New South Wales Consolidated Acts

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ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) ACT 1999

- As at 1 July 2012
- Act 20 of 1999

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY
   Note

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Act to bind Crown
   6.      Application of Commonwealth Acts Interpretation Act
   7.      Notes

   PART 2 - ALCOHOL AND OTHER DRUG USE

           Division 1 - Interpretation

   8.      General definitions
   8A.     Prescribed concentrations of alcohol
   8B.     Measurement of alcohol concentrations

           Division 1AA - Offences involving prescribed concentrations of alcohol

   9.      Presence of prescribed concentration of alcohol in person’s breath or blood
   10.     Alternative verdicts for lesser offences
   11.     Presence of higher concentration of alcohol not defence
   11A.    Defence for offence relating to novice range prescribed concentration of alcohol

           Division 1A - Offences involving certain drugs (other than alcohol) in oral fluid, blood or urine

   11B.    Presence of certain drugs (other than alcohol) in oral fluid, blood or urine

           Division 2 - Offences involving driving under the influence of alcohol or other drug

   12.     Use or attempted use of a vehicle under the influence of alcohol or any other drug

           Division 3 - Random breath testing and breath analysis

   13.     Power to conduct random breath testing
   14.     Arrest following failed breath test
   15.     Breath analysis following arrest
   16.     Offence-wilfully altering alcohol concentration following request for breath test or breath analysis
   17.     When breath test or breath analysis not permitted
   18.     Procedure to be followed after breath analysis

           Division 3A - Random oral fluid testing for prescribed illicit drugs

   18A.    Definitions
   18B.    Power to conduct random oral fluid testing
   18C.    Arrest following failed oral fluid test or refusal or inability to undergo test
   18D.    Providing an oral fluid sample for oral fluid analysis following arrest
   18E.    Taking blood sample following arrest
   18F.    When oral fluid test or sampling not permitted
   18G.    Offences related to testing and sampling for drugs
   18H.    Prohibited analysis

           Division 4 - Blood analysis of accident patients following accidents

   19.     Hospitals to which this Division applies
   20.     Blood samples to be taken in hospitals from accident patients
   21.     Offence-failure to take blood sample
   22.     Offence-hindering or obstructing health professional taking blood sample
   23.     Analysis of samples of blood taken under this Division
   24.     Supervisee may perform functions of medical practitioner under this Division

           Division 4A - Blood and urine analysis of persons who are not accident patients following fatal accidents

   24A.    Power to arrest persons involved in fatal accidents for blood and urine tests
   24B.    Procedure for taking samples following arrest
   24C.    When taking of samples not permitted
   24D.    Offences related to testing for drugs

           Division 5 - Sobriety assessments and related drug analysis

   25.     Police officer may require sobriety assessment
   26.     Arrest following failure to submit to (or pass) sobriety assessment
   27.     Procedure for taking samples following arrest
   28.     When sobriety assessment and taking of samples not permitted
   29.     Offences related to sobriety assessments and testing for drugs

           Division 6 - Detention of vehicle for safe-keeping

   30.     (Repealed)
   31.     Detention of vehicle in certain cases

           Division 7 - Evidentiary and other procedural matters

   32.     Evidence of alcohol concentration revealed by breath or blood analysis in proceedings for offence under section 9
   33.     Certificate evidence about breath or blood analysis in proceedings for offences under section 9
   33A.    Evidence of presence of prescribed illicit drug revealed by oral fluid analysis in proceedings for offence under section 11B
   33B.    Certificate evidence about oral fluid analysis in proceedings for offences under section 11B
   33C.    Evidence of presence of drug revealed by blood or urine analysis in proceedings for offence under section 11B
   33D.    Certificate evidence about blood or urine analysis in proceedings for offences under section 11B
   34.     Evidence of drugs revealed by blood or urine analysis in proceedings for offence under section 12
   35.     Certificate evidence about blood or urine analysis in proceedings for offences under section 12
   36.     Certificate evidence may specify minimum concentrations
   37.     Evidence of breath test, breath analysis, oral fluid test, oral fluid analysis or blood or urine analysis and related facts not admissible in insurance cases to prove intoxication or drug use
   38.     Double jeopardy in relation to alcohol and other drug offences

