Part 5 Vehicle safety and accidents
Division 1 Offences relating to unsafe loads
(cf Traffic Act, s 8C)
(1) A person is guilty of an offence if:(a) the person knows, or ought reasonably to know, that a motor vehicle or trailer is loaded unsafely, and(b) the person drives or causes or permits the motor vehicle or trailer to be driven or to stand on a road or road related area, and(c) death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely.Maximum penalty: 50 penalty units or imprisonment for 12 months or both (in the case of an individual) or 100 penalty units (in the case of a corporation).
(2) The responsible person for a motor vehicle or trailer is guilty of an offence if:(a) the motor vehicle or trailer is loaded unsafely and is driven or stood on a road or road related area, and(b) the person knows, or ought reasonably to know, that the motor vehicle or trailer is loaded unsafely, and(c) death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely.Maximum penalty: 50 penalty units or imprisonment for 12 months or both (in the case of an individual) or 100 penalty units (in the case of a corporation).
(3) A person is guilty of an offence if:(a) the person is a director of, or a person concerned in the management of, a corporation that is the responsible person for a motor vehicle or trailer that is loaded unsafely and is driven or stood on a road or road related area, and(b) the person knows, or ought reasonably to know, that the motor vehicle or trailer is loaded unsafely, and(c) death or personal injury to a person, or damage to property (other than the motor vehicle, trailer or load), occurs while the motor vehicle or trailer is being so driven or stood because it is loaded unsafely.Maximum penalty: 50 penalty units or imprisonment for 12 months or both (in the case of an individual) or 100 penalty units (in the case of a corporation).
(4) It is a defence to a prosecution for an offence under this section if a person establishes that the person was not in a position to prevent the motor vehicle or trailer from being driven or stood on a road or road related area while loaded unsafely.(5) For the purposes of this section, a motor vehicle or trailer is loaded unsafely if:(a) a load on the motor vehicle or trailer is placed in a way that makes the motor vehicle or trailer unstable or unsafe, or(b) a load on the motor vehicle or trailer is not secured in such a way that it is unlikely to fall or be dislodged from the motor vehicle or trailer, or(c) an appropriate method is not used to secure a load on the motor vehicle or trailer.(6) In proceedings for an offence under this section, it is sufficient to prove that a motor vehicle or trailer was loaded unsafely if the prosecution proves that the load on the vehicle or trailer was not placed, secured or restrained in a way that met the performance standards recommended in the Load Restraint Guide: Guidelines and performance standards for the safe carriage of loads on road vehicles, Second Edition, as published by the National Transport Commission in April 2004.(7) In this section:motor vehicle includes a combination consisting of a motor vehicle connected to one or more vehicles.
Division 2 Monitoring of heavy vehicles and vehicles carrying dangerous goods
(cf Traffic Act, s 10F)
(1) In this Division:applicable motor vehicle means a motor vehicle to which this Division applies.
approved means approved by the Authority.
automatic data, in relation to a journey made by a motor vehicle, means recordings (made by mechanical or electronic means, or by both of those means, in an approved form, and to an approved degree of accuracy) of:
(a) the lengths of time for which the vehicle is driven, and for which it is standing, during the journey, and(b) the speeds at which the vehicle is driven (measured continuously or at approved intervals) during the journey, and(c) the distance travelled during each period when the vehicle is driven during the journey,being recordings made by a monitoring device.manual data, in relation to a journey made by a motor vehicle, means recordings made by hand of:
(a) the date, time and place of commencement, and of completion, of the journey, and(b) the times at which the vehicle is driven, and at which it is standing, during the journey, and(c) the name of each driver, and the times at which each driver was in charge of the vehicle, during the journey, and(d) the registration number of the vehicle, and(e) the name of each person making each of the those recordings.monitoring device means a device which, when fitted to a motor vehicle, is capable of producing automatic data for a journey made by the vehicle.
motor vehicle includes a trailer.
prescribed officer means a person:
(a) who is employed:(i) by the Authority, or(ii) as an inspector under the Explosives Act 2003 or the Work Health and Safety Act 2011, or(iii) in some other capacity prescribed by the regulations, and(b) who is authorised for the purposes of this Division by the regulations.vehicle movement record, in relation to a journey made by a vehicle, means a record, in durable and graphic form, consisting of:
(a) manual data for the journey, and(b) either:(i) corresponding automatic data for the journey produced by a monitoring device, except where subparagraph (ii) applies, or(ii) where the automatic data is stored electronically in a monitoring device—a graphic representation, produced by an approved method, of that data.(2) The regulations may prescribe the manner in which the Authority may signify any approval for the purposes of this Division.
