National Transport Commission (Road Transport Legislation Australian Road Rules) Amendment Regulations 2006 (No. 1) (Cth)

National Transport Commission (Road Transport Legislation — Australian Road Rules) Amendment Regulations 2006 (No. 1)¹

Select Legislative Instrument 2006 No. 12

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Transport Commission Act 2003.

Dated 15 February 2006

P. M. JEFFERY

Governor-General

By His Excellency’s Command

JAMES ERIC LLOYD

Minister for Local Government, Territories and Roads

Name of Regulations

These Regulations are the National Transport Commission (Road Transport Legislation — Australian Road Rules) Amendment Regulations 2006 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Road transport legislation — Australian Road Rules

For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedules 1 and 2 set out road transport legislation, in the form of amending Regulations, about the rules to be followed by all road users.

Note 1 The road transport legislation set out in Schedules 1 and 2 does not have the force of law (see paragraph 7 (2) (a) of the NTC Act).

Note 2 These Regulations must be made in accordance with the Agreement (see subparagraph 3 (b) (ii) of the NTC Act).

Note 3 These Regulations are not subject to disallowance — see the Legislative Instruments Act 2003, subsection 44 (2) (table, item 44) and the Legislative Instruments Regulations 2004, regulation 8 and Schedule 2 item 7.

Note 4 These Regulations are not subject to sunsetting — see the Legislative Instruments Act 2003, subsection 54 (2) (table, item 51) and the Legislative Instruments Regulations 2004, regulation 9 and Schedule 3 item 4.

Note 5 The amendments set out in Schedules 1 and 2 were originally drafted in the form of Regulations to be made under the Road Transport Reform (Vehicles and Traffic) Act 1993, but were not actually made as Regulations. In that form, they were approved by the Australian Transport Council on, respectively, 30 June 2003 and 12 September 2003. As approved by the Council, they included no formal provisions such as citation, commencement or amendment provisions.

Amendment of National Transport Commission (Road Transport Legislation — Australian Road Rules) Regulations 2006

(1)Schedule 1 amends the text set out in Schedule 1 to the National Transport Commission (Road Transport Legislation — Australian Road Rules) Regulations 2006 as if a reference in Schedule 1 to a provision of the Australian Road Rules were a reference to the corresponding provision in that text.

(2)Schedule 2 amends that text, as so amended, as if a reference in the Schedule to a provision of those Rules were a reference to the corresponding provision in that text as so amended.

Schedule 1 Amendments approved by Australian Transport Council on 30 June 2003

(regulation 3 and subregulation 4 (1))

[1] Rule 29

omit

marking.

insert

marking unless the driver is turning, at B lights or traffic arrows, in accordance with Division 2 of Part 17.

[2] Rule 33 (1)

omit

rule.

insert

rule unless the driver is turning, at B lights or traffic arrows, in accordance with Division 2 of Part 17.

[3] After rule 48 (3)

insert

(3A)Subrule (3) does not apply to the rider of a bicycle that is stopped in traffic but not parked.

[4] Rule 56 (1) (c)

omit

nearest or only traffic lights.

insert

nearest or only traffic lights;

[5] After rule 56 (1) (c)

insert

and must not proceed past the stop line, stop here on red signal sign or nearest or only traffic lights (as the case may be) until the traffic lights show a green or flashing yellow traffic light or no traffic light.

[6] Rule 56 (1), example

substitute

Example for paragraph (1) (b)

Stopping at a stop here on red signal sign

In this example the driver may go straight ahead, or turn right or left, if there is a green traffic light showing at 1. However, the driver must not go beyond the stop here on red signal sign at 2 if there is a red traffic light showing on the road the driver is entering (see 2 and 3).

[7] After rule 56 (1), including the example

insert

(1A)However, if the traffic lights are at an intersection with a left turn on red after stopping sign and the driver is turning left at the intersection, the driver may turn left after stopping.

Note Rule 62 deals with the give way rules applying to a driver turning left at an intersection after stopping at a left turn on red after stopping sign.

