Road Safety Road Rules Amendment Rules 2019 (Vic)

Road Safety Road Rules Amendment Rules 2019

S.R. No. 96/2019

TABLE OF PROVISIONS

Rule  Page

1Objective

2Authorising provision

3Principal Rules

4Obeying the speed-limit

5Giving way at a pedestrian crossing

6Entering blocked crossings

7Complying with overhead lane control devices

8Stopping on a clearway

9Parking where fees are payable

10Towing a vehicle at night or in hazardous weather conditions

11Riding on a footpath or shared path

12New rule 305A inserted

13Dictionary

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Endnotes

STATUTORY RULES 2019

S.R. No. 96/2019

Road Safety Act 1986

Road Safety Road Rules Amendment Rules 2019

The Governor in Council makes the following Rules:

Dated: 15 October 2019

Responsible Minister:

JAALA PULFORD
Minister for Road Safety and the TAC

PIETA TAVROU

Clerk of the Executive Council

1Objective

The objective of these Rules is to amend the Road Safety Road Rules 2017—

(a)to clarify the speed-limit that applies to a driver in a closed marked lane to which an overhead lane control device applies; and

(b)to remove references to the method of paying parking fees or buying tickets from parking meters; and

(c)to amend the age range of young riders allowed to ride on footpaths and permit certain adults carrying a child on their bicycles to ride on the footpath; and

(d)to exempt drivers of vehicles being used for police driver training from the application of the Road Safety Road Rules 2017; and

(e)to make other minor amendments.

2Authorising provision

These Rules are made under section 95D of the Road Safety Act 1986.

3Principal Rules

In these Rules, the Road Safety Road Rules 2017[1] are called the Principal Rules.

4Obeying the speed-limit

After note 5 at the foot of rule 20(5) of the Principal Rules insert—

"6See rule 152(5) and (6) in relation to the speed-limit that applies to a driver in a closed marked lane to which an overhead lane control device applies.".

5Giving way at a pedestrian crossing

In rule 81(2) of the Principal Rules, after "on" insert "or entering".

6Entering blocked crossings

In rule 128A(2)(c) of the Principal Rules, after "on" insert "or entering".

7Complying with overhead lane control devices

After rule 152(4) of the Principal Rules insert—

"(5)Nothing in subrule (2) or (3) prevents the driver from contravening rule 20.

(6)If an overhead lane control device applying to a marked lane displays—

(a)an illuminated red diagonal cross or is a traffic sign displaying a red diagonal cross; or

(b)a flashing illuminated red diagonal cross—

the speed-limit that applies to the length of the marked lane that is closed is the speed‑limit of the adjacent marked lane that is open.".

8Stopping on a clearway

In rule 176(1) of the Principal Rules, for "subrule (1) or (2)" substitute "subrule (2) or (3)".

9Parking where fees are payable

(1)In rule 207(1) of the Principal Rules omit "by buying a ticket or putting money into a parking meter".

(2)In rule 207(2)(b) of the Principal Rules omit ", meter, ticket or ticket-vending machine".

10Towing a vehicle at night or in hazardous weather conditions

(1)In rule 216(3) of the Principal Rules, in the definition of dangerous goods—

(a)before "meaning" insert "same";

(b)for "Dangerous Goods (Transport by Road or Rail) Regulations 2008²" substitute "Dangerous Goods (Transport by Road or Rail) Regulations 2018[2]".

(2)In rule 216(3) of the Principal Rules, in the definition of placard load, for "regulation 84 of the Dangerous Goods (Transport by Road or Rail) Regulations 2008" substitute "regulation 83 of the Dangerous Goods (Transport by Road or Rail) Regulations 2018".

11Riding on a footpath or shared path

(1)In rule 250(1) of the Principal Rules, for "12" substitute "13".

(2)In rule 250(1A) of the Principal Rules, for "who is 12 years old or older may" substitute "who is 13 years old or older may".

(3)For rule 250(1A)(a) of the Principal Rules substitute—

"(a)the rider of the bicycle is 13 years old or older and is accompanying and supervising a child under 13 years old who is riding a bicycle on the footpath; or".

(4)After rule 250(1A)(a) of the Principal Rules insert—

"(ab)   the rider of the bicycle is 18 years old or older and the rider is carrying a child—

(i)in a bicycle baby seat which is attached to the rider's bicycle; or

(ii)on a single or two-wheeled bicycle attachment with pedals which is attached to the rider's bicycle; or".

(5)In rule 250(1A)(b) of the Principal Rules, for "12" substitute "13".

(6)In rule 250(1A)(c) of the Principal Rules—

(a)for "18" substitute "13";

(b)for "12" substitute "13".

12New rule 305A inserted

After rule 305 of the Principal Rules insert—

"305A   Exemption for drivers of vehicles being used for police driver training

(1)A provision of these Rules does not apply to the driver of a vehicle being used for police driver training if—

(a)in the circumstances—

(i)the driver is taking reasonable care; and

(ii)it is reasonable that the provision should not apply; and

(b)if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.

Note

Motor vehicle is defined in the Road Safety Act 1986.

(2)Subrule (1)(b) does not apply to the driver if, in the circumstances, it is reasonable—

(a)not to display the light or sound the alarm; or

(b)for the vehicle not to be fitted or equipped with a blue or red flashing light or an alarm.

(3)In this rule—

police driver training means training or assessment approved by the Chief Commissioner of Police that is provided to a police officer by Victoria Police, or a contractor on behalf of Victoria Police, for the purposes of teaching the police officer how to drive a vehicle in the performance of the officer's duties as a police officer.

Note

Police officer is defined in the dictionary. Chief Commissioner of Police is defined in the Road Safety Act 1986. Victoria Police has the same meaning as in the Victoria Police Act 2013.".

13Dictionary

In the dictionary to the Principal Rules—

(a)in paragraph (b) of the definition of authorised person, for "Department of Economic Development, Jobs, Transport and Resources" (where twice occurring) substitute "Department of Transport";

(b)in the definition of enforcement vehicle, for "Department of Economic Development, Jobs, Transport and Resources" substitute "Department of Transport".

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Endnotes

[1] Rule 3: S.R. No. 41/2017 as amended by S.R. Nos 6/2018, 87/2018 and 88/2018.

[2] Rule 10(1): S.R. No. 155/2018.