60 Application of this Division
(cf Traffic Act, s 10G)
(1) This Division applies to:(a) any motor vehicle (being a coach or heavy motor vehicle) of a class or description prescribed by the regulations, except in such circumstances as may be so prescribed, and(b) any motor vehicle which, because it carries dangerous goods within the meaning of the Dangerous Goods (Road and Rail Transport) Act 2008 is required by regulations under either Act, or under any code prescribed for the purposes of this paragraph by regulations under this Act, to have a sign exhibited on it.(2) This Division applies to vehicles, drivers and responsible persons for vehicles whether or not:(a) the vehicles are registered in New South Wales, or(b) the drivers hold driver licences issued in New South Wales, or(c) the responsible persons ordinarily reside (or, being corporations, are incorporated or have their principal places of business) in New South Wales.
61 Vehicles to be fitted with monitoring devices in working order
(cf Traffic Act, s 10H)
(1) An applicable motor vehicle is not to be used on any journey made wholly or partly on a road or road related area in New South Wales, unless:(a) a monitoring device is fitted to the vehicle, and(b) the device is producing automatic data for the journey.(2) If a vehicle is used in contravention of this section, the responsible person for the vehicle is guilty of an offence.Maximum penalty: 50 penalty units.
62 Vehicle movement record to be preserved
(cf Traffic Act, s 10I)
(1) A vehicle movement record relating to each journey commenced, on or after the commencement of this section, by a vehicle to which this Division applies is to be preserved for a period of at least 12 months after the date of commencement of the journey.(2) If this section is not complied with, the responsible person for the vehicle is guilty of an offence.Maximum penalty: 50 penalty units.
63 Vehicle movement record to be carried by driver
(cf Traffic Act, s 10J)
(1) An applicable motor vehicle must not be used for any journey made wholly or partly on a road or road related area or roads or road related areas unless a duly completed vehicle movement record is carried, in accordance with this section, by the driver of the vehicle at all times while the vehicle is in the State during the journey.(2) The record that must be carried on any day is to relate to any journey or part of a journey made by the vehicle, whether in or outside New South Wales, during the period of 14 days immediately preceding that day.(3) If a vehicle is used in contravention of this section, the responsible person for, and the driver of, the vehicle are each guilty of an offence and are each liable to a penalty not exceeding 50 penalty units.(4) It is a defence to a prosecution for an offence under this section if the defendant satisfies the court:(a) that the monitoring device fitted to the vehicle was of a type that stores automatic data electronically, and(b) that the compilation of the vehicle movement record required to be carried by the driver on the date of the alleged offence would have required the production of a graphic representation of data which, on that date, were stored in the monitoring device, and(c) that, in the circumstances of the case, the required record could not reasonably be expected to have been compiled by that date.(5) Nothing in this section requires the carriage of a vehicle movement record relating to the use, before the commencement of this section, of any vehicle.
64 Inspection of monitoring devices and records carried on vehicles
(cf Traffic Act, s 10K)
(1) A police officer may inspect any applicable motor vehicle in order to ascertain:(a) whether a monitoring device is fitted to the vehicle, and(b) whether any device so fitted appears to be operating correctly.(2) For the purposes of an inspection under subsection (1), a police officer may require the driver to operate the vehicle and to co-operate in any other manner reasonably necessary to facilitate the inspection.(3) A prescribed officer may:(a) require the driver of an applicable motor vehicle to produce for inspection:(i) his or her licence to drive the vehicle (whether issued in New South Wales or elsewhere), and(ii) any record required by this Division or the regulations to be carried by the driver of the vehicle during the journey, and(iii) any record carried by the driver in connection with the business to which the journey relates, and(b) make copies of, or take extracts from, any such record, and(c) make reasonable inquiries of the driver concerning any entries in any such record that are made by the driver.(4) For the purposes of this section:(a) a police officer wearing a police uniform, or(b) a prescribed officer identifying himself or herself in the manner required by the regulations,may by any reasonably clear signal require the driver of any applicable motor vehicle to stop and park the vehicle.(5) A police officer or a prescribed officer may require a vehicle and its driver to stay for such time as is reasonably necessary for the exercise of a power conferred on the officer by this section.(6) A person must not:(a) obstruct or hinder a police officer or a prescribed officer in the exercise of a power conferred by this section, or(b) fail to comply with a requirement made under this section.Maximum penalty: 50 penalty units.
