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 Motor Vehicles Taxation Act 1988 , the Road Transport (Driver Licensing) Act 1998 , the Road Transport (Safety and Traffic Management) Act 1999 and the statutory rules 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. Road Transport (Vehicle Registration) Act 1997
(cf former Act, s 3, model provisions, s 6)
(cf former Act, s 5)
(cf former Act, s 71)
(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, (o) specifying the nature of the evidence that may or may not be used to rebut an evidentiary presumption established by a regulation made under paragraph (n).
(1) Regulations may be made for or with respect to the management and prevention of driver fatigue in connection with the driving of heavy vehicles and heavy combinations.
(1) Regulations may be made for or with respect to the management and prevention of speeding in connection with heavy vehicles or heavy combinations.
(cf Roads Act, s 108)
(1) The Authority may issue an excess permit in respect of a vehicle.
(1) Regulations may be made for or with respect to the following matters:
(a) conditions of mass, dimension, load restraint or access concessions relating to incremental pricing charges, Note— See section 76 for the definition of mass, dimension, load restraint or access concession .(b) the determination of incremental pricing charges, (c) the notification of incremental pricing charges, (d) conditions of mass, dimension, load restraint or access concessions relating to payment (including prepayment) of incremental pricing charges, (e) the payment of money received by the Authority from incremental pricing charges to roads authorities and the use by roads authorities of that money, (f) the use of information obtained by the use of an intelligent transport system or by other means for the purposes of incremental pricing schemes, including (but not limited to) the calculation of incremental pricing charges, (g) the application of regulations made under section 11A to or in respect of the use, for the purposes of implementing and administering incremental pricing schemes, of information obtained by the use of an intelligent transport system, (h) the monitoring and auditing of incremental pricing schemes and participants in such schemes, (i) the records to be kept and information provided by such participants, (j) regulating or prohibiting the collection, storage, use and disclosure of information obtained for the purposes of incremental pricing schemes or proposed schemes, (k) without limiting paragraph (j), the use of information obtained for the purposes of an incremental pricing scheme for compliance or law enforcement purposes, (l) the use of certificates relating to the following matters as evidence in any proceedings before a court or tribunal:
(i) conditions relating to incremental pricing schemes, (ii) vehicles, operators and drivers subject to conditions referred to in subparagraph (i), (iii) information obtained by the use of intelligent transport systems or by other means and used for the purposes of incremental pricing schemes, (m) specifying the nature of the evidence that may or may not be used to rebut an evidentiary presumption established by a regulation made under paragraph (l), (n) refunds of excess charges, (o) any other matters ancillary or incidental to the operation of incremental pricing charges or schemes.
(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 181) (1) An employer must not dismiss an employee or contractor, injure an employee or contractor in his or her employment or alter an employee’s or contractor’s position to his or her detriment because the employee or contractor:
(a) has assisted or has given any information to a public agency in respect of a breach or alleged breach of an Australian applicable road law, or (b) has made a complaint about a breach or alleged breach of an Australian applicable road law to the employer, a fellow employee or fellow contractor, a trade union or a public agency. (2) An employer or prospective employer must not refuse or deliberately omit to offer employment to a prospective employee or prospective contractor or treat a prospective employee or prospective contractor less favourably than another prospective employee or prospective contractor would be treated in relation to the terms on which employment is offered because the first-mentioned prospective employee or contractor:
(a) has assisted or has given any information to a public agency in respect of a breach or alleged breach of an Australian applicable road law, or (b) has made a complaint about a breach or alleged breach of an Australian applicable road law to a former employer, a former fellow employee or former fellow contractor, a trade union or a public agency. (3) A person is guilty of an offence if:
(a) the person engages in conduct that results in a contravention of subsection (1), and (b) the person is an employer of the person concerned. Maximum penalty: 100 penalty units (in the case of an individual) or 500 penalty units (in the case of a corporation). (4) A person is guilty of an offence if:
(a) the person engages in conduct that results in a contravention of subsection (2), and (b) the person is an employer or prospective employer of the person concerned. Maximum penalty: 100 penalty units (in the case of an individual) or 500 penalty units (in the case of a corporation).
(cf model provisions, s 182) (1) This section applies to a person engaged or previously engaged in the administration of this Act and (without limiting the foregoing) to:
(a) a person who is or was a delegate of the Authority, or (b) a person who is or was employed by, or engaged to provide services to or on behalf of, the Authority, or (c) a person who is or was employed by, or engaged to provide services to, a person or body engaged to provide services to the Authority.
