Chapter 5 Enforcement of road transport legislation
Part 5.1 Liability for offences
(cf model provisions, s 147)
(1) This section applies where a provision of the road transport legislation provides (expressly or impliedly) that each of 2 or more persons is liable for an applicable road law offence.(2) Proceedings may be taken against all or any of the persons.(3) Proceedings may be taken against any of the persons:(a) regardless of whether or not proceedings have been commenced against any of the other persons, and(b) if proceedings have been commenced against any of the other persons—regardless of whether or not the proceedings have been concluded, and(c) if proceedings have been concluded against any of the other persons—regardless of the outcome of the proceedings.(4) This section has effect subject to section 177 and to any express provisions of the road transport legislation.
(cf model provisions, s 148)
(1) A person may be punished only once in relation to the same failure to comply with a particular provision of the road transport legislation, even if the person is liable in more than one capacity.(2) Despite subsection (1), a person may be punished for more than one breach of a requirement where the breaches relate to different parts of the same vehicle or combination.
178 Liability of directors, partners, employers and others for offences by bodies corporate, partnerships, associations and employees
(cf model provisions, s 149)
(1) If a body corporate commits an offence under the road transport legislation, each director of the body corporate, and each person concerned in the management of the body corporate, is taken to have committed the offence and is punishable accordingly.(2) If a person who is a partner in a partnership commits an offence under an applicable road law in the course of the activities of the partnership, each other person who is a partner in the partnership, and each other person concerned in the management of the partnership, is taken to have committed the offence and is punishable accordingly.(3) If a person who is concerned in the management of an unincorporated association commits an applicable road law offence in the course of the activities of the unincorporated association, each other person concerned in the management of the unincorporated association is taken to have committed the offence and is punishable accordingly.(4) If an employee commits an applicable road law offence, the employer is taken to have committed the offence and is punishable accordingly.(4A) Subsections (1), (2), (3) and (4) do not apply in respect of an offence under a provision of a regulation made under the road transport legislation that is declared by such a regulation to be an excluded provision for the purposes of this section.(5) This section does not affect the liability of the person who actually committed the offence.(6) A person may be proceeded against and found guilty of an offence arising under this section whether or not the body corporate or other person who actually committed the offence has been proceeded against or been found guilty of the offence.(7) It is a defence to a prosecution for an offence arising under subsection (1) if the defendant establishes that:(a) the defendant was not in a position to influence the conduct of the body corporate in relation to the actual offence, or(b) the defendant, being in such a position, took reasonable precautions and exercised due diligence to prevent the commission of the actual offence.(8) It is a defence to a prosecution for an offence arising under subsection (2) or (3) if the defendant establishes that:(a) the defendant was not in a position to influence the conduct of the person who actually committed the offence, or(b) the defendant, being in such a position, took reasonable precautions and exercised due diligence to prevent the commission of the actual offence.(9) It is a defence to a prosecution for an offence arising under subsection (4) if the defendant establishes that:(a) the defendant had no knowledge of the actual offence, and(b) the defendant took reasonable precautions and exercised due diligence to prevent the commission of the actual offence.
179 Liability of responsible person for vehicle for designated offences
(cf former Act, s 43)
(1) Responsible person for vehicle taken to have committed designated offences
If a designated offence occurs in relation to any registrable vehicle, the person who at the time of the occurrence of the offence is the responsible person for the vehicle is taken to be guilty of an offence under the provision concerned in all respects as if the responsible person were the actual offender guilty of the designated offence unless:(a) in any case where the offence is dealt with under Part 5.3—the person satisfies the authorised officer under section 183 that:(i) the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or(ii) the actual offender would have a defence to any prosecution for the designated offence brought against the offender, or(b) in any other case—the person satisfies the court hearing the proceedings for the offence that:(i) the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or(ii) the actual offender would have a defence to any prosecution for the designated offence brought against the offender.(1A) Maximum penalty payable by corporation that is taken to be guilty of certain camera recorded offences
If a corporation is taken to be guilty of a camera recorded offence (other than an unauthorised vehicle use offence) by the operation of subsection (1), the maximum monetary penalty that a court may impose on the corporation for the offence is taken to be 5 times the maximum monetary penalty for the offence for which the actual offender (as a natural person) would be liable.(2) Liability of actual offender unaffected
Nothing in this section affects the liability of the actual offender. However, if a penalty has been imposed on or recovered from any person in relation to any designated offence, no further penalty may be imposed on or recovered from any other person in relation to the offence.(3) When responsible person not liable for parking offence
Despite subsection (1), the responsible person for a vehicle is not guilty of a parking offence by the operation of that subsection if:(a) in any case where such an offence is dealt with under Part 5.3—the responsible person:(i) within 21 days after service on the responsible person of a penalty notice alleging that the responsible person has been guilty of such offence, supplies by relevant nomination document to the authorised officer under section 183 the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned, or(ii) satisfies the authorised officer that the responsible person did not know and could not with reasonable diligence have ascertained the name and address, or(b) in any other case—the responsible person:(i) within 21 days after service on the responsible person of a court attendance notice in respect of the offence, supplies by statutory declaration to the informant the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned, or(ii) satisfies the court hearing the proceedings for the offence that the responsible person did not know and could not with reasonable diligence have ascertained the name and address.(4) Duty to inform if person not driver of vehicle committing camera recorded offence
A person who:(a) is served with a penalty notice or a court attendance notice in respect of a camera recorded offence, and(b) was not the driver of the vehicle to which the offence relates at the time the offence occurred,must, within 21 days after service of the notice, supply by relevant nomination document to the authorised officer under section 183 (in the case of a penalty notice) or the prosecutor (in the case of a court attendance notice) the name and address of the person who was in charge of the vehicle at the time the offence occurred.(5) For the purposes of subsections (3) and (4), it is presumed that a penalty notice served on a person by post is served on the person 7 days after it is posted, unless the person establishes that it was not received by the person, or was not received by the person within the 7-day period.(6) Offence—failure to comply with subsection (4)
A person must comply with subsection (4) unless the person satisfies:(a) in the case of a penalty notice—the authorised officer, or(b) in the case of a court attendance notice—the court dealing with the camera recorded offence, or(c) in either case—the court dealing with the offence of failing to comply with subsection (4),that he or she did not know and could not with reasonable diligence have ascertained that name and address.Maximum penalty:
(a) if the offence relates to a vehicle registered otherwise than in the name of a natural person—100 penalty units, or(b) in any other case—50 penalty units.(7) Offence—false nomination of person in charge of vehicle
A person must not, in a relevant nomination document supplied under subsection (4), falsely nominate another person as the person who was in charge of the vehicle at the time the offence occurred.Maximum penalty:
(a) if the offence relates to a vehicle registered otherwise than in the name of a natural person—100 penalty units, or(b) in any other case—50 penalty units.(7A) A court or authorised officer may have regard to a statutory declaration that is provided by a person in deciding, for the purposes of subsection (3), (4) or (7), whether the person did not know and could not with reasonable diligence have ascertained the name and address of the person in charge of a vehicle.(7B) If a statutory declaration is provided by a person under subsection (7A), it must include the matters (if any) prescribed by the regulations.(8) When responsible person for vehicle not liable for camera recorded offence
A person who is served with a penalty notice or a court attendance notice in respect of a camera recorded offence is not guilty of that offence by operation of this section if the person:(a) complies with subsection (4) in relation to the offence, or(b) satisfies the authorised officer (in the case of a penalty notice) or the court (in the case of a court attendance notice) that he or she did not know and could not with reasonable diligence have ascertained the name and address of the person who was in charge of the vehicle at the time the offence occurred.(8A) Nominations by corporations
The Authority may approve one or more documents (approved nomination documents) for use by corporations when nominating other persons under this section as persons in charge of vehicles for which the corporations are the responsible persons.(8B) Without limiting subsection (8A), the Authority may approve documents under that subsection:(a) to be provided in printed or electronic form (or both), and(b) to be used in relation to more than one designated offence involving one or more vehicles for which a corporation is the responsible person.(8C) If a corporation that is the responsible person for a vehicle supplies an approved nomination document to an authorised officer for the purpose of subsection (3) or (4) instead of a statutory declaration, an authorised officer may, by written notice served on the corporation (a verification notice), require it to supply a statutory declaration for use in court proceedings that verifies such of the nominations contained in the approved nomination document as are specified in the verification notice.(8D) A corporation served with a verification notice must supply the required statutory declaration within the period specified in the notice (being a period of not less than 7 days after the date of service).Maximum penalty: 100 penalty units.
(9) Statutory declaration is admissible and is prima facie evidence
A statutory declaration supplied for the purposes of subsection (3), (4), (7A) or (8C), if produced in any proceedings against the person named in the declaration and in respect of the designated offence concerned, is admissible and is prima facie evidence:(a) in the case of a statutory declaration relating to a parking offence—that the person was in charge of the vehicle at all relevant times relating to the parking offence, or(b) in the case of a statutory declaration relating to a camera recorded offence—that the person was the driver of the vehicle at the time the offence occurred.(10) Statutory declaration to relate to one designated offence
A statutory declaration that relates to more than one designated offence does not constitute a statutory declaration under, or for the purposes of, subsection (3), (4) or (8C) unless each of the offences is a camera recorded offence detected by the same camera device at approximately the same time.Note. The Authority may approve a nomination document under subsection (8A) for use by a corporation instead of a statutory declaration that relates to more than one designated offence involving one or more vehicles for which the corporation is the responsible person. See subsection (8B).(10A) Average speed detected offences
The following provisions apply in relation to a penalty notice or court attendance notice for an average speed detected offence involving a heavy vehicle travelling between detection points:(a) a reference in any other provision of this section to the time of the occurrence of an offence is taken to be a reference to the period during which the heavy vehicle travelled between the detection points,(b) the actual offender for the purposes of this section is taken to be each driver of the heavy vehicle between the detection points,(c) any obligation under this section of the responsible person for the heavy vehicle to supply the name and address of the person who was in charge of the vehicle at the time the offence occurred is taken to be an obligation to provide the names and addresses of each of the persons who were in charge of the heavy vehicle between the detection points,(d) subsection (2) does not operate to prevent a penalty being imposed on or recovered from each of the drivers of the heavy vehicle between the detection points.Note. Section 43A of the Road Transport (Safety and Traffic Management) Act 1999 allows the average speed of a heavy vehicle calculated from the time taken to travel between different detection points to be used as evidence of the actual speed at which the vehicle travelled. Section 43A (2) (b) of that Act (when read with section 43A (3)) provides that if there is more than one driver of the vehicle between the detection points, each driver is taken to have driven the heavy vehicle at the average speed of the vehicle except for any particular driver who can establish any exculpatory ground prescribed by the regulations.(10B) Provision of further identity information
An authorised officer or prosecutor to whom a relevant nomination document is supplied for the purpose of subsection (3) or (4) may, by written notice served on the nomination information provider, require the provider to do one or both of the following:(a) provide such relevant identity information that is in the provider’s power to provide (including, if so required, by means of a written statement signed by the provider), as may be specified in the notice, within the period specified in the notice,(b) appear before the authorised officer or prosecutor at a specified time and place and provide (either orally or in writing) such relevant identity information that is in the provider’s power to provide as may be specified in the notice.(10C) The period or time specified in a notice under subsection (10B) for information to be provided, or an appearance to be made, must be no earlier than 7 days after the date of service of the notice.(10D) A person served with a notice under subsection (10B) must not, without lawful or reasonable excuse, refuse or fail to comply with the notice.Maximum penalty: 20 penalty units.
