Subdivision 2Road
transport legislation
21Definitions—Subdivision 2
(1)
In this Subdivision—
major event
lane—see section 24 (3).
private road means an area
that is not 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 has the same meaning as in
the Road Rules
2014.
road transport
legislation has the same meaning as in the Road Transport Act
2013.
(2)
Words and expressions used in this Subdivision
that are defined in the road transport legislation have the same meanings as
in that legislation.
s 21: Am 2013 No 19,
Sch 4.40 [1]; 2014 (762), Sch 1.
22Relationship with road transport
legislation
(1)
This Subdivision is to be construed with, and as
if it formed part of, the road transport legislation.
(2)
However, unless otherwise specified, in this
Subdivision—
(a)
references to provisions are references to
provisions of this Act, and
(b)
references to this Act are references to the
Major Events Act
2009.
(3)
In the event of an inconsistency between this
Subdivision and the road transport legislation, this Subdivision prevails to
the extent of the inconsistency.
(4)
The provisions of this Subdivision and sections
62 and 62A have effect despite section 14 of the Road Transport
Act 2013.
(5)
For the avoidance of doubt, Part 15 of the
Law Enforcement (Powers and Responsibilities) Act
2002 does not apply to the exercise of a power that is
conferred by this Subdivision.
s 22: Am 2013 No 19,
Sch 4.40 [2]; 2014 No 31, Sch 5.8 [1]; 2022 No 12, Sch 1[6].
23Major event lane signs
(1)
A sign that is a reasonable likeness (within the
meaning of rule 316 (4) of the Road Rules
2014) of the diagram prescribed by the statutory rules
under the Road Transport Act
2013 as a major event lane sign is a major event lane sign
for the purposes of this Subdivision.
(2)
A sign that is a reasonable likeness (within the
meaning of rule 316 (4) of the Road Rules
2014) of the diagram prescribed by the statutory rules
under the Road Transport Act
2013 as an end major event lane sign is an end major event
lane sign for the purposes of this Subdivision.
(3)
A sign to which this section applies is a
prescribed traffic control device for the purposes of Part 5.3 of the Road Transport Act
2013.
s 23: Am 2013 No 19,
Sch 4.40 [3] [4]; 2014 (762), Sch 1.
24Use of lanes
(1)
A driver must not drive, during a major event
period, in a major event lane unless—
(a)
the driver is driving—
(i)
a vehicle that displays, in accordance with
instructions given by the responsible authority, a permit issued by the
responsible authority for the major event to drive the vehicle in the major
event lane, or
(ii)
a public bus or taxi, or
(iii)
a police vehicle or an emergency vehicle,
or
(b)
the driver is driving in the major event lane in
the same circumstances as a driver is permitted to drive in a transit lane
under rule 158 of the Road Rules
2014.
Maximum penalty—20 penalty
units.
(2)
A person may ride a bicycle in a major event
lane.
(3)
A major event lane is a
marked lane, or part of a marked lane—
(a)
beginning at a major event lane sign,
and
(b)
ending at an end major event lane
sign.
(4)
In this section—
public bus means a bus
within the meaning of the Passenger Transport Act
2014.
taxi has the same meaning as in
the Point to Point Transport (Taxis and Hire Vehicles) Act
2016.
s 24: Am 2014 (762),
Sch 1; 2016 No 34, Sch 7.4.
25Major event lane permits
(1)
The responsible authority for a major event may
issue a permit to a person to authorise the person to drive a vehicle (or be
driven in a vehicle) in a major event lane (a major event lane
permit).
(2)
A police officer may direct the person in charge
of a vehicle that is displaying a major event lane permit (or a document that
purports to be such a permit) in a major event lane to remove the permit or
document from the vehicle and give it to the officer.
(3)
A police officer to whom such a permit or
document is given may do any one or more of the following—
(a)
inspect the permit or
document,
(b)
request the person purporting to be the holder of
the permit to identify himself or herself,
(c)
request and inspect the identification of that
person for the purpose of confirming that person’s
identity,
(d)
if the officer has reasonable grounds to suspect
that—
(i)
a permit given to the officer is not being used
by the holder of the permit, or
(ii)
a document purporting to be a permit is not a
permit,
confiscate the permit or
document.
(4)
A person to whom a direction is given under
subsection (2) must immediately comply with that direction.
