41CADeclaration of road for use by personal mobility devices

41CA Declaration of road for use by personal mobility devices

[Section 41CA Inserted by No. 29 of 2021, s. 5, Applied:15 Dec 2021]

(1)  In this section –

personal mobility device means a personal mobility device within the meaning of the Road Rules;

PMD user means a PMD user within the meaning of the Road Rules;

road authority has the same meaning as in section 41C ;

speed-limited road means a road on which the speed-limit for drivers on that road is not greater than 50 kilometres per hour.

(2)  The road authority for a speed-limited road may, by notice published in the Gazette, declare that road to be a road on which a PMD user may travel, subject to such terms and conditions as are specified in the notice.

(3)  The terms and conditions specified in a notice under subsection (2) must not be inconsistent with a provision of this Act or the Road Rules.

(4)  Before making a declaration under subsection (2) , the road authority is to consider the following in respect of the road:

(a) safety;

(b) efficiency;

(c) use of the road;

(d) risk mitigation.

(5)  If a road authority makes a declaration under subsection (2) , that road authority is to publish a copy of that declaration on a website of the road authority and is to ensure that a copy of the declaration remains on the website while the declaration remains in force.

(6)  A notice under this section is not a statutory rule for the purposes of the Rules Publication Act 1953 .