Traffic Act 1909 (NSW)
An Act to provide for the regulation of vehicles and of vehicular and pedestrian traffic; and for other purposes.
This Act may be cited as the Traffic Act 1909.
(Repealed)
In this Act, unless the context or subject-matter otherwise indicates:
(a) any person employed by the Government as an analyst,
(b) any person who is an analyst within the meaning of the Poisons and Therapeutic Goods Act 1966, or
(c) a prescribed person or a person of a prescribed class or description.
(a) the date on which the photograph is taken,
(b) the time and location at which the photograph is taken,
(c) the direction and lane in which the vehicle activating the camera is travelling, and
(d) the interval during which the red circle or red arrow has been continuously displayed immediately before the photograph is taken.
(a) the speed at which any such vehicle is travelling (as measured by the approved speed measuring device), and
(b) the date on which the photograph is taken, and
(c) the time and location at which the photograph is taken, and
(d) the speed limit which, according to section 4A (2), is applicable to the length of road or road related area at which the photograph is taken, and
(e) the direction in which the vehicle is travelling (that is, towards or away from the device).
(a) constructed principally to carry persons, and
(b) equipped to seat more than 8 adult persons, and
(c) used to convey passengers for hire or reward or in the course of trade or business.
(a) alcohol,
(b) a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, not being a substance specified in the regulations as being excepted from this definition, and
(c) any other substance prescribed as a drug for the purposes of this definition.
(a) a motor vehicle that has a manufacturer’s gross vehicle mass exceeding 13.9 tonnes (being the maximum laden mass at which the manufacturer recommends the vehicle be operated), or
(b) a motor vehicle and trailer combination that has a manufacturer’s gross combination mass exceeding 13.9 tonnes (being the maximum laden mass at which the manufacturer recommends the combination be operated).
(a) a motor vehicle (except a bus or a tram) with a GVM over 12 tonnes,
(b) a motor vehicle (except a bus or tram) forming part of a combination if the total of the GVMs of the vehicles in the combination is over 12 tonnes,
with the
(c) specified by the manufacturer on an identification plate on the vehicle, or
(d) if there is no specification by the manufacturer on an identification plate on the vehicle or if the specification is not appropriate because the vehicle has been modified—certified by the Authority or a corresponding authority.
(a) any public hospital within the meaning of the Health Services Act 1997 controlled by an area health service or the Crown, and
(b) a statutory health corporation or affiliated health organisation within the meaning of the Health Services Act 1997, and
(c) any private hospital within the meaning of the Private Hospitals and Day Procedure Centres Act 1988.
(a) a crime or offence referred to in section 10A (1), or
(b) an offence under section 4E (1) or (1B) as in force before the commencement of this paragraph.
(a) an area that divides a road, or
(b) a footpath or nature strip adjacent to a road, or
(c) an area that is open to the public and is designated for use by cyclists or animals, or
(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles, or
(e) any other area that is open to or used by the public and that has been declared under section 2A to be an area to which specified provisions of this Act or the regulations apply.
(a) any description of vehicle on wheels (including a light rail vehicle) but not including any other vehicle used on a railway or tramway, or
(b) any other vehicle prescribed by the regulations.
(Repealed)
Any reference in this Act to an engine, engine block or other part of a motor vehicle or trailer shall, where that engine, engine block or other part has been removed from a motor vehicle or trailer, be read and construed as including a reference to the engine, engine block or other part so removed except where it has been installed as an engine, engine block or part of a motor launch or other vehicle or machinery, not being a motor vehicle or trailer.
In this Act, a reference to a driver licence in respect of a motor vehicle, being a driver licence of any class, is a reference to a driver licence which authorises the holder to drive motor vehicles of a class which includes the motor vehicle (whether or not in combination with a trailer).
A reference in this Act to:
(a1) the special range prescribed concentration of alcohol is a reference to a concentration of 0.02 grammes or more, but less than 0.05 grammes, of alcohol in 100 millilitres of blood,
(a) the low range prescribed concentration of alcohol is a reference to a concentration of 0.05 grammes or more, but less than 0.08 grammes, of alcohol in 100 millilitres of blood,
(b) the middle range prescribed concentration of alcohol is a reference to a concentration of 0.08 grammes or more, but less than 0.15 grammes, of alcohol in 100 millilitres of blood, and
(c) the high range prescribed concentration of alcohol is a reference to a concentration of 0.15 grammes or more of alcohol in 100 millilitres of blood.
Where a person holding a learner licence:
(a) is driving a motor vehicle, and
(b) is accompanied by another person occupying the seat next to the person by reason of a requirement made by the regulations,
the other person shall, for the purposes of sections 4E, 4F and 5, be deemed to be the holder of a driver licence.
The Minister may declare, by notice published in the Gazette, that this Act and the regulations, or specified provisions of this Act or the regulations:
(a) apply to a specified area of the State that is open to or used by the public, or
(b) do not apply to a specified road or road related area.
Before making a declaration under subsection (1), the Minister is to consult with the Minister administering the Motor Accidents Act 1988.
The declaration has effect until it is revoked, or for the period specified in the declaration.
(Repealed)
In this Part:
(a) the Police Force, and
(b) any Government department or administrative office, and
(c) a statutory body representing the Crown, and
(d) a person or body prescribed by the regulations for the purposes of this definition.
(a) traffic control lights on roads or road related areas, and equipment used in connection with traffic control lights, or
(b) any sign, marking, structure or device containing or relating to a requirement or direction, contravention of which is an offence arising under:
(i) this Act or the regulations, or
(ii) any other Act, regulation or by-law prescribed for the purposes of this subparagraph, or
(c) (Repealed)
(d) any other sign, marking, structure or device that is intended to promote safe or orderly traffic movement on roads or road related areas or to warn, advise or inform the drivers of vehicles, or pedestrians, of any matter or thing in relation to vehicular or pedestrian traffic or road conditions or hazards, or
(e) any bridge or subway or other facility for use by pedestrians over, across, under or alongside a road or road related area, or
(f) any other thing prescribed as a traffic control facility by the regulations.
A reference (however expressed) in this Part to any thing, person or traffic, on a road or road related area, includes a reference to any thing, person or traffic above, over, across, in or under a road or road related area.
The functions of the Authority include the following:
(a) reviewing the traffic arrangements in the State, including arrangements in connection with the movement, regulation and control of traffic and the parking of vehicles,
(b) formulating or adopting plans and proposals for the improvement of those arrangements,
(c) establishing general standards and general principles in connection with:
(i) the design, construction, erection, affixing, marking, maintenance, repair, alteration, operation or removal of traffic control facilities, and
(ii) the design of intersections and the approaches to them or the approaches to railway level crossings,
for purposes connected with traffic safety and the movement, regulation and control of traffic,
(d) promoting traffic safety,
(e) co-ordinating the activities of public authorities so far as those activities relate to:
(i) the carrying out of plans and proposals formulated or adopted by the Authority for the improvement of traffic arrangements, or
(ii) the design, construction, erection, affixing, marking, maintenance, repair, alteration, operation or removal of traffic control facilities, or
(iii) traffic safety, or
(iv) any other matter connected with the Authority’s functions under this Part.
The Authority may:
(a) promote traffic safety measures or activities, including measures or activities for:
(i) the safety and protection of the public, including pedestrians, on roads or road related areas, and
(ii) the prevention of accidents on roads or road related areas, and
(iii) the minimising of the effect of accidents on roads or road related areas, and
(iv) the protection of property from damage from accidents on roads or road related areas, and
(b) promote or engage in the dissemination and publication by suitable media of advice and information resulting from research or otherwise for the education and guidance of, and observance by, drivers of or persons travelling in vehicles, or persons on roads or road related areas, or manufacturers of, repairers of, or dealers in, vehicles or vehicle parts, and
(c) make reports or recommendations to the Minister, or any other person or body, in relation to the following:
(i) traffic arrangements, and the movement, regulation and control of traffic, on roads or road related areas,
(ii) traffic planning,
(iii) traffic safety,
(iv) the parking of vehicles,
(v) the operation, maintenance or alteration of traffic control facilities,
(vi) any other matter connected with the Authority’s functions under this Part, and
(d) carry out or promote research or investigations into matters connected with any of the Authority’s functions under this Part including research or investigations into:
(i) traffic control facilities, and
(ii) the cause of accidents, their incidence and the ways and means that may be adopted for their prevention or for controlling or mitigating their effects.
The Authority may, from time to time, direct public authorities to implement plans or proposals formulated or adopted, general standards or general principles established, or other decisions made, by the Authority in the exercise or performance of the Authority’s functions under this Part.
The Authority may communicate directions under this section to such public authorities, and in such manner, as it thinks fit.
