112Open and private access ways

112 Open and private access ways

112 Open and private access ways

(1) An open access way is not a road or road related area or a public place but, except to the extent that this Act or the Community Land Development Act 2021 otherwise provides, the following provisions apply to an open access way as if it were a road or road related area—

(a) the road transport legislation within the meaning of the Road Transport Act 2013,

(b) the Motor Accidents Compensation Act 1999 or the Motor Accident Injuries Act 2017,

(c) Division 2 of Part 7 of the Roads Act 1993,

(d) the Summary Offences Act 1988.

(2) An open access way is a private road for the purposes of the Roads Act 1993 and is not a public road for the purposes of that Act.

(3) A private access way is a road or road related area for the purposes of the Motor Accidents Compensation Act 1999 and a road for the purposes of the Motor Accident Injuries Act 2017.

(4) An authorised person may enter an open access way or a private access way and there exercise a function that the person could have exercised if the access way had been a road or road related area.

(5) Except as provided by subsections (3) and (4), a private access way is not for any purpose a road or road related area, a public road or a public thoroughfare or way.

(6) In this section—

authorised person means—

(a) a police officer, or

(b) an employee of Transport for NSW, or

(c) a person authorised by Transport for NSW, or

(d) a person prescribed by the regulations as an authorised person for the purposes of this section.