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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Heavy Vehicle (Adoption of National Law)
Amendment Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are:
(a) to amend the Heavy Vehicle (Adoption of National Law) Act 2013:
(i) to make further provision to facilitate the adoption of the Heavy Vehicle National
Law set out in the Schedule to the Heavy Vehicle National Law Act 2012 of
Queensland (the National Law) as a law of New South Wales and its enforcement
(including by making provision for savings and transitional matters), and
(ii) to make modifications to the National Law in its application to New South Wales to
preserve existing registration laws for heavy vehicles pending the anticipated
commencement of national registration under the National Law in 2015, and
(iii) to make modifications to the National Law, Heavy Vehicle (Fatigue Management)
National Regulation and Heavy Vehicle (Vehicle Standards) National Regulation in
their application to New South Wales to preserve the operation of certain existing
local productivity initiatives and enforcement provisions, and
(b) to set out the terms of the proposed Heavy Vehicle (Adoption of National Law) Regulation
2013, which will be taken to be a Regulation made under the Heavy Vehicle (Adoption of
National Law) Act 2013, and
(c) to make consequential and other related amendments to the road transport legislation and
certain other legislation.
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Explanatory note
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act. Schedules 1, 2.2 [29], 2.4 [10] and
2.6 will commence on the date of assent to the proposed Act. The other provisions of the proposed
Act will commence when section 4 (Application of Heavy Vehicle National Law) of the Heavy
Vehicle (Adoption of National Law) Act 2013 commences.
Clause 3 recognises that clause 10 of Schedule 3 (Savings, transitional and other provisions) to
the Heavy Vehicle (Adoption of National Law) Act 2013 (as inserted by the proposed Act) provides
for the proposed Heavy Vehicle (Adoption of National Law) Regulation 2013 set out in Schedule 4
to the proposed Act to be taken to be a Regulation made under the Heavy Vehicle (Adoption of
National Law) Act 2013.
Clause 4 provides for:
(a) the repeal of the Road Transport (Vehicle and Driver Management) Act 2005 and the Road
Transport (Vehicle and Driver Management) Regulation 2005, and
(b) recognises that clause 47 of Schedule 4 to the Road Transport Act 2013 (as inserted by the
proposed Act) provides for the Road Transport (Mass, Loading and Access) Regulation
2005, as amended by the proposed Act, to have effect as a Regulation under the Road
Transport Act 2013.
Clause 5 provides for the automatic repeal of the proposed Act by section 30C of the
Interpretation Act 1987 once all of its provisions have commenced.
Schedule 1 Amendment of Heavy Vehicle (Adoption of
National Law) Act 2013 No 42
Provisions to facilitate National Law coming into force
Schedule 1 amends the Heavy Vehicle (Adoption of National Law) Act 2013 (the principal Act):
(a) to provide for definitions of terms to be used in provisions to be inserted by the proposed
Act (see Schedule 1 [1] and [2]), and
(b) to provide for the National Law and the regulations under that Law (the national
regulations) to apply in New South Wales subject to certain modifications (See Schedule 1
[4] and [5]), and
(c) to make certain declarations and provide for certain authorisations in connection with the
application of the National Law in New South Wales (see Schedule 1 [7], [16], [17] and
[19]-[21]), and
(d) to provide for the regulations under the principal Act (the local regulations) to prescribe
offences for which an infringement notice (also called a penalty notice) may be issued under
the National Law (see Schedule 1 [11] and [27]), and
(e) to make amendments in the nature of statute law revision or that are consequential on other
amendments (see Schedule 1 [3], [6], [8]-[10], [12]-[15], [18], [23]-[25] and [29]-[31]).
Enforcement of National Law
Schedule 1 [22] includes provisions:
(a) to enable an authorised officer under the National Law to require the driver of a heavy
motor vehicle to produce the driver's Australian driver licence for compliance purposes
within the meaning of that Law, and
(b) to enable Roads and Maritime Services to exercise the powers of an authorised officer under
the National Law, and
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Explanatory note
(c) to enable an authorised officer to exercise powers under both certain law enforcement
legislation and the proposed Act and National Law where appropriate in relation to the same
occasion, and
(d) to provide for who may commence proceedings for offences, and
(e) to preclude double jeopardy in respect of an act, omission or circumstances that give rise to
both an offence under the road transport legislation and the National Law, and
(f) to provide for what it means when the National Law provides that the defence of mistake
of fact is unavailable for an offence, and
(g) to recognise that evidence of speed collected in accordance with Part 5.3 (Traffic control
and monitoring) of the Road Transport Act 2013 can be used in proving offences against
the National Law where the speed of a heavy vehicle is relevant to establishing whether the
offence has been committed, and
(h) to provide for section 10 of the Crimes (Sentencing Procedure) Act 1999 not to apply in
relation to certain heavy vehicle offences under the National Law in a manner consistent
with existing provisions in the Road Transport Act 2013.
Modification of National Law and certain national regulations
Schedule 1 [32] inserts a new Schedule 1 in the principal Act containing modifications to the
National Law in its application to New South Wales. The new Schedule makes provision as
follows:
(a) Schedule 1.1 makes modifications to the National Law to preserve existing registration
laws for heavy vehicles pending the anticipated commencement of national registration
under the National Law in 2015,
(b) Schedule 1.2 makes modifications to the National Law to preserve certain exemptions and
other modifications currently applicable in relation to:
(i) the driver fatigue and heavy vehicle speeding compliance provisions of the Road
Transport (Vehicle and Driver Management) Regulation 2005 (see clauses 58A,
58B, 60 (5), 72, 115, 115A, 115B, 167A, 167B of that Regulation and the Ministerial
Exemption (Bus Operator Fatigue Management Accreditation Requirements) Order
2009), and
(ii) the enforcement of the Road Transport (Vehicle and Driver Management) Act 2005.
Schedule 1 [32] also inserts a new Schedule 2 in the principal Act containing:
(a) modifications to the Heavy Vehicle (Fatigue Management) National Regulation under the
National Law to preserve the operation of existing risk category for contraventions of AFM
hours for the driver fatigue provisions of the Road Transport (Vehicle and Driver
Management) Regulation 2005 (see proposed Schedule 2.1), and
(b) modifications to the Heavy Vehicle (Vehicle Standards) National Regulation under the
National Law to preserve the operation of existing provisions in New South Wales
concerning the use of warning lights and signs on school buses and the use of lights and
reflectors on vehicles (see proposed Schedule 2.2).
Schedule 1 [26] and [28] confer a general power for the local regulations to amend each of these
new Schedules so as to insert, vary or omit modifications to the National Law and national
regulations in their application to New South Wales.
Savings and transitional provisions
Schedule 1 [32] inserts a new Schedule 3 in the principal Act in substitution for the current
Schedule 1 to that Act. The new Schedule includes provisions of a savings and transitional nature
consequent on the enactment of the principal Act and the proposed Act and the National Law
coming into force.
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Explanatory note
Schedule 2 Amendment of road transport legislation
Schedule 2:
(a) provides for the Road Transport (Mass, Loading and Access) Regulation 2005 (which is
currently a Regulation under the Road Transport (Vehicle and Driver Management) Act
2005) to have effect as a Regulation under the Road Transport Act 2013 and makes
amendments to the Regulation generally to confine its operation to light vehicles, and
(b) makes other amendments to the road transport legislation that are consequential on, or
related to, the National Law coming into force in New South Wales.
Schedule 3 Amendment of other legislation
Schedule 3 makes amendments to certain other Acts and statutory rules that are consequential on,
or related to, the National Law coming into force in New South Wales.
Schedule 4 Heavy Vehicle (Adoption of National Law)
Regulation 2013
Schedule 4 sets out the terms of the proposed Heavy Vehicle (Adoption of National Law)
Regulation 2013, which will be taken to be a Regulation made under the Heavy Vehicle (Adoption
of National Law) Act 2013. The proposed Regulation will prescribe offences against the National
aw and the Heavy Vehicle (Mass, Dimension and Loading) Regulation in their application to
New South Wales for which an infringement notice (also called a penalty notice) may be issued
under the National Law.
Page 4
First print
New South Wales
Heavy Vehicle (Adoption of National Law)
Amendment Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Heavy Vehicle (Adoption of National Law) Regulation 2013 2
4 Repeal of existing heavy vehicle legislation 2
5 Repeal of this Act 2
Schedule 1 Amendment of Heavy Vehicle (Adoption of National Law) Act 2013
No 42 3
Schedule 2 Amendment of road transport legislation 31
Schedule 3 Amendment of other legislation 51
Schedule 4 Heavy Vehicle (Adoption of National Law) Regulation 2013 53
b2013-096-94.d12
New South Wales
Heavy Vehicle (Adoption of National Law)
Amendment Bill 2013
No , 2013
A Bill for
An Act to amend the Heavy Vehicle (Adoption of National Law) Act 2013 to make further
provision for the adoption of the Heavy Vehicle National Law in New South Wales; to provide
for the terms of the Heavy Vehicle (Adoption of National Law) Regulation 2013; and to repeal and
amend certain other legislation.
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Heavy Vehicle (Adoption of National Law) Amendment Act 2013. 3
2 Commencement 4
(1) This Act commences on the day (the participation day) on which section 4 5
(Application of Heavy Vehicle National Law) of the Heavy Vehicle (Adoption of 6
National Law) Act 2013 commences, except as provided by subsection (2). 7
(2) Schedules 1, 2.2 [29], 2.4 [10] and 2.6 commence on the date of assent to this Act. 8
3 Heavy Vehicle (Adoption of National Law) Regulation 2013 9
(1) Schedule 4 sets out the terms of the Heavy Vehicle (Adoption of National Law) 10
Regulation 2013. 11
(2) Clause 10 of Schedule 3 (Savings, transitional and other provisions) to the Heavy 12
Vehicle (Adoption of National Law) Act 2013 (as inserted by this Act) provides for 13
the following on and from the participation day: 14
(a) Schedule 4 to this Act is taken to be and has effect as a local regulation under 15
the Heavy Vehicle (Adoption of National Law) Act 2013, 16
(b) Part 2 of the Subordinate Legislation Act 1989 does not apply to the regulation 17
set out in Schedule 4 (but applies to any amendment or repeal of the 18
regulation), 19
(c) the regulation set out in Schedule 4 is taken, for the purposes of section 10 of 20
the Subordinate Legislation Act 1989, to have been published on the 21
participation day, 22
(d) sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to the 23
regulation set out in Schedule 4 (but apply to any amendment or repeal of the 24
regulation). 25
4 Repeal of existing heavy vehicle legislation 26
(1) Each of the following is repealed: 27
(a) the Road Transport (Vehicle and Driver Management) Act 2005 No 11, 28
(b) the Road Transport (Vehicle and Driver Management) Regulation 2005. 29
(2) The Road Transport (Mass, Loading and Access) Regulation 2005, as amended by 30
this Act, is taken on and from the participation day to have been made under the Road 31
Transport Act 2013 by operation of clause 47 of Schedule 4 to that Act (as inserted 32
by this Act). 33
5 Repeal of this Act 34
Section 30C (Automatic repeal of amending Acts that have commenced) of the 35
Interpretation Act 1987 is taken to apply to this Act as if this Act were an amending 36
Act for the purposes of that section. 37
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Heavy Vehicle (Adoption of National Law) Act 2013 No 42
Schedule 1 Amendment of Heavy Vehicle (Adoption of 1
National Law) Act 2013 No 42 2
[1] Section 3 Definitions 3
Insert in alphabetical order in section 3 (1): 4
local regulations--see section 28. 5
road transport legislation has the same meaning as in the Road Transport Act 6
2013. 7
[2] Section 3 (1), definition of "modification" 8
Insert "exception," after "addition,". 9
[3] Section 3 (3) 10
Insert "(other than in Schedules 1 and 2)" after "in this Act". 11
[4] Section 4 Application of Heavy Vehicle National Law 12
Omit section 4 (a). Insert instead: 13
(a) applies as a law of this jurisdiction, subject to the modifications set out 14
in Schedule 1, and 15
[5] Section 5 16
Omit the section. Insert instead: 17
5 Application of regulations under Heavy Vehicle National Law 18
Each of the national regulations: 19
(a) applies as a regulation in force for the purposes of the Heavy Vehicle 20
National Law (NSW), subject to the modifications (if any) set out in 21
Schedule 2 for that regulation, and 22
(b) as so applying may be referred to by its citation with "(NSW)" added at 23
the end of that citation. 24
[6] Section 6 Exclusion of legislation of this jurisdiction 25
Omit "regulations under this Act" wherever occurring. Insert instead "local regulations". 26
[7] Section 8A 27
Insert after section 8: 28
8A Declaration about industrial relations status of Regulator 29
(1) For the avoidance of doubt, it is declared that: 30
(a) the Regulator is not an employer of State public sector employees for 31
the purposes of the Industrial Relations (Commonwealth Powers) Act 32
2009, and 33
(b) it is the intention of the Parliament that the Regulator be a national 34
system employer for the purposes of the Fair Work Act 2009 of the 35
Commonwealth. 36
(2) Nothing in any Act (whether enacted before or after the commencement of this 37
section) is to be taken to prevent the Regulator from being a national system 38
employer for the purposes of the Fair Work Act 2009 of the Commonwealth. 39
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Heavy Vehicle (Adoption of National Law) Act 2013 No 42
[8] Section 9 Interpretation of certain expressions 1
Omit "Heavy Vehicle National Regulations (NSW)". 2
Insert instead "regulations in force for the purposes of that Law". 3
[9] Section 10 Police officers who are authorised officers 4
Omit "an authorised officer". Insert instead "an authorised officer". 5
[10] Section 11 Authorised warrant official 6
Omit "an authorised warrant official". Insert instead "an authorised warrant official". 7
[11] Section 12 8
Omit the section. Insert instead: 9
12 Infringement notices 10
(1) The following are declared to be the Infringement Notice Offences Law for 11
the purposes of the Heavy Vehicle National Law (NSW): 12
(a) the other provisions of this section and any local regulations made for 13
the purposes of this section, and 14
(b) the Fines Act 1996. 15
(2) An infringement notice issued under section 591 of the Heavy Vehicle 16
National Law (NSW): 17
(a) may be called and issued as a penalty notice rather than as an 18
infringement notice, and 19
(b) is declared to be a penalty notice for the purposes of the Fines Act 1996. 20
(3) An infringement notice may be served personally or by post. 21
(4) If the amount of penalty prescribed for an alleged offence is paid in respect of 22
an infringement notice, no person is liable to any further proceedings for the 23
alleged offence. 24
(5) Payment of an amount in respect of an infringement notice is not to be 25
regarded as an admission of liability for the purpose of, and does not in any 26
way affect or prejudice, any civil claim, action or proceeding arising out of the 27
same occurrence. 28
(6) The local regulations may: 29
(a) prescribe an offence for the purposes of section 591 of the Heavy 30
Vehicle National Law (NSW) by specifying the offence or by referring 31
to the provision creating the offence, and 32
(b) prescribe the amount of penalty payable for the offence if dealt with 33
under that section, and 34
(c) prescribe different amounts of penalties for different offences or classes 35
of offences, and 36
(d) prescribe different amounts of penalties for the same kind of offence or 37
class of offence committed in specified circumstances. 38
(7) The amount of a penalty prescribed by the local regulations under this section 39
for an offence is not to exceed 10 percent of the maximum amount of penalty 40
that could be imposed for the offence by a court. 41
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Heavy Vehicle (Adoption of National Law) Act 2013 No 42
(8) This section and section 591 of the Heavy Vehicle National Law (NSW) do not 1
limit the operation of any other provision of, or made under, this Act or the 2
Law or any other Act relating to proceedings that may be taken in respect of 3
offences. 4
[12] Section 13 Local government authority 5
Omit "a local government authority". Insert instead "a local government authority". 6
[13] Section 14 Relevant tribunal or court 7
Omit "the relevant tribunal or court". Insert instead "the relevant tribunal or court". 8
[14] Section 15 Responsible Minister 9
Omit "the responsible Minister". Insert instead "the responsible Minister". 10
[15] Section 16 Road authority 11
Omit "the road authority". Insert instead "the road authority". 12
[16] Section 17 13
Omit the section. Insert instead: 14
17 Road manager 15
(1) Except as provided by subsection (2), the following are declared to be the road 16
manager for a road in this jurisdiction for the purposes of the Heavy Vehicle 17
National Law (NSW): 18
(a) for a public road--the roads authority for the road under the Roads Act 19
1993, 20
(b) for a private road--the owner of the road. 21
Note. See section 5 of the Heavy Vehicle National Law (NSW) for the definition of road 22
