Australian Capital Territory Numbered Regulations

ROAD TRANSPORT LEGISLATION AMENDMENT REGULATION 2005 (NO 1) (NO 39 OF 2005) - REG 25

substitute

207     Where hire car drivers must stop

    (1)     The driver of a hire car—

        (a)     must refuse to stop the hire car at any place where stopping the hire car would be unlawful; and

        (b)     may refuse to stop the hire car at any place where stopping the hire car would be, in the driver's opinion, unsafe.

    (2)     However, the hire car driver may stop the hire car at a place (the preferred place ) where stopping the hire car would otherwise be unlawful if—

        (a)     the driver is dropping off or picking up a person with a significant disability that affects the person's mobility; and

        (b)     there is no other place near the preferred place where the driver can lawfully and safely drop off or pick up the person; and

        (c)     stopping the hire car in the preferred place is, in the driver's opinion, safe.

Examples of people with significant disabilities affecting mobility

1     a wheelchair-dependent person

2     a person who ordinarily uses a walking stick, crutches or a walking frame to move around outdoors

3     a person who is blind

Note     An example is part of this regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     If the hire car driver stops on a road or road related area to drop off or pick up a passenger, the driver must stop parallel to, and as close as practicable to, the side of the road or area.

Maximum penalty: 5 penalty units.

    (4)     An offence against subsection (1) is a strict liability offence.