ROAD TRANSPORT ACT 2013

New South Wales Consolidated Acts

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- As at 31 October 2024
- Act 18 of 2013

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

PART 1.1 - INTRODUCTORY

1. Name of Act
2. Commencement
3. Objects of Act

PART 1.2 - INTERPRETATION

4. Definitions
5. References to "road" generally include "road related area"
6. Meaning of "road transport legislation"
7. Meaning of terms relating to registration
8. Meaning of terms relating to registered operators
9. Determination of "first offence" and "second or subsequent offence"
10. Meaning of "responsible person" for a vehicle
11. Rights, liabilities and obligations of multiple responsible persons
12. Application of Acts Interpretation Act 1901 (Cth)
13. Notes

PART 1.3 - APPLICATION

Division 1 - General

14. General relationship with other laws
15. Statutory rules may disapply roads legislation in certain circumstances
16. Contracting out prohibited
17. Act to bind Crown

Division 2 - Alteration of scope of operation of road transport legislation

18. Power of Minister to include or exclude areas
19. Power of Minister to exclude vehicles, persons or animals
20. Minister to consult before making certain declarations
21. Statutory rules may exclude vehicles, animals and persons
22. (Repealed)

CHAPTER 2 - STATUTORY RULES

23. General power to make regulations and rules
24. Examples of statutory rule-making powers
25. Incorporation of documents and modification of definitions
26. Offences in the statutory rules and certificate evidence

CHAPTER 3 - DRIVER LICENSING

PART 3.1 - GENERAL FUNCTIONS OF TFNSW IN RELATION TO DRIVER LICENSING

27. Maintenance of NSW driver licence register and other functions
28. TfNSW not to issue or renew licence in certain circumstances
29. Mutual recognition
30. Security of information in registers

PART 3.2 - DEMERIT POINTS SYSTEM

Division 1 - NSW demerit points register and offences

31. NSW demerit points register
32. Offences for which demerit points are incurred
32A. Demerit points reduction trial

Division 2 - Consequences for unrestricted licence holders who incur demerit points

33. Suspension of licence
34. Consequences in relation to licence applications
35. Licence ineligibility
36. Driver may elect to be of good behaviour as alternative
37. Deletion of demerit points
38. Suspension of licence--graffiti licence orders

Division 3 - Consequences for learner or provisional licence holders who incur demerit points

39. Consequences generally
40. Suspension or cancellation of licence
41. Licence ineligibility
41A. Deletion of demerit points

Division 4 - General matters relating to demerit points

42. Determining demerit thresholds where combined licences are held
43. Demerit points penalties
43A. Consequences for repeated incurring of threshold number of demerit points

PART 3.3 - INTERLOCK DEVICES

44. Definitions
45. Meaning of "approved interlock device"
46. Meaning of "accredited interlock service provider"
47. Statutory rules concerning installation, maintenance and use of interlock devices
48. Financial assistance for use of approved interlock devices

PART 3.4 - OFFENCES CONCERNING DRIVER LICENSING

Division 1 - Unlawfully obtaining or using licences

49. Obtaining driver licence by false statements
50. Unlawful possession of driver licence
51. Unlawful alteration or use of licence
52. Seizure of driver licences

Division 2 - Driving without appropriate licence

53. Driver must be licensed
54. Driving or making licence applications while disqualified or licence suspended or cancelled

PART 3.5 - PROTECTION OF STORED PHOTOGRAPHS

55. Photographs to which this Part applies
56. Purposes for which photographs may be kept and used
57. Release of photographs prohibited

PART 3.6 - OTHER PROVISIONS RELATING TO DRIVER LICENSING

57A. Inclusion of boat driving licences on driver licences
58. Additional matters relating to identity
59. Cancellation or suspension of driver licence for certain speeding offences or alcohol or other drug related driving offences
60. Effect of expiry of driver licence during a suspension period
61. Evidence that person is professional driver

PART 3.7 - DIGITAL DRIVER LICENCES

61A. Definitions
61B. Application for digital driver licence
61C. Use of digital driver licence
61D. Surrender of digital driver licence
61E. Release of information for digital driver licences
61F, 61G. (Repealed)

