National Transport Commission (Road Transport Legislation - Australian Road Rules) Amendment Regulations 2008 (No. 2)

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National Transport Commission (Road Transport Legislation — Australian Road Rules) Amendment Regulations 2008 (No. 2)1

Select Legislative Instrument 2008 No.156

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Transport Commission Act 2003.

Dated 17 July 2008

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

ANTHONY ALBANESE

Minister for Infrastructure, Transport, Regional Development and Local Government

1 Name of Regulations

These Regulations are the National Transport Commission (Road Transport Legislation — Australian Road Rules) Amendment Regulations 2008 (No. 2).

2 Commencement

These Regulations commence on the day after they are registered.

3 Model legislation — Australian Road Rules

For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedule 1 sets out model legislation, in the form of amending Regulations, about the rules to be followed by all road users.

Note 1 The model legislation set out in Schedule 1 does not have the force of law (see paragraph 7 (2) (a) of the NTC Act).

Note 2 These Regulations must be made in accordance with the Agreement (see subparagraph 3 (b) (ii) of the NTC Act).

Note 3 These Regulations are not subject to disallowance — see the Legislative Instruments Act 2003, subsection 44 (2) (table, item 44) and the Legislative Instruments Regulations 2004, regulation 8 and Schedule 2 item 7.

Note 4 These Regulations are not subject to sunsetting — see the Legislative Instruments Act 2003, subsection 54 (2) (table, item 51) and the Legislative Instruments Regulations 2004, regulation 9 and Schedule 3 item 4.

Note 5 The amendments set out in Schedule 1 were approved by the Australian Transport Council on 29 September 2006.

4 Amendment of National Transport Commission (Road Transport Legislation — Australian Road Rules) Regulations 2006

Schedule 1 amends the text set out in Schedule 1 to the National Transport Commission (Road Transport Legislation — Australian Road Rules) Regulations 2006 as if a reference in Schedule 1 to a provision of the Australian Road Rules were a reference to the corresponding provision in that text.

Schedule 1 Amendments

(regulation 3)

[1] Part 4, Division 1, heading

substitute

Division 1 Left turns

[2] Rule 26

substitute

26 Application of Division to roundabouts, road‑related areas and adjacent land

(1) This Division does not apply to a driver entering or leaving a roundabout.

Note 1 Roundabout is defined in rule 109.

Note 2 Part 9 deals with entering and leaving a roundabout.

(2) This Division applies to a driver turning left from a road into a road‑related area or adjacent land, or from a road‑related area into a road, as if the driver were turning left at an intersection.

Note 1 Adjacent land and intersection are defined in the dictionary and road‑related area is defined in rule 13. Adjacent land or a road‑related area can include a driveway, service station or shopping centre — see the definitions.

Note 2 Rule 74 deals with the give way rules applying to a driver entering a road from a road‑related area or adjacent land, and rule 75 deals with the give way rules applying to a driver entering a road‑related area or adjacent land from a road. Rule 212 deals with a driver entering and leaving a median strip parking area.

Note 3 For the meaning of left, see rule 351 (1).

(3) In this rule:

road does not include a road‑related area.

Note A road‑related area includes the shoulder of a road — see rule 13.

[3] Paragraph 28 (1) (c)

omit

subrule (2)

insert

subrule (1A) or (2)

[4] After subrule 28 (1), including the notes and example

insert

(1A) A driver turning left at an intersection from a multi‑lane road that has a slip lane must approach and enter the intersection:

(a) from within the slip lane; or

(b) if there is an obstruction that prevents the driver from entering the intersection from within the slip lane — from within the left lane.

Offence provision.

Note Obstruction and slip lane are defined in the dictionary.

[5] Subrule 28 (3), note 1

substitute

Note 1 Special purpose lane is defined in the dictionary.

[6] Rule 29

substitute

29 Making a left turn as indicated by a turn line

(1) If a driver is turning left at an intersection and there is a turn line indicating how the turn is required to be made, the driver must make the turn as indicated by the turn line unless:

(a) the driver is turning, at B lights or traffic arrows, in accordance with Division 2 of Part 17; or

(b) subrule (2) applies to the driver.

Offence provision.

Note B lights, intersection, traffic arrows and turn line are defined in the dictionary.

Example

Making a left turn as indicated by a turn line

View image in the official source

(2) A driver may turn left at an intersection other than as indicated by a turn line if:

(a) the driver’s vehicle, together with any load or projection, is 7.5 metres long, or longer; and

(b) the vehicle displays a do not overtake turning vehicle sign; and

(c) it is not practicable for the driver to turn left as indicated by the turn line; and

(d) the driver can safely turn left other than as indicated by the turn line.

Note 1 Driver’s vehicle is defined in the dictionary.

Note 2 Vehicle includes a combination — see rule 15 (d).

Note 3 Under the law of this jurisdiction, only certain long vehicles may display a do not overtake turning vehicle sign.

Do not overtake turning vehicle signs

Note for diagrams These signs are displayed on certain long vehicles.

[7] Part 4, Division 2, heading

substitute

Division 2 Right turns

[8] Rule 30

substitute

30 Application of Division to certain right turns

(1) This Division does not apply to:

(a) a driver turning right at an intersection where there is a hook turn only sign; or

(b) the rider of a bicycle making a hook turn under Division 3; or

(c) a driver making a U‑turn; or

(d) a driver entering or leaving a roundabout.

Note 1 Bicycle, intersection and U‑turn are defined in the dictionary and roundabout is defined in rule 109.

Note 2 Division 3 of this Part deals with hook turns, Division 4 deals with U‑turns and Part 9 deals with entering and leaving a roundabout.

Note 3 For the meaning of right, see rule 351 (2).

(2) This Division applies to a driver turning right from a road into a road‑related area or adjacent land, or from a road‑related area into a road, as if the driver were turning right at an intersection.

Note 1 Adjacent land is defined in the dictionary and road‑related area is defined in rule 13. Adjacent land or a road‑related area can include a driveway, service station or shopping centre — see the definitions.

