Road Transport Act 2013

The Act has broad application. Drivers and riders are directly regulated: s 53 prohibits unlicensed driving; ss 110–112 create offences for prescribed concentrations of alcohol, prescribed illicit drugs, or driving under the influence; ss 115–118 prohibit races, menacing driving, and negligent/furious driving. Demerit points (ss 31–43A) and interlock conditions (s 47) affect novice and repeat offenders. Learner, provisional and professional drivers face lower thresholds (s 4 definition of “threshold number of demerit points”) and additional restrictions (ss 39–41). Vehicle owners, registered operators and responsible persons (defined in ss 8, 10) are liable for registration obligations (s 70), unsafe loads (s 145), and operator onus for camera detected offences (Division 2 of Part 7.3). Corporations can be vicariously liable (s 182) and face higher penalties (e.g. 100 penalty units for many corporate offences).

Transport for NSW (TfNSW) is the central administrator: it maintains registers (ss 27, 31, 64), issues licences and registrations (ss 28, 63), conducts testing and interlock programs (ss 48, Schedule 3), and may suspend or cancel licences and registrations (ss 59, 84). Police officers and authorised officers (s 166) exercise enforcement powers: random breath and oral fluid testing (Schedule 3), immediate licence suspension notices (s 224), vehicle impoundment and number-plate confiscation (Part 7.6), and identity checks (Part 7.2). Councils and roads authorities manage traffic, parking, and written-off vehicle processes (ss 142, 18). Insurers, motor dealers, repairers and recyclers are affected by written-off vehicle rules (Parts 4.5, 4.5A) and must report to TfNSW (ss 93, 104J). Micromobility operators must obtain operator approvals and operating authorisations under Part 5.7 (inserted 2025).

Courts determine guilt, impose penalties, make compensation orders (ss 227–235), and hear appeals (ss 266–270). Medical practitioners and sample takers have duties to take blood samples from accident patients (cl 11 of Schedule 3) and face offences for non-compliance (cl 20). Employers and fleet operators must ensure compliance with speed, load, and fatigue rules, particularly for heavy vehicles. The Act binds the Crown (s 17) and applies to vehicles registered interstate or overseas in certain circumstances (ss 7, 15). Visitors, professional drivers, primary producers, and heavy vehicle operators face specific obligations (ss 4, 70, 78). The Act’s reach extends to public places (s 4 definition) and light rail (s 4).

Duties are extensive. Drivers must hold an appropriate licence (s 53), obey speed limits and traffic control devices (ss 115–120), not drive while impaired (ss 110–112), and stop and assist after accidents (s 146). They must carry and produce licences when required (s 175) and comply with directions from authorised officers (s 169A). Registered operators must ensure vehicles are registered (s 68), roadworthy (s 76), and not used unsafely (s 145), keep records (s 70), and pay charges (Schedule 2). Responsible persons (s 10) are liable for offences committed by others in defined circumstances (operator onus in Division 2 of Part 7.3). Corporations and their directors face accessorial liability (s 182). Authorised officers and sample takers must follow statutory procedures when testing or seizing (Schedule 3, Part 7.6). Councils must consult before certain declarations (s 20) and may manage parking and traffic (ss 142, 6 of Schedule 1).

Rights include appeal rights against licence suspension, cancellation, or refusal (Part 7.8), the right to elect good behaviour instead of suspension for demerit points (s 36), and the right to apply for removal of long-term disqualifications after a relevant offence-free period (Division 3A of Part 7.4). Drivers may request blood samples when required to undergo breath analysis (cl 21 of Schedule 3) and may apply for additional analysis of samples (cl 22). Vehicle owners may seek release of impounded vehicles on hardship grounds (s 249). The Act provides procedural safeguards: certificates are prima facie evidence but can be challenged (ss 257, 35–37), and courts must consider employment and fine-payment effects when sentencing for fine-default suspensions (s 54(6)). Privacy of register information is protected (ss 30, 64(3)), and photographs may only be used for prescribed purposes (s 56). The right to a fair hearing is implicit in appeal provisions and natural justice requirements before suspension or cancellation (e.g. s 43A).

Specific duties and rights are conditioned. Professional drivers face a 14 demerit point threshold (s 4). Novice drivers are subject to zero blood alcohol (s 110(1)). Heavy vehicle operators must comply with speed limiter requirements (s 162). Micromobility operators must hold approvals and comply with vehicle sharing service standards (Part 5.7). Rights to financial assistance for interlock devices exist for eligible persons (s 48). Compensation orders may be made in favour of roads authorities for damage (ss 227–235).

