Road Transport Legislation Amendment Regulation 2019 (No 1) (ACT)

Case

Road Transport Legislation Amendment Regulation 2019 (No 1)

Subordinate Law SL2019-31

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 18 December 2019.

Shane Rattenbury

Minister

Chris Steel

Minister

Road Transport Legislation Amendment Regulation 2019 (No 1)

Subordinate Law SL2019-31

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 (Road Rules) Regulation 2017

4            Section 18A, definition of personal mobility device  2

5            Section 203 (1) (a) and (b)  3

6            Section 206 (1) (a) and (b)  3

7           Section 213U (a)  3

8            New section 213U (2)  3

9            Section 215 (1) (a)  4

10          Section 217 (2), definition of rear fog light  4

11          Section 236 (4)  4

12          Section 236 (6), definition of pedestrian  4

13          Sections 244A and 244C  4

14          New sections 244FA and 244FB  5

15          New section 244GA  6

16          New section 244H (2)  8

17          New sections 244HA and 244HB  8

18          Section 244I  9

19          New section 256 (4)  9

20          New section 257 (1A)  10

21          Section 287 (4), definition of required particulars, paragraph (a) (i) and (ii) 10

22          Section 299 (2) (c), examples  11

23          Section 300 (1) (a)  11

24          New section 300 (1) (ac)  11

25          Section 300 (4), new definition of audio call  12

26          Section 300 (4), definition of audio phone call  12

27          Dictionary, definition of mobility parking scheme authority                   12

28          Dictionary, definition of motorised scooter  12

29          Dictionary, definition of motor vehicle  12

30          Dictionary, definition of motor vehicle, new note  12

31          Dictionary, definition of parking permit for people with disabilities          13

32          Dictionary, definition of scooter  13

33          Dictionary, definition of wheeled recreational device, paragraph (a)       13

34          Dictionary, definition of wheeled recreational device, paragraph (b)       13

35          Dictionary, definition of wheeled toy  13

Part 3Road Transport (Safety and Traffic Management) Regulation 2017

36          Section 26 (3) (e)  14

37          Section 65 (4), definition of scooter  14

Part 4Road Transport (Vehicle Registration) Regulation 2000

38          New section 32 (1) (c) (v) and (vi)  15

39          New section 32 (4)  15

40          New section 84 (1) (da) and (db)  16

41          Section 84 (2), new definitions  16

42          Section 85 (5) (d)  16

43          Section 146 (2)  16

44          Section 146 (4)  17

45          Schedule 1, part 1.5, section 1.43 examples, new dot point                17

46          Schedule 1, part 1.11, section 1.151 (2) and (3)  17

Schedule 1 Consequential amendments—Road Transport (Offences) Regulation 2005  18

Part 1Preliminary

  1. Name of regulation

    This regulation is the Road Transport Legislation Amendment Regulation 2019 (No 1).

  2. Commencement

    (1)This regulation (other than part 4) commences on 20 December 2019.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

    (2)Part 4 (Road Transport (Vehicle Registration) Regulation 2000) commences on 13 January 2020.

  3. Legislation amended

    This regulation amends the following legislation:

    ·     Road Transport (Road Rules) Regulation 2017

    ·     Road Transport (Safety and Traffic Management) Regulation 2017

    ·     Road Transport (Vehicle Registration) Regulation 2000.

    NoteThis regulation also amends the Road Transport (Offences) Regulation 2005 (see sch 1).

Part 2Road Transport (Road Rules) Regulation 2017

  1. Section 18A, definition of personal mobility device

    substitute

    personal mobility device—

    (a)means a device—

    (i)propelled by an electric motor; and

    (ii)designed for use by only 1 person; and

    (iii)weighing not more than 60kg unladen; and

    (iv)with 1 or more wheels; and

    (v)with a brake system; and

    (vi)that cannot travel faster than 25km/h on level ground; and

    (vii)with dimensions not more than—

    (A)1 250mm in length; and

    (B)700mm in width; and

    (C)1 350mm in height; but

    (b)does not include a motorised wheelchair.

    Examples—par (a) (i)

    ·     a segway-like device

    ·     an electric scooter

    ·     an electrically propelled skateboard

    NotePersonal mobility device does not include wheeled recreational devices or wheeled toys because they are not propelled by electric motors.

