ROAD TRANSPORT (GENERAL) ACT 2005

New South Wales Consolidated Acts

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ROAD TRANSPORT (GENERAL) ACT 2005

- As at 11 November 2009
- Act 11 of 2005

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

PART 1.1 - INTRODUCTORY
Note

1. Name of Act
2. Commencement
3. Definitions
4. Notes
5. Meaning of road transport legislation
6. Responsible person for a vehicle
7. Rights, liabilities and obligations of multiple responsible persons
8. Act to bind Crown
9. Contracting out prohibited

PART 1.2 - REGULATIONS

10. Regulations
11. National road transport regulations
11A. Regulations relating to intelligent transport systems
11B. Regulations relating to fatigue management
11C. Regulations relating to speeding compliance
12. Regulations may provide that Roads Act 1993 does not apply in certain circumstances
13. Regulations may exclude vehicles, animals and persons from this Act or the regulations

CHAPTER 2 - SCOPE OF ACT

PART 2.1 - INTER-RELATIONSHIP BETWEEN ROAD TRANSPORT LEGISLATION AND OTHER LAW

14. General relationship with other laws

PART 2.2 - ALTERATION OF SCOPE OF OPERATION OF ROAD TRANSPORT LEGISLATION

15. Power to include or exclude areas in road transport legislation
16. Power to exclude vehicles, persons or animals from road transport legislation
17. Consultation required with Minister administering Motor Accidents Act 1988 in certain cases
18. Authority to maintain database of declarations and orders made under this Part

CHAPTER 3 - MASS, DIMENSION AND LOAD RESTRAINT REQUIREMENTS FOR VEHICLES

PART 3.1 - PRELIMINARY

19. Operation of this Chapter
20. Definitions
21. Operators
22. Driver’s base
23. Associates
24. Determining whether a breach “involves” risk
25. Meaning of “imminent” loss or shifting of load

PART 3.2 - MASS, DIMENSION, LOAD RESTRAINT AND OTHER RESTRICTIONS FOR VEHICLES

26. Regulations may impose restrictions
27. Excess permits
28. Mass requirements on certain roads and bridges etc
28A. Incremental pricing schemes

PART 3.3 - SPECIAL PROVISIONS-MASS, DIMENSION AND LOAD RESTRAINT REQUIREMENTS FOR HEAVY VEHICLES

Division 1 - Preliminary

29. Operation of this Part

Division 2 - Categorisation of breaches

Subdivision 1 - Categories of breaches

30. Categories generally
31. Minor risk breaches
32. Substantial risk breaches
33. Severe risk breaches

Subdivision 2 - Lower limits (for substantial or severe risk breaches of mass or dimension requirements)

34. Lower limits-mass breaches
35. Lower limits-width breaches
36. Lower limits-width breaches: overall width of vehicle or combination
37. Lower limits-height breaches
38. Lower limits-overall length breaches

Subdivision 3 - Recategorisation of certain breaches

39. Lower limits-width breaches: recategorisation of certain breaches
40. Lower limits-overall length breaches: recategorisation of certain breaches involving rear projections
41. Lower limits-dimension breaches: recategorisation of certain breaches involving dangerous projections

Subdivision 4 - Miscellaneous

42. Regulations for increasing lower limits
43. Special categorisation of breaches of requirements relating to dangerous projections
44. Other provisions for categorisation to prevail

Division 3 - Enforcement powers
Note

45. Minor risk breaches
46. Substantial risk breaches
47. Severe risk breaches
48. Detention of vehicles
49. Authorisation to continue journey where only minor risk breaches
50. Operation of directions in relation to combinations
51. Directions and authorisations to be in writing
52. Application of Division in relation to other directions

Division 4 - Liability for breaches of mass, dimension or load restraint requirements

53. Liability of consignor
54. Liability of packer
55. Liability of loader
56. Liability of operator
57. Liability of driver
58. Liability of consignee
59. Penalty levels: offences referred to in Table to Division
Table of penalties for mass, dimension and load restraint breaches