While a direction communicated to a public authority under this section and applicable to its functions is in force, it is the duty of the public authority, by the exercise or performance of its functions in accordance with law, to comply with the direction, except where to do so:
(a) would be impracticable because of emergency, accident or other special circumstances, or
(b) would affect the functions of any person or body with respect to the laying or making of any information or complaint, the continuance or discontinuance of any proceedings for an alleged offence or any other manner of dealing with an alleged offence.
The failure of a public authority to comply with a direction of the Authority under this section does not invalidate any act, matter or thing to which the direction relates, and in particular does not invalidate the construction, erection, affixing or marking of any traffic control facility or any direction that is contained in or relates to the facility.
A direction may be given under this section so as to apply generally or in any particular case or class of cases.
The power to give a direction includes the power to amend or revoke a direction.
The Authority may bring proceedings in the Supreme Court for an order to require a public authority to comply with a direction under this section.
The Supreme Court may, in any such proceedings, make such order as it thinks fit.
The Authority may, for the purpose of promoting traffic safety, make recommendations to a public authority in relation to the public authority’s functions in connection with the lighting of roads or road related areas, including recommendations in relation to:
(a) general principles relating to the provision of lighting on roads or road related areas, and
(b) the need for lighting on any particular road or road related area or part of a road or road related area, and
(c) the need for the improvement of lighting on any particular road or road related area or part of a road or road related area.
It is the duty of a public authority to which recommendations are made under this section to give them proper consideration and, as far as may be reasonably practicable, to carry them into effect.
If the provisions of this Part are inconsistent with the provisions of:
(a) the Local Government Act 1993, or
(b) any regulations, ordinances or by-laws made under any Act,
the provisions of this Part shall prevail.
Nothing in this Part applies to or in respect of any sign, mark, structure or device containing or relating to a requirement or direction, contravention of which gives rise to an offence under the Local Government Act 1993, or any regulation under that Act, but not under any other Act or regulation.
Any person who or body which would not, but for this subsection, have the power to co-operate with, or do or perform any act or thing in conjunction with, the Authority is hereby authorised so to co-operate or do or perform the act or thing.
The Governor may make regulations, and may thereby:
(a) regulate the use of vehicles and the conditions under which they may be used,
(b) regulate the speed of vehicles, and the weights of the loads which may be carried upon different kinds of vehicles, and regulate the carrying on vehicles of long, large, heavy, or projecting articles,
(c) prescribe and regulate the carrying of lights on vehicles,
(d) prescribe and regulate the affixing and use of bells or alarms on vehicles,
(e) prescribe and regulate the affixing of efficient brakes on vehicles,
(f) provide for minimising the noise, and the issue of smoke or fumes from the working of vehicles,
(g) prohibit the use of vehicles that, owing to construction or other cause, are unsuitable for safe use,
(g1) provide for the inspection by a member of the police force, or an officer authorised in that behalf either generally or in a specific case in writing under the hand of the Authority, of vehicles whether in or upon a road or road related area or not for the purposes of determining whether or not such vehicles are suitable for safe use or comply with the requirements of this Act and the regulations, and for such purposes and in connection with any such inspection:
(i) require the production of any vehicle at a place and within a time specified in such request,
(ii) authorise the entry in or upon any vehicle upon a road or road related area,
(iii) authorise the entry in or upon any premises ordinarily used for the sale of any vehicles and in or upon any vehicle upon those premises,
(iv) authorise the entry in or upon any other premises, where such member or officer has reasonable cause to believe a vehicle is for sale, held in possession for sale or in a damaged condition as a result of an accident, for the purpose of inspecting any such vehicle upon those premises, and the entry in or upon any such vehicle upon those premises,
(v) make provision with respect to:
• the duties and obligations of owners of and persons in charge of or having the custody of or selling or having in possession for sale or otherwise vehicles the subject of such inspection,
• the issue of notices giving directions setting out the conditions with which such owners or persons shall comply before such vehicles may be used, driven or sold,
• the affixing of notices or labels in the prescribed form to such vehicles,
• the imposition of penalties for removing, obliterating or interfering with any notices or labels so affixed, and
• other matters incidental to or necessary for prohibiting or regulating the use, driving or sale of vehicles unsuitable for safe use or which do not comply with the requirements of this Act and the regulations,
(g2) provide, for the purposes of determining whether or not motor vehicles or trailers are suitable for safe use or comply with the requirements of this Act and the regulations:
(i) for the Authority to authorise in writing any person whom the Authority is satisfied is suitably qualified to inspect and test motor vehicles or trailers and to issue inspection reports, in a prescribed form and in a prescribed manner, relating to such inspections,
(ii) for the Authority to authorise in writing any person whom the Authority is satisfied has suitable premises and equipment to use the premises for the purposes of conducting any inspection referred to in subparagraph (i),
(iii) for the issue and renewal of authorities referred to in subparagraphs (i) and (ii), their duration and form, and for fees to be paid in connection with their issue,
(iv) for the maximum charge to be made for the issue of an inspection report referred to in subparagraph (i) and for different charges to be made for inspection of different classes of vehicles,
(v) (Repealed)
(vi) for the issue by the Authority of rules to be observed by any person referred to in subparagraph (i) or (ii),
(vii) for any person authorised pursuant to subparagraph (ii) to provide a security fee, in a form required by the Authority, for an amount of twenty dollars, or such other amount as may be prescribed, and for any such security fee to be forfeited to the Authority if the Authority is satisfied that the person has failed to comply with any of the rules referred to in subparagraph (vi),
(viii) for the Authority to cancel or suspend any authority referred to in subparagraph (i) or (ii) if the holder has failed to comply with any rule referred to in subparagraph (vi) or if the Authority is for any reason of the opinion that the holder is not a fit and proper person to continue to hold such authority,
(ix) for the Authority to appoint a committee of review to which the Authority may refer for consideration and report to the Authority any case where consideration is being given to the refusal, cancellation or suspension of an authority referred to in subparagraph (i) or (ii), any such committee to include representatives of such organisations associated with trading and servicing of motor vehicles or trailers as the Authority considers appropriate,
(x) for an appeal to a Local Court, and for matters related to any such appeal, against a refusal, cancellation or suspension of any authority referred to in subparagraph (i) or (ii),
(xi) for the issue of an authority referred to in subparagraph (i) or (ii) as a component licence of a master licence under the Business Licences Act 1990,
(g3) provide that vehicles of a prescribed class shall not be sold or offered for sale unless the purchasers or prospective purchasers are supplied in the prescribed manner with specified information or documents relating to whether or not the vehicles are suitable for safe use or comply with the requirements of this Act and the regulations,
(h) prohibit or restrict the use of vehicles upon any specified roads or road related areas or within the roads or road related areas in any specified area, either generally or within certain hours,
(i) provide for the regulation of the owners and drivers of vehicles and of persons in or upon or entering or alighting from vehicles,
(j)–(k1) (Repealed)
(k2) provide for the furnishing to the Authority of notification of the changing or replacement of any engine, engine block or other prescribed part of a motor vehicle or trailer,
(l) (Repealed)
(l1) provide conditionally or unconditionally for the exemption of any person from all or any of the provisions of section 6 or 6B and for the exemption from registration of any motor vehicle or trailer,
(m)–(o) (Repealed)
(o1) regulate pedestrian traffic on roads or road related areas, and make provisions as to the marking of crossing-places for pedestrian traffic and special measures to be taken and precautions to be observed by drivers for the safety of pedestrians,
(o2) prohibit the obstruction of pedestrian traffic on roads or road related areas,
(o3) prohibit or regulate the use of stalls or other means for the sale of goods, or the carrying out of any other business or trade, in a road or road related area,
(o4) provide for the regulation of horses and the riders of horses on roads or road related areas,
(o5) prohibit or restrict the use of horses on specified roads or road related areas or within roads or road related areas in any specified area either generally or within certain hours,
(o6) prohibit or regulate the driving or leading of animals in roads or road related areas,
(p) provide for the erection of uniform signs and notices for the guidance of drivers or otherwise for the purposes of this Act or the regulations,
(p1) make provision for or with respect to:
(i) the methods and conditions to be observed by medical practitioners in taking samples of blood or urine under section 4F or 5AA,
(ii) the storage of samples so taken,
(iii) the delivery or transmission of portions of samples so taken to the persons from whom they are taken, to members of the police force or to analysts,
(iv) the destruction of portions of samples so taken, and
(v) any other matters to which section 4F, 4G, 5AA, 5AB or 5AC relates,
(p2) make provision with respect to approved speed measuring devices, including the testing of such devices,
(q) provide for any other purpose the Governor may consider necessary for the safety of the public and for protection of property,
(q1), (q2) (Repealed)
(q3) regulate or prohibit the manufacture, repair, cleansing or assembling of a vehicle in a road or road related area,
(q4) regulate or prohibit the conveyance of inflammable liquid in or upon a vehicle used for the carriage of passengers for hire or reward,
(q5) provide for the seizure and for the taking charge of, removal or towing away of any vehicle that is a danger or unreasonable obstruction to traffic or has been abandoned in a road or road related area, or has been caused or permitted to stand, wait, stop or to be parked contrary to law in any part of a road or road related area in which is conspicuously displayed a sign exhibiting or including the words “tow away area” or “vehicles impounded” or other words indicating that such a vehicle is subject to seizure; and for the keeping or impounding, at a place appointed or set apart by the Commissioner of Police for the purpose, of any vehicle so removed or towed away; and for the conditions to be observed before the release of any such vehicle, including a condition for payment of such amount as may, from time to time, be fixed by the Commissioner of Police in respect of the seizure, taking charge of, removal, towing away, keeping, impounding or releasing of any such vehicle; and for the disposal or destruction of any such vehicle if the owner fails within the time prescribed to claim the same and to pay such amount.
