Transport and Other Legislation Amendment Regulation (No. 2) 2013 (Qld)

Queensland Transport and Other Legislation Amendment Regulation (No. 2) 2013 Subordinate Legislation 2013 No. 192 made under the State Penalties Enforcement Act 1999 Transport Operations (Road Use Management) Act 1995 Contents Part 1 1 Part 2 2 3 Part 3 4 5 Part 4 6 7 8 9 10 11 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of State Penalties Enforcement Regulation2000 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 3 (Transport legislation) . . . . . . . . . . . . . . . . . 4 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of sch 3 (Demerit points) . . . . . . . . . . . . . . . . . . . . . 5 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Replacement of s 5 (Compliance with Australian Standards) . . . 6 5 Compliance with standards . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 24 (Speed limit in a shared zone) . . . . . . . . . . . 7 Amendment of s 56 (Stopping on a red traffic light or arrow) . . . . 7 Amendment of s 59 (Proceeding through a red traffic light) . . . . . 8 Amendment of s 62 (Giving way when turning at intersection with traffic lights). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Contents 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Page 2 Amendment of s 64 (Giving way at a flashing yellow traffic arrow at an intersection). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 65 (Giving way at a marked foot crossing (except at an intersection) with a flashing yellow traffic light) . . . . Amendment of various sections . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 112 (Giving a left change of direction signal when entering a roundabout) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 113 (Giving a right change of direction signal when entering a roundabout) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 128A (Entering blocked crossing) . . . . . . . . . . . Amendment of s 132 (Keeping to the left of the centre of a road or the dividing line) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 134 (Exceptions to keeping to the left of a dividing line) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 137 (Keeping off a dividing strip). . . . . . . . . . . . Amendment of s 143 (Passing or overtaking a vehicle displaying a do not overtake turning vehicle sign). . . . . . . . . . . . . . . . . . . . . Amendment of s 159 (Marked lanes required to be used by particular kinds of vehicles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 163 (Driving past the rear of a stopped tram at a tram stop) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 164 (Stopping beside a stopped tram at a tram stop) ......................................... Insertion of new s 164AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164AA Staying stopped if a tram comes from behind a stopped driver and stops . . . . . . . . . . . . . . . . . . . . . . Amendment of s 171 (Stopping on or near a children’s crossing) Amendment of s 174 (Stopping at or near bicycle crossing lights (except at an intersection)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 179 (Stopping in a loading zone) . . . . . . . . . . . Amendment of s 189 (Double parking). . . . . . . . . . . . . . . . . . . . . Amendment of s 227 (Using portable warning triangles) . . . . . . . Amendment of s 232 (Crossing a road at traffic lights) . . . . . . . . Amendment of s 248 (No riding across a road on a crossing) . . . Amendment of s 262 (Proceeding when bicycle crossing lights change to yellow or red) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 264 (Wearing of seatbelts by drivers) . . . . . . . . Amendment of s 265 (Wearing of seatbelts by passengers 16 years old or older). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 266 (Wearing of seatbelts by passengers under 16 years old) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 9 10 10 10 11 12 13 14 15 15 15 16 16 17 17 18 18 20 21 22 24 24 25 25 2013 SL No. 192

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Contents 37 Amendment of s 267 (Exemptions from wearing seatbelts) . . . . . 27 38 Amendment of s 268 (How persons must travel in or on a motor vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 39 Amendment of s 270 (Wearing motorbike helmets) . . . . . . . . . . . 28 40 Replacement of s 292 (Insecure or overhanging load). . . . . . . . . 29 292 Section number not used . . . . . . . . . . . . . . . . . . . . . . 29 41 Amendment of s 297 (Driver to have proper control of a vehicle etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 42 Omission of s 300B (Brisbane CBD driving restrictions) . . . . . . . 29 43 Amendment of s 301 (Leading an animal while driving a vehicle) 30 44 Amendment of s 313B (Exemption for breakdown vehicles) . . . . 30 45 Insertion of new s 352A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 352A Giving way to pedestrians crossing a road. . . . . . . . . 30 46 Amendment of sch 3 (Other permitted traffic signs). . . . . . . . . . . 31 47 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 31 2013 SL No. 192 Page 3