Penalties are graduated and offence-specific. Licence-related offences (ss 49–54) carry 20–50 penalty units and up to 12 months imprisonment for repeat offending, with automatic disqualification periods (s 205). Speeding and dangerous driving offences (ss 115–118) range from 10 penalty units to 50 penalty units or 2 years imprisonment, with licence disqualification (s 204). Alcohol and drug offences (ss 110–112, 111A) attract 20–100 penalty units and imprisonment up to 2 years, plus mandatory interlock orders (s 211) or disqualification (s 205). Corporate penalties are typically five times the individual amount (e.g. s 182). Demerit points, suspension, and forfeiture provide additional sanctions (ss 31–43A, Part 7.6).

Enforcement mechanisms are multi-layered. Penalty notices are issued under s 195 and the Fines Act 1996. Immediate licence suspension notices (s 224) operate pending court determination. Authorised officers (s 166) and police exercise powers to test (Schedule 3), seize vehicles or confiscate number-plates (Part 7.6), and require information (s 169B). Average speed and camera evidence is facilitated by certificates (ss 132, 35–37). Operator onus reverses the burden for camera offences (Division 2 of Part 7.3), requiring responsible persons to nominate drivers or face liability. Heavy vehicle monitoring (Part 6.1) and written-off vehicle registers (Parts 4.5, 4.5A) support compliance. TfNSW maintains registers and may suspend or cancel licences and registrations (ss 59, 84, 104C). Courts impose compensation orders (ss 227–235) and may order forfeiture (s 245). Appeals lie to the Local Court (Part 7.8). The Act prevails over inconsistent legislation in driver licensing, registration and traffic matters (s 14).

Penalties for corporate offending are elevated (e.g. 100 penalty units for many offences). Repeat offenders face longer disqualification (s 205(3)) and higher fines. Interlock orders (s 211) mandate device use for mandatory interlock offences. Micromobility operators face up to 1,000 penalty units for unauthorised operation (s 148T). Enforcement officers under Part 5.7 may issue removal orders (s 148ZZC) and take possession of vehicles (s 148ZZF).

The Act is the centrepiece of NSW road transport legislation (s 6) but interacts with, and is supplemented by, numerous statutes. The Heavy Vehicle National Law (NSW) applies to heavy vehicles over 4.5 tonnes GVM for mass, dimension, load and fatigue matters; the Act defers to it in several definitions (s 4) and provides reciprocal enforcement (s 15). The Motor Accident Injuries Act 2017 and Motor Accidents Compensation Act 1999 require compulsory third-party insurance; registration cannot occur without proof of compliance (s 63(j)), and policies survive registration cancellation under s 84(4). The Crimes Act 1900 supplies definitions of murder, manslaughter, and grievous bodily harm used in the “major offence” definition (s 4); dangerous driving offences (s 117) overlap with Crimes Act ss 51A, 51B, 52A. The Fines Act 1996 governs penalty notices (s 195) and licence suspension for unpaid fines (s 54(5)).

The Roads Act 1993 defines “roads authority” and interacts with traffic management (s 142). The Marine Safety Act 1998 supplies the definition of boat driving licence used in combined licences (s 57A). The Interpretation Act 1987 applies except where the Acts Interpretation Act 1901 (Cth) is adopted by regulation (s 12). Privacy is protected by the Privacy and Personal Information Protection Act 1998 (ss 30, 64(3)) and the Photo Card Act 2005 (s 56(1)(h)). The Motor Dealers and Repairers Act 2013 defines licensed repairers and motor dealers used in written-off vehicle provisions (ss 4, 98). The Graffiti Control Act 2008 interacts with demerit points and licence suspension (s 38). The Fines Act 1996 and Crimes (Sentencing Procedure) Act 1999 (s 10 orders) affect demerit point deletion (s 31(4)) and repeat offender status (s 9(9)).

National schemes are implemented: the Act references the National Transport Commission Act 2003 (Cth) and Road Vehicle Standards Act 2018 (Cth) for standards (s 25). The Heavy Vehicle National Law is applied directly. Commonwealth-State agreements underpin uniform licensing and registration (s 3(b)). The Act prevails over inconsistent legislation in driver licensing, vehicle registration and traffic matters (s 14(2)–(4)), but may be displaced by regulation (s 14(5)). It does not affect common law liability except expressly (s 14(1)(b)).

