New South Wales: Road Transport Act 2013 (NSW)

Road Transport Act 2013 No 18 An Act to make provision with respect to road transport law in New South Wales. Chapter 1 Preliminary Part 1.1 Introductory 1 Name of Act This Act is the Road Transport Act 2013. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Objects of Act (cf DL Act, s 3; STM Act, s 3; VR Act, s 3) The objects of this Act are as follows— (a) to consolidate in the one Act most of the existing statutory provisions concerning road users, road transport and the improvement of road safety in this jurisdiction, (b) to provide for the following in a manner consistent with the Agreed Reforms within the meaning of the Inter-Governmental Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal Transport entered into by the Commonwealth, the States and the Territories— (i) a driver licensing system as part of a uniform national approach to driver licensing (including uniform driver licence classes and licence eligibility criteria), (ii) a vehicle registration system as part of a uniform national approach to vehicle registration and standards, (iii) systems for the improvement of road safety and transport efficiency, (iv) the reduction of costs relating to administering road transport, (c) to facilitate the recovery of expenses incurred in the administration of this Act (particularly, in connection with driver licensing and vehicle registration) and the collection of fees and charges payable under this Act and the statutory rules, (d) to provide for additional matters concerning the regulation of road users and road transport and the improvement of road safety in this jurisdiction that are not otherwise dealt with by the Agreed Reforms. Part 1.2 Interpretation 4 Definitions (cf DL Act, s 17 and Dict; Gen Act, s 3; STM Act, Dict; VR Act, s 4) (1) In this Act— alcohol or other drug related driving offence means an offence that— (a) involves the presence of alcohol in a person's breath or blood or the presence of a drug (other than alcohol) in a person's oral fluid, blood or urine, and (b) is prescribed by the statutory rules. 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) Transport for NSW, (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. Austroads means Austroads Limited (ACN 136 812 390), and includes any successor to or continuation of that company. 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 has the same meaning as in 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. combined alcohol and drug driving offence means an offence against section 111A(1), (2) or (3). 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. digital driver licence has the meaning given by section 61A. 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 document, including an electronic document, issued in accordance with this Act or the regulations, demonstrating that a person has been authorised to drive one or more classes of motor vehicle on a road or road related area. 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, and (d) any other substance that, when taken by an ordinary person, is reasonably likely to deprive the person of, or impair, his or her normal mental or physical faculties (whether temporarily or permanently). 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. foreign driver licence means a licence, however described, to drive a motor vehicle that is— (a) held by a person who is ordinarily resident in a foreign country and not a permanent resident of Australia, and (b) issued in the country in which the person is ordinarily resident. 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 Transport for NSW 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 stated on the RAV for the vehicle, or (b) if the GVM is not stated on the RAV—as stated by the vehicle's manufacturer on an identification plate on the vehicle, or (c) if the GVM is not stated on the RAV or on the vehicle's identification plate, or if there is a specification on an identification plate on the vehicle but the specification is not appropriate because the vehicle has been modified—as certified by Transport for NSW. 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. heavy vehicle number-plate means a number-plate issued by Transport for NSW in connection with the registration of a heavy vehicle, but does not include a special number-plate or a number-plate, or class of number-plates, as may be determined by Transport for NSW. 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. identification plate means a plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989 of the Commonwealth as in force immediately before its repeal. 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. licensed repairer means a person who holds a motor vehicle repairer's licence within the meaning of the Motor Dealers and Repairers Act 2013, and includes any other person declared to be a licensed repairer by the statutory rules under this Act. 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, (d1) a combined alcohol and drug driving offence, (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 dealer has the same meaning as it has in the Motor Dealers and Repairers Act 2013, and includes any other person declared to be a motor dealer by the statutory rules under this Act. motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle. motor vehicle recycler has the same meaning as it has in the Motor Dealers and Repairers Act 2013, and includes any other person declared to be a motor vehicle recycler by the statutory rules under this Act. 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 heavy vehicles register—see section 104B. NSW written-off light 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 Transport for NSW. 