Such regulations shall prescribe the conditions to be observed before such seizure as aforesaid.
Different amounts may be fixed by the Commissioner of Police as aforesaid in respect of different classes of vehicles or according to different circumstances.
(q6) require the carrying of efficient fire extinguishers upon specified classes of vehicles used for the carriage of passengers for hire or reward,
(q7) (Repealed)
(q8) prescribe the records to be kept by the owner of a vehicle rented to be driven by the hirer or his or her servant or agent and for the inspection of such records by any member of the police force,
(q9) prohibit, restrict, or regulate upon roads or road related areas any person, other than the driver or other persons prescribed, from parking, minding, caring for, or taking charge of any vehicle, or offering his or her services for such purposes,
(q10) make provisions for or with respect to the marking of tyres of vehicles by means of crayon, chalk or any similar substance by members of the police force and special constables in the employ of the Commissioner of Police for any purpose connected with the enforcement of any of the provisions of any Act, regulation or ordinance,
(q11) where a motor vehicle or trailer is or is to be registered otherwise than in the name of one body corporate or one natural person, provide for the designation of a person to be treated as being, for the purposes of section 18A, the owner of the motor vehicle or trailer and for the consent of the designated person to the designation,
(q12) specify classes of persons (being persons appearing from the records kept by the Authority to be owners of motor vehicles or trailers) who shall be treated as being, for the purposes of section 18A, the owners of registered motor vehicles or trailers or motor vehicles or trailers that have been but are not registered,
(q13) provide for the issue of certificates relating to the records that the Authority is required by section 12 (1) to keep,
(r) impose a penalty not exceeding 20 penalty units for a contravention of any regulation or any provision of or condition attached to any licence, exemption or permit granted under the regulations,
(s) require the payment of fees and regulate the payment and the application of those fees,
(t) (Repealed)
(t1) make provision for or with respect to the management and prevention of driver fatigue in connection with the driving of heavy trucks and coaches, including (without limitation) provision for or with respect to the following:
(i) restrictions on the hours for which the driver of a heavy truck or coach may (continuously or otherwise) drive a heavy truck or coach or engage in other activities in connection with the driving or operation of a heavy truck or coach,
(ii) requirements for minimum periods of rest for drivers of heavy trucks or coaches,
(iii) the inclusion of time spent in a specified manner as time spent driving a heavy truck or coach,
(iv) the making, keeping, possession and inspection of records in respect of heavy trucks and coaches and their drivers,
(v) the medical examination of drivers of heavy trucks and coaches,
(vi) fatigue management training,
(vii) the duties of employers of drivers of heavy trucks and coaches and other persons (such as consignors of goods) who make use of or engage in activities involving the use or operation of heavy trucks or coaches,
(viii) the conferral of jurisdiction on the Administrative Decisions Tribunal to review a decision made by the Authority in the exercise of any functions conferred or imposed on the Authority by a regulation under this paragraph,
(ix) powers of entry and inspection for monitoring and enforcing compliance with the requirements of the regulations under this paragraph,
(u) provide for the exemption of any class or description of persons or vehicles from any specified provision or provisions of the regulations in such circumstances, if any, and subject to such conditions, if any, as may be specified in the regulations or in any instrument granting the exemption.
(Repealed)
In subsection (1) (q5), a reference to a vehicle includes a reference to the remains of a vehicle.
(Repealed)
(a) A regulation may be made to apply to the whole or any specified portion of the State or to the whole of the State other than a specified portion, and unless otherwise provided or clearly intended shall apply to the whole of the State.
(b) A regulation with respect to roads or road related areas may be made to apply to all roads or road related areas or to any specified roads or road related areas or to all roads or road related areas other than those specified, or to parts of specified roads or road related areas or to parts of roads or road related areas other than those specified, and at all times or during specified times or at times other than those specified, and unless otherwise provided or clearly intended, shall apply to all roads or road related areas, and to the whole thereof and at all times.
(c) A regulation may authorise any matter or thing to be from time to time determined, applied or regulated by the Authority, the Commissioner of Police or any other person either generally or for any class of cases or for all classes of cases other than that specified or in any particular case.
(d) A regulation may be made to apply either to all vehicles or to any specified class or description of vehicles or to vehicles other than those of a specified class or description, and unless otherwise provided or clearly intended shall apply to all vehicles.
For the purposes of any regulation the expression
class or description of vehicles includes vehicles classified or described according to the direction in which the drivers thereof are travelling or in which the drivers thereof turn or propose to turn the vehicles or the projected destination of the drivers thereof or such other circumstances or matters as the regulation specifies.(e) (Repealed)
A provision of a regulation may:
(a) apply generally or be limited in its application by reference to specified exceptions or factors, or
(b) apply differently according to different factors of a specified kind,
or may do any combination of those things.
Subsection (3) is supplemental to and not in derogation of any other provision of this Act relating to the making of regulations.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
The generality of subsection (5) is not affected by any other provision of this Act relating to the making of regulations.
The regulations may apply, adopt or incorporate any publication, as in force from time to time, relating to the construction, design or equipment of motor vehicles or trailers.
(Repealed)
If the Authority is of the opinion that it would be appropriate for the use of a specified road or road related area or a specified part of a road or road related area to be shared among pedestrian traffic, vehicular traffic and persons riding horses so that no one form of traffic has a right of precedence over another form, the Authority may, by notice published in the Gazette, designate that road or road related area or part of a road or road related area as a shared traffic zone.
The Authority may, from time to time, by notice published in the Gazette, vary or revoke a designation made under subsection (1).
The regulations may make provision for or with respect to:
(a) the use of a shared traffic zone by pedestrian traffic, vehicular traffic and persons riding horses, and
(b) the erection or placement of obstacles and other structures within such a zone, or on its perimeter for the purpose of marking its boundaries, and
(c) the activities that may be carried on within such a zone.
The provisions of this Act and the regulations, in so far as they relate to roads or road related areas and the use of roads or road related areas by pedestrian traffic, vehicular traffic or persons riding horses, apply to a shared traffic zone except to the extent that those provisions are inconsistent with the provisions of regulations made for the purposes of this section.
Any person who drives a motor vehicle upon a road or road related area, negligently, furiously, or recklessly, or at a speed or in a manner which is dangerous to the public, shall be guilty of an offence under this Act.
In considering whether an offence has been committed under this section, the court shall have regard to all the circumstances of the case, including the nature, condition, and use of the road or road related area upon which such offence is alleged to have been committed, and to the amount of traffic which actually is at the time, or which might reasonably be expected to be, upon such road or road related area.
A person convicted of the offence under this section of driving a motor vehicle negligently is liable:
(a) for driving occasioning death:
(i) in the case of a first offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 18 months or to both such penalty and imprisonment, or
(ii) in the case of a second or subsequent offence—to a penalty not exceeding 50 penalty units or to imprisonment for a period not exceeding 2 years or to both such penalty and imprisonment, or
(b) for driving occasioning grievous bodily harm:
(i) in the case of a first offence—to a penalty not exceeding 20 penalty units or to imprisonment for a period not exceeding 9 months or to both such penalty and imprisonment, or
(ii) in the case of a second or subsequent offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 12 months or to both such penalty and imprisonment, or
(c) for driving not occasioning death or grievous bodily harm—to a penalty not exceeding 10 penalty units.
A person convicted of the offence under this section of driving a motor vehicle furiously or recklessly, or at a speed or in a manner which is dangerous to the public, is liable:
(a) in the case of a first offence—to a penalty not exceeding 20 penalty units or to imprisonment for a period not exceeding 9 months or to both such penalty and imprisonment, or
(b) in the case of a second or subsequent offence—to a penalty not exceeding 30 penalty units or to imprisonment for a period not exceeding 12 months or to both such penalty and imprisonment.
For the purposes of subsection (3) or (3A), where a person is guilty of an offence under this section, that offence:
(a) is a second or subsequent offence as referred to in that subsection if and only if, within the period of 5 years immediately before being convicted of that offence, the person was convicted of a major offence, and
(b) otherwise shall be treated as a first offence.
In this section,
A person is guilty of an offence against this Act if:
(a) the person drives a motor vehicle on a road or road related area in a manner that menaces another person, and
(b) the person intended to menace that other person.
