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)

SUBORDINATE LAW SL2004 - 20

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.  

Detail

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.  

Table 1 – Increase in Infringement Penalty Amounts
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