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), (d) cocaine. 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. primary producer means a person who— (a) is a primary producer as defined by the statutory rules, and (b) meets the eligibility criteria for a primary producer, if any, prescribed by the statutory rules. primary producer's vehicle means a vehicle 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. RAV means the Register of Approved Vehicles kept under the Road Vehicle Standards Act 2018 of the Commonwealth, section 14(1). 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 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 Transport for NSW 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. Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988. 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 digital driver licence means displaying the digital driver licence, in accordance with section 61C, to a person for a purpose, including for one of the following purposes— (a) demonstrating that a person is the holder of a driver licence, (b) providing evidence or proof of the licence holder's age, address or identity, (c) satisfying a requirement under this Act, or another Act or law, to hold, produce or display, however described, a driver 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). (5) For the purposes of this Act, an offence is taken to have been dealt with by way of penalty notice if a penalty notice has been issued for the offence and— (a) the whole or any part of the penalty specified in the notice has been paid, or (b) the penalty specified in the notice has not been paid, the person to whom it was issued has not elected to have the matter dealt with by a court and the time for the person to have the matter so dealt with has lapsed. 5 References to "road" generally include "road related area" (cf Gen Act, s 3(3)) Each reference in this Act (except in this Part) to a road includes a reference to a road related area, unless otherwise expressly stated in this Act. 6 Meaning of "road transport legislation" (cf Gen Act, s 5) (1) In this Act, road transport legislation means the following— (a) this Act and the statutory rules, (b) (Repealed) (c) the Motor Vehicles Taxation Act 1988 and the regulations under that Act, (d) any other Act or statutory rule made under any other Act (or any provision of such an Act or statutory rule) that is prescribed by the statutory rules. (2) Statutory rules referred to in subsection (1)(d) prescribing an Act or statutory rule made under another Act (or provision of such an Act or statutory rule) cannot be made without the concurrence of the Minister administering the Act or statutory rule concerned. (3) A provision of this Act relating to the road transport legislation does not apply to the road transport legislation if that legislation provides otherwise either expressly or by necessary intendment. 7 Meaning of terms relating to registration (cf Gen Act, s 3(1); STM Act, cl 1 of Dict; VR Act, s 4) (1) Except as provided by subsections (2) and (3), in this Act registration in relation to a vehicle means registration of the vehicle in the NSW registrable vehicles register, and registered has a corresponding meaning. (2) In this Act, registration in Australia in relation to a vehicle means registration of the vehicle in an Australian registrable vehicles register, and registered in Australia has a corresponding meaning. (3) In this Act, registration in another jurisdiction in relation to a vehicle means registration of the vehicle in an Australian registrable vehicles register (other than the NSW registrable vehicles register), and registered in another jurisdiction has a corresponding meaning. 8 Meaning of terms relating to registered operators (cf Gen Act, s 3(1); VR Act, s 4) (1) Except as provided by subsections (2) and (3), in this Act a registered operator in relation to a vehicle means a person recorded in the NSW registrable vehicles register as the person responsible for the vehicle. (2) In this Act, an Australian registered operator— (a) in relation to a vehicle (including a vehicle in a combination)—means a person recorded in an Australian registrable vehicles register as the person responsible for the vehicle, or (b) in relation to a combination—means a person recorded in an Australian registrable vehicles register as the person responsible for the towing vehicle in the combination. (3) In this Act, a registered operator in another jurisdiction— (a) in relation to a vehicle (including a vehicle in a combination)—means a person recorded in an Australian registrable vehicles register (other than the NSW registrable vehicles register) as the person responsible for the vehicle, or (b) in relation to a combination—means a person recorded in an Australian registrable vehicles register (other than the NSW registrable vehicles register) as the person responsible for the towing vehicle in the combination. 