(11) Section does not derogate from any other law
The provisions of this section are in addition to and not in derogation of any other provisions of this or any other Act.(12) Definitions
In this section:average speed detected offence means a speeding offence involving a heavy vehicle in respect of which the penalty notice or the court attendance notice indicates that the average speed of the vehicle was calculated from information recorded by approved average speed detection devices (within the meaning of the Road Transport (Safety and Traffic Management) Act 1999).
camera recorded offence means:
(a) a public transport lane offence as defined in section 57B of the Road Transport (Safety and Traffic Management) Act 1999 in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by an approved traffic lane camera device (within the meaning of that Act), or(b) a traffic light offence as defined in section 57 of the Road Transport (Safety and Traffic Management) Act 1999 in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by an approved camera detection device (within the meaning of that Act), or(c) a speeding offence in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by an approved speed measuring device and recorded by an approved camera recording device (within the meaning of the Road Transport (Safety and Traffic Management) Act 1999), or(d) a speeding offence in respect of which:(i) the penalty notice or the court attendance notice indicates that the offence was detected by an approved speed measuring device within the meaning of the Road Transport (Safety and Traffic Management) Act 1999, and(ii) the number plate of the vehicle concerned was recorded by a police officer using photographic or video equipment approved by the Commissioner of Police for the purposes of this paragraph, or(e) an average speed detected offence, or(f) an unauthorised vehicle use offence in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by an approved camera device (within the meaning of section 22C of the Road Transport (Vehicle Registration) Act 1997).court attendance notice means:
(a) in relation to proceedings for an offence commenced in the Local Court—a court attendance notice within the meaning of the Criminal Procedure Act 1986 issued in respect of the person alleged to have committed the offence, and(b) in relation to proceedings for an offence commenced in the Supreme Court in its summary jurisdiction—an application for an order under section 246 of the Criminal Procedure Act 1986 in respect of the person alleged to have committed the offence.designated offence means:
(a) a camera recorded offence, or(b) a parking offence.detection points, in relation to an average speed detected offence, has the same meaning as detection points has in section 43A of the Road Transport (Safety and Traffic Management) Act 1999.
nomination information provider, in relation to a relevant nomination document, means:
(a) in the case of a document supplied by a responsible person for the vehicle concerned who is a natural person—the person who supplies the document, or(b) in the case of a document supplied by a responsible person for the vehicle concerned that is a corporation—a person who prepares or supplies the document on behalf of the corporation.parking offence means any offence of standing or parking a motor vehicle or trailer or of causing or permitting a motor vehicle or trailer to stand, wait or be parked in contravention of any regulation made under the Road Transport (Safety and Traffic Management) Act 1999.
prosecutor has the same meaning as it has in the Criminal Procedure Act 1986.
relevant identity information means any information that may assist in confirming or establishing the identity of the person driving or in charge of a vehicle when a designated offence to which a relevant nomination document relates was committed.
relevant nomination document means:
(a) in the case of a responsible person that is a corporation served with a penalty notice in relation to a designated offence:(i) an approved nomination document under subsection (8A), or(ii) a statutory declaration, or(b) in the case of a responsible person that is a corporation served with a court attendance notice in relation to a designated offence—a statutory declaration, or(c) in the case of a responsible person for a vehicle who is a natural person—a statutory declaration.unauthorised vehicle use offence means an unauthorised vehicle use offence (within the meaning of section 22C of the Road Transport (Vehicle Registration) Act 1997), but does not include an offence where it is alleged that the offender merely caused, permitted or otherwise allowed a vehicle to be driven or used.
Part 5.2 Proceedings for offences
(cf former Act, s 47)
(1) Proceedings for an offence against the road transport legislation are to be dealt with summarily before the Local Court or the Supreme Court in its summary jurisdiction.(2) The maximum monetary penalty that may be imposed by the Local Court for an offence under a provision of this Act is:(a) in the case of an offence under Chapter 3 or under a regulation made under section 11B or 11C—500 penalty units or the maximum monetary penalty provided for the offence, whichever is less, or(b) in any other case—100 penalty units or the maximum monetary penalty provided for the offence, whichever is less.
181 Period within which proceedings for operator onus offences may be commenced
(cf former Act, s 47)
(1) Despite any other Act, proceedings for an operator onus offence may be commenced within 1 year after the date of the alleged commission of the offence.(2) In this section:operator onus offence means a designated offence within the meaning of section 179 or an offence under section 179 (7).
182 Period within which proceedings for certain mass, dimension and load offences may be commenced
(cf model provisions, s 128)
(1) This section applies to applicable road law offences, other than:(a) offences prescribed by the regulations for the purposes of this section, and(b) offences in respect of which proceedings may only be commenced within a period of less than 2 years after their alleged commission.(2) Despite any other Act, proceedings for an applicable road law offence to which this section applies may be commenced within:(a) the period of 2 years after the commission of the alleged offence, or(b) a further period of 1 year commencing on the day on which the Authority or an authorised officer first obtained evidence of the commission of the alleged offence considered reasonably sufficient by the Authority or officer to warrant commencing proceedings.(3) For the purposes of subsection (2), a certificate purporting to have been issued by the Authority or an authorised officer as to the date when the Authority or an officer first obtained evidence considered reasonably sufficient by the Authority or officer to warrant commencing proceedings is admissible in any proceedings and is prima facie evidence of the matters stated.
183 Penalty notices for certain offences
(cf former Act, s 15)
(1) A police officer or other authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed any of the following offences:(a) an offence under a provision of the road transport legislation (including an offence by virtue of the operation of section 179 of this Act) that is prescribed by the regulations as a penalty notice offence,(b) an offence under the Driving Instructors Act 1992 or any regulation made under that Act that is prescribed by the regulations as a penalty notice offence,(c) an offence under section 650 (1) or (4) of the Local Government Act 1993 (including an offence by virtue of the operation of section 651 of that Act),(d) an offence under the Motor Accidents Compensation Act 1999 or the regulations made under that Act that is prescribed by the regulations as a penalty notice offence,(e) an offence under the Passenger Transport Act 1990 or any regulation made under that Act that is prescribed by the regulations as a penalty notice offence,(f) an offence under the Recreation Vehicles Act 1983 or any regulation made under that Act that is prescribed by the regulations as a penalty notice offence,(g) an offence under the Roads Act 1993 or any regulation made under that Act (including an offence by virtue of the operation of section 244 of that Act) that is prescribed by the regulations as a penalty notice offence.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of penalty prescribed by the regulations for the offence if dealt with under this Part.(3) The regulations may:(a) prescribe an offence for the purposes of this section:(i) by specifying the offence, or(ii) by referring to the provision creating the offence, or(iii) by providing that all offences under a specified Act, Part of an Act, or Division of a Part of an Act, or under specified regulations (being an Act, a Part or a Division or regulations referred to in subsection (1)) are prescribed as penalty notice offences, or(iv) by providing that all offences under any such Act, Part, Division or regulations (other than such of those offences as are specified in the regulations) are prescribed as penalty notice offences, and(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and(c) prescribe different amounts of penalties for different offences or classes of offences, and(d) prescribe different amounts of penalties for the same kind of offence or class of offence committed in specified circumstances.(4) An offence in respect of which a penalty of imprisonment may be imposed under the road transport legislation (except an offence against section 25 (2) of the Road Transport (Driver Licensing) Act 1998) or the Motor Accidents Act 1988 cannot be prescribed by the regulations as a penalty notice offence.(5) The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.
184 Service of penalty notices
(cf former Act, s 16)
(1) A penalty notice may be served personally or by post.(2) A penalty notice that relates to an offence of which the responsible person for a vehicle is guilty by virtue of section 179 or the owner is guilty by virtue of section 651 of the Local Government Act 1993 may:(a) be served personally or by post, or(b) be addressed to the responsible person or owner without naming the responsible person for the vehicle or owner or stating his or her address and may be served by leaving it on or attaching it to the vehicle.
185 Payment of penalty notices
(cf former Act, s 17)
(1) If the amount of penalty prescribed for an alleged offence is paid under this Part, no person is liable to any further proceedings for the alleged offence.(2) Subsection (1) does not affect any power of the Authority under section 199.(3) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.
186 Effect of Part on other kinds of proceedings
(cf former Act, s 18)
This Part does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
Part 5.4 Sanctions relating to licences
Division 1 Licence disqualification
187 Court may impose penalty and disqualify driver on conviction
(cf former Act, s 24)
(1) Subject to section 188 of this Act, section 40 of the Road Transport (Safety and Traffic Management) Act 1999 and sections 25 and 25A of the Road Transport (Driver Licensing) Act 1998, a court that convicts a person of an offence under the road transport legislation may, at the time of the conviction, order the disqualification of the person from holding a driver licence for such period as the court specifies.(2) If the court makes an order disqualifying the person, the person is disqualified from holding a driver licence for the period specified by the court.(3) Any disqualification under this section is in addition to any penalty imposed for the offence.(4) The regulations may:(a) provide that any driver licence held by a person (or class of persons) who has been convicted of the offence of driving a motor vehicle on a road at a speed which is dangerous to the public under the Road Transport (Safety and Traffic Management) Act 1999 or of any other prescribed speeding offence is subject to a speed inhibitor condition, and(b) provide a penalty for any breach of any such condition, and(c) prescribe any matter necessary or convenient to be prescribed in relation to devices referred to in the definition of speed inhibitor condition in subsection (7).(5) The court is to cause particulars of each conviction or order under the road transport legislation to be forwarded to the Authority.(6) Section 10 of the Crimes (Sentencing Procedure) Act 1999 does not apply if a person is charged before a court with any of the following offences if, at the time of or during the period of 5 years immediately before the court’s determination in respect of the charge, that section, or section 556A of the Crimes Act 1900, is or has been applied to or in respect of the person in respect of a charge for another offence (whether of the same or a different kind) of the class referred to in this subsection:(a) an offence under section 42 of the Road Transport (Safety and Traffic Management) Act 1999 of driving negligently (being driving occasioning death or grievous bodily harm),(b) an offence under section 42 of the Road Transport (Safety and Traffic Management) Act 1999 of driving a motor vehicle on a road furiously or recklessly or at a speed or in a manner which is dangerous to the public,(c) an offence under section 9, 11B, 12 (1), 15 (4), 16, 18D (2), 18E (9), 18G (1), 24D (1), 43 or 70 of the Road Transport (Safety and Traffic Management) Act 1999,(c1) an offence under section 52AB of the Crimes Act 1900,(d) a severe risk breach of a mass, dimension or load restraint requirement within the meaning of Part 3.3,(e) an offence of aiding, abetting, counselling or procuring the commission of any such offence,(f) an offence referred to in section 10 (5) of the Traffic Act 1909 as in force immediately before its repeal that was committed before that repeal.(7) In this section:road transport legislation does not include the following:
(a) the Motor Vehicles Taxation Act 1988 or regulations made under that Act,(b) Part 2A of the Road Transport (Vehicle Registration) Act 1997 or regulations made for the purposes of that Part (within the meaning of that Part).speed inhibitor condition means a condition limiting a driver licence to the driving of a motor vehicle to which is affixed a sealed device that prevents the engine from propelling the vehicle at a speed in excess of 60 km/h.