manager. 23
(2) RMS is declared to be the road manager for each of the following roads 24
(regardless of whether it is the roads authority under the Roads Act 1993 for 25
the road or the owner of the road): 26
(a) a road in respect of which RMS performs under that Act some or all of 27
the functions of the roads authority instead of the authority (whether 28
under an agreement or otherwise), 29
(b) a road that is a tollway or transitway. 30
(3) To avoid doubt, a reference in this section to a roads authority is not affected 31
by section 16 (which declares RMS to be the road authority for the purposes 32
of the Heavy Vehicle National Law (NSW)). 33
(4) A term used in this section that is defined for the purposes of the Roads Act 34
1993 has the same meaning as in that Act. 35
[17] Section 18 36
Omit the section. Insert instead: 37
18 Road Rules 38
The Road Rules 2008 (or any rules made under the Road Transport Act 2013 39
that replace those Rules) are declared to be the Road Rules for the purposes of 40
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Heavy Vehicle (Adoption of National Law) Act 2013 No 42
the Heavy Vehicle National Law (NSW). 1
Note. See section 5 of the Heavy Vehicle National Law (NSW) for the definition of 2
Road Rules. 3
[18] Section 21 Primary WHS Law 4
Omit "the primary WHS Law". Insert instead "the primary WHS Law". 5
[19] Section 22 Meaning of relevant law 6
Omit section 22 (b). Insert instead: 7
(b) the road transport legislation, 8
[20] Section 22 (e) and (f) 9
Omit section 22 (e). Insert instead: 10
(e) the Photo Card Act 2005, 11
(f) any other Act or statutory rule prescribed by the local regulations. 12
[21] Part 4 13
Omit the Part. Insert instead: 14
Part 4 Authorisations 15
23 Authority to use force 16
(1) An authorised officer who is a police officer is authorised to use force against 17
a person in the exercise, or purported exercise, of a function under the Heavy 18
Vehicle National Law (NSW). 19
Note. See section 491 (Use of force against persons) of the Heavy Vehicle National 20
Law (NSW). 21
(2) An authorised officer is authorised to use force against property for the 22
purposes of a power referred to in section 492 (1) of the Heavy Vehicle 23
National Law (NSW). 24
(3) For the avoidance of doubt, the force that may be used by an authorised officer 25
is such force as would be reasonably necessary in the circumstances for the 26
exercise of the power concerned. 27
24 Authority to seize heavy vehicles or things 28
Section 552 (1) of the Heavy Vehicle National Law (NSW) does not apply to 29
an authorised officer who is a police officer impounding or seizing a heavy 30
vehicle or thing under an Act or other law of this jurisdiction. 31
Note. See section 552 (2) of the Heavy Vehicle National Law (NSW). 32
25 RMS authorised to provide information and assistance to Regulator 33
(1) Despite any other Act or law, RMS is authorised, on RMS's own initiative or 34
at the request of the Regulator: 35
(a) to provide the Regulator with such information (including information 36
given in confidence) in the possession or control of RMS that is 37
reasonably required by the Regulator for the purposes of this Act or the 38
Heavy Vehicle National Law (NSW), and 39
(b) to provide the Regulator with such other assistance as is reasonably 40
required by the Regulator to perform or exercise a function or power 41
under this Act or the Heavy Vehicle National Law (NSW). 42
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Heavy Vehicle (Adoption of National Law) Act 2013 No 42
(2) Despite any other Act or law, RMS may authorise the Regulator to disclose 1
information provided under subsection (1) even if the information was given 2
to RMS in confidence. 3
(3) Nothing done, or authorised to be done, by RMS in acting under subsection (1) 4
or (2): 5
(a) constitutes a breach of, or default under, an Act or other law, or 6
(b) constitutes a breach of, or default under, a contract, agreement, 7
understanding or undertaking, or 8
(c) constitutes a breach of duty of confidence (whether arising by contract, 9
in equity or by custom) or in any other way, or 10
(d) constitutes a civil or criminal wrong, or 11
(e) terminates an agreement or obligation or fulfils any condition that 12
allows a person to terminate an agreement or obligation, or gives rise to 13
any other right or remedy, or 14
(f) releases a surety or any other obligee wholly or in part from an 15
obligation. 16
25A Authorisation for section 688 of Heavy Vehicle National Law (NSW) (Payments 17
into Fund) 18
For the purposes of section 688 of the Heavy Vehicle National Law (NSW), an 19
amount equal to any regulatory component that may be prescribed by the 20
national regulations for the purposes of the definition of road use component 21
in section 688 (3) of that Law, is authorised to be paid into the National Heavy 22
Vehicle Regulator Fund until Chapter 2 of that Law comes into force in New 23
South Wales. 24
[22] Part 5 25
Omit the Part. Insert instead: 26
Part 5 Enforcement of Heavy Vehicle National Law (NSW) 27
Division 1 Powers of authorised officers 28
26 Requirement for driver of heavy motor vehicle to produce Australian driver 29
licence 30
(1) An authorised officer may, for compliance purposes, require the driver of a 31
heavy motor vehicle to produce the driver's relevant Australian driver licence. 32
(2) A person must not refuse to comply with a requirement of an authorised officer 33
under subsection (1). 34
Maximum penalty: 20 penalty units. 35
(3) Nothing in this section limits the power conferred on authorised officers under 36
the Road Transport Act 2013 by section 174 of that Act. 37
(4) In this section: 38
driver has the same meaning as in section 175 of the Road Transport Act 2013. 39
relevant Australian driver licence has the same meaning as in the Road 40
Transport Act 2013. 41
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Heavy Vehicle (Adoption of National Law) Act 2013 No 42
27 RMS may exercise powers of authorised officer 1
(1) Despite anything to the contrary in the Heavy Vehicle National Law (NSW), 2
RMS may exercise any power conferred by or under that Law on an authorised 3
officer (other than a power that requires the physical presence of an authorised 4
officer). 5
(2) The exercise by RMS of such a power has effect for the purposes of the Heavy 6
Vehicle National Law (NSW) as if it had been exercised by an authorised 7
officer under that Law. 8
27A Exercise of powers under other law enforcement legislation 9
(1) This section applies if an authorised officer under the Heavy Vehicle National 10
Law (NSW) is also: 11
(a) an authorised officer under the Road Transport Act 2013, or 12
(b) a police officer. 13
(2) For the avoidance of doubt, an authorised officer to whom this section applies 14
may, on the same occasion, exercise the various powers conferred on the 15
officer by or under law enforcement legislation as well as the powers 16
conferred on the officer by or under this Act or the Heavy Vehicle National 17
Law (NSW) if the circumstances permit the exercise of both sets of powers on 18
that occasion. 19
(3) In this section: 20
law enforcement legislation means: 21
(a) the road transport legislation, or 22
(b) the Law Enforcement (Powers and Responsibilities) Act 2002 or any 23
other Act or statutory rule that confers or imposes law enforcement 24
functions on police officers. 25
Division 2 Offences and legal proceedings 26
27B Persons who may commence proceedings for offences 27
Proceedings for an offence against the Heavy Vehicle National Law (NSW) or 28
the regulations in force for the purposes of that Law may be commenced by: 29
(a) the Regulator, or 30
(b) RMS, or 31
(c) a person who is authorised in writing to do so either generally or in any 32
particular case by the Regulator or RMS, or 33
(d) a police officer. 34
27C Double jeopardy 35
A person who has been punished for an act or omission or circumstances 36
constituting an offence against the road transport legislation cannot be 37
punished for an offence against the Heavy Vehicle National Law (NSW) or the 38
regulations in force for the purposes of that Law arising from the same act or 39
omission or circumstances. 40
Note. See 634 (2) of the Heavy Vehicle National Law (NSW) in relation to the 41
punishment of an offender for offences under that Law in circumstances where the 42
offender has already been punished under the Heavy Vehicle National Law applying in 43
another participating jurisdiction. 44
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Heavy Vehicle (Adoption of National Law) Act 2013 No 42
27D Offences for which mistake of fact defence unavailable 1
The effect of a provision to which section 14 of the Heavy Vehicle National 2
Law (NSW) applies is that it is not a defence to the offence concerned for the 3
person charged with the offence to prove that, at or before the time of the act 4
or omission or circumstances constituting the offence, the person was under a 5
mistaken but honest and reasonable belief about facts which, had they existed, 6
would have meant that the act or omission or circumstances would not have 7
constituted an offence. 8
Note. Section 14 of the Heavy Vehicle National Law (NSW) provides that the effect of 9
a provision of that Law that states that a person charged with an offence does not have 10
the benefit of the mistake of fact defence for an offence is the effect specified by a law 11
of the jurisdiction. 12
27E Evidence of speed 13
(1) Part 5.3 (Traffic control and monitoring) of the Road Transport Act 2013 14
provides for the use of evidence obtained under that Part in connection with 15
proceedings for speeding offences. 16
(2) Section 121 of the Road Transport Act 2013 defines a speeding offence to 17
include an offence against the Heavy Vehicle National Law (NSW) or the 18
regulations in force for the purposes of that Law where the speed at which a 19
heavy vehicle has travelled is relevant for the purpose of establishing that the 20
offence has been committed. 21
(3) Accordingly, evidence of speed obtained under Part 5.3 of the Road Transport 22
Act 2013 may be given in proceedings for such an offence against the Heavy 23
Vehicle National Law (NSW) or the regulations in force for the purposes of that 24
Law in accordance with the provisions of that Part in the same way as for 25
speeding offences under the road transport legislation. 26
(4) For the avoidance of doubt, if a heavy vehicle that is being towed is attached 27
to a heavy vehicle, the heavy vehicle and the towing heavy vehicle are to be 28
taken to be travelling at the same speed for the purposes of proceedings for 29
such a speeding offence involving the vehicles. 30
(5) Neither Part 5.3 of the Road Transport Act 2013 nor this section derogate from 31
any other mode of proof of the speed of the heavy vehicle for the purposes of 32
the Heavy Vehicle National Law (NSW). 33
27F Section 10 of Crimes (Sentencing Procedure) Act 1999 not applicable in certain 34
circumstances 35
(1) Section 10 of the Crimes (Sentencing Procedure) Act 1999 does not apply if a 36
person is charged before a court with an applicable heavy vehicle offence if, 37
at the time of or during the period of 5 years immediately before the court's 38
determination in respect of the charge, that section is or has been applied to or 39
in respect of the person in respect of a charge for another applicable heavy 40
vehicle offence (whether of the same or a different kind). 41
(2) Each of the following is an applicable heavy vehicle offence for the purposes 42
of subsection (1): 43
(a) an offence against the Heavy Vehicle National Law (NSW) that involves 44
a severe risk breach of a mass, dimension or load restraint requirement 45
under that Law, 46
(b) an offence against Chapter 5 (Vehicle operations--speeding) of the 47
Heavy Vehicle National Law (NSW), 48
(c) an offence against Chapter 6 (Vehicle operations--driver fatigue) of the 49
Heavy Vehicle National Law (NSW), 50
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Heavy Vehicle (Adoption of National Law) Act 2013 No 42
(d) an offence referred to in section 203 (2) (e) or (f) of the Road Transport 1
Act 2013 (as in force immediately before its amendment by the Heavy 2
Vehicle (Adoption of National Law) Amendment Act 2013) or a former 3
corresponding offence, 4
(e) an offence of aiding, abetting, counselling or procuring the commission 5
of an offence referred to in paragraph (a), (b), (c) or (d). 6
(3) In this section: 7
former corresponding offence means an offence against a provision of an Act 8
or statutory rule that is a former corresponding provision within the meaning 9
of the Road Transport Act 2013 in relation to a provision referred to in section 10
203 (2) (e) or (f) of that Act (as in force immediately before its amendment by 11
the Heavy Vehicle (Adoption of National Law) Amendment Act 2013). 12
[23] Section 28 Local regulations 13
Omit "make regulations," from section 28 (1). 14
Insert instead "make regulations (local regulations),". 15
[24] Section 28 (2) 16
Omit "make regulations". Insert instead "make local regulations". 17
[25] Section 28 (3) 18
Omit "the regulations" wherever occurring. Insert instead "the local regulations". 19
[26] Section 28 (3) (a) 20
Omit the paragraph. Insert instead: 21
(a) amend Schedules 1 and 2 to insert, vary or omit modifications to the 22
Heavy Vehicle National Law set out in the Schedule to the Queensland 23
Act, or to the national regulations, for the purpose of altering their 24
application in New South Wales to heavy vehicles and to persons and 25
bodies in connection with heavy vehicles, and 26
[27] Section 28 (3) (b) and (c) 27
Omit the paragraphs. 28
[28] Section 28 (3A) 29
Insert after section 28 (3): 30
(3A) Without limiting subsection (3) (a), local regulations that amend Schedule 2 31
may amend that Schedule so as to insert, vary or omit modifications to any 32
national regulations (including any national regulations that were not included 33
in Schedule 2 when it first commenced). 34
[29] Section 28 (4) 35
Omit "regulations". Insert instead "local regulations". 36
[30] Section 28 (5) 37
Omit the subsection. 38
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[31] Sections 29 and 30 1
Insert after section 28: 2
29 Proceedings for offences against this Act and the local regulations 3
Proceedings for an offence against this Act or the local regulations are to be 4
dealt with summarily before the Local Court. 5
Note. Section 195 of the Road Transport Act 2013 enables an authorised officer to 6
issue penalty notices for offences against this Act or the local regulations that are 7
prescribed as a penalty notice offence by the statutory rules for the purposes of that 8
section. 9
30 Effect of amendment, repeal or expiry of modification 10
(1) Part 6 of Schedule 1 to the Heavy Vehicle National Law (NSW) applies to the 11
amendment, repeal or expiry of a modification set out in Schedule 1 or 2 to this 12
Act in the same way as it applies to the amendment, repeal or expiry of a 13
provision of that Law. 14
(2) However, the repeal or expiry of a modification has the effect of reviving the 15
modified provision to its unmodified state except to the extent (if any) that the 16
local regulations otherwise provide, whether expressly or by implication. 17
[32] Schedules 1-3 18
Omit Schedule 1. Insert instead: 19
Schedule 1 Modification of Heavy Vehicle National Law 20
as applying in New South Wales 21
(Section 4 (a)) 22
Note. The Heavy Vehicle National Law applies in this jurisdiction with the modifications set out in this 23
Schedule. 24
1.1 Modifications relating to registration 25
[1] Section 4 Regulatory framework to achieve object 26
Omit section 4 (b). 27
[2] Section 4 28
Insert at the end of the section: 29
Note-- Paragraph (b) is omitted for New South Wales pending the 30
commencement of the national scheme for the registration of heavy vehicles 31
under this Law. 32
[3] Section 5 Definitions 33
Omit the definitions of conditionally registered, GCM, GVM, registration, 34
registration exemption, registration number, unregistered heavy vehicle, 35
unregistered heavy vehicle permit and vehicle register. 36
Insert in alphabetical order: 37
Australian registration law means-- 38
(a) Chapter 4 (Vehicle registration) of the Road Transport Act 2013 39
of New South Wales and any statutory rules made for the 40
purposes of that Chapter (within the meaning of that Act); or 41
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(b) a law of another jurisdiction that substantially corresponds to the 1
legislation referred to in paragraph (a). 2
Note-- This definition is inserted for New South Wales pending the 3
commencement of the national scheme for the registration of heavy vehicles 4
under this Law. See, in particular, the Road Transport (Vehicle Registration) 5
Regulation 2007 of New South Wales for a statutory rule made for the purposes 6
of Chapter 4 of the Road Transport Act 2013 of New South Wales. 7
certificate of registration, for a heavy motor vehicle, means a certificate 8
relating to the registration of the vehicle under an Australian registration 9
law. 10
Note-- This definition is inserted for New South Wales pending the 11
commencement of the national scheme for the registration of heavy vehicles 12
under this Law. 13
conditionally registered, for a heavy motor vehicle, means the vehicle 14
is registered under an Australian registration law subject to conditions. 15
Note-- This is a substituted definition for New South Wales pending the 16
commencement of the national scheme for the registration of heavy vehicles 17
under this Law. 18
GCM (gross combination mass), of a motor vehicle, means the vehicle's 19
GCM as defined in section 4 (1) of the Road Transport Act 2013 of New 20
South Wales. 21
Note-- This is a substituted definition for New South Wales pending the 22
commencement of the national scheme for the registration of heavy vehicles 23
under this Law. 24
GVM (gross vehicle mass), of a vehicle, means the vehicle's GVM as 25
defined in section 4 (1) of the Road Transport Act 2013 of New South 26
Wales. 27
Note-- This is a substituted definition for New South Wales pending the 28
commencement of the national scheme for the registration of heavy vehicles 29
under this Law. 30
registration, of a heavy vehicle, means registration in Australia of the 31
