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ROAD TRANSPORT LEGISLATION AMENDMENT REGULATION 2010 (NO 1) (NO 5 OF 2010)
2010
THE LEGISLATIVE
ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
ROAD TRANSPORT LEGISLATION
AMENDMENT REGULATION 2010 (No
1)
SUBORDINATE LAW SL2010 -
5
EXPLANATORY
STATEMENT
Presented by
Mr Jon Stanhope MLA
Minister for
Transport
AUSTRALIAN CAPITAL TERRITORY
ROAD
TRANSPORT LEGISLATION
AMENDMENT REGULATION 2010 (No 1)
EXPLANATORY STATEMENT
The Australian Road Rules (ARRs) were initially developed and approved by
the ministerial council on transport issues, the Australian Transport Council,
in 1999, and subsequently incorporated into the law of each State and
Territory.
At this time it was also agreed that a national advisory
group, consisting of representatives from each State and Territory, would be
established, to ensure that the ARRs remain up to date and support the road
safety and traffic management objectives of all jurisdictions.
The
advisory group identified and recommended a number of changes, which have
resulted in the development of a revised version of the ARRs. The National
Transport Commission’s 5th package of amendments to the ARRs was approved
by the Australian Transport Council on 3 October 2006, the 6th
package of amendments was approved on 16 May 2007 and the 7th
package of amendments was approved on 25 January 2008.
A copy of the
revised ARRs and Regulatory Impact Statements can be downloaded from the
National Transport Commission’s website at www.ntc.gov.au
. The Regulatory Impact Statements provide a detailed outline of the changes
made to the ARRs.
OVERVIEW
The Road Transport
Legislation Amendment Regulation 2010 (No 1) adopts the revised
version of the ARRs published in February 2008 and gives effect to the
5th, 6th and 7th packages of amendments to the
ARRs.
The regulation also makes some technical amendments to the
Road Transport (Offences) Regulation 2005, the Road Transport (Public
Passenger Services) Regulation 2002 and the Road Transport (Safety and
Traffic Management) Regulation 2000.
This section names the amendment regulation as the Road Transport
Legislation Amendment Regulation 2010 (No 1) hereafter referred to as the
Amendment Regulation.
This section provides for the commencement of the changes to the Road Transport legislation. Most of the sections in the Amendment Regulation will commence on 15 March 2010. Subsection (2) lists a number of provisions that will commence on the day 1 year after the day the Amendment Regulation commences, ie on 15 March 2011. These provisions relate to the new child restraint laws, which have a 12 month transitional period. See section 52 which refers to transitional arrangements.
This section specifies that Part 2 of the Amendment Regulation amends the
Road Transport (Offences) Regulation 2005.
This section amends section 8(1) of the Road Transport (Offences)
Regulation 2005 which deals with the administering authority for the
infringement notice offences mentioned in schedule 1. When new infringement
notice offences are added to the Road Transport (Offences) Regulation
2005 section 8(1) has to be amended so that the road transport authority can
issue infringement notices for the new offences.
This section amends section 21(2)(a) of the Road Transport (Offences)
Regulation 2005 which deals with offences in schedule 1 for which double
demerit points apply during holiday periods. New ARR 265(3) adds a new
infringement notice offence for a driver who does not ensure that all passengers
16 years old or older are using a seatbelt. This new offence attracts double
demerit points during holiday periods, so it has been added to section 21(2)(a)
of the Road Transport (Offences) Regulation 2005.
Sections 6 to 45 make consequential amendments to Part 1.2 and Part 1.13 of
Schedule 1 of the Road Transport (Offences) Regulation 2005 by inserting
references to new ARR offences in the schedule of offences for which a traffic
infringement notice can be issued.
Part 1.2 provides a short description
of the offences in the ARRs, which can be used in an information summons or
warrant notice, order or other document, to sufficiently state the offence.
Part 1.13 provides a short description of the offences in the Road
Transport (Safety and Traffic Management) Regulation 2000.
The
Schedule also provides the offence penalty, infringement penalty (if
applicable), and demerit points (if applicable).
Section 6
– Schedule 1, part 1.2, new item 3A
This section inserts a new item
for the offence provision in new ARR 28(1A) which provides that if a slip lane
is present at an intersection, a driver turning left must use the slip
lane.