           Division 8 - Personal liability of sample takers

   39.     Personal liability for good faith taking of samples

           Division 9 - Random breath and oral fluid testing at same time

   39A.    Police may conduct random breath and oral fluid testing at same time

   PART 3 - SPEEDING AND OTHER DANGEROUS DRIVING

           Division 1 - Speeding and other dangerous driving offences

   40.     Races, attempts on speed records and other speed trials
   41.     Conduct associated with road and drag racing and other activities
   42.     Negligent, furious or reckless driving
   43.     Menacing driving

           Division 2 - Speed measurement

   43A.    Average speed of heavy vehicle is evidence of actual speed in certain circumstances
   44.     Approved speed measuring devices
   45.     Approved camera recording devices
   46.     Certificates concerning use of approved speed measuring devices
   47.     Photographic evidence of speeding offences
   47A.    Approved average speed detection devices
   47B.    Photographic evidence for use in proceedings involving average speed
   48.     Sale, purchase or use of prohibited speed measuring evasion articles
   49.     Surrender and forfeiture of prohibited speed measuring evasion articles

   PART 4 - TRAFFIC CONTROL DEVICES

           Division 1 - Installation, display and removal of prescribed traffic control devices

   50.     Interpretation
   51.     Appropriate authority for the purposes of this Division
   52.     Unauthorised prescribed traffic control devices
   53.     Removal of unauthorised prescribed traffic control devices
   54.     Cost of removal of prescribed traffic control device
   55.     Prescribed traffic control devices presumed to be lawfully installed or displayed except for purposes of section 52

           Division 2 - Monitoring of traffic light offences

   56.     Approved camera detection device
   57.     Photographic evidence of traffic light offences

           Division 3 - Monitoring of public transport lane offences

   57A.    Approved traffic lane camera devices
   57B.    Photographic evidence of public transport lane offences

           Division 4 - Approval of devices to detect several kinds of traffic offences

   57C.    Approval of devices for multiple detection functions

   PART 5 - VEHICLE SAFETY AND ACCIDENTS

           Division 1 - Offences relating to unsafe loads

   58.     Unsafe loads

           Division 2 - Monitoring of heavy vehicles and vehicles carrying dangerous goods

   59.     Definitions
   60.     Application of this Division
   61.     Vehicles to be fitted with monitoring devices in working order
   62.     Vehicle movement record to be preserved
   63.     Vehicle movement record to be carried by driver
   64.     Inspection of monitoring devices and records carried on vehicles
   65.     Seizure of monitoring devices and records
   66.     Production of records by responsible persons
   67.     Tampering with monitoring devices or vehicle movement records
   68.     Exemptions
   69.     Evidence of vehicle movement record

           Division 2A - Speed limiting of heavy vehicles

   69A.    Definitions
   69B.    Application of Division
   69C.    Vehicles to be speed limited
   69D.    Certificate evidence of speed limiter compliance
   69E.    Photographic evidence of speed of vehicle
   69F.    Liability of offender for speed offence and giving of evidence of speed unaffected

           Division 3 - Duties of participants and others involved in road accidents

   70.     Offence of failing to stop and assist after impact causing injury

   PART 6 - MISCELLANEOUS

   71.     Regulations
   72.     Regulations may exclude vehicles, persons and animals from this Act and the regulations
   72A.    Rules
   73.     Use of samples for accident research
   73A.    Rebuttal of evidence of matters of specialised knowledge
   74.     (Repealed)
   75.     Removal of dangers and obstructions to traffic
   76.     Removal of unattended motor vehicles or trailers from certain places
   76A.    Removal of vehicles-incidental provisions relating to towing
   77.     Unpaid fees or charges
   78.     Savings, transitional and other provisions
   79.     Review of Act
           SCHEDULE 1
           SCHEDULE 2
           Dictionary


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