Road Transport (Minimum Toll Expenditure Calculation) Order 2018

This Order is the Road Transport (Minimum Toll Expenditure Calculation) Order 2018.

This Order commences on 16 April 2018 and is required to be published on the NSW legislation website.

In this Order:

e-tag for a tolling account means an electronic tag linked with the account to track tolls incurred in respect of one or more registrable light motor vehicles.

e-tag matched vehicle for a tolling account means a registrable light motor vehicle that is identified for the purposes of the account as a vehicle in respect of which a toll is incurred because of the presence in or with the vehicle of an e-tag for the account.

M5 Cashback Scheme means the M5 Cashback Scheme conducted by the NSW Government to enable participants to claim back tolls paid in respect of the M5 South-West Motorway.

minimum expenditure amount in tolls for a previous financial year:

in relation to a waiver of all or half of a registration fee—has the same meaning as it has in clause 127A of the Regulation, or

in relation to an exemption from or 50% reduction of motor vehicle tax—has the same meaning as it has in clause 5 of the Motor Vehicles Taxation Regulation 2016.

photograph matched vehicle for a tolling account means a registrable light motor vehicle that is identified for the purposes of the account as a vehicle in respect of which a toll is incurred because it has activated a camera (and not because of the presence in or with the vehicle of an e-tag for the account).

the Regulation means the Road Transport (Vehicle Registration) Regulation 2017.

toll service provider has the same meaning as in clause 78 of the Roads Regulation 2018.

tolling account means an account provided by a toll service provider for the purpose of enabling the account holder to pay tolls.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Order.

Words or expressions used in this Order that are defined for the purposes of clause 127A of the Regulation have the same meanings as in that clause, unless otherwise defined in this Order.

Note—

For example, toll is defined in clause 127A of the Regulation to mean a toll (inclusive of GST) levied in connection with a vehicle’s use of a tollway, bridge, tunnel or road-ferry within the meaning of the Roads Act 1993 (but excluding any administrative charges or fees paid in connection with the toll or a tolling account).

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

The methods specified by this Order can only be used in respect of tolls that are paid using a tolling account.

Despite clause 5, this clause specifies the method to be used for the purposes of clause 127A of the Regulation in calculating the minimum expenditure amount in tolls for the 2017–2018 financial year in respect of a tolling account with more than one e-tag for the account.

The minimum expenditure amount in tolls is to be calculated as follows:

only the amount of tolls paid in respect of e-tag matched vehicles for the account during the 2017–2018 financial year using the 2 e-tags that incurred the greatest amount of tolls can be counted,

in addition to paragraph (a), the tolls paid in respect of any photograph matched vehicles for the tolling account during the 2017–2018 financial year can be counted.

However, any amount in tolls paid during that year by a registered participant in the M5 Cashback Scheme in connection with the use of any part of the M5 South-West Motorway to which the Scheme applies cannot be counted towards the minimum expenditure amount in tolls.

This clause specifies the method to be used for the purposes of clause 127A of the Regulation in calculating the minimum expenditure amount in tolls for a previous financial year in respect of a tolling account.

The following amounts can be counted towards determining whether the minimum expenditure amount in tolls for the financial year concerned has been reached:

the amount of tolls paid in respect of any e-tag matched vehicles for the tolling account during that financial year,

the amount of tolls paid in respect of any photograph matched vehicles for the tolling account during that financial year.

However, any amount in tolls paid during that year by a registered participant in the M5 Cashback Scheme in connection with the use of any part of the M5 South-West Motorway to which the Scheme applies cannot be counted towards the minimum expenditure amount in tolls.

In calculating the minimum expenditure amount under clause 4A, the Authority may treat 2 or more e-tags (whether or not for the same tolling account) as one e-tag if the Authority determines it is appropriate to do so in the circumstances.

Without limiting subclause (1), the Authority may determine it is appropriate to do so on the basis that one of the e-tags has been replaced by one or more of the other e-tags.

This clause specifies the method to be used for the purposes of clause 127A of the Regulation in calculating the minimum expenditure amount in tolls for a previous financial year in respect of a tolling account with no e-tags for the account.

The amount of tolls paid in respect of any photograph matched vehicles for the tolling account during the financial year concerned can be counted towards determining whether the minimum expenditure amount in tolls for that financial year has been reached.

However, any amount in tolls paid during that year by a registered participant in the M5 Cashback Scheme in connection with the use of any part of the M5 South-West Motorway to which the Scheme applies cannot be counted towards the minimum expenditure amount in tolls.