Road Traffic Code Amendment Regulations 2009 (WA)

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!200900206GG!

WESTERN 4561
AUSTRALIAN
GOVERNMENT
ISSN 1448-949X PRINT POST APPROVED PP665002/00041
PERTH, FRIDAY, 13 NOVEMBER 2009 No. 206 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.45 PM

© STATE OF WESTERN AUSTRALIA

Road Traffic Act 1974

Road Traffic Code Amendment

Regulations 2009

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Road Traffic Code Amendment
Regulations 2009.

2.             Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.

3.             Regulations amended

These regulations amend the Road Traffic Code 2000.

4.             Regulation 3 amended

In regulation 3(1):

(a) delete the definitions of:
painted island
stop line
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(b) insert in alphabetical order:

alcohol ignition interlock device means a device in a
vehicle that is designed to prevent the vehicle from
being started or driven unless the device is supplied
with a breath sample that contains either no alcohol, or

less than a certain concentration of alcohol;

bicycle storage area means an area of road before an

intersection with traffic control signals —

(a) that has painted on it one or more bicycle symbols; and
(b) that is between 2 parallel stop lines, regardless of whether the lines are of equal length; and
(c)

that opens out from a bicycle lane or shoulder, but does not include either stop line;
bicycle hook turn storage area means an area between an intersection and a marked foot crossing, or if there is no marked foot crossing, a stop line, before the
intersection that has painted on it one or more bicycle symbols and one or more right traffic lane arrows, and includes any line that delineates the right side of the
area, and any line that delineates the left side of the
area that is not also a stop line or part of a marked foot

crossing but does not include a bicycle storage area;

“bus lane” road marking means a road marking

consisting of —

(a) the letters ‘BL’; or

(b) the words ‘bus lane’; or

(c) the words ‘bus only’;

painted island means an area of road —

(a)

entirely surrounded by a line or lines (whether broken or continuous); or

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(b)

surrounded partly by a line or lines (whether broken or continuous) and partly by a kerb on or next to the carriageway,

which may be further identified by stripes or chevrons
marked on the enclosed road surface, or by the
enclosed road surface being a contrasting colour, but

not including the road within a dividing line;

stop line means a continuous line —

(a)

that is marked across all or part of a carriageway; and

(b)

that is not part of a marked foot crossing, a keep clear marking or a bicycle hook turn storage area;

turn line means a road marking at an intersection,
consisting of either a broken or continuous line that is
designed to indicate how a turn is to be made at that

intersection;

(c) in the definition of bus lane after “or” insert:

the

(d) in the definition of bus lane delete paragraphs (a) and (b) and “and” after paragraph (b) and insert:
(a) beginning at a “bus lane” sign (whether or not there is also a “bus lane” road marking) and ending at the nearest of the following —

(i)      an “end bus lane” sign;

(ii)

a traffic sign that indicates the lane;

or

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(b) beginning at a “bus lane” road marking (if there is no “bus lane” sign) and ending at the next intersection;

5.             Regulation 8A inserted

After regulation 7 insert:

8A. Stopping as near as practicable to a place

A requirement in these regulations for a driver to stop as near as practicable to a place is not complied with if the driver stops behind a vehicle that has stopped at the place.

Example

If a driver stops behind a vehicle that has stopped at a stop sign or stop line in accordance with regulation 50, 51 or 101, the driver must, after the vehicle has proceeded, stop at the stop sign or stop line in accordance with the regulation.

6.             Regulation 20 amended

(1) In regulation 20 delete “A driver” and insert:
(1) A driver
(2) At the end of regulation 20 insert:
(2) Subregulation (1) also applies to a rider of a bicycle
who approaches and enters an intersection from a
bicycle storage area.

(3)

Despite subregulation (1), if there is space in a bicycle storage area for 2 riders of bicycles to be next to each

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other, the rider on the right may approach and enter the
intersection as near as practicable to the right side of
the other rider, but only if that other rider approaches
and enters the intersection in accordance with this
regulation.

7.             Regulation 21 amended

(1) After regulation 21(1) insert:
(2A) A driver turning left at an intersection from a
multi-lane road that has a slip lane shall approach and
enter the intersection from within the slip lane, unless
an obstruction prevents the driver from entering the
intersection from within that slip lane.
Points: 2 Modified Penalty: 2 PU
(2) Before regulation 21(3) insert:
(3A) If there is a bicycle storage area before an intersection
that extends across one or more marked lanes of a
multi-lane carriageway, a rider of a bicycle turning left
shall approach and enter the intersection from within
the part of the bicycle storage area that is directly in
front of the left marked lane, or of a bicycle lane or
shoulder that is on the left side of the carriageway.
Modified penalty: 2 PU
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8.             Regulation 22 amended