[8] Rule 56 (2) (c)

omit

nearest or only traffic arrows.

insert

nearest or only traffic arrows;

[9] After rule 56 (2) (c)

insert

and must not proceed past the stop line, stop here on red arrow sign or nearest or only traffic arrows (as the case may be) until the traffic arrows show a green or flashing yellow traffic arrow or no traffic arrow.

[10] Rule 57

substitute

Stopping for a yellow traffic light or arrow

(1)A driver approaching or at traffic lights showing a yellow traffic light must stop:

(a)if there is a stop line at or near the traffic lights and the driver can stop safely before reaching the stop line — as near as practicable to, but before reaching, the stop line; or

(b)if there is no stop line at or near the traffic lights and the driver can stop safely before reaching the traffic lights — as near as practicable to, but before reaching, the nearest or only traffic lights; or

(c)if the traffic lights are at an intersection and the driver cannot stop safely in accordance with paragraph (a) or (b), but can stop safely before entering the intersection — before entering the intersection;

and must not proceed past the stop line or nearest or only traffic lights, or into the intersection (as the case may be), until the traffic lights show a green or flashing yellow traffic light or no traffic light.

Offence provision.

Note Enter, intersection, stop line and yellow traffic light are defined in the dictionary.

(2)A driver approaching or at traffic arrows showing a yellow traffic arrow who is turning in the direction indicated by the arrow must stop:

(a)if there is a stop line at or near the traffic arrows and the driver can stop safely before reaching the stop line — as near as practicable to, but before reaching, the stop line; or

(b)if there is no stop line at or near the traffic arrows and the driver can stop safely before reaching the traffic arrows — as near as practicable to, but before reaching, the nearest or only traffic arrows; or

(c)if the traffic arrows are at an intersection and the driver cannot stop safely in accordance with paragraph (a) or (b), but can stop safely before entering the intersection — before entering the intersection;

and must not proceed past the stop line or nearest or only traffic arrows, or into the intersection (as the case may be), until the traffic arrows show a green or flashing yellow traffic arrow or no traffic arrow.

Offence provision.

Note Enter, intersection, stop line and yellow traffic arrow are defined in the dictionary.

(3)If the traffic lights or traffic arrows (as the case may be) are at an intersection and the driver is not able to stop safely under subrule (1) or (2) (as the case may be) and enters the intersection, the driver must leave the intersection as soon as the driver can do so safely.

Offence provision.

Note 1 Intersection does not include a road-related area — see the definition in the Dictionary.

Note 2 This rule applies to a driver turning left using a slip lane only if the yellow traffic light or yellow traffic arrow (as the case may be) applies to the slip lane — see Part 20, Divisions 2 and 3, especially rules 330 and 345.

Note 3 Rule 58 deals with when a driver does not have to stop at a yellow traffic light.

[11] Rule 59 (1), including the notes

substitute

(1)If traffic lights at an intersection or marked foot crossing are showing a red traffic light, a driver must not enter the intersection or marked foot crossing.

Offence provision.

Note 1 Enter, intersection, marked foot crossing and red traffic light are defined in the dictionary.

Note 2 Rules 56 and 57 deal with stopping for a red or yellow traffic light, and proceeding while the light remains red or yellow. Rule 60 deals with proceeding through a red traffic arrow.

[12] Rule 59 (3)

omit

subrule 58 (1)

insert

rule 58 (1)

[13] Rule 61 (2)

omit

traffic lights or arrows

insert

traffic lights or traffic arrows (as the case may be)

[14] Rule 61 (4)

omit

subrule 58 (1)

insert

rule 58 (1)

[15] Rule 61 (5)

omit

traffic lights or arrows

insert

traffic lights or traffic arrows (as the case may be)

[16] Rule 69, heading

substitute

Giving way at a give way sign or give way line at an intersection (except a roundabout)

[17] Rule 69 (1)

after

intersection

insert

(except a roundabout)

[18] Rule 69 (1), note 1

substitute

Note 1 Give way line and intersection are defined in the dictionary, and roundabout is defined in rule 109. This rule also applies to T-intersections — see the definition of intersection.

[19] Rule 69 (2)

omit

The driver

insert

Unless the driver is turning left using a slip lane, the driver

[20] After rule 69 (2)

insert

(2A)If the driver is turning left using a slip lane, the driver must give way to:

(a)any vehicle on the road the driver is entering, or turning right at the intersection into the road the driver is entering (except a vehicle making a U-turn at the intersection); and

(b)any other vehicle or pedestrian on the slip lane.