Division 5 - Sanctions

60. Matters to be taken into consideration by courts
61. Default categorisation

Division 6 - Container weight declarations

62. Application of Division
63. Meaning of “responsible entity”
64. Container weight declarations
65. Complying container weight declarations
66. Duty of responsible entity
67. Duty of operator
68. Duty of driver
69. Liability of consignee-knowledge of matters relating to container weight declaration

Division 7 - Recovery of losses resulting from non-provision of or inaccurate container weight declarations

70. Recovery of losses for non-provision of container weight declaration
71. Recovery of losses for provision of inaccurate container weight declaration
72. Recovery of amount by responsible entity
73. Assessment of monetary value or attributable amount
74. Costs

Division 8 - Transport documentation

75. False or misleading transport documentation: liability of consignor, packer, loader, receiver and others

Division 9 - Concessions

76. Definitions
77. Offence of contravening condition
78. Effect of contravening condition-prosecutions or other action
79. Operation of Division

PART 3.4 - PROCEEDINGS FOR OFFENCES FOR MASS, LOADING AND DIMENSION REQUIREMENTS

Division 1 - Liability of registered operators and owners

80. Liability of registered operators and owners
81. Complicity and common purpose (aiding and abetting)
82. Causing or permitting
83. Coercing, inducing or offering incentive

Division 2 - Defences

84. Sudden or extraordinary emergency
85. Lawful authority
86. Other defences

Division 3 - Reasonable steps defence

87. Reasonable steps defence for mass requirements: drivers, operators and owners
88. Reasonable steps defence for other mass, dimension and load restraint requirements
89. Reasonable steps defence-reliance on container weight declaration
90. Defence of mistaken and reasonable belief not available for specified offences

Division 4 - Other special defences

91. Meaning of “deficiency concerning a vehicle or combination”
92. Special defence for all owners or operators
93. Special defence for drivers, owners and operators of light vehicles
94. Special defence for drivers
95. Special defence of compliance with direction

Division 5 - Fines

96. Provisions relating to first offences and second or subsequent offences

PART 3.5 - ADDITIONAL SANCTIONS FOR HEAVY VEHICLE OFFENCES

Division 1 - Preliminary

97. Operation of Part
98. Penalties imposed by courts

Division 2 - Improvement notices

99. Definition
100. Improvement notices
101. Contravention of improvement notice
102. Amendment of improvement notices
103. Cancellation of improvement notices
104. Clearance certificates

Division 3 - Formal warnings

105. Formal warnings
106. Withdrawal of formal warnings

Division 4 - Commercial benefits penalty orders

107. Commercial benefits penalty orders

Division 5 - Registration sanctions

108. Power to affect vehicle registration

Division 6 - Supervisory intervention orders

109. Supervisory intervention orders
110. Contravention of supervisory intervention order

Division 7 - Prohibition orders

111. Prohibition orders
112. Contravention of prohibition order

PART 3.6 - GENERAL

113. Effect of administrative actions of authorities of other jurisdictions
114. Effect of court orders of other jurisdictions
115. Declared zones and routes
116. Dismissal or other victimisation of employee or contractor assisting with or reporting breaches
117. Confidentiality
118. False or misleading information provided to responsible persons
119. Authority may provide information to corresponding Authorities
120. Exemption from liability

CHAPTER 4 - INVESTIGATION POWERS RELATING TO ROAD TRANSPORT LEGISLATION

PART 4.1 - AUTHORISED OFFICERS

121. Authorised officers
122. Exercise of powers by authorised officers
123. Delegation
124. Identification cards
125. Production of identification
126. Return of identification cards
127. Reciprocal powers of officers
128. Authority may exercise powers of authorised officers
129. Amendment or revocation of directions or conditions

PART 4.2 - INVESTIGATION POWERS FOR CERTAIN LAWS

Division 1 - Preliminary

130. Application of Part
131. Meaning of qualified, fit or authorised to drive or run engine
132. Meaning of unattended vehicle or combination and driver of disconnected trailer
133. Meaning of broken down vehicle or combination
134. Meaning of compliance purposes

