Australian Road Rules (Miscellaneous) Amendment Rules 2023 (SA)

Case

South Australia

Australian Road Rules (Miscellaneous) Amendment Rules 2023

under the Road Traffic Act 1961

Contents

Part 1—Preliminary

1            Short title

2            Commencement

Part 2—Amendment of Australian Road Rules

3            Amendment of rule 28—Starting a left turn from a multi‑lane road

4            Amendment of rule 32—Starting a right turn from a multi‑lane road

5            Substitution of rule 38

38          Giving way when making a U‑turn

6            Insertion of rules 43 and 43A

43          Making a U‑turn at certain crossings

43A         Making a U‑turn on a road-related area with traffic lights

7           Amendment of rule 44—Division does not apply to entering or leaving a roundabout or lane filtering

8            Amendment of rule 62—Giving way when turning at an intersection with traffic lights

9            Amendment of rule 64—Giving way at a flashing yellow traffic arrow at an intersection

10          Amendment of rule 67—Stopping and giving way at a stop sign or stop line at an intersection without traffic lights

11          Amendment of rule 69—Giving way at a give way sign or give way line at an intersection (except a roundabout)

12          Amendment of rule 72—Giving way at an intersection (except a T‑intersection or roundabout)

13          Amendment of rule 73—Giving way at a T‑intersection

14          Amendment of rule 74—Giving way when entering a road from a road‑related area or adjacent land

15          Amendment of rule 85—Giving way on a painted island

16          Amendment of rule 111—Entering a roundabout from a multi‑lane road or a road with 2 or more lines of traffic travelling in the same direction

17          Amendment of rule 128A—Entering blocked crossings

18          Amendment of rule 129—Keeping to the far left side of a road

19          Amendment of rule 154—Bus lanes

20          Insertion of rule 154A

154A       Bus only lanes

21          Amendment of rule 174—Stopping at or near bicycle crossing lights (except at an intersection)

22          Amendment of rule 187—Stopping in a bicycle lane, bus lane, tram lane, tramway, transit lane, truck lane or on tram tracks

23          Amendment of rule 189—Double parking

24          Insertion of rules 203B and 203C

203B       Stopping in a parking area for electric‑powered vehicles

203C       Stopping in a parking area for the charging of electric‑powered vehicles

25          Amendment of rule 206—Time extension for people with disabilities

26          Amendment of rule 207—Parking where fees are payable

27          Substitution of rule 221

221         Using hazard warning lights

28          Amendment of rule 224—Using horns and similar warning devices

29          Amendment o rule 225—Using radar detectors and similar devices

30          Amendment of rule 232—Crossing a road at traffic lights

31          Amendment of rule 233—Crossing a road to or from a tram

32          Amendment of rule 235—Crossing a level crossing

33          Amendment of rule 235A—Crossing a pedestrian level crossing that has a red pedestrian light

34          Amendment of rule 244B—Wearing of helmets by users of motorised scooters

35          Amendment of rule 261—Stopping for a yellow bicycle crossing light

36          Amendment of rule 262—Proceeding when bicycle crossing at an intersection or another place on a road

37          Substitution of rule 264

264         Wearing of seatbelts by drivers

38          Amendment of rule 265—Wearing of seatbelts by passengers 16 years old or older

39          Amendment of rule 267—Exemptions from wearing seatbelts

40          Amendment of rule 268—How persons must travel in or on a motor vehicle

41          Amendment of rule 270—Wearing motor bike helmets

42          Amendment of rule 271—Riding on motor bikes

43          Amendment of rule 280—Application of Division

44          Amendment of rule 299—Television receivers and visual display units in vehicles

45          Amendment of rule 300—Use of mobile phones

46          Insertion of rule 300A

300A       Interfering with or interrupting funeral procession

47          Amendment of rule 307—Stopping and parking exemption for police and emergency vehicles and authorised persons

48          Amendment of rule 308—Exemption for police officers and emergency workers on foot

49          Amendment of rule 313B—Exemption for breakdown vehicles

50          Amendment of Schedule 2—Standard or commonly used traffic signs

51          Amendment of Schedule 3—Other permitted traffic signs

52          Amendment of Schedule 4—Symbols and traffic‑related items

53          Amendment of Dictionary

Part 1—Preliminary

1—Short title

These rules may be cited as the Australian Road Rules (Miscellaneous) Amendment Rules 2023.

