Road Safety Road Rules Amendment Rules 2020 (Vic)
Road Safety Road Rules Amendment Rules 2020
S.R. No. 121/2020
table of provisions
Rule Page
Part 1—Preliminary
1Objective
2Authorising provision
3Commencement
4Principal Rules
Part 2—Amendments to the Road Safety Road Rules 2017
5Division does not apply to entering or leaving a roundabout or lane filtering
6Giving way when entering a road from a road related area or adjacent land
7Stopping at or near bicycle crossing lights (except at an intersection)
8Making a motor vehicle secure
9Rule 264 substituted
10Riding on motor bikes and motor cycles
11Driving on a path
12Television receivers and visual display units in motor vehicles
13Use of mobile phones
14Direction by a police officer or authorised person
15Accompanying licensed drivers and excessive speed
16Dictionary
Part 3—Further amendments to the Road Safety Road Rules 2017
17Starting a left turn from a multi-lane road
18Starting a right turn from a multi-lane road
19New rule 38 substituted
20New rules 43 and 43A inserted
21New rule 77A inserted
22Bus lanes
23New rule 154A inserted
24Stopping in a permit zone
25Stopping in a bus lane, tram lane, tramway, transit lane, truck lane or on tram tracks
26New rules 203B and 203C inserted
27Schedule 2—Standard or commonly used traffic signs
28Dictionary
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Endnotes
statutory rules 2020
S.R. No. 121/2020
Road Safety Act 1986
Road Safety Road Rules Amendment Rules 2020
The Governor in Council makes the following Rules:
Dated: 4 November 2020
Responsible Minister:
BEN CARROLL
Minister for Roads and Road SafetyClaire chisholm
Clerk of the Executive Council
Part 1—Preliminary
1Objective
The objective of these Rules is to amend the Road Safety Road Rules 2017 to—
(a)incorporate miscellaneous amendments made to the Australian Road Rules; and
(b)provide for a permit issuing person or body to determine the method to display a parking permit; and
(c)exempt breakdown vehicles from the requirement to keep a motor vehicle secure and to switch off the engine; and
(d)exempt sheriff's vehicles from the prohibition on driving a motor vehicle while operating a visual display unit; and
(e)make other minor amendments.
2Authorising provision
These Rules are made under section 95D of the Road Safety Act 1986.
3Commencement
(1)These Rules, except Part 3, come into operation on the day on which they are made.
(2)Part 3 comes into operation on 1 December 2020.
4Principal Rules
In these Rules, the Road Safety Road Rules 2017[1] are called the Principal Rules.
Part 2—Amendments to the Road Safety Road Rules 2017
5Division does not apply to entering or leaving a roundabout or lane filtering
(1)In the heading to rule 44 of the Principal Rules, after "lane filtering" insert "or repositioning".
(2)In rule 44(b) of the Principal Rules, for "rule 151B." substitute "rule 151B; or".
(3)After rule 44(b) of the Principal Rules insert—
"(c)the rider of a motor bike while repositioning the motor bike within the same lane in order to avoid a hazard or reduce the risk of a crash.".
6Giving way when entering a road from a road related area or adjacent land
(1)After rule 74(2)(a) of the Principal Rules insert—
"(aa)a driver making a U-turn on the road; and".
(2)In note 1 at the foot of rule 74(2) of the Principal Rules, for "and traffic lights" substitute ", traffic lights and U-turn".
7Stopping at or near bicycle crossing lights (except at an intersection)
(1)For the heading to rule 174 of the Principal Rules substitute—
"Stopping on or near a bicycle crossing (except at an intersection)".
(2)Rule 174(1) of the Principal Rules is revoked.
(3)For rule 174(2) of the Principal Rules substitute—
"(2)A driver must not stop on a bicycle crossing or within 10 metres before the traffic lights nearest to the driver at the bicycle crossing, and 3 metres after the traffic lights, unless the driver stops at a place on a length of road, or in an area, to which a parking control sign applies and the driver is permitted to stop at that place under these Rules.
Penalty:3 penalty units.
Note
A driver stops within a particular distance from traffic lights if the driver stops so any part of the driver's vehicle is within that distance—see rule 350(2).".
(4)For rule 174(4) of the Principal Rules substitute—
"(4)In this rule—
bicycle crossing means an area of road—
(a)with bicycle crossing lights facing bicycle riders crossing the road; and
(b)with traffic lights facing traffic travelling on the road; and
(c)that is not at an intersection;
road does not include a road related area, but includes any shoulder of the road.
Note
Intersection, parking control sign and traffic lights are defined in the dictionary, road related area is defined in rule 13 and shoulder is defined in rule 12.
