New South Wales Repealed Acts

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This legislation has been repealed.

ROAD TRANSPORT (VEHICLE AND DRIVER MANAGEMENT) ACT 2005


- As at 10 February 2014 
- Act 11 of 2005 

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1.1 - INTRODUCTORY
   Note

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Notes
           5-7. (Repealed)
   8.      Act to bind Crown
   9.      Contracting out prohibited

   PART 1.2 - REGULATIONS

   10.     Regulations
   11.     Regulations relating to mass, dimension, load restraint and access requirements
   11A.    Regulations relating to intelligent transport systems
   11B.    Regulations relating to fatigue management
   11C.    Regulations relating to speeding compliance
   12.     Regulations may provide that Roads Act 1993 does not apply in certain circumstances
   13.     Regulations may exclude vehicles, animals and persons from this Act or the regulations

CHAPTER 2 - (Repealed)
           None

CHAPTER 3 - MASS, DIMENSION AND LOAD RESTRAINT REQUIREMENTS FOR VEHICLES

   PART 3.1 - PRELIMINARY

   19.     Operation of this Chapter
   20.     Definitions
   21.     Operators
   22.     Driver's base
   23.     Associates
   24.     Determining whether a breach "involves" risk
   25.     Meaning of "imminent" loss or shifting of load

   PART 3.2 - MASS, DIMENSION, LOAD RESTRAINT AND OTHER RESTRICTIONS FOR VEHICLES

   26.     Use of vehicle in contravention of mass, dimension or load restraint requirements
   27.     Excess permits
   28.     Mass requirements on certain roads and bridges etc
   28A.    Incremental pricing schemes

   PART 3.3 - SPECIAL PROVISIONS--MASS, DIMENSION AND LOAD RESTRAINT REQUIREMENTS FOR HEAVY VEHICLES

           Division 1 - Preliminary

   29.     Operation of this Part

           Division 2 - Categorisation of breaches

              Subdivision 1 - Categories of breaches

   30.     Categories generally
   31.     Minor risk breaches
   32.     Substantial risk breaches
   33.     Severe risk breaches

              Subdivision 2 - Lower limits (for substantial or severe risk breaches of mass or dimension requirements)

   34.     Lower limits--mass breaches
   35.     Lower limits--width breaches
   36.     Lower limits--width breaches: overall width of vehicle or combination
   37.     Lower limits--height breaches
   38.     Lower limits--overall length breaches

              Subdivision 3 - Recategorisation of certain breaches

   39.     Lower limits--width breaches: recategorisation of certain breaches
   40.     Lower limits--overall length breaches: recategorisation of certain breaches involving rear projections
   41.     Lower limits--dimension breaches: recategorisation of certain breaches involving dangerous projections

              Subdivision 4 - Miscellaneous

   42.     Regulations for increasing lower limits
   43.     Special categorisation of breaches of requirements relating to dangerous projections
   44.     Other provisions for categorisation to prevail

           Division 3 - Enforcement powers
           Note

   45.     Minor risk breaches
   46.     Substantial risk breaches
   47.     Severe risk breaches
   48.     Detention of vehicles
   49.     Authorisation to continue journey where only minor risk breaches
   50.     Operation of directions in relation to combinations
   51.     Directions and authorisations to be in writing
   52.     Application of Division in relation to other directions

           Division 4 - Liability for breaches of mass, dimension or load restraint requirements

   53.     Liability of consignor
   54.     Liability of packer
   55.     Liability of loader
   56.     Liability of operator
   57.     Liability of driver
   58.     Liability of consignee
   59.     Penalty levels: offences referred to in Table to Division
           Table of penalties for mass, dimension and load restraint breaches

           Division 5 - Sanctions

   60.     Matters to be taken into consideration by courts
   61.     Default categorisation

           Division 6 - Container weight declarations

   62.     Application of Division
   63.     Meaning of "responsible entity"
   64.     Container weight declarations
   65.     Complying container weight declarations
   66.     Duty of responsible entity
   67.     Duty of operator
   68.     Duty of driver
   69.     Liability of consignee--knowledge of matters relating to container weight declaration

           Division 7 - Recovery of losses resulting from non-provision of or inaccurate container weight declarations

   70.     Recovery of losses for non-provision of container weight declaration
   71.     Recovery of losses for provision of inaccurate container weight declaration
   72.     Recovery of amount by responsible entity
   73.     Assessment of monetary value or attributable amount
   74.     Costs

           Division 8 - Transport documentation

   75.     False or misleading transport documentation: liability of consignor, packer, loader, receiver and others

           Division 9 - Concessions

   76.     Definitions
   77.     Offence of contravening condition
   78.     Effect of contravening condition--prosecutions or other action
   79.     Operation of Division

   PART 3.4 - PROCEEDINGS FOR OFFENCES FOR MASS, LOADING AND DIMENSION REQUIREMENTS

           Division 1 - Liability of registered operators and owners

   80.     Liability of registered operators and owners
   81.     Complicity and common purpose (aiding and abetting)
   82.     Causing or permitting
   83.     Coercing, inducing or offering incentive

