Road Traffic Code Amendment Regulations 2020 (WA)
| 2140 | GOVERNMENT GAZETTE, WA | 26 June 2020 |
TRANSPORT
TN301
Road Traffic Act 1974
Road Traffic Code Amendment
Regulations 2020
SL 2020/87
Made by the Governor in Executive Council.
1. Citation
These regulations are the Road Traffic Code Amendment
Regulations 2020.2. 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 1 September 2020. 3. Regulations amended
These regulations amend the Road Traffic Code 2000.
4. Regulation 265 amended
(1) In regulation 265(1) insert in alphabetical order: audio call does not include an email, text message,
video call, video message or other similarcommunication;
(2) After regulation 265(1) insert:
(1A) For the purposes of this regulation, a driver is in a restricted area if —
(a) the driver is in a school zone during a school zone period indicated on the “school zone” sign
at the beginning of the zone; or
(b) the driver is on a freeway; or (c)
the speed limit applicable to the area or zone that the driver is in is 80km/h or more; or
26 June 2020 GOVERNMENT GAZETTE, WA 2141
(d) the driver is approaching or passing a stationary incident response vehicle (as defined in regulation 137A(1)), unless the driver —
(i) is on a two-way carriageway; and
(ii) the incident response vehicle is on the side of the carriageway used by vehicular traffic travelling in the opposite direction to the driver.
(3) In regulation 265(2):
(a) in paragraph (a) delete “a phone call, other than a text message, video message, email or similar
communication,” and insert:
an audio call
(b) in paragraph (b) delete “phone.” and insert: phone; or
(c) after paragraph (b) insert:
(c) all of the following apply — (i) the vehicle is an on-demand vehicle (as defined in the Transport (Road
Passenger Services) Act 2018
section 4(1));
(ii) the phone is being used to accept, confirm the start of or cancel a booking for the vehicle to be used in the provision of an on-demand passenger transport service (as defined in the
Transport (Road Passenger Services)
Act 2018 section 5(1));
(iii) the body of the phone is secured in a mounting affixed to the vehicle while being so used;
(iv) the driver is not in a restricted area;
(v) in the circumstances it is safe for the driver to use the phone as referred to in subparagraph (ii).
(d) in the Modified penalty delete “8 PU.” and insert: 10 PU.
| 2142 | GOVERNMENT GAZETTE, WA | 26 June 2020 |
(4) After regulation 265(2) insert:
(2A) For an offence against subregulation (2), the points and
modified penalty set out at the foot of this
subregulation apply in the following cases instead of
the points and modified penalty set out at the foot ofsubregulation (2) —
(a) the phone is being used — (i) to create, send or read a text message or email; or
(ii) to make or receive a video call; or
(iii) to create, send or view a video message; or
(iv) to take or view a photo; or
(v) to make or view a video;
(b)
any other case in which the phone is being used otherwise than to make or receive an audio call.
Points:
(a) during a holiday period: 8; (b) other than during a holiday period: 4.
Modified penalty: 20 PU.
M. INGLIS, Clerk of the Executive Council.
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