Traffic Act 1909 Motor Traffic Amendment (Law Revision) Regulation 1997 (1997-453) [GG No 95 of 29.8.1997, p 7074] (NSW)
1997 No 453
New South Wales
Motor Traffic Amendment (Law
Revision) Regulation 1997
under the
Traffic Act 1909
His Excellency the Lieutenant-Governor, with the advice of the Executive
Council, has made the following Regulation under the Traffic Act 1909.
CARL SCULLY, M.P.,
Minister for Roads
Explanatory note
The objects of this Regulation are:
(a) to make various minor amendments in the nature of law revision including amendments:
(i) consequent on the making of the Road Transport (Mass, Loading and Access) Regulation 1996, and (ii) to correct references to various Acts and to Australia Post, and (iii) to correct references to certain penalties, and (b) to provide for penalties in relation to breaches of mass limits under the Road Transport (Mass, Loading and Access) Regulation 1996. This Regulation is made under the Traffic Act 1909, including section 3 (the general regulation-making power).
Published in Gazette No 95 of 29 August 1997, page 7074 Page 1
1997 No 453
| Clause 1 | Motor Traffic Amendment (Law Revision) Regulation 1997 |
Motor Traffic Amendment (Law Revision)
Regulation 1997
1 Name of Regulation
This Regulation is the Motor Traffic Amendment (Law Revision)
Regulation 1997.
2 Commencement
This Regulation commences on 1 September 1997.
3 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.
1997 No 453
Motor Traffic Amendment (Law Revision) Regulation 1997
Amendments Schedule 1 Schedule 1 Amendments
(Clause 3)
Regulation 5 Payment of fees
Omit “and” from paragraph (b1) (ii) (where firstly occurring) in the definition of pensioner in Regulation 5 (1).
Regulation 5 (1), definition of “pensioner”
Omit paragraph (b1) where secondly occurring.
Regulation 53D Accreditation of rider training instructors
Omit “the Driving Instructors Act 1992”.
Insert instead “under the Driving Instructors Act 1992”.
Regulation 84 Standing of vehicles in certain positions
Omit “the Australia Post” from Regulation 84 (1) (d).
Insert instead “Australia Post”.
Regulation 90A Driving on footpath
Omit “the Australia Post” from Regulation 90A (2) (c) (ii). Insert instead “Australia Post”.
Regulation 92 Requirements for motor vehicles
Omit “if the motor vehicle is the subject of a specific or general overdimension permit for the time being in force under Part 9A”
from Regulation 92 (5A).
Insert instead “if the motor vehicle is exempted from the dimension limits by the operation of Regulation 123AB”.
1997 No 453
Motor Traffic Amendment (Law Revision) Regulation 1997
| Schedule 1 | Amendments |
Regulation 114 Number of vehicles which may be drawn
Omit “or unless the motor vehicle is the subject of a specific or general overdimension permit for the time being in force under Part 9N’ from Regulation 114 (1).
Regulation 118 Projection of loading or equipment of vehicles
Omit clause 2.
Regulation 123AB Application of Road Transport (Mass,
Loading and Access) Regulation 1996
Omit “if is” from Regulation 123AB (2).
Insert instead “if it is”.
Regulation 130A Prescribed officers and offences (section 18B)
Omit Regulation 130A (1) (f) (v).
Schedule F Construction and equipment of motor vehicles
Omit paragraph 86OB.
Schedule F, paragraph 161
Omit “Dimensions of vehicles regulated by permit”.
Insert instead “Exemption by operation of Regulation 123AB”.
Schedule F, paragraph 161 (1)
Omit “is the subject of a specific or general overdimension vehicle
permit for the time being in force under Part 9A of these Regulations”. Insert instead “is exempted from the dimension limits by the operation of Regulation 123AB”.
Schedule F, paragraph 161 (3) Omit the subparagraph. Schedule F, paragraph 164 Omit subparagraph (1).
1997 No 453
Motor Traffic Amendment (Law Revision) Regulation 1997
Amendments Schedule 1 Schedule F, paragraph 164 (2)
Omit “The rear overhang of such a bus”.
Insert instead “If a bus exceeds 12.5 m because of the operation ofRegulation 123AB, the rear overhang of the bus”.
Schedule F, paragraph 170
Omit “is the subject of a specific or general overdimension vehicle permit for the time being in force under Part 9A of these Regulations,, from paragraph 170 (1).
Insert instead “is exempted from the dimension limits by the operation of Regulation 123AB”.
Schedule F, paragraph 170 (2)
Omit the subparagraph.
Schedule K Prescribed offences and penalties for the purposes of section 18B of the Act
Omit the matter relating to section 108 of the Roads Act 1993 from
Part 12.
