RTA Legislation

To view the complete details of each Act, go to www.legislation.nsw.gov.au  and search or browse to the relevant Act.

The Roads and Traffic Authority (RTA) was formed in January 1989 as an amalgamation of the Department of Main Roads, Department of Motor Transport and the Traffic Authority.

The RTA is a statutory corporation whose functions (powers, duties and authorities) are conferred by Act of Parliament. In accord with the general approach to authorisation of the activities of statutory corporations in NSW, the functions conferred on the RTA are ordinarily exercisable at the discretion of the RTA, i.e. the Acts conferring power on the RTA do not ordinarily impose statutory duties.

The exercise of the RTA's discretion is, of course, subject to the provisions applying in the legislation conferring the function and in other applicable legislation, as well as the relevant principles of administrative law.

Currently, the legislative framework for the structure and functions of the RTA is as follows.

Transport Administration Act 1988

Establishes the RTA. It makes provisions for staffing, financial and miscellaneous matters, including the establishment of the Roads and Traffic Authority Fund (a Special Deposits Account established in NSW Treasury) as well as general business and commercial powers. It also establishes a Roads and Traffic Advisory Council (RTAC) to advise the Minister for Roads and RTA on all road and traffic matters.

Motor Vehicles Taxation Act 1988

Enables the RTA to impose, assess and collect tax on the registration of motor vehicles (except heavy vehicles). It provides that all tax collections be paid into the RTA Fund, and also provides for automatic indexation of motor vehicle taxation from 1 January 1997.

Roads Act 1993

Sets out rights of members of the public to pass along public roads, establishes procedures for opening and closing a public road, and provides for the classification of roads. It also provides for declaration of the RTA and other public authorities as roads authorities for both classified and unclassified roads, and confers certain functions (in particular, the function of carrying out roadwork) on the RTA and other roads authorities. Finally it provides for distribution of functions conferred by this Act between the RTA and other roads authorities, and regulates the carrying out of various activities on public roads.

Road Transport (Heavy Vehicle Registration Charges) Act 1995

Provides for the setting, assessment and collection of registration and permit charges for heavy vehicles.

Driving Instructors Act 1992

Provides for the licensing and regulation of paid motor vehicle driving instructors.

Recreation Vehicles Act 1983

Regulates the off-road use of motor vehicles. The RTA administers Parts IV and VI of this Act relating to the registration of such vehicles used in specified recreational areas and the licensing of the drivers and riders.

Sydney Harbour Tunnel (Private Joint Venture) Act 1987

Introduced to facilitate the construction, maintenance and operation of the Sydney Harbour Tunnel.

Road Transport (General) Act 2005

Provides for the administration and enforcement of road transport legislation. It provides for the review of decisions made under road transport legislation. It makes provision for the use of vehicles on roads and road related areas and also with respect to written off and wrecked vehicles.

Road Transport (Safety and Traffic Management) Act 1999

Facilitates the adoption of nationally consistent road rules in NSW, the Australian Road Rules. It also makes provision for safety and traffic management on roads and road related areas including alcohol and other drug use, speeding and other dangerous driving, traffic control devices and vehicle safety accidents.

Road Transport (Vehicle Registration) Act 1997

Provides for the registration of motor vehicles and related matters including the regulation of vehicle standards and the testing and inspection of vehicles as part of the system for nationally consistent road transport laws.

Road Transport (Driver Licensing) Act 1998

Provides for the licensing of drivers and related matters including demerit points as part of the system of nationally consistent road transport laws and also provides for additional matters relating to learner and provisional licenses.

Regulations administered by the RTA

• Transport Administration (General) Regulation 2000
• Transport Administration (Staff) Regulation 2000
• Roads (General) Regulation 2000
• Road Transport (Mass, Loading and Access) Regulation 2005
• Road Transport (Heavy Vehicle Registration Charges) Regulations 1996
• Interstate Road Transport Regulation 1986 ^*
• Road Transport (General) Regulation 2005
• Road Transport (Safety and Traffic Management) Regulation 1999
• Road Transport (Safety and Traffic Management)(Driver Fatigue) Regulation 1999
• Road Transport (Vehicle Registration) Regulation 2007
• Road Transport (Driver Licensing) Regulation 1999
• Road Transport (General)(Short Descriptions and Penalty Notice Offences) Regulation 1999

* Commonwealth Act with functions conferred on RTA as State officers.