CHAPTER 4 - VEHICLE REGISTRATION

PART 4.1 - REGISTRATION SYSTEM FOR VEHICLES

Division 1 - Functions and powers of TfNSW

62. Functions of TfNSW
63. Powers of TfNSW

Division 2 - NSW registrable vehicles register

64. Maintenance of NSW registrable vehicles register
65. TfNSW not to register registrable vehicles based outside this jurisdiction

Division 3 - Devices, plates and documents

66. Special number-plates
67. Ownership of devices, plates or documents
67A. Transfer of ownership of heavy vehicle number-plates to authority of another jurisdiction

PART 4.2 - OFFENCES CONCERNING VEHICLE REGISTRATION

Division 1 - General offences

68. Prohibition on using unregistered registrable vehicles
69. False statements
70. Obligations of registered operators
71. Offences relating to identification numbers of engines and other vehicle parts

Division 2 - Offences involving interstate number-plates and vehicles

72. Definitions
73. Affixing of interstate number-plates on registrable vehicles in this jurisdiction
74. Operating interstate registered vehicles in this jurisdiction
75. Direction to provide documents concerning use of interstate registered vehicles

PART 4.3 - DEFECTIVE VEHICLES

76. Defective registrable vehicles
77. Using registrable vehicles contrary to conditions or prohibitions under section 76
78. Use of dangerously defective motor vehicles

PART 4.4 - POWERS IN RELATION TO REGISTRABLE VEHICLES

79. Power to seize unregistered vehicles
80. Power of entry to inspect damaged vehicles
81. Seizure of number-plate

PART 4.5 - WRITTEN-OFF LIGHT VEHICLES

Division 1 - Preliminary

82. Definitions

Division 2 - Restrictions on registration of certain written-off light vehicles

83. NSW written-off light vehicles register
84. Registration of written-off light vehicles
85. TfNSW must refuse certain applications for authorisations
86. Applications for authorisations

Division 3 - Assessment of damaged light vehicles

87. Definitions
88. Notifiable light vehicles
89. Light vehicles that are a total loss
90. Assessments as to whether a light vehicle is a total loss
91. Factors relevant to assessments
92. Provision of results of assessments
93. Information about written-off and demolished light vehicles
94. Maintenance of records
95. False assessments
96. Removal of vehicle identifiers
97. Duty to attach written-off light vehicle warning label

Division 4 - General

98. Light vehicle certificates of compliance
99. Access to NSW written-off light vehicles register
100. Interference with NSW written-off light vehicles register
101. Unauthorised disclosure of information
102. Certificate evidence
103. Statutory rules concerning written-off light vehicles
104. Determination of first offences and second and subsequent offences against this Part

PART 4.5A - WRITTEN-OFF HEAVY VEHICLES

Division 1 - Preliminary

104A. Definitions

Division 2 - Restrictions on registration of certain written-off heavy vehicles

104B. NSW written-off heavy vehicles register
104C. Registration of written-off heavy vehicles

Division 3 - Assessment of damaged heavy vehicles

104D. Definitions
104E. Notifiable heavy vehicles
104F. Heavy vehicles that are a total loss
104G. Assessments as to whether a heavy vehicle is a total loss
104H. Factors relevant to assessments
104I. Provision of results of assessments
104J. Information about written-off and demolished heavy vehicles
104K. Maintenance of records
104L. False assessments
104M. Removal of vehicle identifiers of heavy vehicles
104N. Duty to attach written-off heavy vehicle warning label

Division 4 - General

104O. Heavy vehicle certificates of compliance
104P. Access to NSW written-off heavy vehicles register
104Q. Interference with NSW written-off heavy vehicles register
104R. Unauthorised disclosure of information
104S. Certificate evidence
104T. Statutory rules concerning written-off heavy vehicles
104U. Determination of first offences and second and subsequent offences against this Part

PART 4.6 - OTHER PROVISIONS RELATING TO VEHICLE REGISTRATION

105. Status of unregistered vehicles having permits
106. Fees for registration of vehicles of Crown and NSW Government agencies

