, definition of “penalty notice”

Omit the definition.

[76]Dictionary

Insert in alphabetical order:

[77]Dictionary, definition of “relevant registration charge”

Omit “Part 2A of” from paragraph (a) of the definition.

Insert instead “Schedule 2 to”.

[78]Dictionary, definition of “the Act”

Omit the definition. Insert instead:

the Act means the Road Transport Act 2013.

[79]Dictionary, definition of “vehicle defect notice”

Omit “section 26 (2) (a)”. Insert instead “section 76 (4) (a)”.

Schedule 2Renaming and other amendment of Road Transport (General) Regulation 2005[1]Clause 1 Name of Regulation

Omit “Road Transport (General) Regulation 2005”.

Insert instead “Road Transport (Vehicle and Driver Management) Regulation 2005”.

[2]Clause 3 Definitions

Omit clause 3 (1). Insert instead:

(1)

In this Regulation:

the Act means the Road Transport (Vehicle and Driver Management) Act 2005.

[3]Clause 3A

Omit the clause. Insert instead:

3AMeaning of “applicable road law”

For the purposes of paragraph (e) of the definition of applicable road law in section 3 (1) of the Act, Part 4.5 of the Road Transport Act 2013 is prescribed for the purposes only of Division 2 of Part 3.5 of Chapter 3 of the Road Transport (Vehicle and Driver Management) Act 2005.

[4]Part 2 Road transport legislation

Omit the Part.

[5]Part 3 Appeals to Local Court

Omit the Part.

[6]Part 5 Impounded vehicles

Omit the Part.

[7]Clause 140

Omit the clause. Insert instead:

140Appeals against decisions to Local Court

A decision to which this Subdivision applies is an appealable decision for the purposes of Part 7.8 of the Road Transport Act 2013.

Note—

See also clause 129 of the Road Transport (General) Regulation 2013.

[8]Part 8 Penalty notice offences

Omit the Part.

[9]Clause 171A Meaning of “vehicle”

Omit the clause.

[10]Clause 172 Prescribed speeding offences

Omit the clause.

[11]Clause 175 Fees for information from records of Authority

Omit the clause.

[12]Schedule 1 Fees

Omit the Schedule.

[13]Schedule 2 Authorised officers

Omit the Schedule.

[14]Schedule 3 Penalty notice offences

Omit the Schedule.

Schedule 3Road Transport (General) Regulation 2013

(Section 3)

Part 1Preliminary1Name of Regulation

This Regulation is the Road Transport (General) Regulation 2013.

2Commencement

This Regulation commences on the day on which Schedule 1 (Repeal of certain existing road transport legislation) to the Road Transport Legislation (Repeal and Amendment) Act 2013 commences.

3Definitions(cf Gen Reg, cl 3; STM Reg, cl 3)(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 2.

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 83.

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
- (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 Subdivision 3 of Division 1 of Part 5.

coupon parking space has the same meaning as in rule 207–6 of the Road Rules 2008.

declared organisation means a body constituted by or under an Act or a Government Department specified in Column 1 of Schedule 2.

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.

driver licensing law means:

(a)
Chapter 3 of the Act, and
(b)
the Road Transport (Driver Licensing) Regulation 2008.

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.

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 Subdivision 1 of Division 1 of Part 5.

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 of time 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 registry means a place at which registration of a vehicle can be effected by or on behalf of the Authority.

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.

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 95.

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)
a coupon parking area, or
(b)
a metered parking area, or
(c)
a phone parking area, or
(d)
a ticket parking area.

pay parking device means a device referred to in clause 66 (2) (c) or 73 (2) (d).

pay parking scheme means:

(a)
a coupon parking scheme, or
(b)
a metered parking scheme, or
(c)
a phone parking scheme, or
(d)
a ticket parking scheme.

pay parking space means:

(a)
a coupon parking space, or
(b)
a metered parking space, or
(c)
a phone parking space, or
(d)
a ticket parking space.

permissive parking sign means a traffic sign of the kind referred to in rule 204 of the Road Rules 2008.

phone parking area has the same meaning as in rule 207–8 of the Road Rules 2008.

phone parking scheme means a scheme of a kind established in accordance with Subdivision 4 of Division 1 of Part 5.

phone parking space has the same meaning as in rule 207–9 of the Road Rules 2008.

phone payment scheme means a scheme for payment of parking fees by mobile phone that is approved by the Authority and adopted by a parking authority under Subdivision 4 of Division 1 of Part 5 for the purposes of a phone parking scheme.

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 or area, means the fee for parking a vehicle in the space or area, for the day and time during which the vehicle is parked in the space or area, 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), or
(c)
the phone parking signs, or the parking meter or ticket machine, for the area or space (in relation to a phone parking area or a phone parking space).

road—see subclause (2).

road related area—see subclause (2).

school zone means a school zone (as defined in rule 23 (2) of the Road Rules 2008), but only during any period in which the speed limit indicated by a school zone sign has effect, as referred to in rule 318 (3–1) of those Rules.

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.

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 Act 2013.

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 Subdivision 2 of Division 1 of Part 5.

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.

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 5, includes a horse.

(2)

Each reference in this Regulation to a road includes a reference to a road related area, unless otherwise expressly stated in this Regulation.

Note—

The terms road and road related area are defined in section 4 (1) of the Act.

(3)

In this Regulation, an abbreviation or symbol specified in Schedule 1 to the Road Rules 2008 has the same meaning as it has in that Schedule.

(4)

Notes included in this Regulation do not form part of this Regulation.

Note—

For the purposes of comparison, a number of provisions of this Regulation contain bracketed notes in headings drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of other Regulations (as in force immediately before the commencement of this Regulation). Abbreviations in these notes include the following:

(a)
Gen Reg is a reference to the Road Transport (General) Regulation 2005 (as it was then named),
(b)
STM Reg is a reference to the Road Transport (Safety and Traffic Management) Regulation 1999.

Part 2Road transport legislationDivision 1Database of declarations and orders4Information to be maintained on database of declarations and orders(cf Gen Reg, cl 4)

For the purposes of the database referred to in section 22 (1) of the Act, the Authority is:

(a)
to include in the database:
- (i)
  a copy of the complete text of each declaration or order made under Division 2 of Part 1.3 of the Act as soon as is reasonably practicable after its making, and
- (ii)
  information concerning the dates on which any such declaration or order has effect or ceases to have effect, and
(b)
to incorporate any amendment to any such declaration or order as soon as is reasonably practicable after the amendment has effect.

5Access to database(cf Gen Reg, cl 5)(1)

For the purposes of section 22 (3) of the Act, the Authority is to give access to information on the database to a member of the public only if the person pays the access fee prescribed by Schedule 1.

(2)

The Authority may waive the fee referred in subclause (1) if it is satisfied that the payment of the fee would result in undue hardship to the person seeking access to information.

Division 2Special service requirements6Service of notices on persons under driver licensing law(cf Gen Reg, cl 6)(1)

For the purposes of sections 276 (3) and 277 (2) of the Act, the provisions of this clause set out the only manner in which a notice under the driver licensing law may be given or served.

(2)

The Authority may give or serve a notice under the driver licensing law on a person by sending the notice by post or by some other means to the person’s last known home address, or the address for service of notices (if any) recorded in the NSW driver licence register.

(3)

The date on which a person is taken to have been given or served with a notice under the Road Transport (Driver Licensing) Regulation 2008 or a notice under section 54 (2) of the Act is:

(a)
if the notice is sent by mail—the fourth working day after the notice was posted, or
(b)
if the notice is delivered to the person personally—the date when it is so delivered.

(4)

If a person’s home address or address for service of notices is in another jurisdiction, the Authority may request the driver licensing authority of another jurisdiction to act on its behalf in giving or serving a notice on the person or in performing any other act that the Authority could lawfully perform in this jurisdiction.

(5)

If the Authority receives a request under a provision of the corresponding driver law of another jurisdiction that corresponds with subclause (4), it may act on behalf of the driver licensing authority of that jurisdiction accordingly.

(6)

A notice given for the purposes of clause 58 of the Road Transport (Driver Licensing) Regulation 2008 may only be given personally.

