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ROAD TRANSPORT ACT 2013 - SECT 4

Definitions

4 Definitions

(cf DL Act, s 17 and Dict; Gen Act, s 3; STM Act, Dict; VR Act, s 4)

(1) In this Act:

"another jurisdiction" means a jurisdiction other than this jurisdiction.

"approved for average speed detection" ,
"approved for excess speed imaging" ,
"approved for speed measurement" ,
"approved for red traffic light detection" or
"approved for traffic lane use detection" in relation to an approved traffic enforcement device-see section 135 (2).

"approved interlock device" -see section 45.

"approved oral fluid analysing instrument" -see clause 1 of Schedule 3.

"approved oral fluid testing device" -see clause 1 of Schedule 3.

"approved traffic enforcement device" means a device of a type (or a combination of types of devices) approved under section 134.

"Australian authorised officer" means:
(a) an authorised officer for the purposes of this Act, or
(b) an authorised officer (within the meaning of the Heavy Vehicle National Law (NSW) ), or
(c) an individual of another jurisdiction of a class prescribed by the statutory rules.

"Australian Authority" means any of the following:
(a) the Authority,
(b) the National Heavy Vehicle Regulator established under section 656 of the Heavy Vehicle National Law (NSW) ,
(c) the road authority for another participating jurisdiction (within the meaning of the Heavy Vehicle National Law (NSW) ),
(d) any other person or body of another jurisdiction prescribed by the statutory rules for the purposes of this definition.

"Australian driver licence" means:
(a) a driver licence, or
(b) a licence, probationary licence, conditional licence, restricted licence, provisional licence or driver licence receipt (other than 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 or road related area.

"Australian police officer" means:
(a) a police officer, or
(b) a member (however described) of the police force or police service of another jurisdiction.

"Australian registered operator" in relation to a vehicle or combination-see section 8.

"Australian registrable vehicles register" means:
(a) the NSW registrable vehicles register, or
(b) a register maintained under the law of another jurisdiction that corresponds, or substantially corresponds, to the NSW registrable vehicles register.

"Australian Transport Council" means the Australian Transport Council referred to in section 4 of the National Transport Commission Act 2003 of the Commonwealth, and includes any successor to or continuation of that body.

"authorised officer" means:
(a) a police officer, or
(b) a person appointed as an authorised officer, or person belonging to a class of persons appointed as authorised officers, under section 166 (Authorised officers), or
(c) a person, or a person belonging to a class or description of persons, prescribed by the statutory rules.

"boat driving licence" means a marine safety licence to operate a power-driven recreational vessel that is required by Division 5 of Part 5 of the Marine Safety Act 1998 .

"body corporate" includes the Crown in any capacity and any body or entity that is not an individual.

"breath analysing instrument" -see clause 1 of Schedule 3.

"breath test" -see clause 1 of Schedule 3.

"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.

"class" of a driver licence means a class of licence established by the statutory rules.

"coach" means a motor vehicle that is:
(a) constructed principally to carry persons, and
(b) equipped to seat more than 8 adult persons, and
(c) used to convey passengers for hire or reward or in the course of trade or business.

"combination" means a group consisting of a motor vehicle connected to one or more other vehicles.

"compensation order" means an order under Part 7.5.

"condition" includes a restriction.

"conditional licence" means a licence issued as a conditional licence in accordance with the statutory rules.

"conduct" means an act, an omission to perform an act or a state of affairs.

"corresponding driver law" means a law of another jurisdiction under which authority is given to drive motor vehicles on roads or road related areas.

"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 statutory rules 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.

"council" means a council within the meaning of the Local Government Act 1993 .

"court" means the court dealing with the matter concerned.

"defective registrable vehicle" means a registrable vehicle that does not comply with a vehicle standard that is prescribed by the statutory rules.

"depot" includes a base of operations.

"drive" includes:
(a) be in control of the steering, movement or propulsion of a vehicle, and
(b) in relation to a trailer, draw or tow the trailer, and
(c) ride a vehicle.

"driver" means any person driving a vehicle, and includes any person riding a vehicle.

"driver education course" means a course designed to increase knowledge of, and to encourage, safe driving behaviour.

"driver knowledge test" , in relation to a person, means a test of the person’s knowledge of safe driving practices and road law.