Maximum penalty:
• for a first offence—30 penalty units or imprisonment for 18 months, or both, and
• for a second or subsequent offence—50 penalty units or imprisonment for 2 years, or both.
A person is guilty of an offence against this Act if:
(a) the person drives a motor vehicle on a road or road related area in a manner that menaces another person, and
(b) the person ought to have known that the other person might be menaced.
Maximum penalty:
• for a first offence—20 penalty units or imprisonment for 12 months, or both, and
• for a second or subsequent offence—30 penalty units or imprisonment for 18 months, or both.
This section applies:
(a) whether the other person is menaced by a threat of personal injury or by a threat of damage to property, and
(b) whether or not that person or that property is on a road or road related area.
A person is not guilty of an offence under this section if the person could not, in the circumstances, reasonably avoid menacing the other person.
A person is not liable to be convicted of:
(a) both an offence under subsection (1) and an offence under subsection (2), or
(b) both an offence under this section and an offence under section 4,
arising out of a single incident.
An offence under this section is a second or subsequent offence for the purposes of this section if:
(a) it is the second or subsequent occasion on which the person is convicted of that same offence, or
(b) within the period of 5 years immediately before the person is convicted of the offence, the person was convicted of a major offence.
Any person who upon any length of road or road related area drives a motor vehicle at a speed in excess of the speed limit applicable to that length of road or road related area shall be guilty of an offence under this Act and liable to a penalty not exceeding 20 penalty units.
A person who on any length of road or road related area drives a motor vehicle at a speed which exceeds, by more than 45 kilometres per hour, the speed limit applicable to that length of road or road related area is guilty of an offence under this Act and liable to a penalty not exceeding 30 penalty units in the case of a heavy motor vehicle or coach, or 20 penalty units in any other case, and, in addition:
(a) the person is disqualified by a conviction for the offence (and without any specific order) for 3 months from holding a driver licence, or
(b) where the court on the conviction thinks fit to order a longer period of disqualification, the person is disqualified for the period specified in the order.
A person who on any length of road or road related area drives a motor vehicle at a speed which exceeds, by more than 30 kilometres per hour but not more than 45 kilometres per hour, the speed limit applicable to that length of road or road related area is guilty of an offence under this Act and liable to a penalty not exceeding 20 penalty units and, in addition:
(a) the person is disqualified by a conviction for the offence (and without any specific order) for 1 month from holding a driver licence, or
(b) where the court on the conviction thinks fit to order a longer period of disqualification, the person is disqualified for the period specified in the order.
For the purposes of this section, the speed limit:
(a) is 60 kilometres per hour for a length of road or road related area (not being within a shared traffic zone) for which provision is made for it to be lit by road or road related area lighting and to which no direction given under subsection (3) applies,
(b) is 100 kilometres per hour for a length of road or road related area (not being within a shared traffic zone) for which no provision is made for it to be lit by road or road related area lighting and to which no direction given under subsection (3) applies,
(c) is 10 kilometres per hour for a length of road or road related area that is within a shared traffic zone, and
(d) where the length of road or road related area is the subject of a direction given under subsection (3)—is the speed specified in the direction.
If, on a prosecution of a person for an offence under subsection (1A), the court is satisfied that the person exceeded the relevant speed limit, but is not satisfied that it was exceeded by more than 45 kilometres per hour, the court may convict the person of an offence under subsection (1), or under subsection (1B) if satisfied that it was exceeded by more than 30 kilometres per hour.
If, on a prosecution of a person for an offence under subsection (1B), the court is satisfied that the person exceeded the relevant speed limit, but is not satisfied that it was exceeded by more than 30 kilometres per hour, the court may convict the person of an offence under subsection (1).
The Authority may, at any time, with respect to any length of road or road related area (not being within a shared traffic zone), give a direction fixing the speed limit applicable to that length of road or road related area.
The Authority may, at any time, revoke or vary any direction given under subsection (3).
A reference in this Act, or any other instrument, to a direction given by the Authority under subsection (3) includes, where the direction has been varied by the Authority under subsection (3A), the direction as so varied.
The regulations:
(a) shall provide for the display and form of signs to indicate, with respect to a length of road or road related area, the speed limit applicable to that length of road or road related area by virtue of a direction under subsection (3),
(b) may provide for the display of any other signs necessary or convenient for carrying this section into effect, and
(c) may prescribe any matter necessary or convenient to be prescribed in relation to any such signs.
In any proceedings in any court, evidence that a sign is, with respect to a length of road or road related area, displayed in accordance with the regulations made for the purposes of subsection (4) shall be prima facie evidence that the speed limit indicated by the sign applies to that length of road or road related area.
In any proceedings in any court, evidence that a sign indicating the existence of a shared traffic zone is, with respect to a length of road or road related area that is within the zone, displayed in accordance with regulations made for the purposes of section 4D shall be prima facie evidence that the speed limit applicable to shared traffic zones applies to that length of road or road related area.
A person who drives a motor vehicle on a road or road related area at a speed that exceeds, by more than 45 kilometres per hour, a speed fixed by the regulations as the maximum speed:
(a) at which motor vehicles of a class that includes that motor vehicle may be driven, or
(b) at which any motor vehicle, or any motor vehicle of a class that includes that motor vehicle, may be driven by drivers of a class that includes that person,
is guilty of an offence under this Act and liable to the same penalties, and to be dealt with in the same manner, as for an offence under subsection (1A). This subsection applies only where the maximum speed fixed by the regulations is below the speed limit applicable to the length of road or road related area on which the vehicle is being driven.
A person who drives a motor vehicle on a road or road related area at a speed that exceeds, by more than 30 kilometres per hour but not more than 45 kilometres per hour, a speed fixed by the regulations as the maximum speed:
(a) at which motor vehicles of a class that includes that motor vehicle may be driven, or
(b) at which any motor vehicle, or any motor vehicle of a class that includes that motor vehicle, may be driven by drivers of a class that includes that person,
is guilty of an offence under this Act and liable to the same penalties, and to be dealt with in the same manner, as for an offence under subsection (1B). This subsection applies only where the maximum speed limit fixed by the regulations is below the speed limit applicable to the length of road or road related area on which the vehicle is being driven.
If, on a prosecution of a person for an offence under subsection (5B), the court is satisfied that the person exceeded the relevant maximum speed fixed by the regulations, but is not satisfied that it was exceeded by more than 45 kilometres per hour, the court may convict the person of an offence under subsection (5BA) if satisfied that it was exceeded by more than 30 kilometres per hour or may, to the extent that exceeding the speed so fixed constitutes an offence under the regulations, convict the person of that offence instead.
If, on a prosecution of a person for an offence under subsection (5BA), the court is satisfied that the person exceeded the relevant maximum speed limit fixed by the regulations, but is not satisfied that it was exceeded by more than 30 kilometres per hour, the court may, to the extent that exceeding the speed limit so fixed constitutes an offence against the regulations, convict the person of that offence instead.
Nothing in this section shall be construed to justify the driving of any motor vehicle upon a road or road related area at a speed which:
(a) having regard to all the circumstances of the case, is dangerous to the public, whether or not such speed is less than the limit fixed by this section, or
(b) exceeds any maximum speed applicable to such vehicle and fixed by or under any Act, regulation or ordinance.
The provisions of this section shall not apply to the driver of:
(a) any motor vehicle whilst conveying a member of the police force on urgent duty,
(b) any fire engine, reel or other similar vehicle whilst proceeding to a fire,
(c) any ambulance vehicle whilst proceeding to the scene of an accident or to a hospital with an injured person, or
(d) any vehicle referred to in paragraph (a), (b) or (c) whilst proceeding to any place to deal with an emergency,
if the observance of those provisions would be likely to hinder the use of the vehicle for any purpose aforesaid: Provided that such driver shall give the best practicable warning so as to enable way to be made for such vehicle.
The provisions of this section shall not apply to the driver of a motor vehicle which is taking part in a race, an attempt to break a motor vehicle speed record, a trial of speed or any competitive trial as referred to in section 4B (1) (a) in accordance with an approval given and any conditions imposed by the Commissioner of Police pursuant to section 4B.
In this section:
(Repealed)
In proceedings for any offence in which evidence is given of a measurement of speed obtained by the use of an approved speed measuring device, a certificate purporting to be signed by a member of the police force certifying that:
(a) the device is an approved speed measuring device within the meaning of the Act,
(b) on a day specified in the certificate (being within the prescribed time before the alleged time of the offence) the device was tested in accordance with the regulations and sealed by a member of the police force, and
(c) on that day the device was accurate and operating properly,
is admissible and shall be prima facie evidence of the particulars certified in and by the certificate.
If a certificate which is so admissible is tendered in proceedings for an offence, evidence of the accuracy or reliability of the approved speed measuring device shall not be required in those proceedings unless evidence that the device was not accurate or not reliable has been adduced.
