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Heavy Vehicle (Adoption of National Law) Act 2013 (NSW)

An Act to make provision for a national scheme for facilitating and regulating the use of heavy vehicles on roads; and for other purposes.

Heavy Vehicle (Adoption of National Law) Act 2013 (NSW) Image
Heavy Vehicle (Adoption of National Law) Act 2013 No 42 An Act to make provision for a national scheme for facilitating and regulating the use of heavy vehicles on roads; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Heavy Vehicle (Adoption of National Law) Act 2013. 2 Commencement (1) This Act commences on a day or days to be appointed by proclamation. (2) Different days may be appointed under subsection (1) for the commencement of different provisions of the Heavy Vehicle National Law (NSW). 3 Definitions (1) In this Act— function includes a power, authority or duty, and exercise a function includes perform a duty. Heavy Vehicle National Law (NSW) means the provisions applying in this jurisdiction because of section 4. Heavy Vehicle National Regulations (NSW) means the provisions applying in this jurisdiction because of section 5. local regulations—see section 28. modification includes addition, exception, omission or substitution. national regulations means the regulations, as amended from time to time, under the Heavy Vehicle National Law set out in the Schedule to the Queensland Act. Queensland Act means the Heavy Vehicle National Law Act 2012 of Queensland. road transport legislation has the same meaning as in the Road Transport Act 2013. TfNSW means Transport for NSW constituted under the Transport Administration Act 1988. (2) Terms used in this Act and also in the Heavy Vehicle National Law set out in the Schedule to the Queensland Act have the same meanings in this Act as they have in that Law. (3) Notes included in this Act (other than in Schedules 1 and 2) do not form part of this Act. Part 2 Application of Heavy Vehicle National Law and National Regulations 4 Application of Heavy Vehicle National Law The Heavy Vehicle National Law, as amended from time to time, set out in the Schedule to the Queensland Act— (a) applies as a law of this jurisdiction, subject to the modifications set out in Schedule 1, and (b) as so applying may be referred to as the Heavy Vehicle National Law (NSW), and (c) so applies as if it were an Act. 5 Application of regulations under Heavy Vehicle National Law Each of the national regulations— (a) applies as a regulation in force for the purposes of the Heavy Vehicle National Law (NSW), subject to the modifications (if any) set out in Schedule 2 for that regulation, and (b) as so applying may be referred to by its citation with "(NSW)" added at the end of that citation. 6 Exclusion of legislation of this jurisdiction (1) The following Acts of this jurisdiction do not apply to the Heavy Vehicle National Law (NSW) or to instruments made under that Law— (a) the Government Information (Information Commissioner) Act 2009, (b) the Government Information (Public Access) Act 2009, (c) the Interpretation Act 1987, except— (i) Part 6A, and (ii) sections 40 and 41, as applying under section 8 of this Act, and (iii) provisions prescribed by the local regulations, (c1) the Privacy and Personal Information Protection Act 1998, (d) the Subordinate Legislation Act 1989, (e) the State Records Act 1998. (2) However, the Acts referred to in subsection (1) (so far as they are relevant) apply to a government sector agency or a government sector employee exercising a function under the Heavy Vehicle National Law (NSW). (3) The Government Sector Audit Act 1983 and the Government Sector Finance Act 2018 do not apply to the Heavy Vehicle National Law (NSW) or to instruments made under that Law, except to the extent that that Law and those instruments apply to— (a) a government sector agency and the employees, decisions, actions and records of the government sector agency in carrying out a function, or (b) the Auditor-General in carrying out an audit as required by a national regulation made under section 693 (3) (b) of the Heavy Vehicle National Law (NSW). (4) To avoid doubt, this section does not limit the application of— (a) the Interpretation Act 1987 to a provision of this Act, or (b) the Subordinate Legislation Act 1989 to local regulations. (5) In this section— government sector agency means— (a) the Public Service or any other service of the Crown, or (b) a NSW Government agency, or (c) an entity constituted by or under an Act or exercising public functions (such as a State owned corporation), being an entity that is prescribed by the local regulations for the purposes of this definition, but does not include the Regulator. government sector employee means a person employed on any basis, or on secondment, in a government sector agency. 