9 Determination of "first offence" and "second or subsequent offence" (cf DL Act, ss 25(5) and 25A(11); Gen Act, s 96; STM Act, cl 2 of Dict) (1) Application of section This section applies to the determination of whether an offence against a provision of this Act or the statutory rules is— (a) a first offence, or (b) a second or subsequent offence. Note. The Act and the statutory rules provide in some cases for different penalties or disqualification periods, or for forfeitures or the making of mandatory interlock orders, in connection with an offence depending on whether a particular offence is a first offence or a second or subsequent offence. (2) Second or subsequent offence If a person is convicted of an offence (the new offence) against a provision of this Act or the statutory rules, the new offence is a second or subsequent offence only if— (a) the person, within the applicable re-offending period (if any) for the offence concerned, was convicted of another offence (the previous offence) that was— (i) an offence against the same provision, or (ii) an offence against a former corresponding provision, or (iii) an equivalent offence to the new offence, and (b) the occasion when the new offence occurred was different from the occasion when the previous offence occurred. (2A) Second or subsequent offence where previous offence dealt with by way of penalty notice If a person is convicted of an offence against this Act (the new offence), that offence is a second or subsequent offence if— (a) within the period of 5 years immediately before being convicted of the new offence, the person committed an alcohol or other drug related driving offence (the previous offence), and (b) that previous offence— (i) was against the same provision as, or was an equivalent offence to, the new offence, and (ii) was dealt with by way of penalty notice, and (c) the occasion when the new offence occurred was different from the occasion when the previous offence occurred. (3) Except as provided by subsection (4), the applicable re-offending period for a particular offence for the purposes of subsection (2)(a) is— (a) the period of 5 years, or (b) such other period as may be specified by a provision of this Act (in the case of offences against this Act) or the statutory rules (in the case of offences against the statutory rules) as the applicable re-offending period for the offence for the purposes of this section. (4) An offence does not have an applicable re-offending period if a provision of this Act (in the case of offences against this Act) or the statutory rules (in the case of offences against the statutory rules) specifies that there is no such period for the offence for the purposes of this section. (5) A previous offence is an equivalent offence to a new offence for the purposes of subsection (2)(a)(iii) or (2A)(b)(i) if— (a) where the new offence is an offence against section 54(1)—the previous offence was an offence against section 53(3) or 54(3) or (4) or a corresponding former provision or a major offence, or (b) where the new offence is an offence against section 54(3)—the previous offence was an offence against section 53(3) or 54(1) or (4) or a corresponding former provision or a major offence, or (c) where the new offence is an offence against section 54(4)—the previous offence was an offence against section 53(3) or 54(1) or (3) or a corresponding former provision or a major offence, or (d) where the new offence is an offence against a provision of Chapter 5 or Schedule 3—the previous offence was a major offence, or (e) a provision of this Act (in the case of offences against this Act) or the statutory rules (in the case of offences against the statutory rules) declares the offence to be an equivalent offence to another offence for the purposes of this section. (6) Without limiting subsection (5)(e), an offence against a law of another jurisdiction may be declared to be an equivalent offence for the purposes of this section. (7) In determining whether an offence is a second or subsequent offence, the following matters are immaterial— (a) the order in which the offences concerned are committed, (b) whether or not the offences concerned were subject to the same penalties. (8) First offence An offence against a provision of this Act or the statutory rules is a first offence if it is not a second or subsequent offence. (9) If the court is satisfied that a person is guilty of an offence but cannot determine (from the information available to the court) whether the offence is a first offence for which the person was convicted, the court may only impose a penalty for the offence as if it were a first offence. 10 Meaning of "responsible person" for a vehicle (cf Gen Act, s 6) (1) In the road transport legislation, the responsible person for a vehicle means— (a) in relation to a vehicle that is registered in Australia—each of the following persons— (i) an Australian registered operator of the vehicle, except where the vehicle has been disposed of by the operator, (ii) if the vehicle has been disposed of by a previous Australian registered operator—a person who has acquired the vehicle from the operator, (iii) a person who has a legal right to possession of the vehicle (including any person who has the use of the vehicle under a lease or hire-purchase agreement, but not the lessor while the vehicle is being leased under any such agreement), and (b) in relation to a vehicle to which a trader's plate is affixed that is not registered in Australia—each of the following persons— (i) the person to whom the trader's plate is issued, (ii) a person who has a legal right to possession of the vehicle (including any person who has the use of the vehicle under a lease or hire-purchase agreement, but not the lessor while the vehicle is being leased under any such agreement), and (c) in relation to a vehicle that is not registered in Australia and to which no trader's plate is affixed—each of the following persons— (i) a person who was last recorded in an Australian registrable vehicles register as being responsible for the vehicle, (ii) a person who has a legal right to possession of the vehicle (including any person who has the use of the vehicle under a lease or hire-purchase agreement, but not the lessor while the vehicle is being leased under any such agreement), and (d) any other person (or class of persons) prescribed by the statutory rules for the purposes of this definition. (2) For the purposes of subsection (1)(d), the statutory rules may prescribe different persons for different provisions of the road transport legislation. 