(1) A member of the public is entitled, as of right, to pass along a public road (whether on foot, in a vehicle or otherwise) and to drive stock or other animals along the public road.
(1) The Minister may, by order published in the Gazette, declare to be a transitway:
(a) any public road, or (b) any road that is owned by the RTA and that is designed to facilitate the movement of vehicular traffic, or (c) any road proposed to be constructed on land owned, leased or controlled, or to be owned, leased or controlled, by the RTA.
(1) An order may not be made under this Division otherwise than on the recommendation of the RTA.
(1) The whole of a road, or part only of the length or width of a road or a single level only of a road, may be classified under this Division.
(1) The RTA may exercise the functions of a roads authority with respect to any classified road, whether or not it is the roads authority for that road and, in the case of a classified road, whether or not that road is a public road.
(1) The RTA may carry out traffic control work on all public roads, on all parts of transitways that are not public roads and on all roads or road related areas within the meaning of the (other than roads or road related areas that are the subject of any declaration made under section 15 (1) (b) of that Act relating to all of the provisions of that Act). Road Transport (General) Act 2005
(1) A roads authority may, for the purpose of draining or protecting a public road, carry out drainage work in or on any land in the vicinity of the road.
(1) A roads authority may direct an irrigation corporation, a private irrigation board, a private drainage board or a private water trust (within the meaning of the ) to repair or maintain any water supply work or drainage work: Water Management Act 2000
(a) that is situated in, on or over a public road, and (b) that is controlled by that body.
(1) A person who causes damage to a public road, or to any road work on a public road or any traffic control facility on a road or road related area within the meaning of the (other than a road or road related area that is the subject of a declaration made under section 15 of that Act relating to all of the provisions of that Act), is liable to pay to the appropriate roads authority the cost incurred by that authority in making good the damage. Road Transport (General) Act 2005
(1) A roads authority may direct:
(a) any person who causes an obstruction or encroachment on a public road, or (b) the owner of any land that is used, or is able to be used, in connection with an obstruction or encroachment on a public road, to remove the obstruction or encroachment.
(1) An occupier of land adjoining an unfenced public road across which a public gate is situated at the point where the road intersects a boundary fence:
(a) must not, unless the appropriate roads authority so permits, and (b) must, if the appropriate roads authority so requires, construct a by-pass for vehicles at the intersection of the road with the boundary fence. Maximum penalty: 10 penalty units.
(1) A roads authority, in granting consent under this Division to the erection of a structure in, on or over a public road and located in a built-up area, may, without limiting section 139, impose conditions:
(a) permitting the use of the structure for the purpose of selling any article or service, and (b) requiring payments in the nature of rent.
(1) A roads authority may, at the end of the term of a street vending consent, extend the term of the consent for such further period (not exceeding 7 years) as is specified in the consent. (2) An extension may be granted on the application of the holder of the consent.
(1) A person who has a right to the control, use or benefit of a structure or work in, on or over a public road:
(a) must maintain the structure or work in a satisfactory state of repair, and (b) in the case of a structure (such as a grating or inspection cover) located on the surface of the road, must ensure that the structure is kept flush with the surrounding road surface and that the structure and surrounding road surface are so maintained as to facilitate the smooth passage of traffic along the road, and the person is, by this section, empowered to do so accordingly. Maximum penalty: 30 penalty units.
(1) A roads authority, in the exercise of any of its functions under this Act, must not, without the prior consent of the Director-General:
(a) carry out, or authorise the carrying out, of any work, or (b) grant any consent or authorisation or issue any direction, or (c) take any other action (including disposing of or granting any interest in land), that prevents or otherwise obstructs the passage of light rail vehicles along the route of a light rail system declared under the or the carrying out or use of any work approved under section 144C. Transport Administration Act 1988
(1) A roads authority may apply to an authorised officer within the meaning of the if the roads authority is of the opinion that it is necessary for the authority to enter and inspect any land (including any building used for residential purposes) for the purposes of this Act. Law Enforcement (Powers and Responsibilities) Act 2002
(1) Any person who is not empowered to compulsorily acquire land may apply to the Minister for the acquisition under this Division of land (other than unoccupied Crown land) for the purposes of a public road.
(1) The Minister:
(a) must decide whether to deal with the application or whether to refuse to deal with the application, and (b) must give notice to the applicant of the decision and (if the Minister decides to refuse to deal with the application) of the reasons for the decision.
(1) As soon as practicable after compensation has been agreed or determined under this Division, the Minister:
(a) must require the applicant to pay to the Minister such part of the compensation so determined as is to be paid in money, and (b) must pay any such amount received from the applicant into a trust account for payment to the persons entitled to the compensation, and (c) must, on acquiring the land, pay the compensation to each person entitled to compensation for the acquisition of the land.
(1) This section applies to a bridge, tunnel or road-ferry that forms part of a metropolitan main road or highway (but not a freeway) and that is under the control of the RTA. (2) The RTA may, with the approval of the Minister, levy tolls and charges in connection with traffic that uses a bridge, tunnel or road-ferry.
