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Contents (2014 - 758)
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Road Rules 2014
Current version for 5 July 2019 to date (accessed 17 September 2019 at 19:24)
Part 18
Part 18 Miscellaneous road rules
Division 1 Miscellaneous rules for drivers
287   Duties of a driver involved in a crash
(1)  A driver involved in a crash must comply with this rule.
Maximum penalty: 20 penalty units.
Note 1.
 Crash is defined in the Dictionary.
Note 2.
 The law of this jurisdiction also requires a driver involved in a crash to stop and give assistance to anyone who is injured.
(2)  The driver must stop at the scene of the crash and give the driver’s required particulars, within the required time and, if practicable, at the scene of the crash, to:
(a)  any other driver (or that driver’s representative) involved in the crash, and
(b)  any other person involved in the crash who is injured, or the person’s representative, and
(c)  the owner of any property (including any vehicle) damaged in the crash (or the owner’s representative), unless, in the case of damage to a vehicle, the particulars are given to the driver of the vehicle (or the driver’s representative).
(3)  The driver must also give the driver’s required particulars, within the required time, to a police officer if:
(a)  anyone is killed or injured in the crash, or
(b)  the driver does not, for any reason, give the driver’s required particulars to each person mentioned in subrule (2), or
(c)  the required particulars for any other driver involved in the crash are not given to the driver, or
(d)  a vehicle involved in the crash is towed or carried away by another vehicle (except if another law of this jurisdiction provides that the crash is not required to be reported), or
(e)  the police officer asks for any of the required particulars.
Note 1.
 Police officer is defined in the Dictionary.
Note 2.
 Subrule (3) (e) is not uniform with the corresponding paragraph in rule 287 of the Australian Road Rules. However, the corresponding paragraph in the Australian Road Rules allows the required particulars to be given if another law of this jurisdiction requires a particular crash to be reported to a police officer. Different rules may apply in other Australian jurisdictions.
(4)  For this rule:
required particulars, for a driver involved in a crash, means:
(a)  the driver’s name and address, and
(b)  the name and address of the owner of the driver’s vehicle, and
(c)  the vehicle’s registration number (if any), and
(d)  any other information necessary to identify the vehicle,
and, for subrule (3), includes an explanation of the circumstances of the crash.
Note 1.
 
Driver’s vehicle is defined in the Dictionary.
Note 2.
 This definition is not uniform with the corresponding definition in rule 287 of the Australian Road Rules. However, the corresponding definition in the Australian Road Rules allows the additional information to be provided to a police officer for the purposes of subrule (3) if another law of this jurisdiction requires the information to be given. Different definitions may apply in other Australian jurisdictions.
required time, for a driver involved in a crash, means as soon as possible but, except in exceptional circumstances, within 24 hours after the crash.
288   Driving on a path
(1)  A driver (except the rider of a bicycle) must not drive on a path, unless subrule (2) or (3) applies to the driver.
Maximum penalty: 20 penalty units.
Note.
 Bicycle is defined in the Dictionary, and path is defined in subrule (6).
(2)  A driver may drive on a path if the driver is:
(a)  driving on a part of the path indicated by information on or with a traffic control device as a part where vehicles may drive, or
(b)  driving on the path to enter or leave, by the shortest practicable route, a road related area or adjacent land and there is not a part of the path indicated by information on or with a traffic control device as a part where vehicles may drive, or
(c)  permitted to drive on the path under another law of this jurisdiction.
Note.
 Adjacent land, traffic control device and with are defined in the Dictionary, and road related area is defined in rule 13.
(3)  A driver may drive a motorised wheelchair on a path if:
(a)  the unladen mass of the wheelchair is not over 110 kilograms, and
(b)  the wheelchair cannot travel above 10 kilometres per hour, and
(c)  because of the driver’s physical condition, the driver has a reasonable need to use a wheelchair.
Note.
 Wheelchair is defined in the Dictionary.
(4)  A driver on a path (except the rider of a bicycle, or a driver driving on the path to enter a road from a road related area or adjacent land, or to enter a road related area or adjacent land from a road) must give way to all other road users, and to animals, on the path.
Maximum penalty: 20 penalty units.
Note 1.
 Road user is defined in rule 14.
Note 2.
 For this subrule, give way means the driver must slow down and, if necessary, stop to avoid a collision—see the definition in the Dictionary.
Note 3.
 Rules 74 and 75 deal with drivers giving way when crossing a footpath or other path to enter or leave a road related area or adjacent land.
Note 4.
 Rules 249 to 251 deal with bicycle riders riding on footpaths, separated paths and shared paths.
(5)  This rule does not apply to the rider of an animal riding the animal on a footpath.
Note 1.
 Footpath is defined in the Dictionary.
Note 2.
 The rider of an animal on a footpath must give way to a pedestrian on the path—see rule 302.
(5A)  This rule does not apply to the rider of a motor bike (with or without a trailer attached) that is a postal vehicle if:
(a)  the rider gives way to pedestrians and other vehicles and takes reasonable precautions to avoid collision or danger or obstruction to any person or thing on or next to the path, and
(b)  the rider does not exceed 10 kilometres per hour, and
(c)  the motor bike has an engine capacity not exceeding 125 cc.
Note.
 Motor bike and postal vehicle are defined in the Dictionary.
(6)  In this rule:
path means a bicycle path, footpath or shared path.
Note.
 Bicycle path is defined in rule 239, footpath is defined in the Dictionary and shared path is defined in rule 242.
