Road Safety Road Rules Further Amendment Rules 2021 (Vic)

Road Safety Road Rules Further Amendment Rules 2021

S.R. No. 111/2021

TABLE OF PROVISIONS

Rule  Page

1Objective

2Authorising provision

3Commencement

4Principal Rules

5Approaching and passing stationary or slow-moving police vehicles, emergency vehicles, enforcement vehicles and escort vehicles

6Keeping a safe distance behind vehicles

7Parking for longer than indicated

8Parking where fees are payable

9Making a motor vehicle secure

10Using hazard warning lights

11Using warning lights on buses carrying children

12Wearing of helmets and other requirements for users of scooters

13Wearing of bicycle helmets by persons travelling on electric personal transporters

14Bicycle helmets

15Riding with a person on a bicycle trailer

16Horse riding helmets to be worn by riders under 18

17Dictionary

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Endnotes

STATUTORY RULES 2021

S.R. No. 111/2021

Road Safety Act 1986

Road Safety Road Rules Further Amendment Rules 2021

The Governor in Council makes the following Rules:

Dated: 31 August 2021

Responsible Minister:

BEN CARROLL
Minister for Roads and Road Safety

ALEXANDRA DEBELJAKOVIC

Clerk of the Executive Council

1Objective

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

(a)include an incident response service vehicle as a type of stationary or slow-moving vehicle that drivers must approach and pass in a certain manner if the incident response service vehicle is displaying flashing blue, red, magenta or yellow lights or sounding an alarm; and

(b)exempt a driver of a vehicle being used for the operation of a detection device from the requirements of a permissive parking sign; and

(c)provide that all refrigerated transport vehicles are exempt from the requirement to make motor vehicles secure; and

(d)permit a registered medical practitioner to issue a certificate that exempts a person from the requirement to wear a bicycle helmet or riding helmet; and

(e)make minor and technical amendments.

2Authorising provision

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

3Commencement

(1)These Rules (except rules 5, 12, 13, 14, 15 and 16) come into operation on the day on which they are made.

(2)Rules 12, 13, 14, 15 and 16 come into operation on 6 September 2021.

(3)Rule 5 comes into operation on 23 September 2021.

4Principal Rules

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

5Approaching and passing stationary or slow-moving police vehicles, emergency vehicles, enforcement vehicles and escort vehicles

(1)In the heading to rule 79A of the Principal Rules, for "and escort vehicles" substitute ", escort vehicles and incident response service vehicles".

(2)In rule 79A(1) of the Principal Rules, for "or escort vehicle that is displaying a flashing blue, red or magenta light" substitute ", escort vehicle or incident response service vehicle that is displaying a flashing blue, red, magenta or yellow light".

(3)In rule 79A(2) of the Principal Rules—

(a)for "or escort vehicle that is displaying a flashing blue, red or magenta light" substitute ", escort vehicle or incident response service vehicle that is displaying a flashing blue, red, magenta or yellow light";

(b)for "or escort vehicle worker" substitute ", escort vehicle worker or incident response service vehicle worker".

(4)In rule 79A(3) of the Principal Rules, for "or escort vehicle that is displaying a flashing blue, red or magenta light" substitute ", escort vehicle or incident response service vehicle that is displaying a flashing blue, red, magenta or yellow light".

(5)In rule 79A(4) of the Principal Rules—

(a)for "or escort vehicle that is displaying a flashing blue, red or magenta light" substitute ", escort vehicle or incident response service vehicle that is displaying a flashing blue, red, magenta or yellow light";

(b)for "danger to the" substitute "danger to";

(c)for "or escort vehicles workers" substitute ", escort vehicle workers or incident response service vehicle workers".

(6)In rule 79A(5) of the Principal Rules, for "or escort vehicle" substitute ", escort vehicle or incident response service vehicle".

(7)After rule 79A(6) of the Principal Rules insert—

"(7)For the purposes of this rule—

incident response service vehicle means a vehicle that is operated for the purposes of responding to incidents by or on behalf of the Head, Transport for Victoria in relation to a freeway or arterial road for which the Head, Transport for Victoria is the responsible road authority;

incident response service vehicle worker means the driver of, or passenger in, a vehicle that is operated for the purposes of responding to incidents by or on behalf of the Head, Transport for Victoria in relation to a freeway or arterial road for which the Head, Transport for Victoria is the responsible road authority.".