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Transport and Other Legislation Amendment Regulation (No. 2) 2013 . Part 2 Amendment of State Penalties Enforcement Regulation 2000 2 Regulation amended This part amends the State Penalties Enforcement Regulation2000. 3 Amendment of sch 3 (Transport legislation) (1) Schedule 3, entry for Transport Operations (Road Use Management—Road Rules) Regulation 2009 , entries for sections 292 and 300B(2)— omit. (2) Schedule 3, entry for Transport Operations (Road Use Management—Road Rules) Regulation 2009 , entry for section 203(1), ‘ 2 / 5 ’— omit, insert — 2 Page 4 2013 SL No. 192

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 [s 4] Part 3 Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 4 Regulation amended This part amends the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010. 5 Amendment of sch 3 (Demerit points) (1) Schedule 3, section 23, after ‘62(1)(a)’— insert— , (aa) (2) Schedule 3, section 23, after ‘64(a), (b)’— insert— , (ba) Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 6 Regulation amended This part amends the Transport Operations (Road Use Management—Road Rules) Regulation 2009. 2013 SL No. 192 Page 5

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 7] 7 Replacement of s 5 (Compliance with Australian Standards) Section 5— omit, insert — 5 Compliance with standards (1) In this regulation, unless otherwise stated— (a) a reference to a standard using the designation made up of ‘AS’ and a number is a reference to the standard as in force from time to time under that designation; and Example — ‘AS 1754’ is a reference to the standard that is in force under that designation at the relevant time, including, for example, AS 1754–1991. (b) a reference to a standard using the designation made up of ‘AS/NZS’ and a number is a reference to the standard as in force from time to time under that designation. Example — ‘AS/NZS 1754’ is a reference to the standard that is in force under that designation at the relevant time, including, for example, AS/NZS 1754–1995, AS/NZS 1754–2000 or AS/NZS 1754–2004. (2) If this regulation requires a person to fit or use a thing that complies with a standard mentioned in subsection (1), the person complies with the requirement if, when the thing was manufactured, the thing complied with the standard in force under the designation at that time. (3) In this section— standard means AS or AS/NZS. Page 6 2013 SL No. 192

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 8] 8 Amendment of s 24 (Speed limit in a shared zone) (1) Section 24(1), after ‘on a road’— insert— , or the road, (2) Section 24(2), other than the examples— omit, insert— (2) A shared zone is— (a) if there is a shared zone sign and an end shared zone sign on a road and there is no intersection on the length of road between the signs—that length of road; or (b) if there is a shared zone sign on a road that ends in a dead end and there is no intersection on the length of road beginning at the sign and ending at the dead end—that length of road; or (c) a network of roads in an area with— (i) a shared zone sign on each road into the area indicating the same number; and (ii) an end shared zone sign on each road out of the area; or (d) a road related area that is between a shared zone sign that relates to the area and an end shared zone sign that relates to the area. (3) In subsection (2)(c)(i) and (ii)— road does not include a road-related area. 9 Amendment of s 56 (Stopping on a red traffic light or arrow) Section 56(1)(b)(i), before ‘; or’— 2013 SL No. 192 Page 7

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 10] insert— or show no traffic light 10 Amendment of s 59 (Proceeding through a red traffic light) Section 59(1)— omit, insert— (1) If traffic lights at an intersection, bicycle crossing or marked foot crossing are showing a red traffic light, a driver facing the red traffic light must not enter the intersection, bicycle crossing or marked foot crossing. Maximum penalty—20 penalty units. 11 Amendment of s 62 (Giving way when turning at intersection with traffic lights) (1) Section 62(1)(a), ‘on’— omit, insert — crossing (2) Section 62(1)— insert — (aa) any rider of a bicycle at or near the intersection who is crossing the road the driver is entering on a marked foot crossing; and (3) Section 62(1)(b)(ii), after ‘pedestrian’— insert— or rider of a bicycle (4) Section 62, example 1, ‘on’— omit, insert— crossing Page 8 2013 SL No. 192