  2. Section 203 (1) (a) and (b)

    substitute

    (a)the driver displays in or on the vehicle a current mobility parking scheme authority; and

    (b)the driver complies with the conditions (if any) of the authority.

  3. Section 206 (1) (a) and (b)

    substitute

    (a)the driver displays in or on the vehicle a current mobility parking scheme authority; and

    (b)the driver complies with the conditions (if any) of the authority.

  4. Section 213U (a)

    omit

    , changes, damages, defaces

  5. New section 213U (2)

    insert

    (2)A person commits an offence if the person displays in or on a vehicle—

    (a)a copy of a parking permit or mobility parking scheme authority; or

    (b)a parking permit or mobility parking scheme authority that has been changed, damaged or defaced.

    Maximum penalty:  20 penalty units.

  6. Section 215 (1) (a)

    omit

    number plate

    substitute

    numberplate

  7. Section 217 (2), definition of rear fog light

    omit

    number plate

    substitute

    numberplate

  8. Section 236 (4)

    after

    A pedestrian

    insert

    (other than a person travelling in or on a personal mobility device, wheeled recreational device or wheeled toy)

  9. Section 236 (6), definition of pedestrian

    omit

  10. Sections 244A and 244C

    omit

  11. New sections 244FA and 244FB

    insert

244FATravelling in or on personal mobility device on bicycle path or separated footpath

(1)A person travelling in or on a personal mobility device must not be on a part of a separated footpath designated for the use of pedestrians unless the person—

(a)is crossing the separated footpath by the shortest safe route; and

(b)does not stay on the separated footpath for longer than necessary to cross the separated footpath safely.

Maximum penalty:  20 penalty units.

(2)A person travelling in or on a personal mobility device on a bicycle path, or a part of a separated footpath designated for the use of bicycles, must keep out of the path of any bicycle.

Maximum penalty:  20 penalty units.

244FBSpeed limit travelling in or on personal mobility device

A person travelling in or on a personal mobility device commits an offence if the person travels faster than—

(a)if the person is travelling on a footpath—15km/h; or

(b)in any other case—25km/h.

Maximum penalty:  20 penalty units.

  1. New section 244GA

    insert

244GAUse of mobile device in or on personal mobility device

(1)A person commits an offence if the person uses a mobile device while travelling in or on a personal mobility device.

Maximum penalty:  20 penalty units.

(2)Subsection (1) does not apply if—

(a)the mobile device is being used as a driver’s aid and, while being used for that purpose, both of the following apply:

(i)the body of the mobile device is secured in a mounting affixed to the personal mobility device;

(ii)the use of the device does not require the person to press anything on the body of the mobile device or otherwise manipulate any part of the body of the mobile device;

Examples—driver’s aids

·dispatch systems

·navigational or intelligent highway and vehicle system equipment

·rear-view screens

(b)the mobile device is being used to stream or play music or audio files and, while being used for that purpose, both of the following apply:

(i)the body of the mobile device is not being held by the person;

(ii)the use of the mobile device does not require the person to press anything on the body of the mobile device or otherwise manipulate any part of the body of the mobile device.

NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

(3)For this section, a person does not use a mobile device to receive a text message, video message, email or similar communication if—

(a)the communication is received automatically by the mobile device; and

(b)on and after receipt, the communication itself (rather than any indication that the communication has been received) does not become automatically visible on the screen of the mobile device.

(4)In this section:

body, in relation to a mobile device—see section 300 (4).

held—

(a)includes held by, or resting on, any part of the person’s body; but

(b)does not include—

(i)held in a pocket of the person’s clothing or in a pouch worn by the person; or

(ii)for a mobile device that is a wearable device—worn by the person in the manner intended by the manufacturer.

mobile device—see section 300 (4).

use, in relation to a mobile device—section 300 (4).

  1. New section 244H (2)

    insert

    (2)This section does not apply if—

    (a)the person is a member of a religious group; and

    (b)the person is wearing a type of headdress customarily worn by members of the group; and

    (c)the wearing of the headdress makes it impractical for the person to wear an approved bicycle helmet.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

  2. New sections 244HA and 244HB

    insert

244HACarrying passenger in or on personal mobility device

A person commits an offence if the person—

(a)travels in or on a personal mobility device; and

(b)another person is in or on the device.