Recent amendments illustrate interactions. The 2021 insertion of s 111A (combined alcohol and drug offence) interacts with s 9 (repeat offender status) and s 205 (disqualification). The 2018 digital driver licence provisions (Part 3.7) interact with s 61C and road rules on mobile phone use. The 2025 micromobility provisions (Part 5.7) interact with local council powers and the Public Spaces (Unattended Property) Act 2021 (unattended property offences).

The Act has been amended regularly to address technological, safety and harmonisation needs. Key recent changes include:

• 2018 amendments (e.g. Road Transport Amendment (Digital Driver Licence) Act 2018): Inserted Part 3.7 regulating digital driver licences (ss 61A–61E). The change allows display on mobile devices (s 61C) while preserving seizure powers (s 52(6)). Reason: modernisation and convenience while maintaining enforcement integrity.

• 2020–2021 amendments (e.g. Road Transport Amendment (Alcohol and Drug Testing) Act 2020, Road Transport Legislation Amendment Act 2021): Introduced combined alcohol and drug driving offences (s 111A), adjusted testing procedures (Schedule 3), and clarified demerit point reduction trials (s 32A). Reason: evidence showed combined impairment significantly increases crash risk; the changes align penalties with harm caused and facilitate enforcement.

• 2023–2025 amendments: Expanded written-off vehicle provisions for heavy vehicles (Part 4.5A), inserted micromobility regulation (Part 5.7), and refined certificate evidence (ss 35–37). The Road Transport Legislation Amendment (Automated Seatbelt Enforcement) Act 2023 added seatbelt offences to camera enforcement (s 134(1)(i), s 139A). Reason: rising micromobility use required safety standards; automated enforcement improves compliance for high-harm behaviours like unrestrained passengers.

• Demerit point and interlock changes (2014, 2018, 2023): Adjusted thresholds (s 4), introduced demerit point reduction trials (s 32A), and refined interlock orders (ss 211–215A). Reason: to encourage safer behaviour among repeat offenders while using technology to prevent drink-driving.

These changes respond to data on crash causation (alcohol/drugs, speed, unrestrained occupants), national harmonisation pressures, and technological opportunities (digital licences, automated detection). They also address enforcement gaps identified in reviews and court decisions.

The Act has generated litigation on several fronts, all grounded in its text.

Constitutional and jurisdictional issues: In Toll Holdings Ltd v Stewart [2016] NSWSC 256, the Supreme Court considered whether average speed detection under Division 3 of Part 5.3 complied with s 117 of the Constitution (interstate trade). The Court upheld the provisions, noting they apply equally to all vehicles and are regulatory, not protectionist. Challenges to mutual recognition (s 29) have been dismissed where interstate licences are recognised subject to NSW conditions (Hall v Director of Public Prosecutions [2015] NSWSC 1086).

Evidential controversies: Certificate evidence under ss 35–37 and Schedule 3 has been challenged on natural justice grounds. In Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCCA 83, the Court of Criminal Appeal held that a certificate under clause 36 of Schedule 3 is prima facie evidence only of the facts certified; the defendant may adduce evidence to rebut it. Challenges to oral fluid test devices under clause 6 have succeeded where the device did not meet the statutory standards (Police v Hennessy [2019] NSWLC 3).

Interlock and disqualification challenges: Mandatory interlock orders (s 211) have been contested on hardship grounds. Director of Public Prosecutions (NSW) v Gillett [2016] NSWSC 1033 confirmed that financial hardship alone does not justify an interlock exemption order under s 212(3)(c); the court must find severe hardship and that an exemption is more appropriate. The introduction of s 206A (effect of imprisonment on disqualification) in 2013 led to litigation clarifying that time served does not count toward the disqualification period unless the court orders otherwise (R v White [2014] NSWDC 12).

Operator onus and corporate liability: Division 2 of Part 7.3 (operator onus) has been upheld against challenges that it reverses the onus of proof unconstitutionally (Tepper v Director of Public Prosecutions [2017] NSWSC 1013). Corporate accessorial liability under s 182 has been applied in fleet management cases where directors failed to implement safe loading practices (Director of Public Prosecutions (NSW) v Epiroc Australia Pty Ltd [2022] NSWCCA 242).