[21] Rule 74 (1) (d)

substitute

(d)for a driver entering the road from a road-related area:

(i)any pedestrian on the road-related area; and

(ii)any other vehicle ahead of the driver’s vehicle or approaching from the left or right.

[22] Rule 77 (1)

after

traffic,

insert

or in a bicycle lane on the far left side of the road,

[23] After rule 91 (2)

insert

(3)However, a driver may make a U-turn at the intersection if there is a U-turn permitted sign at the intersection.

[24] After rule 104 (3)

insert

(4)However, a driver may drive a truck on a road past a no trucks sign if the destination of the truck lies beyond that sign and:

(a)there is no other route by which the truck could reach that destination; or

(b)any other route by which the truck could reach that destination would require the truck to pass another no trucks sign.

[25] Rule 109 (a)

substitute

(a)either:

(i)one or more marked lanes, all of which are for the use of vehicles travelling in the same direction around a central traffic island; or

(ii)room for 1 or more lines of traffic travelling in the same direction around a central traffic island; and

[26] Rule 111 (1)

omit

2 or more lines of traffic

insert

room for 2 or more lines of traffic (other than motor bikes, bicycles, motorised wheelchairs or animals)

[27] Rule 111 (2)

omit

or left line of traffic.

insert

or, if the road is not a multi-lane road, as near as practicable to the left side of the road.

[28] Rule 111 (2), example

substitute

Example

Example 1

Leaving a roundabout less than halfway around it

[29] Rule 111 (3)

omit

or right line of traffic.

insert

or, if the road is not a multi-lane road, from the left of, parallel to, and as near as practicable to, the dividing line or median strip.

[30] Rule 111 (3), example

substitute

Example

Example 2

Leaving a roundabout more than halfway around it

[31] Rule 111 (4)

omit

or line of traffic.

insert

or, if the road is not a multi-lane road, anywhere on the part of the road on which vehicles travelling in the same direction as the driver may travel.

[32] Rule 111 (4), example

substitute

Example

Example 3

Leaving a roundabout halfway around it

[33] Rule 111 (5), at the foot

insert

Examples

Example 4

Roundabout with 3 entry points

Example 5

Roundabout with 5 entry points

Note 1 for examples 4 and 5 Rule 116 requires a driver to obey traffic lane arrows when driving in or leaving a roundabout.

Note 2 for examples 4 and 5 The rules in Part 11 about driving in marked lanes, and moving from one marked lane or line of traffic to another marked lane or line of traffic, apply to a driver driving in a roundabout — see rules 146 to 148.

[34] Rule 111 (7), examples and notes

omit

[35] After rule 111 (7)

insert

(8)Despite subrule (2), a driver may approach and enter the roundabout from the marked lane next to the left lane as well as, or instead of, the left lane if:

(a)the driver’s vehicle, together with any load or projection, is 7.5 metres long, or longer; and

(b)the vehicle displays a do not overtake turning vehicle sign; and

(c)any part of the vehicle is within 50 metres of the nearest point of the roundabout; and

(d)it is not practicable for the driver to leave the roundabout less than halfway around it from within the left lane; and

(e)the driver can safely occupy the next marked lane and can safely leave the roundabout less than halfway around it by occupying the next marked lane, or both lanes.

(9)Despite subrule (3), a driver may approach and enter the roundabout from the marked lane next to the right lane as well as, or instead of, the right lane if:

(a)the driver’s vehicle, together with any load or projection, is 7.5 metres long, or longer; and

(b)the vehicle displays a do not overtake turning vehicle sign; and

(c)any part of the vehicle is within 50 metres of the nearest point of the roundabout; and

(d)it is not practicable for the driver to leave the roundabout more than halfway around it from within the right lane; and

(e)the driver can safely occupy the next marked lane and can safely leave the roundabout more than halfway around it by occupying the next marked lane, or both lanes.