Note 2 Rule 74 deals with the give way rules applying to a driver entering a road from a road‑related area or adjacent land, and rule 75 deals with the give way rules applying to a driver entering a road‑related area or adjacent land from a road. Rule 212 deals with a driver entering and leaving a median strip parking area.

(3) In this rule:

road does not include a road‑related area.

Note A road‑related area includes the shoulder of a road — see rule 13.

[9] Rule 33

substitute

33 Making a right turn

(1) A driver turning right at an intersection must make the turn in accordance with this rule unless:

(a) the driver is turning, at B lights or traffic arrows, in accordance with Division 2 of Part 17; or

(b) subrule (4) applies to the driver.

Offence provision.

Note B lights, intersection and traffic arrows are defined in the dictionary.

(2) If there is a turn line indicating how the turn is required to be made, the driver must make the turn as indicated by the turn line.

Note Turn line is defined in the dictionary.

(3) If there is no turn line indicating how the turn is required to be made, the driver must make the turn so the driver:

(a) passes as near as practicable to the right of the centre of the intersection; and

(b) turns into the left of the centre of the road the driver is entering, unless the driver is entering a one‑way road.

Note Centre of the road is defined in the dictionary.

Examples

(4) A driver may turn right other than as indicated by a turn line if:

(a) the driver’s vehicle, together with any load or projection, is 7.5 metres long, or longer; and

(b) the vehicle displays a do not overtake turning vehicle sign; and

(c) it is not practicable for the driver to turn right as indicated by the turn line; and

(d) the driver can safely make the turn other than as indicated by the turn line.

Note 1 Driver’s vehicle is defined in the dictionary.

Note 2 Vehicle includes a combination — see rule 15 (d).

Note 3 Under the law of this jurisdiction, only certain long vehicles may display a do not overtake turning vehicle sign.

Do not overtake turning vehicle signs

Note for diagrams These signs are displayed on certain long vehicles.

[10] Rule 35, heading

substitute

35 Optional hook turn by the rider of a bicycle or the rider of an animal

[11] Subrule 35 (1)

omit

rider of a bicycle

insert

rider of a bicycle, or the rider of an animal,

[12] After subrule 35 (3), including the note and example

insert

(4) In this rule:

animal does not include an animal drawing a vehicle.

[13] Rule 36, heading

substitute

36 Making a hook turn contrary to no hook turn by bicycles sign

[14] Rule 36

omit

rider of a bicycle

insert

rider of a bicycle, or the rider of an animal,

[15] Part 4, Division 5

omit

[16] Part 6, heading

substitute

Part 6 Traffic lights, traffic arrows and twin red lights

[17] Part 6, Division 1, heading, except the notes

substitute

Division 1 Obeying traffic lights and traffic arrows

[18] Part 6, Division 1, heading, note 1

omit

installed with traffic lights that are

[19] Subrule 56 (1), example

substitute

Example for subrule (1) (b)

[20] Rule 60

omit

an intersection

insert

an intersection or marked foot crossing

[21] Rule 60

omit

the intersection.

insert

the intersection or marked foot crossing.

[22] Rule 60, note 1

substitute

Note 1 Enter, intersection, marked foot crossing and red traffic arrow are defined in the dictionary.

[23] Part 6, Division 2, heading, except the note

substitute

Division 2 Giving way at traffic lights and traffic arrows

[24] Rule 62

omit

A driver

insert

(1) A driver

[25] Rule 62, after note 4

insert

(2) However, a driver who is turning at an intersection with traffic arrows showing a green traffic arrow need not give way to an oncoming vehicle if the driver is turning in the direction indicated by the green traffic arrow.

Note Green traffic arrow is defined in the dictionary.

[26] Subrule 67 (2), including the note

substitute

(2) The driver must stop as near as practicable to, but before reaching:

(a) the stop line; or

(b) if there is no stop line — the intersection.

[27] Subrule 67 (3), note

substitute

Note Enter, give way line, oncoming vehicle, slip lane and U‑turn are defined in the dictionary.

[28] Subrule 68 (1)

omit

(except an intersection, children’s crossing, level crossing, or a place with twin red lights)

[29] Subrule 68 (1)

omit

rule.

insert

rule, unless the place is:

(a) an intersection; or

(b) a children’s crossing; or

(c) an area of a road that is not a children’s crossing only because it does not have:

(i) children crossing flags; or

(ii) children’s crossing signs and twin yellow lights; or

(d) a level crossing; or

(e) a place with twin red lights.

[30] Subrule 68 (2)

substitute

(2) The driver must stop as near as practicable to, but before reaching:

(a) the stop line; or

(b) if there is no stop line — the stop sign.

[31] Subrule 68 (3)

before

stop sign.

insert

stop line or

[32] Paragraph 73 (3) (a)

omit

road; and

insert

road (except a vehicle making a U‑turn on the continuing road at the T‑intersection); and

[33] Paragraph 73 (5) (a)

omit

right; and

insert

right (except a vehicle making a U‑turn from the terminating road at the T‑intersection); and

[34] Subrule 80 (2)

omit

must stop at

insert

must stop as near as practicable to, but before reaching,

[35] Subrule 80 (3)

after

until

insert

there is no pedestrian on or entering the crossing and

[36] Subrule 81 (3), except the notes, diagram and examples

substitute

(3) A pedestrian crossing is an area of a road:

(a) at a place with white stripes on the road surface that:

(i) run lengthwise along the road; and

(ii) are of approximately the same length; and

(iii) are approximately parallel to each other; and

(iv) are in a row that extends completely, or partly, across the road; and

(b) with or without either or both of the following:

(i) a pedestrian crossing sign;

(ii) alternating flashing twin yellow lights.

