An Act to make provision with respect to road transport law in New South Wales.
Chapter 1 Preliminary
Part 1.1 Introductory
1 Name of Act
This Act is the Road Transport Act 2013.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Objects of Act
(cf DL Act, s 3; STM Act, s 3; VR Act, s 3)
The objects of this Act are as follows—(a) to consolidate in the one Act most of the existing statutory provisions concerning road users, road transport and the improvement of road safety in this jurisdiction,(b) to provide for the following in a manner consistent with the Agreed Reforms within the meaning of the Inter-Governmental Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal Transport entered into by the Commonwealth, the States and the Territories—(i) a driver licensing system as part of a uniform national approach to driver licensing (including uniform driver licence classes and licence eligibility criteria),(ii) a vehicle registration system as part of a uniform national approach to vehicle registration and standards,(iii) systems for the improvement of road safety and transport efficiency,(iv) the reduction of costs relating to administering road transport,(c) to facilitate the recovery of expenses incurred in the administration of this Act (particularly, in connection with driver licensing and vehicle registration) and the collection of fees and charges payable under this Act and the statutory rules,(d) to provide for additional matters concerning the regulation of road users and road transport and the improvement of road safety in this jurisdiction that are not otherwise dealt with by the Agreed Reforms.
Part 1.2 Interpretation
4 Definitions
(cf DL Act, s 17 and Dict; Gen Act, s 3; STM Act, Dict; VR Act, s 4)
(1) In this Act—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.another jurisdiction means a jurisdiction other than this jurisdiction.approved for average speed detection, approved for excess speed imaging, approved for speed measurement, approved for red traffic light detection or approved for traffic lane use detection in relation to an approved traffic enforcement device—see section 135(2).approved interlock device—see section 45.approved oral fluid analysing instrument—see clause 1 of Schedule 3.approved oral fluid testing device—see clause 1 of Schedule 3.approved traffic enforcement device means a device of a type (or a combination of types of devices) approved under section 134.means—(a) an authorised officer for the purposes of this Act, or(b) an authorised officer (within the meaning of the Heavy Vehicle National Law (NSW)), or(c) an individual of another jurisdiction of a class prescribed by the statutory rules.Australian Authority means any of the following—(a) Transport for NSW,(b) the National Heavy Vehicle Regulator established under section 656 of the Heavy Vehicle National Law (NSW),(c) the road authority for another participating jurisdiction (within the meaning of the Heavy Vehicle National Law (NSW)),(d) any other person or body of another jurisdiction prescribed by the statutory rules for the purposes of this definition.Australian driver licence means—(a) a driver licence, or(b) a licence, probationary licence, conditional licence, restricted licence, provisional licence or driver licence receipt (other than a learner licence) issued under a law in force in a State or internal Territory authorising the holder to drive a motor vehicle on a road or road related area.Australian police officer means—(a) a police officer, or(b) a member (however described) of the police force or police service of another jurisdiction.Australian registered operator in relation to a vehicle or combination—see section 8.Australian registrable vehicles register means—(a) the NSW registrable vehicles register, or(b) a register maintained under the law of another jurisdiction that corresponds, or substantially corresponds, to the NSW registrable vehicles register.Australian Transport Council means the Australian Transport Council referred to in section 4 of the National Transport Commission Act 2003 of the Commonwealth, and includes any successor to or continuation of that body.Austroads means Austroads Limited (ACN 136 812 390), and includes any successor to or continuation of that company.means—(a) a police officer, or(b) a person appointed as an authorised officer, or person belonging to a class of persons appointed as authorised officers, under section 166 (Authorised officers), or(c) a person, or a person belonging to a class or description of persons, prescribed by the statutory rules.boat driving licence means a marine safety licence to operate a power-driven recreational vessel that is required by Division 5 of Part 5 of the Marine Safety Act 1998.body corporate includes the Crown in any capacity and any body or entity that is not an individual.breath analysing instrument—see clause 1 of Schedule 3.breath test—see clause 1 of Schedule 3.capabilities of a vehicle means the functional capabilities of the vehicle or any of its components, as determined by the vehicle’s manufacturer or by an Australian Authority, and includes—(a) its GCM and GVM, and(b) its speed capabilities.class of a driver licence means a class of licence established by the statutory rules.coach means a motor vehicle that is—(a) constructed principally to carry persons, and(b) equipped to seat more than 8 adult persons, and(c) used to convey passengers for hire or reward or in the course of trade or business.combination means a group consisting of a motor vehicle connected to one or more other vehicles.combined alcohol and drug driving offence means an offence against section 111A(1), (2) or (3).compensation order means an order under Part 7.5.condition includes a restriction.conditional licence means a licence issued as a conditional licence in accordance with the statutory rules.conduct means an act, an omission to perform an act or a state of affairs.corresponding driver law means a law of another jurisdiction under which authority is given to drive motor vehicles on roads or road related areas.corresponding law means—(a) a law of another jurisdiction corresponding, or substantially corresponding, to this Act or a specified provision or provisions of this Act, or(b) a law of another jurisdiction that is declared under the statutory rules to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act or a specified provision or provisions of this Act.council means a council within the meaning of the Local Government Act 1993.court means the court dealing with the matter concerned.defective registrable vehicle means a registrable vehicle that does not comply with a vehicle standard that is prescribed by the statutory rules.depot includes a base of operations.digital driver licence has the meaning given by section 61A.drive includes—(a) be in control of the steering, movement or propulsion of a vehicle, and(b) in relation to a trailer, draw or tow the trailer, and(c) ride a vehicle.driver means any person driving a vehicle, and includes any person riding a vehicle.driver education course means a course designed to increase knowledge of, and to encourage, safe driving behaviour.driver knowledge test, in relation to a person, means a test of the person’s knowledge of safe driving practices and road law.driver licence means a document, including an electronic document, issued in accordance with this Act or the regulations, demonstrating that a person has been authorised to drive one or more classes of motor vehicle on a road or road related area.driver licence receipt means a receipt that—(a) is issued following an application for an Australian driver licence and after payment of any applicable fee, and(b) authorises the holder to drive one or more classes of motor vehicle on a road or road related area.drug means—(a) alcohol, and(b) a prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, not being a substance specified in the statutory rules as being excepted from this definition, and(c) any other substance prescribed by the statutory rules as a drug for the purposes of this definition, 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).employee means an individual who works under a contract of employment, apprenticeship or training.employer means a person who employs persons under—(a) contracts of employment, apprenticeship or training, or(b) contracts for services.engage in conduct means—(a) do an act, or(b) omit to perform an act.equipment, in relation to a vehicle or combination, includes tools, devices and accessories in or on the vehicle or combination.extract from a record, device or other thing means a copy of any information contained in the record, device or other thing.fatal accident means an accident on a road or road related area involving a motor vehicle that results in the death of one or more persons.first offence—see section 9.foreign driver licence means a licence, however described, to drive a motor vehicle that is—(a) held by a person who is ordinarily resident in a foreign country and not a permanent resident of Australia, and(b) issued in the country in which the person is ordinarily resident.former corresponding provision, in relation to a provision of this Act or the statutory rules, means a repealed provision of another Act or a statutory rule made under another Act that corresponds (or substantially corresponds) to the provision of this Act or the statutory rules.Note—For former road transport law in this jurisdiction, see for example, the Acts and statutory rules that constituted the road transport legislation within the meaning of the Road Transport (General) Act 2005 or the repealed Road Transport (General) Act 1999 and the provisions of the repealed Traffic Act 1909 and the regulations made under that Act.function includes a power, authority or duty, and exercise a function includes perform a duty.garage address of a vehicle means—(a) if the vehicle is normally kept at a depot when not in use—the principal depot of the vehicle, or(b) if the vehicle is normally kept on a road or road related area when not in use—(i) where the vehicle has one registered operator—the home address of the registered operator, or(ii) where the vehicle has more than one registered operator and one or more of the operators reside in this jurisdiction—the home address of the registered operator residing in this jurisdiction whose address is nearest the road or road related area, or(iii) where the vehicle has more than one registered operator and none of the registered operators reside in this jurisdiction—the suburb and road or road related area in this jurisdiction where the vehicle is normally kept, or(c) if the vehicle is normally kept at a place (other than a depot or a road or road related area) when not in use—the place where the vehicle is normally kept.Note—See section 64 concerning the number of registered operators for a registrable vehicle that may be recorded in the NSW registrable vehicles register.GCM (gross combination mass) of a motor vehicle means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may lawfully be towed by it at one time—(a) as specified by the motor vehicle’s manufacturer, or(b) as specified by Transport for NSW if—(i) the manufacturer has not specified the sum of the maximum loaded mass, or(ii) the manufacturer cannot be identified, or(iii) the vehicle has been modified to the extent that the manufacturer’s specification is no longer appropriate.goods includes—(a) animals (whether alive or dead), andbut does not include people, fuel, water, lubricants and equipment required for the normal operation of the vehicle or combination in which they are carried.(b) a container (whether empty or not),GVM (gross vehicle mass) of a motor vehicle means the maximum loaded mass of the vehicle—(a) as stated on the RAV for the vehicle, or(b) if the GVM is not stated on the RAV—as stated by the vehicle’s manufacturer on an identification plate on the vehicle, or(c) if the GVM is not stated on the RAV or on the vehicle’s identification plate, or if there is a specification on an identification plate on the vehicle but the specification is not appropriate because the vehicle has been modified—as certified by Transport for NSW.heavy combination means a combination that includes a heavy vehicle.heavy vehicle means a motor vehicle or trailer that has a GVM of more than 4.5 tonnes, and includes—(a) a special purpose vehicle that has such a GVM, and(b) a passenger-carrying vehicle that has such a GVM.heavy vehicle number-plate means a number-plate issued by Transport for NSW in connection with the registration of a heavy vehicle, but does not include a special number-plate or a number-plate, or class of number-plates, as may be determined by Transport for NSW.home address of a person means—(a) in the case of an individual—the person’s residential address or place of abode in Australia, or(b) in the case of a body corporate that has a registered office in Australia—the address of the registered office, or(c) in any other case—the address of the person’s principal or only place of business in Australia.horse includes any animal used for the carriage of persons or goods.identification plate means a plate authorised to be placed on a vehicle, or taken to have been placed on a vehicle, under the Motor Vehicle Standards Act 1989 of the Commonwealth as in force immediately before its repeal.immediate licence suspension notice means a suspension notice given under section 224.interlock condition means the conditions imposed on an interlock driver licence by or under this Act.interlock device—see section 44.interlock driver licence—see section 209(1).jurisdiction means the Commonwealth or a State or Territory.learner licence means a licence or permit issued to a person under a law in force in a State or internal Territory to authorise the person to drive a motor vehicle on a road or road related area for the purpose of learning to drive a motor vehicle.licensed repairer means a person who holds a motor vehicle repairer’s licence within the meaning of the Motor Dealers and Repairers Act 2013, and includes any other person declared to be a licensed repairer by the statutory rules under this Act.light combination means a combination other than a heavy combination within the meaning of the Heavy Vehicle National Law (NSW).light rail vehicle means—(a) a vehicle used on a light rail system within the meaning of the Transport Administration Act 1988, or(b) any other light rail system prescribed by the statutory rules.light trailer means a trailer other than a heavy trailer within the meaning of the Heavy Vehicle National Law (NSW).light vehicle means a vehicle other than a heavy vehicle within the meaning of the Heavy Vehicle National Law (NSW).load of a vehicle or combination, or in or on a vehicle or combination, means—(a) all the goods, passengers and drivers in or on the vehicle or combination, and(b) all fuel, water, lubricants and readily removable equipment carried in or on the vehicle or combination and required for its normal operation, and(c) personal items used by a driver of the vehicle or combination, andand includes a part of a load as so defined.(d) anything that is normally removed from the vehicle or combination when not in use,major offence means any of the following crimes or offences—(a) an offence by a person (the offender), 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 offender at the time of the occurrence out of which the death of or harm to the other person arose, for which the offender is convicted of—(i) the crime of murder or manslaughter, or(ii) an offence against section 33, 35, 53 or 54 or any other provision of the Crimes Act 1900,(b) an offence against section 51A, 51B or 52AB of the Crimes Act 1900,(c) an offence against section 110(1), (2), (3)(a) or (b), (4)(a) or (b) or (5)(a) or (b),(d) an offence against section 111, 112(1)(a) or (b), 117(2), 118 or 146,(d1) a combined alcohol and drug driving offence,(e) an offence against section 117(1) of driving a motor vehicle negligently (being driving occasioning death or grievous bodily harm),(f) an offence against clause 16(1)(b), 17 or 18 of Schedule 3,(g) an offence of aiding, abetting, counselling or procuring the commission of, or being an accessory before the fact to, any crime or offence referred to in paragraph (a)–(f),(h) any other crime or offence that, at the time it was committed, was a major offence for the purposes of this Act, the Road Transport (General) Act 2005, the Road Transport (General) Act 1999 or the Traffic Act 1909.mandatory interlock order—see section 211.motor dealer has the same meaning as it has in the Motor Dealers and Repairers Act 2013, and includes any other person declared to be a motor dealer by the statutory rules under this Act.motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle.motor vehicle recycler has the same meaning as it has in the Motor Dealers and Repairers Act 2013, and includes any other person declared to be a motor vehicle recycler by the statutory rules under this Act.national schedule of demerit points means the driving offences and corresponding demerit points prescribed in the statutory rules as comprising the national schedule of demerit points.National Transport Commission means the National Transport Commission established under the National Transport Commission Act 2003 of the Commonwealth (formerly the National Road Transport Commission established under the National Road Transport Commission Act 1991 of the Commonwealth), and includes any successor to or continuation of that body.NSW demerit points register—see section 31.NSW driver licence register—see section 27.NSW registrable vehicles register—see section 64.NSW written-off heavy vehicles register—see section 104B.NSW written-off light vehicles register—see section 83.owner—(a) in relation to a vehicle (including a vehicle in a combination)—means a person who—(i) is the sole owner, a joint owner or a part owner of the vehicle, or(ii) has possession or use of the vehicle under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else, or(b) in relation to a combination—means a person who—(i) is the sole owner, a joint owner or a part owner of the towing vehicle in the combination, or(ii) has possession or use of the towing vehicle in the combination under a credit, hire-purchase, lease or other agreement, except an agreement requiring the vehicle to be registered in the name of someone else.passenger, in relation to a vehicle or combination, does not include a driver of the vehicle or combination or any person necessary for the normal operation of the vehicle or combination.penalty notice means—(a) in relation to the provisions of Chapter 3—(i) a penalty notice issued under Division 3 of Part 7.3, or(ii) a penalty reminder notice issued under the Fines Act 1996, and(b) in relation to any other provisions of this Act—a penalty notice issued under Division 3 of Part 7.3.photograph includes a digitised, electronic or computer generated image in a form approved by Transport for NSW.premises includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place.prescribed illicit drug means any of the following—(a) delta-9-tetrahydrocannabinol (also known as THC),(b) methylamphetamine (also known as speed),(c) 3,4-methylenedioxymethylamphetamine (also known as ecstasy),(d) cocaine.prescribed speeding offence means an offence against this Act or the statutory rules involving the use of a vehicle on a road or road related area at an excessive speed that is an offence prescribed by the statutory rules.primary producer means a person who—(a) is a primary producer as defined by the statutory rules, and(b) meets the eligibility criteria for a primary producer, if any, prescribed by the statutory rules.primary producer’s vehicle means a vehicle prescribed by the statutory rules.probationary licence means a licence to drive a motor vehicle—(a) issued to a person who applies for a driver licence following a period of disqualification from driving ordered by a court in Australia, or(b) issued to replace an equivalent licence issued under a corresponding driver law.professional driver means a person whose primary work is personally driving a motor vehicle on roads or road related areas in or outside of this jurisdiction, and includes a person of a class prescribed by the statutory rules as a professional driver, but does not include a person of a class prescribed by the statutory rules as not a professional driver.prohibited speed measuring evasion article means any device or substance that is designed, or apparently designed, to be fitted or applied to, or to be carried in, a motor vehicle or trailer for the purpose of detecting, interfering with, or reducing the effectiveness of, an approved traffic enforcement device that is approved for speed measurement, and includes a radar detecting device and a radar jamming device.provisional licence means a licence (other than a learner licence) to drive a motor vehicle, issued under a law in force in a State or internal Territory, that is subject to conditions, restrictions or qualifications.provisional P1 licence means a provisional P1 licence issued in accordance with the statutory rules.provisional P2 licence means a provisional P2 licence issued in accordance with the statutory rules.means—(a) the Crown in any capacity, or(b) a body established by or under law, or the holder of an office established by or under law, for a public purpose, including a local government authority, or(c) a police force or police service.public place includes a place—(a) of public resort open to or used by the public as of right, or(b) for the time being—(i) used for a public purpose, orwhether on payment or otherwise, or(ii) open to access by the public,but does not include—(c) open to access by the public by the express or tacit consent or sufferance of the owner of that place, whether the place is or is not always open to the public,(d) a track that at the material time is being used as a course for racing or testing motor vehicles and from which other traffic is excluded during that use, or(e) a road or road related area, or(f) a place declared by the statutory rules not to be a public place.public safety means the safety of persons or property, including the safety of—(a) the drivers of and passengers in vehicles and combinations, and(b) persons in or in the vicinity of (or likely to be in or in the vicinity of) roads, road infrastructure and public places, and(c) vehicles and combinations and any loads in or on them.radar detecting device means a device designed or apparently designed to be fitted to or carried in a motor vehicle or trailer for the purpose of detecting electromagnetic radiations from an approved traffic enforcement device that is approved for speed measurement.radar jamming device means a device designed or apparently designed to be fitted to or carried in a motor vehicle or trailer for the purpose of interfering with the receiving by an approved traffic enforcement device that is approved for speed measurement of reflected electromagnetic radiations.RAV means the Register of Approved Vehicles kept under the Road Vehicle Standards Act 2018 of the Commonwealth, section 14(1).records means any documents or documentation, whether in paper, electronic or any other form.registered and registration in relation to a vehicle—see section 7.registered operator in relation to a vehicle or combination—see section 8.registrable vehicle means—(a) any motor vehicle, or(b) any trailer, or(c) any other vehicle prescribed by the statutory rules for the purposes of this definition.registration charge has the same meaning as in Schedule 2.relevant Australian driver licence means—(a) an Australian driver licence, or(b) a learner licence issued under a law in force in a State or internal Territory authorising the holder to drive a motor vehicle on a road or road related area.responsible person in relation to a vehicle—see section 10.restricted licence means an authority to drive a motor vehicle issued at the direction of a court in Australia that authorises the holder to drive only in the course of the holder’s employment or in other specified restricted circumstances.rider of an animal includes a person having charge of the animal.road means an area that is 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 infrastructure includes—(a) a road, including its surface or pavement, and(b) anything under or supporting a road or its surface or pavement and maintained by a roads authority, and(c) any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of a road system or supporting a road, and(d) any bridge or other work or structure located above, in or on a road and maintained by a roads authority, and(e) any traffic control devices, railway or tramway equipment, electricity equipment, emergency telephone systems or any other facilities (whether of the same or a different kind) in, on, over, under or connected with anything referred to in paragraphs (a)–(d), andbut does not include anything declared by the statutory rules to be excluded from this definition.(f) anything declared by the statutory rules to be included in this definition,means—(a) an area that divides a road, or(b) a footpath or nature strip adjacent to a road, or(c) an area that is open to the public and is designated for use by cyclists or animals, or(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles, or(e) a shoulder of a road, or(f) any other area that is open to or used by the public and that has been declared under section 18 to be an area to which specified provisions of this Act or the statutory rules apply.road transport legislation—see section 6.has the same meaning as in the Roads Act 1993.second or subsequent offence—see section 9.special purpose vehicle means—(a) a vehicle (other than one declared by the statutory rules not to be a special purpose vehicle for the purposes of this definition) where the primary purpose for which it was built, or permanently modified, was not the carriage of goods or passengers, or(b) a vehicle declared by the statutory rules to be a special purpose vehicle for the purposes of this definition.specifications of a vehicle means the physical dimensions and other physical attributes of the vehicle and its fittings.speed limiter offence means an offence against section 162.the statutory rules means the regulations and rules made by the Governor under this Act.this jurisdiction means New South Wales.threshold number of demerit points means—(a) for the holder of a learner licence or a provisional P1 licence—4 or more demerit points, and(b) for the holder of a provisional P2 licence—7 or more demerit points, and(c) for the holder of an unrestricted driver licence (other than a professional driver)—13 or more demerit points, and(d) for the holder of an unrestricted driver licence who is a professional driver—14 or more demerit points.trader’s plate means a number-plate issued by Transport for NSW to a person engaged in a relevant trade to move unregistered registrable vehicles for short-term purposes.traffic includes vehicular traffic and pedestrian traffic and all other forms of road traffic.trailer means a vehicle that—(a) is built to be towed, or is towed, by a motor vehicle, andwhether or not its movement is aided by some other power source, but does not include—(b) is not capable of being propelled in the course of normal use on roads or road related areas without being towed by a motor vehicle,(c) a motor vehicle being towed, or(d) anything declared by the statutory rules to be excluded from this definition.Transport for NSW or TfNSW means Transport for NSW constituted under the Transport Administration Act 1988.unregistered vehicle permit means a permit referred to in section 63(d).unrestricted driver licence means a driver licence other than a learner licence or provisional licence.use of a digital driver licence means displaying the digital driver licence, in accordance with section 61C, to a person for a purpose, including for one of the following purposes—(a) demonstrating that a person is the holder of a driver licence,(b) providing evidence or proof of the licence holder’s age, address or identity,(c) satisfying a requirement under this Act, or another Act or law, to hold, produce or display, however described, a driver licence.use of a vehicle includes standing the vehicle on a road or road related area.vehicle means—(a) any description of vehicle on wheels (including a light rail vehicle) but not including any other vehicle used on a railway or tramway, or(b) any description of tracked vehicle (such as a bulldozer), or any description of vehicle that moves on revolving runners inside endless tracks, that is not used exclusively on a railway or tramway, or(c) any other description of vehicle prescribed by the statutory rules.vehicle standard includes a standard or other requirement relating to the construction, design or equipment of a registrable vehicle.working day means a day that is not a Saturday, Sunday or public holiday.Note—The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.(2) A reference in this Act to statutory rules made for the purposes of a provision of this Act is a reference to statutory rules made under this Act for or with respect to a matter that is required or permitted to be prescribed by the provision.(3) A reference in a provision of this Act relating to the road transport legislation (other than this Act or the statutory rules) to an expression that is defined in the legislation includes, for the purposes of the application of the provision to the legislation, the expression as defined in the legislation.(4) A reference in this Act—(a) to the Road Transport (General) Act 2005 is a reference to that Act as in force before it was renamed and amended by the Road Transport Legislation (Repeal and Amendment) Act 2013, or(b) to the Road Transport (General) Regulation 2005 is a reference to that Regulation as in force before it was renamed and amended by the Road Transport (Statutory Rules) Act 2013.Note—The Road Transport (General) Act 2005 was renamed as the Road Transport (Vehicle and Driver Management) Act 2005 by the Road Transport Legislation (Repeal and Amendment) Act 2013. It was also amended to confine its operation to mass, dimension and load restraint requirements for heavy vehicles and other vehicles and to the regulation of certain other matters relating to heavy vehicles (such as driver fatigue management and heavy vehicle speeding compliance) pending the implementation in this jurisdiction of the proposed Heavy Vehicle National Law. Various compliance and enforcement provisions in the Road Transport (General) Act 2005 for the road transport legislation generally have now been relocated to this Act. See, in particular, Chapter 7.The Road Transport (General) Regulation 2005 was also renamed as the Road Transport (Vehicle and Driver Management) Regulation 2005 by the Road Transport (Statutory Rules) Act 2013, and its operation was similarly confined.The Road Transport (Vehicle and Driver Management) Act 2005 and Road Transport (Vehicle and Driver Management) Regulation 2005 have been repealed. See now the Heavy Vehicle National Law (NSW).(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.s 4: Am 2013 No 71, Sch 2.2 [1] [2]; 2014 No 38, Sch 1.3 [1]; 2014 No 42, Sch 1 [1] [2]; 2017 No 61, Sch 1.3 [1]; 2018 No 15, Sch 1 [1]; 2018 No 21, Sch 1[1] [2]; 2018 No 23, Sch 1.4 [1]; 2018 No 54, Sch 1 [1]–[3]; 2020 No 27, Sch 1[1]; 2020 No 30, Sch 4.85[2]; 2020 No 33, Sch 1[1]; 2021 No 3, Sch 1[1] [2]; 2021 No 22, Sch 1[1]; 2022 No 59, Sch 1.33[1] [2].
5 References to “road” generally include “road related area”
(cf Gen Act, s 3(3))
Each reference in this Act (except in this Part) to a road includes a reference to a , unless otherwise expressly stated in this Act.
6 Meaning of “road transport legislation”
(cf Gen Act, s 5)
(1) In this Act, road transport legislation means the following—(a) this Act and the statutory rules,(b) (Repealed)(c) the Motor Vehicles Taxation Act 1988 and the regulations under that Act,(d) any other Act or statutory rule made under any other Act (or any provision of such an Act or statutory rule) that is prescribed by the statutory rules.(2) Statutory rules referred to in subsection (1)(d) prescribing an Act or statutory rule made under another Act (or provision of such an Act or statutory rule) cannot be made without the concurrence of the Minister administering the Act or statutory rule concerned.(3) A provision of this Act relating to the road transport legislation does not apply to the road transport legislation if that legislation provides otherwise either expressly or by necessary intendment.s 6: Am 2013 No 71, Sch 2.2 [3].
7 Meaning of terms relating to registration
(cf Gen Act, s 3(1); STM Act, cl 1 of Dict; VR Act, s 4)
(1) Except as provided by subsections (2) and (3), in this Act registration in relation to a vehicle means registration of the vehicle in the NSW registrable vehicles register, and registered has a corresponding meaning.(2) In this Act, registration in Australia in relation to a vehicle means registration of the vehicle in an Australian registrable vehicles register, and registered in Australia has a corresponding meaning.(3) In this Act, registration in another jurisdiction in relation to a vehicle means registration of the vehicle in an Australian registrable vehicles register (other than the NSW registrable vehicles register), and registered in another jurisdiction has a corresponding meaning.
8 Meaning of terms relating to registered operators
(cf Gen Act, s 3(1); VR Act, s 4)
(1) Except as provided by subsections (2) and (3), in this Act a registered operator in relation to a vehicle means a person recorded in the NSW registrable vehicles register as the person responsible for the vehicle.(2) In this Act, an Australian registered operator—(a) in relation to a vehicle (including a vehicle in a combination)—means a person recorded in an Australian registrable vehicles register as the person responsible for the vehicle, or(b) in relation to a combination—means a person recorded in an Australian registrable vehicles register as the person responsible for the towing vehicle in the combination.(3) In this Act, a registered operator in another jurisdiction—(a) in relation to a vehicle (including a vehicle in a combination)—means a person recorded in an Australian registrable vehicles register (other than the NSW registrable vehicles register) as the person responsible for the vehicle, or(b) in relation to a combination—means a person recorded in an Australian registrable vehicles register (other than the NSW registrable vehicles register) as the person responsible for the towing vehicle in the combination.
9 Determination of “first offence” and “second or subsequent offence”
(cf DL Act, ss 25(5) and 25A(11); Gen Act, s 96; STM Act, cl 2 of Dict)
(1) Application of section This section applies to the determination of whether an offence against a provision of this Act or the statutory rules is—(a) a first offence, or(b) a second or subsequent offence.Note—The Act and the statutory rules provide in some cases for different penalties or disqualification periods, or for forfeitures or the making of mandatory interlock orders, in connection with an offence depending on whether a particular offence is a first offence or a second or subsequent offence.(2) Second or subsequent offence If a person is convicted of an offence (the new offence) against a provision of this Act or the statutory rules, the new offence is a second or subsequent offence only if—(a) the person, within the applicable re-offending period (if any) for the offence concerned, was convicted of another offence (the previous offence) that was—(i) an offence against the same provision, or(ii) an offence against a former corresponding provision, or(iii) an equivalent offence to the new offence, and(b) the occasion when the new offence occurred was different from the occasion when the previous offence occurred.(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.(3) Except as provided by subsection (4), the applicable re-offending period for a particular offence for the purposes of subsection (2)(a) is—(a) the period of 5 years, or(b) such other period as may be specified by a provision of this Act (in the case of offences against this Act) or the statutory rules (in the case of offences against the statutory rules) as the applicable re-offending period for the offence for the purposes of this section.(4) An offence does not have an applicable re-offending period if a provision of this Act (in the case of offences against this Act) or the statutory rules (in the case of offences against the statutory rules) specifies that there is no such period for the offence for the purposes of this section.(5) A previous offence is an equivalent offence to a new offence for the purposes of subsection (2)(a)(iii) or (2A)(b)(i) if—(a) where the new offence is an offence against section 54(1)—the previous offence was an offence against section 53(3) or 54(3) or (4) or a corresponding former provision or a major offence, or(b) where the new offence is an offence against section 54(3)—the previous offence was an offence against section 53(3) or 54(1) or (4) or a corresponding former provision or a major offence, or(c) where the new offence is an offence against section 54(4)—the previous offence was an offence against section 53(3) or 54(1) or (3) or a corresponding former provision or a major offence, or(d) where the new offence is an offence against a provision of Chapter 5 or Schedule 3—the previous offence was a major offence, or(e) a provision of this Act (in the case of offences against this Act) or the statutory rules (in the case of offences against the statutory rules) declares the offence to be an equivalent offence to another offence for the purposes of this section.(6) Without limiting subsection (5)(e), an offence against a law of another jurisdiction may be declared to be an equivalent offence for the purposes of this section.(7) In determining whether an offence is a second or subsequent offence, the following matters are immaterial—(a) the order in which the offences concerned are committed,(b) whether or not the offences concerned were subject to the same penalties.(8) First offence An offence against a provision of this Act or the statutory rules is a first offence if it is not a second or subsequent offence.(9) If the court is satisfied that a person is guilty of an offence but cannot determine (from the information available to the court) whether the offence is a first offence for which the person was convicted, the court may only impose a penalty for the offence as if it were a first offence.s 9: Am 2014 No 42, Sch 1 [3]; 2018 No 54, Sch 1 [4] [5].
10 Meaning of “responsible person” for a vehicle
(cf Gen Act, s 6)
(1) In the road transport legislation, the responsible person for a vehicle means—(a) in relation to a vehicle that is registered in Australia—each of the following persons—(i) an Australian registered operator of the vehicle, except where the vehicle has been disposed of by the operator,(ii) if the vehicle has been disposed of by a previous Australian registered operator—a person who has acquired the vehicle from the operator,(iii) a person who has a legal right to possession of the vehicle (including any person who has the use of the vehicle under a lease or hire-purchase agreement, but not the lessor while the vehicle is being leased under any such agreement), and(b) in relation to a vehicle to which a trader’s plate is affixed that is not registered in Australia—each of the following persons—(i) the person to whom the trader’s plate is issued,(ii) a person who has a legal right to possession of the vehicle (including any person who has the use of the vehicle under a lease or hire-purchase agreement, but not the lessor while the vehicle is being leased under any such agreement), and(c) in relation to a vehicle that is not registered in Australia and to which no trader’s plate is affixed—each of the following persons—(i) a person who was last recorded in an Australian registrable vehicles register as being responsible for the vehicle,(ii) a person who has a legal right to possession of the vehicle (including any person who has the use of the vehicle under a lease or hire-purchase agreement, but not the lessor while the vehicle is being leased under any such agreement), and(d) any other person (or class of persons) prescribed by the statutory rules for the purposes of this definition.(2) For the purposes of subsection (1)(d), the statutory rules may prescribe different persons for different provisions of the road transport legislation.
11 Rights, liabilities and obligations of multiple responsible persons
(cf Gen Act, s 7)
(1) Subject to any statutory rules made for the purposes of subsection (2), if more than one person is the responsible person for a vehicle at any one time, a reference in any relevant legislation to the responsible person for a vehicle within the meaning of this Act or any other road transport legislation is taken to include a reference to each person who is a responsible person for such a vehicle.(2) The statutory rules may provide for the determination of the respective rights, liabilities and obligations of each responsible person for a vehicle under any relevant legislation, but only with the concurrence of the Minister administering the relevant legislation.(3) In this section—relevant legislation means—(a) a provision of the road transport legislation, or(b) a provision of any other Act (or a provision of a statutory rule made under any such Act) concerned with the responsible person for a vehicle within the meaning of this Act or any other road transport legislation.
(1) The statutory rules may apply (whether with or without modifications) any or all of the provisions of the Acts Interpretation Act 1901 of the Commonwealth to the interpretation of—(a) this Act or the statutory rules (or specified provisions of this Act or the statutory rules), or(b) any instrument made under this Act or the statutory rules (or specified provisions of any such instrument).(2) This section does not prevent the Interpretation Act 1987 from applying to any provision of this Act or the statutory rules (or of an instrument made under this Act or the statutory rules) to the extent that it can do so consistently with the application of the Acts Interpretation Act 1901 of the Commonwealth to any such provision by a statutory rule referred to in subsection (1).
13 Notes
Notes included in this Act do not form part of this Act.Note—For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of other Acts and statutory rules (as in force immediately before the enactment of this Act). Abbreviations in these notes include the following—(a) DL Act is a reference to the Road Transport (Driver Licensing) Act 1998 No 99,(b) Gen Act is a reference to the Road Transport (General) Act 2005 No 11,(c) Gen Reg is a reference to the Road Transport (General) Regulation 2005,(d) STM Act is a reference to the Road Transport (Safety and Traffic Management) Act 1999 No 20,(e) STM Reg is a reference to the Road Transport (Safety and Traffic Management) Regulation 1999,(f) VR Act is a reference to the Road Transport (Vehicle Registration) Act 1997 No 119.
Part 1.3 Application
Division 1 General
14 General relationship with other laws
(cf Gen Act, s 14)
(1) Other Acts and laws not affected except as provided by this section Subject to this section, nothing in the road transport legislation—(a) affects any of the provisions of any other Act or any statutory rule made under any other Act, or takes away any powers vested in any person or body by any other Act or statutory rule made under any other Act, except as provided by this section, or(b) affects any liability of any person at common law except to the extent that the road transport legislation provides otherwise either expressly or by necessary intendment.(2) This Act and statutory rules to be interpreted as generally prevailing over other legislation in cases of inconsistency An Act that forms part of the road transport legislation is to be construed as prevailing over any other Act to the extent of any inconsistency unless the other Act provides otherwise either expressly or by necessary intendment.(3) An Act that forms part of the road transport legislation is to be construed as prevailing over any statutory rule made under any other Act to the extent of any inconsistency unless the other Act provides otherwise either expressly or by necessary intendment.(4) A statutory rule that forms part of the road transport legislation is to be construed as prevailing over any other Act or statutory rule made under another Act to the extent of any inconsistency in respect of driver licensing, vehicle registration or traffic on roads (or other related matters) unless the other Act provides otherwise either expressly or by necessary intendment.(5) Statutory rules may displace operation of subsections (2)–(4) Despite subsections (2)–(4), the statutory rules may provide that any other Act or a statutory rule (or any provision of another Act or statutory rule) is to be construed as prevailing over an inconsistent provision of the road transport legislation.Note—The expression statutory rule is defined in the Interpretation Act 1987 to mean—(a) a regulation, by-law, rule or ordinance—(i) that is made by the Governor, or(ii) that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor, or(b) a rule of court.s 14: Am 2023 No 7, Sch 3.25[1].
15 Statutory rules may disapply roads legislation in certain circumstances
(cf Gen Act, s 12)
(1) For the purpose of facilitating the administration and enforcement of the road transport legislation, the statutory rules may provide that specified roads legislation (or specified provisions of the roads legislation) does not apply to a vehicle, person or animal (or any class of vehicles, persons or animals) to the extent specified by the statutory rules.(2) In this section—roads legislation means—(a) the Roads Act 1993 (or any regulations made under that Act), or(b) the Heavy Vehicle National Law (NSW) (or any regulations in force for the purposes of that Law).s 15: Am 2013 No 71, Sch 2.2 [4] [5].
16 Contracting out prohibited
(cf Gen Act, s 9)
A term of any contract or agreement that purports to exclude, limit or modify the operation of this Act or of any provision of this Act is void to the extent that it would otherwise have that effect.
17 Act to bind Crown
(cf DL Act, s 6; Gen Act, s 8; STM Act, s 5; VR Act, s 23)
This Act binds the Crown in right of this jurisdiction and, in so far as the legislative power of the Parliament of this jurisdiction permits, the Crown in all its other capacities.
Division 2 Alteration of scope of operation of road transport legislation
18 Power of Minister to include or exclude areas
(cf Gen Act, s 15)
(1) The Minister may declare, by order published in the Gazette, that the road transport legislation, or any specified provision of the road transport legislation—(a) applies to a specified area of this jurisdiction that is open to or used by the public, or(b) does not apply to a specified road.Note—The Minister may amend, rescind, revoke or repeal an order made under this section. See section 43 of the Interpretation Act 1987 and the definition of repeal in that Act.(2) The declaration has effect until it is rescinded, revoked or repealed, or for the period specified in the declaration.s 18: Am 2023 No 7, Sch 3.25[2].
19 Power of Minister to exclude vehicles, persons or animals
(cf Gen Act, s 16)
(1) The Minister may declare, by order published in the Gazette, that the road transport legislation (or a specified provision of the road transport legislation) does not apply to a vehicle, person or animal in any location or circumstance specified in the order.Note—The Minister may amend, rescind, revoke or repeal an order made under this section. See section 43 of the Interpretation Act 1987 and the definition of repeal in that Act.(2) The declaration has effect until it is rescinded, revoked or repealed, or for the period specified in the declaration.s 19: Am 2023 No 7, Sch 3.25[2].
20 Minister to consult before making certain declarations
(cf Gen Act, s 17)
Before making a declaration under this Division in respect of Chapter 4 (Vehicle registration), or any statutory rules made for the purposes of that Chapter, the Minister is to consult with the Minister administering the Motor Accident Injuries Act 2017.s 20: Am 2017 No 10, Sch 5.11 [1].
21 Statutory rules may exclude vehicles, animals and persons
(cf DL Act, s 20(2)(k) and (l); Gen Act, s 13; STM Act, s 72; VR Act, s 16)
(1) The statutory rules may—(a) exempt a vehicle, person or animal (or a class of vehicles, persons or animals of a kind) identified in the statutory rules from the operation of this Act or the statutory rules (or specified provisions of this Act or the statutory rules), and(b) authorise Transport for NSW to exempt a vehicle, person or animal (or a class of vehicles, persons or animals of a kind) identified in the statutory rules from the operation of this Act or the statutory rules (or specified provisions of this Act or the statutory rules), and(c) without limiting paragraphs (a) and (b), provide that this Act or the statutory rules (or specified provisions of this Act or the statutory rules) do not apply to a driver or a class of drivers.(2) An exemption granted by or under the statutory rules as referred to in subsection (1) may be given unconditionally or on specified conditions.(3) The statutory rules may provide for Transport for NSW to do either or both of the following—(a) to suspend the operation of any statutory rule referred to in subsection (1) in such manner and in such circumstances as may be specified by the statutory rules,(b) to suspend the operation of an exemption, or to revoke an exemption, given by it to any vehicle, person or animal in such manner and in such circumstances as may be specified by the statutory rules.
22 (Repealed)
s 22: Rep 2020 No 33, Sch 1[9].
Chapter 2 Statutory rules
23 General power to make regulations and rules
(cf DL Act, s 19(1); Gen Act, s 10(1); STM Act, ss 71(1) and 72A; VR Act, s 14(1))
(1) The Governor may make regulations and rules, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) Without limiting section 43 of the Interpretation Act 1987, the rules may amend or repeal the regulations and the regulations may amend or repeal the rules.Note—Section 43 of the Interpretation Act 1987 provides that if an Act confers a power on any person or body to make a statutory rule, the power includes power to amend or repeal any statutory rule made in the exercise of that power.(3) A reference in any other Act or law to a matter prescribed by the rules or regulations under this Act (however expressed) includes a reference to a matter prescribed by the statutory rules.(4) The same legal rules and principles apply to the resolution of an inconsistency between a rule and a regulation as apply to the resolution of an inconsistency between regulations.
24 Examples of statutory rule-making powers
(cf DL Act, s 20(4) and (5); STM Act, s 71(2) and (11))
(1) Without limiting section 23 or any other provision of this Act conferring a power to make statutory rules, the statutory rules may make provision for or with respect to the matters set out in Schedule 1 (Examples of statutory rule-making powers).(2) Without limiting Schedule 1 or any other provision of this Act conferring a power to make statutory rules in relation to fees, the statutory rules may impose a fee in respect of services provided by Transport for NSW under this Act or the statutory rules despite the fact that the fee may also comprise a tax.(3) A provision of the statutory rules made for the purposes of clause 1(2)(g) of Schedule 1 has effect despite anything to the contrary in section 150(5) of the Liquor Act 2007.
25 Incorporation of documents and modification of definitions
(cf DL Act, s 19(2); Gen Act, s 11(3); STM Act, s 71(3)–(6))
(1) The statutory rules—(a) may apply, adopt or incorporate, whether wholly or in part or with or without modifications, any of the following (either as in force or effect at a particular time or from time to time)—(i) any publication of the National Transport Commission that has been approved (whether before or after the commencement of this section) by the Australian Transport Council,(ii) a national road vehicle standard under the Road Vehicle Standards Act 2018 of the Commonwealth, section 12,(iii) any other publication (including any Act or statutory rule of another jurisdiction), and(b) may apply to any provision of the statutory rules, whether wholly or in part or with or without modifications, the provisions of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.(2) Subsection (1)(a) extends to documents approved by the Australian Transport Council that have been published in this jurisdiction by Transport for NSW on behalf of the National Transport Commission.(3) If a statutory rule applies, adopts or incorporates by way of reference any publication (or provision of a publication) referred to in subsection (1)(a) of the National Transport Commission that has been approved by the Australian Transport Council, evidence of the publication or provision may be given in any proceedings—(a) by the production of a document purporting to be a copy of it and purporting to be published by or on behalf of the National Transport Commission, or(b) by the production of a document purporting to be a copy of it and purporting to be printed by the government printer or by the authority of the Government of this jurisdiction or another jurisdiction.(4) For the purposes of the statutory rules, the statutory rules may define an expression (or apply, adopt, or incorporate a definition of an expression in a publication referred to in subsection (1)(a)) that is defined by this Act—(a) in the same (or in substantially the same) way as it is defined by this Act, or(b) by reference to one or more classes of matter included in the expression as defined by this Act, or(c) by reference to a combination of classes of matter included in the expression as defined by this Act and in any other expression defined by this Act (but not so as to exceed the power to make statutory rules in respect of those classes of matter), or(d) for the purposes of applying, adopting or incorporating a publication of the National Transport Commission that has been approved by the Australian Transport Council—in the same way as it is defined in the publication despite anything contained in this Act or any other road transport legislation.s 25: Am 2021 No 22, Sch 5.12[1].