"driver licence" means:
(a) a licence (including a conditional licence, a provisional licence and a learner licence) issued in accordance with the statutory rules authorising the holder to drive one or more classes of motor vehicle on a road or road related area, or
(b) a driver licence receipt.

"driver licence receipt" means a receipt that:
(a) is issued following an application for an Australian driver licence and after payment of any applicable fee, and
(b) authorises the holder to drive one or more classes of motor vehicle on a road or road related area.

"drug" means:
(a) alcohol, and
(b) a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985 , not being a substance specified in the statutory rules as being excepted from this definition, and
(c) any other substance prescribed by the statutory rules as a drug for the purposes of this definition.

"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.

"extract" from a record, device or other thing means a copy of any information contained in the record, device or other thing.

"fatal accident" means an accident on a road or road related area involving a motor vehicle that results in the death of one or more persons.

"first offence" -see section 9.

"former corresponding provision" , in relation to a provision of this Act or the statutory rules, means a repealed provision of another Act or a statutory rule made under another Act that corresponds (or substantially corresponds) to the provision of this Act or the statutory rules.
Note : For former road transport law in this jurisdiction, see for example, the Acts and statutory rules that constituted the
"road transport legislation" within the meaning of the Road Transport (General) Act 2005 or the repealed Road Transport (General) Act 1999 and the provisions of the repealed Traffic Act 1909 and the regulations made under that Act.

"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.

"garage address" of a vehicle means:
(a) if the vehicle is normally kept at a depot when not in use-the principal depot of the vehicle, or
(b) if the vehicle is normally kept on a road or road related area when not in use:
(i) where the vehicle has one registered operator-the home address of the registered operator, or
(ii) where the vehicle has more than one registered operator and one or more of the operators reside in this jurisdiction-the home address of the registered operator residing in this jurisdiction whose address is nearest the road or road related area, or
(iii) where the vehicle has more than one registered operator and none of the registered operators reside in this jurisdiction-the suburb and road or road related area in this jurisdiction where the vehicle is normally kept, or
(c) if the vehicle is normally kept at a place (other than a depot or a road or road related area) when not in use-the place where the vehicle is normally kept.
Note : See section 64 concerning the number of registered operators for a registrable vehicle that may be recorded in the NSW registrable vehicles register.

"GCM (gross combination mass)" of a motor vehicle means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may lawfully be towed by it at one time:
(a) as specified by the motor vehicle’s manufacturer, or
(b) as specified by the Authority if:
(i) the manufacturer has not specified the sum of the maximum loaded mass, or
(ii) the manufacturer cannot be identified, or
(iii) the vehicle has been modified to the extent that the manufacturer’s specification is no longer appropriate.

"goods" includes:
(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 motor vehicle means the maximum loaded mass of the vehicle:
(a) as specified by the vehicle’s manufacturer, or
(b) as specified by the Authority if:
(i) the manufacturer has not specified a maximum loaded mass, or
(ii) the manufacturer cannot be identified, or
(iii) the vehicle has been modified to the extent that the manufacturer’s specification is no longer appropriate.

"heavy combination" means a combination that includes a heavy vehicle.

"heavy vehicle" means a motor vehicle or trailer that has a GVM of more 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.

"immediate licence suspension notice" means a suspension notice given under section 224.

"interlock condition" means the conditions imposed on an interlock driver licence by or under this Act.

"interlock device" -see section 44.

"interlock driver licence" -see section 209 (1).

"jurisdiction" means the Commonwealth or a State or Territory.

"learner licence" means a licence or permit issued to a person under a law in force in a State or internal Territory to authorise the person to drive a motor vehicle on a road or road related area for the purpose of learning to drive a motor vehicle.

"light combination" means a combination other than a heavy combination within the meaning of the Heavy Vehicle National Law (NSW) .

"light rail vehicle" means:
(a) a vehicle used on a light rail system within the meaning of the Transport Administration Act 1988 , or
(b) any other light rail system prescribed by the statutory rules.

"light trailer" means a trailer other than a heavy trailer within the meaning of the Heavy Vehicle National Law (NSW) .

"light vehicle" means a vehicle other than a heavy vehicle within the meaning of the Heavy Vehicle National Law (NSW) .