vehicle as defined in section 7 (2) of the Road Transport Act 2013 of 32
New South Wales. 33
Note-- This is a substituted definition for New South Wales pending the 34
commencement of the national scheme for the registration of heavy vehicles 35
under this Law. 36
registration exemption means an exemption under an Australian 37
registration law from the requirement for a heavy vehicle to be 38
registered under the registration law. 39
Note-- This is a substituted definition for New South Wales pending the 40
commencement of the national scheme for the registration of heavy vehicles 41
under this Law. 42
registration number, for a heavy vehicle, means the identifying 43
number, however described, given to the vehicle in connection with the 44
registration of the vehicle under an Australian registration law. 45
Note-- This is a substituted definition for New South Wales pending the 46
commencement of the national scheme for the registration of heavy vehicles 47
under this Law. 48
RMS means Roads and Maritime Services constituted under the 49
Transport Administration Act 1988 of New South Wales. 50
Note-- This definition is inserted for New South Wales pending the 51
commencement of the national scheme for the registration of heavy vehicles 52
under this Law. 53
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unregistered heavy vehicle means a heavy vehicle that is not registered 1
in a vehicle register. 2
Note-- This is a substituted definition for New South Wales pending the 3
commencement of the national scheme for the registration of heavy vehicles 4
under this Law. 5
unregistered heavy vehicle permit means a permit issued under an 6
Australian registration law authorising the use of an unregistered heavy 7
vehicle on a road. 8
Note-- This is a substituted definition for New South Wales pending the 9
commencement of the national scheme for the registration of heavy vehicles 10
under this Law. 11
vehicle register means an Australian registrable vehicles register as 12
defined in section 4 (1) of the Road Transport Act 2013 of New South 13
Wales. 14
Note-- This is a substituted definition for New South Wales pending the 15
commencement of the national scheme for the registration of heavy vehicles 16
under this Law. 17
[4] Section 6 Meaning of heavy vehicle 18
Omit "other than in relation to registration under this Law" from section 6 (2). 19
[5] Section 6 (2) 20
Insert at the end of the subsection: 21
Note-- Subsection 6 (2) is amended for New South Wales pending the 22
commencement of the national scheme for the registration of heavy vehicles 23
under this Law by omitting "other than in relation to registration under this Law". 24
[6] Chapter 2 25
Omit the Chapter. Insert instead: 26
Chapter 2 Registration 27
Note-- Chapter 2 is omitted for New South Wales pending the commencement of the national 28
scheme for the registration of heavy vehicles under this Law. Heavy vehicles will continue to 29
be registered under the local law of each participating jurisdiction until that commencement. 30
For New South Wales, see the Road Transport Act 2013. 31
[7] Section 60 Compliance with heavy vehicle standards 32
Omit section 60 (3)-(5). Insert instead: 33
(3) A person does not commit an offence against subsection (1) in relation 34
to a heavy vehicle's noncompliance with a heavy vehicle standard if, 35
and to the extent, the noncompliance relates to a noncompliance-- 36
(a) if the vehicle is registered under the Road Transport Act 2013 of 37
New South Wales--known to RMS; or 38
(b) if the vehicle is registered under another Australian registration 39
law--known to the government entity of the jurisdiction 40
responsible for administering the registration law when the 41
vehicle was registered under that registration law. 42
(4) For the purposes of subsection (3), RMS, or the jurisdiction's 43
government entity, is taken to know of a heavy vehicle's 44
noncompliance with a heavy vehicle standard when the vehicle was 45
registered under an Australian registration law if the noncompliance is 46
mentioned in-- 47
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(a) an operations plate that was installed on the vehicle when it was 1
registered; or 2
(b) a certificate of approved operations issued for the vehicle and in 3
force when the vehicle was registered; or 4
(c) a document obtained by RMS or the government entity under an 5
Australian registration law in connection with the registration of 6
the vehicle. 7
(5) Subsection (3) applies only if the heavy vehicle, and its use on a road, 8
complies with the conditions of the registration. 9
Note-- Subsections (3)-(5) are substituted provisions for New South Wales 10
pending the commencement of the national scheme for the registration of heavy 11
vehicles under this Law. 12
[8] Section 458 Regulator's power to grant heavy vehicle accreditation 13
Omit "under this Law" from section 458 (a). 14
[9] Section 458 15
Insert at the end of the section: 16
Note-- Section 458 (a) is amended for New South Wales pending the 17
commencement of the national scheme for the registration of heavy vehicles 18
under this Law by omitting "under this Law". 19
[10] Section 520 Power to enter and inspect heavy vehicles for monitoring 20
purposes 21
Insert "or an Australian registration law" after "this Law" in section 520 (2) (b). 22
[11] Section 520 (2) 23
Insert at the end of the subsection: 24
Note-- Subsection (2) (b) is amended for New South Wales pending the 25
commencement of the national scheme for the registration of heavy vehicles 26
under this Law by inserting "or an Australian registration law" after "this Law". 27
[12] Section 521 Power to enter and search heavy vehicle involved, or suspected to 28
be involved, in an offence etc. 29
Insert "or an Australian registration law" after "this Law" in section 521 (3) (c). 30
[13] Section 521 (3) 31
Insert at the end of the subsection: 32
Note-- Subsection (3) (c) is amended for New South Wales pending the 33
commencement of the national scheme for the registration of heavy vehicles 34
under this Law by inserting "or an Australian registration law" after "this Law". 35
[14] Section 527 Requirements about vehicle defect notice 36
Omit section 527 (1) (i). Insert instead: 37
(i) that, if the notice is not cleared by the Regulator under section 38
530, the vehicle's registration in the NSW registrable vehicles 39
register under the Road Transport Act 2013 of New South Wales 40
may be suspended or cancelled under that Act; 41
Note-- This paragraph is substituted for New South Wales pending the 42
commencement of the national scheme for the registration of heavy 43
vehicles under this Law. 44
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[15] Section 598 Power to cancel or suspend vehicle registration 1
Omit "the Regulator is" from section 598 (5). 2
Insert instead "the Regulator and RMS are". 3
[16] Section 598 (5) 4
Insert at the end of the subsection: 5
Note-- This subsection is amended for New South Wales pending the 6
commencement of the national scheme for the registration of heavy vehicles 7
under this Law by replacing "the Regulator is" with "the Regulator and RMS are". 8
[17] Section 598 (6) 9
Insert after section 598 (5): 10
(6) In this section-- 11
registration means registration in the NSW registrable vehicles register 12
under the Road Transport Act 2013 of New South Wales. 13
Note-- This subsection is inserted for New South Wales pending the 14
commencement of the national scheme for the registration of heavy vehicles 15
under this Law. 16
[18] Section 659 Functions of Regulator 17
Omit section 659 (2) (a) (i). 18
[19] Section 659 (2) 19
Insert at the end of the subsection: 20
Note-- Paragraph (a) (i) is omitted for New South Wales pending the 21
commencement of the national scheme for the registration of heavy vehicles 22
under this Law. 23
[20] Section 711 Evidence by certificate by Regulator and RMS generally 24
Omit "registered under this Law" wherever occurring in section 711 (1) (a), (b), (c) 25
and (d). 26
Insert instead "registered". 27
[21] Section 711 (1) (h) 28
Omit the paragraph. Insert instead: 29
(h) a stated registration was or was not amended, suspended or 30
cancelled or a stated heavy vehicle accreditation, exemption, 31
authorisation, permit or other authority under this Law was or 32
was not amended, suspended or cancelled under this Law; or 33
[22] Section 711 (1) 34
Insert at the end of the subsection: 35
Note-- This subsection is amended for New South Wales pending the 36
commencement of the national scheme for the registration of heavy vehicles 37
under this Law by replacing "registered under this Law" with "registered". 38
Paragraph (h) is also substituted for New South Wales. 39
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[23] Section 711 (1A) 1
Insert after section 711 (1): 2
(1A) Without limiting section 712, a certificate purporting to be issued by 3
RMS and stating a matter referred to in section 711 (1) (a)-(d) and (h), 4
at a stated time or during a stated period, is evidence of the matter. 5
Note-- This subsection is inserted for New South Wales pending the 6
commencement of the national scheme for the registration of heavy vehicles 7
under this Law. 8
1.2 Modifications relating to other matters 9
[1] Section 5 Definitions 10
Insert in alphabetical order: 11
private hire vehicle means a private hire vehicle within the meaning of 12
the Passenger Transport Act 1990 of New South Wales. 13
Note-- This definition is inserted for New South Wales. 14
public passenger service means a public passenger service within the 15
meaning of the Passenger Transport Act 1990 of New South Wales. 16
Note-- This definition is inserted for New South Wales. 17
[2] Section 93 Person must not tamper with speed limiter fitted to heavy vehicle 18
Insert after section 93 (8): 19
(8A) Nothing in this section limits the application of Part 6.2 (Speed limiting 20
of heavy vehicles) of the Road Transport Act 2013 of New South Wales 21
to a heavy vehicle to which that Part applies. 22
Note-- This subsection is inserted for New South Wales. Part 6.2 of the Road 23
Transport Act 2013 of New South Wales provides that the responsible person 24
for a vehicle to which that Part applies is guilty of an offence unless the vehicle 25
is speed limiter compliant (within the meaning of that Part) when the vehicle is 26
being driven on a road. 27
[3] Section 93A 28
Insert after section 93: 29
93A Monitoring of heavy vehicles and vehicles carrying dangerous goods 30
[NSW] 31
(1) Part 6.1 of the Road Transport Act 2013 of New South Wales makes 32
provision for the monitoring of the journeys on roads of certain heavy 33
vehicles with GVMs or GCMs exceeding 13.9 tonnes and vehicles 34
carrying dangerous goods. 35
(2) The requirements of that Part are in addition to, and do not limit the 36
effect of, any other provisions of this Law concerning the use of 37
monitoring devices or equipment (such as intelligent transport systems) 38
and the keeping of journey documentation or other records for a heavy 39
vehicle. 40
Note-- This section is inserted for New South Wales. 41
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[4] Sections 203A and 203B 1
Insert after section 203: 2
203A Exemptions for emergency services [NSW] 3
(1) A person who is an officer, member or member of staff of an emergency 4
service is exempt from the provisions of this Chapter, but only in 5
relation to the driving of a heavy vehicle in the course of undertaking 6
work for an emergency service. 7
(2) An emergency service is any of the following-- 8
(a) the NSW State Emergency Service established under the State 9
Emergency Service Act 1989 of New South Wales; 10
(b) Fire and Rescue NSW and any permanent fire brigade or 11
volunteer fire brigade within the meaning of the Fire Brigades 12
Act 1989 of New South Wales; 13
(c) the NSW Rural Fire Service established by the Rural Fires Act 14
1997 of New South Wales; 15
(d) the Ambulance Service of NSW within the meaning of the Health 16
Services Act 1997 of New South Wales; 17
(e) the NSW Police Force established by the Police Act 1990 of New 18
South Wales; 19
(f) New South Wales Volunteer Rescue Association Inc; 20
(g) a government agency of another jurisdiction, or a body 21
authorised under the law of another jurisdiction, that has 22
corresponding functions to the bodies referred to in any of the 23
above paragraphs. 24
Note-- This section is inserted for New South Wales. 25
203B Exemptions for buses and private hire vehicles [NSW] 26
(1) A person is exempt from the requirements of this Chapter (other than 27
those of sections 205 and 206) in relation to the driving of a heavy 28
vehicle that is a private hire vehicle or a bus. 29
(2) Subsection (1) does not apply to the driving of a bus for the purpose of 30
providing a public passenger service. 31
Note-- Persons carrying on public passenger services by means of a bus are 32
required to be accredited under the Passenger Transport Act 1990 of New 33
South Wales. 34
Note-- This section is inserted for New South Wales. 35
[5] Sections 222A and 222B 36
Insert after section 222: 37
222A Exemptions for accredited service operators and their drivers [NSW] 38
(1) Section 459 (3) and (4) do not apply in relation to an accredited service 39
operator. 40
(2) The BFM standards and AFM standards relating to assessing a driver's 41
health to determine his or her fitness to drive do not apply in relation to 42
an accredited service operator to the extent that those standards are 43
relevant for the purposes of sections 459 and 467. 44
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(3) Section 468 does not apply to the driver of a bus that is a 1
fatigue-regulated heavy vehicle when the driver is driving the bus for an 2
accredited service operator if-- 3
(a) the bus is on a journey that is less than 100 kilometres from the 4
driver's base; or 5
(b) the bus is being used to provide a regular bus service under a 6
service contract (regardless of the distance travelled). 7
(4) In this section-- 8
accredited service operator, regular bus service and service contract 9
have the same meanings as in the Passenger Transport Act 1990 of New 10
South Wales. 11
Note-- This section is inserted for New South Wales. 12
222B Exemptions for certain buses and private hire vehicles [NSW] 13
(1) A person is exempt from the requirements of this Chapter (other than 14
those of Division 2 of Part 6.2) in relation to the driving of a private hire 15
vehicle, or the driving of a bus, that is a fatigue-regulated heavy vehicle. 16
(2) Subsection (1) does not apply to the driving of a bus for the purpose of 17
providing a public passenger service. 18
Note-- Persons carrying on public passenger services by means of a bus are 19
required to be accredited under the Passenger Transport Act 1990 of New 20
South Wales. 21
Note-- This section is inserted for New South Wales. 22
[6] Section 246 Counting periods of less than 15 minutes 23
Insert at the end of the section: 24
(5) This section does not apply to the work time and rest time of a driver of 25
a fatigue-regulated heavy vehicle that is a bus on a journey undertaken 26
in accordance with a service contract entered into under Part 3 of the 27
Passenger Transport Act 1990 of New South Wales. 28
Note-- Subsection (5) is inserted for New South Wales. 29
[7] Sections 248A and 248B 30
Insert after section 248: 31
248A Occupying driver's seat to count as rest time in certain circumstances 32
[NSW] 33
(1) A period during which the driver of a fatigue-regulated heavy vehicle 34
occupies the driver's seat of the vehicle while its engine is running 35
counts as rest time rather than work time if-- 36
(a) the vehicle is stationary during that period; and 37
(b) the driver is not subject to work demands during that period; and 38
(c) the period is at least 15 minutes or forms part of a period of rest 39
time of at least 15 minutes. 40
Note-- Section 246 provides for the manner in which periods of rest time are to be 41
calculated. 42
(2) This section has effect despite paragraph (d) of the definition of work in 43
section 221. 44
Note-- This section is inserted for New South Wales. 45
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
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248B Certain personal activities may be counted as part of rest time [NSW] 1
(1) A rest period of at least 24 continuous hours of stationary rest time that 2
is required to be taken by a driver of a fatigue-regulated heavy vehicle 3
under this Chapter may include a period of up to one continuous hour of 4
permitted personal activity that is to be treated as part of that rest time, 5
but only if-- 6
(a) the permitted personal activity is not done at the direction of the 7
driver's employer or for fee or reward; and 8
(b) the beginning of the period of permitted personal activity occurs 9
at least 3 hours after the beginning of the 24-hour rest period; and 10
(c) the end of the period of permitted personal activity occurs at least 11
3 hours before the end of the 24-hour rest period. 12
(2) A permitted personal activity means any of the following-- 13
(a) cleaning or refuelling a fatigue-regulated heavy vehicle; 14
(b) driving a fatigue-regulated heavy vehicle. 15
(3) This section has effect despite the definitions of rest and work in 16
section 221. 17
Note-- This section is inserted for New South Wales. 18
[8] Section 257A 19
Insert after section 257: 20
257A AFM hours outer limits [NSW] 21
(1) This section applies to an AFM accreditation (an affected AFM 22
accreditation) that specifies either or both of the following for a driver 23
of a fatigue-regulated heavy vehicle operating under the accreditation-- 24
(a) maximum work times applying for a period for the driver that are 25
greater than the NSW maximum work times specified under the 26
NSW AFM hours outer limits for that period; 27
(b) minimum rest times applying for a period for the driver that are 28
greater than the NSW minimum rest times specified under the 29
NSW AFM hours outer limits for that period. 30
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
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(2) The NSW AFM hours outer limits are as follows-- 1
NSW AFM hours outer limits 2
Column 1 Column 2 Column 3
Total period NSW maximum work NSW minimum rest time
time
In any period of... a driver must not and must have the rest of
work for more than... that period off work, with
at least...
