Traffic Act 1909 Regulation increasing the level of penalties imposed by penalty notices for traffic and parking infringements (1990-450) [GG No 82 of 29.6.1990] (NSW)
1990 - No. 450
TRAFFIC ACT 1909 - REGULATION
(Increasing the level of penalties imposed by penalty
notices for traffic and parking infringements)
NEW SOUTH WALES
[Published in Gazette No. 82 of 29 June 1990]
HIS Excellency the Governor, with the advice of the Executive
Council, and in pursuance of the Traffic Act 1909, has been pleased to make the Regulation set forth hereunder.
BRUCE BAIRD
Minister for Transport.
Commencement
1. This Regulation commences on 1 July 1990.
Amendment
2. The Motor Traffic Regulations 1935 are amended by omitting
Schedule K and by inserting instead the following Schedule:
1990 - No. 450
SCHEDULE K - PRESCRIBED OFFENCES AND PENALTIES
FOR THE PURPOSES OF SECTION 18B OF THE ACT
(Reg. 130A)
PART 1
Offences under the Traffic Act 1909
TABLE A
Offence Penalty
$
Any offence under:
Section 6 (1) (a) or 6 (1) (b) 81 Section 6 (1) (c) (i), (ii), (iii) or (iv) 49 Section 6 (1) (c) (v) 81 Section 6A (2) 81 TABLE B
Offence Penalty
$
Any offence under:
Section 4 (1), for driving negligently 114 Section 4A (1) -
(a)
where the motor vehicle (not being a coach or heavy motor vehicle) is driven at a speed which exceeds by more than 30 km/h but not more than 45 km/h the speed limit applicable
250
(b)
where the motor vehicle (being a coach or heavy motor vehicle) is driven at a speed which exceeds by more than 30 km/h but not more than 45 km/h the speed limit applicable
375
(c)
where the motor vehicle (not being a motor vehicle referred to in Regulation 124 (1) or (2)) is driven at a speed which exceeds by more than 15 km/h but not more than 30 km/h the speed limit applicable
130
1990 - No. 450
where the motor vehicle (being a motor vehicle
referred to in Regulation 124 (1) or (2)) is driven at a speed which exceeds by more than 15 km/h but not more than 30 km/h the speed limit applicable 195 where the motor vehicle (not being a motor vehicle referred to in Regulation 124 (1) or (2)) is driven at a speed which exceeds by not more than 15 km/h the speed limit applicable 81
| where the motor vehicle (being a motor vehicle | ||
| referred to in Regulation 124 (1 ) or (2)) is driven | ||
| at a speed which exceeds by not more than 15 | ||
|
Section 4A (1A):
(a) where the motor vehicle is not a coach or heavy
motor vehicle 500 (b) where the motor vehicle is a coach or heavy
motor vehicle 750 Section 5 (1) 81 Section 5 (3) 81 Section 8 (5) 81 Section 11B 49 Section 18A (1) - in respect of a parking offence - the same penalty as that prescribed in Part 2 of this Schedule for the actual offender.
