Road Safety Road Rules Further Amendment Rules 2009 (Vic)

Road Safety Road Rules Further Amendment Rules 2009

S.R. No. 137/2009

TABLE OF PROVISIONS

Rule  Page

1Objectives

2Authorising provision

3Principal Rules

4Speed-limit where a speed-limit sign applies

5Speed-limit elsewhere

6Clearance and low clearance signs

7Load limit signs

8Keeping a minimum distance between long vehicles

9Using lights when driving at night or in hazardous weather conditions

10Using fog lights

11Using lights on vehicles that are stopped

12Using warning lights on buses carrying children

13Crossing a road on or near a crossing for pedestrians

14Riding on motor bikes and motor cycles

15Insecure or overhanging load

16Use of mobile phones

17Exemption for oversize vehicles

18When do traffic control devices comply substantially with
these Rules

19Dictionary

20Reader's Guide

═══════════════

ENDNOTES

STATUTORY RULES 2009

S.R. No. 137/2009

Road Safety Act 1986

Road Safety Road Rules Further Amendment Rules 2009

The Governor in Council makes the following Regulations:

Dated: 4 November 2009

Responsible Minister:

TIM PALLAS
Minister for Roads and Ports

TOBY HALLIGAN

Clerk of the Executive Council

1Objectives

The objectives of these Rules are to amend the Road Safety Road Rules 2009—

(a)to authorise certain uses of a mobile phone by P2 probationary drivers and full licence holders; and

(b)to substitute references to the Road Safety (Vehicles) Regulations 1999 with their replacement, the Road Safety (Vehicles) Regulations 2009; and

(c)to substitute a reference to the Road Safety (General) Regulations 1999 with their replacement, the Road Safety (General) Regulations 2009; and

(d)to make other minor amendments following the making of the Road Safety (Traffic Management) Regulations 2009.

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 2009[1] are called the Principal Rules.

4Speed-limit where a speed-limit sign applies

In note 2 to rule 21(2) of the Principal Rules for "Road Safety (Vehicles) Regulations 1999" substitute "Road Safety (Vehicles) Regulations 2009".

5Speed-limit elsewhere

In the note to rule 25(3) of the Principal Rules for "Road Safety (Vehicles) Regulations 1999" substitute "Road Safety (Vehicles) Regulations 2009".

6Clearance and low clearance signs

In the note to rule 102 of the Principal Rules for "Regulation 809 of the Road Safety (Vehicles) Regulations 1999" substitute "regulation 253 of the Road Safety (Vehicles) Regulations 2009".

7Load limit signs

In the note to rule 103 of the Principal Rules for "Regulation 808 of the Road Safety (Vehicles) Regulations 1999" substitute "regulation 252 of the Road Safety (Vehicles) Regulations 2009".

8Keeping a minimum distance between long vehicles

In rule 127(2) of the Principal Rules for "Road Safety (Vehicles) Regulations 1999" (wherever occurring) substitute "Road Safety (Vehicles) Regulations 2009".

9Using lights when driving at night or in hazardous weather conditions

In rule 215(4) of the Principal Rules for "Road Safety (Vehicles) Regulations 1999" substitute "Road Safety (Vehicles) Regulations 2009".

10Using fog lights

In rule 217(2) of the Principal Rules for "Schedule 8 to the Road Safety (Vehicles) Regulations 1999" (wherever occurring) substitute "Schedule 2 to the Road Safety (Vehicles) Regulations 2009".

11Using lights on vehicles that are stopped

In rule 220(3) of the Principal Rules for "Road Safety (Vehicles) Regulations 1999" substitute "Road Safety (Vehicles) Regulations 2009".

12Using warning lights on buses carrying children

In rule 222(1) of the Principal Rules for "Division 18 of Part 8 of Schedule 8 of the Road Safety (Vehicles) Regulations 1999" substitute "Division 18 of Part 8 of Schedule 2 to the Road Safety (Vehicles) Regulations 2009".

13Crossing a road on or near a crossing for pedestrians

(1)In rule 234(3)(b) of the Principal Rules for "crossing." substitute "crossing; or".

(2)In rule 234(3) of the Principal Rules after paragraph (b) insert—

"(c)permitted to do so under regulation 13 of the Road Safety (Traffic Management) Regulations 2009.".

14Riding on motor bikes and motor cycles

In rule 271(5B) of the Principal Rules for "motorbike" substitute "motor bike".

15Insecure or overhanging load

In the note to rule 292 of the Principal Rules for "regulation 802 of the Road Safety (Vehicles) Regulations 1999" substitute "regulation 248 of the Road Safety (Vehicles) Regulations 2009".

16Use of mobile phones

(1)For rule 300(1) of the Principal Rules substitute—

"(1)The driver of a vehicle who is not a learner driver or the holder of a P1 probationary driver licence must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless—

(a)the phone is being used—

(i)to make or receive a phone call (other than a text message, video message, email or similar communication); or

(ii)to perform an audio playing function—

and the body of the phone—

(iii)is secured in a mounting affixed to the vehicle while being so used; or

(iv)is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or to otherwise manipulate any part of the body of the phone; or

(b)the phone is being used to perform a navigational or intelligent highway and vehicle system function in a vehicle that is not a motor bike and the body of the phone is secured in a mounting affixed to the vehicle while being used; or

(c)the phone is being used to perform a navigational or intelligent highway vehicle system function on a motor bike; or

(d)the vehicle is an emergency vehicle or a police vehicle.

Penalty:10 penalty units.

Note

Emergency vehicle, motor bike, park and police vehicle are defined in the dictionary.  Learner driver and P1 probationary driver licence are defined in the Road Safety (Drivers) Regulations 2009.".

(2)For rule 300(1A) of the Principal Rules substitute—

"(1A)Despite anything to the contrary in rule 299(2), the driver of a vehicle who is a learner driver or the holder of a P1 probationary driver licence must not use a mobile phone, including using the phone to perform a navigational or intelligent highway and vehicle system function or an audio playing function, while the vehicle is moving, or is stationary but not parked.

Penalty:10 penalty units.".

17Exemption for oversize vehicles

In rule 311(1)(c) of the Principal Rules for "regulation 105 of the Road Safety (Vehicles) Regulations 1999" substitute "regulation 5 of the Road Safety (Vehicles) Regulations 2009".

18When do traffic control devices comply substantially with these Rules

After rule 316(3) of the Principal Rules insert—

"(3A)A traffic sign for the control of stopping or parking of vehicles may comply with these Rules even if it does not conform with any standard prescribed by regulation 18 of the Road Safety (Traffic Management) Regulations 2009.".

19Dictionary

In the definitions of hazard warning lights, mechanical signalling device and oversize vehicle in the Dictionary to the Principal Rules, for "Road Safety (Vehicles) Regulations 1999" substitute "Road Safety (Vehicles) Regulations 2009".

20Reader's Guide

In the Reader's Guide to the Principal Rules for the section headed "Traffic infringements" substitute—

"Parking and traffic infringements

Parking infringement notices and traffic infringement notices may be issued instead of court fines for some offences. These are listed in Schedules 6 and 7 to the Road Safety (General) Regulations 2009.".

═══════════════

ENDNOTES

[1] Rule 3: S.R. No. 94/2009 as amended by the S.R. No. 116/2009.