In regulation 22:

(a)

delete the passage that begins with “If a driver” and ends with “road marking.” and insert:

(1) Subject to subregulations (2) and (3), if a driver is
turning left at an intersection and there is a turn line
indicating how the turn is to be made from the lane the
driver is in, the driver shall make the turn as indicated
by the turn line.
(b) in the header to the example delete “road markings” and insert:

a turn line

(c) at the end of regulation 22 insert:
(2) Subregulation (1) does not apply to the driver of a
public bus at an intersection if the driver is turning, at
B lights or a traffic control signal, in accordance with
Part 17.
(3) A driver may turn left at an intersection in a manner
other than that indicated by a turn line if —

(a)

the driver’s vehicle or combination, together with any load or projection, is 7.5 m long, or longer; and

(b)

the rearmost part of the vehicle (or of the combination, if that is the case) displays a “do not overtake turning vehicle” sign; and

(c)

it is not practicable for the driver to turn left in the manner indicated by the turn line; and

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(d) the driver can safely turn left other than by the manner indicated by the turn line.

9.             Regulation 24 amended

(1) In regulation 24(3) delete “subregulation (2),” and insert:
subregulations (2) and (4),
(2) After regulation 24(3) insert:
(4) Subregulations (1) and (2) also apply to the rider of a
bicycle who approaches and enters an intersection from
a bicycle storage area.
(5) Despite subregulations (1), (2) and (3), if there is space
in a bicycle storage area for 2 riders of bicycles to be
next to each other, the rider on the left may approach
and enter the intersection as near as practicable to the
left side of the other rider, but only if that other rider
approaches and enters the intersection in accordance
with this regulation.

10.           Regulation 26 amended

(1) In regulation 26(1)(a) delete “33 or 70; or” and insert:
70 or 73; or
(2) After regulation 26(2) insert:
(3A) If there is a bicycle storage area before an intersection
that extends across one or more marked lanes of a
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multi-lane carriageway, a rider of a bicycle turning
right (but not making a hook turn) shall approach and
enter the intersection from within the part of the
bicycle storage area that is directly in front of the right
marked lane or of a bicycle lane that is on the right side

of the carriageway.

Modified penalty: 2 PU

11.           Regulation 27 amended

(1) In regulation 27(1):
(a) delete “markers, marks” (each occurrence) and insert:

turn lines

(b) in the header to the example, delete “road markings” and insert:

a turn line

(2) In regulation 27(2) delete “intersection.” and insert:

intersection and into the left side of the carriageway
that is being entered (unless that carriageway is a

one-way carriageway).

(3) After regulation 27(2) insert:

(3A)

Subregulations (1) and (2) do not apply to the driver of a public bus at an intersection if the driver is turning, at B lights or traffic arrows, in accordance with Part 17.

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(3B) A driver may turn right at an intersection in a manner
other than that indicated by a turn line if —
(a) the driver’s vehicle or combination, together with any load or projection, is 7.5 m long, or longer; and
(b) the rearmost part of the vehicle (or of the combination, if that is the case) displays a “do not overtake turning vehicle” sign; and
(c) it is not practicable for the driver to turn right in the manner indicated by the turn line; and
(d) the driver can safely turn right other than by the manner indicated by the turn line.

12.           Regulation 28 amended

(1) In regulation 28(1) delete “On or after 1 June 2001, the” and
insert:
The
(2) In regulation 28(2) delete “subregulation (3).” and insert:
subregulations (3) and (4).
(3) After regulation 28(3) insert:

(4)

If the rider of a bicycle wants to turn right by making a hook turn at an intersection that has a bicycle hook turn storage area on the left side of the intersection as the

rider approaches the intersection, the rider must take

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the following initial 2 steps instead of the initial 2 steps
listed in subregulation (3):

1      Approach the intersection from the far left side of the carriageway the rider is leaving and enter the intersection by moving into the bicycle

hook turn storage area, keeping clear of any
marked foot crossing.

2      Move forward in the bicycle hook turn storage area until the rider is as near as practicable to the far side of the carriageway that the rider is entering.

13.           Regulation 40 replaced

Delete regulation 40 and insert:

40.           Stopping for a circular red signal or red arrow

(1) If a traffic-control signal facing a driver displays a
circular red signal —
(a) subject to regulations 42 and 43, if there is a stop line at or near the signal, the driver shall stop as near as practicable to, but before
reaching, the stop line and shall not proceed
beyond the stop line; or
(b) if there is a “stop here on red signal” sign at or near the signal, but no stop line, the driver shall stop as near as practicable to, but before
reaching, the sign and shall not proceed beyond
the sign; or
(c) in the absence of a stop line, the driver —

(i)      shall stop as near as practicable to but before reaching the nearest appropriate

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traffic-control signal and shall not
proceed beyond the signal; and

(ii)      shall not enter a marked foot crossing.

