changes to road transport (general) act 2005 to … · changes to road transport (general) act 2005...

Changes to Road Transport (General) Act 2005 to create Road Transport (Vehicle and Driver Management) Act 2005 [Note: repealed provisions are mostly to be found in the Road Transport Act 2013] RT (General) Act 2005 – until 30 June 2013 Amended/repealed/retained Road Transport (Vehicle and Driver

Management) Act 2005 Comment

1 Name of Act Amendment 1 Name of Act [Road Transport (Vehicle and Driver Management) Act 2012]

2 Commencement TBA 2 Commencement

3 Definitions

3 Definitions Some changes. See also RT Act 4 Definitions 5 References to ‘road’ generally include ‘road related area’ 7 Meaning of ‘registration’ and ‘registered’ in relation to a vehicle 8 Meaning of ‘registered operator’ and ‘Australian registered operator’ in relation to a vehicle or combination 174 Expanded meaning of ‘driver’

4 Notes 4 Notes

5 Meaning of “road transport legislation” Repealed 5 Repealed See RT Act 5 Meaning of “road transport legislation”

6 Responsible person for a vehicle Repealed 6 Repealed See RT Act 10 Meaning of ‘responsible person’ for a vehicle

7 Rights, liabilities and obligations of multiple responsible persons

Repealed 7 Repealed See RT Act 11 Rights, liabilities and obligations of multiple responsible persons

8 Act to bind Crown Retained 8 Act to bind Crown

9 Contracting out prohibited Retained 9 Contracting out prohibited

10 Regulations Retained 10 Regulations

11 National road transport regulations Amended 11 Regulations relating to mass, dimension and load requirements etc.

11A Regulations relating to intelligent Retained Regulations relating to intelligent transport

RT (General) Act 2005 – until 30 June 2013 Amended/repealed/retained Road Transport (Vehicle and Driver Management) Act 2005

Comment

transport systems systems

11B Regulations relating to fatigue management

Retained 11B Regulations relating to fatigue management

11C Regulations relating to speeding compliance

Retained 11C Regulations relating to speeding compliance

12 Regulations may provide that Roads Act 1993 does not apply in certain circumstances

Retained 12 Regulations may provide that Roads Act 1993 does not apply in certain circumstances

13 Regulations may exclude vehicles, animals and persons from this Act or the regulations

Retained 13 Regulations may exclude vehicles, animals and persons from this Act or the regulations

14 General relationship with other laws Repealed 14 Repealed See RT Act 14 General relationship with other laws

15 Power to include or exclude areas in road transport legislation

Repealed 15 Repealed See RT Act 18 Power to include or exclude areas in road transport legislation

16 Power to exclude vehicles, persons or animals from road transport legislation

Repealed 16 Repealed See RT Act 19 Power to exclude vehicles, persons or animals from road transport legislation

17 Consultation required with Minister administering Motor Accidents Act 1988 in certain cases

Repealed 17 Repealed See RT Act 20 Consultation required with Minister administering Motor Accidents Act 1988 in certain cases

18 Authority to maintain database of declarations and orders made under this Part

Repealed 18 Repealed See RT Act 22 Authority to maintain database of declarations and orders made under this Part

19 Operation of this Chapter Retained 19 Operation of this Chapter

20 Definitions Retained 20 Definitions

21 Operators Retained 21 Operators

22 Driver’s base Retained 22 Driver’s base

23 Associates Retained 23 Associates

24 Determining whether a breach “involves” Retained 24 Determining whether a breach “involves” risk

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1993%20AND%20no%3D33&nohits=y







Comment

risk

25 Meaning of “imminent” loss or shifting of load

Retained 25 Meaning of “imminent” loss or shifting of load

26 Regulations may impose restrictions Retained 26 Regulations may impose restrictions

27 Excess permits Amended 27 Excess permits Additional subclause (6)

28 Mass requirements on certain roads and bridges etc

Retained 28 Mass requirements on certain roads and bridges etc

28A Incremental pricing schemes Retained 28A Incremental pricing schemes

29 Operation of this Part Retained 29 Operation of this Part

30 Categories generally Retained 30 Categories generally

31 Minor risk breaches Retained 31 Minor risk breaches

32 Substantial risk breaches Retained 32 Substantial risk breaches

33 Severe risk breaches Retained 33 Severe risk breaches

34 Lower limits—mass breaches Retained 34 Lower limits—mass breaches

35 Lower limits—width breaches Retained 35 Lower limits—width breaches

36 Lower limits—width breaches: overall width of vehicle or combination

Retained 36 Lower limits—width breaches: overall width of vehicle or combination

37 Lower limits—height breaches Retained 37 Lower limits—height breaches

38 Lower limits—overall length breaches Retained 38 Lower limits—overall length breaches

39 Lower limits—width breaches: recategorisation of certain breaches

Retained 39 Lower limits—width breaches: recategorisation of certain breaches

40 Lower limits—overall length breaches: recategorisation of certain breaches involving rear projections

Retained 40 Lower limits—overall length breaches: recategorisation of certain breaches involving rear projections

41 Lower limits—dimension breaches: recategorisation of certain breaches involving dangerous projections

Retained 41 Lower limits—dimension breaches: recategorisation of certain breaches involving dangerous projections

42 Regulations for increasing lower limits Retained 42 Regulations for increasing lower limits

43 Special categorisation of breaches of requirements relating to dangerous projections

Retained 43 Special categorisation of breaches of requirements relating to dangerous projections