[37] Rule 85

substitute

85 Giving way on a painted island

A driver entering a turning lane from a painted island must give way to:

(a) any vehicle in the turning lane; or

(b) if the turning lane and painted island are nearest to the far left side of the road — any vehicle entering the turning lane from the marked lane, or line of traffic, immediately to the right of the turning lane; or

(c) if the turning lane and painted island are nearest to the dividing line or median strip on the road or the far right side of the road — any vehicle entering the turning lane from the marked lane, or line of traffic, immediately to the left of the turning lane.

Offence provision.

Note 1 Line of traffic, marked lane, painted island and turning lane are defined in the dictionary.

Note 2 Rules 138 and 139 (4) allow a driver to drive on a painted island in certain circumstances.

Note 3 For this rule, give way means the driver must slow down and, if necessary, stop to avoid a collision — see the definition in the dictionary.

Examples

In the examples, vehicle B must give way to vehicle A.

[38] Rule 87, heading

substitute

87 Giving way when moving from a side of a road or a median strip parking area

[39] Subrule 87 (1)

omit

road, or from a shoulder of a road,

insert

road

[40] Subrule 87 (1), note 1

substitute

Note 1 Line of traffic and marked lane are defined in the dictionary.

[41] After subrule 87 (3), including the notes

insert

(4) In this rule:

road does not include a road‑related area, but includes any shoulder of the road.

Note Road‑related area is defined in rule 13 and shoulder is defined in rule 12.

[42] Part 8, Division 1, heading

substitute

Division 1 Traffic signs and road markings at intersections and other places

Note Intersection, road marking and traffic sign are defined in the dictionary.

[43] Subrules 91 (1) and (2), except the diagrams and the note for diagrams

substitute

(1) If there is a no left turn sign at an intersection, or another place on a road, a driver must not turn left at the intersection or place.

Offence provision.

(2) If there is a no right turn sign at an intersection, or another place on a road, a driver must not turn right or make a U‑turn at the intersection or place.

Offence provision.

[44] Subrule 91 (3)

substitute

(3) However, a driver may make a U‑turn at the intersection or place if there is a U‑turn permitted sign at the intersection or place.

[45] Subrule 92 (2), including the note and the examples

substitute

(2) However, this rule does not apply to a driver if:

(a) the arrows indicate a direction to the right (whether or not they also indicate another direction) at an intersection and the driver is making a U‑turn at the intersection; or

(b) a traffic sign indicates that the driver may drive in a direction different to that indicated by the traffic lane arrows; or

(c) the driver is driving in the direction indicated by traffic lane arrows that apply to 1 or more marked lanes and there is an obstruction in each of those lanes; or

(d) the driver is turning at an intersection in accordance with subrule 28 (2) or 32 (2).

Note 1 Obstruction and U‑turn are defined in the dictionary.

Note 2 Rules 40 and 41 deal with making a U‑turn at an intersection. If there are traffic lights at the intersection, the driver may make a U‑turn only if there is a U‑turn permitted sign at the intersection. If there are no traffic lights at the intersection, the driver may make a U‑turn unless there is a no U‑turn sign at the intersection.

Note 3 Subrule 28 (2) deals with vehicles 7.5 metres long or longer turning left at an intersection from within the marked lane next to the left lane as well as, or instead of, the left lane on a multi‑lane road. Rule 32 (2) deals with vehicles 7.5 metres long or longer turning right at an intersection from within the marked lane next to the right lane as well as, or instead of, the right lane on a multi‑lane road.

Examples

[46] Subrule 98 (2), after note 2

insert

(3) This rule does not apply to the rider of a motor bike that is a postal vehicle, the rider of a bicycle or the rider of an animal if the rider:

(a) is riding on a footpath, nature strip or shared path adjacent to the length of road; and

(b) is permitted to ride on the footpath, nature strip or shared path under the Australian Road Rules or another law of this jurisdiction.

Note Bicycle, footpath, motor bike, nature strip and postal vehicle are defined in the dictionary and shared path is defined in rule 242.

[47] Subrule 99 (2), before the diagrams

insert

(3) This rule does not apply to the rider of a motor bike that is a postal vehicle, the rider of a bicycle or the rider of an animal if the rider:

(a) is riding on a footpath, nature strip or shared path; and

(b) is permitted to ride on the footpath, nature strip or shared path under the Australian Road Rules or another law of this jurisdiction.

Note Bicycle, footpath, motor bike, nature strip and postal vehicle are defined in the dictionary and shared path is defined in rule 242.

[48] After rule 101

insert in Division 2

101A Safety ramp and arrester bed signs

(1) A driver must not drive on a safety ramp or arrester bed unless:

(a) it is necessary or desirable for the driver to drive on the safety ramp or arrester bed in the interests of safety; or

(b) the driver is permitted to drive on the safety ramp or arrester bed under another law of this jurisdiction.

Offence provision.

(2) In this rule:

arrester bed means an area to which an arrester bed sign applies.

safety ramp means an area to which a safety ramp sign applies.

[49] Subrule 104 (4), except the diagram

substitute

(4) This rule does not apply to a driver if the destination of the driver lies beyond a no trucks sign and:

(a) there is no other route by which the driver’s vehicle could reach that destination; or

(b) any other route by which the driver’s vehicle could reach that destination would require the vehicle to pass another no trucks sign.

[50] Rule 109

omit

intersection with:

insert

intersection:

[51] Paragraph 109 (a)

omit

either:

insert

with either:

[52] Paragraph 109 (b)

substitute

(b) with or without a roundabout sign at each entrance.

[53] Subrule 111 (2), example 1, diagram

substitute

View image in the official source

[54] Subrule 111 (3), example 2, diagram

substitute

View image in the official source

[55] Subrule 111 (4), example 3, diagram

substitute

View image in the official source

[56] Subrule 111 (5), example 4, diagram

substitute

View image in the official source

[57] Subrule 115 (1), except the note

substitute

(1) A driver driving in a roundabout must drive:

(a) to the left of the central traffic island in the roundabout; or

(b) if subrule (2) applies to the driver — on the edge of the central traffic island, to the left of the centre of the island; or

(c) if subrule (3) applies to the driver — over the central traffic island, to the left of the centre of the island.

