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ROAD TRANSPORT (ROAD RULES) REGULATION 2017 (NO 43 OF 2017)
Road Transport (Road Rules) Regulation 2017
Subordinate law SL2017–43
made under the
Road Transport (Safety and Traffic Management) Act 1999, s 33 (General regulation-making power)
EXPLANATORY STATEMENT
Introduction
This explanatory statement relates to the Road
Transport (Road Rules) Regulation 2017 (the road rules regulation). It has
been prepared in order to assist the reader of the road rules regulation. This
explanatory statement must be read in conjunction with the road rules
regulation. It is not, and is not meant to be, a comprehensive description of
the road rules 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
The road rules regulation provides a single regulation of
road rules applying to vehicles and road users on roads and road related areas
in the ACT. This is consistent with other Australian jurisdictions, who have
consolidated the Australian Road Rules (ARRs) into a single regulation that is
applicable to that State or Territory.
The road rules regulation
consolidates the February 2012 version of the ARRs (includes up to the
9th ARR amendment package) and ACT specific road rules from the
Road Transport (Safety and Traffic Management) Regulation 2000. It also
incorporates the 10th and 11th ARR amendment packages
approved by Transport Ministers in November 2013 and November 2015
respectively.
Prior to the new road rules regulation, the ARRs were
applied by reference under the Road Transport (Safety and Traffic Management)
Regulation 2000 within notifiable instrument NI2013-329. The ARRs were not
completely self-contained and needed to be read with, and as if they formed part
of, the Road Transport (Safety and Traffic Management) Regulation
2000.
The ARRs are published and maintained by the National Transport
Commission. Amendments to the ARRs are maintained by the National Transport
Commission in consultation with states and territories and submitted as
“amendment packages” to the Ministerial Council of Transport
Ministers (currently the Transport and Infrastructure Council) for
approval.
As a consequence of the road rules regulation, the Road
Transport (Safety and Traffic Management) Regulation 2000 has been remade as
the Road Transport (Safety and Traffic Management) Regulation 2017, and
the Road Transport (Road Rules) (Consequential Amendments) Regulation 2017
(No 1) provides consequential amendments to the Dangerous Goods
(Road Transport) Regulation 2010, the Road Transport (Driver Licensing)
Regulation 2000, the Road Transport (General) Regulation 2000, the
Road Transport (Offences) Regulation 2005, the Road Transport (Public
Passenger Services) Regulation 2002, the Road Transport (Vehicle
Registration) Regulation 2000 and the Victims of Crime Regulation
2000.
There are no human rights implications associated with this
regulation.
There are no climate change implications associated with
this regulation.
Outline
The road rules regulation consolidates the
February 2012 version of the ARRs, the 10th and 11th
ARR amendment packages, the ACT specific road rules from the Road Transport
(Safety and Traffic Management) Regulation 2000, and provisions and
exemptions in regulations and instruments relating to heavy motorised
wheelchairs, cycling safety (including the minimum overtaking distance rules and
cycling across crossings) and motorcycle lane filtering.
The road rules
regulation does not amend rules currently applicable under the February 2012
version of the ARRs.
This explanatory statement provides notes on
clauses on ACT specific road rules that have been consolidated into the road
rules regulation from the Road Transport (Safety and Traffic Management)
Regulation 2000, the 10th and 11th ARR amendment packages, and regulations
and instruments relating to heavy motorised wheelchairs, cycling safety and
motorcycle lane filtering.
This explanatory statement does not provide
notes on clauses relating to the February 2012 version of the ARRs as the road
rules regulation does not amend rules currently applicable.
Section
numbering of the road rules regulation remain generally in line with the ARRs.
Section headings have been amended to bring them into line with current
drafting practices. For example, where a section heading in the ARRs is
expressed in plural form, the heading has been amended to singular
form.
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.
Diagrams of traffic signs, parking signs, traffic
related items and symbols with section references to the relevant provisions are
located in schedules 2, 3 and 4 of the road rules regulation rather than being
duplicated throughout the regulation as in the ARRs.
Where a provision
of the ARRs refers to ‘under another law of this jurisdiction’ and
there is no relevant territory law that applies, the wording of the provision
has been amended in the road rules regulation to remove the reference
‘under another law of this jurisdiction’.
Clause numbers out
of sequence which appear to be missing are placeholders, where a clause is not
present. For example clause 13 is missing in the sequence of 11, 12, 14.