Division 2 - Directions to stop, move or leave vehicles or combinations

135. Application of Division
136. Direction to stop vehicle or combination: to enable exercise of other powers
137. Direction to move vehicle or combination: to enable exercise of other powers
138. Direction to move vehicle or combination: where danger or obstruction
139. Direction to leave vehicle or combination
140. Manner of giving directions under this Division

Division 3 - Power to move unattended or broken down vehicles or combinations

141. Moving unattended vehicle or combination: to enable exercise of other functions
142. Moving unattended or broken down vehicle or combination: where danger or obstruction
143. Operator’s authorisation not required for driving under this Division

Division 4 - Powers of inspection and search
Note

144. Power to inspect vehicle or combination on a road, public place or certain official premises
145. Power to search vehicle or combination on a road, public place or certain official premises
146. Additional vehicle search powers relating to fatigue offences
147. Power to inspect premises
148. Power to search premises
149. Residential purposes

Division 5 - Other directions

150. Direction to produce records, devices or other things
151. Direction to give name and other personal details in cases relating to heavy vehicle offences
152. Direction to provide information
153. Direction to provide reasonable assistance for powers of inspection and search
154. Provisions relating to running engine
154A. Directions relating to driver fatigue
155. Manner of giving directions under this Division
156. Directions to state when to be complied with

Division 6 - Search warrants

157. Warrants

Division 7 - Other provisions regarding inspections and searches

158. Use of assistants and equipment
159. Use of equipment to examine or process things
160. Use or seizure of electronic equipment

Division 8 - Other provisions regarding seizure

161. Receipt for and access to seized material
162. Embargo notices

Division 9 - Miscellaneous

163. Power to use force against persons to be exercised only by police officers
164. Consent
165. Directions may be given under more than one provision
166. Restoring vehicle, combination or premises to original condition after action taken
167. Protection from incrimination
168. Providing evidence to other authorities
169. Obstructing or hindering authorised officers
170. Impersonating authorised officers

PART 4.3 - IDENTITY POWERS

171. Authorised officer may require production of driver licence and name and address from driver or rider
172. Authorised officer may require production of driver licence and name and address from certain passengers
173. Authorised officer may require responsible person for vehicle and others to disclose identity of driver who commits offence
174. Production of driver licence to court
175. Unauthorised demand for production of driver licence

CHAPTER 5 - ENFORCEMENT OF ROAD TRANSPORT LEGISLATION

PART 5.1 - LIABILITY FOR OFFENCES

176. Multiple offenders
177. Double jeopardy
178. Liability of directors, partners, employers and others for offences by bodies corporate, partnerships, associations and employees
179. Liability of responsible person for vehicle for designated offences

PART 5.2 - PROCEEDINGS FOR OFFENCES

180. Proceedings for offences
181. Period within which proceedings for operator onus offences may be commenced
182. Period within which proceedings for certain mass, dimension and load offences may be commenced

PART 5.3 - PENALTY NOTICES

183. Penalty notices for certain offences
184. Service of penalty notices
185. Payment of penalty notices
186. Effect of Part on other kinds of proceedings

PART 5.4 - SANCTIONS RELATING TO LICENCES

Division 1 - Licence disqualification

187. Court may impose penalty and disqualify driver on conviction
188. Disqualification for certain major offences
189. Effect of disqualification

Division 2 - Use of interlock devices as alternative to disqualification

190. Definitions
191. Division does not apply to habitual traffic offenders
192. Disqualification period may be suspended for participation in interlock program
193. When person may participate in interlock program
194. Entitlement to apply for interlock driver licence
195. When disqualification suspension order has effect
196. Participation in an interlock program
197. Effect of successful participation in interlock program

Division 3 - Habitual traffic offenders

198. Relevant offences
199. Declaration of persons as habitual traffic offenders
200. Warning to be given to persons liable to be declared habitual traffic offenders
201. Period of disqualification of habitual traffic offender
202. Quashing of declaration and bar against appeals
203. Disqualification in addition to any other penalty

