Select Legislative Instrument 2009 No. 311
I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Transport Commission Act 2003.
Dated 12 November 2009
Governor‑General
By Her Excellency’s Command
ANTHONY ALBANESE
Minister for Infrastructure, Transport, Regional Development and Local Government
These Regulations are the National Transport Commission (Model Amendments to the National Driver Licensing Scheme (Supporting Principles) – Package No. 1) Regulations 2009.
These Regulations commence on the day after they are registered.
3 Proposed amendments to model legislation
Under section 7 of the National Transport Commission Act 2003, Schedule 1 sets out model legislation to amend the model legislation set out in Schedule 2 to the National Transport Commission (Road Transport Legislation —Driver Licensing) Regulations 2006.
Note 1 The model legislation does not have the force of law (see paragraph 7 (2) (a) of the National Transport Commission Act 2003).
Note 2 These Regulations are not subject to disallowance — see the Legislative Instruments Act 2003, subsection 44 (2) (table, item 44) and the Legislative Instruments Regulations 2004, regulation 8 and Schedule 2 item 7.
Note 3 These Regulations are not subject to sunsetting — see the Legislative Instruments Act 2003, subsection 54 (2) (table, item 51) and the Legislative Instruments Regulations 2004, regulation 9 and Schedule 3 item 4.
Schedule 1 Model Amendments to the National Driver Licensing Scheme (Supporting Principles) — Package No. 1
(regulation 3)
Contents
Page
1. Name 4
2. Purpose
3. Approval 4
4. Document being amended by these Regulations 5
5. Release of information in demerit point register and driver licence register 5
6. Substitution of demerit point table 5
Model Amendments to the National Driver Licensing Scheme (Supporting Principles) — Package No. 1
The following provisions are intended to provide the basis for nationally consistent transport laws on the topics with which they deal. They do not, of themselves, have any legal effect.
These are the Model Amendments to the National Driver Licensing Scheme (Supporting Principles) – Package No. 1.
2. Purpose
The purpose of these Amendments is to amend the Supporting Principles of the National Driver Licensing Scheme –
(a) to insert a note enabling jurisdictions to refer to their own privacy legislation in regulating the release of information held in certain registers; and
(b) to make changes to the demerit points table in clause 21.
3. Approval
These Amendments were approved by the Australian Transport Council on 7 November 2008.
4. Document being amended by these Regulations
These Amendments amend the Supporting Principles of the National Driver Licensing Scheme.
5. Release of information in demerit point register and driver licence register
At the end of clause 12 insert –
"[Local variations – jurisdictions with their own privacy legislation may prefer to refer to the relevant equivalent provisions of that legislation rather than to the Commonwealth Act.]".
6. Substitution of demerit point table
For the table at the end of clause 21 substitute –
Table
Column 1 | Column 2 | Column 3 |
Offence | Demerit points | Australian Road Rules provision where offence created, or as otherwise indicated |
Exceeding speed limit by 45 km/h or more | 6 | 20 |
Exceeding speed limit by 30 km/h or more but less than 45 km/h. | 4 | 20 |
Fatigue driving (critical risk breach) | 4 | National Transport Commission (Model Legislation – Heavy Vehicle Driver Fatigue) Regulations 2006: 44, 45, 46, 49, 51, 52 |
