322References to traffic control devices and traffic‑related items on a road etc

322 References to traffic control devices and traffic‑related items on a road etc

(1) A traffic control device or traffic‑related item above or near a road is taken to be on the road.

Note: Examples

Note: 1: A speed‑limit sign erected on a post at the side of a road is taken to be a speed‑limit sign on the road.

Note: 2: A traffic lane arrow on a structure immediately above the road is taken to be a traffic lane arrow on the road.

Note: 3: A do not overtake turning vehicle sign attached to a vehicle on a road is taken to be a do not overtake turning vehicle sign on the road.

(2) However, the device or item is taken to be on the road only if it is clearly visible to road users to whom it is designed to apply.

Note: Example: A shared zone sign erected on a post near the side of a road is a traffic sign on the road only if it is clearly visible to drivers driving on the road during the day and in normal weather conditions.

Note: Clearly visible is defined in subrule (8).

(3) A traffic control device or traffic‑related item above or near an area or place is taken to be in or at the area or place.

Note: Examples

Note: 1: Traffic lights erected outside the area of an intersection, but near that area, are taken to be traffic lights at the intersection.

Note: 2: A hook turn only sign fixed to a structure above a road that is close to, but before, an intersection is taken to be a hook turn only sign at the intersection.

Note: 3: A parking control sign near the side of a road is taken to be at the side of the road.

Note: 4: A parking control sign near the centre of a road is taken to be at the centre of the road.

(4) However, the device or item is taken to be in or at the area or place only if it is clearly visible to road users to whom it is designed to apply.

Note: Example: A no right turn sign suspended from wires above a road close to, but before, an intersection is a traffic sign at the intersection only if it is clearly visible to drivers approaching the intersection during the day and in normal weather conditions.

(5) Without limiting subrule (3), a traffic control device or traffic‑related item above or near a break in a dividing strip is taken to be at the break.

Note: Example: A no U–turn sign erected in a dividing strip close to, but before, a break in the dividing strip is taken to be at the break.

Note: Dividing strip is defined in the dictionary.

(6) However, the device or item is taken to be at the break only if it is clearly visible to road users to whom it is designed to apply. (7) A traffic control device or traffic‑related item is taken to comply with subrule (2), (4) or (6) unless the contrary is proved. (8) In this rule:

clearly visible means:

(a) for a traffic signal—clearly visible during the day and night in normal weather conditions; or
(b) for another traffic control device or a traffic‑related item—clearly visible during the day in normal weather conditions.

Note: Night is defined in the dictionary.

day means the period between sunrise on a day and sunset on the same day.

normal weather conditions means weather conditions that are not hazardous weather conditions causing reduced visibility.