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.
1 Name of Act
This Act is the Road Transport Legislation Amendment (Penalties and Other Sanctions) Act 2018.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Schedule 1 Amendment of Road Transport Act 2013 No 18
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):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[2] (Repealed)
[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] (Repealed)
[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]–[15] (Repealed)
[16] Part 7.4, Division 2A
Insert after Division 2:Division 2A Driver education programs relating to alcohol or other drugs215C Education 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] (Repealed)
[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.
sch 1: Am 1987 No 15, sec 30C.
Schedule 2 Amendment of other legislation
[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.
[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 67:67A Prescribed alcohol or other drug related driving offencesFor the purposes of the definition of 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)”.
[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:
2.4
(Repealed)sch 2: Am 1987 No 15, sec 30C.