Maximum penalty—20 penalty
units.
26Road closures—integrated road and transport
services
(1)
This section applies to roads within transport
areas.
(2)
TfNSW may, at the direction of the responsible
authority for a major event, close a road for any length of time during the
major event period for the purpose of providing integrated road and transport
services for the major event.
(3)
A road cannot be closed under this section unless
TfNSW has, not less than 7 days before the proposed closure, given public
notice of the proposed closure by a notice published on the website of
TfNSW.
s 26: Am 2011 No 41,
Sch 5.20 [2]; 2020 No 30, Sch 4.39[2]; 2022 No 12, Sch 1[7].
27Road closures—major events
(1)
This section applies to roads whether or not the
roads are within a transport area.
(2)
The responsible authority for a major event may
prepare a traffic management plan, or plans, for all roads on which activities
associated with a major event are to be conducted.
(3)
The responsible authority may, in accordance with
a traffic management plan—
(a)
control and regulate traffic in any manner and
for any purpose, and
(b)
temporarily close a road, or part of a road, at
any time and for any purpose.
(4)
A traffic management plan may, with the consent
of the owner or occupier of a private road, apply to a private road in the
same way as it applies to roads that are not private roads, subject to
subsection (5).
(5)
A traffic management plan cannot authorise the
closure of a private road unless the owner or occupier of the private road has
consented to the closure. Such a consent may be given generally or in a
particular case or class of cases.
(6)
A traffic management plan is to be prepared in
consultation with TfNSW and does not have effect unless and until TfNSW has
consented in writing to the plan.
(7)
The consent of TfNSW under subsection (6) is
taken to be a consent for the purposes of the Roads Act
1993 and the road transport legislation in so far as the
consent of TfNSW would, but for this subsection, be required under that Act or
that legislation in relation to any matter dealt with in or arising under the
traffic management plan.
(8)
A traffic management plan may be amended from
time to time. Subsection (6) applies to the amendment of a traffic management
plan in the same way as it applies to the preparation of a traffic management
plan.
(9)
A road cannot be closed under this section unless
TfNSW has, not less than 7 days before the proposed closure, given public
notice of the proposed closure by a notice published on the website of
TfNSW.
s 27: Am 2011 No 41,
Sch 5.20 [2]; 2020 No 30, Sch 4.39[2]; 2022 No 12, Sch 1[8].
28Road closures—short periods
(1)
This section applies to roads whether or not the
roads are within a transport area.
(2)
TfNSW may, at the direction of the responsible
authority for a major event, close a road for a period not exceeding 3
consecutive days during the relevant major event period for any of the
following purposes—
(a)
facilitating the conduct of the major
event,
(b)
controlling and regulating traffic within or near
a major event area,
(c)
ensuring the safety of
persons,
(d)
protecting property from
damage.
(3)
It is not necessary to give public notice of the
closure of a road under this section.
s 28: Am 2011 No 41,
Sch 5.20 [2]; 2020 No 30, Sch 4.39[2]; 2022 No 12, Sch 1[9].
29Road closure to be for shortest possible
period
It is the duty of TfNSW and the responsible
authority for a major event to ensure that a road is not closed under this
Subdivision for a period longer than is necessary to serve the purpose for
which the road is closed.
s 29: Am 2011 No 41,
Sch 5.20 [2]; 2020 No 30, Sch 4.39[2].
30Offences relating to road closures
(1)
If, under this Subdivision, a road is closed to
vehicles (whether or not it is also closed to pedestrians) by the use of a
sign or barrier, a person must not bring a vehicle onto the road contrary to
the sign or by removing, interfering with or going beyond the barrier, except
as permitted by an authorised officer.
Maximum penalty—30 penalty
units.
(2)
If, under this Subdivision, a road is closed to
vehicles (whether or not it is also closed to pedestrians) by the use of a
sign or barrier, a person in charge of a vehicle situated on the road who is
informed by an authorised officer that the road is closed and directed by an
authorised officer to remove the vehicle from the road must remove the vehicle
from the road as soon as practicable after the direction is
given.
Maximum penalty—30 penalty
units.
(3)
If, under this Subdivision, a road is closed to
pedestrians (whether or not it is also closed to vehicles) by the use of a
sign or barrier, a person must not, without reasonable excuse, enter the road
contrary to the sign or by removing, interfering with or going beyond the
barrier, except as permitted by an authorised officer.
