Australian Road Rules Variation Rules 2016 (SA)
South Australia
Australian Road Rules Variation Rules 2016
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 Substitution of rule 3
3Objects of the Australian Road Rules
5 Variation of rule 98—One-way signs
6 Variation of rule 99—Keep left and keep right signs
7 Variation of rule 132—Keeping to the left of the centre of a road or the dividing line
8 Variation of rule 133—Exceptions to keeping to the left of the centre of a road
9 Variation of rule 134—Exceptions to keeping to the left of a dividing line
10 Variation of rule 137—Keeping off a dividing strip
11 Variation of rule 138—Keeping off a painted island
12 Variation of rule 144—Keeping a safe distance when overtaking
13 Variation of rule 146—Driving within a single marked lane or line of traffic
14 Variation of rule 147—Moving from one marked lane to another marked lane across a continuous line separating the lanes
15 Variation of rule 163—Driving past the rear of a stopped tram at a tram stop
16 Variation of rule 164—Stopping beside a stopped tram at a tram stop
17 Variation of rule 164A—Staying stopped if a tram comes from behind a stopped driver and stops
18 Variation of rule 207—Parking where fees are payable
19 Variation of rule 245—Riding a bicycle
20 Variation of rule 250—Riding on a footpath or shared path
21 Insertion of rule 262A
262A Proceeding when bicycle crossing light is green
22 Variation of rule 266—Wearing of seatbelts by passengers under 16 years old
23 Variation of rule 267—Exemptions from wearing seatbelts
24 Variation of rule 270—Wearing motor bike helmets
25 Variation of rule 271—Riding on motor bikes
26 Variation of rule 299—Television receivers and visual display units in vehicles
27 Variation of rule 300—Use of mobile phones
28 Variation of Dictionary
Part 1—Preliminary
1—Short title
These rules may be cited as the Australian Road Rules Variation Rules 2016.
2—Commencement
These rules come into operation on the day on which they are made.
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—Substitution of rule 3
Rule 3—delete rule 3 and substitute:
3—Objects of the Australian Road Rules
The objects of the Australian Road Rules are to—
(a)provide uniform rules across Australia for all road users; and
(b)specify behaviour for all road users that supports the safe and efficient use of roads in Australia.
5—Variation of rule 98—One-way signs
Rule 98(3)(a) and (b)—delete paragraphs (a) and (b) and substitute:
(a)is riding on a bicycle path, footpath, nature strip, separated footpath or shared path adjacent to the length of road; and
(b)is permitted to ride on the bicycle path, footpath, nature strip, separated footpath or shared path under the Australian Road Rules or another law of this jurisdiction.
Rule 98(3), note—after "dictionary" insert:
, bicycle path and separated footpath are defined in rule 239,
6—Variation of rule 99—Keep left and keep right signs
Rule 99(3)(a) and (b)—delete paragraphs (a) and (b) and substitute:
(a)is riding on a bicycle path, footpath, nature strip, separated footpath or shared path; and
(b)is permitted to ride on the bicycle path, footpath, nature strip, separated footpath or shared path under the Australian Road Rules or another law of this jurisdiction.
Rule 99(3), note—after "dictionary" insert:
, bicycle path and separated footpath are defined in rule 239,
7—Variation of rule 132—Keeping to the left of the centre of a road or the dividing line
Rule 132(1)—before note 1 insert:
SA NOTE—
For South Australia, see regulation 11B of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014.
Rule 132(2)—before the note insert:
SA NOTE—
For South Australia, see regulation 11B of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014.
8—Variation of rule 133—Exceptions to keeping to the left of the centre of a road
Rule 133—at the end of the rule insert:
SA NOTE—
For South Australia, see regulation 11B of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014.
9—Variation of rule 134—Exceptions to keeping to the left of a dividing line
Rule 134—after subrule (3), including the notes, (but before the examples) insert:
SA NOTE—
For South Australia, see regulation 11B of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014.
10—Variation of rule 137—Keeping off a dividing strip
Rule 137(1)—before note 1 insert:
SA NOTE—
For South Australia, see regulation 11B of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014.
11—Variation of rule 138—Keeping off a painted island
Rule 138(1)—before note 1 insert:
SA NOTE—
For South Australia, see regulation 11B of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014.
12—Variation of rule 144—Keeping a safe distance when overtaking
Rule 144—before the note insert:
SA NOTE—
For South Australia, in addition to this rule, see regulation 11A of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014.
