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Traffic (General) Regulations (NI)

  • Regulation Applied Law - C2021Q00002
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Other document - Regulation Applied Law as amended, taking into account amendments up to Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 (F2020L01644)
This is a regulation of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 19 Feb 2021
Start Date 19 Dec 2020

 

NORFOLK                            ISLAND

 

Traffic (General) Regulations

No. 3, 1982

Compilation No. 4

Compilation date:                             19 December 2020

Includes amendments up to:            Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 (F2020L01644)

 


 

 

 

 

 

 

NORFOLK                            ISLAND

 

TRAFFIC (GENERAL) REGULATIONS

 

TABLE OF PROVISIONS

PART 1 ¾ PRELIMINARY

         1.      Short title

         2.      Interpretation

 

PART 2 ¾ TRAFFIC REGULATIONS

      2A.      Powers of the Registrar

         3.      Prescribed standards relating to condition and construction and equipment of motor vehicles

      3A.      Bus seating

      3B.      Microphones

         4.      Prescribed lights

         5.      Motor vehicles may be examined

      5A.      Articulated wide vehicles

         6.      Rules of the road

         7.      Condition etc, of motor vehicle

      7A.      Categories of drivers licences

         8.      Registration

      8A.      Registration of certain vehicles prohibited

   8AA.      Third Party Insurance

   8AB.      Registration of veteran, vintage and historic vehicles

   8AC.      Exemption of class of vehicles from registration

      8B.      Authorised inspectors of motor vehicles

      8C.      Authorised inspection stations

      8D.      Registrar may issue rules

       8E.      Books of inspection reports

       8F.      Suspension or cancellation of authorised inspector’s authorities and proprietor’s authorities

      8G.      Notification of decisions by Registrar

         9.      Driving test

      9A.      Prescribed offences, penalties and demerit points

      9B.      Prescribed form

      9C.      Prescribed form - subsection 47B(1)

   9CA.      False information in disputing traffic infringement notice

       9E.      Accuracy and proper working of approved speed measuring devices

    9EA.      Saliva analysis

       9F.      Power to require blood test

      9G.      Taking a person for blood test

      9H.      Person not to leave detention

        9I.      Procedure for taking blood sample

        9J.      Evidence of blood test result

     9JA.      Form for Certificate of Approved Blood Alcohol Analyst

     9JB.      Form for Certificate of Approved Blood Drug Analyst

      9K.      Approved persons and approved analysts

       9L.      Restrictions on taking blood samples

      9M.      Taking blood samples by approved persons

      9N.      Breath analysis devices

      9O.      Interval before taking of sample for analysis

       9P.      Mouthpiece

      9Q.      Certificates

       10.      Prescribed motor cycle helmet

       11.      Prescribed cycle helmet

       12.      Police may inspect helmets

       13.      Evidence

       14.      Seat restraints

    14A.      Seatbelts

    14B.      Exemptions from wearing seatbelts

    14C.      Definitions

    14D.      Exemption from fitting seatbelts

       15.      Repeal

        15A.   Saving provision for motor cycle helmets

        16.      Penalties

 

PART 3 ¾ ROAD SAFETY COMMITTEE

       17.      Road Safety Committee

       18.      Powers of the Committee

       19.      Reports of the Committee

       20.      Meetings of the Committee

                    Schedule 1

                    Schedule 2

                    Schedule 3

                    Schedule 4

                    Schedule 5

                    Schedule 6

                    Schedule 7

 

 


 

NORFOLK                            ISLAND

 

 

Traffic (General) Regulations

_______________________________________________________________________

PART 1  ¾  PRELIMINARY

Short title

      1.         These Regulations may be cited as the Traffic (General) Regulations.

Interpretation

      2.         In these Regulations —

“the Act” means the Traffic Act 2010;

….

“night” means the period starting half an hour after sunset on one day and ending half an hour before sunrise on the following day.

PART 2  ¾  TRAFFIC REGULATIONS

Powers of the Registrar

      2A.      For the purposes of paragraph 5(2) of the Act, the Registrar of Motor Vehicles shall have the following powers

                  (a)        the power to do any act or thing, or to exercise any function or duty, under the Act or these Regulations, which is required of the Registrar of Motor Vehicles;

                  (b)        the power to determine the nature, type, description, and category of any class or classes of motor vehicles for which a licence may be issued under the Act;

                  (c)        the power to determine the content, manner, venue, and nature of any driving test required for the issue of a licence to drive any class of vehicle, and to determine the level or standard for passing such test;

                  (d)       the power to determine the particulars, nature, class, or category of any endorsement and condition to be attached to the issue of any drivers licence issued under the Act.

Prescribed standards relating to condition and construction and equipment of motor vehicles

      3.         (1)        For the purpose of subsection 11(1) of the Act, the following are the prescribed requirements relating to the condition, construction and equipment of motor vehicles, including where applicable, trailers —

                  (a)        if a motor vehicle’s unladen weight exceeds 250 kilograms - it must be capable of being driven backwards and forwards;

                  (b)        subject to subregulation 3(2), the motor vehicle must not exceed 2.5 metres in width;

                  (c)        the motor vehicle must be fitted with 2 independent brakes operable by the driver which are in good working order and of such efficiency that —


                              (i)   in the case of a motor vehicle having 4 or more wheels - they can cause 2 of its wheels on the same axle to be held so that the wheels are effectually prevented from revolving, or have the same effect in stopping the motor vehicle as if the wheels were so held; or

                              (ii)  in the case of a motor vehicle having less than 4 wheels - they can cause one of its wheels to be held so that it is effectively prevented from revolving, or have the same effect in stopping the motor vehicle as if the wheel were so held;

                  (d)       the motor vehicle must be in such a condition as to render the use of the vehicle on a road safe both to the passengers in the vehicle and to other road users and persons;

                  (f)        subject to section 44 of the Act, and unless the vehicle is a trailer, the motor vehicle must be fitted with an audible means of giving adequate warning of the vehicle's approach;

                  (g)        the motor vehicle must be fitted with the lights prescribed by regulation 4.

                  (2)        Subject to regulation 5A, a motor vehicle may exceed 2.5 metres in width if —

                  (a)        the Registrar so approves; and

(b)  any conditions imposed by the Registrar on his approval are observed.

                  (3)        Paragraph 3(1)(d) shall, in addition to the motor vehicle, include all its parts, equipment and accessories.

                  (4)        Subject to a motor vehicle otherwise complying with the provisions of Regulation 3, if the Registrar is satisfied that a motor vehicle complies with such description of the condition, construction and equipment as may be set by the manufacturer of that vehicle or class of vehicle the Registrar may cause the vehicle to be registered.

                  (5)        For the purposes of subsection 9(3) of the Act the amount is  —

            (a)        in respect of motor vehicles other than motor cycles at least $500,000 in respect of any one accident; and

                  (b)        in respect of motor cycles – nil.

Bus seating

      3A.      (1)        The seating configuration in any bus shall be such that there is an easily accessible corridor or aisle from the rear seat of the bus to the front exit door which is at all times without obstruction when passengers are seated and of a sufficient width to enable the unimpeded exit of passengers at their destination or in an emergency.

Penalty:     First offence - 6 penalty units

Second or subsequent offence – 12 penalty units

                  (2)        A bus must not carry more than 1 seated passenger per adult seat, however, 3 primary or preschool children may be carried in a bench type bus seat designed for 2 adults if—

                  (a)        the seat is not required to be fitted with seatbelts; and

                  (b)        the placement and construction of the seat allows; and

                  (c)        the journey time of the third child in the seat is not longer than 45 minutes.

                  (3)        The driver of a bus being used for a tourist service must not carry standing passengers.

Penalty in respect of subregulations 3A(2) and 3A(3):

First offence – 4 penalty units

Second or subsequent offence – 6 penalty units

Microphones

      3B.      (1)        Any microphone, or other device fitted to, or in, a bus or public hire vehicle enabling the driver to communicate with the passengers by amplified sound shall be fitted and designed for hands-free operation by the driver.

                  (2)        The driver of a bus or public hire vehicle must not use a hand-held microphone or other device to communicate with or address passengers while the bus or public hire vehicle is in motion.

Penalty:     First offence – 4 penalty units

Second or subsequent offence – 6 penalty units.

Prescribed lights

      4.         (1)        Subject to subregulation 4(2), for the purpose of paragraph 3(1)(g), the prescribed lights are —

                  (a)        on each side of the front of a motor vehicle - a white or yellow light capable of illuminating the road at night adequately for at least 100 metres in front of the motor vehicle; and

                  (b)        on each side of the rear of the motor vehicle - a red light adequately visible at night from 100 metres behind the vehicle; and

                  (c)        on the rear of the vehicle - a white light illuminating the number plate adequately to make the numbers on it visible at night from 30 metres.

                  (2)        In the case of —

                  (a)        a motor cycle - the cycle need only be fitted with the light referred to in paragraph 4(1)(c) and one each of the lights referred to in paragraphs 4(1)(a) and 4(1)(b); and

                  (3)        The lights referred to in paragraph 4(1)(a) shall be capable of being deflected so as to avoid confusing or blinding any approaching driver of a motor or horse drawn vehicle or cyclist.

                  (4)        A light shall be deemed to comply with subregulation 4(3) if the motor vehicle is standing on a level surface and the main beam of the light, when deflected, is not more than one metre above that level surface 30 metres in front of the vehicle.

Motor vehicles may be examined

      5.         (1)        For the purpose of determining whether a motor vehicle satisfies the conditions prescribed by subregulation 3(1), an authorised person may, at any reasonable time, inspect the vehicle.

                  (2)        The owner or person for the time being having custody of a motor vehicle shall give an authorised person all reasonable facilities for making an inspection under subregulation 5(1).

Penalty:

(a)        3 penalty units; or

(b)        in the case of a second or subsequent conviction — 6 penalty units.

                  (3)        If an authorised person finds that a motor vehicle does not satisfy the conditions prescribed by subregulation 3(1) he may, by written notice given to the owner or person for the time being having custody of the motor vehicle, direct that the vehicle shall not be driven or left standing on a road after —

                  (a)        the giving of the notice; or

                  (b)        the expiration of a period prescribed in the notice,

                  unless:

                  (c)        the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and

                  (d)       the repairs or other work specified in the notice have been carried out to the satisfaction of the authorised person.

                  (3A)     If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:

                  (a)        give a copy of the notice to the Registrar; and

                  (b)        do so within 10 business days after giving the notice.

                  (4)        A person shall not —

                  (a)        drive a motor vehicle on a road; or

                  (b)        leave a motor vehicle standing on a road,

in contravention of a notice addressed to him under subregulation 5(3).

Penalty:

(a)        6 penalty units; or

(b)        in the case of a second or subsequent conviction — 12 penalty units.

                  (5)        In this regulation, “authorised person” means —

                  (a)        the Registrar;

                  (b)        a member of the Police Force; or

                  (c)        an authorised inspector of motor vehicles appointed under regulation 8B.

                  (6)        For the purposes of subregulations 5(3) and 5(4), the notice shall be in the form prescribed as in Schedule 4B, or as near thereto as possible.

Articulated wide vehicles

      5A.      (1)        Subject to subregulation 5A(2), a person shall not —

                  (a)        drive an articulated motor vehicle on a road; or

                  (b)        leave an articulated motor vehicle standing on a road,

where the width of the motor vehicle, including any load or other thing in or on the motor vehicle exceeds 2.5 metres measured at the widest point.

Penalty:

(a)        in respect of a first offence—6 penalty units; or

(b)        in respect of a second or subsequent offence—12 penalty units.

                  (2)        Subregulation 5A(1) does not apply where an articulated motor vehicle —

                  (a)        is on a road otherwise than at night;

                  (b)        does not exceed a speed of 20 kilometres per hour;

                  (c)        if moving, is preceded at a distance of not more than 100 metres or less than 50 metres by another vehicle carrying a prescribed warning sign clearly visible to oncoming traffic;

                  (d)       has attached to the front and rear of the vehicle a clearly visible prescribed warning sign; and

(e)        is being operated in accordance with conditions, if any, imposed by the Registrar under paragraph 3(2)(b).

                  (3)        A reference in subregulation 5A(2) to a prescribed warning sign is a reference to a sign on which is displayed the words “DANGER WIDE LOAD” in capital letters, not less than 25 centimetres high, coloured white on a red background.

Wide vehicle and trailer

      5B.                  The provisions of regulation 5A apply to a vehicle and a trailer coupled to the vehicle if the width of the vehicle or trailer exceeds 2.5 metres.