26 Offences in the statutory rules and certificate evidence
(cf DL Act, ss 19(3) and 19A; Gen Act, ss 10(4), 11A(3), 11B(3), 11C(3) and 28A(3); STM Act, s 71(7)–(10); VR Act, s 14(4))
(1) Subject to subsection (2), the statutory rules may create offences (including by making provision for or with respect to defences for such offences and who bears the onus of proof in respect of such defences).(2) Offences created by the statutory rules may be made punishable by a penalty not exceeding 50 penalty units.(3) In addition to a penalty referred to in subsection (2), the statutory rules may provide for a person who is convicted of an offence against this Act or the statutory rules—(a) to be automatically disqualified by virtue of the conviction from holding a driver licence for a period not exceeding 6 months, or(b) to be disqualified by order of the court that convicts the person of the offence from holding a driver licence for such period as the court thinks fit (whether for a period that is shorter or longer than a period of automatic disqualification referred to in paragraph (a)).(4) The statutory rules may provide for a person who is prosecuted for an aggravated form of an offence against the statutory rules to be convicted by a court of a lesser offence if the court is not satisfied that the elements of the aggravated offence have been proven, but is satisfied that the elements of the lesser offence have been proven.(5) The statutory rules may provide for a document that is signed or purports to be signed by or on behalf of Transport for NSW or other specified person in respect of a speed limit applying to a road that certifies any matter specified by the statutory rules concerning the speed limit (or the operation of any device by means of which the speed limit is imposed) to be admissible and prima facie evidence of that matter in proceedings before a court or tribunal.s 26: Am 2017 No 61, Sch 1.1.
Chapter 3 Driver licensing
Part 3.1 General functions of TfNSW in relation to driver licensing
pt 3.1, hdg: Am 2020 No 30, Sch 4.85[3].
27 Maintenance of NSW driver licence register and other functions
(cf DL Act, s 8)
(1) Transport for NSW is to maintain a register of driver licences (the NSW driver licence register) in accordance with this Chapter and the statutory rules.(2) Transport for NSW also has the following functions under this Chapter—(a) to administer the driver licensing system established by this Chapter and the statutory rules,(b) to maintain the NSW demerit points register in accordance with this Chapter and the statutory rules,(c) to provide information about drivers in accordance with the statutory rules,(d) to exercise such other functions concerning driver licensing as are conferred or imposed by or under this Chapter and the statutory rules.
28 TfNSW not to issue or renew licence in certain circumstances
(cf DL Act, s 9)
(1) Transport for NSW must not issue a driver licence to a person unless it is satisfied that the person is a resident of this jurisdiction and that—(a) the person is eligible to be issued with, or to apply for, the driver licence, andin accordance with the statutory rules.(b) if the person is the holder of an Australian driver licence or a licence to drive a motor vehicle in a foreign country, that licence has been surrendered,(2) However, Transport for NSW may issue a driver licence to a person without the person surrendering the person’s licence to drive a motor vehicle in a foreign country in circumstances prescribed by the statutory rules.(3) Transport for NSW must not renew a driver licence of a person if it is satisfied that the person is no longer a resident of this jurisdiction.(4) Subsections (1) and (3), to the extent that they require a person to be a resident of this jurisdiction, do not apply to a person who resides temporarily outside this jurisdiction.(5) This section does not limit the other circumstances in which Transport for NSW may refuse to issue or renew a licence.s 28: Am 2020 No 30, Sch 4.85[4].
29 Mutual recognition
(cf DL Act, s 11)
(1) Transport for NSW must, in accordance with the statutory rules, recognise—(a) driver licences issued by another jurisdiction, and(b) licence conditions that apply to those licences, other than conditions that apply only in circumstances that are unique to that other jurisdiction or that are prescribed by the statutory rules.(2) The statutory rules may provide for the effect of the recognition of driver licences and licence conditions by Transport for NSW.(3) If a person who holds a driver licence issued by another driver licensing authority—(a) commits an offence in this jurisdiction that is included in the national schedule of demerit points, orTransport for NSW must, as soon as practicable, transmit all relevant information about the offence to the other driver licensing authority.(b) pays the amount specified in a penalty notice for such an offence,(4) If a person who is not the holder of an Australian driver licence—(a) commits an offence in this jurisdiction that is included in the national schedule of demerit points, orTransport for NSW must transmit the relevant information about the offence to the driver licensing authority of the jurisdiction in which the person ordinarily resides.(b) pays the amount specified in a penalty notice for such an offence,(5) However, Transport for NSW is not required to transmit any information until after—(a) if the person appeals against a conviction for the offence and the appeal is dismissed or discontinued—the dismissal or discontinuance of the appeal, or(b) if the person does not appeal—the last time at which the person could have appealed, or(c) if the person does not pay the penalty specified in a penalty notice issued to the person in respect of the offence and the person does not elect to have the matter dealt with by a court—the time for the person to have the matter so dealt with has elapsed.(6) If Transport for NSW receives information about a person from another driver licensing authority under a provision of a law of the other jurisdiction that corresponds to this section, Transport for NSW must take the action it would have taken if the offence had been committed in this jurisdiction.
30 Security of information in registers
(cf DL Act, s 12)
(1) Transport for NSW must ensure that information contained in the NSW driver licence register or the NSW demerit points register that is of a personal nature or that has commercial sensitivity for the person about whom it is kept is not released except as provided by the statutory rules or under another law.(2) However, if the register includes any photograph to which Part 3.5 applies, Part 3.5 (rather than the statutory rules) applies to the release of that photograph.
Part 3.2 Demerit points system
Division 1 NSW demerit points register and offences
31 NSW demerit points register
(cf DL Act, s 14)
(1) Transport for NSW is to maintain a register of demerit points (the NSW demerit points register) in accordance with this Chapter and the statutory rules.(2) Transport for NSW is to record, in the NSW demerit points register, against a person the number of demerit points specified in the statutory rules if—(a) the person is convicted of an offence specified in the national schedule of demerit points or any other offence specified in the statutory rules, or recognised, under section 32, or(b) the person pays the whole or any part of the penalty specified in a penalty notice issued to the person in respect of the offence, or(c) the person has not paid the penalty specified in a penalty notice issued to the person in respect of the offence, the person 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.(3) Demerit points incurred by a person for an offence for which demerit points may be incurred under this Chapter or the statutory rules are to be recorded in the NSW demerit points register in respect of the day on which the offence was committed.(4) To avoid doubt, Transport for NSW is not to record demerit points against a person under this Division in respect of an offence if the court makes an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 in respect of the offence.(5) Without limiting this section, Transport for NSW—(a) may change the NSW demerit points register to correct a mistake, error or omission in the register, subject to the requirements of the statutory rules, and(b) must change the NSW demerit points register if required under section 32A.Note—If the holder of a driver licence issued by another driver licensing authority commits an offence in this jurisdiction that warrants demerit points, Transport for NSW must transmit all relevant information about the offence to the other authority (see section 29(3)).s 31: Am 2023 No 14, Sch 1[1].
32 Offences for which demerit points are incurred
(cf DL Act, s 15)
(1) The statutory rules may prescribe—(a) the offences (relating to the driving or use of motor vehicles), and the number of demerit points incurred for each offence, that comprise the national schedule of demerit points, and(b) additional offences (relating to the driving or use of motor vehicles) created under a law of this jurisdiction for which demerit points may be incurred and the number of demerit points incurred for each offence.(2) Transport for NSW may, by notice published in the Gazette—(a) recognise offences (relating to the driving or use of motor vehicles) created under a law of this jurisdiction or another jurisdiction that are not on the national schedule of demerit points as being offences for which Transport for NSW will record demerit points against persons, and(b) specify the number of demerit points incurred for each of those offences.(3) Transport for NSW may, by notice published in the Gazette, revoke the recognition of an offence against subsection (2) or amend the number of demerit points specified for an offence. Any such revocation or amendment takes effect on the day the notice is published in the Gazette, or on such later day as may be specified in the notice.(4) A statutory rule or a notice under this section may specify different numbers of demerit points for the same offence in different circumstances (whether or not the offence is contained in the national schedule of demerit points).(5) An offence is taken to be recognised under this section on the day the notice is published in the Gazette or on such later day as may be specified in the notice.(6) A revocation or amendment under subsection (3) does not affect any demerit points incurred before the revocation or amendment takes effect.
32A Demerit points reduction trial
(1) Transport for NSW must, as soon as practicable after the end of the trial period, reduce the number of demerit points recorded in the NSW demerit points register against an eligible person by 1 point if—(a) during the 3 years preceding the start of the trial period, demerit points were recorded in the register against the eligible person, and(b) during the trial period, the eligible person did not commit a relevant offence, and(c) at the end of the trial period, demerit points were recorded in the register against the eligible person.(2) In this section—eligible person—(a) means a person who held an unrestricted driver licence for the duration of the trial period, and(b) includes a person—(i) whose unrestricted driver licence was suspended or cancelled, or whose application to renew the licence was refused on medical grounds, during the trial period, or(ii) whose unrestricted driver licence was suspended, or whose application to renew the licence was refused, during the trial period, for a failure to pay a fine or other penalty if the total period of the suspension, or period in which the application to renew the licence was refused, was less than 3 months, or(iii) whose unrestricted driver licence was expired during the trial period for a period of less than 6 months before being renewed, or(iv) whose unrestricted driver licence was suspended during the trial period by the Commissioner of Police or another police officer if—(A) the charge that resulted in the suspension was withdrawn, or(B) a decision was made not to enforce the penalty notice that resulted in the suspension.relevant offence—(a) means an offence —(i) which Transport for NSW must record in the NSW demerit points register under section 32(1), or(ii) as a result of which a person is disqualified from holding or obtaining a driver licence, or(iii) against section 53, and(b) includes an offence of a kind mentioned in paragraph (a), including one which would incur a disqualification period if the driver were convicted, in relation to which the court makes an order under the Crimes (Sentencing Procedure) Act 1999, section 10.trial period means—(a) the period prescribed by the statutory rules, or(b) if a period is not prescribed under paragraph (a)—the period starting on 17 January 2023 and ending on 16 January 2024.(3) This section and section 31(5)(b) expire on the later of the following—(a) 31 January 2025,(b) a date prescribed by the statutory rules.s 32A: Ins 2023 No 14, Sch 1[2].
Division 2 Consequences for unrestricted licence holders who incur demerit points
33 Suspension of licence
(cf DL Act, s 16(2)–(6))
(1) Transport for NSW must give a notice of licence suspension to the holder of an unrestricted driver licence who incurs 13 or more demerit points (or in the case of a professional driver 14 or more demerit points) within the 3-year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person.(2) Despite subsection (1), Transport for NSW is not required to take action under that subsection if it is of the opinion that—(a) it would be unreasonable to do so, having regard to the date when any relevant offence was committed, or(b) it would be more appropriate for the person to be dealt with under section 34(2) or 35.(3) The notice of licence suspension must specify the date on which the suspension is to take effect and must contain any other matters specified by the statutory rules. The date specified must not be earlier than 28 days after the notice is given.(4) The period of licence suspension under subsection (1) is the period applicable under the following table—Licence suspension for demerit points
34 Consequences in relation to licence applications
(cf DL Act, s 16AA)
(1) Demerit points recorded against a person must be taken into account if the person subsequently obtains or applies for a driver licence within 3 years of the date of the offence for which the demerit points are incurred.(2) For the purposes of subsection (1), if a person applies for a driver licence (including for the renewal of a licence) having incurred 13 or more demerit points (or in the case of a professional driver 14 or more demerit points) within a 3-year period ending on the day on which the applicant last committed an offence for which demerit points have been recorded against the applicant—(a) Transport for NSW may refuse the person’s application and take action under section 35, or(b) Transport for NSW may grant the licence and take action under section 33.
35 Licence ineligibility
(cf DL Act, s 16A(1)–(5))
(1) Transport for NSW may give a notice of licence ineligibility to the applicant for an unrestricted driver licence who incurs 13 or more demerit points (or in the case of a professional driver 14 or more demerit points) within the 3-year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person.(2) However, Transport for NSW may not give a person both a notice of licence ineligibility and a notice of licence suspension under section 33 in respect of the same 3-year period.(3) The notice of licence ineligibility must specify the date on which the ineligibility is to take effect (not being a date that is earlier than the date on which the notice is given) and must contain any other matters specified by the statutory rules. If the notice is given to the applicant personally, the specified date is taken to be the date on which it is given unless the notice provides for a later date.(4) The period of licence ineligibility under subsection (1) is the period applicable under the following table—Licence ineligibility for demerit points
36 Driver may elect to be of good behaviour as alternative
(cf DL Act, ss 16(8) and (9) and 16A(7) and (8))
(1) A person who incurs at least 13 demerit points (or in the case of a professional driver 14 demerit points) within the 3-year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person may—(a) if the person has been served with a notice of licence suspension—notify Transport for NSW that the person elects, as an alternative to undergoing the suspension, to be of good behaviour for a period of 12 months on and from the day on which the licence would otherwise be suspended (the original suspension day) or, if the person is required by notice given under section 43A to undertake a driver knowledge test, the later of the original suspension day and the day on which the person undertakes and passes the test to the satisfaction of Transport for NSW, or(b) if the person has been served with a notice of licence ineligibility—notify Transport for NSW that the person elects, as an alternative to undergoing the ineligibility period, to be of good behaviour for a period of 12 months from—(i) where the ineligibility period has not commenced—the day on which the licence ineligibility would otherwise have had effect (the original ineligibility day), or(ii) where the ineligibility period has commenced—the day on which the person makes the election.(1A) Despite subsection (1)(b), if a person who makes an election under that paragraph is required by notice given under section 43A to undertake a driver knowledge test, the good behaviour period is for a period of 12 months from the later of the original ineligibility day or day of election (as the case requires) and the day on which the person undertakes and passes the test to the satisfaction of Transport for NSW.(2) A notification of an election by a person under subsection (1) must be—(a) in the form approved by Transport for NSW, and(b) if the person has been served with a notice of licence suspension—made before the commencement of the period of suspension, and(c) if the person has been served with a notice of licence ineligibility—made before or during the commencement of the period of licence ineligibility.(3) If a person makes an election under subsection (1)(b), Transport for NSW is authorised after the election is made or while the 12 months’ good behaviour period is in force to issue a driver licence to the person or renew any driver licence held by the person.(4) If a person who has made an election under this section incurs 2 or more demerit points during the 12 months’ good behaviour period, Transport for NSW must give the person one of the following notices—(a) a notice suspending all driver licences held by the person, commencing on a day specified in the notice (being a day that is not earlier than 28 days after the notice is given), for twice the period of suspension or licence ineligibility that would have applied to the person if the person had not made the election,(b) a notice specifying that the person is ineligible to hold a driver licence, commencing on a day specified in the notice (being a day that is not earlier than the day the notice is given), for twice the period of suspension or licence ineligibility that would have applied to the person if the person had not made the election.(5) If Transport for NSW gives a person a notice under subsection (4)(a), all driver licences held by the person are suspended for the period specified in the notice commencing on and from the date specified in the notice.(6) If Transport for NSW gives a person a notice under subsection (4)(b), the person is not entitled—(a) to be issued with a driver licence for the period specified in the notice commencing on and from the date specified in the notice, and(b) to apply for a driver licence for that period.s 36: Am 2014 No 42, Sch 1 [4]–[6].
37 Deletion of demerit points
(cf DL Act, ss 16(7) and (10)–(12) and 16A(6) and (9)–(11))
(1) All demerit points recorded in the NSW demerit points register against a person at the date of a notice of licence suspension or notice of licence ineligibility given to the person under this Division (and taken into account for the purposes of the notice) are taken to be deleted—(a) if the person’s driver licences have been suspended under this Division—on the commencement of the period of suspension, or(b) if the person has become ineligible under this Division to be issued with, and to apply for, a driver licence—on the commencement of the period of licence ineligibility, or(c) if the person has elected to be of good behaviour as an alternative to undergoing suspension or licence ineligibility—on the commencement of the period of good behaviour.(2) If the period of suspension specified in the notice of licence suspension is determined in accordance with section 36(4), a reference in subsection (1) to the demerit points recorded in the NSW demerit points register against the person concerned at the date of the notice is a reference to the demerit points recorded at that date that have been taken into account in the notice.(3) Despite subsection (1), demerit points incurred by a person in any of the following circumstances are not taken to be deleted under this section—(a) demerit points incurred after the person is served with a notice of licence suspension but before the suspension begins,(b) demerit points incurred after the person is served with a notice of licence ineligibility but before the licence ineligibility takes effect,(c) if the person has elected to be of good behaviour as an alternative to undergoing suspension or licence ineligibility—demerit points incurred after the person is served with the notice of licence suspension or notice of licence ineligibility (as the case may be) and before the 12 months’ period of good behaviour begins.(4) Demerit points that are taken not to be deleted in the circumstances referred to in subsection (3) are to be taken into account for the purposes of sections 33(1) and 35(1) from the end of the period of licence suspension, period of licence ineligibility or period of good behaviour (as the case may be).(5) Nothing in this section prevents Transport for NSW from retaining records of deleted demerit points incurred by any person.
38 Suspension of licence—graffiti licence orders
(cf DL Act, s 16AB)
(1) If a person who is subject to a graffiti licence order made under section 13C(1)(b) of the Graffiti Control Act 2008 incurs the same or more than the threshold number of demerit points (within the meaning of section 13E of that Act) applying to the person during the graffiti licence order period under the order, Transport for NSW must give the person a notice suspending all driver licences held by the person, commencing on a day specified in the notice, for a period that is equivalent to the graffiti licence order period.Note—At the commencement of this section, section 13E(2) of the Graffiti Control Act 2008 required a graffiti licence order to specify the threshold number of demerit points as 4 demerit points.(2) On the commencement of the period of suspension referred to in subsection (1), all demerit points recorded in the NSW demerit points register against the person during the graffiti licence order period at the date of the notice, and taken into account for the purpose of the notice, are taken to be deleted.(3) Nothing in subsection (2) affects any demerit points incurred by the person before the beginning of the graffiti licence order period and any such points are to be taken into account for the purposes of section 33(1) or 35(1) from the end of the suspension period.(4) Nothing in subsection (2) prevents Transport for NSW from retaining records of deleted demerit points incurred by any person.
Division 3 Consequences for learner or provisional licence holders who incur demerit points
39 Consequences generally
(cf DL Act, s 17A)
If the holder of a learner licence or a provisional licence incurs the threshold number of demerit points within the 3-year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person, Transport for NSW may—(a) issue a notice of suspension or cancellation of licence under section 40, or(b) if the person subsequently applies for a driver licence—(i) refuse the application and issue a notice of licence ineligibility under section 41, or(ii) where the driver licence applied for is a learner or provisional licence—grant the licence and issue a notice of suspension or cancellation of licence under section 40.Note—The expression threshold number of demerit points for the holder of a learner licence or the holder of a provisional licence is defined in section 4(1).
40 Suspension or cancellation of licence
(cf DL Act, s 17B)
(1) Transport for NSW may give a notice of licence suspension or cancellation to the holder of a learner licence or a provisional licence who incurs the threshold number of demerit points within the 3-year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person.(2) A notice of licence suspension must specify the date on which the suspension is to take effect and any driver licence to which the notice applies, and must contain any other matters specified by the statutory rules. The date specified must not be earlier than 28 days after the notice is given.(3) If a person is served with a notice of licence suspension under this section, all driver licences held by the person in relation to which the threshold number of demerit points is the same or lower than the number of demerit points taken into account for the purposes of the notice, are suspended on and from the date, and for the period, specified in the notice.(4), (5) (Repealed)(6) The statutory rules may make provision for or with respect to the following matters—(a) notices of cancellation to holders of learner licences or provisional licences who incur the threshold number of demerit points,(b) the circumstances in which Transport for NSW may issue a notice of cancellation to holders of learner licences or provisional licences who incur the threshold number of demerit points,(c) prescribing the driver licences held by a person that may be cancelled as a consequence of incurring demerit points the subject of a notice of cancellation served on the person,(d) the deletion of demerit points recorded in the NSW demerit points register against a person on cancellation of the person’s licence.s 40: Am 2020 No 33, Sch 1[10].
41 Licence ineligibility
(cf DL Act, s 17C)
(1) Transport for NSW may give a notice of licence ineligibility to the applicant for a learner licence or provisional licence who incurs the threshold number of demerit points within the 3-year period ending on the day on which the person last committed an offence for which demerit points have been recorded against the person.(2) However, Transport for NSW may not give a person both a notice of licence ineligibility and a notice of licence suspension or cancellation under section 40 in respect of the same 3-year period.(3) The notice of licence ineligibility must specify the date on which the ineligibility is to take effect (not being a date that is earlier than the date on which the notice is given), the period of ineligibility and any licence to which the notice applies, and must contain any other matters specified by the statutory rules. If the notice is given to the applicant personally, the specified date is taken to be the date on which it is given unless the notice provides for a later date.(4) Except as provided by subsection (5), a person who has been given a notice of licence ineligibility under this section is not entitled to apply for or be issued with any driver licence on and from the date, and for the period, specified in the notice.(5) Subsection (4) does not prevent a person given a notice of licence ineligibility under this section who holds a driver licence of a licence class different from that the subject of the application in relation to which the notice is given, from applying for or being issued with—(a) a renewal of that licence, or(b) a higher grade or class of that licence.(6), (7) (Repealed)(8) In this section, a reference to a grade of driver licence is a reference to a learner licence, a provisional P1 licence, a provisional P2 licence or an unrestricted licence (ordered from lowest to highest).s 41: Am 2020 No 33, Sch 1[11]; 2023 No 35, Sch 1.17[1]–[3].
41A Deletion of demerit points
(1) All demerit points recorded in the NSW demerit points register against a person at the date of a notice of licence suspension or notice of licence ineligibility given to the person under this Division, and taken into account for the purposes of the notice, are taken to be deleted—(a) if the person’s driver licence has been suspended under this Division—on the commencement of the period of suspension, or(b) if the person has become ineligible under this Division to be issued with, and to apply for, a driver licence—on the commencement of the period of licence ineligibility, or(c) if the person has lodged an appeal in relation to the licence suspension or licence ineligibility—on the determination of the appeal.(2) Demerit points that are taken not to be deleted in the circumstances referred to in subsection (1) are to be taken into account for the purposes of sections 40(1) and 41(1) from the end of the period of licence suspension or period of licence ineligibility, as the case may be.(3) Nothing in this section prevents Transport for NSW from retaining records of deleted demerit points incurred by any person.s 41A: Ins 2020 No 33, Sch 1[12].
Division 4 General matters relating to demerit points
42 Determining demerit thresholds where combined licences are held
(cf DL Act, s 17D)
(1) If a person holds 2 classes of driver licence and a different threshold number of demerit points applies to each of those licences—(a) demerit points incurred on the licence to which the higher threshold applies may be counted only towards the threshold applying to that licence, and(b) demerit points incurred on the licence to which the lower threshold applies may be counted towards either threshold.(2) If a person holds 2 classes of driver licence and the same threshold number of demerit points applies to both of those licences, demerit points incurred on either licence may be counted towards the threshold.(3) If a person makes an election in accordance with section 36 and holds 2 classes of driver licence, demerit points incurred on either licence may be counted towards the threshold number of demerit points referred to in section 36(4).(4) For the purposes of subsections (1) and (2), the threshold number of demerit points applying to a licence is—(a) for an unrestricted licence—the threshold of 13 or more demerit points (or in the case of a professional driver 14 or more demerit points) applying to the holder of an unrestricted licence under Division 2, and(b) for a learner, provisional P1 or provisional P2 licence—the threshold number of demerit points applying to the holders of those licences as defined in section 4(1).
43 Demerit points penalties
(cf DL Act, s 18)
(1) A period of licence suspension under Division 2 or 3 is in addition to any period of licence suspension imposed under another law of this jurisdiction.(2) Demerit points recorded in the NSW demerit points register against a person are not affected by a period of licence suspension or disqualification imposed by a court in Australia, or under another law in force in this jurisdiction.(3) Nothing in this section prevents the statutory rules from requiring Transport for NSW to take into account any prior period of suspension ended by a disqualification when determining whether to issue a new driver licence to a person who has completed any such period of disqualification.(4) Transport for NSW may decide to suspend or cancel a driver licence under this Part without the holder of the licence having been provided an opportunity to show cause why the licence should not be suspended or cancelled.
43A Consequences for repeated incurring of threshold number of demerit points
(1) Transport for NSW may, by notice in writing, require the holder of an unrestricted driver licence who incurs the threshold number of demerit points on 2 occasions within a period of 5 years to undertake a driver knowledge test or driver education course, or both, specified in the notice.(2) Transport for NSW may, by notice in writing, require the holder of a provisional P1 licence or provisional P2 licence who incurs the threshold number of demerit points on 2 occasions (whether or not within a period of 5 years) to undertake a driver knowledge test specified in the notice.(3) Notice under this section must specify the period within which the driver knowledge test or driver education course must be undertaken and must contain any other matters specified in the statutory rules.(4) The person to whom a notice is given under this section must undertake the required test or course within the period specified by the notice (or such longer period as Transport for NSW may allow).(5) Notice may be given under this section whether or not the person has been given a notice of licence suspension or notice of licence ineligibility under section 33, 35, 40 or 41 as a result of incurring the threshold number of demerit points justifying the giving of the notice under this section and whether or not a person has given notification of an election under section 36.(6) Any period of licence suspension or licence ineligibility applicable to a person required to undertake a driver knowledge test by notice given under this section is extended until such time as the person has undertaken, and passed to the satisfaction of Transport for NSW, the driver knowledge test.(7) Transport for NSW may give a notice to a person required to undertake a driver education course by notice under this section who fails to undertake the course suspending all driver licences held by the person until such time as the person undertakes the course to the satisfaction of Transport for NSW.s 43A: Ins 2014 No 42, Sch 1 [7].
Part 3.3 Interlock devices
44 Definitions
(cf DL Act, s 21)
In this Act—accredited interlock service provider means a person accredited by Transport for NSW under section 46 to exercise functions with respect to interlock services.interlock device means a device designed to—(a) analyse a breath sample for the presence of alcohol, and(b) prevent a motor vehicle from being started if it detects more than a certain concentration of alcohol.interlock driver licence—see section 47(2)(a).interlock services include the supply, installation, removal, inspection, testing and maintenance of interlock devices and collection and provision of data concerning the installation and use of interlock devices.maintenance, in relation to an interlock device, includes (but is not limited to) the following—(a) the retrieval of any information that is stored electronically by or with the device,(b) any work that improves or augments the functionality of the device.s 44: Am 2014 No 42, Sch 1 [8]–[10].
45 Meaning of “approved interlock device”
(cf DL Act, s 21A)
In this Act, an approved interlock device is an interlock device of a type approved by Transport for NSW by order published in the Gazette.Note—Transport for NSW may amend, rescind, revoke or repeal an order made under this section. See section 43 of the Interpretation Act 1987 and the definition of repeal in that Act.s 45: Am 2014 No 42, Sch 1 [11]; 2023 No 7, Sch 3.25[2].
46 Meaning of “accredited interlock service provider”
(cf DL Act, s 21B)
(1) Transport for NSW may enter into an agreement with a person about the exercise of functions by the person with respect to the provision of interlock services for the purposes of this Part and Division 2 of Part 7.4 (an interlock services agreement).(2) An agreement may (without limiting the matters with respect to which it may make provision) include provision about the following—(a) pricing arrangements for provision of interlock services,(b) setting and maintenance of service standards (including, without limitation, standards relating to the process of installing, maintaining and removing interlock devices and delivery of services),(c) the provision, sharing and protection of data recorded on interlock devices.(3) The functions of an accredited interlock service provider may be exercised by any employee or agent of the accredited interlock service provider authorised to do so by the accredited interlock service provider.(4) Transport for NSW may, by order in writing, accredit a person referred to in subsection (1) as an accredited interlock service provider.(5) Transport for NSW is not liable in civil proceedings (whether for negligence or otherwise) for anything done or omitted to be done by an accredited interlock service provider or an employee or agent of such a provider in exercising (or purportedly exercising) any function under this Act or the statutory rules. In particular, Transport for NSW is not vicariously liable for any such act or omission.s 46: Am 2014 No 42, Sch 1 [12] [13].
47 Statutory rules concerning installation, maintenance and use of interlock devices
(cf DL Act, s 21C)
(1) Without limiting Chapter 2, the statutory rules may make provision for or with respect to the installation, removal and maintenance of interlock devices on motor vehicles and the use of such devices.(2) Without limiting subsection (1), the statutory rules may—(a) provide for the issue of interlock driver licences that restrict the holders of such licences to driving motor vehicles that are fitted with approved interlock devices by accredited interlock service providers, and(a1) without limiting paragraph (a), make provision with respect to the period during which an interlock driver licence issued to a person who is the holder of a relevant Australian driver licence of another jurisdiction that is subject to a requirement under a law of that jurisdiction allowing the person to drive only a motor vehicle fitted with an interlock device (however described) is to be subject to interlock conditions, and(b) require (or authorise Transport for NSW to require) applicants for interlock driver licences to submit to medical consultations before such applicants can be issued with such licences or at any time during which such licences are in force, and(c) prescribe additional conditions (or authorise Transport for NSW to impose conditions) that holders of interlock driver licences must observe, including (but not limited to) the following—(i) conditions relating to the maximum concentration of alcohol that may be present in the breath or blood of holders of such licences when they drive motor vehicles,(ii) conditions relating to the installation, maintenance and removal of interlock devices (including the payment of costs relating to such installation, maintenance or removal),(iii) conditions relating to the inspection of interlock devices (or motor vehicles fitted with such devices) and the provision of information relating to such inspections to Transport for NSW,(iv) conditions relating to the provision of any data or other information collected by an interlock device (including the payment of any costs relating to the provision of such data or other information),(v) any other conditions relating to the use of interlock devices, and(d) provide for certain motor vehicles (or classes of motor vehicles) not to be driven by holders of interlock driver licences, and(e) provide for Transport for NSW to inspect motor vehicles fitted with interlock devices (or require such motor vehicles to be inspected by other persons), and(f), (g) (Repealed)(h) authorise a police officer—(i) to stop and inspect motor vehicles that the officer reasonably suspects may be fitted with an interlock device, and(ii) to seize any such motor vehicles or devices where the device is fitted to a motor vehicle driven by the holder of an interlock driver licence and the officer reasonably suspects that the device has been used in contravention of this Act or the statutory rules, and(i) provide for offences relating to the following—(i) the use of approved interlock devices, or the use of devices that are not approved interlock devices, by holders of interlock driver licences,(ii) tampering or other interference with approved interlock devices fitted to motor vehicles driven (or to be driven) by holders of interlock driver licences, or with breath samples provided for such devices,(iii) the installation, maintenance or removal of interlock devices that are used (or may be used) by holders of interlock driver licences,(iv) the provision of data or information concerning interlock devices that are used (or may be used) by holders of interlock driver licences,(v) any other acts or omissions that may assist the holder of an interlock driver licence in contravening any conditions of the licence or committing an offence against this Act or the statutory rules.s 47: Am 2014 No 42, Sch 1 [14]–[17].
48 Financial assistance for use of approved interlock devices
(cf DL Act, s 21D)
(1) Transport for NSW must establish a scheme under which persons seeking to gain the use of, or who are using, approved interlock devices may obtain financial assistance with respect to the cost of interlock services.(2) Transport for NSW may approve the provision of financial assistance under this section subject to any means tests and conditions as may be determined by Transport for NSW from time to time.(3) If it is a condition of the provision of any financial assistance provided under this section that all or part of it be repaid in specified circumstances, the amount of financial assistance that becomes repayable on the occurrence of those circumstances is a debt due to the Crown recoverable in a court of competent jurisdiction.(4) For the purposes of subsection (3), a certificate issued by Transport for NSW that certifies that it was a condition of the provision of financial assistance that all or part of it be repaid in specified circumstances is prima facie evidence that the assistance was provided on that condition.(5) Financial assistance is to be paid from the TfNSW Fund established by section 77 of the Transport Administration Act 1988.s 48: Am 2014 No 43, Sch 1 [18] [19]; 2020 No 30, Sch 4.85[5].
Part 3.4 Offences concerning driver licensing
Division 1 Unlawfully obtaining or using licences
49 Obtaining driver licence by false statements
(cf DL Act, s 22)
(1) A person must not—(a) by a false statement or any misrepresentation or other dishonest means, obtain or attempt to obtain a driver licence or the renewal of a driver licence, or(b) without lawful authority or excuse, possess a driver licence obtained or renewed using those means.Maximum penalty—20 penalty units.(2) A driver licence so obtained or renewed is void, and Transport for NSW may alter the NSW driver licence register accordingly.(3) Subsection (1) does not apply to a driver licence receipt issued by another jurisdiction.
50 Unlawful possession of driver licence
(cf DL Act, s 23(1))
A person must not, without lawful authority or excuse, have in the person’s possession—(a) an Australian driver licence, or(b) any article resembling an Australian driver licence and calculated to deceive.Maximum penalty—20 penalty units.
51 Unlawful alteration or use of licence
(cf DL Act, s 23(2)–(4))
(1) A person must not alter a driver licence in a way that is calculated to deceive.Maximum penalty—20 penalty units.(2) A person must not produce a driver licence that has been altered in a manner that is calculated to deceive.Maximum penalty—20 penalty units.(3) A person must not—(a) forge a driver licence, or(b) fraudulently alter or use a driver licence, or(c) fraudulently lend, or allow another person to use, a driver licence.Maximum penalty—20 penalty units.
52 Seizure of driver licences
(cf DL Act, s 24)
(1) A police officer, or a person authorised in writing by Transport for NSW (an ), may, with no authority other than this section, seize an Australian driver licence or any article resembling an Australian driver licence if—(a) the licence or article is produced to the police officer or authorised person by another person who represents it to be the person’s driver licence, and(b) the police officer or authorised person reasonably suspects that the licence or article—(i) has been obtained in contravention of section 49 or a former corresponding provision, or(ii) is unlawfully in the possession of the person who produced it.(2) A person who produces any licence or article as referred to in subsection (1)(a) must, at the request of the police officer or authorised person to whom it was produced (and on being supplied with adequate materials), provide a specimen of the person’s signature.Maximum penalty—20 penalty units.(3) The grounds on which a reasonable suspicion, sufficient to authorise a seizure under this section, may be formed include (but are not limited to) any one or more of the following—(a) a lack of resemblance between the person depicted in a photograph affixed to the Australian driver licence or article, purporting to be a photograph of the holder, and the person who produced the Australian driver licence or article,(b) a lack of resemblance between a signature inscribed on the Australian driver licence or article, purporting to be the signature of the holder, and a specimen signature provided by the person who produced the Australian driver licence or article,(c) a refusal by the person, after producing the Australian driver licence or article, to comply with a request under subsection (2).(4) An Australian driver licence or article seized under this section must be forwarded to Transport for NSW. Transport for NSW may—(a) return the Australian driver licence to the person who produced it, if it is satisfied that the driver licence was lawfully in the possession of the person who produced it, or(b) in any other case, deal with it in such manner as it thinks fit.(5) The holder of a genuine and valid Australian driver licence seized under this section does not commit any offence merely because the holder is not in possession of the licence at any time after the seizure and before the licence is returned.(6) The authority conferred by this section to seize an Australian driver licence or any article resembling an Australian driver licence does not extend to a mobile phone or other electronic device on which a digital driver licence is displayed. This subsection does not limit any authority to seize a mobile phone or other electronic device conferred by any other law.s 52: Am 2018 No 21, Sch 1[3].
Division 2 Driving without appropriate licence
53 Driver must be licensed
(cf DL Act, s 25(1)–(4) and (6)–(8))
(1) A person must not, unless exempted by the statutory rules—(a) drive a motor vehicle on any road without being licensed for that purpose, or(b) employ or permit any person not so licensed to drive a motor vehicle on any road.Maximum penalty—20 penalty units.(2) Subsection (1) does not apply to or in respect of a light rail vehicle.(3) A person who has never been licensed must not, unless exempted by the statutory rules, drive a motor vehicle on any road without being licensed for that purpose.Maximum penalty—20 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for 6 months or both (in the case of a second or subsequent offence).(4) (Repealed)(5) For the purposes of subsection (3), a person has never been licensed in connection with an offence if the person has not held a driver licence (or equivalent) of any kind in Australia for the period of at least 5 years immediately before the commission of the offence.(6) A person who has never been licensed cannot be convicted under both this section and section 54 in respect of driving on the same occasion. However, nothing in this section prevents the person from being convicted of an offence against section 54 in respect of driving that constitutes an offence against this section.(7) A person cannot be convicted under both subsections (1)(a) and (3) in respect of driving on the same occasion. A person charged with an offence against subsection (3) can be convicted instead of an offence against subsection (1)(a), but a person charged with an offence against subsection (1)(a) cannot be convicted instead of an offence against subsection (3).s 53: Am 2017 No 46, Sch 1 [1] [2].
54 Driving or making licence applications while disqualified or licence suspended or cancelled
(cf DL Act, s 25A(1)–(10))
(1) Driving or making licence application while disqualified A person who is disqualified from holding or obtaining a driver licence must not—(a) drive a motor vehicle on a road during the period of disqualification, or(b) make an application for a driver licence during the period of disqualification and in respect of the application—(i) state the person’s name falsely or incorrectly, or(ii) omit to mention the disqualification.Maximum penalty—30 penalty units or imprisonment for 6 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).(2) Subsection (1) does not apply to a driver of a motor vehicle in relation to a period of disqualification the commencement and completion dates of which have been altered by operation of section 206 unless Transport for NSW has given written notice of the altered dates to the driver before the driver is alleged to have driven the vehicle.Note—Section 276 (and statutory rules made for the purposes of that section) provide for the service and giving of documents to persons under the road transport legislation, which includes this Act.(3) Driving or making licence application while licence suspended (other than for non-payment of fine) A person whose driver licence is suspended (otherwise than under section 66 of the Fines Act 1996) must not—(a) drive on a road a motor vehicle of the class to which the suspended driver licence relates, or(b) make an application for a driver licence during the period of suspension for a motor vehicle of the class to which the suspended driver licence relates and in respect of such an application—(i) state the person’s name falsely or incorrectly, or(ii) omit to mention the suspension.Maximum penalty—30 penalty units or imprisonment for 6 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).(4) Driving or making licence application after licence refusal or cancellation (other than for non-payment of fine) A person whose application for a driver licence is refused or whose driver licence is cancelled (otherwise than under section 66 of the Fines Act 1996) must not—(a) drive on a road a motor vehicle of the class to which the cancelled licence or the refused application related without having subsequently obtained a driver licence for a motor vehicle of that class, or(b) make an application for a driver licence for a motor vehicle of the class to which the cancelled licence or the refused application related and in respect of the application—(i) state the person’s name falsely or incorrectly, or(ii) omit to mention the cancellation or refusal.Maximum penalty—30 penalty units or imprisonment for 6 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).(5) Driving or making licence application after licence cancelled or suspended for non-payment of fine A person whose driver licence is suspended or cancelled under section 66 of the Fines Act 1996 must not—(a) in the case of a suspended driver licence—(i) drive on a road a motor vehicle of the class to which the suspended licence relates, or(ii) make an application for a driver licence during the period of suspension for a motor vehicle of the class to which the suspended driver licence relates and in respect of such an application state the person’s name falsely or incorrectly or omit to mention the suspension, or(b) in the case of a cancelled driver licence—(i) drive on a road a motor vehicle of the class to which the cancelled licence related without having subsequently obtained a driver licence for a motor vehicle of that class, or(ii) make an application for a driver licence for a motor vehicle of the class to which the cancelled licence related and in respect of the application state the person’s name falsely or incorrectly or omit to mention the cancellation.Maximum penalty—30 penalty units (in the case of a first offence) or 50 penalty units or imprisonment for 6 months or both (in the case of a second or subsequent offence).(6) In determining any penalty or period of disqualification to be imposed on a person for an offence against subsection (5), a court must take into account the effect the penalty or period of disqualification will have on the person’s employment and the person’s ability to pay the outstanding fine that caused the person’s driver licence to be suspended or cancelled.(7) No need to state previous licence cancellation or refusal in certain cases For the purposes of subsection (4)(b) or (5)(b)(ii), a person who applies for a driver licence for a class of motor vehicle need not mention a previous cancellation of a driver licence (or refusal of an application for a driver licence) for that class of motor vehicle if the person has obtained a driver licence after any such cancellation or refusal by means of an application that stated the person’s name correctly and mentioned the cancellation or refusal.(8)–(10) (Repealed)(11) Offences extend to disqualifications, suspensions and cancellations by court order or under law Subsections (1), (3) and (4) apply to a person who is disqualified from holding a licence, or whose licence is suspended or cancelled, by a court in Australia or under any law in this jurisdiction or another jurisdiction.(12) Statutory rules may exclude driving of certain motor vehicles Subsections (1), (4)(a) and (5)(b)(i) do not apply to the driving of a motor vehicle in circumstances prescribed by the statutory rules.s 54: Am 2017 No 46, Sch 1 [3]–[5].
Part 3.5 Protection of stored photographs
55 Photographs to which this Part applies
(cf DL Act, s 39)
(1) This Part applies to—(a) photographs taken or provided in relation to applications for the issue or renewal by Transport for NSW of a driver licence (including a driver licence that includes a boat driving licence), and(b) photographs taken or provided for the purpose of applications for the issue or renewal by Transport for NSW of a “proof of age” card, and(c) photographs in the possession of Transport for NSW that were taken or provided for the purpose of applications for the issue or renewal by the Commissioner of Police of the following—(i) a licence or permit under the Firearms Act 1996,(ii) a licence under the Security Industry Act 1997,(iii) a permit under the Weapons Prohibition Act 1998, and(d) photographs in the possession of Transport for NSW that were taken or provided for the purpose of applications for the issue or renewal of an operator licence under the Commercial Agents Act 2004, and(e) photographs in the possession of Transport for NSW that were taken or provided for the purposes of applications for the issue of a licence or permit under the Tattoo Industry Act 2012, and(f) photographs in the possession of Transport for NSW that were taken or provided for the purposes of applications for the issue of a marine safety licence under the Marine Safety Act 1998.(2) This Part does not apply to a photograph provided to Transport for NSW by a person for the sole purpose of establishing the person’s identity.s 55: Am 2014 No 38, Sch 1.3 [2] [3]; 2016 No 40, Sch 3.6; 2020 No 33, Sch 1[13]; 2022 No 10, Sch 2.5[1] [2].
56 Purposes for which photographs may be kept and used
(cf DL Act, s 40)
(1) A photograph to which this Part applies may be kept and used by Transport for NSW only for one or more of the following purposes—(a) to reproduce the likeness of a person on a driver licence (including a driver licence that includes a boat driving licence) or on the following—(i) a licence or permit under the Firearms Act 1996,(ii) a licence under the Security Industry Act 1997,(iii) a permit under the Weapons Prohibition Act 1998,(iv) an operator licence under the Commercial Agents Act 2004,(v) an authority under the Passenger Transport Act 1990,(vi) a licence or permit under the Tattoo Industry Act 2012,(vii) a marine safety licence under the Marine Safety Act 1998,(b) to assist in determining the identity of any person in the course of determining whether or not to issue, replace or renew a driver licence (including a driver licence that includes a boat driving licence),(c) to assist in determining the identity of any person in the course of determining whether or not to register, or renew the registration of, a vehicle under this Act,(d) in connection with the exercise of functions conferred or imposed on Transport for NSW by or under the information-access arrangements under Part 4A of the Licensing and Registration (Uniform Procedures) Act 2002,(e) in connection with an investigation relating to or leading to criminal proceedings against a person under a provision of this Chapter,(f) in connection with an investigation relating to or leading to criminal proceedings against a person under section 69 (for obtaining registration or unregistered vehicle permits by a false statement or any misrepresentation or other dishonest means),(g) for the conduct of criminal proceedings against a person under a provision of this Chapter or section 69,(h) any purpose for which a photograph to which Part 4 (Security arrangements for photographs) of the Photo Card Act 2005 applies may be kept and used by Transport for NSW under that Part,(i) any purpose for which a photograph to which Division 3 (Security and protection of photographs) of Part 4A of the Licensing and Registration (Uniform Procedures) Act 2002 applies may be kept and used by Transport for NSW under that Division,(ia) in accordance with section 271A,(j) for any other purpose prescribed by the statutory rules.(2) A photograph may be used for a purpose set out in this section at the time that the photograph is provided or taken or at any later time.s 56: Am 2014 No 38, Sch 1.3 [4]–[6]; 2016 No 40, Sch 3.6; 2018 No 91, Sch 1 [1]; 2020 No 27, Sch 1[2]; 2022 No 10, Sch 2.5[1] [2].