Points: 3 Modified penalty: 3 PU

Stop here on red signal sign

(writing and edging in red)

Example for subregulation (1)(a)

Stopping at a stop here on red signal sign on a road the

driver is entering

(2) If a traffic-control signal facing a driver displays a red
arrow signal —

(a)

subject to regulation 43, if there is a stop line at or near the signal, the driver shall stop as near as practicable to, but before reaching, the stop

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line and shall not proceed beyond the stop line;

or

(b) if there is a “stop here on red arrow” sign at or near the signal, but no stop line, the driver shall stop as near as practicable to, but before reaching, the sign and shall not proceed beyond the sign; or
(c) in the absence of a stop line, the driver —

(i)      shall stop as near as practicable to but before reaching the nearest appropriate traffic-control signal and shall not proceed beyond the signal; and

(ii)      shall not enter a marked foot crossing,

as the case may be, in the direction indicated by the

arrow.

Points: 3 Modified penalty: 3 PU

Stop here on red arrow sign

(writing and edging in red)

(3) If there is a bicycle storage area before any
traffic-control signal referred to in subregulation (1)
or (2), a reference to the stop line in
subregulation (1)(a) or (2)(a) —

(a)

in the case of a driver of a motor vehicle, is a reference to the first stop line that the driver comes to, or came to, in approaching the signal;

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(b) in the case of a rider of a bicycle, is a reference to the stop line that is nearest to the intersection.

14.           Regulation 41A inserted

After regulation 40 insert:

41A. Motor vehicles not to enter a bicycle storage area
(1) If there is a bicycle storage area before a traffic-control signal that is showing a circular red signal, the driver of a motor vehicle shall not allow any part of the vehicle
to enter the bicycle storage area.
Points: 2 Modified penalty: 2 PU
(2) If there is a bicycle storage area before a traffic-control signal that is showing a red arrow signal, and the driver of a motor vehicle is turning in the direction indicated
by that arrow, the driver shall not allow any part of the
vehicle to enter the bicycle storage area.
Points: 2 Modified penalty: 2 PU

15.           Regulation 41 amended

After regulation 41(3) insert:

(4) If there is a bicycle storage area before a traffic-control
signal referred to in subregulation (1), a reference to
the stop line —

(a)

in the case of a driver of a motor vehicle, is a reference to the first stop line that the driver comes to, or came to, in approaching the signal;

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(b) in the case of a rider of a bicycle, is a reference to the stop line that is nearest to the intersection.

16.           Regulation 45 amended

(1) In regulation 45(3) delete “pedestrians.” and insert:

pedestrians on the carriageway, or part of the

carriageway, the driver is entering.

(2) After regulation 45(3) insert:
(4) Subregulation (1) does not apply to a driver turning
right at an intersection in accordance with a green
traffic arrow.

17.           Regulation 50 amended

(1) In regulation 50(2) delete the passage that begins with “stop line
shall —” and ends with “intersection.” and insert:

stop line shall stop as near as practicable to, but —

(a) before reaching the stop line; or

(b)

if there is no stop line — before entering the intersection.

(2) In regulation 50(5) delete “On or after 1 March 2001, if ” and
insert:
If
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18.           Regulation 51 amended

Delete regulation 51(2) and insert:

(2) A driver approaching or at a place with a “stop” sign or
stop line shall stop as near as practicable to, but —
(a) before reaching the stop line; or
(b) if there is no stop line — before entering the intersection.

19.           Regulation 52 amended

In regulation 52(3) delete “On or after 1 March 2001, if ” and
insert:

If

20.           Regulation 55 amended

In regulation 55(5) delete “On or after 1 March 2001, if ” and
insert:

If

21.           Regulation 56 amended

(1) In regulation 56(2)(a) delete “continuing road; and” and insert:

continuing road (except a vehicle making a
U-turn on the terminating road at the
intersection); and

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(2) In regulation 56(3)(a) delete “continuing road; and” and insert:

continuing road (except a vehicle making a
U-turn on the continuing road at the

intersection); and

(3) In regulation 56(5)(a) delete “the right; and” and insert:

the right (except a vehicle making a U-turn on
the terminating road at the intersection); and

22.           Regulation 66 replaced

Delete regulation 66 and insert:

66.           Giving way on a painted island

A driver entering a turning lane from a painted island
shall give way to —
(a) any vehicle in the turning lane; or

(b)

if the turning lane and painted island are nearest to the far left side of the road — any vehicle entering the turning lane from the marked lane, or line of traffic, immediately to the right of the turning lane; or

(c)

if the turning lane and painted island are nearest to the dividing line or median strip on the road or the far right side of the road — any vehicle entering the turning lane from the marked lane, or line of traffic, immediately to the left of the turning lane.