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 12] 12 Amendment of s 64 (Giving way at a flashing yellow traffic arrow at an intersection) Section 64(b)— omit, insert — (b) any pedestrian at or near the intersection who is crossing the road the driver is entering; and (ba) any rider of a bicycle at or near the intersection who is crossing the road the driver is entering on a marked foot crossing; and 13 Amendment of s 65 (Giving way at a marked foot crossing (except at an intersection) with a flashing yellow traffic light) Section 65(2)(a) and (b) and (3), after ‘pedestrian’— insert — or rider of a bicycle 14 Amendment of various sections Each of the following provisions is amended by omitting ‘on’ and inserting ‘crossing’— • section 67(4) • section 69(3) • section 72(3)(b) • section 72(3), example 4 • section 72(5)(c) • section 72(5), example 9 • section 73(2)(b) • section 73(2), example 2 • section 73(4) 2013 SL No. 192 Page 9

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 15] • section 73(4), example 3 • section 73(6)(b) • section 73, example 7. 15 Amendment of s 112 (Giving a left change of direction signal when entering a roundabout) Section 112(2)— omit, insert— (2) Before entering the roundabout, the driver must give a left change of direction signal for long enough to give sufficient warning to other drivers and pedestrians. Maximum penalty—20 penalty units. 16 Amendment of s 113 (Giving a right change of direction signal when entering a roundabout) (1) Section 113(2)— omit, insert— (2) Before entering the roundabout, the driver must give a right change of direction signal for long enough to give sufficient warning to other drivers and pedestrians. Maximum penalty—20 penalty units. (2) Section 113(3)— insert— (c) the driver is about to leave the roundabout. 17 Amendment of s 128A (Entering blocked crossing) (1) Section 128A, heading, ‘blocked crossing’— omit, insert— particular blocked crossings Page 10 2013 SL No. 192

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 18] (2) Section 128A, before ‘children’s’— insert— bicycle crossing, 18 Amendment of s 132 (Keeping to the left of the centre of a road or the dividing line) Section 132, examples, after example 3— insert— Examples for subsection (2A) — Example 4 Driving across a single continuous dividing line to perform a U-turn is not permitted Example 5 Driving across a single continuous dividing line to the left of a broken dividing line to perform a U-turn is not permitted 2013 SL No. 192 Page 11

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 19] Example 6 Driving across 2 parallel continuous dividing lines to perform a U-turn is not permitted 19 Amendment of s 134 (Exceptions to keeping to the left of a dividing line) (1) Section 134(2), after ‘If the dividing line is a’— insert— single (2) Section 134(3), ‘not 2 parallel continuous dividing lines’— omit, insert— a single continuous or broken dividing line, or a broken dividing line to the left or right of a single continuous dividing line (3) Section 134(3), examples— Page 12 2013 SL No. 192

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 20] insert— Example 2A Driving across a single continuous dividing line is permitted to enter or leave the road Example 2B Driving across a single continuous dividing line is permitted to leave the road to enter a road-related area Example 2C Driving across a single continuous dividing line to the left of a broken dividing line is permitted to enter or leave the road 20 Amendment of s 137 (Keeping off a dividing strip) Section 137— insert— 2013 SL No. 192 Page 13

