{"id":"F2008L02559","name":"National Transport Commission (Model Amendments Regulations: Australian Road Rules - Package No. 7) Regulations 2008","slug":"national-transport-commission-model-amendments-regulations-australian-road-rules-package-no-7-regula","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"154 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":74563,"registerId":"commonwealth-F2008L02559-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulations","content":"#### 1 Name of Regulations\n\n  These Regulations are the National Transport Commission (Model Amendments Regulations: Australian Road Rules—Package No. 7) Regulations 2008.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  These Regulations commence on the day after they are registered.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Model legislation","content":"#### 3 Model legislation\n\n  For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out model legislation.\n\n> Note 1: The model legislation does not have the force of law (see paragraph 7(2)(a) of the NTC Act).\n\n> Note 2: These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.\n\n> Note 3: These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.","sortOrder":2},{"sectionNumber":"1. Name","sectionType":"section","heading":"1. Name","content":"#### 1. Name\n\n  These Regulations are the Model Amendments Regulations: Australian Road Rules—Package No. 7.","sortOrder":3},{"sectionNumber":"2. Purpose","sectionType":"section","heading":"2. Purpose","content":"#### 2. Purpose\n\n  The purpose of these Regulations is to amend the Australian Road Rules –\n    (a) to exclude roundabouts from the operation of rule 63 (giving way at an intersection with traffic lights not operating or only partly operating); and\n    (b) to make further provision for the crossing of level crossings by pedestrians; and\n    (c) to make changes concerning the seating and restraining of children under 7 years old in motor vehicles; and\n    (d) to make other changes of a minor nature to improve the operation of those Rules.","sortOrder":4},{"sectionNumber":"3. Approval","sectionType":"section","heading":"3. Approval","content":"#### 3. Approval\n\n  These Regulations were approved by the Australian Transport Council on 25 January 2008.","sortOrder":5},{"sectionNumber":"4. Rules being amended by these Regulati","sectionType":"section","heading":"4. Rules being amended by these Regulations","content":"#### 4. Rules being amended by these Regulations\n\n  These Regulations amend the Australian Road Rules.","sortOrder":6},{"sectionNumber":"5. Giving way at an intersection with tr","sectionType":"section","heading":"5. Giving way at an intersection with traffic lights not operating or only partly operating","content":"#### 5. Giving way at an intersection with traffic lights not operating or only partly operating\n\n  In rule 63, after the diagram of the Traffic light‑stop sign following subrule (3) insert –\n  “(4) Subrule (3) does not apply if the intersection is a roundabout.\n\n> Note 1: Roundabout is defined in the dictionary.\n\n> Note 2: Rule 114 requires a driver entering a roundabout to give way to any vehicle in the roundabout and to any tram that is entering or approaching the roundabout.”.","sortOrder":7},{"sectionNumber":"6. Reduction of the distance a driver ma","sectionType":"section","heading":"6. Reduction of the distance a driver may drive in a tram lane","content":"#### 6. Reduction of the distance a driver may drive in a tram lane\n\n  In rule 158(4)(a), after “bicycle lane” insert “or a tram lane”.","sortOrder":8},{"sectionNumber":"7. Crossing a level crossing","sectionType":"section","heading":"7. Crossing a level crossing","content":"#### 7. Crossing a level crossing\n\n  (1) For the note after rule 235(1) substitute –\n\n> Note: “Note 1: Level crossing is defined in rule 120.\n\n> Note 2: If the pedestrian facility is a footpath or shared path at which there is a red pedestrian light, rule 235A imposes further obligations on pedestrians using the facility.”.\n\n  (2) After rule 235(2) insert –\n  “(2A) If any of the following events occurs after a pedestrian has started to cross a railway line, or tram tracks, at a level crossing, he or she must finish crossing the line or tracks without delay:\n    (a) warning lights start flashing, or warning bells start ringing;\n    (b) a gate, boom or barrier starts to close;\n    (c) a train or tram approaches the crossing.