PART 2
Offences under the Motor Traffic Regulations 1935
TABLE A
Offence Penalty
$
Any offence for which a penalty is imposed by Regulation 129 on any person by reason of the person’s contravening any of the following Regulations:
Regulation 12BA(2), 23, 25, 26 (1) or (2), 27, 30 (1), 31 (2), 38, 38A, 42 (a) or (b), 53 (2) (a) or (b), 53 (3) (a) (i) or (v), 53 (3) (b) or 64
49
1990 - NO. 450
Regulation 92 in respect of the standing or driving of a motor vehicle which does not comply with any of the following provisions of Schedule F
(a) paragraph 4, defective suspension components 65 (b) paragraph 4, defective road wheels, wheel studs
or nuts. 65 (c) paragraph 4, defective or missing body panels 49 (d) paragraph 4, defective LPG equipment 65 (e) paragraph 6, defective headlamps 49
(f) paragraph 9, defective tail lamps 49
(g) paragraph 16, defective brake lamps 49 (h) paragraph 43, 44A, 44B, 44C, 44D, 44E, 45, 45A,
46, exceed dimensions 49 (i) paragraph 4, 57, 58, 58A, 59, 60, 61, 62, 63 (1),
defective brakes 108 (j)
paragraph 63 (2), defective emergency brakes 49
(k) paragraph 4, 64 (a), defective steering 108
(1) paragraph 66 (1) (b) (ii), excessive overhang 49
(m) paragraph 4, 67, oil and fuel leaks 65 (n) paragraph 68A, seat belt removed or defective 146 (o) paragraph 4, 68B, defective seats, seat
anchorages 65 (p)
paragraph 4, 68C, defective door latches, hinges 49 (q) paragraph 75, defective body/chassis structural
member 65 (r) paragraph 75, 75A, 76, undue emission,
inefficient sliencer 65 (s) paragraph 82, defective tyres 49 (t) paragraph 110, defective or missing fire
extinguisher (omnibus) 49 (u) paragraph 120-153, road train equipment
offences 65 Regulation 92 (1) (d) 81 Regulation 94 (1) 146 Regulation 94B (4) 146 Regulation 94B (5) 146 Regulation 104 (1) (c) 49 Regulation 104 (2) 49
1990 - NO. 450
Regulation 105 49 Regulation 108 65 Regulation 109 65 Regulation 110 (a) 65 Regulation 113B (1) (a) or (b), 113B (2) or 113C (2) 81 Regulation 113D (3) 108 Regulation 113E 65 Regulation 113F (a) to (c) 49 Regulation 113G (1) or (3) 108 Regulation 114 (1) (a) or (b) 49 Regulation 115 (1) 49 Regulation 116 (a) to (e) 49 Regulation 118 (1) (a) to (e) 81 Regulation 118 (1) (f) 108 Regulation 118 (5) 81 Regulation 128A (3) 81 Regulation 120A (1) (a) or (b) 108 Regulation 120A (1) (c) 49 Regulation 123, permit or fail to take reasonable
precautions to prevent contravention of
Regulations 118 (1) (a) to (e), 118 (5) and 118A(3) 81
Regulation 123, permit or fail to take reasonable
precautions to prevent contravention of
Regulations 118 (1) (f) and 120A (1) (a) or (b) 108
Regulation 123, permit or fail to take reasonable
precautions to prevent contravention of
Regulations 119, 120, 120A (1) (c), 121 and 122 49
Regulation 126A (1), (2), (3) or (4) 108 Regulation 126B (5) 108 Regulation 126C (1) or (2) 108 Regulation 126D 108 Regulation 126E 108 Regulation 126F (1) or (2) 108 Regulation 126G 108 Regulation 126H 108
1990 - NO. 450
TABLE B
Offence Penalty
$
Any offence for which a penalty is imposed by Regulation 129 on any person by reason of the person's contravening any of the following Regulations:
Regulation 12 (4), 53 (3) (a) (ii), (iv), (vi) or (vii) 49 Regulation 54 (7): (a) in respect of the offence of driving a motor vehicle: (i) contrary to a "give way" or ''stop" sign,
including a "stop" sign as described in
Regulation 54 (6E), or a "roundabout" sign
(that is, a traffic control sign displaying a
symbol described in Regulation 54 (6) (aj)) 146 (ii)
contrary to a "railway crossing stop'' sign 146 (iii) contrary to a "truck lane'' or ''trucks must
use low gear" sign 146 (iv)
contrary to a "truck speed limit" sign 250 (v) contrary to a "bus lane'' or "transit lane''
