New South Wales Consolidated Acts New South Wales Consolidated Acts(cf former Act, s 3, model provisions, s 6)
(1) In this Act:
"applicable road law" means:(a) Chapter 3 and Part 4.2, or(b) regulations made under Chapter 3 or Part 4.2, or(c) the Road Transport (Mass, Loading and Access) Regulation 2005 , or(d) regulations made under section 11B or 11C (except in Chapter 3, unless otherwise provided by the regulations), or(e) any other provision of the road transport legislation prescribed by the regulations for the purposes of this definition."applicable road law offence" means an offence against an applicable road law.
"approved road transport compliance scheme" means a scheme, agreement or arrangement that:(a) is prescribed by the regulations, or(b) is identified by, or is of a class identified by, the regulations,and that makes provision for compliance with and enforcement of any Australian applicable road laws, including (for example) a scheme, agreement or arrangement that provides for:(c) a system of accreditation-based compliance, or(d) an intelligent transport system, or(e) a system applying alternative legal entitlements to those otherwise applicable, such as one based on performance-based standards."associate" -see section 23.
"Australian applicable road law" means an applicable road law or a corresponding applicable road law.
"Australian applicable road law offence" means an offence against an Australian applicable road law.
"Australian authorised officer" means an authorised officer or a person appointed as an authorised officer under a corresponding applicable road law.
"Australian Authority" means the Authority or a corresponding Authority.
"Australian driver licence" has the same meaning as it has in the Road Transport (Driver Licensing) Act 1998 .
"Australian police officer" means:(a) a police officer, or(b) a member (however described) of the police force or police service of another jurisdiction."authorised officer" means:(a) a police officer, or(b) a person appointed as an authorised officer, or a class of persons appointed as authorised officers, under section 121 (Authorised officers), or(c) a person (or a person belonging to a class or description of persons) prescribed by the regulations."Authority" means the Roads and Traffic Authority.
"base" of a driver-see section 22 (Driver’s base).
"body corporate" includes the Crown in any capacity and any body or entity that is not an individual.
"capabilities" of a vehicle means the functional capabilities of the vehicle or any of its components, as determined by the vehicle’s manufacturer or by an Australian Authority, and includes:(a) its GCM and GVM, and(b) its speed capabilities."combination" means a group consisting of a motor vehicle connected to one or more other vehicles.
"commercial benefits penalty order" means an order under Division 4 of Part 3.5.
"compensation order" means an order under Division 1 of Part 5.5.
"compliance purposes" -see section 134.
"condition" includes a restriction.
"conduct" means an act, an omission to perform an act or a state of affairs.
"corresponding applicable road law" means a law of another jurisdiction corresponding, or substantially corresponding, to an applicable road law or a law of another jurisdiction that is declared under the regulations to be a corresponding applicable road law.
"corresponding Authority" means:(a) the Authority as defined in a corresponding applicable road law (except in the case of a jurisdiction for which a person is prescribed under paragraph (b)), or(b) a person prescribed by the regulations as the corresponding Authority for another jurisdiction for the purposes of this Act."corresponding law" means:(a) a law of another jurisdiction corresponding, or substantially corresponding, to this Act or a specified provision or provisions of this Act, or(b) a law of another jurisdiction that is declared under the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act or a specified provision or provisions of this Act."depot" includes a base of operations.
"drive" includes the following:(a) be in control of the steering, movement or propulsion of a vehicle,(b) in relation to a trailer, draw or tow the trailer,(c) ride a vehicle."driver" means any person driving a vehicle, and includes any person riding a cycle.
"driver" of a vehicle or combination includes:(a) a two-up driver of the vehicle or combination who is present in or near the vehicle or combination, and(b) a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit."driver licence" has the same meaning as it has in the Road Transport (Driver Licensing) Act 1998 .
"driver licence" means (in Parts 4.2 and 4.3 and section 230):(a) an Australian driver licence, or(b) a learner licence issued under a law in force in a State or internal Territory authorising the holder to drive a motor vehicle on a road."employee" means an individual who works under a contract of employment, apprenticeship or training.