\n\nOffence provision.”.","sortOrder":9},{"sectionNumber":"8. Insertion of rule 235A","sectionType":"section","heading":"8. Insertion of rule 235A","content":"#### 8. Insertion of rule 235A\n\n  After rule 235 insert –\n\n“235A. Crossing a pedestrian level crossing that has a red pedestrian light\n\n  (1) A pedestrian level crossing is an area where a footpath or shared path crosses a railway or tram tracks at substantially the same level.\n\n> Note: Footpath, shared path and tram tracks are defined in the dictionary.\n\n  (2) If a pedestrian approaches a pedestrian level crossing that has a red pedestrian light, he or she must not start to cross the crossing while the light is red.\n\nOffence provision.\n\n> Note: Red pedestrian light is defined in the dictionary.\n\n  (3) If a red pedestrian light at a pedestrian level crossing appears after a pedestrian has started to cross the crossing, he or she must finish crossing the crossing without delay.\n\nOffence provision.\n\n> Note: Red pedestrian light is defined in the dictionary.\n\n| Red pedestrian light showingred pedestrian symbol |\n| ------------------------------------------------- |\n|                                                   |\n\n”.","sortOrder":10},{"sectionNumber":"9. Wearing of seatbelts by passengers un","sectionType":"section","heading":"9. Wearing of seatbelts by passengers under 7 years old","content":"#### 9. Wearing of seatbelts by passengers under 7 years old\n\n  (1) For rule 266(2) substitute –\n  “(2) If the passenger is less than 6 months old, he or she must be restrained in a suitable and properly fastened and adjusted rearward facing approved child restraint.\n\n> Note 1: Approved child restraint is defined in subrule (7) and rearward facing is defined in subrule (6A).\n\n> Note 2: See subrule (4B) if a passenger cannot safely be restrained as required by this subrule because of his or her height or weight.\n\n  (2A) If the passenger is 6 months old or older, but is less than 4 years old, he or she must be restrained in a suitable and properly fastened and adjusted –\n    (a) rearward facing approved child restraint; or\n    (b) forward facing approved child restraint that has an inbuilt harness.\n\n> Note 1: Approved child restraint is defined in subrule (7) and forward facing and rearward facing are defined in subrule (6A).\n\n> Note 2: See subrule (4C) if a passenger cannot safely be restrained as required by this subrule because of his or her height or weight.\n\n  (2B) If the passenger is 4 years old or older, but is less than 7 years old, he or she must –\n    (a) be restrained in a suitable and properly fastened and adjusted forward facing approved child restraint that has an inbuilt harness; or\n    (b) be placed on a properly positioned approved booster seat and be restrained by a seatbelt that is properly adjusted and fastened.\n\n> Note 1: Approved child restraint and approved booster seat are defined in subrule (7) and forward facing is defined in subrule (6A).\n\n> Note 2: See subrule (4D) if a passenger cannot safely be restrained as required by this subrule because of his or her height or weight.\n\n> Note 3: In relation to paragraph (b), subrule (4E) permits an approved child safety harness to be worn instead of the sash part of a lap and sash seatbelt.”.\n\n  (2) For rule 266(3) substitute –\n  “(3) A passenger who is under 4 years old must not be in the front row of a motor vehicle that has 2 or more rows of seats.\n  (3A) A passenger who is 4 years old or older, but is less than 7 years old, must not be in the front row of a motor vehicle that has 2 or more rows of seats unless all of the other seats in the row or rows behind the front row are occupied by passengers who are also under 7 years old.”.\n  (3) In rule 266 –\n    (a) in subrule (4):\n    (i) for “at least 1 year old” substitute “7 years old or older”;\n    (ii) omit “, and is not exempt from wearing a seatbelt under rule 267”;\n    (iii) after paragraph (b)(iii) insert:\n\n> Note: “Note: In relation to paragraph (b)(iii), subrule (4E) permits an approved child safety harness to be worn instead of the sash part of a lap and sash seatbelt.”.