Points: 3 Modified penalty: 3 PU
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Example 1

Driver entering a turning lane from a painted island

giving way to a vehicle entering the turning lane from

the marked lane immediately to the right of the

turning lane

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Example 2

Driver entering a turning lane from a painted island

giving way to a vehicle entering the turning lane from

the marked lane immediately to the left of the

turning lane

In the examples, vehicle B must give way to vehicle A.

23.           Part 8 Division 1 heading amended

In the heading to Part 8 Division 1 after “intersections” insert:

and other places

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24.           Regulation 72 amended

(1) In regulation 72(1):
(a) after “an intersection,” insert:

or another place on a road,

(b) delete “the intersection.” and insert:

the intersection or place.

(2) In regulation 72(2):
(a) after “an intersection,” insert:

or another place on a road,

(b) delete “the intersection.” and insert:

the intersection or place.

25.           Regulation 73 amended

(1) In regulation 73(2):
(a) in paragraph (b) delete “the intersection.” and insert:

the intersection; or

(b) after paragraph (b) insert:

(c)

a traffic sign indicates that a driver of a particular type of vehicle, or in stated circumstances, may drive in a direction

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different to that indicated by the traffic lane

arrows; or

(d)

the driver is driving in the direction indicated marked lanes and there is an obstruction in each of those lanes; or

(e)

the driver is turning at an intersection in accordance with regulation 21(2) or 26(2).

(2) After regulation 73(2) insert:
(3) The existence of a bicycle storage area in a marked
lane does not alter a driver’s obligation to comply with
subregulation (1).

26.           Regulation 78 amended

In regulation 78(2) delete:

Road access sign

(background in green)

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and insert:

Road access sign

27.           Regulation 79 amended

(1) In regulation 79(1):
(a) after paragraph (a) insert:

or

(b) in paragraph (c) delete “path.” and insert:

path; or

(c) after paragraph (c) insert:

(d)

walk, other than on a footpath, separated footpath or shared path (except in the event of an emergency or breakdown, or to assist a person apparently in need of assistance; or

(e)

drive a vehicle with an oversized load unless permitted to do so under the Act.

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(2) In regulation 79(2) delete “60 km/h,” and insert:
50 km/h,

28.           Regulation 91A inserted

At the end of Part 8 Division 3 insert:

91A. Safety ramp and arrester bed signs
(1) In this regulation —
arrester bed means an area to which an “arrester bed”
sign applies;
safety ramp means an area to which an “safety ramp”
sign applies.
(2) A driver shall not drive on a safety ramp or arrester
bed, unless —

(a)

it is necessary for the driver to drive on the drive on a safety ramp or arrester bed in the interests of safety; or

(b)

the driver is permitted to drive on the safety ramp or arrester bed under another written law of the State.

Modified penalty: 2 PU

Arrester bed sign

Safety bed sign

Note There are other permitted versions of these sign.

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29.           Regulation 91 amended

In regulation 91(1) delete the definition of roundabout and
insert:

roundabout means an intersection —

(a)

with one or more marked lanes, all of which are for the use of vehicles travelling in the same direction around a central traffic island; or

(b)

with room for one or more lines of traffic travelling in the same direction around a central traffic island,

whether or not there is a “roundabout” sign at each

entrance.

Roundabout sign

(triangle in red)

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30.           Regulation 92 amended

(1) In regulation 92(2) delete the example and insert:
Example

Example 1

Leaving a roundabout less than halfway around it

(2) In regulation 92(3) delete the example and insert:
Example

Example 2

Leaving a roundabout more than halfway around it

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(3) In regulation 92(4) delete the example and insert:
Example

Example 3

Leaving a roundabout halfway around it

31.           Regulation 96 amended

Delete regulation 96(1) and insert:

(1) A driver driving in a roundabout shall drive —

(a)

to the left of the central traffic island in the roundabout; or

(b)

if subregulation (2) applies to the driver — on the edge of the central island, to the left of the centre of the island; or

(c)

if subregulation (3) applies to the driver — over the central island, to the left of the centre of the island.

Points: 3 Modified penalty: 3PU
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32.           Regulation 101 amended

Delete regulation 101(1)(a) and “and” after it and insert:

(a) as near as practicable to, but before reaching the stop line or, if there is no stop line, as near as practicable to, but before reaching, the “stop” sign; and

33.           Regulation 113 amended

(1) In regulation 113(1) insert in alphabetical order:

slow vehicle turn out lane means a lane or a part of a
lane to which a “slow vehicle turn out lane” sign

applies.