7 Application of Ombudsman Act 1974 The Ombudsman Act 1974 applies to functions of the Regulator exercisable in relation to this jurisdiction as if the Regulator were a public authority under that Act. 8 Scrutiny and disallowance of national regulations (1) Sections 40 and 41 of the Interpretation Act 1987 and the provisions of the Legislation Review Act 1987 apply to a national regulation in the same way as they apply to a statutory rule. (2) However, if a national regulation is disallowed in this jurisdiction, the regulation does not cease to have effect in this jurisdiction unless the regulation is disallowed in a majority of the participating jurisdictions (and, in such a case, the regulation ceases to have effect on the date of its disallowance in the last of the jurisdictions forming the majority). (3) In this section— national regulation includes a provision of a national regulation. 8A Declaration about industrial relations status of Regulator (1) For the avoidance of doubt, it is declared that— (a) the Regulator is not an employer of State public sector employees for the purposes of the Industrial Relations (Commonwealth Powers) Act 2009, and (b) it is the intention of the Parliament that the Regulator be a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth. (2) Nothing in any Act (whether enacted before or after the commencement of this section) is to be taken to prevent the Regulator from being a national system employer for the purposes of the Fair Work Act 2009 of the Commonwealth. Part 3 Meaning of terms for Heavy Vehicle National Law (NSW) and National Regulations (NSW) 9 Interpretation of certain expressions In the Heavy Vehicle National Law (NSW) and the regulations in force for the purposes of that Law— police officer means a police officer within the meaning of the Interpretation Act 1987. this jurisdiction means New South Wales. 10 Police officers who are authorised officers Every police officer is declared to be an authorised officer for the purposes of the Heavy Vehicle National Law (NSW). Note— See section 5 of the Heavy Vehicle National Law (NSW) for the definition of authorised officer. 11 Authorised warrant official A Magistrate is declared to be an authorised warrant official for this jurisdiction for the purposes of the Heavy Vehicle National Law (NSW). Note— See section 5 of the Heavy Vehicle National Law (NSW) for the definition of authorised warrant official. 12 Infringement notices (1) The following are declared to be the Infringement Notice Offences Law for the purposes of the Heavy Vehicle National Law (NSW)— (a) the other provisions of this section and any local regulations made for the purposes of this section, and (b) the Fines Act 1996. (2) An infringement notice issued under section 591 of the Heavy Vehicle National Law (NSW)— (a) may be called and issued as a penalty notice rather than as an infringement notice, and (b) is declared to be a penalty notice for the purposes of the Fines Act 1996. (3) (Repealed) (4) If the amount of penalty prescribed for an alleged offence is paid in respect of an infringement notice, no person is liable to any further proceedings for the alleged offence. (5) Payment of an amount in respect of an infringement notice is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence. (6) The local regulations may— (a) prescribe an offence for the purposes of section 591 of the Heavy Vehicle National Law (NSW) by specifying the offence or by referring to the provision creating the offence, and (b) prescribe the amount of penalty payable for the offence if dealt with under that section, and (c) prescribe different amounts of penalties for different offences or classes of offences, and (d) prescribe different amounts of penalties for the same kind of offence or class of offence committed in specified circumstances. (7) The amount of a penalty prescribed by the local regulations under this section for an offence is not to exceed 10 percent of the maximum amount of penalty that could be imposed for the offence by a court. (8) This section and section 591 of the Heavy Vehicle National Law (NSW) do not limit the operation of any other provision of, or made under, this Act or the Law or any other Act relating to proceedings that may be taken in respect of offences. 13 Local government authority A council within the meaning of the Local Government Act 1993 is declared to be a local government authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (NSW). Note— See section 5 of the Heavy Vehicle National Law (NSW) for the definition of local government authority. 14 Relevant tribunal or court The Local Court is declared to be the relevant tribunal or court for this jurisdiction for the purposes of the Heavy Vehicle National Law (NSW). Note— See section 5 of the Heavy Vehicle National Law (NSW) for the definition of relevant tribunal or court. 15 Responsible Minister The Minister responsible for administering this Act is nominated as the responsible Minister for this jurisdiction for the purposes of the Heavy Vehicle National Law (NSW). Note— See section 5 of the Heavy Vehicle National Law (NSW) for the definition of responsible Minister. 