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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport (General) Amendment
(Heavy Vehicle User Charges) Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Road Transport (General) Act 2005 No 11 2
4 Amendment of other Act and instruments 2
5 Repeal of Act 2
Schedule 1 Amendment of Road Transport (General) Act 2005 3
Schedule 2 Amendment of other Act and instruments 8
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2007
New South Wales
Road Transport (General) Amendment
(Heavy Vehicle User Charges) Bill 2007
Act No , 2007
An Act to amend the Road Transport (General) Act 2005 with respect to incremental
pricing for mass, dimension, load restraint and access concessions for heavy vehicles
and evidence relating to intelligent transport systems; and to make consequential
amendments to the Road Transport (Heavy Vehicles Registration Charges) Act 1995
and other instruments.
See also the Road Transport Legislation (Breath Testing and Analysis) Act 2007.
Road Transport (General) Amendment (Heavy Vehicle User Charges)
Clause 1 Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Road Transport (General) Amendment (Heavy Vehicle
User Charges) Act 2007.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Road Transport (General) Act 2005 No 11
The Road Transport (General) Act 2005 is amended as set out in
Schedule 1.
4 Amendment of other Act and instruments
The Act and instruments specified in Schedule 2 are amended as set out
in that Schedule.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Road Transport (General) Amendment (Heavy Vehicle User Charges)
Bill 2007
Amendment of Road Transport (General) Act 2005 Schedule 1
Schedule 1 Amendment of Road Transport (General)
Act 2005
(Section 3)
[1] Section 11A Regulations relating to intelligent transport systems
Insert after section 11A (2) (n):
(o) specifying the nature of the evidence that may or may not
be used to rebut an evidentiary presumption established by
a regulation made under paragraph (n).
[2] Section 20 Definitions
Insert in alphabetical order:
access requirement means a requirement of an applicable road
law that relates to the roads or class of roads on which a vehicle
may or may not be taken, or otherwise limits the area in which a
vehicle may or may not operate.
incremental pricing charges means charges to road users, for
concessions relating to mass, dimension, load restraint or access
requirements, that are based on road users' activities, or likely
activities, as a consequence of the concessions and the impact of
those activities.
incremental pricing scheme means a scheme for the incremental
pricing of concessions relating to mass, dimension, load restraint
or access requirements that is established by regulations made
under section 28A.
[3] Section 26 Regulations may impose restrictions
Omit "excess weight permit" from section 26 (2).
Insert instead "excess permit".
[4] Section 27
Omit the section. Insert instead:
27 Excess permits
(1) The Authority may issue an excess permit in respect of a vehicle.
(2) An excess permit may exempt a vehicle, either unconditionally or
subject to conditions, from any specified mass, dimension, load
restraint or access requirement imposed by an applicable road
law.
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Road Transport (General) Amendment (Heavy Vehicle User Charges)
Bill 2007
Schedule 1 Amendment of Road Transport (General) Act 2005
(3) Without limiting subsection (2), an excess permit may be made
subject to conditions of the following kinds:
(a) a condition imposed by a regulation under section 28A,
(b) a condition imposing a maximum laden mass on the
vehicle or any part of the vehicle,
(c) a condition imposing a maximum unladen mass on the
vehicle or any part of the vehicle,
(d) a condition imposing a maximum mass on the vehicle's
load,
(e) a condition specifying the minimum or maximum
dimensions of the vehicle or the vehicle's load,
(f) a condition imposing a requirement as to the restraint or
positioning of a load or any part of a load of the vehicle,
(g) a condition specifying any road or class of roads on which
the vehicle may or may not be taken or area in which the
vehicle may or may not be operated,
(h) a condition specifying a time, or period, when the vehicle
may or may not be operated,
(i) a condition specifying signage or other warning or safety
requirements, including conditions as to escort vehicles.
(4) An excess permit remains in force for the period specified in the
permit.
(5) An application for an excess permit must be in a form approved
by the Authority and accompanied by the application fee (if any)
approved by the Authority.
Note. An excess permit that is granted in connection with an incremental
pricing scheme may also be subject to additional charges established
under regulations made under section 28A.
[5] Section 28A
Insert after section 28:
28A Incremental pricing schemes
(1) Regulations may be made for or with respect to the following
matters:
(a) conditions of mass, dimension, load restraint or access
concessions relating to incremental pricing charges,
Note. See section 76 for the definition of mass, dimension, load
restraint or access concession.
