Road Transport (Safety and Traffic Management) Amendment Regulation 2016 (No 2) (ACT)

Road Transport (Safety and Traffic Management) Amendment Regulation 2016 (No 2)

Subordinate Law SL2016-21

The Australian Capital Territory Executive makes the following regulation under the Road Transport (General) Act 1999 and the Road Transport (Safety and Traffic Management) Act 1999.

Dated 15 August 2016.

Shane Rattenbury

Minister

Meegan Fitzharris

Minister

Road Transport (Safety and Traffic Management) Amendment Regulation 2016 (No 2)

Subordinate Law SL2016-21

made under the

Road Transport (General) Act 1999 and the Road Transport (Safety and Traffic Management) Act 1999

Contents

Page

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

4            Section 30B (1)  1

5            New section 30B (3)  2

6Road Transport (Offences) Regulation 2005
Schedule 1, part 1.2, item 457  2

1. Name of regulation

   This regulation is the Road Transport (Safety and Traffic Management) Amendment Regulation 2016 (No 2).

2. Commencement

   This regulation commences on 1 September 2016.

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

3. Legislation amended

   This regulation amends the Road Transport (Safety and Traffic Management) Regulation 2000.

   NoteThis regulation also amends the Road Transport (Offences) Regulation 2005 (see s 6).

4. Section 30B (1)

   substitute

   (1)For the Australian Road Rules, rule 300 (1) (c), a driver may use a mobile phone while the vehicle is moving, or is stationary but not parked, if—

   (a)the phone is—

   (i)being used to perform a navigational or intelligent highway and vehicle system function; and

   (ii)secured in a mounting affixed to the vehicle; or

   (b)each of the following apply:

   (i)the phone is being used to stream, play or listen to music or audio files;

   (ii)the phone is not being held by the driver;

   (iii)the use of the phone does not require the driver, at any time while using it, to press anything on the body of the phone or to otherwise manipulate any part of the body of the phone.

5. New section 30B (3)

   insert

   (3)In this section:

   mobile phone includes any other wireless hand‑held device designed or capable of being used for telecommunication other than a CB radio or any other 2-way radio.

   Example—other hand-held devices

   iPad or other tablet computer

   NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

6. Road Transport (Offences) Regulation 2005
   Schedule 1, part 1.2, item 457

   substitute

457	300 (1)	driver using mobile phone	20	416	3 (NS)
457A	300 (1)	driver using mobile phone for messaging, social networking, mobile application or accessing internet	20	511	4

Endnotes

1. Notification

   Notified under the Legislation Act on 18 August 2016.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2016