(7)

If it is provided in the Road Transport (Driver Licensing) Regulation 2008 that any notification, document or thing must be forwarded, surrendered or delivered to the Authority, it is sufficient compliance with any such provision if the notification, document or thing is forwarded or surrendered to or delivered at a motor registry within the time prescribed by that Regulation.

7Service of notices on registered operators and delivery of things to Authority under vehicle registration law(cf Gen Reg, cl 7)(1)

For the purposes of sections 276 (3) and 277 (2) of the Act, the provisions of this clause set out the only manner in which a notice under the vehicle registration law may be given or served on the registered operator of a registrable vehicle.

(2)

The Authority may give or serve any notice under the vehicle registration law on the registered operator of a registrable vehicle by sending the notice by post or by some other means to the registered operator’s home address, or to the address for service of notices (if any) recorded in the NSW registrable vehicles register in relation to the vehicle.

(3)

The date on which a registered operator is taken to have been given or served with a notice under the Road Transport (Vehicle Registration) Regulation 2007 is:

(a)
if the notice is sent by mail—the fourth working day after the notice was posted, or
(b)
if the notice is delivered to the person personally—the date when it is so delivered.

(4)

If it is provided in the Road Transport (Vehicle Registration) Regulation 2007 that any notification, document or thing must be forwarded, surrendered or delivered to the Authority, it is sufficient compliance with any such provision if the notification, document or thing is forwarded or surrendered to or delivered at a motor registry within the time prescribed by that Regulation.

(5)

In this clause:

vehicle registration law means:

(a)
Chapter 4 of the Act, and
(b)
the Road Transport (Vehicle Registration) Regulation 2007.

8Notices to unincorporated associations in connection with mobility parking scheme authorities(cf Gen Reg, cl 8)

The Authority may give a notice to, or serve a notice on, an unincorporated association of persons under the provisions of Division 2 of Part 6 by sending the notice by post or by some other means to the address for service of the association that is specified in its application form for a mobility parking scheme authority or subsequently notified to the Authority.

Division 3Operation of inconsistent legislation9Royal Botanic Gardens and Domain Trust Act 1980(cf Gen Reg, cl 9)

For the purposes of section 14 (5) of the Act, any provision of the Royal Botanic Gardens and Domain Trust Act 1980 (or any regulation made under that Act) in respect of parking on Trust lands within the meaning of that Act prevails over any inconsistent provision of the road transport legislation concerning parking.

10Local Government Act 1993(cf Gen Reg, cl 10)

For the purposes of section 14 (5) of the Act, any provision of the Local Government Act 1993 (or any regulation made under that Act) in respect of the use of skating equipment on public land (within the meaning of that Act) prevails over any inconsistent provision of the road transport legislation concerning the use of such equipment.

Part 3Safety and traffic managementDivision 1Responsibility for certain vehicle use11Causing, permitting or allowing certain 4.5 tonne vehicles and combinations to be driven in excess of 100 kilometres per hour(cf STM Reg, cl 38)(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 against 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.

12Use of vehicle that drops waste oil or grease(cf STM Reg, cl 43)

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.

13Use of motor bike sidecars(cf STM Reg, cl 47)(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.

14Number of vehicles that may be drawn together(cf STM Reg, cl 48)

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.

15Use of lights on vehicles generally(cf STM Reg, cl 55)

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 against that rule.

16Use of crimson flashing warning lights on certain council vehicles(cf STM Reg, cl 56)(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 clause:

excess weight limits legislation means any of the following:

(a)
Chapter 3 of the Road Transport (Vehicle and Driver Management) Act 2005,
(b)
the Road Transport (Mass, Loading and Access) Regulation 2005.

17Use of lights on stationary vehicles

(cf STM Reg, cl 58)(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 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.

18Carriage of dangerous goods in prohibited areas(cf STM Reg, cl 59)(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)

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.

19Use of lengthy vehicles in central Sydney and on certain other roads(cf STM Reg, cl 87)(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.

20Prohibition on car minding(cf STM Reg, cl 89)(1)

The Commissioner of Police may, by written notice served on a person, prohibit the person from:

(a)
parking, minding, caring for, or taking charge of any motor vehicle or trailer (other than a motor vehicle or trailer of which the person is the driver) on any road, or
(b)
offering his or her services for any such purpose.

(2)

A person on whom a notice under subclause (1) has been served must comply with any prohibition in the notice.

Maximum penalty: 20 penalty units.

(3)

Nothing in this clause authorises the Commissioner of Police:

(a)
to prohibit the proprietor of a parking station or parking area from parking, minding, caring for, or taking charge of a motor vehicle or trailer in or on any parking station or parking area, or
(b)
to prohibit the proprietor of a parking station or parking area from offering the proprietor’s services for any such purpose,

whether by the display or publication of any advertisement in relation to the parking station or parking area or otherwise and whether the services are performed or offered to be performed by the proprietor or by an employee of the proprietor.

21Inspection of driver licences by responsible persons(cf STM Reg, cl 90)

The responsible person for or the person in charge of a motor vehicle must, before permitting any other person to drive the vehicle, cause the driver licence issued to the person to be produced to the responsible person or person in charge and inspect the licence.

Maximum penalty: 20 penalty units.

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.

22Responsible person’s consent(cf STM Reg, cl 91)

The person in charge of a motor vehicle or trailer on a road must not permit any person to drive or use the vehicle without the consent of the responsible person for the vehicle.

Maximum penalty: 20 penalty units.

23Parents not to cause or permit children to drive on roads(cf STM Reg, cl 92)(1)

Any parent of a child must not cause or permit the child to drive a motor vehicle on a road.

Maximum penalty: 20 penalty units.

(2)

Subclause (1) does not apply to a parent of a child if the Authority:

(a)
has granted a driver licence to the child under the Act, or
(b)
has issued a learner licence to the child under the Act.

(3)

In this clause:

child means a person who has not attained the age of 16 years and 9 months.

parent of a child includes a person having parental responsibility (within the meaning of the Children and Young Persons (Care and Protection) Act 1998) for the child.

24School buses(cf STM Reg, cl 93)(1)

The owner of a bus must, before permitting any person to drive the bus for school purposes:

(a)
attach to the bus 2 signs complying with subclause (2), or
(b)
provide for use by the driver 2 signs complying with subclause (2) and the means of attaching the signs to the bus.

Maximum penalty: 20 penalty units.

(2)

The signs referred to in subclause (1) must contain the words “School Bus” in block letters:

(a)
not less than:
- (i)
  100 millimetres high in the case of the sign to be displayed at the front of a bus, and
- (ii)
  120 millimetres high in the case of the sign to be displayed at the rear of a bus, and
(b)
in black lettering on a fluorescent yellow background.

(3)

In this clause, a reference to drive a bus for school purposes is a reference to the driving of a bus that:

(a)
is being used solely or principally for the conveyance of children to or from school, and
(b)
is being so used on a journey wholly outside a transport district (within the meaning of the Transport Administration Act 1988).

(4)

This clause does not apply to a vehicle that is operated in accordance with clause 25.

25Warning signs and lights for school buses(cf STM Reg, cl 94)(1)

The owner of a bus must not permit any person to drive the bus for school purposes on a road unless a warning system is attached to the bus.

Maximum penalty: 20 penalty units.

(2)

This clause does not apply to a bus:

(a)
that is operating on charter for a school excursion or being used for community service activities, and
(b)
where no individual fares are being directly collected or school passes used.

(3)

This clause does not apply to the owner of a bus whom the Authority exempts from compliance with this clause.

(4)

The Authority is to make any technical specification approved for the purposes of this clause available on request.

(5)

For the purposes of this clause, a bus is driven or used for school purposes if:

(a)
it is being used to convey children (whether with or without adult passengers) to or from school:
- (i)
  between 7.00 am and 9.30 am on a weekday, or
- (ii)
  between 2.30 pm and 5.00 pm on a weekday, or
(b)
it is used solely for the purpose of conveying children to or from school.

(6)

In this clause:

warning system means a system of signs and flashing lights that is designed to warn motorists of the presence of children on a bus and that complies with the requirements of the technical specification approved by the Authority from time to time for the purposes of this clause.

