ROAD TRANSPORT ACT 2013 - As at 30 October 2023 - Act 18 of 2013
- As at 30 October 2023 - Act 18 of 2013Table of Provisions
CHAPTER 1 - PRELIMINARY
PART 1.1 - INTRODUCTORY
PART 1.2 - INTERPRETATION
- 4 Definitions
- 5 References to "road" generally include "road related area"
- 6 Meaning of "road transport legislation"
- 7 Meaning of terms relating to registration
- 8 Meaning of terms relating to registered operators
- 9 Determination of "first offence" and "second or subsequent offence"
- 10 Meaning of "responsible person" for a vehicle
- 11 Rights, liabilities and obligations of multiple responsible persons
- 12 Application of Acts Interpretation Act 1901 (Cth)
- 13 Notes
PART 1.3 - APPLICATION
Division 1 - General
- 14 General relationship with other laws
- 15 Statutory rules may disapply roads legislation in certain circumstances
- 16 Contracting out prohibited
- 17 Act to bind Crown
Division 2 - Alteration of scope of operation of road transport legislation
- 18 Power of Minister to include or exclude areas
- 19 Power of Minister to exclude vehicles, persons or animals
- 20 Minister to consult before making certain declarations
- 21 Statutory rules may exclude vehicles, animals and persons 22. (Repealed)
CHAPTER 2 - STATUTORY RULES
- 23 General power to make regulations and rules
- 24 Examples of statutory rule-making powers
- 25 Incorporation of documents and modification of definitions
- 26 Offences in the statutory rules and certificate evidence
CHAPTER 3 - DRIVER LICENSING
PART 3.1 - GENERAL FUNCTIONS OF TFNSW IN RELATION TO DRIVER LICENSING
- 27 Maintenance of NSW driver licence register and other functions
- 28 TfNSW not to issue or renew licence in certain circumstances
- 29 Mutual recognition
- 30 Security of information in registers
PART 3.2 - DEMERIT POINTS SYSTEM
Division 1 - NSW demerit points register and offences
- 31 NSW demerit points register
- 32 Offences for which demerit points are incurred
- 32A Demerit points reduction trial
Division 2 - Consequences for unrestricted licence holders who incur demerit points
- 33 Suspension of licence
- 34 Consequences in relation to licence applications
- 35 Licence ineligibility
- 36 Driver may elect to be of good behaviour as alternative
- 37 Deletion of demerit points
- 38 Suspension of licence--graffiti licence orders
Division 3 - Consequences for learner or provisional licence holders who incur demerit points
- 39 Consequences generally
- 40 Suspension or cancellation of licence
- 41 Licence ineligibility
- 41A Deletion of demerit points
Division 4 - General matters relating to demerit points
- 42 Determining demerit thresholds where combined licences are held
- 43 Demerit points penalties
- 43A Consequences for repeated incurring of threshold number of demerit points
PART 3.3 - INTERLOCK DEVICES
- 44 Definitions
- 45 Meaning of "approved interlock device"
- 46 Meaning of "accredited interlock service provider"
- 47 Statutory rules concerning installation, maintenance and use of interlock devices
- 48 Financial assistance for use of approved interlock devices
PART 3.4 - OFFENCES CONCERNING DRIVER LICENSING
Division 1 - Unlawfully obtaining or using licences
- 49 Obtaining driver licence by false statements
- 50 Unlawful possession of driver licence
- 51 Unlawful alteration or use of licence
- 52 Seizure of driver licences
Division 2 - Driving without appropriate licence
- 53 Driver must be licensed
- 54 Driving or making licence applications while disqualified or licence suspended or cancelled
PART 3.5 - PROTECTION OF STORED PHOTOGRAPHS
- 55 Photographs to which this Part applies
- 56 Purposes for which photographs may be kept and used
- 57 Release of photographs prohibited
PART 3.6 - OTHER PROVISIONS RELATING TO DRIVER LICENSING
- 57A Inclusion of boat driving licences on driver licences
- 58 Additional matters relating to identity
- 59 Cancellation or suspension of driver licence for certain speeding offences or alcohol or other drug related driving offences
- 60 Effect of expiry of driver licence during a suspension period
- 61 Evidence that person is professional driver
PART 3.7 - DIGITAL DRIVER LICENCES
- 61A Definitions
- 61B Application for digital driver licence
- 61C Use of digital driver licence
- 61D Surrender of digital driver licence
- 61E Release of information for digital driver licences 61F, 61G. (Repealed)
CHAPTER 4 - VEHICLE REGISTRATION
PART 4.1 - REGISTRATION SYSTEM FOR VEHICLES
Division 1 - Functions and powers of TfNSW