Comment

44 Other provisions for categorisation to prevail

Retained 44 Other provisions for categorisation to prevail

45 Minor risk breaches Retained 45 Minor risk breaches

46 Substantial risk breaches Retained 46 Substantial risk breaches

47 Severe risk breaches Retained 47 Severe risk breaches

48 Detention of vehicles Retained 48 Detention of vehicles

49 Authorisation to continue journey where only minor risk breaches

Retained 49 Authorisation to continue journey where only minor risk breaches

50 Operation of directions in relation to combinations

Retained 50 Operation of directions in relation to combinations

51 Directions and authorisations to be in writing

Retained 51 Directions and authorisations to be in writing

52 Application of Division in relation to other directions

Retained 52 Application of Division in relation to other directions

53 Liability of consignor Retained 53 Liability of consignor

54 Liability of packer Retained 54 Liability of packer

55 Liability of loader Retained 55 Liability of loader

56 Liability of operator Retained 56 Liability of operator

57 Liability of driver Retained 57 Liability of driver

58 Liability of consignee Retained 58 Liability of consignee

59 Penalty levels: offences referred to in Table to Division

Retained 59 Penalty levels: offences referred to in Table to Division

Table of penalties for mass, dimension and load restraint breaches

Retained Table of penalties for mass, dimension and load restraint breaches

60 Matters to be taken into consideration by courts

Retained 60 Matters to be taken into consideration by courts

61 Default categorisation Retained 61 Default categorisation

62 Application of Division Retained 62 Application of Division

63 Meaning of “responsible entity” Retained 63 Meaning of “responsible entity”

64 Container weight declarations Retained 64 Container weight declarations

65 Complying container weight declarations Retained 65 Complying container weight declarations


Comment

66 Duty of responsible entity Retained 66 Duty of responsible entity

67 Duty of operator Retained 67 Duty of operator

68 Duty of driver Retained 68 Duty of driver

69 Liability of consignee—knowledge of matters relating to container weight declaration

Retained 69 Liability of consignee—knowledge of matters relating to container weight declaration

70 Recovery of losses for non-provision of container weight declaration

Retained 70 Recovery of losses for non-provision of container weight declaration

71 Recovery of losses for provision of inaccurate container weight declaration

Retained 71 Recovery of losses for provision of inaccurate container weight declaration

72 Recovery of amount by responsible entity Retained 72 Recovery of amount by responsible entity

73 Assessment of monetary value or attributable amount

Retained 73 Assessment of monetary value or attributable amount

74 Costs Retained 74 Costs

75 False or misleading transport documentation: liability of consignor, packer, loader, receiver and others

Retained 75 False or misleading transport documentation: liability of consignor, packer, loader, receiver and others

76 Definitions Retained 76 Definitions

77 Offence of contravening condition Retained 77 Offence of contravening condition

78 Effect of contravening condition—prosecutions or other action

Retained 78 Effect of contravening condition—prosecutions or other action

79 Operation of Division Retained 79 Operation of Division

80 Liability of registered operators and owners

Retained 80 Liability of registered operators and owners

81 Complicity and common purpose (aiding and abetting

Retained 81 Complicity and common purpose (aiding and abetting

82 Causing or permitting Retained 82 Causing or permitting

83 Coercing, inducing or offering incentive Retained 83 Coercing, inducing or offering incentive

84 Sudden or extraordinary emergency Retained 84 Sudden or extraordinary emergency

85 Lawful authority Retained 85 Lawful authority

86 Other defences Retained 86 Other defences


Comment

88 Reasonable steps defence for other mass, dimension and load restraint requirements

Retained 88 Reasonable steps defence for other mass, dimension and load restraint requirements

89 Reasonable steps defence—reliance on container weight declaration

Retained 89 Reasonable steps defence—reliance on container weight declaration

90 Defence of mistaken and reasonable belief not available for specified offences

Retained 90 Defence of mistaken and reasonable belief not available for specified offences

91 Meaning of “deficiency concerning a vehicle or combination”

Retained 91 Meaning of “deficiency concerning a vehicle or combination”

92 Special defence for all owners or operators

Retained 92 Special defence for all owners or operators

93 Special defence for drivers, owners and operators of light vehicles

Retained 93 Special defence for drivers, owners and operators of light vehicles

94 Special defence for drivers Retained 94 Special defence for drivers

95 Special defence of compliance with direction

Retained 95 Special defence of compliance with direction

96 Provisions relating to first offences and second or subsequent offences

Retained 96 Provisions relating to first offences and second or subsequent offences

97 Operation of Part Retained 97 Operation of Part

98 Penalties imposed by courts Retained 98 Penalties imposed by courts

99 Definition Retained 99 Definition

100 Improvement notices Retained 100 Improvement notices

101 Contravention of improvement notice Retained 101 Contravention of improvement notice

102 Amendment of improvement notices Retained 102 Amendment of improvement notices

103 Cancellation of improvement notices Retained 103 Cancellation of improvement notices

104 Clearance certificates Retained 104 Clearance certificates

105 Formal warnings Retained 105 Formal warnings

106 Withdrawal of formal warnings Retained 106 Withdrawal of formal warnings

107 Commercial benefits penalty orders Retained 107 Commercial benefits penalty orders

108 Power to affect vehicle registration Retained 108 Power to affect vehicle registration

109 Supervisory intervention orders Retained 109 Supervisory intervention orders

110 Contravention of supervisory Retained 110 Contravention of supervisory intervention


Comment

intervention order order

111 Prohibition orders Retained 111 Prohibition orders

112 Contravention of prohibition order Retained 112 Contravention of prohibition order

113 Effect of administrative actions of authorities of other jurisdictions

Retained 113 Effect of administrative actions of authorities of other jurisdictions

