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New South Wales
Road Transport Legislation
Amendment Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts and Regulation 2
4 Repeal of Act 2
Schedule 1 Amendment of Road Transport (Driver Licensing) Act 1998
No 99 3
Schedule 2 Amendment of Road Transport (Driver Licensing) Regulation
1999 4
Schedule 3 Amendment of Road Transport (General) Act 2005 No 11 6
Schedule 4 Amendments relating to fatigue management and speeding
compliance 10
Schedule 5 Amendment of Roads Act 1993 No 33 14
b2008-037-43.d16
New South Wales
Road Transport Legislation
Amendment Bill 2008
No , 2008
A Bill for
An Act to amend the Road Transport (Driver Licensing) Act 1998, the Road
Transport (Driver Licensing) Regulation 1999 and the Road Transport (General) Act
2005 with respect to further sanctions in relation to certain driving offences, and with
respect to fatigue management and speeding compliance, and to amend the Roads
Act 1993 with respect to approved toll cameras and toll offences.
Clause 1 Road Transport Legislation Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Road Transport Legislation Amendment Act 2008. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
3 Amendment of Acts and Regulation 6
The Acts and Regulation specified in Schedules 15 are amended as set 7
out in those Schedules. 8
4 Repeal of Act 9
(1) This Act is repealed on the day following the day on which all of the 10
provisions of this Act have commenced. 11
(2) The repeal of this Act does not, because of the operation of section 30 12
of the Interpretation Act 1987, affect any amendment made by this Act. 13
Page 2
Road Transport Legislation Amendment Bill 2008
Amendment of Road Transport (Driver Licensing) Act 1998 No 99 Schedule 1
Schedule 1 Amendment of Road Transport (Driver 1
Licensing) Act 1998 No 99 2
(Section 3) 3
Section 19A 4
Insert after section 19: 5
19A Penalty of driver licence disqualification 6
(1) In addition to a penalty referred to in section 19 (3), the 7
regulations may provide for a person who is convicted of a 8
relevant offence: 9
(a) to be automatically disqualified by virtue of the conviction 10
from holding a driver licence for a period not exceeding 3 11
months, or 12
(b) to be disqualified by order of the court that convicts the 13
person of the offence from holding a driver licence for 14
such period as the court thinks fit (whether for a period that 15
is shorter or longer than a period of automatic 16
disqualification referred to in paragraph (a)). 17
(2) In this section: 18
relevant offence means an offence under the regulations of being 19
the holder of a learner licence driving unaccompanied by a 20
supervising driver. 21
Page 3
Road Transport Legislation Amendment Bill 2008
Schedule 2 Amendment of Road Transport (Driver Licensing) Regulation 1999
Schedule 2 Amendment of Road Transport (Driver 1
Licensing) Regulation 1999 2
(Section 3) 3
[1] Clause 12 Learner driver requirements 4
Insert after clause 12 (6): 5
(7) The offence under subclause (1) (a) is, for the purposes of section 6
19A of the Act and sections 205 and 206 of the Road Transport 7
(General) Act 2005, the offence of being the holder of a learner 8
licence driving unaccompanied by a supervising driver. 9
(8) If a person is convicted of an offence under subclause (1) (a), the 10
person is disqualified by the conviction (and without any specific 11
order) from holding a driver licence: 12
(a) for a period of 3 months, or 13
(b) if the court on the conviction thinks fit to order a different 14
period of disqualification determined in accordance with 15
subclause (9), for the period specified in the order. 16
Note. Section 189 of the Road Transport (General) Act 2005 provides 17
for the effect of a disqualification (whether or not by order of a court). 18
(9) In determining a different period of disqualification under 19
subclause (8), the court may specify a period that is: 20
(a) more than 3 months but no more than 12 months, or 21
(b) less than 3 months, but only if: 22
(i) the person's driver licence or authority to drive in 23
New South Wales has been suspended for a period 24
(the suspension period) under section 205 or 206 of 25
