2018
2018
2018-12-03
act
government
publicspecial
act.reprint
partuncommenced
2018-08-08
2018-08-08
1
2018
none
act-2018-054
29d1c3fa-4eb4-4c54-b6c6-d2fd36961c47
8996e952-851d-4e01-b656-933989abb1fd
Note—
Amending Acts and amending provisions are subject
to automatic repeal pursuant to sec 30C of the Interpretation
Act 1987 No 15 once the amendments have taken
effect.
An Act to amend the Road
Transport Act 2013, Roads Act
1993 and other roads legislation to make further provision
with respect to the enforcement of that legislation; and for other
purposes.
1Name of
Act
This Act is the Road Transport
Legislation Amendment (Penalties and Other Sanctions) Act
2018.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
Schedule 1Amendment of Road Transport Act 2013 No
18
[1]Section 4
Definitions
Insert in alphabetical order in section 4
(1):
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.
[2]Section 4 (1), definition of
“drug”
Insert at the end of paragraph (c):
, 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).
[3]Section 4
(5)
Insert after section 4 (4) including the
note:
(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.
[4]Section 9 Determination of
“first offence” and “second or subsequent
offence”
Insert after section 9 (2):
(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.
[5]Section 9
(5)
Insert “or (2A) (b) (i)” after
“subsection (2) (a) (iii)”.
[6]Section 59 Cancellation or
suspension of driver licence for certain speeding offences or alcohol or other
drug related driving offences
Insert “or alleged alcohol or other drug
related driving offence” after “speeding offence” in section
59 (1).
[7]Section 59
(4A)
Insert after section 59 (4):
(4A)
For the purposes of subsection (4), a period not
exceeding 3 months may be specified in relation to an alleged alcohol or other
drug related driving offence.
[8]Sections 110 (1)–(3) and
111 (1) and (3)
Omit “10 penalty units” and “20
penalty units” wherever occurring.
Insert instead “20 penalty units” and
“30 penalty units”, respectively.
[9]Section 205 Disqualification
for certain major offences
Insert “or committed a major offence during
that period that was dealt with by way of penalty notice” before
“(whether of the same or a different kind)” in section 205 (2) and
(3).
[10]Section 209
Definitions
Omit “that is a second” wherever
occurring in paragraphs (d) and (f) of the definition of mandatory
interlock offence in section 209 (1).
Insert instead “that is a first offence or
a second”.
[11]Section 209 (1), definition of
“mandatory interlock offence”, note
Omit the note. Insert instead:
Note—
Section 9 (2) and (2A) specify the circumstances
in which an offence is a second or subsequent offence (including instances in
which the first offence was dealt with by way of penalty
notice).
[12]Section 211 Mandatory
interlock orders
Insert after the matter relating to an offence
against section 110 (1) (a) or (b), (2) (a), (b) or (c) or (3) (a), (b) or (c)
in the Table to the section:
An offence
against section 110 (4) (a), (b) or (c) that is a first offence by the
offender for any other alcohol-related major offence
3
months
6
months
12
months
[13]Section 211,
Table
Omit the matter relating to an offence against
section 112 (1) (a), (b) or (c).
Insert instead:
An offence
against section 112 (1) (a), (b) or (c) that is a first offence by the
offender for any other alcohol-related major offence
6
months
9
months
24
months
An offence
against section 112 (1) (a), (b) or (c) that is a second or subsequent offence
by the offender for any other alcohol-related major offence
9
months
12
months
48
months
[14]Section 212 Interlock
exemption orders
Insert at the end of section 212 (3) (b):
, or
(c)
if the offender is convicted of an offence
against section 110 (4) (a), (b) or (c) that is a first offence:
(i)
that the making of a mandatory interlock order
would cause severe hardship to the offender, and
(ii)
that the making of an interlock exemption order
is more appropriate in all the circumstances than the making of a mandatory
interlock order.
[15]Section 212
(5)
Insert “(except in relation to a conviction
for an offence against section 110 (4) (a), (b) or (c) that is a first
offence)” after “must not be made”.