Example
Measurement of distance—bicycle crossing lights
".
8Making a motor vehicle secure
(1)For rule 213(7)(d) of the Principal Rules substitute—
"(d)the driver of a breakdown vehicle; or
(e)the driver of a vehicle acting in accordance with an exemption from the application of those subrules granted by the Secretary under subrule (8).".
(2)The note to rule 213(7) of the Principal Rules is revoked.
(3)After rule 213(8) of the Principal Rules insert—
"(9)In this rule—
breakdown vehicle means a vehicle driven by a person who attends disabled vehicles as part of the person's employment for the purpose of repairing the disabled vehicle;
cash-in-transit vehicle means a vehicle collecting, transferring or delivering cash or other valuables which is being driven by a person who is a security guard licensed under the Private Security Act 2004 to perform cash‑in‑transit activities.".
9Rule 264 substituted
For rule 264 of the Principal Rules substitute—
"264 Wearing of seatbelts by drivers
The driver of a motor vehicle that is moving, or is stationary but not parked, must—
(a)occupy a driver's seating position that is fitted with an approved seatbelt; and
(b)wear the seatbelt, unless the driver is reversing the vehicle or exempt from wearing a seatbelt under rule 267, 267A, 267B or 267C; and
(c)not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seatbelt under rule 267, 267A, 267B or 267C).
Penalty:10 penalty units.
Note
Driver is defined in rule 16. Motor vehicle is defined in the Road Safety Act 1986. Approved seatbelt and park are defined in the dictionary.".
10Riding on motor bikes and motor cycles
(1)In rule 271(1A)(b)(iii) of the Principal Rules, for "so." substitute "so; or".
(2)After rule 271(1A)(b) of the Principal Rules insert—
"(c)remove both feet from the footrests or footboard designed for the rider's use if the motor bike is moving at less than 10 kilometres per hour and—
(i)the rider is manoeuvring the motor bike in order to park the motor bike; or
(ii)the motor bike is decelerating to come to a stop; or
(iii)the motor bike is accelerating from being stopped.".
11Driving on a path
For rule 288(3)(c) of the Principal Rules substitute—
"(c)the driver has a reasonable need to use a wheelchair—
(i)because of the driver's physical condition; or
(ii)for the purpose of training under the instruction or supervision of a registered health practitioner.".
12Television receivers and visual display units in motor vehicles
(1)In rule 299(2)(ba) of the Principal Rules—
(a)for "a mobile data terminal fitted to" substitute "in or on";
(b)for "or an enforcement vehicle" substitute ", enforcement vehicle or a sheriff's vehicle".
(2)In the note at the foot of rule 299(2)(ba) of the Principal Rules, for "and enforcement vehicle" substitute ", enforcement vehicle and sheriff's vehicle".
(3)In rule 299(2)(bb) of the Principal Rules omit "or (c)".
13Use of mobile phones
In rule 300(1A)(b) of the Principal Rules, after "probationary driver licence" insert "or a driver licence issued on a probationary basis in another jurisdiction".
14Direction by a police officer or authorised person
In the penalty at the foot of rule 304(1) of the Principal Rules, before "In the case of a bicycle, 5 penalty units;" insert "In the case of a pedestrian, 5 penalty units;".
15Accompanying licensed drivers and excessive speed
(1)In the heading to rule 406 of the Principal Rules, for "Accompanying licensed drivers" substitute "Supervising drivers".
(2)For rule 406(1)(b) of the Principal Rules substitute—
"(b)supervising driver has the same meaning as in the Road Safety Act 1986.".
(3)In rule 406(2) of the Principal Rules, for "An accompanying licensed driver" substitute "A supervising driver".
16Dictionary
In the dictionary to the Principal Rules—
(a)insert the following definition—
"registered health practitioner means an individual registered under the Health Practitioner Regulation National Law to practise in a health profession (other than as a student);";
(b)for paragraph (c)(i) of the definition of emergency vehicle substitute—
"(i)Fire Rescue Victoria established by section 6 of the Fire Rescue Victoria Act 1958; or";
(c)in the definition of Council, for "Local Government Act 1989" substitute "Local Government Act 2020";
(d)in the definition of municipal district, for "Local Government Act 1989" substitute "Local Government Act 2020";
(e)in the definition of sheriff's vehicle omit "for the purpose of transporting a person in the custody of that officer".
Part 3—Further amendments to the Road Safety Road Rules 2017
17Starting a left turn from a multi-lane road
(1)In rule 28(1)(c) of the Principal Rules, for "driver." substitute "driver; or".
