Note. This Act and the regulations made under it form part of the road transport legislation identified by section 5. Other road transport legislation includes the Motor Vehicles Taxation Act 1988, the Road Transport (Driver Licensing) Act 1998, the Road Transport (Safety and Traffic Management) Act 1999, the Road Transport (Vehicle Registration) Act 1997 and the statutory rules made under those Acts. As part of the road transport legislation, this Act is subject to various provisions in this Act concerning the administration and enforcement of the road transport legislation generally.
This Act is the Road Transport (General) Act 2005.
(1) This Act commences on a day or days to be appointed by proclamation, except as provided by this section.(2) Schedule 3.33 [1]–[3] and [15]–[19] commence on the commencement of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 or on the commencement of this Act, whichever occurs later.
(cf former Act, s 3, model provisions, s 6)
(1) In this Act:applicable road law means:
(a) Chapter 3 and Part 4.2, or(b) regulations made under Chapter 3 or Part 4.2, or(c) the Road Transport (Mass, Loading and Access) Regulation 2005, or(d) regulations made under section 11B or 11C (except in Chapter 3, unless otherwise provided by the regulations), or(e) any other provision of the road transport legislation prescribed by the regulations for the purposes of this definition.applicable road law offence means an offence against an applicable road law.
approved road transport compliance scheme means a scheme, agreement or arrangement that:
(a) is prescribed by the regulations, or(b) is identified by, or is of a class identified by, the regulations,and that makes provision for compliance with and enforcement of any Australian applicable road laws, including (for example) a scheme, agreement or arrangement that provides for:(c) a system of accreditation-based compliance, or(d) an intelligent transport system, or(e) a system applying alternative legal entitlements to those otherwise applicable, such as one based on performance-based standards.associate—see section 23.
Australian applicable road law means an applicable road law or a corresponding applicable road law.
Australian applicable road law offence means an offence against an Australian applicable road law.
Australian authorised officer means an authorised officer or a person appointed as an authorised officer under a corresponding applicable road law.
Australian Authority means the Authority or a corresponding Authority.
Australian driver licence has the same meaning as it has in the Road Transport (Driver Licensing) Act 1998.
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 registrable vehicles register means:
(a) the Register within the meaning of the Road Transport (Vehicle Registration) Act 1997, or(b) a register maintained under the law of another jurisdiction that corresponds, or substantially corresponds, to the Register within the meaning of the Road Transport (Vehicle Registration) Act 1997.authorised officer means:
(a) a police officer, or(b) a person appointed as an authorised officer, or a class of persons appointed as authorised officers, under section 121 (Authorised officers), or(c) a person (or a person belonging to a class or description of persons) prescribed by the regulations.Authority means Roads and Maritime Services constituted under the Transport Administration Act 1988.
base of a driver—see section 22 (Driver’s base).
body corporate includes the Crown in any capacity and any body or entity that is not an individual.
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.combination means a group consisting of a motor vehicle connected to one or more other vehicles.
commercial benefits penalty order means an order under Division 4 of Part 3.5.
compensation order means an order under Division 1 of Part 5.5.
compliance purposes—see section 134.
condition includes a restriction.
conduct means an act, an omission to perform an act or a state of affairs.
corresponding applicable road law means a law of another jurisdiction corresponding, or substantially corresponding, to an applicable road law or a law of another jurisdiction that is declared under the regulations to be a corresponding applicable road law.
corresponding Authority means:
(a) the Authority as defined in a corresponding applicable road law (except in the case of a jurisdiction for which a person is prescribed under paragraph (b)), or(b) a person prescribed by the regulations as the corresponding Authority for another jurisdiction for the purposes of this Act.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 regulations 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.depot includes a base of operations.
drive includes the following:
(a) be in control of the steering, movement or propulsion of a vehicle,(b) in relation to a trailer, draw or tow the trailer,(c) ride a vehicle.driver means any person driving a vehicle, and includes any person riding a cycle.
driver of a vehicle or combination includes:
(a) 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 or learner permit.driver licence has the same meaning as it has in the Road Transport (Driver Licensing) Act 1998.
driver licence means (in Parts 4.2 and 4.3 and section 230):
(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.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.
exercise a function includes perform a duty.
extract from a record, device or other thing else means a copy of any information contained in the record, device or other thing.
function includes a power, authority or duty.