Fatigue driving exceed AFM outer limits (less than 7 days) 30 mins work/rest time (critical risk breach) | 4 | National Transport Commission (Model Legislation – Heavy Vehicle Driver Fatigue) Regulations 2006: 52A |
Fatigue driving exceed AFM outer limits (7 days or more) >1 hour work time (critical risk breach) | 4 | National Transport Commission (Model Legislation – Heavy Vehicle Driver Fatigue) Regulations 2006: 52A |
Excessive speed approaching a children’s or pedestrian crossing | 3 | 80(1), 81(1) |
Disobeying traffic signal | 3 | 56(1), 56(2), 57(1), 57(2), 59(1), 60, 60A(1), 60A(2), 61(2), 66(1), 66(4), 152(1), 281, 282, 284, 286(2), 286(3) |
Disobeying stop or give way traffic sign or line | 3 | 67(1), 68(1), 69(1), 70, 71(1), 101(1), 101(2), |
Disobeying traffic direction by a police or authorised officer | 3 | 304(1) |
Failing to give way | 3 | 38, 62, 63(2), 63(3), 64, 72(1), 73(1), 74(1), 75(1), 76(1), 76(2), 77(1), 79(1), 83, 84(1), 85, 86(1), 87(1), 87(3), 114(1), 114(2), 148(1), 148(2), 148A, 149, 288(4), 289(2) |
Failing to stop or give way at pedestrian, children’s or level crossing | 3 | 65(2), 80(2), 80(3), 80(4), 81(2), 82, 121, 122, 123 |
Driving with an unrestrained passenger under the age of 16 years | 3 | 266(1) |
Driving with an unrestrained passenger 16 years old and above | 3 | 265(3) |
Driving contrary to a major defect notice | 3 | Road Transport Reform (Heavy Vehicles Registration) Regulations: 42(2) |
Driving on wrong side of double dividing lines, or on wrong side of divided highway | 3 | 132(2), 135(1), 132(2A) |
Exceeding the speed limit by 15 km/h or more but less than 30 km/h | 3 | 20 |
Driving without a seat belt | 3 | 264(1) |
Driving in a tram lane or in the path of a tram | 3 | 76(1), 76(2), 155(1) |
Driving in the path of a police or emergency vehicle | 3 | 78(1), 78(2) |
Motorcyclist not wearing a helmet | 3 | 270(1) |
Use mobile phone while driving | 3 | 300 |
Risk colliding with alighting, boarding or waiting tram passengers | 3 | 162(1), 163(1), 164(1) |
Careless or negligent driving | 3 | unspecified |
Fatigue driving (severe risk breach) | 3 | National Transport Commission (Model Legislation – Heavy Vehicle Driver Fatigue) Regulations 2006: 44, 45, 46, 49, 51, 52 |
Fatigue driving (driving while impaired) | 3 | National Transport Commission (Model Legislation – Heavy Vehicle Driver Fatigue) Regulations 2006: 28 |
Fatigue driving exceed AFM outer limits (less than 7 days) >15 mins but 30 mins work/rest time (severe risk breach) | 3 | National Transport Commission (Model Legislation – Heavy Vehicle Driver Fatigue) Regulations 2006: 52A |
Fatigue driving exceed AFM outer limits (7 days or more) >30 mins but 1 hour work time (severe risk breach) | 3 | National Transport Commission (Model Legislation – Heavy Vehicle Driver Fatigue) Regulations 2006: 52A |
Improper overtaking or passing | 2 | 93(1), 94, 140, 141(1), 142(1), 143(1), 143(2), 144, 160(2), 160(3), 161(2), 161(3) |
Turning or stopping without signalling | 2 | 46(1), 48(1), 53(1), 53(2), 53(3), 112(2), 112(3), 113(2), 113(3), 117(1), 117(2), 118(1) |
Turning improperly | 2 | 27(1), 28(1), 28(1A), 29, 31(1), 32(1), 33(1), 34(1), 37, 39(1), 39(2), 40, 41, 42, 88(1), 88(2), 89(1), 89(2), 90, 91(1), 91(2) |
Failing to keep left (other than double dividing lines) | 2 | 115(1), 129(1), 130(2), 131, 132(1), 132(2), 132(2A) |
Driving contrary to a minor defect notice | 1 | Road Transport Reform (Heavy Vehicles Registration) Regulations: 42(2) |
Failure to dip headlights | 1 | 218(1), 219 |
Following too closely | 1 | 126, 127(1) |
Driving at night without lights on | 1 | 215(1), 216(1) |
Exceeding the speed limit by less than 15 km/h | 1 | 20 |
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.