188 Disqualification for certain major offences
(cf former Act, s 25)
(1) Definitions
In this section:automatic disqualification means a disqualification under this section from holding a driver licence without specific order of a court.
convicted person means:
(a) a person who is, 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 person at the time of the occurrence out of which the death of or harm to the other person arose, convicted of:(i) the crime of murder or manslaughter, or(ii) an offence under section 33, 35, 53 or 54 or any other provision of the Crimes Act 1900, or(b) a person who is convicted of an offence under section 51A, 51B or 52AB of the Crimes Act 1900, or(c) a person who is convicted of an offence under any of the following provisions:(i) section 42 of the Road Transport (Safety and Traffic Management) Act 1999 of driving a motor vehicle on a road furiously or recklessly or at a speed or in a manner which is dangerous to the public,(ii) section 42 of the Road Transport (Safety and Traffic Management) Act 1999 of driving a motor vehicle negligently (being driving occasioning death or grievous bodily harm),(iii) section 43 of the Road Transport (Safety and Traffic Management) Act 1999,(iv) section 9 (1A), (1), (2) (a) or (b), (3) (a) or (b), (4) (a) or (b) or section 15 (4) or 16 of the Road Transport (Safety and Traffic Management) Act 1999,(v) section 22 (2) of the Road Transport (Safety and Traffic Management) Act 1999,(vi) section 12 (1) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999,(vii) section 29 (2) of the Road Transport (Safety and Traffic Management) Act 1999,(viii) section 70 of the Road Transport (Safety and Traffic Management) Act 1999,(ix) section 11B, 18D (2), 18E (9), 18G (1) or 24D (1) of the Road Transport (Safety and Traffic Management) Act 1999, or(d) a person who is convicted of aiding, abetting, counselling or procuring the commission of, or being an accessory before the fact to, any such crime or offence.conviction means the conviction in respect of which a person is a convicted person.
ordered disqualification means disqualification under this section from holding a driver licence that is ordered by a court.
(2) Disqualification if no previous major offence
If, at the time of the conviction of the convicted person or during the period of 5 years before the conviction (whether that period commenced before or commences after the commencement of this section), the convicted person is not or has not been convicted of any other major offence (whether of the same or a different kind):(a) where the conviction is for an offence under section 9 (1A), (1) or (2) or 11B (1) or (3) of the Road Transport (Safety and Traffic Management) Act 1999:(i) the person is automatically disqualified for 6 months from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 3 months) of disqualification—the person is disqualified from holding a driver licence for such shorter period as may be specified in the order, or(b) where the conviction is for an offence under section 9 (3) or 12 (1) of the Road Transport (Safety and Traffic Management) Act 1999:(i) the person is automatically disqualified for 12 months from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 6 months) or longer period of disqualification—the person is disqualified from holding a driver licence for such period as may be specified in the order, or(c) where the conviction is for an offence under section 18D (2), 18E (9), 18G (1), 24D (1) or 29 (2) of the Road Transport (Safety and Traffic Management) Act 1999:(i) the person is automatically disqualified for 3 years from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 6 months) or longer period of disqualification—the person is disqualified from holding a driver licence for such period as may be specified in the order, or(d) where the conviction is for any other offence:(i) the person is automatically disqualified for a period of 3 years from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 12 months) or longer period of disqualification—the person is disqualified from holding a driver licence for such period as may be specified in the order.(3) Disqualification if previous major offence
If, at the time of the conviction of the convicted person or during the period of 5 years before the conviction (whether that period commenced before or commences after the commencement of this section), the convicted person is or has been convicted of one or more other major offences (whether of the same or a different kind):(a) where the conviction is for an offence under section 9 (1A), (1) or (2) or 11B (1) or (3) of the Road Transport (Safety and Traffic Management) Act 1999:(i) the person is automatically disqualified for 12 months from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 6 months) or longer period of disqualification—the person is disqualified from holding a driver licence for such period as may be specified in the order, or(b) where the conviction is for an offence under section 9 (3) or 12 (1) of the Road Transport (Safety and Traffic Management) Act 1999:(i) the person is automatically disqualified for 3 years from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 12 months) or longer period of disqualification—the person is disqualified from holding a driver licence for such period as may be specified in the order, or(c) where the conviction is for an offence under section 18D (2), 18E (9), 18G (1), 24D (1) or 29 (2) of the Road Transport (Safety and Traffic Management) Act 1999:(i) the person is automatically disqualified for 5 years from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 12 months) or longer period of disqualification—the person is disqualified from holding a driver licence for such period as may be specified in the order, or(d) where the conviction is for any other offence:(i) the person is automatically disqualified for 5 years from holding a driver licence, or(ii) if the court that convicts the person thinks fit to order a shorter period (but not shorter than 2 years) or longer period of disqualification—the person is disqualified from holding a driver licence for such period as may be specified in the order.(4) Calculation of disqualification periods in case of multiple offences
If 2 or more convictions of a person are made, whether or not at the same time, for crimes or offences arising out of a single incident involving the use of a motor vehicle or trailer, the following provisions apply:(a) for the purpose of ascertaining which of subsections (2) and (3) should apply in relation to any such conviction:(i) the other of those convictions are to be disregarded, and(ii) subsection (2) or (3) (as the case may require) is, accordingly, to be the applicable subsection, and(b) the maximum period of automatic disqualification in respect of all those crimes or offences is to be:(i) if subsection (2) is applicable—3 years, or(ii) if subsection (3) is applicable—5 years, and(c) any minimum period of ordered disqualification is, in respect of those crimes or offences, to be disregarded to the extent that the total period of ordered and (where relevant) automatic disqualification would exceed:(i) where subsection (2) is applicable—12 months, or(ii) where subsection (3) is applicable—2 years.However, nothing in paragraph (c) prevents the court, if it thinks fit, from making any order it could have made if that paragraph had not been enacted.
(5) Disqualification in addition to any other penalty
Any disqualification under this section is in addition to any penalty imposed for the offence.(6) Relationship to Division 2
This section has effect subject to the provisions of Division 2.
188A Bringing forward of consecutive disqualification periods to avoid orphan periods
(1) This section applies to a licence disqualification (an orphan licence disqualification) imposed on a person if:(a) the licence disqualification is to be completed consecutively with another licence disqualification (the primary licence disqualification) for the person, and(b) the primary licence disqualification ends prematurely because it is annulled, quashed or set aside, or is varied to shorten its period, before the date for its completion (whether or not the disqualification has already commenced), and(c) the premature ending of the primary licence disqualification results in a period (the disqualification orphan period) during which the person would, but for this section, not be disqualified from holding a driver licence before the consecutive licence disqualification commences.(2) An orphan licence disqualification is taken by operation of this section (and without the need for a further order of a court):(a) to commence at the beginning of what would otherwise have been the disqualification orphan period, and(b) to be completed after the expiry of a period that is equivalent in length to the period that the licence disqualification would have been in force if it had commenced and ended as intended.Note. Section 25A (1A) of the Road Transport (Driver Licensing) Act 1998 provides that the driver of a motor vehicle who drives the vehicle during a period of licence disqualification the commencement and completion dates of which have been altered by operation of this section is not guilty of driving while disqualified unless the Authority has previously given written notice of the altered dates to the driver. However, the operation of this section in other contexts (such as when a person seeks to apply for a driver licence) is not affected.(3) If the operation of this section in bringing forward the commencement of an orphan licence disqualification would result in:(a) any other licence disqualifications intended to be completed consecutively with any different licence disqualifications (whether or not the orphan licence disqualification) not having effect consecutively, or(b) any other licence disqualifications intended to be wholly or partly completed concurrently with any different licence disqualifications (whether or not the orphan licence disqualification) not having effect concurrently,the commencement and completion dates for each of those other licence disqualifications are also brought forward by operation of this section (and without the need for a further order of a court) to the extent necessary to ensure that they continue to have effect consecutively or concurrently, as the case may be.(4) If the primary licence disqualification is reinstated by a court (whether on appeal or otherwise) after this section operates to bring forward the commencement of the orphan licence disqualification, the balance of the reinstated primary licence disqualification remaining to be completed is, unless the court orders otherwise, to be completed:(a) if only the commencement of the orphan licence disqualification is brought forward by operation of this section—immediately after the completion of that disqualification, or(b) if the commencement of more than one consecutive licence disqualification is brought forward by operation of this section—immediately after the last of the consecutive licence disqualifications is completed.(5) For the purposes of this section, a licence disqualification is consecutive with another licence disqualification if it is to commence:(a) when the other licence disqualification is completed, or(b) on a date that coincides with the anticipated date for the completion of the other licence disqualification.(6) Nothing in this section limits any power that a court has:(a) to make an order for licence disqualification (whether or not to be completed concurrently or consecutively with any other licence disqualification), or(b) to annul, quash, set aside or vary a licence disqualification.(7) This section has effect despite anything to the contrary in:(a) the road transport legislation or any other Act or statutory rule, and(b) any order of a court that imposes a licence disqualification (or a period for a licence disqualification) to which this section applies.(8) In this section:licence disqualification means the disqualification of a person under the road transport legislation from holding a driver licence as a consequence of the person being convicted of an offence by a court (whether or not the disqualification is imposed by an order of a court).
189 Effect of disqualification
(cf former Act, s 26)
(1) If, as a consequence of being convicted of an offence by a court, a person is disqualified under the road transport legislation (whether or not by an order of the court) from holding a driver licence, the disqualification operates to cancel, permanently, any driver licence held by the person at the time of his or her disqualification.(2) A disqualification to hold an Australian driver licence held under a law in force in another State or internal Territory by a person who holds a driver licence issued in this State is, for the purposes of subsection (1), to be treated as if it were a disqualification to hold the driver licence issued in this State.(3) A person who is so disqualified must:(a) if present at the court (being a court in this State) and in possession of his or her driver licence—surrender the licence to the court immediately after being convicted, or(b) if present at the court (being a court in this State) but not in possession of the licence or if not present at the court—surrender the licence to the Authority as soon as practicable after being convicted, or(c) if the person is to be treated under subsection (2) as having been disqualified from holding a driver licence issued in this State—surrender the licence to the Authority as soon as practicable after being disqualified from holding the Australian driver licence referred to in that subsection.Maximum penalty: 20 penalty units.
(4) Subject to the provisions of Division 2, a person who is disqualified from holding a driver licence cannot obtain another driver licence during the period of disqualification.(5) If a driver licence is surrendered to the court, the licence is to be delivered to the Authority.(6) Any period for which a stay of execution is in force under section 63 of the Crimes (Local Courts Appeal and Review) Act 2001 is not to be taken into account when calculating the length of a period of disqualification under this Division.
Division 2 Use of interlock devices as alternative to disqualification
(cf former Act, s 25A)
In this Division:alcohol-related major offence means any of the following offences:
(a) an offence under section 9 (1A) of the Road Transport (Safety and Traffic Management) Act 1999,(b) an offence under section 9 (1) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999,(c) an offence under section 9 (2) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999,(d) an offence under section 9 (3) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999,(e) an offence under section 9 (4) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999,(f) an offence under section 12 (1) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999 where the offence involved driving under the influence of alcohol,(g) an offence under section 15 (4) of the Road Transport (Safety and Traffic Management) Act 1999.disqualification compliance period, in relation to a person, means the disqualification compliance period applying to the person under section 193 (a).
disqualification period, in relation to a person, means the disqualification period applying to the person for the purposes of section 192.
disqualification suspension order, in relation to a person, means an order made under section 192 that, subject to certain conditions, may operate to suspend a disqualification under section 188 of the person from holding a driver licence.
interlock driver licence means a conditional licence issued under the Road Transport (Driver Licensing) Act 1998 that restricts the holder of the licence to driving a motor vehicle fitted with an approved interlock device (within the meaning of Part 2A of that Act).
interlock participation period, in relation to a person, means the period during which the person must participate in an interlock program for the purposes of a disqualification suspension order.