The Minister is not to recommend the making of an order by the Governor for the purposes of the definition of
A device which, immediately before the commencement of Schedule 1 (1) to the Traffic (Photographic Evidence) Amendment Act 1990, was an approved radar speed measuring device is to be taken to be an approved speed measuring device for the purposes of this Act.
In proceedings for an offence of driving at a speed in excess of a speed limit imposed by or under this Act or the regulations, evidence may be given of a measurement of speed obtained by the use of an approved speed measuring device and recorded by an approved camera recording device.
In proceedings where such evidence is given:
(a) the provisions of section 4AB relating to the accuracy or reliability of the speed measuring device apply, and
(b) subsections (3) and (4) apply in relation to the approved camera recording device.
A photograph tendered in evidence as a photograph taken by an approved camera recording device on a specified day at a specified location:
(a) is to be accepted as having been so taken, unless evidence is adduced to the contrary, and
(b) is prima facie evidence of the matters shown or recorded on the photograph.
When the photograph is tendered in evidence, a certificate purporting to be signed by a member of the police force and certifying the following particulars is also to be tendered in evidence and is prima facie evidence of those particulars:
(a) that the member is authorised by the Commissioner of Police to install and inspect approved camera recording devices,
(b) that within 84 hours before the time and day recorded on the photograph as the time at which and the day on which the photograph was taken, the member carried out the inspection specified in the certificate on the approved camera recording device that took the photograph,
(c) that on that inspection the approved camera recording device was found to be operating correctly.
A person must not sell or offer for sale, or purchase, a prohibited speed measuring evasion article.
Maximum penalty: 20 penalty units.
A person must not drive a motor vehicle, or cause a motor vehicle or trailer to stand, on a road or road related area if a prohibited speed measuring evasion article is fitted or applied to, or carried in, the vehicle.
Maximum penalty: 20 penalty units.
The owner of a motor vehicle or trailer which is driven or stands on a road or road related area in contravention of subsection (2) is guilty of an offence.
Maximum penalty: 20 penalty units.
It is a defence to a prosecution for an offence under this section if the defendant satisfies the court that the article concerned was not designed as a prohibited speed measuring evasion article but was designed for another purpose.
It is a defence to a prosecution for an offence under subsection (2) or (3) if the defendant satisfies the court that, at the time of the alleged offence:
(a) the vehicle was in the course of a journey to a place appointed by a member of the police force, an officer of the Authority or a court, in order to surrender the article, or
(b) the vehicle was the subject of a notice, issued in accordance with the regulations, requiring the owner of the vehicle to remove the article from the vehicle within a specified time and that time had not expired, or
(c) the defendant did not know, and in the circumstances could not reasonably be expected to have known, that the article concerned was fitted or applied to, or was being carried in, the vehicle.
A police officer who reasonably believes that:
(a) a prohibited speed measuring evasion article is being sold or offered for sale in contravention of section 4AD (1), or
(b) a motor vehicle or trailer is standing or being driven in contravention of section 4AD (2) because of an article fitted or applied to, or carried in, the vehicle,
may require a person in possession of the article to surrender it immediately to the police officer or, in the case of an article fitted or applied to a motor vehicle or trailer and not immediately removable, may by notice in writing served on the owner of the vehicle require the owner to surrender the article within a specified time and in a specified manner to the Commissioner of Police.
An officer of the Authority who is authorised in writing by the Authority for the purposes of this section and who finds a prohibited speed measuring evasion article fitted or applied to, or carried in, a motor vehicle or trailer may, by notice in writing served on the owner of the vehicle, require the owner to do either or both of the following:
(a) remove the article (if it is fitted to the vehicle),
(b) surrender the article within a specified time and in a specified manner to the Commissioner of Police.
A person must comply with a requirement under subsection (1) or (2), whether or not he or she is the owner of the article concerned.
Maximum penalty: 20 penalty units.
A court which finds an offence under section 4AD or under subsection (3) to have been proven against any person may order that the article concerned, if not already surrendered pursuant to a requirement under this section, be delivered to the Commissioner of Police within a time and in a manner specified by the court.
An article surrendered as required under this section is thereby forfeited to the Crown and may be destroyed or otherwise disposed of at the direction of the Commissioner of Police.
No liability attaches to any person on account of the surrender by the person, in pursuance of a requirement under this section, of a prohibited speed measuring evasion article of which that person is not the absolute owner.
(a) Any person who organises or promotes or takes part in:
(i) any race between vehicles upon a road or road related area, or
(ii) any attempt to break any vehicle speed record upon a road or road related area, or
(iii) any trial of the speed of a vehicle upon a road or road related area, or
(iv) any competitive trial designed to test the skill of any vehicle driver or the reliability or mechanical condition of any vehicle upon a road or road related area,
shall be guilty of an offence under this Act, unless the approval in writing of the Commissioner of Police to the holding or making of the race, attempt or trial has been obtained.
(b) The Commissioner of Police shall have power to grant or refuse such approval.
(c) The Commissioner of Police may in any such approval impose any conditions he or she deems necessary in the interests of public safety and convenience.
Any such approval or conditions may be of general or limited application.
(d) Where any person taking part in any such race, attempt or trial fails to observe or comply with any condition imposed as aforesaid, such person and the organiser or promoter of such race, attempt or trial shall be guilty of an offence under this Act.
(e) This subsection shall not apply to any test of the slow running of a vehicle.
Where a person is convicted by a court of an offence under subsection (1) in relation to a motor vehicle or trailer:
(a) except as provided by paragraph (b), the person is disqualified by the conviction and without any specific order for 12 months, or
(b) if the court at the time of the conviction thinks fit to order a shorter or a longer period of disqualification—the person is disqualified for the period specified in the order,
from holding a driver licence.
Any disqualification under this section is in addition to any penalty imposed for the offence.
There shall be an appeal to a Local Court constituted by a Magistrate whose decision shall be final against:
(a) the refusal to grant any approval under subsection (1),
(b) any condition imposed upon the grant of any approval under such subsection.
The regulations may prescribe the manner of appeal and the Court to which it is to be brought.
A person who, on a road or road related area, operates a motor vehicle in such a manner as to cause the vehicle to undergo sustained loss of traction by one or more of the driving wheels (or, in the case of a motor cycle, the driving wheel) of the vehicle is guilty of an offence.
Maximum penalty: 5 penalty units.
A person who operates a motor vehicle contrary to subsection (1) knowing that any petrol, oil, diesel fuel or other inflammable liquid has been placed on the surface of the road or road related area beneath one or more tyres of the vehicle is guilty of an offence.
Maximum penalty: 7 penalty units.
In any proceedings for an offence under subsection (1) or (2), it is a defence if the person charged satisfies the court that the vehicle, although operated as referred to in subsection (1), was not so operated deliberately.
A person who, on a road or road related area, engages in conduct prescribed by regulations made for the purposes of this section, being conduct associated with the operation of a motor vehicle for speed competitions or other activities specified or described in the regulations, is guilty of an offence.
Maximum penalty: 5 penalty units.
Nothing in this section applies to the operation of a motor vehicle for the purposes of a race, attempt or trial undertaken in accordance with an approval given under section 4B by the Commissioner of Police.
The provisions of section 4BA continue in operation by a resolution passed by the Legislative Assembly on 17.6.1997 and the Legislative Council on 18.6.1997 in pursuance of section 4 of the Traffic Amendment (Street and Illegal Drag Racing) Act 1996.
A police officer who reasonably believes that a motor vehicle:
(a) is being or has (on that day or during the past 10 days) been operated on a road or road related area so as to commit an offence under section 4B or 4BA, or
(b) is the subject of a period of impounding, or the subject of forfeiture, under section 4BC,
may seize and take charge of the motor vehicle and cause it to be removed to a place determined by the Commissioner of Police.
A motor vehicle may be seized under subsection (1) from:
(a) a public place, or
(b) any other place, with the consent of the owner or occupier of the place or under the authority of a search warrant issued under section 4BD.
For the purpose of exercising the powers conferred by subsection (1), a police officer may cause any locking device or other feature of the motor vehicle concerned that is impeding the exercise of those powers to be removed, dismantled or neutralised and may, if the driver or any other person will not surrender the keys to the vehicle, start the vehicle by other means.
Any motor vehicle removed to a place in accordance with subsection (1) may, subject to the regulations, be impounded at that place or may be moved to and impounded at any other place determined by the Commissioner of Police.
A motor vehicle that may be removed under subsection (1) or (3):
(a) may be moved by its being driven, whether or not under power, or by its being towed or pushed, or in any other manner whatever, and
(b) may be moved by one or more police officers or, at the direction of a police officer, by persons engaged by the Commissioner of Police, and may be impounded at premises under the control of the Commissioner or of another authority or person.
Schedule 2 has effect with respect to a motor vehicle impounded under this section.
