Road Transport (Vehicle Registration) Amendment (Suspension of Registration) Regulation 2011 (NSW)

2011 No 36

New South Wales

Road Transport (Vehicle Registration)

Amendment (Suspension of

Registration) Regulation 2011

under the

Road Transport (Vehicle Registration) Act 1997

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Road Transport (Vehicle Registration) Act 1997.

DAVID BORGER, MP

Minister for Roads

Explanatory note
The object of this Regulation is to amend the Road Transport (Vehicle Registration) Regulation 2007 to enable the RTA to suspend the registration of a motor vehicle if it appears to the RTA that a registered operator of the vehicle (being a corporation) has committed a second or subsequent offence under section 179 (6) of the Road Transport (General) Act 2005 (of failing to nominate the driver of a vehicle at the time it was involved in a camera recorded offence) in relation to any vehicle of the registered operator in any 3 year period.
The amendments will also enable the RTA to have regard to such repeated contraventions of section 179 (6) in deciding whether or not exemptions from certain registration requirements should apply to a vehicle of the registered operator that is registered outside of NSW but that is temporarily in NSW.

This Regulation is made under the Road Transport (Vehicle Registration) Act 1997, including sections 8 (1) and 14 (the general regulation-making power).

Published LW 28 January 2011	Page 1
2011 No 36	Road Transport (Vehicle Registration) Amendment (Suspension of
Clause 1	Registration) Regulation 2011

Road Transport (Vehicle Registration) Amendment

(Suspension of Registration) Regulation 2011

under the

Road Transport (Vehicle Registration) Act 1997

1      Name of Regulation

This Regulation is the Road Transport (Vehicle Registration)
Amendment (Suspension of Registration) Regulation 2011.

2      Commencement

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

Road Transport (Vehicle Registration) Amendment (Suspension of	2011 No 36
Registration) Regulation 2011
Amendment of Road Transport (Vehicle Registration) Regulation 2007	Schedule 1
Schedule 1	Amendment of Road Transport (Vehicle Registration) Regulation 2007

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

Insert after clause 41 (2):

(2A) The Authority may suspend the registration of a registrable vehicle if it appears to the Authority that a registered operator of the vehicle (being a corporation) has committed a second or subsequent offence under section 179 (6) of the Road Transport (General) Act 2005 in relation to any vehicle of the registered operator in any 3 year period.

[2]      Clause 41 (3)

Omit “subclause (2)” and “that subclause”.
Insert instead “subclause (2) or (2A)” and “either subclause”, respectively.

[3]      Clause 41 (3) (a)

Insert “and the period of suspension” after “and (b)”.

[4]      Clause 94 Savings and transitional provisions

Insert after clause 94 (3):

(3A) A reference in clause 41 (2A), as inserted by the Road Transport (Vehicle Registration) Amendment (Suspension of Registration) Regulation 2011, to any 3 year period is taken to be a reference to any 3 year period beginning on or after (but not before) the commencement of that Regulation.

[5]      Schedule 1 Application of Act and Regulation

Omit “and (2)” from clause 2. Insert instead “, (2) and (2A)”.