Road Safety (Traffic Management) and (General) Amendment (Stock Crossings) Regulations 2015 (Vic)

Road Safety (Traffic Management) and (General) Amendment (Stock Crossings) Regulations 2015

S.R. No. 85/2015

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

Part 2—Road Safety (Traffic Management) Regulations 2009

5Definitions

6Erection of traffic signs at stock crossings

7New regulation 17A inserted

8New regulation 24A inserted

Part 3—Road Safety (General) Regulations 2009

9Schedule 7 amended

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Endnotes

STATUTORY RULES 2015

S.R. No. 85/2015

Road Safety Act 1986

Road Safety (Traffic Management) and (General) Amendment (Stock Crossings) Regulations 2015

The Governor in Council makes the following Regulations:

Dated: 30 June 2015

Responsible Minister:

LUKE DONNELLAN
Minister for Roads and Road Safety

YVETTE CARISBROOKE

Clerk of the Executive Council

Part 1—Preliminary

1Objectives

The objectives of these Regulations are—

(a)to amend the Road Safety (Traffic Management) Regulations 2009—

(i)to amend the definition of animal under control; and

(ii)to change the terms used to describe different types of stock crossing sites; and

(iii)to clarify the powers that persons accompanying an animal under control at stock crossing sites have in relation to traffic control devices; and

(iv)to require persons referred to in regulation 17 to comply with the "Manual for Traffic Control at Stock Crossings"; and

(v)to enable VicRoads to issue permits to persons to move an animal across an arterial road; and

(vi)to enable a coordinating road authority to issue permits to persons to move an animal across a road which is neither a municipal road nor an arterial road; and

(b)to amend the Road Safety (General) Regulations 2009 to prescribe the offence of failing to comply with the "Manual for Traffic Control at Stock Crossings" as a traffic infringement under the Road Safety Act 1986.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 July 2015.

4Principal Regulations

In these Regulations, the Road Safety (Traffic Management) Regulations 2009[1] are called the Principal Regulations.

Part 2—Road Safety (Traffic Management) Regulations 2009

5Definitions

In regulation 4 of the Principal Regulations insert the following definition—

"municipal road has the same meaning as in the Road Management Act 2004;".

6Erection of traffic signs at stock crossings

(1)For the heading to regulation 17 of the Principal Regulations substitute—

"Erection of traffic control devices at stock crossings".

(2)For regulation 17(1) of the Principal Regulations substitute—

"(1)In this regulation—

animal under control means—

(a)an animal that is on a municipal road—

(i)in accordance with a permit issued by a Council; or

(ii)that is being moved within a municipal district in circumstances in which a permit is not required under a local law; or

(b)an animal that is being moved across an arterial road in accordance with a permit issued by VicRoads under regulation 24A; or

(c)an animal that is being moved across a road (which is neither a municipal road nor an arterial road) in accordance with a permit issued by the coordinating road authority for that road under regulation 24A;

high use stock crossing site means a place at which animals under control cross a road at least 52 times in any 12 month period;

low use stock crossing site means a place at which animals under control cross a road less than 52 times in any 12 month period.".

(3)For regulation 17(4) of the Principal Regulations substitute—

"(4)   Subject to regulation 17A, a person who accompanies an animal under control at a high use stock crossing site may, on a road or road related area—

(a)erect, display, place, conceal or remove a traffic control device similar to Diagram 1 or Diagram 2 set out at the foot of this regulation; and

(b)turn on or turn off a flashing yellow light or flashing twin yellow lights.".

(4)For regulation 17(5) of the Principal Regulations substitute—

"(5)Subject to regulation 17A, a person who accompanies an animal under control at a low use stock crossing site may, on a road or road related area—

(a)erect, display, place, conceal or remove a traffic control device similar to Diagram 2 or Diagram 3 set out at the foot of this regulation; and

(b)turn on or turn off a flashing yellow light or flashing twin yellow lights.".

(5)In regulations 17(6), (7) and (8) of the Principal Regulations, for "A person" substitute "Subject to regulation 17A, a person".

(6)Regulation 17(9) of the Principal Regulations is revoked.

7New regulation 17A inserted

After regulation 17 of the Principal Regulations insert—

'17A   Compliance with the Manual for Traffic Control at Stock Crossings

A person referred to in regulation 17(4), (5), (6), (7) or (8) must comply with the "Manual for Traffic Control at Stock Crossings", as published by VicRoads in June 2015 or as amended or republished from time to time.

Penalty:5 penalty units.'.

8New regulation 24A inserted

After regulation 24 of the Principal Regulations insert—

"24A   Stock crossing permits

(1)A person may apply to—

(a)VicRoads for a permit to move an animal across an arterial road; and

(b)a coordinating road authority for a permit to move an animal across a road which is neither a municipal road nor an arterial road.

(2)VicRoads may issue a permit to a person to move an animal across an arterial road.

(3)The coordinating road authority for a road which is neither a municipal road nor an arterial road may issue a permit to a person to move an animal across the road.

(4)A permit issued under subregulation (2) or (3) must be in writing and may be issued subject to any terms, conditions or limitations which VicRoads or the coordinating road authority (as the case may be) considers appropriate.".

Part 3—Road Safety (General) Regulations 2009

9Schedule 7 amended

After item 165G of the Table in Schedule 7 to the Road Safety (General) Regulations 2009[2] insert—

"166 7391 Fail to comply with the Manual for Traffic Control at Stock Crossings RS(TM)R 17A 1 penalty unit".

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Endnotes

[1] Reg. 4: S.R. No. 129/2009 as amended by S.R. Nos 66/2011 and 162/2012.

[2] Reg. 9: S.R. No. 115/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 84/2012. Subsequently amended by S.R. Nos 118/2013, 135/2013, 150/2013, 153/2013, 67/2014, 143/2014, 144/2014, 145/2014, 199/2014 and 9/2015.