The regulations may make provision for or with respect to requiring the owner or driver of a motor vehicle to pay a fee in relation to the towing of the vehicle under this section. The whole or any part of the fee that is unpaid may be recovered from the owner or driver of the motor vehicle by the Commissioner of Police as a debt due to the Crown in any court of competent jurisdiction. A certificate in writing given by a police officer as to the fact and cost of towing is evidence of those matters.
In this section:
The provisions of section 4BB continue in operation by a resolution passed by the Legislative Assembly on 17.6.1997 and the Legislative Council on 18.6.1997 in pursuance of section 4 of the Traffic Amendment (Street and Illegal Drag Racing) Act 1996.
A motor vehicle used in connection with an offence under section 4B or 4BA, being in either case the first offence by the offender under the provision concerned, that is found to be proven before any court is by the finding liable to be impounded for a period of 3 months, unless the court by order otherwise directs under subsection (3).
A motor vehicle used in connection with an offence under section 4B or 4BA, being in either case a second or subsequent offence by the offender under the provision concerned, that is found to be proven before any court is by the finding liable to be forfeited to the Crown, unless the court by order otherwise directs under subsection (3).
The court before which an offence under section 4B or 4BA is found to be proven may, for reasons of the avoidance of any undue hardship to any person or other injustice perceived by the court, by its order direct that a period of impounding imposed by this section be reduced or dispensed with, or that a forfeiture imposed by this section be commuted to a period of impounding.
The period for which a vehicle was impounded under section 4BB is to be reckoned as counting towards a period of impounding imposed by or under this section.
(Repealed)
Any impounding or forfeiture under this section is in addition to any other penalty that may be imposed for the offence concerned, but for the purposes of any rights of appeal against a penalty so imposed by the court finding the offence to be proven, the impounding or forfeiture is taken to be, or to be part of, that penalty.
For the purposes of this section, payment of the amount specified:
(a) in a penalty notice prescribed under section 18B and issued in respect of an offence under section 4BA, or
(b) in any process issued subsequent to such a penalty notice,
as the amount that is payable in order to dispose of the alleged offence without having it dealt with by a court, has the same effect as a finding by a court that the offence was proven.
Schedule 2 has effect with respect to a motor vehicle impounded or forfeited under this section.
Subsections (1) and (2) do not apply to or in respect of an offence committed before the commencement of this section.
The provisions of section 4BC continue in operation by a resolution passed by the Legislative Assembly on 17.6.1997 and the Legislative Council on 18.6.1997 in pursuance of section 4 of the Traffic Amendment (Street and Illegal Drag Racing) Act 1996.
A police officer may apply to an authorised justice for a search warrant if the police officer has reasonable grounds for believing that there is or, within 72 hours, will be on any premises a motor vehicle that has been operated as referred to in section 4BB.
An authorised justice to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising a police officer named in the warrant:
(a) to enter the premises, and
(b) to search the premises for such a motor vehicle, and
(c) to seize such a motor vehicle, and otherwise deal with it, in accordance with section 4BB.
Part 3 of the Search Warrants Act 1985 applies to a search warrant issued under this section.
In this section,
The Authority may:
(a) from time to time give authorities for schemes, designed to assist children to cross roads or road related areas with safety, to be conducted by persons who are desirous of taking part in such schemes and are referred to in such authorities,
(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 powers, authorities, duties and functions specified in such authorities,
(c) at any time revoke any such authority.
Each such scheme so authorised shall come into force upon the date specified in the scheme.
Any such scheme in force under this section may from time to time be amended or replaced by a subsequent scheme authorised in like manner.
The regulations may prescribe all matters necessary or convenient to be prescribed for the purpose of carrying out any scheme under this section. In particular, and without prejudice to the generality of the foregoing power, the regulations may for the purpose of carrying out any such scheme:
(a) provide for “Stop” signs and the exhibition thereof,
(b) provide for the placing of barriers across or partly across a road or road related area near a marked footcrossing or children’s footcrossing whilst a “Stop” sign is being exhibited,
(c) prescribe conditions relating to the wearing or display of an insignia, badge, belt or other article of uniform by any persons taking part in the scheme.
Whilst a “Stop” sign is exhibited, as prescribed, at or near a marked footcrossing or children’s footcrossing and children are about to use, or are upon any portion of, the footcrossing, the driver or rider of a vehicle or horse facing such sign shall stop such vehicle or horse and cause it to remain stationary until all such children have completed the passage of the footcrossing. If the driver or rider fails to do so, he or she is guilty of an offence under this Act.
In any proceedings in any court evidence that a “Stop” sign was exhibited, as prescribed, by a person at or near a marked footcrossing or children’s footcrossing when children were about to use, or were upon, any portion of such footcrossing, shall be prima facie evidence that the exhibition of such sign by such person was authorised under this Act and the regulations.
In this section
The Authority may, by notice in writing, give such a direction as, in its opinion, is necessary or desirable for the control of pedestrians or the drivers or riders of vehicles or horses on a specified road or road related area or specified roads or road related areas.
A direction given under subsection (2) may be limited as to time, place or subject-matter.
The Authority may from time to time, by notice in writing, vary or revoke a direction given under subsection (2).
A direction given under subsection (2) has effect only:
(a) while there is erected or displayed on or near, or marked on, the road or road related area to which the direction relates a traffic control sign that is notice of the direction, or
(b) where the direction relates to a network of 2 or more roads or road related areas within a defined area—while there is erected or displayed on or near, or marked on, each of the roads or road related areas that provides access to that area a traffic control sign that is notice of the direction.
The fact that a direction given under subsection (2) relates to a network of roads or road related areas within a defined area does not preclude the erection or display of traffic control signs in accordance with subsection (3) (a).
The direction appearing upon, or prescribed as given by, a traffic control sign that is erected or displayed upon or near, or marked upon, a road or road related area with the authority of the Authority shall, whether the traffic control sign was so erected, displayed or marked before or after the commencement of section 3 of the Motor Traffic, Metropolitan Traffic and Transport (Amendment) Act 1968, be deemed to be a direction, for the time being in force, given pursuant to subsection (2) in relation to that road or road related area and the traffic control sign shall, for the purposes of subsection (3), be deemed to be notice of that direction.
Regulations may be made for and with respect to:
(a) the control of pedestrians or the drivers or riders of vehicles or horses upon roads or road related areas by means of traffic control signs,
(b) prescribing the form or description of traffic control signs,
(c) the interpretation of words, figures, symbols or abbreviations appearing on a traffic control sign,
(d) the direction represented by a sign or device comprising, or partly comprising, a traffic control sign,
(e) the observance of a direction appearing on, or prescribed as being represented by, a traffic control sign.
Any person who:
(a) without the authority of the Authority:
(i) erects or displays upon or near, or marks upon, a road or road related area any traffic control sign, or
(ii) interferes with, alters or removes any traffic control sign erected or displayed upon or near, or marked upon, a road or road related area, or
(b) erects or displays upon or near, or marks upon, a road or road related area any standard, sign, notice or device that might reasonably be mistaken to be a traffic control sign,
shall be guilty of an offence under this Act.
The Commissioner of Police or any member of the police force authorised by the Commissioner in that behalf may direct any person who contravenes subsection (6) to remove, within a time specified by the Commissioner when giving the direction, the standard, sign, notice or device in respect of which the contravention took place and any such person who fails to comply with such a direction within the time so specified shall be guilty of an offence under this Act.
Without affecting any liability of any person under subsection (6) or (7), the Commissioner of Police may remove, or cause to be removed, a standard, sign, notice or device erected, displayed or marked in contravention of subsection (6).
The allegation, in an information in respect of an offence under this Act or a breach of a regulation, that a standard, sign, notice or device was erected, displayed or marked with the authority of the Authority or that a standard, sign, notice or device was erected, displayed, marked, interfered with, altered or removed without the authority of the Authority, shall be accepted by the court as evidence of the truth of the allegation, unless the contrary is proved.
The provisions of this section shall be supplemental to, and not in derogation from, any other provision of this Act.
In this section:
In proceedings for a traffic light offence:
(a) a photograph tendered in evidence as a photograph taken by means of the operation, on a specified day, of an approved camera detection device installed at a specified location shall be deemed to have been so taken unless evidence is adduced to the contrary,
(b) a photograph deemed to have been so taken shall be prima facie evidence of the matters shown or recorded on the photograph, and
(c) evidence of the condition of the approved camera detection device shall not be required unless evidence that the device was not in proper condition has been adduced.
If a photograph referred to in subsection (2) is tendered in evidence in proceedings for a traffic light offence, a certificate purporting to be signed by a member of the police force certifying that:
(a) the member is authorised by the Commissioner of Police to install and inspect approved camera detection devices,
(b) on a day and at a time specified in the certificate (being within 84 hours before the time recorded on the photograph as the time at which the photograph was taken), the member carried out the inspection specified in the certificate on the approved camera detection device by means of which the photograph was taken, and
(c) upon that inspection, the approved camera detection device was found to be properly operating,
shall be tendered in evidence in those proceedings and shall be prima facie evidence of the particulars certified in and by the certificate.
