Road Transport Act 2013

This Act is the Road Transport Act 2013.

This Act commences on a day or days to be appointed by proclamation.

The objects of this Act are as follows—

to consolidate in the one Act most of the existing statutory provisions concerning road users, road transport and the improvement of road safety in this jurisdiction,

to provide for the following in a manner consistent with the Agreed Reforms within the meaning of the Inter-Governmental Agreement for Regulatory and Operational Reform in Road, Rail and Intermodal Transport entered into by the Commonwealth, the States and the Territories—

a driver licensing system as part of a uniform national approach to driver licensing (including uniform driver licence classes and licence eligibility criteria),

a vehicle registration system as part of a uniform national approach to vehicle registration and standards,

systems for the improvement of road safety and transport efficiency,

the reduction of costs relating to administering road transport,

to facilitate the recovery of expenses incurred in the administration of this Act (particularly, in connection with driver licensing and vehicle registration) and the collection of fees and charges payable under this Act and the statutory rules,

to provide for additional matters concerning the regulation of road users and road transport and the improvement of road safety in this jurisdiction that are not otherwise dealt with by the Agreed Reforms.

Each reference in this Act (except in this Part) to a road includes a reference to a road related area, unless otherwise expressly stated in this Act.

In this Act, road transport legislation means the following—

this Act and the statutory rules,

(Repealed)

the Motor Vehicles Taxation Act 1988 and the regulations under that Act,

any other Act or statutory rule made under any other Act (or any provision of such an Act or statutory rule) that is prescribed by the statutory rules.

Statutory rules referred to in subsection (1)(d) prescribing an Act or statutory rule made under another Act (or provision of such an Act or statutory rule) cannot be made without the concurrence of the Minister administering the Act or statutory rule concerned.

A provision of this Act relating to the road transport legislation does not apply to the road transport legislation if that legislation provides otherwise either expressly or by necessary intendment.

Except as provided by subsections (2) and (3), in this Act registration in relation to a vehicle means registration of the vehicle in the NSW registrable vehicles register, and registered has a corresponding meaning.

In this Act, registration in Australia in relation to a vehicle means registration of the vehicle in an Australian registrable vehicles register, and registered in Australia has a corresponding meaning.

In this Act, registration in another jurisdiction in relation to a vehicle means registration of the vehicle in an Australian registrable vehicles register (other than the NSW registrable vehicles register), and registered in another jurisdiction has a corresponding meaning.

Except as provided by subsections (2) and (3), in this Act a registered operator in relation to a vehicle means a person recorded in the NSW registrable vehicles register as the person responsible for the vehicle.

In this Act, an Australian registered operator—

in relation to a vehicle (including a vehicle in a combination)—means a person recorded in an Australian registrable vehicles register as the person responsible for the vehicle, or

in relation to a combination—means a person recorded in an Australian registrable vehicles register as the person responsible for the towing vehicle in the combination.

In this Act, a registered operator in another jurisdiction—

in relation to a vehicle (including a vehicle in a combination)—means a person recorded in an Australian registrable vehicles register (other than the NSW registrable vehicles register) as the person responsible for the vehicle, or

in relation to a combination—means a person recorded in an Australian registrable vehicles register (other than the NSW registrable vehicles register) as the person responsible for the towing vehicle in the combination.

Application of section This section applies to the determination of whether an offence against a provision of this Act or the statutory rules is—

a first offence, or

a second or subsequent offence.

Note.

The Act and the statutory rules provide in some cases for different penalties or disqualification periods, or for forfeitures or the making of mandatory interlock orders, in connection with an offence depending on whether a particular offence is a first offence or a second or subsequent offence.

Second or subsequent offence If a person is convicted of an offence (the new offence) against a provision of this Act or the statutory rules, the new offence is a second or subsequent offence only if—

the person, within the applicable re-offending period (if any) for the offence concerned, was convicted of another offence (the previous offence) that was—

an offence against the same provision, or

an offence against a former corresponding provision, or

an equivalent offence to the new offence, and

the occasion when the new offence occurred was different from the occasion when the previous offence occurred.

Second or subsequent offence where previous offence dealt with by way of penalty notice If a person is convicted of an offence against this Act (the new offence), that offence is a second or subsequent offence if—

within the period of 5 years immediately before being convicted of the new offence, the person committed an alcohol or other drug related driving offence (the previous offence), and

that previous offence—

was against the same provision as, or was an equivalent offence to, the new offence, and

was dealt with by way of penalty notice, and

the occasion when the new offence occurred was different from the occasion when the previous offence occurred.

Except as provided by subsection (4), the applicable re-offending period for a particular offence for the purposes of subsection (2)(a) is—

the period of 5 years, or

such other period as may be specified by a provision of this Act (in the case of offences against this Act) or the statutory rules (in the case of offences against the statutory rules) as the applicable re-offending period for the offence for the purposes of this section.