57 Release of photographs prohibited
(cf DL Act, s 41)
(1) Transport for NSW must ensure that a photograph to which this Part applies is not released except—(a) to the NSW Police Force, or(b) in connection with the exercise of its functions under the Passenger Transport Act 2014, or(ba) to the Point to Point Transport Commissioner for the purpose of enabling the Commissioner to exercise functions under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016, or(c) to a driver licensing authority of another jurisdiction, or(d) for the purpose of the conduct of any criminal proceedings—(i) under this Act or under any provision of any other road transport legislation, or(ii) in relation to an operator licence under the Commercial Agents Act 2004, or(iii) in relation to a licence or permit under the Firearms Act 1996, a licence under the Security Industry Act 1997 or a permit under the Weapons Prohibition Act 1998, or(iv) in relation to a licence or permit under the Tattoo Industry Act 2012, or(e) to the Sheriff, for the purpose of any fine recovery proceedings, or(f) in the exercise of any function conferred or imposed on Transport for NSW by or under the information-access arrangements under Part 4A of the Licensing and Registration (Uniform Procedures) Act 2002, or(g) as provided under any other law, or(h) to the person whose likeness is shown in the photograph or on the database, or(ha) with the consent of the person whose likeness is shown in the photograph or on the database, or(hb) to the Commissioner, within the meaning of the Tattoo Industry Act 2012, for the purpose of enabling the Commissioner to exercise functions in relation to licences or permits under that Act, or(i) as authorised or required under Part 4 (Security arrangements for photographs) of the Photo Card Act 2005 in respect of the release of photographs to which that Part applies, or(j) as authorised or required under Division 3 (Security and protection of photographs) of Part 4A of the Licensing and Registration (Uniform Procedures) Act 2002 in respect of the release of photographs to which that Division applies, or(ja) as provided by section 271A, or(k) in accordance with the statutory rules.(2) Any release authorised by subsection (1)(a)–(e), or authorised by statutory rules made for the purposes of subsection (1)(k), must be in accordance with any protocol approved by the Privacy Commissioner.(3) Despite this section, photographs to which this Part applies must be provided to the Commissioner of Police on request if the request relates to the administration of—(a) the Security Industry Act 1997, or(b) the Tattoo Industry Act 2012.s 57: Am 2016 No 34, Sch 7.6 [1]; 2016 No 40, Sch 3.6; 2018 No 21, Sch 1[4]; 2018 No 91, Sch 1 [2]; 2020 No 27, Sch 1[3]; 2020 No 30, Sch 4.85[6]; 2020 No 33, Sch 1[14]; 2022 No 10, Sch 2.5[1]–[5].
Part 3.6 Other provisions relating to driver licensing
57A Inclusion of boat driving licences on driver licences
(1) The statutory rules may make provision for or with respect to the granting of driver licences under this Act that include boat driving licences (combined licences).(2) The following provisions apply with respect to a combined licence—(a) the combined licence has effect for the purposes of the road transport legislation and marine legislation as both a driver licence and a boat driving licence of the classes or kinds specified on the licence,(b) the holder of a combined licence is not excused from any requirement under legislation to carry, produce, deliver or surrender a driver licence or boat driving licence that is included on a combined licence merely because the combined licence also includes another licence to which the requirement is not directed,(c) the variation, suspension, cancellation, surrender, confiscation or downgrading of one of the licences included on a combined licence does not of itself affect the validity or continued efficacy of the other licence included on the combined licence,(d) a person or body entitled under legislation to confiscate a driver licence or boat driving licence may confiscate a combined licence that includes the licence to which the entitlement relates.(3) Without limiting subsection (1) or any other relevant statutory rule-making provision, the statutory rules may make provision for or with respect to the following matters—(a) the information about boat driving licences to be included on combined licences (for example, licence numbers and codes identifying licence classes and conditions),(b) the making of applications for combined licences,(c) the surrender of driver licences and boat driving licences to be included on combined licences,(d) the issue, replacement, renewal, surrender and confiscation of combined licences,(e) the provision of information concerning any of the licences included on combined licences,(f) the issue or reissue of boat driving licences or driver licences to replace licences included on combined licences,(g) the modification of specified provisions of the marine legislation or road transport legislation in their application to driver licences or boat driving licences that are included on combined licences.(4) In this section—confiscation includes seizure.legislation means an Act or statutory rule made under an Act.marine legislation has the same meaning as in the Marine Safety Act 1998.modification includes addition, exception, omission or substitution.relevant statutory rule-making provision means a provision of this Act or the Marine Safety Act 1998 that confers a power to make statutory rules.s 57A: Ins 2014 No 38, Sch 1.3 [7].
58 Additional matters relating to identity
(cf DL Act, s 32)
(1) Transport for NSW may refuse to issue or renew a driver licence—(a) if the applicant has not attended at a motor registry or another place nominated in or under the statutory rules and there submitted to the taking, by a person approved by Transport for NSW, of a photograph of the applicant that is suitable for use on the driver licence, or(b) if it is, in the opinion of Transport for NSW, impracticable for the applicant to so attend and the applicant has not provided Transport for NSW with a photograph of the applicant considered by Transport for NSW as suitable for use on the driver licence, or(c) if the applicant has not provided, in support of the application, such evidence as is required by the statutory rules or Transport for NSW to establish the identity and home address of the applicant.(2) A person employed or engaged in connection with any aspect of the production of driver licences that feature a photograph of the holder, or otherwise concerned in the administration of this Act or the statutory rules, must not, otherwise than in the administration of this Act or the statutory rules—(a) reproduce, by photographic or other means, the likeness of a person that is depicted, or is to be depicted, on a licence, or(b) cause or permit another person to do so.Maximum penalty (subsection (2)): 20 penalty units.
59 Cancellation or suspension of driver licence for certain speeding offences or alcohol or other drug related driving offences
(cf DL Act, s 33)
(1) A driver licence may be cancelled or suspended by Transport for NSW because of an alleged speeding offence or alleged alcohol or other drug related driving offence, if, in respect of the alleged offence—(a) the holder pays the whole or any part of the penalty specified in a penalty notice issued to the holder in respect of the offence, or(b) the holder has not paid the penalty specified in the penalty notice issued to the holder in respect of the offence and has not elected to have the matter dealt with by a court, and the time for the holder to have the matter so dealt with has lapsed.(2) Transport for NSW may decide to cancel or suspend a driver licence under this section without the holder having been provided an opportunity to show cause why the licence should not be cancelled or suspended.(3) If a person’s driver licence is cancelled by Transport for NSW under this section, Transport for NSW may refuse to issue the person with any further licence for a period determined by Transport for NSW and specified in a notice served on the person by Transport for NSW.(4) If a person’s driver licence is suspended by Transport for NSW under this section, the person’s licence is suspended for such period as may be determined by Transport for NSW and specified in a notice served on the person by Transport for NSW.(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.(4B) In determining the period specified in a notice to be served on a person under subsection (3) or (4), Transport for NSW is required to take into account the period during which the person’s driver licence was suspended under an immediate licence suspension notice given to the person under section 224 for the same offence.(5) Nothing in this section limits any discretion of Transport for NSW to decline to issue a driver licence to a person.(6) In this section—speeding offence means an offence that involves exceeding a speed limit fixed by or under this Act and that is prescribed by the statutory rules for the purposes of this section.s 59: Am 2018 No 54, Sch 1 [6] [7]; 2020 No 33, Sch 1[15].
60 Effect of expiry of driver licence during a suspension period
(cf DL Act, s 33A)
If the driver licence of a person expires during a period of suspension for the licence imposed under this Act—(a) the person cannot apply to Transport for NSW for another driver licence during the unexpired portion of the suspension period, and(b) the person’s driver licence is taken to be suspended during the unexpired portion of the suspension period for the purposes of any offence provision under this Act or any other law in relation to driving a vehicle while a person’s driver licence is suspended.
61 Evidence that person is professional driver
(cf DL Act, s 18A)
(1) Transport for NSW may, for the purpose of determining whether a person is a professional driver, request the person to provide Transport for NSW with information (including in the form of a statutory declaration) as to the primary work of the person.(2) Transport for NSW is entitled to treat a person who has been requested to provide that information as not being a professional driver unless any such requested information is provided to Transport for NSW in accordance with the request.(3) A request for information under this section may be made in connection with an application by the person for the issue or renewal of a driver licence or by written notice to the person.
Part 3.7 Digital driver licences
pt 3.7: Ins 2017 No 25, Sch 5. Subst 2018 No 21, Sch 1[5].
61A Definitions
In this Part—digital driver licence means an electronic document demonstrating that a person has been authorised to drive one or more classes of motor vehicle on a road or road related area that—(a) is displayed on a mobile phone or other electronic device by way of software approved for that purpose by both the Secretary and Transport for NSW, and(b) includes the information required by this Act or the statutory rules to be shown on a driver licence.Secretary means the Secretary of the Department of Finance, Services and Innovation.s 61A: Ins 2017 No 25, Sch 5. Subst 2018 No 21, Sch 1[5]. Am 2020 No 27, Sch 1[4] [5].
61B Application for digital driver licence
(1) The holder of a driver licence may apply to Transport for NSW for the issue of a digital driver licence.(2) An application for a digital driver licence must be made in the manner approved by Transport for NSW.s 61B: Ins 2017 No 25, Sch 5. Subst 2018 No 21, Sch 1[5].
61C Use of digital driver licence
(1) The holder of a digital driver licence may use the digital driver licence by displaying it on a mobile phone or other electronic device in accordance with this section.(2) For the avoidance of doubt, a person who displays a digital driver licence in accordance with this section for the purpose of satisfying a requirement under this Act, or another Act or law, to hold, produce or display, however described, a driver licence to another person is taken to have satisfied that requirement.(3) (Repealed)(4) Despite any other provision of this section, a person who displays or purports to display a digital driver licence is not required to give or hand over, to the person who is requiring the driver licence to be produced or handed over, the mobile phone or other electronic device on which the digital driver licence is displayed or purported to be displayed.(5) A digital driver licence is not displayed for the purposes of this section if—(a) the screen of the mobile phone or other electronic device on which it is purportedly displayed is unable to be read by the person to whom it is displayed due to cracking, dimming, dirt or any other fault, damage or obstruction, or(b) the holder of the digital driver licence fails or refuses to comply with a reasonable request by the person to whom it is purported to be displayed to facilitate the reading, copying or scanning of the whole or any part of the digital driver licence, or(c) the holder of the digital driver licence refuses to comply with a reasonable direction to refresh the display of the digital driver licence.(6) The holder of a digital driver licence does not commit an offence under this or any other Act or law arising from the holder’s use of a mobile phone or other electronic device for the purpose of displaying the holder’s digital driver licence in response to a request to do so by a police officer or other person authorised to require the production of a driver licence.Note 1—Rules 299, 300 and 300–1 of the Road Rules 2014 make provision with respect to the use of mobile phones and other electronic devices by the driver of a motor vehicle.Note 2—The Road Transport (Driver Licensing) Regulation 2017 makes provision with respect to the use of mobile phones by certain licence holders when driving a motor vehicle.s 61C: Ins 2017 No 25, Sch 5. Rep 2018 No 21, sec 3. Ins 2018 No 21, Sch 1[5]. Am 2020 No 27, Sch 1[6].
61D Surrender of digital driver licence
(1) The holder of a digital driver licence must remove the digital driver licence from each mobile phone or other electronic device on which the digital driver licence is capable of being displayed as soon as practicable after the holder is required to surrender or return the holder’s driver licence.(2) A person who fails or refuses to remove the digital driver licence from each mobile phone or other electronic device on which the digital driver licence is capable of being displayed is taken to have failed to comply with the requirement to surrender or return the holder’s driver licence.(3) A person removes a digital driver licence from a mobile phone or other electronic device if the person updates the digital driver licence in accordance with the directions of Transport for NSW.(4) Any requirement under this or any other Act or law to surrender or return a driver licence does not extend to any mobile phone or other electronic device on which a digital driver licence is displayed.s 61D: Ins 2017 No 25, Sch 5. Subst 2018 No 21, Sch 1[5].
61E Release of information for digital driver licences
Despite section 30 and Part 3.5, Transport for NSW may use and release information (including photographs) in the NSW driver licence register if the release of information is for the purpose of—(a) the issue of a digital driver licence, or(b) the use of a digital driver licence, or(c) verifying the authenticity of a digital driver licence.s 61E: Ins 2017 No 25, Sch 5. Subst 2018 No 21, Sch 1[5]. Am 2020 No 27, Sch 1[7].
61F, 61G (Repealed)
s 61F: Ins 2017 No 25, Sch 5. Rep 2018 No 21, Sch 1[5].
s 61G: Ins 2017 No 25, Sch 5. Rep 2018 No 21, Sch 1[5].
Chapter 4 Vehicle registration
Part 4.1 Registration system for vehicles
Division 1 Functions and powers of TfNSW
pt 4.1, div 1, hdg: Am 2020 No 30, Sch 4.85[3].
62 Functions of TfNSW
(cf VR Act, s 7(1))
Transport for NSW has the following functions under this Chapter—(a) to administer the registration system for registrable vehicles established by the statutory rules,(b) to maintain a NSW registrable vehicles register in accordance with this Chapter,(c) to collect registration and permit charges determined or imposed under Schedule 2 or this Chapter and taxes determined under the Motor Vehicles Taxation Act 1988,(d) to provide information about registrable vehicles and registered operators in accordance with the statutory rules,(e) to administer the system for regulating light vehicle standards and inspections established by the statutory rules.s 62: Am 2013 No 71, Sch 2.2 [6]; 2020 No 30, Sch 4.85[4].
63 Powers of TfNSW
(cf VR Act, s 8)
For the purpose of carrying out its functions under this Chapter, Transport for NSW may, in accordance with the statutory rules—(a) register or refuse to register a registrable vehicle, and(b) renew or refuse to renew the registration of a registrable vehicle, and(c) transfer or refuse to transfer the registration of a registrable vehicle from one person to another, and(d) issue a permit or refuse to issue a permit for the use of an unregistered registrable vehicle, and(e) impose conditions on the registration of a registrable vehicle or on a permit to use an unregistered registrable vehicle, and(f) cancel or suspend the registration of a registrable vehicle, and(g) collect registration and permit charges determined or imposed under Schedule 2 or this Chapter and taxes imposed by the Motor Vehicles Taxation Act 1988, and(h) specify a GCM for a motor vehicle in the circumstances envisaged in paragraph (b) of the definition of GCM in section 4(1), and(i) specify a GVM for a motor vehicle or trailer in the circumstances envisaged in paragraph (b) of the definition of GVM in section 4(1), and(j) require proof of compliance with any applicable provisions of the Motor Accident Injuries Act 2017, the Motor Accidents Compensation Act 1999 and the Duties Act 1997, and(k) exercise other powers conferred by the statutory rules in relation to vehicle registration.s 63: Am 2017 No 10, Sch 5.11 [2]; 2020 No 30, Sch 4.85[4].
Division 2 NSW registrable vehicles register
64 Maintenance of NSW registrable vehicles register
(cf VR Act, s 10)
(1) Register to be maintained in accordance with statutory rules Subject to this section, Transport for NSW is to maintain a register of registrable vehicles (the NSW registrable vehicles register) in accordance with the statutory rules.(2) Register does not provide evidence of title The NSW registrable vehicles register does not provide evidence of title to any registrable vehicle.(3) Security of information in register Transport for NSW must ensure that the information in the NSW registrable vehicles register that is of a personal nature or that has commercial sensitivity for the person about whom it is kept is not released except as provided by the statutory rules or under another law.(4) Recording of names of registered operators Transport for NSW may—(a) in the case of a transitional registrable vehicle—continue to record in the NSW registrable vehicles register the names of not more than 2 persons as being responsible for the vehicle, or(b) in the case of any other registrable vehicle—the name of only one person as being responsible for the vehicle.(5) A registrable vehicle is a transitional registrable vehicle if—(a) 2 persons were recorded as being responsible for the vehicle in the Register (within the meaning of the Road Transport (Vehicle Registration) Act 1997) immediately before the commencement of this section, and(b) the vehicle has not ceased to be a transitional registrable vehicle since that time.(6) A registrable vehicle ceases to be a transitional registrable vehicle on the occurrence of any of the following—(a) the transfer of the registration of the vehicle,(b) the cancellation or surrender of the registration of the vehicle,(c) if the registration of the vehicle has expired and the period within which the registration may be renewed has also expired.(7) If more than one person is recorded as a registered operator of a transitional registrable vehicle, a reference in any relevant legislation to the registered operator of a registrable vehicle within the meaning of this Act is taken (subject to any statutory rules made for the purposes of subsection (8)) to include a reference to each registered operator of such a transitional registrable vehicle.(8) The statutory rules may provide for the determination of the respective rights, liabilities and obligations of each registered operator of a transitional registrable vehicle under any relevant legislation.(9) Other information that may be included in register The NSW registrable vehicles register may include information notified to Transport for NSW under this Act and such other information as Transport for NSW considers appropriate.(10) Correction of register Without limiting section 62 or any other provision of this section, Transport for NSW may correct any mistake, error or omission in the NSW registrable vehicles register subject to the requirements (if any) of the statutory rules.(11) Definition In this section—relevant legislation means—(a) a provision of this Act (or a provision of a statutory rule made under this Act), or(b) a provision of any other Act (or a provision of a statutory rule made under any other Act) concerned with the registered operator of a registrable vehicle within the meaning of this Act.
65 TfNSW not to register registrable vehicles based outside this jurisdiction
(cf VR Act, s 9)
Transport for NSW must not register a registrable vehicle unless it is satisfied that the vehicle’s garage address is in this jurisdiction.s 65: Am 2020 No 30, Sch 4.85[4].
Division 3 Devices, plates and documents
66 Special number-plates
(cf VR Act, s 8A)
(1) The statutory rules may make provision for or with respect to the issue by Transport for NSW of number-plates (special number-plates) that have a special design, format or content approved by Transport for NSW, and for or with respect to the use, transfer, replacement and surrender of special number-plates.(2) Transport for NSW is authorised to enter into contractual and other commercial arrangements (special number-plate arrangements) for the provision of marketing and other services to Transport for NSW in connection with the issue of special number-plates.(3) Special number-plate arrangements under this section must include provision to ensure that a party to the arrangements will be subject to the same restrictions on the collection, use or disclosure of information obtained in the course of the operation of the arrangements as apply to Transport for NSW under the Privacy and Personal Information Protection Act 1998.(4) Statutory rules made for the purposes of this section may include provision for or with respect to the following—(a) the issue of special number-plates independently of vehicle registration, as a commercial undertaking conducted by Transport for NSW,(b) providing for Transport for NSW to enter into agreements with persons to whom special number-plates are or are to be issued, to provide for their rights and obligations in connection with the special number-plates issued to them,(c) requiring the payment of fees, charges and consideration for or in connection with the issue, use, transfer, replacement and surrender of special number-plates,(d) providing for the setting of those fees, charges and consideration by the statutory rules, Transport for NSW or a party to special number-plate arrangements or by or under any process provided for by the statutory rules or special number-plate arrangements.(5) The issue of a number-plate extends to arrangements for allocating, setting aside or reserving a number-plate (whether or not involving the delivery of possession of the number-plate and including arrangements under which Transport for NSW retains possession of a number-plate after its issue).
67 Ownership of devices, plates or documents
(cf VR Act, s 13)
(1) Any devices, plates or documents issued by Transport for NSW for the purpose of authorising the use of a registrable vehicle remain the property of Transport for NSW.(2) Without limiting subsection (1), any special number-plate issued by Transport for NSW (whether or not for the purpose of authorising the use of a registrable vehicle) remains the property of Transport for NSW.
67A Transfer of ownership of heavy vehicle number-plates to authority of another jurisdiction
Despite section 67, a heavy vehicle number-plate issued by Transport for NSW in connection with the registration of a heavy vehicle becomes, on the subsequent registration of that heavy vehicle by an authority of another jurisdiction under a corresponding law, the property of that authority.s 67A: Ins 2018 No 23, Sch 1.4 [2]. Subst 2019 No 1, Sch 1.16 [1].
Part 4.2 Offences concerning vehicle registration
Division 1 General offences
68 Prohibition on using unregistered registrable vehicles
(cf VR Act, s 18)
(1) A person must not use an unregistered registrable vehicle on a road.Maximum penalty—20 penalty units.(2) Subsection (1) does not apply to the use of a registrable vehicle on a road if—(a) the vehicle belongs to a class of vehicle prescribed by the statutory rules referred to in section 21 as a vehicle to which this Act or Chapter does not apply, or(b) the use is otherwise permitted by this Act or under the statutory rules.(3) Subsection (1) does not apply to a registrable vehicle that was left standing on a road—(a) within the period of 15 days after the date on which that vehicle ceased to be registered or to be exempted from being registered, or(b) with the consent of the responsible person for the road.(4) If Transport for NSW cancels the registration of a vehicle under section 84 or 104C, subsection (1) does not apply in relation to the vehicle until the day on which the registered operator of the vehicle is given notice by Transport for NSW of the cancellation.(5) In this section—registrable vehicle includes—(a) an incomplete or partially constructed vehicle, and(b) the remains of a vehicle.responsible person for a road on which a vehicle was left standing means—(a) if the care, control and management of the road was then vested in a person other than the owner of the road—the person in whom the care, control and management of the road was vested, or(b) in any other case—the owner of the road.s 68: Am 2021 No 22, Sch 5.12[2].
69 False statements
(1) A person must not fraudulently attempt to—(a) register, or renew the registration of, a registrable vehicle, or(b) obtain, or renew, an unregistered vehicle permit for a registrable vehicle, or(c) obtain an exemption from, a concession on, or a reduction of a registration charge, fee or tax under the road transport legislation.(2) A person must not, without lawful authority, possess a device, plate or document obtained fraudulently.(3) Transport for NSW may—(a) decide a device, plate or document obtained fraudulently is void, and(b) make consequential amendments to the NSW registrable vehicles register.Maximum penalty for subsections (1) and (2)—(a) for an individual—20 penalty units, and(b) for a corporation—100 penalty units.s 69: Subst 2021 No 22, Sch 1[2].
70 Obligations of registered operators
(cf VR Act, s 21)
(1) This Act and the statutory rules do not affect the obligations of a registered operator of a registrable vehicle to comply with any applicable provisions of the Motor Accident Injuries Act 2017, the Motor Accidents Compensation Act 1999 and the Duties Act 1997.(2) A registered operator of a registrable vehicle must, in accordance with the statutory rules—(a) ensure that any devices, plates and documents issued by Transport for NSW are installed or displayed on the vehicle, and(b) while operating the vehicle, carry or cause the driver to carry, documents prescribed by the statutory rules, and(c) when required to do so by Transport for NSW, produce documents prescribed by the statutory rules, and(d) comply with any directions given by, and conditions imposed by, Transport for NSW about the registration of the vehicle, and(e) keep records required to be kept by the statutory rules about the registration of the vehicle.Maximum penalty—20 penalty units.(3) Without limiting section 181, a person is not liable to be convicted of an offence against subsection (2) and an offence against the statutory rules arising out of a single incident.s 70: Am 2017 No 10, Sch 5.11 [3].
71 Offences relating to identification numbers of engines and other vehicle parts
(cf VR Act, s 21A)
A person must not—(a) if the person is not the manufacturer—stamp or affix or cause or permit any person to stamp or affix any identification number on or to the engine, engine block or any other part prescribed by the statutory rules of a motor vehicle or trailer without the written authority of Transport for NSW and except as prescribed by the statutory rules, or(b) except as required or permitted by or under this Act—alter, deface, remove or obliterate any identification number stamped on or otherwise affixed to the engine, engine block or any other part prescribed by the statutory rules of a motor vehicle or trailer, or(c) without lawful authority or excuse, have in the person’s possession any engine, engine block, or other part of a motor vehicle or trailer prescribed by the statutory rules, knowing that the identification number stamped on or otherwise affixed to it has been altered, defaced, removed or obliterated otherwise than as required or permitted by or under this Act.Maximum penalty—20 penalty units or imprisonment for 6 months, or both.
Division 2 Offences involving interstate number-plates and vehicles
72 Definitions
(cf VR Act, ss 22(1) and 22A(1))
In this Division—interstate number-plate means a number-plate issued under any law in force in another jurisdiction that is a State or Territory.interstate registered vehicle means a registrable vehicle that is registered in another jurisdiction that is a State or Territory.licensed motor dealer means the holder of a motor dealer’s licence within the meaning of the Motor Dealers and Repairers Act 2013.s 72: Am 2013 No 107, Sch 3.10 [1].
73 Affixing of interstate number-plates on registrable vehicles in this jurisdiction
(cf VR Act, s 22(2)–(5))
(1) A licensed motor dealer must not, without the approval of Transport for NSW, cause, permit or allow an interstate number-plate to be affixed to a registrable vehicle in this jurisdiction.Maximum penalty—100 penalty units.(2) A licensed motor dealer is not guilty of an offence against subsection (1) if the dealer proves to the court’s satisfaction that—(a) the dealer had a reasonable excuse for contravening that subsection, and(b) the contravention was not intended to avoid the requirements relating to the registration of registrable vehicles under this Act.(3) If a licensed motor dealer causes, permits or allows an interstate number-plate to be affixed to a registrable vehicle in this jurisdiction, the dealer must—(a) cause a record to be made in accordance with subsection (4), and(b) keep the record for a period of at least 5 years, and(c) produce the record to Transport for NSW or a police officer if requested to do so.Maximum penalty—100 penalty units.(4) A record under subsection (3) must—(a) identify the interstate number-plate and the registrable vehicle to which it was affixed, and(b) identify the date on which, and the place where, the interstate number-plate was affixed, and(c) be in the form approved by Transport for NSW.
74 Operating interstate registered vehicles in this jurisdiction
(cf VR Act, s 22A(2)–(4))
(1) A corporation must not cause, permit or allow an interstate registered vehicle owned by the corporation to be used on a road in this jurisdiction.Maximum penalty—100 penalty units.(2) A corporation is not guilty of an offence against subsection (1) if the corporation proves to the court’s satisfaction—(a) that the interstate registered vehicle had, at the date of the offence, been owned by the corporation for less than 90 days, or(b) that, during the period of 90 days immediately before the date of the offence, the interstate registered vehicle was outside this jurisdiction for a continuous period of at least 48 hours, or(c) if the corporation—(i) conducts a business that includes the leasing or hiring out of registrable vehicles, andthat the vehicle was leased or hired out to the same person for the whole of the period of 90 days immediately before the date of the offence.(ii) is unable to satisfy the court that paragraph (b) applies in relation to the interstate registered vehicle,(3) A reference in this section to an interstate registered vehicle owned by a corporation includes a reference to an interstate registered vehicle that is under the control or management of the corporation.
75 Direction to provide documents concerning use of interstate registered vehicles
(cf VR Act, s 22B)
(1) If Transport for NSW or a police officer is of the opinion that an interstate registered vehicle is being used for any business or commercial purposes in this jurisdiction, Transport for NSW or the officer may, for the purposes of ascertaining whether section 74(1) has been or is being contravened, direct a person to provide Transport for NSW or the officer with such documents relating to the use of the vehicle as are in the control or possession of the person.(2) A person must not fail to comply with a direction under subsection (1).Maximum penalty—100 penalty units (in the case of a corporation) or 20 penalty units (in any other case).(3) A direction under subsection (1)—(a) must be in writing, and(b) must specify the time and manner for complying with the direction, and(c) may relate to a particular class of documents that are in the control or possession of the person to whom the direction is given.s 75: Am 2020 No 30, Sch 4.85[7].
Part 4.3 Defective vehicles
76 Defective registrable vehicles
(cf VR Act, s 26)
(1) A police officer, or Transport for NSW, may inspect a registrable vehicle (whether or not on a road) for the purpose of deciding its identity, condition or the status (whether in this jurisdiction or another jurisdiction) of any registration or permit relating to the vehicle.(2) A registered operator or owner of, or any person in charge of or having the custody of or selling or having in possession for sale or otherwise of the registrable vehicle must afford the police officer or Transport for NSW all reasonable facilities for making such an inspection.Maximum penalty—20 penalty units.(3) Without limiting subsection (1), for the purposes mentioned in that subsection and in connection with any inspection, a police officer or Transport for NSW may—(a) enter in or on the vehicle on a road, or(b) enter in or on any premises ordinarily used for the sale of registrable vehicles and in or on such a vehicle on those premises, or(c) enter in or on any other premises if the officer or Transport for NSW has reasonable cause to believe a registrable vehicle is for sale, held in possession for sale or in a damaged condition as a result of an accident, and may enter in or on any such vehicle on those premises.(4) A police officer, or Transport for NSW, may, in accordance with the statutory rules, on discovering a defective registrable vehicle—(a) issue a warning or a defect notice, or(b) impose conditions on the use of the vehicle, or(c) prohibit the use of the vehicle.(5) A defect notice may be withdrawn or cleared in accordance with the statutory rules.(6) After inspecting a registrable vehicle, a police officer, or Transport for NSW, may seize any device, plate or document in or on the vehicle if it is suspected on reasonable grounds that the device, plate or document is being used in committing an offence against this Act or the statutory rules.(7) In this section—inspect, in relation to a registrable vehicle, includes observe the vehicle’s performance, with or without the use of instrumentation.
77 Using registrable vehicles contrary to conditions or prohibitions under section 76
(cf VR Act, s 20)
A person must not use a registrable vehicle contrary to conditions or a prohibition imposed under section 76.Maximum penalty—20 penalty units.
78 Use of dangerously defective motor vehicles
(cf VR Act, s 27B)
(1) A person must not—(a) use a heavy motor vehicle that is dangerously defective on a road, or(b) cause or permit a heavy motor vehicle that is dangerously defective to be used on a road.Maximum penalty—20 penalty units.(2) Subsection (1) does not apply to or in respect of—(a) the use of a dangerously defective heavy motor vehicle if the motor vehicle is at, or in the vicinity of, the scene of an accident and its condition is the result of damage caused by the accident, or(b) the use by a person of a dangerously defective heavy motor vehicle if the person is aware of the condition of the motor vehicle and has taken, or is taking, all such action as is reasonable in the circumstances to have the motor vehicle repaired or removed from a road, or(c) the use by a person of a dangerously defective heavy motor vehicle that is being inspected or tested under subsection (3), or(d) the use of a dangerously defective heavy motor vehicle in any other circumstances prescribed by the statutory rules.(3) For the purpose of ascertaining whether a heavy motor vehicle that is being used on a road is dangerously defective, any police officer or Transport for NSW may cause the motor vehicle to be inspected and tested.(4) Without limiting any other function, any police officer or Transport for NSW may, for the purposes of this section, do any one or more of the following—(a) request or signal the driver of a heavy motor vehicle to stop the motor vehicle,(b) request the driver of a heavy motor vehicle—(i) to produce for inspection the driver licence to drive the motor vehicle, and(ii) to state the driver’s name and address,(c) request the driver of a heavy motor vehicle to furnish the officer or Transport for NSW with such information as the officer or Transport for NSW may reasonably require,(d) request the driver of a heavy motor vehicle to do such other things as the officer or Transport for NSW may reasonably require for the purpose of facilitating the inspection and testing of the motor vehicle.(5) If a heavy motor vehicle has been stopped in compliance with a request or signal made or given under subsection (4)(a), any inspection or testing of the motor vehicle under subsection (3) is to be carried out—(a) at, or as near as practicable to, the place where the request or signal was so made or given, and(b) as soon as practicable, and in any case within one hour, after the motor vehicle was so stopped.(6) A person must not—(a) hinder or obstruct a police officer or Transport for NSW in the exercise of the officer’s or TfNSW’s functions under this section, or(b) fail to comply with any request or signal made or given by a police officer or Transport for NSW under this section.Maximum penalty—20 penalty units.(7) For the purposes of this section, a heavy motor vehicle is dangerously defective if it is in such a condition that if a person drives or attempts to drive the motor vehicle it is likely that the person will lose control of the motor vehicle.(8) In this section—heavy motor vehicle means a motor vehicle that has a GVM of more than 12 tonnes.s 78: Am 2020 No 30, Sch 4.85[8].
Part 4.4 Powers in relation to registrable vehicles
79 Power to seize unregistered vehicles
(cf VR Act, s 27)
(1) A police officer may seize any unregistered registrable vehicle (other than a registrable vehicle exempted from registration under this Act) that is being used on a road.(2) If any such registrable vehicle has been seized, the Local Court may, on the application of a police officer, make an order declaring the vehicle to be forfeited to the Crown.(3) If such an application is made, the following provisions have effect—(a) notice of the application is to be given to the person who had the custody of the vehicle at the time of the seizure if the person can be found and to such other persons (if any) as the Local Court may direct,(b) no order of forfeiture may be made if the owner of the vehicle satisfies the Local Court that there has been no intent to evade registration of the vehicle.(4) A responsible person for a vehicle who is aggrieved by an order of the Local Court made under this section in relation to the vehicle may appeal against the order to the District Court under Part 3 of the Crimes (Appeal and Review) Act 2001 as if that order were a sentence arising from a court attendance notice dealt with under Part 2 of Chapter 4 of the Criminal Procedure Act 1986.(5) Transport for NSW may waive the forfeiture of a vehicle on payment within such period as Transport for NSW may allow of a fine equivalent to the sum obtained by adding together—(a) the fee for the registration or renewal of the registration of the vehicle for each applicable registration period in any part of which the vehicle was used while unregistered, andtogether with a further fine of 20 percent of that sum.(b) the motor vehicle tax imposed under the Motor Vehicles Taxation Act 1988 or the registration charges or administration fees imposed under Schedule 2 which would be due on the application for that registration or renewal,(6) If any such fine is not paid within the period so allowed, Transport for NSW may dispose of the vehicle in the manner prescribed by the statutory rules.(7) If a vehicle is sold under subsection (6), Transport for NSW is to apply the proceeds of the sale as prescribed by the statutory rules.
80 Power of entry to inspect damaged vehicles
(cf VR Act, s 27A)
(1) Transport for NSW may, at any time—(a) enter any premises on which the business of carrying out repairs to registrable vehicles damaged as a result of accidents is ordinarily carried on, and(b) inspect any registrable vehicle or part of a registrable vehicle that is found by Transport for NSW in or on those premises for the purpose of ascertaining whether or not the vehicle complies with the vehicle standards that apply to it.(2) A person must not wilfully delay or obstruct Transport for NSW in the exercise of TfNSW’s powers under this section.Maximum penalty—20 penalty units.s 80: Am 2020 No 30, Sch 4.85[9].
81 Seizure of number-plate
(cf VR Act, s 27C)
A police officer or person authorised by Transport for NSW may seize any number-plate—(a) that is attached to—(i) a registrable vehicle the registration of which has expired not less than 15 days before the date on which the number-plate is seized, or(ii) a registrable vehicle the registration of which has been cancelled, or(b) that has been used in contravention of a provision of the statutory rules that is prescribed by the statutory rules.
Part 4.5 Written-off light vehicles
pt 4.5 (except s 83 (3) (e)): Am 2017 No 61, Sch 1.3 [2] (“NSW written-off vehicles register”, “written-off vehicle”, “written-off vehicles” (except where occurring in the expression “NSW written-off vehicles register”), “notifiable vehicle”, “notifiable vehicles”, “vehicle damage assessment”, “certificate of compliance” and “certificates of compliance” omitted wherever occurring, “NSW written-off light vehicles register”, “written-off light vehicle”, “written-off light vehicles”, “notifiable light vehicle”, “notifiable light vehicles”, “light vehicle damage assessment”, “light vehicle certificate of compliance” and “light vehicle certificates of compliance” inserted instead, respectively).
Division 1 Preliminary
82 Definitions
(cf VR Act, s 16A)
In this Part—means an authorisation to repair a written-off light vehicle issued by Transport for NSW under this Part.inspected written-off light vehicle has the meaning given by section 83(1).insurer means a person who carries on the business of insuring vehicles, and includes any other person declared to be an insurer by the statutory rules.light vehicle certificate of compliance means a light vehicle certificate of compliance issued by a licensed repairer under this Part.notifiable light vehicle—see section 88.self-insurer means any person who, in the course of a business, is the registered operator for 5 or more notifiable light vehicles (or any other number of notifiable light vehicles that may be prescribed by the statutory rules) in respect of each of which there is no insurance policy with an insurer covering loss or damage.statutory write-off assessment criteria, in relation to damage to a light vehicle, means damage of a type, or damage caused in circumstances, prescribed by the statutory rules.statutory written-off light vehicle has the meaning given by section 83(1).total loss—see section 89.vehicle identifier, in relation to a light vehicle, means—(a) in the case of a light vehicle manufactured before 1 January 1989—the number quoted on the identification plate, or as stated on the RAV for the vehicle, that uniquely identifies the vehicle and sets it apart from similar vehicles and that corresponds to the identification number of the vehicle that is permanently recorded elsewhere on the vehicle, or(b) in any other case—the unique vehicle identification number (or “VIN”) allocated to the vehicle in accordance with the International Standards Organisation’s vehicle identification system required under an Australian Design Rule adopted by the statutory rules.s 82: Am 2013 No 107, Sch 3.10 [2] [3]; 2017 No 61, Sch 1.3 [3] [4]; 2019 No 14, Sch 1.20[1]; 2019 No 21, Sch 2.1[1]; 2022 No 59, Sch 1.33[3].
Division 2 Restrictions on registration of certain written-off light vehicles
83 NSW written-off light vehicles register
(cf VR Act, s 16B)
(1) Transport for NSW is to maintain a register of written-off light vehicles (the NSW written-off light vehicles register) that records information about light vehicles that Transport for NSW has reason to believe—(a) are written-off light vehicles (statutory written-off light vehicles), or(b) were previously written-off light vehicles but which have since been repaired and then registered (inspected written-off light vehicles).(2) The register is to contain such information as Transport for NSW thinks appropriate.(3) In this section written-off light vehicle includes any light vehicle—(a) that has been assessed to be a total loss by a person in accordance with Division 3, or(b) that has been disposed of to a motor vehicle recycler by a self-insurer, or(c) that has been demolished or dismantled by a motor vehicle recycler, or(d) that is in the control of a motor vehicle recycler and is intended to be demolished or dismantled, or(e) that was recorded on the register of written-off vehicles on the day on which Part 2AA of the Road Transport (Vehicle Registration) Act 1997 commenced, or(f) that is prescribed by the statutory rules.s 83: Am 2013 No 107, Sch 3.10 [4]; 2017 No 61, Sch 1.3 [5] [6]; 2019 No 14, Sch 1.20[2].
84 Registration of written-off light vehicles
(cf VR Act, s 16C)
(1) Transport for NSW must not register, renew or transfer the registration of any light vehicle (or if the vehicle is registered, Transport for NSW must cancel the registration of the vehicle) if its vehicle identifier is the same as the vehicle identifier of a statutory written-off light vehicle or an interstate written-off light vehicle.(2) However, subsection (1) does not apply if the vehicle is the subject of an authorisation to repair and—(a) the application for registration is accompanied by a light vehicle certificate of compliance in relation to the vehicle, or(b) Transport for NSW is satisfied that the vehicle is of a class exempt by the statutory rules from the obligation to be the subject of a light vehicle certificate of compliance.(3) If Transport for NSW cancels the registration of a light vehicle under this section, Transport for NSW must immediately notify the registered operator of the vehicle of the cancellation.(4) Despite section 2.8 of the Motor Accident Injuries Act 2017 and section 14(3) of the Motor Accidents Compensation Act 1999, a third-party policy (within the meaning of those Acts) is not cancelled immediately upon cancellation of registration of a light vehicle under this section and continues to have effect until the day on which the registered operator of the vehicle is given notice of the cancellation of registration.(5) Transport for NSW must not register, renew or transfer the registration of a light vehicle if to do so would breach a condition imposed by Transport for NSW on an authorisation to repair.(6) In this section—interstate written-off light vehicle means a light vehicle recorded on a register of written-off vehicles (however described) of another jurisdiction as—(a) a statutory written-off light vehicle or similar (being a light vehicle that is not permitted to be registered in that jurisdiction by the vehicle registration authority of that jurisdiction), or(b) a repairable written-off light vehicle or similar (being a light vehicle that may in certain circumstances be registered in that jurisdiction), but only if that vehicle has not been registered in Australia since being so recorded.s 84: Am 2017 No 10, Sch 5.11 [4]; 2017 No 61, Sch 1.3 [4] [6] [7].
85 TfNSW must refuse certain applications for authorisations
(cf VR Act, s 16D)
(1) Transport for NSW must refuse an application for the issue of an authorisation to repair a written-off light vehicle if Transport for NSW reasonably believes any one or more of the following—(a) that the vehicle has suffered damage of a type specified in the statutory write-off assessment criteria,(b) that the vehicle is prescribed by the statutory rules as a non-eligible vehicle,(c) that the applicant is prescribed by the statutory rules as a non-eligible person.(2) This section does not limit the circumstances in which Transport for NSW may refuse the issue of an authorisation to repair.s 85: Am 2019 No 21, Sch 2.1[2]; 2020 No 30, Sch 4.85[4].
86 Applications for authorisations
(cf VR Act, s 16E)
(1) An eligible person may apply to Transport for NSW for the issue of an authorisation to repair a light vehicle.(2) An application for the issue of an authorisation—(a) must be in a form approved by Transport for NSW, and(b) must be accompanied by a record of an assessment made in accordance with Division 3 that the vehicle has not suffered damage of a type specified in the statutory write-off assessment criteria, and(c) must be accompanied by any fee fixed for that purpose by Transport for NSW under section 271.(3) Transport for NSW may require an applicant to submit such other information as Transport for NSW thinks fit.(4) In determining an application, Transport for NSW must take into consideration any factors prescribed by the statutory rules.(5) Transport for NSW may refuse the application or may issue an authorisation to repair the vehicle unconditionally or subject to any of the following conditions—(a) a condition that the vehicle cannot be registered in the name of a person other than the applicant for a specified period or for an indefinite period,(b) any condition of a class prescribed by the statutory rules.(6) If the vehicle is of a class of vehicles exempt by the statutory rules from the obligation to be the subject of a light vehicle certificate of compliance, the authorisation to repair must state that fact.s 86: Am 2017 No 61, Sch 1.3 [4]; 2019 No 21, Sch 2.1[3].
Division 3 Assessment of damaged light vehicles
pt 4.5, div 3, hdg: Am 2017 No 61, Sch 1.3 [8].
87 Definitions
(cf VR Act, s 16F)
In this Division—assessor means an insurer, self-insurer, motor vehicle recycler, motor dealer or other person prescribed by the statutory rules.total loss assessment means an assessment made by or on behalf of, and in the course of business of, an assessor as to whether or not a notifiable light vehicle (anywhere in Australia) is a total loss.s 87: Am 2013 No 107, Sch 3.10 [5]; 2019 No 21, Sch 2.1[4].
88 Notifiable light vehicles
(cf VR Act, s 16G)
(1) For the purposes of this Part, a light vehicle is a notifiable light vehicle if the vehicle—(a) complies (or complied at the time of manufacture) with the requirements of all Australian Design Rules adopted by the statutory rules applying to it, and(b) is not more than 15 years old (age being determined from the date of manufacture) or, if the statutory rules prescribe a different age, not more than the age so prescribed, and(c) is located anywhere in Australia but is linked to this jurisdiction because—(i) it is registered in this jurisdiction, or(ii) it was last registered in this jurisdiction, or(iii) it has never been registered in Australia, but one or more of the incidents that caused the vehicle to be assessed as a total loss occurred in this jurisdiction.(d) (Repealed)(2) For the purposes of this Part, a light vehicle is also a notifiable light vehicle if it is a light vehicle prescribed by the statutory rules.s 88: Am 2017 No 61, Sch 1.3 [4] [9] [10].