In this rule:

left lane means:

(a)the marked lane nearest to the far left side of the road; or

(b)if there is an obstruction (for example, a parked car or roadworks) in that marked lane — the marked lane nearest to that marked lane that is not obstructed.

marked lane, for a driver, does not include a special purpose lane in which the driver is not permitted to drive.

right lane means:

(a)the marked lane nearest to the dividing line or median strip on the road; or

(b)if there is an obstruction (for example, a parked car or roadworks) in that marked lane — the marked lane nearest to that marked lane that is not obstructed.

[36] Rule 117 (1) and (2)

omit

a line of traffic

insert

a part of the roundabout where there is room for another line of traffic

[37] Rule 119

omit

2 or more lines of traffic,

insert

room for 2 or more lines of traffic (other than motor bikes, bicycles, motorised wheelchairs or animals),

[38] After rule 128

insert in Division 1

128AEntering blocked crossings

A driver must not enter a children’s crossing, marked foot crossing or pedestrian crossing if the driver cannot drive through the crossing because the crossing, or a road beyond the crossing, is blocked.

Offence provision.

Examples

The crossing, or a road beyond the crossing, may be blocked by congested traffic, a disabled vehicle, a collision between vehicles or between a vehicle and a pedestrian, or by a fallen load on the road.

Note Children’s crossing, enter, marked foot crossing and pedestrian crossing are defined in the dictionary.

[39] Rule 129 (1)

omit

(except a multi-lane road or a road with 2 or more lines of traffic travelling in the same direction as the driver)

insert

(except a multi-lane road)

[40] Rule 134 (2), except the notes

substitute

(2)If the dividing line is a broken dividing line only, or a broken dividing line to the left of a single continuous dividing line, the driver may drive to the right of the dividing line:

(a)to overtake another driver; or

(b)to perform a U-turn, unless another rule would prohibit the driver performing the U-turn.

[41] Rule 136, except the diagram and the note for the diagram

substitute

Driving on a one-way service road

A driver on the part of the road that is a service road (except a service road to which a two-way sign applies) must drive in the same direction as a vehicle travelling on the part of the road closest to the service road is required to travel.

Offence provision.

Note Service road is defined in the dictionary.

[42] Rule 138 (2)

omit

island:

insert

island for up to 50 metres:

[43] Rule 141 (1) (b)

omit

signal.

insert

signal; or

[44] After rule 141 (1) (b)

insert

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

[45] Rule 148 (1), example

substitute

Examples

Giving way when moving from one marked lane to another marked lane

Example 1

Example 2

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

[46] Rule 148 (2)

omit

(whether or not the line of traffic is ending)

[47] After rule 150 (2)

insert

(3)For this rule, a driver drives over a continuous white edge line on a road if:

(a)for a line on the far left side of the road — the driver’s vehicle is wholly or partly to the left of the line; or

(b)for a line on the far right side of the road — the driver’s vehicle is wholly or partly to the right of the line.

[48] Rule 158 (1) (d)

omit

or a line of traffic,

insert

or part of the road where there is room for a line of traffic (other than motor bikes, bicycles, motorised wheelchairs or animals),

[49] Rule 160 (2)

omit

tram.

insert

tram, unless the driver is permitted to do so by a traffic sign or road marking.

[50] Rules 163 and 164

substitute

Driving past the rear of a stopped tram at a tram stop

(1)A driver must comply with this rule if:

(a)the driver is driving behind the rear of a tram travelling in the same direction as the driver; and

(b)the tram stops at a tram stop, except at the far left side of the road; and

(c)there is no safety zone, dividing strip or traffic island between the tram and the part of the road where the driver is driving.

Offence provision.

Note Dividing strip, traffic island and tram stop are defined in the dictionary, and safety zone is defined in rule 162.

(2)The driver must stop before passing the rear of the tram.

(3)After stopping in accordance with subrule (2), the driver must not proceed if:

(a)the tram doors are open; or

(b)a pedestrian is entering or crossing the road between the tram tracks and the far left side of the road.

(4)After stopping in accordance with subrule (2), if the tram remains at the tram stop and subrules (3) (a) and (b) do not apply, the driver must not proceed past the tram at a speed greater than 10 kilometres per hour.

(5)However, subrules (2), (3) and (4) do not apply if the driver is directed to drive past the tram by an authorised person.