(b) the determination of incremental pricing charges,
Page 4
Road Transport (General) Amendment (Heavy Vehicle User Charges)
Bill 2007
Amendment of Road Transport (General) Act 2005 Schedule 1
(c) the notification of incremental pricing charges,
(d) conditions of mass, dimension, load restraint or access
concessions relating to payment (including prepayment) of
incremental pricing charges,
(e) the payment of money received by the Authority from
incremental pricing charges to roads authorities and the
use by roads authorities of that money,
(f) the use of information obtained by the use of an intelligent
transport system or by other means for the purposes of
incremental pricing schemes, including (but not limited to)
the calculation of incremental pricing charges,
(g) the application of regulations made under section 11A to
or in respect of the use, for the purposes of implementing
and administering incremental pricing schemes, of
information obtained by the use of an intelligent transport
system,
(h) the monitoring and auditing of incremental pricing
schemes and participants in such schemes,
(i) the records to be kept and information provided by such
participants,
(j) regulating or prohibiting the collection, storage, use and
disclosure of information obtained for the purposes of
incremental pricing schemes or proposed schemes,
(k) without limiting paragraph (j), the use of information
obtained for the purposes of an incremental pricing scheme
for compliance or law enforcement purposes,
(l) the use of certificates relating to the following matters as
evidence in any proceedings before a court or tribunal:
(i) conditions relating to incremental pricing schemes,
(ii) vehicles, operators and drivers subject to conditions
referred to in subparagraph (i),
(iii) information obtained by the use of intelligent
transport systems or by other means and used for the
purposes of incremental pricing schemes,
(m) specifying the nature of the evidence that may or may not
be used to rebut an evidentiary presumption established by
a regulation made under paragraph (l),
(n) refunds of excess charges,
(o) any other matters ancillary or incidental to the operation of
incremental pricing charges or schemes.
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Road Transport (General) Amendment (Heavy Vehicle User Charges)
Bill 2007
Schedule 1 Amendment of Road Transport (General) Act 2005
(2) A regulation made for the purposes of this section may create an
offence punishable by a penalty not exceeding 200 penalty units.
(3) This section is in addition to, and does not limit, any other
regulation-making power contained in this Act or any other
applicable road law.
(4) Words and expressions used in this section have the same
meaning as they have in Division 9 of Part 3.3.
[6] Section 76 Definitions
Omit "mass, dimension or load restraint concession" from the definition of
condition.
Insert instead "mass, dimension, load restraint or access concession".
[7] Section 76
Omit the definition of mass, dimension or load restraint concession.
Insert instead:
mass, dimension, load restraint or access concession means a
permit, authorisation, approval, exemption, notice or anything
else that is granted or issued in writing under an applicable road
law and that exempts a person from a provision of an applicable
road law in relation to a mass, dimension, load restraint or access
requirement, and includes an excess permit under section 27.
[8] Section 77 Offence of contravening condition
Omit "mass, dimension or load restraint concession" wherever occurring.
Insert instead "mass, dimension, load restraint or access concession".
[9] Section 78 Effect of contravening condition--prosecutions or other
action
Omit "mass, dimension or load restraint concession" from section 78 (1).
Insert instead "mass, dimension, load restraint or access concession".
[10] Section 79 Operation of Division
Omit "mass, dimension or load restraint concession".
Insert instead "mass, dimension, load restraint or access concession".
Page 6
Road Transport (General) Amendment (Heavy Vehicle User Charges)
Bill 2007
Amendment of Road Transport (General) Act 2005 Schedule 1
[11] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Road Transport (General) Amendment (Heavy Vehicle User
Charges) Act 2007
[12] Schedule 1
Insert at the end of the Schedule with appropriate Part and clause numbering:
Part Provisions consequent on enactment of
Road Transport (General) Amendment
(Heavy Vehicle User Charges) Act 2007
Existing excess weight permits
An excess weight permit that was in force immediately before the
substitution of section 27 by the Road Transport (General)
Amendment (Heavy Vehicle User Charges) Act 2007 continues in
force for the period for which it would have been in force if that
section had not been substituted and is taken to be an excess
permit granted under the section as so substituted.
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Road Transport (General) Amendment (Heavy Vehicle User Charges)
Bill 2007
Schedule 2 Amendment of other Act and instruments
Schedule 2 Amendment of other Act and
instruments
(Section 4)
2.1 Road Transport (Heavy Vehicles Registration Charges) Act
1995 No 72
[1] Long title
Omit "and permit charges".
[2] Section 3 Definitions
Omit "and permit charges" from the definition of charges in section 3 (1).