6Keeping a safe distance behind vehicles

In the note at the foot of rule 126 of the Principal Rules, for "Road Safety Act 1986" substitute "dictionary".

7Parking for longer than indicated

After rule 205(2) of the Principal Rules insert—

"(3)Subrule (1) does not apply if the driver is using a vehicle for the purpose of the operation of a detection device prescribed for the purposes of section 66 of the Road Safety Act 1986.".

8Parking where fees are payable

After rule 207(2) of the Principal Rules insert—

"(3)Subrule (2) does not apply if the driver is using a vehicle for the purpose of the operation of a detection device prescribed for the purposes of section 66 of the Road Safety Act 1986.".

9Making a motor vehicle secure

In rule 213(7)(c) of the Principal Rules omit "food".

10Using hazard warning lights

In rule 221(f) of the Principal Rules, for "regulation 7 of the Bus Safety Regulations 2010" substitute "regulation 8 of the Bus Safety Regulations 2020".

11Using warning lights on buses carrying children

In the note at the foot of rule 222 of the Principal Rules, for "regulation 7(3) of the Bus Safety Regulations 2010" substitute "regulation 8 of the Bus Safety Regulations 2020".

12Wearing of helmets and other requirements for users of scooters

(1)In rule 244B(1)(a) of the Principal Rules, for "the Secretary" substitute "a registered medical practitioner".

(2)For rule 244B(2) of the Principal Rules substitute—

"(2)A registered medical practitioner may issue a certificate stating that, because of a disability or medical condition, it is impracticable, undesirable or inexpedient that the person named in the certificate wear a bicycle helmet while travelling on a scooter.".

13Wearing of bicycle helmets by persons travelling on electric personal transporters

(1)In rule 244P(1)(a) of the Principal Rules, for "the Secretary" substitute "a registered medical practitioner".

(2)For rule 244P(2) of the Principal Rules substitute—

"(2)A registered medical practitioner may issue a certificate stating that, because of a disability or medical condition, it is impracticable, undesirable or inexpedient that the person named in the certificate wear a bicycle helmet while travelling on an electric personal transporter.".

14Bicycle helmets

(1)In rule 256(1)(a) and (2)(b) of the Principal Rules, for "the Secretary" substitute "a registered medical practitioner".

(2)For rule 256(4) of the Principal Rules substitute—

"(4)A registered medical practitioner may issue a certificate stating that, because of a disability or medical condition, it is impracticable, undesirable or inexpedient that the person named in the certificate wear a bicycle helmet while riding on, or being taken as a passenger on, a bicycle.".

(3)In rule 256(5) of the Principal Rules—

(a)for "The Secretary" substitute "A registered medical practitioner";

(b)for "it issues" substitute "issued".

15Riding with a person on a bicycle trailer

(1)In rule 257(1)(d)(i) of the Principal Rules, for "the Secretary" substitute "a registered medical practitioner".

(2)For rule 257(3) of the Principal Rules substitute—

"(3)A registered medical practitioner may issue a certificate stating that, because of a disability or medical condition, it is impracticable, undesirable or inexpedient that the person named in the certificate wear a bicycle helmet while in or on a bicycle trailer.".

16Horse riding helmets to be worn by riders under 18

(1)In rule 303A(1)(a) of the Principal Rules, for "the Secretary" substitute "a registered medical practitioner".

(2)For rule 303A(2) of the Principal Rules substitute—

"(2)A registered medical practitioner may issue a certificate stating that, because of a disability or medical condition, it is impracticable, undesirable or inexpedient that the person named in the certificate wear a riding helmet while riding or being carried by a horse.".

17Dictionary

(1)In the dictionary to the Principal Rules insert the following definition—

"large vehicle means—

(a)a bus; or

(b)a motor vehicle (other than a bus) that is being used as a single unit and has a GVM greater than 15 tonnes; or

(c)a motor vehicle (other than a bus) that is being used in combination with one or more trailers and has a GCM greater than 15 tonnes;".

(2)In paragraph (b) of the definition of public bus in the dictionary to the Principal Rules, for "Bus Safety Regulations 2010" substitute "Bus Safety Regulations 2020".

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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, 153/2019, 121/2020 and 35/2021.

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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 2021 is $181.74.

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.