(1) This section applies to a road-ferry that forms part of a public road (other than a freeway, metropolitan main road or highway) and that is under the control of a roads authority other than the RTA.
(1) If an authorised officer suspects on reasonable grounds that the driver of a vehicle has committed an offence against this Act or the regulations, the officer may require the owner of the vehicle or the person in charge of the vehicle to produce immediately to the officer:
(a) the name and residential address of the driver of the vehicle, the weight and description of the vehicle’s load and the unladen weight of the vehicle, as at the time of commission of the suspected offence, and (b) such documents as are in the person’s possession or control and as relate to the vehicle or its load, and (c) such other information relevant to the suspected offence as it is in the power of the person to give, and may also require the driver of the vehicle to produce to the officer the person’s driver licence. (2) The officer may require the information to be given either orally or by a signed statement.
(1) This section applies to any offence against this Act or the regulations:
(a) that arises from a failure or refusal to pay any toll or charge (including a private toll or charge) in respect of vehicles using any tollway, bridge, tunnel or road-ferry, or (b) that arises from the driving, using, standing, waiting or parking of a vehicle and that is prescribed by the regulations for the purposes of this section, in this section referred to as a driving offence .(2) The owner of a vehicle with respect to which a driving offence is committed is, by virtue of this section, guilty of the offence as if the person were the actual offender, unless:
(a) if the offence is dealt with by penalty notice, the owner satisfies an authorised officer that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used, or (b) in any other case, the court is satisfied that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used. (3) Nothing in this section affects the liability of an actual offender in respect of a driving offence but, if a penalty has been imposed on, or recovered from, any person in relation to a driving offence, no further penalty can be imposed on or recovered from any other person in relation to the offence.
(1) A certificate that is issued on behalf of a roads authority by a person prescribed by the regulations, or by a person belonging to a class of persons so prescribed, being a certificate that states that on a date or during a period specified in the certificate:
(a) a specified road was or was not of a specified classification, or (b) the boundaries or levels of a specified road were as specified in the certificate, or (c) a specified person was or was not an authorised officer for that authority for the purposes of this Act and the regulations or for the purposes of a specified provision of this Act or the regulations, or (d) a specified toll or charge was in force with respect to a specified tollway, bridge, tunnel or road-ferry, or (e) a specified part of a footway was or was not the subject of a specified approval for a footway restaurant, or (f) a specified gate was or was not the subject of a public gate permit, or (g) a specified work or structure was or was not the subject of a consent given, extended or transferred by the roads authority, or (g1) a specified structure in, on or over a specified road was or was not the subject of a specified consent referred to in section 139A, or (h) a specified activity was or was not the subject of a road event permit with respect to a specified public road, or (i) a specified notice was or was not erected in a specified location, or (j) a specified vehicle was or was not the subject of a specified excess weight permit, or (k) a specified vehicle was measured as having had a specified laden or unladen weight or as having had a load of a specified weight, or (l) a specified part of a vehicle or a specified part of a vehicle’s load was measured as having had a specified weight, is admissible in any legal proceedings and is evidence of the fact or facts so stated.
(1) In this section: approved toll camera means a digital camera of a type approved by the Governor by order published in the Gazette as being designed to take a photograph of a vehicle that is driven in contravention of a requirement to pay a toll and to record on the photograph:
(a) the date on which the photograph is taken, and (b) the time and location at which the photograph is taken, and (c) the direction in which the vehicle activating the camera is travelling, and (d) such information with respect to the failure to pay a toll payable in connection with the driving of the vehicle at that time and location as may be prescribed by the regulations. authorised person means a person authorised by the RTA to install and inspect approved toll cameras.digital camera means a camera recording device that is capable of recording images in a digitalised format.photograph includes a digitalised, electronic or computer generated image in a form approved by the RTA.toll includes a charge or a private toll or charge.toll offence means an offence under the regulations of failing or refusing to pay a toll.(2) In proceedings for a toll offence:
(a) a photograph tendered in evidence as a photograph taken by means of the operation, on a day specified on the photograph, of an approved toll camera installed at a location specified on the photograph, and as bearing a security indicator of a kind prescribed by the regulations, is admissible and is to be presumed:
(i) to have been so taken unless evidence sufficient to raise doubt that it was so taken is adduced, and (ii) to bear such a security indicator unless evidence sufficient to raise doubt that it does so is adduced, and (b) evidence that a photograph tendered in evidence bears a security indicator of a kind prescribed by the regulations is prima facie evidence that the photograph has not been altered since it was taken, and (c) any such photograph is prima facie evidence of the matters shown or recorded on the photograph.
(1) Any document that is authorised or required by or under this Act to be given to or served on any person (other than a corporation) may be given or served:
(a) personally, or (b) by means of a letter addressed to the person and sent by post to the person’s address, or (c) by means of a letter addressed to the person and left at the person’s address with a person who appears to be of or above the age of 16 years and to reside at that address.
(Section 267)