114 Effect of court orders of other jurisdictions

Retained 114 Effect of court orders of other jurisdictions

115 Declared zones and routes Retained 115 Declared zones and routes

116 Dismissal or other victimisation of employee or contractor assisting with or reporting breaches

Retained 116 Dismissal or other victimisation of employee or contractor assisting with or reporting breaches

117 Confidentiality Retained 117 Confidentiality

118 False or misleading information provided to responsible persons

Retained 118 False or misleading information provided to responsible persons

119 Authority may provide information to TfNSW and corresponding Authorities

Retained 119 Authority may provide information to TfNSW and corresponding Authorities

120 Exemption from liability Retained 120 Exemption from liability

121 Authorised officers Repealed 121 repealed See RT Act 166 Authorised officers

122 Exercise of powers by authorised officers Repealed 167 repealed

See RT Act 167 Exercise of powers by authorised officers

123 Delegation Repealed 123 repealed See RT Act 273 Delegation of functions under road transport legislation

124 Identification cards Repealed 124 repealed See RT Act 168 Identification cards

125 Production of identification Repealed 125 repealed See RT Act 169 Production of identification

126 Return of identification cards Failure to return authorised officer

Repealed 126 repealed See RT Act 170 Return of identification cards


Comment

identification card

127 Reciprocal powers of officers Repealed 127 repealed See RT Act 171 Reciprocal powers of officers

128 Authority may exercise powers of authorised officers

Repealed 128 repealed See RT Act 166 Authorised officers

129 Amendment or revocation of directions or conditions

Repealed 129 repealed See RT Act 172 Amendment or revocation of directions or conditions

130 Application of Part Retained 130 Application of Part

131 Meaning of qualified, fit or authorised to drive or run engine

Retained 131 Meaning of qualified, fit or authorised to drive or run engine

132 Meaning of unattended vehicle or combination and driver of disconnected trailer

Retained 132 Meaning of unattended vehicle or combination and driver of disconnected trailer

133 Meaning of broken down vehicle or combination

Retained 133 Meaning of broken down vehicle or combination

134 Meaning of compliance purposes Retained 134 Meaning of compliance purposes

135 Application of Division Retained 135 Application of Division

136 Direction to stop vehicle or combination: to enable exercise of other powers

Retained 136 Direction to stop vehicle or combination: to enable exercise of other powers

137 Direction to move vehicle or combination: to enable exercise of other powers

Retained 137 Direction to move vehicle or combination: to enable exercise of other powers

138 Direction to move vehicle or combination: where danger or obstruction

Retained 138 Direction to move vehicle or combination: where danger or obstruction

139 Direction to leave vehicle or combination

Retained 139 Direction to leave vehicle or combination

140 Manner of giving directions under this Division

Retained 140 Manner of giving directions under this Division

141 Moving unattended vehicle or combination: to enable exercise of other

Retained 141 Moving unattended vehicle or combination: to enable exercise of other functions


Comment

functions

142 Moving unattended or broken down vehicle or combination: where danger or obstruction

Retained 142 Moving unattended or broken down vehicle or combination: where danger or obstruction

143 Operator’s authorisation not required for driving under this Division

Retained 143 Operator’s authorisation not required for driving under this Division

144 Power to inspect vehicle or combination on a road, public place or certain official premises

Retained 144 Power to inspect vehicle or combination on a road, public place or certain official premises

145 Power to search vehicle or combination on a road, public place or certain official premises

Retained 145 Power to search vehicle or combination on a road, public place or certain official premises

146 Additional vehicle search powers relating to fatigue offences

Retained 146 Additional vehicle search powers relating to fatigue offences

147 Power to inspect premises Retained 147 Power to inspect premises

148 Power to search premises Retained 148 Power to search premises

149 Residential purposes Retained 149 Residential purposes

150 Direction to produce records, devices or other things

Retained 150 Direction to produce records, devices or other things

151 Direction to give name and other personal details in cases relating to heavy vehicle offences

Retained 151 Direction to give name and other personal details in cases relating to heavy vehicle offences

152 Direction to provide information Retained 152 Direction to provide information

153 Direction to provide reasonable assistance for powers of inspection and search

Retained 153 Direction to provide reasonable assistance for powers of inspection and search

154 Provisions relating to running engine Retained 154 Provisions relating to running engine

154A Directions relating to driver fatigue Retained 154A Directions relating to driver fatigue

155 Manner of giving directions under this Division

Retained 155 Manner of giving directions under this Division

156 Directions to state when to be complied Retained 156 Directions to state when to be complied with


Comment

with

157 Warrants Retained 157 Warrants

158 Use of assistants and equipment Retained 158 Use of assistants and equipment

159 Use of equipment to examine or process things

Retained 159 Use of equipment to examine or process things

160 Use or seizure of electronic equipment Retained 160 Use or seizure of electronic equipment

161 Receipt for and access to seized material Retained 161 Receipt for and access to seized material

162 Embargo notices Retained 162 Embargo notices

163 Power to use force against persons to be exercised only by police officers

Retained 163 Power to use force against persons to be exercised only by police officers

164 Consent Retained 164 Consent

165 Directions may be given under more than one provision

Retained 165 Directions may be given under more than one provision

166 Restoring vehicle, combination or premises to original condition after action taken

Retained 166 Restoring vehicle, combination or premises to original condition after action taken

167 Protection from incrimination Retained 167 Protection from incrimination

168 Providing evidence to other authorities Retained 168 Providing evidence to other authorities

169 Obstructing or hindering authorised officers

Repealed 173 repealed See RT Act 173 Offences: Obstructing, hindering or impersonating authorised officers