13—Variation of rule 146—Driving within a single marked lane or line of traffic
Rule 146(1)—before note 1 insert:
SA NOTE—
For South Australia, see regulation 11B of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014.
Rule 146(2)—before the note insert:
SA NOTE—
For South Australia, see regulation 11B of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014.
14—Variation of rule 147—Moving from one marked lane to another marked lane across a continuous line separating the lanes
Rule 147—before note 1 insert:
SA NOTE—
For South Australia, see regulation 11B of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014.
15—Variation of rule 163—Driving past the rear of a stopped tram at a tram stop
Rule 163(5)—after "authorised person" insert:
or police officer
Rule 163(5)—at the foot of subrule (5) insert:
Note—
Authorised person and police officer are defined in the dictionary.
Rule 163, SA note—delete "regulations 14 and 51" and substitute:
regulation 14
16—Variation of rule 164—Stopping beside a stopped tram at a tram stop
Rule 164(5)—after "authorised person" insert:
or police officer
Rule 164(5)—at the foot of subrule (5) insert:
Note—
Authorised person and police officer are defined in the dictionary.
Rule 164, SA note—delete "regulations 14 and 51" and substitute:
regulation 14
17—Variation of rule 164A—Staying stopped if a tram comes from behind a stopped driver and stops
Rule 164A(4)—after "authorised person" insert:
or police officer
Rule 164A(4)—at the foot of subrule (4) insert:
Note—
Authorised person and police officer are defined in the dictionary.
Rule 164A, SA note—delete "regulations 14 and 51" and substitute:
regulation 14
18—Variation of rule 207—Parking where fees are payable
Rule 207(1), SA note—after "Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014" insert:
and section 86A of the Road Traffic Act 1961
Rule 207(2), SA note—after "Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014" insert:
and section 86A of the Road Traffic Act 1961
19—Variation of rule 245—Riding a bicycle
Rule 245(a)—delete "sit" and substitute:
be
20—Variation of rule 250—Riding on a footpath or shared path
Rule 250(1), SA note—delete the SA note
Rule 250—after subrule (1), including the note, insert:
(1A)The rider does not have to comply with subrule (1) if—
(a)the rider is carrying a medical certificate that states a medical practitioner believes the rider should be allowed to ride on the footpath because of a medical condition that the rider has; and
(b)the rider is complying with any conditions stated in the medical certificate; and
(c)no other law of this jurisdiction states that this subrule does not apply.
Note—
Medical certificate and medical practitioner are defined in the dictionary.
(1B)Also, the rider does not have to comply with subrule (1) if—
(a)the rider is with another rider who is riding on a footpath; and
(b)the other rider is—
(i)carrying a medical certificate that states a medical practitioner believes the rider should be allowed to ride on the footpath because of a medical condition that the rider has; or
(ii)a child under 12 years of age.
(1C)However, the rider is exempt under subrule (1A) or (1B) only if the rider who is carrying the medical certificate immediately produces the medical certificate when an authorised person or police officer asks to see the certificate.
Note—
Authorised person, medical certificate, medical practitioner and police officer are defined in the dictionary.
21—Insertion of rule 262A
After rule 262 insert:
262A—Proceeding when bicycle crossing light is green
(1)The rider of a bicycle who is crossing at an intersection, or another place on a road, with bicycle crossing lights and traffic lights must comply with this rule.
Offence provision.
Note—
Bicycle crossing lights, intersection and traffic lights are defined in the dictionary.
(2)If the bicycle crossing lights show a green bicycle crossing light, the rider may cross even though the traffic lights show a red traffic light or yellow traffic light.
Note—
Bicycle crossing lights, green bicycle crossing light, red traffic light, straight ahead, traffic lights and yellow traffic light are defined in the dictionary.
22—Variation of rule 266—Wearing of seatbelts by passengers under 16 years old
Rule 266—after subrule (2B), including the notes, insert:
(2C)A passenger does not have to comply with subrules (2), (2A) and (2B) if—
(a)the driver is carrying a medical certificate that states a medical practitioner believes the passenger should not be restrained in any of the ways described in those subrules because of a medical condition or disability that the passenger has; and
(b)the passenger is properly restrained in a child restraint that has been designed for, and is suitable for use by, the passenger or a person with the same medical condition or disability as the passenger; and
(c)the driver is complying with any conditions stated in the medical certificate; and
(d)no other law of this jurisdiction states that this subrule does not apply.
