New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 237

237 Definitions

(cf Gen Act, s 217A)

(1) In this Part--

"camera recorded offence" means a speeding offence that was recorded by an approved traffic enforcement device that is approved for excess speed imaging or average speed detection.

"crash test" means a test to measure the effect of the impact of a motor vehicle that collides with another vehicle or other object, or a pedestrian, that is conducted by a person or body designated by Transport for NSW.

"designated speed limit" , in relation to a driver on a length of road, means--

(a) except as provided by paragraph (b)--the speed limit applicable to the driver on the length of road (including a length of road in a school zone) under this Act, or

(b) if the speed limit applicable to the driver on the length of road (not being a length of road in a school zone) under this Act is determined by a variable illuminated message device or other speed limit sign indicating a speed limit lower than that normally applicable to the road--the speed limit that would normally be applicable to the driver on the length of road under this Act.

"high range speed offence" means an offence (not being a camera recorded offence) of driving a vehicle at a speed more than 45 kilometres per hour over the designated speed limit applying to the driver for the length of road at the time the offence is committed.

"number-plate" means a number-plate issued by Transport for NSW and includes a special number-plate within the meaning of section 66.

"number-plate confiscation notice" means a notice in a form approved by the Commissioner of Police containing the information prescribed by the statutory rules for the purposes of this definition.

"number-plate confiscation period" , in relation to a motor vehicle, means the period during which the vehicle is prohibited from being operated on a road by a number-plate confiscation notice.

"offending operator" means a person who, at the time of an offence or alleged offence in connection with which a motor vehicle was or is being used, was or is both the driver, and a registered operator, of the motor vehicle.

"production notice" in relation to a motor vehicle or number-plates--see section 239(1).

"registered interest" , in relation to a motor vehicle, means a security interest in the vehicle with respect to which a financing statement (within the meaning of the Personal Property Securities Act 2009 of the Commonwealth) has been registered under that Act.

"sanctionable offence" means any of the following--

(a) a high range speed offence,

(a1) an offence against section 110(4) or (5) or clause 16(1)(b) or 17(1)(a1) of Schedule 3 (a
"new offence" ), but only if the person has been convicted of an alcohol-related major offence (within the meaning of Division 2 of Part 7.4) during the period of 5 years before the new offence was committed,

(a2) an offence against--

(i) section 111A(2), but only if the person has been convicted of an alcohol-related major offence, within the meaning of Part 7.4, Division 2, during the period of 5 years before the new offence was committed, or

(ii) section 111A(1) or (3),

(b) an offence against section 115 or 116(2),

(c) an offence against section 51B (Police pursuits) of the Crimes Act 1900 ,

(d) any other offence prescribed by the statutory rules.

"school zone" has the meaning that it has in the road rules prescribed under this Act.

(2) In this Part--

"working day" , in relation to the impoundment of a motor vehicle, or the delivery or confiscation of number-plates, means a day that is not--

(a) a Saturday or Sunday, or

(b) a public holiday or a bank holiday in the place at which the motor vehicle was impounded, or the number-plates were confiscated or required to be delivered under this Part.

(3) For the purposes of this Part--

(a) a reference to an offence against a provision of this Part (however expressed) includes a reference to an offence in respect of which the charge is found proven, or a person is found guilty, (but without proceeding to a conviction) under section 10 of the Crimes (Sentencing Procedure) Act 1999 , and

(b) section 9 (Determination of "first offence" and "second or subsequent offence") is taken to apply to the provisions of this Part as if that section extended to findings referred to in paragraph (a) as well as to convictions for offences.