65 Seizure of monitoring devices and records
(cf Traffic Act, s 10L)
(1) A police officer may disconnect and take and retain possession of a monitoring device that is fitted to an applicable motor vehicle, together with any automatic data stored in the device if:(a) the vehicle has been involved in an accident in which any person was killed, or(b) the police officer reasonably believes that the monitoring device or any part of its mechanism has been improperly interfered with, or(c) the police officer reasonably believes that the driver has committed a major offence involving the vehicle during the journey then being undertaken by the vehicle.(2) A police officer or a prescribed officer may take and retain possession of any record carried, pursuant to a requirement of this Division or the regulations, by the driver of an applicable motor vehicle if the officer reasonably believes that:(a) false entries have been made in the record, or(b) the record is unlawfully in the possession of the driver, or(c) the record does not relate to the vehicle concerned.(3) A police officer or a prescribed officer may take and retain possession of any document which the driver of an applicable motor vehicle represents to be a record required by this Division or the regulations to be carried by the driver but which the officer reasonably believes is not such a record.(4) A person must not obstruct or hinder a police officer or a prescribed officer in the exercise of a power conferred by this section.Maximum penalty: 50 penalty units.
66 Production of records by responsible persons
(cf Traffic Act, s 10M)
(1) The Authority may, by notice in writing served on any responsible person for an applicable motor vehicle, require the person to produce vehicle movement records to the Authority.(2) The notice may require the production of:(a) all vehicle movement records relating to journeys undertaken in the vehicle during the 12 months preceding the date of service of the notice, or(b) such of those records as the notice specifies.(3) The notice is not complied with if the records are not produced at a place, and within a time, specified by the notice.(4) The responsible person for a vehicle must comply with a notice under this section.Maximum penalty: 50 penalty units.
(5) Vehicle movement records produced to the Authority, whether in compliance with a notice under this section or otherwise, may be retained by the Authority for analysis, and while they are so retained, the responsible person for the vehicle is exempted from the requirements of any further notice under this section in relation to them.(6) A notice under this section does not require the production of a vehicle movement record being carried by the driver of a vehicle in accordance with a requirement of this Division.
67 Tampering with monitoring devices or vehicle movement records
(cf Traffic Act, s 10N)
(1) A person must not adjust any part of the mechanism of a monitoring device, fitted to an applicable motor vehicle, in such a manner that the accuracy of a vehicle movement record for the vehicle will be reduced.Maximum penalty: 50 penalty units.
(2) A person must not make any false entry in, or otherwise falsify, a vehicle movement record.Maximum penalty: 50 penalty units.
(3) Without limiting any power conferred on the Authority by or under this Act, the Authority may cancel the driver licence or licences of a person who commits an offence under this section.
(cf Traffic Act, s 10O)
(1) The Authority may, in accordance with the regulations, exempt any person or vehicle or any class of persons or vehicles from the operation of all or any of the provisions of this Division.(2) An exemption:(a) may be absolute or subject to conditions, and(b) if subject to conditions, has effect only while the conditions are observed.
69 Evidence of vehicle movement record
(cf Traffic Act, s 10P)
(1) A vehicle movement record is not admissible in evidence in any criminal proceedings unless:(a) the proceedings are proceedings for:(i) an offence under section 67, or(ii) aiding, abetting, counselling or procuring the commission of an offence under that section, or(iii) a major offence, or(b) the record is adduced by the defendant.(2) Nothing in this section affects the admissibility in any civil proceedings of a vehicle movement record.
Division 2A Speed limiting of heavy vehicles
In this Division:speed limiter compliant, in relation to a vehicle, means that the speed at which the vehicle is capable of being driven is limited, in the manner prescribed by the regulations for the purposes of this Division, to not more than 100 km/h.
speed limiter offence means an offence against section 69C.
(1) This Division applies to the vehicles prescribed by the regulations for the purposes of this Division.(2) This Division applies to vehicles and the drivers of, and responsible persons for, vehicles whether or not:(a) the vehicles are registered in New South Wales, or(b) the drivers hold driver licences issued in New South Wales, or(c) the responsible persons ordinarily reside (or, being corporations, are incorporated or have their principal places of business) in New South Wales.
69C Vehicles to be speed limited
(1) The responsible person for a vehicle to which this Division applies is guilty of an offence unless the vehicle is speed limiter compliant when the vehicle is being driven on a road or road related area.Maximum penalty: 30 penalty units (in the case of an individual) or 150 penalty units (in the case of a corporation).
