Road Transport Legislation Amendment Regulation 2017 (No 1) (ACT)
Road Transport Legislation Amendment Regulation 2017 (No 1)
Subordinate Law SL2017-14
The Australian Capital Territory Executive makes the following regulation under the Road Transport (General) Act 1999, the Road Transport (Safety and Traffic Management) Act 1999 and the Road Transport (Vehicle Registration) Act 1999.
Dated 7 June 2017.
Shane Rattenbury
Minister
Meegan Fitzharris
Minister
Road Transport Legislation Amendment Regulation 2017 (No 1)
Subordinate Law SL2017-14
made under the
Road Transport (General) Act 1999 and the Road Transport (Safety and Traffic Management) Act 1999 and the Road Transport (Vehicle Registration) Act 1999
Contents
Page
Part 1 Preliminary
1 Name of regulation 1
2 Commencement 1
3 Legislation amended 1
Part 2Road Transport (Offences) Regulation 2005
4 Schedule 1, part 1.13, new items 10A to 10G 2
Part 3Road Transport (Safety and Traffic Management) Regulation 2000
5 Division 2.2.1 heading, note 2 5
6 New section 8A 7
7 Section 22A (2), new definition of pedestrian 8
8 New section 22B 8
9 Section 33 (1), new definition of wheeled recreational device 8
10 New division 2.3.1B 9
11 Dictionary, note 4 12
12 Dictionary, new definitions 12
13 Dictionary, definition of pedestrian 13
14 Dictionary, new definitions 13
15 Dictionary, definition of segway 13
16 Dictionary, new definitions 13
17 Dictionary, definition of wheeled recreational device 14
Part 4Road Transport (Vehicle Registration) Regulation 2000
18 New section 20A 15
19 Section 20A 15
Part 1Preliminary
Name of regulation
This regulation is the Road Transport Legislation Amendment Regulation 2017 (No 1).
Commencement
(1)This regulation (other than sections 11, 15 and 19) commences on 1 July 2017.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
(2)Sections 11, 15 and 19 commence on the commencement of the Road Transport Reform (Light Rail) Legislation Amendment Act 2017, section 3.
Legislation amended
This regulation amends the following legislation:
· Road Transport (Offences) Regulation 2005
· Road Transport (Safety and Traffic Management) Regulation 2000
· Road Transport (Vehicle Registration) Regulation 2000.
Part 2Road Transport (Offences) Regulation 2005
Schedule 1, part 1.13, new items 10A to 10G
insert
| 10A | 38F | person on segway not wear bicycle helmet/fitted/fastened | 20 | 132 |
| 10B | 38G | segway not fitted with warning device | 20 | 132 |
| 10C | 38H | |||
| 10C.1 | · by contravening 38H (b) (i) | white light not fitted/visible on segway/user | 20 | 132 |
| 10C.2 | · by contravening 38H (b) (ii) | red light not fitted/visible on segway/user | 20 | 132 |
| 10C.3 | · by contravening 38H (b) (iii) | red reflectors not fitted/visible on segway/user | 20 | 132 |
| 10D | 38I | |||
| 10D.1 | · by contravening 38I (1) (b) (i) | person on segway not keep left of footpath/shared path | 20 | 132 |
| 10D.2 | · by contravening 38I (1) (b) (ii) | person on segway not give way | 20 | 132 |
| 10E | 38K | person on segway travel in bicycle lane | 20 | 132 |
| 10F | 38L | |||
| 10F.1 | · by contravening 38L (1) (a) | person on segway approach crossing faster than10km/h | 20 | 132 |
| 10F.2 | · by contravening 38L (1) (b) | person on segway not enter crossing safely | 20 | 132 |
| 10F.3 | · by contravening 38L (1) (c) | person on segway travel on crossing faster than 10km/h | 20 | 132 |
| 10F.4 | · by contravening 38L (1) (d) | person on segway not give way to pedestrian on crossing | 20 | 132 |
| 10F.5 | · by contravening 38L (1) (e) | person on segway not keep left on crossing | 20 | 132 |
| 10F.6 | · by contravening 38L (1) (f) | person on segway proceed on marked foot crossing before allowed | 20 | 132 |
| 10G | 38M | person on segway travel alongside more than 1 other person on another segway | 20 | 132 |
Part 3Road Transport (Safety and Traffic Management) Regulation 2000
Division 2.2.1 heading, note 2
substitute
Note 2The following table sets out the provisions of the Australian Road Rules for which provision is made by this part:
column 1
item
column 2
ARR provision
column 3
provision of this regulation
1 10 (2) 8 2 18 8A 3 95 9 4 104 10 5 151 (3) (b) 11 6 158 (2) (c) 12 7 176 12A 8 179 (1) (c) 13 9 179 (1) (c) and (2) (c) 13A 10 183 13B 11 189 13BA 12 195 13C 13 199 (2) 14 14 206 (2) (b) and (c) 15 15 207 (2) (a) 16 16 213 (5) 16A 17 215 (4) 17 18 216 (3) 18 19 220 (3) 19 20 221 (f) 20 21 222 21 22 225 22 23 236 (6) 22A 24 244C 23 25 266 (7) 24 26 270 (3) 26 27 271 (6) 27 28 280 (2) (a) 27A 29 287 (3) (e) and (4) 28 30 289 (1) (g) 29 31 298 30 32 299 30A 33 300 (1) (c) 30B 34 310 (3) and (4) 31 35 313 32 36 dict, def approved bicycle helmet 33 (1) 37 dict, def approved seatbelt 33 (1) 38 dict, def authorised person 33 (1) 39 dict, def emergency worker 33 (1) 40 dict, def GVM 33 (2) 41 dict, def hazard warning lights 33 (3) 42 dict, def mechanical signalling device 33 (1) 43 dict, def oversize vehicle 33 (1) 44 dict, def police officer 33 (1) 45 dict, def portable warning triangle 33 (4) 46 dict, def postal worker 33 (1) 47 dict, def public bus 33 (1) 48 dict, def taxi 33 (1) 49 dict, def wheeled recreational vehicle 33 (1)
New section 8A
insert
8AARR r 18—who is a pedestrian
Despite the Australian Road Rules, rule 18, a pedestrian includes—
(a)a person driving a motorised wheelchair that cannot travel at over 10 km/h (on level ground); and
(b)a person in a non-motorised wheelchair; and
(c)a person pushing a motorised or non-motorised wheelchair; and
(d)a person in or on a wheeled recreational device or wheeled toy; and
(e)a person in or on a segway.
Section 22A (2), new definition of pedestrian
insert
pedestrian does not include a person in or on a segway, wheeled recreational device or wheeled toy.
New section 22B
insert
22BARR r 238—pedestrians travelling along a road (except in or on a wheeled recreational device or toy)
Despite the Australian Road Rules, rule 238 (2) (ab), a person in or on a segway travelling along a road must not, when moving forward, face approaching traffic that is moving in the direction opposite to which the person is travelling.
Section 33 (1), new definition of wheeled recreational device
insert
wheeled recreational device means a wheeled device, built to transport a person, propelled by human power or gravity, and ordinarily used for recreation or play, and—
(a)includes rollerblades, rollerskates, a skateboard, scooter (including a motorised scooter, whether or not the motor is operating), unicycle or similar wheeled device; but
(b)does not include a golf buggy, pram, stroller or trolley, segway or other motor-assisted device (other than a motorised scooter, whether or not the motor is operating), a bicycle, wheelchair or wheeled toy.
New division 2.3.1B
insert
Division 2.3.1B People using segways
38EDefinitions—div 2.3.1B
In this division:
footpath—see the Australian Road Rules, dictionary.
shared path—see the Australian Road Rules, rule 242 (2).
use, a segway, means travel in or on the segway.
38FPerson using segway must wear bicycle helmet
A person using a segway must wear an approved bicycle helmet securely fitted and fastened on the user’s head.
Maximum penalty: 20 penalty units.
NoteApproved bicycle helmet—see s 33 (1).
38GWarning device on segway
A person must not use a segway if the segway is not fitted with a bell, horn or similar warning device that is in working order.
Maximum penalty: 20 penalty units.
38HSegway use at night
A person commits an offence if—
(a)the person uses a segway at night or in hazardous weather conditions causing reduced visibility; and
(b)the person fails to display, on themself or the segway—
(i)a flashing or steady white light that is clearly visible for at least 200m from the front of the segway; or
(ii)a flashing or steady red light that is clearly visible for at least 200m from the rear of the segway; or
(iii)a red reflector that is clearly visible for at least 50m from the rear of the segway when light is projected onto it by a vehicle’s headlight on low-beam.