"employer" means a person who employs persons under:(a) contracts of employment, apprenticeship or training, or(b) contracts for services."engage in conduct" means:(a) do an act, or(b) omit to perform an act."equipment", in relation to a vehicle or combination, includes tools, devices and accessories in or on the vehicle or combination.
"exercise" a function includes perform a duty.
"extract" from a record, device or other thing else means a copy of any information contained in the record, device or other thing.
"function" includes a power, authority or duty.
"garage address" of a vehicle means:(a) in the case of a heavy vehicle that is normally kept at a depot when not in use-the principal depot of the vehicle, or(b) in the case of a heavy vehicle that is not normally kept at a depot when not in use:(i) where the vehicle has only one registered operator-the home address of the registered operator, or(ii) where the vehicle has more than one registered operator-each of the home addresses of the registered operators, or(c) in the case of a vehicle that is not a heavy vehicle-the place nominated by the applicant for registration of the vehicle as the place where the vehicle is normally kept."GCM (gross combination mass)" of a vehicle means the greatest possible sum of the maximum loaded mass of the vehicle and of any vehicles that may be towed by it at the one time:(a) as specified by the vehicle’s manufacturer on an identification plate on the vehicle, or(b) as specified by the Authority if:"goods" includes:(i) a sum is not specified by the vehicle’s manufacturer on an identification plate on the vehicle, or(ii) a sum so specified on an identification plate is no longer appropriate because the vehicle has been modified.(a) animals (whether alive or dead), and(b) a container (whether empty or not),but does not include people, fuel, water, lubricants and equipment required for the normal operation of the vehicle or combination in which they are carried.
"GVM (gross vehicle mass)" of a vehicle means the maximum loaded mass of the vehicle:(a) as specified by the vehicle’s manufacturer on an identification plate on the vehicle, or(b) as specified by the Authority if:"heavy combination" means a combination that includes a heavy vehicle.(i) a mass is not specified by the vehicle’s manufacturer on an identification plate on the vehicle, or(ii) a mass so specified on an identification plate is no longer appropriate because the vehicle has been modified.
"heavy vehicle" means a motor vehicle or trailer that has a GVM greater than 4.5 tonnes, and includes:(a) a special purpose vehicle that has such a GVM, and(b) a passenger-carrying vehicle that has such a GVM."home address" of a person means:(a) in the case of an individual-the person’s residential address or place of abode in Australia, or(b) in the case of a body corporate that has a registered office in Australia-the address of the registered office, or(c) in any other case-the address of the person’s principal or only place of business in Australia."horse" includes any animal used for the carriage of persons or goods.
"infringement penalty" means a penalty imposed under a penalty notice or a notice of the same kind under an Australian applicable road law.
"intelligent transport system" means a system involving the use of electronic or other technology (whether located in or on a vehicle or combination, or on or near a road, or elsewhere) that has the capacity and capability to monitor, collect, store, display, analyse, transmit or report information relating to:(a) a vehicle or combination or its equipment or load, the driver of a vehicle or combination, the operator of a fleet of vehicles or combinations or another person involved in road transport, and(b) without limiting the above, the operation of a vehicle or combination in relation to its legal entitlements."journey documentation" means any documentation (other than transport documentation) directly or indirectly associated with:(a) the actual or proposed physical transport of goods or passengers by road or any previous transport of the goods or passengers by any mode, or(b) goods or passengers themselves so far as the documentation is relevant to their actual or proposed physical transport,whether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and whether or not the documentation relates to a particular journey or to journeys generally, and includes (without limiting this definition) any of the following:(c) records kept, used or obtained by a responsible person for a vehicle in connection with the transport of the goods or passengers,(d) workshop, maintenance and repair records relating to a vehicle or combination used, or claimed to be used, for the transport of the goods or passengers,(e) a subcontractor’s payment advice relating to the goods or passengers or the transport of the goods or passengers,(f) records kept, used or obtained by the driver of the vehicle or combination used, or claimed to be used, for the transport of the goods or passengers, including (for example) a driver’s run sheet, a log book entry, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records,(g) information reported through the use of an intelligent transport system,(h) driver manuals and instruction sheets,(i) advice in any form from check weighing performed before, during or after a journey."jurisdiction" means the Commonwealth or a State or Territory.