Offence provision.

[58] Paragraph 121 (a)

substitute

(a) stop as near as practicable to, but before reaching, the stop line or, if there is no stop line, as near as practicable to, but before reaching, the stop sign; and

[59] Paragraph 130 (2) (g)

omit

congested.

insert

congested; or

[60] After paragraph 130 (2) (g)

insert

(h) the right lane is a special purpose lane in which the driver, under another provision of the Australian Road Rules, is permitted to drive; or

(i) there are only 2 marked lanes and the left lane is a slow vehicle turn out lane.

[61] Subrule 130 (2), note 1

substitute

Note 1 Centre of the road, left traffic lane arrows, obstruction, overtake, right change of direction signal, special purpose lane, traffic, and U‑turn are defined in the dictionary.

[62] Subrule 130 (4), after definition of lane, including the notes

insert

slow vehicle turn out lane means a marked lane, or the part of a marked lane, to which a slow vehicle turn out lane sign applies.

Note A slow vehicle turn out lane is designed for slow‑moving vehicles to move into to allow faster vehicles to pass in an adjacent marked lane.

[63] Rule 130, diagram of End keep left unless overtaking sign

substitute

[64] Rule 130, after the diagrams

insert

Note for diagrams There is another permitted version of the End keep left unless overtaking sign — see the diagram in Schedule 3.

[65] Rule 131

omit

A driver

insert

(1) A driver

[66] Rule 131

after note 2, insert

(2) This rule does not apply to the rider of a motor bike that is a postal vehicle, the rider of a bicycle or the rider of an animal if:

(a) the rider is riding on a footpath, nature strip or shared path; and

(b) the rider is permitted to ride on the footpath, nature strip or shared path under the Australian Road Rules or another law of this jurisdiction; and

(c) either:

(i) the oncoming vehicle is not on the footpath, nature strip or shared path; or

(ii) the oncoming vehicle is not permitted, under the Australian Road Rules or under another law of this jurisdiction, to be on the footpath, nature strip or shared path.

Note Bicycle, footpath, motor bike, nature strip and postal vehicle are defined in the dictionary and shared path is defined in rule 242.

[67] After subrule 132 (2), including the note

insert

(2A) A driver on a road with 2 parallel continuous dividing lines must not drive across the dividing lines to perform a U‑turn.

Offence provision.

Note A driver may drive across a dividing line that is a broken dividing line only, or a broken dividing line to the left of a single continuous dividing line, or a single continuous dividing line only, to perform a U‑turn — see rules 134 (2) and (2A).

[68] Subrule 132 (3), after note 2

insert

(4) In this rule:

road does not include a footpath, nature strip or shared path.

Note Footpath and nature strip are defined in the dictionary and shared path is defined in rule 242.

[69] Rule 134, examples 3, 4 and 5

substitute

[70] Subrule 138 (2), note 2

omit

island.

insert

island and rule 197 deals with stopping on painted islands.

[71] Paragraph 141 (1) (b)

omit

signal; or

insert

signal and it is safe to overtake to the left of the vehicle; or

[72] Subrule 141 (1), note

substitute

Note 1 Bicycle, centre of the road, marked lane, multi‑lane road, overtake, right change of direction signal and U‑turn are defined in the dictionary.

Note 2 The rider of a motor bike is not permitted to ride in a marked lane past the left or right of a vehicle (except another motor bike or a bicycle) that is travelling, or is stationary but not parked, in the marked lane — see rule 151A.

[73] Paragraph 146 (1) (a)

omit

service road, a shoulder of the road or emergency stopping lane); or

insert

service road or a shoulder of the road); or

[74] Subrule 146 (1), note 1

omit

the dictionary, shoulder is defined in rule 12, and emergency stopping lane is defined in rule 95.

insert

the dictionary and shoulder is defined in rule 12.

[75] Paragraph 146 (2) (b)

omit

service road, a shoulder of the road or an emergency stopping lane); or

insert

service road or a shoulder of the road); or

[76] After subrule 146 (2), including the note

insert

(3) If a driver diverges to the left or right within a marked lane, the driver must give way to any vehicle that is in the same marked lane.

Offence provision.

[77] Subrule 148 (1)

omit

on a multi‑lane road

[78] Subrule 148 (1), example 1

substitute

Example 1

View image in the official source

[79] Subrule 150 (1), including the notes

substitute

(1) A driver must not drive on or over a continuous white edge line on a road unless subrule (1A) or (1B) applies to the driver.

Offence provision.

Note 1 Edge line is defined in the dictionary.

Note 2 A driver must not stop at the side of a road marked with a continuous yellow edge line — see rule 169.

(1A) A driver may drive on or over a continuous white edge line on a road if the driver is:

(a) overtaking a vehicle that is turning right, or making a U‑turn from the centre of the road, and is giving a right change of direction signal; or

(b) driving a slow‑moving vehicle, and it is necessary for the driver to drive on or over the edge line to allow the vehicle to be overtaken or passed by another vehicle; or

(c) driving a vehicle that is too wide, or too long, to drive on the road without driving on or over the edge line; or

(d) permitted to drive on or over the edge line under another law of this jurisdiction; or

(e) avoiding an obstruction.

Note Centre of the road, obstruction, overtake, right change of direction signal and U‑turn are defined in the dictionary.

(1B) A driver may drive on or over a continuous white edge line on a road for up to 100 metres if the driver is:

(a) turning at an intersection; or

(b) entering or leaving the road; or

(c) entering a part of the road of one kind from a part of the road of another kind (for example, moving to or from a service road, a shoulder of the road or an emergency stopping lane); or

(d) stopping at the side of the road (including any shoulder of the road).

Note Intersection and service road are defined in the dictionary, emergency stopping lane is defined in rule 95, and shoulder is defined in rule 12.

