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Contents (2014 - 758)
Road Rules 2014
Current version for 8 September 2018 to date (accessed 20 September 2018 at 19:12)
Part 1
Part 1 Introductory
Division 1 General
1   Name of Rules
These Rules are the Road Rules 2014.
2   Commencement
These Rules commence on 1 December 2014.
3   Objects of these Rules
The objects of these Rules are:
(a)  to consolidate in a single instrument the road rules that are applicable in New South Wales, and
(b)  to provide for road rules that are based on the Australian Road Rules so as to ensure that the road rules applicable in this State are substantially uniform with road rules applicable elsewhere in Australia, and
(c)  to provide for other road rules to be observed in this State in relation to matters that are not otherwise dealt with in the Australian Road Rules.
Note.
 This rule is not uniform with the corresponding rule 3 of the Australian Road Rules.
Division 2 Some features of these Rules
4   Definitions—the Dictionary etc
(1)  The Dictionary at the end of these Rules defines certain words and expressions, and includes references to certain words and expressions defined elsewhere in these Rules (signpost definitions).
Example.
 The signpost definition “road related area—see rule 13” means that the expression road related area is defined in rule 13 of these Rules.
Note.
 The Dictionary only includes a signpost definition for a word or expression if the word or expression is used in 2 or more rules of these Rules.
(2)  The Dictionary is part of these Rules.
(3)  A definition in these Rules applies to each use of the word or expression in these Rules, unless the contrary intention appears.
(3–1)  If a word or expression used in a provision of these Rules is defined in the Act, it has the same meaning as in the Act, unless the word or expression is defined in these Rules for the purposes of the provision or these Rules generally.
Note 1.
 The Act is defined in the Dictionary. A number of words or expressions used in these Rules are also defined in the Act.
Note 2.
 This subrule is an additional NSW subrule. There is no corresponding subrule in rule 4 of the Australian Road Rules.
5   Diagrams
A diagram in these Rules is part of these Rules.
Note 1.
 If a diagram of a traffic control device, traffic-related item or symbol is in black and white in a rule of these Rules, the diagram may be a black and white version of the device, item or symbol—see rule 314. If so, the colour version of the device, item or symbol will be in Schedule 2, 3 or 4.
Note 2.
 A diagram may be an example—see rule 6 (1).
6   Examples
(1)  An example (whether or not in the form of a diagram) in these Rules is part of these Rules.
(2)  If these Rules include an example of the operation of a provision of these Rules:
(a)  the example is not exhaustive, and
(b)  the example does not limit, but may extend, the meaning of the provision.
7   Australian Road Rule not reproduced
*     *     *     *     *
Note.
 Rule 7 (Headings) of the Australian Road Rules has not been reproduced in these Rules because section 35 of the Interpretation Act 1987 makes provision for the status of headings in legislation of this jurisdiction.
8   Notes
A note in these Rules is explanatory and is not part of these Rules.
9   Australian Road Rule not reproduced
*     *     *     *     *
Note.
 Rule 9 (Reader’s Guide) of the Australian Road Rules has not been reproduced in these Rules because the Reader’s Guide to which that rule refers has not been included in these Rules. This rule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.
10   Australian Road Rule not reproduced
*     *     *     *     *
Note 1.
 Rule 10 (Offences) of the Australian Road Rules has not been reproduced in these Rules because it is unnecessary. This rule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.
Note 2.
 These Rules indicate whether a contravention of a rule is an offence by the use of the words “penalty” or “maximum penalty” as appropriate—see rule 10–1 (4) and sections 17 (Penalty units) and 18 (Interpretation of provisions imposing penalties) of the Crimes (Sentencing Procedure) Act 1999.
10–1   NSW rule: determination of criminal responsibility
(1) Application of Commonwealth Criminal Code Subject to this rule, Chapter 2 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth (the Commonwealth Criminal Code) applies to an offence against these Rules as if the Chapter were in force as a law of New South Wales.
Note.
 Chapter 2 of the Commonwealth Criminal Code codifies the general principles of criminal responsibility.
(2) Offences are strict liability offences An offence against these Rules is a strict liability offence for the purposes of Chapter 2 of the Commonwealth Criminal Code (as applied by subrule (1)), except where these Rules expressly provide otherwise.
(3) General defence of accident or reasonable effort Without limiting any defence under Chapter 2 of the Commonwealth Criminal Code (as applied by subrule (1)), a person is not liable to a penalty for any offence under these Rules if the person proves to the satisfaction of the court dealing with the case that the offence:
(a)  was the result of an accident, or
(b)  could not have been avoided by any reasonable efforts on the person’s part.
