Note— This Act and the regulations made under it form part of the road transport legislation identified by section 5. Other road transport legislation includes the, the Road Transport (Driver Licensing) Act 1998 , the Road Transport (Heavy Vehicles Registration Charges) Act 1995 , the Road Transport (Safety and Traffic Management) Act 1999 , the Road Transport (Vehicle Registration) Act 1997 and the regulations made under those Acts. As part of the road transport legislation, this Act is subject to various provisions in this Act concerning the administration and enforcement of the road transport legislation generally. Motor Vehicles Taxation Act 1988
(cf former Act, s 3, model provisions, s 6)
(1) This section applies to an intelligent transport system that is required or permitted to be used by or under an applicable road law or any exemption, authority or condition given or imposed by or under an applicable road law. (2) Regulations may be made for or with respect to the following matters relating to intelligent transport systems:
(a) conditions relating to intelligent transport systems, (b) regulating or prohibiting the collection, storage, use and disclosure of information obtained by the use of an intelligent transport system, or obtained for the purposes of such a system or a proposed system, (c) the records to be kept in relation to information obtained by the use of an intelligent transport system, (d) the reports to be made in relation to the operation of, or any other matter relating to, an intelligent transport system, (e) regulating or prohibiting tampering with intelligent transport systems, (f) notification of persons about whom or in respect of whom information is obtained by the use of an intelligent transport system, (g) certification of providers of intelligent transport systems or of intelligent transport systems, (h) the functions of providers and auditors of intelligent transport systems, (i) the operation of intelligent transport systems, (j) without limiting paragraph (b), the use of information obtained by the use of an intelligent transport system for compliance or other law enforcement purposes, (k) monitoring and auditing of intelligent transport systems, providers of intelligent transport systems and persons required or permitted to use intelligent transport systems, (l) the use of certificates relating to the following matters as evidence in any proceedings before a court or tribunal:
(i) conditions relating to the use of intelligent transport systems imposed under this Act or the regulations, (ii) vehicles, operators and drivers subject to conditions referred to in subparagraph (i), (iii) operators, providers and auditors of intelligent transport systems, (iv) information obtained by the use of intelligent transport systems, (v) whether an intelligent transport system was or was not subject to any malfunction at a specified time, (vi) the map used for the purposes of an intelligent transport system, (vii) reports relating to intelligent transport systems, (viii) the correct operation and functioning of an intelligent transport system, (ix) the position of a vehicle on the surface of the earth at a particular time, (x) mathematical (including statistical) procedures used in relation to information obtained by the use of an intelligent transport system, (m) the use of reports generated by an intelligent transport system as evidence in any proceedings before a court or tribunal, (n) evidentiary presumptions as to the correct operation and functioning of an intelligent transport system, other matters relating to the operation of an intelligent transport system and information obtained by using such a system.
(cf model provisions, s 77)
(cf model provisions, s 78)
Note— The enforcement powers provided by this Division vary according to the risk category involved. The principal features are as follows:
(a) Minor risk breaches An authorised officer may authorise the driver to continue the journey (conditionally or unconditionally), but in particular circumstances the officer may direct the driver to rectify breaches then and there or to move the vehicle or combination to a suitable location (within a limited distance) and not proceed until breaches are rectified. (b) Substantial risk breaches An authorised officer must direct the driver not to proceed until breaches are rectified, but in particular circumstances (or acting under particular instructions) the officer may direct the driver to move the vehicle or combination to the nearest suitable location and not proceed until breaches are rectified. (c) Severe risk breaches An authorised officer must direct the driver not to proceed until breaches are rectified, but in limited particular circumstances (or acting under particular instructions) the officer may direct the driver to move the vehicle or combination to the nearest safe location and not proceed until breaches are rectified. Directions may instead be given to the operator of the vehicle or combination, who is required to ensure that the direction is carried out.
(cf model provisions, s 188)
Note— This Division authorises:
(a) premises of operators and a range of other premises to be inspected and searched. (b) vehicles or combinations to be inspected in any such premises and on roads, public places and certain official premises.
