Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Variation Regulations 2013 (SA)

South Australia

Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Variation Regulations 2013

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

4            Variation of regulation 6—Prescribed provisions for purposes of sections 35, 174A, 174B, 174C and 174D of Act

5            Variation of regulation 9—Road trains

6            Variation of regulation 9A—Speed limits applying to driving of road trains

7           Substitution of regulation 21

21          Lights to be fitted to vehicles

8            Variation of regulation 33—Prohibition of use of mobile phone by holder of learner's permit, P1 licence etc

9            Variation of regulation 35—Vehicles that may be towed away etc

10          Substitution of regulations 40 to 42

40          Hazard warning lights

41          Mechanical signalling devices

42          Oversize vehicles

Part 1—Preliminary

1—Short title

These regulations may be cited as the Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Variation Regulations 2013.

2—Commencement

These regulations will come into operation on the day on which Part 3 of the Statutes Amendment (Heavy Vehicle National Law) Act 2013 comes 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 1999

4—Variation of regulation 6—Prescribed provisions for purposes of sections 35, 174A, 174B, 174C and 174D of Act

Regulation 6(1)(a)—delete "(Authorised officers)" and substitute:

(Appointment of authorised officers)

5—Variation of regulation 9—Road trains

Regulation 9—delete "Road Traffic (Mass and Loading Requirements) Regulations 1999" and substitute:

Road Traffic (Miscellaneous) Regulations 1999

6—Variation of regulation 9A—Speed limits applying to driving of road trains

Regulation 9A(4)—delete "Road Traffic (Mass and Loading Requirements) Regulations 1999" and substitute:

Road Traffic (Miscellaneous) Regulations 1999

7—Substitution of regulation 21

Regulation 21—delete the regulation and substitute:

21—Lights to be fitted to vehicles

For the purposes of rule 215(4) (Using lights when driving at night or in hazardous weather conditions) and rule 220(3) (Using lights on vehicles that are stopped), the lights required to be fitted to a vehicle are—

(a)in the case of a heavy vehicle—those required to be fitted to the vehicle under the Heavy Vehicle (Vehicle Standards) National Regulation (South Australia); or

(b)in the case of a light vehicle—those required to be fitted to the vehicle under the Road Traffic (Light Vehicle Standards) Rules 2013.

8—Variation of regulation 33—Prohibition of use of mobile phone by holder of learner's permit, P1 licence etc

Regulation 33(2)(b)—delete "Road Transport (Driver Licensing) Act 1998" and substitute:

Road Transport Act 2013

9—Variation of regulation 35—Vehicles that may be towed away etc

1. Regulation 35(a)—before "remove" insert:

   move or

2. Regulation 35(a)—after subparagraph (ii) insert:

   (iia)section 22 of the Heavy Vehicle National Law (South Australia) Act 2013; or

   (iib)section 518 or 519 of the Heavy Vehicle National Law (South Australia); or

3. Regulation 35(b)—before "remove" insert:

   move or

10—Substitution of regulations 40 to 42

Regulations 40 to 42 (inclusive)—delete the regulations and substitute:

40—Hazard warning lights

For the purposes of the Rules and the definition of hazard warning lights in the dictionary at the end of the Rules, the lights referred to in the definition are—

(a)in the case of a heavy vehicle—lights of a kind referred to in the Heavy Vehicle (Vehicle Standards) National Regulation (South Australia);

(b)in the case of a light vehicle—lights of a kind referred to in the Road Traffic (Light Vehicle Standards) Rules 2013.

41—Mechanical signalling devices

For the purposes of the Rules and the definition of mechanical signalling device in the dictionary at the end of the Rules—

(a)in the case of a heavy vehicle—mechanical signalling devices conforming to the requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (South Australia) are mechanical signalling devices;

(b)in the case of a light vehicle—mechanical signalling devices conforming to the requirements of the Road Traffic (Light Vehicle Standards) Rules 2013 are mechanical signalling devices.

42—Oversize vehicles

For the purposes of the Rules and the definition of oversize vehicle in the dictionary at the end of the Rules, vehicles are oversize vehicles if oversize and travelling under a mass or dimension exemption within the meaning of the Heavy Vehicle National Law (South Australia).

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 19 December 2013

No 302 of 2013

MTR13/026CS