New South Wales Consolidated Regulations

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ROAD RULES 2014 - REG 158

Exceptions to driving in special purpose lanes etc

158 Exceptions to driving in special purpose lanes etc

(1) The driver of any vehicle may drive for up to the permitted distance in a bicycle lane, bus lane, tram lane, transit lane or truck lane if it is necessary for the driver to drive in the lane:
(a) to enter or leave the road, or
(b) to enter a part of the road of one kind from a part of the road of another kind (for example, moving to or from a service road, the shoulder of the road or an emergency stopping lane), or
(c) to overtake a vehicle that is turning right, or making a U-turn from the centre of the road, and is giving a right change of direction signal, or
(d) to enter a marked lane, or part of the road where there is room for a line of traffic (other than motor bikes, bicycles, motorised wheelchairs or animals), from the side of the road.
Note 1 :
"Permitted distance" is defined in subrule (4).
Note 2 :
"Bicycle lane" is defined in rule 153,
"bus lane" is defined in rule 154,
"emergency stopping lane" is defined in rule 95,
"centre of the road" ,
"marked lane" ,
"overtake" ,
"right change of direction signal" ,
"service road" and
"U-turn" are defined in the Dictionary,
"shoulder" is defined in rule 12,
"tram lane" is defined in rule 155,
"transit lane" is defined in rule 156, and
"truck lane" is defined in rule 157.
Note 3 : A driver must keep clear of a tram travelling in a tram lane--see rule 76.
(1-1) Subrule (1) does not apply to a driver in a bus only lane.
Note : This subrule is an additional NSW subrule. There is no corresponding subrule in rule 158 of the Australian Road Rules .
(2) The driver of any vehicle may drive in a bicycle lane, bus lane, tram lane, transit lane or truck lane if:
(a) it is necessary for the driver to drive in the lane to avoid an obstruction, or
(b) information on or with a traffic sign applying to the lane indicates that the driver may drive in the lane, or
(c) the driver is:
(i) riding a bicycle in a bus lane (other than a bus only lane), tram lane, transit lane or truck lane, or
(ii) driving a taxi or motor bike in a bus lane (other than a bus only lane), or
(iia) before 30 June 2020, driving a hire vehicle (within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 ) to which is affixed an HC number-plate issued by the Authority in a transit lane or bus lane (other than a bus only lane) while the vehicle is being used for the purpose of providing a passenger service under that Act, or
(iii) driving a special purpose vehicle in a bus lane, tram lane, transit lane or truck lane, or
(iv) driving a motor breakdown service vehicle in a transit lane and is responding to an urgent or priority call, or
(v) driving a police vehicle, ambulance or fire brigade vehicle in a transit lane or bus lane (other than a bus only lane) while returning to base after proceeding to the scene of an accident or other emergency, or
(vi) driving a vehicle in a bus lane (other than a bus only lane), tram lane, transit lane or truck lane where the vehicle is being operated by or at the direction of the Authority for the purpose of conducting road and traffic surveys.
Note 1 :
"Obstruction" ,
"traffic sign" and
"with" are defined in the Dictionary, and
"Authority" is defined in the Act.
Note 2 : Subrule (2) (c) is not uniform with the corresponding paragraph in rule 158 of the Australian Road Rules . However, the corresponding paragraph in the Australian Road Rules allows another law of this jurisdiction to permit a driver to drive in special purpose lanes. Different rules may apply in other Australian jurisdictions.
(3) It is a defence to the prosecution of a driver for an offence against a provision of this Division for driving in a bicycle lane, bus lane, tram lane, transit lane or truck lane if:
(a) it is necessary for the driver to drive in the lane to stop at a place in the lane, and
(b) the driver is permitted to stop at that place under these Rules or another law of this jurisdiction, or it is a defence under rule 165 for the driver to stop at that place, and
(c) if the lane is a bicycle lane--the driver drives in the lane for no more than the permitted distance.
Note : Rule 165 provides a defence to the prosecution of a driver for an offence against a provision of Part 12 (Restrictions on stopping and parking). The defence is available, for example, if the driver needs to stop to deal with a medical or other emergency.
(4) In this rule:

"bus only lane" means:
(a) a bus lane beginning at a bus lane sign where the words "bus only" or "buses only" appear on or with the sign, or
(b) a bus lane beginning at a bus lane road marking where the road marking consists of the words "bus only" or "buses only".
Note 1 :
"Bus lane" and
"bus lane road marking" are defined in rule 154.
Note 2 : There is no corresponding definition for this term for the purposes of rule 158 of the Australian Road Rules . The definition is required for the purposes of subrule (2) (c).

"permitted distance" means:
(a) for a bicycle lane or a tram lane--50 metres, or
(b) for any other lane--100 metres.

"special purpose vehicle" means a motor vehicle (whether a tow truck, a vehicle used for repairing traffic control light signals or another vehicle) being operated by or at the direction of the Authority and proceeding to the scene of an accident or other emergency.
Note 1 :
"Authority" is defined in the Act.
Note 2 : There is no corresponding definition for this term for the purposes of rule 158 of the Australian Road Rules . The definition is required for the purposes of subrule (2) (c).



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