Division 1 Production of information
228 RTA may require roads authority to provide information
The RTA may direct a council to furnish to the RTA such information relevant to the administration of this Act as is specified in the direction within such period (being at least 28 days) as is so specified.
229 Authorised officer may require production of information
(1) If an authorised officer suspects on reasonable grounds that the driver of a vehicle has committed an offence against this Act or the regulations, the officer may require the owner of the vehicle or the person in charge of the vehicle to produce immediately to the officer:(a) the name and residential address of the driver of the vehicle, the weight and description of the vehicle’s load and the unladen weight of the vehicle, as at the time of commission of the suspected offence, and(b) such documents as are in the person’s possession or control and as relate to the vehicle or its load, and(c) such other information relevant to the suspected offence as it is in the power of the person to give,and may also require the driver of the vehicle to produce to the officer the person’s driver licence.(2) The officer may require the information to be given either orally or by a signed statement.(3) The officer may also require any other person to give immediately, either orally or by a signed statement, such information relevant to a suspected offence against this Act or the regulations as it is in the power of the other person to give.(4) A requirement under this section may be made orally or by notice in writing served on the person concerned.(5) A person must not, without reasonable excuse, fail to comply with a requirement of an authorised officer made under this section.Maximum penalty: 30 penalty units.
(6) A person is not guilty of an offence under subsection (5) unless, before failing to comply with the requirement concerned, the person is warned that failure to comply with the requirement is an offence.
230–236(Repealed)
Division 3 Enforcement of certain directions
237 Manner and form in which directions to be given
(1) A direction under this Act must be in writing, may be served personally or by post and may be varied or revoked by a further direction in writing so served.(2) A direction under section 93, 95, 103, 104 or 107 may instead be given orally in cases of emergency.(3) A direction under section 230 may be given orally.
238 Roads authority may give effect to direction and recover costs
(1) A roads authority may take such action as is necessary to give effect to a direction under this Act if the direction is not complied with in accordance with its terms.(2) The costs incurred by a roads authority in taking action under this section are recoverable from the person to whom the direction was given, as a debt, in a court of competent jurisdiction.(3) The costs incurred by an authorised officer in exercising any function under Division 2 as a result of the failure of any person to comply with a direction under that Division with respect to a vehicle are recoverable by the appropriate roads authority from the owner of the vehicle, as a debt, in a court of competent jurisdiction.(4) Nothing in this section authorises a roads authority to recover an amount greater than that necessary to give effect to the direction.
Division 4 Miscellaneous offences
239 Failure to comply with directions
A person must not, without reasonable excuse, fail to comply with a direction given to the person under this Act.Maximum penalty: 30 penalty units (in the case of an offence arising under Division 4 of Part 7 or Division 2 of this Part) and 10 penalty units (in any other case).
240 Obstruction of authorised officers
(1) A person must not:(a) intentionally or recklessly obstruct or hinder an authorised officer in the exercise of a function under this Act, or(b) assault or resist an authorised officer in the exercise of such a function, or(c) incite a person to obstruct, hinder, assault or resist an authorised officer in the exercise of such a function.Maximum penalty: 30 penalty units (in the case of an offence with respect to an authorised officer exercising functions under Division 4 of Part 7 or Division 2 of this Part) and 20 penalty units (in any other case).
(2) A person is not guilty of an offence under this section unless the prosecution establishes:(a) that the person purporting to exercise the function concerned identified himself or herself at the relevant time as an authorised officer who had that function, or(b) that the defendant otherwise knew that the person was an authorised officer empowered to exercise that function.
241 Interference with survey marks
A person must not, without lawful authority, remove, alter or interfere with a stake, mark or trench installed or constructed in connection with the exercise by a roads authority of a function under this Act.Maximum penalty: 10 penalty units.
Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.
243 Penalty notices for certain offences
(1) An authorised officer may serve a penalty notice on a person if it appears to the authorised officer that the person has committed (or is, by virtue of section 235 or 244, guilty of) an offence against this Act or the regulations, being an offence prescribed by the regulations for the purposes of this section.(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter dealt with by a court, the person may pay, within the time and to the person specified in the notice, the penalty prescribed by the regulations for the offence if dealt with under this section.(3) If the penalty prescribed for an alleged offence is paid in accordance with this section, no person is liable to any further proceedings for the alleged offence.(4) Payment in accordance with this section is not to be regarded as an admission of liability for the purposes of, nor is in any way to affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.(5) The regulations:(a) may prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and(b) may prescribe the penalty payable for the offence if dealt with under this section, and(c) may prescribe different penalties for different offences or classes of offences.(6) The penalty prescribed for an offence is not to exceed the maximum penalty provided by this Act or the regulations with respect to the offence.(7) This section does not limit the operation of this or any other Act in relation to proceedings that may be taken in respect of offences.