\n\n    (b) in subrule (5), for “subrule (2)” substitute “subrules (2), (2A) and (2B)”;\n    (c) in subrule (5)(c), for “under 1 year old” substitute “the same age as the passenger”;\n    (d) in subrule (6)(c), for “(c)” substitute “(b)”.\n  (4) After rule 266(4) insert –\n  “(4A) Subrules (2), (2A), (2B) and (4) do not apply if the passenger is exempt from wearing a seatbelt under rule 267.\n  (4B) If a passenger cannot safely be restrained as required by subrule (2) because of his or her height or weight, he or she must be restrained as if subrule (2A) applied to him or her.\n  (4C) If a passenger cannot safely be restrained as required by subrule (2A) or (4B) because of his or her height or weight, he or she must be restrained as if subrule (2B) applied to him or her.\n  (4D) If a passenger cannot safely be restrained as required by subrule (2B) or (4C) because of his or her height or weight, he or she must be restrained as if subrule (4) applied to him or her.\n  (4E) In the case of a passenger sitting in a seating position that is fitted with a lap and sash type seatbelt, it is sufficient compliance with subrule (2B)(b) or (4)(b)(iii), as the case may be, if, instead of using the sash part of the seatbelt, an approved child safety harness that is properly adjusted and fastened is used to restrain the upper body of the passenger.\n\n> Note: Approved child safety harness is defined in subrule (7).”.\n\n  (5) After rule 266(6) insert –\n  “(6A) For this rule, a child restraint that is properly fastened and adjusted:\n    (a) is forward facing if, once it restrains a passenger, his or her head is closer to the rear of the vehicle than his or her feet;\n    (b) is rearward facing if, once it restrains a passenger, his or her feet are closer to the rear of the vehicle than his or her head.”.\n  (6) In rule 266(7), before the definition of approved child restraint insert:\n\n> “approved booster seat means a booster seat approved, for the Australian Road Rules, under another law of this jurisdiction;”.\n\n  (7) In rule 266(7), after the definition of approved child restraint insert:\n\n> “approved child safety harness means a child safety harness approved, for the Australian Road Rules, under another law of this jurisdiction;”.\n\n  (8) In rule 267(1B), for “1 year old” substitute “7 years old”.\n  (9) In rule 267(1C), after “subrule 266(3)” insert “or (3A)”.","sortOrder":11},{"sectionNumber":"10. Exemption concerning television rece","sectionType":"section","heading":"10. Exemption concerning television receivers and visual display units in motor vehicles","content":"#### 10. Exemption concerning television receivers and visual display units in motor vehicles\n\n  After rule 299(2)(b) insert –\n    “(ba) the visual display unit is a mobile data terminal fitted to a police vehicle or an emergency vehicle; or\n\n> Note: Police vehicle and emergency vehicle are defined in the dictionary.”.","sortOrder":12},{"sectionNumber":"11. Removal of redundant signs","sectionType":"section","heading":"11. Removal of redundant signs","content":"#### 11. Removal of redundant signs\n\n  In Schedule 3, omit the first and second occurring Road access signs.","sortOrder":13},{"sectionNumber":"12. Insertion of new sign","sectionType":"section","heading":"12. Insertion of new sign","content":"#### 12. Insertion of new sign\n\n  In Schedule 3, before the Separated footpath sign insert –\n\n| School zone sign(rule 23) |\n| ------------------------- |","sortOrder":14}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of amending the Australian Road Rules. While it covers multiple topics (roundabouts, level crossings, child restraints), these are all legitimate road safety matters within the scope of the Australian Road Rules. The expansion of child restraint rules from under-1s to under-7s represents a significant policy extension but not a scope creep beyond the purpose of road safety regulation."