(4) Operation of Crimes (Sentencing Procedure) Act 1999 not affected Nothing in these Rules affects the application of the Crimes (Sentencing Procedure) Act 1999 in relation to these Rules (particularly, Divisions 4 and 5 of Part 2 of that Act).
Note 1.
 Divisions 4 and 5 of Part 2 of the Crimes (Sentencing Procedure) Act 1999 contain provisions relating to how offence provisions are to be interpreted. For instance, section 17 of that Act defines the amount of a penalty unit. Similarly, section 18 of that Act sets out rules for interpreting provisions in legislation that impose penalties.
Note 2.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules. However, it is intended that each Australian jurisdiction that adopts the Australian Road Rules is to apply the provisions of the Commonwealth Criminal Code to offences against the uniform rules.
10–2   NSW rule: penalties and disqualifications for speeding offences
(1) Definitions In this rule:
heavy motor vehicle means:
(a)  a motor vehicle with a GVM over 12 tonnes, or
(b)  a motor vehicle and trailer combination with a GCM over 12 tonnes.
large motor vehicle means:
(a)  a coach, or
(b)  a motor vehicle with a GVM over 4.5 tonnes, or
(c)  a motor vehicle and trailer combination with a GCM over 4.5 tonnes.
speed limit, in relation to a speeding offence, means the speed limit that was contravened in committing the offence.
speeding offence means an offence under Part 3 (Speed limits).
Note.
 Motor vehicle, combination and trailer are defined in the Dictionary, and coach, GCM and GVM are defined in the Act.
(2) Penalties and disqualifications for speeding offence A driver who commits a speeding offence in any of the circumstances referred to in subrule (3), (5) or (6) is:
(a)  liable to the maximum penalty specified in this rule for an offence committed in those circumstances, and
(b)  disqualified from holding a driver licence for the period specified in this rule for an offence committed in those circumstances.
Note.
 Driver licence is defined in the Act.
(3) Exceeding speed limit by more than 45 kilometres per hour A driver who commits a speeding offence by exceeding a speed limit by more than 45 kilometres per hour:
(a)  is liable to a maximum penalty of 50 penalty units (in the case of a heavy motor vehicle or coach) or 30 penalty units (in any other case), and
(b)  is disqualified from holding a driver licence by a conviction for the offence (and without any specific order) for 6 months or, if the court on the conviction thinks fit to order a different period of disqualification determined in accordance with subrule (4), is disqualified for the period specified in the order.
Note.
 Coach is defined in the Act.
(4) Court-ordered disqualification periods under subrule (3) In determining a different period of disqualification under subrule (3) for a driver who commits a speeding offence, the court may specify a period that is:
(a)  more than 6 months, or
(b)  less than 6 months, but only if:
(i)  the person’s driver licence or authority to drive in New South Wales has been suspended for a period (the suspension period) under Division 4 of Part 7.4 of the Act for that offence, and
(ii)  the specified disqualification period when added to the suspension period results in a total period of no less than 6 months.
(5) Exceeding speed limit by more than 30 kilometres per hour A driver who commits a speeding offence by exceeding a speed limit by more than 30 kilometres per hour:
(a)  is liable to a maximum penalty of 20 penalty units, and
(b)  is disqualified from holding a driver licence by a conviction for the offence (and without any specific order) for 3 months or, if the court on the conviction thinks fit to order a longer period of disqualification, is disqualified for the period specified in the order.
(6) Exceeding speed limit on road by 30 kilometres per hour or less A driver who commits a speeding offence by exceeding a speed limit by 30 kilometres per hour or less is liable to a maximum penalty of 20 penalty units.
(7) Alternative verdicts in prosecutions for speeding by more than 45 kilometres per hour If a driver is prosecuted under subrule (3) for a speeding offence in circumstances where the court:
(a)  is satisfied that the person exceeded the relevant speed limit, but
(b)  is not satisfied that it was exceeded by more than 45 kilometres per hour,
the court may instead convict the driver of an offence in accordance with subrule (5) if satisfied that the speed limit was exceeded by more than 30 kilometres per hour, or in accordance with subrule (6) if satisfied that the speed limit was exceeded by 30 kilometres per hour or less.
(8) Alternative verdicts in prosecutions for speeding by more than 30 kilometres per hour If a driver is prosecuted under subrule (5) for a speeding offence in circumstances where the court:
(a)  is satisfied that the person exceeded the relevant speed limit, but
(b)  is not satisfied that the speed limit was exceeded by more than 30 kilometres per hour,
the court may instead convict the driver of an offence in accordance with subrule (6).
(9) Disqualification period commences on date of conviction A period of disqualification imposed by or under this rule commences on the date of conviction for the offence to which it relates.
Note.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules. However, the Australian Road Rules allow another law of this jurisdiction to make provision for penalties.