(cf model provisions, s 188)
(cf model provisions, s 23)
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.
(1) Application of section This section applies to a vehicle or combination located at a place:
(a) on any road, or (b) in or on any public place, or (c) in or on any premises occupied or owned by the Authority or by any other public authority, whether or not the vehicle or combination is unattended. (2) Power to search An authorised officer may search a vehicle or combination for compliance purposes, if the officer believes on reasonable grounds that there may be in or on the vehicle or combination records, devices or other things that may provide evidence of an offence under a regulation made under section 11B. (3) The officer may form the necessary belief during or after an inspection or independently of an inspection.
(1) An authorised officer may exercise powers under this section if the officer believes on reasonable grounds that a driver has committed a fatigue-related offence and:
(a) that the driver is impaired by fatigue that may have been caused by the occurrence of the offence, or (b) that the commission of the offence occurred sufficiently recently that there is a risk that the driver may be impaired by fatigue.
(cf model provisions, s 50)
(cf model provisions, s 149) (1) If a body corporate commits an offence under the road transport legislation, each director of the body corporate, and each person concerned in the management of the body corporate, is taken to have committed the offence and is punishable accordingly. (2) If a person who is a partner in a partnership commits an offence under an applicable road law in the course of the activities of the partnership, each other person who is a partner in the partnership, and each other person concerned in the management of the partnership, is taken to have committed the offence and is punishable accordingly. (3) If a person who is concerned in the management of an unincorporated association commits an applicable road law offence in the course of the activities of the unincorporated association, each other person concerned in the management of the unincorporated association is taken to have committed the offence and is punishable accordingly.
(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 relevant nomination document 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 court attendance notice 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 relevant nomination document 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. (6) Offence—failure to comply with subsection (4) A person must comply with subsection (4) unless the person satisfies:
(a) in the case of a penalty notice—the authorised officer, or (b) in the case of a court attendance notice—the court dealing with the camera recorded offence, or (c) in either case—the court dealing with the offence of failing to comply with subsection (4), that he or she did not know and could not with reasonable diligence have ascertained that name and address. Maximum penalty:
(a) if the offence relates to a vehicle registered otherwise than in the name of a natural person—100 penalty units, or (b) in any other case—50 penalty units. (7) Offence—false nomination of person in charge of vehicle A person must not, in a relevant nomination document supplied under subsection (4), falsely nominate another person as the person who was in charge of the vehicle at the time the offence occurred. Maximum penalty:
(a) if the offence relates to a vehicle registered otherwise than in the name of a natural person—100 penalty units, or (b) in any other case—50 penalty units. (7A) A court or authorised officer may have regard to a statutory declaration that is provided by a person in deciding, for the purposes of subsection (3), (4) or (7), whether the person did not know and could not with reasonable diligence have ascertained the name and address of the person in charge of a vehicle.
(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, 51B 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.
(1) This section applies to a licence disqualification (an orphan licence disqualification ) imposed on a person if:
(a) the licence disqualification is to be completed consecutively with another licence disqualification (the primary licence disqualification ) for the person, and(b) the primary licence disqualification ends prematurely because it is annulled, quashed or set aside, or is varied to shorten its period, before the date for its completion (whether or not the disqualification has already commenced), and (c) the premature ending of the primary licence disqualification results in a period (the disqualification orphan period ) during which the person would, but for this section, not be disqualified from holding a driver licence before the consecutive licence disqualification commences.(2) An orphan licence disqualification is taken by operation of this section (and without the need for a further order of a court):
(a) to commence at the beginning of what would otherwise have been the disqualification orphan period, and (b) to be completed after the expiry of a period that is equivalent in length to the period that the licence disqualification would have been in force if it had commenced and ended as intended. Note— Section 25A (1A) of the provides that the driver of a motor vehicle who drives the vehicle during a period of licence disqualification the commencement and completion dates of which have been altered by operation of this section is not guilty of driving while disqualified unless the Authority has previously given written notice of the altered dates to the driver. However, the operation of this section in other contexts (such as when a person seeks to apply for a driver licence) is not affected. Road Transport (Driver Licensing) Act 1998 (3) If the operation of this section in bringing forward the commencement of an orphan licence disqualification would result in:
(a) any other licence disqualifications intended to be completed consecutively with any different licence disqualifications (whether or not the orphan licence disqualification) not having effect consecutively, or (b) any other licence disqualifications intended to be wholly or partly completed concurrently with any different licence disqualifications (whether or not the orphan licence disqualification) not having effect concurrently, the commencement and completion dates for each of those other licence disqualifications are also brought forward by operation of this section (and without the need for a further order of a court) to the extent necessary to ensure that they continue to have effect consecutively or concurrently, as the case may be.