ARR rules not carried across to the road rules regulation
ARR 225
(Using radar detectors and similar devices) has not been carried over to the
road rules regulation as section 22 of the Road Transport (Safety and Traffic
Management) Regulation 2000 exempts every driver from ARR 225. ARR 225 is
superfluous in the ACT as section 9 (2) of the Road Transport (Safety and
Traffic Management) Act 1999 makes it an offence for a person to drive or
park a motor vehicle on a road or road related area if a traffic offence evasion
device is fitted to, applied to, or carried in the vehicle.
ARR 13 (What
is a road-related area) explains the meaning of a road related area and was not
carried over to the road rules regulation as Note 3 to the dictionary of this
regulation points to road related area as a term defined in the Road
Transport (Safety and Traffic Management) Act 1999.
ARR 244B (Wearing
of helmets by users of motorised scooters) has not been carried over to the road
rules regulation as section 244C of the road rules regulation prohibits the use
of a motorised scooter on a road or road related area.
ARR 248 (No riding
across a road on a crossing) has not been carried over to the road rules
regulation as section 38D (5) of the Road Transport (Safety and Traffic
Management) Regulation 2000 disapplies ARR 248. Riding a bicycle
across a road on a crossing is dealt with in section 248A of the road rules
regulation.
ARR 313 (Exemption for postal vehicles) has not been carried
over to the road rules regulation as it is covered by section 186 (Stopping in
mail zone) and section 288 (Driving on path) of the road rules
regulation.
ARR 313A (Exemption for garbage truck drivers etc) has not
been carried over to the road rules regulation as there is no relevant territory
law that provides for this kind of exemption for a garbage or waste disposal
truck driver.
ARR 313B (Exemption for breakdown vehicles) has not been
carried over to the road rules regulation as there is no relevant territory law
that provides for this kind of exemption for breakdown vehicles.
Road
Transport (Safety and Traffic Management) Regulation 2000, section 40
(Passengers in sidecars to be seated) has not been carried over to the road
rules regulation as it duplicates section 271 (5B) and (5C) of the road rules
regulation.
Notes on clauses
Clause 1 Name of regulation
This clause specifies the name of the
regulation as the Road Transport (Road Rules) Regulation 2017.
Clause 2 Commencement
This clause provides that the regulation
will commence on 30 April 2018.
Clause 3 Dictionary
This clause provides that the dictionary at the end of the regulation is part
of the regulation.
Clause 4 Diagrams
This clause provides that diagrams provided in
the regulation form part of the regulation.
Clause 5 Examples
This clause provides that examples provided in
the regulation form part of the regulation.
Clause 6 Notes
This clause provides that notes provided in the
regulation are explanatory and do not form part of the
regulation.
Clause 7 Offences against regulation – application
of Criminal
Code etc
This clause provides that other legislation applies in
relation to offences against the road rules regulation.
Clause 8 Offences against regulation–strict liability
This
clause provides that an offence against the regulation is an offence of strict
liability.
Clause 9 Offence 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 Objects of regulation
This clause sets out the objects
of the regulation including that it is intended to provide rules for all road
users in the ACT that are substantially uniform with rules for road users
elsewhere in Australia and to support safe and efficient use of roads.
Clause 18 Meaning of pedestrian
This clause has been
amended to include a person in or on a personal mobility device in the meaning
of pedestrian due to the Road Transport Legislation Amendment
Regulation 2017 (SL2017-14) which regulates the use of personal mobility
devices on roads and road related areas.
Clause 25 Speed limit elsewhere
This clause has been amended to
clarify subsection (3) that the default speed limit applying to a driver for any
other length of road, not mentioned in subsections (1) or (2), is
100km/h.
Clause 65 Giving way at marked foot crossing (except at intersection with
a flashing yellow traffic light)
This clause has been amended to
incorporate section 38D (1) of the Road Transport (Safety and Traffic
Management) Regulation 2000 to include a reference to a bicycle rider on the
crossing.
Clause 70 Giving way at give way sign at bridge or length
of narrow
road
This clause has been amended to incorporate clause 5 of the
10th ARR amendment package to clarify that a driver at a give way
sign must give way to any oncoming vehicle already on or approaching a bridge or
length of narrow road.
Clause 80 Stopping at children’s crossing
This clause has
been amended to incorporate section 38D (2) of the Road Transport (Safety and
Traffic Management) Regulation 2000 to include a reference to a bicycle
rider on or entering the crossing.
Clause 81 Giving way at pedestrian crossing
This clause has been
amended to incorporate section 38D (3) of the Road Transport (Safety and
Traffic Management) Regulation 2000 to include a reference to a bicycle
rider on a crossing.
