Australian Road Rules Variation Rules 2011 (SA)

Case

South Australia

Australian Road Rules Variation Rules 2011

under the Road Traffic Act 1961

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Australian Road Rules

4            Variation of rule 24—Speed-limit in a shared zone

5            Variation of rule 62—Giving way when turning at an intersection with traffic lights

6            Variation of rule 64—Giving way at a flashing yellow traffic arrow at an intersection

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

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

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

10          Variation of rule 73—Giving way at a T‑intersection

11          Variation of rule 112—Giving a left change of direction signal when entering a roundabout

12          Variation of rule 113—Giving a right change of direction signal when entering a roundabout

13          Variation of rule 132—Keeping to the left of the centre of a road or the dividing line

14          Variation of rule 134—Exceptions to keeping to the left of a dividing line

15          Variation of rule 143—Passing or overtaking a vehicle displaying a do not overtake turning vehicle sign

16          Variation of rule 159—Marked lanes required to be used by particular kinds of vehicles

17          Variation of rule 297—Driver to have proper control of a vehicle etc

18          Variation of rule 299—Television receivers and visual display units in motor vehicles

19          Insertion of rule 353

353         References to pedestrians crossing a road

Part 1—Preliminary

1—Short title

These rules may be cited as the Australian Road Rules Variation Rules 2011.

2—Commencement

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

3—Variation provisions

In these rules, a provision under a heading referring to the variation of specified rules varies the rules so specified.

Part 2—Variation of Australian Road Rules

4—Variation of rule 24—Speed-limit in a shared zone

  1. Rule 24(1)—after "on a road" insert:

    , or the road,

  2. Rule 24(2)—delete subrule (2) and substitute:

    (2)A shared zone is:

    (a)if there is a shared zone sign and an end shared zone sign on a road and there is no intersection on the length of road between the signs—that length of road; or

    (b)if there is a shared zone sign on a road that ends in a dead end and there is no intersection on the length of road beginning at the sign and ending at the dead end—that length of road; or

    (c)a network of roads in an area with:

    (i)a shared zone sign on each road into the area, indicating the same number; and

    (ii)an end shared zone sign on each road out of the area; or

    (d)a road related area that is between a shared zone sign that relates to the area and an end shared zone sign that relates to the area.

    Note—

    Intersection is defined in the dictionary.

  3. Rule 24(3)—delete "subrule (2) (a) and (b)" and substitute:

    subrule (2) (c) (i) and (ii)

5—Variation of rule 62—Giving way when turning at an intersection with traffic lights

  1. Rule 62(1)(a)—delete "on" and substitute:

    crossing

  2. Rule 62(1)—after Note 4 insert:

    Note 5—

    In relation to paragraph (a), 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.

6—Variation of rule 64—Giving way at a flashing yellow traffic arrow at an intersection

  1. Rule 64(b)—delete "on" and substitute:

    crossing

  2. Rule 64—after Note 3 insert:

    Note 4—

    In relation to paragraph (b), 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.

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

  1. Rule 67(4)—delete "on" and substitute:

    who is crossing

  2. Rule 67(4)—at the end of subrule (4) insert:

    Note—

    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.

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

  1. Rule 69(3)—delete "on" and substitute:

    who is crossing

  2. Rule 69(3)—at the end of subrule (3) insert:

    Note—

    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.

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

  1. Rule 72(3)(b)—delete "on" and substitute:

    who is crossing

  2. Rule 72(3)—after the Note (now to be designated as Note 1) insert:

    Note 2—

    In relation to paragraph (b), 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.

  3. Rule 72(5)(c)—delete "on" and substitute:

    who is crossing

  4. Rule 72(5)—after the Note (now to be designated as Note 1) insert:

    Note 2—

    In relation to paragraph (c), 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.

10—Variation of rule 73—Giving way at a T‑intersection

  1. Rule 73(2)(b)—delete "on" and substitute:

    who is crossing

  2. Rule 73(2)—after the Note (now to be designated as Note 1) insert:

    Note 2—

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

  3. Rule 73(4)—delete "on" and substitute:

    who is crossing

  4. Rule 73(4)—after the Example insert:

    Note—

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

  5. Rule 73(6)(b)—delete "on" and substitute:

    who is crossing

  6. Rule 73(6)—after the Note (now to be designated as Note 1) insert:

    Note 2—

    In relation to paragraph (b), rule 353 (1) specifies that a driver is not required to give way to a pedestrian who is crossing the continuing road, 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—Variation of rule 112—Giving a left change of direction signal when entering a roundabout

Rule 112(2)—delete subrule (2), including the Note, and substitute:

(2)Before entering the roundabout, the driver must give a left change of direction signal for long enough to give sufficient warning to other drivers and pedestrians.

Offence provision.

Note—

Left change of direction signal is defined in the dictionary.

12—Variation of rule 113—Giving a right change of direction signal when entering a roundabout

  1. Rule 113(2)—delete subrule (2), including the Note, and substitute:

    (2)Before entering the roundabout, the driver must give a right change of direction signal for long enough to give sufficient warning to other drivers and pedestrians.

    Offence provision.

    Note—

    Right change of direction signal is defined in the dictionary.

  2. Rule 113(3)—after paragraph (b) insert:

    or

    (c)the driver is about to leave the roundabout.

  3. Rule 113(3)—after Note 2 insert:

    Note 3—

    Rule 118 requires a driver, if practicable, to give a left change of direction signal when leaving a roundabout.