           Division 2 - Defences

   84.     Sudden or extraordinary emergency
   85.     Lawful authority
   86.     Other defences

           Division 3 - Reasonable steps defence

   87.     Reasonable steps defence for mass requirements: drivers, operators and owners
   88.     Reasonable steps defence for other mass, dimension and load restraint requirements
   89.     Reasonable steps defence--reliance on container weight declaration
   90.     Defence of mistaken and reasonable belief not available for specified offences

           Division 4 - Other special defences

   91.     Meaning of "deficiency concerning a vehicle or combination"
   92.     Special defence for all owners or operators
   93.     Special defence for drivers, owners and operators of light vehicles
   94.     Special defence for drivers
   95.     Special defence of compliance with direction

           Division 5 - Fines

   96.     Provisions relating to first offences and second or subsequent offences

   PART 3.5 - ADDITIONAL SANCTIONS FOR HEAVY VEHICLE OFFENCES

           Division 1 - Preliminary

   97.     Operation of Part
   98.     Penalties imposed by courts

           Division 2 - Improvement notices

   99.     Definition
   100.    Improvement notices
   101.    Contravention of improvement notice
   102.    Amendment of improvement notices
   103.    Cancellation of improvement notices
   104.    Clearance certificates

           Division 3 - Formal warnings

   105.    Formal warnings
   106.    Withdrawal of formal warnings

           Division 4 - Commercial benefits penalty orders

   107.    Commercial benefits penalty orders

           Division 5 - Registration sanctions

   108.    Power to affect vehicle registration

           Division 6 - Supervisory intervention orders

   109.    Supervisory intervention orders
   110.    Contravention of supervisory intervention order

           Division 7 - Prohibition orders

   111.    Prohibition orders
   112.    Contravention of prohibition order

   PART 3.6 - GENERAL

   113.    Effect of administrative actions of authorities of other jurisdictions
   114.    Effect of court orders of other jurisdictions
   115.    Declared zones and routes
   116.    Dismissal or other victimisation of employee or contractor assisting with or reporting breaches
   117.    Confidentiality
   118.    False or misleading information provided to responsible persons
   119.    Authority may provide information to TfNSW and corresponding Authorities
   120.    Exemption from liability

CHAPTER 4 - INVESTIGATION POWERS

   PART 4.1 - (Repealed)
   None

   PART 4.2 - INVESTIGATION POWERS FOR CERTAIN LAWS

           Division 1 - Preliminary

   130.    Application of Part
   131.    Meaning of qualified, fit or authorised to drive or run engine
   132.    Meaning of unattended vehicle or combination and driver of disconnected trailer
   133.    Meaning of broken down vehicle or combination
   134.    Meaning of compliance purposes

           Division 2 - Directions to stop, move or leave vehicles or combinations

   135.    Application of Division
   136.    Direction to stop vehicle or combination: to enable exercise of other powers
   137.    Direction to move vehicle or combination: to enable exercise of other powers
   138.    Direction to move vehicle or combination: where danger or obstruction
   139.    Direction to leave vehicle or combination
   140.    Manner of giving directions under this Division

           Division 3 - Power to move unattended or broken down vehicles or combinations

   141.    Moving unattended vehicle or combination: to enable exercise of other functions
   142.    Moving unattended or broken down vehicle or combination: where danger or obstruction
   143.    Operator's authorisation not required for driving under this Division

           Division 4 - Powers of inspection and search
           Note

   144.    Power to inspect vehicle or combination on a road, public place or certain official premises
   145.    Power to search vehicle or combination on a road, public place or certain official premises
   146.    Additional vehicle search powers relating to fatigue offences
   147.    Power to inspect premises
   148.    Power to search premises
   149.    Residential purposes

           Division 5 - Other directions

   150.    Direction to produce records, devices or other things
   151.    Direction to give name and other personal details in cases relating to heavy vehicle offences
   152.    Direction to provide information
   153.    Direction to provide reasonable assistance for powers of inspection and search
   154.    Provisions relating to running engine
   154A.   Directions relating to driver fatigue
   155.    Manner of giving directions under this Division
   156.    Directions to state when to be complied with

           Division 6 - Search warrants

   157.    Warrants

           Division 7 - Other provisions regarding inspections and searches

   158.    Use of assistants and equipment
   159.    Use of equipment to examine or process things
   160.    Use or seizure of electronic equipment

           Division 8 - Other provisions regarding seizure

   161.    Receipt for and access to seized material
   162.    Embargo notices

           Division 9 - Miscellaneous

   163.    Power to use force against persons to be exercised only by police officers
   164.    Consent
   165.    Directions may be given under more than one provision
   166.    Restoring vehicle, combination or premises to original condition after action taken
   167.    Protection from incrimination
   168.    Providing evidence to other authorities
           169, 170. (Repealed)

   PART 4.3 - (Repealed)
   None

CHAPTER 5 - CRIMINAL RESPONSIBILITY FOR APPLICABLE ROAD LAW OFFENCES

           176, 177. (Repealed)
   178.    Liability of directors, partners, employers and others for offences by bodies corporate, partnerships, associations and employees
           179-238. (Repealed)

CHAPTER 6 - MISCELLANEOUS

           239-243. (Repealed)
   244.    Unpaid charges and fees
   244A.   Application of work health and safety legislation
   244B.   (Repealed)
   245.    Savings, transitional and other provisions
           246, 247. (Repealed)
   248.    Review of Act
           249-267. (Repealed)
           SCHEDULE 1
           Schedule 3 (Repealed)


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