This section inserts a new item for the offence provision in new ARR 32(2A)
which provides for the rules at bicycle storage areas at intersections. These
are designated spaces on the road at traffic lights that allow cyclists to stop
in front of motor vehicles at an intersection and then leave the intersection
before the motor vehicles. Bicycle storage areas are common in Melbourne,
however there are none in the ACT at present.
Section 8 –
Schedule 1, part 1.2, item 7.2
This section inserts a new item for the
new offence provision in revised ARR 33(3) which clarifies how a driver must
make a right turn at an intersection.
Section 9 –
Schedule 1, part 1.2, items 20 and 21
This section omits two items
relating to offence provisions in ARR 43 - Starting and making turns. ARR 43
has been repealed, as it created a contradiction in the ARRs.
Section 10 – Schedule 1, part 1.2, new items 44A and
44B
This section inserts two new items for the offence provisions in the
new ARR 60A which provides for the rules at bicycle storage areas at
intersections (see section 7).
Section 11 – Schedule 1,
part 1.2, item 47, column 2
This section amends the numbering of the ARR
reference 62(a) to 62(1)(a) due to improvements to the wording of ARR 62 –
Giving way when turning at an intersection with traffic
lights.
Section 12 – Schedule 1, part 1.2, item 48,
column 2
This section amends the numbering of the ARR reference 62(b) to
62(1)(b) due to improvements to the wording of ARR 62 – Giving way when
turning at an intersection with traffic lights.
Section 13
– Schedule 1, part 1.2, item 49, column 2
This section amends the
numbering of the ARR reference 62(c) to 62(1)(c) due to improvements to the
wording of ARR 62 – Giving way when turning at an intersection with
traffic lights.
Section 14 – Schedule 1, part 1.2, item
97, column 3
This section amends the wording of the short description of
the offence due to the correction of an omission in the ARRs. For some turning
lanes, drivers enter the turning lane from the right and for other turning
lanes, drivers enter the turning lane from the left.
Section 15
– Schedule 1, part 1.2, new item 97A
This section inserts an
offence provision for the new ARR 85(c) to correct an omission in the ARRs. For
some turning lanes, drivers enter the turning lane from the right and for other
turning lanes, drivers enter the turning lane from the left (see section
14).
Section 16 – Schedule 1, part 1.2, new item
121A
This section inserts a new item for the offence provision in the new
ARR 101A(1) which prohibits a driver from driving on a safety ramp or arrester
bed unless necessary.
Section 17 – Schedule 1, part 1.2,
item 143
This section inserts two new items for the offence provision in
ARR 115 – Driving in a roundabout to the left of the central traffic
island - due to improvements to the wording of the rule. The amendment to ARR
115 clarifies that although the drivers of large vehicles are permitted to mount
the central traffic island in a roundabout, they must always keep their vehicle
to the left of the island.
Section 18 – Schedule 1, part
1.2, new items 168A, 168A.1 and 168A.2
This section inserts new items for
the offence provision in the new ARR 132(2A) which clarifies the situations
where a driver is prohibited from driving across dividing lines to perform a
U-turn.
Section 19 – Schedule 1, part 1.2, new item
186A
This section inserts a new item for the offence provision in the new
ARR 148A which clarifies that where there are two vehicles within one lane (eg a
bicycle and a motor vehicle) and one of those vehicles diverges into the path of
the other, the deviating vehicle must give way.
Section 20
– Schedule 1, part 1.2, new item 195A
This section inserts a new
item for the offence provision in the new ARR 155A which is about driving in a
tramway.
Section 21 – Schedule 1, part 1.2, new
item 209A
This section re-inserts a short description of the offence
provision for ARR 170(1) - Stopping in or near an intersection – which was
inadvertently deleted from the current version of the ARRs by the National
Transport Commission. This oversight was corrected in the ACT’s
legislation by including a new offence in the Road Transport (Safety and
Traffic Management) Regulation 2000 which is modelled on ARR 170(1).
See section 45 of this Amendment Regulation.
Section 22 –
Schedule 1, part 1.2, new item 242A
This section inserts a new item for
the offence provision in the new ARR 197(1A) which is about drivers stopping or
parking on a painted island.
Section 23 – Schedule 1,
part 1.2, new item 254A
This section inserts a new item for the offence
provision in the new ARR 208A which requires drivers parking in an indented
parking bay to position the vehicle to face the same direction as the vehicles
travelling next to the indented parking bay.
Section 24 –
Schedule 1, part 1.2, item 259
This section omits item 259 because a
rewording of ARR 211(1) – Parking in parking bays - has removed the
offence provision.