24 hours 15 hours work time 6 continuous hours
stationary rest time (or in
the case of a two-up driver,
rest in an approved sleeper
berth); or
8 hours stationary rest time
(or in the case of a two-up
driver, rest in an approved
sleeper berth) taken in no
more than 2 blocks
14 days (336 hours) 154 hours work time 2 � 7 continuous hours
stationary rest time between
10 pm on a day and 8 am on
the next day, using the time
zone of the base of the
driver
28 days (672 hours) 288 hours work time 4 � 24 continuous hours
stationary rest time
(3) An affected AFM accreditation that specifies maximum work times that 3
are greater than the maximum work times specified under the NSW 4
AFM hours outer limits is taken for the purposes of this Law to have 5
specified the NSW maximum work times under the NSW AFM hours 6
outer limits. 7
(4) An affected AFM accreditation that specifies minimum rest times that 8
are greater than the minimum rest times specified under the NSW AFM 9
hours outer limits is taken for the purposes of this Law to have specified 10
the NSW minimum rest times under the NSW AFM hours outer limits. 11
(5) A provision in any of the following does not have effect to the extent 12
that it requires or permits the use or application of AFM hours that are 13
greater than those specified under the NSW AFM hours outer limits-- 14
(a) an AFM accreditation; 15
(b) this Chapter (including section 257); 16
(c) an exemption, notice or permit issued or granted under 17
Division 8. 18
(6) The responsible Minister for this jurisdiction may, by notice published 19
in the New South Wales Government Gazette, exempt (with or without 20
conditions) an affected AFM accreditation, or class of affected AFM 21
accreditations, from any or all of the provisions of this section. 22
(7) The responsible Minister for this jurisdiction is to notify the Regulator 23
in writing about the granting, or the amendment or repeal, of an 24
exemption. 25
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
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(8) A failure to comply with subsection (7) does not affect the validity of an 1
exemption or an amendment or repeal of an exemption. 2
Note-- This section is inserted for New South Wales. 3
[9] Sections 265 and 265A 4
Omit section 265. Insert instead: 5
265 Exemptions for emergency services [NSW] 6
(1) A person who is an officer, member or member of staff of an emergency 7
service is exempt from the provisions of this Chapter, but only in 8
relation to the driving of a fatigue-regulated heavy vehicle in the course 9
of undertaking work for an emergency service. 10
(2) An emergency service is any of the following-- 11
(a) the NSW State Emergency Service established under the State 12
Emergency Service Act 1989 of New South Wales; 13
(b) Fire and Rescue NSW and any permanent fire brigade or 14
volunteer fire brigade within the meaning of the Fire Brigades 15
Act 1989 of New South Wales; 16
(c) the NSW Rural Fire Service established by the Rural Fires Act 17
1997 of New South Wales; 18
(d) the Ambulance Service of NSW within the meaning of the Health 19
Services Act 1997 of New South Wales; 20
(e) the NSW Police Force established by the Police Act 1990 of New 21
South Wales; 22
(f) New South Wales Volunteer Rescue Association Inc; 23
(g) a government agency of another jurisdiction, or a body 24
authorised under the law of another jurisdiction, that has 25
corresponding functions to the bodies referred to in any of the 26
above paragraphs. 27
(3) The exemption provided by this section is in addition to, and does not 28
limit the effect of, the exemption provided by section 265A. 29
Note-- This section is substituted for New South Wales. 30
265A Exemptions in relation to emergencies [NSW] 31
(1) A person who is attending an emergency and who is undertaking 32
activities with respect to the control of the emergency in the course of 33
his or her employment or usual business activities is exempt from 34
compliance with this Part in relation to the driving of a fatigue-regulated 35
heavy vehicle to and from the emergency so long as subsection (2) is 36
complied with. 37
(2) Any record that would be required to be made under this Chapter if the 38
exemption under subsection (1) were not available-- 39
(a) must be made as soon as practicable after the journey from the 40
emergency is completed; and 41
(b) must include a record of the following-- 42
(i) the time, date, location and nature of the emergency; 43
(ii) if the person was asked by another person to attend the 44
emergency, the name and contact details of that other 45
person. 46
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(3) In this section, emergency means an event (or an anticipated event) 1
that-- 2
(a) endangers, or may endanger, life, property or the environment; or 3
(b) has disrupted, or may disrupt, communications, energy, water 4
supply or sewerage services; or 5
(c) is declared to be an emergency or disaster by-- 6
(i) the Commonwealth or a State or Territory; or 7
(ii) a Commonwealth, State or Territory authority responsible 8
for managing responses to emergencies or disasters. 9
Note-- This section is inserted for New South Wales. 10
[10] Section 497 General power to enter places 11
Omit section 497 (8). Insert instead: 12
(8) An authorised officer may use force that is reasonably necessary for 13
exercising a power under this section. 14
Note-- This subsection is substituted for New South Wales. 15
[11] Section 498 Power to enter a place if evidence suspected to be at the place 16
Omit section 498 (6) and (7). Insert instead: 17
(6) An authorised officer may use force that is reasonably necessary for 18
gaining entry to a place under this section. 19
Note-- This subsection is substituted for New South Wales and subsection (7) 20
is omitted for New South Wales. 21
[12] Section 499 Power to enter particular places if incident involving death, injury 22
or damage 23
Omit section 499 (7). Insert instead: 24
(7) An authorised officer may use force that is reasonably necessary for 25
exercising a power under this section. 26
Note-- This subsection is substituted for New South Wales. 27
[13] Section 500 General powers after entering a place 28
Omit "section 497 (1) (c)" from section 500 (2) (c). 29
Insert instead "section 497, 498 or 499". 30
[14] Section 500 (2) 31
Insert at the end of the subsection: 32
Note-- Subsection (2) (c) is amended for New South Wales by replacing 33
"section 497 (1) (c)" with "section 497, 498 or 499". 34
[15] Section 521 Power to enter and search heavy vehicle involved, or suspected to 35
be involved, in an offence etc. 36
Omit section 521 (6). 37
[16] Section 521 38
Insert at the end of the section: 39
Note-- Section 521 (6) is omitted for New South Wales. 40
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Heavy Vehicle (Adoption of National Law) Act 2013 No 42
[17] Section 567 Power to require name, address and date of birth 1
Insert at the end of the section: 2
Note-- See also section 26 (Requirement for driver of heavy motor vehicle to 3
produce Australian driver licence) of the Application Act of this jurisdiction. This 4
note is inserted for New South Wales. 5
Schedule 2 Modification of national regulations as 6
applying in New South Wales 7
(Section 5 (a)) 8
Note. The national regulations referred to in this Schedule apply in this jurisdiction with the 9
modifications set out in this Schedule. 10
2.1 Heavy Vehicle (Fatigue Management) National Regulation 11
[1] Section 11 Risk category for contraventions of AFM hours [NSW] 12
Insert the following note at the end of the section: 13
Note-- Schedule 4, as referred to in this section, has been substituted for New 14
South Wales. 15
[2] Schedule 4 16
Omit the Schedule. Insert instead: 17
Schedule 4 Risk categories for contraventions of 18
AFM hours [NSW] 19
(section 11) 20
Note-- Schedule 4 has been substituted for New South Wales. 21
Part 1 General 22
Table Categories of contraventions generally applicable 23
Column 2: Category of breach
Column 1: Total Circumstance of Circumstance of
period contravention contravention
relating to work time relating to rest time Risk category
In any period of... If a driver has If a driver has had less ... the following
exceeded the maximum than the minimum rest category of breach is
work time by... time by... committed...
Less than 7 days 45 minutes work time 45 minutes rest time minor risk breach
>45 but 75 minutes >45 but 75 minutes substantial risk
work time rest time breach
>75 but 90 minutes >75 but 90 minutes severe risk breach
work time rest time
>90 minutes work >90 minutes rest time critical risk breach
time
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Heavy Vehicle (Adoption of National Law) Act 2013 No 42
Column 2: Category of breach
Column 1: Total Circumstance of Circumstance of
period contravention contravention
relating to work time relating to rest time Risk category
7 days or more 11/2 hours work time minor risk breach
>11/2 but 21/2 hours substantial risk
work time breach
>21/2 but 3 hours severe risk breach
work time
>3 hours work time critical risk breach
Part 2 Escalated risk contraventions 1
Table 1 Thresholds for escalated risk contraventions 2
Column 1 Column 2 Column 3
Total period Maximum work time Minimum rest time
In any period of... ...a driver must not work for ...a driver must not rest for less
more than... than...
24 hours 15 hours work time (a) 6 continuous hours
stationary rest time (or in
the case of a two-up driver,
rest in an approved sleeper
berth); or
(b) 8 hours stationary rest time
(or in the case of a two-up
driver, rest in an approved
sleeper berth) taken in no
more than 2 blocks
14 days (336 hours) 154 hours work time 2 � 7 continuous hours stationary
rest time between 10 pm on a day
and 8 am on the next day, using the
time zone of the base of the driver
28 days (672 hours) 288 hours work time 4 � 24 continuous hours stationary
rest time
Table 2 Categories of contraventions for escalated risk contraventions 3
Column 2: Category of breach
Column 1: Total Circumstance of Circumstance of
period contravention relating contravention
to work time relating to rest time Risk category
In any period of... If a driver has exceeded If a driver has had ...the following
the maximum work time less than the minimum category of breach
by... rest time by... is committed...