[80] After rule 151

insert in Division 4

151A Riding a motor bike alongside a vehicle

The rider of a motor bike must not ride in a marked lane past the left or right of a vehicle (except another motor bike or a bicycle) that is travelling, or is stationary but not parked, in the marked lane.

Offence provision.

Note Bicycle, marked lane and motor bike are defined in the dictionary.

[81] Subrule 154 (2), except the diagrams and the note for diagrams

substitute

(2) A bus lane is a marked lane, or the part of a marked lane:

(a) beginning at a bus lane sign (whether or not there is also a bus lane road marking) and ending at the nearest of the following:

(i) an end bus lane sign;

(ii) a traffic sign that indicates the beginning of another special purpose lane; or

(b) beginning at a bus lane road marking (if there is no bus lane sign) and ending at the next intersection.

Note Intersection, marked lane, special purpose lane and traffic sign are defined in the dictionary.

(3) In this rule:

bus lane road marking means a road marking consisting of:

(a) the letters ‘BL’; or

(b) the words ‘bus lane’; or

(c) the words ‘bus only’.

Note Road marking is defined in the dictionary.

[82] Subrule 155 (1)

omit

tram or public bus)

insert

tram, tram recovery vehicle or public bus)

[83] Subrule 155 (1), note 1

substitute

Note 1 Public bus, tram and tram recovery vehicle are defined in the dictionary.

[84] Subrule 155 (3), including the notes, diagrams and example

substitute

(3) A tram lane is a part of a road with tram tracks that:

(a) is marked along the left side of the tracks (when facing the direction of travel of a tram on the tracks) by a continuous yellow line parallel to the tracks; and

(b) begins at a tram lane sign; and

(c) ends at an end tram lane sign.

Note Tram tracks is defined in the dictionary.

[85] After rule 155

insert

155A Tramways

(1) A driver (except the driver of a tram, tram recovery vehicle or public bus) must not drive in a tramway, unless the driver is permitted to drive in the tramway under subrule (2).

Offence provision.

Note 1 Public bus, tram and tram recovery vehicle are defined in the dictionary.

Note 2 The exceptions and defence provided in rule 158 do not apply to tramways.

(2) A driver may drive in a tramway if:

(a) it is necessary for the driver to drive in the tramway to avoid an obstruction; and

(b) when driving in the tramway, the driver does not move into the path of an approaching tram or public bus travelling in the tramway.

Note Obstruction is defined in the dictionary.

(3) A tramway is a part of a road with tram tracks that is:

(a) between a tramway sign and an end tramway sign; and

(b) marked along the left side of the tracks (when facing the direction of travel of a tram on the tracks) by either:

(i) 2 continuous yellow lines parallel to the tracks; or

(ii) a structure (for example, a dividing strip, pedestrian refuge, traffic island, row of bollards or separation kerb), whether or not the structure is also being used to indicate a safety zone.

Note Dividing strip, traffic island and tram tracks are defined in the dictionary and safety zone is defined in rule 162.

[86] Subrule 168 (3), except the diagrams and the notes for diagrams

substitute

(3) In this rule:

required time means:

(a) if information on or with the sign indicates a time — the indicated time; or

(b) if there is no indicated time — 2 minutes; or

(c) if there is no indicated time, or the indicated time is less than 5 minutes, and rule 206 applies to the driver — 5 minutes.

Note 1 With is defined in the dictionary.

Note 2 Rule 206 applies to a driver if the driver’s vehicle displays a current parking permit for people with disabilities and the driver complies with the conditions of use of the permit — see rule 206 (1).

[87] Subrule 170 (1), before the note

insert

Offence provision.

[88] Rule 171, example 1, diagram

substitute

View image in the official source

[89] Subrules 176 (4) and (5), except the diagrams and the note for diagrams

substitute

(4) A clearway sign applies, for the days or times indicated on the sign, to a length of road beginning at the sign and ending at the nearest of the following:

(a) a clearway sign on the road that indicates different days or times;

(b) an end clearway sign on the road;

(c) the end of the road.

[90] Subrule 196 (1), except the notes

substitute

(1) A driver (except the driver of a tram, a tram recovery vehicle or a public bus travelling along tram tracks) must not stop at a tram stop or on the road within 20 metres before a sign that indicates a tram stop, unless:

(a) the driver stops at a place on a length of road, or in an area, to which a parking control sign applies; and

(b) the driver is permitted to stop at that place under the Australian Road Rules.

Offence provision.

[91] Subrule 196 (1), note 1

substitute

Note 1 Parking control sign, public bus, tram and travelling along tram tracks are defined in the dictionary.

[92] Rule 197, heading

substitute

197 Stopping on a path, dividing strip, nature strip or painted island

[93] After subrule 197 (1), including the notes

insert

(1A) A driver must not stop on a painted island.

Offence provision.

Note 1 Painted island is defined in the dictionary.

Note 2 Rule 85 deals with the give way rules applying to a driver entering a turning lane from a painted island and rule 138 deals with keeping off painted islands.

[94] Subrule 197 (2)

omit

This rule

insert

Subrule (1)

[95] After subrule 205 (1), including the note

insert

(1A) If a permissive parking sign does not indicate a period and does not indicate that it applies at particular times, or at particular times on particular days, a driver may, at any time, park continuously on a length of road, or in an area, to which the sign applies, unless:

(a) another parking control sign applies to the length of road or area; and

(b) the driver is prohibited from parking on the length of road, or in the area, under the Australia Road Rules.

Note Parking control sign is defined in the dictionary.

[96] After rule 205

insert

205A Parking outside times indicated

If a permissive parking sign indicates that it applies at particular times, or at particular times on particular days, a driver may park on the length of road, or in an area, to which the sign applies at a time, or at a time on a day, when the sign does not apply, unless:

(a) another parking control sign applies to the length of road or area; and

(b) the driver is prohibited from parking on the length of road, or in the area, at that time, or at that time on that day, under the Australia Road Rules.

Note 1 Parking control sign is defined in the dictionary.