Maximum penalty—30 penalty
units.
(4)
If, under this Subdivision, a road is closed to
pedestrians (whether or not it is also closed to vehicles) by the use of a
sign or barrier, a person on the road who is informed by an authorised officer
that the road is closed and directed by an authorised officer to leave the
road must leave the road as soon as practicable after the direction is
given.
Maximum penalty—30 penalty
units.
(5)
A person must not damage, remove or interfere
with a sign or barrier erected or provided for the purpose of closing a road
under this Subdivision, except as permitted by an authorised
officer.
Maximum penalty—30 penalty
units.
(6)
In this section—
authorised officer
means—
(a)
a person who has received, for the purposes of
this section, written authorisation from TfNSW or the responsible authority
for the major event, or
(b)
a police officer.
s 30: Am 2011 No 41,
Sch 5.20 [2]; 2020 No 30, Sch 4.39[2]; 2022 No 12, Sch 1[10].
31Effect of road closure
A road, or any part of a road, does not cease to
be a road for the purposes of the road transport legislation, the Motor Accidents Compensation Act 1999 or
any other Act or law because it is closed or access to it is restricted or the
use of it is restricted under this Subdivision or any other
Act.
32Removal of unattended motor
vehicles—generally
(1)
This section applies to an unattended motor
vehicle or trailer that—
(a)
is standing unlawfully, or
(b)
constitutes a danger to persons or property,
or
(c)
is causing an
obstruction.
(2)
The responsible authority for a major event may
declare that, for the whole or any specified part of the major event period,
section 143 of the Road Transport Act
2013 applies to motor vehicles or trailers to which this
section applies on the following places in the same way as it applies to an
unattended motor vehicle or trailer unlawfully standing on a prescribed place
within the meaning of that section—
(a)
a major event lane,
(b)
a road that has been closed under this
Subdivision,
(c)
a specified parking space,
(d)
a road notified by the Minister by order
published in the Gazette as a major event route,
(e)
a road or area designated by signs erected by the
responsible authority or TfNSW as a tow-away area or Special Event
Clearway.
s 32: Am 2011 No 41,
Sch 5.20 [2]; 2013 No 19, Sch 4.40 [5]; 2020 No 30, Sch
4.39[2].
33Removal of unattended motor vehicles—breach of parking
restrictions
The responsible authority for a major event may
declare that, for the whole or any specified part of a major event period,
section 143 of the Road Transport Act
2013 applies to unattended motor vehicles or trailers that
are parked on specified roads in breach of a parking restriction in the same
way as it applies to an unattended motor vehicle or trailer unlawfully
standing on a prescribed place within the meaning of that
section.
s 33: Am 2013 No 19,
Sch 4.40 [6].
34Declarations under sections 32 and 33
A declaration under section 32 (Removal of
unattended motor vehicles—generally) or 33 (Removal of unattended motor
vehicles—breach of parking restrictions) is to be published on the
website of TfNSW and has effect from the date of publication or, if a later
date is specified in the declaration for that purpose, on the later date so
specified.
s 34: Am 2022 No 12,
Sch 1[11].
35Removal of unattended motor
vehicles—emergencies
(1)
At any time during a major event period, the
responsible authority for the major event may—
(a)
request a police officer, or
(b)
direct another appropriate
officer,
to remove an unattended motor vehicle or trailer from a
road within a transport area if the responsible authority is of the opinion
that it is necessary to do so.
(2)
The provisions of section 143 (2)–(8) of
the Road Transport Act 2013 apply to the
removal of an unattended motor vehicle or trailer in accordance with this
section in the same way as they apply to the removal of an unattended motor
vehicle or trailer in accordance with that section.
(3)
However, it is not necessary that the unattended
motor vehicle or trailer is standing unlawfully.
(4)
In this section—
appropriate
officer has the same meaning as in section 143 of the
Road Transport Act
2013.
s 35: Am 2013 No 19,
Sch 4.40 [7]–[9].
36Penalty notices
For the avoidance of doubt, and without limiting
the application of any other powers of prosecution or enforcement under the
road transport legislation, penalty notices may be issued under the road
transport legislation in relation to offences created by this
Subdivision.