Road Traffic Code Amendment Regulations (No. 3) 2010 (WA)

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19 November 2010 GOVERNMENT GAZETTE, WA 5749
TRANSPORT
TR301*
Road Traffic Act 1974

Road Traffic Code Amendment Regulations

(No. 3) 2010

Made by the Governor in Executive Council.
1.             Citation

These regulations are the Road Traffic Code Amendment
Regulations (No. 3) 2010.
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) regulations 22 and 23 — on 1 March 2011;
(c) the rest of the regulations — on the day after the day on which these regulations are published in the Gazette.
3.             Regulations amended
These regulations amend the Road Traffic Code 2000.
4.             Regulation 3 amended

In regulation 3(1) delete the definition of shared zone and the
diagrams and notes following that definition and insert:
shared zone means —

(a) a length of road with —
(i)      both a “shared zone” sign and an “end shared zone” sign; and
(ii)      no intersection between the signs;

or

(b) a length of road with —
(i) a “shared zone” sign; and

(ii) a dead end; and

(iii) no intersection between the sign and the dead end;

or

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(c) the network of roads in an area with —
(i) a “shared zone” sign on each road into the area, indicating the same number; and
(ii) an “end shared zone” sign on each road out of the area;

Shared zone sign End shared zone sign
(circle in red)

Note: There are a number of other permitted versions of each of these signs.
Note: A “shared zone” sign may also have a different number on the sign.
5. Regulation 7 amended

(1) In regulation 7 delete “Where any” and insert:
(1) Where any
(2) At the end of regulation 7 insert:

(2) Where any of these regulations require a driver who is
turning from a carriageway at an intersection to give
way to a pedestrian who is crossing the carriageway
that the driver is entering, the requirement applies if
and only if the pedestrian’s line of travel in crossing
the carriageway is essentially perpendicular to the
edges of the carriageway the driver is entering.
6. Regulation 45 amended
In regulation 45(3) delete “on” and insert:
who are crossing
7. Regulation 47 amended
In regulation 47(b) delete “on” and insert:
crossing

19 November 2010 GOVERNMENT GAZETTE, WA 5751
8.             Regulation 50 amended
In regulation 50(4) delete “on” and insert:
who is crossing
9.             Regulation 52 amended
In regulation 52(2) delete “on” and insert:
who is crossing
10.           Regulation 55 amended

(1) In regulation 55(3)(b) delete “on” and insert:
who is crossing
(2) In regulation 55(6)(c) delete “on” and insert:
who is crossing
11. Regulation 56 amended

(1) In regulation 56(2)(b) delete “on” and insert:
who is crossing
(2) In regulation 56(4) delete “on” and insert:
who is crossing
(3) In regulation 56(6)(b) delete “on” and insert:
who is crossing
12. Regulation 93 amended
In regulation 93(2)(a) delete “entering” and insert:
approaching

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19 November 2010

13. Regulation 94 amended
In regulation 94(2)(a) delete “entering” and insert:
approaching
14. Regulation 123 amended
After regulation 123(1) insert:

(2A) A driver shall not drive past, or overtake, to the left of a vehicle or combination displaying a “do not overtake turning vehicle” sign in any circumstance other than
the one referred to in subregulation (1) unless —

(a) the driver is driving on a carriageway that has 2 or more marked lanes available exclusively for vehicles travelling in the same direction, the
driver overtakes the vehicle or combination in a
marked lane to the left of the vehicle or
combination, and it is safe to do so; or
(b) the vehicle is turning right or making a U turn from the centre of the road and giving a right turn signal, and it is safe to overtake to the left
of the vehicle or combination; or

(c)

the vehicle is stationary and it is safe to overtake to the left of the vehicle or combination.

Points: 2 Modified penalty: 2 PU

15. Regulation 137 amended
In regulation 137(1):

(a) in paragraph (b) delete “lane.” and insert:
lane; or

(b) after paragraph (b) insert:

(c)
intending to turn off the carriageway or to make disrupting other vehicles on the carriageway it is necessary to position the vehicle in another lane before starting the turn, or to make the turn.

16. Regulation 230 amended

(1) In regulation 230 delete the definition of small charter vehicle.