26Safety provisions for buses first registered on or after 1 August 1997(cf STM Reg, cl 95)(1)

This clause applies to any bus used by an accredited service operator to operate any regular passenger service within the meaning of the Passenger Transport Act 1990 and first registered on or after 1 August 1997.

(2)

The owner of a bus must not permit any person to drive the bus on a road unless the bus is fitted with:

(a)
a bus door safety system, and
(b)
safety padding, and
(c)
a field of view system.

Maximum penalty: 20 penalty units.

(3)

A person must not drive a bus on a road unless the bus is fitted with:

(a)
a bus door safety system, and
(b)
safety padding, and
(c)
a field of view system.

Maximum penalty: 20 penalty units.

(4)

A requirement of subclause (2) or (3) does not apply:

(a)
to the owner of a bus whom the Authority exempts in writing from compliance with the requirement, and
(b)
to the driver of a bus, the owner of which has been exempted under paragraph (a).

(5)

The Authority is to make any technical specification approved for the purposes of this clause available on request.

(6)

In this clause:

bus door safety system means a bus door system installed on a bus that:

(a)
is designed to prevent, without driver intervention, entrapment of persons by the closing of the doors, and
(b)
complies with the requirements of any technical specification approved by the Authority for the purposes of this clause.

field of view system means a system installed on a bus that:

(a)
provides the driver of the bus with an adequate view of the doorways of the bus, and
(b)
complies with the requirements of the technical specification approved by the Authority for the purposes of this clause.

safety padding means padding that:

(a)
is affixed to handrails, the top and back of seats, and partitions on buses, including raised items that are part of, or are affixed to, seats and partitions, and
(b)
complies with the requirements of the technical specification approved by the Authority for the purposes of this clause.

27Door requirements for buses registered before 1 August 1997(cf STM Reg, cl 96)(1)

This clause applies to buses fitted with driver controlled doors and first registered before 1 August 1997.

(2)

The owner of a bus to which this clause applies must not permit a person to drive a bus on a road unless the steady force applied to any object located up to 1,500 millimetres above the door step when the door of the bus is closing does not exceed 150 newtons when measured between 20 millimetres and 300 millimetres from the door’s fully closed position.

Maximum penalty: 20 penalty units.

(3)

A person must not drive a bus to which this clause applies on a road unless the steady force applied to any object located up to 1,500 millimetres above the door step when the door of the bus is closing does not exceed 150 newtons when measured between 20 millimetres and 300 millimetres from the door’s fully closed position.

Maximum penalty: 20 penalty units.

(4)

Despite subclauses (2) and (3), the steady force applied to any object located up to 1,500 millimetres above the door step when the door of the bus is closing may, if a steady force of 150 newtons results in the door not working properly, be increased to a steady force that enables the door to work properly. However, it must not, in any case, be increased to more than 400 newtons.

Division 2Alcohol and other drug use28Substances prescribed as drugs for the purposes of the definition of “drug” in section 4 (1) of Act(cf STM Reg, cl 127)

For the purposes of paragraph (c) of the definition of drug in section 4 (1) of the Act, the following are prescribed as drugs:

(a)
substances listed in Schedule 3, and
(b)
substances that are salts, isomers, esters or ethers of any of the substances so listed or that are salts of those isomers, esters or ethers.

29Premises, institutions and establishments prescribed for the purposes of Schedule 3 to Act(cf STM Reg, cl 128)

Each of the following premises, institutions and establishments are prescribed as hospitals for the purposes of Division 4 of Part 2 of Schedule 3 to the Act and as places to which samples may be taken under Schedule 3 to the Act as referred to in the definition of prescribed place in clause 1 (1) of that Schedule:

(a)
the following premises, institutions or establishments of the Royal Australian Air Force:
- (i)
  Medical Section, No. 1 Central Ammunition Depot, Kingswood,
- (ii)
  No. 3 RAAF Hospital, RAAF Base, Richmond,
- (iii)
  Base Medical Flight, RAAF Base, Williamtown,
(b)
the 7th Camp Hospital, Kapooka, of the Australian Army,
(c)
the following premises, institutions or establishments of the Royal Australian Navy:
- (i)
  Naval Hospital, HMAS Penguin, Balmoral,
- (ii)
  Sick Bay, HMAS Harman, Canberra, ACT,
- (iii)
  Sick Bay, HMAS Kuttabul, Garden Island,
- (iv)
  Sick Bay, HMAS Creswell, Jervis Bay, ACT,
- (v)
  Naval Hospital, HMAS Albatross, Nowra,
- (vi)
  Sick Bay, HMAS Watson, Watson’s Bay,
- (vii)
  Sick Bay, HMAS Waterhen, Waverton.

30Analysis of oral fluid, blood and urine samples—prescribed laboratory(cf STM Reg, cl 129)

For the purposes of clause 22 and Part 4 of Schedule 3 to the Act, the laboratory at Lidcombe of the NSW Forensic & Analytical Science Service is prescribed.

31Standards for approved oral fluid analysing instruments and testing devices(cf STM Reg, cl 130B)(1)

For the purposes of the definition of approved oral fluid analysing instrument in clause 1 (1) of Schedule 3 to the Act, the following standard is prescribed:

•
The instrument (when calibrated and operated properly) must be capable of confirming the presence of a prescribed illicit drug in a sample of oral fluid where the concentration of the drug in the fluid is 25 nanograms per millilitre or greater.

(2)

For the purposes of the definition of approved oral fluid testing device in clause 1 (1) of Schedule 3 to the Act, the following standard is prescribed:

•
The device (when calibrated and operated properly) must be capable of indicating the presence of a prescribed illicit drug in oral fluid being tested where the concentration of the drug in the fluid is 150 nanograms per millilitre or greater.

Division 3Prescribed traffic control devices32Devices that are prescribed for the purposes of section 121 of Act(cf STM Reg, cl 131)(1)

For the purposes of the definition of prescribed traffic control device in section 121 of the Act, the following traffic control devices are prescribed:

(a)
any traffic control device of a kind mentioned in the Road Rules 2008 that has effect for the Rules under rule 315 of the Rules,
Note—
See also rules 316–318 of the Road Rules 2008.
(b)
any word, figure, symbol or anything else used on or with a traffic control device referred to in paragraph (a),
(c)
any pay parking device, parking meter or parking ticket machine.

(2)

In this clause:

traffic control device has the same meaning as it has in the Road Rules 2008.

Note—

The Road Rules 2008 define traffic control devices to mean traffic signs, road markings, traffic signals, or other devices, to direct or warn traffic on, entering or leaving a road.

33Offence—preventing traffic control device from being clearly observed(cf STM Reg, cl 132 (1) and (2))(1)

A person must not (except with the approval of the Authority) place or cause to be placed any matter or thing in such a position as to prevent or be likely to prevent any prescribed traffic control device (within the meaning of section 121 of the Act) from being clearly observed by the driver of any motor vehicle approaching the device along a portion of a road in respect of which the device is installed or displayed.

Maximum penalty: 20 penalty units.

Note—

Section 123 of the Act also makes it an offence for a person to install or display (or interfere with, alter or remove) any prescribed traffic control device without appropriate authority.

(2)

If the Authority or a police officer directs a person who has contravened subclause (1) to remove immediately the matter or thing concerned, the person must comply with the direction.

Maximum penalty: 20 penalty units.

34Offence—displaying “do not overtake turning vehicle sign” on vehicles less than 7.5 metres long(cf STM Reg, cl 132 (3))

A person (other than a driver) must not cause or permit a motor vehicle to be driven on a road that has exhibited on the rear of the vehicle, or on the rear of a trailer that is attached to the vehicle, a do not overtake turning vehicle sign (as referred to in the Road Rules 2008) unless the vehicle is, or the vehicle and trailer together are, 7.5 metres long or longer.

Maximum penalty: 20 penalty units.

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.

Division 4Approved traffic enforcement devices35Testing and security indicators for approved traffic enforcement devices(cf STM Reg, cll 156, 156A, 156B and 156D)(1)

For the purposes of section 137 (b) of the Act:

(a)
an approved traffic enforcement device that is approved for speed measurement and is a radar based device of a kind to which the Australian Standard entitled AS 2898.1—2003, Radar speed detection—Functional requirements and definitions applies must be tested for accuracy and functional requirements in accordance with that Standard, and
(b)
any other approved traffic enforcement devices that are approved for speed measurement must be tested for accuracy and functional requirements in accordance with the manufacturer’s recommended calibration method as approved by the Commissioner of Police or (in the case only of a device that is used in conjunction with, or forms part of, a digital camera device) by the Authority, and
(c)
the prescribed period is 12 months.