Maximum penalty: 20 penalty units.
38ISegway use on footpaths or shared paths
(1) A person commits an offence if—
(a)the person uses a segway on a footpath or shared path; and
(b)the person fails to—
(i)keep to the left of the footpath or shared path; or
(ii)give way to another pedestrian (except another pedestrian using a segway) who is on the footpath or shared path.
Maximum penalty: 20 penalty units.
(2)Subsection (1) (b) (i) does not apply if it is not practicable to travel on the left of the footpath or shared path.
38KSegway not to be used in bicycle lane on a road
(1)A person must not use a segway in a bicycle lane on a length of road.
Maximum penalty: 20 penalty units.
(2)Subsection (1) does not apply if—
(a)there is no footpath, nature strip or shared path adjacent to the road (an adjacent area); or
(b)it is impracticable to travel on the adjacent area.
38LSegway used to cross road on crossing
(1)A person using a segway to cross a road, or part of a road, on a crossing commits an offence if the person—
(a)approaches the crossing faster than 10km/h; or
(b)fails to look for approaching traffic and has not prepared to stop before starting to cross at the crossing; or
(c)travels faster than 10km/h on the crossing; or
(d)fails to give way to other pedestrians on the crossing; or
(e)fails to keep to the left of any oncoming bicycle or other pedestrian; or
(f)on a marked foot crossing—starts to cross the road if the crossing is not showing a green pedestrian crossing light.
Maximum penalty: 20 penalty units.
(2)In this section:
crossing means any of the following:
(a)a children’s crossing;
(b)a marked foot crossing;
(c)a pedestrian crossing.
38MSegway use alongside more than 1 other person using segway
(1)A person must not use a segway on a road or crossing alongside 2 or more other people using segways.
Maximum penalty: 20 penalty units.
(2)Subsection (1) does not apply if the person is overtaking the other people.
(3)In this section:
crossing—see section 38L (2).
line of traffic—see the Australian Road Rules, dictionary.
marked lane—see the Australian Road Rules, dictionary.
overtake, for a segway user, means the action of—
(a)approaching from behind another segway user travelling in the same marked lane or line of traffic; and
(b)moving into an adjacent marked lane or part of the road on which there is room for a line of traffic (whether or not the lane or part of the road is for segway users travelling in the same direction); and
(c)passing the other segway user while travelling in the adjacent marked lane or line of traffic.
road does not include a road-related area, but includes a bicycle path, footpath, shared path and a shoulder of a road.
Dictionary, note 4
insert
· segway
Dictionary, new definitions
insert
children’s crossing—see the Australian Road Rules, rule 80 (6).
footpath, for division 2.3.1B (People using segways)—see section 38E.
marked foot crossing—see the Australian Road Rules, dictionary.
Dictionary, definition of pedestrian
substitute
pedestrian—see section 8A.
Dictionary, new definitions
insert
pedestrian crossing—see the Australian Road Rules, rule 81 (3).
segway means a vehicle that—
(a)is designed to be self-balancing while a person travels in or on the vehicle; and
(b)is propelled by an electric motor; and
(c)has 2 wheels that operate on a single axis; and
(d)has a platform anywhere between the 2 wheels for the person’s feet; and
(e)has handles mounted on an upright post.
Dictionary, definition of segway
omit
Dictionary, new definitions
insert
shared path, for division 2.3.1B (People using segways)—see section 38E.
use, of a segway, for division 2.3.1B (People using segways)—see section 38E.
Dictionary, definition of wheeled recreational device
substitute
wheeled recreational device—see section 33 (1).
Part 4Road Transport (Vehicle Registration) Regulation 2000
New section 20A
insert
20ASegways
(1)The registration provisions do not apply to a segway.
(2)In this section:
segway—see the Road Transport (Safety and Traffic Management) Regulation 2000, dictionary.
Section 20A
omit
Endnotes
Notification
Notified under the Legislation Act on 13 June 2017.
Republications of amended laws
For the latest republication of amended laws, see align="center">© Australian Capital Territory 2017
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