244 Liability of owner of vehicle for certain driving offences
(1) This section applies to any offence against this Act or the regulations:(a) that arises from a failure or refusal to pay any toll or charge (including a private toll or charge) in respect of vehicles using any tollway, bridge, tunnel or road-ferry, or(b) that arises from the driving, using, standing, waiting or parking of a vehicle and that is prescribed by the regulations for the purposes of this section,in this section referred to as a driving offence.(2) The owner of a vehicle with respect to which a driving offence is committed is, by virtue of this section, guilty of the offence as if the person were the actual offender, unless:(a) if the offence is dealt with by penalty notice, the owner satisfies an authorised officer that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used, or(b) in any other case, the court is satisfied that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used.(3) Nothing in this section affects the liability of an actual offender in respect of a driving offence but, if a penalty has been imposed on, or recovered from, any person in relation to a driving offence, no further penalty can be imposed on or recovered from any other person in relation to the offence.(4) The owner of a vehicle is not, by virtue of this section, guilty of an offence if, where the offence is dealt with by penalty notice:(a) within 21 days after service on the owner of the penalty notice in respect of the offence, the owner gives notice to the authorised officer (verified by statutory declaration) of the name and address of the person who was at all relevant times in charge of the vehicle, or(b) the owner satisfies the authorised officer that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.(5) The owner of a vehicle is not, by virtue of this section, guilty of an offence if, in any other case:(a) within 21 days after service on the owner of a summons in respect of the offence, the owner gives notice to the informant (verified by statutory declaration) of the name and address of the person who was at all relevant times in charge of the vehicle, or(b) the owner satisfies the court that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.(6) If a statutory declaration supplying the name and address of a person for the purposes of this section is produced in any proceedings against the person in respect of the driving offence to which the declaration relates, the declaration is evidence that the person was, at all relevant times relating to that offence, in charge of the vehicle involved in the offence.(7) A statutory declaration that relates to more than one driving offence is taken not to be a statutory declaration supplying a name and address for the purposes of subsection (6).(8) This section does not limit any other provision of this Act, any provision of any other Act or any provision of any instrument in force under this or any other Act.(9) If action is taken under Part 5.3 of the Road Transport (General) Act 2005 in relation to an offence to which this section applies:(a) a reference in this section to a penalty notice is taken to be a reference to a penalty notice under that Division, and(b) a reference in this section to an owner of a vehicle is a reference to a responsible person for a vehicle within the meaning of that Act, and(c) a reference in this section to an authorised officer is a reference to an authorised officer within the meaning of that Division.
245 Directors and managers etc liable for offences committed by corporations
(1) If a corporation contravenes a provision of this Act or the regulations, each person who:(a) is a director of the corporation, or(b) is concerned in the management of the corporation,is to be treated as having contravened the same provision if the person knowingly authorised or permitted the contravention.(2) A person may, under this section, be proceeded against and convicted for a contravention of a provision of this Act or the regulations whether or not the corporation has been proceeded against or convicted for a contravention of the same provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the regulations.
246 Rectification of damage etc
(1) A roads authority may:(a) before or after or instead of prosecuting a person for a contravention of this Act or the regulations, and(b) after having given the person reasonable notice of its intention to do so,take such action as is necessary to rectify the contravention.(2) The costs incurred by the roads authority in taking any such action are recoverable from the person, as a debt, in a court of competent jurisdiction.
Any money that is owed to a roads authority under this Act may be recovered by the roads authority, as a debt, in a court of competent jurisdiction.
Division 6 Evidentiary provisions
(1) A certificate that is issued on behalf of a roads authority by a person prescribed by the regulations, or by a person belonging to a class of persons so prescribed, being a certificate that states that on a date or during a period specified in the certificate:(a) a specified road was or was not of a specified classification, or(b) the boundaries or levels of a specified road were as specified in the certificate, or(c) a specified person was or was not an authorised officer for that authority for the purposes of this Act and the regulations or for the purposes of a specified provision of this Act or the regulations, or(d) a specified toll or charge was in force with respect to a specified tollway, bridge, tunnel or road-ferry, or(e) a specified part of a footway was or was not the subject of a specified approval for a footway restaurant, or(f) a specified gate was or was not the subject of a public gate permit, or(g) a specified work or structure was or was not the subject of a consent given, extended or transferred by the roads authority, or(g1) a specified structure in, on or over a specified road was or was not the subject of a specified consent referred to in section 139A, or(h) a specified activity was or was not the subject of a road event permit with respect to a specified public road, or(i) a specified notice was or was not erected in a specified location, or(j) a specified vehicle was or was not the subject of a specified excess weight permit, or(k) a specified vehicle was measured as having had a specified laden or unladen weight or as having had a load of a specified weight, or(l) a specified part of a vehicle or a specified part of a vehicle’s load was measured as having had a specified weight,is admissible in any legal proceedings and is evidence of the fact or facts so stated.(2) A certificate that is issued on behalf of a roads authority by a person prescribed by the regulations, or by a person belonging to a class of persons so prescribed, being a certificate that states that:(a) a specified amount represents the costs incurred by the roads authority in carrying out specified work or in taking any specified action, or(b) a specified amount represents the costs incurred by the roads authority in relation to the exercise by an authorised officer of a function under Division 2,is admissible in any legal proceedings and is evidence of the fact or facts so stated.(3) A certificate that is issued by an inspector within the meaning of the Trade Measurement Administration Act 1989, or by the holder of a servicing licence within the meaning of the Trade Measurement Act 1989, being a certificate that states that on a date specified in the certificate a specified weighing device was tested and was found to measure accurately (or accurately within specified tolerances), is admissible in any legal proceedings and 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.(4) A copy of any record, map or plan kept by the RTA, by a roads authority or by any other public authority for the purposes of this Act, being a copy that is certified by a person prescribed by the regulations, or by a person belonging to a class of persons so prescribed, as being a true copy of the record, map or plan, is admissible in any legal proceedings and is evidence of the matter or matters contained in the record, map or plan.