(2)

Each of the following is prescribed as a security indicator for the purposes of section 138 (1) of the Act:

(a)
a series of 32 characters produced by an MD5 algorithm,
(b)
a series of 48 characters of which 32 characters have been produced by an MD5 algorithm,
(c)
a series of 40 characters produced by a SHA-1 algorithm,
(d)
a series of 56 characters produced by a SHA-224 algorithm,
(e)
a series of 64 characters produced by a SHA-256 algorithm,
(f)
a series of 96 characters produced by a SHA-384 algorithm,
(g)
a series of 128 characters produced by a SHA-512 algorithm.

(3)

The prescribed period for the purposes of section 138 (2) (b) of the Act is 30 days.

(4)

For the purposes of this clause, character includes a letter, number or symbol.

36Public transport lane offences(cf STM Reg, cl 156C)

For the purposes of paragraph (b) of the definition of public transport lane offence in section 135 (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.

Division 5Child safety37Schemes to assist children to cross roads(cf STM Reg, cl 138)(1)

The Authority may:

(a)
from time to time give authorities for schemes (authorised children’s crossing schemes) designed to assist children to cross roads with safety to be conducted by persons who are desirous of taking part in such schemes and are referred to in such authorities, and
(b)
authorise any person or class of persons by whom such schemes may be conducted to exercise and discharge for the purposes of such schemes the functions specified in such authorities, and
(c)
at any time revoke any such authority.

(2)

Each authorised children’s crossing scheme comes into force on the date specified in the authority for the scheme.

(3)

Any authorised children’s crossing scheme in force under this clause may from time to time be amended or replaced by a subsequent scheme authorised in like manner.

(4)

Any person taking part in the carrying out of any authorised children’s crossing scheme must:

(a)
have attained the age of 18 years, and
(b)
wear any safety vest issued to him or her by the Authority.

(5)

For the purpose of carrying out any authorised children’s crossing scheme, when children are about to use or are on a crossing, any person authorised in that behalf by the Authority:

Class 1	Level 10A
• (v) driven at a speed of more than 45 km/h above the speed limit applicable	Class 1	Level 15A
(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 above the speed limit applicable	Class 1	Level 6A
• (ii) driven at a speed of more than 10 km/h but not more than 20 km/h above the speed limit applicable	Class 1	Level 7A
• (iii) driven at a speed of more than 20 km/h but not more than 30 km/h above the speed limit applicable	Class 1	Level 8A
• (iv) driven at a speed of more than 30 km/h but not more than 45 km/h above the speed limit applicable	Class 1	Level 12A
• (v) driven at a speed of more than 45 km/h above the speed limit applicable	Class 1	Level 17A
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 more than 10 km/h above the speed limit applicable	Class 1	Level 2A
(b) in the case of a vehicle driven at a speed of more than 10 km/h but not more than 20 km/h above the speed limit applicable	Class 1	Level 4A
(c) in the case of a vehicle driven at a speed of more than 20 km/h but not more than 30 km/h above the speed limit applicable	Class 1	Level 6A
(d) in the case of a vehicle driven at a speed of more than 30 km/h but not more than 45 km/h above the speed limit applicable	Class 1	Level 9A
(e) in the case of a vehicle driven at a speed of more than 45 km/h above the speed limit applicable	Class 1	Level 14A
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 above the speed limit applicable	Class 1	Level 2A
• (ii) driven at a speed of more than 10 km/h but not more than 20 km/h above the speed limit applicable	Class 1	Level 4A
• (iii) driven at a speed of more than 20 km/h but not more than 30 km/h above the speed limit applicable	Class 1	Level 6A
• (iv) driven at a speed of more than 30 km/h but not more than 45 km/h above the speed limit applicable	Class 1	Level 9A
• (v) driven at a speed of more than 45 km/h above the speed limit applicable	Class 1	Level 14A
(b) in the case of a class B motor vehicle:
• (i) driven at a speed of not more than 10 km/h above the speed limit applicable	Class 1	Level 5A
• (ii) driven at a speed of more than 10 km/h but not more than 20 km/h above the speed limit applicable	Class 1	Level 6A
• (iii) driven at a speed of more than 20 km/h but not more than 30 km/h above the speed limit applicable	Class 1	Level 7A
• (iv) driven at a speed of more than 30 km/h but not more than 45 km/h above the speed limit applicable	Class 1	Level 9A
• (v) driven at a speed of more than 45 km/h above the speed limit applicable	Class 1	Level 14A
(c) in the case of a class C motor vehicle:
• (i) driven at a speed of not more than 10 km/h above the speed limit applicable	Class 1	Level 5A
• (ii) driven at a speed of more than 10 km/h but not more than 20 km/h above the speed limit applicable	Class 1	Level 6A
• (iii) driven at a speed of more than 20 km/h but not more than 30 km/h above the speed limit applicable	Class 1	Level 7A
• (iv) driven at a speed of more than 30 km/h but not more than 45 km/h above the speed limit applicable	Class 1	Level 11A
• (v) driven at a speed of more than 45 km/h above the speed limit applicable	Class 1	Level 16A
Rule 20 (where the applicable speed limit is specified by rule 24–4)	Class 1	Level 2A
Rule 27 (1); Rule 28 (1); Rule 28 (1A); Rule 29; Rule 31; Rule 32 (1); Rule 32 (2A); Rule 33 (1) and (2); Rule 33 (1) and (3); Rule 88; Rule 89; Rule 90; Rule 91; Rule 92 (1); Rule 98 (1); Rule 99; Rule 100; Rule 247A; Rule 247B:
(a) in relation to the use of a motor vehicle	Class 1	Level 4
(b) in relation to the use of any other vehicle	Class 1	Level 1
Rule 28 (2A); Rule 31 (4A); Rule 35 (2); Rule 119; Rule 141 (2); Rule 151; Rule 223; Rule 228; Rule 229; Rule 230 (1); Rule 231 (1); Rule 232 (1); Rule 233; Rule 234; Rule 235; Rule 235A; Rule 236; Rule 237 (1); Rule 238; Rule 239; Rule 240; Rule 240A; Rule 241; Rule 242 (1); Rule 243; Rule 244; Rule 245; Rule 245–1; Rule 246; Rule 247 (1); Rule 248; Rule 249; Rule 250; Rule 251; Rule 252 (1); Rule 253; Rule 254; Rule 255; Rule 256; Rule 257 (1); Rule 258; Rule 259; Rule 260; Rule 261 (1); Rule 262; Rule 301; Rule 302; Rule 303	Class 1	Level 1
Rule 37, Rule 39, Rule 40, Rule 41, Rule 42, otherwise than in school zone	Class 1	Level 4
Rule 37, Rule 39, Rule 40, Rule 41, Rule 42, in school zone	Class 1	Level 5
Rule 38, Rule 62, Rule 63, Rule 64 (a), Rule 64 (c), Rule 65 (2) (a), Rule 65 (2) (b), Rule 67 (1), Rule 68 (1), Rule 69 (1), Rule 70, Rule 71 (1), Rule 101, Rule 288, Rule 289, Rule 290, Rule 297 (2), Rule 299 (1), Rule 300, Rule 300–1, otherwise than in school zone	Class 1	Level 5
Rule 38, Rule 62, Rule 63, Rule 64 (a), Rule 64 (c), Rule 65 (2) (a), Rule 65 (2) (b), Rule 67 (1), Rule 68 (1), Rule 69 (1), Rule 70, Rule 71 (1), Rule 101, Rule 288, Rule 289, Rule 290, Rule 297 (2), Rule 299 (1), Rule 300, Rule 300–1, in school zone	Class 1	Level 6
Rule 46 (1); Rule 46 (4); Rule 48 (1); Rule 48 (4); Rule 51; Rule 53; Rule 112; Rule 113; Rule 117; Rule 118 (1); Rule 118 (2); Rule 141 (1); Rule 153 (1); Rule 162 (1); Rule 163 (1); Rule 164 (1); Rule 164A	Class 1	Level 3
Rule 56 (1), in relation to the use of a motor vehicle otherwise than at toll booth or in school zone	Class 1	Level 6
Rule 56 (1), in relation to the use of a motor vehicle in school zone	Class 1	Level 7
Rule 56 (1), in relation to the use of a motor vehicle at toll booth	Class 1	Level 3
Rule 56 (1), in relation to the use of a vehicle not being a motor vehicle	Class 1	Level 1
Rule 56 (2), Rule 80, Rule 81, Rule 82, in relation to the use of a motor vehicle otherwise than in school zone	Class 1	Level 6
Rule 56 (2), Rule 80, Rule 81, Rule 82, in relation to the use of a motor vehicle in school zone	Class 1	Level 7
Rule 56 (2), Rule 80, Rule 81, Rule 82, in relation to the use of a vehicle not being a motor vehicle	Class 1	Level 1
Rule 57, Rule 60, Rule 60A, Rule 61, Rule 64 (b), Rule 65 (2) (c), Rule 297 (1), Rule 297 (1A), Rule 297 (3), otherwise than in school zone	Class 1	Level 6
Rule 57, Rule 60, Rule 60A, Rule 61, Rule 64 (b), Rule 65 (2) (c), Rule 297 (1), Rule 297 (1A), Rule 297 (3), in school zone	Class 1	Level 7
Rule 59 (1), in relation to the use of a motor vehicle otherwise than at toll booth or in school zone	Class 1	Level 6
Rule 59 (1), in relation to the use of a motor vehicle in school zone	Class 1	Level 7
Rule 59 (1), in relation to the use of a motor vehicle at toll booth	Class 1	Level 3
Rule 59 (1), in relation to the use of a vehicle not being a motor vehicle	Class 1	Level 1
Rule 66; Rule 78 (1); Rule 78 (2); Rule 79 (1); Rule 121; Rule 122; Rule 123; Rule 124; Rule 126; Rule 152; Rule 274; Rule 275; Rule 277; Rule 279; Rule 281; Rule 282; Rule 284; Rule 286; Rule 2	Class 1	Level 6
Rule 72 (1); Rule 73 (1); Rule 74 (1); Rule 75 (1); Rule 76 (1); Rule 76 (2); Rule 77 (1); Rule 84 (1) (a); Rule 84 (1) (b); Rule 85; Rule 86 (1); Rule 87; Rule 108 (1); Rule 114; Rule 136; Rule 140; Rule 142 (1); Rule 144; Rule 145; Rule 148; Rule 148A; Rule 149; Rule 154 (1); Rule 157 (1); Rule 159 (1); Rule 224; Rule 264 (1); Rule 265 (1); Rule 266 (1); Rule 267–1 (2); Rule 267–1 (3); Rule 268; Rule 268–2 (1); Rule 268–2 (2); Rule 268–3 (1); Rule 269 (1); Rule 269 (3); Rule 269 (4); Rule 270 (1) (a); Rule 270 (2); Rule 271 (1) (a); Rule 271 (2) (a); Rule 271 (2) (a) and (3); Rule 271 (4); Rule 271 (5); Rule 271 (5A); Rule 271 (5B); Rule 271 (5C); Rule 271–1 (1); Rule 271–2 (1); Rule 287; Rule 298; Rule 298–1	Class 1	Level 5
Rule 79–1; Rule 79–2 (1); Rule 218–1	Class 1	Level 2
Rule 83:
(a) in relation to the use of a motor vehicle	Class 1	Level 6
(b) in relation to the use of any other vehicle	Class 1	Level 1
Rule 93 (1); Rule 94; Rule 95 (1); Rule 96 (1); Rule 97 (1); Rule 101A; Rule 111; Rule 115 (1); Rule 116; Rule 125 (1); Rule 128; Rule 143; Rule 155 (1); Rule 156 (1)	Class 1	Level 4
Rule 102:
(a) in relation to a driver who drives through or under (or attempts to drive through or under) a tunnel, bridge or other structure to which a clearance sign or low clearance sign relates	Class 1, 2	Level 14
(b) in relation to any other driver	Class 1, 2	Level 3
Rule 103	Class 1, 2, 14	Level 4
Rule 104:
(a) in relation to any length of road other than the length of road referred to in paragraph (b)	Class 1, 2, 14	Level 3
(b) in relation to the length of road between Galston and Hornsby Heights that crosses Galston Gorge	Class 1, 2, 14	Level 14
Rule 105; Rule 107	Class 1, 2	Level 8
Rule 106	Class 1, 2, 14	Level 3
Rule 127 (1), in relation to a class B or class C motor vehicle in a Safe-T-Cam zone or average speed detection zone	Class 1, 2	Level 11
Rule 127 (1), otherwise than in relation to a class B or class C motor vehicle in a Safe-T-Cam zone or average speed detection zone	Class 1	Level 6
Rule 128A, otherwise than in school zone	Class 1	Level 4
Rule 128A, in school zone	Class 1	Level 5
Rule 129 (1); Rule 137 (1); Rule 138 (1):
(a) in relation to the use of a motor vehicle	Class 1	Level 4
(b) in relation to the use of any other vehicle	Class 1	Level 1
Rule 130; Rule 131; Rule 135 (1):
(a) in relation to the use of a motor vehicle	Class 1	Level 5
(b) in relation to the use of any other vehicle	Class 1	Level 1
Rule 132:
(a) in relation to a class B or class C motor vehicle in a Safe-T-Cam zone or average speed detection zone	Class 1, 2	Level 11
(b) in relation to a class B or class C motor vehicle not in a Safe-T-Cam zone or average speed detection zone	Class 1	Level 5
(c) in relation to a motor vehicle that is not a class B or class C motor vehicle	Class 1	Level 5
(d) in relation to a vehicle that is not a motor vehicle	Class 1	Level 1
Rule 146, in relation to a class B or class C motor vehicle in a Safe-T-Cam zone or average speed detection zone; Rule 147, in relation to a class B or class C motor vehicle in a Safe-T-Cam zone or average speed detection zone; Rule 150 (1), in relation to a class B or class C motor vehicle in a Safe-T-Cam zone or average speed detection zone	Class 1, 2	Level 11
Rule 146, otherwise than in relation to a class B or class C motor vehicle in a Safe-T-Cam zone or average speed detection zone; Rule 147, otherwise than in relation to a class B or class C motor vehicle in a Safe-T-Cam zone or average speed detection zone	Class 1	Level 4
Rule 150 (1), otherwise than in relation to a class B or class C motor vehicle in a Safe-T-Cam zone or average speed detection zone	Class 1	Level 4
Rule 157–1 (1)	Class 1	Level 5
Rule 157–1 (2)	Class 1, 12, 16	Level 5
Rule 160; Rule 161; Rule 212; Rule 213 (2); Rule 213 (3); Rule 213 (4); Rule 213 (5); Rule 216; Rule 218; Rule 219; Rule 271 (1) (b); Rule 271 (1) (c); Rule 271 (2) (b); Rule 271 (2) (b) and (3); Rule 272; Rule 296 (2)	Class 1	Level 2
Rule 167, otherwise than in school zone	Class 1, 12, 16	Level 4
Rule 167, in school zone	Class 1, 12, 16	Level 5
Rule 168 (1), otherwise than in school zone	Class 1, 12, 16	Level 2
Rule 168 (1), in school zone	Class 1, 12, 16	Level 3
Rule 168–1 (1)	Class 1, 8, 9, 10, 12, 15, 16	Level 2
Rule 169; Rule 170; Rule 176 (1); Rule 177 (1); Rule 178; Rule 187	Class 1, 12, 16	Level 4
Rule 171 (1), Rule 172 (1), Rule 173 (1), otherwise than in school zone	Class 1, 12	Level 5
Rule 171 (1), Rule 172 (1), Rule 173 (1), in school zone	Class 1, 12	Level 6
Rule 174 (2); Rule 175 (1)	Class 1, 12	Level 5
Rule 179; Rule 180 (1); Rule 181 (1); Rule 190 (1); Rule 208 (1) and (2)	Class 1, 12	Level 3
Rule 179–1; Rule 207–1; Rule 207–2; Rule 207–3; Rule 207–4; Rule 207–5; Rule 207–6; Rule 207–7; Rule 207–8; Rule 207–9	Class 1, 12, 15	Level 2
Rule 182 (1); Rule 196 (1)	Class 1, 4, 12	Level 3
Rule 183 (1), otherwise than in school zone	Class 1, 3, 4, 12	Level 4
Rule 183 (1), in school zone	Class 1, 3, 4, 12	Level 5
Rule 184 (1), in relation to a minibus zone in a clearway, transit lane or bus lane	Class 1, 3, 4, 12	Level 3
Rule 184 (1), otherwise than in relation to a minibus zone in a clearway, transit lane or bus lane	Class 1, 3, 4, 12	Level 2
Rule 186 (1)	Class 1, 4, 12	Level 2
Rule 188; Rule 193 (1); Rule 194 (1); Rule 198 (1); Rule 199 (1); Rule 200; Rule 201; Rule 202; Rule 205; Rule 208 (1) and (3); Rule 208 (1) and (4); Rule 208 (1) and (5); Rule 208 (1) and (7); Rule 208 (1) and (8); Rule 208A; Rule 209 (2); Rule 210 (1); Rule 211	Class 1, 12	Level 2
Rule 189, otherwise than in school zone	Class 1, 12	Level 4
Rule 189, in school zone	Class 1, 12	Level 5
Rule 191; Rule 192; Rule 203A	Class 1, 12, 16	Level 3
Rule 195 (1), otherwise than in school zone	Class 1, 4, 12	Level 4
Rule 195 (1), in school zone	Class 1, 4, 12	Level 5
Rule 197 (1), Rule 198 (2), otherwise than in school zone	Class 1, 12	Level 2
Rule 197 (1), Rule 198 (2), in school zone	Class 1, 12	Level 3
Rule 197 (1A)	Class 1, 12	Level 3
Rule 203 (1)	Class 1, 12, 15	Level 7
Rule 205A–1 (1)	Class 1, 12, 15, 16	Level 4
Rule 208 (1) and (6)	Class 1, 12	Level 4
Rule 215–1 (1), in relation to a class B or class C motor vehicle in a Safe-T-Cam zone or average speed detection zone	Class 1, 2	Level 11
Rule 215–1 (1), otherwise than in relation to a class B or class C motor vehicle in a Safe-T-Cam zone or average speed detection zone	Class 1	Level 2
Rule 221–1 (1); Rule 294–3 (1); Rule 300–5	Class 1, 2	Level 2
Rule 222–1; Rule 300–4 (1)	Class 1, 2	Level 5
Rule 222–2 (1); Rule 222–2 (2); Rule 222–2 (3); Rule 291–1 (1)	Class 1, 2	Level 3
Rule 226; Rule 227	Class 1, 2	Level 2
Rule 265 (3) (where driver drives with 1 unrestrained passenger)	Class 1	Level 5
Rule 265 (3) (where driver drives with 2 unrestrained passengers)	Class 1	Level 8
Rule 265 (3) (where driver drives with 3 unrestrained passengers)	Class 1	Level 10
Rule 265 (3) (where driver drives with 4 or more unrestrained passengers)	Class 1	Level 12
Rule 270 (1) (a) and (b) (where unhelmeted rider rides bike with one unhelmeted passenger only)	Class 1	Level 8
Rule 270 (1) (a) and (b) (where unhelmeted rider rides bike with 2 unhelmeted passengers)	Class 1	Level 10
Rule 270 (1) (a) and (b) (where unhelmeted rider rides bike with 3 unhelmeted passengers)	Class 1	Level 12
Rule 270 (1) (a) and (b) (where unhelmeted rider rides bike with 4 or more unhelmeted passengers)	Class 1	Level 13
Rule 270 (1) (b) (where helmeted rider rides bike with one unhelmeted passenger only)	Class 1	Level 5
Rule 270 (1) (b) (where helmeted rider rides bike with 2 unhelmeted passengers)	Class 1	Level 8
Rule 270 (1) (b) (where helmeted rider rides bike with 3 unhelmeted passengers)	Class 1	Level 10
Rule 270 (1) (b) (where helmeted rider rides bike with 4 or more unhelmeted passengers)	Class 1	Level 12
Rule 291	Class 1, 2	Level 5
Rule 291–2	Class 1, 2, 16	Level 3
Rule 291–3	Class 1	Level 3
Rule 292 (a); Rule 292 (b)	Class 1, 2, 12	Level 6
Rule 292 (c)	Class 1, 2	Level 6
Rule 293 (2)	Class 1, 2, 16	Level 6
Rule 294–1 (1); Rule 294–2 (1)	Class 1, 2	Level 6
Rule 296 (1), otherwise than in school zone	Class 1	Level 3
Rule 296 (1), in school zone	Class 1	Level 4
Rule 300–2 (1)	Class 1	Level 6
Rule 304 (1)	Class 1, 16	Level 5
Rule 316–2 (1)	Class 1, 2, 12, 16	Level 3

