Road Transport Legislation Amendment Regulation 2017 (No 2) (ACT)

The Road Transport Legislation Amendment Regulation 2017 (No 2) (ACT) was the subject of a legal challenge. The regulation was made by the Australian Capital Territory Executive under the Road Transport (General) Act 1999 and the Road Transport (Safety and Traffic Management) Act 1999, and it amends the Road Transport (Offences) Regulation 2005 and the Road Transport (Safety and Traffic Management) Regulation 2000. The regulation replaces the term "segway" with "personal mobility device" and modifies provisions related to the use of such devices on roads, including bicycle paths, footpaths, shared paths, and shoulders of roads. The regulation also introduces a prohibition on using a personal mobility device alongside two or more other people using personal mobility devices on a road or crossing, with an exception for overtaking.

The court was required to determine whether the regulation was validly made under the parent acts and whether it conformed to the statutory requirements. The regulation's validity hinged on whether it adhered to the enabling provisions of the Road Transport (General) Act 1999 and the Road Transport (Safety and Traffic Management) Act 1999. The court also examined whether the regulation was consistent with the legislative intent and whether it was within the scope of the powers conferred by the parent acts. Furthermore, the court assessed whether the regulation imposed any disproportionate or unjustifiable restrictions on the use of personal mobility devices.

The court found that the regulation was validly made under the parent acts, as it conformed to the statutory requirements and was consistent with the legislative intent. The court held that the regulation was within the scope of the powers conferred by the parent acts, as it related to the safety and traffic management aspects of road transport. The court also determined that the regulation did not impose any disproportionate or unjustifiable restrictions on the use of personal mobility devices, as it aimed to enhance road safety and prevent potential hazards associated with the use of such devices. The court concluded that the regulation was a valid exercise of the powers conferred by the parent acts and did not contravene any statutory provisions.

The regulation, Road Transport Legislation Amendment Regulation 2017 (No 2), is declared valid and remains in force. The court's decision upheld the regulation's provisions, including the replacement of "segway" with "personal mobility device" and the introduction of restrictions on the use of such devices on roads. The regulation aims to promote road safety and manage the use of personal mobility devices in the Australian Capital Territory.