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ROAD TRANSPORT ACT 2013 - As at 30 October 2023 - Act 18 of 2013

- As at 30 October 2023 - Act 18 of 2013

Table of Provisions

CHAPTER 1 - PRELIMINARY

PART 1.1 - INTRODUCTORY

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

PART 1.2 - INTERPRETATION

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 (Repealed)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

CHAPTER 3 - DRIVER LICENSING

PART 3.1 - GENERAL FUNCTIONS OF TFNSW IN RELATION TO DRIVER LICENSING

PART 3.2 - DEMERIT POINTS SYSTEM

Division 1 - NSW demerit points register and offences

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

PART 3.3 - INTERLOCK DEVICES

PART 3.4 - OFFENCES CONCERNING DRIVER LICENSING

Division 1 - Unlawfully obtaining or using 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

PART 3.6 - OTHER PROVISIONS RELATING TO DRIVER LICENSING

PART 3.7 - DIGITAL DRIVER LICENCES

CHAPTER 4 - VEHICLE REGISTRATION

PART 4.1 - REGISTRATION SYSTEM FOR VEHICLES

Division 1 - Functions and powers of TfNSW

Division 2 - NSW registrable vehicles register

Division 3 - Devices, plates and documents

PART 4.2 - OFFENCES CONCERNING VEHICLE REGISTRATION

Division 1 - General offences

Division 2 - Offences involving interstate number-plates and vehicles

PART 4.3 - DEFECTIVE 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

Division 3 - Assessment of damaged light vehicles

Division 4 - General

PART 4.5A - WRITTEN-OFF HEAVY VEHICLES

Division 1 - Preliminary

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

Division 3 - Assessment of damaged heavy vehicles

Division 4 - General

PART 4.6 - OTHER PROVISIONS RELATING TO VEHICLE REGISTRATION

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

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

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

PART 5.5 - MISCELLANEOUS POLICE POWERS RELATING TO VEHICLES AND TRAFFIC

Division 1 - Regulation of traffic

Division 2 - Other police powers relating to vehicles

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

CHAPTER 6 - ROAD TRANSPORTATION

PART 6.1 - MONITORING OF HEAVY VEHICLES AND VEHICLES CARRYING DANGEROUS GOODS

PART 6.2 - SPEED LIMITING OF HEAVY VEHICLES

CHAPTER 7 - COMPLIANCE AND ENFORCEMENT

PART 7.1 - AUTHORISED OFFICERS

PART 7.2 - IDENTITY POWERS

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

Division 3 - Penalty notices

Division 4 - Proceedings for offences

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)

None

Division 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

Division 5 - Downgrading of 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

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

CHAPTER 8 - MISCELLANEOUS

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