SCHEDULE 6 - Jurisdictional qualifications

Rules 383 and 384

PART 1 - Jurisdictional qualifications for specific rules

1.    Rule 158: Exceptions to driving in special purpose lanes, &c.

For rule 158(2)(c), the driver of a service vehicle is permitted to drive in a bicycle lane, bus lane, tram lane, transit lane or truck lane.

2.    Rule 179: Stopping in a loading zone

(1) For rule 179(1)(c), a vehicle may stop in a loading zone if –

(a) the vehicle is dropping off or picking up goods (the permitted activity ); and

(b) the vehicle, if not a truck, service vehicle or public bus, has the name and address of its registered operator permanently displayed by non-magnetic means on its left-hand or right-hand side in letters that are at least 25 millimetres high and of a contrasting colour to the colour of the vehicle; and

(c) the driver does not carry out any activity other than the permitted activity; and

(d) the driver, on completing the permitted activity, leaves the loading zone as soon as the driver can do so safely.

Note	Public bus , service vehicle and truck are defined in the dictionary and loading zone is defined in rule 179.

(2) For rule 179(1)(c), a vehicle may also stop in a loading zone if –

(a) the vehicle is providing a community transport service, and the driver is dropping off or picking up passengers (the permitted activity ); and

(b) the driver does not carry out any activity other than the permitted activity; and

(c) the driver does not leave the vehicle unattended for more than 5 minutes; and

(d) the driver, on completing the permitted activity, leaves the loading zone as soon as the driver can do so safely.

(3) For this rule, the driver of a vehicle is taken to have left it unattended if the driver is more than 3 metres away from the closest point of the vehicle.

(4) In this clause –

community transport service means a transport service provided by –

(a) the Commonwealth, the State or a council; or

(b) an organisation that is a not-for-profit organisation funded entirely or partially by the Commonwealth, the State or a council (or any combination of those government entities); or

(c) an organisation that is, or is entitled to be, endorsed by the Australian Taxation Office as a charitable or benevolent institution.

Note	Loading zone is defined in rule 179.

3.    Rule 187: Stopping in a bicycle lane, bus lane, tram lane, tramway, transit lane, truck lane or on tram tracks

(1) For rule 187(1)(b), the driver of a service vehicle is permitted to stop in a bus lane, transit lane or truck lane.

Note	Service vehicle , bus lane , transit lane and truck lane are defined in the dictionary.

(2) For rule 187(2)(b), the driver of a service vehicle is permitted to stop in a bicycle lane.

Note	Service vehicle and bicycle lane are defined in the dictionary.

4.    Rule 197: Stopping on a path, dividing strip, nature strip, painted island or traffic island

(1) For rule 197(1)(b), a driver is permitted to stop on a bicycle path, footpath, shared path or dividing strip, or a nature strip adjacent to a length of road in a built-up area if –

(a) the driver is a postal worker, for the Road Rules , who is driving a postal vehicle in the course of his or her duty as a postal worker and is taking reasonable care; or

(b) the driver's vehicle is being used in connection with works being carried out by a Road Authority, the driver is taking care and in the circumstances it is not practicable to comply with the rule.

Note	Bicycle path , dividing strip , footpath , length of road , shared path , nature strip , postal worker and Road Authority are defined in the dictionary.

(2) For rule 197(1)(b), a driver is permitted to stop on a nature strip if –

(a) the nature strip is in a built-up area; and

(b) the driver is the owner or occupier of a private residence on adjacent land that is contiguous with the nature strip; and

(c) the driver's vehicle, when stopped, does not unreasonably obstruct other road users.

Note	Adjacent land and built-up area are defined in the dictionary.

5.    Rule 200: Stopping on roads: heavy and long vehicles

For rule 200(2), the driver of a heavy vehicle, or long vehicle, is permitted to stop on a length of road in a built-up area for longer than one hour if the driver's vehicle is a bus and the bus is stopped in –

(a) a bus zone, and the driver is not contravening any parking control sign applying to the bus zone; or

(b) a parking space within the meaning of Part VII of the Local Government (Highways) Act 1982 , at a time when the parking meter or voucher machine for that space is not operating.

Note 1	Built-up area , bus , bus zone and length of road are defined in the dictionary. Heavy vehicle is defined in rule 200 and long vehicle is defined in rules 127 and 200. Parking meter and voucher machine are defined in Part VII of the Local Government (Highways) Act 1982.
Note 2	The driver of a heavy vehicle or long vehicle may also be permitted to stop on a length of road in a built-up area for longer than one hour under an exemption permit – see rule 376.

6.    Rule 213: Making a motor vehicle secure

For rule 213(3), the driver does not have to comply with the rule if –

(a) he or she is using a device which –

(i) is on, or fixed to, the driver's vehicle; and

(ii) can only operate if the vehicle's engine is switched on; and

(iii) is being used to deliver goods to or collect goods from adjacent land; and

(b) the vehicle is equipped with a device, in addition to a handbrake, that is being applied to prevent the wheels of the main drive axle from turning.