Note 2 Rules 318 (1) and (2) deal with the effect of information on or with a traffic control device (including a permissive parking sign) that limits the application of the device to particular times or days. Under rule 318 (3), if the information indicates that the device applies on a particular day, for example Friday, the sign does not have effect on a Friday that is a public holiday at the place where the device is located, unless otherwise stated.

[97] Subrule 208 (6)

omit

any dividing line

insert

the continuous dividing line

[98] After rule 208

insert

208A Parallel parking in a road‑related area (except in a median strip parking area)

A driver who parks in a road‑related area (except in a median strip parking area) must position the driver’s vehicle to face:

(a) in the direction of travel of vehicles in the marked lane or line of traffic next to the part of the road‑related area where the driver parks; or

(b) if there is no traffic next to that part of the road‑related area — in the direction in which vehicles could lawfully travel in the road‑related area; or

(c) if the road‑related area is an area that divides a road — either:

(i) in the direction of travel of vehicles in the marked lane or line of traffic to the left of the driver; or

(ii) if there is no traffic to the left of the driver — in the direction in which vehicles could lawfully travel on that part of the road.

Offence provision.

Note Driver’s vehicle, line of traffic, marked lane and median strip parking area are defined in the dictionary and road‑related area is defined in rule 13.

[99] Subrule 210 (2A), examples

substitute

[100] Subrule 210 (4A), examples

substitute

[101] Subrules 211 (1) and (2)

substitute

(1) This rule applies to a driver who parks on a length of road, or in an area, that has parking bays (whether or not a park in bays only sign applies to the length of road or area).

Offence provision.

Note Parking bay is defined in the dictionary.

Park in bays only sign

View image in the official source

(2) The driver must position the driver’s vehicle completely within a single parking bay, unless the vehicle is too wide or long to fit completely within the bay.

Offence provision.

Note 1 Driver’s vehicle is defined in the dictionary.

Note 2 Vehicle includes a combination — see rule 15 (d).

[102] Subrule 211 (3), diagram

omit

[103] Subrule 213 (5)

substitute

(5) If the driver will be over 3 metres from the closest part of the vehicle and there is no‑one left in the vehicle, the driver must:

(a) if the windows of the vehicle can be secured — secure the windows immediately before leaving the vehicle; and

(b) if the doors of the vehicle can be locked — lock the doors immediately after leaving the vehicle.

Offence provision.

Note Window is defined in the dictionary.

[104] Rule 217, heading

substitute

217 Using fog lights

[105] Subrule 217 (1)

omit

a rear fog light must not operate the fog light

insert

front or rear fog lights must not operate the fog lights

[106] Subrule 217 (2)

substitute

(2) In this rule:

front fog light means a light (other than a headlight) fitted to the front of a vehicle to improve illumination of the road in fog, snowfall, heavy rain or dust clouds.

rear fog light means a light (other than a tail light) fitted to the rear of a vehicle to make the vehicle more easily visible from the rear in fog, snowfall, heavy rain or dust clouds.

[107] Paragraph 221 (g)

omit

device

insert

device, or an alcohol ignition interlock system,

[108] Paragraph 224 (b)

omit

anti‑theft device

insert

anti‑theft device, or an alcohol ignition interlock system,

[109] Subrule 225 (1)

omit

the vehicle

insert

the vehicle, or a trailer being towed by the vehicle,

[110] Subrule 225 (2), including the note

substitute

(2) A person who is travelling in or on a vehicle or trailer must not have in his or her possession a device for preventing the effective use of a speed measuring device, or a device for detecting the use of a speed measuring device, unless the person is exempt from this rule under another law of this jurisdiction.

Offence provision.

(3) Subrules (1) and (2) apply whether or not the device is operating or in working order.

Note Under the law of this jurisdiction, radar detectors and similar devices may be subject to confiscation.

[111] Subrule 236 (5)

omit

A person in

insert

A driver, or a passenger, in or on

[112] After paragraph 238 (2) (a)

insert

(ab) must, when moving forward, face approaching traffic that is moving in the direction opposite to which the pedestrian is travelling, unless it is impracticable to do so; and

[113] Before rule 240

insert in Part 14, Division 2

240A No wheeled recreational devices or toys sign

A person travelling in or on a wheeled recreational device or wheeled toy must not travel past a no wheeled recreational devices or toys sign.

Offence provision.

No wheeled recreational devices or toys sign

[114] Paragraph 240 (1) (b)

omit

60

insert

50

[115] Paragraph 240 (2) (b)

substitute

(b) on a road at night; or

(c) on a road at any other time if another law of this jurisdiction prohibits wheeled recreational devices from being on all roads, or that road, at that time.

[116] Subrule 240(2), example

omit

[117] Subrule 240 (2), after the penalty

insert

Note Night is defined in the dictionary.

[118] After subrule 240 (3)

insert

(3A) Subrules (1) and (2) do not apply to a person who is crossing a road in or on a wheeled recreational device or wheeled toy, if the person:

(a) crosses the road by the shortest safe route; and

(b) does not stay on the road longer than necessary to cross the road safely; and

(c) is not prohibited, under another law of this jurisdiction, from crossing the road in or on the wheeled recreational device or wheeled toy.

[119] Subrule 240 (4)

omit

In subrule (1),

insert

In subrules (1) and (2) (b),

[120] Rule 246

omit

The rider

insert

(1) The rider

[121] Rule 246

after the example, insert

(2) A passenger on a bicycle that is moving, or is stationary but not parked, must sit in the seat designed for the passenger.

Offence provision.

(3) The rider of a bicycle must not ride with a passenger unless the passenger complies with subrule (2).

Offence provision.

[122] Subrules 256 (2) and (3)

substitute

(2) A passenger on a bicycle that is moving, or is stationary but not parked, must wear an approved bicycle helmet securely fitted and fastened on the passenger’s head, unless the passenger is:

(a) a paying passenger on a three or four‑wheeled bicycle; or

(b) exempt from wearing a bicycle helmet under another law of this jurisdiction.

Offence provision.

