353–2   NSW rule: savings and transitional provisions

(1)  The former road rules are:

(a)  the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 as in force immediately before the commencement of these Rules (the former Regulation), and

(b)  the Australian Road Rules, as incorporated into the law of New South Wales by clause 6 of the former Regulation, immediately before the commencement of these Rules (the 1999 ARR).

(2)  Any act, matter or thing that, immediately before the commencement of these Rules, had effect under a provision of the former road rules continues to have effect under these Rules in relation to any provision of these Rules that corresponds (or substantially corresponds) with the provision in the former road rules.

(3)  Without limiting subrule (2), any notice, declaration, exemption, approval, authorisation, appointment or permission given or made by a relevant person that was in force or in effect under a provision of the former road rules (the former provision) continues in force or in effect (subject to any relevant conditions to which it was subject) under the provision (if any) of these Rules that corresponds (or substantially corresponds) with the former provision until it is repealed, revoked or replaced by the relevant person in the same manner as it was given or made.

Examples. The following Tables give examples of notices, declarations, exemptions, approvals, authorisations, appointments and permissions under provisions of the former road rules that continue in force or in effect for the purposes of corresponding provisions of these Rules.

Table 1 Corresponding provisions for 1999 ARR

Provision of 1999 ARR	Corresponding provision of these Rules
Definition of approved child restraint, rule 266 (7) of the 1999 ARR (read with the definition of approved child restraint in Part 2 of the Dictionary of the former Regulation)	Definition of approved child restraint, rule 266 (7)
Paragraph (b) of definition of enclosed, rule 268 (7) of the 1999 ARR	Paragraph (b) of definition of enclosed, rule 268 (7)
Definition of approved motor bike helmet, rule 270 (3) of the 1999 ARR (read with the definition of approved motor bike helmet in Part 2 of the Dictionary of the former Regulation)	Definition of approved motor bike helmet, rule 270 (3)
Definition of approved bicycle helmet, dictionary of the 1999 ARR (read with the definition of approved bicycle helmet in Part 2 of the Dictionary of the former Regulation)	Definition of approved bicycle helmet, Dictionary
Definition of authorised person, dictionary of the 1999 ARR (read with paragraph (b) of the definition of authorised person in Part 2 of the Dictionary of the former Regulation)	Paragraph (b) of definition of authorised person, Dictionary

Table 2 Corresponding provisions for former Regulation

Provision of former Regulation	Corresponding provision of these Rules
Clause 22A of the former Regulation	Rule 213–1
Clause 28 (2) of the former Regulation	Rule 268–1
Clause 29 (1) of the former Regulation	Rule 271 (6)
Paragraph (b) of the definition of enclosed, clause 45 (4) of the former Regulation	Paragraph (b) of the definition of enclosed, rule 268–3 (3)
Clause 46 (2) of the former Regulation	Rule 267–2 (2)
Clause 47C (4) of the former Regulation	Rule 267–1 (4)
Clause 48 (1) of the former Regulation	Rule 294–1 (1)
Clause 49 (3) (a) of the former Regulation	Rule 294–2 (3) (a)
Clause 50 (1) (c) (i) of the former Regulation	Rule 294–3 (1) (c) (i)
Clause 50 (3) (a) of the former Regulation	Rule 294–3 (3) (a)
Clause 50 (3) (b) of the former Regulation	Rule 294–3 (3) (b)
Clause 87 (2) of the former Regulation	Rule 300–3 (1)
Clause 83 (1) of the former Regulation	Rule 250–1 (1)
Definition of authorised T-Way vehicle, clause 96B (8) of the former Regulation	Definition of authorised T-Way vehicle, rule 157–1 (4)
Paragraph (d) of the definition of emergency vehicle in Part 1 of the Dictionary of the former Regulation and paragraph (d) of the definition of emergency worker in Part 2 of that Dictionary	Paragraph (c) of the definition of emergency worker in the Dictionary

(4)  A certificate that had effect for the purposes of clause 27 (1) of the former Regulation immediately before the commencement of these Rules continues to have effect as a certificate for the purposes of rule 267 (3A) for the period of 6 months after that commencement, unless the certificate:

(a)  provides for its expiry before the end of that period, or

(b)  belongs to a class of certificates that is the subject of an exemption under rule 267 (3A–1).

(5)  In this rule:

relevant person means the Minister, the Commissioner of Police or the Authority.

Note 1. Authority is defined in the Act.

Note 2. This rule is an additional NSW rule. There is no corresponding rule in the Australian Road Rules.