2—Commencement

These rules come into operation 4 months after the day on which they are made (see Legislative Instruments Act 1978 section 10AA).

Part 2—Amendment of Australian Road Rules

3—Amendment of rule 28—Starting a left turn from a multi‑lane road

  1. Rule 28(1)—after paragraph (c) insert:

    or

    (d)the lane is a bus only lane.

  2. Rule 28(1), note 1—delete "and left lane is defined in subrule (3)" and substitute:

    left lane is defined in subrule (3) and bus only lane is defined in rule 154A

4—Amendment of rule 32—Starting a right turn from a multi‑lane road

  1. Rule 32(1)—after paragraph (c) insert:

    or

    (d)the lane is a bus only lane.

  2. Rule 32(1), note 1—delete "and right lane is defined in subrule (3)" and substitute:

    right lane is defined in subrule (3) and bus only lane is defined in rule 154A

5—Substitution of rule 38

Rule 38—delete the rule and substitute:

38—Giving way when making a U‑turn

(1)A driver making a U‑turn must give way to all vehicles and pedestrians.

Offence provision.

Note—

For this rule, give way means the driver must slow down and, if necessary, stop to avoid a collision—see the definition in the dictionary.

(2)Despite subrule (1), a driver does not have to give way to a driver entering the road from a road‑related area or adjacent land.

Note—

Adjacent land is defined in the dictionary and road‑related area is defined in rule 13.

(3)In this rule—

road does not include a road‑related area.

Note—

A road-related area includes any shoulder of a road—see rule 13.

6—Insertion of rules 43 and 43A

After rule 42 insert:

43—Making a U‑turn at certain crossings

A driver must not make a U‑turn at any of the following crossings, with or without traffic lights, unless there is a U‑turn permitted sign at the crossing:

(a)children's crossing;

(b)level crossing;

(c)marked foot crossing;

(d)pedestrian crossing.

Offence provision.

Note—

Children's crossing is defined in rule 80, level crossing is defined in rule 120, pedestrian crossing is defined in rule 81 and marked foot crossing and traffic lights are defined in the dictionary.

43A—Making a U‑turn on a road-related area with traffic lights

A driver must not make a U‑turn at a place with traffic lights where a road and road‑related area intersect unless there is a U‑turn permitted sign at the place.

Offence provision.

Note 1—

Road includes a road‑related area—see rule 11(2).

Note 2—

Traffic lights is defined in the dictionary and road‑related area is defined in rule 13.

7—Amendment of rule 44—Division does not apply to entering or leaving a roundabout or lane filtering

  1. Rule 44, heading—delete "or lane filtering" and substitute:

    , lane filtering or repositioning

  2. Rule 44—after paragraph (b) insert:

    or

    (c)the rider of a motor bike while repositioning the motor bike within the same lane in order to avoid a hazard or reduce the risk of a crash.

8—Amendment of rule 62—Giving way when turning at an intersection with traffic lights

  1. Rule 62(1)(a)—after "pedestrian" insert:

    or rider of a bicycle

  2. Rule 62(1)(b)(ii)—delete "at or near the intersection who is on" and substitute:

    or rider of a bicycle at or near the intersection who is crossing

  3. Rule 62(1), SA NOTE—delete the SA NOTE

  4. Rule 62(1), note 1—delete "Intersection," and substitute:

    Bicycle, intersection,

9—Amendment of rule 64—Giving way at a flashing yellow traffic arrow at an intersection

  1. Rule 64(b)—after "pedestrian" insert:

    or rider of a bicycle

  2. Rule 64, SA NOTE—delete the SA NOTE

  3. Rule 64, note 1—delete "Intersection," and substitute:

    Bicycle, intersection,

10—Amendment of rule 67—Stopping and giving way at a stop sign or stop line at an intersection without traffic lights

  1. Rule 67(4)—after "pedestrian" insert:

    or rider of a bicycle

  2. Rule 67(4), note—delete the note and substitute:

    Note 1—

    Bicycle is defined in the dictionary.