Division 2 - NSW registrable vehicles register
- 64 Maintenance of NSW registrable vehicles register
- 65 TfNSW not to register registrable vehicles based outside this jurisdiction
Division 3 - Devices, plates and documents
- 66 Special number-plates
- 67 Ownership of devices, plates or documents
- 67A Transfer of ownership of heavy vehicle number-plates to authority of another jurisdiction
PART 4.2 - OFFENCES CONCERNING VEHICLE REGISTRATION
Division 1 - General offences
- 68 Prohibition on using unregistered registrable vehicles
- 69 False statements
- 70 Obligations of registered operators
- 71 Offences relating to identification numbers of engines and other vehicle parts
Division 2 - Offences involving interstate number-plates and vehicles
- 72 Definitions
- 73 Affixing of interstate number-plates on registrable vehicles in this jurisdiction
- 74 Operating interstate registered vehicles in this jurisdiction
- 75 Direction to provide documents concerning use of interstate registered vehicles
PART 4.3 - DEFECTIVE VEHICLES
- 76 Defective registrable vehicles
- 77 Using registrable vehicles contrary to conditions or prohibitions under section 76
- 78 Use of dangerously defective motor vehicles
PART 4.4 - POWERS IN RELATION TO REGISTRABLE VEHICLES
- 79 Power to seize unregistered vehicles
- 80 Power of entry to inspect damaged vehicles
- 81 Seizure of number-plate
PART 4.5 - WRITTEN-OFF LIGHT VEHICLES
Division 1 - Preliminary
Division 2 - Restrictions on registration of certain written-off light vehicles
- 83 NSW written-off light vehicles register
- 84 Registration of written-off light vehicles
- 85 TfNSW must refuse certain applications for authorisations
- 86 Applications for authorisations
Division 3 - Assessment of damaged light vehicles
- 87 Definitions
- 88 Notifiable light vehicles
- 89 Light vehicles that are a total loss
- 90 Assessments as to whether a light vehicle is a total loss
- 91 Factors relevant to assessments
- 92 Provision of results of assessments
- 93 Information about written-off and demolished light vehicles
- 94 Maintenance of records
- 95 False assessments
- 96 Removal of vehicle identifiers
- 97 Duty to attach written-off light vehicle warning label
Division 4 - General
- 98 Light vehicle certificates of compliance
- 99 Access to NSW written-off light vehicles register
- 100 Interference with NSW written-off light vehicles register
- 101 Unauthorised disclosure of information
- 102 Certificate evidence
- 103 Statutory rules concerning written-off light vehicles
- 104 Determination of first offences and second and subsequent offences against this Part
PART 4.5A - WRITTEN-OFF HEAVY VEHICLES
Division 1 - Preliminary
Division 2 - Restrictions on registration of certain written-off heavy vehicles
- 104B NSW written-off heavy vehicles register
- 104C Registration of written-off heavy vehicles
Division 3 - Assessment of damaged heavy vehicles
- 104D Definitions
- 104E Notifiable heavy vehicles
- 104F Heavy vehicles that are a total loss
- 104G Assessments as to whether a heavy vehicle is a total loss
- 104H Factors relevant to assessments
- 104I Provision of results of assessments
- 104J Information about written-off and demolished heavy vehicles
- 104K Maintenance of records
- 104L False assessments
- 104M Removal of vehicle identifiers of heavy vehicles
- 104N Duty to attach written-off heavy vehicle warning label
Division 4 - General
- 104O Heavy vehicle certificates of compliance
- 104P Access to NSW written-off heavy vehicles register
- 104Q Interference with NSW written-off heavy vehicles register
- 104R Unauthorised disclosure of information
- 104S Certificate evidence
- 104T Statutory rules concerning written-off heavy vehicles
- 104U Determination of first offences and second and subsequent offences against this Part
PART 4.6 - OTHER PROVISIONS RELATING TO VEHICLE REGISTRATION
- 105 Status of unregistered vehicles having permits
- 106 Fees for registration of vehicles of Crown and NSW Government agencies
CHAPTER 5 - SAFETY AND TRAFFIC MANAGEMENT
PART 5.1 - ALCOHOL AND OTHER DRUG USE
Division 1 - Interpretation
- 107 Definitions
- 108 Prescribed concentrations of alcohol
- 109 Measurement of alcohol concentrations
Division 2 - Offences involving alcohol or other drugs
- 110 Presence of prescribed concentration of alcohol in person's breath or blood
- 111 Presence of certain drugs (other than alcohol) in oral fluid, blood or urine