(2) In proceedings for an offence under this section, proof that the vehicle concerned was driven on a road or road related area at a speed of more than 115 km/h is admissible and is prima facie evidence that the vehicle was not speed limiter compliant at the time that it was travelling at that speed.(3) It is a defence to a prosecution for an offence under this section if the defendant proves:(a) that the vehicle was, at the time of the alleged offence, a stolen vehicle or a vehicle illegally taken or used, or(b) that the vehicle is speed limiter compliant and that, at the time it was travelling at a speed of more than 115 km/h, the gradient of the length of road or road related area along which the vehicle was being driven at or immediately before that time, combined with the speed at which the vehicle was travelling on that length of road or road related area, caused it to be driven at more than 100 km/h despite the vehicle being speed limiter compliant.(4) In proceedings for an offence under this section, it is no defence that the defendant had a mistaken but reasonable belief as to the facts that constituted the offence.
69D Certificate evidence of speed limiter compliance
(1) In proceedings for a speed limiter offence, a certificate issued by an authorised person certifying that, at the time of certification, the manner of limiting the speed of the vehicle complied with the requirements prescribed by the regulations for the purposes of this Division is admissible and is prima facie evidence that the vehicle is speed limiter compliant.(2) In this section, authorised person means:(a) the manufacturer of a speed limiting mechanism fitted to the vehicle, or(b) any other person (or person belonging to a class or description of persons) prescribed by the regulations.
69E Photographic evidence of speed of vehicle
(1) Without limiting the evidence that may be given in proceedings for a speed limiter offence, in proceedings for such an offence evidence may be given of the measurement of speed obtained by the use of an approved speed measuring device and recorded by an approved camera recording device (or of an average speed calculated from information obtained from approved average speed detection devices) to prove the fact that a vehicle was driven on a road or road related area at a speed of more than 115 km/h.(2) Section 47 (2)–(7) (or, in the case of evidence of an average speed, section 47B) apply to the proceedings in the same way as they apply to proceedings for an offence of driving at a speed in excess of a speed limit imposed by or under this Act or the regulations in which such evidence is given.Note. See also section 73A.
69F Liability of offender for speed offence and giving of evidence of speed unaffected
Nothing in this Division:(a) affects the liability of a person who commits an offence under this Act or the regulations involving the driving of a vehicle on a road or road related area at a speed of more than 115 km/h for that offence, or(b) prevents the giving of evidence of the measurement of speed obtained by the use of an approved speed measuring device and recorded by an approved camera recording device (or of an average speed calculated from information obtained from approved average speed detection devices) in proceedings both for that offence and for a speed limiter offence.
Division 3 Duties of participants and others involved in road accidents
70 Offence of failing to stop and assist after impact causing injury
(1) A person is guilty of an offence if:(a) a vehicle or horse being driven or ridden by the person on a road or road related area is involved in an impact occasioning the death of, or injury to, another person, and(b) the person knows, or ought reasonably to know, that the vehicle or horse has been involved in an impact occasioning injury to another person, and(c) the person fails to stop and give any assistance that may be necessary and that it is in his or her power to give.Maximum penalty: 30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence).
(2) For the purposes of this section, the circumstances in which a vehicle is involved in an impact occasioning the death of, or injury to, a person include if the death or injury is occasioned through any of the following:(a) the vehicle overturning or leaving a road or road related area while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise),(b) an impact between any object and the vehicle while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise),(c) an impact between the person and the vehicle,(d) the impact of the vehicle with another vehicle or an object in, on or near which the person is at the time of the impact,(e) an impact with anything on, or attached to, the vehicle,(f) an impact with anything that is in motion through falling from the vehicle,(g) the person falling from the vehicle, or being thrown or ejected from the vehicle, while being conveyed in or on the vehicle (whether as a passenger or otherwise),(h) an impact between any object (including the ground) and the person, as a consequence of the person (or any part of the person) being or protruding outside the vehicle, while the person is being conveyed in or on the vehicle (whether as a passenger or otherwise).(3) For the purposes of this section, a vehicle is also involved in an impact occasioning the death of, or injury to, a person if:(a) the death or injury is occasioned through the vehicle causing an impact between other vehicles or between another vehicle and any object or person or causing another vehicle to overturn or leave a road or road related area, and(b) the prosecution proves that the vehicle caused the impact.(4) In this section, object includes an animal, building, structure, earthwork, embankment, gutter, stormwater channel, drain, bridge, culvert, median strip, post or tree.Note. Similar obligations are imposed on a person by section 52AB of the Crimes Act 1900 in relation to impacts causing death or grievous bodily harm.