Road Amendment Rules (No. 2) 2014
I, the Lieutenant-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 rules under section 31A of the Traffic Act 1925 .
1 December 2014A. M. BLOW
Lieutenant-Governor
By His Excellency's Command,
M. T. (RENE) HIDDING
Minister for Infrastructure
These rules may be cited as the Road Amendment Rules (No. 2) 2014 .
These rules take effect on the day on which their making is notified in the Gazette.
In these rules, the Road Rules 2009 are referred to as the Principal Rules.
4. Rule 70 amended (Giving way at a give way sign at a bridge or length of narrow road)
Rule 70 of the Principal Rules is amended by omitting "on" and substituting "on, or approaching,".
5. Part 7, Division 3: Heading amended
Division 3 of Part 7 of the Principal Rules is amended by inserting in the heading to that Division "and driving in road-related areas" after "land".
6. Rule 75A inserted
After rule 75 of the Principal Rules , the following rule is inserted in Division 3:75A. Avoiding off-road collisions and dangers
(1) If 2 or more drivers are converging on the same place at such speed and in such manner that there is a reasonable likelihood that their vehicles would collide or create a dangerous situation if the drivers were to proceed to that place at that speed and in that manner, a driver having a converging vehicle on his or her right must give way to that vehicle.Penalty: Fine not exceeding 10 penalty units.(2) This rule applies only in a road-related area and does not apply to trams.
Note: Give way is defined in the dictionary, road-related area is defined in rule 13.
7. Rule 128A amended (Entering blocked crossings)
Rule 128A of the Principal Rules is amended by inserting after subrule (2) the following subrules:(3) Subrule (2) applies despite anything to the contrary in rule 171 or 172 .(4) However, subrule (3) is not intended to permit a driver to park a vehicle contrary to rule 171 or 172 .
8. Rule 134 amended (Exceptions to keeping to the left of a dividing line)
Rule 134 of the Principal Rules is amended as follows:(a) by omitting from subrule (2) "continuous dividing line," and substituting "continuous dividing line, or 2 parallel broken dividing lines,";(b) by omitting from subrule (3) "continuous dividing line," and substituting "continuous dividing line, or 2 parallel broken dividing lines,";(c) by omitting paragraph (b) from subrule (3) and substituting the following paragraphs:(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 or emergency stopping lane); or(c) to park in angle parking on the opposite side of the road provided that the driver does not need to perform a U-turn to reach the parking area.
9. Rule 138 amended (Keeping off a painted island)
Rule 138(2) of the Principal Rules is amended by omitting paragraph (b) and substituting the following paragraphs:(b) to enter a turning lane that begins immediately after the painted island; or(c) 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 or emergency stopping lane); or(d) to park in angle parking on the opposite side of the road provided that the driver does not need to perform a U-turn to reach the parking area.
10. Rule 147 amended (Moving from one marked lane to another marked lane across a continuous line separating the lanes)
Rule 147 of the Principal Rules is amended as follows:(a) by omitting from paragraph (d) "lane." and substituting "lane; or";(b) by inserting the following paragraph after paragraph (d) :(e) either of the marked lanes is a special purpose lane during specified times only and the driver –(i) is moving to or from that lane outside of the times during which it is a special purpose lane; and(ii) is permitted to drive in that lane outside of the times during which it is a special purpose lane under the Road Rules.
11. Rule 153 amended (Bicycle lanes)
Rule 153(4) of the Principal Rules is amended as follows:(a) by omitting from paragraph (a) "the lane" and substituting "the lane, or a road marking comprising both a white bicycle symbol and the word lane painted in white";(b) by omitting from paragraph (b)(i) "the lane" and substituting "the lane, or a road marking comprising both a white bicycle symbol and the words end lane painted in white".
12. Rule 197 amended (Stopping on a path, dividing strip, nature strip, painted island or traffic island)
Rule 197 of the Principal Rules is amended as follows:(a) by inserting the following subrule after subrule (1A) :(1B) A driver must not stop on a traffic island.
Penalty: Fine not exceeding 5 penalty units.
Note: Traffic island is defined in the dictionary.
(b) by omitting from subrule (2) " Subrule (1) does" and substituting " Subrules (1) and (1B) do".
13. Rule 238 amended (Pedestrians travelling along a road (except in or on a wheeled recreational device or toy))
Rule 238 of the Principal Rules is amended by inserting after subrule (2) the following subrule:(2A) This rule does not apply to a pedestrian in a shared zone.
Note: Shared zone is defined in the dictionary.
14. Rules 260 and 261 substituted
Rules 260 and 261 of the Principal Rules are rescinded and the following rules are substituted:260. Stopping for a red bicycle crossing light
(1) The rider of a bicycle approaching or at an intersection, or another place on a road or road-related area, with bicycle crossing lights must comply with this rule.