13—Variation of rule 132—Keeping to the left of the centre of a road or the dividing line

  1. Rule 132(2), Note—delete the Note and substitute:

    Note—

    Rule 134 deals with driving to the right of the dividing line to overtake another vehicle, to enter or leave a road, or to move from one part of the road to another. Rule 139 (2) deals with driving to the right of the dividing line to avoid an obstruction.

    The effect of this subrule, in relation to continuous dividing lines, is as follows:

    •in the case of a dividing line that is only a single continuous dividing line, or that is a broken dividing line to the right of a single continuous dividing line, a driver may only drive to the right of such a line in the circumstances set out in rules 134 (3) and 139 (2) (as supplemented by rule 139 (3));

    •in the case of a dividing line that is a single continuous dividing line to the right of a broken dividing line, a driver may only drive to the right of such a line in the circumstances set out in rules 134 (2), 134 (3) and 139 (2);

    •in the case of a dividing line that is 2 parallel continuous dividing lines, a driver may only drive to the right of such a line in the circumstances set out in rule 139 (2) (as supplemented by rule 139 (3)).

  2. Rule 132(2A)—at the end of subrule (2A) insert:

    Examples—

Example 1

Driving across a single continuous dividing line to make a U‑turn is not permitted

Example 2

Driving across a single continuous dividing line to the left of a broken dividing line to make a U‑turn is not permitted

Example 3

Driving across 2 parallel continuous dividing lines to make a U‑turn is not permitted

14—Variation of rule 134—Exceptions to keeping to the left of a dividing line

  1. Rule 134(2)—after "If the dividing line is a" insert:

    single

  2. Rule 134(3)—delete "not 2 parallel continuous dividing lines" and substitute:

    a single continuous or broken dividing line, or a broken dividing line to the left or right of a single continuous dividing line

  3. Rule 134, Examples—after Example 2 insert:

Example 2A

Driving across a single continuous dividing line is permitted to enter or leave the road

Example 2B

Driving across a single continuous dividing line is permitted to leave the road to enter a road‑related area

Example 2C

Driving across a single continuous dividing line to the left of a broken dividing line is permitted to enter or leave the road

15—Variation of rule 143—Passing or overtaking a vehicle displaying a do not overtake turning vehicle sign

Rule 143—after subrule (1) insert:

(1A)A driver must not drive past, or overtake, to the left of a vehicle displaying a do not overtake turning vehicle sign unless:

(a)the driver is driving on a multi‑lane road and the vehicle can be safely overtaken in a marked lane to the left of the vehicle; or

(b)the vehicle is turning right, or making a U‑turn from the centre of the road, and is giving a right change of direction signal and it is safe to overtake to the left of the vehicle; or

(c)the vehicle is stationary and it is safe to overtake to the left of the vehicle.

Offence provision.

Note—

Centre of the road, marked lane, multi‑lane road, overtake, right change of direction signal and U‑turn are defined in the dictionary.

16—Variation of rule 159—Marked lanes required to be used by particular kinds of vehicles

Rule 159(1)—after paragraph (c) insert:

or

(d)intending to turn off the road or to make a U‑turn, and in order to do so safely without disrupting other vehicles on the road it is necessary to position the vehicle in another lane before starting the turn, or to make the turn.

17—Variation of rule 297—Driver to have proper control of a vehicle etc

Rule 297(3) and (4)—delete subrules (3) and (4) and substitute:

(3)The rider of a motor bike must not ride with an animal on the motor bike between the rider and the handle bars, or in another position that interferes with the rider's ability to control the motor bike or to have a clear view of the road.

Offence provision.

Note—

Motor bike is defined in the dictionary.

(4)Subrule (3) does not apply to the rider of a motor bike who rides with an animal between the rider and the handle bars for a distance of not more than 500 metres on a road for the purpose of a farming activity that the rider is carrying out.

18—Variation of rule 299—Television receivers and visual display units in motor vehicles

  1. Rule 299(2)(b)—delete paragraph (b) and substitute:

    (b)the vehicle is not a motor bike and the visual display unit is, or is part of, a driver's aid and either—

    (i)is an integrated part of the vehicle design; or

    (ii)is secured in a mounting affixed to the vehicle while being used; or

  2. Rule 299—after subrule (2), including the Examples of driver's aids and the Note—insert:

    (3)For the purposes of subrule (2) (b) (ii), a visual display unit is secured in a mounting affixed to the vehicle if, and only if—

    (a)the mounting is commercially designed and manufactured for that purpose; and

    (b)the unit is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer.

19—Insertion of rule 353

After rule 352 insert:

353—References to pedestrians crossing a road

(1)If a driver who is turning from a road at an intersection is required to give way to a pedestrian who is crossing the road that the driver is entering, the driver is only required to give way to the pedestrian if the pedestrian's line of travel in crossing the road is essentially perpendicular to the edges of the road the driver is entering—the driver is not required to give way to a pedestrian who is crossing the road the driver is leaving.

(2)In these Rules, a reference to a pedestrian crossing a road includes a reference to a person who is crossing only part of a road (for example, a person walking to a safety zone or a median strip, or to the middle of a road to display a hand‑held stop sign).

Made by the Governor

with the advice and consent of the Executive Council

on 27 January 2011

No 2 of 2011

MRS10-001CS

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