7.    Rule 247A: Entering a bicycle storage area

For rule 247A, the rider of a bicycle does not have to comply with the rule if the rider cannot enter the bicycle storage area from a bicycle lane.

8.    Rule 288: Driving on a path

For rule 288(2)(c), a driver is permitted to drive on a path if –

(a) the driver is –

(i) using his or her vehicle in connection with works being carried out by a Road Authority; or

(ii) a postal worker who is driving a motor bike in the course of his or her duty as a postal worker; and

(b) in the circumstances it is not practicable to comply with the rule; and

(c) the driver takes reasonable care and does not exceed 10 kilometres per hour; and

(d) the driver gives way to all other road users on the path.

Note	Postal worker and Road Authority are defined in the dictionary.

9.    Rule 289: Driving on a nature strip

For rule 289(1)(g), a driver is permitted to drive on a nature strip if –

(a) the driver's vehicle is being used in connection with works being carried out by a Road Authority and in the circumstances it is not practicable to comply with the rule; and

(b) the driver does not exceed 10 kilometres per hour and takes reasonable care.

Note	Nature strip and Road Authority are defined in the dictionary.

10.    Rule 313: Exemption for postal vehicles

For rule 313, none of the provisions mentioned in subrule (2) of the rule apply to the driver of a postal vehicle.

11.    Rule 313B: Exemption for breakdown vehicles

For rule 313B, none of the provisions mentioned in subrule (2) of the rule apply to the driver of a breakdown vehicle.

PART 2 - Jurisdictional qualifications – definitional

Division 1 - Meaning of terms defined in the dictionary

1.    Authorised person

(1) A person who is a transport inspector is taken to have been appointed by the Transport Commission as an authorised person for the Road Rules .

(2) A person who is a school crossing patrol officer is taken to have been appointed by the Transport Commission as an authorised person for rule 304 in its application to and for the purposes of rule 80.

(3) A person who is a railway employee is taken to have been appointed by the Transport Commission as an authorised person for rule 304 in its application to, and for the purposes of, Part 10 and rule 101.

(4) A person who is a road worker is taken to have been appointed by the Transport Commission as an authorised person for rule 304 in its application to, and for the purposes of, roadworks.

(5) A person who is an SES worker is taken to have been appointed by the Transport Commission as an authorised person for rule 304 in its application to, and for the purposes of, giving directions for the safe and efficient movement of road traffic in the following circumstances:

(a) at or near the scene of a motor vehicle crash;

(b) during the attendance of an emergency incident;

(c) during the conduct of a public event, but only at the direction of a police officer.

(6) In this clause –

SES worker means a person who is –

(a) registered under section 28(2)(b) of the Emergency Management Act 2006 ; and

(b) authorised by the Director of the State Emergency Service appointed under section 27 of that Act to –

(i) act as an authorised officer for the purposes of rule 304; and

(ii) give directions for the safe and efficient movement of traffic.

Note	Railway employee , road worker , school crossing patrol officer , Transport Commission and transport inspector are defined in the dictionary.

2.    Breakdown worker

A person is a breakdown worker for the Road Rules if the person is –

(a) an employee of an organisation that provides a vehicle breakdown service; and

(b) is providing services to repair a broken down vehicle.

3.    Emergency worker

(1) A person is an emergency worker for the Road Rules if the person is –

(a) an employee of Airservices Australia and also a member of the Rescue and Firefighting Service; or

(b) approved or authorised under the Ambulance Service Act 1982 ; or

(c) appointed or employed for the purposes of the Emergency Management Act 2006 or registered as a volunteer member of the State Emergency Service under section 28(2)(b) of that Act; or

(d) appointed or employed for the purposes of the Fire Service Act 1979 ; or

(e) a ranger appointed under, or a person appointed or employed for the purposes of, the Nature Conservation Act 2002 ; or

(f) a ranger appointed under, or a person appointed or employed for the purposes of, the National Parks and Reserves Management Act 2002 .

(2) In this clause –

Airservices Australia means the body established by section 7(1) of the Air Services Act 1995 of the Commonwealth;

Rescue and Firefighting Service has the same meaning as in the Air Services Regulations 1995 of the Commonwealth.

4.    Mechanical signalling device

A device is declared to be a mechanical signalling device for the Road Rules if it is an approved mechanical signalling device complying with the Vehicle Standards .

5.    Oversize vehicle

A vehicle is declared to be an oversize vehicle for the Road Rules if its dimensions, including any load, exceed –

(a) in the case of a light vehicle, the maximum allowable dimensions specified for that vehicle in the Vehicle and Traffic (Vehicle Operations) Regulations 2024 ; and

(b) in the case of a heavy vehicle, the maximum allowable dimensions specified for that vehicle in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation , as made under the Heavy Vehicle National Law and applied in this jurisdiction by section 5 of the Heavy Vehicle National Law (Tasmania) Act 2013 .