    Note 2—

    Rule 353(1) specifies that a driver is not required to give way to a pedestrian who is crossing the road that the driver is leaving, and rule 353(2) provides that a pedestrian who is only crossing a part of a road is considered to be crossing the road.

11—Amendment of rule 69—Giving way at a give way sign or give way line at an intersection (except a roundabout)

  1. Rule 69(2A)(b)—after "on" insert:

    or entering

  2. Rule 69(3)—after "pedestrian" insert:

    or rider of a bicycle

  3. Rule 69(3), SA NOTE—delete the SA NOTE

  4. Rule 69(3), note—delete the note and substitute:

    Note 1—

    Bicycle is defined in the dictionary.

    Note 2—

    Rule 353(1) specifies that a driver is not required to give way to a pedestrian who is crossing the road that the driver is leaving, and rule 353(2) provides that a pedestrian who is only crossing a part of a road is considered to be crossing the road.

12—Amendment of rule 72—Giving way at an intersection (except a T‑intersection or roundabout)

  1. Rule 72(3)(b)—after "pedestrian" insert:

    or rider of a bicycle

  2. Rule 72(3), note 1—delete "Slip lane is" and substitute:

    Bicycle and slip lane are

  3. Rule 72(4)(b)—after "pedestrian" insert:

    or rider of a bicycle

  4. Rule 72(4), SA NOTE—delete the SA NOTE

  5. Rule 72(4A)—after "pedestrian" insert:

    or rider of a bicycle

  6. Rule 72(4A), SA NOTE—delete the SA NOTE

  7. Rule 72(5)(c)—after "pedestrian" insert:

    or rider of a bicycle

13—Amendment of rule 73—Giving way at a T‑intersection

  1. Rule 73(2)(b)—after "pedestrian" insert:

    or rider of a bicycle

  2. Rule 73(2), note 1—delete "Continuing road," and substitute:

    Bicycle, continuing road,

  3. Rule 73(3)(b)—delete "on" and substitute:

    or rider of a bicycle on or entering

  4. Rule 73(3), SA NOTE—delete the SA NOTE

  5. Rule 73(4)—after "pedestrian" insert:

    or rider of a bicycle

  6. Rule 73(5)(b)—after "pedestrian" insert:

    or rider of a bicycle

  7. Rule 73(5), SA NOTE—delete the SA NOTE

  8. Rule 73(5)—at the end of subrule (5) insert:

    Example—

Example 3A

Driver turning left using a slip lane giving way to a vehicle that is turning right into the road the driver is entering

  1. Rule 73(6)(b)—after "pedestrian" insert:

    or rider of a bicycle

14—Amendment of rule 74—Giving way when entering a road from a road‑related area or adjacent land

  1. Rule 74(1)—after paragraph (a) insert:

    (aa)a driver making a U‑turn on the road; and

  2. Rule 74(1)(d)(i)—after "pedestrian" insert:

    or rider of a bicycle

  3. Rule 74(1), note 1—after "Adjacent land," insert:

    bicycle,

  4. Rule 74(1), note 1—delete "and traffic lights" and substitute:

    , traffic lights and U‑turn

15—Amendment of rule 85—Giving way on a painted island

Rule 85, examples at the end of rule 85—delete the examples and substitute:

Examples—

Example 1

Example 2

Driver entering a turning lane from a painted island giving way to a vehicle entering the turning lane from the marked lane immediately to the right of the turning lane.

Driver entering a turning lane from a painted island giving way to a vehicle entering the turning lane from the marked lane immediately to the left of the turning lane.

In the examples, vehicle B must give way to vehicle A.

16—Amendment of rule 111—Entering a roundabout from a multi‑lane road or a road with 2 or more lines of traffic travelling in the same direction

  1. Rule 111(2)—delete "enter the roundabout from the left marked lane or, if the road is not a multi‑lane road, as near as practicable to the left side of the road." and substitute:

    enter the roundabout—

    (a)from the left marked lane; or

    (b)if the road is not a multi‑lane road—as near as practicable to the left side of the road.