170 Impersonating authorised officers Repealed 173 repealed See RT Act 173 Offences: Obstructing, hindering or impersonating authorised officers

171 Authorised officer may require production of driver licence and name and address from driver or rider

Repealed 171 repealed See RT Act 175 Authorised officer may require production of relevant Australian driver licence and name and address from driver or rider

172 Authorised officer may require production of driver licence and name and address from certain passengers

Repealed 172 repealed RT Act 176 Authorised officer may require production of relevant Australian driver licence and name


Comment

(1)Person occupying a seat next to a learner licence holder must produced licence

and address from certain passengers

173 Authorised officer may require responsible person for vehicle and others to disclose identity of driver who commits offence

Repealed 173 repealed See RT Act 177 Authorised officer may require responsible person for vehicle and others to disclose identity of driver who commits offence

174 Production of driver licence to court

Repealed 174 repealed See RT Act 178 Production of relevant Australian driver licence to court

175 Unauthorised demand for production of driver licence

Repealed 175 repealed See RT Act 179 Unauthorised demand for production of relevant Australian driver licence

176 Multiple offenders Repealed 176 repealed See RT Act 180 Multiple offenders for applicable road law offence

177 Double jeopardy Repealed 177 repealed RT Act 181 Double jeopardy

178 Liability of directors, partners, employers and others for offences by bodies corporate, partnerships, associations and employees

Retained 178 Liability of directors, partners, employers and others for offences by bodies corporate, partnerships, associations and employees

179 Liability of responsible person for vehicle for designated offences

Repealed 179 repealed See RT Act 184 Responsible person for vehicle taken to have committed designated offences; 185 When responsible person not liable for parking offence; 186 Duty to inform if person not driver of vehicle committing camera recorded offence; 187 When responsible person for vehicle not liable for camera recorded offence; 188 Offences relating to


Comment

nominations; 189 Nominations by corporations; 190 Use of statutory declarations as evidence; 191 Application of this Division to average speed detected offences; 192 Further identity information from nomination information provider; 193 Liability of actual offender unaffected; 194 Division does not derogate from any other law.

180 Proceedings for offences Repealed 180 repealed See RT Act 200 Proceedings for offences

181 Period within which proceedings for operator onus offences may be commenced

Repealed 181 repealed See RT Act 201 Period within which proceedings for operator onus offences may be commenced

182 Period within which proceedings for certain mass, dimension and load offences may be commenced

Repealed 182 repealed See RT Act 202 Period within which proceedings for certain mass, dimension and load offences may be commenced

183 Penalty notices for certain offences Repealed 183 repealed See RT Act 195 Penalty notices for certain offences

184 Service of penalty notices Repealed 184 repealed See RT Act 196 Service of penalty notices

185 Payment of penalty notices Repealed 185 repealed See RT Act 197 Payment of penalty notices

186 Effect of Part on other kinds of proceedings

Repealed 186 repealed See RT Act 199 Effect of Part on other kinds of proceedings

187 Court may impose penalty and disqualify driver on conviction

Repealed 187 repealed See RT Act 204 Court may disqualify driver on conviction; 203 Section 10 of Crimes (Sentencing Procedure)


Comment

Act 1999 not to apply in certain circumstances

188 Disqualification for certain major offences

Repealed 188 repealed See RT Act 205 Disqualification for certain major offences

188A Bringing forward of consecutive disqualification periods to avoid orphan periods

Repealed 188A repealed See RT Act 206 Bringing forward of consecutive disqualification periods to avoid orphan periods

189 Effect of disqualification Repealed 189 repealed See RT Act 207 Effect of disqualification

190 Definitions Repealed 190 repealed See RT Act 208 Definitions

191 Division does not apply to habitual traffic offenders

Repealed 191 repealed See RT Act 209 Division does not apply to habitual traffic offenders

192 Disqualification period may be suspended for participation in interlock program

Repealed 192 repealed See RT Act 210 Disqualification period may be suspended for participation in interlock program

193 When person may participate in interlock program

Repealed 193 repealed See RT Act 211 When person may participate in interlock program

194 Entitlement to apply for interlock driver licence

Repealed 194 repealed See RT Act 212 Entitlement to apply for interlock driver licence

195 When disqualification suspension order has effect

Repealed 195 repealed See RT Act 213 When disqualification suspension order has effect

196 Participation in an interlock program Repealed 196 repealed See RT Act 214 Participation in an interlock program

197 Effect of successful participation in interlock program

Repealed 197 repealed See RT Act 215 Effect of successful participation in interlock program

198 Relevant offences Repealed 198 repealed See RT Act 216 Meaning of ‘relevant offences’

199 Declaration of persons as habitual traffic offenders

Repealed 199 repealed See RT Act 217 Declaration of persons as habitual traffic offenders

200 Warning to be given to persons liable to Repealed 200 repealed See RT Act 218 Warning to be given


Comment

be declared habitual traffic offenders to persons liable to be declared habitual traffic offenders

201 Period of disqualification of habitual traffic offender

Repealed 201 repealed See RT Act 219 Period of disqualification of habitual traffic offender

202 Quashing of declaration and bar against appeals

Repealed 202 repealed See RT Act 220 Quashing of declaration and bar against appeals

203 Disqualification in addition to any other penalty

Repealed 203 repealed See RT Act 221 Disqualification in addition to any other penalty

204A Definitions Repealed 204A repealed See RT Act 222 Definitions

204 Suspension of licence by Commissioner of Police

Repealed 204 repealed See RT Act 223 Suspension of licence by Commissioner of Police

