Australian Capital Territory Numbered Regulations

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ROAD TRANSPORT (POLICE DRIVER AND RIDER EXEMPTIONS) AMENDMENT REGULATION 2013 (NO 1) (NO 9 OF 2013) - REG 9

New section 69A

insert

69A     Exemption for driver of police vehicle—training and assessment

    (1)     An exemption provision does not apply to the driver of a police vehicle if—

        (a)     the driver is doing police driver training or police driver assessment; and

        (b)     in the circumstances—

              (i)     the driver is taking reasonable care; and

              (ii)     it is reasonable that the provision should not apply, having regard to the road and traffic conditions at the time; and

        (c)     if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.

Note     This section also applies to a rider of a police motorbike (see Road Transport (General) Act 1999

, dict defs "drive", driver , ride and vehicle ).

    (2)     Subsection (1) (c) does not apply to the driver if, in the circumstances, it is reasonable—

        (a)     not to display the light or sound the alarm; or

        (b)     for the vehicle not to be fitted or equipped with a blue or red flashing light or an alarm.

    (3)     In this section:

"AFP" means the Australian Federal Police.

"exemption provision" means—

        (a)     the Act

, section 5B (Burnouts and other prohibited conduct); or

        (b)     the Act

, section 7 (Furious, reckless or dangerous driving), to the extent the section relates to furious or dangerous driving; or

        (c)     part 2.1 (Incorporation into ACT law); or

        (d)     part 2.2 (How the Australian Road Rules

are incorporated); or

        (e)     part 2.3 (Additional ACT road rules).

"police driver assessment" means an assessment conducted by an AFP employee or contractor of a police officer's ability to drive a police vehicle in the exercise of the police officer's functions as a police officer.

"police driver training" means training provided by the AFP, or an AFP contractor, that teaches a police officer how to drive a police vehicle for the purpose of the exercise of the police officer's functions as a police officer.



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