  2. Rule 111—after subrule (5) insert:

    (5A)Subrule (2)(b) does not apply to the rider of a bicycle.

    Note—

    Bicycle is defined in the dictionary.

17—Amendment of rule 128A—Entering blocked crossings

  1. Rule 128A(2)(c)—after "pedestrian" insert:

    or rider of a bicycle

  2. Rule 128A(2), SA NOTE—delete "regulations 9A and 9B" and substitute:

    regulation 9B

  3. Rule 128A—at the end of subrule (2), after the SA NOTE, insert:

    Note—

    Bicycle is defined in the dictionary.

18—Amendment of rule 129—Keeping to the far left side of a road

Rule 129(2)—delete subrule (2), including the note, and substitute:

(2)This rule does not apply to—

(a)the rider of a motor bike; or

(b)the rider of a bicycle when approaching, entering or riding in a roundabout.

Note—

Approaching, bicycle, motor bike and roundabout are defined in the dictionary.

19—Amendment of rule 154—Bus lanes

  1. Rule 154(3), definition of bus lane road marking, (c)—delete paragraph (c)

  2. Rule 154, SA NOTE at the end of the rule—delete the SA NOTE

20—Insertion of rule 154A

After rule 154 insert:

154A—Bus only lanes

(1)A driver (except the driver of a public bus) must not drive in a bus only lane, unless the driver is permitted to drive in the bus only lane under subrule (2).

Offence provision.

Note—

Bus and public bus are defined in the dictionary and bus only lane is defined in subrule (6).

(2)A driver may drive in a bus only lane if—

(a)it is necessary for the driver to drive in the bus only lane to avoid an obstruction; and

(b)the driver does not obstruct the path of a public bus travelling in the bus only lane; and

(c)where the driver is approaching the bus only lane from the same direction as a vehicle in a bus only lane—the driver approaches the bus only lane from the lane nearest to the bus only lane; and

(d)the driver gives way to any vehicles driving in the bus only lane.

(3)A driver must not drive across a bus only lane, unless the driver is permitted to drive across the bus only lane under subrule (4).

Offence provision.

(4)A driver may drive across a bus only lane only if—

(a)the driver is driving across the bus only lane to—

(i)enter or leave a road; or

(ii)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, the shoulder of the road or an emergency stopping lane); and

(b)where the driver is approaching the bus only lane from the same direction as a vehicle in a bus only lane—the driver approaches the bus only lane from the lane nearest to the bus only lane; and

(c)the driver gives way to any vehicles driving in the bus only lane.

(5)A driver turning at an intersection immediately after a bus only lane must—

(a)if the driver is approaching the bus only lane from the same direction as a vehicle in a bus only lane—approach the bus only lane from the lane nearest to the bus only lane; and

(b)give way to any vehicles driving in the bus only lane.

Offence provision.

(6)A bus only lane is a marked lane or the part of a marked lane—

(a)beginning at a bus only lane sign (whether or not there is also a bus only lane road marking) and ending at the nearest of the following:

(i)an end bus only lane sign;

(ii)a traffic sign that indicates the beginning of a special purpose lane;

(iii)a traffic sign that indicates drivers of vehicles may drive in the lane beyond the sign;

(iv)an intersection with traffic lights or traffic arrows; or

(b)beginning at a bus only lane road marking (if there is no bus only lane sign) and ending at the next intersection; or

(c)that is marked with a continuous line starting at the beginning of a bus only lane road marking and ending at an end bus only lane road marking.

SA NOTE—

For South Australia, see regulation 13 of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014.

Note—

Bus only lane road marking, marked lane, special purpose lane and traffic sign are defined in the dictionary.

Bus only lane sign

End bus only lane sign

21—Amendment of rule 174—Stopping at or near bicycle crossing lights (except at an intersection)

  1. Rule 174, heading—delete "at or near bicycle crossing lights" and substitute:

    on or near a bicycle crossing

  2. Rule 174(1)—delete subrule (1), including the note

  3. Rule 174(2)—after "not stop" insert:

    on a bicycle crossing or

  4. Rule 174(2)—delete "the place" and substitute:

    the bicycle crossing

  5. Rule 174(2), note 1—delete the note

  6. Rule 174(2), note 2—delete "Note 2" and substitute:

    Note

  7. Rule 174(4)—before the definition of road insert:

    bicycle crossing means an area of road—

    (a)with bicycle crossing lights facing bicycle riders crossing the road; and

    (b)with traffic lights facing traffic travelling on the road; and

    (c)that is not at an intersection.

