227Using portable warning triangles

#### 227 Using portable warning triangles 227 Using portable warning triangles > > (1) This rule applies to a driver if the GVM of the driver’s vehicle is over 12 tonnes. > > > > Note. > > > > Driver’s vehicle is defined in the Dictionary, and GVM is defined in the Act. > > > (2) If the driver stops on a road, or if some or all of any load being carried by the vehicle falls on to a road, at a place where the speed limit is 80 kilometres per hour or more and the vehicle is not visible at any time for at least 300 metres in all directions from that place, the driver must use at least 3 portable warning triangles, placed in accordance with subrule (4), to warn other road users of the vehicle or load. > > > > Maximum penalty—20 penalty units. > > > > Note. > > > > Portable warning triangle is defined in the Dictionary, road is defined in subrule (7) and road user is defined in rule 14. > > > (3) If the driver stops on a road, or if some or all of any load being carried by the vehicle falls on to a road, at a place where the speed limit is less than 80 kilometres per hour and the vehicle is not visible at any time for at least 200 metres in all directions from that place, the driver must use at least 3 portable warning triangles, placed in accordance with subrule (5), to warn other road users of the vehicle or load. > > > > Maximum penalty—20 penalty units. > > > (4) For the purposes of subrule (2), the driver must— > > > > > (a) place 1 triangle at least 200 metres, but not over 250 metres, behind the vehicle or fallen load, and > > > > > (b) if the vehicle or fallen load is on a one-way or divided road, place 1 triangle between the triangle required by paragraph (a) and the vehicle or fallen load, and > > > > > (c) if the vehicle or fallen load is not on a one-way or divided road, place 1 triangle at least 200 metres, but not over 250 metres, in front of the vehicle or fallen load, and > > > > > (d) place 1 triangle at the side of the vehicle, or fallen load, in a position that gives sufficient warning to other road users of the position of the vehicle or fallen load. > > > > Note. > > > > One-way road is defined in the Dictionary and divided road is defined in subrule (7). > > > (5) For the purposes of subrule (3), the driver must— > > > > > (a) place 1 triangle at least 50 metres, but not over 150 metres, behind the vehicle or fallen load, and > > > > > (b) if the vehicle or fallen load is on a one-way or divided road, place 1 triangle between the triangle required by paragraph (a) and the vehicle or fallen load, and > > > > > (c) if the vehicle or fallen load is not on a one-way or divided road, place 1 triangle at least 50 metres, but not over 150 metres, in front of the vehicle or fallen load, and > > > > > (d) place 1 triangle at the side of the vehicle, or fallen load, in a position that gives sufficient warning to other road users of the position of the vehicle or fallen load. > > > (6) A reference to “the vehicle or fallen load” in subrules (4) and (5) is to be read as a reference to “the vehicle or fallen load, as the case may be”. > > > (6–1) This rule does not— > > > > > (a) apply to the driver of a bus that is being used to provide a regular bus service wholly within a transport district, or > > > > > (b) require the driver of a vehicle to place a triangle in front of the vehicle if the vehicle is on a one-way or divided road. > > > > Note 1. > > > > Bus, regular bus service and transport district are defined in the Dictionary. > > > > Note 2. > > > > This subrule is an additional NSW subrule. There is no corresponding subrule in rule 227 of the Australian Road Rules. > > > (7) In this rule— > > > > divided road means any length of a two-way road that has a median strip (other than a painted median strip). > > > > road does not include a road related area, but includes any shoulder of the road. > > > > Note 1. > > > > Median strip and two-way road are defined in the Dictionary, road related area is defined in rule 13, and shoulder is defined in rule 12. > > > > Note 2. > > > > Although the presence of a median strip is necessary to establish that a road is a divided road, for the purposes of this rule the median strip is not part of the road (as it is a road related area). > > > > Note 3. > > > > The definition of divided road is not uniform with the corresponding definition in rule 227 of the Australian Road Rules. Different definitions may apply in other Australian jurisdictions.