191 Division does not apply to habitual traffic offenders
(cf former Act, s 25B)
This Division does not apply in respect of a person convicted of an alcohol-related major offence who is declared to be an habitual traffic offender by operation of section 199 (whether or not as a result of the conviction).
192 Disqualification period may be suspended for participation in interlock program
(cf former Act, s 25C)
If a court convicts a person of an alcohol-related major offence and the person is disqualified from holding a driver licence by or under section 188 (2) or (3) for a period (the disqualification period), the court may order that the disqualification of the person be suspended if the person participates in an interlock program for:(a) the minimum interlock participation period specified in column 2 of the Table to this section set out opposite the category of offender specified in column 1 of that Table to which the person belongs, or(b) such greater interlock participation period as the court may order.
Table
Column 1
Column 2
Column 3
Category of offender
Minimum interlock participation period
Disqualification compliance period
1
A person convicted of an offence under section 9 (3) (a) or (b), (4) (a) or (b), 12 (1) (a) or (b) or 15 (4) of the Road Transport (Safety and Traffic Management) Act 1999 who, at the time of the conviction or during the period of 5 years before the conviction, is not or has not been convicted of any other alcohol-related major offence (whether of the same or a different kind).
24 months
6 months
2
A person convicted of an offence under section 9 (4) (a) or (b), 12 (1) (a) or (b) or 15 (4) of the Road Transport (Safety and Traffic Management) Act 1999 who, at the time of the conviction or during the period of 5 years before the conviction, is or has been convicted of any other alcohol-related major offence (whether of the same or a different kind).
48 months
12 months
3
A person convicted of an offence under section 9 (3) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999 who, at the time of the conviction or during the period of 5 years before the conviction, is or has been convicted of any other alcohol-related major offence (whether of the same or a different kind).
24 months
6 months
4
A person convicted of an offence under section 9 (1A), (1) (a) or (b) or (2) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999 who, at the time of the conviction or during the period of 5 years before the conviction, is or has been convicted of any other alcohol-related major offence (whether of the same or a different kind).
12 months
3 months
193 When person may participate in interlock program
(cf former Act s 25D)
A person in respect of whom a disqualification suspension order is made is entitled to participate in an interlock program only if:(a) the disqualification compliance period specified in column 3 of the Table to section 192 set out opposite the category of offender specified in column 1 of that Table to which the person belongs has expired, and(b) the person is issued with an interlock driver licence by the Authority under the Road Transport (Driver Licensing) Act 1998.
194 Entitlement to apply for interlock driver licence
(cf former Act, s 25E)
(1) A convicted person in respect of whom a disqualification suspension order is made is entitled to apply for an interlock driver licence despite his or her disqualification:(a) if the application is made before the expiry of the disqualification compliance period applicable to the person—no earlier than 28 days before the expiry of that period, or(b) at any time after the expiry of the disqualification compliance period but before the expiry of the disqualification period.(2) However, nothing in this Division confers a right on a person in respect of whom a disqualification suspension order is made to be issued with an interlock driver licence.
195 When disqualification suspension order has effect
(cf former Act, s 25F)
(1) When order operates to suspend disqualification
A disqualification suspension order operates to suspend a disqualification while the person in respect of whom the order was made participates in an interlock program.(2) Early termination of order
A disqualification suspension order ceases to have effect before the expiry of the interlock participation period if the person ceases to participate in an interlock program.(3) Effect of early termination of order
If a disqualification suspension order ceases to have effect before the expiry of the interlock participation period, the person to whom the order relates is disqualified from holding a driver licence for the period equal to the difference between:(a) the disqualification period originally applicable to the person, and(b) the period of disqualification that had already been completed immediately before the disqualification suspension order operated to suspend the original disqualification.(4) Effect of suspension of interlock driver licence on order
If the interlock driver licence of a person in respect of whom a disqualification suspension order is made is suspended during the interlock participation period:(a) the order does not cease to have effect only because the driver licence is suspended, and(b) the period of suspension is to be added to the interlock participation period applicable to the person for the purposes of determining when the interlock participation period expires.
196 Participation in an interlock program
(cf former Act, s 25G)
(1) Commencement of participation in interlock program and interlock participation period
A person in respect of whom a disqualification suspension order is made commences to participate in an interlock program on the date on which the person is issued with an interlock driver licence. The interlock participation period applicable to the person also commences on that date.(2) Early cessation of participation
A person in respect of whom a disqualification suspension order is made ceases to participate in an interlock program if and when:(a) the person is convicted by a court of a major offence during the interlock participation period and the court does not order that the disqualification suspension order continue in effect despite the conviction, or(b) the person ceases to hold an interlock driver licence before the expiry of the interlock participation period (whether by reason of cancellation of the licence or otherwise).
197 Effect of successful participation in interlock program
(cf former Act, s 25H)
If a disqualification suspension order does not cease to have effect before the expiry of the interlock participation period:(a) the order ceases to have effect on the expiry of that period, and(b) the disqualification period in respect of which the order was originally made is taken to have expired on the expiry of the interlock participation period.
Division 3 Habitual traffic offenders
(cf former Act, s 27)
(1) In this Division, a relevant offence means:(a) any of the following offences committed after the commencement of this Division of which a person has been convicted by a court in this State:(i) a major offence,(ii) a prescribed speeding offence,(iii) an offence under section 25 (3) of the Road Transport (Driver Licensing) Act 1998,(iv) an offence under section 25A (1), (2) or (3) of the Road Transport (Driver Licensing) Act 1998, or(b) an offence committed after the commencement of this Division of which a person has been convicted by a court in another State or Territory that would be an offence of the kind referred to in paragraph (a) if it had been committed in this State, or(c) a relevant offence within the meaning of section 10EA of the Traffic Act 1909 as in force immediately before its repeal.(2) A relevant offence includes an offence of the kind referred to in subsection (1) (a) in respect of which the charge is found proven, or a person is found guilty, (but without proceeding to a conviction) under section 10 of the Crimes (Sentencing Procedure) Act 1999, or section 556A of the Crimes Act 1900, if the offence would, if it were a relevant offence, give rise to the declaration of the person under this Division as an habitual traffic offender. In that case, a reference in this Division to the conviction of the person for a relevant offence includes a reference to the making of an order with respect to the person.
199 Declaration of persons as habitual traffic offenders
(cf former Act, s 28)
A person is, by this section, declared to be an habitual traffic offender if:(a) a court in this State convicts the person of a relevant offence, and(b) the person has, in the period of 5 years before the conviction, also been convicted of at least 2 other relevant offences committed on different occasions.
200 Warning to be given to persons liable to be declared habitual traffic offenders
(cf former Act, s 29)
(1) The Authority is required to give written warnings to the holders of driver licences who are liable to be declared to be habitual traffic offenders if they are convicted of another relevant offence.(2) The declaration of an habitual traffic offender is not invalid merely because of a failure to give the warning, but any such failure may be taken into account by a court when determining whether a declaration should be quashed.
201 Period of disqualification of habitual traffic offender
(cf former Act, s 30)
(1) If a person is declared by section 199 to be an habitual traffic offender, the person is disqualified by the declaration (and without any specific order of a court) for a period of 5 years from holding a driver licence, except as provided by this Division.(2) If the court that convicts the person of the offence giving rise to the declaration thinks fit, the court may order a longer period of disqualification (including disqualification for life).(3) If the court that convicts the person of the offence giving rise to the declaration determines that a 5-year disqualification is a disproportionate and unjust consequence having regard to the total driving record of the person and the special circumstances of the case, the court may order a shorter period of disqualification (but not shorter than 2 years).(4) If a court orders a shorter or longer period of disqualification, the court must state its reasons for doing so.(5) A declaration of an habitual traffic offender ceases to be in force when the period of disqualification imposed by the declaration is completed.(6) The period of any disqualification under this Division does not commence until all other disqualifications, and all other periods of licence cancellation or suspension, imposed on the person by or under this or any other Act have been completed.Note. Section 188A brings forward a licence disqualification of a person that is to commence on the completion of a previous licence disqualification in circumstances where the previous licence disqualification ends prematurely resulting in the person ceasing to be disqualified for a period before the new licence disqualification commences.(7) Further declarations have effect under this Division even though they occur while an existing declaration is in force, and the consequent periods of disqualification do not commence until all existing disqualifications under this Division have been completed. It does not matter that some of the relevant offences giving rise to a further declaration also gave rise to an earlier declaration.(8) If, while an existing disqualification under this Division is in force, the person is disqualified by a court or automatically under another provision of this or any other Act, that further disqualification does not commence until all existing disqualifications under this Division have been completed.(9) Any period for which a stay of execution is in force under section 63 of the Crimes (Local Courts Appeal and Review) Act 2001 is not to be taken into account when calculating the length of a period of disqualification under this Division.
202 Quashing of declaration and bar against appeals
(cf former Act, s 31)
(1) The declaration of a person as an habitual traffic offender by section 199 may be quashed by a court that convicts the person of a relevant offence (at the time of the conviction or at a later time) if it determines that the disqualification imposed by the declaration is a disproportionate and unjust consequence having regard to the total driving record of the person and the special circumstances of the case.(2) If a court quashes a declaration under this section, the court must state its reasons for doing so.(3) However, a declaration or disqualification under this Division cannot be appealed to any court whether under this or any other Act.(4) For the avoidance of doubt, the quashing of a declaration under this section:(a) operates to set aside the disqualification imposed by the declaration on and from the day on which the court makes the order that quashes the declaration, and(b) if the disqualification period has already commenced when the declaration is quashed—does not operate to invalidate or otherwise affect the operation of the disqualification in its application to the habitual traffic offender at any time before the day on which the declaration is quashed.
203 Disqualification in addition to any other penalty
(cf former Act, s 32)
A disqualification under this Division is in addition to any penalty imposed for the offence giving rise to the declaration.
Division 4 Suspension of licences and visiting driver privileges
In this Division:grievous bodily harm has the same meaning as it has in the Crimes Act 1900.
learner licence has the same meaning as it has in section 8 of the Road Transport (Safety and Traffic Management) Act 1999.
provisional licence has the same meaning as it has in section 8 of the Road Transport (Safety and Traffic Management) Act 1999.
204 Suspension of licence by Commissioner of Police
(cf former Act, s 33)
(1) The Commissioner of Police may suspend a driver licence of any driver, for a period not exceeding 14 days, who:(a) is in the Commissioner’s opinion an incompetent, reckless or careless driver, or(b) is found under the influence of liquor.(2) The Commissioner of Police must immediately:(a) notify the Authority that the Commissioner has suspended the licence and the grounds for the suspension, and(b) report to the Authority whether in the Commissioner’s opinion a further suspension or the cancellation of the licence is warranted or is desirable in the interest of public safety.(3) A driver licence that is suspended under this section is to be surrendered by the holder and forwarded to the Authority with the notification of the suspension.