89 Light vehicles that are a total loss
(cf VR Act, s 16H)
(1) For the purposes of this Part, a light vehicle is a total loss if it has been damaged, dismantled or demolished to the extent that its salvage value as a written-off light vehicle plus the cost of repairing the vehicle for use on a road would be more than—(a) the market value of the vehicle immediately before the damage, dismantling or demolition, or(b) if the vehicle is insured for a specified amount (known as the sum insured), that specified amount.(2) The statutory rules may—(a) prescribe other cases as cases in which a light vehicle is a total loss for the purposes of this Part, and(b) prescribe exceptions to this section.(3) In this section—market value of a light vehicle means the price that the vehicle would bring at open market, as determined (having regard to local market prices and the age and condition of the vehicle) by the person who assesses whether or not the vehicle is a total loss.salvage value of a light vehicle means the value of the vehicle if sold for scrap or parts, or in a damaged state, as determined by the person who assesses whether or not the vehicle is a total loss.s 89: Am 2017 No 61, Sch 1.3 [4] [11].
90 Assessments as to whether a light vehicle is a total loss
(cf VR Act, s 16I)
(1) An assessor must ensure that each total loss assessment made by or on behalf of the assessor is made by a person who—(a) has the training, qualification or experience prescribed by the statutory rules for the purposes of this section, or(b) acts on the advice of a person who has such training, qualifications or experience.Maximum penalty—20 penalty units.(2) Transport for NSW may, by notice in writing, exempt a person from subsection (1), before the relevant assessment is carried out. Such an exemption has effect only for the time specified in the exemption and if any conditions to which it is subject are complied with.s 90: Am 2017 No 61, Sch 1.3 [4]; 2019 No 21, Sch 2.1[5].
91 Factors relevant to assessments
(cf VR Act, s 16J)
An assessor must ensure that each total loss assessment made by or on behalf of the assessor—(a) if the light vehicle is determined to be a total loss—includes an assessment of whether the vehicle has suffered damage of a type specified in the statutory write-off assessment criteria, and(b) bases any calculation of the cost of repair of the vehicle (for the purposes of assessing whether the vehicle is a total loss) on the standard of repairs, and the repair methods, prescribed by the statutory rules in relation to vehicles of that type.Maximum penalty—(a) in the case of a corporation, 250 penalty units for a first offence or 500 penalty units for a second or subsequent offence, or(b) in any other case, 50 penalty units for a first offence or 100 penalty units for a second or subsequent offence.s 91: Am 2019 No 21, Sch 2.1[6] [7].
92 Provision of results of assessments
(cf VR Act, s 16K)
(1) An assessor must, if requested to do so by the registered operator or owner of a notifiable light vehicle or an authorised officer, provide the operator, owner or officer with a written record of a total loss assessment made by or on behalf of the assessor of that vehicle setting out—(a) a statement as to whether or not the notifiable light vehicle is a total loss and, if it is a total loss, a statement as to whether or not the vehicle has suffered damage of a type specified in the statutory write-off assessment criteria, and(b) any other information prescribed by the statutory rules.Maximum penalty—20 penalty units.(2) An assessor must, if directed in writing to do so by an authorised officer, provide Transport for NSW with a written record of a total loss assessment made by or on behalf of the assessor setting out—(a) a statement as to whether or not the notifiable light vehicle is a total loss and, if it is a total loss, a statement as to whether or not the vehicle has suffered damage of a type specified in the statutory write-off assessment criteria, and(b) any other information specified in the direction.Maximum penalty—20 penalty units.(3) More than one direction may be issued under subsection (2).Note—Section 307C of the Crimes Act 1900 makes it an offence for a person to produce a record under this section if the person does so knowing that the record is false or misleading.s 92: Am 2019 No 21, Sch 2.1[8] [9]; 2023 No 35, Sch 1.17[4] [5].
93 Information about written-off and demolished light vehicles
(cf VR Act, s 16L)
(1) An assessor must ensure that Transport for NSW is provided with the information required by the statutory rules concerning each notifiable light vehicle that is assessed as being a total loss in the course of a total loss assessment conducted by or on behalf of the assessor—(a) within 7 days after the assessment and before the vehicle is sold or otherwise disposed of, or(b) within any other time prescribed by the statutory rules.(2) A self-insurer must ensure that Transport for NSW is provided with the information required by the statutory rules concerning each notifiable light vehicle that is taken to be a total loss by virtue of being disposed of by the self-insurer (anywhere in Australia) to a motor vehicle recycler—(a) within 7 days after the vehicle is disposed of, or(b) within any other time prescribed by the statutory rules.(3) A motor vehicle recycler must ensure that Transport for NSW is provided with the information required by the statutory rules concerning each notifiable light vehicle that the motor vehicle recycler intends to demolish or dismantle (anywhere in Australia) in the course of the business carried on by the motor vehicle recycler—(a) within 7 days after the motor vehicle recycler forms the intention to demolish or dismantle the vehicle, or(b) within any other time prescribed by the statutory rules.(4) Despite subsection (3), the information must be provided before the part of the vehicle to which the vehicle identifier is attached is sold or otherwise disposed of.(5) A person (other than an insurer) is not guilty of an offence against this section in respect of a failure to provide information concerning a notifiable light vehicle if the person proves to the court’s satisfaction that the person believed, on reasonable grounds, that the required information concerning the vehicle had already been provided to Transport for NSW by another person under this section.Maximum penalty—20 penalty units.s 93: Am 2013 No 107, Sch 3.10 [4] [6] [7]; 2019 No 21, Sch 2.1[10].
94 Maintenance of records
(cf VR Act, s 16M)
(1) An assessor must maintain, and keep for at least 7 years, the following records in relation to each total loss assessment made by or on behalf of the assessor—(a) the records required by the statutory rules,(b) any other records that Transport for NSW, by notice in writing, requires the assessor to maintain.(2) An authorised officer may, for the purposes of determining whether this Part has been complied with, direct in writing any person to produce any records required to be maintained under this Division.(3) A person must comply with such a direction within the time specified in the direction.Maximum penalty—20 penalty units.s 94: Am 2019 No 21, Sch 2.1[11].
95 False assessments
(cf VR Act, s 16N)
A person must not induce, attempt to influence, or coerce the making of a false total loss assessment or a total loss assessment that does not comply with this Part.Maximum penalty—(a) in the case of a corporation, 250 penalty units for a first offence or 500 penalty units for a second or subsequent offence, or(b) in any other case, 50 penalty units for a first offence or 100 penalty units for a second or subsequent offence.s 95: Am 2019 No 21, Sch 2.1[12].
96 Removal of vehicle identifiers
(cf VR Act, s 16O)
An assessor must ensure that reasonable steps are taken to remove, deface, obliterate or destroy the vehicle identifier on any part of a light vehicle that has been assessed as being a total loss by or on behalf of the assessor, if required to do so—(a) by the statutory rules, or(b) by notice in writing served on the assessor by Transport for NSW.Maximum penalty—20 penalty units.s 96: Am 2017 No 61, Sch 1.3 [4].
97 Duty to attach written-off light vehicle warning label
(cf VR Act, s 16P)
(1) An assessor must ensure that a written-off light vehicle warning label is attached, in accordance with the statutory rules, at all times to any light vehicle in the person’s possession or control that has been assessed as being a total loss—(a) to the part of the vehicle to which the vehicle identifier is attached (in the case of a dismantled vehicle), or(b) to the vehicle (in any other case).(2) The label must be attached within the period in which the information must be provided to Transport for NSW about the vehicle under section 93.Maximum penalty—20 penalty units.s 97: Am 2017 No 61, Sch 1.3 [6]; 2019 No 21, Sch 2.1[13].
Division 4 General
98 Light vehicle certificates of compliance
(cf VR Act, s 16Q)
(1) A licensed repairer may issue, in a form approved by Transport for NSW, a light vehicle certificate of compliance in relation to a light vehicle if—(a) the repairer’s licence is of a class that authorises the repairer to repair the type of vehicle, and the type of vehicle damage, the subject of certification, and(b) the licensed repairer is satisfied that the standard of repairs, and the repair methods used, are in accordance with the requirements adopted by or set out in the statutory rules.Note—Section 12 of the Motor Dealers and Repairers Act 2013 makes it an offence for a person to carry on the business of a motor vehicle repairer unless the person is the holder of a motor vehicle repairer’s licence. Section 15 of that Act also makes it an offence for a motor vehicle repairer, in the course of business, to enter into an agreement for any repair work to be done by another person who is not the holder of a motor vehicle repairer’s licence.(2) A licensed repairer must not issue a light vehicle certificate of compliance that the repairer knows, or ought reasonably to know, is false or misleading in a material particular.Maximum penalty—20 penalty units.(3) A person must not attempt to obtain a light vehicle certificate of compliance by a false or misleading statement or any misrepresentation or other dishonest means.Maximum penalty—20 penalty units.(4) Transport for NSW may do any of the following in respect of a light vehicle that is the subject of a light vehicle certificate of compliance referred to in subsection (2) or (3)—(a) amend the NSW written-off light vehicles register accordingly,(b) suspend the registration of the vehicle,(c) refuse to transfer the registration of the vehicle,(d) cancel the registration of the vehicle.(5) Transport for NSW must not cancel the registration of a light vehicle unless it has first given the registered operator of the vehicle at least 14 days’ notice of the proposed cancellation.(6) A person who is not a licensed repairer must not purport to issue a light vehicle certificate of compliance or advertise that the person is willing to issue a light vehicle certificate of compliance.Maximum penalty—1,000 penalty units.s 98: Am 2017 No 61, Sch 1.3 [4] [12].
99 Access to NSW written-off light vehicles register
(cf VR Act, s 16R)
(1) Transport for NSW is not to provide access to the NSW written-off light vehicles register except as provided by this section.(2) Transport for NSW may allow the following to have access to the register—(a) a government department, a public authority, a local authority or the NSW Police Force,(b) a government department, a public authority, a local authority or the police force of another jurisdiction,(c) Austroads, but only for the purpose of its national database of written-off light vehicles and information about them,(d) an insurer, self-insurer, motor vehicle recycler or motor dealer,(e) any other person or body, or class of persons or bodies, prescribed by the statutory rules.(3) Transport for NSW may provide a person or body with information contained in the register.(4) Transport for NSW may—(a) impose any conditions that Transport for NSW considers appropriate on the provision of access, or the provision of information, under this section, or(b) limit the level of detail to which access is provided under this section as Transport for NSW considers appropriate.s 99: Am 2013 No 107, Sch 3.10 [5].
100 Interference with NSW written-off light vehicles register
(cf VR Act, s 16S)
A person must not, except as authorised by Transport for NSW—(a) obtain access to the NSW written-off light vehicles register or information contained in the register, or(b) make, alter or delete an entry in the register, or(c) interfere with the register in any other way.Maximum penalty—250 penalty units.
101 Unauthorised disclosure of information
(cf VR Act, s 16T)
A person must not disclose any information obtained in connection with the administration or execution of this Part, except—(a) in connection with the administration or execution of this Part or the statutory rules made for the purposes of this Part, or(b) for the purposes of Austroads administering a national database of written-off light vehicles and information about them and allowing driver licensing and vehicle registration authorities in the other States and Territories to have access to the information in the national database, or(c) for the purposes of any legal proceedings arising out of this Act or the statutory rules or of any report of such proceedings, or(d) to the Secretary within the meaning of the Motor Dealers and Repairers Act 2013 for the purposes of any disciplinary or legal proceedings arising out of that Act or the regulations under that Act, or(e) to Transport for NSW for the purpose of assisting Transport for NSW to exercise its functions, or(f) in the circumstances prescribed by the statutory rules.Maximum penalty—20 penalty units.s 101: Am 2013 No 107, Sch 3.10 [8].
102 Certificate evidence
(cf VR Act, s 16U)
A statement in a certificate purporting to have been issued by an Australian Authority or Australian authorised officer that, at a specified time or during a specified period, a specified vehicle was or was not on the NSW written-off light vehicles register or a register of written-off light vehicles (however described) kept under a law of another jurisdiction is admissible as evidence in any legal proceedings and is, until admissible evidence is given to the contrary, evidence of the matter certified.
103 Statutory rules concerning written-off light vehicles
(cf VR Act, s 16V)
(1) Without limiting Chapter 2, the statutory rules may make provision for or with respect to the following matters—(a) any matter relating to the registration of written-off light vehicles,(b) any matter relating to the issue of authorisations to repair,(c) any matter relating to the making of total loss assessments under this Part, including the conduct or duties of persons making those assessments,(d) any matter relating to the making and keeping of records under this Part and the furnishing of information and records,(e) any matter relating to the issue of light vehicle certificates of compliance, including the conduct or duties of persons issuing light vehicle certificates of compliance,(f) any matter relating to written-off light vehicle warning labels,(g) the disclosure of information obtained in connection with the administration or execution of this Part.(2) The statutory rules may require any person to provide Transport for NSW with the information prescribed by the statutory rules concerning any notifiable light vehicle that is assessed as being a total loss while in the care, custody or control of the person (anywhere in Australia).(3) The statutory rules may exempt, with or without conditions, any light vehicle, any class of light vehicles or any class of persons from the operation of all or any of the provisions of this Part.(4) The statutory rules may adopt a provision set out in any specified publication.s 103: Am 2017 No 61, Sch 1.3 [6] [13]; 2019 No 21, Sch 2.1[14] [15].
104 Determination of first offences and second and subsequent offences against this Part
For the purposes of section 9 in its application to offences against provisions of this Part, it is declared that there is no applicable re-offending period for such offences.Note—Section 9 provides for the determination of whether an offence against a provision of this Act or the statutory rules is a first offence or a second or subsequent offence.
Part 4.5A Written-off heavy vehicles
Division 1 Preliminary
pt 4.5A, div 1: Ins 2017 No 61, Sch 1.3 [14].
104A Definitions
In this Part—heavy vehicle certificate of compliance means a heavy vehicle certificate of compliance issued by a licensed repairer under this Part.inspected written-off heavy vehicle has the meaning given by section 104B(1).insurer means a person who carries on the business of insuring vehicles, and includes any other person declared to be an insurer by the statutory rules.notifiable heavy vehicle—see section 104E.repairable written-off heavy vehicle has the meaning given by section 104B(1).self-insurer means any person who, in the course of a business, is the registered operator for the number of notifiable heavy vehicles that may be prescribed by the statutory rules in respect of each of which there is no insurance policy with an insurer covering loss or damage.statutory write-off assessment criteria, in relation to damage to a heavy vehicle, means damage of a type, or damage caused in circumstances, prescribed by the statutory rules.statutory written-off heavy vehicle has the meaning given by section 104B(1).total loss—see section 104F.vehicle identifier, in relation to a heavy vehicle, has the same meaning given by section 525 of the Heavy Vehicle National Law (NSW), and includes any other kind of identifier prescribed by the statutory rules.s 104A: Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 14, Sch 1.20[3]; 2019 No 21, Sch 2.1[16].
Division 2 Restrictions on registration of certain written-off heavy vehicles
pt 4.5A, div 2: Ins 2017 No 61, Sch 1.3 [14].
104B NSW written-off heavy vehicles register
(1) Transport for NSW is to maintain a register of written-off heavy vehicles (the NSW written-off heavy vehicles register) that records information about heavy vehicles that Transport for NSW has reason to believe—(a) are written-off heavy vehicles of a kind that the statutory rules provide are excluded from being registered regardless of whether they can be repaired (statutory written-off heavy vehicles), or(b) are written-off heavy vehicles of a kind that the statutory rules provide can be registered if they are repaired in the circumstances prescribed by the statutory rules (repairable written-off heavy vehicles), or(c) were previously written-off heavy vehicles but which have since been repaired and then registered (inspected written-off heavy vehicles).(2) The register is to contain such information as Transport for NSW thinks appropriate.(3) In this section written-off heavy vehicle includes any heavy vehicle—(a) that has been assessed to be a total loss by a person in accordance with Division 3, or(b) that has been disposed of to a motor vehicle recycler by a self-insurer, or(c) that has been demolished or dismantled by a motor vehicle recycler, or(d) that is in the control of a motor vehicle recycler and is intended to be demolished or dismantled, or(e) that is prescribed by the statutory rules.s 104B: Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 14, Sch 1.20[4].
104C Registration of written-off heavy vehicles
(1) Transport for NSW must not register, renew or transfer the registration of any heavy vehicle (or if the vehicle is registered, Transport for NSW must cancel the registration of the vehicle) if its vehicle identifier is the same as the vehicle identifier of—(a) a statutory written-off heavy vehicle or an interstate written-off heavy vehicle, or(b) a written-off heavy vehicle that Transport for NSW reasonably believes has suffered damage of a type specified in the statutory write-off assessment criteria.(2) If Transport for NSW cancels the registration of a heavy vehicle under this section, Transport for NSW must immediately notify the registered operator of the vehicle of the cancellation.(3) Despite section 2.8 of the Motor Accident Injuries Act 2017 and section 14(3) of the Motor Accidents Compensation Act 1999, a third-party policy (within the meaning of those Acts) is not cancelled immediately upon cancellation of registration of a heavy vehicle under this section and continues to have effect until the day on which the registered operator of the vehicle is given notice of the cancellation of registration.(4) In this section—interstate written-off heavy vehicle means a heavy vehicle recorded on a register of written-off vehicles (however described) of another jurisdiction as—(a) a statutory written-off heavy vehicle or similar (being a heavy vehicle that is not permitted to be registered in that jurisdiction by the vehicle registration authority of that jurisdiction), or(b) a repairable written-off heavy vehicle or similar (being a heavy vehicle that may in certain circumstances be registered in that jurisdiction), but only if that vehicle has not been registered in Australia since being so recorded.s 104C: Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[17].
Division 3 Assessment of damaged heavy vehicles
pt 4.5A, div 3: Ins 2017 No 61, Sch 1.3 [14].
104D Definitions
In this Division—assessor means an insurer, self-insurer, motor vehicle recycler, motor dealer or other person prescribed by the statutory rules.total loss assessment means an assessment made by or on behalf of, and in the course of business of, an assessor as to whether or not a notifiable heavy vehicle (anywhere in Australia) is a total loss.s 104D: Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[18].
104E Notifiable heavy vehicles
(1) For the purposes of this Part, a heavy vehicle is a notifiable heavy vehicle if the vehicle—(a) complies (or complied at the time of manufacture) with the requirements of all Australian Design Rules adopted by the statutory rules applying to it, and(b) is located anywhere in Australia but is linked to this jurisdiction because—(i) it is registered in this jurisdiction, or(ii) it was last registered in this jurisdiction, or(iii) it has never been registered in Australia, but one or more of the incidents that caused the vehicle to be assessed as a total loss occurred in this jurisdiction.(2) For the purposes of this Part, a heavy vehicle is also a notifiable heavy vehicle if it is a heavy vehicle prescribed by the statutory rules.s 104E: Ins 2017 No 61, Sch 1.3 [14].
104F Heavy vehicles that are a total loss
(1) For the purposes of this Part, a heavy vehicle is a total loss if it has been damaged, dismantled or demolished to the extent that its salvage value as a written-off heavy vehicle plus the cost of repairing the vehicle for use on a road would be more than—(a) the market value of the vehicle immediately before the damage, dismantling or demolition, or(b) if the vehicle is insured for a specified amount (known as the sum insured), that specified amount.(2) The statutory rules may—(a) prescribe other cases as cases in which a heavy vehicle is a total loss for the purposes of this Part, and(b) prescribe exceptions to this section.(3) In this section—market value of a heavy vehicle means the price that the vehicle would bring at open market, as determined (having regard to local market prices and the age and condition of the vehicle) by the person who assesses whether or not the vehicle is a total loss.salvage value of a heavy vehicle means the value of the vehicle if sold for scrap or parts, or in a damaged state, as determined by the person who assesses whether or not the vehicle is a total loss.s 104F: Ins 2017 No 61, Sch 1.3 [14].
104G Assessments as to whether a heavy vehicle is a total loss
(1) An assessor must ensure that each total loss assessment made by or on behalf of the assessor is made by a person who—(a) has the training, qualification or experience prescribed by the statutory rules for the purposes of this section, or(b) acts on the advice of a person who has such training, qualifications or experience.Maximum penalty—20 penalty units.(2) Transport for NSW may, by notice in writing, exempt a person from subsection (1), before the relevant assessment is carried out. Such an exemption has effect only for the time specified in the exemption and if any conditions to which it is subject are complied with.s 104G: Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[19].
104H Factors relevant to assessments
An assessor must ensure that each total loss assessment made by or on behalf of the assessor—(a) if the heavy vehicle is determined to be a total loss—includes an assessment of whether the vehicle has suffered damage of a type specified in the statutory write-off assessment criteria, and(b) bases any calculation of the cost of repair of the vehicle (for the purposes of assessing whether the vehicle is a total loss) on the standard of repairs, and the repair methods, prescribed by the statutory rules in relation to vehicles of that type.Maximum penalty—(a) in the case of a corporation, 250 penalty units for a first offence or 500 penalty units for a second or subsequent offence, or(b) in any other case, 50 penalty units for a first offence or 100 penalty units for a second or subsequent offence.s 104H: Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[20] [21].
104I Provision of results of assessments
(1) An assessor must, if requested to do so by the registered operator or owner of a notifiable heavy vehicle or an authorised officer, provide the operator, owner or officer with a written record of a total loss assessment made by or on behalf of the assessor of that vehicle setting out—(a) a statement as to whether or not the notifiable heavy vehicle is a total loss and, if it is a total loss, a statement as to whether or not the vehicle has suffered damage of a type specified in the statutory write-off assessment criteria, and(b) any other information prescribed by the statutory rules.Maximum penalty—20 penalty units.(2) An assessor must, if directed in writing to do so by an authorised officer, provide Transport for NSW with a written record of a total loss assessment made by or on behalf of the assessor setting out—(a) a statement as to whether or not the notifiable heavy vehicle is a total loss and, if it is a total loss, a statement as to whether or not the vehicle has suffered damage of a type specified in the statutory write-off assessment criteria, and(b) any other information specified in the direction.Maximum penalty—20 penalty units.(3) More than one direction may be issued under subsection (2).Note—Section 307C of the Crimes Act 1900 makes it an offence for a person to produce a record under this section if the person does so knowing that the record is false or misleading.s 104I: Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[22] [23]; 2023 No 35, Sch 1.17[4] [5].
104J Information about written-off and demolished heavy vehicles
(1) An assessor must ensure that Transport for NSW is provided with the information required by the statutory rules concerning each notifiable heavy vehicle that is assessed as being a total loss in the course of a total loss assessment conducted by or on behalf of the assessor—(a) within 7 days after the assessment and before the vehicle is sold or otherwise disposed of, or(b) within any other time prescribed by the statutory rules.(2) A self-insurer must ensure that Transport for NSW is provided with the information required by the statutory rules concerning each notifiable heavy vehicle that is taken to be a total loss by virtue of being disposed of by the self-insurer (anywhere in Australia) to a motor vehicle recycler—(a) within 7 days after the vehicle is disposed of, or(b) within any other time prescribed by the statutory rules.(3) A motor vehicle recycler must ensure that Transport for NSW is provided with the information required by the statutory rules concerning each notifiable heavy vehicle that the motor vehicle recycler intends to demolish or dismantle (anywhere in Australia) in the course of the business carried on by the motor vehicle recycler—(a) within 7 days after the motor vehicle recycler forms the intention to demolish or dismantle the vehicle, or(b) within any other time prescribed by the statutory rules.(4) Despite subsection (3), the information must be provided before the part of the vehicle to which the vehicle identifier is attached is sold or otherwise disposed of.(5) A person (other than an insurer) is not guilty of an offence against this section in respect of a failure to provide information concerning a notifiable heavy vehicle if the person proves to the court’s satisfaction that the person believed, on reasonable grounds, that the required information concerning the vehicle had already been provided to Transport for NSW by another person under this section.Maximum penalty—20 penalty units.s 104J: Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[24].
104K Maintenance of records
(1) An assessor must maintain, and keep for at least 7 years, the following records in relation to each total loss assessment made by or on behalf of the assessor—(a) the records required by the statutory rules,(b) any other records that Transport for NSW, by notice in writing, requires the assessor to maintain.(2) An authorised officer may, for the purposes of determining whether this Part has been complied with, direct in writing any person to produce any records required to be maintained under this Division.(3) A person must comply with such a direction within the time specified in the direction.Maximum penalty—20 penalty units.s 104K: Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[25].
104L False assessments
A person must not induce, attempt to influence, or coerce the making of a false total loss assessment or a total loss assessment that does not comply with this Part.Maximum penalty—(a) in the case of a corporation, 250 penalty units for a first offence or 500 penalty units for a second or subsequent offence, or(b) in any other case, 50 penalty units for a first offence or 100 penalty units for a second or subsequent offence.s 104L: Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[26].
104M Removal of vehicle identifiers of heavy vehicles
An assessor must ensure that reasonable steps are taken to remove, deface, obliterate or destroy the vehicle identifier on any part of a heavy vehicle that has been assessed as being a total loss by or on behalf of the assessor, if required to do so—(a) by the statutory rules, or(b) by notice in writing served on the assessor by Transport for NSW.Maximum penalty—20 penalty units.s 104M: Ins 2017 No 61, Sch 1.3 [14].
104N Duty to attach written-off heavy vehicle warning label
(1) An assessor must ensure that a written-off heavy vehicle warning label is attached, in accordance with the statutory rules, at all times to any heavy vehicle in the person’s possession or control that has been assessed as being a total loss—(a) to the part of the vehicle to which the vehicle identifier is attached (in the case of a dismantled vehicle), or(b) to the vehicle (in any other case).(2) The label must be attached within the period in which the information must be provided to Transport for NSW about the vehicle under section 104J.Maximum penalty—20 penalty units.s 104N: Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[27].
Division 4 General
pt 4.5A, div 4: Ins 2017 No 61, Sch 1.3 [14].
104O Heavy vehicle certificates of compliance
(1) A licensed repairer may issue, in a form approved by Transport for NSW, a heavy vehicle certificate of compliance in relation to a heavy vehicle if—(a) the licensed repairer’s licence is of a class that authorises the repairer to repair the type of vehicle, and the type of vehicle damage, the subject of certification, and(b) the vehicle has been repaired by the licensed repairer or the repairer is satisfied that it has been repaired by another licensed repairer, and(c) the licensed repairer is satisfied that the standard of repairs, and the repair methods used, are in accordance with the requirements adopted by or set out in the statutory rules.Note—Section 12 of the Motor Dealers and Repairers Act 2013 makes it an offence for a person to carry on the business of a motor vehicle repairer unless the person is the holder of a motor vehicle repairer’s licence. Section 15 of that Act also makes it an offence for a motor vehicle repairer, in the course of business, to enter into an agreement for any repair work to be done by another person who is not the holder of a motor vehicle repairer’s licence.(2) A licensed repairer must not issue a heavy vehicle certificate of compliance that the repairer knows, or ought reasonably to know, is false or misleading in a material particular.Maximum penalty—20 penalty units.(3) A person must not attempt to obtain a heavy vehicle certificate of compliance by a false or misleading statement or any misrepresentation or other dishonest means.Maximum penalty—20 penalty units.(4) Transport for NSW may do any of the following in respect of a heavy vehicle that is the subject of a heavy vehicle certificate of compliance referred to in subsection (2) or (3)—(a) amend the NSW written-off heavy vehicles register accordingly,(b) suspend the registration of the vehicle,(c) refuse to transfer the registration of the vehicle,(d) cancel the registration of the vehicle.(5) Transport for NSW must not cancel the registration of a heavy vehicle unless it has first given the registered operator of the vehicle at least 14 days’ notice of the proposed cancellation.(6) A person who is not a licensed repairer must not purport to issue a heavy vehicle certificate of compliance or advertise that the person is willing to issue a heavy vehicle certificate of compliance.Maximum penalty—1,000 penalty units.ss 104O–104S: Ins 2017 No 61, Sch 1.3 [14].
104P Access to NSW written-off heavy vehicles register
(1) Transport for NSW is not to provide access to the NSW written-off heavy vehicles register except as provided by this section.(2) Transport for NSW may allow the following to have access to the register—(a) a government department, a public authority, a local authority or the NSW Police Force,(b) a government department, a public authority, a local authority or the police force of another jurisdiction,(c) Austroads, but only for the purpose of its national database of written-off heavy vehicles and information about them,(d) an insurer, self-insurer, motor vehicle recycler or motor dealer,(e) any other person or body, or class of persons or bodies, prescribed by the statutory rules.(3) Transport for NSW may provide a person or body with information contained in the register.(4) Transport for NSW may—(a) impose any conditions that Transport for NSW considers appropriate on the provision of access, or the provision of information, under this section, or(b) limit the level of detail to which access is provided under this section as Transport for NSW considers appropriate.ss 104O–104S: Ins 2017 No 61, Sch 1.3 [14].
104Q Interference with NSW written-off heavy vehicles register
A person must not, except as authorised by Transport for NSW—(a) obtain access to the NSW written-off heavy vehicles register or information contained in the register, or(b) make, alter or delete an entry in the register, or(c) interfere with the register in any other way.Maximum penalty—250 penalty units.ss 104O–104S: Ins 2017 No 61, Sch 1.3 [14].
104R Unauthorised disclosure of information
A person must not disclose any information obtained in connection with the administration or execution of this Part, except—(a) in connection with the administration or execution of this Part or the statutory rules made for the purposes of this Part, or(b) for the purposes of Austroads administering a national database of written-off heavy vehicles and information about them and allowing driver licensing and vehicle registration authorities in the other States and Territories to have access to the information in the national database, or(c) for the purposes of any legal proceedings arising out of this Act or the statutory rules or of any report of such proceedings, or(d) to the Secretary within the meaning of the Motor Dealers and Repairers Act 2013 for the purposes of any disciplinary or legal proceedings arising out of that Act or the regulations under that Act, or(e) to Transport for NSW for the purpose of assisting Transport for NSW to exercise its functions, or(f) in the circumstances prescribed by the statutory rules.Maximum penalty—20 penalty units.ss 104O–104S: Ins 2017 No 61, Sch 1.3 [14].
104S Certificate evidence
A statement in a certificate purporting to have been issued by an Australian Authority or Australian authorised officer that, at a specified time or during a specified period, a specified vehicle was or was not on the NSW written-off heavy vehicles register or a register of written-off heavy vehicles (however described) kept under a law of another jurisdiction is admissible as evidence in any legal proceedings and is, until admissible evidence is given to the contrary, evidence of the matter certified.ss 104O–104S: Ins 2017 No 61, Sch 1.3 [14].
104T Statutory rules concerning written-off heavy vehicles
(1) Without limiting Chapter 2, the statutory rules may make provision for or with respect to the following matters—(a) any matter relating to the registration of written-off heavy vehicles,(b) any matter relating to the making of total loss assessments under this Part, including the conduct or duties of persons making those assessments,(c) any matter relating to the making and keeping of records under this Part and the furnishing of information and records,(d) any matter relating to the repair of written-off heavy vehicles,(e) any matter relating to the issue of heavy vehicle certificates of compliance, including the conduct or duties of persons issuing certificates of compliance,(f) any matter relating to written-off heavy vehicle warning labels,(g) the disclosure of information obtained in connection with the administration or execution of this Part.(2) The statutory rules may require any person to provide Transport for NSW with the information prescribed by the statutory rules concerning any notifiable heavy vehicle that is assessed as being a total loss while in the care, custody or control of the person (anywhere in Australia).(3) The statutory rules may exempt, with or without conditions, any heavy vehicle, any class of heavy vehicles or any class of persons from the operation of all or any of the provisions of this Part.(4) The statutory rules may adopt a provision set out in any specified publication.s 104T: Ins 2017 No 61, Sch 1.3 [14]. Am 2019 No 21, Sch 2.1[28] [29].
104U Determination of first offences and second and subsequent offences against this Part
For the purposes of section 9 in its application to offences against provisions of this Part, it is declared that there is no applicable re-offending period for such offences.Note—Section 9 provides for the determination of whether an offence against a provision of this Act or the statutory rules is a first offence or a second or subsequent offence.s 104U: Ins 2017 No 61, Sch 1.3 [14].
Part 4.6 Other provisions relating to vehicle registration
105 Status of unregistered vehicles having permits
(cf VR Act, s 29)
An unregistered registrable vehicle in respect of which an unregistered vehicle permit is in force is taken for the purposes of this Act or any other Act relating to the registration or licensing of vehicles to be a registered vehicle.
106 Fees for registration of vehicles of Crown and NSW Government agencies
(cf VR Act, s 31)
Any fees relating to the registration of a registrable vehicle payable under this Act—(a) if the vehicle is owned by the Crown—are payable by the Crown, or(b) if the vehicle is owned by a NSW Government agency—are payable by the agency.
Chapter 5 Safety and traffic management
Part 5.1 Alcohol and other drug use
Division 1 Interpretation
107 Definitions
(cf STM Act, s 8)
(1) General definitions In this Part—applicable driver licence means the following—(a) a licence (however described) issued under a law in force in any jurisdiction authorising the holder to drive one or more classes of motor vehicle on a road,(b) a driver licence receipt for a licence referred to in paragraph (a),(c) a foreign driver licence.Note—The term driver licence receipt is defined in section 4(1) to mean a receipt that—(a) is issued following an application for an Australian driver licence and after payment of any applicable fee, and(b) authorises the holder to drive one or more classes of motor vehicle on a road or road related area.applicable interlock driver licence means an interlock driver licence issued on or after the commencement of this definition.applicable learner licence means the following—(a) a learner licence or a driver licence receipt for such a licence,(b) a foreign driver licence that has the same or similar effect as a licence referred to in paragraph (a).Note—The term learner licence is defined in section 4(1) to mean a licence or permit issued to a person under a law in force in any jurisdiction to authorise the person to drive a motor vehicle on a road or road related area for the purpose of learning to drive a motor vehicle.applicable provisional licence means the following—(a) a provisional P1 licence or a provisional P2 licence,(b) a licence (however described) issued under a law in force in any jurisdiction, or a foreign driver licence, that has the same or similar effect as a licence referred to in paragraph (a) or is prescribed by the statutory rules as an equivalent licence for the purposes of this definition,(c) a driver licence receipt for a licence referred to in paragraph (a) or for a licence of any jurisdiction referred to in paragraph (b).learner driver, in relation to a motor vehicle, means—(a) a person who holds an applicable learner licence for motor vehicles of a class that includes the motor vehicle, or(b) a person who is learning to drive the motor vehicle in circumstances where—(i) the person holds an applicable driver licence of a class of motor vehicles that does not include the motor vehicle, and(ii) the person is permitted under the statutory rules to learn to drive the motor vehicle despite not having an applicable driver licence for motor vehicles of that class.novice driver, in relation to a motor vehicle, means—(a) a person who holds an applicable learner licence, applicable provisional licence or applicable interlock driver licence for motor vehicles of a class that includes the motor vehicle, or(b) a person who is not authorised to drive the motor vehicle in this jurisdiction because the person (in this jurisdiction or elsewhere) has had the person’s application for an applicable learner licence, applicable provisional licence or applicable interlock driver licence of a class that includes the motor vehicle refused, or(c) a person who is not authorised to drive the motor vehicle in this jurisdiction because the person (in this jurisdiction or elsewhere) has ceased to hold an applicable learner licence, applicable provisional licence or applicable interlock driver licence of a class that includes the motor vehicle as a result of—(i) the cancellation or suspension of the licence, or(ii) the disqualification of the person from holding a driver licence, or(iii) the expiry of the licence, or(d) a person who is not authorised to drive the motor vehicle in this jurisdiction because the person (in this jurisdiction or elsewhere) has never obtained an applicable driver licence for any class of motor vehicle.(2) Meaning of “special category driver” For the purposes of this Part, a person is a special category driver in respect of a motor vehicle if—(a) the person holds an applicable learner licence, applicable provisional licence or applicable interlock driver licence for motor vehicles of a class that includes the motor vehicle, or(b) the person is not authorised to drive the motor vehicle in this jurisdiction because—(i) the person (in this jurisdiction or elsewhere) has had the person’s application for a relevant applicable driver licence refused, or(ii) the person (in this jurisdiction or elsewhere) has ceased to hold a relevant applicable driver licence as a result of the cancellation or suspension of the licence, or(iii) the person (in this jurisdiction or elsewhere) has ceased to hold an applicable learner licence, applicable provisional licence or applicable interlock driver licence as a result of the expiry of the licence, or(iv) the person (in this jurisdiction or elsewhere) has ceased to hold a relevant applicable driver licence (other than an applicable learner licence or provisional licence or an interlock driver licence) as a result of the expiry of the licence, but only where the licence has been expired for a period of more than 6 months, or(v) the person (in this jurisdiction or elsewhere) has been disqualified from driving, or(vi) the person has never obtained a relevant applicable driver licence, or(c) the motor vehicle is being driven for hire or reward, or in the course of any trade or business, as a public passenger vehicle within the meaning of the Passenger Transport Act 1990, or(ca) the motor vehicle is a taxi or hire vehicle being used to provide a passenger service within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016, or(d) the motor vehicle is a coach, or(e) the motor vehicle is a motor vehicle that has a GVM exceeding 13.9 tonnes, or(f) the motor vehicle is being used in combination with a trailer in circumstances where the motor vehicle and trailer combination has a GCM exceeding 13.9 tonnes, or(g) the motor vehicle (or any trailer being towed by the motor vehicle)—(i) is required, because it carries dangerous goods within the meaning of the Dangerous Goods (Road and Rail Transport) Act 2008, to be identified with a placard by regulations under that Act, or under any code prescribed for the purposes of this paragraph by statutory rules under this Act, or(ii) carries any radioactive substance within the meaning of the Protection from Harmful Radiation Act 1990.(3) Meaning of “special category supervisor” For the purposes of this Part, a person is a special category supervisor in respect of a motor vehicle if, were the person driving the motor vehicle, the person would be a special category driver in respect of the motor vehicle.s 107: Am 2014 No 42, Sch 1 [20]–[26]; 2016 No 34, Sch 7.6 [2]; 2020 No 33, Sch 1[16]; 2021 No 22, Sch 5.12[3]; 2023 No 30, Sch 2.7[1].
108 Prescribed concentrations of alcohol
(cf STM Act, s 8A)
In this Part—novice range prescribed concentration of alcohol means a concentration of more than zero grams, but less than 0.02 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.special range prescribed concentration of alcohol means a concentration of 0.02 grams or more, but less than 0.05 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.low range prescribed concentration of alcohol means a concentration of 0.05 grams or more, but less than 0.08 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.middle range prescribed concentration of alcohol means a concentration of 0.08 grams or more, but less than 0.15 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.high range prescribed concentration of alcohol means a concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.
109 Measurement of alcohol concentrations
(cf STM Act, s 8B)
(1) For the purposes of this Act, the concentration of alcohol present in a person’s breath or blood may be expressed as follows—(a) in the case of a sample of breath that is measured by a breath analysing instrument or other breath testing device that provides a reading or result by reference to alcohol present in the breath—the amount of alcohol in grams in 210 litres of breath,(b) in the case of a sample of breath that is measured by a breath analysing instrument or other breath testing device that provides a reading or result by reference to alcohol present in the blood—the amount of alcohol in grams in 100 millilitres of blood,(c) in the case of a sample of blood—the amount of alcohol in grams in 100 millilitres of blood.(2) An amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.(3) Accordingly, any offence against this Act relating to the presence of a specified concentration of alcohol in a person’s breath or blood at the time of the occurrence of a particular event is a single offence regardless of whether the concentration of alcohol concerned is measured by reference to the amount of alcohol present in breath or in blood (or both).
Division 2 Offences involving alcohol or other drugs
110 Presence of prescribed concentration of alcohol in person’s breath or blood
(cf STM Act, ss 9, 10, 11 and 11A)
(1) Offence—novice range prescribed concentration of alcohol A novice driver must not, while there is present in the driver’s breath or blood the novice range prescribed concentration of alcohol—(a) drive the motor vehicle, or(b) occupy the driving seat of the motor vehicle and attempt to put the motor vehicle in motion.Maximum penalty—20 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence).(2) Offence—special range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the special range prescribed concentration of alcohol—(a) if the person is a special category driver in respect of a motor vehicle—drive the motor vehicle, or(b) if the person is a special category driver in respect of a motor vehicle—occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or(c) if the person is a special category supervisor in respect of a motor vehicle and the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.Maximum penalty—20 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence).(3) Offence—low range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the low range prescribed concentration of alcohol—(a) drive a motor vehicle, or(b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or(c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.Maximum penalty—20 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence).(4) Offence—middle range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the middle range prescribed concentration of alcohol—(a) drive a motor vehicle, or(b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or(c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.Maximum penalty—20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).(5) Offence—high range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the high range prescribed concentration of alcohol—(a) drive a motor vehicle, or(b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or(c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.Maximum penalty—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).Note—Division 1 of Part 7.4 provides for the disqualification of persons from holding driver licences for certain offences (including offences against this section).(6) Alternative verdicts for lesser offences If the court on a prosecution of a person for an offence against any subsection of this section is not satisfied that the offence is proven but is satisfied that the person has committed an offence against any other subsection of this section of a less serious nature, the court may acquit the person of the offence with which the person is charged and find the person guilty of an offence against the other subsection. The person is liable to be punished accordingly.(7) For the purposes of subsection (6)—(a) an offence against subsection (1), (2), (3) or (4) is of a less serious nature than an offence against subsection (5), and(b) an offence against subsection (1), (2) or (3) is of a less serious nature than an offence against subsection (4), and(c) an offence against subsection (1) or (2) is of a less serious nature than an offence against subsection (3), and(d) an offence against subsection (1) is of a less serious nature than an offence against subsection (2).(8) Presence of higher concentration of alcohol not defence It is not a defence to a prosecution for an offence against a subsection of this section if the defendant proves that, at the time the defendant engaged in the conduct that is alleged to have contravened the subsection, a greater concentration of alcohol was present in the defendant’s breath or blood than the prescribed concentration of alcohol referred to in the subsection.(9) Defence for offence relating to novice range prescribed concentration of alcohol It is a defence to a prosecution for an offence against subsection (1) if the defendant proves to the court’s satisfaction that, at the time the defendant engaged in the conduct that is alleged to have contravened the subsection, the presence in the defendant’s breath or blood of the novice range prescribed concentration of alcohol was not caused (in whole or in part) by any of the following—(a) the consumption of an alcoholic beverage (otherwise than for the purposes of religious observance),(b) the consumption or use of any other substance (for example, food or medicine) for the purpose of consuming alcohol.s 110: Am 2018 No 54, Sch 1 [8].
111 Presence of certain drugs (other than alcohol) in oral fluid, blood or urine
(cf STM Act, s 11B)
(1) Presence of prescribed illicit drug in person’s oral fluid, blood or urine A person must not, while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug—(a) drive a motor vehicle, or(b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or(c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.Maximum penalty—20 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence).(2) If a person is charged with an offence against subsection (1)—(a) the court attendance notice may allege that more than one prescribed illicit drug was present in the oral fluid, blood or urine of the person and the proceedings are not liable to be dismissed on the ground of uncertainty or duplicity if each of those drugs is described in the court attendance notice, and(b) the offence is proved if the court is satisfied beyond reasonable doubt that there was present in the oral fluid, blood or urine of the defendant—(i) a drug described in the court attendance notice, or(ii) a combination of drugs any one or more of which was or were described in the court attendance notice.(3) Presence of morphine in person’s blood or urine A person must not, while there is present in the person’s blood or urine any morphine—(a) drive a motor vehicle, or(b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or(c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.Maximum penalty—20 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence).(4) If a person is charged with an offence against subsection (3), the offence is proved if the court is satisfied beyond reasonable doubt that morphine was present in the blood or urine of the defendant (whether or not in combination with any other drugs).(5) Defence for offence relating to presence of morphine in person’s blood or urine It is a defence to a prosecution for an offence against subsection (3) if the defendant proves to the court’s satisfaction that, at the time the defendant engaged in the conduct that is alleged to have contravened the subsection, the presence in the defendant’s blood or urine of morphine was caused by the consumption of a substance for medicinal purposes.(6) Meaning of consumption for medicinal purposes In this section, a substance is consumed for medicinal purposes only if it is—(a) a drug prescribed by a medical practitioner taken in accordance with a medical practitioner’s prescription, or(b) a codeine-based medicinal drug purchased from a pharmacy that has been taken in accordance with the manufacturer’s instructions.Note—Division 1 of Part 7.4 provides for the disqualification of persons from holding driver licences for certain offences (including offences against this section).The offences of driving with a prescribed concentration of alcohol in the blood, and of driving under the influence of alcohol or any other drug, are dealt with in sections 110 and 112, respectively.s 111: Am 2018 No 15, Sch 1 [2] [3]; 2018 No 54, Sch 1 [8].
