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ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) AMENDMENT REGULATION 2005 (NO 2) (NO 22 OF 2005) - SCHEDULE 1

Schedule 1     Road Transport (Safety and Traffic Management) Regulation 2000—technical amendments

(see s 3)

[1.1]     Section 3

substitute

2     Dictionary

The dictionary at the end of this regulation is part of the regulation.

Note 1     The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references ( signpost definitions ) to other terms defined elsewhere.

For example, the signpost definition ‘"semitrailer"—see the Road Transport (Vehicle Registration) Regulation 2000 , dictionary.' means that the term ‘semitrailer' is defined in that dictionary and the definition applies to this regulation.

Note 2     A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3     Dictionary—application to Australian Road Rules

The definitions in the dictionary do not apply to the Australian Road Rules unless this regulation provides otherwise.

Note     See div 2.2.1, note 2 for the relevant provisions of this regulation.

3A     Road includes road related area

In this regulation:

"road" includes a road related area.

3B     Meaning of park and stop

In this regulation:

"park", in relation to a driver, includes stop and allow the driver's vehicle to stay (whether or not the driver leaves the vehicle).

"stop", for a driver, includes park, but does not include stop to reverse the driver's vehicle into a parking bay or other parking space.

Explanatory note

This amendment splits existing section 3 into new sections 2 and 3 to make their operation clearer. It also inserts new sections 3A and 3B to make the extended meanings of "park", stop and road for the regulation clear.

[1.2]     Section 5 , note

substitute

Note 1     The Australian Road Rules are available on the ACT legislation register (www.legislation.act.gov.au).

Note 2     The National Road Transport Commission is now the National Transport Commission (see the National Transport Commission Act 2003 (Cwlth)).

Explanatory note

This amendment adds new note 2 to clarify the references in the regulation to the National Road Transport Commission and the National Road Transport Commission Act 1991 (Cwlth) consequent on the repeal of that Act and the enactment of the National Transport Commission Act 2003 (Cwlth) which established the National Transport Commission.

[1.3]     Section 9

omit

police or emergency vehicle

substitute

police vehicle or emergency vehicle

Explanatory note

This amendment brings the language of the provision into line with the Australian Road Rules and revised section 71 which is inserted by another amendment.

[1.4]     Section 10

omit

a driver is permitted to drive a vehicle

substitute

a driver is permitted to drive the vehicle

Explanatory note

This amendment brings the section's language into line with the definition of driver in the Australian Road Rules, rule 16 (1). The relevant part of the definition is ‘the person who is driving a vehicle'.

[1.5]     Section 15 heading

substitute

15     ARR r 206 (2) (b), (c)—time extension for people with disabilities permit

Explanatory note

This amendment brings the section's heading more closely into line with the heading to the Australian Road Rules, rule 206 and improves its clarity.

[1.6]     Section 16A

substitute

16A     ARR r 213 (5)—making a motor vehicle secure—exception

Every driver is exempt from the Australian Road Rules, rule 213 (5).

Explanatory note

This amendment brings the section's heading more closely into line with the heading to the Australian Road Rules, rule 213 and consequentially omits a note about the subject-matter dealt with by the rule.

[1.7]     Section 29

omit

drive a vehicle

substitute

drive the driver's vehicle

Explanatory note

This amendment brings the section's language into line with the definition of driver in the Australian Road Rules, rule 16 (1). The relevant part of the definition is ‘the person who is driving a vehicle'.

[1.8]     Section 30 (1) (a)

omit

police or emergency vehicle

substitute

police vehicle or emergency vehicle

Explanatory note

This amendment brings the language of the provision into line with the Australian Road Rules and revised section 71 which is inserted by another amendment.

[1.9]     Section 33 (4) (c)

omit

the driver of a vehicle

substitute

a driver

Explanatory note

This amendment brings the section's language into line with the definition of driver in the Australian Road Rules, rule 16 (1). The relevant part of the definition is ‘the person who is driving a vehicle'.

[1.10]     Section 39 (3) (a)

omit

police or emergency vehicle

substitute

police vehicle or emergency vehicle

Explanatory note

This amendment brings the language of the provision into line with the Australian Road Rules and revised section 71 which is inserted by another amendment.

[1.11]     Section 39 (3) (c)

omit

if

substitute

if,

Explanatory note

This amendment corrects a typographical error.

[1.12]     Section 51 heading

substitute

51     Temporary closure of ticket parking spaces and areas

Explanatory note

This amendment makes the heading more descriptive of the section's contents.

[1.13]     Section 73 (2)

substitute

    (2)     A metered parking area must be designated by metered parking signs.

Explanatory note

This amendment revises the provision to make use of the definition of metered parking sign .

[1.14]     Section 76A heading

substitute

76A     Ticket parking schemes—parking authorities

Explanatory note

This amendment brings the heading into line with current drafting practice.

[1.15]     Section 77 (1)

substitute

    (1)     A ticket parking area must be designated by ticket parking signs.

Explanatory note

This amendment revises the provision to make use of the definition of ticket parking sign .

[1.16]     Section 77 (3)

substitute

    (3)     In this section:

"ticket parking sign" includes a permissive parking sign with the word ‘voucher' on or with the sign.

Explanatory note

This amendment is consequential on the amendment of section 77 (1) by another amendment.

[1.17]     Sections 85 (3) (b), 86 (3) (b) and 87 (3) (b)

omit

in all the circumstances

Explanatory note

This amendment omits unnecessary words.

[1.18]     Section 111

substitute

111     Removal of unattended vehicles—Act, s 32 (1) (c)

A police officer or authorised person may move an unattended vehicle from a road or road related area to a retention area if the vehicle is in—

        (a)     a bus lane; or

        (b)     a length of road to which a clearway sign applies; or

        (c)     a transit lane.

Explanatory note

This amendment brings this section into line with the other provisions of the regulation by moving the reference to the Act into the section's heading.

[1.19]     Dictionary, new definition of emergency worker

insert

"emergency worker"—see section 33 (1).

Explanatory note

This amendment defines the term for the regulation by reference to the definition in section 33 (1) for the purposes of the Australian Road Rules .

[1.20]     Dictionary, definitions of park , road and stop

substitute

"park"—see section 3B.

"road"—see section 3A.

"stop"—see section 3B.

Explanatory note

This amendment is consequential on the insertion of new sections 3A and 3B by another amendment.



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