the Road Transport (General) Act 2005 for that 26
offence, and 27
(ii) the specified disqualification period when added to 28
the suspension period results in a total period of not 29
less than 3 months. 30
(10) The disqualification referred to in subclause (8) is in addition to 31
any other penalty imposed for the offence. 32
(11) A period of disqualification imposed under subclause (8) 33
commences on the date of conviction for the offence to which it 34
relates. 35
(12) In subclauses (1), (2) and (3), a reference to a learner licence 36
includes a reference to a foreign driver licence that has the same 37
or similar effect as a learner licence. 38
Page 4
Road Transport Legislation Amendment Bill 2008
Amendment of Road Transport (Driver Licensing) Regulation 1999 Schedule 2
[2] Schedule 2 Additional demerit point offences 1
Omit the matter relating to clause 12 (1) (a) of the Road Transport (Driver 2
Licensing) Regulation 1999. 3
[3] Schedule 4 Savings and transitional provisions 4
Insert after clause 5: 5
6 Application of amendments 6
The amendments made by Schedule 2 [1] and [2] to the Road 7
Transport Legislation Amendment Act 2008 do not apply in 8
relation to an offence referred to in clause 12 (1) (a) that occurred 9
before the commencement of those amendments. 10
Page 5
Road Transport Legislation Amendment Bill 2008
Schedule 3 Amendment of Road Transport (General) Act 2005 No 11
Schedule 3 Amendment of Road Transport (General) 1
Act 2005 No 11 2
(Section 3) 3
[1] Section 204A 4
Insert before section 204 in Division 4 of Part 5.4: 5
204A Definitions 6
In this Division: 7
grievous bodily harm has the same meaning as it has in the 8
Crimes Act 1900. 9
learner licence has the same meaning as it has in section 8 of the 10
Road Transport (Safety and Traffic Management) Act 1999. 11
provisional licence has the same meaning as it has in section 8 of 12
the Road Transport (Safety and Traffic Management) Act 1999. 13
[2] Section 205 Immediate suspension of licence in certain circumstances 14
Omit section 205 (1A). Insert instead: 15
(1A) If it appears to a police officer that a person has committed an 16
offence under the Road Transport (Safety and Traffic 17
Management) Act 1999 (other than a camera recorded offence 18
within the meaning of section 179 of this Act) of: 19
(a) exceeding a speed limit prescribed under that Act by more 20
than 45 kilometres per hour, or 21
(b) exceeding a speed limit prescribed under that Act by more 22
than 30 kilometres per hour but not more than 45 23
kilometres per hour, as the holder of a learner licence or 24
provisional licence for the class of vehicle being driven, 25
the same or another police officer may, at any time within 48 26
hours of: 27
(c) the person being served with a penalty notice for the 28
offence, or 29
(d) the person being charged with the offence, 30
give the person a suspension notice. 31
(1B) If it appears to a police officer that a person has committed an 32
offence under the regulations under the Road Transport (Driver 33
Licensing) Act 1998 of being the holder of a learner licence 34
Page 6
Road Transport Legislation Amendment Bill 2008
Amendment of Road Transport (General) Act 2005 No 11 Schedule 3
driving unaccompanied by a supervising driver, the same or 1
another police officer may, at any time within 48 hours of: 2
(a) the person being served with a penalty notice for the 3
offence, or 4
(b) the person being charged with the offence, 5
give the person a suspension notice. 6
[3] Section 205 (2) (a) 7
Omit "or (1A)". Insert instead ", (1A) or (1B)". 8
[4] Section 205 (2) (b) 9
Insert "or (1B)" after "(1A)". 10
[5] Section 205 (2) (b) (i) 11
Omit the subparagraph. Insert instead: 12
(i) a period of 6 months (in the case of an offence 13
referred to in subsection (1A) (a)) or 3 months (in 14
the case of an offence referred to in subsection (1A) 15
(b) or (1B)) elapses after the date on which the 16
offence is alleged to have been committed, 17
[6] Section 205 (8) 18
Omit the subsection. 19
[7] Section 206 Suspension of driving privileges of visiting driver 20
Omit the definition of grievous bodily harm from section 206 (1). 21
[8] Section 206 (1), definition of "suspension notice" 22
