Western Australian Repealed Regulations

This legislation has been repealed.

ROAD TRAFFIC CODE 1975 - REG 103

103 .         Definitions

        (1)         In these regulations, unless the context requires otherwise — 

        “accredited pilot” means a person who has successfully completed a training course in the pilotage of over-dimensional vehicles, being a course which is — 

            (a)         provided by a person registered by the Training Accreditation Council as a training provider under section 27 (1) (a) of the Vocational Education and Training Act 1996 ; and

            (b)         accredited by that Council under section 27 (1) (b) of that Act;

        “aggregate mass” in relation to a vehicle has the same meaning as that term has in the Road Traffic (Vehicle Standards) Regulations 1977 ;

        “articulated vehicle” means a motor vehicle having at its rear a portion on wheels that is pivoted to, and part of which is superimposed on and supported by, the front portion of the vehicle;

        “bicycle” means — 

            (a)         any 2 or 3 wheeled vehicle that is designed to be propelled solely by human power; or

            (b)         a 2-wheeled or 3-wheeled vehicle that is a power assisted pedal cycle;

        “built-up area” means the territory contiguous to and including any road — 

            (a)         on which there is provision for lighting by means of street lamps; or

            (b)         which is built up with structures devoted to business, industry or dwelling houses at intervals of less than 100 metres for a distance of one half kilometre or more; or

            (c)         beyond a sign indicating “BUILT-UP AREA” erected at the roadside to face drivers approaching a development consisting of dwelling houses, or business or industrial structures;

        “bus embayment” means an embayment at the side of a carriageway, designed so that an omnibus can be driven into it, for the purpose of allowing passengers to alight or enter, without impeding the flow of traffic on that carriageway, but does not include a bus lane;

"         bus lane", "bus-taxi lane" means a marked lane of a carriageway bounded on each side by a yellow line, or on one side by a yellow line and on the other by the pavement edge or kerb and designated as such — 

            (a)         in the case of a bus lane, by signs erected adjacent to the lane or the word “BUS” marked along the pavement within the lane; and

            (b)         in the case of a bus-taxi lane, by the words “BUS-TAXI” marked along the pavement within the land;

        “carriageway” means a portion of a road that is improved, designed or ordinarily used for vehicular traffic, and includes the shoulders, and areas, including embayments, at the side or centre of the carriageway, used for the standing or parking of vehicles; and, where a road has 2 or more of those portions divided by a median strip, the expression means each of those portions, separately;

        “centre” , in relation to a carriageway, means a line or a series of lines, marks, or other indications placed at, or near, the middle of the carriageway or, in the absence of any such lines, marks or other indications, the middle of the main, travelled portion of the carriageway;

        “children’s crossing” means a portion of a carriageway between 2 parallel broken or unbroken lines, each approximately 150 millimetres wide and not more than 5 metres apart marked across, or partly across the carriageway and near which a fluorescent red-orange flag or sign bearing the words, “CHILDREN CROSSING —STOP”, in black letters, is displayed and, where the lines are so marked partly across a carriageway, includes the portion of the carriageway between the prolongations of those lines;

        “competent authority” means any government department, government instrumentality, statutory authority or municipality;

        “de-restriction sign” means a sign that is substantially rectangular in shape and — 

            (a)         is erected near the boundary of a carriageway; and

            (b)         consists of a black circle crossed by a black diagonal bar set upon a white background;

        “dipped” in relation to the main beam of light projected by the headlamp of a motor vehicle, means directed downwards, as prescribed by the Road Traffic (Vehicle Standards) Regulations 1977 , as amended from time to time;

        “dipping device” means a device by which the driver of a motor vehicle, while retaining his normal driving position, can cause the main beam or beams of light from the headlamp or headlamps of his vehicle to be dipped;

        “dual use path” means a footway or length thereof at both ends of which are traffic signs indicating that persons may ride bicycles on the footway or length thereof between those traffic signs;

        “emergency vehicle” means a motor vehicle — 

            (a)         conveying a member of the police force on urgent official duty;