Maximum penalty:  20 penalty units.

244HBChild using personal mobility device

A child under 12 years old may only use a personal mobility device with adult supervision.

  1. Section 244I

    substitute

244IWarning device—personal mobility device

A person travelling in or on a personal mobility device commits an offence if—

(a)a bell, horn or similar warning device in working order is not fitted to the personal mobility device; or

(b)if it is not reasonably practicable for a bell, horn or similar warning device to be fitted to the personal mobility device—the person does not have ready access to a bell, horn or similar warning device in working order.

Maximum penalty:  20 penalty units.

  1. New section 256 (4)

    insert

    (4)This section does not apply if—

    (a)the person required to wear the helmet is a member of a religious group; and

    (b)the person is wearing a type of headdress customarily worn by members of the group; and

    (c)the wearing of the headdress makes it impractical for the person to wear an approved bicycle helmet.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).

  2. New section 257 (1A)

    insert

    (1A)Subsection (1) (d) does not apply if—

    (a)the person is a member of a religious group; and

    (b)the person is wearing a type of headdress customarily worn by members of the group; and

    (c)the wearing of the headdress makes it impractical for the person to wear an approved bicycle helmet.

    NoteThe defendant has an evidential burden in relation to the matters mentioned in s (1A) (see Criminal Code, s 58).

  3. Section 287 (4), definition of required particulars, paragraph (a) (i) and (ii)

    substitute

    (i)the driver’s name and 1 or more of the following:

    (A)the driver’s address;

    (B)the driver’s phone number;

    (C)the driver’s email address; and

    (ii)if the driver is not the owner of the vehicle—the owner’s name and 1 or more of the following:

    (A)the owner’s address;

    (B)the owner’s phone number;

    (C)the owner’s email address; and

  4. Section 299 (2) (c), examples

    substitute

    Example—par (bb)

    rideshare driver’s mobile device showing passenger information

    Example—par (c)

    taxi driver’s visual display unit showing passenger information

    Examples—driver’s aids

    ·     closed‑circuit television security cameras

    ·     dispatch systems

    ·     navigational or intelligent highway and vehicle system equipment

    ·     rear-view screens

    ·     ticket‑issuing machines

    ·     vehicle monitoring devices

  5. Section 300 (1) (a)

    omit

    audio device call

    substitute

    audio call

  6. New section 300 (1) (ac)

    insert

    (ac)the driver is driving a taxi, rideshare vehicle or hire car and—

    (i)the device is being used as a driver’s aid in relation to the transport of passengers; and

    (ii)the body of the device is secured in a mounting affixed to the vehicle while being used; or

  7. Section 300 (4), new definition of audio call

    insert

    audio call does not include an email, text message, video call, video message or other similar communication.

  8. Section 300 (4), definition of audio phone call

    omit

  9. Dictionary, definition of mobility parking scheme authority

    substitute

    mobility parking scheme authority—

    (a)has the same meaning as in the Road Transport (Safety and Traffic Management) Regulation 2017; and

    (b)includes a permit (however described) issued under the law of another jurisdiction that includes a people with disabilities symbol.

  10. Dictionary, definition of motorised scooter

    omit

  11. Dictionary, definition of motor vehicle

    omit

    (other than a motorised scooter)

  12. Dictionary, definition of motor vehicle, new note

    insert

    NoteVehicle does not include a personal mobility device (see s 15).

  13. Dictionary, definition of parking permit for people with disabilities

    omit

  14. Dictionary, definition of scooter

    omit

  15. Dictionary, definition of wheeled recreational device, paragraph (a)

    omit

    (including a motorised scooter, whether or not the motor is operating)

  16. Dictionary, definition of wheeled recreational device, paragraph (b)

    omit

    (other than a motorised scooter, whether or not the motor is operating)

  17. Dictionary, definition of wheeled toy

    substitute

    wheeled toy means a child’s pedal car, scooter or tricycle or a similar toy (other than a motorised toy), but only when it is being used by a child who is under 12 years old.