Clause 82 Overtaking or passing vehicle at children’s crossing or
pedestrian crossing
This clause has been amended to include a
reference to a bicycle rider crossing the road on a children’s crossing or
pedestrian crossing. This amendment is consistent with clauses 65, 80 and 81
where a driver must give way to any pedestrian or bicycle rider on the kind of
crossing. The amendment does not change the effect of the provision as it still
prohibits a driver from passing or overtaking a vehicle that is stopping or has
stopped at a children’s crossing or pedestrian crossing.
Clause 95 Emergency stopping lane only sign
This clause has been
amended to incorporate section 9 (ARR r 95 – emergency stopping lane only
signs) of the Road Transport (Safety and Traffic Management) Regulation
2000.
Clause 98 One-way sign
This clause has been amended to incorporate
clause 4 of the 11th ARR amendment package. Clause 98 requires
drivers and riders to only proceed in the direction indicated by a one-way sign.
The clause excludes the rider of a postal motorbike, bicycle or animal, if the
rider is riding on a footpath, nature strip or shared path adjacent to the road
to which a one-way sign applies. The amendment extends the exemption to include
a rider (as listed) who is riding on a bicycle path or separated footpath from
the requirement to ride in the same direction as indicated by a one-way
sign.
Clause 99 Keep left and keep right sign
This clause has been
amended to incorporate clause 5 of the 11th ARR amendment package.
Clause 99 requires drivers and riders to only proceed to the left or right of
keep left or keep right signs respectively. The clause excludes the rider of a
postal motorbike, bicycle or animal, if the rider is riding on a footpath,
nature strip or shared path adjacent to the road to which either a keep left or
keep right sign applies. The amendment extends the exemption to include a rider
(as listed) who is riding on a bicycle path or separated footpath from the
requirement to ride as indicated by a keep left or keep right sign.
Clause 104 No trucks sign
This clause has been amended to
incorporate section 10 (ARR r 104 – no truck signs) of the Road
Transport (Safety and Traffic Management) Regulation 2000.
Clause 120 Meaning of level crossing
This clause has been
amended to incorporate clause 6 of the 10th ARR amendment package to
expand the definition of level crossing to include any area adjacent to
the crossing that is denoted by painted cross-hatched road markings.
Clause 128A Entering blocked crossing
This clause has been amended
to incorporate clause 7 of the 10th ARR amendment package to clarify
that drivers who enter a crossing in accordance with this section may stop on
the crossing if that becomes necessary because the crossing or the road beyond
the crossing is blocked.
Clause 134 Exceptions to keeping to left of dividing line
This
clause has been amended to incorporate clauses 8 and 9 of the 10th
ARR amendment package to clarify that a driver may cross a dividing line to park
in angle parking on the opposite side of the road; and allows road users to
cross two parallel broken dividing lines.
Clause 138 Keeping off
painted island
This clause has been amended to incorporate clause 10
of the 10th ARR amendment package to make it possible for a driver to
turn across a painted island to enter a part of the road of one kind from a part
of the road of another kind; or to access angle parking on the opposite side of
the road.
Clause 147 Moving from 1 marked lane to another marked
lane
across continuous line separating lanes
This clause has been
amended to incorporate clause 11 of the 10th ARR amendment package to
allow a driver to cross a continuous line to drive in a special purpose lane
(e.g. part-time tram lane) if the special purpose lane is not operative at the
time.
Clause 151 Riding motorbike or bicycle alongside more than 1
other
rider
This clause has been amended to incorporate section 11 (ARR r
151 (3) (b) – riding a motorbike or bicycle alongside more than 1 other
rider) of the Road Transport (Safety and Traffic Management) Regulation
2000.
Clause 151A Motorbike lane filtering New section 151A
This clause
is a new section to replace the Road Transport (General) (Motorcycle Lane
Filtering Trail) Exemption 2015 (No 1) (DI2015-2) which is repealed by the
Road Transport (Road Rules) (Consequential Amendments) Regulation 2017 (No
1).
Clause 153 Bicycle lane
This clause has been amended to
incorporate the Road Transport (Taxi Industry Innovation) Legislation
Amendment Regulation 2016 (No 1) by including rideshare vehicles and hire
cars.
The amendment also incorporates section 11A (ARR r 158 (2) (c)
– other vehicles permitted to travel in bicycle lanes) of the Road
Transport (Safety and Traffic Management) Regulation 2000.
Clause
12 of the 10th ARR amendment package is also incorporated, to clarify
that road markings, and not only signs, can be used to commence or end a bicycle
lane.
Clause 156 Transit lane
This clause has been amended to
incorporate section 33 (1) – about dictionary definitions for the ARRs of
the Road Transport (Safety and Traffic Management) Regulation 2000 for
the definition of taxi to include a hire car other than for the rule about
stopping in a taxi zone.