            (aa)         that has conveyed a member of the police force on urgent official duty and is stationary at any place where the urgent official duty is being carried out;

            (b)         of a fire brigade travelling to, or on duty at, any place, in consequence of a fire or an alarm of fire or of an emergency or rescue operation where human life is reasonably considered to be in danger;

            (c)         being an ambulance, answering an urgent call or conveying to hospital any injured or sick person urgently requiring treatment;

            (d)         being used to obtain or convey blood or other supplies, drugs or equipment for a person urgently requiring treatment and duly authorized to carry a siren or bell for use as a warning instrument; or

            (e)         duly authorized as an emergency vehicle for the purposes of these regulations, by the Director General;

        “end local traffic area sign” means a sign, erected near the boundary of a carriageway to face approaching drivers, that is substantially rectangular in shape and consists of — 

            (a)         the words “End Local Traffic Area” in black lettering; and

            (b)         the symbol of an adult with a child, in black;

                upon a white background;

        “end of school zone sign” means a sign, erected near the boundary of a carriageway to face approaching drivers, that is substantially rectangular in shape and consists of the words “End of School Zone” in black lettering upon a white background;

        “exempt motor chair” means a motorized wheel chair that is designed so as to be not capable of a speed exceeding 7 kilometres per hour;

        “footway” includes every footpath, lane or other place — 

            (a)         intended for the use of pedestrians only or, in the case of a dual use path, for the use of pedestrians and bicyclists only; or

            (b)         habitually used by pedestrians and not by vehicles or, in the case of a dual use path, by pedestrians and bicyclists and not by vehicles other than bicycles;

        “freeway” means a road or portion of a road that is designated as a freeway by signs erected thereon or adjacent thereto;

        “gross combination mass” in relation to a vehicle has the same meaning as that term has in the Road Traffic (Vehicle Standards) Regulations 1977 ;

        “hours of darkness” means the hours falling between sunset, on one day, and sunrise, on the succeeding day;

        “intersection” means the area contained within the prolongation or connection of the lateral boundaries of 2 carriageways that meet one another at, or approximately at, right angles, or the area within which vehicles, travelling by, on or from different carriageways that meet at any other angle, may come into conflict;

        “laden mass” in relation to a vehicle has the same meaning as that term has in the Road Traffic (Vehicle Standards) Regulations 1977 ;

        “laned carriageway” means a carriageway divided by lines into two or more marked lanes for vehicular traffic;

        “local traffic area” means a carriageway or length of carriageway — 

            (a)         defined at its beginning by means of a local traffic area sign and at its end by means of an end local traffic area sign; or

            (b)         that forms part of a network of 2 or more carriageways defined by means of — 

                  (i)         local traffic area signs erected near the boundary of each carriageway that provides access to the network, so that a driver can only lawfully enter the network on a carriageway by passing a local traffic area sign; and

                  (ii)         end local traffic area signs erected near the boundary of each carriageway that provides an exit from the area, so that a driver can only lawfully exit the network on a carriageway by passing an end local traffic area sign;

        “local traffic area sign” means a sign or combination of signs, erected near the boundary of a carriageway to face approaching drivers, that consists of — 

            (a)         the number “40” in black set within a red circle;

            (b)         the words “Local Traffic Area” in black lettering; and

            (c)         the symbol of an adult with a child, in black,

                upon a white background;

        “marked cross-walk” means a portion of a carriageway between 2 parallel broken or unbroken lines marked across, or partly across, the carriageway and, where the lines are so marked partly across the carriageway, includes the portion of the carriageway between the prolongations of the lines;

        “median strip” means any physical provision, other than lines, dividing a road to separate vehicular traffic proceeding in opposing directions or to separate 2 one-way carriageways for vehicles proceeding in opposing directions;

        “motor cycle” means a motor vehicle that has 2 wheels or, where a sidecar is attached thereto, has 3 wheels;

        “No Parking Area” means a portion of a carriageway that lies — 

            (a)         between 2 consecutive white signs inscribed with the words, “No Parking”, in red lettering, and each with an arrow pointing generally towards the other of them; or