205 Immediate suspension of licence in certain circumstances

Repealed 205 repealed See RT Act 224 When immediate licence suspension notice may be issued by police officer

206 Suspension of driving privileges of visiting driver

Repealed 206 repealed See RT Act 224 When immediate licence suspension notice may be issued by police officer

207 Downgrading of driver licences Repealed 207 repealed See RT Act 226 Downgrading of driver licences

208 Court may order compensation for damages and other losses

Repealed 208 repealed See RT Act 227 Court may order compensation for damages and other losses

209 Compensation for loss of time Repealed 209 repealed See RT Act 228 Compensation for loss of time

210 Compensation orders for damage to road infrastructure

Repealed 210 repealed See RT Act 229 Compensation orders for damage to road infrastructure

211 Assessment of compensation Repealed 211 repealed See RT Act 230 Assessment of compensation

212 Service of certificates Repealed 212 repealed See RT Act 231 Service of


Comment

certificates

213 Limits on amount of compensation Repealed 213 repealed See RT Act 232 Limits on amount of compensation

214 Costs Repealed 214 repealed See RT Act 233 Costs

215 Enforcement of compensation order and costs

Repealed 215 repealed See RT Act 234 Enforcement of compensation order and costs

216 Relationship with orders or awards of other courts and tribunals

Repealed 216 repealed See RT Act 235 Relationship with orders or awards of other courts and tribunals

217 Object and effect of Division Repealed 217 repealed See RT Act 236 Object and effect of Part

217A Definitions Repealed 217A repealed See RT Act 237 Definitions

218 When additional sanctions may be imposed

Repealed 218 repealed See RT Act 238 When additional sanctions may be imposed

218A Sanctions that may be imposed Repealed 218A repealed See RT Act 239 Sanctions that may be imposed

218B Production notices Repealed 218B repealed See RT Act 240 Production notices

218C Powers and duties relating to seizure of motor vehicles and removal of number plates

Repealed 218C repealed See RT Act 241 Powers and duties relating to seizure of motor vehicles and removal of number plates

218D Removal, impounding and production of vehicle

Repealed 218D repealed See RT Act 242 Removal, impounding and production of vehicle

218E Failure to comply with production notice

Repealed 218E repealed See RT Act 243Failure to comply with production notice

218F Number plate and other offences Repealed 218F repealed See RT Act 244 Number plate and other offences

219 Forfeiture of vehicles on finding of guilt of offending operator

Repealed 219 repealed See RT Act 245 Forfeiture of vehicles on finding of guilt of offending operator

219A Commutation of forfeiture Repealed 219A repealed See RT Act 246 Commutation of


Comment

forfeiture

220 Interested persons to be notified Repealed 220 repealed See RT Act 247 Interested persons to be notified

221 Retention of motor vehicle impounded or number plates confiscated under this Division

Repealed 221 repealed See RT Act 248 Retention of motor vehicle impounded or number plates confiscated under this Division

222 Early release of motor vehicle and number plates on application to Local Court

Repealed 222 repealed See RT Act 249 Early release of motor vehicle and number plates on application to Local Court

223 Release of impounded vehicle and number plates

Repealed 223 repealed See RT Act 250 Release of impounded vehicle and number plates

224 Safe keeping of motor vehicles Repealed 224 repealed See RT Act 251 Safe keeping of motor vehicles

225 Disposal and crash testing of vehicles Repealed 225 repealed See RT Act 252 Disposal and crash testing of vehicles

226 Protection from liability with respect to impounding, removal of number plates and crash testing and other matters

Repealed 226 repealed See RT Act 253 Protection from liability with respect to impounding, removal of number plates and crash testing and other matters

227 Failure to prosecute Repealed 227 repealed See RT Act 254 Failure to prosecute

228 Search warrants Repealed 228 repealed See RT Act 255 Search warrants

229 Application of Part Repealed 229 repealed See RT Act 256 Application of Part

230 Certificate evidence Repealed 230 repealed See RT Act 257 Certificate evidence

231 Proof of appointments and signatures unnecessary

Repealed 231 repealed See RT Act 258 Proof of appointments and signatures unnecessary

232 Vicarious responsibility Repealed 232 repealed See RT Act 259 Vicarious responsibility

233 Averments Repealed 233 repealed See RT Act 260 Averments


Comment

234 Evidence regarding measuring and weighing

Repealed 234 repealed See RT Act 261 Evidence regarding measuring and weighing

235 Evidence regarding weighing Repealed 235 repealed See RT Act 262 Evidence regarding weighing

236 Evidence regarding manufacturer’s ratings

Repealed 236 repealed See RT Act 263 Evidence regarding manufacturer’s ratings

237 Evidence not affected by nature of vehicle or combination

Repealed 237 repealed See RT Act 264 Evidence not affected by nature of vehicle or combination

238 Transport documentation and journey documentation

Repealed 238 repealed See RT Act 265 Transport documentation and journey documentation

239 Service of documents on persons generally

Repealed 239 repealed See RT Act 276 Service of documents on persons generally

240 Lodgment of documents with Authority Repealed 240 repealed See RT Act 277 Lodgment of documents with Authority

241 Review by Administrative Decisions Tribunal of certain decisions made under road transport legislation

Repealed 241 repealed See RT Act266 Definitions

242 Alternate appeal rights to Local Court Repealed 242 repealed See RT Act 266 Definitions; Statutory rules may make provision for appeals and original; 268 Determination of appeals against appealable decisions applications; 269 Statutory rules may make provision for appeals...; 270 Finality of decisions

243 Indemnity from personal liability for honest and good faith carrying out of duties

Repealed 2423 repealed See RT Act 275 Indemnity from personal liability for honest and good faith carrying out of duties