garage address of a vehicle means:
(a) in the case of a heavy vehicle that is normally kept at a depot when not in use—the principal depot of the vehicle, or(b) in the case of a heavy vehicle that is not normally kept at a depot when not in use:(i) where the vehicle has only one registered operator—the home address of the registered operator, or(ii) where the vehicle has more than one registered operator—each of the home addresses of the registered operators, or(c) in the case of a vehicle that is not a heavy vehicle—the place nominated by the applicant for registration of the vehicle as the place where the vehicle is normally kept.GCM (gross combination mass) of a vehicle means the greatest possible sum of the maximum loaded mass of the vehicle and of any vehicles that may be towed by it at the one time:
(a) as specified by the vehicle’s manufacturer on an identification plate on the vehicle, or(b) as specified by the Authority if:(i) a sum is not specified by the vehicle’s manufacturer on an identification plate on the vehicle, or(ii) a sum so specified on an identification plate is no longer appropriate because the vehicle has been modified.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 vehicle means the maximum loaded mass of the vehicle:
(a) as specified by the vehicle’s manufacturer on an identification plate on the vehicle, or(b) as specified by the Authority if:(i) a mass is not specified by the vehicle’s manufacturer on an identification plate on the vehicle, or(ii) a mass so specified on an identification plate is no longer appropriate because the vehicle has been modified.heavy combination means a combination that includes a heavy vehicle.
heavy vehicle means a motor vehicle or trailer that has a GVM greater 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.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.
infringement penalty means a penalty imposed under a penalty notice or a notice of the same kind under an Australian applicable road law.
intelligent transport system means a system involving the use of electronic or other technology (whether located in or on a vehicle or combination, or on or near a road, or elsewhere) that has the capacity and capability to monitor, collect, store, display, analyse, transmit or report information relating to:
(a) a vehicle or combination or its equipment or load, the driver of a vehicle or combination, the operator of a fleet of vehicles or combinations or another person involved in road transport, and(b) without limiting the above, the operation of a vehicle or combination in relation to its legal entitlements.journey documentation means any documentation (other than transport documentation) directly or indirectly associated with:
(a) the actual or proposed physical transport of goods or passengers by road or any previous transport of the goods or passengers by any mode, or(b) goods or passengers themselves so far as the documentation is relevant to their actual or proposed physical transport,whether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and whether or not the documentation relates to a particular journey or to journeys generally, and includes (without limiting this definition) any of the following:(c) records kept, used or obtained by a responsible person for a vehicle in connection with the transport of the goods or passengers,(d) workshop, maintenance and repair records relating to a vehicle or combination used, or claimed to be used, for the transport of the goods or passengers,(e) a subcontractor’s payment advice relating to the goods or passengers or the transport of the goods or passengers,(f) records kept, used or obtained by the driver of the vehicle or combination used, or claimed to be used, for the transport of the goods or passengers, including (for example) a driver’s run sheet, a log book entry, a fuel docket or receipt, a food receipt, a tollway receipt, pay records and mobile or other phone records,(g) information reported through the use of an intelligent transport system,(h) driver manuals and instruction sheets,(i) advice in any form from check weighing performed before, during or after a journey.jurisdiction means the Commonwealth or a State or Territory.
learner licence has the same meaning as it has in the Road Transport (Driver Licensing) Act 1998.
legal entitlements of a vehicle or combination (or component of a vehicle or combination) means the particulars of the entitlements, conferred by or under an Australian applicable road law, that authorise the vehicle or combination (or component) to be operated on a road, and includes:
(a) any entitlements arising under or as affected by a permit, authorisation, approval, exemption, notice or anything else given or issued in writing under such a law, and(b) any entitlements arising under or as affected by restrictions, or by the application of restrictions, under an Australian applicable road law or other laws (for example, sign-posted mass limits for bridges, hazardous weather condition permits, and special road protection limits), and(c) any entitlements arising under or as affected by an approved road transport compliance scheme.light rail vehicle has the same meaning as it has in the Road Transport (Safety and Traffic Management) Act 1999.
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:
(a) a crime or offence referred to in the definition of convicted person in section 188 (1), or(b) any other crime or offence that, at the time it was committed, was a major offence under this Act, the Road Transport (General) Act 1999 or the Traffic Act 1909.minor risk breach of a mass, dimension or load restraint requirement—see section 31.
motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle.
night means the period between sunset on one day and sunrise on the next day.
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 penalty notice issued under Part 5.3.
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 speeding offence means an offence under the Road Transport (Safety and Traffic Management) Act 1999 (or regulations made under that Act) involving the use of a vehicle on a road at an excessive speed, being an offence that is prescribed by the regulations.