Omit "or (2A)" wherever occurring. Insert instead ", (2A) or (2B)". 23
[9] Section 206 (1), definition of "suspension notice" 24
Insert "or (2B)" after "subsection (2A)" wherever occurring. 25
[10] Section 206 (1), definition of "suspension notice" 26
Omit paragraph (b) (i). Insert instead: 27
(i) a period of 6 months (in the case of an offence 28
referred to in subsection (2A) (a)) or 3 months (in 29
the case of an offence referred to in subsection (2A) 30
(b) or (2B)) elapses after the date on which the 31
offence is alleged to have been committed, 32
Page 7
Road Transport Legislation Amendment Bill 2008
Schedule 3 Amendment of Road Transport (General) Act 2005 No 11
[11] Section 206 (2A) and (2B) 1
Omit section 206 (2A). Insert instead: 2
(2A) If it appears to a police officer that an authorised visiting driver 3
has committed an offence under the Road Transport (Safety and 4
Traffic Management) Act 1999 (other than a camera recorded 5
offence within the meaning of section 179 of this Act) of: 6
(a) exceeding a speed limit prescribed under that Act by more 7
than 45 kilometres per hour, or 8
(b) exceeding a speed limit prescribed under that Act by more 9
than 30 kilometres per hour but not more than 45 10
kilometres per hour, as the holder of a learner licence or 11
provisional licence for the class of vehicle being driven, 12
the same or another police officer may, at any time within 48 13
hours of: 14
(c) the authorised visiting driver being served with a penalty 15
notice for the offence, or 16
(d) the authorised visiting driver being charged with the 17
offence, 18
give the authorised visiting driver a suspension notice. 19
(2B) If it appears to a police officer that an authorised visiting driver 20
has committed an offence under the regulations under the Road 21
Transport (Driver Licensing) Act 1998 of being the holder of a 22
learner licence driving unaccompanied by a supervising driver, 23
the same or another police officer may, at any time within 48 24
hours of: 25
(a) the authorised visiting driver being served with a penalty 26
notice for the offence, or 27
(b) the authorised visiting driver being charged with the 28
offence, 29
give the authorised visiting driver a suspension notice. 30
[12] Schedule 1 Savings, transitional and other provisions 31
Insert at the end of clause 1 (1): 32
Road Transport Legislation Amendment Act 2008 33
Page 8
Road Transport Legislation Amendment Bill 2008
Amendment of Road Transport (General) Act 2005 No 11 Schedule 3
[13] Schedule 1 1
Insert (with appropriate numbering) at the end of the Schedule: 2
Part Provisions consequent on enactment of 3
Road Transport Legislation Amendment 4
Act 2008 5
Definition 6
In this Part, Amending Act means the Road Transport 7
Legislation Amendment Act 2008. 8
Application of amendments 9
Sections 205 and 206, as amended by Schedule 3 to the 10
Amending Act, do not apply in relation to an alleged offence 11
referred to in section 205 (1A) (b) or (1B), or 206 (2A) (b) or (2B) 12
(as so amended) that occurred before those sections were so 13
amended. 14
Existing suspensions 15
A suspension given by a police officer under section 205 or 206 16
and in force immediately before the amendment of those sections 17
by Schedule 3 to the Amending Act is taken to be a suspension 18
given by the police officer under section 205 or 206, respectively, 19
as amended by the Amending Act. 20
Page 9
Road Transport Legislation Amendment Bill 2008
Schedule 4 Amendments relating to fatigue management and speeding compliance
Schedule 4 Amendments relating to fatigue 1
management and speeding compliance 2
(Section 3) 3
4.1 Road Transport (General) Act 2005 No 11 4
[1] Section 3 Definitions 5
Omit paragraph (d) of the definition of applicable road law in section 3 (1). 6
Insert instead: 7
(d) regulations made under section 11B or 11C (except in 8
Chapter 3, unless otherwise provided by the regulations), 9
or 10
(e) any other provision of the road transport legislation 11
prescribed by the regulations for the purposes of this 12
definition. 13
[2] Sections 11B and 11C 14
Insert after section 11A: 15
11B Regulations relating to fatigue management 16