Comment

244 Unpaid charges and fees Retained 244 Unpaid charges and fees

244A Application of work health and safety legislation

Retained 244A Application of work health and safety legislation

245 Savings, transitional and other provisions

Retained 245 Savings, transitional and other provisions

246 Repeals Repealed 246 repealed

247 - - Already repealed

248 Review of Act Retained 248 Review of Act

249 Motor vehicles or trailers not to be used without consent of owner

Repealed 249 repealed See RT Act 147 Motor vehicles or trailers not to be used without consent of owner

250 Procuring or hire of motor vehicle or trailer by fraud or misrepresentation

Repealed 250 repealed See RT Act 148 Procuring or hire of motor vehicle or trailer by fraud or misrepresentation

251-67 - - Already repealed

Schedule 1 Savings, transitional and other provisions

Retained Schedule 1 Savings, transitional and other provisions

Schedule 2 Repeals Retained Schedule 2 Repeals

Schedule 3 - - Already repealed

Changes to RT (General) Regulation 2005: Road Transport (Vehicle and Driver Management) Regulation 2005 and Road Transport (General) Regulation 2013 RT (General) Regulation 2005) until 30 June 2013

Road Transport (Vehicle and Driver) Regulation 2005

Road Transport (General) Regulation 2013

Road Transport Act 2013

1 Name of Regulation 1 Name of Regulation[Road Transport (Vehicle and Driver) Regulation 2005]

2 Commencement 2 Commencement

3 Definitions

3 Definitions 3 Definitions

3A Meaning of “applicable road law” Notes

4 Information to be maintained on database of declarations and orders

- 4 Information to be maintained on database of declarations and orders

5 Access to database - 5 Access to database

6 Service of notices on persons under Road Transport (Driver Licensing) Act 1998

- 6 Service of notices on persons under driver licensing law

7 Service of notices on registered operators and delivery of things to Authority under the Road Transport (Vehicle Registration) Act 1997

- 7 Service of notices on registered operators and delivery of things to Authority under vehicle registration law

8 Notices to unincorporated associations in connection with mobility parking scheme authorities

- 8 Notices to unincorporated associations in connection with mobility parking scheme authorities

9 Inconsistent legislation—Royal Botanic Gardens and Domain Trust Act 1980

- 9 Royal Botanic Gardens and Domain Trust Act 1980

10 Inconsistent legislation—Local Government Act 1993

- 10 Local Government Act 1993


12 Application of Part

13 Appeals concerning examiner’s - 127 Vehicle registration decisions












RT (General) Regulation 2005) until 30 June 2013




authorities and proprietor’s authorities

(1)

13 Appeals concerning examiner’s authorities and proprietor’s authorities

(2)-(5)

267 Appealable decisions may be appealed to Local Court

14 Determination of appeals concerning examiner’s authorities and proprietor’s authorities

- 268 Determination of appeals against appealable decisions

14 Determination of appeals concerning examiner’s authorities and proprietor’s authorities

(3)

270 Finality of decisions

15 Appeals against certain registration decisions

(1) (5)

- 127 Vehicle registration decisions 266 Definitions

15 Appeals against certain registration decisions

(2)-(4)


16 Determination of appeals against certain registration decisions


16 Determination of appeals against certain registration decisions

(3)


17 Authority to ensure notification of appeal rights

- 133 Notification of appeal rights with respect to certain driver licensing decisions

18 Appeals concerning driver licensing (1) and (3)

- 126 Driver licensing decisions 266 Definitions





18 Appeals concerning driver licensing (4)

268 Determination of appeals against appealable decisions

18 Appeals concerning driver licensing (5)-(7)


19 Affected person entitled to be given reasons

- 134 Affected driver entitled to be given reasons on request

20 Determination of appeals concerning driver licensing


20 Determination of appeals concerning driver licensing

(6)


21 Stay of decision pending appeal - 135 Stay of certain appealable decisions pending appeal

22 Appeals concerning police officer suspension notices

(1)

- 266 Definitions


(2)



(3)-(5)


23 Determination of appeals concerning police suspension notices


23 Determination of appeals concerning police suspension notices

(5)


24 Stay of decision -

25AA Registrar to give notice of appeals under Division

- 267 Appealable decisions may be appealed to Local Court





25 Appeals against revocation of interlock device approvals

(2)

- 126 Driver licensing decisions


(3)-(5)

267 Appealable decisions may be appealed to Local Court 268 Determination of appeals against appealable decisions


(5)


26-7 Repealed - -

28 Appeals concerning accreditation schemes

(1)(a) and (6)

- 127 Vehicle registration decisions


(2)-(5)

267 Appealable decisions may be appealed to Local Court 268 Determination of appeals against appealable decisions 270 Finality of decisions


(1)(b) and (6)

128 Mass Management Accreditation Scheme decisions

29 Repealed -

29A Appeals concerning mobility parking scheme authorities

- 267 Appealable decisions may be appealed to Local Court

29A Appeals concerning mobility parking scheme authorities

(5)


29B Appeals concerning compliance certificates and certifier’s licences

- 127 Vehicle registration decisions





(1)

29B Appeals concerning compliance certificates and certifier’s licences

(3)-(6)

267 Appealable decisions may be appealed to Local Court 270 Finality of decisions

29C Number plate confiscation notices 29C Number plate confiscation notices

30–35 (Repealed) -

36 Impounding fee - 48 Impounding fee

37 Towing fee for impounded vehicles - 49 Towing fee for impounded vehicles

38 Disposal of impounded vehicles and forfeiture to the Crown

- 50 Disposal of impounded vehicles and forfeiture to the Crown

38A Repealed -


40 Matters court may consider for deciding whether person took all reasonable steps and other matters relating to offences