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,whether on payment or otherwise, or(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(f) a place declared by the regulations 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.reasonable steps defence—see sections 87, 88 and 89.
records means any documents or documentation, whether in paper, electronic or any other form.
registered, in relation to a vehicle, means registered under the Road Transport (Vehicle Registration) Act 1997.
registered operator:
(a) in relation to a vehicle (including a vehicle in a combination)—means the person recorded by an Australian Authority on a register maintained in accordance with an Australian applicable road law, or a person recorded in an Australian registrable vehicles register, as the person responsible for the vehicle, or(b) in relation to a combination—means the person recorded by an Australian Authority on a register maintained in accordance with an Australian applicable road law, or a person recorded in an Australian registrable vehicles register, as the person responsible for the towing vehicle in the combination.registrable vehicle has the same meaning as it has in the Road Transport (Vehicle Registration) Act 1997.
registration of a vehicle means registration of the vehicle under an Australian applicable road law or in an Australian registrable vehicles register.
responsible entity in relation to a freight container—see section 63 (Meaning of “responsible entity”).
responsible person for a vehicle—see section 6.
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 regulations to be included in this definition,but does not include anything declared by the regulations 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 15 to be an area to which specified provisions of this Act or the regulations apply.road transport or transport by road means the transport of goods or passengers by road by means of a vehicle or combination.
road transport legislation—see section 5.
roads authority has the same meaning as it has in the Roads Act 1993.
run the engine of a vehicle or combination includes to start or stop the engine.
severe risk breach of a mass, dimension or load restraint requirement—see section 33.
special purpose vehicle means:
(a) a vehicle (other than one declared by the regulations 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 regulations 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.
substantial risk breach of a mass, dimension or load restraint requirement—see section 32.
this jurisdiction means New South Wales.
trader’s plate has the same meaning as it has in the Road Transport (Vehicle Registration) Act 1997.
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 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 regulations to be excluded from this definition.transport documentation means:
(a) any contractual documentation directly or indirectly associated with:(i) a transaction for or relating to the actual or proposed transport of goods or passengers by road or any previous transport of the goods or passengers by any mode, or(ii) goods or passengers themselves so far as the documentation is relevant to their actual or proposed transport, or(b) any associated documentation:whether the documentation is in paper, electronic or any other form, and whether or not the documentation has been transmitted physically, electronically or in any other manner, and includes (without limiting this definition) an invoice, vendor declaration, delivery order, consignment note, load manifest, export receival advice, bill of lading, contract of carriage, sea carriage document, or container weight declaration, relating to the goods or passengers.(i) contemplated in the contractual documentation, or(ii) required by law, or customarily provided, in connection with the contractual documentation or with the transaction,two-up driver means a person accompanying a driver of a vehicle or 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.
use of a vehicle includes standing the vehicle on a road.
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 other vehicle prescribed by the regulations.(2) A reference in a provision of this Act relating to the road transport legislation (other than this Act or the regulations) 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.(3) Each reference in this Act (except as provided by this Act) to a road includes a road related area.
(cf former Act, s 4)
Notes included in this Act are explanatory notes and 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. For instance, the abbreviation “former Act” in the notes is a reference to the Road Transport (General) Act 1999 (as in force immediately before its repeal). A reference to “model provisions” is a reference to the Road Transport Reform (Compliance and Enforcement) Bill model provisions approved by the Australian Transport Council.
5 Meaning of “road transport legislation”
(cf former Act, s 5)
(1) In this Act, the road transport legislation means the following:(a) this Act,(b) the Road Transport (Driver Licensing) Act 1998,(c) (Repealed)(d) the Road Transport (Safety and Traffic Management) Act 1999,(e) the Road Transport (Vehicle Registration) Act 1997,(f) the Motor Vehicles Taxation Act 1988,(g) any other Act or regulation (or any provision of such an Act or regulation) prescribed by the regulations,(h) any statutory rule made under any Act referred to in paragraphs (a)–(f) (or any provision of such an Act).(2) A regulation referred to in subsection (1) (g) prescribing an Act or regulation (or provision of an Act or regulation) cannot be made without the concurrence of the Minister administering the Act or regulation 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.
6 Responsible person for a vehicle
(cf former Act, s 7)
(1) In the road transport legislation, the responsible person for a vehicle is:(a) in relation to a registered vehicle—each of the following persons:(i) a 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 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 an unregistered vehicle to which a trader’s plate is affixed—each of the following persons:(i) the person to whom the trader’s plate is issued under the Road Transport (Vehicle Registration) Act 1997,(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 an unregistered vehicle to which no trader’s plate is affixed—each of the following persons:(i) a person who was last recorded as a registered operator of 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 regulations for the purposes of this definition.(2) For the purposes of subsection (1) (d), the regulations may prescribe different persons for different provisions of the road transport legislation.Note. A wider definition of responsible person applies for the purposes of Chapter 3.