CHAPTER 5 - SAFETY AND TRAFFIC MANAGEMENT

PART 5.1 - ALCOHOL AND OTHER DRUG USE

Division 1 - Interpretation

107. Definitions
108. Prescribed concentrations of alcohol
109. Measurement of alcohol concentrations

Division 2 - Offences involving alcohol or other drugs

110. Presence of prescribed concentration of alcohol in person's breath or blood
111. Presence of certain drugs (other than alcohol) in oral fluid, blood or urine
111A. Presence of both prescribed illicit drug in person's oral fluid, blood or urine and prescribed concentration of alcohol in person's breath or blood
112. Use or attempted use of a vehicle under the influence of alcohol or any other drug
113. Detention of vehicle in certain cases
114. Testing for alcohol and other drug use

PART 5.2 - SPEEDING AND OTHER DANGEROUS DRIVING

Division 1 - Speeding and other dangerous driving offences

115. Races, attempts on speed records and other speed trials
116. Conduct associated with road and drag racing and other activities
117. Negligent, furious or reckless driving
118. Menacing driving

Division 2 - Speed measuring evasion articles

119. Sale, purchase or use of prohibited speed measuring evasion articles
120. Surrender and forfeiture of prohibited speed measuring evasion articles

PART 5.3 - TRAFFIC CONTROL AND MONITORING

Division 1 - Interpretation

121. Definitions

Division 2 - Use of prescribed traffic control devices

122. Appropriate authority for the purposes of this Division
123. Unauthorised prescribed traffic control devices
124. Removal of unauthorised prescribed traffic control devices
125. Cost of removal of prescribed traffic control device
126. Prescribed traffic control devices generally presumed to be lawful

Division 3 - Use of average speeds to prove speeding offences

127. Definitions
128. When Division may be relied on
129. Evidence and other matters that may be relied on
130. How average speed is to be calculated
131. How average speed limit is to be calculated
132. Certificate evidence concerning average speed calculations
133. Relationship of Division with other laws
133A. Review of use of division in relation to light vehicles

Division 4 - Approval of traffic enforcement devices

134. Approval of devices by Governor

Division 5 - Use of evidence obtained from approved traffic enforcement devices

135. Definitions
136. Evidence of speed recorded by speed measurement devices
136A. Evidence of vehicle dimension by dimension measurement device
137. Certificates concerning reliability of speed measurement devices
137A. Certificates concerning reliability of dimension measurement devices
138. Admissibility of photographs taken by devices--generally
139. Admissibility of photographs taken by devices--unauthorised vehicle use offences
139A. Admissibility of photographs taken by certain devices for mobile phone use offences and seatbelt offences
140. Evidence of accuracy and reliability not required if certificate tendered
141. Rebuttal of evidence concerning operation of approved traffic enforcement devices

PART 5.4 - VEHICLE USE AND TRAFFIC SAFETY

Division 1 - Dangers and obstructions to traffic

142. Removal of dangers and obstructions to traffic
143. Removal of unattended motor vehicles or trailers from certain places
144. Removal of vehicles--incidental provisions relating to towing

Division 2 - Traffic safety

145. Offences involving death, injury or damage resulting from unsafe loads
146. Offence of failing to stop and assist after impact causing injury

Division 3 - Unauthorised use of vehicles

147. Motor vehicles or trailers not to be used without owner consent
148. Procuring or hiring of motor vehicle or trailer by fraud or misrepresentation

PART 5.5 - MISCELLANEOUS POLICE POWERS RELATING TO VEHICLES AND TRAFFIC

Division 1 - Regulation of traffic

148A. Police may give reasonable directions for traffic regulation
148B. Police may temporarily close road or road related area to traffic

Division 2 - Other police powers relating to vehicles

148C. Use of tyre deflation devices
148D. Power of entry for tracing stolen motor vehicles or trailers or their parts