16 Road authority TfNSW is declared to be the road authority for this jurisdiction for the purposes of the Heavy Vehicle National Law (NSW). Note— See section 5 of the Heavy Vehicle National Law (NSW) for the definition of road authority. 17 Road manager (1) Except as provided by subsection (2), the following are declared to be the road manager for a road in this jurisdiction for the purposes of the Heavy Vehicle National Law (NSW)— (a) for a public road—the roads authority for the road under the Roads Act 1993, (b) for a private road—the owner of the road. Note— See section 5 of the Heavy Vehicle National Law (NSW) for the definition of road manager. (2) TfNSW is declared to be the road manager for each of the following roads (regardless of whether it is the roads authority under the Roads Act 1993 for the road or the owner of the road)— (a) a road in respect of which TfNSW performs under that Act some or all of the functions of the roads authority instead of the authority (whether under an agreement or otherwise), (b) a road that is a tollway or transitway. (3) To avoid doubt, a reference in this section to a roads authority is not affected by section 16 (which declares TfNSW to be the road authority for the purposes of the Heavy Vehicle National Law (NSW)). (4) A term used in this section that is defined for the purposes of the Roads Act 1993 has the same meaning as in that Act. 18 Road Rules The Road Rules 2014 (or any rules made under the Road Transport Act 2013 that replace those Rules) are declared to be the Road Rules for the purposes of the Heavy Vehicle National Law (NSW). Note— See section 5 of the Heavy Vehicle National Law (NSW) for the definition of Road Rules. 19 Meaning of road and road-related area (1) If a declaration in an order made under section 18 of the Road Transport Act 2013 is in force to the effect that the road transport legislation (within the meaning of that Act) applies to a specified area, the area to which the declaration relates is declared to be a road-related area for the purposes of the Heavy Vehicle National Law (NSW). Note— Section 8 (3) of the Heavy Vehicle National Law (NSW) provides for the declaration of an area to be a road or road-related area for the purposes of that Law. (2) If a declaration in an order made under section 18 of the Road Transport Act 2013 is in force to the effect that the road transport legislation (within the meaning of that Act) does not apply to a specified road, the road to which the declaration relates is taken not to be a road or road-related area (as the case requires) for the purposes of the Heavy Vehicle National Law (NSW). 20 Meaning of convicts and convicted of an offence To avoid doubt, section 9 of the Heavy Vehicle National Law (NSW) applies only for the purposes of that Law and offences under that Law and not for the purposes of any other law of this jurisdiction. 21 Primary WHS Law The Work Health and Safety Act 2011 and the regulations under that Act are declared to be the primary WHS Law for the purposes of the Heavy Vehicle National Law (NSW). Note— See section 18 (4) of the Heavy Vehicle National Law (NSW) for the definition of primary WHS Law. 22 Meaning of relevant law The following Acts are specified for the purposes of the definition of relevant law in section 727 (1) of the Heavy Vehicle National Law (NSW)— (a) the Roads Act 1993, (b) the road transport legislation, (c) the Transport Administration Act 1988, (d) the Ombudsman Act 1974, (e) the Photo Card Act 2005, (f) any other Act or statutory rule prescribed by the local regulations. Part 4 Authorisations 23 Authority to use force (1) An authorised officer who is a police officer is authorised to use force against a person in the exercise, or purported exercise, of a function under the Heavy Vehicle National Law (NSW). Note— See section 491 (Use of force against persons) of the Heavy Vehicle National Law (NSW). (2) An authorised officer is authorised to use force against property for the purposes of a power referred to in section 492 (1) of the Heavy Vehicle National Law (NSW). (3) For the avoidance of doubt, the force that may be used by an authorised officer is such force as would be reasonably necessary in the circumstances for the exercise of the power concerned. 24 Authority to seize heavy vehicles or things Section 552 (1) of the Heavy Vehicle National Law (NSW) does not apply to an authorised officer who is a police officer impounding or seizing a heavy vehicle or thing under an Act or other law of this jurisdiction. Note— See section 552 (2) of the Heavy Vehicle National Law (NSW). 