Clause 158 Exceptions to driving in special purpose lane etc
This
clause has been amended to incorporate section 12 (ARR r 158 (2) (c) –
other vehicles permitted to travel in bus lanes) of the Road Transport
(Safety and Traffic Management) Regulation 2000.
Clause 163 Driving past rear of stopped tram at tram stop
This
clause has been amended to incorporate clause 6 of the 11th ARR
amendment package. Clause 163 refers to powers of authorised people to give
directions. The amendment clarifies that police officers are able to give
directions to drivers to proceed past a stopped tram.
Clause 164 Stopping beside stopped tram at tram stop
This clause
has been amended to incorporate clause 7 of the 11th ARR amendment
package. Clause 164 refers to powers of authorised people to give directions.
The amendment clarifies that police officers are able to give directions to
drivers to proceed past a stopped tram.
Clause 164A Staying stopped
if tram comes from behind stopped
driver and stops
This clause has been amended to incorporate clause
8 of the 11th ARR amendment package. Clause 164A refers to powers of
authorised people to give directions. The amendment clarifies that police
officers are able to give directions to drivers to proceed past a stopped
tram.
Clause 164B Keeping safe lateral distance when passing bicycle
rider
This clause is inserted to incorporate section 38A of the Road
Transport (Safety and Traffic Management) Regulation 2000.
Clause 164C Exceptions—passing bicycle rider
This clause is
inserted to incorporate section 38B of the Road Transport (Safety and Traffic
Management) Regulation 2000.
Clause 176 Stopping on clearway
This clause has been amended to
incorporate section 12A (ARR r 176 – stopping on a clearway) of the
Road Transport (Safety and Traffic Management) Regulation 2000.
Clause 179 Stopping in loading zone
This clause has been amended
to incorporate section 13 (ARR r 179 (1) (c) – stopping in a loading zone
– goods and permit vehicles) of the Road Transport (Safety and Traffic
Management) Regulation 2000.
The amendment also incorporates
section 13A of the Road Transport (Safety and Traffic Management) Regulation
2000 to allow a taxi, rideshare vehicle and hire car to stop in a loading
zone if abiding by the requirements of section 179.
Clause 183 Stopping in bus zone
This clause has been amended to
incorporate section 13B (ARR r 183 – stopping in a bus zone) of the
Road Transport (Safety and Traffic Management) Regulation 2000.
Clause 183A Stopping public bus in bus zone
This clause is
inserted to incorporate section 57A (1) and (2) of the Road Transport (Safety
and Traffic Management) Regulation 2000.
Clause 186 Stopping in mail zone
This clause has been amended to
incorporate section 32 (a) of the Road Transport (Safety and Traffic
Management) Regulation 2000 to allow postal vehicles to stop in a mail
zone.
Clause 187 Stopping in bicycle lane, bus lane, tram lane,
tramway,
transit lane, truck lane or on tram tracks
This clause has been
amended to incorporate section 33 (1) – about dictionary definitions for
the ARRs of the Road Transport (Safety and Traffic Management) Regulation
2000 for the definition of taxi to include a hire car other than for the
rule about stopping in a taxi zone.
Clause 189 Double parking
This clause has been amended to
incorporate section 13BA (ARR r 189 – double parking – motorbikes)
of the Road Transport (Safety and Traffic Management) Regulation
2000.
Clause 195 Stopping at or near bus stop
This clause has been
amended to incorporate section 13C (ARR r 195 – stopping at or near a bus
stop) of the Road Transport (Safety and Traffic Management) Regulation
2000.
Clause 195A Stopping public bus at bus stop
This clause is
inserted to incorporate section 57A (3) of the Road Transport (Safety and
Traffic Management) Regulation 2000.
Clause 197 Stopping on path,
dividing strip, nature strip, painted
island or traffic island
This clause has been amended to
incorporate clause 13 of the 10th ARR amendment package to make it
clear that drivers are prohibited from stopping on a traffic island.
Clause 199 Stopping near postbox
This clause has been amended to
incorporate section 14 (ARR r 199 (2) – stopping near postbox) of the
Road Transport (Safety and Traffic Management) Regulation 2000.
Clause 206 Time extension for people with disabilities
This clause
has been amended to incorporate section 15 (ARR r 206 (2) (b), (c) – time
extension for people with disabilities permit) of the Road Transport (Safety
and Traffic Management) Regulation 2000.