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 21] (2A) For subsection (2), a dividing strip is taken to be at the same level as the road even if the dividing strip contains 1 or more pavement bars or markers. 21 Amendment of s 143 (Passing or overtaking a vehicle displaying a do not overtake turning vehicle sign) Section 143(1)— omit, insert— (1) A driver must not drive past, or overtake, to the left of a vehicle displaying a do not overtake turning vehicle sign, unless— (a) if the vehicle is turning left and is giving a left change of direction signal— (i) the driver is driving on a multi-lane road and it is safe to pass, or overtake, in a marked lane to the left of the vehicle; or (ii) it is otherwise safe to pass, or overtake, to the left of the vehicle; or (b) otherwise— (i) the driver is driving on a multi-lane road and it is safe to pass, or overtake, in a marked lane to the left of the vehicle; or (ii) the vehicle is turning right, or making a U-turn from the centre of the road, and is giving a right change of direction signal and it is safe to pass, or overtake, to the left of the vehicle; or (iii) the vehicle is stationary and it is safe to pass, or overtake, to the left of the vehicle; or Page 14 2013 SL No. 192

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 22] (iv) it is otherwise safe to pass, or overtake, to the left of the vehicle. Maximum penalty—20 penalty units. 22 Amendment of s 159 (Marked lanes required to be used by particular kinds of vehicles) Section 159(1), from ‘unless the driver is’ to ‘regulation.’— omit, insert— unless— (a) the driver is avoiding an obstruction; or (b) the driver is obeying a traffic control device applying to the indicated lane; or (c) the driver is permitted to drive in the indicated lane and also another marked lane under this regulation; or (d) the driver is intending to turn off the road or to make a U-turn and, in order to do so safely without disrupting other vehicles on the road, it is necessary to position the vehicle in another lane before starting or making the turn. 23 Amendment of s 163 (Driving past the rear of a stopped tram at a tram stop) Section 163(3)(a)— omit, insert— (a) one or more of the doors on the side of the tram closest to the driver are open or opening; or 24 Amendment of s 164 (Stopping beside a stopped tram at a tram stop) Section 164(3)(a)— 2013 SL No. 192 Page 15

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 25] omit, insert— (a) one or more of the doors on the side of the tram closest to the driver are open or opening; or 25 Insertion of new s 164AA Part 11, division 7— insert— 164AA Staying stopped if a tram comes from behind a stopped driver and stops (1) This section applies if— (a) a driver is stopped beside a tram stop; and (b) a tram stops at the tram stop, other than at the far left side of the road; and (c) there is no safety zone, dividing strip or traffic island between the tram and the part of the road where the driver is driving. (2) The driver must not proceed if— (a) one or more of the doors on the side of the tram closest to the driver are open or opening; or (b) a pedestrian is entering or crossing the road between the tram tracks and the far left side of the road. Maximum penalty—20 penalty units. (3) If the tram remains at the tram stop and subsection (2)(a) and (b) do not apply, the driver must not drive past the tram at a speed over 10km/h. Maximum penalty—20 penalty units. Page 16 2013 SL No. 192

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 26] (4) Subsections (2) and (3) do not apply to a driver if the driver is directed to drive past the tram by an authorised officer. (5) In this section— tram includes a bus travelling along tram tracks. 26 Amendment of s 171 (Stopping on or near a children’s crossing) Section 171(1)— omit, insert— (1) A driver must not— (a) stop on a children’s crossing; or (b) stop on a road within 20m before a children’s crossing or 10m after a children’s crossing, unless the driver— (i) stops at a place on a length of road, or in an area, to which a parking control sign applies; and (ii) is permitted to stop at that place under this regulation. Maximum penalty—20 penalty units. 27 Amendment of s 174 (Stopping at or near bicycle crossing lights (except at an intersection)) (1) Section 174, heading— omit, insert— 174 Stopping on or near a bicycle crossing (except at an intersection) (2) Section 174(1) and (2)— omit, insert— 2013 SL No. 192 Page 17