40 Matters court may consider for deciding whether person took all reasonable steps and other matters relating to offences

41 What is the “reasonable steps defence”

41 What is the “reasonable steps defence”

42 Exclusion of mistake of fact defence 42 Exclusion of mistake of fact defence

43 What is “fatigue” 43 What is “fatigue”

44 What is “impaired by fatigue” 44 What is “impaired by fatigue”

45 Driver’s duty to avoid driver fatigue 45 Driver’s duty to avoid driver fatigue

46 Duty of parties in the chain of responsibility to prevent driver fatigue

46 Duty of parties in the chain of responsibility to prevent driver fatigue

47 Intention irrelevant in determining causation


48 Cause includes “contribute to causing” and “encourage”


49 Duties on employers, prime 49 Duties on employers, prime





contractors and operators contractors and operators

50 Duties of schedulers 50 Duties of schedulers

51 Duties on consignors and consignees 51 Duties on consignors and consignees

52 Duties of loading managers 52 Duties of loading managers

53 Duty to assess and manage fatigue of drivers

53 Duty to assess and manage fatigue of drivers

54 Certain requests etc prohibited 54 Certain requests etc prohibited

55 Certain contracts etc prohibited 55 Certain contracts etc prohibited

56 What is “work and rest hours option” 56 What is “work and rest hours option”

57 What is “work time” 57 What is “work time”

58 What is “rest time” 58 What is “rest time”

58A Exception to work time

58B Limited personal use on rest days 58B Limited personal use on rest days

59 What is a “work and rest change” 59 What is a “work and rest change”

60 Counting time, including work and rest time

60 Counting time, including work and rest time

61 Counting time within the participating zone

61 Counting time within the participating zone

62 Counting time from outside the participating zone

62 Counting time from outside the participating zone

63 Application of Subdivision 63 Application of Subdivision

64 Standard hours—solo drivers 64 Standard hours—solo drivers

65 Standard hours—solo drivers of buses

65 Standard hours—solo drivers of buses

66 Standard hours—two-up drivers 66 Standard hours—two-up drivers

67 What this Subdivision is about 67 What this Subdivision is about

68 BFM hours—solo drivers 68 BFM hours—solo drivers

69 Defence for solo drivers relating to 69 Defence for solo drivers relating to





split rest breaks split rest breaks

70 BFM hours—two-up drivers 70 BFM hours—two-up drivers

71 AFM hours 71 AFM hours

72 AFM outer limits 72 AFM outer limits

73 Changing work and rest hours option 73 Changing work and rest hours option

73A What is 100 km work and 100+ km work?

73A What is 100 km work and 100+ km work?

74 What is a driver’s base 74 What is a driver’s base

75 Driver must carry work diary 75 Driver must carry work diary

76 Information that driver must record in work diary

76 Information that driver must record in work diary

77 How driver must record information in work diary

77 How driver must record information in work diary

78 Destroyed, lost, stolen or malfunctioning work diaries

78 Destroyed, lost, stolen or malfunctioning work diaries

79 Malfunctioning odometers 79 Malfunctioning odometers

80 Duty of employers, prime contractors, operators and schedulers to ensure driver compliance

80 Duty of employers, prime contractors, operators and schedulers to ensure driver compliance

81 Information that record keeper must record

81 Information that record keeper must record

82 Record keeper may engage other person to keep records

82 Record keeper may engage other person to keep records


84 False entries 84 False entries

85 Keeping 2 work diaries simultaneously prohibited

85 Keeping 2 work diaries simultaneously prohibited





86 Possession of purported work records etc prohibited

86 Possession of purported work records etc prohibited

87 Defacing or changing work records etc prohibited

87 Defacing or changing work records etc prohibited

88 False representation of work records prohibited

88 False representation of work records prohibited

89 Making entries in someone else’s work records prohibited

89 Making entries in someone else’s work records prohibited

90 Destruction of certain work records prohibited

90 Destruction of certain work records prohibited

91 Tampering with electronic work diaries prohibited

91 Tampering with electronic work diaries prohibited

92 Form of written work diaries 92 Form of written work diaries

93 Issue of written work diaries 92 Form of written work diaries

94 Approval of electronic work diaries 93 Issue of written work diaries

95 Labelling of electronic work diary devices

94 Approval of electronic work diaries

96 Variation or cancellation of approval—on application

95 Labelling of electronic work diary devices

97 Removal of electronic work diary approval label

96 Variation or cancellation of approval—on application

98 Authority may permit the use of diaries whose approval has been cancelled

97 Removal of electronic work diary approval label

99 Variation or cancellation of approval—without application

98 Authority may permit the use of diaries whose approval has been cancelled

100 How electronic work diary to be operated

100 How electronic work diary to be operated

101 Admissibility of documents 101 Admissibility of documents





produced by an electronic work diary

produced by an electronic work diary

102 What is an accreditation 102 What is an accreditation

103 Applying for BFM accreditation 103 Applying for BFM accreditation

104 Granting BFM accreditation 104 Granting BFM accreditation

105 Conditions of BFM accreditation 105 Conditions of BFM accreditation

106 Driver must carry BFM accreditation documents

106 Driver must carry BFM accreditation documents

107 Information that operator must record


108 Operator must advise of change or end of accreditation


109 Applying for AFM accreditation 109 Applying for AFM accreditation

110 Granting AFM accreditation 110 Granting AFM accreditation

111 Conditions of AFM accreditation 111 Conditions of AFM accreditation

112 Driver must carry AFM accreditation details

112 Driver must carry AFM accreditation details





115 Exemptions for emergency services 115 Exemptions for emergency services

115A Exemptions in relation to emergencies

115A Exemptions in relation to emergencies

115B Exemptions for certain buses and private hire vehicles


115C Certain exemptions for 100+ km work requirements

115C Certain exemptions for 100+ km work requirements

115D Exemptions for certain vehicles 115D Exemptions for certain vehicles





used for primary production used for primary production

115E Exemptions for vehicles used in motor dealing, repair, inspection, maintenance or testing businesses