Clause 207 Parking where fee payable
This clause has been amended
to incorporate section 16 (ARR r 207 (2) (a) – fees for parking in pay
parking spaces) of the Road Transport (Safety and Traffic Management)
Regulation 2000.
Clause 213 Making motor vehicle secure
This clause has been
amended to incorporate section 16A (ARR r 213 (5) – making a motor vehicle
secure – exception) of the Road Transport (Safety and Traffic
Management) Regulation 2000.
Division 12.11 Metered parking
This division is inserted to
incorporate division 2.3.5 (Metered parking) of the Road Transport (Safety
and Traffic Management) Regulation 2000.
Division 12.12 Ticket parking
This division is inserted to
incorporate division 2.3.6 (Ticket parking) of the Road Transport (Safety and
Traffic Management) Regulation 2000.
Division 12.13 Other road rules about stopping and parking
This
division is inserted to incorporate division 2.3.7 (Other ACT road rules about
stopping and parking) of the Road Transport (Safety and Traffic Management)
Regulation 2000 which provides rules about unauthorised use of parking
permit and mobility parking scheme authority, interfering with parking permit
and mobility parking scheme authority, and stopping in
emergencies.
Clause 215 Using lights when driving at night or in
hazardous
weather conditions
This clause has been amended to incorporate
section 17 (ARR r 215 (4) – lights required to be fitted to a vehicle) of
the Road Transport (Safety and Traffic Management) Regulation
2000.
Clause 216 Towing vehicle at night or in hazardous
weather
conditions
This clause has been amended to incorporate section
18 (ARR r 216 (3) – towing a vehicle at night or in hazardous weather
conditions) of the Road Transport (Safety and Traffic Management) Regulation
2000.
Clause 220 Using lights on vehicle that is stopped
This clause has
been amended to incorporate section 19 (ARR r 220 (3) – using lights on
vehicles that are stopped) of the Road Transport (Safety and Traffic
Management) Regulation 2000.
Clause 221 Using hazard warning lights
This clause has been
amended to incorporate section 20 (ARR r 221 (f) – using hazard warning
lights on buses carrying children) of the Road Transport (Safety and Traffic
Management) Regulation 2000.
Clause 222 Using warning lights on bus carrying children
This
clause has been amended to incorporate section 21 (ARR r 222 – using
warning lights on buses carrying children) of the Road Transport (Safety and
Traffic Management) Regulation 2000.
Clause 222A Lights on motor vehicle generally
This clause is
inserted to incorporate section 43 (Lights on motor vehicles generally) of the
Road Transport (Safety and Traffic Management) Regulation 2000.
Clause 222B Use of do not overtake turning vehicle sign
This
clause is inserted to incorporate section 65 (Use of do not overtake turning
vehicle sign) of the Road Transport (Safety and Traffic Management)
Regulation 2000.
Clause 236 Pedestrian not to cause traffic hazard or
obstruction
This clause has been amended to incorporate section 22A (ARR
r 236 (6) – hitchhiking, roadside commerce etc permitted) of the Road
Transport (Safety and Traffic Management) Regulation 2000.
Clause
238 Pedestrian travelling along road (except in or on wheeled
recreational device, wheeled toy or personal mobility device
This
clause has been amended to incorporate clause 15 of the 10th ARR
amendment package by clarifying that this section does not apply to a shared
zone. The amendment also incorporates section 22B of the Road Transport
(Safety and Traffic Management) Regulation 2000.
Clause 241A Use
of wheeled recreational device and wheeled toy on
road
This clause is inserted to incorporate section 62 (Use of
wheeled recreational devices and wheeled toys on roads) of the Road Transport
(Safety and Traffic Management) Regulation 2000.
Clause 244C Motorised scooter not to be used
This clause has been
amended to incorporate section 23 (ARR r 244C – motorised scooters not to
be used) of the Road Transport (Safety and Traffic Management) Regulation
2000.
Division 14.3 Additional rules for people
travelling
in or on personal mobility devices
This clause has been inserted to
incorporate division 2.3.1B (People using personal mobility devices) of the
Road Transport (Safety and Traffic Management) Regulation 2000. Sections
under this division have been amended to clarify the intention and reorganised
to bring it more in line with division 14.2 (Additional rules for people
travelling in or on wheeled recreational devices and wheeled toys).
Clause 245 Riding bicycle
This clause has been amended to
incorporate clause 9 of the 11th ARR amendment package. ARR 245
requires that cyclists sit (astride) at all times while riding. However, it is
normal practice for cyclists to ride standing on the pedals, for example while
cycling uphill. The amendment aligns with current cycling practices.