(cf former Act, s 26) (1) If, as a consequence of being convicted of an offence by a court, a person is disqualified under the road transport legislation (whether or not by an order of the court) from holding a driver licence, the disqualification operates to cancel, permanently, any driver licence held by the person at the time of his or her disqualification.
(cf former Act, s 30) (1) If a person is declared by section 199 to be an habitual traffic offender, the person is disqualified by the declaration (and without any specific order of a court) for a period of 5 years from holding a driver licence, except as provided by this Division. (2) If the court that convicts the person of the offence giving rise to the declaration thinks fit, the court may order a longer period of disqualification (including disqualification for life). (3) If the court that convicts the person of the offence giving rise to the declaration determines that a 5-year disqualification is a disproportionate and unjust consequence having regard to the total driving record of the person and the special circumstances of the case, the court may order a shorter period of disqualification (but not shorter than 2 years).
(cf former Act, s 31)
(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, 22 (2), 40 or 41 (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: Road Transport (Safety and Traffic Management) Act 1999
(a) exceeding a speed limit prescribed under that Act by more than 45 kilometres per hour, or (b) exceeding a speed limit prescribed under that Act by more than 30 kilometres per hour but not more than 45 kilometres per hour, as the holder of a learner licence or provisional licence for the class of vehicle being driven, the same or another police officer may, at any time within 48 hours of:
(c) the person being served with a penalty notice for the offence, or (d) the person being charged with the offence, give the person a suspension notice. (1B) If it appears to a police officer that a person has committed an offence under the regulations under the of being the holder of a learner licence driving unaccompanied by a supervising driver, the same or another police officer may, at any time within 48 hours of: Road Transport (Driver Licensing) Act 1998
(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.
(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. suspension notice , in relation to an authorised visiting driver who is charged with an offence referred in subsection (2), (2A) or (2B), or served with a penalty notice for an offence referred to in subsection (2A) or (2B), means a notice, in a form approved by the Authority:
(a) if the driver is charged with an offence referred to in subsection (2), (2A) or (2B)—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) or (2B)—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) a period of 6 months (in the case of an offence referred to in subsection (2A) (a)) or 3 months (in the case of an offence referred to in subsection (2A) (b) or (2B)) 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. (2) If an authorised visiting driver 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, 22 (2), 40 or 41 (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 authorised visiting driver has been charged, give the authorised visiting driver a suspension notice.
(cf former Act, s 39) (1) A police officer who reasonably believes that a motor vehicle:
(a) is being or has (on that day or during the past 10 days) been operated on a road so as to commit an offence under section 40 or 41 of the , or Road Transport (Safety and Traffic Management) Act 1999 (b) is the subject of a period of clamping or impounding, or the subject of forfeiture, under section 219 or 219A, may take any one or more of the actions specified in subsection (1A). (1A) The police officer may do any one or more of the following:
(a) clamp the motor vehicle (if the police officer is a clamping agent) or cause the vehicle to be clamped by a clamping agent, (b) seize and take charge of the motor vehicle and cause it to be removed to a place determined by the Commissioner, (c) immediately, or as soon as practicable afterwards, give the driver, and (if the driver is not the registered operator of the motor vehicle) the registered operator, a notice requiring the driver or registered operator to remove or cause the vehicle to be removed to, or produce or cause the motor vehicle to be produced at, a place, on a date (not being later than 10 days after the notice is given) and within a time period, specified in the notice (a production notice ).(1B) A production notice may be given personally or by post and must state the ground on which it is being given. (1C) A motor vehicle may be clamped under subsection (1A) at:
(a) a road or public place, or (b) any place under the control of or used for the purposes of clamping motor vehicles by a clamping agent, or (c) the home address of the driver or registered operator. Note— Home address is defined in section 3.(1D) Subsection (1C) (c) does not confer power to enter any place that could not otherwise lawfully be entered. (2) A motor vehicle may be seized under subsection (1A) from:
(a) a road or public place, or (b) any other place, with the consent of the owner or occupier of the place or under the authority of a search warrant issued under section 228.