Slow vehicle turn out sign

(2) In regulation 113(1) in the definition of marked lane:
(a) after paragraph (c) insert:
(d) a slow vehicle turn out lane;
(b) after paragraphs (a) and (c) insert:

or

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(3) In regulation 113(1) in the definition of right lane delete
“carriageway.” and insert:
carriageway;
(4) In regulation 113(3):
(a) in paragraph (c) delete “left,” and insert:

left; or

(b) in paragraph (f) delete “congested.” and insert:

congested; or

(c) after paragraph (f) insert:
(g) there are only 2 marked lanes and the left lane is a slow vehicle turn out lane.
(d) after paragraphs (a), (b) and (d) insert:

or

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(5) In regulation 113(4) delete the “End keep left unless
overtaking sign” text and sign and insert:

End keep left unless overtaking sign

34.           Regulation 114 amended

In regulation 114 delete “driver passing” and insert:

driver of a vehicle on a carriageway passing

35.           Regulation 119 amended

After regulation 119(4) insert:

(5) Subregulation (2)(a) does not apply in the case of a
painted island —

(a)

that separates a carriageway that takes vehicles in one direction from another carriageway that takes vehicles in the same direction at a place where the carriageways merge; or

(b)

that separates one part of a carriageway from other parts of the carriageway to create a slip lane.

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Examples

Example 1

Example 2

In these examples, vehicle B is contravening subregulation (2)(a) because of subregulation (5)(a).

36.           Regulation 122 amended

(1) In regulation 122(2) after “pass” insert:
in another marked lane
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(2) Delete regulation 122(3) and insert:
(3) A driver overtaking a vehicle making, or apparently
about to make, a right turn or U-turn from the middle
of the carriageway and giving a right change of
direction signal, shall pass to the left of it and of any
vehicle that may be stationary behind it, but only if it is
safe to do so.
Points: 2 Modified penalty: 2 PU

37.           Regulation 129 replaced

Delete regulation 129 and insert:

129.         Driving on or across a continuous white edge line

(1) A driver must not drive on or over a continuous white
edge line on a carriageway unless subregulation (2)
or (3) applies to the driver.
Modified penalty: 2 PU
(2) A driver may drive on or over a continuous white edge
line on a carriageway if the driver is —
(a) overtaking a vehicle that is turning right, or making a U-turn from the centre of the road, and is giving a right change of direction signal;

or

(b)

driving a slow-moving vehicle, and it is necessary for the driver to drive on or over the edge line to allow the vehicle to be overtaken or passed by another vehicle; or

(c)

driving a vehicle that is too wide, or too long, to drive on the carriageway without driving on or over the edge line; or

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(d)

permitted to drive on or over the edge line under another written law of the State; or

(e) avoiding an obstruction.

(3)

A driver may drive on or over a continuous white edge line on a carriageway for up to 100 metres if the driver is —

(a) turning at an intersection; or
(b) entering or leaving the carriageway; or
(c) entering 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, a shoulder of

the road or an emergency stopping lane); or

(d)

stopping at the side of the road (including any shoulder of the road).

(4) Subregulation (1) does not apply to the rider of a
bicycle or animal.
(5) For the purposes of this regulation, a driver drives over
a continuous white edge line on a carriageway if —
(a)

for a line on the far left side of the partly to the left of the line; or

(b) for a line on the far right side of the carriageway — the driver’s vehicle is wholly or partly to the right of the line.

38.           Regulation 130 amended

In regulation 130(5) in the definition of moped delete
“60 km/h,” and insert:
50 km/h, 
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39.           Regulation 141 amended

(1) In regulation 141(1):
(a) delete “is”;
(b) in paragraph (a) before “dropping” insert:

is

(c) delete paragraph (c) and insert:

(c)

completes the dropping off, or picking up, of the passengers or goods, and drives on, as soon as possible and, in any case, within the required time after stopping.

(2) In regulation 141(2):
(a) insert in alphabetical order:

required time means —

(a)

if information on or with the sign indicates a time — the indicated time; or

(b) if there is no indicated time — 2 minutes; or

(c)

if there is no indicated time, or the indicated time is less than 5 minutes, and regulation 174 applies to the driver — 5 minutes;

(b) in the definition of unattended delete “closet” and insert:

closest

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40.           Regulation 148 amended

(1) Delete regulation 148(4) and insert:

(4)

Subject to subregulation (3), a “clearway” sign applies, for the days and times indicated on the sign, to a length of carriageway beginning at the sign and ending at the nearest of the following —

(a)

a “clearway” sign on the carriageway that indicates different days or times;

(b) an “end clearway” sign on the carriageway;
(c) the end of the carriageway.
(2) In regulation 148 delete the passage that begins with “(5)
Subject to” and ends with “on the carriageway.”.