11 Rights, liabilities and obligations of multiple responsible persons (cf Gen Act, s 7) (1) Subject to any statutory rules made for the purposes of subsection (2), if more than one person is the responsible person for a vehicle at any one time, a reference in any relevant legislation to the responsible person for a vehicle within the meaning of this Act or any other road transport legislation is taken to include a reference to each person who is a responsible person for such a vehicle. (2) The statutory rules may provide for the determination of the respective rights, liabilities and obligations of each responsible person for a vehicle under any relevant legislation, but only with the concurrence of the Minister administering the relevant legislation. (3) In this section— relevant legislation means— (a) a provision of the road transport legislation, or (b) a provision of any other Act (or a provision of a statutory rule made under any such Act) concerned with the responsible person for a vehicle within the meaning of this Act or any other road transport legislation. 12 Application of Acts Interpretation Act 1901 (Cth) (cf DL Act, s 5; STM Act, s 6; VR Act, s 5) (1) The statutory rules may apply (whether with or without modifications) any or all of the provisions of the Acts Interpretation Act 1901 of the Commonwealth to the interpretation of— (a) this Act or the statutory rules (or specified provisions of this Act or the statutory rules), or (b) any instrument made under this Act or the statutory rules (or specified provisions of any such instrument). (2) This section does not prevent the Interpretation Act 1987 from applying to any provision of this Act or the statutory rules (or of an instrument made under this Act or the statutory rules) to the extent that it can do so consistently with the application of the Acts Interpretation Act 1901 of the Commonwealth to any such provision by a statutory rule referred to in subsection (1). 13 Notes Notes included in this Act do not form part of this Act. Note. For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings drawing attention ("cf") to equivalent or comparable (though not necessarily identical) provisions of other Acts and statutory rules (as in force immediately before the enactment of this Act). Abbreviations in these notes include the following— (a) DL Act is a reference to the Road Transport (Driver Licensing) Act 1998 No 99, (b) Gen Act is a reference to the Road Transport (General) Act 2005 No 11, (c) Gen Reg is a reference to the Road Transport (General) Regulation 2005, (d) STM Act is a reference to the Road Transport (Safety and Traffic Management) Act 1999 No 20, (e) STM Reg is a reference to the Road Transport (Safety and Traffic Management) Regulation 1999, (f) VR Act is a reference to the Road Transport (Vehicle Registration) Act 1997 No 119. Part 1.3 Application Division 1 General 14 General relationship with other laws (cf Gen Act, s 14) (1) Other Acts and laws not affected except as provided by this section Subject to this section, nothing in the road transport legislation— (a) affects any of the provisions of any other Act or any statutory rule made under any other Act, or takes away any powers vested in any person or body by any other Act or statutory rule made under any other Act, except as provided by this section, or (b) affects any liability of any person at common law except to the extent that the road transport legislation provides otherwise either expressly or by necessary intendment. (2) This Act and statutory rules to be interpreted as generally prevailing over other legislation in cases of inconsistency An Act that forms part of the road transport legislation is to be construed as prevailing over any other Act to the extent of any inconsistency unless the other Act provides otherwise either expressly or by necessary intendment. (3) An Act that forms part of the road transport legislation is to be construed as prevailing over any statutory rule made under any other Act to the extent of any inconsistency unless the other Act provides otherwise either expressly or by necessary intendment. (4) A statutory rule that forms part of the road transport legislation is to be construed as prevailing over any other Act or statutory rule made under another Act to the extent of any inconsistency in respect of driver licensing, vehicle registration or traffic on roads (or other related matters) unless the other Act provides otherwise either expressly or by necessary intendment. (5) Statutory rules may displace operation of subsections (2)–(4) Despite subsections (2)–(4), the statutory rules may provide that any other Act or a statutory rule (or any provision of another Act or statutory rule) is to be construed as prevailing over an inconsistent provision of the road transport legislation. Note. The expression statutory rule is defined in the Interpretation Act 1987 to mean— (a) a regulation, by-law, rule or ordinance— (i) that is made by the Governor, or (ii) that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor, or (b) a rule of court. 