},"complexity_factors":["Multiple distinct subject matters bundled together (roundabouts, railway crossings, child restraints, vehicle equipment)","Nested conditional logic in child restraint rules (age brackets, height/weight exceptions, seating position restrictions)","Cross-references to existing Australian Road Rules (rules 63, 114, 158, 235, 266, 267, 299) and defined terms in the 'dictionary'","Technical amendment style requires readers to mentally integrate changes into existing text","Age-based tiered system for child restraints creates multiple overlapping conditions (under 6 months, 6 months-4 years, 4-7 years, plus height/weight exceptions)","Exception handling: specific subrules (4B, 4C, 4D) create cascading fallbacks for children who don't fit standard restraints"],"plain_english_summary":"This instrument makes technical amendments to Australia’s model Road Rules, affecting all drivers, parents of young children, pedestrians at rail crossings, and emergency services. States and territories will adopt these changes into local law.\n\nKey changes: roundabouts are excluded from the “broken traffic light = stop” rule; pedestrians must not start and must clear railway crossings when warnings activate; child-restraint rules now cover all children under 7 with age-based requirements and front-seat bans for young children; and minor fixes to signs, tram-lane rules, and in-vehicle devices."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations implement the stated Purpose (see '2. Purpose') by amending the Australian Road Rules on intersections, level crossings, child restraints, signs and display exemptions. They remain within those enumerated topics and do not expand the instrument's scope beyond the described amendments."},"complexity_factors":["Model instrument has no standalone legal force and requires adoption by jurisdictions to take effect (Regulation 3 Note 1) — adds inter-jurisdictional implementation complexity.","Multiple cross-references to other rules and dictionary definitions increase interpretive load (e.g. 'roundabout', 'level crossing', 'footpath', 'red pedestrian light' referenced in Rules 63, 120, 235, 235A).","Detailed, tiered child restraint regime with age/weight exceptions and alternative harness allowances creates a multi-branch compliance matrix (Rule 266 amendments: subrules (2), (2A), (2B), (4A)–(4E), (6A), (7)).","Insertion of explicit offence provisions for pedestrian conduct at level crossings introduces new enforcement points and discretionary decisions for police (Rule 235(2A); Rule 235A(2)–(3)).","Operational interaction: excluding roundabouts from Rule 63 reassigns giving-way obligations to roundabout-specific duties (see inserted Rule 63(4) and Note referring to Rule 114) — potential overlap in duties.","Extension of a lane-distance restriction to tram lanes alters vehicle routing/enforcement in mixed-traffic corridors (Rule 158(4)(a)).","Schedule amendments adding/removing signage (Regulations 11–12; Schedule 3) require physical sign inventory updates and local implementation work.","New equipment exemption for mobile data terminals in police/emergency vehicles creates a narrow, operational compliance carve-out (Rule 299(2)(ba)).","Immediate commencement on registration shortens time for jurisdictions and stakeholders to prepare (Regulation 2)."],"plain_english_summary":"This instrument sets model amendments to the Australian Road Rules: it removes roundabouts from one broken-traffic-light giving-way rule, adds tram lanes to a lane-distance restriction, creates offences and duties for pedestrians at level crossings (including obeying red pedestrian lights and finishing crossing when warnings start), tightens age-based child‑restraint requirements for under‑7s, and updates signs and in-vehicle display exemptions. It affects drivers, pedestrians, parents/caregivers, vehicle operators and enforcement agencies by shifting specific compliance duties and creating new offence triggers once jurisdictions adopt the model."}},"importantCases":[],"_links":{"self":"/api/acts/national-transport-commission-model-amendments-regulations-australian-road-rules-package-no-7-regula","history":"/api/acts/national-transport-commission-model-amendments-regulations-australian-road-rules-package-no-7-regula/history","analysis":"/api/acts/national-transport-commission-model-amendments-regulations-australian-road-rules-package-no-7-regula/analysis","conflicts":"/api/acts/national-transport-commission-model-amendments-regulations-australian-road-rules-package-no-7-regula/conflicts","importantCases":"/api/acts/national-transport-commission-model-amendments-regulations-australian-road-rules-package-no-7-regula/important-cases","documents":"/api/acts/national-transport-commission-model-amendments-regulations-australian-road-rules-package-no-7-regula/documents"}}