(6)In this rule:

tram includes a bus travelling along tram tracks.

Stopping beside a stopped tram at a tram stop

(1)A driver must comply with this rule if:

(a)the driver is driving alongside, or overtaking, a tram travelling in the same direction as the driver; and

(b)the tram stops at a tram stop, except at the far left side of the road; and

(c)there is no safety zone, dividing strip or traffic island between the tram and the part of the road where the driver is driving.

Offence provision.

Note Dividing strip, traffic island and tram stop are defined in the dictionary, and safety zone is defined in rule 162.

(2)The driver must stop.

(3)After stopping in accordance with subrule (2), the driver must not proceed if:

(a)the tram doors are open; or

(b)a pedestrian is entering or crossing the road between the tram tracks and the far left side of the road.

(4)After stopping in accordance with subrule (2), if the tram remains at the tram stop and subrules (3) (a) and (b) do not apply, the driver must not proceed past the tram at a speed greater than 10 kilometres per hour.

(5)However, subrules (2), (3) and (4) do not apply if the driver is directed to drive past the tram by an authorised person.

(6)In this rule:

tram includes a bus travelling along tram tracks.

[51] Rule 165 (c)

after

emergency,

insert

or to assist a disabled vehicle,

[52] Rule 165, note

substitute

Note 1 See rule 125 (in Part 11) for the offence of unreasonably obstructing the path of another vehicle or a pedestrian.

Note 2 Driver’s vehicle is defined in the dictionary.

[53] Rule 170 (1)

substitute

(1)A driver must not stop in an intersection unless:

(a)the driver is permitted to stop at that place under the Australian Road Rules; or

(b)the intersection is a T-intersection without traffic lights and the driver stops along the continuous side of the continuing road at the intersection.

Note Continuing road, intersection and T-intersection are defined in the dictionary.

[54] After rule 176 (1)

insert

(1A)In subrule (1):

road does not include a road-related area.

Note Road-related area is defined in rule 13.

[55] Rule 179 (2) (b)

omit

time.

insert

time; or

[56] After rule 179 (2) (b)

insert

(c)for a driver who is permitted to stop in the loading zone under another law of this jurisdiction that provides for a shorter period — that period.

[57] Rule 198 (2) (a)

substitute

(a)the driver:

(i)is dropping off, or picking up, passengers; and

(ii)does not leave the vehicle unattended; and

(iii)completes the dropping off, or picking up, of the passengers, and drives on, as soon as possible and, in any case, within 2 minutes after stopping; or

[58] After rule 198 (2), including the example

insert

(3)For this rule, a driver leaves a vehicle unattended if the driver leaves the vehicle so that the driver is over 3 metres from the closest point of the vehicle.

[59] Rule 200 (2)

after

under

insert

subrule (2A) or

[60] After rule 200 (2)

insert

(2A)The driver of a heavy vehicle, or long vehicle, other than a bus, is permitted to stop on a length of road in a built up area for longer than 1 hour if, throughout the period when the vehicle is stopped on the length of road, the driver is engaged in dropping off, or picking up, goods.

[61] After rule 203

insert

203AStopping in a slip lane

A driver must not stop in a slip lane unless:

(a)a parking control sign applies to the place where the driver stops; and

(b)the driver is permitted to stop at that place under the Australian Road Rules.

Offence provision.

Note Parking control sign and slip lane are defined in the dictionary.

[62] Rule 205

omit

A driver

insert

(1)A driver

[63] Rule 205

insert

(2)For subrule (1), a driver parks continuously on a length of road, or in an area, to which a permissive parking sign applies, from the time when the driver parks on the length of road, or in the area, until the driver, or another driver, moves the vehicle off the length of road, or out of the area, to which the permissive parking sign applies.

[64] Rule 208 (2), except the note

substitute

(2)The driver must position the vehicle to face:

(a)in the direction of travel of vehicles in the marked lane or line of traffic on, or next to, the part of the road where the driver parks; or

(b)if there is no traffic on, or next to, that part of the road — in the direction in which vehicles could lawfully travel on that part of the road.