289   Driving on a nature strip
(1)  A driver must not drive on a nature strip adjacent to a length of road in a built-up area, unless the driver is:
(a)  entering or leaving, by the shortest practicable route, an area on the nature strip indicated by information on or with a traffic control device as an area where vehicles may drive, or
(b)  driving on a part of the nature strip indicated by information on or with a traffic control device as a part where vehicles may drive, or
(c)  driving on the nature strip to enter or leave, by the shortest practicable route, a road related area or adjacent land and there is not a part of the nature strip indicated by information on or with a traffic control device as a part where vehicles may drive, or
(d)  riding a bicycle or animal, and there is not another law of this jurisdiction prohibiting the rider from riding a bicycle or animal on the nature strip, or
(e)  driving a ride-on lawnmower that is cutting grass on the nature strip, or
(f)  driving a motorised wheelchair, or
(g)  driving any of the following vehicles:
(i)  a motor vehicle (other than a ride-on lawnmower) that is constructed and used solely for cutting grass, or for purposes incidental to cutting grass,
(ii)  a motor vehicle that is designed for the purposes of cleaning a footpath, is being driven on the nature strip for that purpose and is displaying an amber flashing signal by means of a light or lights mounted on the top of the vehicle,
(iii)  a vehicle that is being used for the carriage of goods or materials for use in (or for the purposes of) the construction or maintenance of roads by or on behalf of the Authority.
Maximum penalty: 20 penalty units.
Note 1.
 Adjacent land, bicycle, built-up area, length of road, nature strip, traffic control device, wheelchair and with are defined in the Dictionary, road related area is defined in rule 13, and Authority is defined in the Act.
Note 2.
 Subrule (1) (g) is not uniform with the corresponding paragraph in rule 289 of the Australian Road Rules. However, the corresponding paragraph in the Australian Road Rules allows another law of this jurisdiction to permit a driver to drive on a nature strip adjacent to a length of road in a built-up area. Different rules may apply in other Australian jurisdictions.
(2)  A driver driving on a nature strip (except the rider of an animal, or a driver driving on the nature strip to enter a road from a road related area or adjacent land, or to enter a road related area or adjacent land from a road) must give way to all other road users, and to animals, on the nature strip.
Maximum penalty: 20 penalty units.
Note 1.
 Road user is defined in the Dictionary.
Note 2.
 For subrule (2), give way means the driver must slow down and, if necessary, stop to avoid a collision—see the definition in the Dictionary.
Note 3.
 Rules 74 and 75 deal with drivers giving way when crossing a nature strip adjacent to a road to enter or leave a road related area or adjacent land.
Note 4.
 The rider of an animal on a nature strip must give way to any pedestrian on the nature strip—see rule 302.
(3)  This rule does not apply to the rider of a motor bike (with or without a trailer attached) that is a postal vehicle if:
(a)  the rider gives way to pedestrians and other vehicles and takes reasonable precautions to avoid collision or danger or obstruction to any person or thing on or next to the nature strip, and
(b)  the rider does not exceed 10 kilometres per hour, and
(c)  the motor bike has an engine capacity not exceeding 125 cc.
Note.
 Motor bike and postal vehicle are defined in the Dictionary.
290   Driving on a traffic island
A driver must not drive on a traffic island (except the central traffic island in a roundabout), unless:
(a)  the traffic island is designed to allow vehicles to be driven on it, or
(b)  the driver is permitted to drive on the traffic island under another law of this jurisdiction.
Maximum penalty: 20 penalty units.
Note 1.
 Roundabout is defined in rule 109, and traffic island is defined in the Dictionary.
Note 2.
 A driver must drive to the left of the central traffic island in a roundabout except in certain circumstances—see rule 115.
291   Making unnecessary noise or smoke
A person must not start a vehicle, or drive a vehicle, in a way that makes unnecessary noise or smoke.
Maximum penalty: 20 penalty units.
Example.
 Causing the wheels of the driver’s vehicle to lose traction and spin on the road surface may make unnecessary noise or smoke.
Note.
 Other laws of this jurisdiction also deal with vehicles and equipment that make noise or smoke.
291–1   NSW rule: engine of stationary vehicle to be switched off to prevent noise
(1)  The driver of a vehicle that is stationary must switch off the vehicle’s engine so far as may be necessary for the prevention of noise.
Maximum penalty: 20 penalty units.
(2)  Subrule (1) does not apply to an enforced stoppage owing to the necessities of traffic or so as to prevent the examination of any machinery of the motor vehicle if the examination is necessary by any failure or derangement of the machinery.
Note 1.
 Traffic is defined in the Dictionary, and vehicle is defined in rule 15.
Note 2.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
291–2   NSW rule: use of vehicle that drops waste oil or grease
The driver of a motor vehicle or trailer must not drive the vehicle without adequate precautions being taken to prevent waste oil or grease from the machinery, or from any other part, of the vehicle from dropping on the roadway.
Maximum penalty: 20 penalty units.
Note 1.
 Motor vehicle and trailer are defined in the Dictionary.
Note 2.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
291–3   NSW rule: splashing mud on bus passengers
A driver must take due care, by slowing down or stopping the driver’s vehicle if necessary, not to splash mud on:
(a)  any person in or on a bus, or
(b)  any person entering or leaving any stationary bus, or
(c)  any person waiting at any bus stop,
if the bus concerned is being used to provide a public passenger service or the bus stop concerned is a stop relating to buses used for that purpose.
Maximum penalty: 20 penalty units.
Note 1.
 Bus, driver’s vehicle and public passenger service are defined in the Dictionary.
Note 2.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
292   Insecure or overhanging load
A driver must not drive or tow a vehicle if the vehicle is carrying a load that:
(a)  is not properly secured to the vehicle, or
(b)  is placed on the vehicle in a way that causes the vehicle to be unstable, or
(c)  projects from the vehicle in a way that is likely to injure a person, obstruct the path of other drivers or pedestrians, or damage a vehicle or anything else (for example, the road surface).
Maximum penalty: 20 penalty units.
Note.
 Other laws of this jurisdiction may deal with the loading of vehicles and carrying loads on vehicles.