Rules of the road

      6.         A person driving or in charge of a motor vehicle on a road shall comply with the following rules —

                  (a)        he shall not cause the motor vehicle to travel backwards for a greater distance or time than may be requisite for the safety or convenience of —

                              (i)         the occupants of the motor vehicle; and

                              (ii)        pedestrian and other traffic on the road where such backward travelling is found necessary;

                  (b)        he shall not, when on the motor vehicle, be in such a position that he cannot —

                              (i)         have control over the vehicle; or

                              (ii)        obtain a full view of the road and traffic ahead of the motor vehicle;

                  (ba)   the person must not drive a trailer of less than 1 tonne tare at night unless the trailer is equipped with

                           (i)      a tail light;

                           (ii)     a braking warning light;

                           (iii)    left and right turning indicator lights; and

                           (iv)    a light illuminating the registration number of the trailer or of the car to which the trailer is attached;

                  (bb)   the person must not drive a trailer of 1 tonne tare or more at any time unless the trailer is equipped with the lights listed in paragraph (ba);

                  (bba) the person must not drive a trailer of GTM exceeding 2 tonnes at any time unless the trailer is equipped with a braking system operating on the wheels of the trailer that is in good working order and capable of holding or stopping the wheels of the trailer from revolving;

                  (bc)   A person in breach of paragraph (ba), (bb) or (bba) is liable to a penalty

                           (i)      for a first offence ─ 1 penalty unit;

                           (ii)     for a second or subsequent offence ─ 3 penalty units;

                  (c)        he shall when meeting another vehicle keep the motor vehicle on the left or near side of the road;

                  (d)       he shall, when passing another vehicle proceeding in the same direction, keep the motor vehicle on the right or off side of that other vehicle;

                  (e)        when overtaking another vehicle which is about to stop or is stationary, he shall -

                              (i)   reduce the speed of his vehicle so that he can stop the vehicle immediately in case of sudden danger; and

                              (ii)  not increase the speed of his vehicle until it has passed a reasonable distance beyond that other vehicle;

                  (ea)      the person shall not overtake a vehicle or cycle that has slowed or stopped at a pedestrian crossing or school crossing;

                  (f)        he shall —

                              (i)   not negligently or wilfully prevent, hinder or interrupt the free passage of any person, vehicle, horse or cattle on a road; and

                              (ii)  keep the motor vehicle, and any vehicle drawn by it on the left or near side of the road for the purpose of allowing such passage;

                  (g)        he shall, whenever necessary, by sounding the audible means of warning required by paragraph 3(1)(f), give sufficient warning of the approach and position of his motor vehicle;

                  (h)        he shall, if reasonably requested to do so by a person having charge of a horse, cause the motor vehicle to stop, and to remain stationary so long as may be necessary to give precedence to the horse;

                  (i)         if his motor vehicle is being overtaken by another vehicle, he shall —

                              (i)   if his motor vehicle is in a position where it is likely to obstruct the progress of the overtaking vehicle and if the movement can be made with safety - forthwith cause his motor vehicle to move toward his left so as to allow the overtaking vehicle a reasonable space in which to pass; and

                              (ii)        refrain from —

(A)       turning or diverging his motor vehicle towards his right; or

(B)       increasing the speed of his motor vehicle,

until the overtaking vehicle has passed and drawn clear of his motor vehicle;

                  (j)         he shall, when —

                              (i)         approaching the crest of a grade; or

                              (ii)        travelling upon a curve,

and has not at that time a clear view of the road for a distance of at least 200 metres, keep his vehicle as near as practicable to the left or near side of the road;

                  (k)        he shall when about to —

                              (i)         cause his motor vehicle to turn or diverge towards his right, except to follow the course of the road on which he is driving; or

                              (ii)        draw his motor vehicle out from the kerb,

                                          give a clear signal of his intention to do so —

                              (iii)       by extending his right arm and hand with the palm turned to the front and holding that arm and hand rigid in a horizontal position straight out, on the offside of the motor vehicle; or

                              (iv)       by using a mechanical or electrical indicator;

                  (m)       he shall, when, in accordance with paragraph 6(k), a signal is required to be given, give that signal, if practicable, at least 30 metres from the point at which he intends to cause the motor vehicle to turn or diverge;

                  (n)        he shall when about to —

                              (i)         stop his motor vehicle; or

                              (ii)        reduce the speed of his motor vehicle suddenly,

      give a clear signal of his intention to do so,

                              (iii)       by raising his hand with the palm turned towards the front and his fingers extended and pointing upwards in such a manner that his hand is clearly visible to the driver of any vehicle immediately following the motor vehicle of which he is in charge; or

                              (iv)       by using a mechanical or electrical indicator;

                  (o)        he shall, when, in accordance with paragraph 6(n), a signal is required to be given, give the signal if practicable, at least 30 metres from the point at which he intends to stop or reduce speed as the case may be;

                  (p)        he shall, when giving a signal required to be given under this regulation continue to give that signal for so long as is necessary to give other users of the road a clear indication of his intention;

                  (q)        he shall, when driving a motor vehicle which has a load projecting more than one metre from the rear of that vehicle, attach to the rear of that load —

                              (i)         at night - a red light; and

                              (ii)        at any other time - a red flag or red light,

                  visible at least 100 metres behind the vehicle;

                  (v)        he shall not sound the audible means of warning required by paragraph 3(1)(f) except when necessary for the purpose of giving warning of his approach;

                  (w)       he shall not, when driving a motor vehicle fitted with metallic tracks, drive that vehicle on any sealed portion of a road.

                  Penalty            for breach of a provision of this Regulation other than paragraphs (ba), (bb) and (bba) ─

                              (a)        3 penalty units; or

                              (b)        in the case of a second or subsequent conviction — 6 penalty units.

Condition etc, of motor vehicle

      7.         A person shall not drive or be in charge of a motor vehicle on a road unless —

                  (a)        the vehicle, its parts, equipment and accessories comply with the requirements prescribed by regulation 3; and

                  (b)        if the vehicle is carrying a load - the load is safely and securely fastened to the vehicle and, in appropriate cases covered in such a way that no part of the load may fall, or escape, from the vehicle or render the vehicle unbalanced or in any other way unsafe or unstable; and

                  (c)        if the vehicle is being driven at night - the lights referred to in paragraph 3(1)(g) are illuminated.

                  Penalty:

                              (a)        3 penalty units; or

                              (b)        in the case of a second or subsequent conviction — 6 penalty units.

Categories of drivers licences

      7A.      (1)        The categories of drivers licence are─

                  (a)        “C” (or “car”) licence that permit the holder to drive a motor vehicle of GVM no more than 4.5 tonnes which carries no more than 11 passengers; and

                  (b)        “R” (or “rider”) licence that permits the holder to drive a motor cycle or motor tricycle;

                  (c)        “LR” (or “light rigid” licence that permits the holder to drive any rigid vehicle with 2 axles having a GVM more that 4.5 tonnes but no more than 8 tonnes but any towed trailer must not weigh more than 9 tonnes: the licence includes any vehicle with a GVM no more than 8 tonnes that carries more than 11 passengers and vehicles covered by a category C licence;

                  (d)       “MR” (or “medium rigid”) licence that permits the holder to drive any motor vehicle with 2 axles with a GVM more than 8 tonnes but any towed trailer must not weigh more than 9 tonnes and includes vehicles covered by a category LR licence;

                  (e)        “HR” (or “heavy rigid”) licence that permits the holder to drive any rigid vehicle with 3 or more axles and a GVM more than 8 tonnes or a vehicle towing a trailer if trailer has a GVM of not more than 9 tonnes and includes vehicles covered by a category MR licence; and

                  (f)        “HC” (or “heavy combination”) licence that permits the driver to drive a prime mover attached to a semi-trailer or a rigid vehicle towing a trailer with a GVM of more than 9 tonnes and may include an unladen converter dolly, and includes vehicles covered by a category HR licence.

                  (2)        A learners licence may be issued as a C licence or an R licence or both, but not both if the person is under the age of 16 years.  

                  (3)        A person must have held a C licence for a period of at least 12 months before an application for the issue of an HR or HC may be made.

                  (4)        “GVM” means “gross vehicle mass” which is the maximum allowable total mass of a fully loaded motor vehicle, consisting of the tare mass (mass of the vehicle) plus the load (including passengers).

                  (5)        “GTM” means “gross trailer mass” which is the maximum allowable total mass of a fully loaded trailer, consisting of the tare mass (mass of the trailer) measured as the weight imposed on the axle of the trailer when the trailer is coupled to a towing vehicle.

Registration

      8.         The Registrar shall, on the registration of a motor vehicle, issue to the owner of the vehicle a certificate of registration.

Registration of certain vehicles prohibited

      8A.      (1)        For the purposes of sections 8, 9, 11, and 56(2) of the Act, the Registrar shall not register any bus or other motor vehicle designed, or intended to be used, principally for carrying passengers where the dimensions and capacity of the bus or motor vehicle exceed ¾

                  (a)        Length:      9.5 metres

                              where the length includes any permanent addition to the vehicle.

                  (b)        Width:       2.5 metres

where the width of a vehicle is measured without taking into account any anti-skid device mounted on wheels, central tyre inflation systems, lights, mirrors, reflectors, signalling devices and tyre pressure gauges.

                  (c)        Height:                  3.5 metres

where the height is measured with tyres and tyre pressures as recommended by the manufacturer of the vehicle and including any permanent fitting to the vehicle projecting above the roof line.

                  (d)       Kerb Weight ¾   

                              (i)         for buses with a leaf suspension system¾ 8,000 kg; and

                              (ii)        for buses with an air suspension system¾ 10,500kg

where “kerb weight” means the weight of the vehicle including its normal internal fittings and including its full capacity of fuel and oil and the driver.

                  (2)        This regulation does not apply to a bus or other vehicle that has been modified to be used solely for a purpose other than the carrying of passengers.

Third Party Insurance

      8AA.   (1)        For the purpose of sub-paragraph 8(1)(ab)(i) of the Act, the amount prescribed is ― $1,000,000.

                  (2)        For the purpose of sub-paragraph 8(1)(ab)(ii) of the Act, the amount prescribed is ― $5,000,000.

                  (3)        For the purpose of subsection 9(3) of the Act, the amount prescribed is ―

(i)      in respect of motor vehicles including minibuses ¾ $1million; and

(ii)      in respect of buses ¾ $5million.

Registration of veteran, vintage and historic motor vehicles

      8AB.   (1)        In this regulation

                  (a)        “veteran motor vehicle” means a motor vehicle manufactured before 1 January 1919;

                  (b)        “vintage motor vehicle” means as motor vehicle manufactured after 1 January 1919 but before 1 January 1931;

                  (c)        “historic motor vehicle” means a motor vehicle manufactured after 31 December 1930 that is not less than 30 years old.

                  (2)        If the Registrar is satisfied that a motor vehicle falls within the description of being a veteran, vintage, or historic motor vehicle, he or she may, on payment of the approved fee, register the vehicle in the classification considered by the Registrar most appropriate to the vehicle.

                  (3)        The Registrar may authorise the issue of number plates and registration stickers that designate the classification of a vehicle registered under subregulation (2).

                  (4)        A motor vehicle registered under subregulation (2) may not be used for general purposes and accordingly the registered owner must ensure

                  (a)        that a log book is maintained setting out the dates and times and occasion or reason when the vehicle is taken out under its own motive power;

                  (b)        the log book is carried with the vehicle at all times and available for inspection upon demand by the Registrar or a police officer;

                  (c)        the vehicle is only used at and for travel to and from     

                              (i)         ceremonies, special events, or exhibitions such as weddings, fetes or similar functions, or special vehicle rallies displaying such vehicles to the general public; and

                              (ii)        places for its repair or maintenance, road testing.

                  (6)        Other than as provided in this regulation a vehicle registered under subregulation (2) must comply with the provisions of the Traffic Act 2010 and the Regulations made thereunder.

                  (7)        The owner of a vehicle registered under subregulation (2) who commits a breach of a provision of subregulation 4, commits an offence.

      Penalty 2 penalty units.

Exemption of class of vehicles from registration

      8AC.   A motor vehicle or a class of motor vehicle specified by the Minister by notice in the Gazette is exempt from the registration requirements of the Act during such time or times and subject to such conditions as the Minister may thereby specify.

Authorised inspectors of motor vehicles

      8B.      (1)        For the purposes of section 14C of the Act, a person, who wishes to be appointed an authorised inspector of motor vehicles must apply to the Registrar in the form in Schedule 4A.

Note: the numbering of the Schedule has been changed to 4A to avoid confusion.

                  (2)        If the Registrar is satisfied that an applicant is a person who is in his opinion, suitably qualified and of suitable character he may appoint the applicant to be an inspector of motor vehicles  —

(a)        to conduct inspections and tests of registrable vehicles at specified premises to be known as “authorised inspection stations” for the purposes of determining whether or not the vehicles are suitable for safe use or comply with the requirements of the Act and this Regulation; and

                  (b)        to issue certificates of inspection relating to those inspections.

                  (3)        An inspector’s authority may be issued unconditionally or subject to such conditions as the Registrar may consider appropriate in relation to the person or class of persons concerned.

                  (4)        A condition of the kind referred to in subregulation (3) may be imposed when an inspector’s authority is issued, or at any time after it is issued, and may from time to time be amended or revoked.

                  (5)        An inspector’s authority

                  (a)        applies to the inspection of registrable vehicles generally or to the class or classes of registrable vehicles specified in the authority; and

                  (b)        remains in force until it is surrendered, suspended or cancelled;

                  (c)        is not transferrable;

                  (d)       is to be issued in the manner and in the form approved by the Registrar; and

                  (e)        is subject to any condition imposed by or under this Regulation or Regulation 8D.

                  (6)        An inspector’s authority, or a duplicate of such an authority, must not be issued unless the applicant for the authority or duplicate has paid to the Registrar the approved fee for the issue of the authority or duplicate.

                  (8)        A person must not  —

                  (a)        conduct an inspection or test of a registrable vehicle for the purpose of determining whether or not the vehicle is suitable for safe use or complies with the Act or this Regulation unless the person is the holder of an inspector’s authority; or

                  (b)        issue a certificate of inspection relating to such an inspection unless the person is the holder of an inspector’s authority.

Penalty (subregulation (8(a) and (b)): 6 penalty units.

                  (9)        A person must not issue a certificate of inspection if the person knows, or ought reasonably to suspect, that the report is false or misleading in a material particular.

                  Penalty: 6 penalty units.

                  (10)      The provisions of this Regulation 8B do not apply to a member of the Police Force when exercising the powers of an authorised person under Regulation 5.

                  (11)      A person appointed to be an authorised inspector and who is a public sector employee is exempt from payment of an approved fee in respect of an authorisation to conduct inspections at an authorised inspection station of the Administration.

Authorised inspection stations

      8C.      (1)        An owner or lessee of premises may be authorised in writing to use or permit the use of the premises as an authorised inspection station for the purpose of conducting inspections and tests of registrable vehicles by authorised inspectors if the Registrar is satisfied that:

                  (a)        the premises and the equipment on the premises are suitable for that use; and

                  (b)        the person is competent to carry out the responsibilities associated with the use of the premises for that purpose; and

                  (c)        the person, and each person specified in the application for the  authority as being a person who will be involved in the use of the premises for that purpose, are of suitable character.

