Review of the Road Transport Act 2013 Discussion Paper
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Transport for NSW Review of the Road Transport Act 2013 Discussion paper Review of the Road Transport Act 2013 | Discussion paper | August 2019 1 www.transport.nsw.gov.au August 2019 Contents 1. Foreword 3 2. Public consultation 4 2.1. How to make a submission 4 2.2. What will happen with the submissions? 4 3. Background and national context 5 3.1. National Harmonisation of road transport laws 5 3.2. Consolidation of NSW road transport law 5 4. The Road Transport Act 2013 6 4.1. Objectives of the Act 6 4.2. Chapters of the Act 6 4.3. The Regulations 6 5. Functions of the Road Transport Act 2013 7 5.1. NSW Driver Licensing Scheme 7 5.2. NSW Graduated Licensing Scheme 7 5.3. NSW Demerit Point Scheme 7 5.4. Australian Road Rules 7 5.5. NSW Vehicle Registration Scheme 7 5.6. NSW Safety and Traffic Management Regime 8 5.7. Heavy Vehicles and Road Transportation 8 5.8. NSW Compliance and Enforcement Regime 9 6. Future Transport Strategy 10 6.1. Road Safety Plan 2021 10 6.2. Connected and Automated Vehicles Plan 11 6.3. NSW Electric and Hybrid Vehicle Plan 11 7. Technology and innovation - responding to emerging trends 12 7.1. Connected and Automated Vehicles (CAVs) 12 7.2. Driverless Vehicles - Who is driving? 13 7.3. Electric and Hybrid Vehicles 13 7.4. Future Services 14 7.5. Mobile Phone Technology 15 7.6. Digital Learner Driver Log Book Apps 15 7.7. NSW Digital Driver Licence 15 8. Conclusion 16 Review of the Road Transport Act 2013 | Discussion paper | August 2019 2 1. Foreword The Road Transport Act 2013 (the Act) is The purpose of this Discussion Paper is to administered by the Minister for Transport seek public comment on and proposals for and Roads jointly with the Minister for any amendments to the Act, to understand Regional Transport and Roads. Section 280 any concerns with the Act, and to seek views of the Act requires the Minister to review on how these concerns may be addressed. the Act to determine whether the policy objectives of the Act remain valid and that the terms of the Act remain appropriate for securing those objectives. Review of the Road Transport Act 2013 | Discussion paper | August 2019 3 2. Public consultation 2.1. How to make a submission This Discussion Paper is available for download from the Have Your Say and Interested parties are invited to submit TfNSW websites. written comments on the Act to Transport for NSW (TfNSW) or via the NSW nsw.gov.au/improving-nsw/have-your-say Government Have Your Say website transport.nsw.gov.au nsw.gov.au/improving-nsw/have-your-say. 2.2. What will happen with the In particular, comments are sought on the submissions? following questions. TfNSW will review the submissions received Q1. Do you feel that the objects or scope of which may be used to inform the statutory the Act need to change? If so, how? review and development of potential Q2. Are there inconsistencies, overlap amendments to the Act. or duplication that exists between road TfNSW will consider all submissions transport legislation and other laws? If so, do received on this discussion paper, they create problems? including whether there are clear Q3. What areas of the current road transport obligations and accountabilities within law are problematic? Can you detail the any proposed changes to the Act, the impacts? impacts on stakeholders and whether the proposed changes would be effective A public notice advising of the review will and proportional. In addition, TfNSW will appear in The Sydney Morning Herald and also consider whether proposed changes The Daily Telegraph. are consistent and aligned with nationally If commenting on a specific matter in the agreed policy positions. Act, please complete the feedback form All written submissions will be published, which can be downloaded from the TfNSW unless they contain a clear statement website transport.nsw.gov.au. indicating that the person submitting it By post: wishes it to remain confidential. Personal Review of the Road Transport Act 2013 information of people making submissions Transport Policy will be treated in accordance with the Customer Strategy and Technology Privacy and Personal Information Protection Transport for NSW Act 1998 and TfNSW’s Privacy Management PO Box K659 Plan. Haymarket NSW 1240 Any proposed amendments to the Act will By email: be provided to the NSW Government for [email protected] consideration. If the proposed amendments If you do not wish your submission to be are approved by NSW Government, a published please ensure that you clearly Bill will be developed to implement the state this at the front of your submission. amendments. After successful passage of the Bill through both Houses of Parliament, The public consultation period is 28 days. the Bill