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ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) REGULATION 2017 (NO 45 OF 2017)
Road Transport (Safety and Traffic Management) Regulation 2017
Subordinate law SL2017–45
Road Transport (Safety and Traffic Management) Act 1999, s 33 (General regulation-making power)
EXPLANATORY STATEMENT
Introduction
This explanatory statement relates to the new Road
Transport (Safety and Traffic Management) Regulation 2017 (the regulation).
It has been prepared in order to assist the reader of the regulation. This
explanatory statement must be read in conjunction with the regulation. It is
not, and is not meant to be, a comprehensive description of the regulation.
What is said about a provision is not taken as an authoritative guide to the
meaning of a provision, this being a task for the courts.
Overview
This regulation contains provisions of the Road
Transport (Safety and Traffic Management) Regulation 2000 that were not
incorporated in the Road Transport (Road Rules) Regulation
2017.
The regulation contains provisions about impounding vehicles,
unsafe loads, traffic offence detection devices (police speedometers, speed
detection devices, camera, digital and laser speed measuring devices), parking
schemes (meter and ticket parking schemes, heavy vehicle parking in residential
areas, parking permits and mobility parking schemes) and some transitional
arrangements to ensure continuity of existing arrangements.
Other than as
identified below and under the heading Notes on Clauses, the regulation does not
amend the provisions from those in the Road Transport (Safety and Traffic
Management) Regulation 2000. Therefore this explanatory statement does not
provide notes on provision that have transitioned from the Road Transport
(Safety and Traffic Management) Regulation 2000.
Section headings
have been amended to bring them into line with current drafting practices.
The location of definitions has been brought into line with ACT drafting
practices. For example, the definition of a term that is used in one section
only is located in that section. However, where the term is used in more than
one section of the regulation it has been moved to the dictionary of the
regulation.
The term ‘pay parking device’ has been removed
and replaced with ‘parking meter’ and ‘parking ticket
machine’ where appropriate.
The term ‘pay parking sign’
has been removed and replaced with ‘metered parking sign’ and
‘ticket parking sign’ where appropriate.
There are no human
rights implications associated with this regulation.
There are no climate change implications associated with this
regulation.
Notes on clauses
Clause 1 Name of regulation
This clause specifies the name of the
regulation as the Road Transport (Safety and Traffic Management) Regulation
2017.
Clause 2 Commencement
This clause provides that the regulation
will commence on the commencement of the Road Transport (Road Rules)
Regulation 2017.
Clause 3 Dictionary
This clause provides that the dictionary at the end of the regulation is part
of the regulation.
Clause 4 Notes
This clause provides that notes provided in the
regulation are explanatory and do not form part of the
regulation.
Clause 5 Offences against regulation-application of
Criminal
Code etc
This clause provides that other legislation applies in
relation to offences against this regulation.
Clause 6 Offences against regulation-defence
This clause provides
that a defendant has a defence to an offence if they can prove that the offence
was the result of an accident or that the offence could not have been avoided by
any reasonable efforts of the defendant.
Clause 10 Standards for safe carriage of loads-Act, s 14 (2)
This
clause has been amended to incorporate the Load Restraint Guide –
Guidelines and Performance Standards for the Safe Carriage of Loads on Road
Vehicles, 2nd ed (2004) published by the National Transport
Commission. Due to the incorporation of this load restraint guide, the
amendment also disapplies section 47 (5) of the Legislation Act
2001. The Legislation Act 2001, section 47 (5) provides that an
incorporated document is taken to be a notifiable instrument. A notifiable
instrument must be notified on the legislation register under the Legislation
Act 2001. However, the Legislation Act 2001, section 47 (5) may be
displaced by the authorising law (the Act) or the incorporating instrument (this
regulation) (see section 47 (7)). The Legislation Act 2001, section 47
(5) is displaced here because the incorporated document is subject to copyright
and available on the Internet.
Clause 15 Average speed detection
systems-Act, s 22AA and
s 23B
This clause has been amended by inserting Schedule 1
(Average speed detection systems) in place of the table in section 103B of the
Road Transport (Safety and Traffic Management) Regulation 2000. This
amendment is in line with current drafting practices.
In addition, the
opportunity was taken to remove the Athllon Drive average speed detection system
listed in Schedule 1 as it was decommissioned in October 2016.
Clause
18 Major testing of laser speed measuring devices-
Act, s 24 (1)
This clause has been amended to include Australian
Standard AS 4691.1-2003. Section 47 (6) of the Legislation Act 2001
provides that an incorporated document, and any amendment or replacement of such
a document, are taken to be notifiable instruments. A notifiable instrument
must be notified on the legislation register under the Legislation Act
2001. However, section 47 (6) of the Legislation Act 2001 may be
displaced by the authorising law (the Act) or the incorporating instrument (this
regulation) (see section 47 (7)). Section 47 (6) of the Legislation Act
2001 is displaced here because the incorporated standards are subject to
copyright and may be purchased over the Internet.
Clause 19 Major
testing of other traffic offence detection devices-
Act. s 24 (1)
This clause has been amended to include Australian
Standard AS 2898.1-2. Section 47 (6) of the Legislation Act 2001
provides that an incorporated document, and any amendment or replacement of such
a document, are taken to be notifiable instruments. A notifiable instrument
must be notified on the legislation register under the Legislation Act
2001. However, section 47 (6) of the Legislation Act 2001 may be
displaced by the authorising law (the Act) or the incorporating instrument (this
regulation) (see section 47 (7)). Section 47 (6) of the Legislation Act
2001 is displaced here because the incorporated standards are subject to
copyright and may be purchased over the Internet.
Clause 32 Additional police powers-removing cars from metered parking
areas
This clause has been amended as a result of splitting Section 109
(Additional police powers – removing parked cars) of the Road Transport
(Safety and Traffic Management) Regulation 2000 into two separate provisions
to better reflect the removal of cars from metered parking areas and the removal
of cars from ticket parking areas.
Clause 45 Additional police powers-removing cars from ticket parking
areas
This clause has been amended as a result of splitting Section 109
(Additional police powers – removing parked cars) of the Road Transport
(Safety and Traffic Management) Regulation 2000 into two separate provisions
to better reflect the removal of cars from ticket parking areas and the removal
of cars from metered parking areas.
Clause 74 Responsible person to inspect driver licence
This clause
has been amended by inserting a note to subsection (3) to identify that the
defendant has a legal burden in relation to the matters mentioned in subsection
(3).
Part 10 Transitional
This part identifies a number of approvals,
declarations and guidelines made under the repealed Road Transport (Safety
and Traffic Management) Regulation 2000 that need to continue to be in force
to provide for the continuation of existing administrative arrangements without
needing to remake those instruments. The transitional arrangements do not
change how the approvals, declaration and guidelines function.
The
transitional arrangements cover approvals for helmets for bicycle and motorbike
riders, child safety equipment, parking authority guidelines, e-payment methods
and police speedometers and declarations about Airservices Australia, emergency
workers, parking authorities and parking permits.
Part 10 expires two
years after the commencement of the regulation to provide time for the
approvals, declarations and guidelines to be remade.