293   Removing fallen etc things from the road
(1)  This rule applies to a driver if:
(a)  something falls onto the road from the driver’s vehicle, or the driver, or a passenger in or on the driver’s vehicle, puts something on the road, and
(b)  there is a possibility that the thing, if left on the road, may injure a person, obstruct the path of other drivers or pedestrians, or damage a vehicle or anything else (for example, the road surface).
Note.
 Driver’s vehicle is defined in the Dictionary.
(2)  The driver must remove the thing, or take action to have the thing removed, from the road as soon as the driver can do so safely.
Maximum penalty: 20 penalty units.
Examples of things.
 
1  Fallen loads.
2  Oil or grease.
3  Debris from an accident.
4  Wheel chocks.
Note.
 Rule 165 (e) provides a defence to the prosecution of a driver for an offence against a provision of Part 12 (Restrictions on stopping and parking) if the driver stops to comply with another provision of these Rules (including this rule).
(3)  In this rule:
put, something onto the road, includes:
(a)  throw, drop or propel the thing onto the road, and
(b)  otherwise cause the thing to be on the road.
294   Keeping control of a vehicle being towed
(1)  The driver of a motor vehicle must not tow another motor vehicle unless:
(a)  either:
(i)  the driver can control the movement of the towed vehicle, or
(ii)  the brakes and steering of the towed vehicle are in working order and a person who is licensed to drive the towed vehicle is sitting in the driver’s seat of the towed vehicle, and is in control of its brakes and steering, and
(b)  it is safe to tow the towed vehicle.
Maximum penalty: 20 penalty units.
Note.
 Motor vehicle is defined in the Dictionary.
(2)  The driver of a motor vehicle must not tow a trailer unless:
(a)  the driver can control the movement of the trailer, and
(b)  it is safe to tow the trailer.
Maximum penalty: 20 penalty units.
Note.
 Trailer is defined in the Dictionary.
294–1   NSW rule: number of vehicles that may be towed together
(1)  A driver must not drive any of the following vehicles unless written permission is first obtained from the Authority and all conditions of the permission are strictly complied with:
(a)  an articulated vehicle towing any motor vehicle, trailer or other vehicle,
(b)  any other motor vehicle towing more than one motor vehicle, trailer or other vehicle.
Maximum penalty: 20 penalty units.
Note.
 Articulated vehicle, motor vehicle and trailer are defined in the Dictionary, and vehicle is defined in rule 15.
(2)  Subrule (1) (b) does not apply to a driver who drives any of the following:
(a)  a tow truck that tows an articulated vehicle (not being a road train) on a road if:
(i)  the articulated vehicle or trailer has broken down on a road and it is necessary for it to be towed away, or
(ii)  the articulated vehicle or trailer has been involved in an accident on a road and, as a result of damage occasioned to the articulated vehicle or trailer in that accident, it is necessary for it to be towed away,
(b)  a vehicle that tows another vehicle if:
(i)  the other vehicle is partially supported by a lift and tow trailer, and
(ii)  the speed of the combination does not exceed 60 kilometres per hour, and
(iii)  the combined weight of the towed vehicle and lift and tow trailer does not exceed the unladen weight of the towing vehicle,
(c)  a motor vehicle that tows a set of 2 portable traffic light trailers if:
(i)  the portable traffic light trailers are manufactured by the same manufacturer, and
(ii)  the portable traffic light trailers are registered, and
(iii)  when being towed, the portable traffic light trailers are rigidly connected to each other and the centrelines of the axles of each trailer are not more than 2 metres apart, and
(iv)  the portable traffic light trailers are not carrying a load.
Note.
 Articulated vehicle, combination, motor vehicle, road train, tow truck and trailer are defined in the Dictionary, and vehicle is defined in rule 15.
(3)  Subrule (1) does not apply to a driver who drives any of the following:
(a)  a tractor-harvester-cutting head trailer combination,
(b)  a tractor with multiple implements attached, where those implements are normally used as one unit when performing agricultural operations,
(c)  a tractor and implement combination towing a fuel trailer or a laser tower,
(d)  an articulated low-loader consisting of a prime mover towing a converter dolly and a semi-trailer,
(e)  a road train,
(f)  a vehicle or combination of vehicles with a GVM or GCM over 4.5 tonnes.
Note.
 Articulated vehicle, combination, converter dolly, motor vehicle, prime mover, road train, semi-trailer, tractor and trailer are defined in the Dictionary, vehicle is defined in rule 15, and GCM and GVM are defined in the Act.
(4)  In this rule:
implement means a motor vehicle or trailer that comprises an excavator, road grader, road roller, bulldozer, forklift truck or other machinery or apparatus and is not constructed on a chassis of a type normally used in the construction of a motor lorry.
lift and tow trailer means a trailer consisting of an axle group and a drawbar intended for supporting one axle group of a vehicle under tow.
portable traffic light trailer means a single axle trailer that is permanently fitted with traffic lights and that is designed to be towed with another portable traffic light trailer.
Note 1.
 Axle group, drawbar, motor lorry, prime mover and trailer are defined in the Dictionary, and vehicle is defined in rule 15.
Note 2.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
294–2   NSW rule: towing by vehicles under 4.5 tonnes
(1)  A driver must not drive a motor vehicle (the towing vehicle) that has a motor vehicle, trailer or other vehicle attached to it for the purpose of being towed (the towed vehicle), if the laden weight of the towed vehicle exceeds:
(a)  the capacity of the towing attachment fitted to the towing vehicle, or
(b)  the maximum laden weight for the towed vehicle.
Maximum penalty: 20 penalty units.
Note.
 Motor vehicle, towing attachment and trailer are defined in the Dictionary, and vehicle is defined in rule 15.