Note—
Medical certificate and medical practitioner are defined in the dictionary.
(2D)However, the passenger is exempt under subrule (2C) only if the driver immediately produces the medical certificate when an authorised person or police officer asks to see the certificate.
Note—
Authorised person and police officer are defined in the dictionary.
Rule 266—after subrule (3A), including the example, insert:
(3B)The driver does not have to comply with subrule (3) or (3A) if—
(a)the driver is carrying a medical certificate that states a medical practitioner believes the passenger should be in the front row of the vehicle because of a medical condition that the passenger has; and
(b)the driver is complying with any conditions stated in the medical certificate; and
(c)no other law of this jurisdiction states that this subrule does not apply.
Note—
Medical certificate and medical practitioner are defined in the dictionary.
(3C)However, the driver is exempt under subrule (3B) only if the driver immediately produces the medical certificate when an authorised person or police officer asks to see the certificate.
Note—
Authorised person and police officer are defined in the dictionary.
23—Variation of rule 267—Exemptions from wearing seatbelts
Rule 267(3)(a)—before "certificate" second occurring insert:
medical
Rule 267(3A) and (4)—delete subrules (3A) and (4), including the notes, and substitute:
(3A)A person who is in, or on, a motor vehicle is exempt from wearing a seatbelt if—
(a)the person or, if the person is a passenger, the driver of the vehicle is carrying a medical certificate that states a medical practitioner believes the person should not wear a seatbelt because of a medical condition that the person has; and
(b)the person is complying with any conditions stated in the medical certificate; and
(c)no other law of this jurisdiction states that this subrule does not apply.
Note—
Medical certificate and medical practitioner are defined in the dictionary.
(4)However, the person is exempt under subrule (3) or (3A) only if the person who is carrying the medical certificate immediately produces the medical certificate when an authorised person or police officer asks to see the certificate.
Note—
Authorised person and police officer are defined in the dictionary.
24—Variation of rule 270—Wearing motor bike helmets
Rule 270—after subrule (1), including the note, insert:
(1A)However, the rider of a motor bike that is moving, or is stationary but not parked, is exempt from wearing an approved motor bike helmet if—
(a)the motor bike's engine is not on; and
(b)the rider is pushing the motor bike; and
(c)in the circumstances, it is safe for the rider not to wear the helmet.
25—Variation of rule 271—Riding on motor bikes
Rule 271(1)(c)—after "footrests" insert:
or footboard
Rule 271—after subrule (1), including the note, insert:
(1A)Also, the rider of a motor bike that is moving may—
(a)stand on the motor bike's footrests or footboard designed for the rider's use if—
(i)the rider has both feet on the footrests or footboard; and
(ii)in the circumstances, it is safe for the rider to do so; or
(b)remove a foot from the footrest or footboard designed for the rider's use if—
(i)the rider is sitting on the rider's seat; and
(ii)at least 1 foot is on a footrest or footboard; and
(iii)in the circumstances, it is safe for the rider to do so.
Note—
Motor bike is defined in the dictionary.
Rule 271(5B)—delete "motorbike" and substitute:
motor bike
26—Variation of rule 299—Television receivers and visual display units in vehicles
Rule 299(1)—delete "motor"
Rule 299(1), note—delete "Motor vehicle and park are" and substitute:
Park is
27—Variation of rule 300—Use of mobile phones
Rule 300(1)(a)—delete "a phone call (other than a text message, video message, email or similar communication)" and substitute:
an audio phone call
Rule 300(4)—after the definition of "affixed to" insert:
audio phone call does not include an email, text message, video call, video message or other similar communication;
28—Variation of Dictionary
Dictionary—before the definition of minibus zone insert:
medical certificate means a certificate that—
(a)is signed by a medical practitioner; and
(b)states a date of issue; and
(c)if another law of this jurisdiction does not exempt the medical certificate from displaying an expiry date—states an expiry date that is not more than 1 year after the date of issue; and
(d)has not expired.
SA NOTE—
For South Australia, see regulation 57A of the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014.
medical practitioner means a person registered under the Health Practitioner Regulation National Law (South Australia) Act 2010 to practise in the medical profession (other than as a student).
Dictionary, definition of turning lane, note—delete ", U‑turn"
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these rules come into operation as set out in these rules.
Made by the Governor
with the advice and consent of the Executive Council
on 8 December 2016
No 274 of 2016
MRS16/01CS
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