Less than 7 days 15 minutes work time 15 minutes rest time substantial risk
breach
>15 minutes but 30 >15 minutes but 30 severe risk breach
minutes work time minutes rest time
>30 minutes work time >30 minutes rest time critical risk breach
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Heavy Vehicle (Adoption of National Law) Act 2013 No 42
Column 2: Category of breach
Column 1: Total Circumstance of Circumstance of
period contravention relating contravention
to work time relating to rest time Risk category
28 days, if the 30 minutes work time substantial risk
period is 7 days or breach
more
>30 minutes but 1 hour severe risk breach
work time
>1 hour work time critical risk breach
2.2 Heavy Vehicle (Vehicle Standards) National Regulation 1
[1] Schedule 2 Other vehicle standards applying to single heavy vehicles 2
Omit Division 16 of Part 6. Insert instead: 3
Division 16 Warning lights and signs on buses carrying 4
children 5
Note-- Division 16 is omitted for New South Wales. For the use of warning lights and signs on 6
school buses in New South Wales, see rules 221-1, 222-2 and 300-4 of the Road Rules 2008 7
and clauses 24 and 25 of the Road Transport (General) Regulation 2013. 8
[2] Schedule 2, section 79 Other lights and reflectors 9
Insert after section 79 (7): 10
(7A) Despite anything to the contrary in this section or a third edition ADR, 11
a heavy vehicle must not be fitted with a light or reflector if the light or 12
reflector is fitted in a manner or in circumstances that would be 13
prohibited by clause 124 of Schedule 2 to the Road Transport (Vehicle 14
Registration) Regulation 2007 of New South Wales in relation to a light 15
vehicle being used for the same purpose as the heavy vehicle. 16
Note-- This subsection is inserted for New South Wales. 17
Schedule 3 Savings, transitional and other provisions 18
Part 1 General 19
1 Regulations 20
(1) The local regulations may contain provisions of a savings or transitional nature 21
consequent on any of the following: 22
(a) the enactment of this Act or any Act that amends this Act, 23
(b) the enactment of any Act of Queensland that amends the Heavy Vehicle 24
National Law set out in the Schedule to the Queensland Act, 25
(c) the amendment of Schedule 1 or 2 by the local regulations. 26
(2) If the local regulations so provide, any such provision may: 27
(a) have effect despite any specified provisions of this Act (including a 28
provision of this Schedule) or the Heavy Vehicle National Law (NSW), 29
and 30
(b) in the case of a provision consequent on the enactment of an Act 31
(whether of this State or Queensland)--take effect from the date of 32
assent to the Act concerned or a later date. 33
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Heavy Vehicle (Adoption of National Law) Act 2013 No 42
(3) To the extent to which any such provision takes effect from a date that is 1
earlier than the date of its publication on the NSW legislation website, the 2
provision does not operate so as: 3
(a) to affect, in a manner prejudicial to any person (other than the State or 4
an authority of the State), the rights of that person existing before the 5
date of its publication, or 6
(b) to impose liabilities on any person (other than the State or an authority 7
of the State) in respect of anything done or omitted to be done before the 8
date of its publication. 9
(4) Local regulations made for the purposes of this clause may make separate 10
savings and transitional provisions or amend this Schedule to consolidate the 11
savings and transitional provisions. 12
Part 2 Provisions consequent on enactment of this Act 13
and the Heavy Vehicle (Adoption of National Law) 14
Amendment Act 2013 15
Division 1 Definitions 16
2 Definitions 17
In this Part: 18
amending Act means the Heavy Vehicle (Adoption of National Law) 19
Amendment Act 2013. 20
former legislation--see clause 4. 21
general savings and transitional provision means section 748 of the Law. 22
participation day means the day on which section 4 (Application of Heavy 23
Vehicle National Law) of the Heavy Vehicle (Adoption of National Law) Act 24
2013 commences. 25
the Law means the Heavy Vehicle National Law (NSW). 26
Division 2 Operation of general savings and transitional provision 27
3 Operation of general savings and transitional provision 28
The general savings and transitional provision has effect according to its terms 29
except to the extent to which this Division makes contrary provision. 30
4 Declaration of former legislation 31
Despite Part 14.2 of the Law, the following are declared to be the former 32
legislation for the purposes of Part 14.2 of the Law and this Part: 33
(a) the road transport legislation within the meaning of the Road Transport 34
Act 2013 as in force immediately before the participation day, 35
(b) the former road transport legislation (as defined in clause 2 of Schedule 36
4 to the Road Transport Act 2013) to the extent that it continued in force 37
under Part 2 of that Schedule immediately before the participation day. 38
Note. Section 6 of the Road Transport Act 2013, as in force immediately before the 39
participation day, defined road transport legislation to mean the following: 40
(a) the Road Transport Act 2013 and the statutory rules under that Act, 41
(b) the Road Transport (Vehicle and Driver Management) Act 2005 and the 42
regulations under that Act, 43
(c) the Motor Vehicles Taxation Act 1988 and the regulations under that Act, 44
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Heavy Vehicle (Adoption of National Law) Act 2013 No 42
(d) any other Act or statutory rule made under any other Act (or any provision of 1
such an Act or statutory rule) that is prescribed by the statutory rules under the 2
Road Transport Act 2013. 3
5 Investigation and enforcement of offences committed before participation day 4
(1) For the avoidance of doubt, it is declared that the general savings and 5
transitional provision does not affect the operation of section 30 of the 6
Interpretation Act 1987 in relation to a relevant offence. 7
(2) The former legislation, as in force before the participation day, continues to 8
apply for the purposes of a relevant offence: 9
(a) as if the Law was not in force, and 10
(b) if any of the former legislation was amended on that day--as if it had 11
not been amended on that day. 12
(3) Without limiting subclauses (1) and (2): 13
(a) the former legislation, as in force before the participation day, continues 14
to have effect for all matters arising, whether before, on or after the 15
participation day: 16
(i) in the investigation of the relevant offence, or 17
(ii) in the enforcement of any of the former legislation in relation to 18
the relevant offence, and 19
(b) proceedings for the relevant offence or an associated offence may be 20
commenced under any of the former legislation as in force before the 21
participation day, and 22
(c) the Fines Act 1996, as in force before the participation day, applies to 23
the relevant offence and any associated offence. 24
(4) Section 748 (5) of the Law applies to a relevant prosecution as if it were a 25
prosecution referred to in section 748 (3) (c) of the Law. 26
(5) In this clause: 27
associated offence means any offence arising out of any investigation or 28
enforcement as mentioned in subclause (3) (a). 29
relevant offence means an offence committed or suspected to have been 30
committed under the former legislation before the participation day. 31
relevant prosecution means the prosecution of: 32
(a) a relevant offence, and 33
(b) any other offence that, under this clause, is dealt with as an offence 34
under any of the former legislation. 35
6 Corresponding provision declaration of certain existing accreditation 36
schemes 37
(1) This clause applies in relation to each of the following schemes (an existing 38
accreditation scheme): 39
(a) the Hire Trailer Maintenance Management Accreditation Scheme 40
referred to in clause 72 of the Road Transport (Vehicle Registration) 41
Regulation 2007 (as in force immediately before its repeal by the 42
amending Act), 43
(b) the NSW Livestock Loading Scheme approved for the purposes of 44
paragraph (b) of the definition of Mass Management Accreditation 45
Scheme in the Dictionary of the Road Transport (Mass, Loading and 46
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Heavy Vehicle (Adoption of National Law) Act 2013 No 42
Access) Regulation 2005 (as in force immediately before the 1
participation day). 2
Note. See also the Ministerial Declaration (NSW Livestock Loading Scheme) Order 3
2012 originally made under section 16 of the former Road Transport (General) Act 4
2005. 5
(2) It is declared that accreditation under an existing accreditation scheme has 6
effect, on and from the participation day, for the purposes of the Law as if: 7
(a) the Law had been in force when the accreditation was granted, and 8
(b) the accreditation were the accreditation to which it corresponds under 9
section 458 of the Law, and 10
(c) the accreditation had been granted under the Law on the participation 11
day for the period of: 12
(i) in the case of the Hire Trailer Maintenance Management 13
Accreditation Scheme--3 years, or 14
(ii) in the case of the NSW Livestock Loading Scheme--5 years. 15
(3) RMS is to exercise all of the functions of the Regulator under the National Law 16
instead of the Regulator in relation to the NSW Livestock Loading Scheme as 17
if RMS were the Regulator. 18
(4) Without limiting subclause (3), the functions of the Regulator that RMS may 19
exercise in relation to the NSW Livestock Loading Scheme instead of the 20
Regulator because of that subclause include (but are not limited to) the 21
following: 22
(a) the charging of fees, 23
(b) the issuing of business rules, 24
(c) the setting of conditions and requirements, 25
(d) the issuing of forms and labels. 26
(5) Without limiting subclauses (3) and (4), the local regulations may make 27
provision for or with respect to the modification of the provisions of Chapter 28
8 of the Law in their application to the NSW Livestock Loading Scheme 29
(including in relation to the business rules applicable to the Scheme and the 30
admission of new participants to the Scheme). 31
(6) Nothing in this clause limits the application of the general savings and 32
transitional provision or section 61 (Accreditations not granted under former 33
legislation) of the Heavy Vehicle (General) National Regulation (NSW) to 34
accreditation under any other accreditation scheme in operation in New South 35
Wales before the participation day. 36
7 Authorised officers 37
Despite section 748 (3) (a) of the Law, a person who, immediately before the 38
participation day, was an authorised officer appointed (or taken to have been 39
appointed) under section 166 of the Road Transport Act 2013 is taken, on and 40
from that day, to be an authorised officer for the purposes of the Law as if he 41
or she had been appointed by the Regulator under section 481 of the Law. 42
8 Approved vehicle examiners 43
Despite Part 14.2 of the Law, a person who was a licensed certifier within the 44
meaning of Part 5A (Certification of vehicles) of the Road Transport (Vehicle 45
Registration) Regulation 2007 immediately before the participation day is 46
taken, on and from that day, to be an approved vehicle examiner for the 47
purposes of Part 3.3 of the Law as if he or she had been approved as a vehicle 48
Page 28
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Heavy Vehicle (Adoption of National Law) Act 2013 No 42
examiner under the national regulations (as referred to in section 731 of the 1
Law) for this purpose. 2
9 Declaratory regulation-making power for general savings and transitional 3
provision 4
(1) The local regulations may make provision of a declaratory nature (a 5
declaratory provision), as provided for in subclause (2), in relation to the 6
operation of the general savings and transitional provision. 7
(2) A declaratory provision may, in relation to a particular thing done under the 8
former legislation before the participation day: 9
(a) declare that the general savings and transitional provision applies to it, 10
or 11
(b) declare how the general savings and transitional provision applies to it, 12
or 13
(c) declare that the general savings and transitional provision does not 14
apply to it, and provide how the thing must otherwise be dealt with. 15
(3) A declaratory provision has effect according to its terms. 16
(4) The operation of the general savings and transitional provision is not limited 17
by the making of a declaratory provision other than to the extent provided for 18
in the provision. 19
(5) To the extent to which a declaratory provision takes effect from a date that is 20
earlier than the date of its publication on the NSW legislation website, the 21
provision does not operate so as: 22
(a) to affect, in a manner prejudicial to any person (other than the State or 23
an authority of the State), the rights of that person existing before the 24
date of its publication, or 25
(b) to impose liabilities on any person (other than the State or an authority 26
of the State) in respect of anything done or omitted to be done before the 27
date of its publication. 28
(6) Any local regulation making provision as provided for in clause 1 is not 29
limited by this clause. 30
(7) A declaratory provision must declare that it is a declaratory provision. 31
Division 3 Miscellaneous 32
10 Heavy Vehicle (Adoption of National Law) Regulation 2013 33
(1) Schedule 4 to the amending Act is taken to be and has effect as a local 34
regulation under this Act. 35
(2) Part 2 of the Subordinate Legislation Act 1989 does not apply to the regulation 36
set out in Schedule 4 to the amending Act (but applies to any amendment or 37
repeal of the regulation). 38
(3) For the purposes of section 10 of the Subordinate Legislation Act 1989, the 39
regulation set out in Schedule 4 to the amending Act is taken to have been 40
published on the participation day. 41
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Heavy Vehicle (Adoption of National Law) Act 2013 No 42
(4) Sections 39, 40 and 41 of the Interpretation Act 1987 do not apply to the 1
regulation set out in Schedule 4 to the amending Act (but apply to any 2
amendment or repeal of the regulation). 3
Note. The continued effect of the regulation set out in Schedule 4 to the amending Act 4
is unaffected by the repeal of that Schedule. See section 30 of the Interpretation Act 5
1987. 6
11 Updating of references to former legislation in connection with heavy vehicles 7
(1) Subclauses (2)-(4) apply to references in any other Act or in any instrument 8
made under any other Act other than: 9
(a) a reference in the Road Transport Act 2013 or an instrument made under 10
that Act, or 11
(b) a reference in the amending Act, or 12
(c) a reference in a provision of another Act or statutory rule made under 13
another Act that is a reference that was inserted or substituted by, or 14
retained despite, an amendment made to the provision by the amending 15
Act, or 16
(d) a reference in a provision of another Act or statutory rule made under 17
another Act (as amended, substituted or inserted by the amending Act), 18
or 19
(e) such references as may be prescribed by the local regulations. 20
(2) Subject to subclause (3), a reference to the former Road Transport (Vehicle 21
and Driver Management) Act 2005 or Road Transport (Vehicle and Driver 22
Management) Regulation 2005 is to be read, on and from the participation day, 23
as a reference to the Law. 24
(3) A reference to a provision of the former Road Transport (Vehicle and Driver 25
Management) Act 2005 or Road Transport (Vehicle and Driver Management) 26
Regulation 2005 is to be read, on and from the participation day, as a reference 27
to the corresponding provision (if any) of the Law or the regulations in force 28
for the purposes of the Law. 29
(4) A reference to a repealed provision of the former legislation (other than the 30
former Road Transport (Vehicle and Driver Management) Act 2005 or Road 31
Transport (Vehicle and Driver Management) Regulation 2005) for which 32
there is a corresponding provision in the Law or the regulations in force for the 33
purposes of the Law is to be read, on and after the participation day, as a 34
reference to the corresponding provision. 35
(5) The local regulations may make provision for or with respect to the updating 36
of: 37
(a) references to which subclauses (2)-(4) do not apply, and 38
(b) references in any other documents to which this clause does not apply. 39
(6) In this clause: 40
corresponding provision, in relation to the Law or the regulations in force for 41
the purposes of the Law, means a provision of the Law or the regulations that 42
corresponds, or substantially corresponds, to the provision of the former 43
legislation concerned. 44
repealed provision of the former legislation means a provision of that 45