(cf former Act, s 40) (1) In this section: offending operator means an offender who, at the time of an offence in connection with which a motor vehicle was used, was both the driver, and a registered operator, of the motor vehicle.(2) A motor vehicle used in connection with an offence under section 40 or 41 (2) of the that is the first offence by the offending operator under the provision concerned is, by the finding of guilt by the court, liable to be impounded for a period of 3 months unless the court otherwise directs under subsection (3) or (5). Road Transport (Safety and Traffic Management) Act 1999
(1) In this section: offending driver means an offender who, at the time of the offence, was the driver of a motor vehicle but was not a registered operator of the vehicle.(2) As soon as reasonably practicable after a motor vehicle is used for the first time in connection with an offence for which an offending driver is found guilty under section 40 or 41 (2) of the , the Authority is to give the registered operator of the motor vehicle a suspension warning notice in accordance with section 219B. Road Transport (Safety and Traffic Management) Act 1999 (3) If a registered operator of a motor vehicle who was given a suspension warning notice is the registered operator of the same or another motor vehicle that is used in connection with a second offence under section 40 or 41 (2) of the for which an offending driver is found guilty during the period of 5 years after the suspension warning notice was given to the registered operator: Road Transport (Safety and Traffic Management) Act 1999
(a) the Authority may suspend the registration of the motor vehicle used in connection with the second offence for a period not exceeding 3 months, or (b) if the motor vehicle is unregistered, registration of the vehicle is suspended or the expiry date of the registration is within 28 days after a person is found guilty of the offence concerned, the Commissioner is to cause the vehicle to be clamped by a clamping agent at an appropriate place or impounded for a period of 3 months.
(1) A suspension warning notice is a written notice warning a registered operator of a motor vehicle that was used in connection with an offence under either of the provisions referred to in section 219A (2) that, if the registered operator is the registered operator of the same or another motor vehicle that is used in connection with any further offence under either of those provisions, the Authority may suspend registration of the motor vehicle used in connection with the further offence, or the Commissioner may take other action, under section 219A (3) in respect of the motor vehicle.
(1) The Commissioner may, by instrument in writing, appoint a person (other than a police officer) or body to be a clamping agent for the purposes of this Division. Note— The Commissioner is also a clamping agent.
(1) The Commissioner is to give notice of:
(a) the clamping or impounding of a motor vehicle under section 218, or (b) the clamping or impounding, or continued or further clamping or impounding, or forfeiture, of a motor vehicle under section 219, to the registered operator of the motor vehicle and to the holder of any registered interest in the motor vehicle.
(1) The Commissioner is to retain a motor vehicle impounded under section 218 until such time as the offence for which it was impounded is dealt with by a court or by the offender under Part 5.3, unless it is sooner released under this Division or in accordance with the regulations.
(1) Subject to section 219G (2), the clamping agent responsible for the clamping of a motor vehicle must remove the clamps from the motor vehicle at the end of the period of clamping imposed under this Division and, if the vehicle is clamped at a place under the control of or used for the purpose of clamping motor vehicles by the clamping agent, make the motor vehicle available for collection by a person entitled to possession of it as soon as the clamps are removed.
(1) A person may apply to the Local Court for an order for the release of an impounded motor vehicle into the person’s custody or for the removal of clamps from a motor vehicle. (2) An application under this section stays any order or direction for forfeiture or disposal of the motor vehicle. (3) In determining whether to make an order under this section the Local Court is entitled to have regard to the following:
(a) the safety of the public and the public interest in preventing the use of a motor vehicle that the Court considers is reasonably likely in all the circumstances to be used for further dangerous driving offences, (b) any alleged extreme hardship or other circumstances of the case.
(1) The Commissioner may cause an impounded or forfeited motor vehicle to be offered for sale in the circumstances prescribed by the regulations. The sale is to be by public auction or public tender. (2) The motor vehicle may be disposed of otherwise than by sale if the Commissioner believes on reasonable grounds that the vehicle has no monetary value or that the proceeds of the sale would be unlikely to exceed the costs of sale.
(cf former Act, s 41)
(cf model provisions, s 163, former Act, s 46)
(cf former Act, Sch 2, cl 24) (1) The regulations may make provision for or with respect to appeals against:
(a) a decision of a police officer under section 205 to suspend the person’s driver licence, and (b) a decision by a police officer under section 206 to suspend the person’s authority to drive in New South Wales, and (c) applications for orders of the kind referred to in section 224 for the release of an impounded vehicle, and (d) any decision (or class of decisions) under the road transport legislation instead of a review of any such decision or class of decisions by the Administrative Decisions Tribunal.
(1) The provisions of an applicable road law do not preclude, or otherwise affect, the operation of the occupational health and safety legislation.
(Section 245)