41.           Regulation 165 replaced

Delete regulation 165 and insert:

165.         Stopping on a path, dividing strip, nature strip or painted island

The driver of a vehicle (other than a bicycle or an
animal) shall not stop so that any portion of the vehicle
is on a path, dividing strip, painted island, or a nature
strip adjacent to a length of carriageway in a built-up
area, unless —

(a)

the driver stops in an area, to which a parking control sign applies and the driver is permitted to stop at that place under these regulations; or

(b)

the driver is permitted to do so under a local law.

Modified penalty: 1 PU

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42.           Regulation 172 amended

Before regulation 172(2) insert:

(2A)

If a permissive parking sign does not indicate a period and does not indicate that it applies at particular times, or at particular times on particular days, a driver may, at any time, park continuously on a length of

carriageway, or in an area, to which the sign applies,
unless —
(a) another parking control sign applies to the length of carriageway or area; and
(b) the driver is prohibited from parking on the length of carriageway, or in the area, under these regulations.

43.           Regulation 173A inserted

After regulation 172 insert:

173A. Parking outside times indicated
If a permissive parking sign indicates that it applies at
particular times, or at particular times on particular
days, a driver may park on the length of carriageway,
or in an area, to which the sign applies at a time, or at a
time on a day, when the sign does not apply, unless —

(a)

another parking control sign applies to the length of carriageway or area; and

(b)

the driver is prohibited from parking on the length of carriageway, or in the area, at that time, or at that time on that day, under these regulations.

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44.           Regulation 176 amended

In regulation 176(6) delete “any” and insert:

the

45.           Regulation 178 amended

After regulation 178(4) insert:

(5) If information on or with the parking control sign or
road marking indicates that the driver’s vehicle must be
positioned at a particular angle, the driver shall position
the vehicle —
(a) so the vehicle is at an angle as near as practicable to the specified angle; and
(b) if the vehicle is parked on the side of a carriageway — with the rear of the vehicle nearest to the centre of the carriageway.

46.           Regulation 179 amended

(1) Delete regulation 179(1) and insert:
(1) Subject to subregulation (2), a driver parking a vehicle
on a length of carriageway, or in an area, on which
parking bays are marked (whether or not a “park in
bays only” sign applies) shall position the vehicle
completely within a single bay.

Modified penalty: 1 PU

4596 GOVERNMENT GAZETTE, WA 13 November 2009

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Park in bays only sign

(2) After regulation 179(3) delete:

Park in bays only sign

47.           Regulation 181 amended

(1) In regulation 181(2):
(a) after paragraph (a) insert:

and

(b) in paragraph (c) delete “locked,” and insert:

locked; and

(c) after paragraph (c) insert:

(d)

securing the windows — if the windows of the vehicle can be secured,

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(2) In regulation 181(4):
(a) in paragraph (b) delete “device.” and insert:

device; and

(b) after paragraph (b) insert:
(c) a window is secure even if it is open by up to 2 centimetres.

48.           Regulation 188 amended

In regulation 188(1)(g) delete “device” and insert:

device, or an alcohol ignition interlock device,

49.           Regulation 190 amended

In regulation 190(b) delete “anti-theft device” and insert:

anti-theft device, or an alcohol ignition interlock device,

50.           Regulation 195 amended

In regulation 195:

(a) delete “road, or within the enclosure of a freeway,” and insert:

road

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(b) delete:

Road access sign

(background in green)

and insert:

Road access sign

51.           Regulation 206 amended

(1) In regulation 206(3) after “wheeled toy” insert:
on a road
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(2) After regulation 206(3) insert:
(4) Subregulations (1) and (2) do not apply to a person
who is crossing a carriageway in or on a wheeled
recreational device or wheeled toy, if the person —
(a) crosses the carriageway by the shortest safe route; and
(b) does not stay on the carriageway longer than necessary to cross the carriageway safely.

52.           Regulation 211 replaced

Delete regulation 211 and insert:

211.         Riding bicycles

The rider of a bicycle shall —

(a) sit astride the rider’s seat facing forward (except if the bicycle is not built to be ridden astride); and
(b) ride with at least one hand on the handlebars; and
(c) if the bicycle is equipped with a rider’s seat — ride the bicycle seated in or on that seat.

53.           Regulation 212 amended

After regulation 212(2) insert:

(3) A passenger on a bicycle that is moving, or is
stationary but not parked, shall sit on a fitted seat
designed for a passenger.