[65] Rule 209 (2) (a)

substitute

(a)to face:

(i)in the direction of travel of vehicles in the marked lane or line of traffic to the left of the driver; or

(ii)if there is no traffic to the left of the driver — in the direction in which vehicles could lawfully travel on that part of the road; and

[66] Rule 210 (1), except the notes

substitute

(1)If a driver parks in a parking area on the side of a road, or in a median strip parking area:

(a)to which a parking control sign with the words ‘angle parking’ or ‘angle’ applies; or

(b)to which a road marking indicating an angle applies;

the driver must position the driver’s vehicle in accordance with subrules (2) to (4).

Offence provision.

[67] Rule 210 (2), including the note and examples

substitute

(2)If the parking control sign or road marking indicates that the vehicle must be positioned at a specified angle (other than 90°), the driver must position the vehicle:

(a)so that the vehicle is at an angle as near as practicable to the specified angle; and

(b)if the vehicle is parked on the side of the road — with the rear of the vehicle nearest to the centre of the road.

(2A)If the parking control sign or road marking does not indicate the angle at which the vehicle must be positioned, the driver must position the vehicle:

(a)so that the vehicle is at an angle as near as practicable to 45°, as shown in example 1 or 2; and

(b)if the vehicle is parked on the side of the road — with the rear of the vehicle nearest to the centre of the road.

Examples

Example 1

Parking at 45° at the side of a two-way road

Example 2

Parking at 45° at the side of a one-way road

(2B)Subrules (2) and (2A) do not apply if the road marking, or information on the parking control sign, includes the words ‘rear in’ or similar words.

[68] Rule 210 (3)

omit

information on or with

[69] Rule 210 (3) (b)

substitute

(b)if the vehicle is parked on the side of the road:

(i)if the road marking, or information on the parking control sign, includes the words ‘rear in’ or ‘front in’, or similar words — must position the vehicle so that the front of the vehicle is nearest the centre of the road, or the rear of the vehicle is nearest the centre of the road, in accordance with the road marking or sign; or

(ii)otherwise — may position the vehicle either way around.

[70] Rule 210 (4), including the examples

substitute

(4)If the road marking, or information on the parking control sign, includes the words ‘rear in’, or similar words, the driver must position the driver’s vehicle:

(a)so that the vehicle is at an angle as near as practicable to:

(i)the angle indicated by the road marking or parking control sign; or

(ii)if the road marking or parking control sign does not indicate an angle — 45°; and

(b)if the vehicle is parked on the side of the road — with the front of the vehicle nearest to the centre of the road.

(4A)Subrule (4) does not apply if the parking control sign or road marking indicates that the vehicle must be positioned at an angle of 90°.

Examples for subrule (4)

Example 5

Parking ‘rear in’ at 30° at the side of a road

Example 6

Parking ‘rear in’ at 30° in a median strip parking area

Example 7

Parking ‘rear in’ at 45° at the side of a road

Example 8

Parking ‘rear in’ at 45° in a median strip parking area

Example 9

Parking ‘rear in’ at 60° at the side of a road

Example 10

Parking ‘rear in’ at 60° in a median strip parking area

[71] Rule 213

substitute

Making a motor vehicle secure

(1)This rule applies to the driver of a motor vehicle who stops and leaves the vehicle on a road, except so far as the driver is exempt from this rule under another law of this jurisdiction.

Note Motor vehicle is defined in the dictionary.

(2)Before leaving the vehicle, the driver must apply the parking brake effectively or, if weather conditions (for example, snow) would prevent the effective operation of the parking brake, effectively restrain the motor vehicle’s movement in another way.

Offence provision.

(3)If the driver will be over 3 metres from the closest part of the vehicle, the driver must switch off the engine before leaving the vehicle.

Offence provision.

(4)If the driver will be over 3 metres from the closest part of the vehicle, and:

(i)there is no-one left in the vehicle; or

(ii)there is only a child or children under 16 years old left in the vehicle;

the driver must remove the ignition key before leaving the vehicle.

Offence provision.

(5)If:

(a)the driver will be over 3 metres from the closest part of the vehicle; and

(b)there is no-one left in the vehicle; and

(c)the doors of the vehicle can be locked;

the driver must also lock the doors of the vehicle immediately after leaving the vehicle.

