Road Transport (Safety and Traffic Management) Amendment Regulations 2002 (ACT)

Case

Road Transport (Safety and Traffic Management) Amendment Regulations 2002

Subordinate Law 2002 No 7

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

Dated 9 April 2002.

Bill Wood

Minister

Simon Corbell

Minister

Road Transport (Safety and Traffic Management) Amendment Regulations 2002

Subordinate Law 2002 No 7

made under the

Road Transport (Safety and Traffic Management) Act 1999

Contents

Page

Part 1Preliminary

  1. Name of regulations  1

  2. Commencement  1

  3. Regulations amended  1

Part 2Amendments of the Road Transport (Safety and Traffic Management) Regulations 2000

  1. New regulation 51 (1A)  2

  2. Regulation 51 (2)  2

  3. Regulation 51  3

  4. Regulation 71  3

  5. New regulations 75A and 75B, division 3.1.2  3

  6. Regulation 76, heading  4

  7. New regulation 76A  5

  8. Regulation 80 (1)  5

  9. New regulation 97A, division 3.1.4  6

  10. Regulation 98 (1) and (2)  6

  11. New regulations 98A and 98B  7

  12. Dictionary, new definitions of area of operations, parking authority and parking authority guidelines  7

  13. Dictionary, definition of parking ticket  8

Part 3Amendment of the Road Transport (General) Regulations 2000

  1. Schedule 1, part 1.10  9

Part 1Preliminary

  1. Name of regulations

    These regulations are the Road Transport (Safety and Traffic Management) Amendment Regulations 2002.

  2. Commencement

    These regulations commence on the day after their notification day.

  3. Regulations amended

  4. Part 2 amends the Road Transport (Safety and Traffic Management) Regulations 2000.

  5. Part 3 amends the Road Transport (General) Regulations 2000.

Part 2Amendments of the Road Transport (Safety and Traffic Management) Regulations 2000

  1. New regulation 51 (1A)

    insert

(1A)    If a parking authority decides that the use of a ticket parking area, or ticket parking space, within its area of operations should be temporarily discontinued, the authority may close the area or space by—

(a)for the closure of a ticket parking area—installing a sign, at or near each traffic sign applying to the area, that displays words to the effect that the area is closed; or

(b)for the closure of a ticket parking space—installing a sign, at or near the space, that displays words to that effect.

NoteReg 75A provides for the road transport authority to declare parking authorities and reg 76A provides for the operation of ticket parking schemes by parking authorities.

  1. Regulation 51 (2)

    omit

    subregulation (1)

    substitute

    subregulation (1) or (1A)

  2. Regulation 51

    renumber subregulations when regulations next republished under Legislation Act 2001

  3. Regulation 71

    substitute

  4. Stopping and parking exemption for police and emergency vehicles and authorised people (NSW cl 116)

  5. A provision of division 2.3.5 (Stopping and parking) does not apply to the driver of a police or emergency vehicle if, in the circumstances—

    (a)the driver is taking reasonable care; and

    (b)it is reasonable that the provision should not apply.

  6. A provision of division 2.3.5 (Stopping and parking) does not apply to a driver who is an authorised person driving a vehicle in the course of his or her duty as an authorised person if, in the circumstances—

    (a)the driver is taking reasonable care; and

    (b)it is reasonable that the provision should not apply.

  7. New regulations 75A and 75B, division 3.1.2

    insert

    NoteThe Australian Road Rules, r 207 (2) provides that a driver who parks in a ticket parking area must pay the fee and obey the instructions on the ticket. See also reg 16.

75AParking authorities

  1. A person may apply to the road transport authority to be a parking authority for a stated area.

  2. The road transport authority may, in writing, declare the person to be a parking authority for a stated area (the area of operations).

    NoteThe power to make the declaration includes the power to amend or repeal it (see the Legislation Act 2001, s 46).

  3. The declaration is a disallowable instrument.

    NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

75BParking authority guidelines (NSW cl 113)

  1. The road transport authority must establish written guidelines for regulation 76A (the parking authority guidelines).

  2. The parking authority guidelines are a disallowable instrument.

    NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

  3. A parking authority is not entitled to provide, or charge for, parking in a ticket parking area if the parking authority does not comply with the parking authority guidelines.

  4. A parking authority is taken to comply with the parking authority guidelines until the contrary is proved.

  5. Regulation 76, heading

    substitute

  6. Ticket parking schemes—road transport authority (NSW cl 101)

  7. New regulation 76A

    insert

76ATicket parking schemes—parking authority (NSW cl 101)

  1. A parking authority may, in accordance with the parking authority guidelines, establish and operate a ticket parking scheme for any length of road or area within its area of operations.

  2. For a ticket parking scheme, the parking authority may, in accordance with the parking authority guidelines—

    (a)set aside a length of road or area within its area of operations as a ticket parking area; and

    (b)fix fees for the parking of vehicles in the area; and

    (c)adopt the ways of, and schemes for, payment of the fees the authority considers appropriate; and

    (d)install pay parking devices.

    NoteReg 75A provides for the road transport authority to declare parking authorities and reg 75B provides for parking authority guidelines.

  3. Regulation 80 (1)

    omit

    (c)the ticket parking area code (if applicable);

    (d)a serial number;

    (e)instructions for use of the ticket.

    substitute

    (c)the name of the authority issuing the ticket;

    (d)the ticket parking area code (if applicable);

    (e)a serial number;

    (f)instructions for use of the ticket.

  4. New regulation 97A, division 3.1.4

    insert

97AOther powers to provide pay parking (NSW cl 114)

  1. This part does not affect any other power of a parking authority to provide for parking on land within its area of operations.

  2. A parking authority may exercise a power under this part in relation to land that it does not own only with the consent of the owner of the land.

  3. Consent may be given subject to conditions, including conditions about the length and withdrawal of the consent.

  4. Subject to the conditions of the consent, the consent may be withdrawn only after reasonable notice.

  5. In this regulation:

    owner, of land, includes lessee of land.

  6. Regulation 98 (1) and (2)

    omit

    the road transport authority

    substitute

    the road transport authority or a parking authority

  7. New regulations 98A and 98B

    insert

98AIncome from ticket parking scheme (NSW cl 116 (3) and (4))

  1. All fees collected by a parking authority from the operation of a ticket parking scheme belong to the parking authority.

  2. Any surplus arising from the operation of a ticket parking scheme may be applied at the discretion of the parking authority.

98BCosts of ticket parking scheme (NSW cl 116 (1))

The costs of administering a ticket parking scheme operated by a parking authority under regulation 76A are to be borne by the parking authority.

  1. Dictionary, new definitions of area of operations, parking authority and parking authority guidelines

    insert

    area of operations, for a parking authority, means the area of operations declared for the parking authority under regulation 75A (Parking authorities).

    parking authority means a person declared to be a parking authority under regulation 75A (Parking authorities).

    parking authority guidelines—see regulation 75B (1) (Parking authority guidelines).

  2. Dictionary, definition of parking ticket

    omit

    road transport authority

    substitute

    road transport authority or a parking authority

Part 3Amendment of the Road Transport (General) Regulations 2000

  1. Schedule 1, part 1.10

    insert

4A 75A (2) road transport authority—refuse to declare person to be parking authority for stated area applied for

Endnotes

Republications of amended laws

  1. For the latest republication of amended laws, see type="1">

  2. Notified under the Legislation Act 2001 on 15 April 2002.

    (see

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