                  (2)        An authorisation issued under subregulation 8C(1) is called a “proprietor’s authority”.

                  (3)        A proprietor’s authority may be issued unconditionally or subject to such conditions as the Registrar may consider appropriate.

                  (4)        A condition of the kind referred to in subregulation (3) may be imposed when the approval is issued, or at any time after it is issued, and may from time to time be amended or revoked.

                  (5)        A person must not use premises for the purposes of conducting an inspection or test referred to in subregulation (1) unless the person is an authorised inspector and authorised to carry our inspections in the authorised inspection station.

Penalty: 6 penalty units.

                  (6)        A person who uses an authorised inspection station for the purposes of conducting an inspection or test referred to in subregulation (1) must not permit a certificate of inspection to be issued from that authorised inspection station in relation to any such inspection or test if the person knows, or ought reasonably to suspect, that the report is false or misleading in a material particular.

Penalty: 6 penalty units.

                  (7)        A proprietor’s authority  —

                  (a)        applies to the inspection of registrable vehicles generally or if applicable to the class or classes of registrable vehicles specified in the authority; and

                  (b)        remains in force until it is surrendered, suspended or cancelled;

                  (c)        cannot be transferred;

                  (d)       is to be granted, issued or refused (as the case requires) by the Registrar, and if granted or issued, to be in the manner and form approved by the Registrar; and

                  (e)        is subject to any condition imposed by or under this regulation or Regulation 8D.

                  (8)        A proprietor’s authority or a duplicate of such an authority, must not be issued unless the applicant for the authority or duplicate has paid to the Registrar the the approved fee for the issue of the authority or duplicate.

                  (10)      The Administration is exempt from any fee in respect of a proprietor’s authority or duplicate.

Registrar may issue rules

      8D.      (1)        The Registrar may issue rules, not inconsistent with the Act or this Regulation, relating to all or any of the following:

                  (a)        the inspection and testing of registrable vehicles to determine whether they are suitable for safe use or comply with the Act or this Regulation;

                  (b)        the issue of certificates of inspection;

                  (c)        the use of authorised inspection stations;

                  (d)       the furnishing of information as to persons involved in

                              (i)   the conduct of inspections and tests of registrable vehicles at authorised inspection stations;or

                              (ii)  the use of authorised inspection stations for the purposes of conducting such inspections and tests.

                  (2)        The Registrar may, from time to time, alter any rules so issued.

                  (3)        It is a condition of an inspector’s authority and a proprietor’s authority that the holder of the authority comply with any rule in force under this Regulation that is issued to the person.

                  (4)        If  —

                  (a)        a person, not being an authorised inspector or holder of a proprietor’s authority, requests a copy of any such rules;or

                  (b)        an authorised inspector, or holder of a proprietor’s authority, to whom a copy of those rules has been issued requests a further copy,

the Registrar must issue such a copy or further copy on payment of the approved fee. However, the Registrar may issue a copy without fee in a particular case.

Books of inspection reports

      8E.      On payment of the approved fee, the Registrar may issue a book of certificates of inspection to an authorised inspector or the holder of a proprietor’s authority.

Suspension or cancellation of authorised inspector’s authorities and proprietor’s authorities

      8F.       (1)        Subject to this Regulation, the Registrar may suspend or cancel an inspector's authority or a proprietor's authority if  —

                  (a)        the holder has failed to comply with a condition to which the authority is subject; or

                  (b)        the Registrar is, for any reason, of the opinion that the holder is not or has ceased to be a fit and proper person to continue to hold the authority.

                  (2)        Without limiting subregulation 8F(1)(b)  —

                  (a)        the Registrar may form the opinion that the holder of an authorised inspector’s authority is not a fit and proper person to continue to hold the authority if it is satisfied that any person involved in the conduct of inspections and tests of registrable vehicles pursuant to the authority is not of suitable character; and

                  (b)        the Registrar may form the opinion that  —

                              (i)   the holder of a proprietor's authority is not a fit and proper person to continue to hold the authority if it is satisfied that any person involved in the use of an authorised inspection station pursuant to the authority is not of suitable character; or

                              (ii)  that the premises in respect of which the proprietor’s authority is granted are no longer properly equipped or have become unsuitable for the purpose for which the authority was granted.

                  (3)        The Registrar cannot suspend or cancel an authorised inspector’s authority or a proprietor’s authority unless:

                  (a)        the Registrar by notice in writing requests the person concerned to show cause why the authority should not be suspended or cancelled on the grounds specified in the notice; and

                  (b)        that person replies to the notice or fails to reply within 21 days from the date the notice was issued.

                  (4)        Subregulation (3) does not apply to the suspension of an inspector’s authority or a proprietor’s authority if the Registrar has reason to suspect that the holder of the authority wilfully failed to comply with any rule referred to in regulation 8D and is likely to commit further breaches of those rules.

                  (5)        The holder of an inspector’s authority must not breach a condition of the authority.

Notification of decisions by Registrar

      8G.      (1)        If an application for the issue of an inspector's authority or a proprietor’s authority is refused, or if an inspector's authority or proprietor's authority is suspended or cancelled, the Registrar must notify the applicant or holder of the authority in writing of the refusal, suspension or cancellation and of the grounds for it.

                  (2)        Subject to subregulations (3) and (5), the decision of the Registrar to suspend or cancel an authority has effect on and from the date that is 21 days after the date on which the holder is notified.

                  (3)        Despite subregulation (2), if the Registrar has reason to suspect that the holder of an authority has wilfully failed to comply with any rule in force under subregulation 8D and is likely to commit further breaches of those rules, the decision of the Registrar to suspend or cancel the authority may be expressed, in the instrument by which the holder is notified of the decision, to be effective on and from the date on which the holder is notified, and the decision has effect accordingly.

                  (4)        The date on which a holder is notified under this regulation is:

                  (a)        if the notice is sent by mail-the date when the notice would be delivered in the ordinary course of post; or

                  (b)        if the notice is delivered to the holder personally-the date when it is so delivered.

                  (5)        If the decision to suspend or cancel an authority has effect, the holder must immediately deliver to the Registrar any forms issued by the Registrar in connection with the authority together with the authority itself.

Driving test

      9.         For the purpose of ascertaining whether an applicant for a driving licence is able to drive a motor vehicle with safety to the public the Registrar may require the applicant to submit himself to a driving test by a member of the police force.

Prescribed offences, penalties and demerit points

      9A.      (1)        For the purposes of section 47A of the Act, a prescribed offence is an offence described in Column 3 of an item of Schedule 1 that is an offence against a provision of the Act, or a Regulation made under the Act, specified in Column 2 of that item.

                  (2)        For the purposes of section 47A of the Act, the prescribed penalty in respect of an offence prescribed by subregulation 9A(1) is the penalty specified in Column 4 of the item that relates to that offence.

                  (2A)     A reading given by the device prescribed by subregulation (1) in terms of grams of alcohol per 210 litres of exhaled breath is, and is for all purposes deemed to be, the equivalent of grams of alcohol per 100 millilitres of blood.

                  Note: A reading of 0.05 grams of alcohol per 210 litres of exhaled breath is the same as 0.05 grams of alcohol per 100 millilitres of blood.

                  (3)        For the purposes of Part 8B of the Act, a prescribed offence is an offence described in Column 3 of an item of Schedule 1 —

                  (a)        that is an offence prescribed by subregulation 9A(1); and

                  (b)        in respect of which a number of demerit points is specified in Column 5 of the item.

                  (4)        For the purposes of section 47H of the Act, the prescribed number of demerit points in respect of an offence prescribed by subregulation 9A(3) is the number of demerit points specified in Column 5 of the item that relates to that offence.

                  (5)        For the purposes of section 47G of the Act, the prescribed number of demerit points in respect of a corresponding offence is the number of demerit points specified in Column 5 of the item of Schedule 1 that relates to the offence to which the corresponding offence corresponds.

Prescribed form

      9B.      (1)        For the purposes of subsection 47A(1) of the Act, the form in Schedule 2 is prescribed.

                  (2)        For the purposes of section 47B(1) and subregulation (1) above, the numbers shown in column 1 of each item in Schedule 1 shall be the code number of the offence to be inserted in the Form in Schedule 2.

Prescribed form - subsection 47B(1)

      9C.      For the purposes of subsection 47B(1) of the Act, the form in Schedule 3 is prescribed.

False information in disputing traffic infringement notice

      9CA.   (1)        If a person provides false information in a notice lodged in accordance with section 47C(1) of the Act the person commits an offence and is liable upon conviction to a penalty of not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence.

                  (2)        For the purposes of subsection 47C(1) of the Act, the form in Schedule 4 is prescribed.

Accuracy and proper working of approved speed measuring devices

      9E.      For the purposes of subsection 52(4) of the Act —

                  (a)        the manufacturer’s recommended instrument confidence test and alignment test must be carried out on an approved speed measuring device prior to its first use on each day to measure speed for the purposes of the Act; and

                  (b)        a manufacturer’s recommended calibration verification test must be carried out on an approved speed measuring device within 12 months before the date on which it is used to measure speed for the purposes of the Act; and

                  (c)        in undertaking a manufacturer’s recommended calibration verification test, any commercially obtained ruler or tape measure may be used to measure distance.

Saliva analysis

      9EA.   (1)        This regulation is made for the purposes of subsection 32C(2) of the Act.

                  (2)        If a member of the police detains a person (the “detainee”) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.

                  (3)        The approved person must:

                  (a)        analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:

                              (i)   a Dräger DrugTest 5000 (also known as a Draeger DrugTest 5000);

                              (ii)  a Cozart DDS; and

                  (b)        place the sample in a container; and

                  (c)        fasten and seal the container; and

                  (d)       assign a unique sample number to the sample; and

                  (e)        label the container with:

                              (i)         the unique sample number; and

                              (ii)        the detainee’s name and date of birth; and

                  (f)        complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and

                  (g)        give a copy of that certificate to the detainee.

Power to require blood test

      9F.       If a member of the police force intends to require that person to have a blood sample taken under subsection 32(3) or 32C(3) of the Act the member shall inform the person that the person is required to accompany the member to an approved person for the purpose of having a blood sample taken for analysis to establish the blood alcohol content of the person or the presence in the person’s blood of a drug or psychotropic substance.

Taking a person for blood test

      9G.      A member of the police force must as soon as practicable after requiring a person to have a blood sample taken, bring the person before an approved person for the blood sample to be taken and the member may detain the person for that purpose.

Person not to leave detention          

      9H.      A person must not, if detained under subsection 32(4) or paragraph 32B(2)(d) of the Act, remove himself or herself from the presence of a member of the police force except with, and in accordance with, the permission of the member.

Procedure for taking blood sample

      9I.        (1)        Where a person is brought before an approved person under Regulation 9G, the approved person shall take a sample of the person’s blood in the presence of a member of the police force.

                  (2)        After taking a sample the approved person shall —

                  (a)        divide the sample into parts;

                  (b)        mark or label the receptacles containing the parts with identical identifying particulars;

                  (c)        if the person from whom the sample was taken is capable of understanding the procedures that have been applied to him or her, provide the person with one of the marked or labelled receptacles; and

                  (d)       if the person from whom the sample was taken is incapable of understanding the procedures that have been applied to him or her, keep the sample in the manner approved by the Minister until —

                              (i)         the person is so capable; or

                              (ii)        another person is appointed with legal authority to deal with the sample on behalf of the person,

after which an approved person must, on request, give the sample to the person or the appointed person, as the case may be (but, in any case the approved person is not required under this paragraph to keep a sample for longer than 6 months); and

                  (e)        deliver or cause to be delivered another of the marked or labelled receptacles to an approved analyst for the purpose of analysis.

                  (3)        An approved analyst who analyses a blood sample delivered under subregulation (2)(e) shall cause a certificate to be prepared—

                  (a)        specifying the name, occupation and place of work of the analyst;

                  (b)        stating that on a specified date the analyst carried out an analysis of a blood sample delivered in a receptacle marked or labelled with specified identifying particulars; and

                  (c)        stating whether, in the opinion of the analyst, the sample contains alcohol or another drug, or both alcohol and another drug, and specifying —

                        (i)         in the case of a sample containing alcohol - the concentration of the alcohol expressed in grams of alcohol per millilitre of blood; and

                              (ii)        in the case of a sample containing another drug - the name of the drug and its concentration in the blood.

                  (4)        After preparing a certificate under subregulation (3) an approved analyst shall deliver or cause to be delivered the certificate to a member of the police force.

                  (5)        A member of the police force shall, on receipt of a certificate delivered under subregulation (4), deliver or cause to be delivered a copy of the certificate to the person from whom the blood sample was taken.

                  (6)        A certificate issued under this regulation is evidence of its content whether or not the person who actually performed the analysis provides or signs the certificate provided that the certificate is issued by an organisation that is, in a State or Territory of Australia, licensed or approved to carry out the analysis of blood samples to determine the presence and extent of presence therein of alcohol, drugs or psychotropic substances.

Evidence of blood test result

      9J.       (1)        Where —

                  (a)        evidence is given —

                              (i)         in proceedings for an offence against section 32; or

                              (ii)        in any proceedings in a court

that a blood sample was taken in accordance with regulation 9I, from the person alleged to have committed the offence and placed in a receptacle marked or labelled with specified identifying particulars;

                  (b)        a certificate or a copy of a certificate prepared or purporting to have been prepared in accordance with regulation 9I is tendered in the proceedings, whether or not by a person giving evidence in the proceedings; and

                  (c)        the certificate states that the blood sample to which the certificate relates was contained in a receptacle marked or labelled with identifying particulars that are the same as the particulars mentioned in the evidence referred to in paragraph (1)(a),

                  the certificate is evidence —

                  (d)       that the blood sample referred to in the certificate is part of the sample taken from the person alleged to have committed the offence;

                  (e)        that the person alleged to have committed the offence had, at the time that the sample was taken, a concentration, if any, in the person’s blood of alcohol or another drug or psychotropic substance, or alcohol and another drug and, or a psychotropic substance, equal to the concentration, if any, referred to in the certificate; and

                  (f)        if the sample was taken during the period prescribed for the purposes of this paragraph —

                              (i)         that the person alleged to have committed the offence had, at the time of the commission of the offence, a concentration, if any, in the person’s blood of alcohol or another drug, or alcohol and another drug, equal to the concentration, if any, referred to in the certificate; and

                              (ii)        in the case of a certificate specifying a concentration of alcohol expressed in grams of alcohol per 100 millilitres of blood which exceeds the concentration, described in paragraph 32(1)(b) of the Act that the person alleged to have committed the offence was, at the time of the commission of the offence, under the influence of intoxicating liquor.

