158Exceptions to driving in special purpose lanes etc

#### 158 Exceptions to driving in special purpose lanes etc 158 Exceptions to driving in special purpose lanes etc > > (1) The driver of any vehicle may drive for up to the permitted distance in a bicycle lane, bus lane, tram lane, transit lane or truck lane if it is necessary for the driver to drive in the lane— > > > > > (a) to enter or leave the road, or > > > > > (b) to enter 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, the shoulder of the road or an emergency stopping lane), or > > > > > (c) to overtake 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 > > > > > (d) to enter a marked lane, or part of the road where there is room for a line of traffic (other than motor bikes, bicycles, motorised wheelchairs or animals), from the side of the road. > > > > Note 1. > > > > Permitted distance is defined in subrule (4). > > > > Note 2. > > > > Bicycle lane is defined in rule 153, bus lane is defined in rule 154, emergency stopping lane is defined in rule 95, centre of the road, marked lane, overtake, right change of direction signal, service road and U-turn are defined in the Dictionary, shoulder is defined in rule 12, tram lane is defined in rule 155, transit lane is defined in rule 156, and truck lane is defined in rule 157. > > > > Note 3. > > > > A driver must keep clear of a tram travelling in a tram lane—see rule 76. > > > (1–1) Subrule (1) does not apply to a driver in a bus only lane. > > > > Note. > > > > This subrule is an additional NSW subrule. There is no corresponding subrule in rule 158 of the Australian Road Rules. > > > (2) The driver of any vehicle may drive in a bicycle lane, bus lane, tram lane, transit lane or truck lane if— > > > > > (a) it is necessary for the driver to drive in the lane to avoid an obstruction, or > > > > > (b) information on or with a traffic sign applying to the lane indicates that the driver may drive in the lane, or > > > > > (c) the driver is— > > > > > > > (i) riding a bicycle in a bus lane (other than a bus only lane), tram lane, transit lane or truck lane, or > > > > > > > (ii) driving a taxi or motor bike in a bus lane (other than a bus only lane), or > > > > > > > (iia) (Repealed) > > > > > > > (iii) driving a special purpose vehicle in a bus lane, tram lane, transit lane or truck lane, or > > > > > > > (iv) driving a motor breakdown service vehicle in a transit lane and is responding to an urgent or priority call, or > > > > > > > (v) driving a police vehicle, ambulance or fire brigade vehicle in a transit lane or bus lane (other than a bus only lane) while returning to base after proceeding to the scene of an accident or other emergency, or > > > > > > > (vi) driving a vehicle in a bus lane (other than a bus only lane), tram lane, transit lane or truck lane where the vehicle is being operated by or at the direction of Transport for NSW for the purpose of conducting road and traffic surveys. > > > > Note 1. > > > > Obstruction, traffic sign and with are defined in the Dictionary. > > > > Note 2. > > > > Subrule (2)(c) is not uniform with the corresponding paragraph in rule 158 of the Australian Road Rules. However, the corresponding paragraph in the Australian Road Rules allows another law of this jurisdiction to permit a driver to drive in special purpose lanes. Different rules may apply in other Australian jurisdictions. > > > (3) It is a defence to the prosecution of a driver for an offence against a provision of this Division for driving in a bicycle lane, bus lane, tram lane, transit lane or truck lane if— > > > > > (a) it is necessary for the driver to drive in the lane to stop at a place in the lane, and > > > > > (b) the driver is permitted to stop at that place under these Rules or another law of this jurisdiction, or it is a defence under rule 165 for the driver to stop at that place, and > > > > > (c) if the lane is a bicycle lane—the driver drives in the lane for no more than the permitted distance. > > > > Note. > > > > Rule 165 provides a defence to the prosecution of a driver for an offence against a provision of Part 12 (Restrictions on stopping and parking). The defence is available, for example, if the driver needs to stop to deal with a medical or other emergency. > > > (4) In this rule— > > > > permitted distance means— > > > > > (a) for a bicycle lane or a tram lane—50 metres, or > > > > > (b) for any other lane—100 metres. > > > > special purpose vehicle means a motor vehicle (whether a tow truck, a vehicle used for repairing traffic control light signals or another vehicle) being operated by or at the direction of Transport for NSW and proceeding to the scene of an accident or other emergency. > > > > Note 2. > > > > There is no corresponding definition for this term for the purposes of rule 158 of the Australian Road Rules. The definition is required for the purposes of subrule (2)(c). > > **rule 158:** Am 2017 (598), Sch 1 \[1\]; 2020 No 30, Sch 4.84\[2\] \[3\]; 2021 (620), Sch 1\[1\]; 2022 (692), Sch 1\[17\].