Clause 248A Riding across road on crossing
This clause is inserted
to incorporate section 38C and section 38D (5) of the Road Transport (Safety
and Traffic Management) Regulation 2000.
Clause 260 Stopping for red bicycle crossing light
This clause has
been amended to incorporate clause 16 of the 10th ARR amendment
package to clarify the operation of the bicycle crossing light rules and ensures
consistency throughout the rules.
Clause 261 Stopping for yellow bicycle crossing light
This clause
has been amended to incorporate clause 16 of the 10th ARR amendment
package to clarify the operation of the bicycle crossing light rules and ensures
consistency throughout the rules.
Clause 262 Proceeding when crossing lights change to yellow or
red
This clause has been amended to incorporate section 38D (4) of the
Road Transport (Safety and Traffic Management) Regulation 2000.
Clause 262A Proceeding when bicycle crossing light is green
New section 262A
This clause is a new rule inserted to
incorporate clause 11 of the 11th ARR amendment package. Where a
bicycle rider enters an intersection on a green bicycle light it is possible
that the traffic lights for the same direction of travel are red or yellow
leading to confusion for bicycle riders and drivers. The amendment inserts a
new rule to allow bicycle riders to proceed at a red or yellow traffic light,
when a green bicycle light is displayed.
Clause 265 Wearing seatbelt–passenger 16 years old or
older
This clause has been amended to incorporate clause 17 of the
10th ARR amendment package to allow a passenger under 1 year old to
sit on the lap of another passenger who is 16 years old or older when travelling
in a public minibus, taxi, or tow truck where no appropriate child restraint is
available. Clause 17 also removes responsibility from the driver of a
corrections vehicle, youth detention vehicle or sheriff’s vehicle for a
passenger who does not wear a seatbelt.
The amendment also incorporates
section 33 (1) – about dictionary definitions for the ARRs of the Road
Transport (Safety and Traffic Management) Regulation 2000 for the definition
of taxi to include a hire car other than for the rule about stopping in a taxi
zone.
Clause 266 Wearing seatbelt–passenger under 16 years
old
This clause has been amended to incorporate clause 18 of the
10th ARR amendment package which prohibits the use of a booster seat
with a lap belt only, and clarifies that when a booster seat is used it must be
used with either a lap and sash type approved seatbelt or an approved child
safety harness.
The amendment also incorporates clause 12 of the
11th ARR amendment package which allows a person under the age of 7
years with a medical condition or disability to be exempt from the requirement
to be restrained in an approved child restraint or be placed on a booster seat
providing the vehicle’s driver is carrying a medical certificate that
states the child would be safer if they were restrained in a child restraint
designed for and is suitable for their use. The amendment also allows for a
child under 7 years to sit in the front row of a vehicle if deemed necessary by
a medical practitioner.
This clause has also been amended to incorporate
clause 18 of the 10th ARR amendment package to allow a passenger
under 1 year old to sit on the lap of another passenger who is 16 years old or
older when travelling in a bus, minibus, taxi, hire car or tow truck where no
appropriate child restraint is available. However, section 266 does not apply
to the driver of a corrections vehicle, youth detention vehicle or
sheriff’s vehicle.
Clause 266 also incorporates section 24 (ARR r
266 (7) – wearing of seatbelts by passengers under 16 years old) of the
Road Transport (Safety and Traffic Management) Regulation 2000.
Clause 267 Exemptions–wearing seatbelt
This clause has been
amended to incorporate clause 19 of the 10th ARR amendment package
which removes the exemption for children under the age of 7 years old from
wearing a seatbelt in a vehicle which is travelling at 25km/h or less and the
passengers are undertaking frequent pick up or delivery.
Clause 267
also incorporates clause 13 of the 11th ARR amendment package which
re-cast the section to improve its interpretation.
Clause 270 Wearing motorbike helmet
This clause has been amended
to incorporate clause 14 of the 11th ARR amendment package which
exempts a person from wearing an approved motorbike helmet if the
motorbike’s engine is not on, the rider is pushing the motorbike and it is
safe for the rider not to wear the helmet.
The amendment also
incorporates section 26 (ARR r 270 (3) – wearing motorbike helmets) of the
Road Transport (Safety and Traffic Management) Regulation 2000.
Clause 271 Riding on motorbike
This clause has been amended to
incorporate clause 20 of the 10th ARR amendment package to allow a
rider to remove their feet from the footrests to manoeuvre the vehicle, such as
reversing the motorbike into a parking space and to remove both hands from the
handlebars when the motorbike is stationary but not parked.
The
amendment also incorporates clause 15 of the 11th ARR amendment
package which allows the rider of a motorbike that has footrests or footboards
to stand on or remove a foot from the footrest/s or footboard/s aligning the
requirements with safe riding practices.