                  (3)        In any proceedings in a court, a certificate purporting to be signed by an approved person stating that, on a date and at a time specified in the certificate, he or she —

                  (a)        was an approved person; and

                  (b)        at the request of and in the presence of a police officer took a sample of blood from the person named in the certificate; and

                  (c)        divided the sample into parts; and

                  (d)       marked or labelled the receptacles containing the parts with specified identical identifying particulars; and

                  (e)        dealt with those receptacles in a specified manner,

is evidence of the matters stated in the certificate.

Form for Certificate of Approved Blood Alcohol Analyst

      9JA.    For the purposes of regulation 9I and 9J Form 3A in Schedule 5 is prescribed.

Form for Certificate of Approved Blood Drug Analyst

      9JB.    For the purposes of section 32(1)(a)(ii) and the determination of a drug or psychotropic substance in the blood of a person, Form 3B in Schedule 5 is prescribed.

Approved persons and approved analysts

      9K.      (1)        In these Regulations —

      “approved analyst” means a person —

                  (a)        appointed by the Minister by instrument in writing to be an approved analyst; or

                  (b)        included in a class of persons declared by the Minister by instrument in writing to be approved analysts, being a class specified in the instrument by reference to a particular occupation and place of work; or

                  (c)        employed by an organisation that is, in a State or Territory of Australia, licensed or approved to carry out the analysis of blood samples to determine the presence and extent of presence therein of alcohol, drugs or psychotropic substances;

      “approved person” means a registered medical practitioner or a person —

                  (a)        appointed by the Minister by instrument in writing to be an approved person; or

                  (b)        included in a class of persons declared by the Minister by instrument in writing to be approved persons, being a class specified in the instrument by reference to a particular occupation and place of work.

                  (2)        For the purposes of proceedings in respect of which evidence can be given in accordance with these regulations, a certificate signed or purporting to be signed by the Minister stating that a person was, on a date and at a time specified in the certificate, an approved person or an approved analyst is evidence of the matters stated in the certificate.

Restrictions on taking blood samples

      9L.      (1)        A member of the police force must not require a person to have a blood sample taken in accordance with subsection 32(3)(c) or (d) of the Act if —

                  (a)        where the person is at a hospital, more than 2 hours have elapsed since the person’s arrival at the hospital; or

                  (b)        where —

                              (i)         the member does not know, or has doubt as to, the time at which the accident occurred; and

                              (ii)        the person is found at or near the scene of the accident, and       more than 2 hours has elapsed since the person was found; or

                  (c)        in any other case, more than 2 hours have, in the member’s opinion, elapsed since the accident occurred.

                  (2)        A member of the police force must not require a person to have a blood sample taken (including under subsection 32C(3) of the Act) if —

                  (a)        it appears to the member that it may be, by reason of any injury suffered by the person or otherwise, dangerous or not practicable for that person to have that sample taken; or

                  (b)        the person is in hospital and the medical practitioner attending the person, after having been informed of the member’s intention to require the person to have the sample taken, certifies in writing his or her opinion that compliance with the requirement would be of significant detriment to the person’s medical condition.

Taking blood samples by approved persons          

      9M.     (1)        An approved person treating a person attending a hospital must, if the approved person has reasonable grounds to believe that the attendance arises out of a motor vehicle accident, as soon as reasonably practicable take from that person a sample of the person’s blood for analysis.

                  (2)        An approved person must not take a blood sample from a person if —

                  (a)        the approved person knows, or is informed by a member of the police force, that the person was not the driver of a motor vehicle involved in the accident; or

                  (b)        the medical practitioner attending the person (or, if that medical practitioner is the approved person, the approved person) has certified in writing his or her opinion that the taking of the sample would be of significant detriment to the person’s medical condition,

and is not required to take a blood sample if —

                  (c)        because of the person’s refusal to comply with the approved person’s reasonable directions given for the purposes of taking the blood sample, it is impracticable for the approved person to take that blood sample; or

                  (d)       the approved person believes on reasonable grounds that a blood sample has already been taken from the person for the purposes of this Part.

Breath analysis devices

      9N.      (1)        The following devices are prescribed for the purpose of carrying out a breath analysis under section 32 of the Act:

                  (a)        Dräger Alcotest 7110 MKV, also known as the Draeger Alcotest 7110 MKV;

                  (b)        Dräger Alcotest 9510 AUS, also known as the Draeger Alcotest 9510 AUS.

                  (2)        A device prescribed by subregulation (1) must be tested to return its reading to zero before and after the analysis of a sample and the result recorded in accordance with Schedule 5 Form 1.

                  (3)        The printed statement produced by a device prescribed by subregulation (1) and headed “Australian Federal Police” is deemed a certificate of the result of a Breath Analysis pursuant to Schedule 5 Form 1 and shall be given to the person tested.

                  (4)        Where the printed statement referred to in subregulation (3) states “EST”, that reference shall, after the necessary adjustment from eastern standard time, be deemed to be, and read as, reference to Norfolk Island time.

Interval before taking of sample for analysis

      9O.      It is a requirement for the proper operation of a breath analysing instrument that the authorised operator does not require a person to undertake a breath analysis until the operator is satisfied that the person has not consumed any intoxicating liquor for a period of at least 15 minutes before the analysis.

Mouthpiece

      9P.       It is a requirement for the proper operation of a breath analysing instrument that the authorised operator —

                  (a)        provide a fresh mouthpiece for use by each person submitted to breath analysis; and

                  (b)        use only a mouthpiece which has been kept in a sealed container until required for carrying out the analysis.

Certificates

      9Q.      For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:

                  (a)        in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or

                  (b)        in the case of a saliva analysis under subsection 32C(1) of the Act—either:

                              (i)         the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or

                              (ii)        the certificate is a printout issued or created by the device used for the analysis.

Prescribed motor cycle helmet

      10.       For the purpose of subsection 38(1) of the Act a prescribed motor cycle helmet means─

                              (a)        a helmet that complies with the Australian and New Zealand Standard for protective helmets for motor cyclists known as AS/NZS 1698; and

                              (b)  bears a sticker on the outside or a sewn-in label inside the helmet stating that the helmet complies with or conforms to the Standard.

Prescribed cycle helmet

      11.       For the purpose of subsection 38(5) of the Act, a prescribed cycle helmet means

                              (a)        a helmet that complies with the Australian and New Zealand Standard for protective helmets for pedal cyclists known as AS/NZS 2063; and

                              (b)        bears a sticker on the outside or a sewn-in label inside the helmet stating that the helmet complies with or conforms to the Standard.

Police may inspect helmets

      12.       If a person —

                  (a)        is driving or riding on a motor cycle on a road; or

                  (b)        is riding on a cycle; and

                  (c)        is wearing a helmet,

that person shall, if requested to do so by a member of the Police Force, hand that helmet to that member of the Police Force for inspection.

                  Penalty:           3 penalty units.

Evidence

      13.       In proceedings for an offence under section 38 of the Act proof that─

                  (a)        a motor cycle helmet, worn by the defendant did not have applied to it a sticker or label as described in regulation 10; or

                  (b)        a cycle helmet worn by the defendant did not have applied to it a sticker or label as described in regulation 11,

shall, until the contrary is proved, be sufficient evidence that the helmet was not a prescribed helmet.

Seat restraints

      14.       For the purposes of section 44F of the Act an approved child restraint is one that complies with Australian Standard AS 1754.

Seatbelts

      14A.    For the purpose of section 44J, an approved seatbelt is one which complies with either─

                  (a)        Vehicle Standard (Australian Design Rule 4/03 – Seatbelts) 2005 (Australia) as amended from time to time; or

                  (b)        Land Transport Rule: Seatbelts and Seatbelt Anchorages (New Zealand) that came into force on 1 April 2002 as amended and consolidated from time to time; but

if a seatbelt is to be replaced or newly fitted and the seatbelt is produced by a manufacturer of equipment that may be marketed by another manufacturer than the Original Equipment Manufacturer the seatbelt to be an approved seatbelt must comply with the Australian and New Zealand Standard known as AS/NZS 2596:2003 Seatbelt assemblies for motor vehicles as amended from time to time.

Exemptions from wearing seatbelts

14B.          (1)        For the purposes of section 44G(3) an exemption certificate from wearing a seatbelt may be issued by a medical practitioner in the form of Form 2 in Schedule 6 following receipt of an application in the form of Form 1 in Schedule 6.

                  (2)        The application for an exemption certificate must─

                  (a)        be dated and issued by the applicant’s medical practitioner; and

                  (b)        state the person’s name, address, sex, and date of birth;

                  (c)        state the reason why an exemption is issued; and

(d)       state the date it expires (the expiry date must not exceed 6 months from the date of issue except for musculo-skeletal conditions/deformities of a permanent nature that may be issued for a maximum of 2 years).

                  (3)        A medical practitioner must not issue an exemption certificate unless he is satisfied that the applicant has received a copy of the Guidelines for a Seatbelt Exemption set out in Schedule 7 and that the medical practitioner signing the applicant’s application for an exemption has read the Guidelines and also the “Medical Guidelines for Medical Practitioners” described therein.

Definitions

      14C.    (1)        Where any expression used in sections 44D to 44J or Regulations 14 to 14B or in an adopted rule or standard or guideline is not defined in that section, regulation, rule or standard or guideline, then where applicable the definition set out in the Australian Standard known as Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 as amended from time to time shall apply.

                  (2)        For purposes of these regulations, the term “properly adjusted and fastened”, “properly fastened and adjusted” and securely fitted and fastened” wherever used in sections 38, 44D to 44J or in Regulations 14 to 14B or in an adopted rule or standard or guideline shall in each instance mean that the equipment (helmet or seatbelt) must be worn by the user in such a manner as to be in conformity with the basic design of the equipment. In regard to lap sash seatbelts, the manner of wearing must be such that the sash extends across the front of the user’s chest and the lap part extends across the person’s hip or lap and so that both parts are then properly fastened into the clip.  In any other case, the manner of wearing must be such that the equipment will provide the appropriate safety and protection to the user.

Exemption from fitting seatbelts

      14D.    (1)        For the purpose of subsection 44J(2) a vehicle that has been previously registered is exempt from the requirement to fit seatbelts and may be re-registered without seatbelts being fitted if the Registrar is satisfied that the vehicle does not have, and never has had, any seatbelt anchorage point provided by the manufacturer of the vehicle.

                  (2)        For the purposes of subsection 44G(1), the driver and a passenger in a vehicle that is exempt under subregulation (1) is exempt from compliance with the provisions of sections 44D and 44E.

Repeal

      15.       (1)        The Motor Vehicles Regulations are repealed.

                  (2)        The Road Traffic (Crash Helmet) Regulations are repealed.

Saving provision for motor cycle helmets

      15A.    (1)        Notwithstanding the provisions of regulation 10, a motor cycle helmet that complies with the requirements of the repealed Road Traffic (Crash Helmet) Regulations and was imported into Norfolk Island before the repeal of those Regulations shall be taken to be a prescribed motor cycle helmet for the purposes of section 38(1) of the Act.

                  (2)        If a person, in proceedings under section 38 of the Act seeks to take advantage of the provisions of subregulation (1), proof that a motor cycle helmet worn by the defendant did not have applied to it a mark, figures or letters specified or referred to in regulation 3 of the repealed Regulations shall, until the contrary is proved, be sufficient evidence that the helmet was not a prescribed helmet.

Penalties

      16.       A person who is in breach of a Regulation for which no penalty is provided is liable upon conviction to a penalty not exceeding 3 penalty units for a first offence or 5 penalty units for a second or subsequent offence.

PART 3  ¾  ROAD SAFETY COMMITTEE

Road Safety Committee

      17.       (1)        The Road Safety Committee (the “Committee”) established by section 52B of the Traffic Act 2010 shall consist of –

                  (a)        the persons holding the following offices in the executive and public sector -

                              (i)   the Chief Executive Officer;

                              (ii)  a public service employee appointed under this subparagraph by the Chief Executive Officer;

                              (iii) the Officer in Charge of the Norfolk Island Police; and

                              (iv) the Registrar of Motor Vehicles; and

                  (b)        not more than 2 members of the community appointed by the Chief Executive Officer.

                  (1A)     The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.

                  (2)        The Committee may establish ad hoc advisory sub-committees that may include members of the Committee and any number of members of the community.

                  (3)        The subcommittees shall be authorised by the Committee to consider and make recommendations to the Committee on matters referred to them but have no other authority.

Powers of the Committee

      18.       (1)        The Committee is empowered of its own motion or upon the request of the Chief Executive Officer, to inquire into matters that affect or may affect the safety of persons using the roads, including pedestrians, and to make recommendations to the Chief Executive Officer, including, new or amending legislation, changes to road use, road repair and construction, and road safety campaigns.

                  (2)        The Committee may request persons to give evidence or make submissions to it on particular matters and may for such purpose cause notices to be published in the Gazette.

Reports of the Committee

      19.       (1)        The Committee shall from time to time, and shall when requested by the Chief Executive Officer, report to the Chief Executive Officer upon its deliberations and upon specific issues referred to it or which it has considered of its own motion.

                  (2)        Each year by 30 September, the Committee shall present to the Chief Executive Officer a report of the activities of the Committee for the previous year ended 30 June.