111A Presence of both prescribed illicit drug in person’s oral fluid, blood or urine and prescribed concentration of alcohol in person’s breath or blood
(1) Offence—high range prescribed concentration of alcohol and presence of prescribed illicit drug A person must not, while there is present in the person’s breath or blood the high range prescribed concentration of alcohol and present in the person’s oral fluid, blood or urine a prescribed illicit drug—(a) drive a motor vehicle, or(b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or(c) if the person is the holder of an applicable driver licence, other than an applicable provisional licence or applicable learner licence—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.Maximum penalty—(a) for a first offence—50 penalty units or imprisonment for 2 years or both, or(b) for a second or subsequent offence—100 penalty units or imprisonment for 2 years or both.(2) Offence—middle range prescribed concentration of alcohol and presence of prescribed illicit drug A person must not, while there is present in the person’s breath or blood the middle range prescribed concentration of alcohol and present in the person’s oral fluid, blood or urine a prescribed illicit drug—(a) drive a motor vehicle, or(b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or(c) if the person is the holder of an applicable driver licence, other than an applicable provisional licence or applicable learner licence—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.Maximum penalty—(a) for a first offence—30 penalty units or imprisonment for 18 months or both, or(b) for a second or subsequent offence—60 penalty units or imprisonment for 2 years or both.(3) Offence—second or subsequent offence of combined alcohol and drug driving offence A person commits an offence against this subsection if—(a) the person commits an offence under section 110(1), (2) or (3), while there is present in the person’s oral fluid, blood or urine, a prescribed illicit drug, and(b) the person has been convicted of an offence against this subsection or subsection (1) or (2) in the previous 5 years.Maximum penalty—50 penalty units or imprisonment for 18 months or both.(4) A person cannot be convicted of an offence against this section and section 110, 111(1) or 112 in relation to the same conduct.(5) Alternative verdicts If the court, on a prosecution of a person for an offence against a subsection of this section, is not satisfied that the offence is proven but is satisfied that the person has committed an offence against another subsection of this section or against section 110 or 111(1), having the same or a lesser maximum penalty, the court may acquit the person of the offence with which the person is charged and find the person guilty of the other offence, and the person is liable to be punished accordingly.(6) Presence of higher concentration of alcohol not defence It is not a defence to a prosecution for an offence against a subsection of this section if the defendant proves that, at the time the defendant engaged in the conduct that is alleged to have contravened the subsection, a greater concentration of alcohol was present in the defendant’s breath or blood than the prescribed concentration of alcohol referred to in the offence.(7) Defence for offence relating to novice range prescribed concentration of alcohol It is a defence to a prosecution for an offence against subsection (3), if—(a) an element of the offence under subsection (3) is that the person is alleged to have committed an offence under section 110(1), and(b) the defendant proves to the court’s satisfaction that, at the time the defendant engaged in the conduct that is alleged to have contravened section 110(1), the presence in the defendant’s breath or blood of the novice range prescribed concentration of alcohol was not caused, in whole or in part, by—(i) the consumption of an alcoholic beverage, other than for the purposes of religious observance, or(ii) the consumption or use of another substance, for example, food or medicine, for the purpose of consuming alcohol.s 111A: Ins 2021 No 3, Sch 1[3].
112 Use or attempted use of a vehicle under the influence of alcohol or any other drug
(cf STM Act, s 12)
(1) A person must not, while under the influence of alcohol or any other drug—(a) drive a vehicle, or(b) occupy the driving seat of a vehicle and attempt to put the vehicle in motion, or(c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in or on a motor vehicle next to a learner driver who is driving the vehicle.Maximum penalty—(a) in the case of a first offence—30 penalty units or imprisonment for 18 months, or both, or(b) in the case of a second or subsequent offence—50 penalty units or imprisonment for 2 years, or both.(2) If a person is charged with an offence against subsection (1)—(a) the court attendance notice may allege the person was under the influence of more than one drug and is not liable to be dismissed on the ground of uncertainty or duplicity if each of those drugs is described in the court attendance notice, and(b) the offence is proved if the court is satisfied beyond reasonable doubt that the defendant was under the influence of—(i) a drug described in the court attendance notice, or(ii) a combination of drugs any one or more of which was or were described in the court attendance notice.Note—Division 1 of Part 7.4 provides for the disqualification of persons from holding driver licences for certain offences (including offences against this section).s 112: Am 2018 No 15, Sch 1 [4].
113 Detention of vehicle in certain cases
(cf STM Act, s 31)
(1) A police officer may take charge of and remove any vehicle in respect of which an offence against section 110 or 112 has been committed to any convenient place for safe keeping.(2) The court adjudicating may, if it is of the opinion that there was reasonable cause for any such taking charge, removal and safe keeping, order the costs, charges and expenses of it to be paid by the offender.(3) Subsection (1) extends to a police officer dealing with a vehicle in respect of which the offence that has been committed is subsequently determined to be an offence against section 111A.s 113: Am 2021 No 3, Sch 1[4].
114 Testing for alcohol and other drug use
(cf STM Act, Divs 3–5 and 7 of Pt 2)
Schedule 3 contains provisions relating to the procedures for, and the use of evidence obtained from, testing for alcohol or other drug use by drivers and other road users.
Part 5.2 Speeding and other dangerous driving
Division 1 Speeding and other dangerous driving offences
115 Races, attempts on speed records and other speed trials
(cf STM Act, s 40)
(1) A person must not organise, promote or take part in—(a) any race between vehicles on a road, or(b) any attempt to break any vehicle speed record on a road, or(c) any trial of the speed of a vehicle on a road, orunless the written approval of the Commissioner of Police to the holding or making of the race, attempt or trial has been obtained.(d) any competitive trial designed to test the skill of any vehicle driver or the reliability or mechanical condition of any vehicle on a road,Maximum penalty—30 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for 9 months or both (in the case of a second or subsequent offence).(2) The Commissioner of Police may—(a) grant or refuse approval to the holding or making of a race, attempt or trial referred to in subsection (1), and(b) impose any condition (whether of general or limited application) on the approval that the Commissioner considers necessary in the interests of public safety and convenience.Note—Part 7.8 allows a person aggrieved by a decision of the Commissioner of Police under this section to appeal to the Local Court against the decision.(3) A person taking part in (or the organiser or promoter) of any race, attempt or trial referred to in subsection (1) must comply with any condition imposed on an approval granted under subsection (2) in respect of the race, attempt or trial.Maximum penalty—20 penalty units.(4) If a person is convicted by a court of an offence against this section in relation to a motor vehicle or trailer—(a) except as provided by paragraph (b)—the person is disqualified from holding a driver licence by the conviction and without any specific order of a court for 12 months, or(b) if the court at the time of the conviction thinks fit to order a shorter or a longer period of disqualification—the person is disqualified from holding a driver licence for the period specified in the order.Note—Section 207 provides for the effect of a disqualification (whether or not by order of a court).(5) Any disqualification under this section is in addition to any penalty imposed for the offence.(6) This section does not apply to any test of the slow running of a vehicle.
116 Conduct associated with road and drag racing and other activities
(cf STM Act, s 41)
(1) A person must not operate a motor vehicle on a road in such a manner as to cause the vehicle to undergo sustained loss of traction by one or more of the driving wheels (or, in the case of a motor cycle, the driving wheel) of the vehicle.Maximum penalty—10 penalty units.(2) A person must not—(a) operate a motor vehicle contrary to subsection (1) knowing that any petrol, oil, diesel fuel or other inflammable liquid has been placed on the surface of the road beneath one or more tyres of the vehicle, or(b) do, or omit to do, any other thing that prolongs, sustains, intensifies or increases loss of traction as referred to in subsection (1), or(c) repeatedly operate a motor vehicle contrary to subsection (1), or(d) operate a motor vehicle contrary to subsection (1) at a time, or on a road in a place, knowing that there is an appreciable risk that operation of the vehicle in that manner at that time and place is likely to interfere with the amenity of the locality or the peaceful enjoyment of any person in the locality or make the place unsafe for any person in the locality, or(e) willingly participate in any group activity involving the operation of one or more vehicles contrary to subsection (1), or(f) organise, promote or urge any person to participate in, or view, any group activity involving the operation of one or more vehicles contrary to subsection (1), or(g) photograph or film a motor vehicle being operated contrary to subsection (1) for the purpose of organising or promoting the participation of persons in any such group activity.Maximum penalty—30 penalty units (in the case of a first offence) or 30 penalty units or imprisonment for 9 months or both (in the case of a second or subsequent offence).(3) It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant proves to the court’s satisfaction that the vehicle, although operated as referred to in subsection (1), was not so operated deliberately.(4) A person must not, on a road, engage in conduct prescribed by statutory rules made for the purposes of this section, being conduct associated with the operation of a motor vehicle for speed competitions or other activities specified or described in the statutory rules.Maximum penalty—5 penalty units.(5) Nothing in this section applies to the operation of a motor vehicle for the purposes of a race, attempt or trial undertaken in accordance with an approval given under section 115 by the Commissioner of Police.(6) In considering whether an offence has been committed under subsection (2)(d), the court is to have regard to all the circumstances of the case, including the following—(a) the nature and use of the road on which the offence is alleged to have been committed,(b) the nature and use of any premises in the locality of the road in which the offence is alleged to have been committed.(7) If a person is convicted by a court of an offence against subsection (2)(a), (b), (c) or (d) in relation to a motor vehicle—(a) except as provided by paragraph (b)—the person is disqualified from holding a driver licence by the conviction and without any specific order of a court for 12 months, or(b) if the court at the time of the conviction thinks fit to order a shorter or a longer period of disqualification—the person is disqualified from holding a driver licence for the period specified in the order.(8) Any disqualification under this section is in addition to any penalty imposed for the offence.s 116: Am 2017 No 46, Sch 1 [6].
117 Negligent, furious or reckless driving
(cf STM Act, s 42)
(1) A person must not drive a motor vehicle on a road negligently.Maximum penalty—(a) if the driving occasions death—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence), or(b) if the driving occasions grievous bodily harm—20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence), or(c) if the driving does not occasion death or grievous bodily harm—10 penalty units.(2) A person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public.Maximum penalty—20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence).(3) In considering whether an offence has been committed under this section, the court is to have regard to all the circumstances of the case, including the following—(a) the nature, condition and use of the road on which the offence is alleged to have been committed,(b) the amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road,(c) any obstructions or hazards on the road (including, for example, broken down or crashed vehicles, fallen loads and accident or emergency scenes).(4) In this section—grievous bodily harm includes any permanent or serious disfigurement.s 117: Am 2013 No 58, sec 3.
118 Menacing driving
(cf STM Act, s 43)
(1) Offence—intent to menace A person must not drive a motor vehicle on a road in a manner that menaces another person with the intention of menacing that other person.Maximum penalty—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).(2) Offence—possibility of menace A person must not drive a motor vehicle on a road in a manner that menaces another person if the person ought to have known that the other person might be menaced.Maximum penalty—20 penalty units or imprisonment for 12 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 18 months or both (in the case of a second or subsequent offence).(3) Application of section This section applies—(a) whether the other person is menaced by a threat of personal injury or by a threat of damage to property, and(b) whether or not that person or that property is on a road.(4) Defence A person is not guilty of an offence against this section if the person could not, in the circumstances, reasonably avoid menacing the other person.(5) Double jeopardy A person is not liable to be convicted of—(a) both an offence against subsection (1) and an offence against subsection (2), orarising out of a single incident.(b) both an offence against this section and an offence against section 117,
Division 2 Speed measuring evasion articles
119 Sale, purchase or use of prohibited speed measuring evasion articles
(cf STM Act, s 48)
(1) A person must not sell or offer for sale, or purchase, a prohibited speed measuring evasion article.Maximum penalty—20 penalty units.(2) A person must not drive a motor vehicle, or cause a motor vehicle or trailer to stand, on a road if a prohibited speed measuring evasion article is fitted or applied to, or carried in, the vehicle or trailer.Maximum penalty—20 penalty units.(3) The responsible person for a motor vehicle or trailer that is driven or stands on a road in contravention of subsection (2) is guilty of an offence.Maximum penalty—20 penalty units.(4) It is a defence to a prosecution for an offence against this section if the defendant proves to the court’s satisfaction that the article concerned was not designed as a prohibited speed measuring evasion article but was designed for another purpose.(5) It is a defence to a prosecution for an offence against subsection (2) or (3) if the defendant proves to the court’s satisfaction that, at the time of the alleged offence—(a) the vehicle was in the course of a journey to a place appointed by a police officer, an officer of Transport for NSW or a court, in order to surrender the article, or(b) the vehicle was the subject of a notice, issued in accordance with the statutory rules, requiring the responsible person for the vehicle to remove the article from the vehicle within a specified time and that time had not expired, or(c) the defendant did not know, and in the circumstances could not reasonably be expected to have known, that the article concerned was fitted or applied to, or was being carried in, the vehicle or trailer.
120 Surrender and forfeiture of prohibited speed measuring evasion articles
(cf STM Act, s 49)
(1) A police officer who reasonably believes that—(a) a prohibited speed measuring evasion article is being sold or offered for sale in contravention of section 119(1), ormay require a person in possession of the article to surrender it immediately to the police officer or, in the case of an article fitted or applied to a motor vehicle or trailer and not immediately removable, may by notice in writing served on the responsible person for the vehicle or trailer require the responsible person to surrender the article within a specified time and in a specified manner to the Commissioner of Police.(b) a motor vehicle or trailer is standing or being driven in contravention of section 119(2) because of an article fitted or applied to, or carried in, the motor vehicle or trailer,(2) An officer of Transport for NSW who is authorised in writing by Transport for NSW for the purposes of this section and who finds a prohibited speed measuring evasion article fitted or applied to, or carried in, a motor vehicle or trailer may, by notice in writing served on the responsible person for the motor vehicle or trailer, require the person to do either or both of the following—(a) remove the article (if it is fitted to the motor vehicle or trailer),(b) surrender the article within a specified time and in a specified manner to the Commissioner of Police.(3) A person must comply with a requirement under subsection (1) or (2), whether or not the person is the owner of the article concerned.Maximum penalty—20 penalty units.(4) A court that finds any person guilty of an offence against section 119 or under subsection (3) may order that the article concerned, if not already surrendered in compliance with a requirement under this section, be delivered to the Commissioner of Police within a time and in a manner specified by the court.(5) An article surrendered as required under this section is forfeited to the Crown and may be destroyed or otherwise disposed of at the direction of the Commissioner of Police.(6) No liability attaches to any person on account of the surrender by the person, in compliance with a requirement under this section, of a prohibited speed measuring evasion article of which that person is not the absolute owner.
Part 5.3 Traffic control and monitoring
Division 1 Interpretation
121 Definitions
(STM Act, s 50)
In this Part—camera device means a device that is capable of taking photographs (whether or not in the form of digitised, electronic or computer-generated images).dimension, in relation to a vehicle, means the length, width or height of the vehicle.installation of a prescribed traffic control device includes the painting or formation of any marks or structure that constitute, or form part of, the device.maximum dimension requirement, in relation to a vehicle, means a requirement concerning a maximum dimension for the vehicle.prescribed traffic control device means a sign, signal, marking, structure or other device to direct or warn traffic on a road (or part of a road) that is prescribed by the statutory rules for the purposes of this definition.speeding offence means an offence against this Act or the statutory rules of failing to obey a speed limit (including an average speed limit calculated in accordance with Division 3), and includes—(a) an offence against the Heavy Vehicle National Law (NSW) or the regulations in force for the purposes of that Law where the speed at which a heavy vehicle has travelled is relevant for the purpose of establishing that the offence has been committed, and(b) a speed limiter offence.means—(a) Transport for NSW, or(b) the Commissioner of Police, or(c) any other person (or person belonging to a class or description of persons) prescribed by the statutory rules for the purposes of this definition.s 121: Am 2013 No 71, Sch 2.2 [7]; 2017 No 61, Sch 1.2 [1].
Division 2 Use of prescribed traffic control devices
122 Appropriate authority for the purposes of this Division
(STM Act, s 51)
For the purposes of this Division, a person has appropriate authority to install or display (or to interfere with, alter or remove) a prescribed traffic control device if—(a) the person is a public authority that has been directed by Transport for NSW under Part 2A, Division 3 of Schedule 1 to the Transport Administration Act 1988 to install or display (or to interfere with, alter or remove) the device, or(b) the person is authorised in writing by Transport for NSW to install or display (or to interfere with, alter or remove) the device, or(c) the person is permitted or required to remove the device by or under section 124.Note—Part 2A, Division 3 of Schedule 1 to the Transport Administration Act 1988 enables Transport for NSW to give certain public authorities directions in respect of safety and traffic management.s 122: Am 2020 No 30, Sch 2.35.
123 Unauthorised prescribed traffic control devices
(STM Act, s 52)
(1) A person must not, without appropriate authority—(a) install or display a prescribed traffic control device on, above or near a road, or(b) interfere with, alter or remove any prescribed traffic control device installed or displayed on, above or near a road.Maximum penalty—20 penalty units.(2) A person must not install or display on, above or near a road any sign, signal, marking, structure or other device that might reasonably be mistaken to be a prescribed traffic control device.Maximum penalty—20 penalty units.
124 Removal of unauthorised prescribed traffic control devices
(STM Act, s 53)
(1) A traffic control authority (or a person authorised by any such authority) may direct any person who contravenes section 123 to remove, within a time specified by the authority when giving the direction, the sign, signal, marking, structure or other device in respect of which the contravention took place.(2) A person to whom a direction is given under subsection (1) must comply with the direction.Maximum penalty—20 penalty units.(3) Without affecting any liability of any person under section 123 or subsection (2), a traffic control authority may remove, or cause to be removed, any sign, signal, marking, structure or other device installed or displayed in contravention of section 123.
125 Cost of removal of prescribed traffic control device
(STM Act, s 54)
(1) A traffic control authority may, by proceedings brought in a court of competent jurisdiction, recover the expenses that the authority has incurred in exercising the functions conferred by section 124 as a debt from the person who (without appropriate authority) installed or displayed the sign, signal, marking, structure or other device concerned.(2) A certificate that is issued on behalf of a traffic control authority by a person prescribed by the statutory rules (or by a person belonging to a class of persons so prescribed) and that states that a specified amount represents the costs incurred by the authority in carrying out specified work or in taking specified action for the purposes of section 124, is admissible in any such proceedings and is prima facie evidence of the fact or facts so stated.
126 Prescribed traffic control devices generally presumed to be lawful
(STM Act, s 55)
In proceedings for an offence against this Act or the statutory rules (other than an offence against section 123(1)), a prescribed traffic control device that is installed or displayed on, above or near a road is conclusively presumed to have been lawfully installed or displayed there under this Act.
Division 3 Use of average speeds to prove speeding offences
127 Definitions
(cf STM Act, s 43A(10))
In this Division—approved certifier means—(a) in relation to certifying distances for the purposes of this Division—a registered land surveyor within the meaning of the Surveying and Spatial Information Act 2002, and(b) in relation to certifying any other matter for the purposes of this Division—a person (or a person belonging to a class of persons) authorised by Transport for NSW to issue certificates for the purposes of this Division.detection points means the different points on a road by reference to which the average speed of a heavy vehicle is proposed to be calculated for the purposes of this Division.journey time, in relation to a heavy vehicle between detection points, means the total time that elapsed between the heavy vehicle passing the first and last detection points.road does not include a road related area.shortest practicable distance between detection points on a road means the shortest distance between those points that a driver of a heavy vehicle could have used to travel between the points without contravening any road rules applicable to the driver under this Act.
128 When Division may be relied on
(cf STM Act, s 43A(1))
A person who brings proceedings for a speeding offence involving a heavy vehicle may, in accordance with this Division, rely on evidence of the average speed of the vehicle between detection points as evidence of the actual speed of the vehicle in order to establish the offence.
129 Evidence and other matters that may be relied on
(cf STM Act, s 43A(2) and (3))
(1) The following provisions apply in relation to proceedings for a speeding offence involving a heavy vehicle in which the person bringing the proceedings seeks to rely on evidence of the average speed of the vehicle—(a) the average speed of the heavy vehicle calculated in accordance with this Division is admissible and is prima facie evidence of the actual speed at which a driver of the vehicle drove the vehicle on a road between the detection points,(b) if there was more than one driver of the heavy vehicle between the detection points—each driver is taken to have driven the heavy vehicle at the average speed of the vehicle calculated in accordance with this Division, except as provided by subsection (2),(c) if more than one speed limit applied to a driver of the heavy vehicle between the detection points and the speeding offence is not a speed limiter offence—(i) the average speed limit for the driver on a road between the points calculated in accordance with this Division is taken (subject to section 133(2)) to be the speed limit that applied to the driver at all times on the road between those points, and(ii) a driver of (and any responsible person for) the vehicle may be dealt with under the road transport legislation accordingly,(d) the heavy vehicle and any of its drivers are, for the purposes of calculating the vehicle’s average speed and any average speed limit, taken to have travelled between the detection points by means of the shortest practicable distance between those points regardless of the actual route taken by any of the drivers between the points.(2) Subsection (1)(b) does not apply in relation to any driver of a heavy vehicle if the driver establishes any ground of exculpation prescribed by the statutory rules. The statutory rules may also provide for the kinds of evidence that may be used in connection with establishing any such ground of exculpation (for example, the provision of a statutory declaration).
130 How average speed is to be calculated
(cf STM Act, s 43A(4))
The average speed of a heavy vehicle between detection points is to be calculated in accordance with the following formula (and expressed in kilometres per hour rounded down to the next whole number)—%20AND%20(No%3D018)%20AND%20(Year%3D2013)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)
where—DT is the total shortest practicable distance (expressed in kilometres and rounded down to 2 decimal places) that could have been travelled by the vehicle on a road between the detection points.T is the journey time (expressed in seconds) of the vehicle between the detection points.
131 How average speed limit is to be calculated
(cf STM Act, s 43A(5))
The average speed limit for a driver of a heavy vehicle on a road between detection points in circumstances where more than one speed limit applied to the driver between those points is to be calculated in accordance with the following formula (and expressed in kilometres per hour rounded up to the next whole number)—%20AND%20(No%3D018)%20AND%20(Year%3D2013)%20AND%20(%22Historical%20Document%22%3D0))/g2.gif)
where—DT is the total shortest practicable distance (expressed in kilometres and rounded down to 2 decimal places) that could be travelled by the vehicle on a road between the detection points.D1, D2…Dn are each part of the total shortest practicable distance DT between the detection points (expressed in kilometres and rounded down to 2 decimal places) for the different speed limits S1, S2… Sn that would have applied to a driver of the vehicle between the detection points.S1, S2…Sn are each of the speed limits (expressed in kilometres per hour) that would have applied to a driver of the vehicle if the vehicle were travelling along the shortest practicable distance DT on a road between the detection points.
132 Certificate evidence concerning average speed calculations
(cf STM Act, s 43A(6))
Any certificates purportedly signed by an approved certifier for the matters concerned that certify any one or more of the following matters may be tendered in proceedings for a speeding offence involving a heavy vehicle in which the person bringing the proceedings seeks to rely on the vehicle’s average speed and are admissible in the proceedings and are prima facie evidence of any of the matters that are certified—(a) the shortest practicable distance, expressed in kilometres and rounded down to 2 decimal places, that could be travelled by a vehicle on a road between the detection points,(b) if more than one speed limit applied to a driver of a vehicle between the detection points (measured along that shortest practicable distance)—(i) each distance for which each speed limit applied to the driver, expressed in kilometres and rounded down to 2 decimal places, and(ii) the average speed limit calculated in accordance with this Division that applied to the driver between the points (including an average speed limit calculated in accordance with this Division using computer programs or electronic equipment),(c) the average speed calculated in accordance with this Division at which a vehicle travelled between the points (including an average speed calculated in accordance with this Division using computer programs or electronic equipment).
133 Relationship of Division with other laws
(cf STM Act, s 43A(7)–(9))
(1) This Division is in addition to, and does not derogate from, any other mode of proof of the speed of a heavy vehicle.(2) Without limiting subsection (1), a court in proceedings for a speeding offence in which the person bringing the proceedings is seeking to rely on evidence of the average speed of the vehicle may convict a person of the offence relying on evidence of the actual speed of the vehicle at a particular point of its journey between detection points (instead of evidence of an average speed or average speed limit) if the court is satisfied that—(a) evidence in the proceedings (other than evidence establishing the average speed) establishes the actual speed at which the driver was driving, and the actual speed limit that applied to the driver, at that point, and(b) the use of the actual speed and actual speed limit rather than the average speed (and, where relevant, the average speed limit) demonstrates that the driver exceeded the speed limit by a greater speed than that indicated by the use of the average speed or average speed limit.Note—Assume, for example, that the average speed of a heavy vehicle calculated in accordance with this Division between detection points is 120 kilometres per hour along a length of road for which the speed limit is 90 kilometres per hour. The use of the average speed of the vehicle indicates that the speed limit was exceeded by 30 kilometres per hour.Assume, as well, that a police officer also measured the speed of the vehicle at some point during the same journey at 130 kilometres per hour using an approved traffic enforcement device. Using the police officer’s measurement, the driver was exceeding the speed limit by 40 kilometres per hour at that point.A court in proceedings to which this Division applies may rely on evidence obtained by the police officer rather than the average speed to convict a person of the speeding offence.(3) For the avoidance of doubt, the validity of an immediate licence suspension notice given for a speeding offence may not be challenged or called into question in any proceedings only because the average speed that is relied on in proceedings or a penalty notice for the offence is less than a speed for which an immediate licence suspension notice may be issued.
Division 4 Approval of traffic enforcement devices
134 Approval of devices by Governor
(cf STM Act, ss 44, 45, 47A, 56, 57A and 57C)
(1) The Governor may, by order published in the Gazette, approve types of devices (or combinations of types of devices) as being designed for any one or more of the following uses—(a) measuring the speed at which a vehicle is travelling (whether or not the vehicle concerned is also photographed),(b) photographing a vehicle that is driven in excess of a speed limit applicable to a length of road,(c) photographing a vehicle at a point during its journey between different points on a road for use in calculating the vehicle’s average speed between those points,(d) photographing a vehicle that is driven in contravention of a traffic light signal displaying a red circle or a red arrow,(e) photographing a vehicle that is driven in a traffic lane on a road,(f) measuring the dimensions of a vehicle (whether or not the vehicle concerned is also photographed),(g) photographing a vehicle that is driven in contravention of a maximum dimension requirement,(h) photographing the driver of a vehicle using a mobile phone in contravention of the statutory rules,(i) photographing a driver or passenger in a vehicle who is not wearing a seatbelt in compliance with the statutory rules.Note—The Governor may amend, rescind, revoke or repeal an order made under this section. See section 43 of the Interpretation Act 1987 and the definition of repeal in that Act.(2) A camera device may not be approved for use under this section unless the device is capable of recording the following information on or with any photograph taken by the device—(a) the date on which the photograph is taken,(b) the time and location at which the photograph is taken,(c) the direction in which the vehicle activating the camera device is travelling (that is, towards or away from the device),(d) in the case of a device that photographs a vehicle that is driven in excess of the speed limit at a particular point on a length of road—(i) the speed at which the vehicle is travelling, and(ii) the speed limit that applies to the length of road at which the photograph is taken,(e) in the case of a device that photographs a vehicle driven in contravention of a traffic light signal—(i) the lane in which the vehicle activating the camera device is travelling, and(ii) the interval during which a red circle or red arrow has been continuously displayed by the traffic light signal immediately before the photograph is taken,(f) in the case of a device that photographs a vehicle that is driven in a traffic lane—(i) the lane in which a vehicle activating the camera device is travelling, and(ii) the kind of traffic lane in which a vehicle activating the camera device is travelling,(f1) in the case of a device that photographs a vehicle that is driven in contravention of a maximum dimension requirement—(i) the maximum dimension requirement applicable to the vehicle on the length of road on which it is travelling, and(ii) the dimension of the vehicle to which that requirement relates,(f2) in the case of a device that photographs the driver of a vehicle using a mobile phone in contravention of the statutory rules—the registration number of the vehicle,(f3) for a device that photographs a driver or passenger in a vehicle who is not wearing a seatbelt in compliance with the statutory rules—the registration number of the vehicle,(g) such other information as may be prescribed by the statutory rules (whether generally or for a specified kind of device or enforcement use).(3) The Minister may not recommend the making of an order by the Governor under this section approving the use of a device for measuring the speed at which a vehicle is travelling (other than an average speed) without the concurrence of the Attorney General.s 134: Am 2017 No 61, Sch 1.2 [2] [3]; 2018 No 15, Sch 1 [5] [6]; 2023 No 7, Sch 3.25[2]; 2023 No 51, Sch 1[1] [2].
Division 5 Use of evidence obtained from approved traffic enforcement devices
135 Definitions
(cf STM Act, ss 47(7), 47B(4), 57(1) and 57B(1); VR Act, s 22C(1))
(1) In this Division—appropriate inspection officer means—(a) in relation to an approved traffic enforcement device that measures the speed at which a vehicle is travelling but is not used in conjunction with, or as part of, a digital camera device—(i) a police officer, or(ii) a person authorised by the Commissioner of Police to test a device of that kind, or(b) in relation to any other kind of approved traffic enforcement device—a person (or a person belonging to a class of persons) authorised by Transport for NSW to install and inspect devices of the kind concerned.detectable traffic offence means any of the following kinds of offences—(a) a speeding offence,(b) a traffic light offence,(c) a public transport lane offence,(d) a dimension offence,(e) a mobile phone use offence,(f) a seatbelt offence.digital camera device means a camera device that is capable of recording photographs in the form of digitised, electronic or computer-generated images.dimension offence means an offence against this Act or the statutory rules (or the Heavy Vehicle National Law (NSW) or the regulations in force for the purposes of that Law) that involves driving a vehicle in contravention of a maximum dimension requirement applicable to the vehicle on a length of road.mobile phone use offence means an offence against the statutory rules involving the use of a mobile phone by the driver of a motor vehicle.public transport lane offence means an offence against this Act or the statutory rules that—(a) involves driving a vehicle in a traffic lane on a road that is dedicated by or under this Act (whether continuously or at particular times) primarily for the use of coaches regardless of whether certain other vehicles, such as emergency vehicles, are also permitted to use the lane, and(b) is of a kind prescribed by the statutory rules.seatbelt offence means an offence against the statutory rules involving the responsibility of a driver of a motor vehicle—(a) to wear a seatbelt properly, or(b) to ensure a passenger in the vehicle wears a seatbelt properly.traffic light offence means an offence against this Act or the statutory rules of contravening a traffic light signal displaying a red circle or a red arrow.means any of the following offences—(a) an offence against section 68 (Prohibition on using unregistered registrable vehicles),(a1) an offence against section 2.1 (Offence of using uninsured motor vehicle on road) of the Motor Accident Injuries Act 2017,(b) an offence against section 8 (Offence of using uninsured motor vehicle on road) of the Motor Accidents Compensation Act 1999,(c) an offence against the statutory rules involving a prohibited use of a registrable vehicle that is prescribed by the statutory rules for the purposes of this definition.(2) For the purposes of this Act—(a) an approved traffic enforcement device is approved for average speed detection if it is approved under section 134 for the use referred to in section 134(1)(c), and(b) an approved traffic enforcement device is approved for excess speed imaging if it is approved under section 134 for the use referred to in section 134(1)(b), and(c) an approved traffic enforcement device is approved for speed measurement if it is approved under section 134 for the use referred to in section 134(1)(a), and(d) an approved traffic enforcement device is approved for red traffic light detection if it is approved under section 134 for the use referred to in section 134(1)(d), and(e) an approved traffic enforcement device is approved for traffic lane use detection if it is approved under section 134 for the use referred to in section 134(1)(e), and(f) an approved traffic enforcement device is approved for dimension measurement if it is approved under section 134 for the use referred to in section 134(1)(f), and(g) an approved traffic enforcement device is approved for dimension imaging if it is approved under section 134 for the use referred to in section 134(1)(g), and(h) an approved traffic enforcement device is approved for mobile phone use offences if it is approved under section 134 for the use referred to in section 134(1)(h), and(i) an approved traffic enforcement device is approved for seatbelt offences if it is approved under section 134 for the use referred to in section 134(1)(i).s 135: Am 2017 No 10, Sch 5.11 [5]; 2017 No 61, Sch 1.2 [4]–[6]; 2018 No 15, Sch 1 [7]–[9]; 2023 No 51, Sch 1[3]–[5].
136 Evidence of speed recorded by speed measurement devices
(cf STM Act, s 47(1))
Evidence may be given in proceedings for a speeding offence of a measurement of speed obtained and recorded by an approved traffic enforcement device that is approved for speed measurement.
136A Evidence of vehicle dimension by dimension measurement device
Evidence may be given in proceedings for a dimension offence of a measurement of any vehicle dimensions obtained and recorded by an approved traffic enforcement device that is approved for dimension measurement.s 136A: Ins 2017 No 61, Sch 1.2 [7].
137 Certificates concerning reliability of speed measurement devices
(cf STM Act, s 46(1))
In proceedings for a speeding offence in which evidence is given of a measurement of speed obtained from an approved traffic enforcement device that is approved for speed measurement, a certificate purporting to be signed by an appropriate inspection officer for the device certifying the following matters is admissible and is prima facie evidence of those matters—(a) that the device is an approved traffic enforcement device that is approved for speed measurement,(b) that on a day specified in the certificate (being within the period prescribed by the statutory rules before the alleged time of the offence) the device was tested in accordance with the statutory rules and sealed by an appropriate inspection officer for the device,(c) that on that day the device was accurate and operating properly.
137A Certificates concerning reliability of dimension measurement devices
In proceedings for a dimension offence in which evidence is given of a measurement of any vehicle dimensions obtained from an approved traffic enforcement device that is approved for dimension measurement, a certificate purporting to be signed by an appropriate inspection officer for the device certifying the following matters is admissible and is prima facie evidence of those matters—(a) that the device is an approved traffic enforcement device that is approved for dimension measurement,(b) that on a day specified in the certificate (being within the period prescribed by the statutory rules before the alleged time of the offence) the device was tested in accordance with the statutory rules and sealed by an appropriate inspection officer for the device,(c) that on that day the device was accurate and operating properly.s 137A: Ins 2017 No 61, Sch 1.2 [8].
138 Admissibility of photographs taken by devices—generally
(cf STM Act, ss 47(2)–(5), 47B(1) and (2), 57(2) and (3) and 57B(2)–(4))
(1) In proceedings for a detectable traffic offence, any one or more photographs that are tendered in evidence on any of the following bases are admissible in the proceedings—(a) if the proceedings concern a speeding offence in which evidence of an average speed is relied on—photographs that are tendered as—(i) being photographs taken by means of the operation, on a day or days specified on the photographs, of approved traffic enforcement devices that are approved for average speed detection installed at the locations specified on the photographs, and(ii) if the photographs are taken by digital camera devices— each bearing a security indicator of a kind prescribed by the statutory rules,(b) in the case of proceedings for a speeding offence in which evidence of an average speed is not relied on—a photograph that is tendered as—(i) being taken by an approved traffic enforcement device that is approved for excess speed imaging on a day and at a location specified on the photograph, and(ii) if the photograph is taken by a digital camera device—bearing a security indicator of a kind prescribed by the statutory rules,(c) in the case of proceedings for a traffic light offence—a photograph that is tendered as—(i) being taken by means of the operation, on a day specified on the photograph, of an approved traffic enforcement device that is approved for red traffic light detection installed at a location specified on the photograph, and(ii) if the photograph is taken by a digital camera device—bearing a security indicator of a kind prescribed by the statutory rules,(d) in the case of proceedings for a public transport lane offence—a photograph or photographs that are tendered as—(i) being taken by means of the operation, on a day specified on the photograph or photographs, of an approved traffic enforcement device or devices that are approved for traffic lane use detection installed at a location or locations specified on the photograph or photographs, and(ii) if the photograph or photographs are taken by a digital camera device—each bearing a security indicator of a kind prescribed by the statutory rules,(e) in the case of proceedings for a dimension offence—a photograph that is tendered as—(i) being taken by means of the operation, on a day specified on the photograph, of an approved traffic enforcement device that is approved for dimension imaging installed at a location specified on the photograph, and(ii) if the photograph is taken by a digital camera device—bearing a security indicator of a kind prescribed by the statutory rules,(f) in the case of proceedings for a mobile phone use offence—a photograph that is tendered as—(i) being taken by means of the operation, on a day specified on the photograph, of an approved traffic enforcement device that is approved for mobile phone use offences, and(ii) if the photograph is taken by a digital camera device—bearing a security indicator of a kind prescribed by the statutory rules,(g) for proceedings for a seatbelt offence—a photograph that is tendered as—(i) being taken by means of the operation, on a day specified on the photograph, of an approved traffic enforcement device that is approved for seatbelt offences, and(ii) if the photograph is taken by a digital camera device—bearing a security indicator of a kind prescribed by the statutory rules.(2) If one or more photographs are tendered in evidence as referred to in subsection (1), a certificate purporting to be signed by an appropriate inspection officer in relation to the approved traffic enforcement device concerned that certifies the following matters is also to be tendered in evidence—(a) that the person is an appropriate inspection officer in relation to the device,(b) that on a day and at a time specified in the certificate (being within the period prescribed by the statutory rules, whether for a specified kind of device or generally, before the time recorded on the photograph or the earliest photograph as the time at which that photograph was taken), the person carried out the inspection specified in the certificate on the approved traffic enforcement device by means of which the photograph was taken,(c) that on that inspection the device was found to be operating correctly.(3) A single certificate may be tendered in proceedings for a public transport lane offence for the purposes of subsection (2) if more than one photograph taken by an approved traffic enforcement device is tendered in evidence, but only if—(a) each photograph is of the same vehicle, and(b) each photograph is taken on the same day at approximately the same time and at approximately the same location.(4) If a photograph is tendered in evidence in proceedings for a speeding offence involving a vehicle in which evidence of an average speed is not relied on, a certificate referred to in section 137 concerning the accuracy and reliability of the device used to measure the speed at which the vehicle was travelling must also be tendered along with the certificate required by subsection (2) in relation to the camera device that took the photograph.(5) A photograph tendered in evidence as referred to in subsection (1)—(a) is to be presumed to have been taken by the approved traffic enforcement device concerned unless evidence sufficient to raise doubt that it was so taken is adduced, and(b) if it is tendered on the basis that it bears a security indicator—is to be presumed to bear such a security indicator unless evidence that is sufficient to raise doubt that it does so is adduced, and(c) is prima facie evidence of the matters shown or recorded on the photograph.(6) Evidence that a photograph tendered in evidence as referred to in subsection (1) bears a security indicator of a kind prescribed by the statutory rules is prima facie evidence that the photograph has not been altered since it was taken.s 138: Am 2017 No 61, Sch 1.2 [9]; 2018 No 15, Sch 1 [10]; 2023 No 51, Sch 1[6].
139 Admissibility of photographs taken by devices—unauthorised vehicle use offences
(cf VR Act, s 22C(2)–(5))
(1) A photograph of a vehicle—(a) taken by an approved traffic enforcement device that is evidence under this Division of a detectable traffic offence, ormay also be tendered in evidence in proceedings for an unauthorised vehicle use offence involving the same vehicle.(b) taken by an approved toll camera that is evidence of a toll offence against section 250A of the Roads Act 1993,Note—For example, a photograph taken by an approved traffic enforcement device that is approved for red traffic light detection that is evidence of a traffic light offence against section 138(1)(c) may also be tendered in evidence in proceedings for an unauthorised vehicle use offence involving the same vehicle.(2) For this purpose, the provisions of this Division or section 250A of the Roads Act 1993 that apply in relation to the tendering, admission and use in evidence of a photograph for the detectable traffic offence or toll offence of which the photograph is also evidence are taken to extend to the tendering, admission and use in evidence of the photograph for the unauthorised vehicle use offence.Note—For example, a photograph of a vehicle taken by an approved traffic enforcement device that is approved for excess speed imaging may be tendered in evidence in proceedings for an unauthorised vehicle use offence by complying with the requirements of this Division concerning the tendering, admission and use in evidence of a photograph to prove a speeding offence.(3) Nothing in this section prevents a photograph taken by an approved traffic enforcement device being tendered and used in evidence both in proceedings for an unauthorised vehicle use offence and proceedings for a detectable traffic offence or toll offence.(4) In this section and section 139A—approved toll camera and toll offence have the same meanings as in section 250A of the Roads Act 1993.s 139: Am 2018 No 15, Sch 1 [11].
139A Admissibility of photographs taken by certain devices for mobile phone use offences and seatbelt offences
(1) This section applies if a photograph of a vehicle is taken by—(a) an approved traffic enforcement device that is evidence under this division of a detectable traffic offence, or(b) an approved toll camera that is evidence of a toll offence within the meaning of the Roads Act 1993, section 250A.(1A) The photograph may also be tendered in evidence in proceedings for a mobile phone use offence or a seatbelt offence involving the driver of the vehicle even if—(a) the photograph was not taken for the purposes of that offence, or(b) the approved traffic enforcement device was not a device approved for offences of that type.(2) For this purpose, the provisions of this Division or section 250A of the Roads Act 1993 that apply in relation to the tendering, admission and use in evidence of a photograph for the detectable traffic offence (for which the device is approved) or toll offence of which the photograph is also evidence are taken to extend to the tendering, admission and use in evidence of the photograph for the mobile phone use offence or seatbelt offence.(3) Nothing in this section prevents a photograph taken by an approved traffic enforcement device being tendered and used in evidence both in proceedings for a mobile phone use offence or seatbelt offence and proceedings for a detectable traffic offence (other than a mobile phone use offence or seatbelt offence) or toll offence.s 139A: Ins 2018 No 15, Sch 1 [12]. Am 2023 No 51, Sch 1[7]–[9].
140 Evidence of accuracy and reliability not required if certificate tendered
(cf STM Act, ss 46(2), 47(6), 47B(3), 57(4) and 57B(5))
If a certificate under this Division is tendered in proceedings for a detectable traffic offence, evidence—(a) of the accuracy or reliability of the approved traffic enforcement device concerned, oris not required in those proceedings unless evidence sufficient to raise doubt that, at the time of the alleged offence, the device was accurate, reliable and operating correctly is adduced.(b) as to whether or not the device operated correctly or operates correctly (generally or at a particular time or date or during a particular period),
141 Rebuttal of evidence concerning operation of approved traffic enforcement devices
(cf STM Act, s 73A)
(1) This section applies to the determination of whether evidence is sufficient to rebut prima facie evidence or a presumption, or to raise doubt about a matter, as referred to in section 137, 137A, 138, 140 or 164 and for the purposes of proceedings to which those sections apply.(2) An assertion that contradicts or challenges—(a) the accuracy or reliability, or the correct or proper operation, of an approved traffic enforcement device, oris capable of being sufficient, in proceedings to which this section applies, to rebut such evidence or such a presumption, or to raise such doubt, only if it is evidence adduced from a person who has relevant specialised knowledge (based wholly or substantially on the person’s training, study or experience).(b) the accuracy or reliability of information (including a photograph) derived from such a device,s 141: Am 2017 No 61, Sch 1.2 [10].
