Traffic (General and Local) Amendment (Partial Rescission) Regulations 1999

Traffic (General and Local) Amendment (Partial Rescission) Regulations 1999

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Traffic Act 1925 .

29 November 1999

G. S. M. GREEN

Governor

By His Excellency's Command,

P. A. LENNON

Minister for Infrastructure, Energy and Resources

1.   Short title

These regulations may be cited as the Traffic (General and Local) Amendment (Partial Rescission) Regulations 1999 .

2.   Commencement

These regulations take effect on 1 December 1999.

3.   Principal Regulations

In these regulations, the Traffic (General and Local) Regulations 1956 are referred to as the Principal Regulations.

4.   Regulation 2 substituted

Regulation 2 of the Principal Regulations is rescinded and the following regulation is substituted:

2.   Interpretation

In these regulations –

Act means Traffic Act 1925 ;

B-double means a combination consisting of a prime mover towing 2 semi-trailers;

freight container means a box-like goods receptacle provided with corner fittings of, or similar to, the types specified in Australian Standard E45-1969 "Corner Fittings for Freight Containers";

police officer means a police officer within the meaning of the Police Regulation Act 1898 ;

twist-lock means a device fitted to or forming part of a vehicle and designed to secure the corner fittings of a freight container;

wharf means a wharf within the meaning of the Marine and Safety Authority Act 1997 .

5.   Regulation 8 amended (Offences)

(1)  Regulation 8(1) of the Principal Regulations is amended by omitting paragraphs (a), (b) and (c).

(2)  Regulation 8 of the Principal Regulations is further amended by omitting subregulations (1AA), (1A), (1AB), (1B), (1C), (1CA), (1CB), (1CC), (1D), (1E), (1F), (3), (3A), (4), (4A), (4B), (4C), (5), (5A), (7), (7A) and (7B).

6.   Regulation 14AA amended (Flashing or rotating lights not to be used except in certain cases)

Regulation 14AA of the Principal Regulations is amended as follows:

(a) by inserting in subregulation (2) the following paragraph after paragraph (a):

(b) operated by a person appointed or employed under section 7(1) or (3) of the National Parks and Wildlife Act 1970 for the purposes of fire-fighting; or

(b) by omitting from subregulation (5) the definition of "Tasman Bridge".

7.   Regulation 15 amended (Mudguards for wheels)

Regulation 15 of the Principal Regulations is amended by inserting the following subregulation after subregulation (2):

(3)  In this regulation,

straddle truck means a motor vehicle constructed or adapted to move a load by straddling and lifting that load.

8.   Regulation 17 substituted

Regulation 17 of the Principal Regulations is rescinded and the following regulation is substituted:

17.   Motor cycle passengers

(1)  In this regulation –

carry means carry otherwise than in a side-box or side-car;

child means a person who has not attained the age of 12 years.

(2)  The driver of a motor cycle must not carry a passenger on the motor cycle unless it is fitted with adequate footrests for the passenger's use, being footrests that are additional to any footrests provided for the driver.

(3)  The driver of a motor cycle must not carry a child as a passenger on the motor cycle unless the seat for the passenger has –

(a) a solid or otherwise safe barrier at the back; and

(b) a safety barrier, not less than 350 mm high, on each side; and

(c) a strap that is securely fastened from side to side across the front.

9.   Partial rescission of Principal Regulations

The following provisions of the Principal Regulations are rescinded:

(a) Part II;

(b) Division 1 of Part III;

(c) Division 2 of Part III, except regulations 8, 8E, 8F and 10;

(d) Division 3 of Part III, except regulations 14AA, 15, 16 and 16A;

(e) Division 3A of Part III;

(f) Division 4A of Part III, except regulation 17B;

(g) Division 5 of Part III, except regulations 19A, 19B and 19C;

(h) Parts IV, V and VI;

(i) Part VII, except regulation 36;

(j) Schedules 1, 4, 5, 6, 7 and 8.

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

Notified in the Gazette on 30 November 1999

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Traffic (General and Local) Regulations 1956 by –

(a) rescinding provisions that have been made redundant by the Traffic (Road Rules) Regulations 1999 ; and

(b) consequentially amending provisions that remain.