will be forwarded to the NSW Governor for assent. Review of the Road Transport Act 2013 | Discussion paper | August 2019 4 3. Background and national context 3.1. National Harmonisation of road 3.2. Consolidation of NSW road transport laws transport law In the early 1990s, the National Road In 2013, the NSW Government approved the Transport Commission (now National amalgamation of road transport law into a Transport Commission) was established as single Act. This decision delivered a number an independent national body responsible of benefits for the people of NSW including for the development of national road a reduction in red tape and the removal of transport law to provide a consistent and anomalies, inconsistencies and complexities uniform regulatory environment for driver in the legislation. The Government also licensing, vehicle registration, compliance recognised that the consolidation of road and enforcement and heavy vehicle charges. transport law into a single Act would be more effective in enabling NSW road The national model road transport legislation transport legislation to respond to future was based on a series of modules which challenges arising from advances in were developed by the National Transport technology. It was also acknowledged that Commission(NTC) and progressively there was a need to standardise a number adopted in NSW between 1995 and 2005 of processes to deliver better road safety by enacting the following legislation: the outcomes including alcohol and drug testing Road Transport (Heavy Vehicle Registration and that this would be more effectively Charges) Act 1995, the Road Transport achieved through the consolidation of the (Vehicle Registration) Act 1997, the Road legislation. Transport (Driver Licensing) Act 1998, the Road Transport (Safety and Traffic The Road Transport Act 2013 commenced Management) Act 1999, and the Road on 1 July 2013 and amalgamated into one Transport (General) Act 2005. Act the Road Transport Driver Licensing, Vehicle Registration, Safety and Traffic Management Acts and the compliance and enforcement provisions of the Road Transport General Act. The Road Transport Act 2013 also enabled a legislative pathway for the introduction of the National Heavy Vehicle Law in NSW which commenced in February 2014. Review of the Road Transport Act 2013 | Discussion paper | August 2019 5 4. The Road Transport Act 2013 4.1. Objectives of the Act 4.3. The Regulations The objectives of the Act are set out in The Regulations are not being considered Section 3 and provide for: in the review of the Act, as they are subject • The consolidation in the one Act the to periodic review under the Subordinate statutory provisions concerning road users, Legislation Act 1989. However, consequential road transport, and the improvement of amendments may be made to the road safety in this jurisdiction; Regulations as a result of changes to the • Driver licensing and vehicle registration Act, where necessary. system as part of a uniform national There are a number of regulations that approach; prescribe matters necessary for the • Systems for the improvement of road operation of the Road Transport Act 2013. safety and transport efficiency; The relevant regulations are:- • Reduction of costs relating to • Road Transport (Driver Licensing) administering road transport; Regulation 2017, • Recovery of expenses incurred in the • Road Transport (Vehicle Registration) administration of this Act (particularly, Regulation 2017, in connection with driver licensing and vehicle registration) and the collection of • Road Transport (General) Regulation 2013; fees and charges, and and • Additional matters concerning the • Road Rules 2014. regulation of road users and road transport and the improvement of road safety that The Regulations are available to view at: are not otherwise dealt with under the legislation.nsw.gov.au/#/browse/inForce/ nationally agreed reforms. regulations/R 4.2 Chapters of the Act The Road Transport Act 2013 is made up of eight chapters and four schedules which deal with a range of road transport functions such as driver licensing, demerit points, road rules, vehicle registration, traffic management, selected heavy vehicle regulatory matters, enforcement and fees. The Act is available to view at: legislation.nsw.gov.au/#/browse/inForce/ acts/R Review of the Road Transport Act 2013 | Discussion paper | August 2019 6 5. Functions of the Road Transport Act 2013 5.1. NSW Driver Licensing Scheme On 31 January 2011, NSW increased the demerit point threshold for suspension of an The provisions of the driver licensing unrestricted licence from 12 demerit points scheme in NSW are largely based on the to 13. The concept of a professional driver National Driver Licensing Scheme principles was also introduced. For professional drivers