"learner licence" has the same meaning as it has in the Road Transport (Driver Licensing) Act 1998 .
"legal entitlements" of a vehicle or combination (or component of a vehicle or combination) means the particulars of the entitlements, conferred by or under an Australian applicable road law, that authorise the vehicle or combination (or component) to be operated on a road, and includes:(a) any entitlements arising under or as affected by a permit, authorisation, approval, exemption, notice or anything else given or issued in writing under such a law, and(b) any entitlements arising under or as affected by restrictions, or by the application of restrictions, under an Australian applicable road law or other laws (for example, sign-posted mass limits for bridges, hazardous weather condition permits, and special road protection limits), and(c) any entitlements arising under or as affected by an approved road transport compliance scheme."light rail vehicle" has the same meaning as it has in the Road Transport (Safety and Traffic Management) Act 1999 .
"load" of a vehicle or combination, or in or on a vehicle or combination, means:(a) all the goods, passengers and drivers in or on the vehicle or combination, and(b) all fuel, water, lubricants and readily removable equipment carried in or on the vehicle or combination and required for its normal operation, and(c) personal items used by a driver of the vehicle or combination, and(d) anything that is normally removed from the vehicle or combination when not in use,and includes a part of a load as so defined.
"major offence" means:(a) a crime or offence referred to in the definition of "convicted person" in section 188 (1), or(b) any other crime or offence that, at the time it was committed, was a major offence under this Act, the Road Transport (General) Act 1999 or the Traffic Act 1909 ."minor risk breach" of a mass, dimension or load restraint requirement-see section 31.
"motor vehicle" means a vehicle that is built to be propelled by a motor that forms part of the vehicle.
"night" means the period between sunset on one day and sunrise on the next day.
"owner":(a) in relation to a vehicle (including a vehicle in a combination)-means a person who:(i) is the sole owner, a joint owner or a part owner of the vehicle, or(ii) has possession or use of the vehicle under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else, or(b) in relation to a combination-means a person who:"passenger", in relation to a vehicle or combination, does not include a driver of the vehicle or combination or any person necessary for the normal operation of the vehicle or combination.(i) is the sole owner, a joint owner or a part owner of the towing vehicle in the combination, or(ii) has possession or use of the towing vehicle in the combination under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else.
"penalty notice" means a penalty notice issued under Part 5.3.
"premises" includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place.
"prescribed speeding offence" means an offence under the Road Transport (Safety and Traffic Management) Act 1999 (or regulations made under that Act) involving the use of a vehicle on a road at an excessive speed, being an offence that is prescribed by the regulations.
"public authority" means:(a) the Crown in any capacity, or(b) a body established by or under law, or the holder of an office established by or under law, for a public purpose, including a local government authority, or(c) a police force or police service."public place" includes a place:(a) of public resort open to or used by the public as of right, or(b) for the time being:(i) used for a public purpose, or(ii) open to access by the public,whether on payment or otherwise, or(c) open to access by the public by the express or tacit consent or sufferance of the owner of that place, whether the place is or is not always open to the public,but does not include:(d) a track that at the material time is being used as a course for racing or testing motor vehicles and from which other traffic is excluded during that use, or(e) a road, or(f) a place declared by the regulations not to be a public place."public safety" means the safety of persons or property, including the safety of:(a) the drivers of and passengers in vehicles and combinations, and(b) persons in or in the vicinity of (or likely to be in or in the vicinity of) roads, road infrastructure and public places, and(c) vehicles and combinations and any loads in or on them."reasonable steps defence" -see sections 87, 88 and 89.
"records" means any documents or documentation, whether in paper, electronic or any other form.
"registered", in relation to a vehicle, means registered under the Road Transport (Vehicle Registration) Act 1997 .