15 Statutory rules may disapply roads legislation in certain circumstances (cf Gen Act, s 12) (1) For the purpose of facilitating the administration and enforcement of the road transport legislation, the statutory rules may provide that specified roads legislation (or specified provisions of the roads legislation) does not apply to a vehicle, person or animal (or any class of vehicles, persons or animals) to the extent specified by the statutory rules. (2) In this section— roads legislation means— (a) the Roads Act 1993 (or any regulations made under that Act), or (b) the Heavy Vehicle National Law (NSW) (or any regulations in force for the purposes of that Law). 16 Contracting out prohibited (cf Gen Act, s 9) A term of any contract or agreement that purports to exclude, limit or modify the operation of this Act or of any provision of this Act is void to the extent that it would otherwise have that effect. 17 Act to bind Crown (cf DL Act, s 6; Gen Act, s 8; STM Act, s 5; VR Act, s 23) This Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament of this jurisdiction permits, the Crown in all its other capacities. Division 2 Alteration of scope of operation of road transport legislation 18 Power of Minister to include or exclude areas (cf Gen Act, s 15) (1) The Minister may declare, by order published in the Gazette, that the road transport legislation, or any specified provision of the road transport legislation— (a) applies to a specified area of this jurisdiction that is open to or used by the public, or (b) does not apply to a specified road. Note. The Minister may amend, rescind, revoke or repeal an order made under this section. See section 43 of the Interpretation Act 1987 and the definition of repeal in that Act. (2) The declaration has effect until it is rescinded, revoked or repealed, or for the period specified in the declaration. 19 Power of Minister to exclude vehicles, persons or animals (cf Gen Act, s 16) (1) The Minister may declare, by order published in the Gazette, that the road transport legislation (or a specified provision of the road transport legislation) does not apply to a vehicle, person or animal in any location or circumstance specified in the order. Note. The Minister may amend, rescind, revoke or repeal an order made under this section. See section 43 of the Interpretation Act 1987 and the definition of repeal in that Act. (2) The declaration has effect until it is rescinded, revoked or repealed, or for the period specified in the declaration. 20 Minister to consult before making certain declarations (cf Gen Act, s 17) Before making a declaration under this Division in respect of Chapter 4 (Vehicle registration), or any statutory rules made for the purposes of that Chapter, the Minister is to consult with the Minister administering the Motor Accident Injuries Act 2017. 21 Statutory rules may exclude vehicles, animals and persons (cf DL Act, s 20(2)(k) and (l); Gen Act, s 13; STM Act, s 72; VR Act, s 16) (1) The statutory rules may— (a) exempt a vehicle, person or animal (or a class of vehicles, persons or animals of a kind) identified in the statutory rules from the operation of this Act or the statutory rules (or specified provisions of this Act or the statutory rules), and (b) authorise Transport for NSW to exempt a vehicle, person or animal (or a class of vehicles, persons or animals of a kind) identified in the statutory rules from the operation of this Act or the statutory rules (or specified provisions of this Act or the statutory rules), and (c) without limiting paragraphs (a) and (b), provide that this Act or the statutory rules (or specified provisions of this Act or the statutory rules) do not apply to a driver or a class of drivers. (2) An exemption granted by or under the statutory rules as referred to in subsection (1) may be given unconditionally or on specified conditions. (3) The statutory rules may provide for Transport for NSW to do either or both of the following— (a) to suspend the operation of any statutory rule referred to in subsection (1) in such manner and in such circumstances as may be specified by the statutory rules, (b) to suspend the operation of an exemption, or to revoke an exemption, given by it to any vehicle, person or animal in such manner and in such circumstances as may be specified by the statutory rules. 22 (Repealed) Chapter 2 Statutory rules 23 General power to make regulations and rules (cf DL Act, s 19(1); Gen Act, s 10(1); STM Act, ss 71(1) and 72A; VR Act, s 14(1)) (1) The Governor may make regulations and rules, 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) Without limiting section 43 of the Interpretation Act 1987, the rules may amend or repeal the regulations and the regulations may amend or repeal the rules. Note. Section 43 of the Interpretation Act 1987 provides that if an Act confers a power on any person or body to make a statutory rule, the power includes power to amend or repeal any statutory rule made in the exercise of that power. (3) A reference in any other Act or law to a matter prescribed by the rules or regulations under this Act (however expressed) includes a reference to a matter prescribed by the statutory rules. (4) The same legal rules and principles apply to the resolution of an inconsistency between a rule and a regulation as apply to the resolution of an inconsistency between regulations. 24 Examples of statutory rule-making powers (cf DL Act, s 20(4) and (5); STM Act, s 71(2) and (11)) (1) Without limiting section 23 or any other provision of this Act conferring a power to make statutory rules, the statutory rules may make provision for or with respect to the matters set out in Schedule 1 (Examples of statutory rule-making powers). (2) Without limiting Schedule 1 or any other provision of this Act conferring a power to make statutory rules in relation to fees, the statutory rules may impose a fee in respect of services provided by Transport for NSW under this Act or the statutory rules despite the fact that the fee may also comprise a tax. (3) A provision of the statutory rules made for the purposes of clause 1(2)(g) of Schedule 1 has effect despite anything to the contrary in section 150(5) of the Liquor Act 2007. 