- 111A Presence of both prescribed illicit drug in person's oral fluid, blood or urine and prescribed concentration of alcohol in person's breath or blood
- 112 Use or attempted use of a vehicle under the influence of alcohol or any other drug
- 113 Detention of vehicle in certain cases
- 114 Testing for alcohol and other drug use
PART 5.2 - SPEEDING AND OTHER DANGEROUS DRIVING
Division 1 - Speeding and other dangerous driving offences
- 115 Races, attempts on speed records and other speed trials
- 116 Conduct associated with road and drag racing and other activities
- 117 Negligent, furious or reckless driving
- 118 Menacing driving
Division 2 - Speed measuring evasion articles
- 119 Sale, purchase or use of prohibited speed measuring evasion articles
- 120 Surrender and forfeiture of prohibited speed measuring evasion articles
PART 5.3 - TRAFFIC CONTROL AND MONITORING
Division 1 - Interpretation
Division 2 - Use of prescribed traffic control devices
- 122 Appropriate authority for the purposes of this Division
- 123 Unauthorised prescribed traffic control devices
- 124 Removal of unauthorised prescribed traffic control devices
- 125 Cost of removal of prescribed traffic control device
- 126 Prescribed traffic control devices generally presumed to be lawful
Division 3 - Use of average speeds to prove speeding offences
- 127 Definitions
- 128 When Division may be relied on
- 129 Evidence and other matters that may be relied on
- 130 How average speed is to be calculated
- 131 How average speed limit is to be calculated
- 132 Certificate evidence concerning average speed calculations
- 133 Relationship of Division with other laws
Division 4 - Approval of traffic enforcement devices
- 134 Approval of devices by Governor
Division 5 - Use of evidence obtained from approved traffic enforcement devices
- 135 Definitions
- 136 Evidence of speed recorded by speed measurement devices
- 136A Evidence of vehicle dimension by dimension measurement device
- 137 Certificates concerning reliability of speed measurement devices
- 137A Certificates concerning reliability of dimension measurement devices
- 138 Admissibility of photographs taken by devices--generally
- 139 Admissibility of photographs taken by devices--unauthorised vehicle use offences
- 139A Admissibility of photographs taken by devices (other than a device approved for mobile phone use offences) for mobile phone use offences
- 140 Evidence of accuracy and reliability not required if certificate tendered
- 141 Rebuttal of evidence concerning operation of approved traffic enforcement devices
PART 5.4 - VEHICLE USE AND TRAFFIC SAFETY
Division 1 - Dangers and obstructions to traffic
- 142 Removal of dangers and obstructions to traffic
- 143 Removal of unattended motor vehicles or trailers from certain places
- 144 Removal of vehicles--incidental provisions relating to towing
Division 2 - Traffic safety
- 145 Offences involving death, injury or damage resulting from unsafe loads
- 146 Offence of failing to stop and assist after impact causing injury
Division 3 - Unauthorised use of vehicles
- 147 Motor vehicles or trailers not to be used without owner consent
- 148 Procuring or hiring of motor vehicle or trailer by fraud or misrepresentation
PART 5.5 - MISCELLANEOUS POLICE POWERS RELATING TO VEHICLES AND TRAFFIC
Division 1 - Regulation of traffic
- 148A Police may give reasonable directions for traffic regulation
- 148B Police may temporarily close road or road related area to traffic
Division 2 - Other police powers relating to vehicles
- 148C Use of tyre deflation devices
- 148D Power of entry for tracing stolen motor vehicles or trailers or their parts
Division 3 - Powers to prevent intoxicated drivers from driving
- 148E Power to prevent driving by persons who are under the influence of alcohol or other drugs
- 148EA Additional power to prevent driving by persons who are under the influence of alcohol or other drugs following failure to submit to (or pass) sobriety assessment
- 148F Power to prevent persons who are under the influence of alcohol or other drugs supervising learner drivers
- 148G Power to prevent driving by persons who have failed oral fluid test or refused or failed to undergo oral fluid test or refused to provide oral fluid sample
- 148H Power to prevent persons who have failed oral fluid test or refused or failed to undergo oral fluid test or refused to provide oral fluid sample supervising learner drivers
- 148I Detention of keys or vehicles may be continued
