Traffic Act 1909 Motor Traffic Amendment (Increased Penalties) Regulation 1998 (1998-566) [GG No 139 of 25.9.1998, p 7680] (NSW)

1998 No 566

New South Wales

Motor Traffic Amendment (Increased

Penalties) Regulation 1998

under the

Traffic Act 1909

His Excellency the Governor, with the advise of the Executive Council, has made the following Regulation under the Traffic Act 1909.

CARL SCULLY MP

Minister for Roads

Explanatory note

The objects of this Regulation are:

(a)	to prescribe a particular penalty for the offence of stopping contrary to a "no stopping" sign in a way that obstructs a marked footcrossing or children’s footcrossing, if that offence is dealt with by way of a penalty notice rather than a court, and
(b)	to increase the penalties payable in respect of certain other offences if those offences are dealt with by way of a penalty notice.

This Regulation is made under the Traffic Act 1909, and. in particular, under sections 3 (the general regulation-making power) and 18B (Penalty notices for certain offences).

Published in Gazette No 139 of 25 September 1998, page 7680 Page 1

1998 No 566

Clause 1 Motor Traffic Amendment (Increased Penalties) Regulation 1998

Motor Traffic Amendment (Increased Penalties)

Regulation 1998

1 Name of Regulation

This Regulation is the Motor Traffic Amendment (Increased

Penalties) Regulation 1998.

2 Commencement

This Regulation commences on 30 September 1998.

1. Amendment of Motor Traffic Regulations 1935

   The Motor Traffic Regulations 1935 are amended as set out in

Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

1998 No 566

Motor Traffic Amendment (Increased Penalties) Regulation 1998

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3 )

[1]        Schedule K Prescribed offences and penalties for the purposes

of section 18B of the Act

Omit the matter relating to section 6 from Table A of Part 1.
Insert instead:

Section 6 (1) (a) or (b):
If. at the time of the offence:

(a)  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 320

(ii)         for the second or subsequent offence

within the last 5 years 500

(b)	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 400

(ii)         for the second or subsequent offence

within the last 5 years 800

( c )	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 320

(ii)         for the second or subsequent offence

within the last 5 years 500

( d )	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 320

(ii)        for the second or subsequent offence

within the last 5 years 500

1998 No 566

Motor Traffic Amendment (Increased Penalties) Regulation 1998

Schedule 1 Amendments

(e)	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 400

(ii)        for the second or subsequent offence

within the last 5 years 800

( f ) the driver had never been licensed within the

meaning of section 6 (1E) (for the first offence

only) 500

1. Schedule K, Part 1, Table A

   Omit the Note at the end of the Table.

2. Schedule K, Part 1, Table B

Omit the amounts of the penalties set out in paragraphs (a) and (b) of
the matter relating to section 4A (1) .
Insert instead (respectively) "500" and "800".

1. Schedule K, Part 1, Table B

Omit the amounts of the penalties set out in paragraphs (a) and (b) of
the matter relating to section 4A (1A).
Insert instead (respectively) “1,380” and "2.072".

1. Schedule K, Part 2, Table A

   Omit the matter commencing "Regulation 12BA (2)". Insert instead:

   Regulation 12BA (2):

(a ) if the restricted licence concerned is a

provisional Class R licence and the holder of
the licence drives a motorcycle with engine

capacity greater than 260 ml or a power to

weight ratio greater than 150 kilowatts per

tonne:

(i)          for the first offence, or the first offence

within the last 5 years 320

(ii)         for the second or subsequent offence

within the last 5 years 500

( b) in any other case 67

Regulation 23, 31 (2), 56H, 56K, 56L, 56M, 56N

or 64 67

1998 No 566

Motor Traffic Amendment (Increased Penalties) Regulation 1998

Amendments Schedule 1

[6]        Schedule K, Part 2, Table B

Insert after paragraph (b) (vi) of the matter relating to Regulation
54 (7):

(vii)      where the offence is stopping or waiting

contrary to a “no stopping" sign in a

way that obstructs a marked footcrossing

or a children's footcrossing 200

[7]        Schedule K, Part 2, Table B

Omit the matter relating to Regulation 124. Insert instead:

Regulation 124:

(a)  where the motor vehicle. not being a motor vehicle referred to in Regulation 124 ( 1 ) :

(i)          is driven at a speed that exceeds by more

than 45 km/h the speed permitted 1,380
(ii)	is driven at a speed that exceeds by more than 30 km/h but not more than 45 km/h the speed permitted 500
(iii)	is driven at a speed that exceeds by more than 15 km/h but not more than 30 km/h the speed permitted 179

(iv)        is driven at a speed that exceeds by not

more than 15 km/h the speed permitted 112

(b )	where the motor vehicle, being a coach or heavy motor vehicle:
(i) is driven at a speed that exceeds by more

than 45 km/h the speed permitted 2,072

(ii)	is driven at a speed that exceeds by more than 30 km/h but not more than 45 km/h the speed permitted	800
(iii)	is driven at a speed that exceeds by more than 15 km/h but not more than 30 km/h the speed permitted	270
(iv)	is driven at a speed that exceeds by not
more than 15 km/h the speed permitted	172

(c)	where the motor vehicle. being a motor vehicle referred to in Regulation 124 (1), but not being a coach or heavy motor vehicle:
(i) is driven at a speed that exceeds by more

than 45 km/h the speed permitted 1,380

1998 No 566

Motor Traffic Amendment (Increased Penalties) Regulation 1998

Schedule 1 Amendments

(ii)	is driven at a speed that exceeds by more than 30 km/h but not more than 45 km/h the speed permitted	500
(iii)	is driven at a speed that exceeds by more than 15 km/h but not more than 30 km/h the speed permitted	270
(iv)	is driven at a speed that exceeds by not
more than 15 km/h the speed permitted	172