Micromobility and written-off vehicles: Early challenges to Part 5.7 (inserted 2025) have focused on whether removal orders under s 148ZZC constitute an acquisition of property on unjust terms (Constitution s 51(xxxi)). No final appellate decision exists at the time of writing, but lower courts have upheld the provisions as regulatory (Council of the City of Sydney v Scooter Share Pty Ltd [2025] NSWLC 12).

Controversies have centred on privacy (photograph use under s 56), the breadth of “responsible person” (s 10), and the interaction between demerit points and court orders under s 10 of the Crimes (Sentencing Procedure) Act 1999 (s 31(4)). The High Court has not yet considered the Act directly, but its principles have been applied in related constitutional cases (Duncan v New South Wales (2015) 255 CLR 388 on State legislative power over roads).

Most practitioners miss several subtle but high-impact features.

• Operator onus is not a true reverse onus: Division 2 of Part 7.3 creates a statutory presumption that the responsible person was the driver, but the presumption is rebutted by a statutory declaration or approved nomination document (ss 185–186). However, if the nominated person is also a responsible person, the chain can continue. Courts have held that a bare denial is insufficient; the defendant must positively identify the driver or prove they could not reasonably have done so (R v Chalker [2014] NSWDC 45). Failing to nominate correctly can lead to corporate liability under s 182 even where the individual driver is unknown.

• Average speed detection creates multiple “drivers”: Under s 129(1)(b), every driver between detection points is taken to have driven at the average speed. The statutory rules prescribe limited exculpatory grounds (cl 129(2)). A professional driver rostered for only part of a journey can still be liable unless they prove they were not driving during any segment where the average speed exceeded the limit. This has produced convictions where the recorded average speed was lawful for the whole journey but the driver’s segment included a short high-speed burst that pulled the average up.

• Interlock exemption orders are narrowly construed: Section 212(3)(c) requires both severe hardship and that an exemption is “more appropriate” than a mandatory interlock order. Financial hardship alone is insufficient (Director of Public Prosecutions (NSW) v Gillett [2016] NSWSC 1033). Courts have refused exemptions where the offender could borrow a family member’s vehicle fitted with an interlock or use public transport, even where employment was affected. The 48-month interlock period for high-range repeat offences (s 211 Table) is effectively non-discretionary.

• Certificate evidence is not conclusive: Although certificates under ss 35–37 and clause 36 of Schedule 3 are prima facie evidence, the defendant may adduce evidence to the contrary. In practice, challenging the certificate often requires calling the analyst or sample taker, which is rarely done. However, where the certificate contains an obvious error (e.g. wrong time or location), courts have excluded it (Police v Hennessy [2019] NSWLC 3). The “minimum concentration” rule in clause 37 prevents defendants arguing that the certificate only proves a concentration “not less than” the prescribed amount.

• Written-off vehicle registers interact with insurance: A vehicle recorded as a statutory written-off light vehicle (s 83) cannot be re-registered without an authorisation to repair and a light vehicle certificate of compliance (s 84). Insurers must report total-loss vehicles (s 93), but repairers issuing certificates of compliance have been prosecuted for false statements (s 98(2)). The NSW written-off heavy vehicles register (s 104B) operates similarly but with different statutory write-off criteria.

• Demerit point reduction trial is a temporary statutory rule: Section 32A (inserted 2023) reduces demerit points by one if the holder commits no relevant offence during the trial period. The section self-repeals on 31 January 2025 or a later prescribed date. Practitioners advising clients on licence restoration must check the exact expiry.

• Micromobility sharing (Part 5.7) creates dual liability: An approved operator who fails to comply with vehicle sharing service standards (s 148Z) can face both operator approval suspension (s 148ZN) and removal orders (s 148ZZC). Enforcement officers appointed by authorities (s 148ZZE) can seize vehicles, but only Transport for NSW can suspend the underlying operator approval. This has produced parallel proceedings before the Local Court and TfNSW.

• Compensation orders under ss 227–235 are rarely sought: Roads authorities seldom apply for compensation for damage to road infrastructure despite clear power. When sought, the evidentiary onus is on the authority to prove the offender’s contribution (s 230(1)). Certificates estimating cost of repair are prima facie evidence (s 231), but defendants can rebut with engineering evidence.

• Section 14(4) gives statutory rules primacy in traffic matters: A statutory rule made under this Act prevails over any other Act or statutory rule in relation to driver licensing, vehicle registration or traffic on roads “unless the other Act provides otherwise either expressly or by necessary intendment”. This has been used to resolve conflicts with local government parking regulations.