- 148J Offence to contravene prohibition or requirement
- 148K Expenses incurred in connection with Division
PART 5.6 - AUTOMATED VEHICLE TRIALS
- 148L Definitions
- 148M Objects of Part
- 148N Approval of trials
- 148O Registration of trial vehicles
- 148P Insurance
- 148Q Vehicle supervisor
- 148R Provision of information
- 148S Meaning of driver or person in charge of automated vehicle
- 148T Offence of interfering with a trial or a trial vehicle
- 148U Delegation
- 148V Statutory rules may make provision for approved trials
CHAPTER 6 - ROAD TRANSPORTATION
PART 6.1 - MONITORING OF HEAVY VEHICLES AND VEHICLES CARRYING DANGEROUS GOODS
- 149 Definitions
- 150 Application of this Part
- 151 Vehicles to be fitted with monitoring devices in working order
- 152 Vehicle movement record to be preserved
- 153 Vehicle movement record to be carried by driver
- 154 Inspection of monitoring devices and records carried on vehicles
- 155 Seizure of monitoring devices and records
- 156 Production of records by responsible persons
- 157 Tampering with monitoring devices or vehicle movement records
- 158 Exemptions
- 159 Evidence of vehicle movement record
PART 6.2 - SPEED LIMITING OF HEAVY VEHICLES
- 160 Definition
- 161 Application of Part
- 162 Vehicles to be speed limited
- 163 Certificate evidence of speed limiter compliance
- 164 Photographic evidence of speed of vehicle
- 165 Liability of offender for speeding offence and evidence of speed unaffected
CHAPTER 7 - COMPLIANCE AND ENFORCEMENT
PART 7.1 - AUTHORISED OFFICERS
- 166 Authorised officers
- 167 Exercise of powers by authorised officers
- 168 Identification cards 169. (Repealed)
- 169A Direction to stop vehicle or combination: to enable exercise of other powers
- 169B Power to require production of information
- 170 Return of identification cards
- 171 Reciprocal powers of officers
- 172 Amendment or revocation of directions or conditions
- 173 Offences--obstructing, hindering or impersonating authorised officer
PART 7.2 - IDENTITY POWERS
- 174 Expanded meaning of "driver"
- 175 Requirement for driver or rider to produce Australian driver licence and state name and address
- 176 Requirement for passenger to produce Australian driver licence and state name and address
- 177 Requirement for responsible person to disclose driver identity
- 178 Production of relevant Australian driver licence to court
- 179 Unauthorised demand for production of relevant Australian driver licence
PART 7.3 - CRIMINAL RESPONSIBILITY
Division 1 - Liability for offences generally
180. (Repealed)- 181 Double jeopardy
- 182 Liability of directors etc for offences by corporation--accessory to commission of offences
Division 2 - Liability for camera recorded offences and parking offences
- 183 Definitions
- 184 Responsible person for vehicle taken to have committed designated offences
- 185 When responsible person not liable for parking offence
- 186 Duty to inform if person not driver of vehicle committing camera recorded offence
- 187 When responsible person for vehicle not liable for camera recorded offence
- 188 Offences relating to nominations
- 189 Nominations by responsible persons
- 190 Use of statutory declarations as evidence
- 191 Application of this Division to average speed detected offences
- 192 Further identity information from nomination information provider
- 193 Liability of actual offender unaffected
- 194 Division does not derogate from any other law
Division 3 - Penalty notices
- 195 Penalty notices 196-199. (Repealed)
Division 4 - Proceedings for offences
- 200 Proceedings for offences
- 201 Period within which proceedings for operator onus offences may be commenced
- 202 Period within which certain other proceedings may be commenced
- 203 Section 10 of Crimes (Sentencing Procedure) Act 1999 not applicable in certain circumstances
PART 7.4 - SANCTIONS CONCERNING LICENCES
Division 1 - Licence disqualification
- 204 Court may disqualify driver on conviction
- 205 Disqualification for certain major offences
- 205A Disqualification for certain unauthorised driving offences
- 206 Bringing forward of consecutive disqualification periods to avoid orphan periods
- 206A Effect of imprisonment on period of disqualification
- 206B Effect of immediate or other licence suspension on period of disqualification
- 207 Effect of disqualification
- 207A Commencement of disqualification
Division 2 - Mandatory alcohol interlock program
- 208 Application of Division
- 209 Definitions