(1) Regulations may be made for or with respect to the management 17
and prevention of driver fatigue in connection with the driving of 18
heavy vehicles and heavy combinations. 19
(2) Without limiting the generality of subsection (1), regulations 20
may be made for or with respect to the following: 21
(a) the duties of drivers of heavy vehicles and heavy 22
combinations, 23
(b) the duties of employers of drivers of heavy vehicles and 24
heavy combinations, prime contractors, operators, 25
schedulers, consignors, consignees, loading managers, 26
loaders and unloaders, 27
(c) the duties of other persons who make use of or engage in 28
activities involving the use or operation of heavy vehicles 29
or heavy combinations or who may do so, 30
(d) the periods that drivers of heavy vehicles and heavy 31
combinations spend working and resting, 32
(e) the making, keeping, possession and inspection of records 33
in respect of heavy vehicles or heavy combinations and 34
their drivers, 35
Page 10
Road Transport Legislation Amendment Bill 2008
Amendments relating to fatigue management and speeding compliance Schedule 4
(f) the medical examination of drivers of heavy vehicles and 1
heavy combinations, 2
(g) risk management processes, principles and factors to be 3
applied, 4
(h) reasonable steps defences or other defences for offences 5
under regulations made under this section, 6
(i) the recognition of decisions in other jurisdictions in 7
relation to the management of fatigue in drivers of heavy 8
vehicles or heavy combinations, 9
(j) the accreditation of operator fatigue management systems 10
and auditing of such systems. 11
(3) A regulation made under this section may create an offence 12
punishable by a penalty not exceeding 250 penalty units. 13
(4) This section is in addition to, and does not limit, any other 14
regulation-making power contained in this Act or any other 15
applicable road law. 16
11C Regulations relating to speeding compliance 17
(1) Regulations may be made for or with respect to the management 18
and prevention of speeding in connection with heavy vehicles or 19
heavy combinations. 20
(2) Without limiting subsection (1), regulations may be made for or 21
with respect to the following: 22
(a) the duties of employers of drivers of heavy vehicles and 23
heavy combinations, prime contractors, schedulers, 24
operators, consignors and consignees, 25
(b) the duties of other persons who make use of or engage in 26
activities involving the use or operation of heavy vehicles 27
or heavy combinations or who may do so. 28
(3) A regulation made under this section may create an offence 29
punishable by a penalty not exceeding 250 penalty units. 30
(4) This section is in addition to, and does not limit, any other 31
regulation-making power contained in this Act or any other 32
applicable road law. 33
[3] Section 130 Application of Part 34
Omit section 130 (1) (b). 35
Page 11
Road Transport Legislation Amendment Bill 2008
Schedule 4 Amendments relating to fatigue management and speeding compliance
[4] Section 146 Additional vehicle search powers relating to fatigue 1
offences 2
Omit "the Road Transport (Safety and Traffic Management) (Driver Fatigue) 3
Regulation 1999 or a regulation replacing that regulation" from section 146 4
(2). 5
Insert instead "a regulation made under section 11B". 6
[5] Section 154A 7
Insert after section 154: 8
154A Directions relating to driver fatigue 9
(1) An authorised officer may exercise powers under this section if 10
the officer believes on reasonable grounds that a driver has 11
committed a fatigue-related offence and: 12
(a) that the driver is impaired by fatigue that may have been 13
caused by the occurrence of the offence, or 14
(b) that the commission of the offence occurred sufficiently 15
recently that there is a risk that the driver may be impaired 16
by fatigue. 17
(2) The authorised officer may do any of the following: 18
(a) direct the driver to take rest immediately, or to take 19
additional rest at the driver's next required rest break, 20
(b) direct the driver to work reduced hours in the next relevant 21
period to compensate for excess hours worked, 22
(c) direct the driver to take the next night rest time, 23
