New South Wales Consolidated Acts

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ROAD TRANSPORT ACT 2013

- As at 27 June 2017
- Act 18 of 2013

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1.1 - INTRODUCTORY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act

   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.     Database of declarations and orders made under this Division

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 AUTHORITY IN RELATION TO DRIVER LICENSING

   27.     Maintenance of NSW driver licence register and other functions
   28.     Authority 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

           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

           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.     Offences by disqualified drivers or drivers whose licences are 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
   60.     Effect of expiry of driver licence during a suspension period
   61.     Evidence that person is professional driver

   PART 3.7 - DIGITAL DRIVER LICENCE TRIAL

   61A.    Definitions
   61B.    Purpose of the digital driver licence trial
   61C.    Duration of digital driver licence trial
   61D.    Use of digital driver licence
   61E.    Participation subject to conditions
   61F.    Security of digital driver licences
   61G.    Delegation

CHAPTER 4 - VEHICLE REGISTRATION

   PART 4.1 - REGISTRATION SYSTEM FOR VEHICLES

           Division 1 - Functions and powers of Authority

   62.     Functions of Authority
   63.     Powers of Authority

           Division 2 - NSW registrable vehicles register

   64.     Maintenance of NSW registrable vehicles register
   65.     Authority 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

   PART 4.2 - OFFENCES CONCERNING VEHICLE REGISTRATION

           Division 1 - General offences

   68.     Prohibition on using unregistered registrable vehicles
   69.     Obtaining registration or unregistered vehicle permits by 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 VEHICLES

           Division 1 - Preliminary

   82.     Definitions

           Division 2 - Restrictions on registration of certain written-off vehicles

   83.     NSW written-off vehicles register
   84.     Registration of written-off vehicles
   85.     Authority must refuse certain applications for authorisations
   86.     Applications for authorisations

           Division 3 - Assessment of damaged vehicles

   87.     Definitions
   88.     Notifiable vehicles
   89.     Vehicles that are a total loss
   90.     Assessments as to whether a vehicle is a total loss
   91.     Factors relevant to assessments
   92.     Provision of results of assessments
   93.     Information about written-off and demolished vehicles
   94.     Maintenance of records
   95.     False assessments
   96.     Removal of vehicle identifiers
   97.     Duty to attach written-off warning label to written-off vehicles

           Division 4 - General

   98.     Certificates of compliance
   99.     Access to NSW written-off vehicles register
   100.    Interference with NSW written-off vehicles register
   101.    Unauthorised disclosure of information
   102.    Certificate evidence
   103.    Statutory rules concerning written-off vehicles
   104.    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
   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

   121.    Definitions

           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
   137.    Certificates concerning reliability of speed measurement devices
   138.    Admissibility of photographs taken by devices-generally
   139.    Admissibility of photographs taken by devices-unauthorised vehicle 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
   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

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 light vehicle or light combination: to enable exercise of other powers
   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 for certain offences
   196.    Service of penalty notices
   196A.   Trial of service of penalty notices by electronic means
   197.    Payment of penalty notices
   198.    Application of Fines Act 1996 to penalty notices under this Division
   199.    Effect of Division on other kinds of proceedings

           Division 4 - Proceedings for offences

   200.    Proceedings for offences
   201.    Period within which proceedings for operator onus offences may be commenced
   202.    (Repealed)
   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
   206.    Bringing forward of consecutive disqualification periods to avoid orphan periods
   206A.   Effect of imprisonment on period of disqualification
   207.    Effect 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 - Habitual traffic offenders

   216.    Meaning of “relevant offence”
   217.    Declaration of persons as habitual traffic offenders
   218.    Warning to be given to persons liable to be declared habitual traffic offenders
   219.    Period of disqualification of habitual traffic offender
   220.    Quashing of declaration and bar against appeals
   221.    Disqualification in addition to any other penalty

           Division 4 - Suspension of licences and visiting driver privileges

   222.    Definitions
   223.    Suspension of licence by Commissioner of Police
   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
   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
   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 Authority
   278.    Form of registers
   279.    Preliminary discovery of information for recovery of private car park fees
   280.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4


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