Section 25 – Schedule 1, part 1.2,
item 272, column 3
This section amends the wording of the short
description for the offence in ARR 217 – Using fog lights – due to
an amendment to the rule, which now refers to front fog lights in addition to
rear fog lights.
Section 26 – Schedule 1, part 1.2, new
item 285A
This section inserts a new item for the offence provision in
the new ARR 225(2) which prohibits passengers travelling in a vehicle with a
device for preventing the effective use of a speed measuring device, or a device
for detecting a speed measuring device.
Section 27 –
Schedule 1, part 1.2, new items 307A to 307E
This section inserts 3 new
items for the offence provisions in the new ARR 235(2A) – Crossing a level
crossing and 2 new items for the offence provisions in the new ARR 235A –
Crossing a pedestrian level crossing that has a red pedestrian
light.
Section 28 – Schedule 1, part 1.2, new item
312A
This section inserts a new item for the offence provision in the new
ARR 238(2)(ab) which provides that a pedestrian travelling along a road must
face approaching traffic.
Section 29 – Schedule 1, part
1.2, new item 315A
This section inserts a new item for the offence
provision in the new ARR 240A which provides that a person on a wheeled
recreational device must not travel past a ‘no wheeled recreational
devices or toys’ sign.
Section 30 – Schedule 1,
part 1.2, item 317, column 3
This section amends the wording of the short
description for the offence in ARR 240(1)(b), reducing the speed limit from
60km/h to 50km/h. This is consequential to the introduction of the 50km/h urban
default speed limit nationally.
Section 31 – Schedule 1,
part 1.2, item 320
This section inserts a new item for the offence
provision in the revised ARR 240(2) which provides that a person must not travel
on a wheeled recreational device (eg a skateboard or roller-skates) on a road at
night.
Section 32 – Schedule 1, part 1.2, item
331A
This section inserts a new item for the offence provision in the new
ARR 244C which provides that if there is a law of the jurisdiction, a person
must not travel on a motorised scooter on a road or road-related area. The ACT
will have a law of the jurisdiction prohibiting motorised scooters at the new
section 23 of the Road Transport (Safety and Traffic Management) Regulation
2000. See section 57 below.
Section 33 – Schedule 1,
part 1.2, item 335
This section inserts two new items for the offence
provisions in the new ARR 246(2) and 246(3) which deal with passengers on
bicycles.
Section 34 – Schedule 1, part 1.2, new items
336A to 336C
This section inserts three new items for the offence
provisions in the new ARR 247A and 247B which provide for the rules at bicycle
storage areas at intersections (see section 7).
Section 35
– Schedule 1, part 1.2, new item 349A
This section inserts a new
item for the offence provision in the new ARR 256(3) which provides that the
rider of a bicycle commits an offence if the passenger is not wearing a bicycle
helmet.
Section 36 – Schedule 1, part 1.2, items 359 and
360
This section amends the wording of the short descriptions for the
offence provision in ARR 262 – Proceeding when bicycle crossing lights
change to yellow or red - as a result of amendments to the wording of the
rule.
Section 37 – Schedule 1, part 1.2, item 362 and
items 362.1 to 362.3
This section amends the wording of the short
descriptions for the offence provision in ARR 265 as a result of amendments to
the wording of the rule. The revised ARR 265(3) creates an offence for a
driver who drives with passengers 16 years or older who are not using a
seatbelt.
Section 38 – Schedule 1, part 1.2, item 363 and
items 363.1 to 363.3
This section substitutes new short descriptions for
the offence provisions in the revised ARR 266 as a result of amendments to the
wording of the rule. This ARR deals with a driver’s responsibility to
ensure all passengers under 16 years old are restrained in an appropriate child
restraint or seatbelt. This section will commence on the day 1 year after
the day this Amendment Regulation commences.
Section 39 –
Schedule 1, part 1.2, item 368, column 3
This section amends the wording
of the short description for the offence provision in the revised ARR 268(4A) as
a result of amendments to the wording of the rule. A driver is now responsible
for ensuring that all passengers (not just those under 16 years) are not
travelling in a part of the vehicle that is not designed for passengers or
goods.
Section 40 – Schedule 1, part 1.2, item 369,
column 3
This section amends the wording of the short description for the
offence provision in the revised ARR 268(4B) as a result of amendments to the
wording of the rule. A driver is now responsible for ensuring that all
passengers (not just those under 16 years) are not travelling in a part of
the vehicle that is designed for the carriage or goods unless that part is
enclosed. For example a utility has a goods area that is not
enclosed.
