Road Traffic Code Amendment Regulations 2018 (WA)

15 May 2018 GOVERNMENT GAZETTE, WA 1531

TN301

Road Traffic Act 1974

Road Traffic Code Amendment

Regulations 2018

Made by the Governor in Executive Council.

1.   Citation

These regulations are the Road Traffic Code Amendment
Regulations 2018.

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 that is 6 weeks after that day.

3. Regulations amended

These regulations amend the Road Traffic Code 2000.

4. Regulation 3 amended
In regulation 3(1) in the definition of bicycle lane:

(a) delete paragraph (a) and insert:

(a) beginning at a "bicycle lane" sign applying to the lane, or a road marking comprising a white bicycle symbol and the word "lane" painted in white; and

(b) in paragraph (b) delete "following:" and insert:

following —

(c) delete paragraph (b)(i) and insert:

(i)    an "end bicycle lane" sign applying to the lane, or a road marking comprising a white bicycle symbol and the words "end lane" painted in white;

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5.            Regulation 53 amended

In regulation 53 delete "on" and insert:

on, or approaching,

6.            Regulation 203 amended

Delete regulation 203(5) and insert:

(5) Nothing in this regulation applies in respect of—

(a)	a carriageway from which vehicles are for the time being excluded; or
(b)	a carriageway that is a shared zone.

7.            Regulation 233 amended

(1)	In regulation 233(1)(a) delete "the age of 16 years; and" and insert:
16 years of age; and
(2)	In regulation 233(2)(b) before "must not" insert:
except as provided in subregulation (2A),
(3)	After regulation 233(2) insert:

(2A) Despite subregulation (2)(b), a passenger in a taxi, bus,

omnibus or tow truck may hold a child who is under

1 year of age in their lap if -
(a)	there is no suitable child restraint available in the taxi, bus, omnibus or tow truck for the child; and
(b)	the passenger is not in the front row of seats if the taxi, bus, omnibus or tow truck has 2 or more rows of seats.

(4) In regulation 233(3):

(a) delete "a bus," and insert:

15 May 2018 GOVERNMENT GAZETTE, WA 1533

(b) delete "the age of 16 years" and insert:

16 years of age

(5)	After regulation 233(3) insert:
(4) For the purposes of this regulation, a child restraint is available in a motor vehicle if it is -

(a)	fitted in the vehicle; and
(b)	not occupied by someone else who is under 16 years of age.

(6) At the end of regulation 233 insert:

Note:

Under regulation 284, regulation 233 does not apply to the driver of a bus.

8.            Regulation 234 amended

(1) In regulation 234(1):

(a) delete "bus or";

(b) delete "has not reached the age of 16 years." and insert:

is under 16 years of age.

(2)	Delete regulation 234(2), (3) and (4) and insert:
(2) If the passenger is under 6 months of age, the

adjusted rearward facing suitable child restraint.

passenger must be restrained in a properly fastened and

(3) If the passenger has reached 6 months of age but is
under 4 years of age, the passenger must be restrained
in a properly fastened and adjusted -

(a)	rearward facing suitable child restraint; or
(b)	forward facing suitable child restraint that has an inbuilt harness.

(4) If the passenger has reached 4 years of age but is under
7 years of age, the passenger must -

(a) be restrained in a properly fastened and
adjusted forward facing suitable child restraint
that has an inbuilt harness; or

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(b) be placed on a properly positioned booster seat
and be restrained by either -

(i)     a lap and sash type seatbelt that is properly adjusted and fastened; or

(ii)     a lap only type seatbelt and (in relation to the upper body of the passenger) a child safety harness, each of which is properly adjusted and fastened.

(3)	In regulation 234(5) delete "has not reached the age of 4 years" and insert:
is under 4 years of age
(4)	Delete regulation 234(6) and insert:
(6) A passenger who has reached 4 years of age but is under 7 years of age, must not be in the front row of a motor vehicle that has 2 or more rows of seats unless each other seat or unobstructed seating position in the row or rows behind the front row is either -

(a)	occupied by a passenger who is under 7 years of age; or
(b)	not suitable for the installation of a forward facing child restraint or a booster seat that would allow this regulation to be complied with for that passenger.

(5) In regulation 234(7):

(a)	delete "the age of 7 years but has not reached the age of
16 years -" and insert:

7 years of age but is under 16 years of age -

(b) in paragraph (b)(i) delete "suitable".

(6)	In regulation 234(8) delete "Subregulations (2), (3), (4) and (5)" and insert:
Subregulations (2), (3), (4), (5) and (6)
(7)	In regulation 234(12) delete "subregulation (4)(b)" and insert:
subregulation (4)(b)(i)

15 May 2018 GOVERNMENT GAZETTE, WA 1535

(8) Delete regulation 234(13) and insert:

(13) The driver of a taxi or omnibus is exempt from

subregulations (2), (3) and (4) in relation to a passenger

if—

(a)	there is no suitable child restraint available in the taxi or omnibus for the passenger; and
(b)	the passenger is not in the front row of seats if the taxi or omnibus has 2 or more rows of seats.

(9) After regulation 234(13) insert:

(13A) If the exemption set out in subregulation (13) applies to

a driver in relation to a passenger who has reached
1 year of age, the passenger must (unless exempt from
wearing a seatbelt under regulation 235) wear a seatbelt
that is properly adjusted and securely fastened to the
best extent possible given the height and weight of the

passenger.

(10) Delete regulation 234(14) and insert:

(14) For the purposes of this regulation, a child restraint is

available in a motor vehicle if it is -

(a)	fitted in the vehicle; and
(b)	not occupied by someone else who is under 16 years of age.

(11) At the end of regulation 234 insert:

Note:

Under regulation 284, regulation 234 does not apply to the driver of a bus.

9.            Regulation 235 amended

(1)	In regulation 235(1) delete "the age of 4 years, but has not reached the age of 7 years," and insert:
4 years of age but is under 7 years of age,

1536 GOVERNMENT GAZETTE, WA 15 May 2018

(2)	In regulation 235(4) delete "who has not reached the age of 7 years." and insert:
charged under regulation 234(1) in relation to a passenger who is under 7 years of age.
(3)	In regulation 235(6) delete "A person in" and insert:
Except as provided in subregulation (6A), a person in

(4) After regulation 235(6) insert:

(6A) Subregulation (6) does not apply to a person charged

under regulation 234(1) in relation to a passenger who
is under 7 years of age.

10.         Regulation 235A amended

In regulation 235A(1)(b) delete "has not reached the age of
16 years" and insert:

is under 16 years of age

11.         Regulation 245 amended

(1)	In regulation 245(1)(b) delete "handlebars; and" and insert:
handlebars, unless the motor cycle is stationary and, in the circumstances, it is safe to remove both hands from the handlebars; and

(2)	After regulation 245(2) insert:
(3) Subregulation (1)(c) does not apply where the motor cycle is moving at less than 10 km/h and any of the following apply —

(a)	the rider is manoeuvring the motor cycle in order to park the motor cycle;
(b)	the motor cycle is decelerating to come to a stop;
(c)	the motor cycle is accelerating from a stationary position.

R. KENNEDY, Clerk of the Executive Council.