(d) direct the driver not to work for a specified period of time, 24
(e) if the officer has observed the driver driving in a way that 25
the officer believes, on reasonable grounds, is dangerous, 26
direct the driver to stop driving immediately, and authorise 27
a qualified person to move the vehicle to a suitable rest 28
place, 29
(f) if the driver fails to produce a specified record or document 30
required to be kept in relation to fatigue management or the 31
officer believes on reasonable grounds that any such 32
record or document produced cannot be relied on, direct 33
the driver not to work for a 24-hour period. 34
(3) A person is guilty of an offence if: 35
(a) the person is subject to a direction under subsection (2), 36
and 37
Page 12
Road Transport Legislation Amendment Bill 2008
Amendments relating to fatigue management and speeding compliance Schedule 4
(b) the person engages in conduct that results in a 1
contravention of the direction. 2
Maximum penalty: 60 penalty units. 3
(4) In this section: 4
fatigue-related offence means an offence under regulations 5
made under section 11B, being an offence prescribed by the 6
regulations for the purposes of this section. 7
[6] Section 180 Proceedings for offences 8
Insert "or under a regulation made under section 11B or 11C" after "Chapter 9
3" in section 180 (2) (a). 10
[7] Section 244A 11
Insert after section 244: 12
244A Application of OH&S legislation 13
(1) The provisions of an applicable road law do not preclude, or 14
otherwise affect, the operation of the occupational health and 15
safety legislation. 16
(2) If the effect of complying with a requirement of an applicable 17
road law would be to cause a person to contravene a provision of 18
the occupational health and safety legislation, the person is not 19
required to comply with the requirement of the applicable road 20
law. 21
(3) Where an act or omission constitutes an offence under an 22
applicable road law and: 23
(a) under the occupational health and safety legislation, or 24
(b) under the Road and Rail Transport (Dangerous Goods) 25
Act 1997, 26
the offender is not liable to be punished twice in respect of the 27
offence. 28
(4) In this section: 29
occupational health and safety legislation means the following 30
Acts and any regulations made under those Acts: 31
(a) the Occupational Health and Safety Act 2000, 32
(b) the Coal Mine Health and Safety Act 2002, 33
(c) the Mine Health and Safety Act 2004. 34
Page 13
Road Transport Legislation Amendment Bill 2008
Schedule 4 Amendments relating to fatigue management and speeding compliance
4.2 Road Transport (Safety and Traffic Management) Act 1999 1
No 20 2
Schedule 1 Regulation-making powers 3
Omit clause 3 (1) (a) and (2). 4
Page 14
Road Transport Legislation Amendment Bill 2008
Amendment of Roads Act 1993 No 33 Schedule 5
Schedule 5 Amendment of Roads Act 1993 No 33 1
(Section 3) 2
[1] Section 242 Proceedings for offences 3
Insert at the end of the section: 4
(2) Proceedings for a toll offence (within the meaning of section 5
250A) may be commenced within 12 months after the time when 6
the offence is alleged to have been committed. 7
[2] Section 248 Evidentiary certificates 8
Insert after section 248 (1) (d): 9
(d1) a specified toll was or was not a relevant toll in relation to 10
a specified toll point on a specified date for the purposes of 11
this Act and the regulations or for the purposes of a 12
specified provision of this Act or the regulations, or 13
(d2) a specified person was or was not a toll operator in relation 14
to a specified tollway, bridge, tunnel or road-ferry, or 15
(d3) a specified point was or was not a toll point in relation to a 16
specified tollway, bridge, tunnel or road-ferry, or 17
(d4) a specified person was or was not the registered operator 18
of a specified vehicle, or 19
[3] Section 248 (5) 20
Insert after section 248 (4): 21
(5) Without limiting subsection (1), a statement in a certificate that is 22
issued on behalf of a roads authority by a person prescribed by the 23
regulations, or by a person belonging to a class of persons so 24
prescribed, as to any matter that appears in or can be calculated 25