(2)  For the purposes of subrule (1), the maximum laden weight for a towed vehicle is:
(a)  the maximum laden weight for a towed vehicle that the manufacturer of the towing vehicle has specified in respect of the towing vehicle, or
(b)  if the manufacturer of the towing vehicle has not specified such a maximum, the manufacturer cannot be identified or the towing vehicle has been modified to the extent that the manufacturer’s specification is no longer appropriate:
(i)  one and a half times the unladen weight of the towing vehicle if the towed vehicle is fitted with a braking system that is working properly, or
(ii)  the unladen weight of the towing vehicle in any other case.
(3)  A driver of a towing vehicle does not contravene subrule (1) if:
(a)  the towing vehicle is driven or used in accordance with the prior written permission of the Authority and any conditions set out in the document giving the permission, and
(b)  a copy of that document is carried by the driver of the towing vehicle when using the vehicle otherwise than in accordance with subrule (1).
Note.
 Authority is defined in the Act.
(4)  This rule does not apply to any vehicle or combination of vehicles with a GVM or GCM over 4.5 tonnes.
Note 1.
 Combination is defined in the Dictionary, vehicle is defined in rule 15, and GCM and GVM are defined in the Act.
Note 2.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
294–3   NSW rule: towing restrictions generally
(1)  A driver must not drive a motor vehicle (the towing vehicle) having attached to its rear for the purpose of being towed any other vehicle that is not a trailer (the towed vehicle) unless the following conditions are satisfied:
(a)  the space between the 2 vehicles does not exceed 4 metres or, if either of the vehicles is a motor bike, 3 metres,
(b)  if the towed vehicle is a motor vehicle—(except as provided in paragraphs (c) and (d)):
(i)  a person licensed to drive the towed vehicle is in charge of the towed vehicle to control it so far as the condition of its brakes or mechanism will permit and to prevent accident to any person on the road, or
(ii)  the vehicle is authorised under subrule (3) to be towed without a person licensed to drive the towed vehicle in charge of it and the conditions of the authorisation are strictly complied with,
(c)  if the towing vehicle is a tow truck and the towed vehicle is a motor vehicle that is lifted partially clear of the ground and is securely connected to the tow truck:
(i)  the lifting apparatus of the tow truck is constructed in a manner approved by the Authority and is maintained in a thoroughly serviceable condition, and
(ii)  the lifting capacity of the tow truck chassis, as determined by the Authority, is legibly and durably displayed on the rear of the vehicle in block letters and figures of not less than 50 millimetres in height (using black lettering on a retro-reflective yellow background with no letter or figure within 25 millimetres of the edge of the background) and in one of the following forms:
LIFT CAPACITY [insert amount in kilograms] KILOGRAMS
or
LIFT CAPACITY [insert amount in kilograms] KG, and
(iii)  the weight imposed on the lifting apparatus of the tow truck when the towed vehicle is lifted partially clear of the ground does not exceed the lifting capacity referred to in subparagraph (ii) except where necessary in order to comply with a direction of a police officer given for the purpose of removing to the nearest place of safety the towed vehicle if it is then causing, or likely to cause, danger or obstruction on a road, and
(iv)  the brakes of the towed vehicle, where the weight of that vehicle (including any loading) exceeds 6 tonnes or exceeds the unladen weight of the tow truck, are interconnected with the braking system of the tow truck and are capable of independent operation by the driver of the tow truck, and
(v)  all of the weight of the towed vehicle is released from the lifting hook or other lifting device, and
(vi)  the combination of the tow truck (if it is being driven on a road) and the towed vehicle is driven at a speed not exceeding 80 kilometres per hour,
(d)  the towing vehicle is not a motor bike and the towed vehicle is a motor bike the front wheel of which is lifted clear of the ground and is rigidly connected to the towing vehicle,
(e)  if the 2 vehicles are joined by means of a rope, chain or wire—there is displayed between the vehicles a red flag or other suitable object so as to be clearly visible as a warning of danger,
(f)  an illuminated light is attached at night to that portion of the towed vehicle that faces any following vehicle (in the centre of that portion or to the right-hand or off side of the centre) and shows a clear red light so that it will be distinctly visible to the driver of any following vehicle and, if the 2 vehicles are joined by means of a rope, chain or wire, a bright white light is projected by a light or lights attached to the towed vehicle so that it will render clearly visible any flag or other object displayed in accordance with paragraph (e),
(g)  if the towed vehicle is not constructed to be propelled by mechanical means—it is fastened with the shafts or pole of it in actual contact with the towing vehicle.
Maximum penalty: 20 penalty units.
Note.
 Motor bike, motor vehicle, tow truck and trailer are defined in the Dictionary, vehicle is defined in rule 15, and Authority is defined in the Act.
(2)  The requirements of subrule (1) (f) are in addition to the requirements of these Rules relating to lights on motor vehicles in respect of the towing vehicle.
(3)  For the purposes of subrule (1) (b) (ii), a vehicle may be authorised to be towed without a person licensed to drive the towed vehicle in charge of it if:
(a)  the driver of the towing vehicle is given written permission (whether with or without conditions) to tow the towed vehicle without a person licensed to drive the towed vehicle in charge of it:
(i)  by the Authority, or
(ii)  by a police officer (but only in the case of an emergency), or
(b)  the towed vehicle belongs to a class of vehicles exempted from the requirement that the vehicle be towed with a person licensed to drive the towed vehicle in charge of the vehicle by a notice published in the Gazette by the Authority (whether with or without conditions).
(4)  Despite any other provision of these Rules, no light must be displayed on a motor vehicle that is being towed so as to be visible to the driver of any following vehicle other than:
(a)  as provided by subrule (1) (f), or
(b)  light from any clearance, side marker or rear light required or permitted by the applicable vehicle standards law to be fitted to the vehicle.
