ACT Numbered Regulations - Explanatory Statements ACT Numbered Regulations - Explanatory Statements[Index] [Search] [Download] [Related Items] [Help]
ROAD TRANSPORT LEGISLATION (AUSTRALIAN ROAD RULES) AMENDMENT REGULATIONS 2004 (NO 1) (NO 16 OF 2004)
2004
THE LEGISLATIVE
ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
ROAD TRANSPORT LEGISLATION
(AUSTRALIAN ROAD RULES) AMENDMENT REGULATIONS 2004 (No
1)
SL2004-16
EXPLANATORY
STATEMENT
Circulated by authority
of
Bill Wood MLA
Minister for Urban
Services
AUSTRALIAN CAPITAL TERRITORY
ROAD TRANSPORT
LEGISLATION (AUSTRALIAN ROAD RULES) AMENDMENT REGULATIONS 2004 (No
1)
EXPLANATORY STATEMENT
The Australian Road Rules (ARR) 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 ARR 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 ARR. This first package
of amendments to the ARR was approved by the Australian Transport Council on 30
June 2003.
A copy of the revised ARR and Regulatory Impact Statement can
be downloaded from the National Transport Commission’s website at www.ntc.gov.au. The Regulatory Impact
Statement provides a detailed outline of the changes made to the
ARR.
OVERVIEW
The Road Transport Legislation (Australian
Road Rules) Amendment Regulations 2004 adopt the revised version of the ARR and
give effect to the first package of amendments. However, it should be noted
that as a result of new ARR 236(6), which allows a jurisdiction to pass a law
permitting certain roadside activities, new ARR 236(4) and 236(5) do not apply
in the ACT.
New ARR 236(4) prohibits pedestrians from washing
windscreens, hitchhiking, displaying advertisements, selling articles or
soliciting contributions, employment or business from an occupant of a vehicle.
New ARR 236(5) prohibits a person in a vehicle from buying an article or
service from a person standing on a road.
The regulations also make some
technical amendments to the Road Transport (Offences) Regulations 2001 and the
Road Transport (Safety and Traffic Management) Regulations 2000.
This regulation names the amendment regulations as the Road Transport
Legislation (Australian Road Rules) Amendment Regulations 2004 (No )
(hereafter referred to as the Amendment Regulations).
This regulation provides for the commencement of the changes to the Road Transport legislation. All these regulations will commence on a day fixed by the Minister by written notice.
This regulation specifies that Part 2 of the Amendment Regulations amends the
Road Transport (Offences) Regulations 2001.
Regulation 4
– Regulation 6 (3)
This regulation omits regulation 6(3) which
defines a camera-detected offence. This regulation is unnecessary
because this term is defined in the dictionary.
This regulation substitutes a new heading for regulation 15 which is more
informative and brings the heading into line with current drafting
practice.
Regulations 6 to 23 make consequential amendments to Part 1.2 and Part 1.13
of Schedule 1 of the Road Transport (Offences) Regulations 2001.
Part
1.2 provides a short description of the offences in the ARR, 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)
Regulations 2000.
The Schedule also provides the offence penalty,
infringement penalty (if applicable), and demerit points (if
applicable).
Regulation 6 – Schedule 1, part 1.2
(Australian Road Rules), items 36 to 39
This regulation amends the short
description of items 36 to 39 of Schedule 1, Part 1.2 as a result of amendments
made to ARR 57 (Stopping for a yellow traffic light or arrow). The amendments
to ARR 57 clarify the policy intent of the rule and bring it into line with the
drafting of similar provisions.
This regulation inserts two new items as a result of the inclusion of two new
offences in new ARR 69(2A), which require drivers to give way to vehicles and
pedestrians when using a slip lane. A slip lane is an area of road for vehicles
turning left that is separated, at some point, from other parts of the road by a
painted island or traffic island.
Regulation 8 –
Schedule 1, part 1.2, new items 67A and 67B
This regulation inserts two
new items as a result of the inclusion of two new offences in ARR 74(1)(d). ARR
74(1)(d) provides that it is an offence for drivers not to give way to vehicles
when entering a road from a road-related area (such as a service
station).
This regulation inserts a new item as a result of the inclusion of a new
offence in ARR 77(1). ARR 77(1) provides that it is an offence for drivers, or
bicycle riders in a bicycle lane, to not give way to a bus that has stopped in
the lane to pick up or set down passengers and is about to enter or proceed in
the lane.