(3) The rider of a bicycle must not ride with a passenger on the bicycle unless the passenger complies with subrule (2).

Offence provision.

[123] Subrule 260 (1), note

substitute

Note 1 Bicycle crossing lights is defined in the dictionary.

Note 2 Red bicycle crossing light includes a flashing red bicycle crossing light — see the definition in the dictionary.

[124] Subrule 261 (1), note

substitute

Note 1 Bicycle crossing lights is defined in the dictionary.

Note 2 Yellow bicycle crossing light includes a flashing yellow bicycle crossing light — see the definition in the dictionary.

[125] Rule 262

substitute

262 Proceeding when bicycle crossing lights change to yellow or red

(1) The rider of a bicycle who is crossing at an intersection, or another place on a road, with bicycle crossing lights and traffic lights must comply with this rule.

Offence provision.

Note Bicycle crossing lights, intersection and traffic lights are defined in the dictionary.

(2) If the bicycle crossing lights change from green to yellow, flashing yellow, red or flashing red while the rider is crossing the road, the rider must not stay on the road for longer than necessary to cross safely to the nearer (in the direction of travel of the rider) of the following:

(a) a dividing strip, safety zone, or traffic island, forming part of the area set aside or used by riders of bicycles to cross the road at the intersection or place (the safety area);

(b) the nearest side of the road.

Note Dividing strip and traffic island are defined in the dictionary, and safety zone is defined in rule 162.

(3) If, under subrule (2), the rider crosses to the safety area, the rider must remain in the safety area until the bicycle crossing lights change to green.

(4) However, if the rider cannot operate the bicycle crossing lights from the safety area, the rider may cross to the far side of the road when:

(a) the traffic lights change to green or flashing yellow, or there is no red traffic light showing; and

(b) it is safe to do so.

Note Red traffic light is defined in the dictionary.

(5) In this rule:

road does not include a road‑related area, but includes any shoulder of the road.

Note Road‑related area is defined in rule 13 and shoulder is defined in rule 12.

[126] Paragraph 267 (5) (b)

substitute

(b) either:

(i) if the vehicle has 2 or more rows of seats — the person is not in the front row of seats or there is not a seating position available for the person in another row of seats; or

(ii) if the vehicle is a police vehicle and has a caged, or other secured, area designed for the carriage of passengers — the person occupies a seating position in that area.

[127] Subrule 268 (3), after the penalty

insert

Note Window is defined in the dictionary.

[128] Subrules 268 (4A) and (4B)

omit

who is under 16 years old

[129] Subrule 271 (1)

omit

that is moving, or

insert

that is moving (other than a rider who is walking beside and pushing a motor bike), or the rider of a motor bike that

[130] After subrule 271 (5)

insert

(5A) The rider of a motor bike must not ride with a passenger who is under 8 years old unless the passenger is in a sidecar.

Offence provision.

(5B) A passenger must not ride in a sidecar of a motorbike unless the passenger is seated safely.

Offence provision.

(5C) The rider of a motor bike must not ride with a passenger in a sidecar unless the passenger complies with subrule (5B).

Offence provision.

[131] Part 17, heading, except the notes

substitute

Part 17 Additional rules for drivers of trams, tram recovery vehicles and public buses

[132] Part 17, heading, note 1

after

trams,

insert

tram recovery vehicles,

[133] Part 17, heading, note 2

omit

trams and public buses

insert

trams, tram recovery vehicles and public buses

[134] Part 17, Division 1, heading, note

substitute

Note Public bus, T lights, tram, tram recovery vehicle and travelling along tram tracks are defined in the dictionary.

[135] Rule 273

substitute

273 Division also applies to tram recovery vehicles and public buses travelling along tram tracks

(1) This Division applies to the driver of a tram recovery vehicle as if a reference in the Division to a tram included a reference to a tram recovery vehicle.

(2) This Division applies to the driver of a public bus travelling along tram tracks as if a reference in the Division to a tram included a reference to a public bus travelling along tram tracks.

[136] Rule 280, heading

substitute

280 Application of Division

[137] Subrule 280 (1), except the note

substitute

(1) This Division applies to the driver of a public bus who is driving in a bus lane.

[138] After subrule 297 (1)

insert

(1A) A driver must not drive a vehicle if a child or an animal is in the driver’s lap.

Offence provision.

[139] After subrule 297 (2), including the note

insert

(3) The rider of a motor bike must not ride with an animal on the petrol tank of the motor bike.

Offence provision.

Note Motor bike is defined in the dictionary.

[140] Rule 300, heading

substitute

300 Use of mobile phones

[141] Subrule 300 (1)

omit

hand‑held mobile phone

insert

mobile phone that the driver is holding in his or her hand

[142] Subrule 300 (2), after definition of mobile phone

insert

use, in relation to a mobile phone, includes the following:

(a) holding the phone to, or near, the ear (whether or not engaged in a phone call);

(b) writing, sending or reading a text message on the phone;

(c) turning the phone on or off;

(d) operating any other function of the phone.

[143] Rule 301

substitute

301 Leading an animal while driving a vehicle

(1) The driver of a motor vehicle must not lead an animal, including by tethering the animal to the motor vehicle, unless the driver is permitted to do so under another law of this jurisdiction.

Offence provision.

Note Motor vehicle is defined in the dictionary.

(2) A person who is a passenger in, or on any part of, a motor vehicle must not lead an animal while the motor vehicle is moving unless the passenger is permitted to do so under another law of this jurisdiction.

Offence provision.

(3) The rider of a bicycle must not lead an animal, including by tethering the animal to the bicycle, unless the rider is permitted to do so under another law of this jurisdiction.

Offence provision.

Note Bicycle is defined in the dictionary.

[144] Rule 309

omit

tram, or

insert

tram, the driver of a tram recovery vehicle engaged in accessing or recovering a disabled tram, or the driver of

[145] Rule 309, note

substitute

Note Public bus, tram, tram recovery vehicle and travelling along tram tracks are defined in the dictionary.

