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ROAD TRANSPORT LEGISLATION AMENDMENT REGULATION 2013 (NO 3) (NO 20 OF 2013)
2013
THE
LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
ROAD TRANSPORT LEGISLATION
AMENDMENT REGULATION 2013 (No
3)
SL2013-20
EXPLANATORY
STATEMENT
Presented by
Simon Corbell
MLA
Attorney-General
ROAD TRANSPORT LEGISLATION AMENDMENT REGULATION
2013 (No 3)
Outline
This regulation adopts into the ACT the latest
version of the Australian Road Rules (ARRs).
The ARRs contain the basic
rules of the road for motorists, motorcyclists, cyclists, pedestrians,
passengers and others. They are ‘model laws’ that were initially
created in 1999 under an agreement under which each Australian state and
territory agreed that it would adopt the ARRs into its laws. The purpose of the
agreement was to provide for uniformity across Australia in relation to road
rules so that people were not confronted with different requirements as they
travelled from one state or territory to another. Thus the ARRs now form the
basis of the road rules in each state and territory. As ‘model
laws’, however, they have no legislative force of their own, and they
require legislative action by each state or territory to incorporate them into
the law of that state or territory.
Because the ARRs form the basis of
the road traffic laws of each state and territory, it is important that they
continue to be as up to date as possible. To this end they are review and
updated on a regular basis. .
A working group of the National
Transport Commission (NTC) is responsible for this ongoing maintenance of the
Rules. The NTC has an Australian Road Rules Maintenance Group that includes
representatives from road traffic authorities and the police from the states and
territories and the Commonwealth. This Group develops amendments and updates to
the ARRs (referred to as ‘amendment packages’), which are then
formally approved by the Standing Committee on Transport and Infrastructure
(SCOTI). SCOTI is the Ministerial council comprising transport ministers from
all Australian jurisdictions.
This Regulation adopts into the ACT road
transport legislation the 8th and 9th ARRs amendment
packages. The 8th amendment package was approved by SCOTI on
6
February 2009, and the 9th amendment package was approved on 23
December 2011. The NTC then published a consolidated version of the ARRs,
incorporating the 8th and 9th amendment packages, in
February 2012.
In the ACT the ARRs are incorporated by reference.
Section 6(1) of the Road Transport (Safety and Traffic Management) Regulation
2000 states that the ARRs “are to be read with, and as if they formed
part of, this regulation”. That Regulation defines the ARRs, as
“that part of the publication known as the Australian Road Rules, ISBN 0
7240 8874 1 published by the National Transport Commission in February
2008”. Along with other changes, this Regulation amends that definition
to refer to the publication published by the NTC on February 2012.
This Regulation amends the Road Transport (Offences) Regulation
2005 and the Road Transport (Safety and Traffic Management) Regulation
2000. The substantive amendments are to the Road Transport (Safety and
Traffic Management) Regulation 2000, whereas the amendments to the Road
Transport (Offences) Regulation 2005 are consequential on amendments to
offence provisions in the ARRs.
These minor amendments are considered to
be consistent with human rights, and do not engage any rights protected by the
Human Rights Act 2004. They are aimed at protecting the interests and
safety of all road users by providing for consistent road rules throughout
Australia.
Notes on clauses
Part
1 Preliminary
Clause 1 Name of regulation
This is a formal
provision that sets out the name of the regulation.
Clause
2 Commencement
This is a formal provision that provides for the
commencement of the regulation. The regulation commences on 1 August
2013.
Clause 3 Legislation amended
This clause lists the
legislation to be amended by the regulation. This regulation will amend the
following legislation:
• Road Transport (Offences) Regulation
2005
• Road Transport (Safety and Traffic Management) Regulation
2000.
Part 2 Road Transport (Offences) Regulation
2005
All amendments in this part are consequential to the substantive
amendments to the ARRs, as implemented by the Road Transport (Safety and
Traffic Management) Regulation 2000.
Clauses 4 to 23 make
consequential amendments to Part 1.2 of Schedule 1 of the Road Transport
(Offences) Regulation 2005 by amending references to ARR offences in the
schedule of offences for which a traffic infringement notice can be issued.
Part 1.2 provides a short description of the offences in the ARRs, which can be
used in an information summons or warrant notice, order or other document, to
sufficiently state the offence. The Schedule also provides the offence penalty,
infringement penalty (if applicable), and demerit points (if
applicable).
Clause 4 Schedule 1, part 1.2, item 50, column
3
This clause amends the short description for the offence provision in
the revised ARR 62 (1) (a) as a result of amendments to that rule. The rule now
provides that when a driver turns left or right at an intersection, the driver
is required to give way to any pedestrian crossing the road that the driver is
entering.
Clause 5 Schedule 1, part 1.2, item 141, column
3
This clause amends the short description of the offence provision in
revised ARR 112 (2) as a result of amendments to the wording of the rule. The
amended rule clarifies that a driver approaching a roundabout must operate the
vehicle’s left indicator for long enough to give sufficient warning to
other drivers and pedestrians (not just on entering the
roundabout).