249 Evidence as to whether a place is a public road
(1) Evidence that a place is or forms part of a thoroughfare in the nature of a road, and is so used by the public, is admissible in any legal proceedings and is evidence that the place is or forms part of a public road.(2) This section is subject to section 178 of the Conveyancing Act 1919 (No way by user against Crown etc).
250 Presumption of validity of orders and notices
Section 45 of the Interpretation Act 1987 applies to any order or notice published in the Gazette in accordance with this Act in the same way as it applies to instruments made by the Governor.
250A Approved camera recording devices—toll offences
(1) In this section:approved toll camera means a digital camera of a type approved by the Governor by order published in the Gazette as being designed to take a photograph of a vehicle that is driven in contravention of a requirement to pay a toll and to record on the photograph:
(a) the date on which the photograph is taken, and(b) the time and location at which the photograph is taken, and(c) the direction in which the vehicle activating the camera is travelling, and(d) such information with respect to the failure to pay a toll payable in connection with the driving of the vehicle at that time and location as may be prescribed by the regulations.authorised person means a person authorised by the RTA to install and inspect approved toll cameras.
digital camera means a camera recording device that is capable of recording images in a digitalised format.
photograph includes a digitalised, electronic or computer generated image in a form approved by the RTA.
toll includes a charge or a private toll or charge.
toll offence means an offence under the regulations of failing or refusing to pay a toll.
(2) In proceedings for a toll offence:(a) a photograph tendered in evidence as a photograph taken by means of the operation, on a day specified on the photograph, of an approved toll camera installed at a location specified on the photograph, and as bearing a security indicator of a kind prescribed by the regulations, is admissible and is to be presumed:(i) to have been so taken unless evidence sufficient to raise doubt that it was so taken is adduced, and(ii) to bear such a security indicator unless evidence sufficient to raise doubt that it does so is adduced, and(b) evidence that a photograph tendered in evidence bears a security indicator of a kind prescribed by the regulations is prima facie evidence that the photograph has not been altered since it was taken, and(c) any such photograph is prima facie evidence of the matters shown or recorded on the photograph.(3) When a photograph referred to in subsection (2) is tendered in evidence in proceedings for a toll offence, a certificate purporting to be signed by an authorised person and certifying the following particulars is also to be tendered in evidence and is admissible and is prima facie evidence of those particulars:(a) that the person is an authorised person,(b) that within 30 days (or such other period as may be prescribed by the regulations) before the day recorded on the photograph as the day on which the photograph was taken, the person carried out the inspection specified in the certificate on the approved toll camera that took the photograph,(c) that on that inspection the approved toll camera was found to be operating correctly.(4) A person who acquires information in the exercise of functions in connection with the use or operation of an approved toll camera must not directly or indirectly make a record of or make use of the information or divulge it to another person, except in the exercise of functions:(a) in connection with the payment and collection of tolls, or such other functions with respect to tolls as may be prescribed by the regulations, or(b) in connection with the enforcement of a provision of this Act or the regulations under this Act.Maximum penalty: 50 penalty units.
(5) Subsection (4) does not apply to the divulging of information by an officer of the RTA or a person exercising functions on behalf of or otherwise acting under the authority of the RTA, or to the divulging of information, in accordance with any protocol approved by the Privacy Commissioner, to any of the following:(a) the Independent Commission Against Corruption,(b) the Australian Crime Commission,(c) the New South Wales Crime Commission,(d) the Ombudsman,(e) any other person prescribed for the purpose of this paragraph.(6) If a certificate under subsection (3) is tendered in proceedings for an offence, evidence:(a) of the accuracy or reliability of the approved toll camera, or(b) as to whether or not the camera operated correctly or operates correctly (generally or at a particular time or date or during a particular period),is not required in those proceedings unless evidence sufficient to raise doubt that, at the time of the alleged offence, the camera was accurate, reliable and operating correctly is adduced.(7) For the purposes of this section, an assertion that contradicts or challenges:(a) the accuracy or reliability, or the correct or proper operation, of an approved toll camera, or(b) the accuracy or reliability of information (including a photograph) derived from such a camera,is capable of being sufficient to rebut prima facie evidence or a presumption, or to raise doubt about a matter, only if it is evidence adduced from a person who has relevant specialised knowledge (based wholly or substantially on the person’s training, study or experience).