Part 5.4 Vehicle use and traffic safety
Division 1 Dangers and obstructions to traffic
142 Removal of dangers and obstructions to traffic
(cf STM Act, s 75)
(1) If a danger or obstruction to traffic on a road is caused by—(a) a vehicle that has been involved in an accident or has broken down, or(b) any thing that has fallen, escaped or been removed from a vehicle, oran appropriate officer may remove the vehicle, thing or container and take such other steps as may be necessary to protect the public and facilitate the free flow of traffic.(c) any container used for transporting materials or refuse (including a building skip),(2) The appropriate roads authority may, by proceedings brought in a court of competent jurisdiction, recover as a debt from the relevant person the expenses that the appropriate roads authority has incurred in exercising the functions conferred by this section.(3) A certificate that is issued on behalf of the appropriate roads authority by a person prescribed by the statutory rules, or by a person belonging to a class of persons so prescribed, being a certificate that states that—(a) a specified amount represents the costs incurred by the authority in carrying out specified work or in taking specified action for the purposes of this section, oris admissible in any such proceedings and is prima facie evidence of the fact or facts so stated.(b) a specified amount represents the costs incurred by the authority in relation to the exercise by an appropriate officer of a function under this section,(4) A person must not, without reasonable excuse—(a) fail to comply with any direction given to the person by an appropriate officer in exercising a function under subsection (1), or(b) obstruct a person who is authorised to remove a vehicle in accordance with this section.Maximum penalty—20 penalty units.(5) In this section—appropriate officer means—(a) an employee in the service of the appropriate roads authority authorised by that authority to exercise the powers conferred by this section, or(b) a police officer, or(c) a person of a class prescribed by the statutory rules who is authorised by the appropriate roads authority to exercise the functions of an appropriate officer under this section.means—(a) in relation to any road within a local government area—the council of that area, and(b) in relation to a classified road (within the meaning of the Roads Act 1993)—Transport for NSW, and(c) in relation to that part of a road used for the passage of light rail vehicles or as an access to light rail vehicles—Transport for NSW and the operator of the light rail system.relevant person means—(a) in relation to a vehicle—the person who had custody of the vehicle at the time of the accident or breakdown, or(b) in relation to any thing that has fallen, escaped or been removed from a vehicle—the person who had custody of the vehicle at the time of the fall, escape or removal, or(c) in relation to a container—the person who had custody of the container at the time it was placed in such a way as to cause danger or an obstruction to traffic.
143 Removal of unattended motor vehicles or trailers from certain places
(cf STM Act, s 76)
(1) Removal of vehicle endangering public or causing traffic congestion An appropriate officer may cause an unattended motor vehicle or trailer unlawfully standing on a prescribed place to be removed in accordance with this section if, in the opinion of the officer, the vehicle is causing, or unless removed is likely to cause, danger to the public or undue traffic congestion.(2) Removal of vehicle obstructing light rail vehicle An appropriate officer may cause an unattended motor vehicle or trailer unlawfully standing on any place to be removed in accordance with this section if, in the opinion of the officer, it is obstructing the passage of a light rail vehicle.(3) Removal of vehicle in accordance with this section A motor vehicle or trailer is removed in accordance with this section if it is removed to a nearby place at which, in the opinion of the appropriate officer concerned, the vehicle may lawfully stand without being likely to cause danger to the public or undue traffic congestion, or an obstruction to the passage of a light rail vehicle.(4) Payment of prescribed tow-away charge may be required If a motor vehicle or trailer—(a) is removed in accordance with this section, orTransport for NSW may require the responsible person for the vehicle or the person who left it unattended to pay to Transport for NSW the prescribed tow-away charge within a time specified by Transport for NSW.(b) is attached to a tow truck for the purpose of being removed under this section,(5) The responsible person for a vehicle is not required to pay the prescribed tow-away charge if the responsible person—(a) satisfies Transport for NSW that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or(b) supplies by statutory declaration to Transport for NSW the name and address of the person (not being the responsible person) who was in charge of the vehicle at all relevant times, or(c) satisfies Transport for NSW that the responsible person did not know and could not with reasonable diligence have ascertained such name and address.(6) A person must pay the prescribed tow-away charge within the time specified by Transport for NSW.Maximum penalty—10 penalty units.(7) A statutory declaration under subsection (5)(b), if produced in any proceedings against the person named in the declaration and in respect of the offence of failure to pay the prescribed tow-away charge, is admissible and is prima facie evidence that the person left the vehicle unattended on the prescribed place.(8) For the purposes of subsection (5)(a), the responsible person cannot rely on any police report stating that the vehicle was stolen or illegally taken or used at the relevant time unless the report indicates the time and date that it was made.(9) Establishment of special tow-away areas Transport for NSW may establish special tow-away areas for the purposes of this section.(10) Any such area may be established by order published in the Gazette, or by the erection of signs in or about the area concerned, or both.Note—Any such order may be amended, rescinded, revoked or repealed. See section 43 of the Interpretation Act 1987 and the definition of repeal in that Act.(11) If Transport for NSW establishes a special tow-away area, it is to cause a notice to be published in at least 2 newspapers circulating in the area to which the special tow-away area relates. The notice must describe or identify the special tow-away area, and specify the period for which the area concerned is to operate as a special tow-away area.(12) Definitions In this section—appropriate officer means—(a) an employee in the service of Transport for NSW authorised by Transport for NSW to exercise the powers conferred by this section, or(b) a police officer, or(c) a person, or a person of a class, who is authorised by Transport for NSW to exercise the functions of an appropriate officer under this section, but only in respect of the removal of unattended vehicles obstructing the passage of light rail vehicles, or(d) a person of a class prescribed by the statutory rules who is authorised by Transport for NSW to exercise the functions of an appropriate officer under this section.prescribed place means—(a) a road (or part of a road) prescribed by the statutory rules, or(b) a class of road (or part of a road) prescribed by the statutory rules, or(c) any road that is within a special tow-away area referred to in subsection (9).prescribed tow-away charge means a charge prescribed by the statutory rules for the purposes of this section.s 143: Am 2023 No 7, Sch 3.25[2].
144 Removal of vehicles—incidental provisions relating to towing
(cf STM Act, s 76A)
(1) If a motor vehicle or trailer is removed in accordance with this Division by a tow truck, the person operating or driving the tow truck may take such action as is reasonable or necessary to facilitate the towing of the vehicle or trailer in a manner that does the least damage to the vehicle or trailer. In taking any such action, the person is not liable for any damage to the vehicle or trailer that the person causes.Note—For example, a tow truck driver may need to break into an unattended motor vehicle that is causing an obstruction in order to release the hand brake and avoid doing serious damage to the vehicle’s transmission.(2) If a motor vehicle or trailer is removed in accordance with this Division by a tow truck, the person or body that authorised or caused the removal is not vicariously liable for any damage caused to the vehicle or trailer by the person operating or driving the tow truck.
Division 2 Traffic safety
145 Offences involving death, injury or damage resulting from unsafe loads
(cf STM Act, s 58)
(1) A person is guilty of an offence if—(a) the person knows, or ought reasonably to know, that a motor vehicle or trailer is loaded unsafely, and(b) the person drives or causes or permits the motor vehicle or trailer to be driven or to stand on a road, and(c) death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely.Maximum penalty—50 penalty units or imprisonment for 12 months or both (in the case of an individual) or 100 penalty units (in the case of a corporation).(2) The responsible person for a motor vehicle or trailer is guilty of an offence if—(a) the motor vehicle or trailer is loaded unsafely and is driven or stood on a road, and(b) the person knows, or ought reasonably to know, that the motor vehicle or trailer is loaded unsafely, and(c) death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely.Maximum penalty—50 penalty units or imprisonment for 12 months or both (in the case of an individual) or 100 penalty units (in the case of a corporation).(3) A person is guilty of an offence if—(a) the person is a director of, or a person concerned in the management of, a corporation that is the responsible person for a motor vehicle or trailer that is loaded unsafely and is driven or stood on a road, and(b) the person knows, or ought reasonably to know, that the motor vehicle or trailer is loaded unsafely, and(c) death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely.Maximum penalty—50 penalty units or imprisonment for 12 months or both (in the case of an individual) or 100 penalty units (in the case of a corporation).(4) It is a defence to a prosecution for an offence against this section if the defendant proves to the court’s satisfaction that the defendant was not in a position to prevent the motor vehicle or trailer from being driven or stood on a road while loaded unsafely.(5) For the purposes of this section, a motor vehicle or trailer is loaded unsafely if—(a) a load on the motor vehicle or trailer is placed in a way that makes the motor vehicle or trailer unstable or unsafe, or(b) a load on the motor vehicle or trailer is not secured in such a way that it is unlikely to fall or be dislodged from the motor vehicle or trailer, or(c) an appropriate method is not used to secure a load on the motor vehicle or trailer.(6) In proceedings for an offence against this section, it is sufficient to prove that a motor vehicle or trailer was loaded unsafely if the prosecution proves that the load on the vehicle or trailer was not placed, secured or restrained in a way that met the performance standards recommended in the following documents published by the National Transport Commission as in force from time to time—(a) in respect of heavy vehicles—the Load Restraint Guide 2018,(b) in respect of light vehicles—the Load Restraint Guide for Light Vehicles 2018.(7) In this section—motor vehicle includes a combination consisting of a motor vehicle connected to one or more vehicles.s 145: Am 2019 No 1, Sch 1.16 [2].
146 Offence of failing to stop and assist after impact causing injury
(cf STM Act, s 70)
(1) A person is guilty of an offence if—(a) a vehicle or horse being driven or ridden by the person on a road is involved in an impact occasioning the death of, or injury to, another person, and(b) the person knows, or ought reasonably to know, that the vehicle or horse has been involved in an impact occasioning injury to another person, and(c) the person fails to stop and give any assistance that may be necessary and that it is in the person’s power to give.Maximum penalty—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).(2) For the purposes of this section, the circumstances in which a vehicle is involved in an impact occasioning the death of, or injury to, a person include if the death or injury is occasioned through any of the following—(a) the vehicle overturning or leaving a road while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise),(b) an impact between any object and the vehicle while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise),(c) an impact between the person and the vehicle,(d) the impact of the vehicle with another vehicle or an object in, on or near which the person is at the time of the impact,(e) an impact with anything on, or attached to, the vehicle,(f) an impact with anything that is in motion through falling from the vehicle,(g) the person falling from the vehicle, or being thrown or ejected from the vehicle, while being conveyed in or on the vehicle (whether as a passenger or otherwise),(h) an impact between any object (including the ground) and the person, as a consequence of the person (or any part of the person) being or protruding outside the vehicle, while the person is being conveyed in or on the vehicle (whether as a passenger or otherwise).(3) For the purposes of this section, a vehicle is also involved in an impact occasioning the death of, or injury to, a person if—(a) the death or injury is occasioned through the vehicle causing an impact between other vehicles or between another vehicle and any object or person or causing another vehicle to overturn or leave a road, and(b) the prosecution proves that the vehicle caused the impact.(4) In this section—object includes an animal, building, structure, earthwork, embankment, gutter, stormwater channel, drain, bridge, culvert, median strip, post or tree.Note—Similar obligations are imposed on a person by section 52AB of the Crimes Act 1900 in relation to impacts causing death or grievous bodily harm.
Division 3 Unauthorised use of vehicles
147 Motor vehicles or trailers not to be used without owner consent
(cf Gen Act, s 249)
(1) A person must not use any motor vehicle or trailer without first obtaining the consent of the owner.Maximum penalty—20 penalty units.(2) This section does not apply to a police officer in the execution of the officer’s duty under the road transport legislation.
148 Procuring or hiring of motor vehicle or trailer by fraud or misrepresentation
(cf Gen Act, s 250)
(1) A person must not procure the use or hire of any motor vehicle or trailer by fraud or misrepresentation.Maximum penalty—20 penalty units.(2) A person must not aid or abet a person to procure the use or hire of any motor vehicle or trailer by fraud or misrepresentation.Maximum penalty—20 penalty units.
Part 5.5 Miscellaneous police powers relating to vehicles and traffic
pt 5.5: Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12).
Division 1 Regulation of traffic
pt 5.5, div 1: Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12, Divs 1, 2 (secs 185–188)).
148A Police may give reasonable directions for traffic regulation
A police officer may give reasonable directions for the safe and efficient regulation of traffic to any person driving a motor vehicle or riding a motorcycle on or near a road or road related area.Note—Rule 304 of the Road Rules 2014 makes it an offence to fail to obey a reasonable direction for the safe and efficient regulation of traffic given to a person by a police officer.pt 5.5, div 2 (ss 148A–148D): Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12, Divs 1, 2 (secs 185–188)).
148B Police may temporarily close road or road related area to traffic
(1) A police officer may—(a) close any road or road related area to traffic during any temporary obstruction or danger to traffic or for any temporary purpose, and(b) prevent the traffic of any vehicles, persons or animals in or on any road or road related area closed to traffic under paragraph (a) or under the authority of any other Act.(2) A person must not, without reasonable excuse, fail or refuse to comply with any direction of a police officer given in pursuance of a power conferred by this section.Maximum penalty—20 penalty units.pt 5.5, div 2 (ss 148A–148D): Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12, Divs 1, 2 (secs 185–188)).
Division 2 Other police powers relating to vehicles
pt 5.5, div 2 (ss 148A–148D): Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12, Divs 1, 2 (secs 185–188)).
(1) The Commissioner of Police may authorise the use by police officers of a device (a tyre deflation device) that causes the deflation of the tyres of a vehicle—(a) to enable police to stop or assist in the stopping of a vehicle in connection with the pursuit of the vehicle by police, or(b) to enable police to prevent the use of the vehicle by a person for the purpose of escaping from lawful custody or avoiding arrest.(2) Provision made by or under an Act that would operate to prohibit or restrict the placement or deployment on or near a road or road related area of a tyre deflation device does not apply to the placing or deploying of a tyre deflation device by a police officer acting in the exercise of his or her duties.pt 5.5, div 2 (ss 148A–148D): Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12, Divs 1, 2 (secs 185–188)).
148D Power of entry for tracing stolen motor vehicles or trailers or their parts
(cf Road Transport (General) Act 1999, s 50)
(1) A police officer authorised to do so by the Commissioner of Police may—(a) enter, at any time, any premises or place on which the business of carrying out repairs, resulting from accidents, to damaged motor vehicles or trailers is ordinarily carried on, and(b) inspect any motor vehicle or trailer (or part of a motor vehicle or trailer) that is found by the officer in or on those premises or that place for the purpose of ascertaining whether or not it is a stolen motor vehicle or trailer or part.(2) A person must not wilfully delay or obstruct a police officer in the exercise of the authority conferred by subsection (1).Maximum penalty—20 penalty units.pt 5.5, div 2 (ss 148A–148D): Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12, Divs 1, 2 (secs 185–188)).
Division 3 Powers to prevent intoxicated drivers from driving
pt 5.5, div 3: Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12, Div 3).
148E Power to prevent driving by persons who are under the influence of alcohol or other drugs
(1) If a police officer is of the opinion that a person who is driving (or about to drive) a motor vehicle is under the influence of alcohol or any other drug, or a combination of drugs, the police officer may—(a) prohibit the person from driving the vehicle while the person is under the influence of alcohol or that other drug or a combination of drugs, and(b) require the person to immediately hand over all ignition or other keys of the motor vehicle in the person’s actual possession—(i) to the police officer, or(ii) to another person in the company of the person who the police officer is satisfied is responsible and capable of exercising proper control of the motor vehicle, and(c) take such other steps as, in the opinion of the police officer, are necessary in order—(i) to immobilise the motor vehicle, or(ii) to remove the motor vehicle to a place of safety and detain it at that place.(2) If the police officer is of the opinion that the person concerned is under the influence of alcohol, the person is entitled to request that the person undergo a breath test in order to determine whether or not the person is under the influence of alcohol. If such a request is made, the police officer may not take any action under subsection (1) until the person undergoes the breath test.(3) Despite subsection (2), a police officer may take action under subsection (1) if the police officer reasonably suspects that the person is likely to abscond before undergoing the breath test.(4) Subsection (1) does not authorise the confiscation of any keys, or the immobilisation, removal or detention of any motor vehicle, for any period that is longer than necessary in the circumstances and in the interest of the person driving (or about to drive) or of any other person or of the public.s 148E: Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12 (sec 189)).
148EA Additional power to prevent driving by persons who are under the influence of alcohol or other drugs following failure to submit to (or pass) sobriety assessment
Without limiting the power of a police officer under section 148E(1), a police officer who arrests a person under clause 14 of Schedule 3 may prohibit the person from driving a motor vehicle for a period of 48 hours.s 148EA: Ins 2018 No 15, Sch 1 [13].
148F Power to prevent persons who are under the influence of alcohol or other drugs supervising learner drivers
(1) If a police officer is of the opinion that a person who was occupying a seat in a motor vehicle next to a holder of a learner licence while the holder of the learner licence was driving (or about to drive) the motor vehicle is under the influence of alcohol or any other drug, or a combination of drugs, the police officer may prohibit the person from occupying a seat in a motor vehicle next to a holder of a learner licence while the person is under the influence of alcohol or that other drug or a combination of drugs.(2) If the police officer is of the opinion that the person concerned is under the influence of alcohol, the person is entitled to request that the person undergo a breath test in order to determine whether or not the person is under the influence of alcohol. If such a request is made, the police officer may not take any action under subsection (1) until the person undergoes the breath test.(3) Despite subsection (2), a police officer may take action under subsection (1) if the police officer reasonably suspects that the person is likely to abscond before undergoing the breath test.ss 148F–148K: Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12 (secs 189A–192)).
148G Power to prevent driving by persons who have failed oral fluid test or refused or failed to undergo oral fluid test or refused to provide oral fluid sample
(1) A police officer may exercise the powers referred to in subsection (2) in respect of a person who is driving (or about to drive) a motor vehicle if the person has—(a) undergone an oral fluid test and the test has indicated that one or more prescribed illicit drugs may be present in the person’s oral fluid, or(b) refused or failed to undergo an oral fluid test, or(c) refused or failed to provide an oral fluid sample in accordance with the directions of a police officer.(2) A police officer may—(a) prohibit the person from driving a motor vehicle for a period of 24 hours, and(b) require the person to immediately hand over all ignition or other keys of the motor vehicle in the person’s actual possession—(i) to the police officer, or(ii) to another person in the company of the person whom the police officer is satisfied is responsible and capable of exercising proper control of the motor vehicle, and(c) take such other steps as, in the opinion of the police officer, are necessary in order—(i) to immobilise the motor vehicle, or(ii) to remove the motor vehicle to a place of safety and detain it at that place.(3) In this section—oral fluid test has the same meaning as in Schedule 3.ss 148F–148K: Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12 (secs 189A–192)).
148H Power to prevent persons who have failed oral fluid test or refused or failed to undergo oral fluid test or refused to provide oral fluid sample supervising learner drivers
(1) A police officer may exercise the power referred to in subsection (2) in respect of a person who was occupying a seat in a motor vehicle next to a holder of a learner licence while the holder of the learner licence was driving (or about to drive) the motor vehicle if the person has—(a) undergone an oral fluid test and the test has indicated that one or more prescribed illicit drugs may be present in the person’s oral fluid, or(b) refused or failed to undergo an oral fluid test, or(c) refused or failed to provide an oral fluid sample in accordance with the directions of a police officer.(2) A police officer may prohibit the person from occupying a seat in a motor vehicle next to a holder of a learner licence for a period of 24 hours.(3) In this section—oral fluid test has the same meaning as in Schedule 3.ss 148F–148K: Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12 (secs 189A–192)).
148I Detention of keys or vehicles may be continued
(1) It is lawful for a police officer to retain any keys that are confiscated under section 148E or 148G, or for any motor vehicle to be immobilised or detained under either of those sections, until such time as—(a) the return of the keys or the motor vehicle is requested by—(i) in relation to a power exercised by a police officer under section 148E—any person, or(ii) in relation to a power exercised by a police officer under section 148G—any person (other than the person referred to in section 148G(1)), and(b) the police officer to whom the request is made—(i) is satisfied that the person making the request is capable of exercising proper control of the motor vehicle, or(ii) is informed by a medical practitioner (not being the person making the request) that the person making the request is not under the influence of alcohol or any other drug.(2) However, the person making the request is entitled to possession of the keys or motor vehicle concerned only if the police officer is satisfied that the person is entitled to lawful possession of the motor vehicle.(3) If the keys or motor vehicle are not returned within 24 hours after such a request is made, the person may apply to the Local Court for an order for the keys or motor vehicle to be returned to the person.ss 148F–148K: Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12 (secs 189A–192)).
148J Offence to contravene prohibition or requirement
(1) A person must not—(a) fail or refuse to comply with any prohibition or requirement made by a police officer under this Division, or(b) attempt in any manner to obstruct a police officer in the exercise of any power conferred on the police officer under this Division.Maximum penalty—10 penalty units.(2) A court may find a person guilty of an offence under this section only if the court is satisfied that the police officer had reasonable grounds for believing that, in the circumstances, the action taken by the police officer was necessary in the interests of the person or of any other person or of the public.ss 148F–148K: Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12 (secs 189A–192)).
148K Expenses incurred in connection with Division
Any expenses incurred in connection with the immobilisation, removal or detention of a motor vehicle under this Division may be recovered from the person who was driving (or about to drive) the vehicle, or from the owner of the vehicle, as a debt in a court of competent jurisdiction.ss 148F–148K: Ins 2014 No 31, Sch 3 [54] (transferred from the Law Enforcement (Powers and Responsibilities) Act 2002 No 103, Part 12 (secs 189A–192)).
Part 5.6 Automated vehicle trials
pt 5.6: Ins 2017 No 41, Sch 1 [1].
148L Definitions
In this Part—approved person—see section 148N.approved trial means a trial of automotive technology for which the approval of the Minister has been given under this Part.automotive technology means technology related to advances in the design or construction of motor vehicles, including technology related to the use of highly or fully automated vehicles.trial approval, trial area, trial period and trial vehicle—see section 148N.vehicle supervisor—see section 148Q.ss 148L–148T: Ins 2017 No 41, Sch 1 [1].
148M Objects of Part
The objects of this Part are—(a) to enable the Minister to approve trials of the use of a vehicle on roads in circumstances that would not otherwise be permitted because the vehicle is a highly or fully automated vehicle and therefore may not have a human driving the vehicle some or all of the time, and(b) to ensure that adequate insurance is in place to cover any personal injury or property damage that may arise during the course of a trial, and(c) to provide for the modification of references in laws to the driver or person in charge of a vehicle that is highly or fully automated.ss 148L–148T: Ins 2017 No 41, Sch 1 [1].
148N Approval of trials
(1) A person may apply to the Minister for approval for the use on a road of a vehicle (the trial vehicle) in circumstances that would not otherwise be lawful but only if the use of the trial vehicle is for the purposes of a trial of automotive technology. The Minister may approve a trial vehicle by reference to a specific vehicle or by reference to a class of vehicles.(2) The Minister may, by order published in the Gazette, approve the use of the trial vehicle by the applicant (the approved person) in the manner and circumstances specified in the order.(3) The approval of the Minister (the trial approval) must identify the roads on which the trial vehicle may be used (the trial area). The trial area may be all roads in the State.(4) The trial approval must also specify the period of the trial (the trial period). The Minister may, by notice in writing to the approved person, extend the trial period at any time.(5) The trial approval is subject to any conditions imposed by this Part, the statutory rules or the Minister.(6) The Minister may, by notice in writing to the approved person, impose a condition on a trial approval at any time.(7) The Minister may take into account approvals of trials for automated vehicles granted by other States or Territories in determining whether to grant a trial approval.(8) An approved person must ensure that a trial vehicle is not used except in accordance with a trial approval, including any conditions to which the approval may be subject.Maximum penalty—100 penalty units.(9) The Minister may, by notice in writing to the approved person, revoke or suspend a trial approval at any time and for any reason including if the Minister is of the opinion that—(a) the approved person has not complied with the approval, or(b) it is not safe to continue the trial, or(c) it is no longer in the public interest to continue the trial.ss 148L–148T: Ins 2017 No 41, Sch 1 [1].
148O Registration of trial vehicles
(1) The Minister is to determine whether a trial vehicle, for the purposes of the trial—(a) is to be registered, or(b) requires an unregistered vehicle permit, or(c) is to be unregistered.(2) The Minister may, if the Minister determines that the trial vehicle is to be registered or requires an unregistered vehicle permit, direct Transport for NSW to register the vehicle or to issue an unregistered vehicle permit for the use of the vehicle.(3) Transport for NSW must, despite any other provision of this Act, comply with any such direction.(4) Registration or a permit issued under this section in respect of a trial vehicle has effect only during the trial period and only in the trial area.(5) More than one direction may be given under this section in respect of the same trial vehicle.(6) A trial vehicle may be used on a road in the trial area during the trial period without being registered and without requiring an unregistered vehicle permit if the Minister determines that the trial vehicle may be used in such a way and while it is being used in that way, the trial vehicle is—(a) taken to be a registrable vehicle exempted from registration under this Act, and(b) taken, for the purposes of the Motor Accident Injuries Act 2017, to be subject to an unregistered vehicle permit.ss 148L–148T: Ins 2017 No 41, Sch 1 [1].
148P Insurance
(1) It is a condition of a trial approval that—(a) a third-party policy (within the meaning of the Motor Accident Injuries Act 2017) is in force for the trial vehicle at all times during the trial period, or(b) arrangements have been made to the satisfaction of the Minister for the indemnification of the Nominal Defendant under that Act for any claims arising during the trial period as a result of the trial vehicle not being an insured motor vehicle (approved arrangements).(2) Section 2.1 of the Motor Accident Injuries Act 2017 does not apply to the use of a trial vehicle that is subject to approved arrangements and section 2.37(3) of that Act does not prevent the Nominal Defendant from recovering an amount under approved arrangements.(3) Division 2.3 of the Motor Accident Injuries Act 2017 does not apply to an insurance premium for a third-party policy for a trial vehicle and the premium is instead to be the premium agreed between the licensed insurer (within the meaning of that Act) and the approved person.(4) It is a condition of a trial approval that the approved person ensure that a policy of public liability insurance is in force that covers damage caused by, or arising out of, the use of the trial vehicle. The public liability insurance must be for at least $20 million or such larger amount as the Minister may require in a particular case.(5) The Minister may, as a condition of a trial approval, require the approved person to ensure that any other policy of insurance is in force for the purposes of the trial.(6) The Minister is to suspend or revoke a trial approval if the requirements of this section are not met at any time during the trial period.ss 148L–148T: Ins 2017 No 41, Sch 1 [1].
148Q Vehicle supervisor
(1) It is a condition of a trial approval (unless the Minister determines otherwise) that the approved person must ensure that a person (the vehicle supervisor) is in the trial vehicle at all times during which the vehicle is in use.(2) The vehicle supervisor must hold a current Australian driver licence (not being a probationary licence, conditional licence, restricted licence, provisional licence, learner licence or driver licence receipt) that is of an appropriate class having regard to the trial vehicle type or must hold such other licence as the Minister may approve.(3) The vehicle supervisor must be approved in writing by the Minister in respect of the trial vehicle.(4) Division 2 of Part 5.1 and Division 3 of Part 5.5 apply to a vehicle supervisor in a trial vehicle in the same way as those Divisions apply to a person occupying the seat in a motor vehicle next to a learner driver who is driving (or about to drive) the vehicle.(5) It is a condition of a trial approval under which a vehicle supervisor is required to be in a trial vehicle that the approved person must ensure that the vehicle supervisor is in a position to take control of the trial vehicle at any time or to stop the trial vehicle in an emergency or if required to do so by an authorised officer.ss 148L–148T: Ins 2017 No 41, Sch 1 [1].
148R Provision of information
(1) It is a condition of a trial approval that the approved person must notify the Minister in writing of any of the following occurring during the course of an approved trial—(a) a trial vehicle colliding with a person, another vehicle or any road infrastructure,(b) an accident or incident associated with a trial vehicle that has, or could have, caused significant property damage, serious injury or death,(c) an accident or incident of a kind that is prescribed by the statutory rules for the purposes of this section.(2) It is a condition of a trial approval that the approved person must, if requested in writing to do so by the Minister, provide any information in relation to the trial as may be requested by the Minister in the time and in the form specified in the request.(3) The Minister may, despite any other Act or law, provide any information obtained by the Minister under this section to any person or body if the Minister considers it reasonable to do so for the purposes of law enforcement or road safety.ss 148L–148T: Ins 2017 No 41, Sch 1 [1].
148S Meaning of driver or person in charge of automated vehicle
(1) The Minister may, by order published on the NSW legislation website, specify how references (in this or any other Act or law) to the driver, or to the person in charge, of a vehicle are to be construed in the case of the use of a highly or fully automated trial vehicle as part of an approved trial.(2) The Minister may specify that any such reference is taken to be a reference to any one or more of the following—(a) no person,(b) the vehicle supervisor,(c) the approved person,(d) the owner of the trial vehicle,(e) a person prescribed by the statutory rules.(3) In making an order under this section, the Minister is to take into consideration the level of automation of the trial vehicle.(4) An order under this section may specify different persons in different circumstances.(5) Unless the Minister makes an order that provides otherwise, any reference in any Act or law to the driver of a vehicle or the person in charge of a vehicle is, in the case of a trial vehicle in which there is a vehicle supervisor, taken to be a reference to the vehicle supervisor.(6) The Minister is to enter into arrangements with the Minister administering the Motor Accident Injuries Act 2017 to ensure that consultation takes place about orders made under this section with respect to—(a) Chapter 4 (Vehicle registration) of this Act, or any statutory rules made for the purposes of that Chapter, orand the Minister must, before making any such order, be satisfied that consultation has taken place in accordance with those arrangements.(b) any Act or instrument administered by the Minister administering the Motor Accident Injuries Act 2017,(7) A person who is taken to be the driver of a vehicle is, when the vehicle is in operation, also taken to be driving the vehicle.ss 148L–148T: Ins 2017 No 41, Sch 1 [1].
148T Offence of interfering with a trial or a trial vehicle
A person must not, without reasonable excuse, hinder or obstruct the movement of a trial vehicle in an approved trial or interfere (whether physically or in any other way, such as by blocking an electronic signal) with a trial vehicle or any other equipment being used for the purposes of an approved trial.Maximum penalty—100 penalty units.ss 148L–148T: Ins 2017 No 41, Sch 1 [1].
148U Delegation
The Minister may delegate the exercise of any function of the Minister under this Part (other than this power of delegation) to Transport for NSW.s 148U: Ins 2017 No 41, Sch 1 [1]. Am 2020 No 30, Sch 4.85[10].
148V Statutory rules may make provision for approved trials
The statutory rules may make provision for or with respect to approved trials including, but not limited to, the following—(a) the identification of trial vehicles,(b) notification, by signage or otherwise, to members of the public and other road users about approved trials,(c) the skills or qualifications required to be a vehicle supervisor,(d) any requirements for vehicle supervisors to carry and produce identification,(e) the records to be kept and the provision of those records to the Minister and to other persons,(f) the confidentiality of information,(g) the privacy of any personal information collected,(h) the waiver of fines and demerit points incurred by persons.s 148V: Ins 2017 No 41, Sch 1 [1].
Chapter 6 Road transportation
Part 6.1 Monitoring of heavy vehicles and vehicles carrying dangerous goods
149 Definitions
(cf STM Act, s 59)
(1) In this Part—applicable motor vehicle means a motor vehicle to which this Part applies.approved means approved by Transport for NSW.automatic data, in relation to a journey made by a motor vehicle, means recordings (made by mechanical or electronic means, or by both of those means, in an approved form, and to an approved degree of accuracy) of—(a) the lengths of time for which the vehicle is driven, and for which it is standing, during the journey, and(b) the speeds at which the vehicle is driven (measured continuously or at approved intervals) during the journey, andbeing recordings made by a monitoring device.(c) the distance travelled during each period when the vehicle is driven during the journey,manual data, in relation to a journey made by a motor vehicle, means recordings made by hand of—(a) the date, time and place of commencement, and of completion, of the journey, and(b) the times at which the vehicle is driven, and at which it is standing, during the journey, and(c) the name of each driver, and the times at which each driver was in charge of the vehicle, during the journey, and(d) the registration number of the vehicle, and(e) the name of each person making each of those recordings.monitoring device means a device which, when fitted to a motor vehicle, is capable of producing automatic data for a journey made by the vehicle.motor vehicle includes a trailer.prescribed officer means a person who is—(a) employed—(i) by Transport for NSW, or(ii) as an inspector under the Explosives Act 2003 or the Work Health and Safety Act 2011, or(iia) by the National Heavy Vehicle Regulator established under the Heavy Vehicle National Law (NSW), section 656, or(iii) in some other capacity prescribed by the statutory rules, and(b) authorised for the purposes of this Part by the statutory rules.vehicle movement record, in relation to a journey made by a vehicle, means a record, in durable and graphic form, consisting of—(a) manual data for the journey, and(b) either—(i) corresponding automatic data for the journey produced by a monitoring device, except where subparagraph (ii) applies, or(ii) where the automatic data is stored electronically in a monitoring device—a graphic representation, produced by an approved method, of that data.(2) The statutory rules may prescribe the manner in which Transport for NSW may signify any approval for the purposes of this Part.s 149: Am 2021 No 9, Sch 3.3.
150 Application of this Part
(cf STM Act, s 60)
(1) This Part applies to—(a) any motor vehicle (being a coach, a motor vehicle that has a GVM exceeding 13.9 tonnes or a motor vehicle and trailer combination that has a GCM exceeding 13.9 tonnes) of a class or description prescribed by the statutory rules, except in such circumstances as may be so prescribed, and(b) any motor vehicle which, because it carries dangerous goods within the meaning of the Dangerous Goods (Road and Rail Transport) Act 2008 is required by regulations under that Act, or under any code prescribed for the purposes of this paragraph by statutory rules under this Act, to be identified with a placard.(2) This Part applies to vehicles, drivers and responsible persons for vehicles whether or not—(a) the vehicles are registered in this jurisdiction, or(b) the drivers hold driver licences issued in this jurisdiction, or(c) the responsible persons ordinarily reside (or, being corporations, are incorporated or have their principal places of business) in this jurisdiction.s 150: Am 2021 No 22, Sch 5.12[3]
151 Vehicles to be fitted with monitoring devices in working order
(cf STM Act, s 61)
(1) An applicable motor vehicle is not to be used on any journey made wholly or partly on a road in this jurisdiction unless—(a) a monitoring device is fitted to the vehicle, and(b) the device is producing automatic data for the journey.(2) If a vehicle is used in contravention of this section, the responsible person for the vehicle is guilty of an offence.Maximum penalty—50 penalty units.
152 Vehicle movement record to be preserved
(cf STM Act, s 62)
(1) A vehicle movement record relating to each journey commenced, on or after the commencement of this section, by a vehicle to which this Part applies is to be preserved for a period of at least 12 months after the date of commencement of the journey.(2) If this section is not complied with, the responsible person for the vehicle is guilty of an offence.Maximum penalty—50 penalty units.
153 Vehicle movement record to be carried by driver
(cf STM Act, s 63)
(1) An applicable motor vehicle must not be used for any journey made wholly or partly on a road or roads unless a duly completed vehicle movement record is carried, in accordance with this section, by the driver of the vehicle at all times while the vehicle is in this jurisdiction during the journey.(2) The record that must be carried on any day is to relate to any journey or part of a journey made by the vehicle, whether in or outside this jurisdiction, during the period of 14 days immediately preceding that day.(3) If a vehicle is used in contravention of this section, the responsible person for, and the driver of, the vehicle are each guilty of an offence and are each liable to a penalty not exceeding 50 penalty units.(4) It is a defence to a prosecution for an offence against this section if the defendant proves to the court’s satisfaction—(a) that the monitoring device fitted to the vehicle was of a type that stores automatic data electronically, and(b) that the compilation of the vehicle movement record required to be carried by the driver on the date of the alleged offence would have required the production of a graphic representation of data which, on that date, was stored in the monitoring device, and(c) that, in the circumstances of the case, the required record could not reasonably be expected to have been compiled by that date.(5) Nothing in this section requires the carriage of a vehicle movement record relating to the use, before the commencement of this section, of any vehicle.
154 Inspection of monitoring devices and records carried on vehicles
(cf STM Act, s 64)
(1) A police officer may inspect any applicable motor vehicle in order to ascertain—(a) whether a monitoring device is fitted to the vehicle, and(b) whether any device so fitted appears to be operating correctly.(2) For the purposes of an inspection under subsection (1), a police officer may require the driver to operate the vehicle and to co-operate in any other manner reasonably necessary to facilitate the inspection.(3) A prescribed officer may—(a) require the driver of an applicable motor vehicle to produce for inspection—(i) the driver’s licence to drive the vehicle (whether issued in this jurisdiction or elsewhere), and(ii) any record required by this Part or the statutory rules to be carried by the driver of the vehicle during the journey, and(iii) any record carried by the driver in connection with the business to which the journey relates, and(b) make copies of, or take extracts from, any such record, and(c) make reasonable inquiries of the driver concerning any entries in any such record that are made by the driver.(4) For the purposes of this section, any of the following persons may, by any reasonably clear signal, require the driver of any applicable motor vehicle to stop and park the vehicle—(a) a police officer wearing a police uniform,(b) a prescribed officer identifying himself or herself in the manner required by the statutory rules.(5) A police officer or a prescribed officer may require a vehicle and its driver to stay for such time as is reasonably necessary for the exercise of a power conferred on the officer by this section.(6) A person must not—(a) obstruct or hinder a police officer or a prescribed officer in the exercise of a power conferred by this section, or(b) fail to comply with a requirement made under this section.Maximum penalty—50 penalty units.
155 Seizure of monitoring devices and records
(cf STM Act, s 65)
(1) A police officer may disconnect and take and retain possession of a monitoring device that is fitted to an applicable motor vehicle, together with any automatic data stored in the device if—(a) the vehicle has been involved in an accident in which any person was killed, or(b) the police officer reasonably believes that the monitoring device or any part of its mechanism has been improperly interfered with, or(c) the police officer reasonably believes that the driver has committed a major offence involving the vehicle during the journey then being undertaken by the vehicle.(2) A police officer or a prescribed officer may take and retain possession of any record carried, pursuant to a requirement of this Part or the statutory rules, by the driver of an applicable motor vehicle if the officer reasonably believes that—(a) false entries have been made in the record, or(b) the record is unlawfully in the possession of the driver, or(c) the record does not relate to the vehicle concerned.(3) A police officer or a prescribed officer may take and retain possession of any document which the driver of an applicable motor vehicle represents to be a record required by this Part or the statutory rules to be carried by the driver but which the officer reasonably believes is not such a record.(4) A person must not obstruct or hinder a police officer or a prescribed officer in the exercise of a power conferred by this section.Maximum penalty—50 penalty units.
156 Production of records by responsible persons
(cf STM Act, s 66)
(1) Transport for NSW may, by notice in writing served on any responsible person for an applicable motor vehicle, require the person to produce vehicle movement records to Transport for NSW.(2) The notice may require the production of—(a) all vehicle movement records relating to journeys undertaken in the vehicle during the 12 months preceding the date of service of the notice, or(b) such of those records as the notice specifies.(3) The notice is not complied with if the records are not produced at a place, and within a time, specified by the notice.(4) The responsible person for a vehicle must comply with a notice under this section.Maximum penalty—50 penalty units.(5) Vehicle movement records produced to Transport for NSW, whether in compliance with a notice under this section or otherwise, may be retained by Transport for NSW for analysis, and while they are so retained, the responsible person for the vehicle is exempted from the requirements of any further notice under this section in relation to them.(6) A notice under this section does not require the production of a vehicle movement record being carried by the driver of a vehicle in accordance with a requirement of this Part.
157 Tampering with monitoring devices or vehicle movement records
(cf STM Act, s 67)
(1) A person must not adjust any part of the mechanism of a monitoring device, fitted to an applicable motor vehicle, in such a manner that the accuracy of a vehicle movement record for the vehicle will be reduced.Maximum penalty—50 penalty units.(2) A person must not make any false entry in, or otherwise falsify, a vehicle movement record.Maximum penalty—50 penalty units.(3) Without limiting any power conferred on Transport for NSW by or under this Act, Transport for NSW may cancel the driver licence or licences of a person who commits an offence against this section.
158 Exemptions
(cf STM Act, s 68)
(1) Transport for NSW may, in accordance with the statutory rules, exempt any person or vehicle or any class of persons or vehicles from the operation of all or any of the provisions of this Part.(2) An exemption—(a) may be absolute or subject to conditions, and(b) if subject to conditions, has effect only while the conditions are observed.
159 Evidence of vehicle movement record
(cf STM Act, s 69)
(1) A vehicle movement record is not admissible in evidence in any criminal proceedings unless—(a) the proceedings are proceedings for—(i) an offence against section 157, or(ii) aiding, abetting, counselling or procuring the commission of an offence against that section, or(iii) a major offence, or(b) the record is adduced by the defendant.(2) Nothing in this section affects the admissibility in any civil proceedings of a vehicle movement record.
Part 6.2 Speed limiting of heavy vehicles
160 Definition
(cf STM Act, s 69A)
In this Part—speed limiter compliant, in relation to a vehicle, means that the speed at which the vehicle is capable of being driven is limited, in the manner prescribed by the statutory rules for the purposes of this Part, to not more than 100 kilometres per hour.
161 Application of Part
(cf STM Act, s 69B)
(1) This Part applies to the vehicles prescribed by the statutory rules for the purposes of this Part.(2) This Part applies to vehicles and the drivers of, and responsible persons for, vehicles whether or not—(a) the vehicles are registered in this jurisdiction, or(b) the drivers hold driver licences issued in this jurisdiction, or(c) the responsible persons ordinarily reside (or, being corporations, are incorporated or have their principal places of business) in this jurisdiction.
162 Vehicles to be speed limited
(cf STM Act, s 69C)
(1) The responsible person for a vehicle to which this Part applies is guilty of an offence unless the vehicle is speed limiter compliant when the vehicle is being driven on a road.Maximum penalty—30 penalty units (in the case of an individual) and 150 penalty units (in the case of a corporation).(2) In proceedings for an offence against this section, proof that the vehicle concerned was driven on a road at a speed of more than 115 kilometres per hour is admissible and is prima facie evidence that the vehicle was not speed limiter compliant at the time that it was travelling at that speed.(3) It is a defence to a prosecution for an offence against this section if the defendant proves—(a) that the vehicle was, at the time of the alleged offence, a stolen vehicle or a vehicle illegally taken or used, or(b) that the vehicle is speed limiter compliant and that, at the time it was travelling at a speed of more than 115 kilometres per hour, the gradient of the length of road along which the vehicle was being driven at or immediately before that time, combined with the speed at which the vehicle was travelling on that length of road, caused it to be driven at more than 100 kilometres per hour despite the vehicle being speed limiter compliant.(4) In proceedings for an offence against this section, it is no defence that the defendant had a mistaken but reasonable belief as to the facts that constituted the offence.
163 Certificate evidence of speed limiter compliance
(cf STM Act, s 69D)
(1) In proceedings for a speed limiter offence, a certificate issued by an authorised person certifying that, at the time of certification, the manner of limiting the speed of the vehicle complied with the requirements prescribed by the statutory rules for the purposes of this Part is admissible and is prima facie evidence that the vehicle is speed limiter compliant.(2) In this section, means—(a) the manufacturer of a speed limiting mechanism fitted to the vehicle, or(b) any other person (or person belonging to a class or description of persons) prescribed by the statutory rules.