legislation that was repealed by the amending Act. 46
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
Schedule 2 Amendment of road transport legislation 1
2.1 Road Rules 2008 2
[1] Rule 127 Keeping a minimum distance between long vehicles 3
Omit "Road Transport (Mass, Loading and Access) Regulation 2005" from the definition 4
of road train in rule 127 (2). 5
Insert instead "Heavy Vehicle National Law (NSW)". 6
[2] Rules 215-1, 218-1 (c) and (e) (iii), 220-1 (1), 294-3 (4) and Dictionary (definition of 7
"portable warning triangle") 8
Omit "Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007" wherever 9
occurring. 10
Insert instead "the applicable vehicle standards law". 11
[3] Rule 218-1 NSW rule: using lights on vehicles generally 12
Insert "(or, in the case of a heavy vehicle, a corresponding heavy vehicle standard)" after 13
"Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007" wherever 14
occurring in rule 218-1 (d) and (f) and firstly occurring in rule 218-1 (e). 15
[4] Rule 221-1 NSW rule: using crimson flashing warning lights on certain local council 16
vehicles 17
Insert "(or, in the case of a heavy vehicle, a corresponding heavy vehicle standard)" after 18
"Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007" in 19
rule 221-1 (1). 20
[5] Rule 221-1 (2) 21
Omit paragraph (a) of the definition of excess weight limits legislation. Insert instead: 22
(a) the Heavy Vehicle National Law (NSW), 23
[6] Dictionary 24
Insert in alphabetical order: 25
applicable vehicle standards law means: 26
(a) for a light vehicle--Schedule 2 to the Road Transport (Vehicle 27
Registration) Regulation 2007, or 28
(b) for a heavy vehicle within the meaning of the Heavy Vehicle National 29
Law (NSW)--that Law, and any regulations in force for the purposes of 30
that Law, to the extent they make provision for heavy vehicle standards. 31
Note. This is an additional NSW definition. There is no corresponding definition in the 32
Dictionary of the Australian Road Rules. 33
corresponding heavy vehicle standard, in relation to a provision of Schedule 34
2 to the Road Transport (Vehicle Registration) Regulation 2007, means a 35
heavy vehicle standard under the Heavy Vehicle National Law (NSW) that 36
corresponds, or substantially corresponds, to that provision. 37
Note. This is an additional NSW definition. There is no corresponding definition in the 38
Dictionary of the Australian Road Rules. 39
[7] Dictionary, definition of "mechanical signalling device" 40
Insert "(or, in the case of a heavy vehicle, a corresponding heavy vehicle standard)" after 41
"Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007". 42
Page 31
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
[8] Dictionary, definition of "oversize vehicle" 1
Insert after paragraph (a) of the definition: 2
(a1) the Heavy Vehicle National Law (NSW), or 3
2.2 Road Transport Act 2013 No 18 4
[1] Section 4 Definitions 5
Omit each of the following definitions from section 4 (1): 6
applicable road law 7
applicable road law offence 8
approved road transport compliance scheme 9
Australian applicable road law 10
Australian applicable road law offence 11
Australian authorised officer 12
Australian Authority 13
corresponding applicable road law 14
corresponding Authority 15
heavy vehicle driver fatigue/speeding compliance provisions 16
infringement penalty 17
legal entitlements 18
Insert in alphabetical order: 19
Australian authorised officer means: 20
(a) an authorised officer for the purposes of this Act, or 21
(b) an authorised officer (within the meaning of the Heavy Vehicle National 22
Law (NSW)), or 23
(c) an individual of another jurisdiction of a class prescribed by the 24
statutory rules. 25
Australian Authority means any of the following: 26
(a) the Authority, 27
(b) the National Heavy Vehicle Regulator established under section 656 of 28
the Heavy Vehicle National Law (NSW), 29
(c) the road authority for another participating jurisdiction (within the 30
meaning of the Heavy Vehicle National Law (NSW)), 31
(d) any other person or body of another jurisdiction prescribed by the 32
statutory rules for the purposes of this definition. 33
light combination means a combination other than a heavy combination 34
within the meaning of the Heavy Vehicle National Law (NSW). 35
light trailer means a trailer other than a heavy trailer within the meaning of the 36
Heavy Vehicle National Law (NSW). 37
light vehicle means a vehicle other than a heavy vehicle within the meaning of 38
the Heavy Vehicle National Law (NSW). 39
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
[2] Section 4 (4), note 1
Insert at the end of the note: 2
The Road Transport (Vehicle and Driver Management) Act 2005 and Road 3
Transport (Vehicle and Driver Management) Regulation 2005 have been 4
repealed. See now the Heavy Vehicle National Law (NSW). 5
[3] Section 6 Meaning of "road transport legislation" 6
Omit section 6 (1) (b). 7
[4] Section 15 Statutory rules may disapply roads legislation in certain circumstances 8
Omit "any specified provision of the Roads Act 1993 (or any specified statutory rule made 9
under any provision of that Act)". 10
Insert instead "specified roads legislation (or specified provisions of the roads legislation)". 11
[5] Section 15 (2) 12
Insert at the end of the section: 13
(2) In this section: 14
roads legislation means: 15
(a) the Roads Act 1993 (or any regulations made under that Act), or 16
(b) the Heavy Vehicle National Law (NSW) (or any regulations in force for 17
the purposes of that Law). 18
[6] Section 62 Functions of Authority 19
Omit "vehicle standards" from section 62 (e). Insert instead "light vehicle standards". 20
[7] Section 121 Definitions 21
Omit paragraph (a) of the definition of speeding offence. Insert instead: 22
(a) an offence against the Heavy Vehicle National Law (NSW) or the 23
regulations in force for the purposes of that Law where the speed at 24
which a heavy vehicle has travelled is relevant for the purpose of 25
establishing that the offence has been committed, and 26
[8] Sections 166 (3) and 171 (6) 27
Omit the subsections. 28
[9] Section 169 Production of identification 29
Omit the section. 30
[10] Section 169A 31
Insert after section 169: 32
169A Direction to stop light vehicle or light combination: to enable exercise of other 33
powers 34
(1) This section applies to: 35
(a) a light vehicle or light combination located: 36
(i) on any road, or 37
(ii) in or on any public place, or 38
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
(iii) in or on any premises occupied or owned by the Authority or by 1
any other public authority, and 2
(b) the driver of such a light vehicle or light combination who is apparently 3
in, on or in the vicinity of the vehicle or combination. 4
(2) An authorised officer may, for the purpose of or in connection with exercising 5
other powers under the road transport legislation, direct: 6
(a) the driver of a light vehicle or light combination to stop the vehicle or 7
combination, or 8
(b) the driver of a light vehicle or light combination or any other person not 9
to do any one or more of the following: 10
(i) move the vehicle or combination, 11
(ii) interfere with it or any equipment in or on it, 12
(iii) interfere with its load. 13
(3) A direction to stop a light vehicle or light combination may require that it be 14
stopped without delay, or that it be stopped at the nearest place for it to be 15
safely stopped as indicated by the officer. 16
(4) A direction to stop the light vehicle or light combination, or not to move it, or 17
not to interfere with it or any equipment in or on it or with its load, does not 18
prevent an authorised officer from giving the driver or another person any later 19
inconsistent directions under other provisions of the road transport legislation. 20
(5) A direction under this section may be given to a driver or other person orally 21
or by means of a sign or signal (electronic or otherwise), or in any other 22
manner. 23
(6) A direction ceases to be operative to the extent that an authorised officer: 24
(a) gives the driver or other person a later inconsistent direction, or 25
(b) indicates to the driver or other person that the direction is no longer 26
operative. 27
(7) A person is guilty of an offence if: 28
(a) the person is subject to an operative direction under subsection (2), and 29
(b) the person engages in conduct that results in a contravention of the 30
direction. 31
Maximum penalty: 60 penalty units. 32
(8) In this section: 33
stop a light vehicle or light combination means to stop the vehicle or 34
combination and keep it stationary. 35
Note. See also section 513 of the Heavy Vehicle National Law (NSW) in relation to 36
directions to stop heavy vehicles for the purposes of that Law. 37
[11] Section 173 Offences--obstructing, hindering or impersonating authorised officer 38
Omit section 173 (3) and (4). 39
[12] Section 177 Requirement for responsible person to disclose driver identity 40
Omit section 177 (4). 41
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
[13] Section 180 Multiple offenders for applicable road law offence 1
Omit the section. 2
[14] Section 182 Liability of directors etc for offences by corporation--accessory to 3
commission of offences 4
Omit "(other than an applicable road law offence)" from section 182 (1). 5
[15] Section 182 (1), note 6
Omit the note. 7
[16] Section 195 Penalty notices for certain offences 8
Insert after section 195 (1) (b): 9
(b1) an offence against the Heavy Vehicle (Adoption of National Law) Act 10
2013 or any local regulations made under that Act that is prescribed by 11
the statutory rules as a penalty notice offence, 12
[17] Section 200 Proceedings for offences 13
Omit section 200 (2). Insert instead: 14
(2) The maximum monetary penalty that may be imposed by the Local Court for 15
an offence against a provision of the road transport legislation is 100 penalty 16
units or the maximum monetary penalty provided for the offence (whichever 17
is less). 18
[18] Section 202 Period within which proceedings for certain mass, dimension and load 19
offences may be commenced 20
Omit the section. 21
[19] Section 203 Section 10 of Crimes (Sentencing Procedure) Act 1999 not applicable in 22
certain circumstances 23
Omit section 203 (2) (e) and (f). 24
[20] Section 203 (2) (g) 25
Omit "(c), (d), (e) or (f)". Insert instead "(c) or (d)". 26
[21] Section 203 (2) (h) 27
Omit ", (e), (f)". 28
[22] Section 229 Compensation orders for damage to road infrastructure 29
Omit the section. 30
[23] Section 257 Certificate evidence 31
Omit items 4, 10, 16, 22, 26 and 32-35 from the Table in section 257 (1). 32
[24] Section 257 (1), Table, items 17, 24, 25 and 28 33
Omit "or an Australian applicable road law" wherever occurring. 34
[25] Section 257 (1), Table, items 18-21 35
Omit "or a specified infringement notice under an Australian applicable road law" 36
wherever occurring. 37
Page 35
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
[26] Section 257 (1), Table, item 37 1
Omit the item. Insert instead: 2
37 Any matter in connection with:
(a) the previous operation of the road transport legislation or an
Australian applicable road law (within the meaning of the Road
Transport (General) Act 2005) that could have been included in a
certificate for the purposes of section 230 of that Act before the
repeal of that section, or
(b) the previous operation of an Australian applicable road law (within
the meaning of the Road Transport (Vehicle and Driver
Management) Act 2005) that could have been included in a
certificate for the purposes of this section before the repeal of that
Act.
[27] Section 260 Averments 3
Omit section 260 (1) (d). 4
[28] Section 265 Transport documentation and journey documentation 5
Omit the section. 6
[29] Schedule 4 Savings, transitional and other provisions 7
Insert after Part 2: 8
Part 3 Provisions consequent on enactment of Heavy 9
Vehicle (Adoption of National Law) Amendment Act 10
2013 11
47 Road Transport (Mass, Loading and Access) Regulation 2005 taken to be made 12
under this Act 13
(1) The Road Transport (Mass, Loading and Access) Regulation 2005 is taken, on 14
and from the participation day, to be a regulation made by the Governor under 15
this Act, and may be amended or repealed accordingly. 16
(2) In this clause: 17
participation day means the day on which section 4 (Application of Heavy 18
Vehicle National Law) of the Heavy Vehicle (Adoption of National Law) Act 19
2013 commences. 20
48 Number-plate confiscation notices 21
(1) For the avoidance of doubt, it is declared that clause 29C of the Road 22
Transport (Vehicle and Driver Management) Regulation 2005 operated 23
during the transitional period to prescribe information for the purposes of the 24
definition of number-plate confiscation notice in section 237 (1). 25
(2) Accordingly, any notice in a form approved by the Commissioner of Police 26
containing that prescribed information that was issued during the transitional 27
period is taken to have had effect as a number-plate confiscation notice for the 28
purposes of this Act and any other relevant law. 29
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
(3) In this clause: 1
relevant law means the Fines Act 1996 and any other Act, statutory rule or law 2
that is relevant to the enforcement of a number-plate confiscation notice issued 3
under Part 7.6 of this Act or an offence relating to such a notice. 4
transitional period means the period: 5
(a) commencing on the repeal day (within the meaning of Part 2 of this 6
Schedule), and 7
(b) ending immediately before the day on which clause 144A of the Road 8
Transport (General) Regulation 2013 (as inserted by the Heavy Vehicle 9
(Adoption of National Law) Amendment Act 2013) commences. 10
2.3 Road Transport (Driver Licensing) Regulation 2008 11
[1] Clause 8 Authorisation to tow trailers and semi-trailers 12
Omit "in the Road Transport (Mass, Loading and Access) Regulation 2005" wherever 13
occurring in clause 8 (1) (b) and (2). 14
Insert instead "by or under the Heavy Vehicle National Law (NSW)". 15
[2] Schedule 1 National schedule of demerit point offences 16
Insert before the matter relating to the Road Rules 2008: 17
Heavy Vehicle National Law (NSW)
Column 1 Column 2 Column 3 Column 4
Provision Description of offence Standard Long
creating offence demerit weekend
points demerit
points
Section 228 (1) Driving heavy vehicle while fatigued 3 3
Section 250 (1) Solo driver under standard hours working for more
than the maximum work time or resting for less than
minimum rest time:
(a) in case of a severe risk breach 3 3
(b) in case of a critical risk breach 4 4
Section 251 (1) Two-up driver under standard hours working for
more than the maximum work time or resting for
less than minimum rest time:
(a) in case of a severe risk breach 3 3
(b) in case of a critical risk breach 4 4
Section 254 (1) Solo driver under BFM hours working for more
than the maximum work time or resting for less than
minimum rest time:
(a) in case of a severe risk breach 3 3
(b) in case of a critical risk breach 4 4
Section 256 (1) Two-up driver under BFM hours working for more
than the maximum work time or resting for less than
minimum rest time:
(a) in case of a severe risk breach 3 3
(b) in case of a critical risk breach 4 4
Page 37
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
Heavy Vehicle National Law (NSW)
Column 1 Column 2 Column 3 Column 4
Provision Description of offence Standard Long
creating offence demerit weekend
points demerit
points
Section 258 (1) Driver under AFM hours working for more than the
maximum work time or resting for less than
minimum rest time:
(a) in case of a severe risk breach 3 3
(b) in case of a critical risk breach 4 4
Section 260 (1) Driver under exemption hours working for more
than the maximum work time or resting for less than
minimum rest time:
(a) in case of a severe risk breach 3 3
(b) in case of a critical risk breach 4 4
Section 529 Using heavy vehicle contrary to defect notice:
(a) in case of a minor defect notice 1 1
(b) in case of a major defect notice 3 3
[3] Schedule 1 1
Omit the matter relating to the Road Transport (Vehicle and Driver Management) 2
Regulation 2005. 3
[4] Schedule 2 Additional demerit point offences 4
Insert before the matter relating to the Protection of the Environment Operations (Noise 5
Control) Regulation 2008: 6
Heavy Vehicle National Law (NSW)
Column 1 Column 2 Column 3 Column 4
Provision Description of offence Standard Long
creating offence demerit weekend
points demerit
points
Section 60 (1) Use vehicle with defective brakes 3 3
Section 60 (1) Use vehicle with defective steering 3 3
Section 60 (1) Use vehicle with seatbelt missing/defective 3 3
Section 60 (1) Use vehicle with defective seating 3 3
Section 60 (1) Use vehicle not fitted/equipped with 3 3
seatbelts/anchorages
Section 60 (1) Use vehicle with dangerous protrusion 3 3
[5] Schedule 2 7
Omit the matter relating to the Road Transport (Vehicle and Driver Management) 8