Section 41 – Schedule 1, part 1.2, new items
383A to 383C
This section inserts 3 new items for the offence provisions
in the revised ARR 271 which now provides that children under 8 years of age
will not be allowed to ride on a motor bike as a pillion passenger but they will
be able to travel in a sidecar. A passenger in a sidecar must be seated
safely.
Section 42 – Schedule 1, part 1.2, new item
415A
This section inserts a new item for the offence provision in the new
ARR 297(1A) which provides that a person may not drive a vehicle if a person or
animal is in the driver’s lap.
Section 43 –
Schedule 1, part 1.2, new item 416A
This section inserts a new item for
the offence provision in the new ARR 297(3) which provides that a person may not
ride a motor bike with an animal on the petrol tank of the motor
bike.
Section 44 – Schedule 1, part 1.2, item
421
This section inserts a new item for a new offence provision in the
revised ARR 301 which provides that a passenger in a motor vehicle must not lead
an animal while the motor vehicle is moving.
This omits item 1 of part 1.13 of the Schedule, which relates to the Road
Transport (Safety and Traffic Management) Regulation 2000, as a result of
the repeal of section 12A of the Road Transport (Safety and Traffic
Management) Regulation 2000.
When the ARRs were revised by the
National Transport Commission in 2004 the offence provision for ARR 170(1)
‘A driver must not stop in an intersection’ was inadvertently
omitted. This oversight was corrected in the ACT’s legislation by
including a new offence in the Road Transport (Safety and Traffic Management)
Regulation 2000 which is modelled on ARR 170(1). This omission in
the ARRs has now been rectified and section 21 of this Amendment Regulation
re-inserts a short description of the offence provision for ARR 170(1).
This section specifies that Part 3 of the Amendment Regulation amends the
Road Transport (Public Passenger Services) Regulation 2002.
Section 47 – Section 132 (3), notes 1 and 2
This
section amends the wording of Note 1 at section 132(3) of the Road Transport
(Public Passenger Services) Regulation 2002 resulting from revised wording
in ARR 265 which now requires all passengers to occupy a seating position
that is fitted with a seatbelt. It also amends the wording of Note 2 resulting
from revised wording in ARR 267(3) which deals with exemptions from wearing
seatbelts.
Section 48 – Section 138 (2), notes 1 and
2
This section amends the wording of Note 1 at section 138(2) of the
Road Transport (Public Passenger Services) Regulation 2002 resulting from
revised wording in ARR 265 which now requires all passengers to occupy a
seating position that is fitted with a seatbelt. It also amends the wording of
Note 2 resulting from revised wording in ARR 267(3) which deals with exemptions
from wearing seatbelts.
Section 49 – Section 270 (5),
notes 1 and 2
This section amends the wording of Note 1 at section 270(5)
of the Road Transport (Public Passenger Services) Regulation 2002
resulting from revised wording in ARR 265 which now requires all passengers
to occupy a seating position that is fitted with a seatbelt. It also amends the
wording of Note 2 resulting from revised wording in ARR 267(3) which deals with
exemptions from wearing seatbelts.
This section specifies that Part 4 of the Amendment Regulation amends the
Road Transport (Safety and Traffic Management) Regulation 2000.
This section amends section 5 to refer to the new edition of the ARRs
published by the National Transport Commission in February 2008.
This section inserts transitional arrangements for ARR 266 and 267 which deal
with the wearing of seatbelts and exemptions from wearing seatbelts. These
provisions will expire on the day 1 year after the day this Amendment Regulation
commences.
Section 53 to 56 – Division 2.2.1, note 2,
table
Division 2.2.1 of the Road Transport (Safety and Traffic
Management) Regulation 2000 contains two tables, which set out the
provisions of the ARRs for which provision is made in the regulation and other
Territory laws. The ARRs must be read subject to these provisions, and any
other associated laws of the Territory.
Sections 53 to 56 of the
Amendment Regulation make a number of consequential amendments to the first of
these tables as a result of amendments to the Road Transport (Safety and
Traffic Management) Regulation 2000.
Section 53 -
Division 2.2.1, note 2, table, item 6
This section omits item 6 from
the table, section 12A - ARR 170(1), for the reason described in section 56
below.