                  (3)        The report of the Committee under the previous paragraph shall include a statement of the views of the Committee of -

                  (a)        the operations of the Traffic Act 2010 and the Regulations made under it;

                  (b)        changes to the laws governing any aspect of road safety and usage that may improve or help to improve road safety;

            (c)        improvements that might be made by way of  road construction or alignment, road surfacing, footpaths, street lighting, safety zones, roundabouts and other physical aspects that may contribute to safe roads and safe road use.

Meetings of the Committee

      20.       (1)        The Committee must meet at least quarterly or more often as required and at a time and place agreed by the members.

                  (2)        Meetings of the Committee shall be chaired by the Chief Executive Officer or in his absence by the Registrar of Motor Vehicles and the person chairing meetings shall be empowered to run the meetings as thought fit but, where necessary in accordance with generally recognised rules for the conduct of meetings.

                  (3)        The Committee may appoint one of the members to act as minute secretary and to keep records of meetings.

 

SCHEDULES
                                                                   SCHEDULE 1                                        Regulation 9A

TRAFFIC INFRINGEMENTS  —  PRESCRIBED OFFENCES,

PENALTIES AND DEMERIT POINTS

 

Column 1

Column 2

Column 3

Column 4

Column 5

Item

Provision

Description

Prescribed Penalty Units

Demerit Points

 

 

 

 

 

1

Subsection 8(5)

Driving an unregistered motor vehicle on a road

2.4

3                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       

 

 

 

 

 

2

Subsection 8(5A)

 

Drive a motor vehicle, or being the owner of a motor vehicle permit another person to drive on a road if the vehicle does not have third party personal injury insurance

3

3

 

 

 

 

 

3

Subsection 8(7)

Being the owner, permitting a person to drive an unregistered motor vehicle on a road

3

3

 

 

 

 

 

4

Paragraph 10(3)(a)

Driving a registered motor vehicle without a registration label

1.2

 

 

 

 

 

 

5

Paragraph 10(3)(b)

Driving a motor vehicle  with a registration label not properly affixed

1.2

 

 

 

 

 

 

 

6

Paragraph 10(3)(c)

Driving a motor vehicle with a registration label that is not readable

1.2

 

 

 

 

 

 

7

Paragraph 14D(6)(c)

Failing to return number plates within 3 months of vehicle ceasing to be registered

1.2

 

 

 

 

 

 

8

Paragraph 14D(6)(d)

Failing to return number plates within 3 months of plates ceasing to be valid in respect of any vehicle

1.2

 

 

 

 

 

 

9

Paragraph 14D(9)(a)

Driving a motor vehicle on a road with number plates not properly affixed

1.2

 

 

 

 

 

 

10

Paragraph 14D(9)(b)

Driving a motor vehicle on a road with number plate obscured or not clearly distinguishable

1.2

10

 

 

 

 

 

11

Subsection 12(1)

Registered Owner of motor vehicle failing to apply for transfer of registration of motor vehicle within 7 days of relinquishing ownership

1.2

11


 

Column 1

Column 2

Column 3

Column 4

Column 5

Item

Provision

Description

Prescribed Penalty Units

Demerit Points

 

 

 

 

 

12

Subsection 12(2)

Person who acquires  ownership of motor vehicle failing to apply to have the registration of motor vehicle transferred within 7 days of acquiring ownership

1.2

 

 

 

 

 

 

13

Subsection 9(5)

Driving motor vehicle with excessive number of passengers

1.2

1

 

 

 

 

 

14

Paragraph 9(7)(a)

Using or allowing a motor vehicle to be used as a private hire vehicle when not registered as such

6

3

 

 

 

 

 

15

Paragraph 9(7)(b)

Using or allowing a motor vehicle to be used as a public hire vehicle when not registered as such

6

3

 

 

 

 

 

16

Subsection 15(1)

Driving a motor vehicle on a road while not being the holder of a licence referred to in subsection 15(1) of the Act

 

1.2

 

 

 

 

 

 

17

Paragraph 15(2)(a)

Person who has not attained the age of 15 years driving a motor vehicle on a road

1.2

1

 

 

 

 

 

18

Paragraph 15(2)(b)

Person who has not attained the age of 16 years driving motor vehicle on a road other than a motor cycle having a piston displacement of not more than 185 cubic centimetres

1.2

1

 

 

 

 

 

19

Subsection 16(5)

Holder of a learners licence driving on a road without an approved “L” sign duly affixed and visible

0.5

1

 

 

 

 

 

20

Subsection 16(6)

Holder of a learners licence driving a vehicle that has been modified from the manufacturer’s specifications

 

 

 

 

 

 

 

21

Subsection 16A(5)

Holder of a provisional licence, or a recognised provisional licence, driving on a road without an approved “P” sign duly affixed and visible

0.5

1


 

Column 1

Column 2

Column 3

Column 4

Column 5

Item

Provision

Description

Prescribed Penalty Units

Demerit Points

 

 

 

 

 

22

Subsection 16A(6)

Holder of a provisional licence, or a recognised provisional licence, driving a vehicle that has been modified from the manufacturer’s specifications

 

0.5

1

 

 

 

 

 

23

Subsection 20(2)

Holder of revoked licence failing to return licence within 7 days of Registrar’s notice

1.2

 

 

 

 

 

 

24

Subsection 23(3)

Holder of learners licence driving motor vehicle, other than motor cycle, whilst unaccompanied by holder of drivers licence or recognised licence corresponding to a drivers licence

1.2

1

 

 

 

 

 

25

Subsection 23(4)

Holder of a learners licence driving a motor cycle on a road while carrying a pillion passenger

1.2

3

 

 

 

 

 

26

Subsection 24(2)

Person to whom section 24(1) applies failing to state name date of birth or produce licence on police request

1.2

1

 

 

 

 

 

26A

Subsection 24A(1)

Driving with L plates without appropriate licence

0.5

1

 

 

 

 

 

26B

Subsection 24A(2)

Driving with P plates without appropriate licence

0.5

1

 

 

 

 

 

27

Subsection 25(5)

Failing to comply with traffic sign (if no other penalty under the Act or any other enactment)

1.2

2

 

 

 

 

 

28

Subsection 26(1)

Failing to comply with “STOP” sign

1.2

3

 

 

 

 

 

29

Subsection 27(1)

Failing to comply with “GIVE WAY” sign

1.2

3

 

 

 

 

 

30

Subsection 28(1)

Failing to comply with applicable speed limit sign

1.2

1


 

Column 1

Column 2

Column 3

Column 4

Column 5

Item

Provision

Description

Prescribed Penalty Units

Demerit Points

 

 

 

 

 

31

Section 28A

Failing to comply with a rule applying at a pedestrian crossing

1.2

3

 

 

 

 

 

32

Section 28B

Failing to comply with a rule applying at school crossing

1.2

3

 

 

 

 

 

33

Section 29

Parking, stopping or causing a motor or horse drawn vehicle or cycle to stand in contravention of terms of a traffic sign

1.2

 

1

 

 

 

 

 

34

Subsection 29A(1)

Failing to give way

1.2

3

 

 

 

 

 

35

Section 29B

Failing to give way at a roundabout

1.2

3

 

 

 

 

 

36

Paragraph 31(a)

Driving a motor vehicle on a road negligently

3.6

3

 

 

 

 

 

37

Paragraph 31(b)

Driving a motor vehicle on a road without reasonable consideration for other road users

3.6

3

 

 

 

 

 

38

Subsection 31A(1)”

Driver of a motor vehicle on a public road using a mobile phone while the vehicle is moving or is stationary but not parked

2

1

39

Section 34

Driving a motor vehicle on a road at less than 15 km an hour in excess of applicable speed limit

1.2

1

 

 

 

 

 

40

Section 34

Driving a motor vehicle on a road at more than 15 km an hour but less than 30 km an hour in excess of applicable speed limit

1.5

3

 

 

 

 

 

41

Section 34

Driving a motor vehicle on a road at more than 30 km an hour but less than 45 km an hour in excess of applicable speed limit

2.25

4

 

 

 

 

 

42

Section 34

Driving a motor vehicle on a road at more than 45 km an hour in excess of applicable speed limit

3

6

 

 

 

 

 

43

Paragraph 37(4)(a)

Driver of motorcycle carrying more than one passenger

1.2

3


 

Column 1

Column 2

Column 3

Column 4

Column 5

Item

Provision

Description

Prescribed Penalty Units

Demerit Points

 

 

 

 

 

44

Paragraph 37(4)(b)

Driver of motorcycle carrying a passenger who has not attained the age of 4 years

1.2

3

 

 

 

 

 

45

Paragraph 37(4)(c)

Driver of a moped, motorcycle or motor tricycle carrying any animal or bird

1.2

2

46

Subsection 37(2)

Passenger on a moped, motorcycle or motor tricycle, not being carried seated astride the vehicle, facing forward and keeping both feet on the footrests designed for use by a pillion passenger

1.2

 

 

 

 

 

 

47

Paragraph 38(1)(a)

Person driving a motorcycle on a road while not wearing a prescribed safety helmet appropriately adjusted on their head

1.2

3

 

 

 

 

 

48

Subsection 38(1)(b)

Driver of a moped, motorcycle, or motor tricycle riding with a passenger who is not wearing a prescribed motor cycle helmet securely fitted and fastened on the passenger’s head

1.2

 

 

 

 

 

 

49

Subsection 38(2)

Person being carried as a passenger on a moped, motorcycle, or motor tricycle on a road while not wearing a prescribed motor cycle helmet securely fitted and fastened on the passenger’s head

1.2

 

 

 

 

 

 

50

Paragraph 39(1)(a)

Person driving a moped, motor cycle, or motor tricycle on a road while not wearing approved footwear appropriately adjusted on their feet

1.2

1

 

 

 

 

 

51

Paragraph 39(1)(b)

Person being carried as a passenger on a moped, motor cycle, or motor tricycle on a road while not wearing approved footwear appropriately adjusted on their feet

 

1.2

 


 

 

Column 1

Column 2

Column 3

Column 4

Column 5

 

Item

Provision

Description

Prescribed Penalty Units

Demerit Points

 

 

 

 

 

 

 

52

Subparagraph 40(1)(a)(i)

Driving a motor vehicle on a road without silencer affixed and in use

1.2

3

 

 

 

 

 

 

 

53

Subparagraph 40(1)(a)(ii)

Driving a motor vehicle on a road which causes undue noise

1.2

3

 

 

 

 

 

 

54

Subparagraph 40(1)(a)(iii)

Driving motor vehicle on a road from any part of which an undue amount of smoke is projected

1.2

3

 

 

 

 

 

55

Paragraph 40(b)

Person making or permitting to be made any unnecessary noise with the horn or other means of alarm affixed to a motor vehicle

1.2

1

 

 

 

 

 

56

Paragraph 40(2)(a)

Person driving a motor vehicle, in a way that causes the tyres or a substance poured onto the road surface, or both, to smoke when the drive wheels lose traction with the road surface

1.5

3

 

 

 

 

 

57

Paragraph 40(2)(b)

drive a motor vehicle in excess of the speed limit whilst racing another driver of a motor vehicle

1.5

3

 

 

 

 

 

58

Section 41

Person in charge of a motor vehicle or horse drawn vehicle causing or permitting a vehicle to remain at rest on a road in such a position, condition or in circumstances as to be likely to cause danger to other persons using the road

1.2

3

 

 

 

 

 

59

Subsection 43(1)

Driving of motor vehicle or horse drawn vehicle or cycle not complying with direction by member of the police force engaged in regulating traffic on a road to stop or proceed in, or keep in line of traffic

1.2

3

 

 

 

 

 

60

Subsection 43(3)

Not complying with police direction to stop made under section 43(2)

1.2

3

 

 

 

 

 

61

Subsection 44(1)

Driving motor vehicle with unauthorised whistle, horn or other warning device

1.2

1


 

Column 1

Column 2

Column 3

Column 4

Column 5

Item

Provision

Description

Prescribed Penalty Units

Demerit Points

 

 

 

 

 

62

Subsection 44(2)

Person driving vehicle fitted with light which might reasonably render the vehicle capable of being mistaken to be a police vehicle, ambulance or a vehicle used in connection with firefighting

1.2

2

 

 

 

 

 

63

Section 44A

Person in charge of a motor vehicle on a road failing to give way to vehicle sounding a siren or a horn or other device that is emitting an alternating or intermittent dual-tone or multi-tone sound

1.2

3

 

 

 

 

 

64

Paragraph 44B(a)

Driver of a motor vehicle in vicinity of fire or accident failing to comply with reasonable directions of a member of the police force as to moving, controlling, stopping or placing their vehicle

1.2

3

 

 

 

 

 

65

Paragraph 44B(b)

Driver of a motor vehicle in vicinity of fire failing to comply with reasonable directions of a person engaged or assisting in the control or extinguishing of the fire.