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 28] (1) This section applies to a bicycle crossing that is not at an intersection. (2) A driver driving along the road on which the crossing is located must not stop on the crossing, or on the road within 10m before the traffic lights nearest to the driver at the crossing and 3m after the crossing, unless the driver— (a) stops at a place on a length of road, or in an area, to which a parking control sign applies; and (b) is permitted to stop at that place under this regulation. Maximum penalty—20 penalty units. 28 Amendment of s 179 (Stopping in a loading zone) Section 179(2A), ‘longer than 20 minutes.’— omit, insert— longer than— (a) 20 minutes; or (b) if information on or with the loading zone signs applying to the loading zone indicates another time—the indicated time. 29 Amendment of s 189 (Double parking) (1) Section 189(1)— omit, insert— (1) A driver must not stop on a road if to do so would put any part of the vehicle that the driver is driving between a vehicle that is parked on the road and the centre of the road. Maximum penalty—20 penalty units. (2) Section 189, example— Page 18 2013 SL No. 192

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 29] omit, insert— Examples — Example 1 Double parked on a two-way road without a dividing line Example 2 Double parked on a two-way road with a centre dividing line Example 3 Example 4 Double parked on the right side of a Double parked on the left side of a one-way road with no vehicles parked on one-way road with other vehicles lawfully the left side of the road parked on the right side of the road In the examples, a vehicle marked with an ‘X’ is stopped in contravention of this section. 2013 SL No. 192 Page 19

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 30] 30 Amendment of s 227 (Using portable warning triangles) Section 227(2) to (5)— omit, insert — (2) If the driver stops on a road, or if some or all of any load being carried by the vehicle falls onto a road, at a place where the speed limit is 80km/h or more and the vehicle is not visible at any time for at least 300m in all directions from that place, the driver must use at least 3 portable warning triangles, placed in accordance with subsection (4), to warn other road users of the vehicle or load. Maximum penalty—20 penalty units. (3) If the driver stops on a road, or if some or all of any load being carried by the vehicle falls onto a road, at a place where the speed limit is less than 80km/h and the vehicle is not visible at any time for at least 200m in all directions from that place, the driver must use at least 3 portable warning triangles, placed in accordance with subsection (5), to warn other road users of the vehicle or load. Maximum penalty—20 penalty units. (4) For subsection (2), the driver must— (a) place 1 triangle at least 200m, but not over 250m, behind the vehicle or fallen load; and (b) if the vehicle or fallen load is on a one-way road or divided road, place 1 triangle between the triangle mentioned in paragraph (a) and the vehicle or fallen load; and (c) if the vehicle or fallen load is not on a one-way road or divided road, place 1 triangle at least 200m, but not over 250m, in front of the vehicle or fallen load; and Page 20 2013 SL No. 192

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 31] (d) place 1 triangle at the side of the vehicle, or fallen load, in a position that gives sufficient warning to other road users of the position of the vehicle or fallen load. (5) For subsection (3), the driver must— (a) place 1 triangle at least 50m, but not over 150m, behind the vehicle or fallen load; and (b) if the vehicle or fallen load is on a one-way road or divided road, place 1 triangle between the triangle mentioned in paragraph (a) and the vehicle or fallen load; and (c) if the vehicle or fallen load is not on a one-way or divided road, place 1 triangle at least 50m, but not over 150m, in front of the vehicle or fallen load; and (d) place 1 triangle at the side of the vehicle, or fallen load, in a position that gives sufficient warning to other road users of the position of the vehicle or fallen load. (6) In this section— divided road means any length of a two-way road that has a median strip. road does not include a road-related area, but includes any shoulder of a road. 31 Amendment of s 232 (Crossing a road at traffic lights) (1) Section 232(3)(a), ‘(the’— omit, insert— (a (2) Section 232(3)(b), ‘nearest’— omit, insert— far 2013 SL No. 192 Page 21

