52ATransitways

#### 52A Transitways 52A Transitways > > (1) The Minister may, by order published in the Gazette, declare to be a transitway— > > > > > (a) any public road, or > > > > > (b) any road that is owned by TfNSW and that is designed to facilitate the movement of vehicular traffic, or > > > > > (c) any road proposed to be constructed on land owned, leased or controlled, or to be owned, leased or controlled, by TfNSW. > > > (2) A transitway is not 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) for the purposes of any Act or law, or any provision of an Act or law, prescribed by the regulations for the purposes of this section. > > > (3) The provisions of any Act forming part of the road transport legislation within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) and any other Act prescribed by the regulations, and of any regulations under any such Act, apply to and in respect of— > > > > > (a) such part of a transitway as is not a road within the meaning of the road transport legislation (but is developed for, or has as one of its main uses, the driving or riding of motor vehicles) in the same way as if it were such a road, and > > > > > (b) such part of a transitway as is not a road related area within the meaning of the road transport legislation (but is an area that divides, or is a footpath or nature strip adjacent to, a part of a transitway referred to in paragraph (a)) in the same way as if it were such a road related area. > > > (4) The regulations may prescribe the classes of traffic that are permitted to enter or travel along, or are prohibited from entering or travelling along, a transitway or any part of a transitway. > > **s 52A:** Ins 1999 No 29, Sch 1 \[3\]. Am 1999 No 29, Sch 1 \[4\]–\[6\]; 2005 No 11, Sch 3.37 \[3\]; 2011 No 41, Sch 5.50 \[1\]; 2013 No 19, Sch 4.72 \[3\] \[4\].