Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Variation Regulations 2008 (SA)

South Australia

Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Variation Regulations 2008

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 1999

1. Variation of regulation 3—Interpretation

2. Substitution of regulations 10 and 10A

   10Vehicles permitted in bus lanes

   10AVehicles not permitted in lanes marked "bus only"

3. Revocation of regulations 23A and 23B

4. Variation of regulation 24—Areas on which wheeled recreational devices and toys prohibited

5. Insertion of regulations 24A and 24B

   24AProhibition of use of motorised scooters

   24BExemption for riders with disabilities

6. Variation of regulation 28—Exemptions from wearing seatbelts

Part 1—Preliminary

1—Short title

These regulations may be cited as the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Variation Regulations 2008.

2—Commencement

1. Subject to subregulation (2), these regulations will come into operation on 29 September 2008.

2. Regulations 4, 5, 6, 7 and 8 will come into operation 4 months after the day on which these regulations 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 (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 1999

4—Variation of regulation 3—Interpretation

Regulation 3—after the definition of the Act insert:

medical practitioner means a person who is a medical practitioner within the meaning of the Medical Practice Act 2004;

5—Substitution of regulations 10 and 10A

Regulations 10 and 10A—delete the regulations and substitute:

10—Vehicles permitted in bus lanes

For the purposes of rule 158(2) (Exceptions to driving in special purpose lanes etc)—

(a)the driver of a taxi is permitted to drive in a bus lane; and

(b)the rider of a bicycle is permitted to ride in a bus lane,

other than a bus lane or portion of a bus lane referred to in regulation 10A.

10A—Vehicles not permitted in lanes marked "bus only"

Despite anything in Part 11 (Keeping left, overtaking and other driving rules) or Part 12 (Restrictions on stopping and parking) of the Rules, a driver (except the driver of a public bus or emergency vehicle) must not drive or stop in a bus lane or other marked lane (or portion of such a lane) the road surface of which is painted red and marked with the words "bus only" in white letters.

Maximum penalty: $2 500.

6—Revocation of regulations 23A and 23B

Regulations 23A and 23B—delete the regulations

7—Variation of regulation 24—Areas on which wheeled recreational devices and toys prohibited

Regulation 24(5)—delete subregulation (5) and substitute:

(5)For the purposes of rule 240(2), wheeled recreational devices are prohibited on all roads in hazardous weather conditions causing reduced visibility.

(6)For the purposes of rule 240(3), wheeled toys are prohibited on all roads at night or in hazardous weather conditions causing reduced visibility.

8—Insertion of regulations 24A and 24B

After regulation 24 insert:

24A—Prohibition of use of motorised scooters

For the purposes of rule 244C (Motorised scooters not to be used), the use of motorised scooters on a road or road‑related area is prohibited.

24B—Exemption for riders with disabilities

(1)A rider of a bicycle who—

(a)is carrying a certificate; and

(b)is complying with any conditions stated in the certificate,

is exempt from complying with rule 248 (No riding across a road on a crossing), rule 250 (Riding on a footpath or shared path), or both, as indicated by the certificate.

(2)In this regulation—

certificate means a certificate that—

(a)is signed by a medical practitioner; and

(b)identifies the rider; and

(c)states that, in the opinion of the medical practitioner, the rider should be permitted —

(i)to ride a bicycle on a footpath; or

(ii)to ride a bicycle across a pedestrian, children's or marked foot crossing; or

(iii)to do both of the above,

on the ground of a physical disability or on any medical ground; and

(d)displays no expiry date or, if it does display an expiry date, has not expired,

and includes such a certificate issued before the commencement of this regulation.

9—Variation of regulation 28—Exemptions from wearing seatbelts

1. Regulation 28(1)—after paragraph (b) insert:

   or

   (c)the vehicle is a truck or bus that has a sleeper compartment and the person is a two-up driver of the truck or bus who is occupying the sleeper compartment for rest purposes.

2. Regulation 28—after subregulation (2) insert:

   (3)In this regulation—

   two-up driver means a person accompanying a driver of a truck or bus on a journey, or part of a journey, who has been, is or will be sharing the task of driving the truck or bus during the journey.

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 25 September 2008

No 263 of 2008

MRS07/005CS