Road Transport (Safety and Traffic Management) Amendment Regulation 2018 (No 1) (ACT)

Road Transport (Safety and Traffic Management) Amendment Regulation 2018 (No 1)

Subordinate Law SL2018-3

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

Dated 10 April 2018.

Shane Rattenbury

Minister

Mick Gentleman

Minister

Road Transport (Safety and Traffic Management) Amendment Regulation 2018 (No 1)

Subordinate Law SL2018-3

made under the

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

Contents

Page

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

4            New section 59  1

5            Section 66 (1), new note  2

Schedule 1 Consequential amendments  3

Part 1.1    Road Transport (Offences) Regulation 2005                   3

Part 1.2    Road Transport (Road Rules) Regulation 2017               5

1. Name of regulation

   This regulation is the Road Transport (Safety and Traffic Management) Amendment Regulation 2018 (No 1).

2. Commencement

   (1)Schedule 1, part 1.1, amendment 1.2 and schedule 1, part 1.2 commence on the commencement of the Road Transport (Road Rules) Regulation 2017.

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

   (2)The remaining provisions commence on 14 April 2018.

3. Legislation amended

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

   NoteThis regulation also amends other legislation (see sch 1).

4. New section 59

   in division 2.3.8, insert

5. Approaching and passing stationary or slow moving emergency vehicle etc

   (1)This section applies if a police vehicle or an emergency vehicle is—

   (a)on a road; and

   (b)stationary or moving slowly; and

   (c)displaying flashing red or blue lights (whether or not it is also displaying other lights or sounding an alarm).

   (2)A driver of a vehicle on the road must—

   (a)approach the police vehicle or emergency vehicle at a speed at which the driver can, if necessary, stop safely before reaching the vehicle; and

   (b)give way to any police officer or emergency worker on foot near the police vehicle or emergency vehicle; and

   (c)pass the police vehicle or emergency vehicle at a speed of not more than—

   (i)40km/h; or

   (ii)if the applicable speed limit at the point the driver passes the police vehicle or emergency vehicle is less than 40km/h—the speed limit; and

   (d)after passing the police vehicle or emergency vehicle, drive at a speed at which the driver can, if necessary, stop safely, until the driver is a sufficient distance past the vehicle that the increase in speed does not risk the safety of any police officer or emergency worker on foot near the vehicle.

   Maximum penalty:  20 penalty units.

   (3)Subsection (2) does not apply if the driver is driving on a road that is divided by a median strip and the police vehicle or emergency vehicle is on the other side of the road and beyond the median strip.

6. Section 66 (1), new note

   insert

   NotePower to make a statutory instrument (including an approval or declaration) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

Schedule 1Consequential amendments

(see s 3)

Part 1.1Road Transport (Offences) Regulation 2005

[1.1]Schedule 1, part 1.13, new items 64A to 64D

insert

64A	59 (2) (a)	not drive at safe stopping speed when approaching stationary/slow moving police vehicle/emergency vehicle	20	257	2
64B	59 (2) (b)	not give way to police officer/emergency worker on foot	20	257	2
64C	59 (2) (c)	drive more than 40km/h or lower required speed limit when passing stationary/slow moving police vehicle/emergency vehicle	20	257	2
64D	59 (2) (d)	not drive at safe stopping speed after passing stationary/slow moving police vehicle/emergency vehicle	20	257	2

[1.2]Schedule 1, part 1.12A, new items 520A to 520D

insert

520A	300C (2) (a)	not drive at safe stopping speed when approaching stationary/slow moving police vehicle/emergency vehicle	20	257	2
520B	300C (2) (b)	not give way to police officer/emergency worker on foot	20	257	2
520C	300C (2) (c)	drive more than 40km/h or lower required speed limit when passing stationary/slow moving police vehicle/emergency vehicle	20	257	2
520D	300C (2) (d)	not drive at safe stopping speed after passing stationary/slow moving police vehicle/emergency vehicle	20	257	2

Part 1.2Road Transport (Road Rules) Regulation 2017

[1.3]New section 300C

in division 18.1, insert

300CApproaching and passing stationary or slow moving emergency vehicle etc

(1)This section applies if a police vehicle or an emergency vehicle is—

(a)on a road; and

(b)stationary or moving slowly; and

(c)displaying flashing red or blue lights (whether or not it is also displaying other lights or sounding an alarm).

(2)A driver of a vehicle on the road must—

(a)approach the police vehicle or emergency vehicle at a speed at which the driver can, if necessary, stop safely before reaching the vehicle; and

(b)give way to any police officer or emergency worker on foot near the police vehicle or emergency vehicle; and

(c)pass the police vehicle or emergency vehicle at a speed of not more than—

(i)40km/h; or

(ii)if the applicable speed limit at the point the driver passes the police vehicle or emergency vehicle is less than 40km/h—the speed limit; and

(d)after passing the police vehicle or emergency vehicle, drive at a speed at which the driver can, if necessary, stop safely, until the driver is a sufficient distance past the vehicle that the increase in speed does not risk the safety of any police officer or emergency worker on foot near the vehicle.

Maximum penalty:  20 penalty units.

(3)Subsection (2) does not apply if the driver is driving on a road that is divided by a median strip and the police vehicle or emergency vehicle is on the other side of the road and beyond the median strip.

Endnotes

1. Notification

   Notified under the Legislation Act on 12 April 2018.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2018