"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 any of the following crimes or offences:
(a) an offence by a person (the
"offender" ), in respect of the death of or bodily harm to another person caused by or arising out of the use of a motor vehicle driven by the offender at the time of the occurrence out of which the death of or harm to the other person arose, for which the offender is convicted of:
(i) the crime of murder or manslaughter, or
(ii) an offence against section 33, 35, 53 or 54 or any other provision of the Crimes Act 1900 ,
(b) an offence against section 51A, 51B or 52AB of the Crimes Act 1900 ,
(c) an offence against section 110 (1), (2), (3) (a) or (b), (4) (a) or (b) or (5) (a) or (b),
(d) an offence against section 111, 112 (1) (a) or (b), 117 (2), 118 or 146,
(e) an offence against section 117 (1) of driving a motor vehicle negligently (being driving occasioning death or grievous bodily harm),
(f) an offence against clause 16 (1) (b), 17 or 18 of Schedule 3,
(g) an offence of aiding, abetting, counselling or procuring the commission of, or being an accessory before the fact to, any crime or offence referred to in paragraph (a)-(f),
(h) any other crime or offence that, at the time it was committed, was a major offence for the purposes of this Act, the Road Transport (General) Act 2005 , the Road Transport (General) Act 1999 or the Traffic Act 1909 .

"mandatory interlock order" -see section 211.

"motor vehicle" means a vehicle that is built to be propelled by a motor that forms part of the vehicle.

"national schedule of demerit points" means the driving offences and corresponding demerit points prescribed in the statutory rules as comprising the national schedule of demerit points.

"National Transport Commission" means the National Transport Commission established under the National Transport Commission Act 2003 of the Commonwealth (formerly the National Road Transport Commission established under the National Road Transport Commission Act 1991 of the Commonwealth), and includes any successor to or continuation of that body.

"NSW demerit points register" -see section 31.

"NSW driver licence register" -see section 27.

"NSW registrable vehicles register" -see section 64.

"NSW written-off vehicles register" -see section 83.

"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:
(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.

"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.

"penalty notice" means:
(a) in relation to the provisions of Chapter 3:
(i) a penalty notice issued under Division 3 of Part 7.3, or
(ii) a penalty reminder notice issued under the Fines Act 1996 , and
(b) in relation to any other provisions of this Act-a penalty notice issued under Division 3 of Part 7.3.

"photograph" includes a digitised, electronic or computer generated image in a form approved by the Authority.

"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 illicit drug" means any of the following:
(a) delta-9-tetrahydrocannabinol (also known as THC),
(b) methylamphetamine (also known as speed),
(c) 3,4-methylenedioxymethylamphetamine (also known as ecstasy).

"prescribed speeding offence" means an offence against this Act or the statutory rules involving the use of a vehicle on a road or road related area at an excessive speed that is an offence prescribed by the statutory rules.

"probationary licence" means a licence to drive a motor vehicle:
(a) issued to a person who applies for a driver licence following a period of disqualification from driving ordered by a court in Australia, or
(b) issued to replace an equivalent licence issued under a corresponding driver law.

"professional driver" means a person whose primary work is personally driving a motor vehicle on roads or road related areas in or outside of this jurisdiction, and includes a person of a class prescribed by the statutory rules as a professional driver, but does not include a person of a class prescribed by the statutory rules as not a professional driver.

"prohibited speed measuring evasion article" means any device or substance that is designed, or apparently designed, to be fitted or applied to, or to be carried in, a motor vehicle or trailer for the purpose of detecting, interfering with, or reducing the effectiveness of, an approved traffic enforcement device that is approved for speed measurement, and includes a radar detecting device and a radar jamming device.

"provisional licence" means a licence (other than a learner licence) to drive a motor vehicle, issued under a law in force in a State or internal Territory, that is subject to conditions, restrictions or qualifications.

"provisional P1 licence" means a provisional P1 licence issued in accordance with the statutory rules.

"provisional P2 licence" means a provisional P2 licence issued in accordance with the statutory rules.

"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 road related area, or
(f) a place declared by the statutory rules 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.

"radar detecting device" means a device designed or apparently designed to be fitted to or carried in a motor vehicle or trailer for the purpose of detecting electromagnetic radiations from an approved traffic enforcement device that is approved for speed measurement.

"radar jamming device" means a device designed or apparently designed to be fitted to or carried in a motor vehicle or trailer for the purpose of interfering with the receiving by an approved traffic enforcement device that is approved for speed measurement of reflected electromagnetic radiations.