25 General power for TfNSW to obtain, provide and use information (1) Despite this Act or another law, TfNSW may, on its own initiative or at the request of the Regulator, provide the Regulator with assistance, advice or the following information, as is reasonably required by the Regulator to exercise its functions under this Act, the Heavy Vehicle National Law (NSW) or another law— (a) information, including information given in confidence, in the possession or control of TfNSW, (b) information, including personal information, kept in a register maintained by TfNSW under the road transport legislation, (c) other information prescribed by the regulations. (2) Despite this Act or another law, the Regulator may, at the request of TfNSW, disclose information to TfNSW, as is reasonably required by TfNSW to exercise its functions under this Act, the Heavy Vehicle National Law (NSW) or another law. (3) TfNSW may use information disclosed under this section for a purpose relating to the exercise of its functions, including its delegated functions, under this Act, the Heavy Vehicle National Law (NSW) or another law. (4) Nothing done, or authorised to be done, under this section— (a) constitutes a breach of, or default under, an Act or another law, or (b) constitutes a breach of, or default under, a contract, agreement, understanding or undertaking, or (c) constitutes a breach of duty of confidence, whether arising by contract, in equity, by custom or otherwise, or (d) constitutes a civil or criminal wrong, or (e) terminates an agreement or obligation or fulfils a condition that allows a person to terminate an agreement or obligation, or gives rise to another right or remedy, or (f) releases a surety or another obligee wholly or in part from an obligation. (5) In this section— personal information has the same meaning as in the Privacy and Personal Information Protection Act 1998, section 4. 25A Authorisation for section 688 of Heavy Vehicle National Law (NSW) (Payments into Fund) For the purposes of section 688 of the Heavy Vehicle National Law (NSW), an amount equal to the regulatory component of the charges payable for the registration of a heavy vehicle as prescribed by the national regulations, is authorised to be paid into the National Heavy Vehicle Regulator Fund until Chapter 2 of that Law comes into force in New South Wales. Part 5 Enforcement of Heavy Vehicle National Law (NSW) Division 1 Powers of authorised officers 26, 27 (Repealed) 27A Exercise of powers under other law enforcement legislation (1) This section applies if an authorised officer under the Heavy Vehicle National Law (NSW) is also— (a) an authorised officer under the Road Transport Act 2013, or (b) a police officer. (2) For the avoidance of doubt, an authorised officer to whom this section applies may, on the same occasion, exercise the various powers conferred on the officer by or under law enforcement legislation as well as the powers conferred on the officer by or under this Act or the Heavy Vehicle National Law (NSW) if the circumstances permit the exercise of both sets of powers on that occasion. (3) In this section— law enforcement legislation means— (a) the road transport legislation, or (b) the Law Enforcement (Powers and Responsibilities) Act 2002 or any other Act or statutory rule that confers or imposes law enforcement functions on police officers. Division 2 Offences and legal proceedings 27B Persons who may commence proceedings for offences Proceedings for an offence against the Heavy Vehicle National Law (NSW) or the regulations in force for the purposes of that Law may be commenced by— (a) the Regulator, or (b) (Repealed) (c) a person who is authorised in writing to do so either generally or in any particular case by the Regulator, or (d) a police officer. 27C, 27D (Repealed) 27E Evidence of speed or vehicle dimension (1) Evidence of speed or vehicle dimension obtained under the Road Transport Act 2013, Part 5.3 may be given in proceedings for a speeding offence or a dimension offence against the Heavy Vehicle National Law (NSW), or the regulations in force for the purposes of that Law in accordance with the provisions of the Part, in the same way as for speeding offences or dimension offences against the road transport legislation. Note— The Road Transport Act 2013, Part 5.3 provides for the use of evidence obtained under the Part in connection with proceedings for speeding offences and dimension offences. (2) To avoid doubt, if a heavy vehicle being towed is attached to a heavy vehicle, both vehicles are taken to be travelling at the same speed for the purposes of proceedings for a speeding offence or dimension offence involving the vehicles. (3) Nothing in the Road Transport Act 2013, Part 5.3 or this section derogates from another mode of proof of the speed or vehicle dimension of a heavy vehicle for the purposes of the Heavy Vehicle National Law (NSW). (4) In this section— dimension offence has the same meaning as in the Road Transport Act 2013, Part 5.3, Division 5. speeding offence has the same meaning as in the Road Transport Act 2013, Part 5.3. 