In this section:
A person who is the holder of a provisional licence issued under the Road Transport (Driver Licensing) Act 1998 shall, for the purposes of this section, be deemed to be the holder of a first-year provisional licence unless the person satisfies the court to the contrary.
For the purposes of this section, a person is a
(a) if the person:
(i) is the holder of a learner licence, or
(ii) is the holder of a first-year provisional licence,
for motor vehicles of a class that includes that motor vehicle, or
(b) if the person is not the holder of a licence which authorises the person to drive that motor vehicle because:
(i) the person’s driver licence is suspended or has been cancelled, or
(ii) the person has been disqualified from holding or obtaining a driver licence, or
(iii) the person’s application for a driver licence has been refused, or
(iv) the person (never having had authority to drive the vehicle in New South Wales by virtue of being the holder of a licence or permit issued in a place outside New South Wales) has never obtained a driver licence, or
(c) if the person has no authority to drive that motor vehicle in New South Wales because:
(i) the person is not the holder of a driver licence, and
(ii) an authority which the person had to drive the vehicle in New South Wales by virtue of being the holder of a licence or permit issued in a place outside New South Wales is suspended or has been cancelled, or
(d) if the person is under 25 years of age, unless the person has held a driver licence (apart from a learner licence) to drive a motor vehicle for a period of 3 years or more, or
(e) if that motor vehicle is being driven for hire or reward, or in the course of any trade or business, as a public passenger vehicle within the meaning of the Passenger Transport Act 1990, or
(f) if that motor vehicle is a coach or heavy motor vehicle, or
(g) if that motor vehicle or trailer:
(i) because it carries dangerous goods within the meaning of the Dangerous Goods Act 1975, is required by regulations under that Act, or under any code prescribed for the purposes of this paragraph by regulations under this Act, to have a sign exhibited on it, or
(ii) carries any radioactive substance within the meaning of the Radiation Control Act 1990.
An authorised officer may cause an unattended motor vehicle or trailer unlawfully standing on a clearway, transit lane or other prescribed place to be removed in accordance with this section if, in the opinion of the officer, the vehicle is causing, or unless removed is likely to cause, danger to the public or undue traffic congestion.
An authorised officer may cause an unattended motor vehicle or trailer unlawfully standing on any place to be removed in accordance with this section if, in the opinion of the officer, it is obstructing the passage of a light rail vehicle.
A motor vehicle or trailer is removed in accordance with this section if:
(a) it is removed to a nearby place at which, in the opinion of the authorised officer concerned, the vehicle may lawfully stand without being likely to cause danger to the public or undue traffic congestion, or an obstruction to the passage of a light rail vehicle, and
(b) as soon as practicable after removal, the Authority or the authorised officer concerned reports the removal and the location of the motor vehicle or trailer to the police officer in charge of a police station in the vicinity with a request that the owner or other person entitled to possession of the motor vehicle or trailer be notified of the place to which it has been removed.
If a motor cycle is moved to the footpath adjacent to the clearway, transit lane or other place where it was standing it is not necessary that the owner or other person entitled to possession of the motor cycle be notified of the place to which it has been removed.
If a motor vehicle or trailer:
(a) is removed in accordance with this section, or
(b) is attached to a tow truck for the purpose of being removed pursuant to this section,
the Authority may require the owner of the vehicle or the person who left it unattended to pay to the Authority the prescribed tow-away charge within a time specified by the Authority.
The owner of a vehicle is not required to pay the prescribed tow-away charge if the owner:
(a) satisfies the Authority that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or
(b) supplies by statutory declaration to the Authority the name and address of the person (not being the owner) who was in charge of the vehicle at all relevant times, or
(c) satisfies the Authority that he or she did not know and could not with reasonable diligence have ascertained such name and address.
A person who fails to pay the prescribed tow-away charge within the time specified by the Authority is guilty of an offence.
Maximum penalty: 2 penalty units.
A statutory declaration under subsection (5) (b), if produced in any proceedings against the person named in the declaration and in respect of the offence of failure to pay the prescribed tow-away charge, is prima facie evidence that the person left the vehicle unattended on the clearway, transit lane or other place.
In this section
(a) an employee in the service of the Authority authorised by the Authority to exercise the powers conferred by this section, or
(b) a police officer, or
(b1) a person, or a person of a class, who is authorised by the Director-General of the Department of Transport to exercise the functions of an authorised officer under this section, but only in respect of the removal of unattended vehicles obstructing the passage of light rail vehicles, or
(c) a person of a class prescribed by the regulations who is authorised by the Authority to exercise the functions of an authorised officer under this section.
If a police officer is of the opinion that a person who is driving (or about to drive) a motor vehicle is under the influence of alcohol or any other drug, the police officer may:
(a) prohibit the person from driving the vehicle while the person is under the influence of alcohol or that other drug, and
(b) require the person to immediately hand over all ignition or other keys of the motor vehicle in the person’s actual possession:
(i) to the police officer, or
(ii) to another person in the company of the person who is driving or about to drive the motor vehicle, being another person whom the police officer is satisfied is responsible and capable of exercising proper control of the motor vehicle, and
(c) take such other steps as, in the opinion of the police officer, are necessary in order to:
(i) immobilise the motor vehicle, or
(ii) remove the motor vehicle to a place of safety and detain it at that place.
If the police officer is of the opinion that the person concerned is under the influence of alcohol, the person is entitled to request that the person undergo a breath test in order to determine whether or not the person is under the influence of alcohol. If such a request is made, the police officer may not take any action under subsection (1) until the person undergoes the breath test.
Subsection (1) does not authorise the confiscation of any keys, or the immobilisation, removal or detention of any motor vehicle, for any period that is longer than necessary in the circumstances and in the interest of the person driving (or about to drive) or of any other person or of the public.
It is lawful for a police officer to retain any keys that are confiscated under subsection (1), or for any motor vehicle to be immobilised or detained under that subsection, until such time as:
(a) the return of the keys or the motor vehicle is requested by a person, and
(b) the police officer to whom the request is made:
(i) is satisfied that the person making the request is capable of exercising proper control of the motor vehicle, or
(ii) is informed by a registered medical practitioner (not being the person making the request) that the person making the request is not under the influence of alcohol or any other drug.
However, the person making the request is entitled to possession of the keys or motor vehicle concerned only if the police officer is satisfied that the person is entitled to lawful possession of the motor vehicle.
If the keys or the motor vehicle are not returned within 24 hours after such a request is made, the person may apply to a Local Court for an order for the keys or motor vehicle to be returned to the person.
A person who:
(a) contravenes any prohibition or requirement made by a police officer under subsection (1), or
(b) in any manner attempts to obstruct a police officer in the exercise of any power conferred on the police officer under subsection (1),
is guilty of an offence and liable to a penalty not exceeding 10 penalty units.
A court may only find a person guilty of an offence under subsection (6) if the court is satisfied that the police officer had reasonable grounds for believing that, in the circumstances, the action taken by the police officer was necessary in the interest of the person or of any other person or of the public.
The Commissioner of Police has (in the Commissioner’s official capacity) a duty to take all reasonable steps to secure a motor vehicle that is detained under subsection (1).
Any expenses incurred in connection with the immobilisation, removal or detention of a motor vehicle under subsection (1) may be recovered from the person who was driving (or about to drive) the vehicle, or from the owner of the vehicle, as a debt in a court of competent jurisdiction.
Schedule 1 has effect.
(Section 27)
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:
• Traffic (Parking Regulation) Amendment Act 1993
• Traffic (Parking) Amendment Act 1994
• Traffic Legislation Amendment Act 1997, but only in relation to the amendments made to this Act or regulations made under this Act
• Roads and Traffic Legislation Amendment (Load Restraint) Act 1998
• Road Transport (Driver Licensing) Act 1998
A provision referred to in subclause (1) may, if the regulations so provide, take effect on and from the date of assent to the Act concerned or a later day.
To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of any thing done or omitted to be done before the date of its publication.
(Repealed)
In this Part:
Any metered space provided, or any parking meter installed, under Division 13A of Part 9 of the Local Government Act 1919 immediately before the repeal of that Division is taken to be a metered space provided, or a parking meter installed, under Part 3B of this Act.
Any resolution made by a council under section 270H of the Local Government Act 1919 providing for the fixing of fees or charges and in force immediately before the repeal of that section, is taken to be a resolution made by the council providing for the fixing of fees under section 10R of this Act, as inserted by the amending Act.
Ordinance No 34A under the Local Government Act 1919 is taken to be a regulation under this Act, as amended by the amending Act, and may be amended and repealed accordingly.
A reference in that ordinance to a provision of the Local Government Act 1919 is taken to extend to the corresponding provision (if any) of this Act.