- 210 Sanctions with respect to mandatory interlock offences
- 211 Mandatory interlock orders
- 212 Interlock exemption orders
- 213 Conversion of disqualification period of offender to whom interlock exemption order applies into interlock period
- 214 Dangerous driving offences in respect of which interlock orders may be made
- 215 Participation in an interlock program
- 215A Effect of completion of interlock period
- 215B Entitlement to apply for interlock driver licence
Division 3 - (Repealed)
NoneDivision 3A - Removal of licence disqualifications
- 221A Definitions
- 221B Local Court may remove licence disqualifications after relevant offence-free period
- 221C Application for removal of licence disqualifications
- 221D Disqualified persons not eligible to apply for removal of licence disqualification
- 221E Rehearing of order removing licence disqualifications--undisclosed offences during relevant offence-free period
- 221F Rehearing of order removing licence disqualifications--never-eligible offences
Division 4 - Suspension of licences and visiting driver privileges
- 222 Definitions
- 223 Suspension of licence by Commissioner of Police
- 223A Suspension of foreign driver
- 224 When immediate licence suspension notice may be issued by police officer
- 225 Effect of immediate licence suspension notice
Division 5 - Downgrading of licences
- 226 Downgrading of driver licences
PART 7.5 - COMPENSATION ORDERS
- 227 Court may order compensation for damages and other losses
- 228 Compensation for loss of time 229. (Repealed)
- 230 Assessment of compensation
- 231 Service of certificates
- 232 Limits on amount of compensation
- 233 Costs
- 234 Enforcement of compensation order and costs
- 235 Relationship with orders or awards of other courts and tribunals
PART 7.6 - SANCTIONS CONCERNING VEHICLES
Division 1 - General
- 236 Object and effect of Part
- 237 Definitions
Division 2 - Additional sanctions for certain offences
- 238 When additional sanctions may be imposed
- 239 Sanctions that may be imposed
- 239A Extension of additional sanction to corporation owned motor vehicles
- 240 Production notices
- 241 Powers and duties relating to seizure of motor vehicles and removal of number-plates
- 242 Removal, impounding and production of vehicle
- 243 Failure to comply with production notice
- 244 Number-plate and other offences
- 245 Forfeiture of vehicles on finding of guilt of offending operator
- 246 Commutation of forfeiture
- 247 Interested persons to be notified
- 248 Retention of motor vehicle impounded or number-plates confiscated under this Part
- 249 Early release of motor vehicle and number-plates on application to Local Court
- 250 Release of impounded vehicle and number-plates
- 251 Safe keeping of motor vehicles
- 252 Disposal and crash testing of vehicles
- 253 Protection from liability with respect to impounding, removal of number-plates and crash testing and other matters
- 254 Failure to prosecute
- 255 Search warrants
PART 7.7 - EVIDENTIAL PROVISIONS
- 256 Application of Part
- 257 Certificate evidence
- 258 Proof of appointments and signatures unnecessary
- 259 Vicarious responsibility
- 260 Averments
- 261 Evidence regarding measuring and weighing
- 262 Evidence regarding weighing
- 263 Evidence regarding manufacturer's ratings
- 264 Evidence not affected by nature of vehicle or combination 265. (Repealed)
PART 7.8 - APPEALS AND APPLICATIONS TO LOCAL COURT
- 266 Definitions
- 267 Appealable decisions may be appealed to Local Court
- 268 Determination of appeals against appealable decisions
- 269 Statutory rules may make provision for appeals and original applications
- 270 Finality of decisions
CHAPTER 8 - MISCELLANEOUS
- 271 Fixing fees for services concerning driver licensing and vehicle registration
- 271A National Facial Biometric Matching Capability
- 272 Power to repeal, revoke or make changes to approvals etc under this Act
- 273 Delegation of functions under road transport legislation
- 274 Unpaid fees and charges
- 275 Indemnity from personal liability for carrying out duties honestly and in good faith
- 276 Service of documents on persons generally
- 277 Lodgment of documents with TfNSW
- 277A Use of information in registers
- 278 Form of registers
- 278A References to holder of driver licence in other Acts or laws
- 279 Preliminary discovery of information for recovery of private car park fees
- 279A Reports on liability of corporations for camera recorded offences
- 280 Review of Act