            (b)         between a white sign, inscribed with the words “No Parking”, in red lettering, and a dead end or an area in which standing is prohibited and that lies in the general direction indicated by an arrow inscribed on the sign;

        “No Standing Area” means a portion of a carriageway — 

            (a)         between two consecutive white signs inscribed with the words, “No Standing”, in red lettering, and each with an arrow pointing generally towards the other of them; or

            (b)         between a white sign inscribed with the words, “No Standing”, in red lettering, and a dead end or an area in which standing is prohibited and that lies in the general direction indicated by an arrow inscribed on the sign;

        “one-way carriageway” means a carriageway on which vehicles are permitted to travel in one direction, only;

        “over-dimensional vehicle” means a vehicle which exceeds the maximum dimensions permitted under regulation 1108 of the Road Traffic (Vehicle Standards) Regulations 1977 (by the application of the Australian Design Rules);

        “park” means to permit a vehicle, whether attended or not, to remain stationary, except for the purpose of avoiding conflict with other traffic, of complying with the provisions of any law or of immediately taking up or setting down persons or goods;

        “parking area” means a portion of a carriageway — 

            (a)         between two consecutive white signs inscribed with the word, “Parking”, in green lettering, and each with an arrow pointing generally towards the other of them; or

            (b)         extending, from a white sign inscribed with the word, “Parking”, in green lettering, in the general direction indicated by an arrow inscribed on the sign to any other sign inscribed with the words, “No Parking”, or, “No Standing”, in red lettering, or to a dead end or an area in which the parking or standing of vehicles is prohibited;

        “pedestrian” means any person on foot or on or in a toy vehicle or in a perambulator, or a physically disabled person in an unmotorized wheel chair or in an exempt motor chair, and includes — 

            (a)         a person pushing a perambulator or wheel chair; and

            (b)         a person wheeling a bicycle, if the person is completely dismounted from the bicycle;

        “pedestrian mall” means any road or portion of a road that is designated as a pedestrian mall by signs erected thereon or adjacent thereto;

        “pedestrian crossing” means a portion of a carriageway — 

            (a)         defined — 

                  (i)         by alternate black and white stripes; or

                  (ii)         by white or yellow stripes (according to the colour of the carriageway) and the portions of the carriageway lying between those stripes,

                in such a manner that each stripe is approximately parallel to the centre of the carriageway; and

            (b)         near each end of which may be erected, on each side of the carriageway, so as to be clearly visible to an approaching driver, a pedestrian crossing (walking legs) sign, as specified in Australian Standard No. E.36-1960, R.12, of the Standards Association of Australia;

        “property line” means a lateral boundary of a road;

        “regulation” means one of these regulations;

        “restriction sign” means a sign, other than a local traffic area sign, a school zone sign or a heavy vehicle speed zone sign, that is substantially rectangular in shape and — 

            (a)         is erected near the boundary of a carriageway; and

            (b)         consists of black numerals set within a red circle upon a white background;

        “roundabout” means an intersection that is laid out for the movement of vehicular traffic, in one direction, around a traffic island;

        “school zone” means a carriageway or length of carriageway defined at its beginning by means of a school zone sign and at its end by means of an end of school zone sign;

        “school zone periods” means the days, and the periods during those days, that the speed limit indicated on a school zone sign has effect;

        “school zone sign” means a sign or combination of signs, erected near the boundary of a carriageway to face approaching drivers, that consists of — 

            (a)         a number in black numerals set within a red circle;

            (b)         the words “School Zone” in black lettering; and

            (c)         the school zone periods in black numerals and black lettering,

                upon a white background;

        “service vehicle” means a vehicle used or intended to be used for the purpose of picking up or setting down goods or merchandising in a pedestrian mall;

        “special purpose vehicle” means a public utility service truck, a tow truck, a vehicle being used for official duties by a member of the Police Force, a motor break-down service vehicle or a vehicle being used by a governmental or local authority in connection with its functions, but does not include an emergency vehicle;