Road Transport Act 2013
Column 1	Column 2	Column 3
Provision	Authorised officer	Penalty
Section 50	Class 1	Level 9
Section 53 (1) (a); Section 53 (1) (b):
(a) where the driver held a licence under the Act (but not a licence appropriate to the class of vehicle driven, being a class of vehicle that requires a Class C, Class R, Class LR or Class MR licence):
• (i) for the first offence, or the first offence within the last 5 years	Class 1, 2	Level 7
• (ii) for the second or subsequent offence within the last 5 years	Class 1, 2	Level 9
(b) where the driver held a licence under the Act (but not a licence appropriate to the class of vehicle driven, being a class of vehicle that requires a Class HR, Class HC or Class MC licence):
• (i) for the first offence, or the first offence within the last 5 years	Class 1, 2	Level 8
• (ii) for the second or subsequent offence within the last 5 years	Class 1, 2	Level 11
(c) where the driver held a licence issued under the law in force in another State or Territory, but had resided continuously in New South Wales during the previous 3 months:
• (i) for the first offence, or the first offence within the last 5 years	Class 1, 2	Level 7
• (ii) for the second or subsequent offence within the last 5 years	Class 1, 2	Level 9
(d) where the driver held a licence under the Act that had expired less than 2 years before:
• (i) for the first offence, or the first offence within the last 5 years	Class 1, 2	Level 7
• (ii) for the second or subsequent offence within the last 5 years	Class 1, 2	Level 9
(e) where the driver held a licence under the Act that had expired 2 years or more before:
• (i) for the first offence, or the first offence within the last 5 years	Class 1, 2	Level 8
• (ii) for the second or subsequent offence within the last 5 years	Class 1, 2	Level 11
(f) where the driver had never been licensed within the meaning of section 53 (5) (for the first offence only)	Class 1, 2	Level 9
Section 68 (1):
(a) in the case of a class A motor vehicle	Class 1, 2	Level 8
(b) in the case of a class B or class C motor vehicle	Class 1, 2	Level 12
Section 73 (3); Section 75 (2)	Class 1, 2	Level 12
Section 90 (1); Section 92 (1); Section 96; Section 97	Class 2	Level 8
Section 91; Section 92 (2); Section 93; Section 94; Section 98 (6)	Class 2	Level 12
Section 116 (1)	Class 1	Level 8
Section 117 (1) (c)	Class 1	Level 6
Section 119; Section 120 (3)	Class 1	Level 13
Section 143 (6)	Class 1, 2	Level 5
Section 162	Class 1, 2	Level 14
Section 175 (2) (a) or (b)	Class 1, 2	Level 2
Section 177 (1)	Class 1, 2	Level 9
Section 188 (1):
(a) if the offence relates to a vehicle registered otherwise than in the name of a natural person:
• (i) for the first offence, or the first offence within the last 5 years	Class 1	Level 12
• (ii) for the second or subsequent offence within the last 5 years	Class 1	Level 17
(b) in any other case	Class 1	Level 8
Section 188 (2):
(a) if the offence relates to a vehicle registered otherwise than in the name of a natural person	Class 1	Level 12
(b) in any other case	Class 1	Level 8
Section 239 (2); Section 244 (1)–(3)	Class 1	Level 14
Section 243 (1) and (2)	Class 1	Level 15
Section 244 (4)	Class 1	Level 9