25 Incorporation of documents and modification of definitions (cf DL Act, s 19(2); Gen Act, s 11(3); STM Act, s 71(3)–(6)) (1) The statutory rules— (a) may apply, adopt or incorporate, whether wholly or in part or with or without modifications, any of the following (either as in force or effect at a particular time or from time to time)— (i) any publication of the National Transport Commission that has been approved (whether before or after the commencement of this section) by the Australian Transport Council, (ii) a national road vehicle standard under the Road Vehicle Standards Act 2018 of the Commonwealth, section 12, (iii) any other publication (including any Act or statutory rule of another jurisdiction), and (b) may apply to any provision of the statutory rules, whether wholly or in part or with or without modifications, the provisions of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth. (2) Subsection (1)(a) extends to documents approved by the Australian Transport Council that have been published in this jurisdiction by Transport for NSW on behalf of the National Transport Commission. (3) If a statutory rule applies, adopts or incorporates by way of reference any publication (or provision of a publication) referred to in subsection (1)(a) of the National Transport Commission that has been approved by the Australian Transport Council, evidence of the publication or provision may be given in any proceedings— (a) by the production of a document purporting to be a copy of it and purporting to be published by or on behalf of the National Transport Commission, or (b) by the production of a document purporting to be a copy of it and purporting to be— (i) published on the NSW legislation website, in the Gazette or on another NSW Government website, or (ii) printed by the authority of the Government, or (iii) printed by the government printer or by the authority of the government of another jurisdiction. (4) For the purposes of the statutory rules, the statutory rules may define an expression (or apply, adopt, or incorporate a definition of an expression in a publication referred to in subsection (1)(a)) that is defined by this Act— (a) in the same (or in substantially the same) way as it is defined by this Act, or (b) by reference to one or more classes of matter included in the expression as defined by this Act, or (c) by reference to a combination of classes of matter included in the expression as defined by this Act and in any other expression defined by this Act (but not so as to exceed the power to make statutory rules in respect of those classes of matter), or (d) for the purposes of applying, adopting or incorporating a publication of the National Transport Commission that has been approved by the Australian Transport Council—in the same way as it is defined in the publication despite anything contained in this Act or any other road transport legislation. 26 Offences in the statutory rules and certificate evidence (cf DL Act, ss 19(3) and 19A; Gen Act, ss 10(4), 11A(3), 11B(3), 11C(3) and 28A(3); STM Act, s 71(7)–(10); VR Act, s 14(4)) (1) Subject to subsection (2), the statutory rules may create offences (including by making provision for or with respect to defences for such offences and who bears the onus of proof in respect of such defences). (2) Offences created by the statutory rules may be made punishable by a penalty not exceeding 50 penalty units. (3) In addition to a penalty referred to in subsection (2), the statutory rules may provide for a person who is convicted of an offence against this Act or the statutory rules— (a) to be automatically disqualified by virtue of the conviction from holding a driver licence for a period not exceeding 6 months, or (b) to be disqualified by order of the court that convicts the person of the offence from holding a driver licence for such period as the court thinks fit (whether for a period that is shorter or longer than a period of automatic disqualification referred to in paragraph (a)). (4) The statutory rules may provide for a person who is prosecuted for an aggravated form of an offence against the statutory rules to be convicted by a court of a lesser offence if the court is not satisfied that the elements of the aggravated offence have been proven, but is satisfied that the elements of the lesser offence have been proven. (5) The statutory rules may provide for a document that is signed or purports to be signed by or on behalf of Transport for NSW or other specified person in respect of a speed limit applying to a road that certifies any matter specified by the statutory rules concerning the speed limit (or the operation of any device by means of which the speed limit is imposed) to be admissible and prima facie evidence of that matter in proceedings before a court or tribunal. Chapter 3 Driver licensing Part 3.1 General functions of TfNSW in relation to driver licensing 27 Maintenance of NSW driver licence register and other functions (cf DL Act, s 8) (1) Transport for NSW is to maintain a register of driver licences (the NSW driver licence register) in accordance with this Chapter and the statutory rules. (2) Transport for NSW also has the following functions under this Chapter— (a) to administer the driver licensing system established by this Chapter and the statutory rules, (b) to mai