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 32] (3) Section 232— insert— (3A) Despite subsection (3), the pedestrian may instead return to the side of the road, or a safety area, that the pedestrian has just left, but only if— (a) at the time the lights change, that side or safety area is closer to the pedestrian than the side or safety area the pedestrian was approaching at the time; and (b) the pedestrian does not stay on the road for longer than is necessary to return to that side or safety area. (4) Section 232(4), ‘If, under subsection (3), the pedestrian crosses to the safety area,’— omit, insert — If, under subsection (3) or (3A), the pedestrian crosses, or returns, to a safety area, 32 Amendment of s 248 (No riding across a road on a crossing) (1) Section 248, heading, ‘a crossing’— omit, insert— particular crossings (2) Section 248(2)— omit, insert — (2) The rider of a bicycle must not ride across a road, or a part of a road, on a marked foot crossing, unless— (a) if there are bicycle crossing lights at the crossing— Page 22 2013 SL No. 192

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 32] 2013 SL No. 192 (i) the rider is, under this regulation, permitted to ride on the crossing; and Note— See sections 260 to 262 in relation to circumstances in which a rider of a bicycle is permitted to cross a road at bicycle crossing lights. (ii) the rider— (A) proceeds slowly and safely; and (B) gives way to any pedestrian on the crossing; and (C) keeps to the left of any oncoming rider of a bicycle or person who is using a personal mobility device; or (b) if there are no bicycle crossing lights at the crossing— (i) a pedestrian is, under this regulation, permitted to cross on the crossing; and Note— See section 231 in relation to circumstances in which a pedestrian is permitted to cross a road at pedestrian lights. (ii) the rider— (A) proceeds slowly and safely; and (B) gives way to any pedestrian on the crossing; and (C) keeps to the left of any oncoming rider of a bicycle or person who is using a personal mobility device. Maximum penalty—20 penalty units. (3) In this section— pedestrian does not include a person using a personal mobility device. Page 23

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 33] 33 Amendment of s 262 (Proceeding when bicycle crossing lights change to yellow or red) (1) Section 262(2)(a), ‘(the’— omit, insert— (a (2) Section 262(2)(b), ‘nearest’— omit, insert— far (3) Section 262— insert— (2A) Despite subsection (2), the rider may instead return to the side of the road, or a safety area, that the rider has just left, but only if— (a) at the time the lights change, that side or safety area is closer to the rider than the side or safety area the rider was approaching at the time; and (b) the rider does not stay on the road for longer than is necessary to return to that side or safety area. (4) Section 262(3), ‘If, under subsection (2), the rider crosses to the safety area,’— omit, insert— If, under subsection (2) or (2A), the rider crosses, or returns, to a safety area, 34 Amendment of s 264 (Wearing of seatbelts by drivers) Section 264(1), ‘a seatbelt’— omit, insert— an approved seatbelt Page 24 2013 SL No. 192

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 35] 35 Amendment of s 265 (Wearing of seatbelts by passengers 16 years old or older) (1) Section 265(1), ‘he or she’— omit, insert— the passenger (2) Section 265(2)(a), ‘a seatbelt’— omit, insert— an approved seatbelt 36 Amendment of s 266 (Wearing of seatbelts by passengers under 16 years old) (1) Section 266(2B)(b), ‘a seatbelt’— omit, insert — an approved seatbelt (2) Section 266(2B)— insert — (c) if the passenger is seated in a seating position in a part of the vehicle that is designed primarily for the carriage of goods— (i) be restrained by an approved seatbelt of a lap and sash type that is properly adjusted and fastened; or (ii) have the midsection of his or her body restrained by an approved seatbelt of a lap type that is properly adjusted and fastened, and have his or her upper body restrained by an approved child safety harness that is properly adjusted and fastened. (3) Section 266(3A), from ‘unless’— omit, insert— 2013 SL No. 192 Page 25

