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ROAD TRANSPORT (OFFENCES) AMENDMENT REGULATIONS 2004 (NO 1) (NO 20 OF 2004)
2004
THE LEGISLATIVE
ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
ROAD TRANSPORT (OFFENCES)
AMENDMENT REGULATIONS 2004 (No
1)
EXPLANATORY
STATEMENT
Circulated by authority
of
Bill Wood MLA
Minister for Urban
Services
AUSTRALIAN CAPITAL TERRITORY
ROAD TRANSPORT
(OFFENCES) AMENDMENT REGULATIONS 2004 (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 3%.
A small number of
NSW infringement penalties listed in Table 2 are not aligned with the ACT and
have been increased by more than the Consumer Price Index (CPI). 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 1.7A – Road Transport (General) Regulations 2000
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 second 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 1 July 2004.
|
Typical ACT Offence -
provision and short description |
Current ACT
Penalty ($) |
New ACT
Penalty ($) from 1 July 2004 |
|
Bike rider not wear helmet
|
47
|
49
|
|
Disobey no parking sign
|
66
|
68
|
|
Drive motor vehicle towing more than 1 vehicle
|
70
|
72
|
|
Rear lights not on/visible
|
74
|
76
|
|
Stop in loading zone
|
90
|
93
|
|
Drive vehicle with TV/VDU image visible
|
99
|
102
|
|
Not display restricted hire vehicle operators licence
|
100
|
103
|
|
Drive moving bus with doors opened
|
117
|
120
|
|
Not use bus warning lights when children getting off
|
120
|
123
|
|
Exceed speed limit by ≤ 15 km/h
|
123
|
127
|
|
Not stop at stop line at red light-toll booth
|
132
|
136
|
|
Not move out of path of police /emergency vehicle
|
147
|
152
|
|
Exceed passenger limit in private hire car
|
150
|
154
|
|
Not keep left of median strip
|
164
|
169
|
|
Not turn left from far side of road
|
173
|
178
|
|
Exceed speed limit by >15 km/h but ≤ 30 km/h
|
197
|
203
|
|
Person not notify write-off information
|
200
|
206
|
|
Not stop before lights (twin red lights)
|
209
|
215
|
|
Remove or deface infringement notice on vehicle
|
215
|
221
|
|
Stop on or near children’s crossing
|
220
|
226
|
|
Not stop at stop line at red arrow
|
221
|
228
|
|
Seatbelt not adjusted/fastened (driver)
|
230
|
237
|
|
Drive/tow vehicle with insecure load
|
275
|
283
|
|
Contravene restricted hire vehicle operators licence
|
300
|
309
|
|
Unlicensed driver/rider
|
351
|
362
|
|
Insert prohibited thing into ticket machine
|
372
|
383
|
|
Burnout
|
385
|
396
|
|
Use unregistered/suspended vehicle
|
448
|
461
|
|
Aggravated burnout
|
495
|
509
|
|
Use vehicle as hire car without operators licence
|
500
|
515
|
|
Exceed speed limit by > 30 km/h but ≤ 45 km/h
|
549
|
565
|
|
Sell/offer for sale/buy traffic offence evasion device
|
1140
|
1173
|
|
Exceed speed limit by > 45 km/h
|
1515
|
1559
|
Table 2 – Infringement penalties not aligned with NSW
|
ACT Offence Provision Rule
|
Abbreviated Offence Description
|
ACT Penalty from 1 July 2004 ($)
|
Current NSW Penalty ($)
|
|
31 (2)
|
not turn right from left of/parallel to/near line/strip
|
178
|
228
|
|
31 (3)
|
not turn right from left of/parallel to/near centre of road
|
178
|
228
|
|
79 (1)
|
not give way to police/emergency vehicle
|
152
|
304
|
|
80 (1)
|
approach children’s crossing too quickly to stop safely
|
228
|
329
|
|
80 (2) (a)
|
Disobey hand-held stop sign at children’s crossing
|
228
|
329
|
|
80 (2) (b)
|
not stop at children’s crossing—pedestrian on crossing
|
228
|
329
|
|
80 (3) (a)
|
Proceed at children’s crossing while sign shown
|
228
|
329
|
|
80 (3) (b)
|
Proceed at children’s crossing contrary to directions
|
228
|
329
|
|
80 (4)
|
Proceed at children’s crossing—pedestrian on/entering
crossing
|
228
|
329
|
|
81 (1)
|
Approach pedestrian crossing too quickly to stop safely
|
228
|
329
|
|
81 (2)
|
not give way to pedestrian on pedestrian crossing
|
228
|
329
|
|
82
|
pass/overtake vehicle at pedestrian/children’s crossing
|
228
|
329
|
|
108 (1)
|
disobey trucks and buses low gear sign
|
127
|
228
|
|
121(a)
|
not stop at stop line/sign at level crossing
|
228
|
309
|
|
121(b)
|
not give way to train/tram at level crossing with stop sign
|
228
|
309
|
|
122
|
disobey give way sign/line at level crossing
|
228
|
309
|
|
123(a)
|
enter level crossing contrary to lights/bells
|
215
|
309
|
|
123(b)
|
enter level crossing with gate/boom/barrier operating
|
215
|
309
|
|
123(c)
|
enter level crossing when train/tram on/entering crossing
|
215
|
309
|
|
123(d)
|
enter level crossing when approaching train/tram seen/heard
|
215
|
309
|
|
123(e)
|
enter level crossing when crossing/road beyond blocked
|
215
|
309
|
|
Table 2 – Infringement penalties not aligned with NSW-
continued
|
|||
|
159 (1)
|
not drive in lane marked for particular vehicle
|
127
|
228
|
|
162 (1) (a)
|
drive on safety zone
|
76
|
127
|
|
162 (1) (b)
|
not drive safely to left of safety zone
|
76
|
127
|
|
163 (1)
|
drive past rear of stopped tram when pedestrian is crossing
|
76
|
127
|
|
203(1)
|
Stop in parking area for disabled
|
152
|
383
|
|
291
|
start/drive vehicle causing unnecessary noise/smoke
|
102
|
220
|