322References to traffic control devices and traffic-related items on a road, &c.

322 References to traffic control devices and traffic-related items on a road, &c.

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

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

Example 1

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 1

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.

| | Examples | | 1. | Traffic lights erected outside the area of an intersection, but near that area, are taken to be traffic lights at the intersection. | | 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. | | 3. | A parking control sign near the side of a road is taken to be at the side of the road. | | 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.

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.