1.2

3

 

 

 

 

 

66

Section 44C

Person driving a motor vehicle at a speed exceeding 30 km an hour upon part of a road while scholars are entering or leaving or might reasonably be expected to be entering or leaving the school

1.5

1

 

 

 

 

 

67

Subsection 44D(1)

The driver of a motor vehicle that is moving, or is stationary but not parked, failing to wear a seatbelt properly adjusted and fastened

1

1

 

 

 

 

 

68

Section 44E

A passenger aged 16 years or older in a motor vehicle that is moving, or is stationary but not parked, failing to wear a seatbelt properly adjusted and fastened

1

1


 

Column 1

Column 2

Column 3

Column 4

Column 5

Item

Provision

Description

Prescribed Penalty Units

Demerit Points

 

 

 

 

 

69

Subsection 44F(1)

The driver of a motor vehicle (except a bus, mini bus or motor cycle) that is moving, or is stationary but not parked, failing to ensure that each passenger in or on the vehicle who is under 16 years old is properly restrained in either a suitable approved child restraint that is properly fastened and adjusted, or  if 1 year or older, occupies a seating position fitted with a suitable seatbelt worn properly adjusted and fastened

1

1

 

 

 

 

 

70

Subsection 48(2)

A person being the driver of a motor vehicle concerned in an accident whereby death of or injury to a person is caused or damage to an extent apparently in excess of $500 or another prescribed amount is caused to property who fails to stop and produce if required his or her driver’s licence or otherwise fails to comply with the requirements of subsection 48(2) of the Act

1.2

3

 

 

 

 

 

71

Subsection 38(3)

The rider of a cycle that is moving failing to wear a prescribed cycle helmet securely fitted and fastened on the rider’s head

0.3

 

 

 

 

 

 

72

Subsection 48(3)

Driver failing to provide particulars when requested by a member of the police force after accident due to the presence of a motor vehicle on a road where apparent damage to property is not in excess of $500

1.2

3

 

 

 

 

 

73

Subsection 48(4)

Person furnishing false or misleading particulars in respect of any matter pursuant to section 48(3)

2.4

6

 

 

 

 

 

74

Paragraph 49(a)

Person who is owner, having custody of, or registered owner of motor vehicle driven by person alleged to have committed offence under the Act failing to provide name and address of driver when requested by member of police force

1.2

3


 

Column 1

Column 2

Column 3

Column 4

Column 5

Item

Provision

Description

Prescribed Penalty Units

Demerit Points

 

 

 

 

 

75

Paragraph 49(b)

A person (other than the owner of a vehicle, or the person having custody of it or the person in whose name it is registered) who fails if required by a member of the police force to give any information which it is in his power to give and which may lead to the identification of the driver of the vehicle

1.2

3

 

 

 

 

 


76

Subsection 50(2)

Failing to comply with notice of temporary road closure made under section 50(1)

1.2

 

 

 

 

 

 

77

Subregulation 5(2)

Failing to give reasonable facility for inspection by authorised person

1.2

3

 

 

 

 

 

78

Subregulation 5(4)

Failure to comply with Regulation 5(3) defect notice

2.4

3

 

 

 

 

 

79

Paragraph 6(a)

Reversing motor vehicle other than necessary for safety or convenience

1.2

3

 

 

 

 

 

80

Paragraph 6(b)

Driving motor vehicle without control of vehicle or full view of road and traffic

1.2

3

 

 

 

 

 

81

Paragraph 6(c)

Not keeping vehicle to the left or near side of road when approaching a vehicle

1.2

2

 

 

 

 

 

82

Paragraph 6(d)

Not keeping vehicle to the right or off side of road when overtaking a vehicle

1.2

2

 

 

 

 

 

83

Paragraph 6(e)

Failing to slow down when overtaking a vehicle that is stopping or stationary

1.2

3

 

 

 

 

 

84

Paragraph 6(f)

Improperly obstructing free passage on a road

1.2

3


 

Column 1

Column 2

Column 3

Column 4

Column 5

Item

Provision

Description

Prescribed Penalty Units

Demerit Points

 

 

 

 

 

85

Paragraph 6(g)

Failing to give requisite audible warning of approach and position of vehicle

1.2

 

 

 

 

 

 

86

Paragraph 6(h)

Not stopping vehicle as necessary to give precedence to person in charge of horse

1.2

 

 

 

 

 

 

87

Paragraph 6(i)

Failing to allow an overtaking vehicle to safely overtake

1.2

3

 

 

 

 

 

88

Regulation 6(j)

Not keeping vehicle to left or near side of road on blind curve or crest

1.2

1

 

 

 

 

 

89

Paragraph 6(k)

Failing to give requisite signal when turning or diverging to the right

1.2

2

 

 

 

 

 

90

Paragraph 6(m)

Failing to give signal 30 metres before turning or diverging to the right

1.2

1

 

 

 

 

 

91

Paragraph 6(n)

Failing to give requisite signal when stopping or reducing speed

1.2

2

 

 

 

 

 

92

Paragraph 6(o)

Failing to give signal 30 metres before stopping or reducing speed

1.2

1

 

 

 

 

 

93

Paragraph 6(p)

Failing to give required signal for so long as is necessary to give other road users a clear indication of intention

1.2

2

 

 

 

 

 

94

Paragraph 6(q)

Failing to attach red light or flag to load projecting more than 1 metre from vehicle

1.2

 

 

 

 

 

 

95

Paragraph 6(v)

Sounding means of warning other than as necessary to give warning of approach

1.2

 

 

 

 

 

 

96

Paragraph 6(w)

Driving motor vehicle fitted with metal track on sealed portion of a road

1.2

 

 

 

 

 

 

97

Regulation 7

Drive/Being in charge of a dangerous motor vehicle

1.2

 


SCHEDULE 2

Regulation 9B

TRAFFIC INFRINGEMENT NOTICE

 

                                                             SCHEDULE 2                                     Regulation 9B

                                              Traffic Act 2010                    Section 47A

            

TRAFFIC INFRINGEMENT NOTICE

            

 

 

                      DISPOSAL OF THIS MATTER

If you do not wish to have this matter dealt with by the Court you must pay the prescribed penalty within 28 days after the date of this notice, unless the notice is sooner withdrawn.

PROCEDURE FOR PAYMENT OF PENALTY

EITHER present the white and blue copies of this notice with the prescribed penalty to Registrar of Motor Vehicles, Administration Offices, Norfolk Island between the hours of 8 am – 4:30 pm, Monday to Friday;

OR mail the prescribed penalty with the white and blue copies of this notice to:  Registrar of Motor Vehicles, Administration Offices, Norfolk Island 2899, South Pacific.

PART PAYMENT OF THIS PENALTY CANNOT BE ACCEPTED

 

Surname (block letters)

 

 

Given name(s)

State place                                                                     Postcode

of residence

IT IS ALLEGED THAT AT

AM          ON                  DAY

PM                                                                   

Date

     /    /

HE/SHE DROVE MOTOR                                          Registration

Expiry Date

     /    /

Licence No.

State/Country

Class

Expiry Date

     /    /

UPON/Locality

 

 

Date of birth

Driver Experience

SO THAT THE OFFENCE INDICATED HEREUNDER WAS COMMITTED

 

 

Police Officer                   No.

POLICE TO INSERT OFFENCE ITEM NUMBER AS PER SCHEDULE 1

 

$

Signature            Date of issue

 

 

 

 

 

 

This notice may be withdrawn by a member of the Police Force at any time.  Where a person has paid the prescribed penalty in accordance with a notice and the notice is subsequently withdrawn, a full refund will be made.  Withdrawal of a notice before the prescribed penalty is paid does not preclude a subsequent prosecution in the Court in respect of an alleged prescribed offence.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

SCHEDULE 3                                        Regulation 9C

                                                   Traffic Act 2010                           Subsection 47B(1)

               

NON-PAYMENT OF PENALTY UNDER TRAFFIC INFRINGEMENT NOTICE

 

Name

and

Address

 

RE:                                 INFRINGEMENT NOTICE NO.

                                        DATE OF ISSUE

_______________________________________________________________________

 

You have failed to either pay the penalty prescribed or lodge a notice disputing liability under the traffic infringement notice within the period specified in the notice.

 

THEREFORE TAKE NOTICE

You are now liable to pay the penalty set out in the infringement notice plus an administrative charge of $30.00 within 14 days of the date of service of this notice.

 

AMOUNT NOW DUE

Amount payable under traffic infringement notice No.                                              $

Administrative charge                                                                                                         $30

 

                        TOTAL                                                                                                         $

 

 

................................………………..

Registrar of Motor Vehicles


 

SCHEDULE 4
Regulation 9CA
Traffic Act 2010

                                                                                                                              Subsection 47C(1)

                NON-PAYMENT OF PENALTY UNDER TRAFFIC INFRINGEMENT NOTICE

Nameº

Addressº

 

RE:                                 INFRINGEMENT NOTICE NO.

                                        DATE OF ISSUE

_______________________________________________________________________

Take Notice that I, being the person to whom the above infringement notice has been directed dispute liability for the alleged traffic infringement to which the notice relates on the following grounds:-

      *1.       That the driver of the vehicle at the time alleged was [insert name] who resides at [place of residence]; or

      *2.       That I am not liable because [here set out reason why you state you are not liable]

I understand in making this statement that if it is false I may be liable upon conviction for a penalty of up to 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence .

 

Signed ………………………

Date: ………………………..

º name and address of person to whom the infringement notice was sent

*delete which is not applicable.


 

SCHEDULE 4A

Section 14C

Application to be appointed an Inspector of motor vehicles

Regulation 8B(1)

To the Registrar of Motor Vehicles

Administration Offices

Kingston

 

I, ____________________________________ of _________________________________

[Full name in block letters]                              [residential address]

 

apply to be appointed an authorised inspector of motor vehicles.

 

Details of my qualifications are:

1.   I have/have not* been an authorised person for examining motor vehicles under previous Regulations.

2.   I am a                                                                         

3.   I have been employed by other persons and/or* on my own behalf as a

for a period of                       years.

4.   Other matters that relate to my experience and/or qualification are –

 

If appointed I propose to carry out inspections at the following premises (provided they are or become an authorised inspection station):-

1.

 

2.

 

The above premises are owned/leased by me* or are places at which I work as an employee of the owner/lessee*

 

I request that I be authorised to inspect vehicles of the following class or classes;

 

Signed ______________________________

[Applicant’s signature]

 

Date: ____________________

 

* delete or amend as applicable


SCHEDULE 4B

 

TRAFFIC ACT 2010

DEFECT No:

VEHICLE DEFECT NOTICE                                                         Regulation 5(3)

DATE & TIME:

LOCATION:

Name:

 

DOB:

 

Address:

 

Driver's Licence No:

 

PO Box No:

 

Contact No:

(M)

(H)

Vehicle Registration No:

 

Vehicle Registration Expiry:

 

Vehicle Make:

 

Vehicle Colour:

 

Vehicle Type:

 

Vehicle Model:

 

 

Defect report: the above vehicle has been inspected and found that repairs or adjustments are necessary to enable the vehicle to comply with the conditions prescribed by and under the Traffic Act 2010 and the Traffic (General) Regulations

You are required to have repaired:    Brakes □     Wheels/tyres □       Oil/Fuel leaks   □ Horn □     Exhaust/Noise emission □        Steering □        Suspension □         Lights □         Mirrors □       Speedo □    Odometer □      Seats □       Number plates □         Windscreen □       Windscreen Wiper □         Other  □

The following faults were found:

 

 

 

Issued by:
Rank & Name:                                                   Signature:

TIN number:
(Issued under Regulation 7 Traffic (General) Regulations3 penalty units)

DEFECT CATEGORY:                   Minor    □                      Major    □

This vehicle may not be driven after: (Time)              am / pm 

(Date) (d)……….(m)………………….20…………

 

Inspection Report        Inspected □       Approved □        Not Approved □

Authorised Inspector:

…………………………….

 

Signature ……………………………….

Authorised Inspection Station:

……………………………….

Date inspected:

(d)………. (m)……………………..20………

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minor Defects: All remedied or repaired minor defects may be inspected and approved by a member of the Norfolk Island Police Force (NIPF)

Major Defects: All major defects are to be inspected by the Authorised Inspector at an Authorised Inspection Station as designated by the Chief Authorising Inspector (Works Depot).

Note: When the necessary repairs or adjustments have been carried out to the vehicle it is to be presented to the NIPF member issuing this notice.  Driving the vehicle on any Public Road on Norfolk Island before a member of the NIPF rescinds this Defect Notice can lead to:

1.     The cancellation of the vehicle’s registration.

2.     Heavy penalties, including appearance at Court or the issuing of a Traffic Infringement Notice.

NIPF
Clearance
Stamp
here
NIPF Clearance
Signature:	…….
Name:	…….
Date:…………………………
Date:	…….
 


 


                                                   

INFORMATION ABOUT THIS DEFECT NOTICE

 

MINOR DEFECTS:

Once the vehicle is repaired the Defect Notice can be cleared by:

 

Presenting the repaired vehicle to a member of the Norfolk Island Police Force (NIPF)  with the Defect Notice.  (There is no need to have the vehicle inspected by an Authorised Inspector.)

OR

Have an Authorised Inspector inspect the vehicle and complete the Defect Notice.  Present the completed Defect Notice to a member of the NIPF.

 

MAJOR DEFECTS:

The vehicle must be repaired.  The vehicle must be inspected by an Authorised Inspector.  The completed Defect Notice must be presented to a member of the NIPF.

 

DISPUTES:

If you wish to dispute the Defect Notice you must contact the Administration Workshop and arrange for an inspection of the vehicle.  Present the Defect Notice at the time of inspection.

 

BE ADVISED THERE IS AN ADMINISTRATION FEE FOR THE DISPUTE INSPECTION. 

 

 

Traffic (General) Regulations

Prescribed standards relating to condition and construction and equipment of motor vehicles  ¾ subregulation 3(1)

3(1)(d)     the motor vehicle must be in such a condition as to render the use of the vehicle on a road safe both to the passengers in the vehicle and to other road users and persons;

3(1)(g)     the motor vehicle must be fitted with the lights prescribed by regulation 4.

 

Motor vehicles may be examined (subregulation 5).

5(1) For the purpose of determining whether a motor vehicle satisfies the conditions prescribed by subregulation 3(1), an authorised person may, at any reasonable time, inspect the vehicle.

5(3) If an authorised person finds that a motor vehicle does not satisfy the conditions prescribed by subregulation 3(1) he may, by written notice given to the owner or person for the time being having custody of the motor vehicle, direct that the vehicle shall not be driven or left standing on a road after ¾

                (a)    the giving of the notice; or

                (b)   the expiration of a period prescribed in the notice,

        unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person.

5(4)         person shall not —

                (a)    drive a motor vehicle on a road; or

                (b)   leave a motor vehicle standing on a road,

        in contravention of a notice addressed to him under subregulation 5(3).