164 Photographic evidence of speed of vehicle
(cf STM Act, s 69E)
(1) Without limiting the evidence that may be given in proceedings for a speed limiter offence, in proceedings for such an offence evidence may be given of any of the following to prove the fact that a vehicle was driven on a road at a speed of more than 115 kilometres per hour—(a) the measurement of speed obtained and recorded by one or more approved traffic enforcement devices that have been approved for speed measurement and excess speed imaging,(b) an average speed calculated from information obtained from approved traffic enforcement devices that have been approved for average speed detection.(2) Division 5 of Part 5.3 applies to proceedings for a speed limiter offence in the same way as it applies to proceedings for a speeding offence (within the meaning of that Part) in which such evidence is given.
165 Liability of offender for speeding offence and evidence of speed unaffected
(cf STM Act, s 69F)
Nothing in this Part—(a) affects the liability of a person who commits an offence against this Act or the statutory rules involving the driving of a vehicle on a road at a speed of more than 115 kilometres per hour for that offence (the speeding offence), or(b) prevents the giving of evidence of the measurement of speed obtained by the use of an approved traffic enforcement device (or of an average speed calculated from information obtained from approved traffic enforcement devices) in proceedings both for the speeding offence and for a speed limiter offence.
Chapter 7 Compliance and enforcement
Part 7.1 Authorised officers
166 Authorised officers
(cf Gen Act, ss 121 and 128)
(1) Transport for NSW may, by instrument in writing, appoint—(a) a specified person to be an authorised officer, or(b) persons of a specified class to be authorised officers.(2) An authorised officer may but need not be a member of staff of Transport for NSW or of a public authority.(3) (Repealed)(4) Transport for NSW may exercise any power conferred by or under the road transport legislation on an authorised officer, other than a power that requires the physical presence of an authorised officer.(5) Accordingly, in this Act (except this Part) references to an authorised officer include references to Transport for NSW.s 166: Am 2013 No 71, Sch 2.2 [8].
167 Exercise of powers by authorised officers
(cf Gen Act, s 122)
(1) An authorised officer has the powers conferred on authorised officers by the road transport legislation.(2) However, Transport for NSW may, by instrument in writing applicable to a specified authorised officer or each authorised officer of a specified class—(a) provide that the officer may not exercise specified powers, or(b) provide that the officer may exercise specified powers only, or(c) otherwise restrict the powers that the officer may exercise, including (for example) by limiting the circumstances in which the officer may exercise any powers conferred on the officer.(3) In addition, the statutory rules may identify powers that may only be exercised by authorised officers, or classes of authorised officers, who are specifically empowered by Transport for NSW under subsection (2)(b) to exercise them.
168 Identification cards
(cf Gen Act, s 124)
(1) Transport for NSW may—(a) issue an authorised officer (other than a police officer) with an identification card, or(b) designate a card, issued to an authorised officer (other than a police officer) by another person, body or authority (whether or not of this jurisdiction), as an identification card for the purposes of this Act.(2) An identification card issued by Transport for NSW must—(a) contain a photograph of the officer, the name of Transport for NSW and either—(i) the name and signature of the officer, or(ii) a unique number that has been assigned to the officer by Transport for NSW, and(b) identify the officer as an authorised officer.(3) Transport for NSW must not designate a card issued to an authorised officer by another person, body or authority as an identification card for the purposes of this Act unless the card—(a) contains a photograph of the officer, the name of the other person, body or authority and either—(i) the name and signature of the officer, or(ii) a unique number that has been assigned to the officer by the other person, body or authority, and(b) identifies in some way (however expressed) the officer as an authorised officer under another law or as having official functions under another law.
169 (Repealed)
s 169: Rep 2013 No 71, Sch 2.2 [9].
169A Direction to stop vehicle or combination: to enable exercise of other powers
(1) This section applies to—(a) a vehicle or combination located—(i) on any road, or(ii) in or on any public place, or(iii) in or on any premises occupied or owned by Transport for NSW or by any other public authority, and(b) the driver of such a vehicle or combination who is apparently in, on or in the vicinity of the vehicle or combination.(2) An authorised officer may, for the purpose of or in connection with exercising other powers under the road transport legislation, direct—(a) the driver of a vehicle or combination to stop the vehicle or combination, or(b) the driver of a vehicle or combination or any other person not to do any one or more of the following—(i) move the vehicle or combination,(ii) interfere with it or any equipment in or on it,(iii) interfere with its load.(3) A direction to stop a vehicle or combination may require that it be stopped without delay, or that it be stopped at the nearest place for it to be safely stopped as indicated by the officer.(4) A direction to stop the vehicle or combination, or not to move it, or not to interfere with it or any equipment in or on it or with its load, does not prevent an authorised officer from giving the driver or another person any later inconsistent directions under other provisions of the road transport legislation.(5) A direction under this section may be given to a driver or other person orally or by means of a sign or signal (electronic or otherwise), or in any other manner.(6) A direction ceases to be operative to the extent that an authorised officer—(a) gives the driver or other person a later inconsistent direction, or(b) indicates to the driver or other person that the direction is no longer operative.(7) A person is guilty of an offence if—(a) the person is subject to an operative direction under subsection (2), and(b) the person engages in conduct that results in a contravention of the direction.Maximum penalty—60 penalty units.(8) In this section—stop a vehicle or combination means to stop the vehicle or combination and keep it stationary.Note—See also section 513 of the Heavy Vehicle National Law (NSW) in relation to directions to stop heavy vehicles for the purposes of that Law.s 169A: Ins 2013 No 71, Sch 2.2 [10]. Am 2023 No 35, Sch 1.17[6].
169B Power to require production of information
(1) An authorised officer may require a relevant person for a vehicle to give the authorised officer information the authorised officer reasonably requires to assess—(a) the eligibility of a person to receive a concessional charge for the vehicle, or(b) whether or not the registered operator of the vehicle has paid the correct registration charge, fee or tax under the road transport legislation for the vehicle, or(c) the compliance of the registered operator of the vehicle with the following—(i) vehicle registration requirements and conditions applying to the vehicle,(ii) conditions, however described, attached to a concessional charge for the vehicle.(2) The information must be given in the form specified by the authorised officer.(3) A person must comply with a requirement under subsection (1) unless the person has a reasonable excuse for not complying.Maximum penalty—(a) for an individual—20 penalty units, and(b) for a corporation—50 penalty units.(4) In this section—concessional charge means the following—(a) a registration charge for a vehicle reduced in accordance with the statutory rules,(b) an exemption, or partial exemption, granted under this Act or the statutory rules, from payment under the road transport legislation of a registration charge, fee or tax.relevant person, for a vehicle, means—(a) the registered operator of the vehicle, or(b) another person the authorised officer reasonably believes has control or possession of the information.s 169B: Ins 2021 No 22, Sch 1[3].
170 Return of identification cards
(cf Gen Act, s 126)
(1) A person is guilty of an offence if—(a) Transport for NSW has issued an identification card to the person, and(b) the person was, but has stopped being, an authorised officer, and(c) Transport for NSW has requested the person to return the card to Transport for NSW within a specified period, and(d) the person did not return the card during the period.Maximum penalty—20 penalty units.(2) Subsection (1) does not apply if the person has a reasonable excuse.(3) The onus of proof of reasonable excuse in proceedings for an offence against this section lies on the defendant.
171 Reciprocal powers of officers
(cf Gen Act, s 127)
(1) This section has effect in relation to another jurisdiction while the corresponding law of the other jurisdiction contains provisions corresponding to this section.(2) The Minister may enter into agreements with a Minister of the other jurisdiction for the purposes of this section, and may amend or revoke any such agreement.(3) To the extent envisaged by such an agreement—(a) authorised officers (other than police officers) or police officers of this jurisdiction may, in this jurisdiction or the other jurisdiction, exercise functions conferred respectively on authorised officers or police officers of the other jurisdiction by or under the corresponding law of the other jurisdiction, and(b) authorised officers or police officers of the other jurisdiction may, in this jurisdiction or the other jurisdiction, exercise functions conferred respectively on authorised officers (other than police officers) or police officers by or under this Act.(4) Anything done or omitted to be done by an authorised officer or police officer of this jurisdiction under subsection (3)(a) is taken to have been done under this Act as well as under the corresponding law.(5) The statutory rules may make provision for or with respect to the exercise of powers under this section.(6) (Repealed)s 171: Am 2013 No 71, Sch 2.2 [8].
172 Amendment or revocation of directions or conditions
(cf Gen Act, s 129)
(1) An authorised officer (other than a police officer) may amend or revoke a direction given, or conditions imposed, by an authorised officer under this Act.(2) A police officer may amend or revoke a direction given, or conditions imposed, by a police officer under this Act.
173 Offences—obstructing, hindering or impersonating authorised officer
(cf Gen Act, ss 169 and 170)
(1) A person must not obstruct or hinder an authorised officer in the exercise of the officer’s functions under the road transport legislation.Maximum penalty—80 penalty units (in the case of an individual) or 400 penalty units (in the case of a corporation).(2) A person must not impersonate an authorised officer.Maximum penalty—100 penalty units (in the case of an individual) or 500 penalty units (in the case of a corporation).(3), (4) (Repealed)s 173: Am 2013 No 71, Sch 2.2 [11].
Part 7.2 Identity powers
174 Expanded meaning of “driver”
(cf Gen Act, s 3)
(1) A reference in this Part to the driver of a vehicle or combination includes a reference to—(a) in relation to a heavy vehicle or heavy combination—a two-up driver of the vehicle or combination who is present in or near the vehicle or combination, and(b) a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence.(2) In this section—two-up driver means a person accompanying a driver of a heavy vehicle or heavy combination on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey.
175 Requirement for driver or rider to produce Australian driver licence and state name and address
(cf Gen Act, s 171)
(1) An authorised officer may, in the execution of the officer’s functions under the road transport legislation, require the driver or rider of a vehicle or horse to do any or all of the following—(a) produce the driver’s relevant Australian driver licence (in the case of the driver of a motor vehicle),(b) state the driver’s or rider’s name,(c) state the driver’s or rider’s home address.Note—See section 61C which enables a digital driver licence to be used to comply with a request to produce a driver licence.(2) A person must not—(a) refuse to comply with a requirement of an authorised officer under subsection (1), or(b) state a false name or home address.Maximum penalty—20 penalty units.(3) In subsection (1), a reference to a driver of a vehicle (in the case of a motor vehicle) includes, where the driver is the holder of a learner licence and the motor vehicle is not a motor cycle, a reference to a holder of a relevant Australian driver licence occupying the seat in or on the motor vehicle next to the driver.s 175: Am 2018 No 21, Sch 1[6].
176 Requirement for passenger to produce Australian driver licence and state name and address
(cf Gen Act, s 172)
(1) A person occupying the seat in or on a motor vehicle (other than a motor cycle) next to a driver who holds a learner licence must, when required to do so by an authorised officer, produce the person’s relevant Australian driver licence and state the person’s name and home address.Maximum penalty—20 penalty units.Note—See section 61C which enables a digital driver licence to be used to comply with a request to produce a driver licence.(2) A person accompanying another person who is attending a motor registry for the purpose of undergoing any test or examination required by the road transport legislation must, on request, produce the person’s relevant Australian driver licence and state the person’s name and home address if—(a) the request is made by an authorised officer, and(b) the person making the request believes on reasonable grounds that the person accompanying the person who is to undergo the test or examination has been giving driving instruction to that person.Maximum penalty—20 penalty units.(3) In this section—motor registry means a place at which registration of a vehicle can be effected by or on behalf of Transport for NSW.s 176: Am 2018 No 21, Sch 1[7].
177 Requirement for responsible person to disclose driver identity
(cf Gen Act, s 173)
(1) If the driver of a motor vehicle is alleged to have committed an offence against the road transport legislation—(a) the responsible person for the vehicle, or the person having the custody of the vehicle, must, when required to do so by an authorised officer, immediately give information (which must, if so required, be given in the form of a written statement signed by the responsible person) as to the name and home address of the driver, and(b) any other person must, if required to do so by an authorised officer, give any information that it is in the person’s power to give and that may lead to the identification of the driver.Maximum penalty—20 penalty units.(2) It is a defence to a prosecution for an offence against subsection (1)(a) if the defendant proves to the court’s satisfaction that the defendant did not know and could not with reasonable diligence have ascertained the driver’s name and home address.(3) A written statement—(a) purporting to be given under subsection (1)(a) and to contain particulars of the name and home address of the driver of a motor vehicle at the time of commission of an alleged offence against the road transport legislation, andis evidence without proof of signature that the person was the driver of the vehicle at the time of the alleged offence if the person does not appear before the court.(b) that is produced in any court in proceedings against the person named in the statement as the driver for such an offence,(4) (Repealed)s 177: Am 2013 No 71, Sch 2.2 [12].
178 Production of relevant Australian driver licence to court
(cf Gen Act, s 174)
(1) A person who is the holder of a relevant Australian driver licence and who is charged with a breach of the road transport legislation must produce the person’s driver licence to the court at the hearing of the charge.(2) A person must not, without reasonable excuse, fail to comply with subsection (1).Maximum penalty—20 penalty units.
179 Unauthorised demand for production of relevant Australian driver licence
(cf Gen Act, s 175)
(1) A person must not (knowing that the person is not by law authorised to require its production) demand production by another person of that other person’s relevant Australian driver licence.Maximum penalty—20 penalty units.(2) For the purposes of this section, the making of a statement that could reasonably be understood, by the person to whom the statement is made, as indicating that the person is being required to produce the person’s relevant Australian driver licence is taken to be a demand for its production.(3) Nothing in this section prohibits a request for production of a relevant Australian driver licence as a means of evidencing the identity or age of a person—(a) in connection with the supply of any goods or services, or(b) in connection with the conferring of any right, title or benefit, orwhere it is reasonable for the person making the request to require evidence of the other person’s identity or age.(c) in other circumstances,
Part 7.3 Criminal responsibility
Division 1 Liability for offences generally
180 (Repealed)
s 180: Rep 2013 No 71, Sch 2.2 [13].
181 Double jeopardy
(cf Gen Act, s 177)
(1) A person may be punished only once in relation to the same failure to comply with a particular provision of the road transport legislation, even if the person is liable in more than one capacity.(2) Despite subsection (1), a person may be punished for more than one breach of a requirement where the breaches relate to different parts of the same vehicle or combination.
182 Liability of directors etc for offences by corporation—accessory to commission of offences
(cf Gen Act, s 178(1))
(1) For the purposes of this section, a corporate offence is an offence against the road transport legislation that is capable of being committed by a corporation.(2) A person commits an offence against this section if—(a) a corporation commits a corporate offence, and(b) the person is—(i) a director of the corporation, or(ii) an individual who is involved in the management of the corporation and who is in a position to influence the conduct of the corporation in relation to the commission of the corporate offence, and(c) the person—(i) aids, abets, counsels or procures the commission of the corporate offence, or(ii) induces, whether by threats or promises or otherwise, the commission of the corporate offence, or(iii) conspires with others to effect the commission of the corporate offence, or(iv) is in any other way, whether by act or omission, knowingly concerned in, or party to, the commission of the corporate offence.Maximum penalty—The maximum penalty for the corporate offence if committed by an individual.(3) The prosecution bears the legal burden of proving the elements of the offence against this section.(4) The offence against this section can only be prosecuted by a person who can bring a prosecution for the corporate offence.(5) This section does not affect the liability of the corporation for the corporate offence, and applies whether or not the corporation is prosecuted for, or convicted of, the corporate offence.(6) This section does not affect the application of any other law relating to the criminal liability of any persons (whether or not directors or other managers of the corporation) who are concerned in, or party to, the commission of the corporate offence.s 182: Am 2013 No 71, Sch 2.2 [14] [15].
Division 2 Liability for camera recorded offences and parking offences
183 Definitions
(cf Gen Act, s 179(12))
(1) In this Division—appropriate approved traffic enforcement device for a camera recorded offence means—(a) in the case of a public transport lane offence—an approved traffic enforcement device that is approved for traffic lane use detection, or(b) in the case of a traffic light offence—an approved traffic enforcement device that is approved for red traffic light detection, or(c) in the case of a speeding offence where the average speed of a vehicle is relied on—an approved traffic enforcement device that is approved for average speed detection, or(d) in the case of a speeding offence where the average speed of the vehicle is not relied on—an approved traffic enforcement device that is approved for excess speed imaging, or(e) in the case of an unauthorised vehicle use offence—an approved traffic enforcement device or approved toll camera (within the meaning of section 250A of the Roads Act 1993) that has taken a photograph which may be tendered in evidence under section 139 in proceedings for such an offence, or(f) in the case of a dimension offence—an approved traffic enforcement device that is approved for dimension imaging, or(g) in the case of a mobile phone use offence—an approved traffic enforcement device that is approved for mobile phone use offences or approved toll camera (within the meaning of section 250A of the Roads Act 1993) that has taken a photograph which may be tendered in evidence under section 139A in proceedings for such an offence, or(h) for a seatbelt offence—the following—(i) an approved traffic enforcement device that is approved for seatbelt offences,(ii) an approved toll camera, within the meaning of the Roads Act 1993, section 250A, that has taken a photograph that may be tendered in evidence under section 139A in proceedings for a seatbelt offence.average speed detected offence means a speeding offence involving a heavy vehicle in respect of which the penalty notice or the court attendance notice indicates that the average speed of the vehicle was calculated from information recorded by appropriate approved traffic enforcement devices for the offence.camera recorded offence means any of the following—(a) a public transport lane offence in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by the appropriate approved traffic enforcement device for the offence,(b) a traffic light offence in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by the appropriate approved traffic enforcement device for the offence,(c) an average speed detected offence,(d) a speeding offence (other than an average speed detected offence) in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by the appropriate approved traffic enforcement device for the offence,(e) a speeding offence (other than an average speed detected offence) in respect of which—(i) the penalty notice or the court attendance notice indicates that the offence was detected by an approved traffic enforcement device that is approved for speed measurement, and(ii) the number-plate of the vehicle concerned was recorded by a police officer using photographic or video equipment approved by the Commissioner of Police for the purposes of this paragraph,(f) an unauthorised vehicle use offence in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by an appropriate approved traffic enforcement device for the offence,(g) a dimension offence in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by an appropriate approved traffic enforcement device for the offence,(h) a mobile phone use offence in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by an appropriate approved traffic enforcement device for the offence,(i) a seatbelt offence in relation to which the penalty notice or the court attendance notice indicates the offence was detected by an appropriate approved traffic enforcement device for the offence.class A motor vehicle has the meaning prescribed by the regulations.court attendance notice means—(a) in relation to proceedings for an offence commenced in the Local Court—a court attendance notice within the meaning of the Criminal Procedure Act 1986 issued in respect of the person alleged to have committed the offence, and(b) in relation to proceedings for an offence commenced in the Supreme Court in its summary jurisdiction—an application for an order under section 246 of the Criminal Procedure Act 1986 in respect of the person alleged to have committed the offence.designated offence means—(a) a camera recorded offence, or(a1) an offence under section 68(1) involving a class A motor vehicle, a trailer or a class A motor vehicle with attached trailer that is standing on a road, whether the vehicle or trailer or both are unregistered, or(b) a parking offence.detection points, in relation to an average speed detected offence, has the same meaning as in Division 3 of Part 5.3.nomination details of a person means—(a) the person’s name, address and date of birth, and(b) the number of the person’s Australian driver licence or foreign driver licence, and(c) if a person holds a foreign driver licence—the jurisdiction that issued the foreign driver licence.parking offence means any offence of standing or parking a motor vehicle or trailer or of causing or permitting a motor vehicle or trailer to stand, wait or be parked in contravention of the statutory rules.prosecutor has the same meaning as in the Criminal Procedure Act 1986.relevant nomination document means—(a) in the case of a responsible person issued with a penalty notice in relation to a designated offence—an approved nomination document under section 189(1), or(b) in the case of a responsible person issued with a court attendance notice in relation to a designated offence—a statutory declaration.Note—A person (other than the responsible person) who was in charge of a vehicle at the time a designated offence occurred may provide an approved nomination document or statutory declaration.does not include an unauthorised vehicle use offence where it is alleged that the offender merely caused, permitted or otherwise allowed a vehicle to be driven or used.(2) Words, terms and expressions used in this Division that are defined for the purposes of Part 5.3 or Division 5 of that Part have the same meanings as in that Part or Division.Note—See, in particular, sections 121 and 135.s 183: Am 2015 No 65, Sch 3 [1]; 2017 No 61, Sch 1.2 [11] [12]; 2018 No 15, Sch 1 [14] [15]; 2019 No 13, Sch 2.2[1]; 2020 No 33, Sch 1[17] [18]; 2021 No 38, Sch 2.1[1] [2]; 2023 No 51, Sch 1[10] [11].
184 Responsible person for vehicle taken to have committed designated offences
(cf Gen Act, s 179(1) and (1A))
(1) Liability of responsible person for offence generally 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 against 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 Division 3—the person satisfies the authorised officer under section 195 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 proves to the satisfaction of 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) Maximum penalty payable by corporation taken to be guilty of certain camera recorded offences If a corporation is taken to be guilty of a camera recorded offence (other than an unauthorised vehicle use offence) by the operation of subsection (1), the maximum monetary penalty that a court may impose on the corporation for the offence is taken to be 5 times the maximum monetary penalty for the offence for which the actual offender (as a natural person) would be liable.
185 When responsible person not liable for parking offence
(cf Gen Act, s 179(3) and (5))
(1) Despite section 184, the responsible person for a vehicle is not guilty of a parking offence by the operation of that section if—(a) the offence is dealt with under Division 3 and the authorised officer under section 195 receives a relevant nomination document containing the nomination details of the person who was in charge of the vehicle at all relevant times relating to the offence (the liable person) within 21 days after the issue to the responsible person of a penalty notice for the offence, or(b) the offence is not dealt with under Division 3 and the informant receives a statutory declaration containing the nomination details of the liable person within 21 days after the issue to the responsible person of a court attendance notice for the offence, or(c) the responsible person satisfies the authorised officer or the court hearing the proceedings for the offence (as the case requires) that the responsible person did not know and could not with reasonable diligence have ascertained the nomination details of the liable person.(2) For the purposes of this section, it is presumed that a penalty notice issued to a person by post is issued to the person 7 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 7-day period.(3) Despite any other provision of this Act, a relevant nomination document may be provided by a person issued with a penalty notice for a parking offence within 90 days of the notice being issued to the person if the relevant nomination document is provided in the circumstances specified in section 23AA or 23AB of the Fines Act 1996.s 185: Am 2016 No 13, Sch 2.10 [1] [2]; 2019 No 13, Sch 2.2[2]; 2020 No 33, Sch 1[18]–[21].
186 Duty to inform if person not driver of vehicle committing camera recorded offence
(cf Gen Act, s 179(4) and (5))
(1) A person who—(a) is issued with a penalty notice or a court attendance notice in respect of a camera recorded offence, andmust, within 21 days after the issue of the notice, supply by relevant nomination document to the authorised officer under section 195 (in the case of a penalty notice) or the prosecutor (in the case of a court attendance notice) the nomination details of the person who was in charge of the vehicle at the time the offence occurred.(b) was not the driver of the vehicle to which the offence relates at the time the offence occurred,(1A) However, a person is not required to provide a relevant nomination document under subsection (1), and is taken to have complied with this section, if the person who was in charge of the vehicle at the time the offence occurred has already provided a relevant nomination document containing the person’s nomination details to the authorised officer or the prosecutor (as the case requires).(2) For the purposes of this section, it is presumed that a penalty notice issued to a person by post is issued to the person 7 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 7-day period.(3) Despite any other provision of this Act, a relevant nomination document may be provided in relation to a penalty notice for a camera recorded offence within 90 days of the notice being issued if the relevant nomination document is provided in the circumstances specified in section 23AA of the Fines Act 1996.s 186: Am 2016 No 13, Sch 2.10 [3] [4]; 2019 No 13, Sch 2.2[3]–[5]; 2020 No 33, Sch 1[18] [19] [21]–[23].
187 When responsible person for vehicle not liable for camera recorded offence
(cf Gen Act, s 179(8))
Despite section 184, the responsible person for a vehicle who is issued with a penalty notice or a court attendance notice in respect of a camera recorded offence is not guilty of that offence by operation of that section if the person—(a) complies with section 186 in relation to the offence, or(b) satisfies the authorised officer (in the case of a penalty notice) or the court (in the case of a court attendance notice) that the responsible person did not know and could not with reasonable diligence have ascertained the nomination details of the person who was in charge of the vehicle at the time the offence occurred.s 187: Am 2020 No 33, Sch 1[18] [19].
188 Offences relating to nominations
(cf Gen Act, s 179(6) and (7))
(1) Offence—failure to comply with section 186 A person must comply with section 186 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, orthat the person did not know and could not with reasonable diligence have ascertained the nomination details.(c) in either case—the court dealing with the offence of failing to comply with section 186,Maximum penalty—(a) if the offence relates to a vehicle registered otherwise than in the name of a natural person—200 penalty units, or(b) in any other case—50 penalty units.(1A) For the purposes of subsection (1), if a person is a corporation, the person must—(a) nominate an officer of the corporation to undertake to ascertain the nomination details of the person who was in charge of the vehicle at the time the offence occurred, and(b) require the nominated officer to complete a statutory declaration as to the efforts undertaken to ascertain the nomination details, and(c) provide the authorised officer or court, as the case may be, with the statutory declaration of the nominated officer.(2) Offence—false nomination of person in charge of vehicle A person must not, in a relevant nomination document supplied under section 186, falsely nominate a person (including the person making the nomination) 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—200 penalty units, or(b) in any other case—100 penalty units.(3) A person falsely nominates a person as the person in charge of a vehicle for the purposes of subsection (2) if false nomination details for the person are supplied in a relevant nomination document.s 188: Am 2015 No 65, Sch 3 [2] [3]; 2019 No 13, Sch 2.2[6]–[8]; 2020 No 33, Sch 1[24]–[27].
189 Nominations by responsible persons
(cf Gen Act, s 179(8A)–(8D))
(1) Transport for NSW may approve one or more documents (approved nomination documents) to be used to nominate the person in charge of a vehicle.(2) Without limiting subsection (1), Transport for NSW may approve documents under that subsection—(a) to be provided in printed or electronic form (or both), and(b) to be used in relation to more than one designated offence involving one or more vehicles for which a corporation is the responsible person.(3) An authorised officer may, by written notice (a verification notice) served on a person who gives an approved nomination document, require the person to supply a statutory declaration for use in court proceedings verifying any of the information contained in the approved nomination document that is specified in the verification notice.(4) A person served with a verification notice must supply the required statutory declaration within the period specified in the notice (being a period of not less than 7 days after the date of service).Maximum penalty—50 penalty units (in the case of an individual) or 200 penalty units (in the case of a corporation).s 189: Am 2015 No 65, Sch 3 [4]–[8]; 2019 No 13, Sch 2.2[9] [10]; 2020 No 33, Sch 1[25].
190 Use of statutory declarations as evidence
(cf Gen Act, s 179(7A), (7B), (9) and (10))
(1) A statutory declaration supplied for the purposes of section 185, 186 or 189(3) or subsection (3), if produced in any proceedings against the person named in the declaration and in respect of the designated offence concerned, is admissible and is prima facie evidence—(a) in the case of a statutory declaration relating to a parking offence—that the person was in charge of the vehicle at all relevant times relating to the parking offence, or(b) in the case of a statutory declaration relating to a camera recorded offence—that the person was the driver of the vehicle at the time the offence occurred.(2) A statutory declaration that relates to more than one designated offence does not constitute a statutory declaration under, or for the purposes of, section 185, 186 or 189(3) unless each of the offences is a camera recorded offence detected by the same camera device at approximately the same time.Note—Transport for NSW may approve a nomination document under section 189(1) for use by a corporation instead of a statutory declaration that relates to more than one designated offence involving one or more vehicles for which the corporation is the responsible person. See section 189(2).(3) A court or authorised officer may have regard to a statutory declaration that is provided by a person in deciding, for the purposes of section 185, 187 or 188(1) or (1A), whether the person did not know and could not with reasonable diligence have ascertained the nomination details of the person in charge of a vehicle.(4) If a statutory declaration is provided by a person under subsection (3), it must include the matters (if any) prescribed by the statutory rules.s 190: Am 2020 No 33, Sch 1[19] [28].
191 Application of this Division to average speed detected offences
(cf Gen Act, s 179(10A)(a)–(c))
The following provisions apply in relation to a penalty notice or court attendance notice for an average speed detected offence involving a heavy vehicle travelling between detection points—(a) a reference in any other provision of this Division to the time of the occurrence of an offence is taken to be a reference to the period during which the heavy vehicle travelled between the detection points,(b) the actual offender for the purposes of this Division is taken to be each driver of the heavy vehicle between the detection points,(c) any obligation under this Division of the responsible person for the heavy vehicle to supply the nomination details of the person who was in charge of the vehicle at the time the offence occurred is taken to be an obligation to provide the nomination details of each of the persons who were in charge of the heavy vehicle between the detection points.Note—Division 3 of Part 5.3 allows the average speed of a heavy vehicle calculated from the time taken to travel between different detection points to be used as evidence of the actual speed at which the vehicle travelled. Section 129(1)(b) (when read with section 129(2)) provides that if there is more than one driver of the vehicle between the detection points, each driver is taken to have driven the heavy vehicle at the average speed of the vehicle except for any particular driver who can establish any exculpatory ground prescribed by the statutory rules.s 191: Am 2020 No 33, Sch 1[19].
192 Further identity information from nomination information provider
(cf Gen Act, s 179(10B)–(10D) and (12))
(1) An authorised officer or prosecutor to whom a relevant nomination document is supplied for the purpose of section 185 or 186 may, by written notice served on the nomination information provider, require the provider to do one or both of the following—(a) provide such relevant identity information that is in the provider’s power to provide (including, if so required, by means of a written statement signed by the provider), as may be specified in the notice, within the period specified in the notice,(b) appear before the authorised officer or prosecutor at a specified time and place and provide (either orally or in writing) such relevant identity information that is in the provider’s power to provide as may be specified in the notice.(2) The period or time specified in a notice under subsection (1) for information to be provided, or an appearance to be made, must be no earlier than 7 days after the date of service of the notice.(3) A person served with a notice under subsection (1) must not, without lawful or reasonable excuse, refuse or fail to comply with the notice.Maximum penalty—20 penalty units.(4) In this section—nomination information provider, in relation to a relevant nomination document, means—(a) in the case of a document supplied by a responsible person for the vehicle concerned who is a natural person—the person who supplies the document, or(b) in the case of a document supplied by a responsible person for the vehicle concerned that is a corporation—a person who prepares or supplies the document on behalf of the corporation, or(c) in the case of a document supplied by a natural person nominating themselves as the person in charge of the vehicle concerned—the person who supplies the document.relevant identity information means any information that may assist in confirming or establishing the identity of the person driving or in charge of a vehicle when a designated offence to which a relevant nomination document relates was committed.s 192: Am 2019 No 13, Sch 2.2[11].
193 Liability of actual offender unaffected
(cf Gen Act, s 179(2) and (10A)(d))
(1) Nothing in this Division affects the liability of the actual offender.(2) 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) Subsection (2) does not operate to prevent a penalty being imposed on or recovered from each of the drivers of a heavy vehicle between the detection points for an average speed detected offence.
194 Division does not derogate from any other law
(cf Gen Act, s 179(11))
The provisions of this Division are in addition to, and not in derogation of, any other provisions of this or any other Act.
Division 3 Penalty notices
195 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against the following that is prescribed by the statutory rules as a penalty notice offence—(a) the road transport legislation,(b) the Driving Instructors Act 1992 or the regulations under that Act,(c) the Heavy Vehicle (Adoption of National Law) Act 2013 or the local regulations under that Act,(d) section 650(1) or (4) or 650A(1) or (4) of the Local Government Act 1993, including by operation of section 651 of that Act,(e) the Motor Accident Injuries Act 2017, the Motor Accidents Compensation Act 1999 or the regulations under those Acts,(f) the Recreation Vehicles Act 1983 or the regulations under that Act,(g) the Roads Act 1993 or the regulations under that Act, including by operation of section 244 of that Act.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the statutory rules, not exceeding the maximum amount of penalty that could be imposed for the offence by a court.(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in relation to offences.(6) An offence for which a penalty of imprisonment may be imposed under the road transport legislation, except an offence against section 53(3) of this Act, cannot be prescribed by the statutory rules as a penalty notice offence.(7) In addition to a manner of issuing a penalty notice provided for by the Fines Act 1996, a penalty notice for the following offences may be issued by leaving the notice on the vehicle in relation to which the offence was committed—(a) an offence for which the responsible person for the vehicle is guilty because of Division 2,(b) an offence for which the owner is guilty because of section 651 of the Local Government Act 1993.(8) The regulations may specify the classes of authorised officer who are authorised to issue a penalty notice for a specified penalty notice offence.s 195: Am 2013 No 71, Sch 2.2 [16]; 2015 No 50, Sch 4.23; 2017 No 10, Sch 5.11 [6]. Subst 2020 No 33, Sch 1[29].
196–199 (Repealed)
s 196: Rep 2020 No 33, Sch 1[29].
s 196A: Ins 2013 No 61, sec 3. Rep 2020 No 33, Sch 1[29].
s 197: Rep 2020 No 33, Sch 1[29].
s 198: Rep 2020 No 33, Sch 1[29].
s 199: Rep 2020 No 33, Sch 1[29].
Division 4 Proceedings for offences
200 Proceedings for offences
(cf Gen Act, s 180)
(1) Proceedings for an offence against the road transport legislation are to be dealt with summarily before the Local Court or the Supreme Court in its summary jurisdiction.(2) The maximum monetary penalty that may be imposed by the Local Court for an offence against a provision of the road transport legislation is 100 penalty units or the maximum monetary penalty provided for the offence (whichever is less).(3) Despite subsection (2), the maximum monetary penalty that may be imposed by the Local Court for an offence against section 188(1) or (2) or 189(4) is 200 penalty units or the maximum monetary penalty provided for the offence, whichever is less.(4) Without limiting section 14 of the Criminal Procedure Act 1986, proceedings for an offence against the road transport legislation may be commenced by Transport for NSW or a person authorised in writing by Transport for NSW.s 200: Am 2013 No 71, Sch 2.2 [17]; 2020 No 33, Sch 1[30].
201 Period within which proceedings for operator onus offences may be commenced
(cf Gen Act, s 181)
(1) Despite any other Act, proceedings for an operator onus offence may be commenced within one year after the date of the alleged commission of the offence.(2) In this section—operator onus offence means—(a) a designated offence within the meaning of Division 2, or(b) an offence against section 188(2).
202 Period within which certain other proceedings may be commenced
(1) Despite the Criminal Procedure Act 1986 or another Act, proceedings for an offence against the following provisions may be commenced not later than 2 years after the date alleged to be the date on which the offence was committed—(a) section 49(1),(b) section 54(1)(b), (3)(b), (4)(b), (5)(a)(ii) and (5)(b)(ii),(c) section 69(1)(a) and (2)(a),(d) section 110, 111, 111A or 112, to the extent that the offence arises out of an incident in relation to which the person was charged with an offence against section 117(1) and the driving occasioned death or grievous bodily harm,(e) section 117(1) if the driving occasioned death or grievous bodily harm,(f) section 145,(g) section 146.(2) Despite the Criminal Procedure Act 1986 or another Act, the regulations may provide that proceedings for an offence against the regulations made under this Act may be commenced not later than a period, not exceeding 2 years, after the date alleged to be the date on which the offence was committed.s 202: Rep 2013 No 71, Sch 2.2 [18]. Ins 2020 No 33, Sch 1[31]. Am 2021 No 3, Sch 1[5].
203 Section 10 of Crimes (Sentencing Procedure) Act 1999 not applicable in certain circumstances
(cf Gen Act, s 187(6))
(1) Section 10 of the Crimes (Sentencing Procedure) Act 1999 does not apply if a person is charged before a court with an applicable offence if, at the time of or during the period of 5 years immediately before the court’s determination in respect of the charge, that section is or has been applied to or in respect of the person in respect of a charge for another applicable offence (whether of the same or a different kind).(2) Each of the following is an applicable offence for the purposes of subsection (1)—(a) an offence against section 110, 111, 111A, 112(1), 118 or 146 or clause 16(1)(b), 17 or 18 of Schedule 3,(b) an offence against section 117(1) of driving negligently (being driving occasioning death or grievous bodily harm),(c) an offence against section 117(2) 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,(d) an offence against section 52AB of the Crimes Act 1900,(e), (f) (Repealed)(g) an offence against a provision of an Act or statutory rule that is a former corresponding provision in relation to a provision referred to in paragraph (a), (b), (c) or (d),(h) an offence of aiding, abetting, counselling or procuring the commission of an offence referred to in paragraph (a), (b), (c), (d) or (g).s 203: Am 2013 No 71, Sch 2.2 [19]–[21]; 2021 No 3, Sch 1[6].
Part 7.4 Sanctions concerning licences
Division 1 Licence disqualification
204 Court may disqualify driver on conviction
(cf Gen Act, s 187(1)–(5) and (7))
(1) Court may order disqualification for offences against road transport legislation A court that convicts a person of an offence against 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.(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.(3) Any disqualification under this section is in addition to any penalty imposed for the offence.(3A) This section is subject to Division 2 and to any provision of this Act—(a) that provides for a minimum period of disqualification of a person from holding a driver licence when a court orders a disqualification on the conviction of the person for an offence, or(b) that provides for a mandatory period of disqualification on the conviction of a person for an offence.(4) Imposition of speed inhibitor conditions The statutory rules may—(a) provide that any driver licence held by a person (or class of persons) who has been convicted of the offence of driving a motor vehicle on a road at a speed which is dangerous to the public under this Act or of any other prescribed speeding offence is subject to a speed inhibitor condition, and(b) provide a penalty for any breach of any such condition, and(c) prescribe any matter necessary or convenient to be prescribed in relation to devices referred to in the definition of speed inhibitor condition in subsection (6).(5) Particulars of disqualifications to be forwarded to TfNSW The court is to cause particulars of each conviction or order under the road transport legislation to be forwarded to Transport for NSW.(6) Definitions In this section—road transport legislation does not include the following—(a) the Motor Vehicles Taxation Act 1988 or the regulations made under that Act,(b) Schedule 2 or statutory rules made for the purposes of that Schedule.speed inhibitor condition means a condition limiting a driver licence to the driving of a motor vehicle to which is affixed a sealed device that prevents the engine from propelling the vehicle at a speed in excess of 60 kilometres per hour.s 204: Am 2014 No 42, Sch 1 [27]; 2017 No 46, Sch 1 [7]–[9]; 2020 No 30, Sch 4.85[4].
205 Disqualification for certain major offences
(cf Gen Act, s 188)
(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 person who is convicted of a major 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.(2) Disqualification if no previous major offence If, at the time of the conviction of the convicted person or during the period of 5 years before the conviction (whether that period commenced before or commences after the commencement of this section), the convicted person is not or has not been convicted of any other major offence or committed a major offence during that period that was dealt with by way of penalty notice (whether of the same or a different kind)—(a) where the conviction is for an offence against section 110(1), (2) or (3) or 111(1) or (3)—(i) the person is automatically disqualified for 6 months from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 3 months) of disqualification—the person is disqualified from holding a driver licence for such shorter period as may be specified in the order, or(b) where the conviction is for an offence against section 110(4)—(i) the person is automatically disqualified for 12 months from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 6 months) or longer period of disqualification—the person is disqualified from holding a driver licence for such period as may be specified in the order, or(b1) where the conviction is for an offence against section 111A(2)—(i) the person is automatically disqualified for 2 years from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period, but not shorter than 12 months, or longer period of disqualification—the person is disqualified from holding a driver licence for the period specified in the order, or(c) where the conviction is for an offence against clause 17(1)(a), (b) or (c) or 18 of Schedule 3—(i) the person is automatically disqualified for 3 years from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 6 months) or longer period of disqualification—the person is disqualified from holding a driver licence for such period as may be specified in the order, or(c1) where the conviction is for an offence against section 111A(1)—(i) the person is automatically disqualified for 4 years from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period, but not shorter than 18 months, or longer period of disqualification—the person is disqualified from holding a driver licence for the period specified in the order, or(d) where the conviction is for any other offence—(i) the person is automatically disqualified for a period of 3 years from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 12 months) or longer period of disqualification—the person is disqualified from holding a driver licence for such period as may be specified in the order.(3) Disqualification if previous major offence If, at the time of the conviction of the convicted person or during the period of 5 years before the conviction (whether that period commenced before or commences after the commencement of this section), the convicted person is or has been convicted of one or more other major offences or committed a major offence during that period that was dealt with by way of penalty notice (whether of the same or a different kind)—(a) where the conviction is for an offence against section 110(1), (2) or (3) or 111(1) or (3)—(i) the person is automatically disqualified for 12 months from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 6 months) or longer period of disqualification—the person is disqualified from holding a driver licence for such period as may be specified in the order, or(a1) where the conviction is for an offence against section 111A(3)—(i) the person is automatically disqualified for 2 years from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period, but not shorter than 18 months, or longer period of disqualification—the person is disqualified from holding a driver licence for the period specified in the order, or(b) where the conviction is for an offence against section 110(4)—(i) the person is automatically disqualified for 3 years from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 12 months) or longer period of disqualification—the person is disqualified from holding a driver licence for such period as may be specified in the order, or(b1) where the conviction is for an offence against section 111A(2)—(i) the person is automatically disqualified for 4 years from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period, but not shorter than 2 years, or longer period of disqualification—the person is disqualified from holding a driver licence for the period specified in the order, or(c) where the conviction is for an offence against clause 17(1)(a), (b) or (c) or 18 of Schedule 3—(i) the person is automatically disqualified for 5 years from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 12 months) or longer period of disqualification—the person is disqualified from holding a driver licence for such period as may be specified in the order, or(c1) where the conviction is for an offence against section 111A(1)—(i) the person is automatically disqualified for 6 years from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period, but not shorter than 3 years, or longer period of disqualification—the person is disqualified from holding a driver licence for the period specified in the order, or(d) where the conviction is for any other offence—(i) the person is automatically disqualified for 5 years from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 2 years) or longer period of disqualification—the person is disqualified from holding a driver licence for such period as may be specified in the order.(4) Calculation of disqualification periods in case of multiple offences If 2 or more convictions of a person are made, whether or not at the same time, for crimes or offences arising out of a single incident involving the use of a motor vehicle or trailer, other than for an offence against section 111A(1), (2) or (3), the following provisions apply—(a) for the purpose of ascertaining which of subsections (2) and (3) should apply in relation to any such conviction—(i) the other of those convictions are to be disregarded, and(ii) subsection (2) or (3) (as the case may require) is, accordingly, to be the applicable subsection,(b) the maximum period of automatic disqualification in respect of all those crimes or offences is to be—(i) if subsection (2) is applicable—3 years, or(ii) if subsection (3) is applicable—5 years,(c) any minimum period of ordered disqualification is, in respect of those crimes or offences, to be disregarded to the extent that the total period of ordered and (where relevant) automatic disqualification would exceed—(i) where subsection (2) is applicable—12 months, or(ii) where subsection (3) is applicable—2 years.However, nothing in paragraph (c) prevents the court, if it thinks fit, from making any order it could have made if that paragraph had not been enacted.(4A) Calculation of disqualification periods in case of multiple offences including a combined alcohol and drug driving offence If 2 or more convictions of a person are made, whether or not at the same time, for crimes or offences arising out of a single incident involving the use of a motor vehicle or trailer, and one of the offences is an offence against section 111A(1), (2) or (3), the following provisions apply—(a) for the purpose of ascertaining whether subsection (2) or (3) should apply in relation to the conviction—(i) the other of those convictions are to be disregarded, and(ii) subsection (2) or (3), as the case may require, is, accordingly, to be the applicable subsection,(b) the maximum period of automatic disqualification for all crimes or offences is to be—(i) if subsection (2) is applicable—4 years, or(ii) if subsection (3) is applicable—6 years,(c) a minimum period of ordered disqualification is, for the crimes or offences, to be disregarded to the extent that the total period of ordered and, where relevant, automatic disqualification would exceed—(i) where subsection (2) is applicable—18 months, or(ii) where subsection (3) is applicable—3 years.However, nothing in paragraph (c) prevents the court, if it thinks fit, from making an order it could have made if paragraph (c) had not been enacted.(5) Disqualification in addition to any other penalty Any disqualification under this section is in addition to any penalty imposed for the offence.(6) Relationship to Division 2 This section does not (except as provided by section 212(2)) apply to a person to whom Division 2 applies.s 205: Am 2014 No 42, Sch 1 [28]; 2014 No 49, Sch 1 [1]; 2018 No 15, Sch 1 [16]; 2018 No 54, Sch 1 [9]; 2021 No 3, Sch 1[7]–[13].
