Traffic Act 1909 Regulation increasing the level of penalties imposed by penalty notices for traffic and parking infringements (1991-328) [GG No 100 of 28.6.1991] (NSW)
1991—No. 328
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. 100 of 28 June 1991]
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.
WAL MURRAY
Minister for Roads.
Commencement
1. This Regulation commences on I July 1991.
Amendments
2. The Motor Traffic Regulations 1935 are amended:
(a)
by omitting from Regulation 130A (1) (c) the matter “Parts 5, 6, 7 and 8” and by inserting instead the matter “Parts 3, 4, 5 and 6”;
(b)
by omitting from Regulation 130A (1) (d) the matter “Part 9” and by inserting instead the matter “Part 7”;
(c)
by omitting from Regulation 130A (1) (e) the matter ‘‘Part 11” and by inserting instead the matter “Part 9”;
(d) by omitting Schedule K and by inserting instead the following
Schedule :
1991—No. 328
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) | 85 |
| Section 6 (1) (c) (i), (ii), (iii) or (iv) | 51 |
| Section 6 (1) (c) (v) | 85 |
| Section 6A (2) | 85 |
TABLE B
Offence Penalty
$
Any offence under:
| Section 4 (1), for driving negligently | 119 |
| 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 then 30 km/h but not more than 45 km/h the speed limit applicable | 263 |
| (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 | 394 |
| (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 | 136 |
| (d) | 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 | 205 |
| (e) | 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 | 85 |
1991—No. 328
Offence Penalty
$
(f)
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 km/h the speed limit applicable
131
Section 4A (1A):
(a) where the motor vehicle is not a coach or heavy
motor vehicle 526 (b) where the motor vehicle is a coach or heavy motor
vehicle 789 Section 4AD (1), (2) or (3) 789 Section 4AE (3) 789 Section 5 (1) 85 Section 5 (3) 85 Section 8 (5) 85 Section 11B 51 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
51
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 68 (b) paragraph 4, defective road wheels, wheel studs or
nuts 48 (c) paragraph 4, defective or missing body panels 51 (d) paragraph 4, defective LPG equipment 68 (e) paragraph 6, defective headlamps 51 (f) paragraph 9, defective tail lamps 51 1991—No. 328
Offence Penalty
$
| (g) paragraph 16, defective brake lamps | 51 |
| (h) paragraph 43, 44A, 44B, 44C, 44D, 44E, 45, 45A, |
46, exceed dimensions 51 (i) paragraph 4, 57, 58, 58A, 59, 60, 61, 62, 63 (1)
defective brakes 113
| ( j ) paragraph 63 (2), defective emergency brakes | 51 | |
| (k) paragraph 4, 64 (a), defective steering | 113 | |
| (l) paragraph 66 (1) (b) (ii), excessive overhang | 51 | |
| (m) paragraph 4, 67, oil and fuel leaks | 68 | |
| (n) paragraph 68A, seat belt removed or defective | 153 | |
| (o) paragraph 4, 8 B , defective seats, seat anchorages | 68 | |
| (p) paragraph 4, 68C, defective door latches, hinges | 51 | |
| (q) | paragraph 75, defective body/chassis structural | |
| ||
| (r) | paragraph 75, 75A, 76, undue emission, inefficient | |
| ||
| (s) paragraph 82, defective tyres | 51 | |
| (t) | paragraph 110, defective or missing fire extinguisher | |
| ||
| (u) paragraph 120–153, road train equipment offences | 68 | |
| Regulation 92 (1) (d) | 85 | |
| Regulation 94 (1) | 153 | |
| Regulation 94B (4) | 153 | |
| Regulation 94B (5) | 153 | |
| Regulation 104 (1) (c) | 51 | |
| Regulation 104 (2) | 51 | |
| Regulation 105 | 51 | |
| Regulation 108 | 68 | |
| Regulation 109 | 68 | |
| Regulation 110 (a) | 68 | |
| Regulation 113B (1) (a) or (b), 113B (2) or 113C (2) | 85 | |
| Regulation 113D (3) | 113 | |
| Regulation 113E | 68 | |
| Regulation 113F (a) to (c) | 51 | |
| Regulation 1136 (1) or (3) | 113 | |
| Regulation 114 (1) (a) or (b) | 51 | |
| Regulation 115 (1) | 51 | |
| Regulation 116 (a) to (e) | 51 | |
| Regulation 118 (1) (a) to (e) | 85 | |
| Regulation 118 (1) (f) | 113 | |
| Regulation 118 (5) | 85 | |
| Regulation 118A (3) | 85 | |
| Regulation 120A (1) (a) or (b) | 113 |
1991—No. 328
Offence Penalty
$
Regulation 120A (1) (c) 51 Regulation 123, permit or fail to take reasonable precautions to prevent contravention of Regulations 118 (1) (a) to (e), 118 (5) and 118A (3)
85
Regulation 123, permit or fail to take reasonable precautions to prevent contravention of Regulations 118 (1) (f) and 120A (1) (a) or (b)
113
Regulation 123, permit or fail to take reasonable precautions to prevent contravention of Regulations 119, 120, 120A (1) (c), 121 and 122
51
Regulation 126A (1), (2), (3) or (4) 113 Regulation 126B (5) 113 Regulation 126C (1), (2) or (5) 113 Regulation 126D 113 Regulation 126E 113 Regulation 126F (1) or (2) 113 Regulation 126G 113 Regulation 126H 113 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), (3) (a) (ii), (iv), (vi) or (vii) 51 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)) 153
