Untitled document

Road Safety Road Rules Amendment Rules 2012

S.R. No. 24/2012

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Rules

4Stopping in a loading zone

5Wearing of seatbelts by passengers 16 years old, or older

6Dictionary

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ENDNOTES

STATUTORY RULES 2012

S.R. No. 24/2012

Road Safety Act 1986

Road Safety Road Rules Amendment Rules 2012

The Governor in Council makes the following Rules:

Dated: 3 April 2012

Responsible Minister:

TERRY MULDER
Minister for Roads

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Rules is to amend the Road Safety Road Rules 2009 to—

(a)exempt certain vehicles that seat 10, 11 or 12 adults (including the driver) from the offence of stopping in a loading zone; and

(b)exempt sheriff's officers, when driving a sheriff's vehicle for the purpose of transporting a person in the custody of an officer, from the requirement to ensure each passenger in or on the vehicle complies with the requirement to wear a seatbelt; and

(c)exempt corrections officers, when driving a corrections vehicle for the purpose of transporting a prisoner, from the requirement to ensure each passenger in or on the vehicle complies with the requirement to wear a seatbelt; and

(d)make changes to the definitions of—

(i)emergency vehicle to include a vehicle being used to convey the Fire Services Commissioner for the purpose of controlling the response to a major fire; and

(ii)parking permit for people with disabilities to remove the requirement for certain words to appear on the permit; and

(iii)public bus following the commencement of the Bus Safety Act 2009.

2Authorising provision

These Rules are made under section 95D of the Road Safety Act 1986.

3Principal Rules

In these Rules, the Road Safety Road Rules 2009[1] are called the Principal Rules.

4Stopping in a loading zone

(1)For rule 179(1)(a) of the Principal Rules substitute—

"(a)a bus that is dropping off, or picking up, passengers; or

(ab)a motor vehicle (together with any trailer, fore-car, sidecar or other vehicle or device attached to it) that—

(i)has seating positions for 10, 11 or 12 adults (including the driver); and

(ii)is being used to carry passengers for hire or reward; and

(iii)is dropping off, or picking up, passengers; or".

(2)In the note at the foot of rule 179(1) of the Principal Rules, for "Bus is defined" substitute "Bus and motor vehicle are defined".

5Wearing of seatbelts by passengers 16 years old, or older

(1)In rule 265(3) of the Principal Rules, after "rule 267" insert "or unless subrule (4) applies".

(2)After rule 265(3) of the Principal Rules insert—

"(4)The driver of a corrections vehicle or the driver of a sheriff's vehicle, that is moving, or that is stationary but not parked, is exempt from subrule (3) in relation to a passenger in or on the vehicle if—

(a)in the case of a vehicle that has 2 or more rows of seats—the passenger is not in the front row of seats or the passenger is in the front row of seats because there is not a seating position available for the passenger in another row of seats; or

(b)in the case of a vehicle that has a caged, or other secured, area designed for the carriage of passengers—the passenger occupies a seating position in that area.

Note

Corrections officer, corrections vehicle, sheriff's officer and sheriff's vehicle are defined in the dictionary.".

6Dictionary

(1)In the dictionary to the Principal Rules, insert the following definitions—

"corrections officer means—

(a)an escort officer (within the meaning   of the Corrections Act 1986); or

(b)any other person who is authorised under the Corrections Act 1986 to exercise a function or power of an escort officer (within the meaning of the Corrections Act 1986) with respect to prisoner transportation under the Corrections Act 1986;

corrections vehicle means any motor vehicle driven by a corrections officer who is driving the motor vehicle in the course of his or her duties as a corrections officer for the purpose of transporting a prisoner;

Note

Corrections officer and prisoner are defined in this dictionary.  Motor vehicle is defined in the Road Safety Act 1986.

Fire Services Commissioner means the person appointed as the Fire Services Commissioner under the Fire Services Commissioner Act 2010;

major fire has the same meaning as in the Fire Services Commissioner Act 2010;

prisoner has the same meaning as in the Corrections Act 1986;

sheriff's officer has the same meaning as in the Sheriff Act 2009;

sheriff's vehicle means any motor vehicle driven by a sheriff's officer who is driving the vehicle in the course of his or her duties as a sheriff's officer for the purpose of transporting a person in the custody of that officer;

Note

Sheriff's officer is defined in this dictionary.  Motor vehicle is defined in the Road Safety Act 1986.".

(2)In the dictionary to the Principal Rules—

(a)in the definition of emergency vehicle, after paragraph (c) insert—

"(ca)a vehicle being used to convey the Fire Services Commissioner for the purpose of enabling the Fire Services Commissioner to control the response to a major fire;"; and

(b)at the foot of the definition of emergency   vehicle insert—

"Note

Fire Services Commissioner and major fire are defined in this dictionary.".

(3)In the dictionary to the Principal Rules, in the definition of parking permit for people with disabilities, omit 'and the words "parking permit for people with disabilities" '.

(4)In the dictionary to the Principal Rules, for the definition of public bus substitute—

"public bus means a bus operated for the purposes of—

(a)a regular passenger service within the    meaning of the Bus Services Act 1995; or

(b)a school bus service within the meaning of the Bus Safety Regulations 2010; or

(c)a bus service operating along a fixed route on a regular basis for the purpose of transporting students to or from a post‑secondary education institution within the meaning of the Education and Training Reform Act 2006 by or on behalf of—

(i)the Department of Education and Early Childhood Development; or

(ii)a post-secondary education    institution;

Note

Bus is defined in the Road Safety Act 1986.".

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ENDNOTES

[1] Rule 3: S.R. No. 94/2009 as amended by S.R. Nos 116/2009, 137/2009, 140/2009, 7/2010 and 137/2010.