7 Rights, liabilities and obligations of multiple responsible persons
(cf former Act, s 8)
(1) Subject to any regulations made under 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 regulations 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 regulation 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.
(cf former Act, s 70)
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
(cf model provisions, s 187)
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.
(cf former Act, s 71)
(1) The Governor may make regulations, 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 subsection (1), the regulations may make provision for or with respect to the following:(a) (Repealed)(b) the fixing of fees for services provided by the Authority under this Act or the regulations,(c) the collection and recovery of fees fixed under this Act or the regulations,(d) the refund, or partial refund, of fees fixed under this Act or the regulations,(e) the waiver or postponement of fees fixed under this Act or the regulations.(3) The regulations may impose a fee in respect of services provided by the Authority under this Act or the regulations despite the fact that the fee may also comprise a tax.(4) The regulations may create offences punishable by a penalty not exceeding 30 penalty units.
11 National road transport regulations
(cf Roads Act, s 264A)
(1) Without limiting the generality of section 10 or any other provision of this or any other Act authorising regulations to be made, regulations may be made under this Act, for the State, for or with respect to any matters referred to in section 9 of the Road Transport Reform (Vehicles and Traffic) Act 1993 of the Commonwealth.(2) Any such regulations may apply to a vehicle, animal or person on a road.(3) Any such regulations may make provision for a matter by applying, adopting or incorporating:(a) any regulations as in force from time to time under the Road Transport Reform (Vehicles and Traffic) Act 1993 of the Commonwealth, and(b) any national standards as in force from time to time under the Motor Vehicle Standards Act 1989 of the Commonwealth, and(c) any other publication, as in force from time to time, relating to the construction, design or equipment of motor vehicles.(4) Any such regulations may apply any provisions of the road transport legislation relating to the prosecution of offences, including liability for offences, or enforcement or relating to evidential matters to the exclusion of provisions of this Act or other regulations made under this Act relating to those matters.(5) Any such regulations may:(a) confer any function on the Minister for the purposes of administering their provisions, and(b) exempt or provide for the granting of exemptions from their provisions, either conditionally or unconditionally.(6) The Minister may declare, by notice published in the Gazette, that:(a) a specified area that is open to or used by the public is an area to which specified regulations apply, or(b) this Act and the regulations, or specified provisions of this Act or the regulations, do not apply to a specified road.Such a declaration has effect until it is revoked by a further notice published in the Gazette, or for the period specified in the regulations.
(7) Without limiting any other power authorising the delegation of the Minister’s functions, the Minister may delegate to any other person any function conferred on the Minister by or under this section other than this power of delegation.
11A Regulations relating to intelligent transport systems
(1) This section applies to an intelligent transport system that is required or permitted to be used by or under an applicable road law or any exemption, authority or condition given or imposed by or under an applicable road law.(2) Regulations may be made for or with respect to the following matters relating to intelligent transport systems:(a) conditions relating to intelligent transport systems,(b) regulating or prohibiting the collection, storage, use and disclosure of information obtained by the use of an intelligent transport system, or obtained for the purposes of such a system or a proposed system,(c) the records to be kept in relation to information obtained by the use of an intelligent transport system,(d) the reports to be made in relation to the operation of, or any other matter relating to, an intelligent transport system,(e) regulating or prohibiting tampering with intelligent transport systems,(f) notification of persons about whom or in respect of whom information is obtained by the use of an intelligent transport system,(g) certification of providers of intelligent transport systems or of intelligent transport systems,(h) the functions of providers and auditors of intelligent transport systems,(i) the operation of intelligent transport systems,(j) without limiting paragraph (b), the use of information obtained by the use of an intelligent transport system for compliance or other law enforcement purposes,(k) monitoring and auditing of intelligent transport systems, providers of intelligent transport systems and persons required or permitted to use intelligent transport systems,(l) the use of certificates relating to the following matters as evidence in any proceedings before a court or tribunal:(i) conditions relating to the use of intelligent transport systems imposed under this Act or the regulations,(ii) vehicles, operators and drivers subject to conditions referred to in subparagraph (i),(iii) operators, providers and auditors of intelligent transport systems,(iv) information obtained by the use of intelligent transport systems,(v) whether an intelligent transport system was or was not subject to any malfunction at a specified time,(vi) the map used for the purposes of an intelligent transport system,(vii) reports relating to intelligent transport systems,(viii) the correct operation and functioning of an intelligent transport system,(ix) the position of a vehicle on the surface of the earth at a particular time,(x) mathematical (including statistical) procedures used in relation to information obtained by the use of an intelligent transport system,(m) the use of reports generated by an intelligent transport system as evidence in any proceedings before a court or tribunal,(n) evidentiary presumptions as to the correct operation and functioning of an intelligent transport system, other matters relating to the operation of an intelligent transport system and information obtained by using such a system,(o) specifying the nature of the evidence that may or may not be used to rebut an evidentiary presumption established by a regulation made under paragraph (n).(3) A regulation made for the purposes of this section may create an offence punishable by a penalty not exceeding 200 penalty units.(4) Sections 16 and 18 of the Workplace Surveillance Act 2005 do not apply to or in respect of the operation of an intelligent transport system, except to the extent provided by the regulations under this Act.(5) This section is in addition to, and does not limit, any other regulation-making power contained in this Act or any other applicable road law.(6) In this section:authority includes a permit, authorisation, approval, notice or anything else granted or issued in writing under an applicable road law.