[16]Part 7.4, Division
2A
Insert after Division 2:
Division 2ADriver education programs
relating to alcohol or other drugs
215CEducation program for alcohol
and other drug related driving offences
(1)
The Authority may, by notice in writing, require
a person to undertake an alcohol or other drug education program specified in
the notice if the person:
(a)
has been found guilty of an offence against
section 110, 111 or 112, or
(b)
committed an offence against section 110 or 111
that was dealt with by way of penalty notice.
(2)
A notice under this section must specify the
period within which the alcohol or other drug education program must be
undertaken and must contain any other matters specified in the statutory
rules.
(3)
The person to whom a notice is given under this
section must undertake the program within the period specified by the notice
or any longer period that the Authority may allow.
(4)
Any period of licence suspension, cancellation or
other licence ineligibility relating to a person required to undertake an
alcohol or other drug education program by a notice given under this section
is extended until such time as the person has undertaken, and passed to the
satisfaction of the Authority, the alcohol or other drug education
program.
(5)
The Authority may, by notice in writing given to
a person who fails to undertake an alcohol or other drug education program in
accordance with this section, suspend any driver licence held by the person
until such time as the person undertakes the program to the satisfaction of
the Authority.
[17]Section 224 When immediate
licence suspension notice may be issued by police
officer
Insert after section 224 (1) (a):
(a1)
if it appears to a police officer (whether or not
the same police officer) that the driver has committed an offence against
section 110 (1), (2) or (3),
[18]Section 224 (4) (a) and
(b)
Insert “(a1),” after
“(a),” wherever occurring.
[19]Section 224 (4) (b1) and
(b2)
Insert after section 224 (4) (b):
(b1)
if the driver holds a driver licence issued in
this jurisdiction and is served with a penalty notice for an offence referred
to in subsection (1) (a1)—a statement to the effect 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 3 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 Fines
Act 1996—the matter is heard and determined by a
court or a decision is made not to take or continue proceedings against the
person,
(iii)
a decision is made not to enforce the penalty
notice,
(b2)
if the driver is an authorised visiting driver
and is served with a penalty notice for an offence referred to in subsection
(1) (a1)—a statement to the effect that the driver’s authority to
drive in this jurisdiction 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 3 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 Fines
Act 1996—the matter is heard and determined by a
court or a decision is made not to take or continue proceedings against the
person,
(iii)
a decision is made not to enforce the penalty
notice,
[20]Section 237
Definitions
Insert after paragraph (a) of the definition of
sanctionable offence in section 237
(1):
(a1)
an offence against section 110 (4) or (5) or
clause 16 (1) (b) or 17 (1) (a1) of Schedule 3 (a new
offence), but only if the person has been convicted of an
alcohol-related major offence (within the meaning of Division 2 of Part 7.4)
during the period of 5 years before the new offence was
committed,
[21]Section 266
Definitions
Insert after paragraph (e) of the definition of
appealable decision in section 266
(1):
(e1)
a decision of the Authority to suspend a
person’s driver licence under section
215C,
[22]Schedule 1 Examples of
statutory rule-making powers
Insert at the end of clause 1 (2) (p):
, and
(q)
without limiting paragraph (n) or (o), alcohol or
other drug education programs to be undertaken by holders of driver licences
who have been found guilty of, or have been issued a penalty notice in respect
of, an offence under this Act or the statutory rules relating to the use of
alcohol or other drugs.
Schedule 2Amendment of other
legislation
2.1Point to Point Transport (Taxis and Hire Vehicles)
Regulation 2017
[1]Clause 24 Disqualifying
offences
Insert “whether the previous offence
resulted in a finding of guilt or was dealt with by way of penalty notice as
referred to in section 4 (5) of that Act” after “a previous
offence under that subsection” in clause 24 (3).
[2]Clause 24
(4A)
Insert after clause 24 (4):
(4A)
A person must not drive a taxi or hire vehicle
that is being used to provide a passenger service if the person has committed
an offence against section 110 (2) or 111 (1) of the Road
Transport Act 2013 that has been dealt with by way of
penalty notice as referred to in section 4 (5) of that
Act.
2.2Road Transport (Driver Licensing) Regulation
2017
[1]Clause 35A Authority may
extend provisional licence period for provisional P2
licences
Omit “section 224 (1) (c)” from
clause 35A (1) (c).