Note.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
294–4   NSW rule: special provisions relating to boat trailers
(1)  Any boat trailer is taken to comply with an affixing provision if the affixed item is securely affixed to a removable panel or panels, constructed of wood, metal or other suitable material and the panel or panels are:
(a)  while a boat is being carried on the trailer—securely affixed to the boat in such a manner that the affixed item is in a position and is facing in a direction that would comply with the provisions of these Rules if the boat comprised part of the trailer, and
(b)  while a boat is not being carried on the trailer—securely affixed to the trailer in such a manner that the affixed item is in a position and is facing in a direction that complies with the provisions of these Rules.
(2)  In this rule:
affixed item, in relation to an affixing provision, means any light, reflector or flashing light turn signal to which the affixing provision applies.
affixing provision means any provision of these Rules relating to the affixing of and any fitting for any light, reflector or flashing light turn signal required or permitted by these Rules to be fitted to the trailer.
boat trailer means a trailer constructed or that is being used for the conveyance of a boat.
Note 1.
 Trailer is defined in the Dictionary.
Note 2.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
295   Australian Road Rule not reproduced
*     *     *     *     *
Note.
 Rule 295 (Motor vehicle towing another vehicle with a towline) of the Australian Road Rules has not been reproduced in these Rules. This rule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules. See rule 294–3.
296   Driving a vehicle in reverse
(1)  The driver of a vehicle must not reverse the vehicle unless the driver can do so safely.
Maximum penalty: 20 penalty units.
(2)  The driver of a vehicle must not reverse the vehicle further than is reasonable in the circumstances.
Maximum penalty: 20 penalty units.
297   Driver to have proper control of a vehicle etc
(1)  A driver must not drive a vehicle unless the driver has proper control of the vehicle.
Maximum penalty: 20 penalty units.
(1A)  A driver must not drive a vehicle if a person or an animal is in the driver’s lap.
Maximum penalty: 20 penalty units.
(2)  A driver must not drive a motor vehicle unless the driver has a clear view of the road, and traffic, ahead, behind and to each side of the driver.
Maximum penalty: 20 penalty units.
Note.
 Motor vehicle is defined in the Dictionary.
(3)  The rider of a motor bike must not ride with an animal on the motor bike between the rider and the handle bars.
Maximum penalty: 20 penalty units.
Note 1.
 Motor bike is defined in the Dictionary.
Note 2.
 Subrule (3) is not uniform with the corresponding subrule in rule 297 of the Australian Road Rules. Different rules may apply in other jurisdictions.
(4)  Subrule (3) does not apply to the rider of a motor bike who rides with an animal between the rider and the handle bars for a distance of not more than 500 metres on a road for the purpose of a farming activity that the rider is carrying out.
298   Driving with a person in a trailer
(1)  A driver must not drive a motor vehicle towing a trailer with a person in or on any part of the trailer that is not a part designed primarily for the carriage of passengers or goods.
Maximum penalty: 20 penalty units.
Note 1.
 Motor vehicle and trailer are defined in the Dictionary.
Note 2.
 Rule 257 deals with persons travelling in or on bicycle trailers.
(2)  This rule does not apply in relation to a person:
(a)  who is in or on a police or emergency vehicle, or
(b)  engaged in the door-to-door delivery or collection of goods, or in the collection of waste or garbage, in or on a trailer that is not travelling over 25 kilometres per hour, or
(c)  if in all the circumstances, there is no reasonable danger of the person falling or being thrown from the trailer, or being injured, because of the person travelling in a manner prohibited by this rule.
Note 1.
 Emergency vehicle and police vehicle are defined in the Dictionary.
Note 2.
 This rule is not uniform with the corresponding rule 298 of the Australian Road Rules. However, the corresponding rule in the Australian Road Rules provides that a driver must not drive a motor vehicle towing a trailer with a person in or on the trailer, unless the trailer is exempt from this rule under another law of this jurisdiction. Different rules may apply in other Australian jurisdictions.
298–1   NSW rule: drinking while driving
A driver must not consume alcohol while driving.
Maximum penalty: 20 penalty units.
Note.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
299   Television receivers and visual display units in vehicles
(1)  A driver must not drive a vehicle that has a television receiver or visual display unit in or on the vehicle operating while the vehicle is moving, or is stationary but not parked, if any part of the image on the screen:
(a)  is visible to the driver from the normal driving position, or
(b)  is likely to distract another driver.
Maximum penalty: 20 penalty units.
Note.
 Park is defined in the Dictionary, and vehicle is defined in rule 15.
(2)  This rule does not apply to the driver if:
(a)  the driver is driving a bus and the visual display unit is, or displays, a destination sign or other bus sign, or
(aa)  *     *     *     *     *
(b)  the visual display unit is used as a driver’s aid and either:
(i)  is an integrated part of the vehicle design, or
(ii)  is secured in a mounting affixed to the vehicle while being used, or
(ba)  the visual display unit is a mobile data terminal fitted to a police vehicle or an emergency vehicle, or
(c)  the driver or vehicle is exempt from this rule under another law of this jurisdiction.
Examples of driver’s aids.
 
1  Closed-circuit television security cameras.
2  Dispatch systems.
3  Navigational or intelligent highway and vehicle system equipment.
4  Rearview screens.
5  Ticket-issuing machines.
6  Vehicle monitoring devices.
Note 1.
 Bus, emergency vehicle and police vehicle are defined in the Dictionary.
Note 2.
 Rule 299 (2) (aa) of the Australian Road Rules has not been reproduced in these Rules. The paragraph has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.
Note 3.
 Subrule (2) (b) is not uniform with the corresponding paragraph in rule 299 of the Australian Road Rules. Different rules may apply in other Australian jurisdictions.
(3)  For the purposes of subrule (2) (b) (ii), a visual display unit is secured in a mounting affixed to the vehicle only if:
(a)  the mounting is commercially designed and manufactured for that purpose, and
(b)  the unit is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer.