Regulation 2005. 9
Page 38
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
[6] Schedule 2 1
Insert before the matter relating to clause 85 (1) (a) of the Road Transport (Vehicle 2
Registration) Regulation 2007: 3
Clause 52 (1) (b) Use vehicle with obscured/defaced/illegible 3 3
number-plate or number-plate not displayed or
affixed in accordance with Regulation
2.4 Road Transport (General) Regulation 2013 4
[1] Clause 3 Definitions 5
Insert in alphabetical order in clause 3 (1): 6
applicable vehicle standards law means: 7
(a) for a light vehicle--Schedule 2 to the Road Transport (Vehicle 8
Registration) Regulation 2007, or 9
(b) for a heavy vehicle within the meaning of the Heavy Vehicle National 10
Law (NSW)--that Law, and any regulations in force for the purposes of 11
that Law, to the extent they make provision for heavy vehicle standards. 12
corresponding heavy vehicle standard, in relation to a provision of 13
Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007, 14
means a heavy vehicle standard under the Heavy Vehicle National Law (NSW) 15
that corresponds, or substantially corresponds, to that provision. 16
[2] Clause 16 Use of crimson flashing warning lights on certain council vehicles 17
Insert "(or, in the case of a heavy vehicle, a corresponding heavy vehicle standard)" after 18
"Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007" in 19
clause 16 (1). 20
[3] Clause 16 (2) 21
Omit paragraph (a) of the definition of excess weight limits legislation. Insert instead: 22
(a) the Heavy Vehicle National Law (NSW), 23
[4] Clause 17 Use of lights on stationary vehicles 24
Omit "Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007" from 25
clause 17 (1). 26
Insert instead "the applicable vehicle standards law". 27
[5] Clause 56 Application of Part 6.2 of the Act 28
Omit "Road Transport (Vehicle Registration) Regulation 2007" from clause 56 (a). 29
Insert instead "Heavy Vehicle (Vehicle Standards) National Regulation (NSW)". 30
[6] Clause 57 Manner of limiting speed 31
Omit "Road Transport (Vehicle Registration) Regulation 2007" from clause 57 (1) (b). 32
Insert instead "Heavy Vehicle (Vehicle Standards) National Regulation (NSW)". 33
[7] Clause 128 Mass Management Accreditation Scheme decisions 34
Omit the clause. 35
Page 39
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
[8] Clause 129 Heavy vehicle driver fatigue decisions 1
Omit the clause. 2
[9] Clause 135 Stay of certain appealable decisions pending appeal 3
Omit clause 135 (1) (g). 4
[10] Clause 144A 5
Insert after clause 144: 6
144A Number-plate confiscation notices 7
(1) The following information is prescribed for the purposes of the definition of 8
number-plate confiscation notice in section 237 (1) of the Act: 9
(a) a brief description of the effect of the notice and a statement of the 10
action that may be taken against the registered operator and penalties 11
that may apply if it is not complied with, 12
(b) in the case of a number-plate confiscation notice issued in respect of a 13
sanctionable offence, the provisions of the Act, regulations or rules 14
imposing the sanctionable offence, 15
(c) the registration number of the motor vehicle to which it relates, 16
(d) the vehicle's VIN or, if there is no VIN, the chassis number and engine 17
number of the vehicle, 18
(e) the date of issue of the notice and the date on which the number-plate 19
confiscation period imposed by the notice will end, 20
(f) the name of the Local Area Command of the police officer who issued 21
the notice, 22
(g) the address of the motor registry or other place from which the 23
number-plates can be collected on or after the end of the number-plate 24
confiscation period, 25
(h) information about the right to apply to the Local Court to seek release 26
of the number-plates. 27
(2) In this clause: 28
motor registry means a place at which registration of a vehicle can be effected 29
by or on behalf of the Authority. 30
VIN has the same meaning as it has in the Road Transport (Vehicle 31
Registration) Regulation 2007. 32
[11] Schedule 5 Penalty notice offences 33
Insert before the matter relating to the Local Government Act 1993: 34
Heavy Vehicle (Adoption of National Law) Act 2013
Column 1 Column 2 Column 3
Provision Authorised officer Penalty
Section 26 (2) Class 1, 2 Level 2
[12] Schedule 5 35
Insert after the matter relating to section 162 of the Road Transport Act 2013: 36
Section 169A (7) Class 1, 2 Level 5
Page 40
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
[13] Schedule 5 1
Omit the matter relating to the Road Transport (Mass, Loading and Access) Regulation 2
2005. 3
Insert instead: 4
Road Transport (Mass, Loading and Access) Regulation 2005
Column 1 Column 2 Column 3
Provision Authorised officer Penalty
Clause 43A (in respect of a contravention of a requirement Class 1, 2, 6, 7, 12, 14 Level 9
of clause 47 (1) or 61)
Clause 48 (1) Class 1, 2, 6, 7, 12, 14 Level 2
Clause 52 (4) Class 1, 2 Level 4
Clause 59 Class 1, 2 Level 4
Clause 62 (a); Clause 62 (b) Class 1, 2, 12, 14 Level 4
Clause 62 (c) Class 1, 2, 12, 14 Level 6
[14] Schedule 5 5
Omit the matter relating to the Road Transport (Vehicle and Driver Management) Act 2005 6
and Road Transport (Vehicle and Driver Management) Regulation 2005. 7
[15] Schedule 5 8
Omit "use of a registrable vehicle" from the matter relating to clause 52 (1) (a) of the Road 9
Transport (Vehicle Registration) Regulation 2007. 10
Insert instead "use of a registrable light vehicle". 11
[16] Schedule 5 12
Omit "Clause 52 (1) (a)" from Column 1 of the matter relating to the Road Transport 13
(Vehicle Registration) Regulation 2007. 14
Insert instead "Clause 52 (1) (a) (i)". 15
[17] Schedule 5 16
Omit "Clause 52 (1) (b)" from Column 1 of the matter relating to the Road Transport 17
(Vehicle Registration) Regulation 2007. 18
Insert instead "Clause 52 (1) (a) (ii)". 19
[18] Schedule 5 20
Insert before the matter relating to clause 55A of the Road Transport (Vehicle Registration) 21
Regulation 2007: 22
Clause 52 (1) (b) Class 1, 2 Level 8
2.5 Road Transport (Mass, Loading and Access) Regulation 2005 23
[1] Clause 4 Object 24
Omit the clause. 25
Page 41
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
[2] Part 2 Mass, dimension, loading and other requirements for heavy vehicles 1
Omit the Part. 2
[3] Part 3 Road trains 3
Omit the Part. 4
[4] Clauses 43 and 43A 5
Omit clause 43. Insert instead: 6
43 Part applies to light vehicles and combinations 7
This Part applies to a light vehicle or light combination only. 8
Note. The terms light combination and light vehicle are defined in section 4 (1) of 9
the Act. 10
43A Use of vehicle in contravention of dimension, mass or load restraint 11
requirements 12
(1) A person must not drive, or cause to be driven, along a road or road related area 13
any light vehicle or light combination that contravenes any of the dimension, 14
mass or load restraint requirements imposed by this Part otherwise than in 15
accordance with a permit. 16
Maximum penalty: 30 penalty units. 17
(2) In this clause, dimension requirement, mass requirement and load restraint 18
requirement have the same meanings as in clause 7 of Schedule 1 to the Act. 19
[5] Clause 53 Projection of loading or equipment of vehicles 20
Omit "(other than a B-double or road train)" from clause 53 (1) (f) (i). 21
[6] Part 5, heading 22
Omit the heading. 23
[7] Part 5, Division 1 24
Omit the Division. 25
[8] Part 5, Division 2, heading 26
Omit the heading. Insert instead: 27
Division 4 Other mass and dimension requirements 28
[9] Clause 57 Loads on light traffic thoroughfares, bridges and roads 29
Omit the clause. 30
[10] Part 5, Division 3, heading 31
Omit the heading. 32
[11] Part 5, Division 4, heading 33
Omit "Division 4". Insert instead "Division 5". 34
[12] Clause 63 Exercise of direction powers by authorised officers 35
Omit the clause. 36
Page 42
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
[13] Part 6 Mass Management Accreditation Scheme 1
Omit the Part. 2
[14] Part 6A Intelligent access programs 3
Omit the Part. 4
[15] Clause 74 5
Omit the clause. Insert instead: 6
74 Mass requirements on certain roads and bridges etc 7
(1) The council of a local government area or the Authority may do either or both 8
of the following things by means of one or more notices (a limit notice) 9
conspicuously displayed on or adjacent to the road, bridge or road-ferry 10
concerned: 11
(a) prohibit vehicles with a laden mass exceeding a specified maximum 12
mass from passing along or over a road, bridge or causeway, 13
(b) prohibit vehicles with a laden mass exceeding a specified maximum 14
mass from using a road-ferry maintained in connection with a road. 15
(2) A limit notice must either: 16
(a) display the words "BRIDGE LOAD LIMIT" or "ROAD LOAD 17
LIMIT", or 18
(b) be in or similar to a sign approved by the Authority for the purposes of 19
this clause. 20
(3) A limit notice that displays the words "BRIDGE LOAD LIMIT" or "ROAD 21
LOAD LIMIT" prohibits the passage, from a direction facing the notice, of a 22
vehicle or combination if: 23
(a) the total mass of the vehicle or combination exceeds the gross mass 24
indicated by the sign, or 25
(b) the mass carried by an axle or axle group of the vehicle or combination 26
exceeds the mass indicated by the sign for that kind of axle or axle 27
group. 28
(4) A limit notice in or similar to a sign approved by the Authority for the purposes 29
of this clause prohibits the passage, from a direction facing the notice, of a 30
vehicle or combination exceeding the total mass indicated by the notice. 31
(5) However, a limit notice (whether erected before or after the commencement of 32
this clause) does not prohibit any person from driving a vehicle along or over 33
a public road (or any bridge or causeway forming part of a public road) if the 34
destination of the vehicle lies in or on the road (or bridge or causeway) and 35
there is no alternative route by which to reach that destination. 36
(6) The powers conferred by this clause may only be exercised with respect to 37
classified roads by the Authority. 38
(7) A sign in or similar to the form referred to in clause 57 (1) (b) (as in force 39
immediately before its repeal by the Heavy Vehicle (Adoption of National 40
Law) Amendment Act 2013) is taken to have been approved by the Authority 41
for the purposes of subclause (2) (b). 42
(8) Any person who fails to comply with the terms of a notice displayed for the 43
purposes of this clause is guilty of an offence. 44
Maximum penalty: 30 penalty units. 45
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
(9) In this clause: 1
bridge includes any gate, pier, fender, dolphin or platform or any other thing 2
incidental to the use or protection of the bridge. 3
classified road and public road have the same meanings as they have in the 4
Roads Act 1993. 5
[16] Schedule 1 Mass and loading requirements for heavy vehicles 6
Omit the Schedule. 7
[17] Schedule 2 Oversize and overmass vehicles 8
Omit the Schedule. 9
[18] Dictionary 10
Omit all of the definitions (including associated diagrams) except for the following: 11
added load 12
articulated vehicle 13
axle 14
axle group 15
axle load 16
centre-line 17
centre of an axle group 18
dimension limit 19
drive 20
driver 21
information sheet 22
load-carrying 23
loaded mass 24
motor bike 25
permit 26
pole-type trailer 27
prime mover 28
quad-axle group 29
rear overhang line 30
retractable axle 31
semi-trailer 32
single axle 33
single axle group 34
single motor vehicle 35
station wagon 36
tandem axle group 37
total mass 38
tri-axle group 39
twinsteer axle group 40
vehicle 41
Page 44
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
wheel 1
wheel load 2
[19] Dictionary, definition of "the Act" 3
Insert in alphabetical order: 4
the Act means the Road Transport Act 2013. 5
2.6 Road Transport (Vehicle and Driver Management) Regulation 2005 6
Part 4 Number plate confiscation 7
Omit the Part. 8
2.7 Road Transport (Vehicle Registration) Regulation 2007 9
[1] Clause 12 Determination of applications 10
Insert after clause 12 (1) (f): 11
(f1) a court has made an order under section 598 (3) of the Heavy Vehicle 12
National Law in relation to the heavy vehicle for a stated period and the 13
period has not expired, or 14
[2] Clause 42A 15
Insert after clause 42: 16
42A Cancellation or suspension of registration by court under Heavy Vehicle 17
National Law 18
(1) The registration of a heavy vehicle under this Regulation is cancelled or 19
suspended in accordance with an order made by a court under section 598 (2) 20
of the Heavy Vehicle National Law in relation to the heavy vehicle. 21
(2) The Authority is to take all appropriate steps to give effect to the order. 22
[3] Clause 51 23
Omit the clause. Insert instead: 24
51 Applicable vehicle standards 25
For the purposes of this Regulation, the applicable vehicle standards for a 26
registrable vehicle are: 27
(a) in the case of a light vehicle--the requirements specified in Schedule 2 28
to this Regulation that apply to the vehicle, and 29
(b) in the case of a heavy vehicle within the meaning of the Heavy Vehicle 30
National Law (NSW): 31
(i) the heavy vehicle standards (within the meaning of that Law) that 32
apply to the vehicle, and 33
(ii) the requirements of clause 61 (Number-plates) of Schedule 2 to 34
this Regulation that apply to the vehicle. 35
Note. Schedule 2 applies only to light vehicles, except for clause 61 of that Schedule 36
(which applies to all registrable vehicles, including heavy vehicles). 37
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
[4] Clause 52 Registrable vehicles to comply with vehicle standards specified in 1
Schedule 2 2
Omit clause 52 (1). Insert instead: 3
(1) A person must not use a registrable vehicle on a road or road related area 4
unless: 5
(a) in the case of a light vehicle: 6
(i) the vehicle complies with the applicable vehicle standards for the 7
vehicle, and 8
(ii) the vehicle and its parts and equipment are suitable for safe use 9
and are in a thoroughly serviceable condition, or 10
(b) in the case of a heavy vehicle within the meaning of the Heavy Vehicle 11
National Law (NSW)--the vehicle complies with the requirements of 12
clause 61 (Number-plates) of Schedule 2 to this Regulation that apply 13
to the vehicle. 14
Maximum penalty: 20 penalty units. 15
Note. Section 60 of the Heavy Vehicle National Law (NSW) makes it an offence for a 16
person to use, or permit to be used, on a road a heavy vehicle that contravenes a heavy 17
vehicle standard applying to the vehicle under that Law. 18
[5] Clause 52 (4) and (5) 19
Insert "that is a light vehicle" after "registrable vehicle" wherever occurring. 20
[6] Clause 53 Compliance with vehicle standards 21
Omit clause 53 (1) (c) and (d). Insert instead: 22
(c) the fact that the vehicle and the registered operator of the vehicle are the 23
subject of a national maintenance accreditation, or 24
(d) the fact that the vehicle and the registered operator of the vehicle are the 25
subject of accreditation under a non-national maintenance accreditation 26
scheme approved by the Authority. 27
[7] Clause 55A Modifications to registered light vehicles 28
Omit "registered vehicle". Insert instead "registered light vehicle". 29
[8] Clause 55A, note 30
Insert at the end of the clause: 31
Note. Section 85 of the Heavy Vehicle National Law (NSW) makes it an offence for a 32
person to modify (or to use or permit the use on a road of) a heavy vehicle unless the 33
modification has been approved by: 34
(a) an approved vehicle examiner under section 86 of that Law, or 35
(b) the National Heavy Vehicle Regulator under section 87 of that Law. 36
[9] Clause 58 Examiner's authorities 37
Omit clause 58 (1) (a). Insert instead: 38
(a) to conduct inspections and tests of registrable vehicles at authorised 39
inspection stations for the purposes of determining whether or not the 40
vehicles: 41
(i) are suitable for safe use, or 42
(ii) comply with the requirements of the Act and this Regulation, or 43
Page 46
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
(iii) without limitation, comply with the requirements of the Heavy 1
Vehicle National Law (NSW) and the regulations in force for the 2
purposes of that Law, and 3
[10] Part 5, Division 6 Accreditation schemes 4
Omit the Division. 5
[11] Clause 76AA Definitions 6
Insert at the end of the clause: 7
(2) Divisions 2 and 3 apply in relation to light vehicles only. 8
Note. See Part 3.3 of the Heavy Vehicle National Law (NSW) with respect to the 9
modification of heavy vehicles within the meaning of that Law. 10
[12] Clause 83 Exemption, waiver or refund of accreditation scheme application fee 11
Omit the clause. 12
[13] Schedule 2 Vehicle standards 13
Insert before clause 2: 14
1A Limited application of Schedule 15
(1) This Schedule applies to light vehicles only, except as provided by 16
subclause (2). 17
(2) Clause 61 applies to all registrable vehicles, including heavy vehicles within 18