Road Transport (Driver Licensing) Regulation 2008
Column 1	Column 2	Column 3
Provision	Authorised officer	Penalty
Clause 9 (3); Clause 9 (4)	Class 1, 2	Level 2
Clause 15 (1) (a)	Class 1	Level 9
Clause 15 (1) (b); Clause 17 (1) (a); Clause 17 (1) (b); Clause 18 (a); Clause 18 (b); Clause 23 (a); Clause 23 (b)	Class 1	Level 4
Clause 16 (a); Clause 16 (b); Clause 19; Clause 35 (6); Clause 35 (8); Clause 99 (7); Clause 117 (1) (a); Clause 117 (1) (b)	Class 1	Level 2
Clause 17 (2)	Class 1	Level 7
Clause 35 (7)	Class 1	Level 5
Clause 114 (1) (otherwise than where the licence concerned is an interlock driver licence):
(a) in relation to a condition imposed by clause 22 (b) (ii) or 28A (1) (b) if it is the first such offence, or the first such offence within the last 5 years	Class 1	Level 7
(b) in relation to a condition imposed by clause 22 (b) (ii) or 28A (1) (b) if it is the second or subsequent such offence within the last 5 years	Class 1	Level 9
(c) in relation to a condition imposed by clause 22 (c)	Class 1	Level 5
(d) in relation to a condition imposed by clause 32, 33 or 34	Class 1	Level 7
(e) in relation to any other licence condition	Class 1	Level 4
Clause 115; Clause 116; Clause 118 (2)	Class 1, 2	Level 2

Road Transport (General) Regulation 2013
Column 1	Column 2	Column 3
Provision	Authorised officer	Penalty
Clause 18 (1)	Class 1	Level 6
Clause 21	Class 1	Level 2
Clause 24 (1); Clause 25 (1); Clause 26 (2)	Class 1, 2	Level 5
Clause 26 (3); Clause 27	Class 1, 2	Level 3
Clause 33 (1); Clause 33 (2); Clause 34	Class 1, 2, 12, 16	Level 3
Clause 63; Clause 64 (a); Clause 64 (b); Clause 71 (b); Clause 92 (3) (a)	Class 1, 12, 15	Level 2
Clause 70; Clause 71 (a); Clause 76; Clause 92 (3) (b); Clause 92 (3) (c); Clause 92 (4)	Class 1, 12, 15	Level 7
Clause 111; Clause 112; Clause 113; Clause 114 (4); Clause 115 (3); Clause 116 (6)	Class 1, 2, 6, 7, 8, 9, 10, 12, 14, 15, 16	Level 8

Road Transport (Mass, Loading and Access) Regulation 2005
Column 1	Column 2	Column 3
Provision	Authorised officer	Penalty
Clause 13 in respect of driving or operating a Class 1 vehicle in contravention of a condition of a notice or permit, being driving or operating:
(a) that involves travelling in an area or on a route other than an area or route on which the vehicle is permitted to travel under the notice or permit	Class 1, 2, 6, 7, 12, 14

Level 11
(b) that involves travelling at a time other than the time at which the vehicle is permitted to travel under the notice or permit	Class 1, 2, 6, 7, 12, 14	Level 11
(c) that involves travelling accompanied by fewer than the number of pilot or escort vehicles required under the notice or permit	Class 1, 2, 6, 7, 12, 14	Level 11
(d) that does not involve (a), (b) or (c)	Class 1, 2, 6, 7, 12, 14	Level 4
Clause 19 in respect of driving or operating a Class 2 vehicle otherwise than in accordance with a notice or permit, being driving or operating:
(a) that involves travelling in an area or on a route other than an area or route on which the vehicle is permitted to travel under the notice or permit	Class 1, 2, 6, 7, 12, 14	Level 11
(b) that involves travelling at a time other than the time at which the vehicle is permitted to travel under the notice or permit	Class 1, 2, 6, 7, 12, 14	Level 11
(c) that involves travelling accompanied by fewer than the number of pilot or escort vehicles required under the notice or permit	Class 1, 2, 6, 7, 12, 14	Level 11
(d) that does not involve (a), (b) or (c)	Class 1, 2, 6, 7, 12, 14	Level 4
Clause 26 in respect of driving or operating a Class 3 vehicle in contravention of a condition of a notice or permit, being driving or operating:
(a) that involves travelling in an area or on a route other than an area or route on which the vehicle is permitted to travel under the notice or permit	Class 1, 2, 6, 7, 12, 14	Level 11
(b) that involves travelling at a time other than the time at which the vehicle is permitted to travel under the notice or permit	Class 1, 2, 6, 7, 12, 14	Level 11
(c) that involves travelling accompanied by fewer than the number of pilot or escort vehicles required under the notice or permit	Class 1, 2, 6, 7, 12, 14	Level 11
(d) that does not involve (a), (b) or (c)	Class 1, 2, 6, 7, 12, 14	Level 4
(e) that involves travelling in an area or on a route other than an area or route on which the vehicle or combination is permitted to travel under the exemption	Class 1, 2, 6, 7, 12, 14	Level 11
(f) that involves travelling at a time other than the time at which the vehicle or combination is permitted to travel under the exemption	Class 1, 2, 6, 7, 12, 14	Level 11
(g) that involves travelling accompanied by fewer than the number of pilot or escort vehicles required under the exemption	Class 1, 2, 6, 7, 12, 14	Level 11
(h) that does not involve (a), (b) or (c)	Class 1, 2, 6, 7, 12, 14	Level 4
Clause 39 (3)	Class 1, 2, 6, 7, 12, 14	Level 4
Clause 40; Clause 53; Clause 73	Class 1, 2, 6, 7, 12, 14	Level 3
Clause 41 (a); Clause 41 (b); Clause 41 (c)	Class 1, 2, 6, 7, 12, 14	Level 3
Clause 48 (1)	Class 1, 2, 6, 7, 12, 14	Level 2
Clause 52 (4)	Class 1, 2	Level 4
Clause 59	Class 1, 2	Level 4
Clause 62 (a); Clause 62 (b)	Class 1, 2, 12, 14	Level 4
Clause 62 (c)	Class 1, 2, 12, 14	Level 6
Clause 74 (otherwise than in relation to a breach of a mass limit):
(a) that involves travelling in an area or on a route other than an area or route on which the vehicle or combination concerned is permitted to travel under a notice or permit	Class 1, 2, 6, 7, 12, 14	Level 11
(b) that involves travelling at a time other than the time at which the vehicle or combination concerned is permitted to travel under a notice or permit	Class 1, 2, 6, 7, 12, 14	Level 11
(c) that involves travelling accompanied by fewer than the number of pilot or escort vehicles required under a notice or permit	Class 1, 2, 6, 7, 12, 14	Level 11
(d) that does not involve (a), (b) or (c)	Class 1, 2, 6, 7, 12, 14	Level 4

Road Transport (Vehicle and Driver Management) Act 2005
Column 1	Column 2	Column 3
Provision	Authorised officer	Penalty
Section 26 (2) and clause 47 (1) of the Road Transport (Mass, Loading and Access) Regulation 2005	Class 1, 2, 6, 7, 12, 14	Level 9
Section 26 (2) and clause 61 of the Road Transport (Mass, Loading and Access) Regulation 2005	Class 1, 2, 6, 7, 12, 14	Level 9
Section 28 if the offence arises because the laden mass of the vehicle exceeds the maximum specified by means of a notice displayed in accordance with section 28:
(a) by not more than 1 tonne	Class 1, 2, 12, 14	Level 5
(b) by more than 1 tonne but not more than 2 tonnes	Class 1, 2, 12, 14	Level 8
(c) by more than 2 tonnes but not more than 3 tonnes	Class 1, 2, 12, 14	Level 10
(d) by more than 3 tonnes but not more than 4 tonnes	Class 1, 2, 12, 14	Level 11
Section 56 (in relation to a breach of a mass requirement by an operator of a vehicle or combination); Section 57 (in relation to a breach of a mass requirement by a driver of a vehicle or combination); Section 80 (in relation to a breach of a mass requirement by a registered operator or an owner of a vehicle or combination):
(a) minor risk breach	Class 1, 2, 6, 7, 12, 14	Level 6
(b) substantial risk breach	Class 1, 2, 6, 7, 12, 14	Level 10
Section 56 (in relation to a breach of a dimension requirement or a load restraint requirement by an operator of a vehicle or combination); Section 57 (in relation to a breach of a dimension requirement or a load restraint requirement by a driver of a vehicle or combination); Section 80 (in relation to a breach of a dimension requirement or a load restraint requirement by a registered operator or an owner of a vehicle or combination):
(a) minor risk breach	Class 1, 2, 6, 7, 12, 14	Level 5
(b) substantial risk breach	Class 1, 2, 6, 7, 12, 14	Level 9
Section 66 (3); Section 67 (5); Section 68 (3); Section 150 (4)	Class 1, 2	Level 9
Section 136 (5), if the offence relates to a heavy vehicle or heavy combination	Class 1, 2	Level 8
Section 137 (2), if the offence relates to a heavy vehicle or heavy combination	Class 1, 2	Level 8

