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CONDITIONS OF USE OF M4 WESTERN MOTORWAY

These Conditions of Use apply to that part of the M4 Western Motorway that is declared a Tollway under the Roads Act 1993.

This is the 2.5 km section from Silverwater Road to James Ruse Drive, Auburn, and the 10 km section from May's Hill to Prospect (the "Motorway"). The remainder of the M4 Western Motorway is operated by the Roads and Traffic Authority of New South Wales.

The Motorway is not a public road. It is government land that is leased to Statewide Roads (M4) Pty Limited for use as a tollway.

These Conditions of Use do not limit any rights that consumers may have under any relevant legislation.

The word "Company" when used throughout these conditions includes Statewide Roads Limited its subsidiary companies, and their servants and agents.

1. Compliance: All persons using the Motorway shall comply with the laws of the State of New South Wales and these Conditions of Use.
2. Toll to be paid: All vehicles passing through the toll plaza shall incur a toll charge payable to the Company. The rate of toll payable is indicated by the signs on approach to the toll plaza and is stated elsewhere on this website.
3. How toll is to be paid: The manner in which a toll can be paid is indicated by the signs on approach to the toll plaza and above the different traffic lanes at the toll plaza.

   Lanes marked "E only" accept electronic tags (issued by all tag issuers in Australia) and nominated electronic Pass products. Except when using Pass products, motorists must have a valid electronic tag properly mounted in their vehicle when using "E only" lanes.

   Lanes marked "Change Given" accept cash only, and provide change.

   Lanes marked "Exact Toll+E" accept the exact toll in coins or electronic tags.

4. Cash: When the toll is paid in cash the money shall not be enclosed in a container package or receptacle. All legal Australian coins are accepted in automatic toll collecting machines.
5. Vehicle passing through the toll plaza: In a non-stop "E only" lane a vehicle shall not stop, reverse, park or be left standing. In a "Change Given" or "Exact Toll" lane, when the toll payment has been acknowledged and the toll traffic control signal indicates it is safe to do so, the vehicle shall be moved away from the toll barrier expeditiously.
6. Non payment of tolls: A person who fails or refuses to pay a toll or charge due in respect of a vehicle passing through the toll plaza may be served with a notice to pay. Such a notice may specify an administration charge payable in addition to the toll.
7. Driver and owner fully responsible for motor vehicles: Any vehicle driven on the Motorway shall be at the joint and several risk and responsibility of the owner and the driver. They jointly and severally release and indemnify the Company in respect of any direct, indirect, consequential or special loss or damage of any kind, sustained or incurred by the Company, involving their motor vehicle or the use of it. This includes, without limitation, loss damage or injury to any vehicle or to the property or person of any person.

   This applies however the loss, damage or injury may arise and irrespective of whether it is the fault of the Company or of any other person and irrespective of whether the motor vehicle is being driven or not at the time of the damage or injury.

8. Company not responsible for damage: The Company accepts no responsibility for any damage to any motor vehicle, or its occupants, while on the Motorway. This includes motor vehicles and accessories that are being moved, towed, stored or parked by the Company, regardless of any negligence by the Company.
9. Company will not safekeep goods and vehicles: The servants agents and independent contractors of the Company have no authority to accept any goods or motor vehicles for safe custody. Even if they do so, the Company will not be liable in any case for any loss of or damage to any articles or motor vehicles alleged to have been left with the Company for safe keeping, whether or not such loss or damage is caused by the Company.
10. Directions by Company: The owner and/or driver of the motor vehicle must comply with all lawful directions of the Company. The driver or person in charge of a vehicle which is stationary on the Motorway shall give his or her name and address to the Company upon demand.
11. Stopped vehicles may be moved: Despite any demand or request to the contrary, the Company may move or drive away any motor vehicle parked, becoming stationary, left or abandoned on the Motorway to such a place as the Company deems fit. The Company may leave the motor vehicle parked in any public street or private car park at the absolute discretion of the Company.
12. Towing and other costs: The person in charge of the vehicle at the time and the owner of any motor vehicle referred to in Condition 11 shall be mutually responsible for payment of such towing, removal and storage expenses as are incurred by the Company in respect of that vehicle and in addition for payment of such fee as the Company determines from time to time.
13. Minimum charge: The minimum charge for the Company moving any vehicle will be fifty dollars ($50.00) in addition to any towing fee. The minimum charge may be waived at the Company's absolute discretion where it is satisfied that the vehicle is stationary on the Motorway due to unavoidable mechanical breakdown or an accident outside the control of the owner and/or driver.
14. Company may retain vehicles and goods: The Company may retain such motor vehicle or any of its accessories or contents until all sums due under Condition 12 have been paid. If payment is not made for thirty (30) days from the date the motor vehicle is moved or towed, the Company shall be entitled to sell the motor vehicle and/or any of its accessories or contents by auction or otherwise to recoup any moneys owing to it.
15. Delivery of vehicle and goods: The Company may deliver such vehicle referred to in Condition 11 to any person producing a certificate of registration or such other evidence of ownership or authority or entitlement to possess the motor vehicle as the Company in its absolute discretion deems satisfactory. The Company will not be liable in negligence contract or otherwise arising out of the loss or damage to the motor vehicle or any of its accessories or contents caused by delivering the motor vehicle to some person not authorized to take delivery.
16. Limit of Company's liability: The total liability of the Company in negligence contract or otherwise to any owner or driver under any circumstances is limited to one thousand dollars ($1,000.00).
17. Waivers: If the Company in any particular case waives the enforcement of any of these conditions it will not affect its rights to enforce that same condition on any subsequent occasion.
18. Changes to these Conditions of Use: The Company may vary these conditions and the new conditions shall be binding on the owner of the motor vehicle or persons using the Motorway upon the new conditions being posted in a conspicuous place on the Motorway or on the Company's website. No servant agent or independent contractor of the Company has any power or authority to alter these conditions.

SWR OPERATIONS PTY LIMITED
ABN 33 002 359 864
PO Box 6327 SILVERWATER NSW 1811
Telephone: (02) 9647 0200
www.m4motorway.com.au

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