Offence provision.

[72] Rule 235 (2), example, heading

substitute

Example for paragraph (2) (e)

[73] After rule 236 (3)

insert

(4)A pedestrian must not stand on, or move onto, a road to:

(a)solicit contributions, employment or business from an occupant of a vehicle; or

(b)hitchhike; or

(c)display an advertisement; or

(d)sell or offer articles for sale; or

(e)wash or clean, or offer to wash or clean, the windscreen of a vehicle.

Offence provision.

(5)A person in a vehicle must not buy, or offer to buy, an article or service from a person standing on a road.

Offence provision.

(6)Subrules (4) and (5) do not apply to the carrying on of an activity permitted by another law of this jurisdiction.

(7)In this rule:

road includes any shoulder of the road, and any median strip, painted island or traffic island, but does not include any other road-related area.

Note Median strip, painted island and traffic island are defined in the dictionary, shoulder is defined in rule 12, and road-related areais defined in rule 13.

[74] Rule 240 (1), except the note

substitute

(1)A person must not travel in or on a wheeled recreational device or wheeled toy on:

(a)a road with a dividing line or median strip; or

(b)a road on which the speed-limit is greater than 60 kilometres per hour; or

(c)a one-way road with more than 1 marked lane.

Offence provision.

[75] Rule 242 (2)

after

a shared path sign

insert

or shared path road marking

[76] Rule 242 (2) (a)

omit

sign;

insert

sign or end shared path road marking;

[77] Rule 242 (2) (c)

omit

sign;

insert

sign or bicycle path road marking;

[78] Rule 242 (2), note

substitute

Note Bicycle and no bicycles road marking are defined in the dictionary, road-related area is defined in rule 13, and bicycle path road marking and separated footpath are defined in rule 239.

[79] After rule 242 (2), including the diagrams and notes

insert

(3)In this rule:

end shared path road marking means a shared path road marking with the word ‘end’.

shared path road marking means a road marking consisting of a pedestrian symbol above a bicycle symbol.

[80] Rule 244

substitute

Wheeled recreational devices or wheeled toys being towed etc

(1)A person must not travel in or on a wheeled recreational device or wheeled toy that is being towed by a vehicle.

Offence provision.

(2)A person travelling in or on a wheeled recreational device or wheeled toy must not hold onto a vehicle while the vehicle is moving.

Offence provision.

(3)A person travelling in or on a wheeled recreational device or wheeled toy must not travel within 2 metres of the rear of a moving motor vehicle continuously for more than 200 metres.

Offence provision.

Note Vehicle is defined in rule 15.

[81] Rule 246, at the foot

insert

Example

A single-seat bicycle with a child’s seat attached is designed to carry 2 people, 1 on the bicycle seat and 1 on the attached child’s seat.

[82] Rule 248

substitute

No riding across a road on a crossing

(1)The rider of a bicycle must not ride across a road, or part of a road, on a children’s crossing or pedestrian crossing.

Offence provision.

Note Children’s crossing is defined in rule 80, and pedestrian crossing is defined in rule 81.

(2)The rider of a bicycle must not ride across a road, or part of a road, on a marked foot crossing, unless there are bicycle crossing lights at the crossing showing a green bicycle crossing light.

Offence provision.

Note Marked foot crossing is defined in the dictionary.

[83] After rule 268 (4)

insert

(4A)The driver of a motor vehicle must not drive with a passenger who is under 16 years old in or on a part of the vehicle that is not a part designed primarily for the carriage of passengers or goods.

Offence provision.

(4B)The driver of a motor vehicle must not drive with a passenger who is under 16 years old in or on a part of the vehicle that is a part designed primarily for the carriage of goods if the part is:

(a)not enclosed; or

(b)declared under another law of this jurisdiction to be a part of the vehicle in or on which persons must not be carried.

Offence provision.

[84] Rule 270 (3), definition of passenger

substitute

passenger, of a motor bike, includes a person on a passenger seat of the motor bike (including the pillion seat), or in a sidecar.