Schedule K, Part 12 Omit the matter relating to clauses 16, 30, 31, 32, 33, 35, 36 and 38 of the Road Transport (Mass, Loading and Access) Regulation 1996. Insert instead: Any offence (other than an offence relating to a breach of a mass limit) under clause 16, 36 or 38:
(a) that involves travelling in an area or on a route other than concerned is permitted to travel under an applicable notice or
permit ............................................................................. 816 (b) that involves travelling at a time other than the time at which the vehicle or combination concerned is permitted to
travel under an applicable notice or permit ......................... 816
1997 No 453
Motor Traffic Amendment (Law Revision) Regulation 1997
Schedule 1 Amendments
(c) that involves travelling accompanied by fewer than the number of pilot or escort vehicles required under an applicable permit or notice that applies to the vehicle or
combination concerned ..................................................... 816 (d)
that does not involve (a), (b) or (c) ................................... 149 Any offence (other than an offence relating to a breach of a mass limit) under:
Clause 30 ................................................................................. 117 Clause 31 ................................................................................. 149 Clause 32 ................................................................................. 149 Clause 33 ................................................................................. 149 [21] Schedule K, Part 12
Insert before the matter relating to clause 41 of the Road Transport
(Mass, Loading and Access) Regulation 1996:Any offence under clause 16 relating to a breach of a mass limit:
(a)
if the offence arises because the axle load on a single steer axle or a single axle with single tyres exceeds the maximum specified by a notice issued, or a permit granted, under Division 2 of Part 3 with respect to that axle:
by not more than 0.5 tonne ........................................... 199 by more than 0.5 tonne but not more than 1 tonne ............. 601
(b)
if the offence arises because the axle load on a single axle with dual tyres exceeds the maximum specified by a notice issued, or a permit granted, under Division 2 of Part 3 with respect to that axle:
by not more than 1 tonne ............................................. 199 by more than 1 tonne but not more than 1.5 tonnes ........ 403 by more than 1.5 tonnes but not more than 2 tonnes ....... 601 by more than 2 tonnes but not more than 2.5 tonnes ....... 806
(c) i f the offence arises because the sum of the axle loads on a
twin steer axle group or a tandem axle group exceeds the
maximum specified by a notice issued, or a permit granted,
under Division 2 of Part 3 with respect to that axle group:
1997 No 453
Motor Traffic Amendment (Law Revision) Regulation 1997
Amendments Schedule 1
by not more than l tonne .............................................. 199 by more than 1 tonne but not more than 1.5 tonnes ........ 403 by more than 1.5 tonnes but not more than 2 tonnes ....... 601 by more than 2 tonnes but not more than 2.5 tonnes ....... 806 if the offence arises because the sum of the axle loads on a
hi-axle group exceeds the maximum specified by a notice
issued, or a permit granted, under Division 2 of Part 3 withrespect to that axle group:
by not more than 1 tonne .............................................. 199 by more than 1 tonne but not more than 2 tonnes ........... 403
by more than 2 tonnes but not more than 3 tonnes .......... 601
by more than 3 tonnes but not more than 4 tonnes .......... 806
if the offence arises because the laden weight of a vehicle exceeds the maximum laden weight specified by a notice issued, or a permit granted, under Division 2 of Part 3 with
respect to that vehicle:
by not more than 1 tonne ............................................ 199 by more than 1 tonne but not more than 2 tonnes ........... 403 by more than 2 tonnes but not more than 3 tonnes .......... 601 by more than 3 tonnes but not more than 4 tonnes .......... 806
Any offence under clause 31, 32 or 33 relating to a breach of a mass limit:
(a)
if the offence arises because the axle load on a single steer axle or a single axle with single tyres exceeds the maximum specified in Schedule 1 with respect to that axle:
by not more than 0.5 tonne .................................. 199
by more than 0.5 tonne but not more than 1 tonne .......... 601
(b)
if the offence arises because the axle load on a single axle with dual tyres exceeds the maximum specified in Schedule 1 with respect to that axle:
by not more than 1 tonne .............................................. 199 by more than 1 tonne but not more than 1.5 tonnes ........ 403 by more than 1.5 tonnes but not more than 2 tonnes ....... 601 by more than 2 tonnes but not more than 2.5 tonnes ....... 806
1997 No 453
Motor Traffic Amendment (Law Revision) Regulation 1997
| Schedule 1 | Amendments |
if the offence arises because the sum of the axle loads on a
twin steer axle group or a tandem axle group exceeds the
maximum specified in Schedule 1 with respect to that axlegroup:
by not more than 1 tonne ............................................. 199 by more than 1 tonne but not more than 1.5 tonnes ........ 403 by more than 1.5 tonnes but not more than 2 tonnes ....... 601 by more than 2 tonnes but not more than 2.5 tonnes ....... if the offence arises because the sum of the axle loads on a tri-axle group exceeds the maximum specified in Schedule 1 with respect to that axle group:
806