"registered operator":(a) in relation to a vehicle (including a vehicle in a combination)-means the person recorded by an Australian Authority on a register maintained in accordance with an Australian applicable road law as the person responsible for the vehicle, or(b) in relation to a combination-means the person recorded by an Australian Authority on a register maintained in accordance with an Australian applicable road law as the person responsible for the towing vehicle in the combination."registrable vehicle" has the same meaning as it has in the Road Transport (Vehicle Registration) Act 1997 .
"registration" of a vehicle means registration of the vehicle under an Australian applicable road law.
"responsible entity" in relation to a freight container-see section 63 (Meaning of “responsible entity”).
"responsible person" for a vehicle-see section 6.
"rider" of an animal includes a person having charge of the animal.
"road" means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.
"road infrastructure" includes:(a) a road, including its surface or pavement, and(b) anything under or supporting a road or its surface or pavement and maintained by a roads authority, and(c) any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road, and(d) any bridge or other work or structure located above, in or on a road and maintained by a roads authority, and(e) any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a)-(d), and(f) anything declared by the regulations to be included in this definition,but does not include anything declared by the regulations to be excluded from this definition.
"road related area" means:(a) an area that divides a road, or(b) a footpath or nature strip adjacent to a road, or(c) an area that is open to the public and is designated for use by cyclists or animals, or(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles, or(e) a shoulder of a road, or(f) any other area that is open to or used by the public and that has been declared under section 15 to be an area to which specified provisions of this Act or the regulations apply."road transport" or "transport by road" means the transport of goods or passengers by road by means of a vehicle or combination.
"road transport legislation" -see section 5.
"roads authority" has the same meaning as it has in the Roads Act 1993 .
"run" the engine of a vehicle or combination includes to start or stop the engine.
"severe risk breach" of a mass, dimension or load restraint requirement-see section 33.
"special purpose vehicle" means:(a) a vehicle (other than one declared by the regulations not to be a special purpose vehicle for the purposes of this definition) where the primary purpose for which it was built, or permanently modified, was not the carriage of goods or passengers, or(b) a vehicle declared by the regulations to be a special purpose vehicle for the purposes of this definition."specifications" of a vehicle means the physical dimensions and other physical attributes of the vehicle and its fittings.
"substantial risk breach" of a mass, dimension or load restraint requirement-see section 32.
"this jurisdiction" means New South Wales.
"trader’s plate" has the same meaning as it has in the Road Transport (Vehicle Registration) Act 1997 .
"traffic" includes vehicular traffic and pedestrian traffic and all other forms of road traffic.
"trailer" means a vehicle that:(a) is built to be towed, or is towed, by a motor vehicle, and(b) is not capable of being propelled in the course of normal use on roads without being towed by a motor vehicle,whether or not its movement is aided by some other power source, but does not include:(c) a motor vehicle being towed, or(d) anything declared by the regulations to be excluded from this definition."transport documentation" means:(a) any contractual documentation directly or indirectly associated with:(i) a transaction for or relating to the actual or proposed transport of goods or passengers by road or any previous transport of the goods or passengers by any mode, or(ii) goods or passengers themselves so far as the documentation is relevant to their actual or proposed transport, or(b) any associated documentation:whether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and includes (without limiting this definition) an invoice, vendor declaration, delivery order, consignment note, load manifest, export receival advice, bill of lading, contract of carriage, sea carriage document, or container weight declaration, relating to the goods or passengers.(i) contemplated in the contractual documentation, or(ii) required by law, or customarily provided, in connection with the contractual documentation or with the transaction,
"two-up driver" means a person accompanying a driver of a vehicle or combination on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey.
"use" of a vehicle includes standing the vehicle on a road.
"vehicle" means:(a) any description of vehicle on wheels (including a light rail vehicle) but not including any other vehicle used on a railway or tramway, or(b) any other vehicle prescribed by the regulations.
(2) A reference in a provision of this Act relating to the road transport legislation (other than this Act or the regulations) to an expression that is defined in the legislation includes, for the purposes of the application of the provision to the legislation, the expression as defined in the legislation.
(3) Each reference in this Act (except as provided by this Act) to a "road" includes a "road related area".