                Penalty:

                (a)           6 penalty units: or

                (b)           in the case of a second or subsequent conviction 12 penalty units.

5(5) In this regulation, “authorised person” means —

                (a)    the Registrar;

                (b)   a member of the NIPF; or

                (c)            an authorised inspector of motor vehicles appointed under regulation 8B.

 

Noise and smoke (section 40 Traffic Act 2010)

40(1)         A person must not —

                (a)    drive a motor vehicle on a road —

                (i)    unless an efficient silencer is affixed to the exhaust pipe of the vehicle and is used in such a manner that the exhaust is projected through the silencer; or

                (ii)   which causes undue noise that would annoy or distress other persons; or

                (iii)  from any part of which an undue amount of smoke or exhaust fumes is projected;

or

                (b)   make or permit to be made any offensive, loud or unnecessary noise with the horn or other means of alarm, or a radio or sound system installed, affixed to, or carried within a motor vehicle such as to annoy, or be a nuisance to, persons outside the vehicle.

Penalty: 3 penalty units 

 

 


SCHEDULE 5

Form 1

 

Certificate of the result of a Breath Analysis

 

This Certificate is given following the administration of a breath test in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.

A printout issued or created by a prescribed breath analysis device is the equivalent of this certificate for evidentiary purposes.

I certify that I have administered a breath analysis in accordance with the Act and the Regulations and that the following particulars are true and correct ¾

(a)          The test was taken on the    day of                        200  , at        am/pm.

(b)          The test was taken at:..............................................

(c)          The name and date of birth of the person tested is:

               Name...............................................

               Date of birth....................................

(d)          Before and after the analysis of the sample provided I self tested the instrument (or ensured that the machine tested itself) and the results were:

               Before:.................................................

               After:....................................................

(e)          The results of zero tests conducted before and after the analysis of the sample provided were:

               Before:................................................

               After:..................................................

(f)          The sample to which this certificate refers was sample number..................

(g)          The concentration of alcohol in grams per 210 litres of breath (equivalent to 100 millilitres of blood) indicated by the analysis to be present in the blood of the person tested was ....................

I further certify that the serial number of the instrument is...................and that my name is.......................................and that I am a person qualified and authorised to operate the instrument and give this certificate.

 

.....................................................................

Signature.                                                                                                    

Norfolk Island Time or Eastern Standard Time (EST).

 


Form 1A

 

Certificate of the result of a saliva analysis

 

This Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.

A printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.

I certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct¾

(a)   The test was taken on the    day of                        20    , at        am/pm.

(b)   The test was taken at:..............................................

(c)   The name and date of birth of the person tested is:

        Name...............................................

        Date of birth....................................

(d)   The sample to which this certificate refers was sample number..................

(e)   The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................

I further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.

.....................................................................

Signature.                                                                                             


 

Form 2

Traffic Act 2010

(Subsections 32(7) and 32C(4) and Regulation 9I and 9J)

CERTIFICATE OF APPROVED PERSON

            I, the approved person whose name appears below HEREBY CERTIFY that at the date and time shown below, I did the following:

1. Take a sample of blood from the suspect whose name appears below in the presence of a member of the police force, whose name appears below;

2.   Divide the sample into parts;

3.   Mark or label the receptacles containing the parts with identical identifying particulars;

4.   If the person from whom the sample was taken is capable of understanding the procedures that have been applied to him or her, provide the person with one of the marked or labelled receptacles; OR

5.   If the person from whom the sample was taken is incapable of understanding the procedures that have been applied to him or her, keep the sample in the manner approved by the Minister until —

                  (i)         the person is so capable; or

                  (ii)        another person is appointed with legal authority to deal with the sample on behalf of the person,

after which an approved person must, on request, give the sample to the person or the appointed person, as the case may be (but, in any case the approved person is not required under this paragraph to keep a sample for longer than 6 months);

6.      Deliver or cause to be delivered another of the marked or labelled receptacles to an approved analyst for the purpose of analysis.

____________________________________________________________

Name of Approved Person (print): …………………………………  …..

Date of taking of blood sample:                                  /           /

Time of taking of blood sample:                                                          am/pm

Name of suspect from whom sample taken: …………………………  …

Suspect WAS/WAS NOT involved in a car accident (circle applicable)

Identifying particulars marked on receptacles: …………………………

The receptacle WAS/WAS NOT provided to the suspect (circle applicable)

Signature of approved person:       …………………………………………

Name of Police officer present:     …………………………………………

Signature of police officer present: ………………  ………………………

Note 1.           If the approved person did NOT do any of the actions numbered 1 to 6, a single line should be drawn through each action which was not done by the approved person and the approved person should initial on the right side of the non-completed action.

        2.             An approved person is a Registered Medical Practitioner or other person under the Regulations (Reg  9K).


Form 3A

Traffic Act 2010

(Subsections 32(7) and 32C(4) and Regulation 9I and 9J)

CERTIFICATE OF APPROVED BLOOD ALCOHOL ANALYST

I, being an approved analyst whose name, occupation and place of work appears below HEREBY CERTIFY that at the date and time shown below, I did the following:

1.             On the date specified below, carry out or supervised or caused to be carried out an analysis of a blood sample delivered in a receptacle marked or labelled with the identifying particulars specified below;

2.             State as set out below whether, in my opinion, the sample contains alcohol and specifying in the case of a sample containing alcohol – the concentration of the alcohol expressed in grams of alcohol per 100 millilitres of blood and as a percentage; and

3.             After preparing this certificate under Regulation 9I(3), delivered or caused it to be delivered to a member of the police force, who shall, on receipt of this certificate delivered under Regulation 9I(4), deliver or cause to be delivered a copy of the certificate to the person from whom the blood sample was taken.

__________________________________________________________

Name of Approved Analyst (print):…………………………..….………

 

Occupation of analyst (where an individual) .......................….................

 

Place of Work of Analyst (where an individual) ..................…................

 

Date of analysis of blood sample:                                   /               /

 

Time of analysis of blood sample:                   am/pm

 

Identifying particulars marked on receptacles: ……………….….……….

 

Name of suspect from whom sample taken: ………………………………

 

My opinion in accordance with my qualifications skills knowledge and expertise is that

the sample contains            alcohol of a concentration of           ……………  grams of alcohol per

100 millilitres of blood or …… percent (%)

 

Signature of approved analyst/or where the approved analyst is a member of an organisation that is an approved analyst, signature of a person authorised to sign for that organisation

 

....................................................................................

Name (Print)

 

Note:   If the approved analyst did NOT do any of the actions numbered 1 to 3, a single line should be drawn through each action which was not done by the approved analyst and the approved analyst should initial on the right side of the non-completed action.

 


Form 3B

Traffic Act 2010

(Subsections 32(7) and 32C(4) and Regulation 9I and 9J)

CERTIFICATE OF APPROVED BLOOD DRUG ANALYST

I, being an approved analyst whose name, occupation and place of work appears below HEREBY CERTIFY that at the date and time shown below, I did the following:

1.             On the date specified below, carry out or supervised or caused to be carried out an analysis of a blood sample delivered in a receptacle marked or labelled with the identifying particulars specified below;

2.             State as set out below whether, in my opinion, the sample contains a drug or one or more drugs (other than alcohol), and specifying in the case of a sample containing a drug or more than one drug– the name of each drug identified and its concentration in the blood.

3.             After preparing this certificate under Regulation 9I(3), delivered or caused it to be delivered to a member of the police force, who shall, on receipt of this certificate delivered under Regulation 9I(4), deliver or cause to be delivered a copy of the certificate to the person from whom the blood sample was taken.

__________________________________________________________

 

Name of Approved Analyst (print):…………………………..….………

 

Occupation of analyst (where an individual) .......................….................

 

Place of Work of Analyst (where an individual) ..................…................

 

Date of analysis of blood sample:                                           /               /

 

Time of analysis of blood sample:                          am/pm

 

Identifying particulars marked on receptacles: ……………….….……….

Name of suspect from whom sample taken: ………………………………

 

My opinion in accordance with my qualifications skills knowledge and expertise is that

 the sample contains a drug or more than one drug identified in each instance as:

(i)            ………………………………………………….in a concentration of ……………………….in the blood

(ii)           ………………………………………………….in a concentration of ……………………….in the blood

(if more drugs are identified, add a page identifying the other drugs and concentration and

sign and date it and attach it to this certificate)

Signature of approved analyst/or where the approved analyst is a member of an organisation that is an approved analyst, signature of a person authorised to sign for that organisation

....................................................................................

Name (Print)

Note:   If the approved analyst did NOT do any of the actions numbered 1 to 3, a single line should be drawn through each action which was not done by the approved analyst and the approved analyst should initial on the right side of the non-completed action.


SCHEDULE 6

Form 1

Norfolk Island

Traffic (General) Regulations

(Regulation 14B(1))

Application for Seatbelt Exemption Certificate

(to be retained by the medical practitioner)

 

This section 1 is to be completed by the PERSON APPLYING for an exemption

Applicants should refer to the Guidelines for a Seatbelt Exemption (Schedule 7 in the Traffic (General) Regulations) before completing this application.

 

Applicant Details

Title                                                        Mr / Mrs / Ms / Miss (please circle)

Applicant's Last Name:

Applicant's Other Names:

Residential Address:

Telephone Number:

Date of Birth:

Driver Licence Number: (if applicable)

 

Please advise why you believe the seatbelt exemption should be granted to you

(please attach a note if insufficient space below).

 

 

 

 

Declaration:

(Note: to be signed by the applicant/agent or the applicant’s parent/guardian if the applicant is under 16)

 

I hereby apply for a seatbelt exemption.  In making this application I declare that I am fully aware of the increased risks associated with not wearing a seatbelt when travelling in a motor vehicle, as detailed in Section 1 of the guidelines.

 

Applicant’s Signature:

Date:

 


Norfolk Island

Traffic (General) Regulations

Schedule 6

Form 2

(Regulation 14B(1))

Exemption certificate

(To be retained by the driver named below and available for presentation at any time when requested by a police officer)

 

(NOTE: Medical Practitioners will have consulted "Assessing Fitness to Drive” guidelines referred to in the “Guidelines for a Seatbelt Exemption” set out in Schedule 7 of the Traffic (General) Regulations, before assessing a person in relation to seatbelt exemptions.)

 

Medical Practitioner’s Details

Last Name:

Other Names:

Telephone Number:

Postal Address:

 

As detailed in the Assessing Fitness to drive Standards, I consider that the following condition(s) applies to this applicant:

(Please tick only applicable box)

 

Musculoskeletal conditions and deformities:

Physically disabled:                                           

Special height and weight conditions:            

Other (Please detail below):                              

 

(Supply a detailed description of why the applicant is totally unable to wear a standard seatbelt):

 

 

DECLARATION:

I declare that I am fully aware of the road safety implications of not wearing a seatbelt as detailed in Section 1 above and do not consider that a modified seatbelt referred to above would be suitable for this applicant.

I have advised the applicant of the increased risk of injury or death they will face in the event they are involved in a motor vehicle crash.

 

Certificate of exemption

 

I hereby exempt (name of applicant).......................................................................

from the requirement to wear a seatbelt for a period of                months/weeks from the date of this certificate.

 

(NOTE: the exemption Period must not exceed 6 months except for a musculo-skeletal condition/deformity of a permanent nature that must not exceed 2 years)

Signature of Medical Practitioner:

Date:

SCHEDULE 7

Norfolk Island

Traffic (General) Regulations

Guidelines for a Seatbelt Exemption

(Regulation 14B(1))

Part 1 – for applicants

It is compulsory to wear a seatbelt in Norfolk Island.  A Medical Practitioner will only consider granting you an exemption from the requirement to wear a seatbelt after you complete the Medical Certificate portion of the application form.

 

All Australian and New Zealand jurisdictions and peak medical bodies have endorsed strict medical guidelines under which exemptions may be granted.  Studies have indicated that if you do not wear a seatbelt your chances of being killed or severely injured in a motor vehicle crash are far higher than if you have been wearing a seatbelt.

 

Please consider your position carefully before you make an application for a seatbelt exemption.

 

What you need to know before continuing with the application.

·      Why seatbelts are necessary

·      Alternative seatbelts

·      Assessment of applications

·      Medical guidelines for Medical Practitioners

·      Application form for Seatbelt Exemption.

 

Why seatbelts are necessary

·      It is a well proven fact that the chances of being injured or killed in motor vehicle crashes are significantly higher for unrestrained drivers and passengers.  Studies have indicated that unrestrained occupants are over three times more likely to be killed in a motor vehicle accident than those who wear seatbelts.

·      Medical advice suggests there are very few medical conditions that prevent the wearing of a seatbelt (see section 4).

·      All Australian and New Zealand jurisdictions and peak medical bodies have advised they only support the granting of exemptions to people who have certain medical conditions. (see section 4).

·      In the interests of road safety the Medical Practitioner is extremely reluctant to grant an exemption from the requirement to wear seatbelts, unless there is very clear and precise medical advice to support the exemption that indicates that the applicant is totally unable to wear a seatbelt (normal or modified), or other custom seatbelt as detailed in section 2.

 

Alternative seatbelts

Custom seatbelts, which are specifically designed to meet the requirements of people unable to wear standard seatbelts, should be carefully thought about when considering whether to apply for an exemption.

 

Custom seatbelts are manufactured to meet special requirements and provide individual fitting.  Modified belts can remove pressure from sensitive areas and ensure a comfortable fit while maintaining a safety standard compatible with standard seatbelts.

Enquiries regarding modified seatbelts can be made direct to the Medical Practitioner.

 

Assessment of Applications

Completed application forms should be returned to a medical practitioner where they will be assessed.  

 

Applicants should keep the Guidelines for reference purposes.

Applicants who are granted an exemption will be provided with a certificate which must be carried at all times when riding in a motor vehicle. Failure to produce the certificate when requested is an offence.