(2)After rule 28(1)(c) of the Principal Rules insert—
"(d)the lane is a bus only lane.".
(3)In note 1 at the foot of rule 28(1) of the Principal Rules, after "subrule (3)." insert "Bus only lane is defined in rule 154A.".
18Starting a right turn from a multi-lane road
(1)In rule 32(1)(c) of the Principal Rules, for "driver." substitute "driver; or".
(2)After rule 32(1)(c) of the Principal Rules insert—
"(d)the lane is a bus only lane.".
(3)In note 1 at the foot of rule 32(1) of the Principal Rules, after "subrule (3)." insert "Bus only lane is defined in rule 154A.".
19New rule 38 substituted
For rule 38 of the Principal Rules substitute—
"38 Giving way when making a U-turn
(1)A driver making a U-turn must give way to all vehicles and pedestrians.
Penalty:5 penalty units.
Note
For this rule, give way means the driver must slow down and, if necessary, stop to avoid a collision—see the definition in the dictionary.
(2)Despite subrule (1), a driver making a U-turn does not have to give way to a driver entering the road from a road related area or adjacent land.
Notes
1 Adjacent land is defined in the dictionary and road related area is defined in rule 13.
2 For the case of a driver entering a road from a road related area or adjacent land, see rule 74.
(3)In this rule—
road does not include a road related area.
Note
A road related area includes any shoulder of a road—see rule 13.".
20New rules 43 and 43A inserted
After rule 42 of the Principal Rules insert—
"43 Making a U-turn at certain crossings
A driver must not make a U-turn at any of the following crossings, with or without traffic lights, unless there is a U-turn permitted sign at the crossing—
(a)children's crossing;
(b)level crossing;
(c)pedestrian crossing.
Penalty:In the case of a bicycle, 3 penalty units;
In the case of any other vehicle, 5 penalty units.
Note
Children's crossing is defined in rule 80, level crossing is defined in rule 120, pedestrian crossing is defined in rule 81 and traffic lights are defined in the dictionary.
43AMaking a U-turn on a road related area with traffic lights
A driver must not make a U-turn at a place with traffic lights where a road and road related area intersect if there is a no U-turn sign at the place.
Penalty:In the case of a bicycle, 3 penalty units;
In the case of any other vehicle, 5 penalty units.
Notes
1 Road includes a road related area—see rule 11(2).
2 Traffic lights is defined in the dictionary and road related area is defined in rule 13.".
21New rule 77A inserted
After rule 77 of the Principal Rules insert—
"77A Interfering with or interrupting funeral procession
A driver must not interfere with, or interrupt, the free passage along any length of road of—
(a)any funeral procession; or
(b)any vehicle or person apparently forming part of the procession.
Penalty:2 penalty units.".
22Bus lanes
In the definition of bus lane road marking in rule 154(3) of the Principal Rules—
(a)in paragraph (b), for '"bus lane"; or' substitute '"bus lane".';
(b)paragraph (c) is revoked.
23New rule 154A inserted
After rule 154 of the Principal Rules insert—
"154A Bus only lanes
(1)A driver (except the driver of a public bus) must not drive in a bus only lane, unless the driver is permitted to drive in the bus only lane under subrule (2).
Penalty:3 penalty units.
Note
Public bus is defined in the dictionary and bus only lane is defined in subrule (6).
(2)A driver may drive in a bus only lane if—
(a)it is necessary for the driver to drive in the bus only lane to avoid an obstruction; and
(b)the driver does not obstruct the path of a public bus travelling in the bus only lane; and
(c)where the driver is approaching the bus only lane from the same direction as a vehicle in a bus only lane—the driver approaches the bus only lane from the lane nearest to the bus only lane; and
(d)the driver gives way to any vehicles driving in the bus only lane.
(3)A driver must not drive across a bus only lane, unless the driver is permitted to drive across the bus only lane under subrule (4).
Penalty:3 penalty units.
(4)A driver may drive across a bus only lane only if—
(a)the driver is driving across the bus only lane to—
(i)enter or leave a road; or
(ii)enter a part of the road of one kind from a part of the road of another kind (for example, moving to or from a service road, the shoulder of the road or an emergency stopping lane); and
(b)where the driver is approaching the bus only lane from the same direction as a vehicle in a bus only lane—the driver approaches the bus only lane from the lane nearest to the bus only lane; and
(c)the driver gives way to any vehicles driving in the bus only lane.
(5)A driver turning at an intersection immediately after a bus only lane must—
(a)if the driver is approaching the bus only lane from the same direction as a vehicle in a bus only lane—approach the bus only lane from the lane nearest to the bus only lane; and
(b)give way to any vehicles driving in the bus only lane.
