Road Safety Road Rules Amendment Rules 2014

S.R. No. 146/2014

table of provisions

RulePage

RulePage

1Objective

2Authorising provision

3Commencement

4Principal Rules

5Giving way at a give way sign at a bridge or length of narrow road

6Entering blocked crossings

7Exceptions to keeping to the left of a dividing line

8Keeping off a painted island

9Moving from one marked lane to another marked lane across a continuous line separating the lanes

10Bicycle lanes

11Stopping in a loading zone

12Stopping in a bus lane, tram lane, tramway, transit lane, truck lane or on tram tracks

13Stopping on a traffic island

14Using hazard warning lights

15Using warning lights on buses carrying children

16Using portable warning triangles

17Pedestrians travelling along a road (except in or on a wheeled recreational device or toy)

18Riding on a footpath or shared path

19Stopping for a red bicycle crossing light

20Stopping for a yellow bicycle crossing light

21Wearing of seatbelts by passengers 16 years old or older

22Wearing of seatbelts by passengers under 16 years old

23Exemptions from wearing seatbelts

24How persons must travel in or on a motor vehicle

25Riding on motor bikes and motor cycles

26Driving on a path

27Driving on a nature strip—postal vehicle exemption

28Television receivers and visual display units in motor vehicles

29Use of mobile phones

30Exemption for postal vehicles

31When do traffic control devices comply substantially with these Rules

32Dictionary

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ENDNOTES

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S.R. No. 146/2014

Road Safety Road Rules Amendment Rules 2014

statutory rules 2014

S.R. No. 146/2014

1

S.R. No. 146/2014

Road Safety Road Rules Amendment Rules 2014

Road Safety Act 1986

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S.R. No. 146/2014

Road Safety Road Rules Amendment Rules 2014

Road Safety Road Rules Amendment Rules 2014

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S.R. No. 146/2014

Road Safety Road Rules Amendment Rules 2014

The Governor in Council makes the following Regulations:

Dated: 23 September 2014

Responsible Minister:

TERRY MULDER

Minister for Roads

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Rulesis to amend the Road Safety Road Rules 2009—

(a)toclarify give way rules;

(b)to further provide for—

(i) exceptions to keeping to the left of a dividing line where there are 2 parallel broken dividing lines; and

(ii)exceptions to the requirement to keep to the left of a dividing line when parking in angle parking on the opposite side of the road; and

(iii)exceptions to the requirement to keep off a painted island; and

(iv)when crossing a continuous lane line is permitted outside of times when a lane is a special purpose lane; and

(v)the meaning of a bicycle lane; and

(vi)prohibiting stopping on a traffic island; and

(vii)the use of portable warning triangles; and

(viii)the wearing of seatbelts; and

(ix)the riding of motor bikes; and

(x)the use of mobile phones and drivers aids co-located on mobile phones; and

(c)to create new offences; and

(d)to make minor and technical amendments.

2Authorising provision

These Rules are made under section 95D of the Road Safety Act 1986.

r. 2

3Commencement

(1)These Rules, except rule 29, come into operation on the day after the day on which they are made.

(2) Rule 29 comes into operation on 1 October 2014.

4Principal Rules

In these Rules, the Road Safety Road Rules 2009[1] are called the Principal Rules.

5Giving way at a give way sign at a bridge or length of narrow road

In rule 70 of the Principal Rules, after "on"insert", or approaching,".

6Entering blocked crossings

After rule 128A(2) of the Principal Rulesinsert—

r. 6

"(3) Subrule (2) applies despite anything to the contrary in rule 171 (Stopping on or near a children's crossing) or rule 172 (Stopping on or near a pedestrian crossing (except at an intersection)).

(4)However, subrule (3) is not intended to permit a driver to park a vehicle contrary to rule 171 or 172.".

7Exceptions to keeping to the left of a dividing line

(1)In rule 134(2) of the Principal Rules, after "singlecontinuous dividing line"insert
", or 2 parallel broken dividing lines".

(2)In rule 134(3)of the Principal Rules—

(a)after "single continuous dividing line"insert", or 2 parallel broken dividing lines";

(b)in paragraph (b), for "stopping lane)."substitute"stopping lane); or";

(c)after paragraph (b) insert—

"(c) to park in angle parking on the opposite side of the road provided that the driver does not need to perform a U-turn to reach the parking area.";

(d)for the Note substitute—

"Notes

1Angle parking, overtake, parking area and Uturn are defined in the dictionary.

2Emergency stopping lane is defined in rule 95, and service road is defined in the dictionary.".