 

Part 2 - Medical Guidelines for Medical Practitioners

Medical practitioners should refer to the "Assessing Fitness to Drive" guidelines, as published from time to time at http://www.austroads.com.au before assessing a person in relation to seatbelt exemption.

 

(A) Situations where medical reasons could be considered valid for seatbelt exemption:

 

Musculoskeletal conditions and deformities

Severe abnormal skeletal conditions such as; rheumatoid spondylitis, ankylosed major joints, deformity or fusion of the spine or major joints, other gross musculoskeletal deformities, or orthopaedic devices such as body casts may make it impossible to fasten a seatbelt properly.  In such conditions an exemption may be considered.

 

People with a physical disability

People with a physical disability benefit from the use of seatbelts because of the stabilisation provided.  The guidelines for musculoskeletal conditions and deformities also apply to persons with physical disabilities.

 

Special height and weight conditions

Persons less that 5 feet (or 153cm) and those extremely obese will require modification of the seatbelt system subject to meeting the Australian Design Rule Standards (ie. special restraints are available for children.)  If this is not possible, consideration may be given to granting an exemption.

 

(B) Situation where no valid medical reason exists for seatbelt exemptions:

 

Scars

Well healed scars on chest and abdomen are not harmed by properly fitted seatbelts.  Recent tender or painful scars can be protected by a padding taped to the skin over which the seatbelt lies.

 

Pacemakers

Seatbelts do not cause discomfort to the pacemaker wearer or damage the pacemaker itself.  After recent implantations the still tender surgical wound can be protected by a foam pad taped to the skin.

If the wearer of a pacemaker has received a direct compression force from the seatbelt, they should, as a precaution, have the pacemaker checked for any malfunction.

 

Ileostomies and colostomies

Abdominal stomata in persons of average size and build do not interfere with the use of a correctly fitted seatbelt.  If involved in a motor vehicle crash when wearing a seatbelt there can occasionally be irritation to the exposed mucosa causing bleeding and even some mucosal tearing. However, such injuries are relatively minor when compared with the injuries that would have been sustained if a seatbelt had not been worn.

Pregnancy

Pregnancy, irrespective of stage, is not a valid reason for exempting seatbelt use.  Studies of pregnant women wearing seatbelts involved in motor vehicle crashes have not shown any increase in injuries to the foetus, foetal loss or abortion as a result of proper use of a seatbelt.

 

It is important that pregnant women be instructed to position seatbelts properly - the lap part to lie comfortably below the anterior superior iliac spines and the diagonal (sash) part across the costal margin, the sternum and clavicle.  In this way compression of the uterus by the restraint is avoided.

 

Psychological conditions

Persons with severe claustrophobic symptoms can be helped to accept seatbelts by an explanation of their benefits and by demonstration of the use of seatbelts as part of the operation of the motor vehicle.

 

 


 

NOTES

The Traffic (General) Regulations as shown in this consolidation comprises Regulations No. 3 of 1982 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Road Traffic (General) Regulations

3, 1982

1.1.83

 

 

 

 

 

Road Traffic (General) Regulations (Amendment)

5, 1985

19.9.85

 

 

 

 

 

Road Traffic (General) Amendment Regulations 1987

5, 1987

14.5.87

 

 

 

 

 

Road Traffic (General) Amendment Regulations 1992

9, 1992

5.11.92

3

 

 

 

 

Road Traffic (General) Amendment Regulations 1996

2, 1996

1.7.96

 

 

 

 

 

Road Traffic (General) Amendment No. 2 Regulations 1996

5, 1996

1.7.96

 

 

 

 

 

Road Traffic (General) Amendment Regulations 1997

3, 1997

27.3.97

 

 

 

 

 

Road Traffic (General) Amendment Regulations 1998

3, 1998

28.5.98

 

 

 

 

 

Road Traffic  (General) Amendment (No. 2) Regulations 1998

7, 1998

27.8.98

 

 

 

 

 

Road Traffic (General) Amendment (No. 3) Regulations 1998

9, 1998

24.9.98

 

 

 

 

 

[These Regulations were previously consolidated as at 30 March 2000]

 

 

 

 

Road Traffic (Bus Registration and Safety) Amendment Regulations 2001

4, 2001

22.6.01

7 (NB – this transitional section later repealed by Regs 9 of 2007)

 

 

 

 

Road Traffic (Powers of Registrar) Amendment Regulations 2001

8, 2001

5.10.01

 

 

 

 

 

Road Traffic (General) Amendment Regulations 2004

8, 2004

4.6.04

 

 

 

 

 

[These Regulations were previously consolidated as at 20 August 2004]

 

 

 

 

Road Traffic (General) (Amendment) Regulations 2005

2, 2005

18.2.2005

 

 

 

 

 

Road Traffic General (Amendment No. 2) Regulations 2005

7, 2005

28.10.05

 

 

 

 

 

[These Regulations were previously consolidated as at 17 October 2006]

 

 

 

 

Road Traffic (General) (Amendment) Regulations 2007

5, 2007

16.3.07

 

 

 

 

 

Road Traffic General (Amendment No. 2) Regulations 2007

9, 2007

29.6.07

 

 

 

 

 

[These Regulations previously consolidated as at 18 July 2007]

 

 

 

 

Road Traffic General (Amendment No. 3) Regulations 2007

14, 2007

28.9.07

 

 

 

 

 

[These Regulations were previously consolidated as at 15 November 2007]

 

 

 

 

Road Traffic (General) (Amendment) Regulations 2008

2, 2008

6.6.08

 

 

 

 

 

[These Regulations were previously consolidated as at 1 July 2008]

 

 

 

 

Road Traffic (General) (Amendment) Regulations 2009

1, 2009

20.3.09

 

 

 

 

 

[These Regulations were previously consolidated as at 22 March 2009]

 

 

 

 

Road Traffic (General) (Amendment No. 2) Regulations 2009

4, 2009

29.5.09

 

 

 

 

 

[These Regulations were previously consolidated as at 30 May 2009]

 

 

 

 

Road Traffic (General) (Amendment) Regulations 2010

4, 2010

4.6.10

 

 

 

 

 

[These Regulations were previously consolidated as at 10 June 2010]

 

 

 

 

Road Traffic (General) (Amendment No. 2) Regulations 2010

8, 2010

16.7.10

 

 

 

 

 

[These Regulations were previously consolidated as at 17 July 2010]

 

Road Traffic (Amendment) Act 2011

8, 2011

22.7.11

 

 

 

 

 

Traffic (Amendment) Regulations 2011

8, 2011

22.7.11

 

 

[These Regulations were previously consolidated as at 25 July 2011]

 

 

 

 

Traffic (Amendment No. 2) Regulations 2011

11, 2011

19.8.11

 

 

 

 

 

[These Regulations were previously consolidated as at 20 August 2011]

 

 

 

 

Traffic (Amendment No. 3) Regulations 2011

13, 2011

21.10.11

 

 

 

 

 

[These Regulations were previously consolidated as at 22 October 2011]

 

 

 

 

Traffic (Amendment No.4) Regulations 2011

15, 2011

25.11.11

 

 

 

 

 

Traffic (Amendment No.5) Regulations 2011

16, 2011

25.11.11

 

 

 

 

 

[These Regulations were previously consolidated as at 29 November 2011]

 

 

 

 

Traffic (Amendment No.6) Regulations 2011

17, 2011

14.12.11

 

[These Regulations were previously consolidated as at 17 December 2011]

 

 

 

 

Traffic (General) (Amendment) Regulations 2012

6, 2012

29.6.12

 

[These Regulations were previously consolidated as at 1 July 2012]

 

 

 

 

Interpretation (Amendment) Act 2012

[to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

 

 

 

 

[These Regulations were previously consolidated as at 1 July 2012
and re-issued after commencement of the Interpretation (Amendment) Act 2012]

 

 

 

 

Traffic (General) (Amendment) Regulations 2014

2, 2014

4.4.14

 

 

 

 

Ordinance

Registration

Commencement

Application, saving and transitional provisions

Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)
(now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491))

17 June 2015 (F2015L00835)

18 June 2015 (s 2(1) item 1)

Sch 1 (items 344, 345, 382–396, 413)

as amended by

 

 

 

Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015
(No. 10, 2015)

14 Dec 2015 (F2015L01994)

Sch 5 (item 1): 15 Dec 2015 (s 2(1) item 3)

Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018

28 Sept 2018 (F2018L01378)

Sch 1 (item 59): 29 Sept 2018 (s 2(1) item 1)

Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019

12 Aug 2019 (F2019L01048)

Sch 1 (item 100): 13 Aug 2019 (s 2(1) item 1)

Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020

18 Dec 2020 (F2020L01644)

Sch 1 (items 20–25): 19 Dec 2020 (s 2(1) item 1)

 

Table of Amendments

 

ad = added or inserted

am = amended

rep = repealed

rs = repealed and substituted

Provisions affected

How affected

1

am

5, 1987; Act No. 8, 2011

2

am

4, 2001; 11, 2011

2A

ad

8, 2001

 

am

2, 2005

3

am

5, 1987; 2, 2005; 6, 2012

3A

ad

4, 2001

3B

ad

4, 2001

4

rep

4, 2010

5

am

9, 1992; 2, 2005; 11, 2011; Ord No 2, 2015 (as am by F2020L01644)

5(5)(c)

rs

2, 2005

5A

ad

5, 1987; Ord No 2, 2015 (as am by F2020L01644)

 

am

9, 1992; 7, 1998

5B

ad

6, 2012

6

am

9, 1992; 3, 1998; 4, 2010; 6, 2012

7

am

9, 1992

7A

ad

8, 2011

 

am

6, 2012

8

rs

5, 1985

8A

ad

4, 2001

 

am

8, 2004; 2, 2008; 9, 2007; 4, 2010; 2, 2014

8A(3), (4)

Rep/
expired

2, 2008

8AA

ad

5, 2007

 

am

11, 2011

8AB

ad

4, 2009

 

am

Ord No 2, 2015 (as am by F2019L01048)

8AC

ad

17, 2011

8B

ad

2, 2005

 

am

Ord No 2, 2015 (as am by F2019L01048)

8C

ad

2, 2005

 

am

Ord No 2, 2015 (as am by F2019L01048)

8D

ad

2, 2005

 

am

Ord No 2, 2015 (as am by F2019L01048)

8E

ad

2, 2005

 

am

Ord No 2, 2015 (as am by F2019L01048)

8F

ad

2, 2005

8G

ad

2, 2005

8H

ad

8, 2011

 

rep

Ord No 2, 2015 (as am by F2019L01048)

9A

ad

2, 1996

 

am

11, 2011

9B

ad

2, 1996

 

am

11, 2011

9C

ad

5, 1996

9CA

ad

7, 2005

9D

ad

5, 1996

 

rep

Ord No 2, 2015 (as am by F2019L01048)

9E

ad

3, 1998

9EA

ad

Ord No 2, 2015 (as am by F2020L01644)

9F

ad

7, 1998

 

rs

9, 1998; 1, 2009

 

am

Ord No 2, 2015 (as am by F2020L01644)

9G

ad

14, 2007

 

am

2, 2008

 

rs

1, 2009

9H

ad

14, 2007

 

rs

1, 2009

 

am

Ord No 2, 2015 (as am by F2020L01644)

9I

ad

14, 2007

 

rs

1, 2009

 

am

8, 2010

9J

ad

14, 2007

 

rs

1, 2009

 

am

8, 2010

9JA

ad

11, 2011

9JB

ad

11, 2011

9K

ad

1, 2009

9L

ad

1, 2009

 

am

Ord No 2, 2015 (as am by F2020L01644)

9M

ad

1, 2009

9N

am

Ord No 2, 2015 (as am by Ord No 10, 2015)

9O

ad

1, 2009

9P

ad

1, 2009

9Q

ad

1, 2009

 

rs

Ord No 2, 2015 (as am by F2020L01644)

10

am

8, 2011

11

am

8, 2011

12

ad

2, 2005

13

ad

8, 2011

14

ad

8, 2011

14A

ad

11, 2011

14B

ad

11, 2011

 

rs

15, 2011

14C

ad

11, 2011

14D

ad

16, 2011

15

ad

NB – Reg 10 was renumbered as 15 by Regs 8 of 2011 and added to consolidation  

15A

ad

8, 2011

16

ad

NB – Reg 11 was renumbered as 16 by Regs 8 of 2011 and added to consolidation

17

ad

13, 2011

 

am

Ord No 2, 2015 (as am by F2018L01378 and F2020L01644)

18

ad

13, 2011

 

am

Ord No 2, 2015 (as am by F2018L01378 and F2020L01644)

19

ad

13, 2011

 

am

Ord No 2, 2015 (as am by F2018L01378 and F2020L01644)

20

ad

13, 2011

 

am

Ord No 2, 2015 (as am by F2018L01378)

 

 

NB – Regs 17-20 were previously contained in the Traffic (Road Safety Committee) Regs 2005, No. 5/2005, and with their inclusion herein those Regs were repealed (see Reg 4, No. 13 of 2011).

Schedule 1

ad

2, 1996

 

am

3, 1997; 9, 1998; 8, 2011; 11, 2011

 

rs

2, 2005

 

am

13, 2011 NB – including renumbering of all items in Schedule 1; Ord No 2, 2015 (as am by F2020L01644)

Schedule 2

ad

2, 1996

 

am

3, 1997; 11, 2011

 

rs

13, 2011

Schedule 3

ad

5, 1996

Schedule 4

ad

2, 2005

 

rs

7, 2005

Schedule 4A

 

Renumbered by Commissioner of Enactments - see footnote to Reg 8B(1)

Schedule 4B

ad

11, 2011

 

rs

13, 2011

Schedule 5

ad

14, 2007

 

am

2, 2008; 1, 2009; 8, 2010; 11, 2011; 13, 2011; Ord No 2, 2015 (as am by F2020L01644)

Schedule 6

ad

15, 2011

Schedule7

ad

15, 2007

 

am

6, 2012