19 November 2010 GOVERNMENT GAZETTE, WA 5753

(2) In regulation 230 insert in alphabetical order:
omnibus has the meaning given in the Transport
Co-ordination Act 1966 section 4(1);

17. Regulation 231 amended
Delete regulation 231(1) and insert:

(1) A medical certificate referred to in this Part must —

(a) be signed by a medical practitioner; and

(b)

certify the relevant matter referred to in subsection (2A); and
(c) be current at the time of the alleged offence.

(2A) The medical certificate must certify that —

(a) while driving or travelling in a motor vehicle —
(i) the person is unable for medical reasons to wear a seat belt; or
(ii) because of the person’s size, build or other characteristic, it would be unreasonable to require the person to wear a seat belt;

or

(b) while driving or travelling in a motor vehicle that has 2 or more rows of seats, the person is unable for medical reasons to sit anywhere except in the front row.

18. Regulation 233 amended
In regulation 233(3) delete “small charter vehicle” and insert:
omnibus
19. Regulation 234 amended

(1) In the provisions listed in the Table delete “approved”.

Table

r. 234(2) r. 234(3)(a)
r. 234(3)(b) r. 234(4)(a)
r. 234(4)(b) r. 234(7)(a)
r. 234(13)(a)

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GOVERNMENT GAZETTE, WA

19 November 2010

(2) In regulation 234(12) delete “an approved” and insert:
a
(3) In regulation 234(13) delete “small charter vehicle” (each
occurrence) and insert:
omnibus
(4) In regulation 234(14) delete “an approved” (each occurrence)
and insert:
a
20. Regulation 235 amended

(1) In regulation 235(2) delete “an approved” and insert:
a
(2) In regulation 235(4) delete “(5)” and insert:
(3)
(3) Delete regulation 235(7) and insert:

(7) A person in or on a motor vehicle has a defence to a
charge under this Division relating to —

(a) the wearing of a seatbelt; or
(b) the use of a child restraint or booster seat,
if the person who is not wearing the seatbelt or using
the child restraint or booster seat has a medical
certificate certifying a matter referred to in
regulation 231(2A)(a) and, if required to do so, the
person or driver produces the medical certificate.

(8A) The driver of a motor vehicle has a defence to a charge
under regulation 234(6) if —

(a)

the passenger referred to in the regulation has a medical certificate certifying the matter referred to in regulation 231(2A)(b); and

(b)

if required to do so, the passenger or driver produces the medical certificate.

19 November 2010 GOVERNMENT GAZETTE, WA 5755

(4) After regulation 235(9) insert:

(10A) A person is exempt from using a child restraint or
booster seat if he or she is receiving medical treatment
of an urgent and necessary nature while in or on a
vehicle.

(5) In regulation 235(12):

(a) delete “approved” (first occurrence);
(b) delete “an approved” (each occurrence) and insert:
a

21. Regulation 264A amended

(1) In regulation 264A(1) delete “handlebars.” and insert:
handlebars, or in another position that interferes with
the rider’s ability to control the motor cycle or to have
a clear view of the carriageway.

(2) In regulation 264A(2) delete “a motor cycle” and insert:
the part of the motor cycle between the rider and the
handlebars

22. Regulation 264 amended

(1) Delete regulation 264(2)(b) and insert:

(b) the visual display unit is, or is part of, a driver’s aid and either —
(i) is an integrated part of the vehicle design; or
(ii) is secured in a mounting affixed to the vehicle while being used;

or

(2) After regulation 264(2) insert:

(3) For the purposes of subregulation (2)(b)(ii), a visual
display unit is secured in a mounting affixed to the
vehicle if, and only if —

(a)

the mounting is commercially designed and manufactured for that purpose; and

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19 November 2010

(b) the unit is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer.
23. Regulation 265 replaced
Delete regulation 265 and insert:
265. Use of mobile phones

(1) In this regulation —
body, in relation to a mobile phone, means the part of
the phone that contains the majority of the phone’s
mechanisms;
held includes held by, or resting on, any part of the
driver’s body, but does not include held in a pocket of
the driver’s clothing or in a pouch worn by the driver;
mobile phone does not include a CB radio or any other
two-way radio;
use, in relation to a mobile phone, includes any of the
following actions by the driver of a vehicle —
(a) hold the phone;

(b)

enter or place anything into the phone, or send or look at anything that is in the phone;
(c) turn the phone on or off;
(d) operate any other function of the phone.