Road Transport (Vehicle and Driver Management) Regulation 2005
Column 1	Column 2	Column 3
Provision	Authorised officer	Penalty
Clause 49 (3) and (4); Clause 50 (3); Clause 51 (4); Clause 52 (2); Clause 73 (3); Clause 76; Clause 77; Clause 78; Clause 79; Clause 81 (2), (2A), (2C), (3), (5)–(7) and (9)–(13); Clause 106; Clause 107 (4); Clause 108; Clause 112; Clause 113 (4); Clause 114; Clause 121:
(a) in relation to an individual	Class 1, 2, 4	Level 5
(b) in relation to a corporation	Class 1, 2, 4	Level 13
Clause 64; Clause 65; Clause 66; Clause 68; Clause 70; Clause 71; Clause 72; Clause 117:
(a) in relation to a minor risk offence	Class 1, 2, 4	Level 4
(b) in relation to a substantial risk offence:	Class 1, 2, 4	Level 7
Clause 155 (4) and (5); Clause 157 (3); Clause 161 (3):
(a) in relation to an individual	Class 1, 2, 4	Level 9
(b) in relation to a corporation	Class 1, 2, 4	Level 17
Clause 156 (3):
(a) in relation to an individual:
• (i) in relation to a level 1 offence	Class 1, 2, 4	Level 6
• (ii) in relation to a level 2 offence	Class 1, 2, 4	Level 9
(b) in relation to a corporation:
• (i) in relation to a level 1 offence	Class 1, 2, 4	Level 13
• (ii) in relation to a level 2 offence	Class 1, 2, 4	Level 17

Road Transport (Vehicle Registration) Regulation 2007
Column 1	Column 2	Column 3
Provision	Authorised officer	Penalty
Clause 22 (5); Clause 26 (1); Clause 27 (1); Clause 28; Clause 30 (8); Clause 31 (1); Clause 31 (2); Clause 31 (3); Clause 31 (5); Clause 31 (6); Clause 32 (2); Clause 32 (3); Clause 34 (1); Clause 34 (2); Clause 37 (3); Clause 39 (4); Clause 42 (5); Clause 46 (3); Clause 47; Clause 48; Clause 49; Clause 50 (2); Clause 50 (3); Clause 52 (1) except in relation to a matter provided for elsewhere in this Table; Clause 52 (2); Clause 52 (4); Clause 52 (5); Clause 56 (4); Clause 58 (7); Clause 58 (8); Clause 59 (4); Clause 67 (1); Clause 67 (2); Clause 67 (3); Clause 68; Clause 70 (7); Clause 74 (2); Clause 84 (1); Clause 85 (1A); Clause 86 (1); Clause 86 (3)	Class 1, 2	Level 2
Clause 28C (1) and (2)	Class 1	Level 15
Clause 52 (1) (a) in respect of the use of a registrable vehicle that does not comply with any of the following provisions of Schedule 2:
(a) clause 21 (b), vehicle cause danger or unreasonable annoyance	Class 1, 2	Level 3
(b) clause 22, defective steering	Class 1, 2	Level 5
(c) clause 25 (3), motor vehicle manufactured on or after 1 January 2003 (except if the model of the vehicle is a model of a kind manufactured before 1 January 2003) that has a GVM of not more than 3.5 tonnes and that is fitted with a vehicle frontal protection system (such as bullbar, roobar or nudge bar) failing to comply with AS 4876.1—2002Motor vehicle frontal protection systems—Road user protection because of: (i) incorrect method of mounting vehicle frontal protection system, or (ii) exposed edges, or (iii) unacceptable shape of material or unacceptable profile of vehicle frontal protection system, or (iv) use of non-standard or non-approved vehicle frontal protection system	Class 1, 2	Level 3
(d) clause 25 (3), motor vehicle manufactured on or after 1 January 2003 (except if the model of the vehicle is a model of a kind manufactured before 1 January 2003) that has a GVM of not more than 3.5 tonnes and that is fitted with a vehicle frontal protection system (such as bullbar, roobar or nudge bar) failing to comply with AS 4876.1—2002Motor vehicle frontal protection systems—Road user protection because of dangerous protrusions (such as fishing rod holders, aerials, winches and brackets for the mounting of spot lamps) fitted to vehicle frontal protection system	Class 1, 2	Level 5
(e) clause 26, oil and grease leaks	Class 1, 2	Level 3
(f) clause 28, defective seating	Class 1, 2	Level 5
(g) clause 29, seatbelt removed or defective	Class 1, 2	Level 5
(h) clause 29, motor vehicle not fitted or equipped with seatbelts or seatbelt anchorages	Class 1, 2	Level 5
(i) clause 61, number-plates not affixed and displayed correctly (including obscured, defaced, illegible or illegal number-plates) in the case of a class A motor vehicle	Class 1, 2	Level 6
(j) clause 61, number-plates not affixed and displayed correctly (including obscured, defaced, illegible or illegal number-plates) in the case of a class B motor vehicle or class C motor vehicle	Class 1, 2	Level 8
(k) clauses 133–135 or 137–142, defective brakes	Class 1, 2	Level 5
(l) clause 136, defective brake other than a defective emergency brake	Class 1, 2	Level 5
(m) clauses 155–160, undue emission, inefficient silencer or excessive noise	Class 1, 2	Level 3
(n) clause 162, defective LPG or CNG equipment or labelling	Class 1, 2	Level 3
(o) clauses 168–179, road train equipment offences	Class 1, 2	Level 3
Clause 52 (1) (b)	Class 1, 2	Level 3
Clause 55A	Class 1, 2	Level 8
Clause 58 (9); Clause 59 (5)	Class 1, 2	Level 4
Clause 70 (4)	Class 1, 2	Level 5
Clause 71 (5), Clause 84 (2), in the case of a minor defect notice	Class 1, 2	Level 5
Clause 76AC (1)	Class 1, 2	Level 9
Clause 76AD (2); Clause 76AD (3); Clause 76AL (1); Clause 76AL (2); Clause 76AL (3)	Class 2	Level 8
Clause 76AD (4)	Class 2	Level 5
Clause 76AI (5); Clause 76AM (2); Clause 76AM (3); Clause 76AN (1); Clause 76AN (2)	Class 2	Level 9
Clause 84 (2), in the case of a major defect notice	Class 1, 2	Level 6
Clause 84 (3); Clause 84 (5)	Class 1, 2	Level 8
Clause 85 (1) (a), Clause 85 (2), in the case of a class A motor vehicle	Class 1, 2	Level 6
Clause 85 (1) (b), Clause 85 (1) (c), Clause 85 (3), in the case of a class A motor vehicle	Class 1, 2	Level 2
Clause 85 (1), Clause 85 (2), Clause 85 (3), in the case of a class B motor vehicle or class C motor vehicle	Class 1, 2	Level 8
Clause 83K (2); Clause 83N (1); Clause 83N (2); Clause 83O; Clause 83W	Class 1, 2	Level 5
Clause 83R	Class 2	Level 8
Clause 83U	Class 2	Level 12

Roads Act 1993
Column 1	Column 2	Column 3
Provision	Authorised officer	Penalty
Section 115 (4)	Class 1, 2, 14	Level 2