This regulation inserts a new item as a result of the inclusion of a new
offence in ARR 128A which covers drivers who enter a children’s crossing,
marked foot crossing or pedestrian crossing when the road beyond the crossing is
blocked.
Regulation 11 – Schedule 1, part 1.2, items
199 and 200
This regulation amends items 199 and 200 as a result of
amendments made to ARR 163 and 164 (Driving past the rear of a stopped tram;
Giving way to pedestrians crossing the road near a stopped tram). The
amendments to ARR 163 and 164 clarify that if a tram is simply stopped in
traffic and not in the process of picking up or dropping off passengers, a
driver may proceed past the tram.
This regulation omits item 204 as a result of the omission of the offence
provision for ARR 170(1) (A driver must not stop in an intersection) from the
revised version of the ARR. This is the result of an oversight and is corrected
in the ACT’s legislation by including a new offence in the Road Transport
(Safety and Traffic Management) Regulations 2000 which is modelled on ARR
170(1). See regulation 32 of these Amendment Regulations.
This regulation inserts a new item as a result of the inclusion of a new
offence in ARR 179(2), which prohibits stopping in a loading zone longer than
permitted by a loading zone permit or by another ACT law.
This regulation inserts a new item as a result of the inclusion of a new
offence in new ARR 203A (Stopping in a slip lane).
Regulation
15 – Schedule 1, part 1.2, item 251
This regulation amends item
251 as a result of amendments made to ARR 210 to clarify the rules about Angle
Parking.
This regulation amends item 257 as a result of amendments made to ARR 213 to
clarify the policy intent of the rule (Making a motor vehicle secure). It
ensures that in all cases, the driver must switch off the engine and apply the
handbrake before leaving the vehicle, including for the purpose of paying a
parking fee.
This regulation amends items 306 and 307 as a result of amendments to ARR 240(1). The amendments to ARR 240(1) clarify that wheeled recreational devices (eg skateboards and rollerblades) are only to be used on roads which have a speed limit not exceeding 60 km/h.
This regulation amends item 318 as a result of amendments to ARR 244. The
amendments to ARR 244 correct an anomaly by expanding the current offence to
prohibit a person on a wheeled recreational device from being towed by a vehicle
or travelling within two metres of the rear of a moving vehicle for a distance
of 200 metres or more. Bicycle riders are currently prohibited from these
activities under ARR 254 and 255.
This regulation amends item 324 as a result of an amendment to ARR 248. The
amendment to ARR 248 provides an exemption, which now allows cyclists to cross
on a marked foot crossing if there is a green bicycle crossing light. The
offences have been amended accordingly.
This regulation creates new items as a result of the creation of two new
offences under ARR 268. The amended rule provides that it is an offence for a
driver to allow passengers under the age of 16 years to travel in a part of the
vehicle not designed for the carriage of passengers, eg the back of a
utility.
This regulation amends item 367 as a result of an amendment to ARR 271(5),
which covers the carrying of passengers in the back of a “trike”
that has seating at the back, ie it is not a “sidecar”. The amended
offence is for exceeding the number of passengers on a motorbike seat or in a
sidecar.
This regulation provides for the renumbering of the items and sub items in
Schedule 1, part 1.2 when the regulations are next republished under the
Legislation Act.
This regulation substitutes item 1 of the Schedule, as a result of the repeal
of regulation 23A of the Road Transport (Safety and Traffic Management)
Regulations 2000. Revised ARR 248 (No riding across a road on a crossing)
allows the rider of a bicycle to ride across a marked foot crossing if there is
a green bicycle crossing light, so there is no longer a need for the ACT to have
a regulation (regulation 23A) to cover this situation.
New item 1
provides a short description and offence penalty for regulation 12A. Regulation
12A is a new offence modelled on the existing ARR 170 (1) ‘A driver must
not stop in an intersection’. The offence provision for this rule was
inadvertently omitted when the ARR were revised by the National Transport
Commission.
Regulation 24 – Legislation amended – pt
3
This regulation specifies that Part 3 of the Amendment Regulations
amends the Road Transport (Safety and Traffic Management) Regulations
2000.