  8. Rule 174(4), note—delete the note and substitute:

    Note—

    Intersection, parking control sign and traffic lights are defined in the dictionary, road‑related area is defined in rule 13 and shoulder is defined in rule 12.

22—Amendment of rule 187—Stopping in a bicycle lane, bus lane, tram lane, tramway, transit lane, truck lane or on tram tracks

  1. Rule 187, heading—after "bus lane," insert:

    bus only lane,

  2. Rule 187(1), SA NOTE at the foot of subrule (1)—delete the SA NOTE and substitute:

    Note—

    Bus lane is defined in rule 154, transit lane is defined in rule 156, truck lane is defined in rule 157, and public bus, public minibus and taxi are defined in the dictionary.

  3. Rule 187(2)—after the offence provision insert:

    Note 1—

    Bicycle lane is defined in rule 153.

    Note 2—

    Part 11, Division 6 deals with driving in bicycle lanes, bus lanes, tram lanes, tramways, transit lanes and truck lanes.

  4. Rule 187(3), notes 1 to 3—delete notes 1 to 3 (inclusive) and substitute:

    Note 1—

    Tram lane is defined in rule 155, tramway is defined in rule 155A, and tram and tram tracks are defined in the dictionary.

    Note 2—

    Rule 76 deals with drivers keeping clear of trams travelling in tram lanes or on tram tracks marked on each side by a yellow line.

  5. Rule 187—after subrule (3) insert:

    (4)A driver must not stop in a bus only lane unless the driver is driving a public bus and is dropping off, or picking up, passengers.

    Offence provision.

    Note—

    Public bus is defined in the dictionary and Bus only lane is defined in rule 154A.

23—Amendment of rule 189—Double parking

Rule 189(1)—delete "he or she" and substitute:

the driver

24—Insertion of rules 203B and 203C

After rule 203A insert:

203B—Stopping in a parking area for electric‑powered vehicles

(1)A driver of a vehicle that is not an electric‑powered vehicle must not stop in a parking area for electric‑powered vehicles.

Offence provision.

(2)A parking area for electric‑powered vehicles is a length or area of a road—

(a)to which a permissive parking sign displaying an electric‑powered vehicle symbol applies; or

(b)to which an electric‑powered vehicle parking sign applies; or

(c)indicated by a road marking that consists of, or includes, an electric‑powered vehicle symbol.

Note—

Road marking is defined in the dictionary.

(3)An electric‑powered vehicle means a vehicle that—

(a)is powered by 1 or more electric motors or traction motors, regardless of whether the vehicle is also powered by another form of propulsion; and

(b)can be recharged from an external source of electricity.

Electric‑powered vehicle symbol

SA NOTE—

For South Australia, see regulation 19A of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014.

203C—Stopping in a parking area for the charging of electric‑powered vehicles

(1)A driver must not stop in a parking area for the charging of electric‑powered vehicles unless—

(a)the driver's vehicle is an electric‑powered vehicle; and

(b)the electric‑powered vehicle is plugged in to an external source of electricity.

Offence provision.

Note—

Electric‑powered vehicle is defined in rule 203B.

(2)A parking area for the charging of an electric‑powered vehicle is a length or area of a road—

(a)to which a permissive parking sign displaying an electric‑powered vehicle charging symbol applies; or

(b)to which an electric‑powered vehicle charging parking sign applies; or

(c)indicated by a road marking that consists of, or includes, an electric‑powered vehicle charging symbol.

Note—

Road marking is defined in the dictionary.

Electric‑powered vehicle charging symbol

SA NOTE—

For South Australia, see regulation 19A of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014.

