Traffic Act 1909 (NSW)

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An Act to provide for the regulation of vehicles and of vehicular and pedestrian traffic; and for other purposes.

Part 1Preliminary1Name of Act

This Act may be cited as the Traffic Act 1909.

1A

(Repealed)

2Definitions(1)

In this Act, unless the context or subject-matter otherwise indicates:

Analyst means:

  • (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.

Approved camera detection device means a device of a type approved by the Commissioner of Police by order published in the Gazette as being designed to take a photograph of a vehicle which is driven in contravention of a traffic control light signal displaying a red circle or a red arrow and to record on the photograph:

  • (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.

Approved camera recording device means a device of a type approved by the Commissioner of Police by order published in the Gazette as being designed for attachment to an approved speed measuring device for the purpose of taking photographs of vehicles being driven in excess of speed limits and for recording on any such photograph:

  • (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).

Approved speed measuring device means a device of a type approved by the Governor by order published in the Gazette as being designed to measure the speed at which a vehicle is travelling.

Authority means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.

Breath analysing instrument means any instrument of a type approved by the Governor by order published in the Gazette as being designed to ascertain, by analysis of a person’s breath, the concentration of alcohol present in that person’s blood.

Breath analysis means a test carried out by a breath analysing instrument for the purpose of ascertaining, by analysis of a person’s breath, the concentration of alcohol present in that person’s blood.

Breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s blood, carried out on that person’s breath by means of a device,…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.