the meaning of the Heavy Vehicle National Law (NSW). 19
[14] Schedule 2, clause 2 Application of Division 20
Omit "every" from clause 2 (1). Insert instead "a". 21
[15] Schedule 2, clause 3 Non-application of Schedule--exemption under other laws 22
Omit the note from the end of the clause. 23
[16] Schedule 2, clause 5 Interpretation 24
Omit "(except the diagram in clause 173 (3))" from clause 5 (1). 25
[17] Schedule 2, clause 5 (1) 26
Omit the note at the end of the subclause. 27
[18] Schedule 2, clause 7 Date of manufacture of vehicle 28
Omit clause 7 (b). 29
[19] Schedule 2, clause 22 Steering 30
Omit clause 22 (1). 31
[20] Schedule 2, clause 22 (2) 32
Omit "with a GVM not over 4.5 tonnes". 33
[21] Schedule 2, clause 32 Mudguards and spray suppression 34
Omit clause 32 (1). Insert instead: 35
(1) A vehicle must have firmly fitted a mudguard for each wheel or for adjacent 36
wheels. 37
Page 47
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
[22] Schedule 2, clause 32 (2) 1
Omit "subclause (1) (a)". Insert instead "subclause (1)". 2
[23] Schedule 2, clause 40 Electrical wiring, connections and installations 3
Omit "and AS 4735-2003 Heavy road vehicles--Electrical connectors for articulated 4
vehicles" from clause 40 (2). 5
[24] Schedule 2, clause 40 (4) 6
Omit the subclause. 7
[25] Schedule 2, clause 47 Windscreen wipers and washers 8
Omit clause 47 (3). 9
[26] Schedule 2, clause 53 Tyres for use on vehicles with GVM over 4.5 tonnes 10
Omit the clause. 11
[27] Schedule 2, clause 56 Tyre tread 12
Omit clause 56 (2) (a). Insert instead: 13
(a) across the tyre width that normally comes into contact with the road, 14
and 15
[28] Schedule 2, clause 62 Compliance plates to be affixed to certain vehicles 16
Omit "a tractor, a trailer or an implement". Insert instead "a tractor or an implement". 17
[29] Schedule 2, clause 63 Trailer compliance plates 18
Omit the clause. 19
[30] Schedule 2, clause 65 Warning signs for combinations over 22 metres long 20
Omit the clause. 21
[31] Schedule 2, clause 66 Warning signs not to be displayed on other vehicles 22
Omit the clause. 23
[32] Schedule 2, clause 67 Specifications for warning signs 24
Omit the clause. 25
[33] Schedule 2, clause 68 Left-hand drive signs 26
Omit the clause. 27
[34] Schedule 2, clause 69 Axle configuration 28
Omit ", except an articulated bus," from clause 69 (1). 29
[35] Schedule 2, clause 69 (2) 30
Omit the subclause. 31
[36] Schedule 2, clause 70 Relation between axles in axle group 32
Omit the clause. 33
[37] Schedule 2, clause 72 Length of single motor vehicles 34
Omit ", except an articulated or controlled access bus," from clause 72 (1). 35
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Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
[38] Schedule 2, clause 77 Height 1
Omit clause 77 (2). 2
[39] Schedule 2, clause 78 Ground clearance 3
Omit the second diagram at the end of the clause (including the title for the diagram). 4
[40] Schedule 2, Part 4, Division 3 5
Omit the Division. 6
[41] Schedule 2, clause 96 Pattern of fitting tail lights 7
Omit the diagram (and its title) from clause 96 (3). 8
[42] Schedule 2, clause 124 (11) 9
Omit the subclause. Insert instead: 10
(11) In this clause, excess weight limits legislation means: 11
(a) the Heavy Vehicle National Law (NSW), or 12
(b) the Road Transport (Mass, Loading and Access) Regulation 2005 or 13
any regulation that replaces that Regulation. 14
[43] Schedule 2, clause 127 Rear marking plates 15
Omit the clause. 16
[44] Schedule 2, clause 135 Supply of air or vacuum to brakes 17
Omit clause 135 (1) (b). 18
[45] Schedule 2, Part 6, Division 4 19
Omit the Division. 20
[46] Schedule 2, clause 156 Exhaust systems 21
Omit "with a GVM over 4.5 tonnes" wherever occurring. 22
[47] Schedule 2, clause 160 Stationary noise levels--other vehicles with diesel engines 23
Omit clause 160 (2) (a), (3) (a) and (4) (a). 24
[48] Schedule 2, clause 160 25
Omit "but no more than 12 tonnes" wherever occurring. 26
Insert instead "but no more than 4.5 tonnes". 27
[49] Schedule 2, Part 9 28
Omit the Part. 29
[50] Schedule 2, Part 10, Division 2 30
Omit the Division. 31
[51] Schedule 2, Part 13 32
Omit the Part. 33
[52] Schedule 3 Fees 34
Omit Part 10. 35
Page 49
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 2 Amendment of road transport legislation
[53] Dictionary 1
Omit the definitions of accreditation scheme, Hire Trailer Maintenance Management 2
Accreditation Scheme, Maintenance Management Accreditation Scheme and 3
Non-national Maintenance Scheme and both definitions of nominated vehicle. 4
Insert in alphabetical order: 5
national maintenance management accreditation means maintenance 6
management accreditation within the meaning of the Heavy Vehicle National 7
Law (NSW). 8
non-national maintenance management accreditation scheme means a 9
scheme for maintenance management accreditation other than national 10
maintenance management accreditation. 11
[54] Dictionary, definition of "Heavy Vehicle National Law" 12
Insert in alphabetical order: 13
Heavy Vehicle National Law means: 14
(a) the Heavy Vehicle National Law: 15
(i) as in force from time to time, set out in the Schedule to the Heavy 16
Vehicle National Law Act 2012 of Queensland, and 17
(ii) as it applies as a law of New South Wales or another State or a 18
Territory, or 19
(b) the law of another State or a Territory that substantially corresponds to 20
the law referred to in paragraph (a). 21
Note. In relation to the Heavy Vehicle National Law (NSW), see section 4 (Application 22
of Heavy Vehicle National Law) of the Heavy Vehicle (Adoption of National Law) Act 23
2013. 24
Page 50
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 3 Amendment of other legislation
Schedule 3 Amendment of other legislation 1
3.1 Law Enforcement (Powers and Responsibilities) Act 2002 No 103 2
Schedule 1 Acts not affected by this Act 3
Omit "Road Transport (Vehicle and Driver Management) Act 2005". 4
Insert in alphabetical order: 5
Heavy Vehicle (Adoption of National Law) Act 2013 6
Heavy Vehicle National Law (NSW) 7
3.2 Passenger Transport Regulation 2007 8
Clause 68S Certain vehicles crossing running line at railway crossing 9
Omit "Road Transport (Vehicle and Driver Management) Act 2005" and "either Act" from 10
clause 68S (2). 11
Insert instead "Heavy Vehicle National Law (NSW)" and "the Act or Law", respectively. 12
3.3 Roads Act 1993 No 33 13
[1] Sections 214 (5) and 216 (4) 14
Omit "prescribed by or in accordance with" wherever occurring. 15
Insert instead "(if any) prescribed by or calculated in accordance with". 16
[2] Section 223 Roads authorities may charge fees for services 17
Insert after section 223 (2): 18
(2A) Without limiting subsections (1) and (2), a roads authority may charge and 19
recover a fee for a route assessment (within the meaning of Part 4.7 of the 20
Heavy Vehicle National Law (NSW)) that it carries out. 21
[3] Section 223 (3) 22
Omit the subsection. Insert instead: 23
(3) The amount of a fee must not exceed the maximum fee (if any) prescribed by 24
or calculated in accordance with the regulations for the kind of service 25
concerned. 26
[4] Section 223A 27
Insert after section 223: 28
223A Trial schemes for heavy vehicles 29
(1) The regulations may make provision for or with respect to the establishment 30
and operation of trial schemes for the use of heavy vehicles on specified roads. 31
(2) Without limiting subsection (1), the regulations may provide for the following: 32
(a) RMS or another roads authority to establish and operate a trial scheme, 33
(b) the criteria and conditions for participation in a trial scheme, 34
(c) the payment of fees or charges for participation in a trial scheme, 35
(d) the amount (or the method for calculating the amount) of fees or charges 36
payable for participation in a trial scheme, 37
Page 51
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 3 Amendment of other legislation
(e) the fees or charges payable in connection with a trial scheme to be paid 1
into the RMS Fund, 2
(f) the issuing of permits to authorise participation in a trial scheme, 3
(g) record keeping requirements in connection with a trial scheme, 4
(h) the use of monitoring devices in connection with a trial scheme, 5
(i) the modification of the road transport legislation and the Heavy Vehicle 6
National Law (NSW) (including the regulations in force for the purposes 7
of that Law) to facilitate the establishment and operation of a trial 8
scheme, 9
(j) the creation of offences in connection with a trial scheme. 10
(3) In this section: 11
heavy vehicle has the same meaning as in the Heavy Vehicle National Law 12
(NSW). 13
modification includes addition, exception, omission or substitution. 14
[5] Section 225 Certain fines to be paid into RMS Fund 15
Omit section 225 (a) (ii). Insert instead: 16
(ii) Part 3.3 of the former Road Transport (Vehicle and Driver 17
Management) Act 2005, or 18
(iii) Chapter 4 (Vehicle operations--mass, dimension and loading) of 19
the Heavy Vehicle National Law (NSW) or other provisions of 20
that Law, or regulations in force for the purposes of that Law, 21
prescribed by the regulations, and 22
3.4 Transport Administration Act 1988 No 109 23
Section 53 Miscellaneous functions of RMS 24
Insert at the end of section 53 (1) (d): 25
, and 26
(e) exercise any functions conferred on RMS for the purposes of the Heavy 27
Vehicle National Law (whether conferred by delegation under that Law 28
or under an agreement entered into by RMS for that purpose). 29
Page 52
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 4 Heavy Vehicle (Adoption of National Law) Regulation 2013
Schedule 4 Heavy Vehicle (Adoption of National Law) 1
Regulation 2013 2
(Section 3) 3
1 Name of Regulation 4
This Regulation is the Heavy Vehicle (Adoption of National Law) Regulation 2013. 5
2 Definitions 6
(1) In this Regulation: 7
the Act means the Heavy Vehicle (Adoption of National Law) Act 2013. 8
(2) Notes included in this Regulation do not form part of this Regulation. 9
3 Prescribed offences and penalties for infringement notices 10
(1) For the purposes of section 591 of the Heavy Vehicle National Law (NSW): 11
(a) each offence created by a provision specified in Column 1 of Schedule 1 is 12
prescribed, and 13
(b) the penalty prescribed for each such offence is the amount specified opposite 14
the provision in Column 2 of the Schedule. 15
(2) If the reference to a provision in Column 1 of Schedule 1 is qualified by words that 16
restrict its operation to specified kinds of offences, an offence created by the 17
provision is a prescribed offence only if it is an offence of a kind so specified or 18
committed in the circumstances so specified. 19
(3) A reference in Column 2 of Schedule 1 to a minor risk breach or substantial risk 20
breach in relation to an offence against a provision specified in Column 1 is a 21
reference to a minor risk breach or substantial risk breach in relation to the offence 22
within the meaning of the Heavy Vehicle National Law (NSW). 23
Schedule 1 Prescribed offences and penalties for section 591 24
of Heavy Vehicle National Law (NSW) 25
(Clause 3) 26
27
Column 1 Column 2
Provision Penalty
Offences under Heavy Vehicle National Law (NSW)
Section 60 (1) (in the circumstances referred to in $300
paragraph (a) of the penalty provision)
Section 60 (1) (in the circumstances referred to in $600
paragraph (b) of the penalty provision)
Section 79 (2) $400
Section 81 (1) $300
Section 81 (2) $300
Section 81 (3) $300
Section 82 (2) $300
Section 82 (3) $300
Page 53
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 4 Heavy Vehicle (Adoption of National Law) Regulation 2013
Column 1 Column 2
Provision Penalty
Section 83 (1) $300
Section 83 (2) $300
Section 83 (3) $300
Section 85 (1) $300
Section 85 (2) $300
Section 86 (2) $300
Section 89 (1) $600
Section 90 (1) $300
Section 90 (2) $300
Section 90 (3) $300
Section 92 (2) $300
Section 96 (1) $400 (for a minor risk breach)
$600 (for a substantial risk breach)
Section 102 (1) (a) $300
Section 102 (1) (b) $300 (for a minor risk breach)
$500 (for a substantial risk breach)
Section 109 (2) $300
Section 111 (1) $300 (for a minor risk breach)
$500 (for a substantial risk breach)
Section 129 (1) $600
Section 129 (2) $600
Section 129 (3) $600
Section 130 (2) $600
Section 130 (3) $600
Section 131 (1) $600
Section 132 (2) $300
Section 132 (3) $300
Section 133 (1) $300
Section 133 (2) $400
Section 133 (3) $300
Section 134 (1) $300
Section 134 (2) $300
Section 137 $600
Section 150 (1) $600
Section 151 (2) $300
Section 151 (3) $300
Section 152 (1) $300
Page 54
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 4 Heavy Vehicle (Adoption of National Law) Regulation 2013
Column 1 Column 2
Provision Penalty
Section 152 (2) $400
Section 152 (3) $300
Section 153 (1) $300
Section 153 (2) $300
Section 181 (3) $400
Section 183 (2) (in relation to an offence against $400 (for a minor risk breach)
section 96) $600 (for a substantial risk breach)
Section 183 (2) (in relation to an offence against $300 (for a heavy vehicle that does not have goods
section 102) or passengers)
$300 (for a minor risk breach)
$500 (for a substantial risk breach)
Section 183 (2) (in relation to an offence against $300 (for a minor risk breach)
section 111) $500 (for a substantial risk breach)
Section 184 (1) $300
Section 185 (1) $600
Section 185 (2) $600
Section 190 (1) $600
Section 191 (1) $600
Section 191 (3) $600
Section 192 (1) $600
Section 192 (2) $300
Section 219 (1):
(a) in the circumstances referred to in $300
paragraph (a) of the penalty provision, or
(b) in the circumstances referred to in $300
paragraph (b) (i) of the penalty provision, or
(c) in the circumstances referred to in $500
paragraph (b) (ii) of the penalty provision, or
(d) in the circumstances referred to in $300
paragraph (c) (i) of the penalty provision, or
(e) in the circumstances referred to in $500
paragraph (c) (ii) of the penalty provision,
or,
(f) in the circumstances referred to in $500
paragraph (d) (i) of the penalty provision, or
(g) in the circumstances referred to in $500
paragraph (d) (ii) of the penalty provision.
Section 250 (1) $400 (for a minor risk breach)
$600 (for a substantial risk breach)
Section 251 (1) $400 (for a minor risk breach)
$600 (for a substantial risk breach)
Page 55
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 4 Heavy Vehicle (Adoption of National Law) Regulation 2013
Column 1 Column 2
Provision Penalty
Section 254 (1) $400 (for a minor risk breach)
$600 (for a substantial risk breach)
Section 256 (1) $400 (for a minor risk breach)
$600 (for a substantial risk breach)
Section 258 (1) $400 (for a minor risk breach)
$600 (for a substantial risk breach)
Section 260 (1) $400 (for a minor risk breach)
$600 (for a substantial risk breach)
Section 263 (1) $400
Section 284 (2) $600
Section 286 (1) $600
Section 287 (2) $300
Section 287 (3) $300
Section 288 (1) $300
Section 288 (2) $400
Section 288 (3) $300
Section 293 (1) $600
Section 296 (1) $150
Section 297 (2) $300
Section 298 (1) $150
Section 299 $300
Section 301 $150
Section 302 $150
Section 303 $150
Section 305 (1) $600
Section 305 (2) $300
Section 305 (3) $150
Section 306 $300
Section 307 (2) $300
Section 308 (1) $300
Section 309 (2) $600
Section 310 (2) $600
Section 319 (1) $600
Section 321 (1) $600
Section 321 (2) $600
Section 322 (2) $300
Section 323 (2) $300
Page 56
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 4 Heavy Vehicle (Adoption of National Law) Regulation 2013
Column 1 Column 2
Provision Penalty
Section 341 (1) $600
Section 341 (2) $600
Section 341 (3) $300
Section 341 (4) $300
Section 354 (3) $600
Section 354 (5) $600
Section 355 (2) $600
Section 355 (4) $600
Section 355 (6) $600
Section 373 (2) $600
Section 375 $600
Section 376 (2) $300
Section 376 (3) $300
Section 377 $300
Section 392 (2) $600
Section 395 $600
Section 396 (2) $600
Section 399 (2) $600
Section 467 $600
Section 468 (1) $300
Section 468 (3) $300
Section 469 (2) $400
Section 470 (3) $600
Section 470 (8) $300
Section 471 (2) $600
Section 471 (3) $400
Section 476 (2) $600
Section 488 $300
Section 513 (4) $600
Section 514 (3) $600
Section 516 (3) $600
Section 517 (4) $600
Section 522 (5) $600
Section 524 (5) $600
Section 526 (4) $300
Section 528 (3) $300
Section 529 $300
Page 57
Heavy Vehicle (Adoption of National Law) Amendment Bill 2013 [NSW]
Schedule 4 Heavy Vehicle (Adoption of National Law) Regulation 2013
Column 1 Column 2
Provision Penalty
Section 533 (7) $1000
Section 534 (5) $1000
Section 567 (4) $300
Section 568 (3) (for a failure to produce a work $600
diary for inspection)
Section 568 (3) (for a failure to produce any other $300
document, device or thing for inspection)
Section 568 (7) $300
Section 569 (2) $600
Section 569 (7) $300
Offences under Heavy Vehicle (Mass, Dimension and Loading) National Regulation (NSW)
Section 11 (1) $300
Section 16 (2) $300
Section 28 $300
Section 34 (2) $400
Section 36 (2) $300
Page 58
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