6.    Parking permit for people with disabilities

A permit is a parking permit for people with disabilities for the Road Rules if it is a parking permit issued to a person with a disability by –

(a) the department responsible for administering the Traffic Act 1925 ; or

(b) a council.

7.    Police officer

A person is a police officer for the Road Rules if the person is a police officer as defined in the Police Service Act 2003 .

8.    Portable warning triangle

A portable warning triangle is taken to be approved for the Road Rules if it complies with Australian Standard AS 3790, bears the Australian Standards Mark and has no visible defects.

9.    Public bus

(1) A vehicle is declared to be a public bus for rule 183 if it is a bus that is –

(a) being operated for the purposes of carrying passengers; and

(b) not being operated for personal private use within the meaning of section 6 of the Passenger Transport Services Act 2011 .

(2) A vehicle is declared to be a public bus for the Road Rules if it is –

(a) a bus that is being used to operate an authorised regular passenger service within the meaning of the Passenger Transport Services Act 2011 ; or

(b) a bus that is –

(i) registered in another State or a Territory; and

(ii) permitted under a law of that State or Territory to operate as a public passenger vehicle; and

(iii) operating, under charter in this State, a passenger transport service within the meaning of the Passenger Transport Services Act 2011 .

10.    Railway employee

A person is a railway employee for the Road Rules if the person –

(a) is an employee of a railway owner, or railway operator, that holds accreditation under the Rail Safety Act 1997 ; and

(b) is giving directions for the safe and efficient regulation of traffic at or near a level crossing.

11.    Taxi

A vehicle is declared to be a taxi for the Road Rules if it is operating as a taxi under the authority of a taxi licence in force under the Taxi and Hire Vehicle Industries Act 2008 .

12.    Transport inspector

A person is a transport inspector for the Road Rules if the person –

(a) is authorised as an authorised officer under the Traffic Act 1925 ; or

(b) is appointed as an authorised officer under the Heavy Vehicle National Law ; or

(c) is otherwise authorised by the Transport Commission under section 9 of the Traffic Act 1925  –

and, in his or her instrument of authorisation or appointment, is specified as a transport inspector for the Road Rules .

Division 2 - Meaning of terms for particular rules

13.    Rule 199: Public postbox

For rule 199, a structure is declared to be a public postbox for the Road Rules if it is a structure –

(a) that is maintained by Australia Post; and

(b) in which letters or packages may be posted or deposited by any person for dispatch by Australia Post.

14.    Rule 216: Dangerous goods and placard load

For rule 216 –

(a) dangerous goods for the Road Rules are dangerous goods within the meaning of the Dangerous Goods (Road and Rail Transport) Act 2010 ; and

(b) a placard load for the Road Rules is a placard load within the meaning of the Dangerous Goods (Road and Rail Transport) Regulations 2010 .

15.    Rules 231 and 235A: Red pedestrian lights

For rules 231 and 235A, a reference in those rules to a red pedestrian light also includes a reference to a pedestrian light that is displaying, on the light, a count-down to the pedestrian light becoming a red pedestrian light.

Division 3 - General

16.    References to a person's age

For the Road Rules  –

(a) a person is taken to be of an age specified in a particular rule if the person has attained that age; and

(b) a person is taken to be under an age specified in a particular rule if the person has not attained that age.

PART 3 - Jurisdictional qualifications – approvals

1.    Rules 256 and 257: Approved bicycle helmet

For rule 256 and 257(1), a bicycle helmet is approved for the Road Rules if it complies with Australian Standard AS/NZS 2063, is marked in accordance with that Standard and has no visible defect.

2.    Rules 264, 265, 266 and 267: Approved seatbelt

For rules 264, 265, 266 and 267, a seatbelt is approved for the Road Rules if it complies with Australian Standard AS/NZS 2596, is marked in accordance with that Standard and has no visible defect.

3.    Rule 266(7): Approved child restraint, approved booster seat, approved child safety harness

For rule 266(7), a child restraint, booster seat or child safety harness is approved for the Road Rules if –

(a) it complies with Australian/New Zealand Standard AS/NZS 1754, is marked in accordance with that Standard and has no visible defect; or

(b) it is a booster seat or cushion forming an integrated part of the relevant motor vehicle and –

(i) was installed when the vehicle was manufactured, by the vehicle's manufacturer, so as to enable a child to use a seat belt, of the lap and sash type, that is installed; and

(ii) complies with the Australian Design Rules, under the Motor Vehicle Standards Act 1989 , or the Road Vehicle Standards Act 2018 , of the Commonwealth, for that type of booster seat or cushion as in force when the vehicle was manufactured or, as the case may be, imported into Australia, or complies with any later edition of those Rules as in force when the booster seat or cushion is being used.

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 2 October 2019

These rules are administered in the Department of State Growth.