Division 3 - Powers to prevent intoxicated drivers from driving

148E. Power to prevent driving by persons who are under the influence of alcohol or other drugs
148EA. Additional power to prevent driving by persons who are under the influence of alcohol or other drugs following failure to submit to (or pass) sobriety assessment
148F. Power to prevent persons who are under the influence of alcohol or other drugs supervising learner drivers
148G. Power to prevent driving by persons who have failed oral fluid test or refused or failed to undergo oral fluid test or refused to provide oral fluid sample
148H. Power to prevent persons who have failed oral fluid test or refused or failed to undergo oral fluid test or refused to provide oral fluid sample supervising learner drivers
148I. Detention of keys or vehicles may be continued
148J. Offence to contravene prohibition or requirement
148K. Expenses incurred in connection with Division

PART 5.6 - AUTOMATED VEHICLE TRIALS

148L. Definitions
148M. Objects of Part
148N. Approval of trials
148O. Registration of trial vehicles
148P. Insurance
148Q. Vehicle supervisor
148R. Provision of information
148S. Meaning of driver or person in charge of automated vehicle
148T. Offence of interfering with a trial or a trial vehicle
148U. Delegation
148V. Statutory rules may make provision for approved trials

CHAPTER 6 - ROAD TRANSPORTATION

PART 6.1 - MONITORING OF HEAVY VEHICLES AND VEHICLES CARRYING DANGEROUS GOODS

149. Definitions
150. Application of this Part
151. Vehicles to be fitted with monitoring devices in working order
152. Vehicle movement record to be preserved
153. Vehicle movement record to be carried by driver
154. Inspection of monitoring devices and records carried on vehicles
155. Seizure of monitoring devices and records
156. Production of records by responsible persons
157. Tampering with monitoring devices or vehicle movement records
158. Exemptions
159. Evidence of vehicle movement record

PART 6.2 - SPEED LIMITING OF HEAVY VEHICLES

160. Definition
161. Application of Part
162. Vehicles to be speed limited
163. Certificate evidence of speed limiter compliance
164. Photographic evidence of speed of vehicle
165. Liability of offender for speeding offence and evidence of speed unaffected

CHAPTER 7 - COMPLIANCE AND ENFORCEMENT

PART 7.1 - AUTHORISED OFFICERS

166. Authorised officers
167. Exercise of powers by authorised officers
168. Identification cards
169. (Repealed)
169A. Direction to stop vehicle or combination: to enable exercise of other powers
169B. Power to require production of information
170. Return of identification cards
171. Reciprocal powers of officers
172. Amendment or revocation of directions or conditions
173. Offences--obstructing, hindering or impersonating authorised officer

PART 7.2 - IDENTITY POWERS

174. Expanded meaning of "driver"
175. Requirement for driver or rider to produce Australian driver licence and state name and address
176. Requirement for passenger to produce Australian driver licence and state name and address
177. Requirement for responsible person to disclose driver identity
178. Production of relevant Australian driver licence to court
179. Unauthorised demand for production of relevant Australian driver licence

PART 7.3 - CRIMINAL RESPONSIBILITY

Division 1 - Liability for offences generally

180. (Repealed)
181. Double jeopardy
182. Liability of directors etc for offences by corporation--accessory to commission of offences

Division 2 - Liability for camera recorded offences and parking offences

183. Definitions
184. Responsible person for vehicle taken to have committed designated offences
185. When responsible person not liable for parking offence
186. Duty to inform if person not driver of vehicle committing camera recorded offence
187. When responsible person for vehicle not liable for camera recorded offence
188. Offences relating to nominations
189. Nominations by responsible persons
190. Use of statutory declarations as evidence
191. Application of this Division to average speed detected offences
192. Further identity information from nomination information provider
193. Liability of actual offender unaffected
194. Division does not derogate from any other law

Division 3 - Penalty notices

195. Penalty notices
196-199. (Repealed)

Division 4 - Proceedings for offences

200. Proceedings for offences
201. Period within which proceedings for operator onus offences may be commenced
202. Period within which certain other proceedings may be commenced
203. Section 10 of Crimes (Sentencing Procedure) Act 1999 not applicable in certain circumstances

PART 7.4 - SANCTIONS CONCERNING LICENCES

Division 1 - Licence disqualification

204. Court may disqualify driver on conviction
205. Disqualification for certain major offences
205A. Disqualification for certain unauthorised driving offences
206. Bringing forward of consecutive disqualification periods to avoid orphan periods
206A. Effect of imprisonment on period of disqualification
206B. Effect of immediate or other licence suspension on period of disqualification
207. Effect of disqualification
207A. Commencement of disqualification

