National Transport Commission (Road Transport Legislation Australian Road Rules) Amendment Regulations 2008 (No. 1) (Cth)

National Transport Commission (Road Transport Legislation — Australian Road Rules) Amendment Regulations 2008 (No. 1)¹

Select Legislative Instrument 2008 No. 155

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 17 July 2008

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

ANTHONY ALBANESE

Minister for Infrastructure, Transport, Regional Development and Local Government

Name of Regulations

These Regulations are the National Transport Commission (Road Transport Legislation — Australian Road Rules) Amendment Regulations 2008 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Model legislation — Australian Road Rules

For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out model legislation, in the form of amending Regulations, about the rules to be followed by all road users.

Note 1 The model 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 Schedule 1 were approved by the Australian Transport Council on 29 September 2006.

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

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.

Schedule 1 Amendments

(regulation 3)

[1] Part 14, Division 2, heading, after note 2

insert

Note 3 Rules that apply to users of wheeled recreational devices also apply to users of motorised scooters — see the definitions of wheeled recreational device and motorised scooter in the dictionary.

[2] Part 14, Division 2, after rule 244

insert

244AMeanings of scooter and motorised scooter

(1)In these Rules:

scooter means a device that:

(a)has 2 or more wheels and a footboard supported by the wheels; and

(b)is steered by handlebars; and

(c)is designed to be used by a single person; and

(d)is propelled by any 1 or more of the following:

(i)gravity;

(ii)the user pushing one foot against the ground;

(iii)an electric motor or motors; and

(e)if it is fitted with an electric motor or motors, complies with the following requirements:

(i)its maker certifies (either by means of a plate attached to the motor or each motor, or by means of engraving on the motor or each motor) the ungoverned power output of the motor, or each motor;

(ii)the maximum power output of the motor, or the combined maximum power output of the motors, is not more than 200 watts;

(iii)when propelled only by the motor or motors, the scooter is not capable of going faster than 10 km/h on level ground.

motorised scooter means a scooter that is propelled by 1 or more electric motors and complies with the requirements in paragraph (e) of the definition of scooter.

(2)A reference in paragraph (d) or (e) of the definition of scooter, or in the definition of motorised scooter, in subregulation (1), to a motor includes both a motor that is part of the relevant device and a motor that is attached to the device.

(3)In these Rules, a reference to a scooter includes a motorised scooter unless the contrary intention appears.

244BWearing of helmets by users of motorised scooters

A person who is travelling on a motorised scooter on a road or road related area must wear an approved bicycle helmet securely fitted and fastened on his or her head, unless he or she is exempt from wearing a bicycle helmet under another law of this jurisdiction.

Offence provision.

Note Approved bicycle helmet and motorised scooter are defined in the dictionary.

244CMotorised scooters not to be used

If another law of this jurisdiction prohibits the use of motorised scooters on a road or road related area, a person must not travel on a motorised scooter on a road or road related area.

Offence provision.

[3] Dictionary, after the definition of motor bike

insert

motorised scooter see rule 244A.

[4] Dictionary, definition of motor vehicle

substitute

motor vehicle means a vehicle (other than a motorised scooter) that is built to be propelled by a motor that forms part of the vehicle.

[5] Dictionary, after the definition of school zone

insert

scooter see rule 244A.

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

after

motor‑assisted device

insert

other than a motorised scooter

[7] Dictionary, definition of wheeled toy

after

scooter

insert

(other than a motorised scooter)

Note

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