Road Traffic (Miscellaneous) Variation Regulations 2004 (SA)

South Australia

Road Traffic (Miscellaneous) Variation Regulations 2004

under the Road Traffic Act 1961

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Road Traffic (Miscellaneous) Regulations 1999

1. Variation of regulation 4—Interpretation

2. Variation of regulation 14—Apparatus approved as photographic detection devices

3. Variation of regulation 15—Prescribed provisions for purposes of section 79B

4. Variation of regulation 17—Operation and testing of certain photographic detection devices for certain offences committed at intersections, marked foot crossings or level crossings

5. Variation of regulation 18—Operation and testing of certain photographic detection devices for certain red light offences committed at intersections

6. Substitution of Schedule 4

   Schedule 4—Notice

Part 1—Preliminary

1—Short title

These regulations may be cited as the Road Traffic (Miscellaneous) Variation Regulations 2004.

2—Commencement

These regulations come into operation on the day on which they are made.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Road Traffic (Miscellaneous) Regulations 1999

4—Variation of regulation 4—Interpretation

1. Regulation 4—after the definition of GVM insert:

   level crossing offence means an offence against rule 123(a) of the Australian Road Rules constituted of entering a level crossing while warning lights are operating;

2. Regulation 4, definition of red light offence—delete the definition and substitute:

   red light offence means an offence against rule 56(1), 56(2), 59(1) or 60 of the Australian Road Rules;

5—Variation of regulation 14—Apparatus approved as photographic detection devices

1. Regulation 14(a)—after "offence" second occurring insert:

   , a level crossing offence

2. Regulation 14(b)—delete "a red light offence (other than a red light offence arising out of the same incident as a speeding offence)" and substitute:

   an offence against rule 59(1) of the Australian Road Rules (other than such an offence arising out of the same incident as a speeding offence)

6—Variation of regulation 15—Prescribed provisions for purposes of section 79B

Regulation 15(b)(ii) and (iii)—delete subparagraphs (ii) and (iii) and substitute:

(ii)rule 56(1) (Stopping for a red traffic light);

(iii)rule 56(2) (Stopping for a red traffic arrow);

(iv)rule 59(1) (Proceeding through a red traffic light);

(v)rule 60 (Proceeding through a red traffic arrow);

(vi)rule 123(a) (Entering a level crossing when a train or tram is approaching etc);

7—Variation of regulation 17—Operation and testing of certain photographic detection devices for certain offences committed at intersections, marked foot crossings or level crossings

1. Regulation 17(1), definition of relevant offences—delete the definition and substitute:

   relevant offences means—

   (a)red light offences committed at an intersection or marked foot crossing; or

   (b)speeding offences committed at an intersection, marked foot crossing or level crossing; or

   (c)red light offences and speeding offences arising out of the same incidents committed at an intersection or marked foot crossing; or

   (d)level crossing offences;

   traffic light means a traffic light or traffic arrow as defined in the Australian Road Rules.

2. Regulation 17(2)—delete "committed at an intersection"

3. Regulation 17(2)(a) and (b)—delete paragraphs (a) and (b) and substitute:

   (a)the camera forming part of the device must be positioned and aimed so that the vehicles to be photographed by the camera may be photographed from the rear when proceeding into the intersection, or over the marked foot crossing or level crossing, as the case may be, and the photographs also depict the traffic light or warning lights towards which the vehicles are facing when proceeding towards the intersection or crossing;

   (b)the induction loop vehicle detector (induction loop) must be installed—

   (i)in the case of an intersection or marked foot crossing—under the road surface on the intersection or crossing side of the stop line before which vehicles must stop if the traffic light is showing a steady red signal; or

   (ii)in the case of a level crossing—under the road surface on the crossing side of the entrance to the crossing;

4. Regulation 17(2)(c)—after "traffic light" insert:

   or warning lights

5. Regulation 17(2)(d)—after "red light" insert:

   or level crossing

6. Regulation 17(2)(d)—after "traffic light" insert:

   or warning lights

7. Regulation 17(2)(d)(i)—delete subparagraph (i) and substitute:

   (i)each time that the traffic light changes to a steady red signal, or the warning lights commence operating, as the case may be, the induction loop is activated after a programmed delay and each time that the traffic light changes from a steady red signal, or the warning lights cease operating, as the case may be, the induction loop is deactivated; and

8. Regulation 17(2)(d)(iii)—after "intersection" insert:

   or crossing

9. Regulation 17(2)(e)(iii)—after "intersection" insert:

   or crossing

10. Regulation 17(2)(f)(i)—after "intersection" insert:

    or crossing

11. Regulation 17(2)(h)—after "red light" insert:

    or level crossing

12. Regulation 17(2)(h)(i)—delete "(by reference to green light cycles)"

13. Regulation 17(2)(i)(iii)—after "red light" insert:

    or level crossing

14. Regulation 17(2)(j)(iii)—after "by" insert:

    the

8—Variation of regulation 18—Operation and testing of certain photographic detection devices for certain red light offences committed at intersections

Regulation 18—delete "red light offences committed at an intersection" and substitute:

offences against rule 59(1) of the Australian Road Rules

9—Substitution of Schedule 4

Schedule 4—delete Schedule 4 and substitute:

Schedule 4—Notice

(Section 79B(5) and (6))

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 18 March 2004

No 15 of 2004

2003/05712/CTSA01