sign 97 (vi)
contrary to any other traffic control sign 81 (b) in respect of the following offences:
(i)
where the offence is exceeding a time limit at a loading zone or truck zone or standing illegally at a loading zone or truck zone
59
(ii) where the offence is exceeding a time limit at any other place 43 (iii)
where the offence is standing or parking for more than one hour at a place where standing or parking is prohibited
49
(iv)
where the offence is standing or parking for one hour or less at a place where standing or parking is prohibited
43
(v)
where the offence is stopping or waiting on a clearway, transit lane, bus lane or contrary to a "no stopping" sign
97
1990 - NO. 450
Regulation 61 (2) 146 Regulation 65 108 Regulation 65A 81 Regulation 66, 66C (1) (a) or (b) 146 Regulation 66C (1) (c), (d) or (e) or 66D 81 Regulation 67 (1), 67 (2) (b), (c) or (d) or 67 (3) 146 Regulation 67B 81 Regulation 68 (1) (b), 68 (3) or 68A 81 Regulation 68B (3) 114 Regulation 71 (1) (a), 71 (2) (a), (b) or (c) or 71 ( 3 4 114 Regulation 71 (1) (b) or 71 (2) (d) 146 Regulation 72 (1) or 72 (1B) 114 Regulation 72 (2) 146 Regulation 72A (1) 114 Regulation 72A (2) 146 Regulation 73 81 Regulation 74 114 Regulation 74A 81 Regulation 80 97 Regulation 81 43 Regulation 81A 49 Regulation 83 (a) 59 Regulation 83 (b) 43 Regulation 84 (1), paragraph (c) excepted 43 Regulation 84 (1) (c): (a) where the motor vehicle is standing in a
clearway, transit lane or bus lane 51 (b) where the motor vehicle is standing in any other
location 59 Regulation 85 43 Regulation 90 (1) (a) or (d) or 90A 81 Regulation 92 in respect of the standing or driving of a motor vehicle which does not comply with any of the following provisions of Schedule F:
(a) paragraph 118 146
(b)
paragraph 147 where the motor vehicle is not fitted or equipped with seat belts or seat belt anchorages
146
1990 - NO. 450
Regulation 95 (3) 49 Regulation 106, 107 65 Regulation 110A 49 Regulation 110E, 110F or 110G 81 Regulation 111 49 Regulation 124: (a)
where the motor vehicle, not being a motor vehicle referred to in Regulation 124 (1) or (2):
(i) is driven at a speed which exceeds by more
than 45 km/h the speed permitted 500
(ii)
is driven at a speed which exceeds by more than 30 km/h but not more than 45 km/h the speed permitted
250
(iii)
is driven at a speed which exceeds by more than 15 km/h but not more than 30 km/h the speed permitted
130
(iv) is driven at a speed which exceeds by not
more than 15 km/h the speed permitted 81
(b)
where the motor vehicle, being a coach or heavy motor vehicle:
(i) is driven at a speed which exceeds by more
than 45 km/h the speed permitted 750
(ii)
is driven at a speed which exceeds by more than 30 km/h but not more than 45 km/h the speed permitted
375
(iii)
is driven at a speed which exceeds by more than 15 km/h but not more than 30 km/h the speed permitted
195
(iv) is driven at a speed which exceeds by not more than 15 km/h the speed permitted 125
(c)
where the motor vehicle, being a motor vehicle referred to in Regulation 124 (1), but not being a coach:
(i) is driven at a speed which exceeds by more
than 45 km/h the speed permitted 500
(ii)
is driven at a speed which exceeds by more than 30 km/h but not more than 45 km/h the speed permitted
250
1990 - NO. 450
(iii)
is driven at a speed which exceeds by more than 15 km/h but not more than 30 km/h the speed permitted
195
(iv) is driven at a speed which exceeds by not more than 15 km/h the speed permitted 125
Regulation 124A 500
TABLE C
Offence Penalty
$
Any offence under the Regulations, not being an offence specified in Table A or B of this Part, or an offence under Regulation 53 (3) (a) (iii), 53 (3) (c), 67 (2) (a), 69A(1), (2) and (3) or 119A(2)