Penalty:3 penalty units.
(6)A bus only lane is a marked lane or the part of a marked lane—
(a)beginning at a bus only lane sign (whether or not there is also a bus only lane road marking) and ending at the nearest of the following—
(i)an end bus only lane sign;
(ii)a traffic sign that indicates the beginning of a special purpose lane;
(iii)a traffic sign that indicates drivers of vehicles may drive in the lane beyond the sign;
(iv)an intersection with traffic lights or traffic arrows; or
(b)beginning at a bus only lane road marking (if there is no bus only lane sign) and ending at the next intersection; or
(c)that is marked with a continuous line starting at the beginning of a bus only lane road marking and ending at an end bus only lane road marking.
Note
Bus only lane road marking, end bus only lane road marking, marked lane, road marking, special purpose lane and traffic sign are defined in the dictionary.
Bus only lane sign
End bus only lane sign
".
24Stopping in a permit zone
(1)In rule 185(1) of the Principal Rules, for "A driver" substitute "Subject to subrule (3), a driver".
(2)After rule 185(2) of the Principal Rules insert—
"(3)A driver may stop in a permit zone without displaying a current permit in the driver's vehicle if the permit is otherwise held by the driver in a manner determined to be appropriate by the person or body responsible for the care and management of the permit zone that permits the vehicle to stop in the zone.
Example
An electronic permit issued to a driver of a vehicle that may be stopped in a permit zone would not have to be displayed in the driver's vehicle.".
25Stopping in a bus lane, tram lane, tramway, transit lane, truck lane or on tram tracks
(1)In the heading to rule 187 of the Principal Rules, after "bus lane," insert "bus only lane,".
(2)After rule 187(2) of the Principal Rules insert—
"(3)A driver must not stop in a bus only lane unless the driver is driving a public bus and is dropping off, or picking up, passengers.
Penalty:2 penalty units.".
(3)In note 1 to rule 187 of the Principal Rules, after "rule 154," insert "bus only lane is defined in rule 154A,".
26New rules 203B and 203C inserted
After rule 203A of the Principal Rules insert—
"203B Stopping in a parking area for electric-powered vehicles
(1)A driver of a vehicle that is not an electric-powered vehicle must not stop in a parking area for electric-powered vehicles.
Penalty:2 penalty units.
(2)A parking area for electric-powered vehicles is a length or area of a road—
(a)to which a permissive parking sign displaying an electric-powered vehicle symbol applies; or
(b)to which an electric-powered vehicle parking sign applies; or
(c)indicated by a road marking that consists of, or includes, an electric-powered vehicle symbol.
Note
Road marking is defined in the dictionary.
(3)An electric-powered vehicle means a vehicle that—
(a)is powered by one or more electric motors or traction motors, regardless of whether the vehicle is also powered by another form of propulsion; and
(b)can be recharged from an external source of electricity.
Electric-powered vehicle symbol
203CStopping in a parking area for the charging of electric-powered vehicles
(1)A driver must not stop in a parking area for the charging of electric-powered vehicles unless—
(a)the driver's vehicle is an electric-powered vehicle; and
(b)the electric-powered vehicle is plugged in to an external source of electricity.
Penalty:2 penalty units.
Note
Electric-powered vehicle is defined in rule 203B.
(2)A parking area for the charging of an electric-powered vehicle is a length or area of a road—
(a)to which a permissive parking sign displaying an electric-powered vehicle charging symbol applies; or
(b)to which an electric-powered vehicle charging parking sign applies; or
(c)indicated by a road marking that consists of, or includes, an electric-powered vehicle charging symbol.
Note
Road marking is defined in the dictionary.
Electric-powered vehicle charging symbol
".
27Schedule 2—Standard or commonly used traffic signs
At the end of Schedule 2 to the Principal Rules insert—
"
| Bus only lane sign (rule 154A) | End bus only lane sign (rule 154A) |
| Electric-powered vehicle symbol (rule 203B) | Electric-powered vehicle charging symbol (rule 203C) |
".
28Dictionary
In the dictionary to the Principal Rules insert the following definitions—
'bus only lane road marking means a road marking consisting of the words "bus only";
Note
Road marking is defined in this dictionary.
end bus only lane road marking means a road marking consisting of the words "end bus only";
Note
Road marking is defined in this dictionary.'.
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Endnotes
[1] Rule 4: S.R. No. 41/2017 as amended by S.R. Nos 6/2018, 87/2018, 88/2018, 96/2019, 121/2019 and 153/2019.
——
Penalty Units
These Rules provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2020 is $165.22.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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