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Road Safety Road Rules (Enforcement Vehicles and Escort Vehicles) Amendment Rules 2010

S.R. No. 7/2010

TABLE OF PROVISIONS

Rule  Page

1Objective

2Authorising provision

3Principal Rules

4Keeping clear of police vehicles, emergency vehicles, enforcement vehicles and escort vehicles

5Giving way to police vehicles, emergency vehicles,
enforcement vehicles and escort vehicles

6Exemptions from wearing seatbelts

7How persons must travel in or on a motor vehicle

8Television receivers and visual display units in motor vehicles

9Use of mobile phones

10Exemption for drivers of emergency vehicles

11New rule 306A inserted

306AExemption for drivers of enforcement vehicles and escort vehicles

12Stopping and parking exemption for police vehicles,
emergency vehicles, enforcement vehicles, escort vehicles
and authorised persons

13Exemption for police officers, emergency workers,
enforcement vehicle workers and escort vehicle workers
on foot

14Exemption for oversize vehicles

15Dictionary

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 7/2010

Road Safety Act 1986

Road Safety Road Rules (Enforcement Vehicles and Escort Vehicles) Amendment Rules 2010

The Governor in Council makes the following Regulations:

Dated: 9 February 2010

Responsible Minister:

TIM PALLAS
Minister for Roads and Ports

TOBY HALLIGAN

Clerk of the Executive Council

1Objective

The objective of these Rules is to make further provision relating to enforcement vehicles and the accompaniment of vehicles by escort vehicles.

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.

4Keeping clear of police vehicles, emergency vehicles, enforcement vehicles and escort vehicles

(1)For the heading to rule 78 of the Principal Rules substitute—

"Keeping clear of police vehicles, emergency vehicles, enforcement vehicles and escort vehicles".

(2)In rule 78(1) of the Principal Rules—

(a)for "police or emergency vehicle" substitute "police vehicle, emergency vehicle, enforcement vehicle or escort vehicle"; and

(b)for "blue or red" substitute "blue, red or magenta"; and

(c)in the note at the foot of the rule, after "emergency vehicle", insert ", enforcement vehicle, escort vehicle".

(3)In rule 78(2) of the Principal Rules—

(a)for "police or emergency vehicle" substitute "police vehicle, emergency vehicle, enforcement vehicle or escort vehicle"; and

(b)for "blue or red" substitute "blue, red or magenta".

5Giving way to police vehicles, emergency vehicles, enforcement vehicles and escort vehicles

(1)For the heading to rule 79 of the Principal Rules substitute—

"Giving way to police vehicles, emergency vehicles, enforcement vehicles and escort vehicles".

(2)In rule 79(1) of the Principal Rules—

(a)for "police or emergency vehicle" substitute "police vehicle, emergency vehicle, enforcement vehicle or escort vehicle"; and

(b)for "blue or red" substitute "blue, red or magenta"; and

(c)in note 1 at the foot of the rule, after "Emergency vehicle", insert ", enforcement vehicle, escort vehicle".

(3)In rule 79(2) of the Principal Rules, for "police or emergency vehicle" substitute "police vehicle, emergency vehicle, enforcement vehicle or escort vehicle".

6Exemptions from wearing seatbelts

(1)In rule 267(5)(a) of the Principal Rules, for "police or emergency vehicle" substitute "police vehicle, emergency vehicle or enforcement vehicle".

(2)In the note at the foot of rule 267(5) of the Principal Rules, after "Emergency vehicle" insert ", enforcement vehicle".

7How persons must travel in or on a motor vehicle

(1)In rule 268(5)(a) of the Principal Rules, for "police or emergency vehicle" substitute "police vehicle, emergency vehicle or enforcement vehicle".

(2)In the note at the foot of rule 268(5) of the Principal Rules, after "Emergency vehicle," insert "enforcement vehicle,".

8Television receivers and visual display units in motor vehicles

(1)In rule 299(2)(ba) of the Principal Rules, for "police vehicle or an emergency vehicle" substitute "police vehicle, emergency vehicle or an enforcement vehicle".