Clause 6 Schedule 1, part 1.2, item 143, column
3
This clause amends the short description of the offence provision in
revised ARR 113 (2) as a result of amendments to the wording of the rule. The
amended rule clarifies that a driver approaching a roundabout must operate the
vehicle’s right indicator for long enough to give sufficient warning to
other drivers and pedestrians (not just on entering the
roundabout).
Clause 7 Schedule 1, part 1.2, item 170, column
2
This clause amends a reference to the offence provision, from ARR 128A,
to ARR128A (1), reflecting the current drafting practice to identify the
specific sub-section of the offence provision to which it refers.
Clause 8 Schedule 1, part 1.2, new item 185A
This clause
inserts a new item for the offence provision in new ARR 143 (1A), which deals
with passing or overtaking to the left of a vehicle displaying a do not
overtake turning vehicle sign.
Clause 9 Schedule 1, part
1.2, new items 216A and 216A.1 to 216A.3
This clause inserts new items
for the offence provisions in new ARR 164A. These provisions require drivers
who are stopped at a tram stop to remain stopped if a tram comes from behind and
stops next to the driver.
Clause 10 Schedule 1, part 1.2, item 280,
column 2
This clause amends the reference to the offence provision in ARR
213 (4), which has been renumbered.
Clause 11 Schedule 1, part 1.2,
item 281, column 2
This clause amends the reference to the offence
provision in ARR 213 (4), which has been renumbered.
Clause
12 Schedule 1, part 1.2, item 303.1, column 3
Clauses 12 to 15 reflect
the changes to ARR 227 (2), which applies to drivers of vehicles with a gross
vehicle mass of over 12 tonnes. It applies where the driver either stops the
vehicle on a road, or if some or all of any load being carried by the vehicle
falls on to a road, at a place where the speed limit is 80 kilometres per hour
or more and the vehicle is not visible at any time for at least 300 metres in
all directions from that place. The rule requires that the driver must use at
least 3 portable warning triangles, placed in accordance with subrules (4) (a)
– (d), to warn other road users of the stopped vehicle or
load.
Clause 12 amends the short description of the offence in ARR 227
(4) (a) to reflect the changes to that rule. That rule requires drivers of
vehicles with a gross vehicle mass of over 12 tonnes to place 1 warning triangle
at least 200 metres, but not over 250 metres, behind the vehicle or fallen load.
Clause 13 Schedule 1, part 1.2, item 303.2, column 3
This
clause amends the short description of the offence in ARR 227 (4) (b) to reflect
the changes to that rule. That rule requires drivers of vehicles who were
required to place a warning triangle on a road under ARR 227 (4) (a) to place an
additional warning triangle between the first triangle and their truck or fallen
load.
Clause 14 Schedule 1, part 1.2, item 303.3, column
3
This clause amends the short description of the offence in ARR 227 (4)
(c) to reflect the changes to that rule. That rule requires drivers of vehicles
who were required to place a warning triangle on a road under ARR 227 (4) (a)
and (b), and who are not on a one-way or divided road, to place an additional
warning triangle at least 200 metres, but not over 250 metres, in front of the
vehicle or fallen load.
Clause 15 Schedule 1, part 1.2, new item
303.4
This clause inserts a new item for the offence in ARR 227 (4) (d)
to reflect the changes to that rule. That rule requires drivers of vehicles who
were required to place a warning triangle on a road under ARR227 (4) (a) –
(c) to place an additional triangle beside the stopped vehicle or fallen load.
Clause 16 Schedule 1, part 1.2, items 304 and 304.1 to
304.3
This clause inserts offence provisions for the new offence in ARR
227 (3).
This rule applies to a driver of a vehicle with a gross
vehicle mass of over 12 tonnes who stops on a road, or where some or all of any
load being carried by the vehicle falls on to a road, at a place where the speed
limit is less than 80 kilometres per hour and the vehicle is not visible at any
time for at least 200 metres in all directions. The driver must use at least 3
portable warning triangles, placed in accordance with subrules (5) (a) to (d),
to warn other road users of the vehicle or load.
Clause 17 Schedule 1,
part 1.2, item 310.3, column 3
This clause amends the short description
of the offence in ARR 232 (3) (b), which was altered to clarify that a
pedestrian or cyclist is able to return to the near side of the road if the
pedestrian lights change while the pedestrian or cyclist is crossing the road,
rather than have to continue to the far side of the road.
Clause
18 Schedule 1, part 1.2, item 393.2, column 3
This clause corrects a
technical error in the short description of the offence in ARR 266 (2A).
The reference to a person “over 6 months” has been changed to
“6 months or older” to reflect the wording in the rule.
Clause 19 Schedule 1, part 1.2, item 393.3, column 3
This
clause amends the short description for the offence in ARR 266 (2B) to reflect
the change to that rule. The changed rule allows passengers 4 years old and
older but under 7 years old to use additional seats (dickie seats) in the load
area of vehicles, e.g. station wagons. This practice is already permitted in
the ACT, by section 23B of the Road Transport (Safety and Traffic Management)
Regulation 2000. That section is being repealed by clause 29 below, as
separate provision is now unnecessary.
