Untitled document

Road Safety (Road Rules) (Amendment) Regulations 2005

S.R. No. 129/2005

table of provisions

Regulation  Page

1.Objective

2.Authorising provision

3.Substitution of regulation 202

202.Application of Acts Interpretation Act 1901 of the Commonwealth

4.Amendment of Schedule 4

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ENDNOTES

statutory rules 2005

S.R. No. 129/2005

Road Safety Act 1986

Road Safety (Road Rules) (Amendment) Regulations 2005

The Governor in Council makes the following Regulations:

Dated: 11 October 2005

Responsible Minister:

PETER BATCHELOR
Minister for Transport

ruth leach

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Road Safety (Road Rules) Regulations 1999—

(a)to clarify the effect of examples in the Road Rules; and

(b)to remove the concept of school zones from the application of the Road Rules in Victoria; and

(c)to enable the Corporation to exempt specified drivers from Road Rules 288 (Driving on a path) and 289 (Driving on a nature strip); and

(d)to include examples of additional information on or with traffic signs.

2.Authorising provision

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

3.Substitution of regulation 202

For regulation 202 of the Road Safety (Road Rules) Regulations 1999[1] substitute—

'202.Application of Acts Interpretation Act 1901 of the Commonwealth

The Acts Interpretation Act 1901 of the Commonwealth, other than section 15AD of that Act, applies to the interpretation of the Road Rules as if—

(a)the Road Rules were an Act; and

(b)each rule of the Road Rules were a section of an Act; and

(c)a reference in the Road Rules to "Gazette" or "Government Gazette" were a reference to the Victoria Government Gazette; and

(d)a reference in the Road Rules to "Minister" referred to the Minister of Victoria administering the Road Safety Act 1986.

Note 1:Section 95(3C) of the Road Safety Act 1986 provides that regulations may apply Commonwealth interpretation enactments to the interpretation of the regulations, in whole or in part and with or without modifications. However, section 95(3E) of the Act provides that this does not prevent the Interpretation of Legislation Act 1984 from applying to the extent that it can do so consistently with that Commonwealth legislation.

Note 2:Section 15AD of the Acts Interpretation Act 1901 of the Commonwealth, which deals with the effect of examples in a provision of a Commonwealth Act, does not apply to the interpretation of the Road Rules. In relation to the status and effect of examples in the Road Rules—see rule 6 of the Road Rules. In relation to the interpretation of examples in Victorian legislation generally—see section 36A of the Interpretation of Legislation Act 1984.'.

4.Amendment of Schedule 4

At the end of Schedule 4 to the Road Safety (Road Rules) Regulations 1999 insert—

'18.   Rule 20 of the Road Rules is to be read as if the reference to rule 23 in Note 1 at the foot of the rule did not appear in the Road Rules as printed.

19.Rule 22 of the Road Rules is to be read as if for the Example at the foot of the rule there were substituted—

"Example of another speed-limit

Although an area speed-limit sign on a road into a speed-limited area may indicate a speed-limit of 60 kilometres per hour, a particular length of road in the area may have a shared zone sign indicating a 10 kilometres per hour speed-limit for that length of road.".

20.The Road Rules are to be read as if rule 23 were omitted.

21.Rule 25 of the Road Rules is to be read as if—

(a)for subrule (1) there were substituted—

"(1)If a speed-limit sign does not apply to a length of road and the length of road is not in a speed-limited area or shared zone, the speed-limit applying to a driver for the length of road is the default speed-limit."; and

(b)in the Note at the foot of subrule (1) the expression "school zone is defined in rule 23," did not appear in the Road Rules as printed.

22.Rule 288 of the Road Rules is to be read as if after subrule (6) there were inserted—

"(7)Subrule (1) does not apply to the driver of a vehicle acting in accordance with an exemption from the application of that subrule granted by the Corporation under subrule (8).

(8)The Corporation may exempt a driver of a vehicle or class of vehicles from the requirements of subrule (1) subject to any conditions the Corporation thinks fit.".

23.Rule 289 of the Road Rules is to be read as if after subrule (2) there were inserted—

"(3)Subrule (1) does not apply to the driver of a vehicle acting in accordance with an exemption from the application of that subrule granted by the Corporation under subrule (4).

(4)The Corporation may exempt a driver of a vehicle or class of vehicles from the requirements of subrule (1) subject to any conditions the Corporation thinks fit.".

24.Rule 316(4) of the Road Rules is to be read as if, in the Examples at the foot of that subrule—

(a)after the example of subrule (4)(b), the following examples were inserted—

"Examples of traffic signs with additional information

Speed-limit sign (Standard sign)	Speed-limit sign (Standard sign)
Speed-limit sign (Standard sign)	Speed-limit sign (Standard sign)

"; and

(b)the first example of subrule (4)(d) were omitted.

25.Rule 324(2) of the Road Rules is to be read as if the reference to rule 23(2) in the Note at the foot of the subrule did not appear in the Road Rules as printed.

26.Rule 335(2) of the Road Rules is to be read as if the first example in the Examples at the foot of that subrule were omitted.

27.Schedule 2 to the Road Rules is to be read as if the expression "End school zone sign (rule 23)" and the diagram appearing immediately below that expression were omitted.

28.Schedule 2 to the Road Rules is to be read as if the expression "School zone sign (rule 23)" and the diagram appearing immediately below that expression were omitted.

29.The Dictionary at the end of the Road Rules is to be read as if the definition of "school zone" were omitted.'.

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ENDNOTES

[1] Reg. 3: S.R. No. 120/1999.  Reprint No. 1 as at 15 December 2002.  Reprinted to S.R. No. 116/2002.  Subsequently amended by S.R. Nos 83/2004 and 178/2004.