205 Immediate suspension of licence in certain circumstances
(cf former Act, s 34)
(1) If a person is charged by a police officer with:(a) an offence involving the death of, or grievous bodily harm to, another person caused by the use of a motor vehicle, being an offence that comprises:(i) the crime of murder or manslaughter, or(ii) an offence under section 33, 35 (1) (b), 52A or 54 of the Crimes Act 1900, or(b) an offence under section 9 (3) or (4), 15 (4), 16, 22 (2), 40 or 41 (2) of the Road Transport (Safety and Traffic Management) Act 1999,the same or another police officer may, at any time within 48 hours after the person has been charged, give the person a suspension notice.(1A) If it appears to a police officer that a person has committed an offence under the Road Transport (Safety and Traffic Management) Act 1999 (other than a camera recorded offence within the meaning of section 179 of this Act) of:(a) exceeding a speed limit prescribed under that Act by more than 45 kilometres per hour, or(b) exceeding a speed limit prescribed under that Act by more than 30 kilometres per hour but not more than 45 kilometres per hour, as the holder of a learner licence or provisional licence for the class of vehicle being driven,the same or another police officer may, at any time within 48 hours of:(c) the person being served with a penalty notice for the offence, or(d) the person being charged with the offence,give the person a suspension notice.(1B) If it appears to a police officer that a person has committed an offence under the regulations under the Road Transport (Driver Licensing) Act 1998 of being the holder of a learner licence driving unaccompanied by a supervising driver, the same or another police officer may, at any time within 48 hours of:(a) the person being served with a penalty notice for the offence, or(b) the person being charged with the offence,give the person a suspension notice.(2) For the purposes of this section, a suspension notice is a notice, in a form approved by the Authority:(a) if the person is charged with an offence referred to in subsection (1) , (1A) or (1B)—informing the person that any driver licence held by the person is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until the charge is heard and determined by a court (or until the charge is withdrawn), and(b) if the person is served with a penalty notice for an offence referred to in subsection (1A) or (1B)—informing the person that any driver licence held by the person is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until whichever of the following happens first:(i) a period of 6 months (in the case of an offence referred to in subsection (1A) (a)) or 3 months (in the case of an offence referred to in subsection (1A) (b) or (1B)) elapses after the date on which the offence is alleged to have been committed,(ii) if the person elects to have the matter determined by a court in accordance with Part 3 of the Fines Act 1996—the matter is heard and determined by a court or a decision is made not to take or continue proceedings against the person,(iii) a decision is made not to enforce the penalty notice, and(c) informing the person of the right of appeal under section 242, and(d) requiring the person:(i) to surrender any such licence, by a date specified in the notice, to a police officer, or(ii) if the notice so specifies—to surrender any such licence in the person’s possession immediately to the police officer who gave the person the notice.(3) Any driver licence held by a person to whom a suspension notice is given is suspended in accordance with the terms of the notice.(4) Particulars of each suspension notice given under this section are to be forwarded to the Authority immediately after the notice is given.(5) A person who is given a suspension notice must surrender his or her driver licence in compliance with the notice.Maximum penalty: 20 penalty units.
(6) If, on the determination of the charge by a court, the person is disqualified from holding or obtaining a licence for a specified time:(a) the court must take into account the period of suspension under this section when deciding whether to make any order under section 188, and(b) to the extent (if any) that the court so orders, a suspension under this section may be regarded as satisfying all or part of any mandatory minimum period of disqualification required by that section to be imposed when the charge is proved.(7) For the purposes of this section:(a) a person is charged with an offence when particulars of the offence are notified in writing to the person by a police officer, and(b) a charge is withdrawn when the person charged is notified in writing of that fact by a police officer or when it is withdrawn before the court, and(c) a charge is determined by a court when the offence is proved or the court attendance notice is dismissed, and(d) a decision is made not to take or continue proceedings against a person when the person is notified in writing of that fact by a police officer or when the proceedings are discharged by the court, and(e) a decision is made not to enforce a penalty notice in relation to a person when the person is notified in writing of that fact by:(i) a police officer, or(ii) an appropriate officer for the penalty notice within the meaning of Part 3 of the Fines Act 1996, or(iii) a member of staff of the State Debt Recovery Office.(8) (Repealed)
206 Suspension of driving privileges of visiting driver
(cf former Act, s 35)
(1) In this section:authorised visiting driver means a person:
(a) who is not the holder of a driver licence issued in New South Wales, and(b) who, being the holder of a licence or permit issued in a place outside New South Wales, has the benefit of any provision of the road transport legislation conferring on the person authority to drive in New South Wales.suspension notice, in relation to an authorised visiting driver who is charged with an offence referred in subsection (2), (2A) or (2B), or served with a penalty notice for an offence referred to in subsection (2A) or (2B), means a notice, in a form approved by the Authority:
(a) if the driver is charged with an offence referred to in subsection (2), (2A) or (2B)—informing the driver that the driver’s authority to drive in New South Wales is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until the charge is heard and determined by a court (or until the charge is withdrawn), and(b) if the driver is served with a penalty notice for an offence referred to in subsection (2A) or (2B)—informing the driver that the driver’s authority to drive in New South Wales is suspended from a date specified in the notice, or (if the notice so specifies) immediately on receipt of the notice, until whichever of the following happens first:(i) a period of 6 months (in the case of an offence referred to in subsection (2A) (a)) or 3 months (in the case of an offence referred to in subsection (2A) (b) or (2B)) elapses after the date on which the offence is alleged to have been committed,(ii) if the driver elects to have the matter determined by a court in accordance with Part 3 of the Fines Act 1996—the matter is heard and determined by a court or a decision is made not to take or continue proceedings against the driver,(iii) a decision is made not to enforce the penalty notice, and(c) informing the driver of the right of appeal under section 242.(2) If an authorised visiting driver is charged by a police officer with:(a) an offence involving the death of, or grievous bodily harm to, another person caused by the use of a motor vehicle, being an offence that comprises:(i) the crime of murder or manslaughter, or(ii) an offence under section 33, 35 (1) (b), 52A or 54 of the Crimes Act 1900, or(b) an offence under section 9 (3) or (4), 15 (4), 16, 22 (2), 40 or 41 (2) of the Road Transport (Safety and Traffic Management) Act 1999,the same or another police officer may, at any time within 48 hours after the authorised visiting driver has been charged, give the authorised visiting driver a suspension notice.(2A) If it appears to a police officer that an authorised visiting driver has committed an offence under the Road Transport (Safety and Traffic Management) Act 1999 (other than a camera recorded offence within the meaning of section 179 of this Act) of:(a) exceeding a speed limit prescribed under that Act by more than 45 kilometres per hour, or(b) exceeding a speed limit prescribed under that Act by more than 30 kilometres per hour but not more than 45 kilometres per hour, as the holder of a learner licence or provisional licence for the class of vehicle being driven,the same or another police officer may, at any time within 48 hours of:(c) the authorised visiting driver being served with a penalty notice for the offence, or(d) the authorised visiting driver being charged with the offence,give the authorised visiting driver a suspension notice.(2B) If it appears to a police officer that an authorised visiting driver has committed an offence under the regulations under the Road Transport (Driver Licensing) Act 1998 of being the holder of a learner licence driving unaccompanied by a supervising driver, the same or another police officer may, at any time within 48 hours of:(a) the authorised visiting driver being served with a penalty notice for the offence, or(b) the authorised visiting driver being charged with the offence,give the authorised visiting driver a suspension notice.(3) Any authority of a person to whom a suspension notice is given to drive in New South Wales is suspended in accordance with the terms of the notice.(4) Particulars of each suspension notice given under this section are to be forwarded to the Authority immediately after the notice is given.(5) For the purposes of this section:(a) a person is charged with an offence when particulars of the offence are notified in writing to the person by a police officer, and(b) a charge is withdrawn when the person charged is notified in writing of that fact by a police officer or when it is withdrawn before the court, and(c) a charge is determined by a court when the offence is proved or the court attendance notice is dismissed, and(d) a decision is made not to take or continue proceedings against a person when the person is notified in writing of that fact by a police officer or the proceedings are discharged by the court, and(e) a decision is made not to enforce a penalty notice in relation to a person when the person is notified in writing of that fact by:(i) a police officer, or(ii) an appropriate officer for the penalty notice within the meaning of Part 3 of the Fines Act 1996, or(iii) a member of staff of the State Debt Recovery Office.
Division 5 Downgrading of licences
207 Downgrading of driver licences
(cf former Act, s 36)
(1) If a driver licence is cancelled as a special measure and the offence or offences (or alleged offence or offences) that gave rise to the cancellation arose wholly or mainly out of the use of a motor vehicle or trailer of a class prescribed for the purposes of this section, the Authority may issue the former licensee with another driver licence in substitution for the cancelled driver licence that does not authorise the driving of motor vehicles or trailers of that class.(2) For the purposes of this section, a driver licence is cancelled as a special measure if it is cancelled by:(a) the operation of the road transport legislation as a result of the imposition on the licensee of a period of disqualification from holding a driver licence, or(b) the Authority under the Road Transport (Driver Licensing) Act 1998 because of:(i) the licensee’s driving record of offences or alleged offences, or(ii) an alleged speeding offence referred to in section 33 of the Road Transport (Driver Licensing) Act 1998.(3) The regulations may make provision for or with respect to the exercise by the Authority of its power under this section.(4) Nothing in this section:(a) limits any discretion of the Authority under the road transport legislation to decline to issue a driver licence to a person or cancel a driver licence, or(b) permits the issue of any driver licence to a person who for the time being is disqualified from holding one.
Division 1 Compensation orders
208 Court may order compensation for damages and other losses
(cf former Act, s 37)
A court that convicts a person of an offence under the road transport legislation may order any person to pay such an amount as compensation for loss of time or expense incurred in consequence of the offence of which the defendant was convicted as the court thinks fit.
209 Compensation for loss of time
(cf former Act, s 38)
(1) If proceedings are commenced by any person (other than a police officer or the Authority) for any offence under the road transport legislation and the proceedings are dismissed or withdrawn, the court concerned may, if it thinks fit, order that the person bringing the proceedings pay to the defendant, in addition to any costs, such compensation for loss of time or otherwise as seems reasonable.(2) Subsection (1) extends to a court hearing an appeal in any such proceedings.
210 Compensation orders for damage to road infrastructure
(cf model provisions, s 140)
(1) A court that finds a person guilty of an applicable road law offence may make an order (a roads compensation order) requiring the offender to pay a roads authority such amount by way of compensation as the court thinks fit for damage to any road infrastructure that the roads authority has incurred or is likely to incur in consequence of the offence.(2) A roads compensation order may be made on the application of the prosecutor, the roads authority or the Authority.(3) A roads compensation order may only be made in favour of a roads authority.(4) The court may make a roads compensation order where it is satisfied on the balance of probabilities that the commission of the offence caused or contributed to the damage.(5) The court may make a roads compensation order when it finds the offender guilty of the offence or at any time afterwards, but not later than the period within which a prosecution for the offence could have been commenced.
211 Assessment of compensation
(cf model provisions, s 141)
(1) In making a roads compensation order, the court may assess the amount of compensation in the manner it considers appropriate, including (for example) the estimated cost of remedying the damage.(2) In assessing the amount of compensation, the court may take into account the matters it considers relevant, including:(a) any evidence adduced in connection with the prosecution of the offence, and(b) any evidence not adduced in connection with the prosecution of the offence but adduced in connection with the making of the proposed order, and(c) any certificate of the roads authority stating that the roads authority maintains the road concerned, and(d) any other certificate of the roads authority, such as a certificate:(i) estimating the monetary value of all or any part of the road infrastructure or of the damage to it, or(ii) estimating the cost of remedying the damage, or(iii) estimating the extent of the offender’s contribution to the damage.