300   Use of mobile phones
(1)  The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless:
(a)  the phone is being used to make or receive an audio phone call or to perform an audio playing function and the body of the phone:
(i)  is secured in a mounting affixed to the vehicle while being so used, or
(ii)  is not secured in a mounting affixed to the vehicle and is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or to otherwise manipulate any part of the body of the phone, or
(b)  the phone is functioning as a visual display unit that is being used as a driver’s aid and the phone is secured in a mounting affixed to the vehicle, or
(c)  the vehicle is an emergency vehicle or a police vehicle, or
(d)  the driver is exempt from this rule under another law of this jurisdiction.
Maximum penalty: 20 penalty units.
Examples of driver’s aids.
 
1  Closed-circuit television security cameras.
2  Dispatch systems.
3  Navigational or intelligent highway and vehicle system equipment.
4  Rearview screens.
5  Ticket-issuing machines.
6  Vehicle monitoring devices.
Note 1.
 Emergency vehicle, park and police vehicle are defined in the Dictionary.
Note 2.
 Subrule (1) is not uniform with the corresponding subrule in rule 300 of the Australian Road Rules. Different rules may apply in other Australian jurisdictions.
(2)  For the purposes of this rule, a mobile phone is secured in a mounting affixed to the vehicle only if:
(a)  the mounting is commercially designed and manufactured for that purpose, and
(b)  the mobile phone is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer.
(3)  For the purposes of this rule, a driver does not use a phone to receive a text message, video message, email or similar communication if:
(a)  the communication is received automatically by the phone, and
(b)  on and after receipt, the communication itself (rather than any indication that the communication has been received) does not become automatically visible on the screen of the phone.
(3–1)  This rule does not apply to the driver of a vehicle who is the holder of a learner licence or a provisional P1 or P2 licence.
Note 1.
 Provisional P1 licence and provisional P2 licence are defined in the Dictionary and learner licence is defined in the Act.
Note 2.
 Rule 300–1 provides for the use of mobile phones by drivers who are holders of learner licences or provisional P1 or P2 licences.
Note 3.
 This subrule is an additional NSW subrule. There is no corresponding subrule in rule 300 of the Australian Road Rules.
(4)  In this rule:
affixed to, in relation to a vehicle, includes forming part of the vehicle.
audio phone call does not include an email, text message, video call, video message or other similar communication.
body, in relation to a mobile phone, means the part of the phone that contains the majority of the phone’s mechanisms.
held includes held by, or resting on, any part of the driver’s body, but does not include held in a pocket of the driver’s clothing or in a pouch worn by the driver.
mobile phone does not include a CB radio or any other two-way radio.
use, in relation to a mobile phone, includes any of the following actions by a driver:
(a)  holding the body of the phone in her or his hand (whether or not engaged in a phone call), except while in the process of giving the body of the phone to a passenger in the vehicle,
(b)  entering or placing, other than by the use of voice, anything into the phone, or sending or looking at anything that is in the phone,
(c)  turning the phone on or off,
(d)  operating any other function of the phone.
300–1   NSW rule: use of mobile phones by drivers who are holders of learner and provisional P1 or P2 licences
(1)  The driver of a vehicle (except an emergency vehicle or police vehicle) who is the holder of a learner licence or a provisional P1 or P2 licence must not use a mobile phone, whether or not held by the driver, while the vehicle is moving or is stationary but not parked.
Maximum penalty: 20 penalty units.
Note.
 Emergency vehicle, park, police vehicle, provisional P1 licence and provisional P2 licence are defined in the Dictionary, and learner licence is defined in the Act.
(2)  In this rule, mobile phone and use have the same meanings as in rule 300.
Note.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
300–2   NSW rule: carriage of dangerous goods in prohibited areas
(1)  The driver of a dangerous goods transporter must not use the vehicle on or in any road or tunnel (or part of a road or tunnel) specified in the Table to this rule (a prohibited area):
(a)  on any day or during any period specified in that Table for the prohibited area, or
(b)  at any time if no such day or period is specified in that Table for the prohibited area.
Maximum penalty: 20 penalty units.
(2)  A driver of a dangerous goods transporter does not contravene subrule (1) if:
(a)  the dangerous goods transporter is:
(i)  displaying a permit issued by the Commissioner of Police under clause 18 (2) of the Road Transport (General) Regulation 2013 authorising it to be used in a prohibited area, and
(ii)  used in accordance with any conditions on which the permit was issued, or
(b)  the placard load of the dangerous goods transporter only consists of a radioactive substance (within the meaning of the Radiation Control Act 1990) used in nuclear medicine that has a half-life of 100 days or less.
(2A)  A driver of a dangerous goods transporter in a prohibited area specified in item 16 or 17 of the Table to this rule does not contravene subrule (1) unless:
(a)  the placard load of the dangerous goods transported includes UN Class 1 or UN Division 2.1 goods (determined in accordance with the ADG Code), or
(b)  the placard load of the dangerous goods transporter requires more than one placard, or the use of a mixed class placard, to comply with the Dangerous Goods (Road and Rail Transport) Regulation 2014.
(3)  In this rule:
ADG Code has the same meaning as in the Dangerous Goods (Road and Rail Transport) Regulation 2014.
dangerous goods transporter means a motor vehicle, trailer or tanker with a placard load.
placard load means goods in or on a motor vehicle, trailer or tanker that are required to be identified with a placard or sign under any of the following regulations:
tanker means a motor vehicle or trailer that is specially constructed or equipped for the carriage of liquid in a receptacle of a capacity exceeding 450 litres or in one or more receptacles any one of which has a capacity exceeding 450 litres.
use a dangerous goods transporter includes drive, stop or park the transporter.
Note 1.
 Motor vehicle and trailer are defined in the Dictionary.
Note 2.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
 
Table—Prohibited areas
1
The tunnel on the Cahill Expressway beneath the Royal Botanic Gardens, including:
(a)  the road connecting the tunnel and Sydney Harbour Tunnel, and
(b)  that part of the Cahill Expressway between the Macquarie Street exit and the tunnel.