27F Section 10 of Crimes (Sentencing Procedure) Act 1999 not applicable in certain circumstances (1) Section 10 of the Crimes (Sentencing Procedure) Act 1999 does not apply if a person is charged before a court with an applicable heavy vehicle offence if, at the time of or during the period of 5 years immediately before the court's determination in respect of the charge, that section is or has been applied to or in respect of the person in respect of a charge for another applicable heavy vehicle offence (whether of the same or a different kind). (2) Each of the following is an applicable heavy vehicle offence for the purposes of subsection (1)— (a) an offence against the Heavy Vehicle National Law (NSW) that involves a severe risk breach of a mass, dimension or load restraint requirement under that Law, (b) (Repealed) (c) an offence against Chapter 6 (Vehicle operations—driver fatigue) of the Heavy Vehicle National Law (NSW), (d) an offence referred to in section 203 (2) (e) or (f) of the Road Transport Act 2013 (as in force immediately before its amendment by the Heavy Vehicle (Adoption of National Law) Amendment Act 2013) or a former corresponding offence, (e) an offence of aiding, abetting, counselling or procuring the commission of an offence referred to in paragraph (a), (b), (c) or (d). (3) In this section— former corresponding offence means an offence against a provision of an Act or statutory rule that is a former corresponding provision within the meaning of the Road Transport Act 2013 in relation to a provision referred to in section 203 (2) (e) or (f) of that Act (as in force immediately before its amendment by the Heavy Vehicle (Adoption of National Law) Amendment Act 2013). Part 6 Miscellaneous 28 Local regulations (1) The Governor may make regulations (local regulations), not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) The power to make local regulations includes the power to make such regulations as are contemplated by the Heavy Vehicle National Law (NSW) as being made under this Act. (3) Without limitation, the local regulations may— (a) amend Schedules 1 and 2 to insert, vary or omit modifications to the Heavy Vehicle National Law set out in the Schedule to the Queensland Act, or to the national regulations, for the purpose of altering their application in New South Wales to heavy vehicles and to persons and bodies in connection with heavy vehicles, and (b), (c) (Repealed) (d) provide that a provision of a law of another participating jurisdiction is to have effect (generally or in particular circumstances, and with or without modifications, as provided in the local regulations) as if the provision formed part of the Heavy Vehicle National Law set out in the Schedule to the Queensland Act or that Law as applied in a participating jurisdiction. (3A) Without limiting subsection (3) (a), local regulations that amend Schedule 2 may amend that Schedule so as to insert, vary or omit modifications to any national regulations (including any national regulations that were not included in Schedule 2 when it first commenced). (4) The local regulations may create offences punishable by a penalty not exceeding 100 penalty units. (5) (Repealed) 29 Proceedings for offences against this Act and the local regulations Proceedings for an offence against this Act or the local regulations are to be dealt with summarily before the Local Court. Note— Section 195 of the Road Transport Act 2013 enables an authorised officer to issue penalty notices for offences against this Act or the local regulations that are prescribed as a penalty notice offence by the statutory rules for the purposes of that section. 30 Effect of amendment, repeal or expiry of modification (1) Part 6 of Schedule 1 to the Heavy Vehicle National Law (NSW) applies to the amendment, repeal or expiry of a modification set out in Schedule 1 or 2 to this Act in the same way as it applies to the amendment, repeal or expiry of a provision of that Law. (2) However, the repeal or expiry of a modification has the effect of reviving the modified provision to its unmodified state except to the extent (if any) that the local regulations otherwise provide, whether expressly or by implication. 31 Minister may enter agreement with Regulator The Minister for Transport and Roads may enter into an agreement with the Regulator in relation to a statement of expectations. Schedule 1 Modification of Heavy Vehicle National Law as applying in New South Wales (Section 4 (a)) Note— The Heavy Vehicle National Law applies in this jurisdiction with the modifications set out in this Schedule. 