Clause 20 Schedule 1, part
1.2, item 393.5, column 3
This clause corrects a technical error in the
short description of the offence in ARR 266 (3A). The reference to a person
“over 4 yrs” has been changed to “4 yrs or older” to
reflect the wording in the rule.
Clause 21 Schedule 1, part 1.2,
item 393.6, column 3
This clause corrects a technical error in the short
description of the offence in ARR 266 (4). The reference to a person
“over 7 yrs” has been changed to “7 yrs or older” to
reflect the wording in the rule.
Clause 22 Schedule 1, part 1.2, new
item 393.7
This clause inserts offence provisions for the new offence in
ARR 266 (5A). This rule requires taxi or public minibus drivers to ensure child
passengers 1 year old or older but less than 7 years are restrained by a
seatbelt if an approved child restraint is not available.
Clause
23 Schedule 1, part 1.2, item 451, column 3
This clause amends the short
description of the offence in ARR 297 (3), which previously prohibited the rider
of a motorbike from riding with an animal on the petrol tank. However, some
motorbikes do not have the petrol tank between the rider and the handle bars.
The rule has been amended to ensure that the original intent of the rule applies
to all motor bikes by referring to the area between the rider and the handle
bars rather than the petrol tank.
Part 3 Road Transport (Safety
and Traffic Management) Regulation 2000
Clause 24 Section
5
This clause amends section 5, to update the definition of the
Australian Road Rules so that it now refers to the publication known as the
Australian Road Rules published by the National Transport Commission in February
2012.
Clause 25 Section 6B
This clause deletes section 6B,
which dealt with rule 300 — Use of mobile phones.
Section 6B was
introduced in 2010 following the approval of the 8th amendment
package, to ensure that the rules relating to the use of mobile phones whilst
driving were consistent with other jurisdictions. Section 6B is now redundant,
as rule 300 is incorporated into the February 2012 version of the ARRs. There
is no change to the existing requirement to comply with rule 300 from this
amendment.
Clause 26 Division 2.2.1 heading, note 2 table, items
22 and 23
Division 2.2.1 contains two tables, which set out the
provisions of the ARRs for which provision is made in the regulation and other
Territory laws. The ARRs must be read subject to these provisions, and any other
associated laws of the Territory.
Clauses 26 to 28 of this Regulation
make a number of consequential amendments to the first of these tables as a
result of amendments to the Road Transport (Safety and Traffic Management)
Regulation 2000.
Clause 26 omits items 22 and 23 from the table,
which relate to rules 266 and 266 (2B) respectively. These rules were
previously applied in the ACT through sections 23A and 23B of the Road
Transport (Safety and Traffic Management) Regulation 2000. These sections
are being repealed by clause 29 below.
Clause 27 Division 2.2.1
heading, note 2 table, item 25
This clause corrects a technical error by
removing item 25 from the table, which relates to section 25 of the Road
Transport (Safety and Traffic Management) Regulation 2000. Item 25 in the
table was inadvertently not removed when section 25 was deleted by a previous
amendment to that regulation.
Clause 28 Division 2.2.1 heading,
note 2 table, new item 34A
This clause inserts a reference to the
definition of approved seatbelt inserted into section 33 (1) of the Road
Transport (Safety and Traffic Management) Regulation 2000 by clause 30
below.
Clause 29 Sections 23A and 23B
This clause deletes
sections 23A, which deals with children travelling in interstate registered
vehicles, and 23B, which is concerned with children travelling in goods
compartments.
Section 23A has been deleted as it was a transitional
provision introduced because jurisdictions had not yet introduced ARR 266
(Wearing of seatbelts by passengers under 16 years old). Now that all
jurisdictions have enacted that rule the exemption provided for by section 23A
is no longer necessary.
Section 23B is now redundant as ARR 266 (2B) now
applies within the ACT following the incorporation of the 2012 version of the
ARRs, so separate provision for the rule is unnecessary.
Clause
30 Section 33 (1), new definition of approved seatbelt
The 2012 version
of the ARRs introduces a new concept of approved seatbelt — previously
there was only a generic reference to seatbelt. The ARRs dictionary defines
approved seatbelt as ‘a seatbelt approved, for the Australian Road Rules,
under another law of this jurisdiction’. This clause provides that a
seatbelt that complies with the relevant Australian Design Rule (ADR4 or 68) is
an approved seatbelt for the ARRs.
Clause 31 New section 33
(5)
This clause is consequential on the definition of approved seatbelt
inserted by clause 30 above, which contained a reference to an ADR. The ADRs
(Australian Design Rules) are rules for designing and building vehicles. This
term was not previously defined in this regulation, and so this clause inserts a
definition of ADR. The definition is a signpost definition, and refers back to
the definition of ADR in the Road Transport (Vehicle Registration) Regulation
2000, schedule 1, section 1.11 and section 1.13.