(2) A driver of a vehicle must not use a mobile phone
while the vehicle is moving, or is stationary but not
parked, unless —

(a) the phone is being used to make or receive a phone call, other than a text message, video message, email or similar communication, and
the body of the phone —
(i) is secured in a mounting affixed to the vehicle while being so used; or
(ii) is not secured in a mounting affixed to the vehicle and is not being held by the driver, and the use of the phone does not

require the driver, at any time while
using it, to press any thing on the body
of the phone or otherwise to manipulate
any part of the body of the phone;

or

(b) the visual display of the phone is being used as a driver’s aid in accordance with regulation 264 and the use of the phone does not require the
driver, at any time while using it, to press any

19 November 2010 GOVERNMENT GAZETTE, WA 5757
thing on the body of the phone or otherwise to manipulate any part of the body of the phone.

Points: 3 Modified penalty: 5 PU

(3) For the purposes of this regulation, a driver does not
use a mobile phone if —

(a) a text message, video message, email or similar communication is received automatically by the phone; and
(b) on and after the receipt, the communication itself, rather than any indication that the communication has been received, does not become automatically visible on the screen of the phone.

24.           Regulation 284 amended

In regulation 284(4) delete “Regulations 234 and 239 do” and
insert:
Regulation 234 does
25.           Regulation 306 inserted
After regulation 305 insert:
306.         References to pedestrians crossing a carriageway

In these regulations, a reference to a pedestrian
crossing a carriageway includes a reference to a person
who is crossing only part of a carriageway.
Example
A person walking to a median strip or to the middle of a carriageway to display a hand-held stop sign is to be taken to be crossing the carriageway for the purposes of these regulations.

By Command of the Governor,
PETER CONRAN, Clerk of the Executive Council.
———————————

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Citations

Road Traffic Code Amendment Regulations (No. 3) 2010 (WA)

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(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	regulations 22 and 23 — on 1 March 2011;
(c)	the rest of the regulations — on the day after the day on which these regulations are published in the Gazette.

Note:	There are a number of other permitted versions of each of these signs.
Note:	A “shared zone” sign may also have a different number on the sign.

(1)	In regulation 55(3)(b) delete “on” and insert:
who is crossing
(2)	In regulation 55(6)(c) delete “on” and insert:
who is crossing

(1)	In regulation 56(2)(b) delete “on” and insert:
who is crossing
(2)	In regulation 56(4) delete “on” and insert:
who is crossing
(3)	In regulation 56(6)(b) delete “on” and insert:
who is crossing

(2A)	A driver shall not drive past, or overtake, to the left of a vehicle or combination displaying a “do not overtake turning vehicle” sign in any circumstance other than
the one referred to in subregulation (1) unless —

(a)	the driver is driving on a carriageway that has 2 or more marked lanes available exclusively for vehicles travelling in the same direction, the
driver overtakes the vehicle or combination in a marked lane to the left of the vehicle or combination, and it is safe to do so; or
(b)	the vehicle is turning right or making a U turn from the centre of the road and giving a right turn signal, and it is safe to overtake to the left

(c)	the vehicle is stationary and it is safe to overtake to the left of the vehicle or combination.
Points: 2	Modified penalty: 2 PU

(a)	be signed by a medical practitioner; and
(b)	certify the relevant matter referred to in subsection (2A); and
(c)	be current at the time of the alleged offence.

r. 234(2)	r. 234(3)(a)
r. 234(3)(b)	r. 234(4)(a)
r. 234(4)(b)	r. 234(7)(a)
r. 234(13)(a)

(2)	In regulation 234(12) delete “an approved” and insert:
a
(3)	In regulation 234(13) delete “small charter vehicle” (each occurrence) and insert:
omnibus
(4)	In regulation 234(14) delete “an approved” (each occurrence) and insert:
a

(a)	the wearing of a seatbelt; or
(b)	the use of a child restraint or booster seat,

(a)	the passenger referred to in the regulation has a medical certificate certifying the matter referred to in regulation 231(2A)(b); and
(b)	if required to do so, the passenger or driver produces the medical certificate.

(a)	delete “approved” (first occurrence);
(b)	delete “an approved” (each occurrence) and insert:

(b)	enter or place anything into the phone, or send or look at anything that is in the phone;
(c)	turn the phone on or off;
(d)	operate any other function of the phone.

(a)	a text message, video message, email or similar communication is received automatically by the phone; and
(b)	on and after the receipt, the communication itself, rather than any indication that the communication has been received, does not become automatically visible on the screen of the phone.