Division 4 - Suspension of licences and visiting driver privileges

204A. Definitions
204. Suspension of licence by Commissioner of Police
205. Immediate suspension of licence in certain circumstances
206. Suspension of driving privileges of visiting driver

Division 5 - Downgrading of licences

207. Downgrading of driver licences

PART 5.5 - OTHER SANCTIONS

Division 1 - Compensation orders

208. Court may order compensation for damages and other losses
209. Compensation for loss of time
210. Compensation orders for damage to road infrastructure
211. Assessment of compensation
212. Service of certificates
213. Limits on amount of compensation
214. Costs
215. Enforcement of compensation order and costs
216. Relationship with orders or awards of other courts and tribunals

Division 2 - Detention, wheel clamping, impounding and forfeiture of vehicles

217. Definitions
218. Removal or production of vehicles used for certain offences for clamping, impounding or forfeiture
219. Impounding, clamping or forfeiture of vehicles on finding of guilt of driver who is a registered operator of the vehicle
219A. Impounding, clamping or forfeiture of vehicles on finding of guilt of driver who is not the registered operator of the vehicle
219B. Suspension warning notices
219C. Clamping agents
219D. Identification of clamping agents
219E. Return of identification cards
219F. Fees for clamping of motor vehicles
219G. Offence relating to wheel clamping
220. Registered operator and interested persons to be notified
221. Retention of motor vehicle impounded, and period of clamping, under section 218
222. Retention of motor vehicle impounded or forfeited under section 219
223. Release of impounded vehicle or removal of clamps
224. Release of motor vehicle on application to Local Court
225. Safe keeping of motor vehicles
225A. Protection from liability with respect to clamping, impounding and crash testing
226. Failure to prosecute
227. Disposal and crash testing of vehicles
228. Search warrants

PART 5.6 - EVIDENTIAL PROVISIONS

229. Application of Part
230. Certificate evidence
231. Proof of appointments and signatures unnecessary
232. Vicarious responsibility
233. Averments
234. Evidence regarding measuring and weighing
235. Evidence regarding weighing
236. Evidence regarding manufacturer’s ratings
237. Evidence not affected by nature of vehicle or combination
238. Transport documentation and journey documentation

CHAPTER 6 - MISCELLANEOUS

PART 6.1 - GENERAL

239. Service of documents on persons generally
240. Lodgment of documents with Authority
241. Review by Administrative Decisions Tribunal of certain decisions made under road transport legislation
242. Alternate appeal rights to Local Court
243. Indemnity from personal liability for honest and good faith carrying out of duties
244. Unpaid charges and fees
244A. Application of OH&S legislation
245. Savings, transitional and other provisions
246. Repeals
247. (Repealed)
248. Review of Act

PART 6.2 - MISCELLANEOUS PROVISIONS CONCERNING VEHICLES AND ROADS

Division 1 - Unauthorised use of vehicles

249. Motor vehicles or trailers not to be used without consent of owner
250. Procuring or hire of motor vehicle or trailer by fraud or misrepresentation

Division 2 - Written off and wrecked motor vehicles

251. Object of this Division
252. Definitions
253. Meaning of “wrecked”
254. Meaning of “written off”
255. Register of written off and wrecked motor vehicles
256. Insurers to provide written off motor vehicle information to Authority
257. Auto-dismantlers to provide wrecked motor vehicle information to Authority
258. Dealers to provide motor vehicle information to Authority
259. Regulations may extend obligation to provide information under this Division to others
260. Unauthorised access to or interference with register
261. Unauthorised disclosure of information
262. Removal of vehicle identifiers
263. Authority may refuse to register motor vehicle that has written off or wrecked vehicle identifier
264. Variations to Division
265. Exemptions

Division 3 - (Repealed)
None
SCHEDULE 1
SCHEDULE 2
Schedule 3 (Repealed)

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