139 Application of Division 2A of Part 5 of the Act
(cf MTR, r 123B)
For the purposes of section 69B (1) of the Act, the following vehicles are prescribed as vehicles to which Division 2A of Part 5 of the Act applies:(a) a motor lorry or bus manufactured on or after 1 January 1988 (but not a motor lorry or bus to which Part 9 of Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007 applies), being:(i) a motor lorry having a GVM exceeding 15 tonnes, or(ii) a bus used to provide a public passenger service and having a GVM exceeding 14.5 tonnes, and(b) a motor lorry or bus manufactured on or after 1 January 1991, being:(i) a motor lorry having a GVM exceeding 12 tonnes, or(ii) a bus used to provide a public passenger service and having a GVM exceeding 5 tonnes.
(cf MTR, r 123D)
(1) For the purposes of Division 2A of Part 5 of the Act, the manner of limiting the speed of a vehicle is:(a) in the case of a vehicle manufactured on or after 1 January 1989—the manner prescribed by the third edition ADR in respect of vehicles of that type, and(b) in the case of a vehicle to which Part 9 of Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007 applies—the manner prescribed in that Part, and(c) in any other case—the manner prescribed by an order made by the Authority and published in the Gazette.(2) The requirements imposed by an order under subclause (1) (c) are not to be more onerous than the requirements of any Vehicle Safety Bulletin issued by the Commonwealth Office of Road Safety.(3) An order that, that immediately before the repeal of the Motor Traffic Regulations 1935, had effect under Regulation 123D of those Regulations is taken to have effect under this clause.
(cf MTR, r 123E)
(1) The Authority or a police officer may serve a notice under this clause on the responsible person for a vehicle to which Division 2A of Part 5 of the Act applies if the Authority or police officer has reason to believe that the vehicle is capable of being driven at a speed exceeding 105 km/hr.(2) If:(a) a driver of any vehicle to which Division 2A of Part 5 of the Act applies has been convicted of an offence arising out of a contravention of clause 38 while driving the vehicle and it was found by the court that, at the time of the offence, the driver was driving the vehicle at the speed exceeding 105 km/h, or(b) a driver of any vehicle to which Division 2A of Part 5 of the Act applies has paid a penalty prescribed for the purposes of section 183 of the Road Transport (General) Act 2005 in respect of an alleged offence so arising and the police officer or authorised officer who issued the relevant penalty notice indicated on the notice that, at the time of the alleged offence, the driver was driving the vehicle at a speed exceeding 105 km/h, or(c) a penalty notice enforcement order under the Fines Act 1996 has been made, or is taken to have been made, against a driver of any vehicle to which Division 2A of Part 5 of the Act applies in respect of an alleged offence so arising and the police officer or authorised officer who issued the relevant penalty notice indicated on the notice that, at the time of the alleged offence, the driver was driving the vehicle at a speed exceeding 105 km/h,the Authority or a police officer may serve a notice under this clause on the person who, at the time of the offence or alleged offence concerned, was the responsible person for the vehicle.(3) A notice under this clause may:(a) require alterations to be made to the vehicle by the responsible person on whom the notice was served so that the speed at which it is capable of being driven is limited, in the manner prescribed for the purposes of Division 2A of Part 5 of the Act, to not more than 100 km/h, and(b) require the responsible person on whom the notice was served to supply such information concerning any such alterations made to the vehicle as the notice indicates, and(c) require the responsible person on whom the notice was served to have the vehicle tested to determine whether the vehicle’s speed is limited in accordance with Division 2A of Part 5 of the Act and to provide a certificate to that effect in the manner and form specified in the notice.
(cf MTR, r 123F)
(1) The Authority may:(a) by order published in the Gazette or in a newspaper circulating in New South Wales, or(b) by notice in writing signed by the Chief Executive of the Authority, or by another person authorised in writing by the Authority, and served on the person who is, or whose vehicle is, to be exempted,exempt persons or vehicles from any specified provision or provisions of this Part.(2) The exemption may be unconditional or may be conditional on the observance of conditions specified in the notice of exemption.(3) If an exemption is conditional on the observance of specified conditions, the exemption ceases to have effect as soon as there is a failure to observe the conditions.(4) An exemption granted in the manner provided by subclause (1) (b) may in the same manner be rescinded.Note. In relation to clause 143 (1) (a), section 43 (2) of the Interpretation Act 1987 provides that if an Act or statutory rule confers a power on any person or body to make an order (whether or not the order must be in writing), the power includes power to amend or repeal any order made in the exercise of that power.