        “speed zone” means a length of carriageway defined at its beginning by means of a restriction sign and at its end by means of — 

            (a)         a de-restriction sign;

            (b)         another restriction sign; or

            (c)         the termination of the carriageway at an intersection where the carriageway meets another road but does not continue through and beyond that road;

        “stand” , in relation to a vehicle, means to stop the vehicle and permit it to remain stationary, except for the purpose of avoiding conflict with other traffic or of complying with the provisions of any law;

        “stop line” means a line marked across, or partly across, a carriageway near a traffic-control signal, stop sign, children’s crossing or railway level crossing flashing light signals;

        “stop sign” means an octagonal sign inscribed with the word “Stop”;

        “taxi” means a taxi within the meaning of the Taxi Act 1994 or a taxi-car within the meaning of section 47Z of the Transport Co-ordination Act 1966 ;

        “the Act” means the Road Traffic Act 1974 ;

        “tow truck” has the same meaning as is given to that expression in the Tow Truck Regulations 1975 ;

        “traffic-control signal” means any device, however operated, for the control or regulation of traffic by the use of a word or words, a symbol or symbols, a coloured light or coloured lights or any combination of those things;

        “traffic island” means any physical provision, other than lines marked on a carriageway, made at or near an intersection, to guide vehicular traffic;

        “traffic sign” means a sign, mark, structure or device placed, or erected, on or near a road, for the purpose of regulating, guiding or directing traffic;

        “trailer” means any vehicle without motive power of its own, designed for attachment to a motor vehicle for the purpose of being towed, but does not include the rear portion of an articulated vehicle, or a side-car;

        “train” means a railway locomotive or rolling stock;

        “two-way carriageway” means any carriageway that is not a one-way carriageway;

        “U turn” means a turn by which a vehicle, facing or travelling on a carriageway in one direction, is made to face or travel in the opposite, or substantially in the opposite, direction, whether on the same or on another carriageway; and

        “vehicle” has the same meaning as that term has in the Act, and, in Parts IV to XI, inclusive and in Part XVIII of these regulations, includes an animal driven or ridden.

        (2)         Without limiting the operation of section 7 or 110 of the Act, any reference in regulation 202, regulation 205 or regulation 1620 to a member of the Police Force shall be construed as including a reference to any person who — 

            (a)         has been appointed to be a Warden under section 7 of the Act;

            (b)         is authorized by the Road Traffic (Licensing) Regulations 1975 , as in force from time to time under the Act to perform the duties of controlling vehicles and pedestrians at children’s crossings and pedestrian crossings; and

            (c)         is at the relevant time performing any of the duties referred to in paragraph (b) of this subregulation.

        (3)         For the purposes of these regulations a lane or portion of a lane of a carriageway is a “contra flow bus lane” during any period for which it is set apart under regulation 307 for the purpose of allowing omnibuses, emergency vehicles, and special purpose vehicles — 

            (a)         to travel in that lane to the exclusion of all other classes of vehicle; and

            (b)         to travel along that lane in a direction opposite to the direction ordinarily travelled by traffic along that carriageway.

        [Regulation 103 amended in Gazette 31 October 1975 p.4030; 18 February 1977 p.488; 1 April 1977 p.922; 10 November 1977 p.4135; 14 April 1978 p.1111; 23 November 1979 p.3647; 15 January 1981 p.99; 1 May 1981 p.1374; 4 September 1981 p.3833; 2 February 1982 pp.398-9; 8 October 1982 p.4025; 1 March 1985 p.791; 25 July 1986 p.2460; 19 December 1986 p.4875; 11 December 1987 p.4379; 13 May 1988 p.1598; 21 July 1989 p.2221; 28 September 1990 p.5072; 24 December 1991 p.6468; 3 March 1992 p.1093; 31 December 1992 pp.6393-4; 18 March 1994 p.1199; 10 January 1995 p.64; 1 November 1996 p.5796; 31 January 1997 pp.661-2 and 677; 30 May 1997 p.2500.]