Road Transport (Safety and Traffic Management) (Road Rules) Amendment (T-Way Lanes) Regulation 2003 (NSW)

2003 No 109

New South Wales

Road Transport (Safety and Traffic

Management) (Road Rules)
Amendment (T-Way Lanes) Regulation

2003

under the

Road Transport (Safety and Traffic Management) Act 1999

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Road Transport (Safety and Traffic Management) Act 1999.

CARL SCULLY, M.P.,

Minister for Roads

Explanatory note
The object of this Regulation is to amend the Road Transport (Safety and Traffic

Management) (Road Rules) Regulation 1999:

(a)	to make it an offence for a driver (other than a driver of an authorised T-Way vehicle) to drive or stop in a T-Way lane, and
(b)	to apply the provisions of Division 2 (Public buses) of Part 17 of the Australian Road Rules to authorised T-Way vehicles driving in T-Way lanes, and
(c)	to allow an unattended motor vehicle or trailer that is unlawfully standing on a T- Way lane to be removed from the lane, and
(d)	to permit certain garbage collection vehicles to stop in bus lanes.

This Regulation is made under the Road Transport (Safety and Traffic Management) Act

1999, including section 71 (the general regulation-making power) and Schedule 1.

Published in Gazette No 39 of 7 February 2003, page 848	Page 1
2003 No 109	Road Transport (Safety and Traffic Management) (Road Rules)
Clause 1	Amendment (T-Way Lanes) Regulation 2003

Road Transport (Safety and Traffic Management) (Road

Rules) Amendment (T-Way Lanes) Regulation 2003

under the

Road Transport (Safety and Traffic Management) Act 1999

1      Name of Regulation

This Regulation is the Road Transport (Safety and Traffic Management) (Road Rules) Amendment (T-Way Lanes) Regulation 2003.

2 Commencement

This Regulation commences on 7 February 2003.

3 Amendment of Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999

The Road Transport (Safety and Traffic Management) (Road Rules)
Regulation 1999 is amended as set out in Schedule 1.

Road Transport (Safety and Traffic Management) (Road Rules)	2003 No 109
Amendment (T-Way Lanes) Regulation 2003
Amendments	Schedule 1
Schedule 1 Amendments

(Clause 3)

[1]      Clause 96B

Insert after clause 96A:

96B T-Way lanes

(1)

A driver (except the driver of an authorised T-Way vehicle)
must not drive in a T-Way lane.

Maximum penalty: 20 penalty units.

(2)

A driver (except the driver of an authorised T-Way vehicle)
must not stop in a T-Way lane.

Maximum penalty: 20 penalty units.

(3)

A T-Way lane is a marked lane, or part of a marked lane:

(a)	beginning with a T-Way lane sign, and
(b)	ending with the nearest of the following:

(i)      an end T-Way lane sign,

(ii)      an intersection.

(4) A traffic sign that is a reasonable likeness (within the meaning of rule 316 (4) of the Australian Road Rules) of the following diagram is a T-Way lane sign for the purposes of this clause:

2003 No 109	Road Transport (Safety and Traffic Management) (Road Rules) Amendment (T-Way Lanes) Regulation 2003
Schedule 1	Amendments

(5) A traffic sign that is a reasonable likeness (within the meaning of rule 316 (4) of the Australian Road Rules) of the following diagram is an end T-Way lane sign for the purposes of this clause:

(6)

For the purposes of the application of rule 316 (4) of the Australian Road Rules with respect to a traffic sign comprising a T-Way lane sign or end T-Way lane sign, the traffic sign may be a reasonable likeness of a diagram specified in subclause (4) or (5) even though, in addition to any of the matters referred to in rule 316 (4) (a)–(e) and (j) of the Australian Road Rules, the colour of the sign is different.

(7)

Divisions 2 and 3 of Part 20 of the Australian Road Rules are taken to apply to the determination of when a T-Way lane sign or an end T-Way lane sign applies to a marked lane, length of road or person as if the sign were a traffic sign for the purposes of those Rules.

Road Transport (Safety and Traffic Management) (Road Rules)	2003 No 109
Amendment (T-Way Lanes) Regulation 2003
Amendments	Schedule 1

(8)	In this clause:
authorised T-Way vehicle means a vehicle (or a vehicle belonging to a class of vehicles) approved by the Authority that displays in a prominent position on the vehicle adjacent to each number-plate a label or plate that is a reasonable likeness of the following diagram:
intersection has the same meaning as it has in the Australian
Road Rules.
marked lane has the same meaning as it has in the Australian Road Rules.
traffic sign has the same meaning as it has in the Australian Road Rules.

[2]      Clause 155 Removal of unattended vehicles: section 76

Insert after clause 155 (1) (c):

(d) a T-Way lane within the meaning of clause 96B.

2003 No 109	Road Transport (Safety and Traffic Management) (Road Rules) Amendment (T-Way Lanes) Regulation 2003
Schedule 1	Amendments

[3] Schedule 1 Qualifications on application of Australian Road Rules

Insert after clause 15:

16 Certain garbage collection vehicles may stop in bus lanes

(1)	Rule 187 (1) of the Australian Road Rules does not apply to the driver of a garbage collection vehicle who stops in a bus lane if that driver is permitted to drive the vehicle in that lane under rule 158 (2) (b) of those Rules.
Note. Rule 158 (2) (b) of the Australian Road Rules provides that a driver of any vehicle may drive in a bus lane if information on or with a traffic sign applying to the lane indicates that the driver may drive in the lane.
(2)	In this clause:
bus lane has the same meaning as it has in the Australian Road Rules.

17 Division 2 of Part 17 of the Australian Road Rules applies to certain additional vehicles

(1)	Despite rule 280 of the Australian Road Rules, Division 2 of Part 17 of those Rules is taken to apply to the driver of an authorised T-Way vehicle in the same way as it applies to the driver of a public bus within the meaning of those Rules, but only while the driver is driving in or entering a T-Way lane to which B lights apply.
(2)	Divisions 2 and 3 of Part 20 of the Australian Road Rules are taken to apply to the determination of when B lights apply to a T-Way lane or person for the purposes of subclause (1).
(3)	In this clause:

authorised T-Way vehicle has the same meaning as it has in

clause 96B.

B lights has the same meaning as it has in the Australian Road

Rules.

T-Way lane has the same meaning as it has in clause 96B.

BY AUTHORITY