(1) In this Act—alcohol or other drug related driving offence means an offence that—
(a) involves the presence of alcohol in a person’s breath or blood or the presence of a drug (other than alcohol) in a person’s oral fluid, blood or urine, and
(b) is prescribed by the statutory rules.
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.
Australian authorised officer means—
(a) an authorised officer for the purposes of this Act, or
(c) an individual of another jurisdiction of a class prescribed by the statutory rules.
Australian Authority means any of the following—
(d) any other person or body of another jurisdiction prescribed by the statutory rules for the purposes of this definition.
Australian driver licence means—
(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—
(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.
authorised officer means—
(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.
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—
(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.
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
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—
(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—
(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.
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.
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), and
(b) a container (whether empty or not),
but does not include people, fuel, water, lubricants and equipment required for the normal operation of the vehicle or combination in which they are carried.
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 rail vehicle means—
(b) any other light rail system prescribed by the statutory rules.
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, and
(d) anything that is normally removed from the vehicle or combination when not in use,
and includes a part of a load as so defined.
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,
(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),
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.
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
(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),
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.
public authority 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, or
(ii) open to access by the public,
(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,
but does not include—
(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.
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
(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), and
(f) anything declared by the statutory rules to be included in this definition,
but does not include anything declared by the statutory rules to be excluded from this definition.
road related area 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.
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, and
(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,
whether or not its movement is aided by some other power source, but does not include—
(c) a motor vehicle being towed, or
(d) anything declared by the statutory rules to be excluded from this definition.
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.
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