2
The tunnel connecting the Cahill Expressway with the Bradfield Highway, including that part of the Cahill Expressway, westbound, between Macquarie Street and the tunnel.
3
Bradfield Highway between the hours of 7 am and 9.30 am Monday to Saturday both days inclusive and between the hours of 4 pm and 6.30 pm Monday to Friday both days inclusive.
4
Sydney Harbour Tunnel.
5
Eastern Distributor from the Art Gallery Road bridge, Woolloomooloo to Link Road, Zetland including the Anzac Parade and Moore Park Road branches.
6
The tunnel on Main Road Number 173 between Victoria Street and Wade Avenue, Kings Cross, including the following approaches to the tunnel:
(a)  from the Craigend Street and Darlinghurst Road ramp westbound,
(b)  from the Darlinghurst Road ramp,
(c)  from the eastern intersection of William Street and Kings Cross Road.
7
M2 Motorway between the Pennant Hills Road interchange and Christie Road, Macquarie Park, including the approach from Beecroft Road and the M2 Tunnel, Epping.
8
Cross City Tunnels between Harbour Street, Darling Harbour and Ward Avenue, Kings Cross and between Ward Avenue, Kings Cross and Sir John Young Crescent, Woolloomooloo.
9
M2 Motorway between the Delhi Road interchange and the Pacific Highway interchange, including the Lane Cove Tunnels.
10
NorthConnex tunnels between the M2 Motorway, West Pennant Hills and the M1 Pacific Motorway, Wahroonga.
11
M8 Motorway between the King Georges Road interchange, Beverly Hills and the St Peters interchange.
12
M4 Motorway between the Homebush Bay Drive interchange and the tunnel approaches at Parramatta Road, Ashfield and Wattle Street, Haberfield, excluding:
(a)  M4 Motorway westbound between Parramatta Road, Concord and the Homebush Bay Drive interchange, and
(b)  M4 Motorway eastbound between the Homebush Bay Drive interchange and the exit to Parramatta Road, Concord.
13
M4 and M8 Motorways between the M4 Motorway at Haberfield and the M5 Motorway at the St Peters interchange.
14
General Holmes Drive between Foreshore Road and Kyeemagh Avenue, including the tunnel beneath the extension of the north-south runway of Kingsford Smith Airport.
15
M5 Motorway between Bexley Road, Bexley North and General Holmes Drive, Kyeemagh, including the approaches from Marsh Street, Arncliffe.
16
M1 Pacific Motorway between Bangalow Road and the Hinterland Way interchange, Bangalow and the Ewingsdale Road interchange, Ewingsdale, including the St Helena tunnel.
17
M1 Pacific Motorway between the Gold Coast Highway interchange, Tweed Heads and the Stewart Road and Currumbin Road interchange at Tugun, including the Tugun Bypass Tunnel.
300–3   NSW rule: driving lengthy vehicles in central Sydney and on certain other roads
(1)  A driver of a lengthy vehicle must not, unless written permission is first obtained from the Authority and all the conditions of the permission are strictly complied with, drive the vehicle on Monday to Friday (inclusive):
(a)  between 8 am and 6 pm on any road (or part of a road) in the City of Sydney that is within the area that corresponds with the shaded area indicated in the diagram at the end of this rule (excluding the Circular Quay Elevated Roadway), or
(b)  between 8 am and 9.15 am in a southerly direction, or between 4.30 pm and 6.30 pm in any direction, on Bradfield Highway, Sydney, or
(c)  between 8 am and 9.15 am from the direction of Bradfield Highway, or between 4.30 pm and 6.30 pm in any direction, on the Circular Quay Elevated Roadway or on any thoroughfare connecting that Roadway with Bradfield Highway or Macquarie Street, or
(d)  between 3.30 pm and 6 pm along any portion of Princes Highway between Lord Street, St Peters and Carillon Avenue, Newtown.
Maximum penalty: 20 penalty units.
Note.
 Authority is defined in the Act.
(2)  Subrule (1) does not apply to a driver of a lengthy vehicle on Monday to Friday (inclusive) in the area referred to in subrule (1) (a) between 8 am and 5 pm:
(a)  on any road (or part of a road) that is an excluded road, or
(b)  in a northerly direction on George Street, between Railway Square and Liverpool Street, or in a westerly direction on Liverpool Street, between George Street and Day Street, or
(c)  except in the case of a bus that exceeds 12.5 metres in length—on any road (or part of a road) that is not an excluded road, excluding the Circular Quay Elevated Roadway, by the shortest practicable route to or from the nearest road that is an excluded road while proceeding to or from:
(i)  a warehouse within the meaning of the Customs Act 1901 of the Commonwealth,
(ii)  any goods store (other than premises used for storing merchandise owned by the owner or occupier of such premises), or
(iii)  a building construction or demolition site in connection with the conveyance of goods that, because of their bulk, dimensions or weight, cannot be conveyed on a smaller motor vehicle.
(3)  In this rule:
Bradfield Highway means the carriageway of the Sydney Harbour Bridge and the approaches to it, on the southern side from the northern end of Clarence Street and on the northern side from the junction of Alfred Street South and Pacific Highway.
excluded road means any of the following roads in Sydney:
(a)  Goulburn Street, between Wentworth Avenue and George Street,
(b)  Sussex Street, north of Liverpool Street,
(c)  Day Street,
(d)  Day Place,
(e)  the approaches to Pyrmont Bridge on the eastern side,
(f)  King Street, between Day Street and Sussex Street,
(g)  Erskine Street, between Day Street and Sussex Street,
(h)  Napoleon Street,
(i)  Kent Street, north of Napoleon Street,
(j)  the approaches to Bradfield Highway on the southern side,
(k)  Circular Quay, excluding the Circular Quay Elevated Roadway,
(l)  Circular Quay East, between Circular Quay and Macquarie Street,
(m)  Macquarie Street,
(n)  Queen’s Square,
(o)  Prince Albert Road, between Queen’s Square and College Street,
(p)  College Street,
(q)  Wentworth Avenue,
(r)  Elizabeth Street, between Hay Street and Goulburn Street,
(s)  Bridge Street.
lengthy vehicle means an articulated vehicle, a bus that is longer than 12.5 metres or a combination of a motor vehicle and trailer, which together with any loading is longer than 12.5 metres.