1.1 Modifications relating to registration [1] Section 5 Definitions Insert in alphabetical order— TfNSW means Transport for NSW constituted under the Transport Administration Act 1988. Note— This definition is inserted for New South Wales pending the commencement of the national scheme for the registration of heavy vehicles under this Law. [2] Section 711 Evidence by certificate by Regulator and TfNSW generally Insert after section 711(1)— (1A) A certificate purporting to be issued by TfNSW and stating the following, at a stated time or during a stated period, is evidence of the matter— (a) a stated vehicle was or was not registered on the basis it is a heavy vehicle, (b) a stated vehicle was or was not registered as a heavy vehicle of a stated category, (c) a stated person was or was not the registered operator of a stated registered vehicle, (d) a stated registration was or was not amended, suspended or cancelled. Note— This subsection is inserted for New South Wales. [3]–[23] (Repealed) 1.2 Modifications relating to other matters [1A] Section 2 Omit the section. Insert instead— 2 Commencement (1) This Law commences in this jurisdiction on 10 February 2014, except as provided by subsection (2). (2) Section 84 of this Law commences in this jurisdiction on the day on which section 84 of the Heavy Vehicle National Law (Queensland) commences in Queensland. Note— This section is substituted for New South Wales. [1B] Section 5 Definitions Insert in alphabetical order— hire vehicle means a hire vehicle within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 of New South Wales. Note— This definition is inserted for New South Wales. public passenger service means a public passenger service within the meaning of the Passenger Transport Act 1990 of New South Wales. Note— This definition is inserted for New South Wales. [1C] Chapter 1A, Part 1A.4 Insert after Part 1A.3— Part 1A.4 Exemptions 26I Exemptions for emergency services [NSW] (1) A person who is an officer, member or member of staff of an emergency service is exempt from section 26C, but only— (a) in so far as the offending relates to speed or fatigue; and (b) in relation to the driving of a heavy vehicle—in the course of undertaking work for an emergency service. (2) The exemption provided by this section is in addition to, and does not limit the effect of, the exemption provided by section 265A. (3) An emergency service is any of the following— (a) the NSW State Emergency Service established under the State Emergency Service Act 1989 of New South Wales; (b) Fire and Rescue NSW and any permanent fire brigade or volunteer fire brigade within the meaning of the Fire Brigades Act 1989 of New South Wales; (c) the NSW Rural Fire Service established by the Rural Fires Act 1997 of New South Wales; (d) the Ambulance Service of NSW within the meaning of the Health Services Act 1997 of New South Wales; (e) the NSW Police Force established by the Police Act 1990 of New South Wales; (f) the New South Wales Volunteer Rescue Association Inc; (g) a government agency of another jurisdiction, or a body authorised under the law of another jurisdiction, that has corresponding functions to the bodies referred to in any of the above paragraphs. Note— This section is inserted for New South Wales. 26J Exemptions for hire vehicles and buses [NSW] (1) A person is exempt from sections 26C and 26E (1) (a) and (2) (a) in relation to the driving of a heavy vehicle that is a hire vehicle or a bus, but only in so far as the offending relates to speed or fatigue. (2) However, a person is not exempted by subsection (1) in so far as the duty relates to— (a) an employer or prime contractor ensuring (so far as is reasonably practicable) that the employer's or contractor's business practices will not cause the driver of a vehicle to exceed a speed limit applying to the driver; or (b) an employer or prime contractor being reasonably satisfied that each scheduler for the vehicle has complied with its duty under section 26C to ensure that a schedule will not cause a driver to— (i) exceed a speed limit applying to the driver; or (ii) breach the work rest times applying to the driver; or (c) any party in the chain of responsibility preventing a driver from driving when fatigued. (3) Subsection (1) does not apply to the driving of a bus for the purpose of providing a public passenger service. Note— Persons carrying on public passenger services by means of a bus are required to be accredited under the Passenger Transport Act 1990 of New South Wales. Note— This section is inserted for New South Wales. [1] (Repealed) [2] Section 93 Person must not tamper with speed limiter fitted to heavy vehicle Insert before section 93 (9)— (8A) Nothing in this section limits the application of Part 6.2 (Speed limiting of heavy vehicles) of the Road Transport Act 2013 of New South Wales to a heavy vehicle to which that Part applies. Note— This subsection is inserted for New South Wales. Part 6.2 of the Road Transport Act 2013 of New South Wales provides that the responsible person for a vehicle to which that Part applies is guilty of an offence unless the vehicle is speed limiter compliant (within the meaning of that Part) when the vehicle is being driven on a road. [3] Section 93A Insert after section 93— 93A Monitoring of heavy vehicles and vehicles carrying dangerous goods [NSW] (1) Part 6.1 of the Road Transport Act 2013 of New South Wales makes provision for the monitoring of the journeys on roads of certain heavy vehicles with GVMs or GCMs exceeding 13.9 tonnes and vehicles carrying dangerous goods. (2) The requirements of that Part are in addition to, and do not limit the effect of, any other provisions of this Law concerning the use of monitoring devices or equipment (such a