(cf model provisions, s 142)
(1) If a roads authority proposes to use a certificate referred to in section 211 in proceedings, the roads authority must serve a copy of the certificate on the defendant at least 28 working days before the day on which the matter is set down for hearing.(2) Any such certificate cannot be used in the proceedings unless a copy of the certificate has been served in accordance with this section.(3) A defendant who wishes to challenge a statement in any such certificate must serve a notice in writing on the roads authority at least 14 working days before the day on which the matter is set down for hearing.(4) The notice of intention must specify the matters in the certificate that are intended to be challenged.(5) If the defendant is intending to challenge the accuracy of any measurement, analysis or reading in the certificate, the defendant must specify the reason why the defendant alleges that it is inaccurate and must specify the measurement, analysis or reading that the defendant considers to be correct.(6) The defendant cannot challenge any matter in the certificate if the requirements of this section have not been complied with in relation to the certificate, unless the court gives leave to do so in the interests of justice.
213 Limits on amount of compensation
(cf model provisions, s 143)
(1) If, in making a roads compensation order, the court is satisfied that the commission of the offence concerned contributed to the damage but that other factors not connected with the commission of the offence also contributed to the damage, the court must limit the amount of the compensation payable by the offender to the amount it assesses as being the offender’s contribution to the damage.(2) The maximum amount of compensation cannot exceed the monetary jurisdictional limit of the court in civil proceedings.(3) The court may not include in the roads compensation order any amount for:(a) personal injury or death, or(b) loss of income (whether sustained by a roads authority or any other person or organisation), or(c) damage to any property (including a vehicle) that is not part of the road infrastructure.
(cf model provisions, s 144)
The court has the same power to award costs in relation to the proceedings for a compensation order under this Division as it has in relation to civil proceedings, and the relevant provisions of laws applying to costs in relation to civil proceedings apply with any necessary adaptations to costs in relation to the proceedings for the compensation order.
215 Enforcement of compensation order and costs
(cf model provisions, s 145)
A compensation order under this Division, and any award of costs, are enforceable as if they were a judgment of the court in civil proceedings.
216 Relationship with orders or awards of other courts and tribunals
(cf model provisions, s 146)
(1) A compensation order under this Division may not be made if another court or tribunal has awarded compensatory damages or compensation in civil proceedings in respect of the damage based on the same or similar facts, and if a court purports to make an order under this Division in those circumstances:(a) the order is void to the extent that it covers the same matters as those covered by the other award, and(b) any payments made under the order to the extent to which it is void must be repaid by the roads authority.(2) The making of a compensation order under this Division does not prevent another court or tribunal from afterwards awarding damages or compensation in civil proceedings in respect of the damage based on the same or similar facts, but the court or tribunal must take the order into account when awarding damages or compensation.(3) Nothing in this Division affects or limits any liability to pay compensation under section 102 of the Roads Act 1993, except as provided by this section.
Division 2 Detention, impounding and forfeiture of vehicles and confiscation of number plates
217 Object and effect of Division
(1) This Division provides for the imposition of certain sanctions in addition to any other penalties that may be imposed by or under the road transport legislation with respect to sanctionable offences.(2) Nothing in this Division affects any discretion or power that a court or person has apart from this Division in respect of any sanctionable or other offence.
(1) In this Division:camera recorded offence means a speeding offence that was recorded by an approved camera recording device, or approved average speed detection device, within the meaning of the Road Transport (Safety and Traffic Management) Act 1999.
Commissioner means the Commissioner of Police.
crash test means a test to measure the effect of the impact of a motor vehicle that collides with another vehicle or other object, or a pedestrian, that is conducted by a person or body designated by the Authority.
designated speed limit, in relation to a driver on a length of road, means:
(a) except as provided by paragraph (b)—the speed limit applicable to the driver on the length of road (including a length of road in a school zone) under the Road Transport (Safety and Traffic Management) Act 1999, or(b) if the speed limit applicable to the driver on the length of road (not being a length of road in a school zone) under that Act is determined by a variable illuminated message device or other speed limit sign indicating a speed limit lower than that normally applicable to the road—the speed limit that would normally be applicable to the driver on the length of road under that Act.high range speed offence means an offence (not being a camera recorded offence) of driving a vehicle at a speed more than 45 kilometres per hour over the designated speed limit applying to the driver for the length of road at the time the offence is committed.
number plate means a number plate issued by the Authority and includes a special number-plate within the meaning of section 8A of the Road Transport (Vehicle Registration) Act 1997.
number plate confiscation notice means a notice in a form approved by the Commissioner containing the information prescribed by the regulations for the purposes of this definition.
number plate confiscation period, in relation to a motor vehicle, means the period during which the vehicle is prohibited from being operated on a road by a number plate confiscation notice.
offending operator means a person who, at the time of an offence or alleged offence in connection with which a motor vehicle was or is being used, was or is both the driver, and a registered operator, of the motor vehicle.
production notice in relation to a motor vehicle or number plates—see section 218A (1).
registered interest, in relation to a motor vehicle, means a security interest in the vehicle with respect to which a financing statement (within the meaning of the Personal Property Securities Act 2009 of the Commonwealth) has been registered under that Act.
sanctionable offencemeans any of the following:
(a) a high range speed offence,(b) an offence under section 40 or 41 (2) of the Road Transport (Safety and Traffic Management) Act 1999,(c) an offence under section 51B (Police pursuits) of the Crimes Act 1900,(d) any other offence prescribed by the regulations.school zone has the meaning that it has in the road rules prescribed under the Road Transport (Safety and Traffic Management) Act 1999.
(2) In this Division:working day, in relation to the impoundment of a motor vehicle, or the delivery or confiscation of number plates, means a day that is not:
(a) a Saturday or Sunday, or(b) a public holiday or a bank holiday in the place at which the motor vehicle was impounded, or the number plates were confiscated or required to be delivered under this Division.
Subdivision 2 Additional sanctions for certain offences
218 When additional sanctions may be imposed
A police officer may impose any one or more of the sanctions set out in section 218A if the police officer reasonably believes that a motor vehicle:(a) is being or has (on that day or during the past 10 days) been operated on a road by an offending operator of the vehicle so as to commit a sanctionable offence, or(b) is being or has (on that day or during the past 10 days) been operated on a road by a driver (whether or not an offending operator of the motor vehicle) during a number plate confiscation period, or(c) is being or has (on that day or during the past 10 days) been operated on a road by an offending operator of the vehicle who has committed an offence under section 218E (Failure to comply with production notice), or(d) is being operated on a road by a person who has been charged with an offence under section 218F (Number plate and other offences), or(e) is the subject of forfeiture under section 219.
218A Sanctions that may be imposed
(1) The police officer may do any one or more of the following:(a) seize and take charge of the motor vehicle and cause it to be moved to a place determined by the Commissioner,(b) immediately, or as soon as practicable afterwards, give or send the offending operator a notice (a motor vehicle production notice) requiring the offending operator to move or cause the vehicle to be moved to, or to produce or cause to be produced to a police officer at, a place specified in the notice no later than on the date and time specified in the notice (the motor vehicle production date),(c) remove and confiscate the number plates affixed to the motor vehicle and attach a number plate confiscation notice to the motor vehicle,(d) immediately or as soon as practicable afterwards:(i) give the offending operator a notice (a number plate production notice) requiring the offending operator to remove or cause to be removed the number plates affixed to the vehicle and produce them to a police officer at a place specified in the notice no later than on the date and time specified in the notice (the number plate production date), and(ii) attach a number plate confiscation notice to the motor vehicle,(e) as soon as practicable afterwards, send to the offending operator at the garage address of the motor vehicle:(i) a notice (a number plate production notice) requiring the offending operator to remove or cause to be removed the number plates affixed to the vehicle and produce them to a police officer at a place specified in the notice no later than on the date and time specified in the notice (the number plate production date), and(ii) a number plate confiscation notice.(2) An offending operator who is sent a number plate confiscation notice under subsection (1) (e) must attach the number plate confiscation notice to the motor vehicle in the manner described on the notice no later than on the number plate production date.Maximum penalty: 30 penalty units.
(3) Except as provided by this Division, a motor vehicle to which a number plate confiscation notice is attached under:(a) subsection (1) (c) is prohibited from being operated on any road during the period of 3 months commencing on the day the notice is attached to the vehicle, and(b) subsection (1) (d) or (e) is prohibited from being operated on any road during the period of 3 months commencing from the number plate production date.Note. See section 218F with respect to number plate offences.
(1) The date specified in a motor vehicle production notice or number plate production notice for production of a motor vehicle or number plates, respectively, must be a date that is no later than the first working day occurring 5 days after the notice is given.(2) A production notice may be given personally or by post and must state the ground on which it is being given.(3) The disposal of a motor vehicle within the period of 5 days after a production notice is given in relation to the motor vehicle does not affect the requirement to produce the motor vehicle or number plates in accordance with the notice, except as provided by subsection (4).(4) A production notice ceases to have effect in relation to a motor vehicle or number plates if it is withdrawn by the Commissioner by notice in writing given to:(a) the offending operator concerned, or(b) a person who purchased the motor vehicle after the production notice was given who satisfies the Commissioner that the purchase was made in good faith for value and without notice, at the time of the purchase, of the production notice.Note. It is an offence under section 218F (4) to operate a motor vehicle to which a number plate confiscation notice is attached when the vehicle is not the subject of such a notice.(5) On being given notice of the withdrawal of a production notice under subsection (4), the offending operator or purchaser concerned must remove any number plate confiscation notice attached to the motor vehicle before the motor vehicle is operated on any road.
218C Powers and duties relating to seizure of motor vehicles and removal of number plates
(1) A motor vehicle may be seized, or number plates confiscated from a motor vehicle, under section 218A on:(a) a road or public place, or(b) any other place, with the consent of the owner or occupier of the place or under the authority of a search warrant issued under section 228.(2) For the purpose of exercising the powers conferred by section 218A (1) (a) or (c), a police officer may:(a) cause any locking device or other feature of the motor vehicle concerned that is impeding the seizure and movement of the motor vehicle to be removed, dismantled or neutralised and may, if the driver or any other person will not surrender the keys to the vehicle, start the vehicle by other means, and(b) use or caused to be used such equipment and force as is necessary to remove number plates and remove or disable any device or thing impeding the removal of the number plates.(3) A motor vehicle may be moved under section 218A (1) (a):(a) by being driven, whether or not under power, or by its being towed or pushed, or in any other manner, and(b) by one or more police officers or, at the direction of a police officer by persons engaged by the Commissioner, and may be impounded at premises under the control of the Commissioner or of another authority or person.(4) A police officer is to deliver, or cause to be delivered, number plates that are confiscated under section 218A to the Authority as soon as practicable (but no later than 5 working days after they are confiscated).(5) A motor vehicle to which a number plate confiscation notice is attached under section 218A (1) (c) may:(a) be moved by its being driven, whether or not under power, or by its being towed or pushed, or in any other manner, to the nearest place at which, in the opinion of the police officer concerned, it may lawfully stand at that time, and(b) be towed (at the expense of the registered operator) to its normal garage address.(6) If a motor vehicle is moved in accordance with this section by a tow truck, the person operating or driving the tow truck may take such action as is reasonable or necessary to facilitate the towing of the vehicle in a manner that does the least damage to the vehicle. In taking any such action, the person is not liable for any damage to the vehicle that the person causes.Note. For example, a tow truck driver may need to break into an unattended motor vehicle that is causing an obstruction in order to release the hand brake and avoid doing serious damage to the vehicle’s transmission.(7) The registered operator of a motor vehicle that has had its number plates removed is responsible for the safe and legal parking of the vehicle, any fees for removal or towing and any other costs and financial loss incurred (including any parking fines and any fees for the issue of any number plate to replace a number plate damaged when removed under this section).