Note 1.
 Articulated vehicle, bus, combination, motor vehicle and trailer are defined in the Dictionary.
Note 2.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
 
Diagram
300–4   NSW rule: school bus signs for school buses
(1)  A driver must not drive a bus for school purposes unless a school bus sign is clearly displayed on both the front and the rear of the bus.
Maximum penalty: 20 penalty units.
Note.
 Bus is defined in the Dictionary.
(2)  For the purposes of this rule, a bus is driven for school purposes if the bus is being used:
(a)  solely or principally for the conveyance of children to or from school, and
(b)  on a journey wholly outside a transport district.
Note.
 Transport district is defined in the Dictionary.
(3)  This rule does not apply to the driver of a bus that is operated in accordance with rule 222–2.
Note.
 Rule 222–2 provides for the use by drivers of warning systems fitted to buses used to convey school children.
(4)  In this rule:
school bus sign means a sign that complies with clause 24 (2) of the Road Transport (General) Regulation 2013.
Note 1.
 Clause 24 of the Road Transport (General) Regulation 2013 requires the owner of a bus that is driven for school purposes to attach school bus signs, or to provide school bus signs for the driver to attach, to the bus. A school bus sign is a sign containing the words “School Bus” in block letters of a certain height and coloured black on a fluorescent yellow background.
Note 2.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
300–5   NSW rule: driver to carry licence while driving motor vehicle
A driver of a motor vehicle must not drive the vehicle unless the driver is carrying his or her driver licence.
Maximum penalty: 20 penalty units.
Note 1.
 Motor vehicle is defined in the Dictionary, and driver licence is defined in the Act.
Note 2.
 Section 175 of the Act enables an authorised officer (which includes a police officer), in the execution of his or her functions under the road transport legislation, to require the driver of a vehicle to produce his or her driver licence to the officer. Section 26 of the Heavy Vehicle (Adoption of National Law) Act 2013 makes similar provision with respect the enforcement of the Heavy Vehicle National Law (NSW).
Note 3.
 Clause 96 (14) of the Road Transport (Driver Licensing) Regulation 2017 makes similar provisions for the carrying of interstate and foreign driver licences and authorities by drivers who are interstate or international visitors.
Note 4.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
Division 2 Rules for people in charge of animals
301   Leading an animal while in or on a vehicle
(1)  The driver of a motor vehicle must not lead an animal, including by tethering the animal to the motor vehicle, unless the driver is permitted to do so under another law of this jurisdiction.
Maximum penalty: 20 penalty units.
Note.
 Motor vehicle is defined in the Dictionary.
(2)  A person who is a passenger in, or on any part of, a motor vehicle must not lead an animal while the motor vehicle is moving unless the passenger is permitted to do so under another law of this jurisdiction.
Maximum penalty: 20 penalty units.
(3)  The rider of a bicycle must not lead an animal, including by tethering the animal to the bicycle, unless the rider is permitted to do so under another law of this jurisdiction.
Maximum penalty: 20 penalty units.
Note.
 Bicycle is defined in the Dictionary.
302   Rider of an animal on a footpath or nature strip to give way to pedestrians
The rider of an animal must give way to any pedestrian on a footpath or nature strip.
Maximum penalty: 20 penalty units.
Note 1.
 Footpath and nature strip are defined in the Dictionary, and pedestrian is defined in rule 18.
Note 2.
 For this rule, give way means the rider must slow down and, if necessary, stop to avoid a collision—see the definition in the Dictionary.
303   Riding an animal alongside more than 1 other rider
(1)  The rider of an animal must not ride on a road that is not a multi-lane road alongside more than 1 other rider, unless subrule (3) applies to the rider.
Maximum penalty: 20 penalty units.
Note.
 Multi-lane road is defined in the Dictionary, and rider is defined in rule 17.
(2)  The rider of an animal must not ride in a marked lane alongside more than 1 other rider in the marked lane, unless subrule (3) applies to the rider.
Maximum penalty: 20 penalty units.
Note.
 Marked lane is defined in the Dictionary.
(3)  The rider of an animal may ride alongside more than 1 other rider if the rider is:
(a)  overtaking the other riders or droving stock, or
(b)  permitted to do so under another law of this jurisdiction.
Note.
 Overtake is defined in the Dictionary.
(4)  If the rider of an animal is riding on a road that is not a multi-lane road alongside another rider, or in a marked lane alongside another rider in the marked lane, the rider must ride not over 1.5 metres from the other rider.
Maximum penalty: 20 penalty units.
(5)  In this rule:
road does not include a road related area, but includes a bicycle path, shared path and any shoulder of the road.
Note.
 Bicycle path is defined in rule 239, road related area is defined in rule 13, shared path is defined in rule 242, and shoulder is defined in rule 12.
Division 3 Obeying directions
304   Direction by a police officer or authorised person
(1)  A person must obey any reasonable direction for the safe and efficient regulation of traffic given to the person by a police officer or authorised person, whether or not the person may contravene another provision of these Rules by obeying the direction.
Maximum penalty: 20 penalty units.
Note.
 Authorised person and police officer are defined in the Dictionary.
(2)  It is a defence to the prosecution of a person for an offence against a provision of these Rules if, at the time of the offence, the person was obeying a direction given to the person under subrule (1).