Clause 280 Application – div 17.2
This clause has
been amended to incorporate section 27A (ARR r 280 (2) (a) – other
vehicles to which B light rules apply) of the Road Transport (Safety and
Traffic Management) Regulation 2000.
Clause 287 Duties of driver involved in crash
This clause has been
amended to incorporate section 28 (ARR r 287 (3), (4) – duties of
participants in crashes) of the Road Transport (Safety and Traffic
Management) Regulation 2000.
Clause 288 Driving on path
This clause has been amended to
incorporate the Road Transport (General) (Australian Road Rules – Heavy
Motorised Wheelchairs) Exemption 2007 (No 1) (DI2007-207) which allows a
driver of a motorised wheelchair, with an unladen mass not exceeding 150kg, to
drive on a path where the motorised wheelchair user complies with the specified
conditions. DI2007-207 is repealed under the Road Transport (Road Rules)
(Consequential Amendments) Regulation 2017 (No 1).
The amendment
also incorporates section 32 (b) of the Road Transport (Safety and Traffic
Management) Regulation 2000 which allows the rider of a motorbike that is a
postal vehicle, to ride on a path if the motorbike has an engine capacity not
exceeding 110cc and is travelling at not more than 10km/h.
The
amendment also incorporates clause 21 of the 10th ARR amendment
package which includes increasing the capacity limit from 110cc to 125cc. The
road rules regulation also updates terminology from ml to cc. The section makes
it clear that the rider of a motorbike that is a postal vehicle, is exempt from
the prohibition against riding on a path where the postal worker rider complies
with the specified conditions.
Clause 289 Driving on nature strip
This clause has been amended to
incorporate section 29 (ARR r 289 (1) (g) – driving on nature strip) of
the Road Transport (Safety and Traffic Management) Regulation 2000 which
allows the rider of a motorbike that is a postal vehicle, to ride on a path if
the motorbike has an engine capacity not exceeding 110cc and is travelling at
not more than 10km/h. It also provides exemptions to the prohibition of driving
on a nature strip in a built up area for a vehicle (that is not a lawnmower)
that is being used solely for cutting grass or for purposes incidental to
cutting grass, a vehicle that is being used to clean footpaths and is displaying
a flashing yellow light, a vehicle being used to transport goods or materials
for use in construction or maintenance of roads and a vehicle being used by an
authorised person using a traffic offence detection device (mobile speed
camera).
The amendment also incorporates clause 22 of the 10th
ARR amendment package which includes increasing the capacity limit from 110cc to
125cc. The road rules regulation also updates terminology from ml to cc. The
section makes it clear that the rider of a motorbike that is a postal vehicle,
is exempt from the prohibition against riding on a path where the postal worker
rider complies with the specified conditions.
Clause 291A Making unnecessary engine noise
This clause is
inserted to incorporate section 37 (Making unnecessary engine noise) of the
Road Transport (Safety and Traffic Management) Regulation 2000.
Clause 295A Number of vehicles that may be drawn
This clause is
inserted to incorporate section 41 (Number of vehicles that may be drawn) of the
Road Transport (Safety and Traffic Management) Regulation 2000. A
standard note has also been added to identify that the driver/operator may need
to demonstrate that certain circumstances apply to be able to take advantage of
the exceptions.
Clause 295B Towing by vehicle under 4.5t
This clause is inserted
to incorporate section 42 (Towing by vehicles under 4.5t) of the Road
Transport (Safety and Traffic Management) Regulation 2000.
Clause 298 Driving with person in trailer
This clause has been
amended to incorporate section 30 (ARR r 298 – driving with a person in or
on trailer) of the Road Transport (Safety and Traffic Management) Regulation
2000.
Clause 299 Television receiver or visual display unit in motor
vehicle
This clause has been amended to incorporate clause 23 of the
10th ARR amendment package which clarifies that a person may use a
driver’s aid function on a mobile phone, such as a navigational device,
provided that the existing requirements are met and the driver does not touch
the phone to use the driver’s aid on the mobile phone while driving.
The amendment also incorporates clause 16 of the 11th ARR
amendment package which aligns clause 299 with clause 300 by removing the
word ‘motor’ from subsection (1).
The amendment also
incorporates section 30A (ARR r 299 – television receivers and visual
display units in motor vehicles) of the Road Transport (Safety and Traffic
Management) Regulation 2000.
Clause 300 Use of mobile phone
This clause has been amended
to incorporate clause 24 of the 10th ARR amendment package which
clarifies that a driver may use driver aid functions such as GPS application on
a mobile phone where the existing use requirements are met and the driver does
not touch the phone while driving.