11B Regulations relating to fatigue management
(1) Regulations may be made for or with respect to the management and prevention of driver fatigue in connection with the driving of heavy vehicles and heavy combinations.(2) Without limiting the generality of subsection (1), regulations may be made for or with respect to the following:(a) the duties of drivers of heavy vehicles and heavy combinations,(b) the duties of employers of drivers of heavy vehicles and heavy combinations, prime contractors, operators, schedulers, consignors, consignees, loading managers, loaders and unloaders,(c) the duties of other persons who make use of or engage in activities involving the use or operation of heavy vehicles or heavy combinations or who may do so,(d) the periods that drivers of heavy vehicles and heavy combinations spend working and resting,(e) the making, keeping, possession and inspection of records in respect of heavy vehicles or heavy combinations and their drivers,(f) the medical examination of drivers of heavy vehicles and heavy combinations,(g) risk management processes, principles and factors to be applied,(h) reasonable steps defences or other defences for offences under regulations made under this section,(i) the recognition of decisions in other jurisdictions in relation to the management of fatigue in drivers of heavy vehicles or heavy combinations,(j) the accreditation of operator fatigue management systems and auditing of such systems.(3) A regulation made under this section may create an offence punishable by a penalty not exceeding 250 penalty units.(4) This section is in addition to, and does not limit, any other regulation-making power contained in this Act or any other applicable road law.
11C Regulations relating to speeding compliance
(1) Regulations may be made for or with respect to the management and prevention of speeding in connection with heavy vehicles or heavy combinations.(2) Without limiting subsection (1), regulations may be made for or with respect to the following:(a) the duties of employers of drivers of heavy vehicles and heavy combinations, prime contractors, schedulers, operators, consignors and consignees,(b) the duties of other persons who make use of or engage in activities involving the use or operation of heavy vehicles or heavy combinations or who may do so.(3) A regulation made under this section may create an offence punishable by a penalty not exceeding 250 penalty units.(4) This section is in addition to, and does not limit, any other regulation-making power contained in this Act or any other applicable road law.
12 Regulations may provide that Roads Act 1993 does not apply in certain circumstances
(cf Roads Act, s 264B)
For the purpose of facilitating the administration and enforcement of the road transport legislation, the regulations may provide that any specified provision of the Roads Act 1993 (or any specified regulation made under any provision of that Act) does not apply to a vehicle, person or animal (or any class of vehicles, persons or animals) to the extent specified by the regulations.
13 Regulations may exclude vehicles, animals and persons from this Act or the regulations
(cf former Act, s 72)
(1) The regulations may:(a) exempt a vehicle, person or animal (or a class of vehicles, persons or animals of a kind) identified in the regulations from the operation of this Act or the regulations (or specified provisions of this Act or the regulations), or(b) authorise the Authority to exempt a vehicle, person or animal (or a class of vehicles, persons or animals of a kind) identified in the regulations from the operation of this Act or the regulations (or specified provisions of this Act or the regulations).(2) An exemption granted by or under a regulation referred to in subsection (1) may be given unconditionally or on specified conditions.(3) The regulations may provide for the Authority:(a) to suspend the operation of any regulation referred to in subsection (1) in such manner and in such circumstances as may be specified by the regulations, or(b) to suspend the operation of an exemption given by it to any vehicle, person or animal in such manner and in such circumstances as may be specified by the regulations,or both.