(cf model provisions, s 50)
(cf former Act, s 43) (1) Responsible person for vehicle taken to have committed designated offences If a designated offence occurs in relation to any registrable vehicle, the person who at the time of the occurrence of the offence is the responsible person for the vehicle is taken to be guilty of an offence under the provision concerned in all respects as if the responsible person were the actual offender guilty of the designated offence unless:
(a) in any case where the offence is dealt with under Part 5.3—the person satisfies the authorised officer under section 183 that:
(i) the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or (ii) the actual offender would have a defence to any prosecution for the designated offence brought against the offender, or (b) in any other case—the person satisfies the court hearing the proceedings for the offence that:
(i) the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or (ii) the actual offender would have a defence to any prosecution for the designated offence brought against the offender. (2) Liability of actual offender unaffected Nothing in this section affects the liability of the actual offender. However, if a penalty has been imposed on or recovered from any person in relation to any designated offence, no further penalty may be imposed on or recovered from any other person in relation to the offence. (3) When responsible person not liable for parking offence Despite subsection (1), the responsible person for a vehicle is not guilty of a parking offence by the operation of that subsection if:
(a) in any case where such an offence is dealt with under Part 5.3—the responsible person:
(i) within 21 days after service on the responsible person of a penalty notice alleging that the responsible person has been guilty of such offence, supplies by statutory declaration to the authorised officer under section 183 the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned, or (ii) satisfies the authorised officer that the responsible person did not know and could not with reasonable diligence have ascertained the name and address, or (b) in any other case—the responsible person:
(i) within 21 days after service on the responsible person of a summons in respect of the offence, supplies by statutory declaration to the informant the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned, or (ii) satisfies the court hearing the proceedings for the offence that the responsible person did not know and could not with reasonable diligence have ascertained the name and address. (4) Duty to inform if person not driver of vehicle committing camera recorded offence A person who:
(a) is served with a penalty notice or a court attendance notice in respect of a camera recorded offence, and (b) was not the driver of the vehicle to which the offence relates at the time the offence occurred, must, within 21 days after service of the notice, supply by statutory declaration to the authorised officer under section 183 (in the case of a penalty notice) or the prosecutor (in the case of a court attendance notice) the name and address of the person who was in charge of the vehicle at the time the offence occurred. (5) For the purposes of subsections (3) and (4), it is presumed that a penalty notice served on a person by post is served on the person 21 days after it is posted, unless the person establishes that it was not received by the person, or was not received by the person within the 21-day period.
(cf former Act, s 24) (1) Subject to section 188 of this Act, section 40 of the and sections 25 and 25A of the Road Transport (Safety and Traffic Management) Act 1999 , a court that convicts a person of an offence under the road transport legislation may, at the time of the conviction, order the disqualification of the person from holding a driver licence for such period as the court specifies. Road Transport (Driver Licensing) Act 1998 (2) If the court makes an order disqualifying the person, the person is disqualified from holding a driver licence for the period specified by the court.
(cf former Act, s 25) (1) Definitions In this section: automatic disqualification means a disqualification under this section from holding a driver licence without specific order of a court.convicted person means:
(a) a person who is, 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 person at the time of the occurrence out of which the death of or harm to the other person arose, convicted of:
(i) the crime of murder or manslaughter, or (ii) an offence under section 33, 35, 53 or 54 or any other provision of the , or Crimes Act 1900 (b) a person who is convicted of an offence under section 51A or 52AB of the , or Crimes Act 1900 (c) a person who is convicted of an offence under any of the following provisions:
(i) section 42 of the of driving a motor vehicle on a road furiously or recklessly or at a speed or in a manner which is dangerous to the public, Road Transport (Safety and Traffic Management) Act 1999 (ii) section 42 of the of driving a motor vehicle negligently (being driving occasioning death or grievous bodily harm), Road Transport (Safety and Traffic Management) Act 1999 (iii) section 43 of the , Road Transport (Safety and Traffic Management) Act 1999 (iv) section 9 (1A), (1), (2) (a) or (b), (3) (a) or (b), (4) (a) or (b) or section 15 (4) or 16 of the , Road Transport (Safety and Traffic Management) Act 1999 (v) section 22 (2) of the , Road Transport (Safety and Traffic Management) Act 1999 (vi) section 12 (1) (a) or (b) of the , Road Transport (Safety and Traffic Management) Act 1999 (vii) section 29 (2) of the , Road Transport (Safety and Traffic Management) Act 1999 (viii) section 70 of the , Road Transport (Safety and Traffic Management) Act 1999 (ix) section 11B, 18D (2), 18E (9), 18G (1) or 24D (1) of the , or Road Transport (Safety and Traffic Management) Act 1999 (d) a person who is convicted of aiding, abetting, counselling or procuring the commission of, or being an accessory before the fact to, any such crime or offence. conviction means the conviction in respect of which a person is a convicted person.ordered disqualification means disqualification under this section from holding a driver licence that is ordered by a court.