This regulation amends regulation 5 to refer to the new edition of the ARR
published by the National Road Transport Commission on 22 October
2003.
Regulations 26 to 30 – Division
2.2.1
Division 2.2.1 of the Road Transport (Safety and Traffic
Management) Regulations 2000 contains two tables, which set out the provisions
of the ARR for which provision is made in the regulations and other Territory
laws. The ARR must be read subject to these provisions, and any other
associated laws of the Territory.
Amendment Regulations 26 to 30 make a
number of consequential amendments to the first of these tables as a result of
amendments to the revised ARR.
Regulation 26 – Division
2.2.1, note 2, table
This regulation omits regulation 8A - ARR 25(2) from
the table because revised ARR 25(2) provides for a national default speed
limit in built-up areas of 50 kilometres per hour. Therefore the ACT no
longer needs a regulation stating that it has a default speed limit in built-up
areas of 50km/h. See Amendment Regulation 31.
Regulation 27
- Division 2.2.1, note 2, table
This regulation adds new
regulation 12A - ARR 170(1) to the table, for the reason described in regulation
12 above. This new regulation inserts 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. See
Amendment Regulation 32.
This regulation omits regulation 16A - ARR 213, from the table and
substitutes regulation 16A - ARR 213(5). The revision of the wording of ARR 213
has resulted in a renumbering of the ACT’s exemption from the requirement
to lock the doors of the vehicle. The current ARR reference is to ARR 213(4)(b)
and the new reference will be to ARR 213(5). See Amendment Regulation
33.
This regulation omits regulation 23A - ARR 248 from the table, because
regulation 23A in the Road Transport (Safety and Traffic Management) Regulations
2000 is being repealed. Revised ARR 248 (No riding across a road on a crossing)
allows the rider of a bicycle to ride across a marked foot crossing if there is
a green bicycle crossing light, so there is no longer a need for the ACT to have
a regulation (regulation 23A) to cover this situation. See Amendment Regulation
35.
This regulation omits regulation 8A because revised ARR 25(2) provides
for a national default speed limit in built-up areas of 50 kilometres per hour.
Therefore the ACT no longer needs a regulation stating that it has a default
speed limit in built-up areas of 50km/h.
This new regulation inserts 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. (See
regulation 12 above.)
This regulation updates the reference to ARR 213(4)(b) because this provision
has been renumbered in the revised ARR. The current ARR reference to ARR
213(4)(b) has been replaced by a reference to ARR 213(5).
New regulation 22A permits the roadside activities prohibited by new ARR 236
(4) and (5).
New ARR 236(4) prohibits pedestrians from washing
windscreens, hitchhiking, displaying advertisements, selling articles or
soliciting contributions, employment or business from an occupant of a vehicle.
New ARR 236(5) prohibits a person in a vehicle from buying an article or
service from a person standing on a road.
New ARR 236(6) allows a
jurisdiction to pass a regulation permitting these roadside activities.
This regulation omits regulation 23A, which relates to ARR 248, from the Road
Transport (Safety and Traffic Management) Regulations 2000. Revised ARR 248 (No
riding across a road on a crossing) allows the rider of a bicycle to ride across
a marked foot crossing if there is a green bicycle crossing light, so there is
no longer a need for the ACT to have a regulation (regulation 23A) to cover this
situation.
This regulation corrects an omission in the original legislation by adding an
exemption for postal vehicles to regulation 29, which relates to ARR 289(1)(g)
– Driving on a nature strip. Small motorbikes used by postal workers are
permitted to be driven on nature strips.
This regulation provides for the renumbering of the paragraphs in regulation
29 when the regulations are next republished under the Legislation Act.
This regulation corrects an error in the original legislation by omitting the
definition of emergency worker from the dictionary in the Road Transport (Safety
and Traffic Management) Regulations 2000. This definition is unnecessary
because this term is already defined in regulation 33(1) of these
regulations.
This regulation corrects an error in the original legislation by omitting the
note about the definition of postal worker from the dictionary in the Road
Transport (Safety and Traffic Management) Regulations 2000. The note
says ‘Postal worker is defined in reg 32 for the Australian Road
Rules’. ‘Postal worker’ is not defined in regulation 32 of
the Road Transport (Safety and Traffic Management) Regulations 2000. It
is defined in regulation 33(1).