Anything done under section 63 of the State Roads Act 1986 or section 267A of the Local Government Act 1919 is, after the repeal of those sections, taken to have been done under section 25 of this Act, as inserted by the amending Act.
Anything done under section 65 of the State Roads Act 1986 is, after the repeal of that section, taken to have been done under section 26 of this Act, as inserted by the amending Act.
However, a failure to pay a charge is not an offence under section 26 if the charge was incurred before that repeal.
In this clause,
An amendment made by Schedule 1 to the amending Act does not apply in respect of an accident involving a motor vehicle that occurs before the amendment commences.
An amendment made by Schedule 2 to the amending Act does not apply in respect of a person accompanying the driver of a motor vehicle before the amendment commences.
References in this Act to section 4E (1D) are taken to be references to that subsection as in force before or after its repeal and re-enactment by the amending Act.
In this Part:
Any act, matter or thing:
(a) that, immediately before the commencement of Schedule 1 [1] to the amending Act, had effect under this Act in relation to a public street is taken to have effect under this Act in relation to a road or road related area, or
(b) that, immediately before the commencement of Schedule 1 [1] to the amending Act, was done or omitted to be done on or in relation to a public street is taken to have been done or omitted to be done on or in relation to a road or road related area.
Without limiting the generality of subclause (1), the following matters are taken to have effect under this Act in relation to a road or road related area:
(a) any traffic control sign within the meaning of section 4D of this Act as in force immediately before the commencement of Schedule 1 [1] to the amending Act that was in effect under this Act in relation to a public street immediately before that commencement,
(b) any speed limit that was applicable to a length of public street under this Act immediately before the commencement of Schedule 1 [1] to the amending Act,
(c) any shared traffic zone or other traffic or parking arrangement that was in effect under this Act in relation to any public street immediately before commencement of Schedule 1 [1] to the amending Act.
Any act, matter or thing:
(a) that, immediately before the commencement of Schedule 2 [3] to the amending Act, had effect under this Act in relation to a road, motor vehicle, trailer or vehicle (as defined by this Act, or having the meaning it otherwise had, immediately before the commencement of that item) is taken to have effect under this Act in relation to a road, motor vehicle, trailer or vehicle within the meaning of this Act (as amended by the amending Act), or
(b) that, immediately before the commencement of Schedule 2 [3] to the amending Act, was done or omitted to be done with, on or in relation to a road, motor vehicle, trailer or vehicle (as defined by this Act, or having the meaning it otherwise had, immediately before the commencement of that item) is taken to have been done or omitted to be done with, on or in relation to a road, motor vehicle, trailer or vehicle (as amended by the amending Act).
Any reference in any Act (other than this Act or the amending Act) or instrument made under any Act or in any instrument of any kind to a public street within the meaning of this Act is taken to be a reference to a road or road related area within the meaning of this Act (other than a road or road related area that is the subject of a declaration made under section 2A (1) (b) of this Act).
Any reference in any Act (other than this Act or the amending Act) or instrument made under any Act or in any instrument of any kind to a motor vehicle within the meaning of this Act (as defined immediately before the commencement of Schedule 2 [3] to the amending Act) is taken to be a reference to a motor vehicle or trailer within the meaning of this Act (as amended by the amending Act).
This clause does not apply to the Acts and Regulations amended by Schedules 4 and 5 to the amending Act.
Any reference in any Act (other than this Act or the amending Act) or instrument made under any Act or in any instrument of any kind to a trailer within the meaning of this Act (as defined immediately before the commencement of Schedule 2 [3] to the amending Act) is taken to be a reference to a trailer within the meaning of this Act (as amended by the amending Act).
This clause does not apply to the Acts and Regulations amended by Schedules 4 and 5 to the amending Act.
A reference in column 1 or 2 of Schedule 1 to the Short Description Regulation to a motor vehicle in relation to an altered offence is taken to include a reference to a trailer.
A penalty notice issued after the commencement of Schedule 2 [1] to the amending Act which describes an altered offence concerning a trailer by reference to an existing short description for that offence contained in column 2 of the Short Description Regulation:
(a) is taken to include a reference to a trailer, and
(b) is not invalid only by reason of it describing the offence by reference to the existing short description.
In this clause:
(a) the Motor Traffic Regulations 1935,
(b) the Traffic Act 1909.
Any refund or partial refund by the Authority of a fee paid for a permit referred to in section 3 (1) (j1) of this Act before its amendment by Schedule 3 [1] to the amending Act is taken to have been done lawfully despite anything in this or any other Act or law.
(Sections 4BB, 4BC)
The provisions of Schedule 2 continue in operation by a resolution passed by the Legislative Assembly on 17.6.1997 and the Legislative Council on 18.6.1997 in pursuance of section 4 of the Traffic Amendment (Street and Illegal Drag Racing) Act 1996.
In this Schedule:
The Commissioner is to give notice of:
(a) the impounding of a vehicle under section 4BB, or
(b) the impounding, or continued or further impounding, or forfeiture, of a vehicle under section 4BC,
to the registered owner of the vehicle and to the holder of any registered interest in the vehicle.
The notice may be given personally or by post, and must be given within 14 days after the occurrence the subject of the notice.
The notice is to state the offence for which the vehicle stands impounded or forfeit, as the case may be.
The Commissioner is to retain a vehicle impounded under section 4BB until such time as the offence for which it was impounded is dealt with by a court or by the offender under section 18B, unless it is sooner released under clause 5 or 6 or in accordance with the regulations.
A vehicle that is retained in accordance with this clause until an offence is dealt with is thereafter to be dealt with as required by or under section 4BC.
This clause does not apply in the case of a vehicle impounded in the circumstances referred to in section 4BB (1) (b), except as prescribed by the regulations.
A vehicle impounded under section 4BC is to be retained by the Commissioner for the time required by or under that section, unless it is sooner released under clause 5 or 6.
A vehicle forfeited under section 4BC is to be retained by the Commissioner until further directed by the Minister, unless it is sooner released under clause 5 or 6.
Application may be made by any person to the Commissioner for the release of an impounded vehicle into the person’s custody.
The Commissioner may release the vehicle to the applicant if:
(a) the period for which the vehicle would be liable to be impounded under section 4BC as a result of a conviction for the offence that gave rise to its impounding has expired and the prescribed fees for storage of the vehicle by the Commissioner have (except to the extent that the Commissioner has waived payment of those fees) been paid, or
(b) although that period has not expired, the Commissioner is satisfied, on such evidence as the Commissioner may reasonably require, that:
(i) the offence concerned was not committed with the consent of the applicant, and
(ii) the applicant did not know, and could not reasonably be expected to have known, that the vehicle would be used for the commission of the offence,
and if the Commissioner is satisfied, on such evidence as the Commissioner may reasonably require, that the applicant is lawfully entitled to possession of the vehicle.
It is the duty of the Commissioner to endeavour to cause any impounded vehicle to be available for collection by a person entitled to its possession as soon as the person is entitled to it.
An applicant to whom a vehicle is released under this clause must in writing acknowledge receipt of the vehicle from the custody of the Commissioner.
The Commissioner may remit the whole or any part of the prescribed fees for storage of a vehicle.
Application may be made by any person to a Local Court for the release of an impounded vehicle into the person’s custody.
An application under this clause stays any order or direction for forfeiture or disposal of the vehicle.
An application under this clause may be made whether or not an application has been made to the Commissioner under clause 5.
The Local Court is not limited by the provisions of clause 5, and is entitled in any case to have regard not only to the public interest but to any alleged hardship or other circumstances of the case.
Subclause (4) applies even though the Commissioner may have refused an application under clause 5, and the Court may affirm, quash or vary the decision of the Commissioner as justice requires.
An applicant to whom a vehicle is released by order of the Court must in writing acknowledge receipt of the vehicle from the custody of the Commissioner.
The Court may determine whether or not the prescribed fees for storage of the vehicle by the Commissioner, or some of those fees, are payable by the applicant to the Commissioner.
The Commissioner has (in the Commissioner’s official capacity) a duty to take all reasonable steps to secure an impounded vehicle against theft or damage while impounded.
No action lies against the Crown, the Minister, the Commissioner or any police officer in respect of the seizure or impounding, under section 4BB, of a vehicle for an alleged offence for which no proceedings or process are taken or issued.
This clause does not protect a police officer from liability in respect of the seizure, otherwise than in good faith, of a motor vehicle.
The Commissioner may cause an impounded or forfeited vehicle to be offered for sale in the circumstances prescribed by the regulations. The sale is to be by public auction or public tender.
The vehicle may be disposed of otherwise than by sale if the Commissioner believes on reasonable grounds that the vehicle has no monetary value or that the proceeds of the sale would be unlikely to exceed the costs of sale.
If the vehicle offered for sale is not sold, the Commissioner may dispose of the vehicle otherwise than by sale.
The regulations may make provision for or with respect to the disposal of the proceeds of any such sale, including provisions for or with respect to entitling persons to seek to be paid any such proceeds.
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