218D Removal, impounding and production of vehicle
(1) Any motor vehicle moved to, or produced at, a place in accordance with section 218A may, subject to the regulations, be impounded by the Commissioner at that place or may be moved to and impounded at any other place determined by the Commissioner.(2) A certificate in writing given by a police officer as to the fact and cost of any such movement is evidence of those matters.
218E Failure to comply with production notice
(1) A driver who is a registered operator of a motor vehicle is guilty of an offence if:(a) the driver is given a motor vehicle production notice in relation to the motor vehicle, and(b) without reasonable excuse, the driver fails to move the motor vehicle to or produce it at, or cause it to be moved to or produced at, the place, on the date and within the time period, specified in the notice.Maximum penalty: 30 penalty units.
(2) A driver who is a registered operator of a motor vehicle is guilty of an offence if:(a) the driver is given a number plate production notice in relation to number plates affixed to the vehicle, and(b) without reasonable excuse, the driver fails to remove or caused to be removed the number plates and produce or cause them to be produced at the place, on the date and within the time period, specified in the notice.Maximum penalty: 30 penalty units.
(3) The Authority may suspend the registration of a registrable vehicle for a period not exceeding 3 months if the registered operator of the vehicle:(a) is found guilty of an offence under this section, or(b) pays the whole or part of the amount specified in a penalty notice issued in respect of an offence under this section, or in any process subsequent to such a penalty notice, as the amount that is payable in order to dispose of the alleged offence without having it dealt with by a court, or(c) has not paid the amount so specified, has not elected to have the matter dealt with by a court and the time for electing to have the matter so dealt with has elapsed.Note. Under this section, the Authority may suspend the registration of a vehicle even if the court does not proceed to conviction after finding the driver or registered operator guilty and makes an order under section 10 of the Crimes (Sentencing Procedure) Act 1999.(4) Any suspension under subsection (3) is in addition to any penalty imposed by a court or prescribed by the regulations under section 183 for the offence.(5) A motor vehicle used by an offending operator who has committed a second or subsequent offence under this section is, by the finding of guilt by the court, forfeited to the Crown unless already forfeited under section 219 or the court otherwise directs under section 219A (Commutation of forfeiture).Note. A forfeited motor vehicle may be crash tested—see section 225 (6).(6) For the purposes of subsection (5), an offence under this section includes an offence in respect of which the charge is found proven, or a person is found guilty, (but without proceeding to a conviction) under section 10 of the Crimes (Sentencing Procedure) Act 1999.
218F Number plate and other offences
(1) A person must not, without lawful excuse, operate a motor vehicle on a road during a number plate confiscation period applying to the motor vehicle.Maximum penalty: 30 penalty units.
(2) A person must not, without lawful excuse, remove, tamper with or modify a number plate confiscation notice attached to a motor vehicle during a number plate confiscation period applying to the motor vehicle.Maximum penalty: 30 penalty units.
(3) A person must not, without lawful excuse, operate a motor vehicle on a road during a number plate confiscation period applying to the motor vehicle while any of the following is affixed to the vehicle:(a) a number plate issued (whether or not in respect of the registration of that particular vehicle) under a law in force in New South Wales or any other State or Territory,(b) an altered number plate issued under such a law,(c) a number plate likely to be mistaken for, or resembling, such a number plate.Maximum penalty: 30 penalty units.
(4) A person must not operate a motor vehicle on a road with a number plate confiscation notice, or thing resembling such a notice, attached to the vehicle when the vehicle is not the subject of such a notice.Maximum penalty: 20 penalty units.
(5) A registered operator of a registrable vehicle (other than the driver of the vehicle) used in contravention of this section is also guilty of an offence if it is proved that the operator caused, permitted, allowed or failed to take reasonable precautions to prevent, the contravention.Maximum penalty: 30 penalty units.
(6) A person must not by a false statement or representation attempt to obtain the release of:(a) a vehicle impounded under this Division, or(b) number plates confiscated under this Division.Maximum penalty: 30 penalty units.
(7) The driver of a motor vehicle is not guilty of an offence under this section if he or she did not know, and could not reasonably have known, that:(a) the motor vehicle was subject to a number plate confiscation notice, or(b) the number plates were affixed to the motor vehicle in contravention of subsection (3).(8) The registered operator of a motor vehicle is not guilty of an offence under this section if he or she did not know, and could not reasonably have known, that:(a) the motor vehicle was being operated in contravention of a number plate confiscation notice, or(b) the number plates were affixed to the motor vehicle in contravention of subsection (3).
219 Forfeiture of vehicles on finding of guilt of offending operator
(1) A motor vehicle used in connection with a sanctionable offence that is a second or subsequent offence by the offending operator under the provision concerned within a 5 year period is, by the finding of guilt by the court, forfeited to the Crown unless already forfeited under section 218E or the court otherwise directs under section 219A.Note. A forfeited motor vehicle may be crash tested—see section 225 (6).(2) A motor vehicle used in connection with an offence under section 218F (a number plate offence) is, by the finding of guilt by the court, forfeited to the Crown unless already forfeited under section 218E or the court otherwise directs under section 219A.Note. A forfeited motor vehicle may be crash tested—see section 225 (6).(3) Any forfeiture under this section is in addition to any other penalty that may be imposed for the offence concerned, but for the purposes of any rights of appeal against a penalty so imposed by the court finding the offence to be proven, the forfeiture is taken to be, or to be part of, that penalty.(4) For the purposes of this section, payment of the amount specified in a penalty notice issued in respect of a sanctionable offence or a number plate offence, or in any process issued subsequent to such a penalty notice, as the amount that is payable in order to dispose of the alleged offence without having it dealt with by a court has the same effect as a finding by a court that the offence was proven.
219A Commutation of forfeiture
(1) The court that finds a person guilty of an offence referred to in section 218E (5) or 219 (2) may, at the time of making that finding, by order direct that the forfeiture that would otherwise be imposed under the provision concerned by that finding be commuted to a period of impounding, or confiscation of number plates, specified in the order, if the court is satisfied that the forfeiture of the motor vehicle will cause extreme hardship to the offending operator or any other person.(2) For the purposes of subsection (1), financial loss or difficulty in carrying out employment (whether paid or unpaid) or in travelling to a place of employment or business or to any place for the purposes of education, training or study does not constitute extreme hardship.(3) The period for which a motor vehicle was impounded under section 218D is to be reckoned as counting towards a period of impounding imposed under this section.(4) A motor vehicle impounded by an order of a court under this section is to be retained by the Commissioner for the time required by the order, unless it is sooner released under this Division.(5) Number plates confiscated by an order of a court under this section are to be retained by the Authority for the time required by the order, unless they are sooner released under this Division.
220 Interested persons to be notified
The offending operator is to give the holder of any registered interest in a motor vehicle notice of the imposition of any sanction in relation to the motor vehicle operated in connection with the offence concerned under section 218A.
221 Retention of motor vehicle impounded or number plates confiscated under this Division
(1) The Commissioner is to retain a motor vehicle impounded under section 218D for the period of 3 months after its impoundment, unless it is sooner released under this Division or in accordance with the regulations.(2) The Authority is to retain number plates confiscated under section 218A for the period of 3 months after they are confiscated, unless they are sooner released under this Division or in accordance with the regulations.(3) This section does not apply in the case of a motor vehicle impounded in the circumstances referred to in section 218 (e), except as prescribed by the regulations.
222 Early release of motor vehicle and number plates on application to Local Court
(1) A person may apply to the Local Court for an order for the release into the person’s custody of:(a) a motor vehicle impounded under this Division before the end of the period of impounding imposed on the motor vehicle, or(b) number plates confiscated under this Division before the end of the number plate confiscation period applying to the number plates.(2) An order cannot provide for release on a day that is less than 5 working days after the vehicle was impounded or the number plates were confiscated.(3) In determining whether to make an order under this section, the Local Court is entitled to have regard to the following:(a) the safety of the public and the public interest in preventing the use of a motor vehicle that the Court considers is reasonably likely in all the circumstances to be used for further sanctionable offences,(b) any alleged extreme hardship to a person other than the registered operator of the motor vehicle arising from the impoundment of the vehicle or confiscation of the number plates.(4) The motor vehicle or number plates are to be released by order of the Local Court only after the applicant has paid in full any applicable movement, towing and storage fees under section 223.(5) An applicant into whose custody a motor vehicle is released by an order under this section must acknowledge in writing receipt of the motor vehicle from the custody of the Commissioner.(6) An applicant into whose custody number plates are released by an order under this section must acknowledge in writing receipt of the number plates from the custody of the Authority.(7) An applicant into whose custody number plates are released by an order under this section must remove any number plate confiscation notice attached to the motor vehicle before the motor vehicle is operated on any road.
223 Release of impounded vehicle and number plates
(1) The regulations may prescribe the fees (if any) payable in respect of the movement, towage and storage of an impounded vehicle or release of number plates and the persons responsible for payment of those fees.(2) It is the duty of the Commissioner to endeavour to cause any impounded motor vehicle to be available for collection by a person entitled to its possession as soon as the person is entitled to it.(3) However, the Commissioner is not required to release any motor vehicle under this section or to release any vehicle in accordance with an order of the Local Court unless all movement, towing and storage fees payable under this section in respect of the impounded vehicle have been paid in full.(4) An applicant to whom a motor vehicle is released under this section must in writing acknowledge receipt of the vehicle from the custody of the Commissioner.(5) The Commissioner may waive the whole or any part of the prescribed fees for movement, towage and storage of a motor vehicle.(6) It is the duty of the Authority to endeavour to cause any number plates to be available for collection by a person entitled to possession of the number plates as soon as the person is entitled to them or, if the number plates were damaged when removed under this Division, to issue replacement number plates.
224 Safe keeping of motor vehicles
The Commissioner has (in the Commissioner’s official capacity) a duty to take all reasonable steps to secure an impounded motor vehicle against theft or damage (otherwise than by crash testing under this Division) while impounded.
225 Disposal and crash testing of vehicles
(1) The Commissioner may cause an impounded or forfeited motor vehicle to be offered for sale in the circumstances prescribed by the regulations. The sale is to be by public auction or public tender.(2) The motor vehicle may be disposed of otherwise than by sale if the Commissioner believes on reasonable grounds that the vehicle has no monetary value or that the proceeds of the sale would be unlikely to exceed the costs of sale.(3) If the motor vehicle offered for sale is not sold, the Commissioner may dispose of the motor vehicle otherwise than by sale.(4) The regulations may make provision for or with respect to the disposal of the proceeds of any such sale, including provisions for or with respect to entitling persons to seek to be paid any such proceeds.(5) At the request of the Authority, the Commissioner may dispose of a motor vehicle that is the subject of forfeiture under section 219 by releasing it to the Authority to be used for the purposes of crash testing and any educational program for drivers of motor vehicles established by the Authority.(6) The Authority may cause any motor vehicle released to it to be used for the purposes of crash testing and any educational program for drivers of motor vehicles established by the Authority.
226 Protection from liability with respect to impounding, removal of number plates and crash testing and other matters
No action lies against the Crown, the Minister, the Commissioner, the Authority, Transport for NSW or any police officer for:(a) any damage to, or theft of, a motor vehicle caused by, or arising from, impounding or crash testing a motor vehicle or removing number plates from a motor vehicle in accordance with this Division, or(b) failure by an offending operator to give the holder of a registered interest notice as required by section 220.
(1) No action lies against the Crown, the Minister, the Commissioner or any police officer in respect of the seizure or impounding of a motor vehicle, or the confiscation of number plates, under this Division for an alleged offence for which no proceedings or process are taken or issued.(2) This section does not protect a police officer from liability in respect of the seizure or confiscation, otherwise than in good faith, of a motor vehicle or number plates.