(ii) contrary to a “railway crossing stop” sign 153 (iii) contrary to a “truck lane” or “trucks must use
low gear” sign 153
(iv) contrary to a “truck speed limit” sign 243 (v) contrary to a “bus lane” or “transit lane” sign 102 (vi) contrary to any other traffic control sign 85
(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
42
1991—No. 328
Offence Penalty
$
(ii) where the offence is exceeding a time limit at
any other place 45 (iii)
where the offence is standing or parking for more than one hour at a place where standing or parking is prohibited 51 (iv)
where the offence is standing or parking for one hour or less at a place where standing or parking is prohibited 45 (v)
where the offence is stopping or waiting on a clearway, transit lane, bus lane or contrary to a “no stopping” sign 102
| Regulation 61 (2) | 153 |
| Regulation 65 | 113 |
| Regulation 65A | 85 |
| Regulation 66, 66G (1) (a) or (b) | 153 |
| Regulation 66C (1) (c), (d) or (e) or 66D | 85 |
| Regulation 67 (I), 67 (2) (b), (c) or (d) or 67 (3) | 153 |
| Regulation 67B | 85 |
| Regulation 68 (1) (b), 68 (3) or 68A | 85 |
| Regulation 68B (3) | 119 |
| Regulation 71 (1) (a), 71 (2) (a), (b) or (c) or 71 (3A) | 119 |
| Regulation 71 (1) (b) or 71 (2) (d) | I53 |
| Regulation 72 (1) or 72 (1B) | 119 |
| Regulation 72 (2) | 153 |
| Regulation 72A (1) | 119 |
| Regulation 72A (2) | 153 |
| Regulation 73 | 85 |
| Regulation 74 | 119 |
| Regulation 74A | 85 |
| Regulation 80 | 102 |
| Regulation 80B | 85 |
| Regulation 81 | 45 |
| Regulation | 8 1 A | 51 |
| Regulation 83 (a) | 62 | |
| Regulation 83 (b) | 45 | |
| Regulation 84 (1), paragraph (c) excepted | 45 | |
| Regulation 84 (1) (c): | ||
| (a) | where the motor vehicle is standing in a clearway, | |
| ||
| (b) | where the motor vehicle is standing in any other | |
| ||
| Regulation 85 | 45 | |
| Regulation 90 (1) (a) or (d) or 90A | 85 |
1991—No. 328
Offence Penalty
$
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 118 153 (b) paragraph 147 where the motor vehicle is not fitted or equipped with seat belts or seat belt anchorages Regulation 95 (3)
153
51 Regulation 106, 107 68 Regulation 110A 51 Regulation 110E, 110F or 110G 85 Regulation 111 51 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 526 (ii)
is driven at a speed which exceeds by more than 30 km/h but not more than 45 km/h the speed permitted 263 (iii)
is driven at a speed which exceeds by more than 15 km/h but more than 30 km/h the speed permitted 136 (iv) is driven at a speed which exceeds by not more
than 15 km/h the speed permitted 85
(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 789 (ii)
is driven at a speed which exceeds by more than 30 km/h but not more than 45 km/h the speed permitted 394
(iii)
is driven at a speed which exceeds by more than 15 km/h but not more than 30 km/h the speed permitted
205
(iv) is driven at a speed which exceeds by not more than 15 km/h the speed permitted 131
(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
than 45 km/h the speed permitted 526 1991—No. 328
Offence Penalty
$
(ii)
is driven at a speed which exceeds by more than 30 km/h but not more than 45 km/h the speed permitted
263
(iii)
is driven at a speed which exceeds by more than 15 km/h but not more than 30 km/h the speed permitted
205
(iv) is driven at a speed which exceeds by not more than 15 km/h the speed permitted 1 3 1
| Regulation 124A | 526 |
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 (I), (2 ) and ( 3 ) or 119A (2) | 51 |
PART 3
Offences under the Motor Vehicles Taxation Act 1988
Offence Penalty
$
Any offence under:
Section 9 (1) 85 PART 4
Offences under the Motor Accidents Act I988
Offence Penalty
$
Any offence under:
Section 8 (1) 85 PART 5
Offences under the Motor Vehicle Driving Instructors Act 1961
Offence Penalty
$
Any offence under:
Section 9 (1) (a) 85 1991—No. 328
PART 6
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 68 PART 7
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 Ordinance No. 30:
45
Any offence under clause 18A, 18AA or 18C Ordinance No. 34A:
45
All offences under the Ordinance 45 PART 8
Offences under Regulations deemed to be made under the
Traffic Act 1909
Offence Penalty
$
General Traffic (Pedestrian) Regulations 1937:
All offences under the Regulations 33
General Traffic Regulations 1916:
Any offence under subsection 9 of section 6 62
Any other offences under the Regulations, subsections 3 (a), 7 (1), (2) and (3) of section 13 excepted
33
1991—No. 328
PART 9
Offences under Part 4A of the Clean Air Act 1961 and
Regulations made under that Act
Offence Penalty
$
Clean Air Act 1941:
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 85
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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