(2)In the note at the foot of rule 299(2)(ba) of the Principal Rules, for "Police vehicle and emergency vehicle" substitute "Police vehicle, emergency vehicle and enforcement vehicle".

9Use of mobile phones

(1)In rule 300(1)(d) of the Principal Rules, for "emergency vehicle or a police vehicle" substitute "emergency vehicle, enforcement vehicle or a police vehicle".

(2)In the note at the foot of rule 300(1) of the Principal Rules, after "Emergency vehicle," insert "enforcement vehicle,".

10Exemption for drivers of emergency vehicles

In rule 306(b) of the Principal Rules omit "magenta,".

11New rule 306A inserted

After rule 306 of the Principal Rules insert—

"306A   Exemption for drivers of enforcement vehicles and escort vehicles

A provision of these Rules does not apply to the driver of an enforcement vehicle or an escort vehicle if—

(a)in the circumstances—

(i)the driver is taking reasonable care; and

(ii)it is reasonable that the rule should not apply; and

(b)if the vehicle is a motor   vehicle that is moving—the vehicle is displaying a magenta flashing light or sounding an alarm.

Note

Enforcement vehicle and escort vehicle are defined in the dictionary and motor vehicle is defined in the Road Safety Act 1986.".

12Stopping and parking exemption for police vehicles, emergency vehicles, enforcement vehicles, escort vehicles and authorised persons

(1)For the heading to rule 307 of the Principal Rules substitute—

"Stopping and parking exemption for police vehicles, emergency vehicles, enforcement vehicles, escort vehicles and authorised persons".

(2)In rule 307(1) of the Principal Rules—

(a)for "police vehicle or emergency vehicle" substitute "police vehicle, emergency vehicle, enforcement vehicle or escort vehicle"; and

(b)in note 1 at the foot of the rule, after "Emergency vehicle", insert ", enforcement vehicle, escort vehicle".

13Exemption for police officers, emergency workers, enforcement vehicle workers and escort vehicle workers on foot

(1)For the heading to rule 308 of the Principal Rules substitute—

"Exemption for police officers, emergency workers, enforcement vehicle workers and escort vehicle workers on foot".

(2)In rule 308 of the Principal Rules, for "police officer or emergency worker" substitute "police officer, emergency worker, enforcement vehicle worker or escort vehicle worker".

(3)In rule 308(a) of the Principal Rules, for "police officer or emergency worker" substitute "police officer, emergency worker, enforcement vehicle worker or escort vehicle worker".

(4)In note 1 at the foot of rule 308 of the Principal Rules, after "Emergency worker" insert

", enforcement vehicle worker, escort vehicle worker".

14Exemption for oversize vehicles

(1)In rule 311(1) of the Principal Rules, for "vehicle escorting or" substitute "pilot vehicle, as defined in regulation 5 of the Road Safety (Vehicles) Regulations 2009,".

(2)In rule 311(1)(c) of the Principal Rules omit

"as defined in regulation 5 of the Road Safety (Vehicles) Regulations 2009".

(3)In the note at the foot of rule 311(1) of the Principal Rules, for "Oversize vehicle is" substitute "Oversize vehicle and escort vehicle are".

15Dictionary

(1)In the dictionary to the Principal Rules, paragraph (e) of the definition of emergency vehicle is revoked.

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

"enforcement vehicle means a vehicle being used to convey an officer of the Corporation or of the Department of Transport engaged in connection with the enforcement of the—

(a)Accident Towing Services Act 2007; or

(b)Bus Safety Act 2009; or

(c)Rail Safety Act 2006; or

(d)Road Management Act 2004; or

(e)Road Safety Act 1986; or

(f)Transport Act 1983;

enforcement vehicle worker means the driver of, or passenger in, an enforcement vehicle;

escort vehicle has the same meaning as it has in regulation 5 of the Road Safety (Vehicles) Regulations 2009;

escort vehicle worker means the driver of, or passenger in, an escort vehicle;".

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ENDNOTES

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