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ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) AMENDMENT REGULATION 2005 (NO 2) (NO 22 OF 2005)
2005
THE LEGISLATIVE
ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
ROAD TRANSPORT (SAFETY AND TRAFFIC
MANAGEMENT) AMENDMENT REGULATION 2005 (No
2)
SL2005-22
EXPLANATORY
STATEMENT
Circulated by authority
of
John Hargreaves MLA
Minister for Urban
Services
AUSTRALIAN CAPITAL TERRITORY
ROAD TRANSPORT
(SAFETY AND TRAFFIC MANAGEMENT) AMENDMENT REGULATION 2005 (No
2)
EXPLANATORY STATEMENT
The Road Transport (Safety and Traffic Management) Amendment Regulation
2005 (No 2) updates a number of sections to improve the administration of the
Road Transport legislation.
In particular, these amendments:
(a) permit the use of loading zones by taxis to drop off and pick up passengers; and
(b) allow for pre-paid and all day parking tickets to be used in Territory multi-stay ticket parking areas where the fee is equal to or less than the fee shown on the ticket.
This package also incorporates minor technical amendments to the Road
Transport (Safety and Traffic Management) Regulation 2000 and consequential
amendments of the Road Transport (General) Regulation 2000 and the
Road Transport (Offences) Regulation 2005.
Road Transport (Safety and Traffic Management) Regulation 2000
This is a formal provision, which sets out the name of the amending Regulation.
This amendment provides for the commencement of the Regulation on the day
after its notification day.
This amendment amends the Road Transport (Safety and Traffic Management)
Regulation 2000. This regulation also amends other legislation as mentioned
in schedule 2.
This amendment adds the new section 13A provision to the ARR Provision
Table.
This amendment makes the heading more descriptive of the sections’
content. This amendment also provides for the insertion of new section 13A for
the purpose of allowing taxis to stop in a loading zone to drop off or pick up
passengers.
This amendment makes the heading more descriptive of Division 2.3.5’s
content.
This amendment splits existing section 44 into new sections 44A and 44B to
make their operation clearer. Section 44A(2)(b) removes the requirement in
existing 44(2) of the driver having to pay the minimum relevant parking fee.
Section 45 provides for exemptions to section 44A and 44B. These sections have
been made Criminal Code compliant.
This amendment splits existing section 49 into new sections 49A and 49B to
make their operation clearer. This amendment also provides for the insertion of
new section 49A that allows for a current equivalent all-day parking ticket to
be used in an RTA multi-stay ticket parking area where the relevant parking fee
of the all-day ticket is equal to or higher than the parking fee of the RTA
multi-stay ticket parking area. Section 50 provides for exemptions to Sections
49A and 49B. These sections have been made Criminal Code compliant.
This amendment revises the provision to make use of the definition of
relevant parking fee. This amendment brings the heading of section 53
heading in line with the definition of parking ticket machines.
This amendment is consequential to the amendment of the division 2.3.5
heading and relocates the division 2.3.7 heading to cover appropriate stopping
and parking provisions. The new note attached to division 2.3.7 is similar to
the note after the existing division 2.3.5 heading that is omitted by the
substitution of the new heading by another amendment above. Section 56 has been
split into new section 56A to improve clarity. This amendment also makes
sections 55 and 56 Criminal Code compliant.
This amendment makes section 58 Criminal Code compliant and removes ambiguity
as to the burden of proof that would lie on a defendant.
Clause 12
– Section 58(b)
This amendment is of a clarification
nature.
This amendment is consequential on the renumbering and clarification of the
heading.
This amendment brings the heading in line with current drafting
practices.
This amendment is consequential on the amendment of section 58(1) by another
amendment.
Clause 16 – Section 74(3)
This amendment
splits existing Section 74(3) into new section 74(4) to separate parking meter
and multi-space parking meter for clarity.
Clause 17 – Section
76(2)(c)
This amendment omits unnecessary words.
Clause 18
– Section 80(1)(d)
This amendment revises the provision to include
the fee paid to be printed on a parking ticket.
This amendment adds new examples and a note to clarify the references to new
section 80(1).
Clause 20 – Section 80(1)
This amendment
is consequential on the renumbering of paragraphs.
Clause 21 –
Section 92(6)(c)
This amendment brings the language of the provision into
line with the reference to parking spaces.
This amendment revises the provision to make use of the definition of
parking permit. This amendment also adds new examples to clarify the
references to section 100. The amendment provides for a declaration of a
parking permit to be a notifiable instrument. Existing section (6), which
defines designated, is omitted as it is unnecessary due to the reference
to a permit zone sign. Section 101 has been amended in line with section
100. New section 101A and 101B combines the cancellation of mobility parking
scheme and parking permits. The period of 7 days in section 101B has been
changed to 21 days for consistency with existing provisions.
Clause 23
– Dictionary, definition of loading zone permit
This
amendment omits the dictionary definition of loading zone permit as is
defined at section 13.
Clause 24 – Dictionary, definition of
parking meter
This amendment brings the language of the provision into line with the revised new section 44A(2)(b) that is inserted by another amendment.
Clause 25 – Dictionary, definitions of parking permit and
pay parking device
This amendment revises the provision to include
the new definition of parking permit and pay parking
device.
Clause 26 – Dictionary, new definition of pay
parking sign
This amendment revises the provision to include the new definition of pay parking sign.
Clause 27 – Dictionary, definitions of relevant parking
fee, ticket parking area and ticket parking space
This
amendment revises the provision to the new definition of relevant parking
fee, ticket parking area and ticket parking
space.
Schedule 1
Road Transport (Safety and
Traffic Management) Regulation 2000 – Technical amendments
Clauses [1.1] to [1.19].
These amendments are of a technical nature only.
Further details
are contained in the explanatory notes following each clause.
Clauses [2.1] to [2.4] are consequential amendments.
Part
2.2
Clauses [2.5] to [2.9] are consequential amendments.