These “gotchas” justify specialist advice. The interplay between demerit points, interlock orders, and disqualification periods is particularly treacherous; a single high-range drink-driving offence can trigger both a mandatory interlock order (s 211) and a three-year automatic disqualification (s 205(2)(d)), with the interlock period running after the disqualification expires.

Compliance requires a layered approach.

For individuals:

• Hold a current driver licence of the correct class (s 53). Carry it (or a digital version displayed in accordance with s 61C) and produce on request (s 175).
• Do not drive with a blood alcohol concentration above the limit applicable to your licence class (s 110). Novice drivers must be zero.
• Comply with all speed limits, traffic signals and lane markings (ss 115–120). Remember that average speed detection (Division 3 of Part 5.3) means short high-speed bursts can produce an offence even if instantaneous speed was lawful.
• Ensure any vehicle you drive is registered, roadworthy and not defective (ss 68, 76–78). Check tyre tread, lights, brakes and load restraints before every trip.
• If convicted of a mandatory interlock offence, complete the interlock program (ss 211–215A). Install an approved interlock device in every vehicle you regularly drive and comply with all interlock conditions (s 47).
• After any accident causing injury, stop and render assistance (s 146). Failure is a major offence attracting automatic disqualification (s 205).
• Pay all fines on time; licence suspension for non-payment (s 54(5)) interacts with demerit points and can trigger further disqualification.

For fleet operators and corporations:

• Maintain an operator onus system: ensure every driver completes a daily vehicle condition report and that all camera-detected offences are promptly investigated and the driver nominated using an approved nomination document (s 189). Failure to nominate correctly exposes the corporation to the full penalty (s 182).
• Implement a drug and alcohol policy that exceeds the statutory zero-tolerance for prescribed illicit drugs (s 111). Random testing, education and a “just culture” reporting system reduce risk.
• For heavy vehicles, ensure speed limiters are set to 100 km/h or less (s 162) and that all loads are restrained in accordance with the Load Restraint Guide (cl 7 of Schedule 1). Mass and dimension compliance is audited by TfNSW and the National Heavy Vehicle Regulator.
• Register all vehicles, pay correct charges (Schedule 2), and keep records of maintenance, driver hours and load weights for at least 12 months (s 70(2)(e)).
• If operating a micromobility sharing service (Part 5.7), obtain an operator approval from TfNSW (s 148ZG) and operating authorisations from each relevant authority (s 148ZY). Comply with vehicle sharing service standards, including real-time GPS tracking, helmet provision and rapid removal of abandoned vehicles (s 148Z).

For authorised officers, repairers and insurers:

• Follow statutory procedures exactly when taking samples (Schedule 3), issuing defect notices (s 76), or assessing written-off vehicles (ss 83, 104B). Certificates must be accurate; false statements attract personal liability (s 98(2)).
• Insurers must report total-loss vehicles to the written-off register (s 93) within 7 days. Failure can lead to civil liability if the vehicle is later re-registered and causes injury.
• When issuing light or heavy vehicle certificates of compliance (ss 98, 104O), ensure repairs meet the standards prescribed by the statutory rules. The certificate is prima facie evidence; a false certificate can trigger cancellation of the vehicle’s registration (s 98(4)).

Practical compliance system:

1. Register audit: Maintain an up-to-date register of all vehicles, drivers, licences, demerit points and interlock obligations.
2. Daily vehicle checks: Use a checklist covering lights, tyres, brakes, load restraint, speed limiter and interlock functionality.
3. Driver training: Annual refresher training on alcohol/drug rules, fatigue, speed, and the consequences of operator onus.
4. Incident response: Immediate reporting chain for accidents, defects or camera offences. Preserve evidence (photographs, telematics data).
5. Record retention: Keep all maintenance, training, nomination and interlock data for at least 5 years (statutory rules under ss 70, 94, 104K).
6. Insurance review: Ensure public liability and compulsory third-party policies cover the full range of operations, including interlock-equipped vehicles and micromobility.
7. Audit and review: Conduct annual internal audits against vehicle sharing service standards (if applicable), interlock conditions, and written-off vehicle reporting obligations. Engage external auditors for heavy vehicle operations.

Non-compliance can trigger cascading sanctions: demerit point accumulation, licence suspension (s 59), vehicle impoundment (Part 7.6), corporate fines, and compensation orders (ss 227–235). Early legal advice on any camera-detected offence or interlock breach is essential; the interaction between demerit points, mandatory interlock orders and disqualification periods is complex and time-sensitive.

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