87ATraffic control device

87A Traffic control device (1) For section 13(2) of the Act: (a) a work site traffic control device must be in a form that: (i) is a reasonable likeness of a diagram in the Standard of that kind of device; or (ii) if there is no diagram in the Standard of that kind of device – complies substantially with a description of that kind of device in the Standard and, if the description includes a symbol for which there is a diagram in the

Traffic Regulations 1999 50 Standard, the symbol on the device is a reasonable likeness of the diagram; and (b) a traffic control device that is a traffic-related item under the Australian Road Rules must be in a form that complies substantially with the Rules as mentioned in rule 320; and (c) any other type of traffic control device must be in a form that complies substantially with the Rules as mentioned in rule 316. (2) A person commits an offence if: (a) the person erects, establishes, places, displays, operates, uses, maintains, alters or removes a worksite traffic control device; and (b) that conduct results in the worksite traffic control device not complying with the Standard of that kind of device. (3) An offence against subregulation (2) is an offence of strict liability. (4) Part IIAA of the Criminal Code applies to an offence against subregulation (1). Note for subregulation (4) Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences. Standard means Australian Standard AS 1742.3:2019 – Manual of uniform traffic control devices, Part 3 Traffic control for works on roads. work site traffic control device means a traffic control device that: (a) is a sign, delineation device or other kind of device; and (b) provides essential information to warn, instruct and guide road users around, through or past work sites.

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