49
PART 3
Offences under the Transport Licencing Act 1931
Offence Penalty
$
Section 312 (1) 81 Section 13 (1) 81 Section 15 (3) 65 Section 17 (5) 65 Section 22 65 Section 28, operate unlicensed public passenger vehicle 108 Section 28, drive unlicensed public passenger vehicle 81 Section 28, cause or permit unlicensed public passenger vehicle to be operated or driven 108 Section 28, drive public passenger vehicle contrary to
conditions of licence 81 Section 25, operate public passenger vehicle contrary to
conditions of licence 108
1990 - NO. 450
PART 4
Offences under the Transport Licencing Regulations 1931
Offence Penalty
$
Any offence for which a penalty is imposed by Regulation 39 on any person by reason of the person’s failure to comply with or the person’s contravening any of the following Regulations:
Regulation 10 81 Regulation 15 49 Regulation 16 49 Regulation 33 (1) (a) 81 Regulation 52 49 Regulation 54 65 Regulation 55 (a) or (b) 65 Regulation 59 65 Regulation 60 (e) 65 Regulation 67 (2) 49 Regulation 68, fail to run to timetable 65 Regulation 68, fail to perform a journey in accordance with timetable 81
Regulation 68, fail to complete journey in accordance
with time table 65
Regulation 70 (1) 65 Regulation 71 (a) 65 Regulation 72 (1) 65 Regulation 73 (a) 65 Regulation 73 (c) 65 Regulation 74 (1) (a) or (b) (i) or (ii) 65 Regulation 74 (2) 65 Regulation 79 (1) 81 Regulation 86 (1) $1 Regulation 86B 65 Regulation 87 81 Regulation 92 (2) (a) 49 Regulation 93 65
1990 - No. 450
Regulation 94 65 Regulation 98 65 Regulation 99 (1) 65 Regulation 99 (3) 81 Regulation 100 (1 ) or (2) 65 Regulation 102 (1) 81 Regulation 104 (a) or (b) 65 Regulation 105 (1) or (2) 81 Regulation 108 49 Regulation 109 49 Regulation 110 (1) (a), (c) or (d) 49
PART 5
Offences under the Motor Vehicles Taxation Act 1988
Offence Penalty
$
Any offence under:
Section 9 (1) 81
PART 6
Offences under the Motor Accidents Act 1988
Offence Penalty
$
Any offence under:
Section 8 (1) 81
PART 7
Offences under the Motor Vehicle Driving
Instructors Act 1961
Offence Penalty
$
| Any offence under: Section 9 (1) (a) | 81 |
1990 - NO. 450
PART 8
Offences under the Motor Vehicle Driving
Instructors Regulations 1962
Offence Penalty
$
Any offence for which a penalty is imposed by Regulation 12 on any person by reason of the person’s contravening:
Regulation 8, fail to produce licence when required
by police or by authorised officer 65
PART 9
Offences under the Local Government Act 1919
and Ordinances made under that Act
Offence Penalty
$
Local Government Act 1919:
Any offence under section 269A (15) or 270O 43
Ordinance No. 30:
Any offence under clause 18A, 18AA or 18C 43
Ordinance No. 34A
All offences under the Ordinance 43
PART 10
Offences under Regulations deemed to be made
under the Traffic Act 1909
Offence Penalty
$
General Traffic (Pedestrian) Regulations 1939:
All offences under the Regulations 32
General Traffic Regulations 1916:
Any offence under subsection 9 of section 6 59
Any other offences under the Regulations, subsections 3
(a), 7 (1), (2) and (3) of section 13 excepted 32
1990 - NO. 450
PART 11
Offences under Part 4A of the Clean Air Act 1961
and Regulations made under that Act
Offence Penalty
$
Clean Air Act 1961:
Any offence under section 21B in respect of the emission of excessive air impurities prescribed by Regulation 26 (1) of the Clean Air Regulations 1964
81
EXPLANATORY NOTE
The object of this Regulation is to increase the penalties imposed by penalty notices issued under section 18B of the Traffic Act 1909 for contraventions of that Act and certain other Acts and of Regulations made under those Acts.
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