[3] Section 3 (1)
Omit the definitions of heavy vehicle permit and permit charge.
[4] Part 2, heading
Omit "and permit".
[5] Section 8
Omit the section.
[6] Section 9 Variations in charges
Omit "Parts 2 and 3" wherever occurring from section 9 (1), (3) and (4).
Insert instead "Part 2".
[7] Part 2, Division 3
Omit the Division.
[8] Section 19 Adjustment of charges by Authority
Omit "or who holds a heavy vehicle permit" from section 19 (2).
[9] Section 20 Changes in owners or to vehicles must be notified to
Authority
Omit section 20 (1). Insert instead:
(1) A person in whose name a vehicle is registered must notify the
Authority of any change during the currency of the registration in
the construction, equipment, configuration, use or ownership of
the vehicle of such a nature that charges or additional charges
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Road Transport (General) Amendment (Heavy Vehicle User Charges)
Bill 2007
Amendment of other Act and instruments Schedule 2
would be payable if the registration was renewed when the
change occurred.
Maximum penalty: 100 penalty units.
[10] Section 21 Calculation of charges arising from changes
Omit "or permit" wherever occurring.
[11] Section 22 Refund of charges on cancellation of registration
Omit section 22 (2).
[12] Section 22 (3) (a)
Omit "or permit" wherever occurring.
[13] Section 38 Regulations
Omit section 38 (2) (b). Insert instead:
(b) providing for and regulating the granting to a person
prescribed by the regulations of a refund of a portion of the
charges paid in respect of registration of a vehicle if,
during the currency of the registration, a change is made in
the construction, equipment, configuration, use or
ownership of the vehicle of such a nature that no charges
or a reduced amount of charges would be payable in
respect of the vehicle on the renewal of its registration, and
[14] Section 38 (2) (d)
Omit the paragraph. Insert instead:
(d) providing for the production, at the time of application for
registration or renewal of registration of a vehicle or at any
time during the currency of the registration, of
weighbridge tickets showing the weight of the vehicle, and
[15] Section 38 (2) (e)
Omit ", registration and heavy vehicle permits".
Insert instead "and registration".
[16] Schedule 1 Charges
Omit Part 3.
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Road Transport (General) Amendment (Heavy Vehicle User Charges)
Bill 2007
Schedule 2 Amendment of other Act and instruments
[17] Schedule 2 Savings and transitional provisions
Insert at the end of clause 1 (1):
Road Transport (General) Amendment (Heavy Vehicle User
Charges) Act 2007
[18] Schedule 2
Insert at the end of the Schedule with appropriate Part and clause numbering:
Part Provisions consequent on enactment of
Road Transport (General) Amendment
(Heavy Vehicle User Charges) Act 2007
Existing heavy vehicle permits
A heavy vehicle permit that was in force immediately before the
repeal of section 14 by the Road Transport (General) Amendment
(Heavy Vehicle User Charges) Act 2007 continues in force for
the period for which it would have been in force if that section
had not been repealed and is taken to be an excess permit granted
under section 27 of the Road Transport (General) Act 2005.
2.2 Road Transport (Heavy Vehicles Registration Charges)
Regulation 2006
[1] Clause 6
Omit the clause.
[2] Clause 7 Calculation of refund of registration charges on cancellation of
registration
Omit "or permit charge" wherever occurring.
[3] Clause 7 (2)
Omit the definition of number of days. Insert instead:
number of days means the number of unexpired days of the
registration period, from the date on which the Authority cancels
the registration of the vehicle.
Page 10
Road Transport (General) Amendment (Heavy Vehicle User Charges)
Bill 2007
Amendment of other Act and instruments Schedule 2
2.3 Road Transport (Mass, Loading and Access) Regulation
2005
Clause 72ZG
Insert after clause 72ZF:
72ZG Rebuttal of matters of specialised knowledge
(1) This clause applies to the determination of whether evidence is
sufficient to rebut prima facie evidence or a presumption, or to
raise doubt about a matter, as referred to in clause 72ZC (1) (g)
and (2), 72ZE or 72ZF.
(2) An assertion that contradicts or challenges:
(a) the accuracy or reliability, or the correct or proper
operation, of an intelligent access system, or
(b) intelligent access information generated by an intelligent
access system,
is capable of being sufficient, in proceedings, to rebut such
evidence or such a presumption, or to raise such doubt, only if it
is evidence adduced from a person who has relevant specialised
knowledge (based wholly or substantially on the person's
training, study or experience).
Page 11
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