25—Amendment of rule 206—Time extension for people with disabilities

Rule 206(2)—delete "his or her" and substitute:

the driver's

26—Amendment of rule 207—Parking where fees are payable

  1. Rule 207(1)—delete "by buying a ticket or putting money into a parking meter"

  2. Rule 207(2)(b)—delete paragraph (b) and substitute:

    (b)obey instructions (if any)—

    (i)on or with the sign or a meter, ticket or ticket‑vending machine; and

    (ii)in a mobile app or other electronic method used for the payment of fees under this rule, being an app or method indicated on or with the sign or a meter, ticket or ticket‑vending machine.

27—Substitution of rule 221

Rule 221—delete the rule and substitute:

221—Using hazard warning lights

The driver of a vehicle fitted with hazard warning lights must not use the hazard warning lights, or allow them to be used, unless—

(a)the vehicle is stopped and is obstructing, or is likely to obstruct, the path of other vehicles or pedestrians; or

(b)the vehicle is a slow‑moving vehicle and is obstructing, or is likely to obstruct, the path of other vehicles or pedestrians; or

(c)the vehicle is stopped in an emergency stopping lane; or

(d)the driver stops the vehicle to sell a product (for example, ice creams) that may attract children onto the road; or

(e)the driver is driving in hazardous weather conditions (for example, fog or smoke); or

(f)the vehicle is a bus carrying children, and the driver stops the vehicle to drop off or pick up a child and is required or permitted to operate the hazard warning lights under another law of this jurisdiction; or

(g)the hazard warning lights are operating as part of an anti‑theft device, or an alcohol interlock device, fitted to the vehicle.

Offence provision.

SA NOTE—

For South Australia, see regulation 26 of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014.

Note 1—

Alcohol interlock device, bus and hazard warning lights are defined in the dictionary, and emergency stopping lane is defined in rule 95.

Note 2—

Driver includes a person in control of a vehicle—see the definition of drive in the dictionary.

Note 3—

A vehicle does not obstruct another vehicle only because the vehicle is stopped in traffic or is travelling more slowly than other vehicles—see the definition of obstruction in the dictionary.

28—Amendment of rule 224—Using horns and similar warning devices

Rule 224, note 1—delete the note and substitute:

Note 1—

Alcohol interlock device and driver's vehicle are defined in the dictionary and road user is defined in rule 14.

29—Amendment o rule 225—Using radar detectors and similar devices

Rule 225(2)—delete "his or her" and substitute:

the person's

30—Amendment of rule 232—Crossing a road at traffic lights

  1. Rule 232(3A)—delete "he or she has" and substitute:

    the pedestrian has

  2. Rule 232(3A)(a)—delete "him or her than the side or safety area (whichever is the closer) that he or she" and substitute:

    the pedestrian than the side or safety area (whichever is the closer) that the pedestrian

  3. Rule 232(3A)(b)—delete "he or she" and substitute:

    the pedestrian

31—Amendment of rule 233—Crossing a road to or from a tram

Rule 233(4)(b)—delete "his or her" and substitute:

the employee's

32—Amendment of rule 235—Crossing a level crossing

Rule 235(2A)—delete "he or she" and substitute:

the pedestrian

33—Amendment of rule 235A—Crossing a pedestrian level crossing that has a red pedestrian light

  1. Rule 235A(2)—delete "he or she" and substitute:

    the pedestrian

  2. Rule 235A(3)—delete "he or she" and substitute:

    the pedestrian

34—Amendment of rule 244B—Wearing of helmets by users of motorised scooters

Rule 244B—delete "his or her head, unless he or she" and substitute:

the person's head, unless the person

35—Amendment of rule 261—Stopping for a yellow bicycle crossing light

Rule 261(1), note—delete "is defined" and substitute:

and intersection are defined

36—Amendment of rule 262—Proceeding when bicycle crossing at an intersection or another place on a road

  1. Rule 262(2A)—delete "he or she has" and substitute:

    the rider has

  2. Rule 262(2A)(a)—delete "him or her than the side or safety area (whichever is the closer) that he or she" and substitute:

    the rider than the side or safety area (whichever is the closer) that the rider

  3. Rule 262(2A)(b)—delete "he or she" and substitute:

    the rider

37—Substitution of rule 264

Rule 264—delete the rule and substitute:

264—Wearing of seatbelts by drivers

The driver of a motor vehicle that is moving, or is stationary but not parked—

(a)must occupy a driver's seating position that is fitted with an approved seatbelt; and

(b)must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seatbelt under rule 267); and

(c)must wear the seatbelt properly adjusted and fastened, unless the driver is reversing the vehicle or exempt from wearing a seatbelt under rule 267.