[146] Subrule 313 (2)

omit

 rule 288 (Driving on a path).

insert

 rule 288 (Driving on a path)

 rule 289 (Driving on a nature strip).

[147] After rule 313A

insert in Part 19

313B Exemption for breakdown vehicles

(1) Another law of this jurisdiction may provide that a provision mentioned in subrule (2) does not apply to the driver of a breakdown vehicle while:

(a) the driver is engaged in repairing a disabled vehicle; and

(b) the driver is unable to comply with the provision; and

(c) the breakdown vehicle is displaying a flashing light; and

(d) the driver is acting safely.

(2) For subrule (1), the provisions are as follows:

• rule 137 (Keeping off dividing strips)
• rule 138 (Keeping off a painted island)
• rule 147 (Moving from one marked lane to another marked lane across a continuous line separating the lanes)
• rule 289 (Driving on a nature strip)
• rule 290 (Driving on a traffic island).

(3) In this rule:

breakdown vehicle means any vehicle driven by a person who is:

(a) a breakdown worker; and

(b) driving the vehicle in the course of his or her duties as a breakdown worker.

Note 1 Vehicle is defined in rule 15.

Note 2 Drive includes be in control of — see the definition in the dictionary.

breakdown worker means a person who is a breakdown worker for this rule under another law of this jurisdiction.

[148] After rule 323

insert in Division 1

323A Meaning of audible line

(1) A line (whether continuous or broken and whether a dividing line or an edge line) is an audible line if it is made up of a series of closely spaced raised pieces of material designed to create a continuous noise or vibration if driven on by a motor vehicle.

Note Dividing line, edge line and motor vehicle are defined in the dictionary.

(2) To avoid doubt, an audible line is not a broken line by reason only of the gaps between the raised material in the series.

[149] Subrule 334 (2), except the examples

substitute

(2) If a parking control sign applies to a length of road, the sign is at the side of the road, and there are no parking bays to which the sign applies, then, unless information on or with the sign indicates otherwise, the sign applies to:

(a) any shoulder of the road on that side of the road; and

(b) the part of the road on the length of road that extends from the far side of the road (excluding any road‑related area) on that side of the road for:

(i) if the sign, or information on or with the sign, includes the words ‘angle parking’ or ‘angle’ — 6 metres; or

(ii) in any other case — 3 metres.

Note Road‑related area is defined in rule 13 and shoulder is defined in rule 12.

[150] Subrule 335 (2), after example 4

insert

5 An end no parking area sign.

6 An end no stopping area sign.

7 An end parking area sign.

[151] Subrule 340 (2), example 2

substitute

2 If a driver is turning left using a slip lane at an intersection, a traffic light on the right side of the painted island or traffic island that separates the slip lane from other parts of the road does not apply to the driver.

[152] Rule 341, note

substitute

Note 1 Road marking is defined in the dictionary.

Note 2 A person may, under another rule, be exempt from complying with particular road markings — see, for example, rules 134, 138, 139, 147 and 150.

[153] After rule 351

insert in Part 21

352 References to stopping as near as practicable to a place

A requirement in the Australian Road Rules for a driver to stop as near as practicable to a place is not complied with only because the driver stops behind a vehicle that has stopped at the place.

Example

If a driver stops behind a vehicle that has stopped at a stop sign or stop line in accordance with rule 67, 68 or 121, the driver must, after the vehicle has proceeded, stop at the stop sign or stop line in accordance with the rule.

[154] Schedule 2, End keep left unless overtaking sign

substitute

[155] Schedule 2, after End no overtaking or passing sign

insert

[156] Schedule 2, before Park in bays only sign

insert

[157] Schedule 2, after Shared zone sign

insert

[158] Schedule 3, after End freeway sign, last occurring

insert

[159] Schedule 3, before End separated footpath sign

insert

[160] Schedule 3, after End tram lane sign

insert

[161] Schedule 3, after No U‑turn sign (Variable illuminated message sign)

insert

[162] Schedule 3, One‑way sign, second occurring

omit

[163] Schedule 3, before Separated footpath sign

insert

[164] Schedule 3, before Tram lane sign

insert

[165] Schedule 3, after Tram lane sign

insert

View image in the official source[166] Dictionary, after definition of area

insert

audible line see rule 323A.

[167] Dictionary, definition of built‑up area

substitute

built‑up area, in relation to a length of road, means an area in which either of the following is present for a distance of at least 500 metres or, if the length of road is shorter than 500 metres, for the whole road:

(a) buildings, not over 100 metres apart, on land next to the road;

(b) street lights not over 100 metres apart.

[168] Dictionary, definition of dividing line

omit

continuous,

insert

continuous and whether an audible line or not,

[169] Dictionary, definition of dividing line, note

substitute

Note Audible line is defined in rule 323A, road marking is defined in this dictionary, and vehicle is defined in rule 15.

[170] Dictionary, definition of edge line

omit

line

insert

line, whether an audible line or not,

[171] Dictionary, definition of edge line, at the foot

insert

Note Audible line is defined in rule 323A.

[172] Dictionary, after definition of freeway

insert

front fog light see rule 217.

[173] Dictionary, definition of traffic arrows

omit

installed with traffic lights that is

[174] Dictionary, after definition of tram lane

insert

tram recovery vehicle means a vehicle used by a tram operator to access and recover disabled trams that the tram operator is responsible for.

[175] Dictionary, definition of tram stop

omit

inscribed with the words ‘tram stop’ or ‘hail trams here’, or words to similar effect.

insert

that indicates a tram stop.

[176] Dictionary, after definition of tram tracks

insert

tramway see rule 155A.

[177] Dictionary, after definition of turning lane

insert

turn line means a road marking, at an intersection, consisting of a broken line that is designed to indicate how a turn is to be made at the intersection.

[178] Dictionary, after definition of white traffic arrow

insert

window, in relation to a vehicle, includes any sunroof fitted to the vehicle.

Note

Note: 1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.