Part 3Road Transport (Safety and Traffic Management) Regulation 2017

  1. Section 26 (3) (e)

    omit

    number plate

    substitute

    numberplate

  2. Section 65 (4), definition of scooter

    omit

Part 4Road Transport (Vehicle Registration) Regulation 2000

  1. New section 32 (1) (c) (v) and (vi)

    insert

    (v)words or images that a reasonable adult would consider indecent, insulting or offensive are displayed on an area of the vehicle greater than 297mm x 105mm; or

    (vi)the vehicle is subject to a compulsory recall notice or voluntary recall notice; or

  2. New section 32 (4)

    insert

    (4)For subsection (1)—

    (a)a vehicle is subject to a compulsory recall notice if a recall notice has been issued under the Australian Consumer Law (ACT), section 122 (Compulsory recall of consumer goods) in relation to the vehicle or a part of the vehicle; and

    (b)a vehicle is subject to a voluntary recall notice if—

    (i)a person has voluntarily recalled the vehicle or a part of the vehicle; and

    (ii)the recall has been published on a website under the Australian Consumer Law (ACT), section 128 (Notification requirements for a voluntary recall of consumer goods); and

    (iii)the road transport authority is satisfied the recall relates to a significant road safety risk; and

    (iv)reasonable steps have not been taken in relation to the vehicle or part to address the road safety risk.

  3. New section 84 (1) (da) and (db)

    insert

    (da)words or images that a reasonable adult would consider indecent, insulting or offensive are displayed on an area of the vehicle greater than 297mm x 105mm; or

    (db)the vehicle is subject to a compulsory recall notice or voluntary recall notice; or

  4. Section 84 (2), new definitions

    insert

    subject to a compulsory recall notice—see section 32 (4) (a).

    subject to a voluntary recall notice—see section 32 (4) (b).

  5. Section 85 (5) (d)

    omit

    section 84 (f)

    substitute

    section 84 (1) (g)

  6. Section 146 (2)

    substitute

    (2)The proprietor of the approved premises where the vehicle is tested or inspected must—

    (a)give the certificate to the road transport authority; and

    (b)if the driver of the vehicle requests a copy of the certificate—give a copy to the driver.

  7. Section 146 (4)

    substitute

    (4)The proprietor must keep a copy of the certificate and the brake test results for the vehicle—

    (a)for at least 12 months; and

    (b)in a way that can be made available for the road transport authority to inspect on request.

  8. Schedule 1, part 1.5, section 1.43 examples, new dot point

    after 4th dot point, insert

    ·     taxi driver’s visual display unit showing passenger information

  9. Schedule 1, part 1.11, section 1.151 (2) and (3)

    omit

    number plates

    substitute

    numberplates

Schedule 1Consequential amendments—Road Transport (Offences) Regulation 2005

(see s 3)

[1.1]Schedule 1, part 1.12A, item 323

substitute

323 213U (1) remove/interfere with parking permit/mobility parking scheme authority 20 615
323A 213U (2) (a) display copy of parking permit/mobility parking scheme authority 20 615
323B 213U (2) (b) display changed/damaged/defaced parking permit/mobility parking scheme authority 20 615

[1.2]Schedule 1, part 1.12A, item 324, column 3

omit

number plate

substitute

numberplate

[1.3]Schedule 1, part 1.12A, item 400

omit

[1.4]Schedule 1, part 1.12A, new items 406A to 406C

insert

406A 244FA (1) use personal mobility device on pedestrian part of separated path 20 153
406B 244FA (2) person on personal mobility device obstruct bicycle on bicycle path/bicycle part of separated path 20 153
406C 244FB person on personal mobility device exceed speed limit 20 153

[1.5]Schedule 1, part 1.12A, new item 411A

insert

411A 244GA (1) person on personal mobility device use mobile device 20 480

[1.6]Schedule 1, part 1.12A, item 413

substitute

413 244HA person on personal mobility device with another person 20 153
413A 244I personal mobility device not fitted with working warning device/person not carry working warning device 20 153

Endnotes

  1. Notification

    Notified under the Legislation Act on 19 December 2019.

  2. Republications of amended laws

    For the latest republication of amended laws, see align="center">© Australian Capital Territory 2019

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