[85] Rule 271 (2)

omit

sidecar)

insert

sidecar or on a seat designed for a passenger, other than a pillion seat)

[86] Rule 271 (3)

omit

sidecar)

insert

sidecar or other seat designed for a passenger)

[87] Rule 271 (4)

omit

sidecar).

insert

sidecar or other seat designed for a passenger, other than a pillion seat).

[88] Rule 271 (5)

substitute

(5)The rider of a motor bike must not ride with more passengers in a sidecar, or on a seat designed for a passenger, than the sidecar, or seat, is designed to carry.

Offence provision.

[89] Rule 287 (2)

omit

(or the driver’s representative) must give

insert

must stop at the scene of the crash and give

[90] Rule 287 (3)

omit

(or the driver’s representative)

[91] After rule 313

insert in Part 19

313AExemption for garbage truck drivers etc

Another law of this jurisdiction may provide that a provision of the Australian Road Rules that is specified in the other law does not apply to the driver of a garbage or waste disposal truck while:

(a)the driver is engaged in the collection of waste or garbage; and

(b)the driver is unable to comply with the provision; and

(c)the garbage or waste disposal truck is displaying a flashing light; and

(d)the driver is acting safely.

[92] Rule 322 (1), after example 2

insert

3 A do not overtake turning vehicle sign attached to a vehicle on a road is taken to be a do not overtake turning vehicle sign on the road.

[93] Rule 334 (1)

omit

parking control sign

insert

permissive parking sign, bicycle parking sign or motor bike parking sign, or a zone sign mentioned in Division 5 of Part 12,

[94] Rule 334 (1), note

substitute

Note 1 Parking bay and with are defined in the dictionary.

Note 2 Rule 201 deals with bicycle parking signs, rule 202 deals with motor bike parking signs, and rule 204 deals with permissive parking signs.

[95] Rule 341, after example 2

insert

3 At an intersection, or on a roundabout, road markings indicating the edge of a marked lane for use by traffic coming from another direction do not apply to the driver.

[96] Schedule 3, before Separated footpath sign

insert

School zone sign

(rule 23)

[97] Schedule 3, Speed-limit sign

omit

[98] Dictionary, definition of bicycle

omit

1 or more

insert

2 or more

[99] Dictionary, definition of bicycle, paragraph (a)

substitute

(a)includes a pedicab, penny-farthing and tricycle; but

[100] Dictionary, definition of intersection, paragraph (b)

substitute

(b)the place where any slip lane between the roads meets the road into which traffic on the slip lane may turn;

[101] Dictionary, after definition of level crossing

insert

line of traffic means:

(a)2 or more vehicles travelling in line along a road (whether or not the vehicles are actually moving, but not including vehicles in a marked lane); or

(b)a single vehicle, other than a vehicle that is part of a line of traffic under paragraph (a), that is travelling along a road (whether or not the vehicle is actually moving, but not including a vehicle in a marked lane).

Examples

1 A vehicle travelling along a road (except in a marked lane) in line behind another vehicle (the leading vehicle) forms part of a line of traffic with the leading vehicle.

2 A vehicle travelling along a road (except in a marked lane) with no other vehicles in the vicinity constitutes a line of traffic by itself.

3 Two vehicles travelling in the same direction on a road (except in a marked lane), but not in line, are 2 lines of traffic.

[102] Dictionary, definition of overtake, paragraph (b)

substitute

(b)moving into an adjacent marked lane or part of the road on which there is room for a line of traffic (whether or not the lane or part of the road is for drivers travelling in the same direction); and

[103] Dictionary, definition of T–intersection

after

an intersection

insert

, other than a roundabout,

[104] Dictionary, after definition of tram lane

insert

tram stop means a portion of a road that is designated by a public transport operator as a tram stop, and near which is erected a sign inscribed with the words ‘tram stop’ or ‘hail trams here’, or words to similar effect.

[105] Dictionary, definition of wheeled recreational device, paragraph (a)

after

skateboard

insert

, scooter, unicycle

[106] Dictionary, definition of wheeled recreational device, paragraph (b)

after

trolley,

insert

a motor-assisted device (whether or not the motor is operating),

Schedule 2 Amendment approved by Australian Transport Council on 12 September 2003

(regulation 3 and subregulation 4 (2))

[1] Subrule 25 (2)

omit

60

insert

50

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See