The amendment also incorporates
clause 17 of the 11th ARR amendment package which permits the driver
of a vehicle to use a mobile phone to make or receive a phone call in certain
circumstances. The amendment clarifies clause 300 that only audio calls may be
made and not any other types of calls such as video calls.
The
amendment also incorporates section 30B (ARR r 300 (1) (c) – use of mobile
phone) of the Road Transport (Safety and Traffic Management) Regulation
2000.
Clause 300A Interrupting funeral procession etc
This clause is
inserted to incorporate section 60 (Interrupting funeral processions etc) of the
Road Transport (Safety and Traffic Management) Regulation 2000.
Clause 300B Driving on road closed to traffic
This clause is
inserted to incorporate section 61 (Driving on roads closed to traffic) of the
Road Transport (Safety and Traffic Management) Regulation 2000.
Clause 303A Emission of waste oil or grease
This clause is
inserted to incorporate section 38 (Emission of waste oil or grease) of the
Road Transport (Safety and Traffic Management) Regulation 2000.
Clause 303B Safety of person on trailer
This clause is inserted to
incorporate section 39 of the Road Transport (Safety and Traffic Management)
Regulation 2000.
Clause 305 Exemption–driver of police vehicle generally–Act,
s 35
This clause has been amended to incorporate section 69 (Exemption
for driver of police vehicle – generally – Act, s 35) of the Road
Transport (Safety and Traffic Management) Regulation 2000.
Clause
305A Exemption–driver of police vehicle–training and
assessment
This clause is inserted to incorporate section 69A
(Exemption for driver of police vehicle – training and assessment) of the
Road Transport (Safety and Traffic Management) Regulation 2000.
Clause 306 Exemption–driver of emergency vehicle
This clause
has been amended to incorporate section 70 (Exemption for driver of emergency
vehicles) of the Road Transport (Safety and Traffic Management) Regulation
2000. Clause 306 has retained the reference to ‘A provision of this
regulation’ rather than referring only to a provision of chapter 2 of the
Road Transport (Safety and Traffic Management) Regulation 2000. This is
because section 6 of the Road Transport (Safety and Traffic Management)
Regulation 2000 says that the ARRs are to be read as if they form part of
the Road Transport (Safety and Traffic Management) Regulation
2000.
Clause 307 Stopping and parking
exemption–police or emergency
vehicle or authorised person
This clause has been amended to
incorporate section 71 (Stopping and parking exemption for police and emergency
vehicles and authorised people) of the Road Transport (Safety and Traffic
Management) Regulation 2000.
Clause 309A Exemption from requirement about riding on
motorbike
This clause is inserted to incorporate section 67 (Exemption
from requirement about riding on motorbikes) of the Road Transport (Safety
and Traffic Management) Regulation 2000.
Clause 310 Exemption–road worker etc
This clause has been
amended to incorporate section 31 (ARR r 310 (3), (4) – exemption for road
workers etc) of the Road Transport (Safety and Traffic Management) Regulation
2000.
Clause 346A Preventing prescribed traffic control device
being clearly
visible
This clause is inserted to incorporate section 64
(Preventing prescribed traffic control device being clearly visible) of the
Road Transport (Safety and Traffic Management) Regulation 2000.
Dictionary, definition of medical certificate
This
definition has been amended to incorporate clause 18 of the 11th ARR
amendment package. The amendment inserts a definition of medical certificate
due to amendments to ARR 266 and ARR 267.
Dictionary, definition of postal worker
This definition has
been amended to incorporate clause 27 of the 10th ARR amendment
package. The amendment provides a uniform definition to include both employees
and contractors of Australia Post engaged in the delivery of parcel and/or
letter mail.
Dictionary, definition of road train
This definition has
been inserted from the Road Transport (Safety and Traffic Management)
Regulation 2000, dictionary and amended to refer the reader to
section 5 of the Heavy Vehicle National Law (ACT). Amending the
definition to refer to the Heavy Vehicle National Law (ACT) corrects an
error and refers the reader to a provision that has a nationally agreed
definition of road train.
Dictionary, definition of slip lane
This definition has been
amended to incorporate clause 27 of the 10th ARR amendment package.
The amendment inserts the words ‘but not a median strip’.
Dictionary, definition of turning lane
This definition has
been amended to incorporate clause 27 of the 10th ARR amendment
package. The definition is amended to include lanes for U-turns, allowing
drivers to cross a single lane around a painted island to enter a turning lane,
including a left, right or U-turning lane.