Offence provision.

Examples of seatbelts being properly adjusted and fastened—

1A lap and sash seatbelt is properly adjusted and fastened for a driver if—

(a)the seatbelt is secured in the buckle with the lap portion of the belt sitting low and firmly over the driver's hips; and

(b)the sash portion of the belt is positioned firmly over the driver's shoulder and not under the driver's arm furthest from the secured buckle or behind the driver's back.

2A lap belt is properly adjusted and fastened for a driver if the seatbelt is secured in the buckle with the belt sitting low and firmly over the driver's hips.

SA NOTE—

For South Australia, see regulation 34A of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014.

Note 1—

Driver is defined in rule 16, and approved seatbelt, motor vehicle and park are defined in the dictionary.

Note 2—

Rule 267 provides exemptions from wearing seatbelts.

38—Amendment of rule 265—Wearing of seatbelts by passengers 16 years old or older

  1. Rule 265(1)—delete "he or she" and substitute:

    the passenger

  2. Rule 265(2)—after paragraph (c) and before note 1 insert:

    Examples of seatbelts being properly adjusted and fastened—

    1A lap and sash seatbelt is properly adjusted and fastened for a passenger if—

    (a)the seatbelt is secured in the buckle with the lap portion of the belt sitting low and firmly over the passenger's hips; and

    (b)the sash portion of the belt is positioned firmly over the passenger's shoulder and not under the passenger's arm furthest from the secured buckle or behind the passenger's back.

    2A lap belt is properly adjusted and fastened for a passenger if the seatbelt is secured in the buckle with the belt sitting low and firmly over the passenger's hips.

39—Amendment of rule 267—Exemptions from wearing seatbelts

  1. Rule 267(1A)(a)—delete "he or she" and substitute:

    the person

  2. Rule 267(6)—delete "he or she" and substitute:

    the person

  3. Rule 267(7)—delete "he or she" and substitute:

    the driver

40—Amendment of rule 268—How persons must travel in or on a motor vehicle

Rule 268(2)(b)—delete "he or she" and substitute:

the person

41—Amendment of rule 270—Wearing motor bike helmets

Rule 270(3), definition of approved motor bike helmet, (a)(iii)—delete "(the UN standard); and" and substitute:

; or

(iv)the United Nations Economic Commission for Europe standard 22.06; and

42—Amendment of rule 271—Riding on motor bikes

  1. Rule 271(1)—delete subrule (1) (other than the note) and substitute:

    (1)Unless subrule (1A) applies, the rider of a motor bike that is moving (other than a motor bike that is being pushed by a rider who is walking beside it), or the rider of a motor bike that is stationary but not parked, must—

    (a)sit astride the rider's seat facing forwards; and

    (b)if the motor bike is moving—

    (i)keep at least 1 hand on the handlebars; and

    (ii)keep both feet on the footrests or footboard designed for the rider's use.

    Offence provision.

  2. Rule 271(1A)—delete "Also, the" and substitute:

    The

  3. Rule 271(1A)—after paragraph (b) before the note insert:

    or

    (c)remove both feet from the footrests or footboard designed for the rider's use if the motor bike is moving at less than 10 kilometres per hour and—

    (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.

43—Amendment of rule 280—Application of Division

  1. Rule 280(1)—after "lane" insert:

    or bus only lane

  2. Rule 280(2)(b)—after "lane" insert:

    or bus only lane

44—Amendment of rule 299—Television receivers and visual display units in vehicles

Rule 299—after subrule (3) insert:

(4)For the purpose of this rule, a vehicle may be parked even though—

(a)the key to the vehicle is located in the vehicle's ignition lock; or

(b)the engine of the vehicle is running.