"records" means any documents or documentation, whether in paper, electronic or any other form.

"registered" and
"registration" in relation to a vehicle-see section 7.

"registered operator" in relation to a vehicle or combination-see section 8.

"registrable vehicle" means:
(a) any motor vehicle, or
(b) any trailer, or
(c) any other vehicle prescribed by the statutory rules for the purposes of this definition.

"registration charge" has the same meaning as in Schedule 2.

"relevant Australian driver licence" means:
(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 or road related area.

"responsible person" in relation to a vehicle-see section 10.

"restricted licence" means an authority to drive a motor vehicle issued at the direction of a court in Australia that authorises the holder to drive only in the course of the holder’s employment or in other specified restricted circumstances.

"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 statutory rules to be included in this definition,
but does not include anything declared by the statutory rules 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 18 to be an area to which specified provisions of this Act or the statutory rules apply.

"road transport legislation" -see section 6.

"roads authority" has the same meaning as in the Roads Act 1993 .

"second or subsequent offence" -see section 9.

"special purpose vehicle" means:
(a) a vehicle (other than one declared by the statutory rules 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 statutory rules 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.

"speed limiter offence" means an offence against section 162.

"the Authority" means Roads and Maritime Services constituted under the Transport Administration Act 1988 .

"the statutory rules" means the regulations and rules made by the Governor under this Act.

"this jurisdiction" means New South Wales.

"threshold number of demerit points" means:
(a) for the holder of a learner licence or a provisional P1 licence-4 or more demerit points, and
(b) for the holder of a provisional P2 licence-7 or more demerit points, and
(c) for the holder of an unrestricted driver licence (other than a professional driver)-13 or more demerit points, and
(d) for the holder of an unrestricted driver licence who is a professional driver-14 or more demerit points.

"trader’s plate" means a number-plate issued by the Authority to a person engaged in a relevant trade to move unregistered registrable vehicles for short-term purposes.

"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 or road related areas 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 statutory rules to be excluded from this definition.

"unregistered vehicle permit" means a permit referred to in section 63 (d).

"unrestricted driver licence" means a driver licence other than a learner licence or provisional licence.

"use" of a vehicle includes standing the vehicle on a road or road related area.

"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 description of tracked vehicle (such as a bulldozer), or any description of vehicle that moves on revolving runners inside endless tracks, that is not used exclusively on a railway or tramway, or
(c) any other description of vehicle prescribed by the statutory rules.

"vehicle standard" includes a standard or other requirement relating to the construction, design or equipment of a registrable vehicle.

"working day" means a day that is not a Saturday, Sunday or public holiday.
Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) A reference in this Act to statutory rules made for the purposes of a provision of this Act is a reference to statutory rules made under this Act for or with respect to a matter that is required or permitted to be prescribed by the provision.
(3) A reference in a provision of this Act relating to the road transport legislation (other than this Act or the statutory rules) 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.
(4) A reference in this Act:
(a) to the Road Transport (General) Act 2005 is a reference to that Act as in force before it was renamed and amended by the Road Transport Legislation (Repeal and Amendment) Act 2013 , or
(b) to the Road Transport (General) Regulation 2005 is a reference to that Regulation as in force before it was renamed and amended by the Road Transport (Statutory Rules) Act 2013 .
Note : The Road Transport (General) Act 2005 was renamed as the Road Transport (Vehicle and Driver Management) Act 2005 by the Road Transport Legislation (Repeal and Amendment) Act 2013 . It was also amended to confine its operation to mass, dimension and load restraint requirements for heavy vehicles and other vehicles and to the regulation of certain other matters relating to heavy vehicles (such as driver fatigue management and heavy vehicle speeding compliance) pending the implementation in this jurisdiction of the proposed Heavy Vehicle National Law. Various compliance and enforcement provisions in the Road Transport (General) Act 2005 for the road transport legislation generally have now been relocated to this Act. See, in particular, Chapter 7.
The Road Transport (General) Regulation 2005 was also renamed as the Road Transport (Vehicle and Driver Management) Regulation 2005 by the Road Transport (Statutory Rules) Act 2013 , and its operation was similarly confined.
The Road Transport (Vehicle and Driver Management) Act 2005 and Road Transport (Vehicle and Driver Management) Regulation 2005 have been repealed. See now the Heavy Vehicle National Law (NSW) .



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