Insert instead “section 224 (1) (a1) or
(c)”.
[2]Clause
67A
Insert after clause 67:
67APrescribed alcohol or other
drug related driving offences
For the purposes of the definition of alcohol
or other drug related driving offence in section 4 (1) of
the Act, offences against section 110 (1), (2) or (3) or 111 (1) of the Act
are prescribed.
[3]Clause 96 Interstate and
international visitors
Insert after clause 96 (4) (n):
(o)
if, in the reasonable opinion of the Authority,
the Authority could, under section 59 of the Act, suspend a NSW driver licence
held by the visiting driver, if the driver were to hold such a licence,
because of an alcohol or other drug related driving
offence.
[4]Clause 96
(7A)
Insert after clause 96 (7):
(7A)
If the Authority forms an opinion that subclause
(4) (o) applies to a visiting driver, the cessation of the exemption applies
for the same period of time the driver would be suspended under section 59 of
the Act if the driver held a NSW driver licence.
[5]Clause 96
(9)
Omit “(j) or (n)”. Insert instead
“(j), (n) or (o)”.
2.3Road Transport (General) Regulation
2013
[1]Clause 126 Driver licensing
decisions
Omit “clause 96 (4) (g), (h) or (i)”
from clause 126 (d).
Insert instead “clause 96 (4) (g), (h), (i)
or (o)”.
[2]Schedule 5 Penalty notice
offences
Insert in appropriate order under the heading
Road Transport Act 2013:
Section 110
(1)–(3) (but only if the person has not been issued a penalty notice for
an alcohol or other drug related driving offence, or convicted of the same or
an equivalent offence, in the 5 years before the offence)
Class
1
Level
7
Section 111
(1) (but only if the person has not been issued a penalty notice for an
alcohol or other drug related driving offence, or convicted of the same or an
equivalent offence, in the 5 years before the offence)
Class
1
Level
7
2.4Roads
Act 1993 No 33
Part 9, Division
7
Insert after Division 6:
Division 7Trespassing on Sydney Harbour
Bridge and other major bridges and tunnels
144GDamage, disruption or
obstruction of Sydney Harbour Bridge and other major bridges and
tunnels
(1)
A person must not enter, remain on, climb, jump
from or otherwise trespass on any part of the Sydney Harbour Bridge or any
other major bridge or tunnel if that conduct:
(a)
causes damage to the bridge or tunnel,
or
(b)
seriously disrupts or obstructs vehicles or
pedestrians attempting to use the bridge or tunnel, or
(c)
is an offence punishable by imprisonment or is an
offence arising under the Summary Offences Act
1988.
Maximum penalty: 200 penalty units or
imprisonment for 2 years, or both.
(2)
Without limiting subsection (1) (b), a person
seriously disrupts or obstructs vehicles or pedestrians attempting to use the
bridge or tunnel if, as a result of the person’s conduct, the bridge or
tunnel (or any part of the bridge or tunnel) is closed or vehicles or
pedestrians are redirected.
(3)
Nothing in this section prohibits conduct in
accordance with the consent or authority of RMS, the NSW Police Force or other
public authority.
(4)
It is a defence to the prosecution of an offence
against this section if the person charged proves that the person had a
reasonable excuse for the conduct concerned.
(5)
For the purposes of subsection (4) but without
limiting that subsection, a person has a reasonable excuse if the conduct
arose from a mechanical fault or breakdown of a motor
vehicle.
(6)
In this section:
major
bridge or tunnel means a bridge or tunnel prescribed by the
regulations for the purposes of this section.
vehicle includes a
train.
Historical
notes
Table of amending
instruments
Road Transport
Legislation Amendment (Penalties and Other Sanctions) Act 2018 No
54. Assented to 5.10.2018. Date of commencement (except Schs [2],
[10], [12]–[15] and [20] and 2.4): not in force; date of commencement of
Schs 1 [2], [10], [12]–[15] and [20] and 2.4, 3.12.2018, sec 2 and 2018
(653) LW 23.11.2018; date of commencement of Schs 1 [1], [3]–[9], [11]
and [17]–[19] and 2.1–2.3, 20.5.2019, sec 2 and 2018 (653) LW
23.11.2018.