8Keeping off a painted island

In rule 138(2) of the Principal Rules—

r. 8

(a)in paragraph (b), for "island."substitute"island; or";

(b)after paragraph (b) insert—

"(c) to enter a part of the road of one kind from a part of the road of another kind (for example, moving to or from a service road or emergency stopping lane); or

(d)to park in angle parking on the opposite side of the road provided that the driver does not need to perform a U-turn to reach the parking area.";

(c)for Note 1 substitute—

"1Angle parking, parkingarea, serviceroad, turninglane and U-turn are defined in the dictionary and emergencystoppinglane is defined in rule 95.".

9Moving from one marked lane to another marked lane across a continuous line separating the lanes

In rule 147 of the Principal Rules—

(a)in paragraph (d), for "lane."substitute"lane;or";

(b)after paragraph (d) insert—

"(e) either of the marked lanes is a special purpose lane during specified times only and the driver—

(i) is moving to or from that lane outside of the times during which it is a special purpose lane; and

(ii)is permitted to drive in that lane outside of the times during which it is a special purpose lane under these Rules.".

10Bicycle lanes

In rule 153(4) of the Principal Rules—

r. 10

(a)in paragraph (a), after "the lane"insert
", or a road marking comprising both a white bicycle symbol and the word 'lane' painted in white";

(b)in paragraph (b)(i), after "the lane"insert
", or a road marking comprising both a white bicycle symbol and the words 'end lane' painted in white".

11Stopping in a loading zone

In rule 179(1) of the Principal Rules—

(a)for paragraph (e) substitute—

"(e) a vehicle that is dropping off, or picking up, goods which is constructed principally for carrying loads, and is not a sedan, station wagon or motor bike that—

(i) has displayed on it a registration label or other identifying label or mark issued or approved by the Corporation or the Regulator indicating that in the opinion of the Corporation or the Regulator the vehicle is constructed principally for carrying loads; or

(ii)the register indicates is constructed principally for carrying loads; or"

(b)in the Note for "Busand motor vehicle"substitute"Bus,motor vehicleand the register".

12Stopping in a bus lane, tram lane, tramway, transit lane, truck lane or on tram tracks

r. 12

In the Notes to rule 187(2) of the Principal Rules—

(a)in Note 1 for "Bicycle lane is defined in rule153, bus lane"substitute "Bus lane";

(b)in Note 3 omit"bicycle lanes,".

13Stopping on a traffic island

(1)In the heading to rule 197 of the Principal Rules for "or nature strip"substitute", nature strip, painted island or traffic island".

(2)After the Notes to rule 197(1A) of the Principal Rulesinsert—

"(1B) A driver must not stop on a traffic island.

Penalty: 3 penalty units.

Note

Traffic island is defined in the dictionary.".

14Using hazard warning lights

In rule 221(f) of the Principal Rules for "regulation 31(5) of the Transport (Passenger Vehicles) Regulations 2005"substitute"regulation 7 of the Bus Safety Regulations 2010".

15Using warning lights on buses carrying children

r. 15

In the Note to rule 222 of the Principal Rules for "regulation 31(5)(a) of the Transport (Passenger Vehicles) Regulations 2005"substitute "regulation 7(3) of the Bus Safety Regulations 2010".

16Using portable warning triangles

At the foot of rule 227(3) of the Principal Rules after the penalty insert—

"Note

See rule 220 for the requirement to operate certain lights on vehicles that are stopped.".

17Pedestrians travelling along a road (except in or on a wheeled recreational device or toy)

After rule 238(2) of the Principal Rules insert—

"(2A) This rule does not apply to a pedestrian in a shared zone.

Note

Shared zone is defined in the dictionary.".

18Riding on a footpath or shared path

In rule 250(1A) of the Principal Rules—

(a)in paragraph (b)(vi) for "person."substitute "person; or";

(b)after paragraph (b) insert—

"(c) the rider of the bicycle is a postal worker who is riding the bicycle in the course of his or her duties as a postal worker.".

19Stopping for a red bicycle crossing light

r. 19

(1)For rule 260(1) and the Note, of the Principal Rules substitute—

"(1) The rider of a bicycle approaching or at an intersection, or another place on a road or road related area, with bicycle crossing lights must comply with this rule.

Penalty: 10 penalty units

Note

Bicycle crossing lights is defined in the dictionary.".

(2)For rule 260(2) and the Note, excluding the Example, of the Principal Rules substitute—

"(2) If the bicycle crossing lights show a red bicycle crossing light and the rider has not already started crossing the intersection or place, the rider must not start to cross until—

(a)the bicycle crossing lights change to green; or

(b)there is no red or yellow bicycle crossing light showing.

Notes

1Red bicycle crossing light includes a flashing red bicycle crossing light—seethe definition in the dictionary.

2Green bicycle crossing light and yellow bicycle crossing light are defined in the dictionary.".