45—Amendment of rule 300—Use of mobile phones

Rule 300—after subrule (3) insert:

(3A)For the purpose of this rule, a vehicle may be parked even though—

(a)the key to the vehicle is located in the vehicle's ignition lock; or

(b)the engine of the vehicle is running.

46—Insertion of rule 300A

After rule 300, including the SA NOTE, insert:

300A—Interfering with or interrupting funeral procession

A driver must not interfere with, or interrupt, the free passage along any length of road of—

(a)any funeral procession; or

(b)any vehicle or person apparently forming part of the procession.

Offence provision.

47—Amendment of rule 307—Stopping and parking exemption for police and emergency vehicles and authorised persons

Rule 307(2)—delete "his or her" and substitute:

the driver's

48—Amendment of rule 308—Exemption for police officers and emergency workers on foot

Rule 308—delete "his or her" and substitute:

the police officer's or emergency worker's

49—Amendment of rule 313B—Exemption for breakdown vehicles

  1. Rule 313B(1)(a)—delete "his or her" and substitute:

    the person's

  2. Rule 313B(3), definition of breakdown vehicle, (b)—delete "his or her" and substitute:

    the person's

50—Amendment of Schedule 2—Standard or commonly used traffic signs

  1. Schedule 2—after the item headed "Buses must enter sign" insert:

Bus only lane sign

(rule 154A)

  1. Schedule 2—after the item headed "End bus lane sign" insert:

End bus only lane sign

(rule 154A)

51—Amendment of Schedule 3—Other permitted traffic signs

  1. Schedule 3—delete each item headed "Bus lane sign (rule 154)" and substitute:

Bus lane sign

(rule 154)

Bus lane sign

(rule 154)

Bus lane sign

(rule 154)

Bus lane sign

(rule 154)

Bus lane sign

(rule 154)

  1. Schedule 3—after the item headed "Buses must enter sign (rule 107)" insert:

Bus only lane sign

(rule 154A)

Bus only lane sign

(rule 154A)

Bus only lane sign

(rule 154A)

  1. Schedule 3—delete each item headed "End bus lane sign (rule 154)" and substitute:

End bus lane sign

(rule 154)

End bus only lane sign

(rule 154A)

End bus only lane sign

(rule 154A)

End bus only lane sign

(rule 154A)

52—Amendment of Schedule 4—Symbols and traffic‑related items

Schedule 4—after the items headed "Do not overtake turning vehicle sign" insert:

Electric‑powered vehicle charging symbol

(rule 203C)

Electric‑powered vehicle symbol

(rule 203B)

53—Amendment of Dictionary

  1. Dictionary, definition of alcohol interlock device—delete the definition and substitute:

    alcohol interlock device means a device in a vehicle that is designed to prevent the vehicle from being started or driven unless the device is supplied with a breath sample that contains either no alcohol or less than a certain concentration of alcohol.

  2. Dictionary—after the definition of bus lane insert:

    bus only lane see rule 154A.

    bus only lane road marking means a road marking consisting of the words "bus only".

    Note—

    Road marking is defined in this dictionary.

  3. Dictionary, definition of correctional vehicle, (b)—delete "his or her" and substitute:

    the person's

  4. Dictionary—after the definition of edge line insert:

    electric‑powered vehicle see rule 203B.

  5. Dictionary, definition of emergency vehicle, (b)—delete "his or her" and substitute:

    the person's

  6. Dictionary—before the definition of end no filtering sign insert:

    end bus only lane road marking means a road marking consisting of the words "end bus only".

    Note—

    Road marking is defined in this dictionary.

  7. Dictionary, definition of juvenile justice vehicle, (b)—delete "his or her" and substitute:

    the person's

  8. Dictionary, definition of parking control sign—at the foot of the definition after (o) insert:

    SA NOTE—

    For South Australia, see regulation 58A of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014.

  9. Dictionary, definition of police vehicle, (b)—delete "his or her" and substitute:

    the person's

  10. Dictionary, definition of postal vehicle, (b)—delete "his or her" and substitute:

    the person's

  11. Dictionary, definition of sheriff's vehicle, (b)—delete "his or her" and substitute:

    the person's

Made by the Governor

with the advice and consent of the Executive Council

on 30 November 2023

No 113 of 2023

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