205A Disqualification for certain unauthorised driving offences
(1) A person who is convicted of an offence against this Act specified in the Table to this section—(a) is automatically disqualified from holding a driver licence for the default period of disqualification specified in the Table in respect of that offence, or(b) if the court that convicts the person thinks fit to order a shorter or longer period of disqualification (but not shorter than the minimum period of disqualification specified in the Table in respect of that offence)—is disqualified from holding a driver licence for the period specified in the order.(2) Any disqualification under this section is in addition to any penalty imposed for the offence.Table
206 Bringing forward of consecutive disqualification periods to avoid orphan periods
(cf Gen Act, s 188A)
(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 54(2) 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 Transport for NSW 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.(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, orthe 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.(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,(4) If the primary licence disqualification is reinstated by a court (whether on appeal or otherwise) after this section operates to bring forward the commencement of the orphan licence disqualification, the balance of the reinstated primary licence disqualification remaining to be completed is, unless the court orders otherwise, to be completed—(a) if only the commencement of the orphan licence disqualification is brought forward by operation of this section—immediately after the completion of that disqualification, or(b) if the commencement of more than one consecutive licence disqualification is brought forward by operation of this section—immediately after the last of the consecutive licence disqualifications is completed.(5) For the purposes of this section, a licence disqualification is consecutive with another licence disqualification if it is to commence—(a) when the other licence disqualification is completed, or(b) on a date that coincides with the anticipated date for the completion of the other licence disqualification.(6) Nothing in this section limits any power that a court has—(a) to make an order for licence disqualification (whether or not to be completed concurrently or consecutively with any other licence disqualification), or(b) to annul, quash, set aside or vary a licence disqualification.(7) This section has effect despite anything to the contrary in—(a) the road transport legislation or any other Act or statutory rule, and(b) any order of a court that imposes a licence disqualification (or a period for a licence disqualification) to which this section applies.(8) In this section—licence disqualification means the disqualification of a person under the road transport legislation from holding a driver licence as a consequence of the person being convicted of an offence by a court (whether or not the disqualification is imposed by an order of a court).
206A Effect of imprisonment on period of disqualification
(1) In this section—major disqualification offence means—(a) a major offence, or(b) an offence against section 115 or 116(2).sentence does not include—(a) a suspended sentence, or(b) a sentence (or any part of a sentence) that is to be served in the community or by way of home detention.(2) This section applies to a person who is, after the commencement of this section—(a) disqualified from holding a driver licence for a specified period as a consequence of the person being convicted by a court of a major disqualification offence (whether or not the disqualification is imposed by an order of a court), and(b) sentenced to imprisonment as a result of that conviction.(3) The specified period of disqualification of the person is extended (by the operation of this section) by any period of imprisonment under that sentence that is served after the commencement of the disqualification.(4) For the purposes of this section, a period of imprisonment does not include any period that the person has been released on parole.(5) The extension of a period of disqualification by the operation of this section is subject to any order of the court that convicts the person relating to the operation of this section.s 206A: Ins 2013 No 57, Sch 1.
206B Effect of immediate or other licence suspension on period of disqualification
(1) This section applies where a driver licence or other authority to drive in this jurisdiction has been suspended under this Act or the statutory rules for an alleged offence.(2) A court that determines a charge for the offence (or for a related offence) is required to take into account the period of suspension when deciding on any period of disqualification from holding or obtaining a driver licence on conviction for the offence (or for the related offence).(3) An offence is related to another offence if it relates to the same act or omission that gave rise to the other offence.(4) The period of suspension satisfies all or the relevant part of any minimum period of disqualification that is or is required to be imposed under this Act on conviction for the offence (or for the related offence). Accordingly, the total of the period of suspension and of the period of disqualification is not to be less than that minimum period of disqualification.(5) The court may order that the period of disqualification ends on a day specified by the court.s 206B: Ins 2017 No 46, Sch 1 [11]. Am 2018 No 25, Sch 1.22.
207 Effect of disqualification
(cf Gen Act, s 189)
(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 the person’s disqualification.(2) A disqualification to hold an Australian driver licence held under a law in force in another State or internal Territory by a person who holds a driver licence issued in this State is, for the purposes of subsection (1), to be treated as if it were a disqualification to hold the driver licence issued in this State.(3) A person who is so disqualified must—(a) if present at the court (being a court in this State) and in possession of the person’s driver licence—surrender the licence to the court immediately after being convicted, or(b) if present at the court (being a court in this State) but not in possession of the licence or if not present at the court—surrender the licence to Transport for NSW as soon as practicable after being convicted, or(c) if the person is to be treated under subsection (2) as having been disqualified from holding a driver licence issued in this State—surrender the licence to Transport for NSW as soon as practicable after being disqualified from holding the Australian driver licence referred to in that subsection.Maximum penalty—20 penalty units.(4) Subject to the provisions of Division 2, a person who is disqualified from holding a driver licence cannot obtain another driver licence during the period of disqualification.(5) If a driver licence is surrendered to the court, the licence is to be delivered to Transport for NSW.(6) Any period for which a stay of execution is in force under section 63 of the Crimes (Appeal and Review) Act 2001 is not to be taken into account when calculating the length of a period of disqualification under this Division.
207A Commencement of disqualification
(1) The disqualification of a person from holding a driver licence as a consequence of being convicted of an offence by a court begins on the day that the court convicts the person unless the court orders that the disqualification begin on a later day specified by the court.(2) This section is subject to section 206A.s 207A: Ins 2017 No 46, Sch 1 [12].
Division 2 Mandatory alcohol interlock program
pt 7.4, Division 2: Subst 2014 No 42, Sch 1 [29].
208 Application of Division
(1) This Division applies to and in respect of a person convicted of a mandatory interlock offence committed on or after the commencement of this section.(2) (Repealed)s 208: Subst 2014 No 42, Sch 1 [29]. Am 2017 No 46, Sch 1 [13].
209 Definitions
(1) In this Division—means the following—(a) an offence against section 110(1)(a) or (b),(b) an offence against section 110(2)(a), (b) or (c),(c) an offence against section 110(3)(a), (b) or (c),(d) an offence against section 110(4)(a), (b) or (c),(e) an offence against section 110(5)(a), (b) or (c),(e1) a combined alcohol and drug driving offence,(f) an offence against section 112(1)(a), (b) or (c) involving driving a motor vehicle while under the influence of alcohol,(g) an offence against clause 16(1)(b) or 17(1)(a1) of Schedule 3,(h) any other offence that, at the time it was committed, was an alcohol-related major offence for the purposes of this Division or a former corresponding provision to this Division.converted interlock period—see section 213(5).former corresponding provision of this Division includes a provision of this Division as in force before its substitution by the Road Transport Amendment (Mandatory Alcohol Interlock Program) Act 2014.interlock driver licence means a conditional licence that restricts the holder of the licence to driving a motor vehicle fitted with an approved interlock device.interlock exemption order means an order under section 212.interlock period, in relation to a person, means the period—(a) starting on the day the person is issued with an interlock driver licence, and(b) ending on the later of the expiry of the interlock period applicable to the person under section 211 or the converted interlock period applicable to the person.mandatory interlock offence means any of the following offences—(a) an offence against section 110(1)(a) or (b) that is a second or subsequent offence by the offender for any other alcohol-related major offence,(b) an offence against section 110(2)(a), (b) or (c) that is a second or subsequent offence by the offender for any other alcohol-related major offence,(c) an offence against section 110(3)(a), (b) or (c) that is a second or subsequent offence by the offender for any other alcohol-related major offence,(d) an offence against section 110(4)(a), (b) or (c) that is a first offence or a second or subsequent offence by the offender for any other alcohol-related major offence,(e) an offence against section 110(5)(a), (b) or (c) that is a first offence or a second or subsequent offence by the offender for any other alcohol-related major offence,(e1) a combined alcohol and drug driving offence that is a first offence or a second or subsequent offence by the offender for any other alcohol-related major offence,(f) an offence against section 112(1)(a), (b) or (c) that involved driving under the influence of alcohol and that is a first offence or a second or subsequent offence by the offender for any other alcohol-related major offence,(g) an offence against clause 16(1)(b) or 17(1)(a1) of Schedule 3 that is a first offence or a second or subsequent offence by the offender for any other alcohol- related major offence that involved driving under the influence of alcohol,(h) any other offence prescribed by the statutory rules.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).mandatory interlock order means an order under section 211.offender means a person convicted of a mandatory interlock offence.participation in an interlock program—see section 215.(2) For the purposes of section 9(5)(e), an offence against an alcohol-related major offence is declared to be an equivalent offence to any other alcohol-related major offence (whether of the same or a different kind).s 209: Subst 2014 No 42, Sch 1 [29]. Am 2018 No 54, Sch 1 [10] [11]; 2021 No 3, Sch 1[14] [15].
210 Sanctions with respect to mandatory interlock offences
A court that convicts a person of a mandatory interlock offence committed on or after the commencement of this section must, at the time of conviction, make one of the following orders in respect of the person—(a) a mandatory interlock order,(b) an interlock exemption order.s 210: Subst 2014 No 42, Sch 1 [29].
211 Mandatory interlock orders
(1) A mandatory interlock order is an order that—(a) disqualifies a person convicted of a mandatory interlock offence from holding any driver licence for a period, being—(i) the minimum disqualification period for that kind of mandatory interlock offence, or(ii) a longer period (not exceeding the maximum disqualification period for that kind of offence) specified by the court, and(b) disqualifies the person from holding a driver licence (other than a learner licence or interlock driver licence) during the period of 5 years commencing on the day of the conviction unless the person has first held an interlock driver licence—(i) for a period (or periods in total) equivalent to the minimum interlock period, or(ii) for a longer period specified by the court.(2) In this section—maximum disqualification period for a mandatory interlock offence of a kind described in Column 1 of the Table to this section means the maximum disqualification period set out opposite the offence in Column 3 of that Table.minimum disqualification period for a mandatory interlock offence of a kind described in Column 1 of the Table to this section means the minimum disqualification period set out opposite the offence in Column 2 of that Table.minimum interlock period for a mandatory interlock offence of a kind described in Column 1 of the Table to this section means the minimum interlock period set out opposite the offence in Column 4 of that Table.(3) Any disqualification under this section is in addition to any penalty imposed for the offence.(4) A mandatory interlock order made in respect of a person ceases to have effect if, before the person completes the applicable interlock period, another mandatory interlock order is made in respect of the person.Table
212 Interlock exemption orders
(1) An interlock exemption order is an order that exempts an offender from the operation of section 211.(2) Section 205 (Disqualification for certain major offences) applies to and in respect of an offender to whom an interlock exemption order applies.Note—If an interlock exemption order is made, the offender concerned will automatically be disqualified from holding a driver licence for the relevant period set out in section 205 and will not be subject to the requirement to participate in an interlock program.(3) A court may make an interlock exemption order only if the offender proves to the court’s satisfaction—(a) that the offender does not have access to a vehicle in which to install an interlock device, orNote—For example, there is only one vehicle to which the offender has access in which an interlock device could be installed and it is used jointly with a family member or other person who has a medical condition preventing the person from providing a sufficient breath sample to operate the device and it is not reasonably practicable to modify the device.(b) that the offender has a medical condition diagnosed by a registered medical practitioner that prevents the offender from providing a sufficient breath sample to operate an approved interlock device and it is not reasonably practicable for an interlock device to be modified to enable the offender to operate the device, or(c) if the offender is convicted of an offence against section 110(4)(a), (b) or (c) or 111A(2) 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.(4) A person has access to a vehicle for the purposes of subsection (3)—(a) if the person is the registered operator, owner or part owner of the vehicle or shares the use of the vehicle with the registered operator, owner or part owner of the vehicle, and(b) it is reasonable in all the circumstances to install an interlock device in the vehicle.(5) An interlock exemption order must not be made (except in relation to a conviction for an offence against section 110(4)(a), (b) or (c) or 111A(2) that is a first offence) merely because an offender—(a) cannot afford the cost of installing or maintaining an approved interlock device, orNote—Financial assistance for use of approved interlock devices is available in certain cases—see section 48.(b) will be prevented from driving a vehicle in the course of his or her employment if a mandatory interlock order is made, or(c) has access to a vehicle but the registered operator of the vehicle refuses to consent to the installation of an interlock device in the vehicle.Note—For example, the offender’s spouse is the registered operator of the only vehicle to which the offender has access and the spouse refuses consent to installation of an interlock device in it; the offender owns a chauffeur-driven limousine business and seeks exemption from installing an interlock device in cars used in the business.(6) Transport for NSW may, by notice in writing given to an offender to whom an interlock exemption order applies, require the offender to undergo a drink driving education program nominated by Transport for NSW within a period specified by Transport for NSW.s 212: Subst 2014 No 42, Sch 1 [29]. Am 2015 No 58, Sch 1.11 [2]; 2018 No 28, Sch 1.32; 2018 No 54, Sch 1 [14] [15]; 2021 No 3, Sch 1[17].
213 Conversion of disqualification period of offender to whom interlock exemption order applies into interlock period
(1) This section applies to an offender to whom an interlock exemption order applies who has completed so much of the disqualification period applicable to the offender under section 205 as is equivalent to the minimum disqualification period that would have been required to be imposed on the offender under section 211(1)(a)(i) if the interlock exemption order had not been made.(2) Transport for NSW may suspend the disqualification period applicable under section 205 to the offender by issuing an interlock driver licence to the offender under this section.(3) Transport for NSW must not issue an interlock driver licence under this section unless—(a) the offender satisfies Transport for NSW that there has been a change in the circumstances that existed when the interlock exemption order applying to the offender was made that makes the participation of the offender in an interlock program feasible or practicable, and(b) any other requirements for issue of such an interlock driver licence under this Act have been satisfied.(4) The issue of an interlock driver licence under this section operates to suspend the disqualification of the offender and convert so much of the disqualification period applicable under section 205 as has not been completed (the incomplete disqualification period) into a converted interlock period.(5) The converted interlock period is the period—(a) commencing on the day the interlock driver licence is issued, and(b) ending on the later of the day on which—(i) the disqualification period (or periods in total) equivalent to the incomplete disqualification period ends, or(ii) the minimum interlock period (or periods in total) would have ended if a mandatory interlock order had been made against the offender.(5A) The minimum interlock period referred to in subsection (5)(b)(ii) commences on the day on which the interlock driver licence is issued and excludes any period of disqualification that would have applied to the offender under section 211(1)(a) had the mandatory interlock order been made.(6) The suspension under subsection (4) ceases to have effect before the end of the converted interlock period if the offender ceases to participate in an interlock program.Note—Section 215(2) provides for cessation of participation in an interlock program.(7) If such a suspension ceases to have effect, the offender is disqualified from holding a driver licence (other than an interlock driver licence or a learner licence) until the day on which a period of 5 years commencing on the day the offender was convicted of the relevant mandatory interlock offence ends.s 213: Subst 2014 No 42, Sch 1 [29]. Am 2015 No 58, Sch 1.11 [3] [4].
214 Dangerous driving offences in respect of which interlock orders may be made
(1) This section applies to a person who is—(a) convicted of a prescribed dangerous driving offence on or after the commencement of this section, and(b) disqualified by or because of the conviction or offence from holding a driver licence for a particular period.(2) A person to whom this section applies may, in addition to being disqualified by or because of the conviction or offence, be disqualified by the court convicting the offender from holding a driver licence (other than a learner licence) unless the person has first held an interlock driver licence for a period specified by the court of not less than 36 months.(3) Any interlock order under this section is in addition to any penalty imposed for the offence.(4) In this section—prescribed dangerous driving offence means the following—(a) an offence under section 52A(1)(a) or (3)(a) of the Crimes Act 1900 in circumstances where at the time of the impact occasioning death the accused was under the influence of intoxicating liquor,(b) an offence under section 52A(2) of the Crimes Act 1900 in circumstances where at the time of the impact occasioning death the prescribed concentration of alcohol was present in the accused’s breath or blood,(c) an offence under section 52A(4) of the Crimes Act 1900 in circumstances where at the time of the impact occasioning grievous bodily harm the prescribed concentration of alcohol was present in the accused’s breath or blood.s 214: Subst 2014 No 42, Sch 1 [29].
215 Participation in an interlock program
(1) Commencement of participation in interlock program and interlock period A person commences to participate in an interlock program on the date on which the person is issued with an interlock driver licence. The interlock period applicable to the person also commences on that date.(2) Cessation of participation A person ceases to participate in an interlock program—(a) if and when the person is convicted by a court of a major offence during the interlock period, or(b) during any period in which the person ceases to hold an interlock driver licence before the expiry of the interlock period applicable to the person (whether by reason of cancellation of the licence or otherwise), or(c) if and when the person is issued with a licence without an interlock condition.Note—The statutory rules provide that an applicant for issue of a licence may be required to undergo a fitness to drive assessment or do certain other things.(3) Without limiting the grounds on which Transport for NSW may refuse to issue a licence without an interlock condition as referred to in subsection (2)(c), it may refuse to issue the licence because of any contravention by the holder of an interlock driver licence of any interlock condition or any medical assessment concerning the holder’s fitness to drive.s 215: Subst 2014 No 42, Sch 1 [29].
215A Effect of completion of interlock period
(1) At the end of the day on which the holder of an interlock driver licence completes the interlock period applicable to the holder—(a) the disqualification period referred to in section 211(1)(a) in respect of which a mandatory interlock order or interlock exemption order was originally made or the incomplete disqualification period referred to in section 213 is taken to have expired, and(b) the holder is entitled to apply (if otherwise eligible) for a licence without an interlock condition.(2) Nothing in this section confers a right on the holder of an interlock driver licence who has completed an interlock period applicable to the holder to be issued with a licence without an interlock condition.(2A) Transport for NSW may, on the grounds prescribed by the statutory rules, refuse an application to vary an interlock driver licence so as to remove an interlock condition to which it is subject.(3) Any period during which an interlock driver licence held by a person is suspended is not to be taken into account in determining whether the person has completed the interlock period applicable to the person for the purposes of this section.(4) For the purposes of this Division, any period during which a person holds an external interlock driver licence while a mandatory interlock order is in force in respect of the person is taken to be a period during which the person holds an interlock driver licence. Accordingly, that period is to be taken into account in determining whether the person has completed the interlock period applicable to the person (in respect of that mandatory interlock order) for the purposes of this section.(5) In this section—external interlock driver licence means an Australian driver licence of another jurisdiction that is subject to a requirement under a law of that jurisdiction allowing the holder to drive only a motor vehicle fitted with an interlock device (however described).s 215A: Ins 2014 No 42, Sch 1 [29]. Am 2015 No 58, Sch 1.11 [5] [6].
215B Entitlement to apply for interlock driver licence
(1) A person in respect of whom a mandatory interlock order is made is entitled to apply for an interlock driver licence despite being disqualified from holding a licence—(a) if the application is made before the expiry of the disqualification period applicable to the person—no earlier than 28 days before the expiry of that period, or(b) at any time after the expiry of that period.(2) A person in respect of whom an interlock exemption order is made is entitled to apply for an interlock driver licence under section 213 despite being disqualified from holding a licence—(a) at any time after the end of the minimum disqualification period referred to in section 213 and no earlier than 28 days before the expiry of that period, or(b) at any time after the expiry of the disqualification period.(3) However, nothing in this Division confers a right on a person in respect of whom a mandatory interlock order or interlock exemption order is made to be issued with an interlock driver licence.s 215B: Ins 2014 No 42, Sch 1 [29].
Division 3
216–221 (Repealed)
pt 7.4, div 3 (ss 216–221): Rep 2017 No 46, Sch 1 [14].
Division 3A Removal of licence disqualifications
pt 7.4, div 3A: Ins 2017 No 46, Sch 1 [15].
221A Definitions
(1) In this Division—disqualified person means a person who is subject to a licence disqualification.driving offence means—(a) a major offence, or(b) an offence against the road transport legislation that relates to the driving of a motor vehicle (other than a parking offence).licence disqualification means a disqualification (imposed before or after the commencement of this Division) from holding or obtaining a driver licence that is imposed by a court or by the operation of this Act, and includes any consecutive or concurrent licence disqualification and any period of disqualification which does not commence until other disqualifications or other periods of licence cancellations or suspensions are completed.never-eligible offence means one of the following offences—(a) the offence of murder or manslaughter caused by the use of a motor vehicle,(b) an offence against the Crimes Act 1900 which comprises or includes causing death, grievous bodily harm or wounding by the use of a motor vehicle,(c) an offence against section 51A (Predatory driving) or 51B (Police pursuits) of the Crimes Act 1900,(d) an offence against section 117(1) (Negligent driving) or the former corresponding provision, which causes death or grievous bodily harm,(e) an offence against section 118(1) (Intentional menacing driving) or the former corresponding provision,(f) an offence against section 52AB (Offence of failing to stop and assist after vehicle impact causing death or grievous bodily harm) of the Crimes Act 1900 or an offence against section 146 of this Act that relates to an impact causing death or grievous bodily harm arising from the driving of a motor vehicle.pending proceedings for a driving offence means—(a) court proceedings for an alleged driving offence that have not been finally determined, or(b) a penalty notice issued for an alleged driving offence if—(i) the amount payable under the penalty notice has not been paid (in part or in full), and(ii) an election has not been made to have the matter determined by a court, and(iii) a penalty notice enforcement order under Part 3 of the Fines Act 1996 has not been issued in respect of the penalty notice, and(iv) a formal decision has not been made to withdraw or cease enforcement action on the penalty notice.relevant offence-free period, in relation to a disqualified person who has applied under this Division for the removal of his or her licence disqualifications, means—(a) 4 years, if the person has been convicted of any of the following offences committed within the period of 4 years before the determination of the person’s application by the Local Court under this Division (whether or not the licence disqualification imposed for that offence has been completed)—(i) a major offence, or(ii) an offence of exceeding a speed limit prescribed under this Act by more than 30 kilometres per hour, or(iii) an offence against section 115(1), 116(2) or 117(2), or(iv) any other offence prescribed by the statutory rules, or(b) 2 years, if all those licence disqualifications were imposed by this Act because the person was declared (or taken to have been declared) an habitual traffic offender under Division 3 (as in force immediately before its repeal), or(c) 2 years, in any other case.road transport legislation includes the Heavy Vehicle National Law (NSW), but does not include—(a) the Motor Vehicles Taxation Act 1988 or the regulations made under that Act, or(b) Schedule 2 or statutory rules made for the purposes of that Schedule.(2) For the avoidance of doubt, the date on which a person is convicted of an offence is not a relevant consideration for the purposes of a relevant offence-free period.s 221A: Ins 2017 No 46, Sch 1 [15]. Am 2018 No 87, Sch 1.23 [1]; 2019 No 21, Sch 1[1]–[3].
221B Local Court may remove licence disqualifications after relevant offence-free period
(1) The Local Court may, by order on application made in accordance with this Division, remove all licence disqualifications to which a disqualified person is then subject if—(a1) the disqualified person is eligible, having regard to section 221D, to make the application, and(a) the disqualified person has not been convicted of a driving offence committed during the relevant offence-free period for the applicant before the removal of the licence disqualifications, and(b) the Local Court considers that it is appropriate to do so.Note—See section 221D for persons who are not eligible to apply for the removal of licence disqualifications because of convictions at any previous time for certain serious offences.(2) The Local Court must take into account the following in determining whether it is appropriate to remove the licence disqualifications—(a) the safety of the public,(b) the applicant’s driving record (including the record before the relevant offence-free period for the applicant and the record for driving offences and other offences under the road transport legislation and for pending proceedings for alleged driving offences),(c) whether the applicant drove or was in a position to drive a vehicle during the relevant offence-free period for the applicant,(d) any relevant conduct of the applicant subsequent to the licence disqualifications,(e) the nature of the offence or offences giving rise to the licence disqualifications,(f) any other relevant circumstances (including, without limitation, the impact of the licence disqualifications on the applicant’s capacity to carry out family or carer responsibilities or on the applicant’s capacity to travel for the purposes of employment, business, education or training, the applicant’s health and finances and the availability of alternative forms of transport),(g) any other matter prescribed by the statutory rules.(3) The Local Court must be satisfied that the information provided to the Local Court relating to the applicant’s driving record is as current as practicable and have regard to the relevant offence-free period for the applicant that ends with the date of the latest report of the information provided to the Local Court.(4) Licence disqualifications that are removed by order of the Local Court cease to have effect (despite anything to the contrary in this Act) on the date the order is made or on such later date as is specified by the Local Court.(5) When it removes licence disqualifications, the Local Court is to explain the effect of the order to the applicant and, in particular, that the applicant will require a new driver licence before driving a motor vehicle.(6) The relevant registrar of the Local Court is required to notify Transport for NSW and the Commissioner of Police of the determination of an application under this Division.(7) The Local Court may adjourn proceedings on an application under this Division so that the applicant may participate in a driver education course or other program the Local Court considers appropriate or for any other reason the Local Court considers appropriate.(8) An appeal may not be made under the Crimes (Appeal and Review) Act 2001 against a decision of the Local Court under this Division.(9) A person who applied to the Local Court for the removal of licence disqualifications under this Division may apply to the Court for the annulment of the dismissal of the application by the Court, but only if the person was not in attendance before the Court when the application was dismissed.(10) The Local Court may grant an application for an annulment if it is satisfied that, having regard to the circumstances of the case, there is just cause for doing so. If an application for annulment is granted—(a) the Court may deal with the application for the removal of the licence disqualifications as if the application had not been dismissed, and(b) section 221C(4) does not apply to a decision to reject an application for the removal of licence disqualifications that is so annulled.(11) Nothing in this Division limits any power that a court has apart from this Division to annul, quash, set aside or vary a licence disqualification.s 221B: Ins 2017 No 46, Sch 1 [15]. Am 2019 No 21, Sch 1[4]–[6].
221C Application for removal of licence disqualifications
(1) This section applies to an application to the Local Court for the removal of licence disqualifications under this Division.(2) An application—(a) is to include any relevant matter that the applicant requests the Local Court to take into account in determining the application, and(b) is to be accompanied by an up-to-date statement of the applicant’s driving record issued by Transport for NSW, and(c) is to contain particulars of any pending proceedings against the applicant for an alleged driving offence.(3) In order to ensure the accuracy and currency of the information available to determine an application, the Local Court may require reports to be provided to the Court in relation to the applicant or require earlier reports to be updated, including—(a) police reports with respect to the criminal record of the applicant, and(b) reports from Transport for NSW with respect to the driving record of the applicant, and(c) reports from the Commissioner of Fines Administration with respect to any penalty notices that are pending proceedings against the applicant for alleged driving offences.(4) An application for the removal of licence disqualifications under this Division cannot be made within 12 months after the Local Court has rejected an earlier application for the removal of any of those licence disqualifications.s 221C: Ins 2017 No 46, Sch 1 [15]. Am 2020 No 30, Sch 4.85[11].
221D Disqualified persons not eligible to apply for removal of licence disqualification
(1) A disqualified person is not eligible to make an application to the Local Court for the removal of licence disqualifications under this Division if the person has, before making the application, been convicted of a never-eligible offence (whether or not a licence disqualification was imposed in connection with the offence).(2) A disqualified person is not eligible to make an application to the Local Court for the removal of a licence disqualification under this Division if it is the disqualification of a person from holding a driver licence (other than a learner licence or interlock driver licence) imposed under section 211(1)(b) or 214(2).(3) A disqualified person is also not eligible to make an application to the Local Court for the removal of a licence disqualification under this Division if the person has committed a driving offence during the relevant offence-free period before the making of the application that would preclude the making of an order to remove those licence disqualifications.s 221D: Ins 2017 No 46, Sch 1 [15]. Am 2019 No 21, Sch 1[7].
221E Rehearing of order removing licence disqualifications—undisclosed offences during relevant offence-free period
(1) This section applies where—(a) the Local Court makes an order under this Division removing licence disqualifications, and(b) Transport for NSW, after being notified of the order, has reason to believe the applicant has committed a driving offence during the relevant offence-free period for the applicant ending at the time the order was made that would preclude the making of the order, and(c) Transport for NSW notifies the relevant registrar of the Local Court of the alleged offence.(2) The relevant registrar, by notice to the applicant for the order, is to advise the applicant that the matter is to be reheard and set the matter down for rehearing by the Local Court.(3) On the rehearing, the Local Court may set aside the order and re-determine the application for the order.(4) Transport for NSW is to defer any application for the issue of a driver licence to the applicant for the order until the matter is reheard.s 221E: Ins 2017 No 46, Sch 1 [15]. Am 2019 No 21, Sch 1[8].
221F Rehearing of order removing licence disqualifications—never-eligible offences
(1) This section applies to a person if—(a) the Local Court makes an order under this Division removing licence disqualifications of the person, and(b) the person had, before the making of the order, been convicted of a never-eligible offence.(2) Transport for NSW may, after becoming aware that the Local Court has made an order under this Division removing the licence disqualifications of a person to whom this section applies—(a) notify the relevant registrar of the Local Court that the person had, before the making of the order, been convicted of a never-eligible offence, and(b) if the person makes an application for a driver licence—defer the application until the matter is reheard by the Local Court.(3) The Local Court, after being notified as referred to in subsection (2)(a), is to reopen proceedings on the application for an order removing the licence disqualifications and, if the Court is satisfied that the applicant had been convicted of a never-eligible offence before the making of the order, revoke the order.(4) If an order removing a licence disqualification is revoked, the licence disqualification that was removed is reinstated.s 221F: Ins 2019 No 21, Sch 1[9].
Division 4 Suspension of licences and visiting driver privileges
222 Definitions
(cf Gen Act, ss 204A and 206(1))
In this Division—applicable learner licence has the same meaning as in Part 5.1.applicable provisional licence has the same meaning as in Part 5.1.means a person—(a) who is not the holder of a driver licence issued in this jurisdiction, and(b) who, being the holder of a licence or permit issued in a place outside this jurisdiction, has the benefit of any provision of the road transport legislation conferring on the person authority to drive in this jurisdiction.grievous bodily harm has the same meaning as in the Crimes Act 1900.
223 Suspension of licence by Commissioner of Police
(cf Gen Act, s 204)
(1) The Commissioner of Police may suspend a driver licence of any driver, for a period not exceeding 14 days, who—(a) is in the Commissioner’s opinion an incompetent, reckless or careless driver, or(b) is found under the influence of liquor.(2) The Commissioner of Police must immediately—(a) notify Transport for NSW that the Commissioner has suspended the licence and the grounds for the suspension, and(b) report to Transport for NSW whether in the Commissioner’s opinion a further suspension or the cancellation of the licence is warranted or is desirable in the interest of public safety.(3) A driver licence that is suspended under this section is to be surrendered by the holder and forwarded to Transport for NSW with the notification of the suspension.
223A Suspension of foreign driver
(1) The Commissioner of Police may suspend the authority of the holder of a foreign driver licence to drive in this jurisdiction if the total number of demerit points specified under section 32 for all relevant offences during the relevant 3-year period is 13 or more.(2) The suspension must not exceed 14 days.(3) The Commissioner of Police must immediately—(a) notify Transport for NSW that the Commissioner has suspended the authority and the grounds for the suspension, and(b) report to Transport for NSW whether in the Commissioner’s opinion a further suspension or the cancellation of the authority is warranted or is desirable in the interest of public safety.(4) In this section—relevant 3-year period means the 3-year period immediately before the suspension under this section would commence.relevant offence means an offence against an Act or statutory rule—(a) for which a penalty notice has been issued to the holder of a foreign driver licence, and(b) for which demerit points may, but have not yet been, incurred.s 223A: Ins 2020 No 33, Sch 1[32].
224 When immediate licence suspension notice may be issued by police officer
(cf Gen Act, ss 205(1)–(2), (4) and (7) and 206(1)–(2B), (4) and (5))
(1) A police officer may give a driver a suspension notice (an immediate licence suspension notice) in any of the following circumstances—(a) if the driver is charged by a police officer (whether or not the same police officer) with 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 against section 33, 35(2), 52A or 54 of the Crimes Act 1900,(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),(b) if the driver is charged by the police officer or another police officer with an offence against section 110(4) or (5), 112(1), 115 or 116(2) or clause 16(1)(b), 17(1)(a1) or (2) or 18(1)(a), (b) or (e) of Schedule 3,(c) if it appears to a police officer (whether or not the same police officer) that the driver has committed an offence against this Act or the statutory rules (other than a camera recorded offence within the meaning of Division 2 of Part 7.3) of—(i) exceeding a speed limit prescribed under this Act by more than 45 kilometres per hour, or(ii) exceeding a speed limit prescribed under this Act by more than 30 kilometres per hour but not more than 45 kilometres per hour, as the holder of an applicable learner licence or applicable provisional licence for the class of vehicle being driven or as the holder of a foreign driver licence,(d) if it appears to a police officer (whether or not the same police officer) that the driver has committed an offence against the statutory rules of being the holder of an applicable learner licence driving unaccompanied by a supervising driver.(2) An immediate licence suspension notice may be given to a driver at any time within 48 hours of—(a) the driver being issued with a penalty notice for the offence concerned, or(b) the driver being charged with the offence concerned.(3) An immediate licence suspension notice for the purposes of this section is a notice in a form approved by Transport for NSW that informs that driver of the following—(a) the relevant suspension information for the driver concerned that is referred to in subsection (4),(b) the driver’s right of appeal under Part 7.8.(4) The relevant suspension information for an immediate licence suspension notice for a driver is as follows—(a) if the driver holds a driver licence issued in this jurisdiction and is charged with an offence referred to in subsection (1)(a), (a1), (b), (c) or (d)—a statement to the effect that any driver licence held by the driver 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),(b) if the driver is an authorised visiting driver and is charged with an offence referred to in subsection (1)(a), (a1), (b), (c) or (d)—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 the charge is heard and determined by a court (or until the charge is withdrawn),(b1) if the driver holds a driver licence issued in this jurisdiction and is issued 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 issued 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,(c) if the driver holds a driver licence issued in this jurisdiction and is issued with a penalty notice for an offence referred to in subsection (1)(c) or (d)—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 6 months (in the case of an offence referred to in subsection (1)(c)(i)) or 3 months (in the case of an offence referred to in subsection (1)(c)(ii) or (d)) 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,(d) if the driver is an authorised visiting driver and is issued with a penalty notice for an offence referred to in subsection (1)(c) or (d)—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 6 months (in the case of an offence referred to in subsection (1)(c)(i)) or 3 months (in the case of an offence referred to in subsection (1)(c)(ii) or (d)) 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.(4A) If a driver is given an immediate licence suspension notice under subsection (1) in relation to an offence against section 110, other than a driver issued with a penalty notice for an offence under section 224(1)(a1), and the driver is subsequently charged with an offence against section 111A, the licence suspension continues until—(a) the charge for the offence against section 111A is withdrawn or heard and determined by the court, and(b) any other charges for which the immediate licence suspension notice was given are withdrawn or heard and determined by the court.(5) Particulars of each immediate licence suspension notice given under this section are to be forwarded to Transport for NSW immediately after the notice is given.(6) For the purposes of this section—(a) a person is charged with an offence when particulars of the offence are notified in writing to the person by a police officer, and(b) a charge is withdrawn when the person charged is notified in writing of that fact by a police officer or when it is withdrawn before the court, and(c) a charge is determined by a court when the offence is proved or the court attendance notice is dismissed, and(d) a decision is made not to take or continue proceedings against a person when the person is notified in writing of that fact by a police officer or the proceedings are discharged by the court, and(e) a decision is made not to enforce a penalty notice in relation to a person when the person is notified in writing of that fact by—(i) a police officer, or(ii) an appropriate officer for the penalty notice within the meaning of Part 3 of the Fines Act 1996, or(iii) the Commissioner of Fines Administration.s 224: Am 2013 No 82, Sch 2.13; 2014 No 49, Sch 1 [4]; 2018 No 15, Sch 1 [17]; 2018 No 54, Sch 1 [17]–[19]; 2020 No 33, Sch 1[18] [33]; 2021 No 3, Sch 1[18].
225 Effect of immediate licence suspension notice
(cf Gen Act, ss 205(3), (5) and (6) and 206(3))
(1) If an immediate licence suspension notice is given to a driver—(a) in the case of a driver who holds a driver licence issued in this jurisdiction—any driver licence held by the driver in this jurisdiction is suspended in accordance with the terms of the notice, or(b) in the case of a driver who is an authorised visiting driver—any authority of the driver to drive in this jurisdiction is suspended in accordance with the terms of the notice.(2) If a person who holds a driver licence issued in this jurisdiction is given an immediate licence suspension notice, the person must surrender the person’s driver licence in compliance with the notice.Maximum penalty—20 penalty units.(3) (Repealed)(4) An immediate licence suspension notice has effect even if the driver licence concerned has already been suspended.s 225: Am 2014 No 42, Sch 1 [30] [31]; 2017 No 46, Sch 1 [16] [17].
Division 5 Downgrading of licences
226 Downgrading of driver licences
(cf Gen Act, s 207)
(1) If a driver licence is cancelled as a special measure and the offence or offences (or alleged offence or offences) that gave rise to the cancellation arose wholly or mainly out of the use of a motor vehicle or trailer of a class prescribed for the purposes of this section, Transport for NSW may issue the former licensee with another driver licence in substitution for the cancelled driver licence that does not authorise the driving of motor vehicles or trailers of that class.(2) For the purposes of this section, a driver licence is cancelled as a special measure if it is cancelled by—(a) the operation of the road transport legislation as a result of the imposition on the licensee of a period of disqualification from holding a driver licence, or(b) Transport for NSW under this Act because of—(i) the licensee’s driving record of offences or alleged offences, or(ii) an alleged speeding offence referred to in section 59.(3) The statutory rules may make provision for or with respect to the exercise by Transport for NSW of its power under this section.(4) Nothing in this section—(a) limits any discretion of Transport for NSW under the road transport legislation to decline to issue a driver licence to a person or cancel a driver licence, or(b) permits the issue of any driver licence to a person who for the time being is disqualified from holding one.
Part 7.5 Compensation orders
227 Court may order compensation for damages and other losses
(cf Gen Act, s 208)
A court that convicts a person of an offence against the road transport legislation may order any person to pay such an amount as compensation for loss of time or expense incurred in consequence of the offence of which the defendant was convicted as the court thinks fit.
228 Compensation for loss of time
(cf Gen Act, s 209)
(1) If proceedings are commenced by any person (other than a police officer or Transport for NSW) for any offence against the road transport legislation and the proceedings are dismissed or withdrawn, the court concerned may, if it thinks fit, order that the person bringing the proceedings pay to the defendant, in addition to any costs, such compensation for loss of time or otherwise as seems reasonable.(2) Subsection (1) extends to a court hearing an appeal in any such proceedings.
229 (Repealed)
s 229: Rep 2013 No 71, Sch 2.2 [22].
230 Assessment of compensation
(cf Gen Act, s 211)
(1) In making a roads compensation order, the court may assess the amount of compensation in the manner it considers appropriate, including (for example) the estimated cost of remedying the damage.(2) In assessing the amount of compensation, the court may take into account the matters it considers relevant, including—(a) any evidence adduced in connection with the prosecution of the offence, and(b) any evidence not adduced in connection with the prosecution of the offence but adduced in connection with the making of the proposed order, and(c) any certificate of the roads authority stating that the roads authority maintains the road concerned, and(d) any other certificate of the roads authority, such as a certificate—(i) estimating the monetary value of all or any part of the road infrastructure or of the damage to it, or(ii) estimating the cost of remedying the damage, or(iii) estimating the extent of the offender’s contribution to the damage.
231 Service of certificates
(cf Gen Act, s 212)
(1) If a roads authority proposes to use a certificate referred to in section 230 in proceedings, the roads authority must serve a copy of the certificate on the defendant at least 28 working days before the day on which the matter is set down for hearing.(2) Any such certificate cannot be used in the proceedings unless a copy of the certificate has been served in accordance with this section.(3) A defendant who wishes to challenge a statement in any such certificate must serve a notice in writing on the roads authority at least 14 working days before the day on which the matter is set down for hearing.(4) The notice of intention must specify the matters in the certificate that are intended to be challenged.(5) If the defendant is intending to challenge the accuracy of any measurement, analysis or reading in the certificate, the defendant must specify the reason why the defendant alleges that it is inaccurate and must specify the measurement, analysis or reading that the defendant considers to be correct.(6) The defendant cannot challenge any matter in the certificate if the requirements of this section have not been complied with in relation to the certificate, unless the court gives leave to do so in the interests of justice.
232 Limits on amount of compensation
(cf Gen Act, s 213)
(1) If, in making a roads compensation order, the court is satisfied that the commission of the offence concerned contributed to the damage but that other factors not connected with the commission of the offence also contributed to the damage, the court must limit the amount of the compensation payable by the offender to the amount it assesses as being the offender’s contribution to the damage.(2) The maximum amount of compensation cannot exceed the monetary jurisdictional limit of the court in civil proceedings.(3) The court may not include in the roads compensation order any amount for—(a) personal injury or death, or(b) loss of income (whether sustained by a roads authority or any other person or organisation), or(c) damage to any property (including a vehicle) that is not part of the road infrastructure.
233 Costs
(cf Gen Act, s 214)
The court has the same power to award costs in relation to the proceedings for a compensation order under this Part as it has in relation to civil proceedings, and the relevant provisions of laws applying to costs in relation to civil proceedings apply with any necessary adaptations to costs in relation to the proceedings for the compensation order.
234 Enforcement of compensation order and costs
(cf Gen Act, s 215)
A compensation order under this Part, and any award of costs, are enforceable as if they were a judgment of the court in civil proceedings.
235 Relationship with orders or awards of other courts and tribunals
(cf Gen Act, s 216)
(1) A compensation order under this Part may not be made if another court or tribunal has awarded compensatory damages or compensation in civil proceedings in respect of the damage based on the same or similar facts, and if a court purports to make an order under this Part in those circumstances—(a) the order is void to the extent that it covers the same matters as those covered by the other award, and(b) any payments made under the order to the extent to which it is void must be repaid by the roads authority.(2) The making of a compensation order under this Part does not prevent another court or tribunal from afterwards awarding damages or compensation in civil proceedings in respect of the damage based on the same or similar facts, but the court or tribunal must take the order into account when awarding damages or compensation.(3) Nothing in this Part affects or limits any liability to pay costs under section 102 of the Roads Act 1993, except as provided by this section.
Part 7.6 Sanctions concerning vehicles
Division 1 General
236 Object and effect of Part
(cf Gen Act, s 217)
(1) This Part provides for the imposition of certain sanctions in addition to any other penalties that may be imposed by or under the road transport legislation with respect to sanctionable offences.(2) Nothing in this Part affects any discretion or power that a court or person has apart from this Part in respect of any sanctionable or other offence.
237 Definitions
(cf Gen Act, s 217A)
(1) In this Part—camera recorded offence means a speeding offence that was recorded by an approved traffic enforcement device that is approved for excess speed imaging or average speed detection.crash test means a test to measure the effect of the impact of a motor vehicle that collides with another vehicle or other object, or a pedestrian, that is conducted by a person or body designated by Transport for NSW.designated speed limit, in relation to a driver on a length of r