(3)After the Example to rule 260(2) of the Principal Rules insert—

"(3) In this rule—

road includes any shoulder of the road.

Note

Road related area is defined in rule 13, and shoulder is defined in rule 12.".

20Stopping for a yellow bicycle crossing light

r. 20

(1) For rule 261(1) and the Note, of the Principal Rules substitute—

"(1) The rider of a bicycle approaching or at an intersection, or another place on a road or road related area, with bicycle crossing lights must comply with this rule.

Penalty:10 penalty units.

Note

Bicycle crossing lightsis defined in the dictionary.".

(2)For rule 261(2) of the Principal Rules substitute—

"(2) If the bicycle crossing lights show a yellow bicycle crossing light and the rider has not already started crossing the intersection or place, the rider must not start to cross until—

(a)the bicycle crossing lights change to green; or

(b)there is no red or yellow bicycle crossing light showing.".

(3)Rule 261(3) of the Principal Rules, excluding the Note, isrevoked.

(4)In the Note to rule 261(3) of the Principal Rules, for "Green bicycle crossing light and red bicycle crossing light are defined in the dictionary."substitute—

"1Yellow bicycle crossing light includes a flashing yellow bicyclecrossing light—see the definition in the dictionary.

2Green bicycle crossing light and red bicycle crossing light aredefined in the dictionary.".

(5)In the heading to the Note to rule 261(3) of the Principal Rules for "Note" substitute "Notes".

(6)At the end of rule 261 of the Principal Rules insert—

"(3) In this rule—

road includes any shoulder of the road.

Note

Roadrelated area is defined in rule 13, and shoulder is defined in rule 12.".

21Wearing of seatbelts by passengers 16 years old or older

r. 21

(1)For the Note at the foot of rule 265(2)(a) of the Principal Rules substitute—

"Notes

1Approved seatbelt is defined in the dictionary.

2Subrule (4) provides that subrule (2)(b) does not apply to passengers holding children under 1 year old in their laps on buses, minibuses, taxis and tow trucks in certain circumstances. Taxi is defined in the dictionary.".

(2)In rule 265(3) of the Principal Rules for "subrule (4)"substitute "subrule (5)".

(3)For rule 265(4) including the Note, of the Principal Rules substitute—

"(4) Subrule (2)(b) does not apply to a passenger in a bus, minibus, taxi or tow truck who has a child who is less than 1 year old seated in his or her lap if no suitable approved child restraint is fitted and available for use and if the bus, minibus, taxi or tow truck has 2 or more rows of seats—the passenger is not in the front row of seats.

Note

Approved child restraint is defined in rule 266(7).

(5)Subrule (3) does not apply to the driver of a corrections vehicle, secure services vehicle, or sheriff's vehicle if either—

(a)the vehicle has 2 or more rows of seats and the passenger is not in the front row of seats or there is not a seating position available for the passenger in another row of seats; or

(b)the vehicle has a caged or other secured area designed for the carriage of passengers and the passenger occupies a seating position in that area.

Note

Corrections vehicle, secure services vehicle and sheriff's vehicle are defined in the dictionary.".

22Wearing of seatbelts by passengers under 16 years old

r. 22

(1)For rule 266(2B)(b) of the Principal Rules substitute—

"(b) be placed on a properly positioned approved booster seat and be restrained by either a suitable lap and sash type approved seatbelt that is properly adjusted and fastened, or by a suitable approved child safety harness that is properly adjusted and fastened; or".

(2) In Note 1 to rule 266(2B) of the Principal Rules, for "Approved child restraint and approved booster seat"substitute"Approved booster seat, approved child restraint and approved child safety harness".

(3)In rule 266(5) of the Principal Rules after "passenger"insert "who is at least 1 year old but under 7 years old".

(4)In rule 266(5AA) of the Principal Rules after "passenger"insert "who is at least 1 year old but under 7 years old".

(5)In rule 266(5A) of the Principal Rules for "is at least 1 year old but under 7 years old, and not"substitute "is not".

(6)After rule 266(5A) of the Principal Rules insert—

r. 22

"(5B) The driver of a public minibus, taxi or tow truck is exempt from subrules (2) and (2A) in relation to a passenger who is under 1 year old if no suitable approved child restraint is fitted and available for use and the public minibus, taxi or tow truck has 2 or more rows of seats and the passenger is not in the front row of seats and—

(a)the passenger under 1 year old is seatedin the lap of a passenger who is 16 years old or older; and

(b)in the case of a tow truck, the passenger under 1 year old is being transported from a location where the vehicle that the passenger was travelling in is being towed by the tow truck where it is necessary to tow the vehicle because the vehicle has broken down or has been involved in a crash.