Section 54 - Division 2.2.1, note 2, table, item
22
This section omits item 22 from the table, section 23 - ARR 240(2),
for the reason described in section 57 below. It also inserts new item 22 into
the table, section 23 – ARR 244C, for the reason described in section 57
below.
Section 55 - Division 2.2.1, note 2, table, item
23
This section omits item 23 from the table, which relates to section
23B – ARR 266(3)(b), for the reason described in section 58 below.
This section will be made redundant by the new seatbelt rules in revised ARR
266.
This section also inserts new items 23 and 23A into the table, for
the reason described in section 58 below. These sections deal with children
travelling in additional seats (‘dickie seats’) installed in the
goods area of station wagons and children travelling in interstate registered
vehicles. This section will commence on the day 1 year after the day this
Amendment Regulation commences.
Section 56 –
Section 12A
This section omits section 12A from the Road Transport
(Safety and Traffic Management) Regulation 2000. This section was created
to make an offence provision for ARR 170(1) ‘A driver must not stop in an
intersection’ which was inadvertently omitted when ARR 170(1) was revised
by the National Transport Commission in 2004. The omission in the ARRs has been
corrected, so this section is no longer required.
Section 57
– Section 23
This section omits section 23 from the Road
Transport (Safety and Traffic Management) Regulation 2000. This section
relates to the prohibition on using a wheeled recreational device (eg a
skateboard or roller skates) on any road at night. The new ARR 240(2)(b) has
made this ACT law redundant.
This section also inserts a new section 23
into the Road Transport (Safety and Traffic Management) Regulation 2000.
The new ARR 244C provides for a law of the jurisdiction prohibiting the use of a
motorised scooter on a road or road-related area. The new section 23 of the
Road Transport (Safety and Traffic Management) Regulation 2000 is the
ACT’s law of the jurisdiction prohibiting motorised scooters from roads
and road-related areas.
Section 58 – Section
23B
This section omits section 23B from the Road Transport (Safety and
Traffic Management) Regulation 2000. This section will be made redundant by
the new seatbelt rules in the revised ARR 266. This provision will commence on
the day 1 year after the day this Amendment Regulation commences.
This
section also inserts a new section 23A into the Road Transport (Safety and
Traffic Management) Regulation 2000 which relates to children travelling in
interstate registered vehicles. For new ARR 266 - Wearing of seatbelts by
passengers under 16 years old – passengers under 7 years old will be
exempt from the new rule if the motor vehicle is registered in a State or
Territory that has not yet introduced the new child restraint laws. For these
passengers, the seatbelt laws in the existing ARR 266 will apply. This
provision will commence on the day 1 year after the day this Amendment
Regulation commences.
This section also inserts a new section 23B into
the Road Transport (Safety and Traffic Management) Regulation 2000 which
relates to children travelling in additional seats (‘dickie seats’)
installed in the goods area of station wagons. It has been nationally agreed
that children aged between 4 years and under 7 years will be permitted to use a
dickie seat without having to use a booster seat, provided the dickie seat is
suitable for the child’s height and weight and a lap/sash seatbelt or a
lap-only seatbelt with a child safety harness is used. This provision will
commence on the day 1 year after the day this Amendment Regulation
commences.
Section 59 - Section 24, new
definitions
This section inserts two new definitions into section 24 of
the Road Transport (Safety and Traffic Management) Regulation 2000. The
new child restraint laws require a definition of ‘approved booster
seat’ and ‘approved child safety harness’. This provision
will commence on the day 1 year after the day this Amendment Regulation
commences.
Section 60 - Section 25
This
section omits section 25 from the Road Transport (Safety and Traffic
Management) Regulation 2000 which relates to certificates of exemption from
wearing seatbelts. New ARR 267(3A) has made this ACT law redundant. This
provision will commence on the day 1 year after the day this Amendment
Regulation commences.
Section 61 – New section 66
(1) (aa)
This section inserts a provision for ‘approve a booster
seat’ into subsection 66(1) of the Road Transport (Safety and Traffic
Management) Regulation 2000 – Approvals etc by road transport
authority. This section will commence on the day 1 year after the day this
Amendment Regulation commences.
Section 62 – New
section 66 (1) (ba)
This section inserts a provision for ‘approve a
child safety harness’ into subsection 66(1) of the Road Transport
(Safety and Traffic Management) Regulation 2000 – Approvals etc by
road transport authority. This section will commence on the day 1 year
after the day this Amendment Regulation commences.