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 36] unless in the row or rows behind the front row— (a) all of the other seats are occupied by passengers who are also less than 7 years old; or (b) there is no remaining seating position in which the passenger can sit in accordance with this section because of the occupation of other seats, in compliance with this section, by passengers who are also less than 7 years old. Example — This subsection would permit a passenger who is 6 years old to sit in the front row of a vehicle that has 2 rows of seats if 2 occupied approved child restraints in the back row encroached on an empty seating position between them in a way that made it impossible for another approved child restraint or booster seat to be placed in that position. (4) Section 266(4)(b)(i) and (6)(b), before ‘seatbelt’— insert— approved (5) Section 266(7), definition approved booster seat , paragraph (a)(i) to (v)— omit, insert— (i) AS/NZS 1754; or (ii) another standard the chief executive considers is at least equal to that standard; or (6) Section 266(7), definition approved booster seat , paragraph (b)(ii)— omit, insert— (ii) is of a type mentioned in— (A) the Vehicle Standard (Australian Design Rule 34/01—Child Page 26 2013 SL No. 192

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 37] Restraint Anchorages and Child Restraint Anchor Fittings) 2005 (Cwlth), clause 34.8; or (B) the Vehicle Standard (Australian Design Rule 34/02—Child Restraint Anchorages and Child Restraint Anchor Fittings) 2012 (Cwlth), clause 34.9; and (7) Section 266(7), definition approved child restraint , paragraphs (a) to (e)— omit, insert— (a) AS/NZS 1754; or (b) another standard the chief executive considers is at least equal to that standard. (8) Section 266(7), definition approved child safety harness , paragraphs (a) to (e)— omit, insert— (a) AS/NZS 1754; or (b) another standard the chief executive considers is at least equal to that standard. 37 Amendment of s 267 (Exemptions from wearing seatbelts) (1) Section 267(1), (1AA) and (1AB)— omit. (2) Section 267(3A)(a) and (4), ‘which’— omit, insert — or on which (3) Section 267(5)(a), ‘in a’— omit, insert — in or on a 2013 SL No. 192 Page 27

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 38] (4) Section 267(8), ‘seatbelts’— omit, insert — approved seatbelts (5) Section 267(8)(a), ‘a seatbelt’— omit, insert — an approved seatbelt (6) Section 267(8), ‘a seatbelt or’— omit, insert — an approved seatbelt or (7) Section 267— insert — (8B) A passenger on a bus is exempt from wearing a seatbelt while the passenger is— (a) a standing passenger mentioned in the Transport Operations (Passenger Transport) Standard 2010 , section 11(2)(c) and (d); or (b) entering or leaving the bus. 38 Amendment of s 268 (How persons must travel in or on a motor vehicle) Section 268(2)(b) and (4B)(b), ‘a seatbelt’— omit, insert— an approved seatbelt 39 Amendment of s 270 (Wearing motorbike helmets) Section 270(3), definition approved motorbike helmet , paragraphs (a) and (b)— omit, insert— (a) AS 1698; or Page 28 2013 SL No. 192

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 40] (b) AS/NZS 1698; or (c) another standard the chief executive considers is at least equal to a standard mentioned in paragraph (a) or (b). 40 Replacement of s 292 (Insecure or overhanging load) Section 292— omit, insert— 292 Section number not used 41 Amendment of s 297 (Driver to have proper control of a vehicle etc.) Section 297(3) and (4)— omit, insert — (3) The rider of a motorbike must not ride with an animal on the motorbike between the rider and the handle bars, or in another position that interferes with the rider’s ability to control the motorbike or to have a clear view of the road. Maximum penalty—20 penalty units. (4) Subsection (3) does not apply to the rider of a motorbike who rides with an animal between the rider and the handle bars for a distance of not more than 500 metres on a road for the purpose of a farming activity that the rider is carrying out. 42 Omission of s 300B (Brisbane CBD driving restrictions) Section 300B— omit . 2013 SL No. 192 Page 29

