Traffic (Road Rules) Amendment (Miscellaneous) Regulations 2001

Traffic (Road Rules) Amendment (Miscellaneous) Regulations 2001

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 .

17 December 2001

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 (Road Rules) Amendment (Miscellaneous) Regulations 2001 .

2.   Commencement

These regulations take effect on 1 January 2002.

3.   Principal Rules

In these regulations, the Traffic (Road Rules) Regulations 1999 are referred to as the Principal Rules.

4.    Rule 342 amended (Traffic signs (except parking control signs) applying to a length of road)

Rule 342(3) of the Principal Rules is amended by omitting

If a driver turns from a side road or private lane onto a length of road to which a traffic sign appies, the traffic sign applies to the driver even though the driver does not pass the sign.

in the table and substituting the following item:

If a driver turns from a side road or private lane onto a length of road to which a traffic sign applies, the traffic sign applies to the driver even though the driver does not pass the sign.

5.    Rule 361 inserted

After rule 360 of the Principal Rules , the following rule is inserted in Division 2:

361.   Use of loudspeakers on or from vehicles

(1)  A person must not use a loudspeaker on or from a vehicle unless –

(a) the person has a permit to do so; or

(b) the person is a police officer, emergency worker or transport inspector acting in the course of his or her duty as a police officer, emergency worker or transport inspector.

Penalty: Fine not exceeding 10 penalty units.

Note: Emergency worker, police officer and transport inspector are defined in the dictionary.

(2)  Permits for this rule are issued by senior police officers and any person may apply in writing for such a permit.

(3)  In determining whether or not to grant an application for a permit, a senior police officer –

(a) must consider the safety and convenience of the public and, if applicable, the arrangements made for the safety and convenience of participants in the relevant activity; and

(b) must, if the relevant activity is of a political character, have regard to the principle that people should be free to engage in lawful political activities; and

(c) may have regard to such other considerations as appear relevant in the circumstances.

(4)  A permit –

(a) is to be in such form as the senior police officer issuing it considers appropriate in the circumstances; and

(b) may be issued only for a specific date or dates, or for a specific period not exceeding 10 days; and

(c) may be made subject to such reasonable conditions as the issuing officer considers necessary or expedient in the interests of public safety; and

(d) must specify the name of the permit holder and the name, or a description, of the relevant activity; and

(e) must also specify the location or, if applicable, route of the relevant activity and the date, dates or period when it will be held.

(5)  A permit –

(a) may be surrendered but is not capable of being amended, renewed or transferred; and

(b) is not a defence to an action or indictment for nuisance.

(6)  The holder of a permit must not contravene a condition of the permit.

Penalty:  Fine not exceeding 10 penalty units.

(7)  The holder of a permit must immediately produce it to a police officer on demand.

Penalty:  Fine not exceeding 5 penalty units.

(8)  In this rule –

relevant activity means the fundraising, political or other activity for which a person proposes to use a loudspeaker on or from a vehicle;

senior police officer means a police officer of or above the rank of inspector.

6.    Part 22, Division 3: Heading amended

Division 3 of Part 22 of the Principal Rules is amended by inserting in the heading to that Division ", &c.," after "Livestock".

7.    Rules 366A and 366B inserted

After rule 366 of the Principal Rules , the following rules are inserted in Division 3:

366A.   Overtaking restive horses or livestock

(1)  A person who is riding a horse or in charge of livestock that has become restive or alarmed may direct an approaching driver, rider or pedestrian to stop and remain stationary until the horse or livestock has become settled and it is safe for the driver, rider or pedestrian to proceed.

(2)  The direction may be given by words or gestures or by a combination of words and gestures.

(3)  A person must not, without reasonable cause, disobey a direction given to the person under subrule (1) .

Penalty:  Fine not exceeding 20 penalty units.

(4)  A person must not give a direction under subrule (1) without reasonable cause.

Penalty:  Fine not exceeding 20 penalty units.

(5)  In this rule,

approaching means approaching from any direction.

366B.   Safe use of horses and horse-drawn vehicles

The rider of a horse or horse-drawn vehicle must not ride at a speed or in a manner that, in the circumstances –

(a) is careless or reckless; or

(b) constitutes a danger to other road users.

Penalty:  Fine not exceeding 20 penalty units.

8.    Rule 370 inserted

After rule 369 of the Principal Rules , the following rule is inserted in Division 4:

370.   Motor bikes: safety of child pillion passengers

(1)  The rider of a motor bike must not ride with a passenger who is under 12 years old unless the passenger is seated in a seat that has –

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

(b) a safety barrier, at least 350 millimetres high, on each side; and

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

Penalty: Fine not exceeding 10 penalty units.

Note: Motor bike is defined in the dictionary.

(2)  In this rule,

passenger, of a motor bike, means a person on the pillion seat of the motor bike.

(3)  This rule expires on 31 December 2002.

9.    Schedule 5 amended (Dictionary)

Clause 1 of Schedule 5 to the Principal Rules is amended as follows:

(a) by omitting "continous" from paragraph (b) of the definition of marked foot crossing and substituting "continuous";

(b) by omitting "suppported" from paragraph (a) of the definition of motor bike and substituting "supported";

(c) by omitting "appproaching" from the definition of oncoming vehicle and substituting "approaching".

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

Notified in the Gazette on 26 December 2001

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

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations effect minor statute law revision and preserve, as Road Rules in modified form, certain traffic laws that would otherwise soon expire or be due for repeal; the traffic laws being preserved concern –

(a) the safe use of horse-drawn vehicles; and

(b) road safety directions in relation to restive horses or livestock; and

(c) the safety of child pillion passengers on motor bikes; and

(d) the use of loudspeakers on and from vehicles.