Untitled document

Road Safety (Road Rules) (Amendment) Regulations 2004

S.R. No. 83/2004

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Commencement

4.Definitions

5.Power of the Corporation to erect traffic control items and signs for the purpose of traffic regulation

6.Power of Councils to erect traffic control items and signs for the purpose of traffic regulation

7.Erection of traffic control items by other persons

8.Information on signs

9.Manual operation of traffic signals

10.New regulation 311A inserted

311A.Traffic management on arterial roads

11.Processions

12.Exemptions for races and other events

13.Exemptions for highway collections

14.Revocation of spent provisions

15.Modification of Road Rules—references to penalty units

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 83/2004

Road Safety Act 1986

Road Safety (Road Rules) (Amendment) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 29 June 2004

Responsible Minister:

PETER BATCHELOR
Minister for Transport

DIANE CASEY

Clerk of the Executive Council

1.Objective

The main objective of these Regulations is to amend the Road Safety (Road Rules) Regulations 1999 to make amendments that are consequential upon the commencement of certain provisions of the Road Management Act 2004.

2.Authorising provision

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

3.Commencement

These Regulations come into operation on 1 July 2004.

4.Definitions

In regulation 105(1) of the Road Safety (Road Rules) Regulations 1999[1]—

(a)insert the following definition—

' "arterial road" has the same meaning as in the Road Management Act 2004;';

(b)for the definition of "freeway" substitute—

' "freeway" has the same meaning as in the Road Management Act 2004;';

(c)the definitions of "forest road", "main road", "State highway" and "tourists' road" are revoked.

5.Power of the Corporation to erect traffic control items and signs for the purpose of traffic regulation

(1)For regulation 303(2) of the Road Safety (Road Rules) Regulations 1999 substitute—

'(2)The Corporation may, on an arterial road, erect, establish, display, maintain or remove a traffic control item other than—

(a)a stopping or parking traffic control item; or

(b)a traffic control item that is associated with a children's crossing or a pedestrian crossing.

(2A)In sub-regulation (2) "stopping or parking traffic control item" means a traffic control item for the control of stopping or parking in accordance with Part 12 of the Road Rules but does not include a traffic control item specified in item 27 and item 28 of Schedule 2.'.

(2)In regulation 303(3) of the Road Safety (Road Rules) Regulations 1999, for "declared road" substitute "freeway or an arterial road".

6.Power of Councils to erect traffic control items and signs for the purpose of traffic regulation

In regulation 304 of the Road Safety (Road Rules) Regulations 1999, for "a State highway, a main road, a tourists' road or a forest road" substitute "an arterial road".

7.Erection of traffic control items by other persons

In regulation 306 of the Road Safety (Road Rules) Regulations 1999, for "a freeway, State highway, main road, tourists' road or forest road" substitute "a freeway or an arterial road".

8.Information on signs

(1)In regulation 309(1) of the Road Safety (Road Rules) Regulations 1999, for "a relevant road authority" substitute "a relevant responsible road authority".

(2)For regulation 309(2) of the Road Safety (Road Rules) Regulations 1999 substitute—

'(2)  In this regulation "responsible road authority" has the same meaning as in the Road Management Act 2004.'.

9.Manual operation of traffic signals

In regulation 311 of the Road Safety (Road Rules) Regulations 1999, for "an authorised person of" substitute "a person authorised by".

10.New regulation 311A inserted

After regulation 311 of the Road Safety (Road Rules) Regulations 1999 insert—

'311A.Traffic management on arterial roads

(1)A person or body (other than the Corporation or a police officer) exercising a power conferred on them under this Part must exercise that power in a manner that is consistent with any relevant policy decision in relation to the management of traffic on arterial roads.

(2)In this regulation "relevant policy decision" means a decision referred to in clause 2(2)(b) of Schedule 4 to the Road Management Act 2004.'.

11.Processions

(1)In regulation 402(1) of the Road Safety (Road Rules) Regulations 1999, for "the relevant road authority" substitute "the relevant coordinating road authority".

(2)For regulation 402(2) of the Road Safety (Road Rules) Regulations 1999 substitute—

'(2)  In this regulation "coordinating road authority" has the same meaning as in the Road Management Act 2004.'.

12.Exemptions for races and other events

In regulation 405(2) of the Road Safety (Road Rules) Regulations 1999 after "the Transport Act 1983," insert "the Road Management Act 2004,".

13.Exemptions for highway collections

In regulation 408(3) of the Road Safety (Road Rules) Regulations 1999, after "the Fundraising Appeals Act 1998," insert "the Transport Act 1983, the Road Management Act 2004,".

14.Revocation of spent provisions

Part 7 of the Road Safety (Road Rules) Regulations 1999 is revoked.

15.Modification of Road Rulesreferences to penalty units—

After item 7 of Schedule 4 to the Road Safety (Road Rules) Regulations 1999 insert—

"8. Rule 10 of the Road Rules is to be read as if for subrule (3), and the example at the foot of that subrule, there were substituted—

'(3) If a penalty is stated as a number of "penalty units", the penalty is the amount calculated by multiplying that number by the value of a penalty unit fixed under section 5 of the Monetary Units Act 2004.'.".

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ENDNOTES

[1] Reg. 4: S.R. No. 120/1999.  Reprint No. 1 as at 15 December 2002.  Reprinted to S.R. No. 116/2002.