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 43] 43 Amendment of s 301 (Leading an animal while driving a vehicle) Section 301, heading, ‘driving’— omit, insert — in or on 44 Amendment of s 313B (Exemption for breakdown vehicles) (1) Section 313B(1)(a), after ‘disabled vehicle’— insert— or is assisting a person to gain access to a locked vehicle (2) Section 313B(2)— insert— • section 197 (Stopping on a path, dividing strip, nature strip or painted island) • section 288(1) (Driving on a path) 45 Insertion of new s 352A After section 352— insert— 352A Giving way to pedestrians crossing a road (1) This section applies to a driver at an intersection who is required, under a relevant provision, to give way to a pedestrian who is crossing the road, or part of the road, the driver is entering. (2) The driver is required to give way to the pedestrian only if the pedestrian’s line of travel in crossing the road, or part of the road, the driver is entering is essentially at right angles to the edges of the road, or part of the road. Page 30 2013 SL No. 192

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 46] (3) In this section— relevant provision means any of the following— (a) section 62(1)(a); (b) section 64(b); (c) section 67(4); (d) section 69(3); (e) section 72(3)(b) or (5)(c); (f) section 73(2)(b), (4) or (6)(b). 46 Amendment of sch 3 (Other permitted traffic signs) (1) Schedule 3— insert — No personal mobility devices sign (section 244H) (2) Schedule 3, diagram for No recreational devices or toys sign, after ‘No’— insert — wheeled 47 Amendment of sch 5 (Dictionary) (1) Schedule 5, definition do not overtake turning vehicle sign — omit. 2013 SL No. 192 Page 31

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 47] (2) Schedule 5— insert— approved seatbelt means a seatbelt complying with the vehicle standards for seatbelts under the Standards and Safety Regulation. AS/NZS means a standard published jointly by Standards Australia and Standards New Zealand. bicycle crossing means an area of a road— (a) at a place with bicycle crossing lights that would face the rider of a bicycle crossing the road and traffic lights that would face a vehicle driving on the road; and (b) indicated by a different road surface, or between 2 parallel continuous or broken lines, or rows of studs or markers, on the road surface substantially from 1 side of the road to the other. Example of a different road surface — The area of road could be indicated by brick paving across a road. do not overtake turning vehicle sign means a sign shown in a diagram in schedule 4 as a Do not overtake turning vehicle sign. (3) Schedule 5, definition approved bicycle helmet , paragraphs (a) and (b)— omit, insert— (a) AS 2063; or (b) AS/NZS 2063; or (c) another standard the chief executive considers is at least equal to a standard mentioned in paragraph (a) or (b). (4) Schedule 5, definition bicycle storage area , paragraph (a), from ‘of equal length; and’— Page 32 2013 SL No. 192

Transport and Other Legislation Amendment Regulation (No. 2) 2013 Part 4 Amendment of Transport Operations (Road Use Management—Road Rules) Regulation 2009 [s 47] omit, insert— of equal length; but (5) Schedule 5, definition crossing , before paragraph (a) — insert— (aa) a bicycle crossing; or (6) Schedule 5, definition crossing , paragraphs (aa) to (d)— renumber as paragraphs (a) to (e). (7) Schedule 5, definition give way line , before ‘marked foot’ — insert— bicycle crossing or (8) Schedule 5, definition marked foot crossing , paragraph (a), ‘facing’— omit, insert— that would face (9) Schedule 5, definition Standards and Safety Regulation , ‘ 1999 ’— omit, insert— 2010 (10) Schedule 5, definition stop line , paragraph (b), before ‘marked’ — insert— bicycle crossing, a ENDNOTES 1 Made by the Governor in Council on 3 October 2013. 2 Notified on the Queensland legislation website on 4 October 2013. 3 The administering agency is the Department of Transport and Main Roads. 2013 SL No. 192 Page 33

Transport and Other Legislation Amendment Regulation (No. 2) 2013 © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 34 2013 SL No. 192