from records: 26
(a) that relate to motor vehicles using tollways or payment of 27
tolls (or both), and 28
(b) that are kept or accessed by the roads authority or the 29
person, 30
is admissible in any legal proceedings and is evidence of the fact 31
or facts so stated. 32
Page 15
Road Transport Legislation Amendment Bill 2008
Schedule 5 Amendment of Roads Act 1993 No 33
[4] Section 250A Approved camera recording devices--toll offences 1
Omit the definition of approved toll camera from section 250A (1). 2
Insert instead: 3
approved toll camera means a digital camera of a type approved 4
by the Governor by order published in the Gazette as being 5
designed: 6
(a) to take a photograph of a vehicle as it is driven past a toll 7
point, and 8
(b) to record on the photograph: 9
(i) the date on which the photograph is taken, and 10
(ii) the time and location at which the photograph is 11
taken, and 12
(iii) the direction in which the vehicle activating the 13
camera is travelling, and 14
(iv) such ancillary information in connection with the 15
toll and the photographing of the vehicle at that time 16
and location as may be prescribed by the 17
regulations. 18
[5] Section 250A (1A) 19
Insert after section 250A (1): 20
(1A) The fact that a camera takes a photograph of a vehicle only if it is 21
driven in contravention of a requirement to pay a toll, or records 22
the information referred to in paragraph (b) of the definition of 23
approved toll camera only on such a photograph, does not 24
prevent the camera from being an approved toll camera. 25
[6] Section 250A (5A) 26
Insert after section 250A (5): 27
(5A) Subsection (5) applies only in respect of information acquired in 28
relation to a vehicle driven in contravention of a requirement to 29
pay the relevant toll. 30
[7] Schedule 2 Savings, transitional and other provisions 31
Insert at the end of clause 1 (1): 32
Road Transport Legislation Amendment Act 2008 33
Page 16
Road Transport Legislation Amendment Bill 2008
Amendment of Roads Act 1993 No 33 Schedule 5
[8] Schedule 2, Part 6 1
Insert at the end of the Schedule: 2
Part 6 Provisions consequent on enactment of 3
Road Transport Legislation Amendment 4
Act 2008 5
77 Definitions 6
In this Part: 7
Amending Act means the Road Transport Legislation 8
Amendment Act 2008. 9
toll offence has the same meaning as it has in section 250A. 10
78 Application of amendments 11
(1) Section 242, as amended by Schedule 5 [1] to the Amending Act, 12
does not apply in respect of any alleged toll offence that occurred 13
before that section was so amended. 14
(2) The amendments made by Schedule 5 [2] and [3] to the 15
Amending Act apply only in relation to legal proceedings 16
commenced on or after the commencement of the amendments 17
but extend to matters and events occurring before that 18
commencement. 19
(3) The amendments made by Schedule 5 [4] and [5] to the 20
Amending Act have effect in relation to proceedings for a toll 21
offence whether the proceedings were commenced before, on or 22
after the commencement of the amendments but not proceedings 23
determined before that commencement. 24
79 Existing approved toll cameras 25
An approval of a camera given by the Governor pursuant to the 26
definition of approved toll camera in section 250A (1) and in 27
force immediately before the commencement of the amendments 28
made by Schedule 5 [4] and [5] to the Amending Act is taken to 29
Page 17
Road Transport Legislation Amendment Bill 2008
Schedule 5 Amendment of Roads Act 1993 No 33
be an approval given by the Governor pursuant to that definition 1
as amended and qualified by those items. 2
[9] Dictionary 3
Insert in alphabetical order: 4
toll operator means: 5
(a) the RTA, or 6
(b) any other person who is declared by the Minister by order 7
published in the Gazette to be a toll operator in respect of 8
a tollway for the purposes of this definition. 9
toll point means the point designated by a toll operator (by signs 10
or otherwise) as the point at which the liability to pay a toll is 11
incurred for driving a motor vehicle on a tollway or a particular 12
lane of the tollway. 13
Page 18
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