Division 2 - Mandatory alcohol interlock program

208. Application of Division
209. Definitions
210. Sanctions with respect to mandatory interlock offences
211. Mandatory interlock orders
212. Interlock exemption orders
213. Conversion of disqualification period of offender to whom interlock exemption order applies into interlock period
214. Dangerous driving offences in respect of which interlock orders may be made
215. Participation in an interlock program
215A. Effect of completion of interlock period
215B. Entitlement to apply for interlock driver licence

Division 3 - (Repealed)
None

Division 3A - Removal of licence disqualifications

221A. Definitions
221B. Local Court may remove licence disqualifications after relevant offence-free period
221C. Application for removal of licence disqualifications
221D. Disqualified persons not eligible to apply for removal of licence disqualification
221E. Rehearing of order removing licence disqualifications--undisclosed offences during relevant offence-free period
221F. Rehearing of order removing licence disqualifications--never-eligible offences

Division 4 - Suspension of licences and visiting driver privileges

222. Definitions
223. Suspension of licence by Commissioner of Police
223A. Suspension of foreign driver
224. When immediate licence suspension notice may be issued by police officer
225. Effect of immediate licence suspension notice

Division 5 - Downgrading of licences

226. Downgrading of driver licences

PART 7.5 - COMPENSATION ORDERS

227. Court may order compensation for damages and other losses
228. Compensation for loss of time
229. (Repealed)
230. Assessment of compensation
231. Service of certificates
232. Limits on amount of compensation
233. Costs
234. Enforcement of compensation order and costs
235. Relationship with orders or awards of other courts and tribunals

PART 7.6 - SANCTIONS CONCERNING VEHICLES

Division 1 - General

236. Object and effect of Part
237. Definitions

Division 2 - Additional sanctions for certain offences

238. When additional sanctions may be imposed
239. Sanctions that may be imposed
239A. Extension of additional sanction to corporation owned motor vehicles
240. Production notices
241. Powers and duties relating to seizure of motor vehicles and removal of number-plates
242. Removal, impounding and production of vehicle
243. Failure to comply with production notice
244. Number-plate and other offences
245. Forfeiture of vehicles on finding of guilt of offending operator
246. Commutation of forfeiture
247. Interested persons to be notified
248. Retention of motor vehicle impounded or number-plates confiscated under this Part
249. Early release of motor vehicle and number-plates on application to Local Court
250. Release of impounded vehicle and number-plates
251. Safe keeping of motor vehicles
252. Disposal and crash testing of vehicles
253. Protection from liability with respect to impounding, removal of number-plates and crash testing and other matters
254. Failure to prosecute
255. Search warrants

PART 7.7 - EVIDENTIAL PROVISIONS

256. Application of Part
257. Certificate evidence
258. Proof of appointments and signatures unnecessary
259. Vicarious responsibility
260. Averments
261. Evidence regarding measuring and weighing
262. Evidence regarding weighing
263. Evidence regarding manufacturer's ratings
264. Evidence not affected by nature of vehicle or combination
265. (Repealed)

PART 7.8 - APPEALS AND APPLICATIONS TO LOCAL COURT

266. Definitions
267. Appealable decisions may be appealed to Local Court
268. Determination of appeals against appealable decisions
269. Statutory rules may make provision for appeals and original applications
270. Finality of decisions

CHAPTER 8 - MISCELLANEOUS

271. Fixing fees for services concerning driver licensing and vehicle registration
271A. National Facial Biometric Matching Capability
272. Power to repeal, revoke or make changes to approvals etc under this Act
273. Delegation of functions under road transport legislation
274. Unpaid fees and charges
275. Indemnity from personal liability for carrying out duties honestly and in good faith
276. Service of documents on persons generally
277. Lodgment of documents with TfNSW
277A. Use of information in registers
278. Form of registers
278A. References to holder of driver licence in other Acts or laws
279. Preliminary discovery of information for recovery of private car park fees
279A. Reports on liability of corporations for camera recorded offences
280. Review of Act
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4

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