An offence does not have an applicable re-offending period if a provision of this Act (in the case of offences against this Act) or the statutory rules (in the case of offences against the statutory rules) specifies that there is no such period for the offence for the purposes of this section.

A previous offence is an equivalent offence to a new offence for the purposes of subsection (2)(a)(iii) or (2A)(b)(i) if—

where the new offence is an offence against section 54(1)—the previous offence was an offence against section 53(3) or 54(3) or (4) or a corresponding former provision or a major offence, or

where the new offence is an offence against section 54(3)—the previous offence was an offence against section 53(3) or 54(1) or (4) or a corresponding former provision or a major offence, or

where the new offence is an offence against section 54(4)—the previous offence was an offence against section 53(3) or 54(1) or (3) or a corresponding former provision or a major offence, or

where the new offence is an offence against a provision of Chapter 5 or Schedule 3—the previous offence was a major offence, or

a provision of this Act (in the case of offences against this Act) or the statutory rules (in the case of offences against the statutory rules) declares the offence to be an equivalent offence to another offence for the purposes of this section.

Without limiting subsection (5)(e), an offence against a law of another jurisdiction may be declared to be an equivalent offence for the purposes of this section.

In determining whether an offence is a second or subsequent offence, the following matters are immaterial—

the order in which the offences concerned are committed,

whether or not the offences concerned were subject to the same penalties.

First offence An offence against a provision of this Act or the statutory rules is a first offence if it is not a second or subsequent offence.

If the court is satisfied that a person is guilty of an offence but cannot determine (from the information available to the court) whether the offence is a first offence for which the person was convicted, the court may only impose a penalty for the offence as if it were a first offence.

In the road transport legislation, the responsible person for a vehicle means—

in relation to a vehicle that is registered in Australia—each of the following persons—

an Australian registered operator of the vehicle, except where the vehicle has been disposed of by the operator,

if the vehicle has been disposed of by a previous Australian registered operator—a person who has acquired the vehicle from the operator,

a person who has a legal right to possession of the vehicle (including any person who has the use of the vehicle under a lease or hire-purchase agreement, but not the lessor while the vehicle is being leased under any such agreement), and

in relation to a vehicle to which a trader’s plate is affixed that is not registered in Australia—each of the following persons—

the person to whom the trader’s plate is issued,

a person who has a legal right to possession of the vehicle (including any person who has the use of the vehicle under a lease or hire-purchase agreement, but not the lessor while the vehicle is being leased under any such agreement), and

in relation to a vehicle that is not registered in Australia and to which no trader’s plate is affixed—each of the following persons—

a person who was last recorded in an Australian registrable vehicles register as being responsible for the vehicle,

a person who has a legal right to possession of the vehicle (including any person who has the use of the vehicle under a lease or hire-purchase agreement, but not the lessor while the vehicle is being leased under any such agreement), and

any other person (or class of persons) prescribed by the statutory rules for the purposes of this definition.

For the purposes of subsection (1)(d), the statutory rules may prescribe different persons for different provisions of the road transport legislation.

Subject to any statutory rules made for the purposes of subsection (2), if more than one person is the responsible person for a vehicle at any one time, a reference in any relevant legislation to the responsible person for a vehicle within the meaning of this Act or any other road transport legislation is taken to include a reference to each person who is a responsible person for such a vehicle.

The statutory rules may provide for the determination of the respective rights, liabilities and obligations of each responsible person for a vehicle under any relevant legislation, but only with the concurrence of the Minister administering the relevant legislation.

In this section—

relevant legislation means—

a provision of the road transport legislation, or

a provision of any other Act (or a provision of a statutory rule made under any such Act) concerned with the responsible person for a vehicle within the meaning of this Act or any other road transport legislation.

The statutory rules may apply (whether with or without modifications) any or all of the provisions of the Acts Interpretation Act 1901 of the Commonwealth to the interpretation of—

this Act or the statutory rules (or specified provisions of this Act or the statutory rules), or

any instrument made under this Act or the statutory rules (or specified provisions of any such instrument).

This section does not prevent the Interpretation Act 1987 from applying to any provision of this Act or the statutory rules (or of an instrument made under this Act or the statutory rules) to the extent that it can do so consistently with the application of the Acts Interpretation Act 1901 of the Commonwealth to any such provision by a statutory rule referred to in subsection (1).

Notes included in this Act do not form part of this Act.

Note.

For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of other Acts and statutory rules (as in force immediately before the enactment of this Act). Abbreviations in these notes include the following—

DL Act is a reference to the Road Transport (Driver Licensing) Act 1998 No 99,

Gen Act is a reference to the Road Transport (General) Act 2005 No 11,

Gen Reg is a reference to the Road Transport (General) Regulation 2005,

STM Act is a reference to the Road Transport (Safety and Traffic Management) Act 1999 No 20,

STM Reg is a reference to the Road Transport (Safety and Traffic Management) Regulation 1999,

VR Act is a reference to the Road Transport (Vehicle Registration) Act 1997 No 119.