(5C) This rule does not apply to the driver of acorrections vehicle, secure services vehicle or sheriff's vehicle.

Note

Corrections vehicle,secureservicesvehicleand sheriff'svehicle are defined in the dictionary.".

23Exemptions from wearing seatbelts

r. 23

(1)In rule 267(1)(a) of the Principal Rules after "person"insert ", or a class of persons of which the person concerned is a member,".

(2)After the Note to rule 267(2) of the Principal Rules insert—

"(2A) Subrule (2) does not apply to a person who is under 7 years old.".

(3)In rule 267(3)(a) of the Principal Rules, after "person"insert ", or class of persons,".

(4)In rule 267(3A) of the Principal Rules—

(a)for"medical practitioner" (twice occurring) substitute "registered medical practitioner";

(b)the Note is revoked.

(5)In rule 267(9) of the Principal Rules, the definition of medical practitioner is revoked.

24How persons must travel in or on a motor vehicle

In rule 268(6) of the Principal Rules—

(a) in paragraph (a) for "exempted the person"substitute "exempted the person, or a class of persons of which the person concerned is a member,";

(b)in paragraph (b) after "driving"insert "ortravelling in".

25Riding on motor bikes and motor cycles

For rule 271(1)(b) and (c) of the Principal Rules, excluding the Penaltyand the Note, substitute—

"(b) if the motor bike is moving—keep at least onehand on the handlebars; and

(c)if the motor bike is moving—keep both feet on the footrests designed for use by the rider of the motor bike, unless the motor bike is moving at less than 10 kilometres per hour and either—

(i) the rider is manoeuvring the motor bike in order to park the motor bike; or

(ii)the motor bike is decelerating to come to a stop; or

(iii)the motor bike is accelerating from being stopped.".

26Driving on a path

r. 26

(1) In rule 288(2)(b) of the Principal Rules, for "drive; or"substitute "drive.".

(2) Rule 288(2)(c) of the Principal Rules, excluding the Note, is revoked

(3) In the Note to rule 288(2)of the Principal Rules, omit—

(i)"bicycle,"; and

(ii)", motor cycle is defined in the Road Safety Act 1986,".

(4) After the Note to rule 288(5) of the Principal Rules insert—

"(5A) Subrule (1) does not apply to the rider of a motor bike (with or without a trailer attached) that is a postal vehicle if—

(a)the rider gives way to pedestrians and other vehicles and takes reasonable precautions to avoid collision or danger or obstruction to any person or thing on or next to the path; and

(b)the rider does not exceed 10 kilometres per hour; and

(c)the motor bike has an engine capacity not exceeding 125 cc.

Note

Motor bike and postal vehicle are defined in the dictionary.".

27Driving on a nature strip—postal vehicle exemption

r. 27

(1) In rule 289(1)(f) of the Principal Rules, for "wheelchair; or"substitute "wheelchair.".

(2)Rule 289(1)(g) of the Principal Rules, excluding the Penalty and the Note, is revoked.

(3) In the Note to rule 289(1)of the Principal Rules, omit—

(i)"bicycle,"; and

(ii) ", motor cycle is defined in the Road Safety Act 1986";

(4)After the Note to rule 289(2) of the Principal Rules insert—

"(2A) Subrule (1) does not apply to the rider of a motor bike (with or without a trailer attached) or bicycle that is a postal vehicle if—

(a)the rider gives way to pedestrians and other vehicles and takes reasonable precautions to avoid collision or danger or obstruction to any person or thing on or next to the path; and

(b)the rider does not exceed 10 kilometres per hour; and

(c)the motor bike has an engine capacity not exceeding 125 cc.

Note

Bicycle, motor bike and postal vehicle are defined in the dictionary.".

28Television receivers and visual display units in motor vehicles

r. 28

After the Note to rule 299(2)(ba) of the Principal Rules insert—

"(bb) the visual display unit is part of a mobile phone that is being used to perform a navigational or intelligent highway vehiclesystem function as permitted by rule300(1)(b) or (c); or".

29Use of mobile phones

(1)For rule 300(1)(b) of the Principal Rules substitute—

"(b) the phone is being used to perform a navigational or intelligent highway vehicle system function in a vehicle that is not a motor bike and—

(i) the body of the phone is secured in a mounting affixed to the vehicle while being so used; or

(ii) is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press anything on the body of the phone or otherwise to manipulate any part of the body of the phone; or".

(2)For rule 300(1A) of the Principal Rules substitute—

"(1A) Despite anything to the contrary in rule299(2), the driver of a vehicle or a motor cycle must not use a mobile phone, including using the phone to perform a navigational or intelligent highway and vehicle system function or an audio playing function, while the vehicle is moving, or is stationary but not parked if the driver is—