(1) A police officer may apply to an authorised officer for a search warrant if the police officer has reasonable grounds for believing that there is or, within 72 hours, will be on any premises a motor vehicle that has been operated as referred to in section 218 or in relation to which number plates have been, or are being, used in contravention of section 218F.(2) An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising a police officer named in the warrant:(a) to enter the premises, and(b) to search the premises for such a motor vehicle or number plates, and(c) to seize such a motor vehicle or number plates, and otherwise deal with it, in accordance with this Division.(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.(4) In this section, authorised officer and premises have the same meanings as they have in the Law Enforcement (Powers and Responsibilities) Act 2002.
Part 5.6 Evidential provisions
This Part applies to proceedings for an offence under the road transport legislation.
(cf model provisions, s 163, former Act, s 46)
(1) A statement in a certificate purporting to have been issued by an Australian Authority, an Australian authorised officer or an Australian police officer that, at a specified time or during a specified period:(a) a specified vehicle or combination was or was not a heavy vehicle or heavy combination, or(b) a specified vehicle or combination was or was not of a particular class of heavy vehicle or heavy combination, or(c) a specified person was or was not the registered operator of a heavy vehicle, or(d) a specified person was or was not a member of or participant in an approved road transport compliance scheme, or(e) a specified location was or was not, or was or was not part of, a road or road-related area, or(f) without limiting paragraph (e), a specified area was the subject of a declaration referred to in section 15 (Power to include or exclude areas in road transport legislation) or was not the subject of a declaration under section 16 (Power to exclude vehicles, persons or animals from road transport legislation), or both, or(g) a specified location was or was not subject to a specified prohibition, restriction or other requirement regarding the operation or use of vehicles or specified classes of vehicles (including, for example, a temporary restriction on load limits during wet weather), or(h) a specified vehicle was or was not registered under an Australian applicable road law, or(i) a specified vehicle was or was not insured to cover third party personal injury or death either generally or during a specified period or in a specified situation or specified circumstances, or(j) any specified specifications, capabilities or legal entitlements or other information relating to a specified vehicle or combination (or a specified component of a specified vehicle or combination) were or were not recorded in an Australian Authority’s records (including a register kept by the Australian Authority), or were or were not displayed on the vehicle or combination in accordance with an Australian applicable road law, or(k) (Repealed)(l) a specified person was or was not the holder of a driver licence that was of a specified class, or that was subject to specified conditions, or(m) a specified person is or was disqualified from holding a driver licence or an Australian driver licence or other authority to drive a motor vehicle and the circumstances of any such disqualification, or(n) a specified person has incurred specified demerit points, or(o) a specified person was or was not the holder of a driver licence that was of a specified class, or that was subject to specified conditions, and that authorised the person to drive a vehicle or combination or a vehicle or combination of a specified class, or(p) a specified person was or was not the holder of a driver licence that authorised the person to drive a vehicle or combination of a specified class either generally or at a specified time or during a specified period or on a specified route or in a specified area or subject to specified conditions, or(q) a specified person was or was not the holder of a permit under an Australian applicable road law to drive or operate a specified vehicle or combination or a vehicle or combination of a specified class either generally or subject to specified conditions, or(r) a specified penalty, fee or charge was or was not, or is or is not, payable under the road transport legislation or an Australian applicable road law by a specified person, or(s) a specified penalty notice under the road transport legislation or a specified infringement notice under an Australian applicable road law was served on a specified person in a specified way on a specified date, or(t) a specified penalty notice under the road transport legislation or a specified infringement notice under an Australian applicable road law was served in relation to a specified vehicle or combination, or(u) a specified penalty notice under the road transport legislation or a specified infringement notice under an Australian applicable road law has or has not been withdrawn or amended, or(v) a specified penalty notice under the road transport legislation or a specified infringement notice under an Australian applicable road law has been amended in a specified way on a specified date, or(w) a specified person has or has not paid an infringement penalty under an Australian applicable road law, or(x) a specified person had or had not notified the Australian Authority:(i) of any change of address or of a specified change of address, or(ii) that the person suffered from any prescribed medical condition or from any specified prescribed medical condition, or(y) a specified person, vehicle or combination was or was not subject to a specified registration, licence, permit, authorisation, approval, exemption or notice under the road transport legislation or an Australian applicable road law, or(z) a specified registration, licence, permit, authorisation, approval, exemption or notice was or was not varied, suspended, cancelled or revoked under the road transport legislation or an Australian applicable road law, or(aa) a specified person, vehicle or combination had or did not have specified legal entitlements, or(ab) a specified document was or was not lodged, or a specified fee was or was not paid, by a specified person, or(ac) a specified person was or was not an authorised officer under the road transport legislation or an Australian applicable road law, or(ad) a specified identification card was an identification card issued or designated by the Australian Authority and was or was not current, or(ae) a specified authorised officer was authorised to exercise a specified power, and:(i) was not restricted by an Australian Authority in the exercise of the power, or(ii) was not restricted in a specified way in the exercise of the power, or(af) a specified person or body was an Australian Authority, or(ag) a specified person was an approved officer under Division 2 of Part 3.5, or(ah) specified terms and conditions were the terms and conditions on which a specified person was an approved officer under Division 2 of Part 3.5, or(ai) a specified road, or a specified part of the road, was a declared route within the meaning of Part 3.6, or(aj) a specified area was a declared zone within the meaning of Part 3.6, or(ak) a specified vehicle or combination (or specified component of a specified vehicle or combination) was weighed by or in the presence of a specified authorised officer on a specified weighbridge or weighing facility or by the use of a specified weighing device and that a specified mass was the mass of the vehicle or combination (or component),is admissible in any proceedings and is prima facie evidence of the matters stated.(2) Without limiting subsection (1), a statement in a certificate purporting to have been issued by an Australian Authority, an Australian authorised officer or an Australian police officer as to any matter that appears in or can be calculated from records kept or accessed by the Australian Authority or officer is admissible in any proceedings and is prima facie evidence of the matters stated.(3) Subsection (2) extends to any matter that appears in a towing authorisation within the meaning of the Tow Truck Industry Act 1998.
231 Proof of appointments and signatures unnecessary
(cf model provisions, s 168)
(1) For the purposes of this Act, it is not necessary to prove the appointment of an office holder.(2) For the purposes of this Act, a signature purporting to be the signature of an office holder is evidence of the signature it purports to be.(3) In this section:office holder means:
(a) the Chief Executive of the Authority, or(b) the chief executive of any other Australian Authority, or(c) the Commissioner of Police, or(d) the head of the police force or police service of any other jurisdiction, or(e) an authorised officer (other than a police officer), or(f) any other Australian authorised officer, or(g) a police officer, or(h) any other Australian police officer.
(cf model provisions, s 161)
(1) If, in proceedings for an offence, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:(a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority, and(b) that the director, employee or agent had the relevant state of mind.(2) For the purposes of a prosecution for an offence, conduct engaged in on behalf of a body corporate by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority is taken to have been engaged in also by the body corporate, unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.(3) If, in proceedings for an offence, it is necessary to establish the state of mind of a person other than a body corporate (the employer) in relation to particular conduct, it is sufficient to show:(a) that the conduct was engaged in by an employee or agent of the employer within the scope of his or her actual or apparent authority, and(b) that the employee or agent had the relevant state of mind.(4) For the purposes of a prosecution for an offence, conduct engaged in on behalf of a person other than a body corporate (the employer) by an employee or agent of the employer within the scope of his or her actual or apparent authority is taken to have been engaged in also by the employer, unless the employer establishes that the employer took reasonable precautions and exercised due diligence to avoid the conduct.(5) In this section:director of a body corporate includes a constituent member of a body corporate incorporated for a public purpose by a law of any jurisdiction.
state of mind of a person includes:
(a) the knowledge, intention, opinion, belief or purpose of the person, and(b) the person’s reasons for the intention, opinion, belief or purpose.
(cf model provisions, s 162)
(1) In proceedings for an offence, a statement or allegation in a complaint or charge made by the person bringing the proceedings that, at a specified time or during a specified period:(a) a specified vehicle or combination was a heavy vehicle or heavy combination, or(b) a specified vehicle or combination was of a particular class of heavy vehicle or heavy combination, or(c) a specified person was the registered operator of a heavy vehicle, or(d) a specified person was a member of or participant in an approved road transport compliance scheme, or(e) a specified location was, or was part of, a road, or(f) without limiting paragraph (e), a specified area was the subject of a declaration referred to in section 15 or was not the subject of a declaration under section 16, or both, or(g) a specified location was subject to a specified prohibition, restriction or other requirement regarding the operation or use of vehicles or specified classes of vehicles (including, for example, a temporary restriction on load limits during wet weather),is prima facie evidence of that matter.(2) In a prosecution for an offence, a statement or allegation in a court attendance notice made by the person bringing the proceedings that the offence was committed in a specified place, at a specified time, on a specified date or during a specified period is prima facie evidence of that matter.
234 Evidence regarding measuring and weighing
(cf Roads Act, s 248 (3))
A statement in a certificate issued by a trade measurement inspector within the meaning of the National Measurement Act 1960 of the Commonwealth, or by the holder of a servicing licence within the meaning of that Act, that on a date specified in the certificate a specified measuring device was tested and was found to measure accurately (or accurately within specified tolerances):(a) is admissible in any legal proceedings, and(b) is evidence of the fact that the device measured accurately (or accurately within those tolerances) at all times within the period of 12 months after that date.
235 Evidence regarding weighing
(cf model provisions, s 165)
Evidence of a record made by:(a) the operator of a weighbridge or weighing facility, or(b) an employee of the operator of the weighbridge or weighing facility,of the mass of a vehicle or combination (or component of a vehicle or combination) weighed at the weighbridge or facility is admissible in any proceedings and is prima facie evidence of the mass of the vehicle or combination (or component) at the time it was weighed.
236 Evidence regarding manufacturer’s ratings
(cf model provisions, s 166)
(1) Evidence of a written statement purporting to be made by the manufacturer of a vehicle or component of a vehicle regarding the mass rating of the vehicle or component determined by the manufacturer is admissible in any proceedings and is prima facie evidence:(a) of the mass rating, and(b) of any conditions to which the rating is subject included in the statement, and(c) that the statement was made by the manufacturer of the vehicle or component.(2) Evidence of a written statement purporting to be made by the manufacturer of load restraint equipment designed for use on a vehicle or combination (or a component of a vehicle or combination) regarding the strength or performance rating of the equipment determined by the manufacturer is admissible in any proceedings and is prima facie evidence:(a) of the strength or performance rating, and(b) that the equipment was designed for that use, and(c) of any conditions to which the rating is subject included in the statement, and(d) that the statement was made by the manufacturer of the equipment.
237 Evidence not affected by nature of vehicle or combination
(cf model provisions, s 167)
Evidence obtained in relation to a vehicle or combination in consequence of the exercise of powers under this Act is not affected merely because the vehicle or combination is not a heavy vehicle or heavy combination.
238 Transport documentation and journey documentation
(cf model provisions, s 169)
(1) Transport documentation or journey documentation is admissible in any proceedings under or for the purposes of an applicable road law within the meaning of Part 4.2 and is prima facie evidence of:(a) the identity and status of the parties to the transaction to which it relates, and(b) the destination or intended destination of the load to which it relates.(2) The reference in subsection (1) to the status of the parties includes a reference to their status as responsible persons (within the meaning of Chapter 3) in relation to the transaction.