by not more than 1 tonne ............................................. 199 by more than l tonne but not more than 2 tonnes ........... 403 by more than 2 tonnes but not more than 3 tonnes ......... 601 by more than 3 tonnes but not more than 4 tonnes ......... 806
exceeds the maximum specified in Schedule 1 with respect if the offence arises because the laden weight of a vehicle to that vehicle:
by not more than 1 tonne ............................................. 199 by more than 1 tonne but not more than 2 tonnes ........... 403 by more than 2 tonnes but not more than 3 tonnes ......... 601 by more than 3 tonnes but not more than 4 tonnes ......... 806
Any offence under clause 36 relating to a breach of a mass limit:
(a)
if the offence arises because the axle load on a single steer axle or a single axle with single tyres exceeds the maximum specified in a condition of a notice or permit (or of an exemption granted under clause 39) with respect to that axle:
by not more than 0.5 tonne ........................................... 199 by more than 0.5 tonne but not more than 1 tonne ......... 601
(b)
if the offence arises because the axle load on a single axle with dual tyres exceeds the maximum specified in a condition of a notice or permit (or of an exemption granted under clause 39) with respect to that axle:
1997 No 453
Motor Traffic Amendment (Law Revision) Regulation 1997
Amendments Schedule 1
by not more than 1 tonne ............................................. 199
by more than 1 tonne but not more than 1.5 tonnes ........ 403 by more than 1.5 tonnes but not more than 2 tonnes ....... 601 by more than 2 tonnes but not more than 2.5 tonnes ....... 806
(c)
if the offence arises because the sum of the axle loads on a twin steer axle group or a tandem axle group exceeds the maximum specified in a condition of a notice or permit (or of an exemption granted under clause 39) with respect to that axle group:
by not more than 1 tonne ............................................. 199 by more than l tonne but not more than 1.5 tonnes ........ 403
by more than 1.5 tonnes but not more than 2 tonnes . . . . . . . 601
by more than 2 tonnes but not more than 2.5 tonnes ....... if the offence arises because the sum of the axle loads on a hi-axle group exceeds the maximum specified in a condition of a notice or permit (or of an exemption granted under
806
(d)
clause 39) with respect to that axle group:
by not more than 1 tonne .............................................. 199 by more than 1 tonne but not more than 2 tonnes ........... 403 by more than 2 tonnes but not more than 3 tonnes .......... 601 by more than 3 tonnes but not more than 4 tonnes .......... if the offence arises because the laden weight of a vehicle exceeds the maximum specified in a condition of a notice or permit (or of an exemption granted under clause 39) with respect to that vehicle:
806
(c)
by not more than 1 tonne .............................................. 199 by more than 1 tonne but not more than 2 tonnes ........... 403 by more than 2 tonnes but not more than 3 tonnes .......... 601 by more than 3 tonnes but not more than 4 tonnes .......... 806
[22] Schedule K, Part 12
Omit the matter relating to clause 47 (3) of the Road Transport
(Mass, Loading and Access) Regulation 1996.
1997 No 453
Motor Traffic Amendment (Law Revision) Regulation 1997
| Schedule 1 | Amendments |
Insert instead:
Any offence under clause 47 (3) relating to a breach of a mass limit:
if the offence arises because the axle load on a single steer
axle or a single axle with single tyres exceeds the maximum
specified in the notice for that class of vehicle with respectto that axle:
by not more than 0.5 tonne ........................................... 199 by more than 0.5 tonne but not more than 1 tonne .........
if the offence arises because the axle load on a single axle
with dual tyres exceeds the maximum specified in the notice
for that class of vehicle with respect to that axle:601 by not more than 1 tonne ............................................. 199 by more than 1 tonne but not more than 1.5 tonnes ........ 403 by more than 1.5 tonnes but not more than 2 tonnes ....... 601 by more than 2 tonnes but not more than 2.5 tonnes .......
if the offence arises because the sum of the axle loads on a
twin steer axle group or a tandem axle group exceeds the
maximum specified in the notice for that class of vehicle
with respect to that axle group:806 by not more than 1 tonne ............................................. 199 by more than 1 tonne but not more than 1.5 tonnes ........ 403 by more than 1.5 tonnes but not more than 2 tonnes ....... 601 by more than 2 tonnes but not more than 2.5 tonnes ....... if the offence arises because the sum of the axle loads on a tri-axle group exceeds the maximum specified in the notice
806
for that class of vehicle with respect to that axle group: by not more than 1 tonne ............................................. 199 by more than 1 tonne but not more than 2 tonnes ........... 403 by more than 2 tonnes but not more than 3 tonnes ......... 601 by more than 3 tonnes but not more than 4 tonnes ......... if the offence arises because the sum of the axle loads of a group of axles (other than an axle group of a kind referred to in (c) or (d)) of a vehicle exceeds the maximum specified
806
in the notice for that class of vehicle with respect to that
axle group:
1997 No 453
Motor Traffic Amendment (Law Revision) Regulation 1997
Amendments Schedule 1
by not more than 1 tonne .............................................. 199 by more than 1 tonne but not more than 2 tonnes ........... 403 by more than 2 tonnes but not more than 3 tonnes .......... 601 by more than 3 tonnes but not more than 4 tonnes .......... 806
0
0
0