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ROAD TRANSPORT (OFFENCES) AMENDMENT REGULATIONS 2003 (NO 1) (NO 18 OF 2003)
2003
THE LEGISLATIVE
ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
ROAD TRANSPORT (OFFENCES)
AMENDMENT REGULATIONS 2003 (No
1)
EXPLANATORY
STATEMENT
Circulated by authority
of
Bill Wood MLA
Minister for Urban
Services
AUSTRALIAN CAPITAL TERRITORY
ROAD TRANSPORT
(OFFENCES) AMENDMENT REGULATIONS 2003 (No 1)
EXPLANATORY STATEMENT
Overview
Since September 1998 ACT traffic and parking
infringement penalties have been aligned with those applied in NSW, with a small
number of exceptions. This policy has been maintained by the current
Government. These amendment regulations change the infringement penalty amounts
for the majority of those offences in the Road Transport (Offences)
Regulations 2001 for which an infringement notice may be issued. The
average increase of the infringement penalties is 4.5%.
A small number
of NSW infringement penalties have increased substantially since ACT parking and
traffic infringement penalties were last increased on 1 July 2002. Of these
offences, set out in Table 2 below, only the offence for driving while using a
mobile phone will have the ACT infringement penalty amount aligned with NSW.
The remainder of the ACT penalties will increase as per Table 1 overleaf.
The infringement penalties changed are for offences listed in the
following Parts of Schedule 1 of the Road Transport (Offences) Regulations
2001:
Part 1.2 – Australian Road Rules
Part 1.5 –
Road Transport (Driver Licensing) Act 1999
Part 1.6 – Road Transport
(Driver Licensing) Regulations 2000
Part 1.7 – Road Transport (General)
Act 1999
Part 1.13 – Road Transport (Safety And Traffic Management) Act
1999
Part 1.14 – Road Transport (Safety And Traffic Management)
Regulations 2000
Part 1.15 – Road Transport (Vehicle Registration) Act
1999
Part 1.16 – Road Transport (Vehicle Registration) Regulations
2000
The infringement penalty increases are set out in Table 1 below. The
current ACT infringement penalty amounts are listed in the middle column of the
table, with a corresponding typical offence in the left column. Where that
penalty amount currently applies to any of the offences listed in the above
Parts of Schedule 1 of the Road Transport (Offences) Regulations 2001,
the corresponding amount in the right hand column will apply from 7 July 2003.
|
Typical ACT Offence -
provision and short description |
Current ACT
Penalty ($) |
New ACT
Penalty ($) from 7 July 2003 |
|
Bike rider not wear helmet
|
45
|
47
|
|
Disobey no parking sign
|
63
|
66
|
|
Drive motor vehicle towing more than 1 vehicle
|
67
|
70
|
|
Rear lights not on/visible
|
70
|
74
|
|
Stop in loading zone
|
86
|
90
|
|
Drive vehicle with TV/VDU image visible
|
95
|
99
|
|
Drive moving bus with doors opened
|
111
|
117
|
|
Exceed speed limit by ≤ 15 km/h
|
118
|
123
|
|
Not move out of path of police /emergency vehicle
|
141
|
147
|
|
Not keep left of median strip
|
157
|
164
|
|
Not turn left from far side of road
|
165
|
173
|
|
Exceed speed limit by >15 km/h but ≤ 30 km/h
|
188
|
197
|
|
Not stop before lights (twin red lights)
|
200
|
209
|
|
Remove or deface infringement notice on vehicle
|
205
|
215
|
|
Stop on or near children’s crossing
|
210
|
220
|
|
Not stop at stop line at red arrow
|
211
|
221
|
|
Seatbelt not adjusted/fastened (driver)
|
220
|
230
|
|
Drive/tow vehicle with insecure load
|
263
|
275
|
|
Unlicensed driver/rider
|
336
|
351
|
|
Insert prohibited thing into ticket machine
|
355
|
372
|
|
Burnout
|
368
|
385
|
|
Use unregistered/suspended vehicle
|
428
|
448
|
|
Aggravated burnout
|
473
|
495
|
|
Exceed speed limit by > 30 km/h but ≤ 45 km/h
|
524
|
549
|
|
Sell/offer for sale/buy traffic offence evasion device
|
1089
|
1140
|
|
Exceed speed limit by > 45 km/h
|
1447
|
1515
|
Table 2 – Infringement penalties not aligned with NSW
|
ACT Offence Provision Rule
|
Abbreviated Offence Description
|
Current ACT Penalty ($)
|
Current NSW Penalty ($)
|
|
31 (2)
|
not turn right from left of/parallel to/near line/strip
|
165
|
221
|
|
31 (3)
|
not turn right from left of/parallel to/near centre of road
|
165
|
221
|
|
79 (1)
|
not give way to police/emergency vehicle
|
141
|
295
|
|
80 (1)
|
approach children’s crossing too quickly to stop safely
|
211
|
320
|
|
80 (2) (a)
|
Disobey hand-held stop sign at children’s crossing
|
211
|
320
|
|
80 (2) (b)
|
not stop at children’s crossing—pedestrian on crossing
|
211
|
320
|
|
80 (3) (a)
|
Proceed at children’s crossing while sign shown
|
211
|
320
|
|
80 (3) (b)
|
Proceed at children’s crossing contrary to directions
|
211
|
320
|
|
80 (4)
|
Proceed at children’s crossing—pedestrian on/entering
crossing
|
211
|
320
|
|
81 (1)
|
Approach pedestrian crossing too quickly to stop safely
|
211
|
320
|
|
81 (2)
|
not give way to pedestrian on pedestrian crossing
|
211
|
320
|
|
82
|
pass/overtake vehicle at pedestrian/children’s crossing
|
211
|
320
|
|
108 (1)
|
disobey trucks and buses low gear sign
|
118
|
221
|
|
159 (1)
|
not drive in lane marked for particular vehicle
|
118
|
221
|
|
162 (1) (a)
|
drive on safety zone
|
70
|
123
|
|
162 (1) (b)
|
not drive safely to left of safety zone
|
70
|
123
|
|
163 (1)
|
drive past rear of stopped tram when pedestrian is crossing
|
70
|
123
|
|
291
|
start/drive vehicle causing unnecessary noise/smoke
|
95
|
220
|
|
404
|
drive using hand-held mobile phone
|
118
|
220
|