(cf former Act, s 34) (1) If a person is charged by a police officer with:
(a) an offence involving the death of, or grievous bodily harm to, another person caused by the use of a motor vehicle, being an offence that comprises:
(i) the crime of murder or manslaughter, or (ii) an offence under section 33, 35 (1) (b), 52A or 54 of the , or Crimes Act 1900 (b) an offence under section 9 (3) or (4), 15 (4), 16 or 22 (2) of the , Road Transport (Safety and Traffic Management) Act 1999 the same or another police officer may, at any time within 48 hours after the person has been charged, give the person a suspension notice. (1A) If it appears to a police officer that a person has committed an offence under the (other than a camera recorded offence within the meaning of section 179 of this Act) of exceeding a speed limit prescribed under that Act by more than 45 kilometres per hour, the same or another police officer may, at any time within 48 hours of: Road Transport (Safety and Traffic Management) Act 1999
(a) the person being served with a penalty notice for the offence, or (b) the person being charged with the offence, give the person a suspension notice. (2) For the purposes of this section, a suspension notice is a notice, in a form approved by the Authority:
(a) if the person is charged with an offence referred to in subsection (1) or (1A)—informing the person that any driver licence held by the person is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until the charge is heard and determined by a court (or until the charge is withdrawn), and (b) if the person is served with a penalty notice for an offence referred to in subsection (1A)—informing the person that any driver licence held by the person is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until whichever of the following happens first:
(i) a period of 6 months elapses after the date on which the offence is alleged to have been committed, (ii) if the person elects to have the matter determined by a court in accordance with Part 3 of the —the matter is heard and determined by a court or a decision is made not to take or continue proceedings against the person, Fines Act 1996 (iii) a decision is made not to enforce the penalty notice, and (c) informing the person of the right of appeal under section 242, and (d) requiring the person:
(i) to surrender any such licence, by a date specified in the notice, to a police officer, or (ii) if the notice so specifies—to surrender any such licence in the person’s possession immediately to the police officer who gave the person the notice.
(cf former Act, s 35) (1) In this section: authorised visiting driver means a person:
(a) who is not the holder of a driver licence issued in New South Wales, and (b) who, being the holder of a licence or permit issued in a place outside New South Wales, has the benefit of any provision of the road transport legislation conferring on the person authority to drive in New South Wales. grievous bodily harm has the same meaning as it has in the. Crimes Act 1900 suspension notice , in relation to an authorised visiting driver who is charged with an offence referred in subsection (2) or (2A), or served with a penalty notice for an offence referred to in subsection (2A), means a notice, in a form approved by the Authority:
(a) if the driver is charged with an offence referred to in subsection (2) or (2A)—informing the driver that the driver’s authority to drive in New South Wales is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until the charge is heard and determined by a court (or until the charge is withdrawn), and (b) if the driver is served with a penalty notice for an offence referred to in subsection (2A)—informing the driver that the driver’s authority to drive in New South Wales is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until whichever of the following happens first:
(i) 6 months elapses after the date on which the offence is alleged to have been committed, (ii) if the driver elects to have the matter determined by a court in accordance with Part 3 of the —the matter is heard and determined by a court or a decision is made not to take or continue proceedings against the driver, Fines Act 1996 (iii) a decision is made not to enforce the penalty notice, and (c) informing the driver of the right of appeal under section 242.
(cf former Act, s 41)
(cf model provisions, s 163, former Act, s 46)
(cf former Act, s 58) (1) The Authority is to keep a register of written off and wrecked motor vehicles. (2) The register may include information notified to the Authority under this Division and such other information as the Authority considers appropriate.
(Section 245)