Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) (Road Rules) Variation Regulations 2019 (SA)
South Australia
Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) (Road Rules) Variation Regulations 2019
under the Road Traffic Act 1961
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014
4 Variation of regulation 9A—Giving way, etc, to riders of bicycles on crossings or slip lanes
5 Variation of regulation 9B—Giving way to pedestrians, or riders of bicycles, entering crossings or slip lanes
6 Substitution of regulation 11C
11C Additional circumstances in which lane filtering between vehicles on a motor bike is unlawful
7 Substitution of regulation 32
32 Additional requirements applicable to riders of bicycles on crossings
8 Substitution of regulation 37
37 Exemptions from wearing seatbelts
9 Substitution of regulation 38
38 Approved motor bike helmets
10 Insertion of regulation 43A
43A Exemption for light vehicle drivers from load restraint requirement in rule 292A
Part 1—Preliminary
1—Short title
These regulations may be cited as the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) (Road Rules) Variation Regulations 2019.
2—Commencement
These regulations come into operation on the day on which the Australian Road Rules Variation Rules 2019 come into operation.
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 (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014
4—Variation of regulation 9A—Giving way, etc, to riders of bicycles on crossings or slip lanes
Regulation 9A(d)—delete paragraph (d)
Regulation 9A(i) to (k)—delete paragraphs (i) to (k) (inclusive)
Regulation 9A(n)—delete paragraph (n) and substitute:
(n)in rule 62, 63, 64, 69, 72(4), 72(4A), 73(3), 73(5), 73(5A) or 128A; or
5—Variation of regulation 9B—Giving way to pedestrians, or riders of bicycles, entering crossings or slip lanes
Regulation 9B(a)—delete paragraph (a)
Regulation 9B(c)—delete paragraph (c)
Regulation 9B(d)—delete "or (5)"
Regulation 9B(e)—delete paragraph (e)
6—Substitution of regulation 11C
Regulation 11C—delete the regulation and substitute:
11C—Additional circumstances in which lane filtering between vehicles on a motor bike is unlawful
(1)Despite anything in rule 151A (Lane filtering between vehicles on a motor bike), it will be taken for the purposes of rule 151A(2) to be unlawful for a rider of a motor bike to lane filter along a length of road if any of the following circumstances apply:
(a)the motor bike is a motor bike with 3 wheels (whether the third wheel supports a sidecar or otherwise);
(b)the rider is the holder of a P1 licence or a learner's permit (or an interstate licence or learner's permit that has a condition requiring a plate displaying the letter "P" or the letter "L" to be affixed to the motor bike);
(c)the motor bike is a moped and the rider is not the holder of a licence endorsed with the classification R-DATE or R (or an interstate licence that authorises the riding of a motor bike other than a moped);
(d)the rider is riding through a roundabout, children's crossing or pedestrian crossing;
(e)the rider is riding between vehicles travelling in separate, but adjacent, marked lanes, one of which is a bicycle lane, tram lane or tramway;
(f)the rider is riding at a speed that does not exceed that of the vehicles between which the rider is riding (unless the speed of those vehicles is more then 30 kph);
(g)the rider is riding in a manner that does not seek to avoid collisions (including riding between vehicles with insufficient clearance).
(2)The circumstances referred to in subregulation (1) are in addition to those specified in rule 151A(3).
(3)In this regulation—
interstate learner's permit has the same meaning as in section 97A of the Motor Vehicles Act 1959;
interstate licence, leaner's permit, licence and P1 licence have the same respective meanings as in the Motor Vehicles Act 1959;
moped has the same meaning as in the Motor Vehicles Regulations 2010 but does not include a moped with 3 wheels.
7—Substitution of regulation 32
Regulation 32—delete the regulation and substitute:
32—Additional requirements applicable to riders of bicycles on crossings
(1)Despite anything in rule 248 (Riding across a crossing), it will be taken to be a requirement of subrule (1) of that rule that a rider of a bicycle riding across a road, or part of a road, on a children's crossing, marked foot crossing or pedestrian crossing must, in addition to complying with paragraphs (a) and (b) of subrule (1)—
(a)keep to the left of any oncoming bicycle rider or person riding an electric personal transporter, on the crossing; and
(b)not stay on the crossing for longer than necessary to cross the road safely.
(2)Despite anything in the Rules, the rider of a bicycle who crosses a road or part of a road on a marked foot crossing may cross—
(a)in accordance with rule 231 (Crossing a road at pedestrian lights) (and for that purpose rule 231 applies to the rider as if references to a pedestrian in the rule include a reference to the rider of a bicycle); or
(b)if there are bicycle crossing lights as well as pedestrian lights at the crossing—in accordance with rule 231 or in accordance with rules 260 (Stopping for a red bicycle crossing light), 261 (Stopping for a yellow bicycle crossing light) and 262 (Proceeding when bicycle crossing at an intersection or another place on a road).
8—Substitution of regulation 37
Regulation 37—delete the regulation and substitute:
37—Exemptions from wearing seatbelts
For the purposes of rule 267(3) (Exemptions from wearing seatbelts), a certificate stating that a specified person is not required to wear a seatbelt, indefinitely or for a specified period, may be issued by the Minister on any ground the Minister considers appropriate.
9—Substitution of regulation 38
Regulation 38—delete the regulation and substitute:
38—Approved motor bike helmets
Despite anything in the definition of approved motor bike helmet in rule 270(3) (Wearing motor bike helmets), a helmet is an approved motor bike helmet for the purposes of that definition and the Rules only if the helmet—
(a)is approved for motor bike riders under regulation 51 of the Road Traffic (Miscellaneous) Regulations 2014; and
(b)complies with paragraph (c) of the definition of approved motor bike helmet in rule 270(3).
10—Insertion of regulation 43A
After regulation 43 insert:
43A—Exemption for light vehicle drivers from load restraint requirement in rule 292A
Despite anything in rule 292A (Restricting movement of load), that rule does not apply to the driver of a light vehicle.
Note—
For the driver of a light vehicle, see Schedule 1 clause 7A of the Road Traffic (Light Vehicle Mass and Loading Requirements) Regulations 2013.
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 7 November 2019
No 230 of 2019
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