115E Exemptions for vehicles used in motor dealing, repair, inspection, maintenance or testing businesses

116 What is an exemption 116 What is an exemption

117 Work and rest hours exemptions 117 Work and rest hours exemptions

118 Work diary exemptions 118 Work diary exemptions

119 Applying for an exemption 119 Applying for an exemption

120 Granting an exemption 120 Granting an exemption

121 Driver must carry exemption 121 Driver must carry exemption

122 Conditions of exemptions 122 Conditions of exemptions

123 Variation or cancellation of accreditation or exemption—on application

123 Variation or cancellation of accreditation or exemption—on application

124 Grounds for variation—without application

124 Grounds for variation—without application

125 Grounds for cancellation—without application

125 Grounds for cancellation—without application

126 Variation or cancellation of accreditation or individual exemption—without application

126 Variation or cancellation of accreditation or individual exemption—without application

127 Immediate suspension of accreditation or an individual exemption in public interest27

127 Immediate suspension of accreditation or an individual exemption in public interest27

128 Variation or cancellation of an exemption granted to a class of persons

128 Variation or cancellation of an exemption granted to a class of persons

129 Return of accreditation certificate or exemption

129 Return of accreditation certificate or exemption

130 Replacement of lost etc 130 Replacement of lost etc





accreditation certificates or exemptions

accreditation certificates or exemptions

131 Offence to falsely represent that accreditation etc held

131 Offence to falsely represent that accreditation etc held

132 Offences relating to auditors 132 Offences relating to auditors

133 Referral of matters to Fatigue Authorities Panel

133 Referral of matters to Fatigue Authorities Panel

134 Mutual recognition of certain decisions

134 Mutual recognition of certain decisions

135 Mutual recognition of other decisions

135 Mutual recognition of other decisions

136 Notifying other Authorities of decisions

136 Notifying other Authorities of decisions

137 Register of decisions 137 Register of decisions

138 Decisions that may be reconsidered and reviewed

138 Decisions that may be reconsidered and reviewed

139 Reconsideration of decisions 139 Reconsideration of decisions

140 Appeal against decisions to Local Court



(2)-(5)



(6)



(7)


141 Duty of officers to annotate driver’s work diary

141 Duty of officers to annotate driver’s work diary







142A Fatigue-related offences: section 154A (4)

142A Fatigue-related offences: section 154A (4)


144 TFMS applications 144 TFMS applications

145 Period of grace for certain drivers 145 Period of grace for certain drivers

146 Applications for reconsideration by Authority

146 Applications for reconsideration by Authority

147 Exemption applications 147 Exemption applications

148 Existing exemptions continue 148 Existing exemptions continue

149 Existing logbooks 149 Existing logbooks

150 Record keeping obligations continue 150 Record keeping obligations continue

151 Object 151 Object






155 Duty concerning business practices 155 Duty concerning business practices

156 Duty to ensure offences are not committed

156 Duty to ensure offences are not committed

157 Duty concerning driver’s schedule 157 Duty concerning driver’s schedule

158 Duty on loading managers 158 Duty on loading managers

159 Consignors to whom this Subdivision applies

159 Consignors to whom this Subdivision applies

160 Consignees to whom this Subdivision applies

160 Consignees to whom this Subdivision applies





161 Duties on consignors and consignees

161 Duties on consignors and consignees

162 Duty to assess and manage risk of speeding

162 Duty to assess and manage risk of speeding

163 Certain requests etc prohibited 163 Certain requests etc prohibited

164 Certain contracts etc prohibited 164 Certain contracts etc prohibited

165 Matters court may consider for deciding whether person took all reasonable steps

165 Matters court may consider for deciding whether person took all reasonable steps

166 Commission of speeding offence is irrelevant to Division 2 prosecutions

166 Commission of speeding offence is irrelevant to Division 2 prosecutions



167A Exemptions for emergency services staff

167A Exemptions for emergency services staff



168 Definitions - 121 Definitions

169 Penalty notice offences - 122 Penalty notice offences

170 Penalty levels - 123 Penalty levels

171 Offence: unlawful destruction of penalty notices

- 124 Offence: unlawful destruction of penalty notice

171A Meaning of “vehicle” -

172 Prescribed speeding offences -

173 Statutory declarations by registered owners and operators

173 Statutory declarations by registered owners and operators

174 Withdrawal of formal warnings 174 Withdrawal of formal warnings

175 Fees for information from records -





of Authority

176 Offence: failure to comply with order, notice, direction, requirement or request

176 Offence: failure to comply with order, notice, direction, requirement or request

177 Offence: false or misleading information

177 Offence: false or misleading information

178 General defence of accident or reasonable effort

178 General defence of accident or reasonable effort

117 Determination of criminal responsibility

179 Repeals and savings 179 Repeals and savings

180 Transitional provisions 180 Transitional provisions

Schedule 1 Fees -

Schedule 2 Authorised officers -

Schedule 3 Penalty notice offences -

changes to road transport (general) act 2005 to … · changes to road transport (general) act 2005...

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