Modified penalty: 1 PU

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(4) The rider of a bicycle shall not ride with a passenger
unless the passenger complies with subregulation (3).
Modified penalty: 1 PU
Note:  The heading to amended regulation 212 is to read:
Carrying people on a bicycle

54.           Regulations 215A and 215B inserted

After regulation 214 insert:

215A. Entering a bicycle storage area on a bicycle

(1)

The rider of a bicycle approaching a bicycle storage area at an intersection that has traffic-control signals showing a circular red signal or red arrow signal shall

not enter the bicycle storage area other than from a
bicycle lane.
Modified penalty: 1 PU
(2) Subregulation (1) does not apply if the bicycle storage
area does not have a bicycle lane leading into it.
215B. Giving way while entering or in a bicycle storage
area on a bicycle
(1) When entering a bicycle storage area, the rider of a
bicycle shall give way to —
(a) any vehicle that is in the area; and

(b)

if the area is subject to a green or yellow traffic-control signal — any motor vehicle that is entering or about to enter the area, unless the motor vehicle is turning in a direction that is subject to a red traffic arrow; and

(c)

if the area forms part of a lane to which traffic-control signal arrows apply — any

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motor vehicle that is entering or about to enter the area at a time when those arrows are green or yellow.

Modified penalty: 2 PU

(2) The rider of a bicycle in a bicycle storage area that
extends across more than one lane of a multi-lane
carriageway shall, if the area is subject to a green or
yellow traffic signal, give way to a motor vehicle that
is in any lane other than the lane that the bicycle is
directly in front of, unless the motor vehicle is turning
in a direction that is subject to a red arrow signal.
Modified penalty: 2 PU

55.           Regulation 222 amended

In regulation 222(5) delete “passenger, or any paying passenger
on a three or four-wheeled bicycle.” and insert:

passenger.

56.           Regulation 222A amended

Delete regulation 222A(4).

57.           Regulation 223A inserted

Before regulation 223 insert:

223A. Passengers to wear protective helmets
(1) In this regulation —
protective helmet has the meaning given in
regulation 222(1).
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(2) A person must wear a protective helmet securely
fastened on his or her head when being carried as a
passenger on a bicycle.
Modified penalty: 1 PU
(3) A person must wear a protective helmet securely
fastened on his or her head when being carried as a
passenger on a power assisted pedal cycle.
Modified penalty: 1 PU
(4) Subregulations (2) and (3) do not apply to a person
who is exempt from wearing a protective helmet under
the provisions of regulation 222(3).
(5) Subregulation (2) does not apply to a paying passenger
on a three or four-wheeled bicycle.

58.           Regulation 236 amended

In regulation 236(2)(c) delete “passenger car” (both
occurrences) and insert:

vehicle

59.           Regulation 245 replaced

Delete regulation 245 and insert:

245.         Motor cycle rider to be properly seated

(1) The rider of a motor cycle that is moving, or the rider
of a motor cycle that is stationary but not parked,
shall —
(a) sit astride the rider’s seat facing forwards; and
13 November 2009 GOVERNMENT GAZETTE, WA 4603

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(b)

ride with at least one hand on the handlebars; and

(c)

if the motor cycle is moving — keep both feet on the footrests designed for use by the rider of the motor cycle,

while the motor cycle is on a road.

Points: 3 Modified penalty: 2 PU
(2) Subregulation (1) does not apply to a person who is
walking beside or pushing a motor cycle.

60.           Regulations 246A and 246B inserted

After regulation 245 insert:

246A. Passengers on 2-wheeled motor cycles
(1) In this regulation —
motor cycle does not include —

(a)

a 2-wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel; or

(b)

a motor vehicle with 3 wheels that is ridden in the same way as a motor vehicle with 2 wheels.

(2) A passenger on a motor cycle that is moving, or is
stationary but not parked, shall —
(a) sit astride the pillion seat facing forwards; and

(b)

keep both feet on the footrests designed for use by a pillion passenger on the motor cycle,

while the motor cycle is on a road.
Modified penalty: 2 PU

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(3)

The rider of a motor cycle shall not ride with a passenger unless the passenger complies with subregulation (2).

Modified penalty: 2 PU
(4) The rider of a motor cycle shall not ride on a road with
more than one passenger.
Points: 3 Modified penalty: 2 PU
(5) The rider of a motor cycle shall not ride on a road with
a passenger who has not attained 8 years of age.
Modified penalty: 2 PU
246B. Passengers on trikes and motor cycles with sidecars

(1) In this regulation —

motor cycle means —

(a)

a 2-wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel; or

(b)

a motor vehicle with 3 wheels that is ridden in the same way as a motor vehicle with 2 wheels.

(2)

The rider of a motor cycle shall not ride on a road with more passengers in a sidecar, or on a seat designed for a passenger, than the sidecar, or seat, is designed to

carry.
Points: 3 Modified penalty: 2 PU
(3) A passenger shall not ride on a road in a sidecar of a
motor cycle unless the passenger is seated safely.
Modified penalty: 2 PU

(4)

The rider of a motor cycle shall not ride on a road with a passenger in a sidecar unless the passenger complies with subregulation (3).

