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](/view/html/inforce/current/act-2021-006) 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](/view/html/inforce/current/act-2013-018), > > > > > (b) the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041) or the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010), > > > > > (c) Division 2 of Part 7 of the [Roads Act 1993](/view/html/inforce/current/act-1993-033), > > > > > (d) the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025). > > > (2) An open access way is a private road for the purposes of the [Roads Act 1993](/view/html/inforce/current/act-1993-033) 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](/view/html/inforce/current/act-1999-041) and a road for the purposes of the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010). > > > (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. > > > > road or road related area means a road or road related area within the meaning of section 4(1) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) (other than a road or road related area that is the subject of a declaration made under section 18(1)(b) of that Act relating to all of the provisions of that Act).