Points: 3 Modified penalty: 2 PU
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(5) The rider of a motor cycle shall not ride on a road with a passenger who has not attained 8 years of age unless the passenger is in a sidecar.
Modified penalty: 2 PU

61.           Part 17 heading amended

In the heading to Part 17 after “buses” insert:

etc., in bus lanes

62.           Regulation 247A inserted

At the beginning of Part 17 insert:

247A. Application of this Part
This Part applies to the driver of —
(a) a public bus when driving in a bus lane; and
(b) a vehicle other than a public bus, in the same way as it applies to the driver of a public bus if —

(i)      the vehicle is being driven in a bus lane to which B lights apply; and

(ii)      the diver is permitted to drive that vehicle in the bus lane under these regulations.

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63.           Regulation 259 amended

Delete regulation 259(2) and insert:

(2) A driver, or a passenger, in or on a vehicle shall not
buy or offer to buy an article or service from a person
who is on a carriageway.

Modified penalty: 1 PU

64.           Regulation 262 deleted

Delete regulation 262.

65.           Regulation 263 amended

After regulation 263(2) insert:

(3) A driver shall not drive a motor vehicle if a person or
an animal is in the driver’s lap.
Points: 1 Modified penalty: 2 PU

66.           Regulation 264A inserted

After regulation 263 insert:

264A. Dogs, etc. on motor cycles

(1)

The rider of a motor cycle shall not ride with an animal on the part of the motor cycle between the rider and the handlebars.

Points: 1 Modified penalty: 2 PU
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(2) Subregulation (1) does not apply to a person who rides
with an animal on a motor cycle for a distance of not
more 500 metres on a road for the purposes of a
farming activity that the person is carrying out,
provided it is safe to do so.

67.           Regulation 285 amended

In regulation 285(2) in the Table before the passage
commencing “Part 4” insert:

Regulation 12 (Minimum speeds on freeways)

68.           Regulation 288A inserted

After regulation 287 insert:

288A. Exemption for motor break-down service vehicles
(1) In this regulation —
motor break-down service vehicle does not include a
tow truck.

(2)

A provision set out in the Table to this regulation does not apply to the driver of a motor break-down service vehicle if —

(a)

the driver is engaged in repairing a disabled vehicle; and

(b)

it is not practicable for the driver to comply with the provision; and

(c)

the motor break-down service vehicle is displaying a yellow flashing light; and

(d) the driver is acting safely.
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Table

* regulation 119 (Driving on median strips, painted
islands, etc.)
* regulation 127 (Moving from one marked land to
another marked lane across a continuous line
separating the lanes
* regulation 254 (Driving on a nature strip)

69.           Regulation 289 amended

In regulation 289(1)(c):

(a) in subparagraph (iii) delete “the Vehicle Standards;” and insert:

regulation 285(4);

(b) after subparagraph (ix) insert:

(x)      a motor break-down service vehicle when the driver is attending a disabled vehicle;

70.           Regulation 294 amended

In regulation 294 in the Table delete “* regulation 52:

subregulations (2) and (4)” and insert:

* regulation 52: subregulations (2) and (3)

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71.           Regulation 303A inserted

After regulation 302 insert:

303A. Audible lines
(1) An audible line is a line on a road that is made up of a
series of closely spaced, raised pieces of material
designed to create a continuous noise or vibration if
driven on by a motor vehicle.
(2) To avoid doubt, an audible line is not a broken line by reason only of the gaps between the raised material in the series.

72.           Schedule 2 amended

(1) In Schedule 2 delete:

Road access sign

(regs 78, 195)

(background in green)

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(2) In Schedule 2 insert in alphabetical order:

Arrester bed sign

(reg 91A)

End keep left unless

overtaking sign

(reg 113)

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One way sign

(reg 80)

Road access sign

(regs 78, 195)

Safety ramp sign

(reg 91A)

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Slow vehicle turnout

lane sign

(reg 113)

73.           Schedule 3 amended

(1) In Schedule 3 delete:

Road access sign

(background in green)

(regs 78, 195)

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Road access sign

(background in green)

(regs 78, 195)

Road access sign

(regs 78, 195)

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(2) In Schedule 3 insert in alphabetical order:

Arrester bed sign

(reg 91A)

Arrester bed sign

(reg 91A)

End keep left unless

overtaking sign

(reg 113)

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End school zone sign

(regs 3, 11)

School zone sign

(shading in orange, circle in red)

(regs 3, 11)

By Command of the Governor,

PETER CONRAN, Clerk of the Executive Council.

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