Penalty: Fine not exceeding 5 penalty units.
Note: Bicycle crossing lights is defined in the dictionary.
(2) If the bicycle crossing lights show a red bicycle crossing light and the rider has not already started crossing the intersection or place, the rider must not start to cross until –(a) the bicycle crossing lights change to green; or(b) there is no red or yellow bicycle crossing light showing.
Note 1: Red bicycle crossing light includes a flashing red bicycle crossing light – see the definition in the dictionary.
Note 2: Green bicycle crossing light and yellow bicycle crossing light are defined in the dictionary.
Example
Red bicycle crossing light
Green bicycle crossing light
(3) In this rule –road includes any shoulder of the road.
Note: Road-related area is defined in rule 13, and shoulder is defined in rule 12.
261. Stopping for a yellow bicycle crossing light
(1) The rider of a bicycle approaching or at an intersection, or another place on a road or road-related area, with bicycle crossing lights must comply with this rule.
Penalty: Fine not exceeding 2 penalty units.
Note: Bicycle crossing lights is defined in the dictionary.
(2) If the bicycle crossing lights show a yellow bicycle crossing light and the rider has not already started crossing the intersection or place, the rider must not start to cross until –(a) the bicycle crossing lights change to green; or(b) there is no red or yellow bicycle crossing light showing.
Note 1: Yellow bicycle crossing light includes a flashing yellow bicycle crossing light – see the definition in the dictionary.
Note 2: Green bicycle crossing light and red bicycle crossing light are defined in the dictionary.
Yellow bicycle crossing light
(3) In this rule –road includes any shoulder of the road.
Note: Road-related area is defined in rule 13, and shoulder is defined in rule 12.
15. Rule 265 amended (Wearing of seatbelts by passengers 16 years old, or older)
Rule 265 of the Principal Rules is amended by inserting the following subrules after subrule (3) :(4) Subrule (2)(b) does not apply to a passenger in a bus, minibus, taxi or tow truck who has a child who is less than one year old seated in his or her lap if no suitable approved child restraint is fitted and available for use and if the bus, minibus, taxi or tow truck has 2 or more rows of seats – the passenger is not in the front row of seats.
Note: Approved child restraint is defined in rule 266(7).
(5) Subrule (3) does not apply to the driver of a correctional vehicle or juvenile justice vehicle if either –(a) the vehicle has 2 or more rows of seats and the passenger is not in the front row of seats or there is not a seating position available for the passenger in another row of seats; or(b) the vehicle has a caged, or other secured, area designed for the carriage of passengers and the passenger occupies a seating position in that area.
Note: Correctional vehicle and juvenile justice vehicle are defined in the dictionary.
16. Rule 266 amended (Wearing of seatbelts by passengers under 16 years old)
Rule 266 of the Principal Rules is amended as follows:(a) by omitting paragraph (b) from subrule (2B) and substituting the following paragraph:(b) be placed on a properly positioned approved booster seat and be restrained by either a suitable lap and sash type approved seatbelt that is properly adjusted and fastened, or by a suitable approved child safety harness that is properly adjusted and fastened.(b) by inserting the following subrules after subrule (5A) :(5B) The driver of a public minibus, taxi or tow truck is exempt from subrules (2) and (2A) in relation to a passenger who is under one year old if no suitable approved child restraint is fitted and available for use and the public minibus, taxi or tow truck has 2 or more rows of seats and the passenger is not in the front row of seats and –(a) the passenger under one year old is seated in the lap of a passenger who is 16 years old or older; and(b) in the case of a tow truck, the passenger under one year old is being transported from a location where the vehicle that the passenger was travelling in is being towed by the tow truck where it is necessary to tow the vehicle because the vehicle has broken down or has been involved in a crash.(5C) This rule does not apply to the driver of a correctional vehicle or juvenile justice vehicle.
Note: Correctional vehicle and juvenile justice vehicle are defined in the dictionary.
17. Rule 267 amended (Exemptions from wearing seatbelts)
Rule 267 of the Principal Rules is amended by inserting after subrule (2) the following subrule:(2A) Subrule (2) does not apply to a person who is under 7 years old.
18. Rule 271 amended (Riding on motor bikes)
Rule 271(1) of the Principal Rules is amended by omitting paragraphs (b) and (c) and substituting the following paragraphs:(b) if the motor bike is moving – keep at least one hand on the handlebars; and(c) if the motor bike is moving – keep both feet on the footrests designed for use by the rider of the motor bike, unless the motor bike is moving at less than 10 kilometres per hour and either –(i) the rider is manoeuvring the motor bike in order to park the motor bike; or(ii) the motor bike is decelerating to come to a stop; or(iii) the motor bike is accelerating from being stopped.
19. Rule 288 amended (Driving on a path)
Rule 288 of the Principal Rules is amended by inserting after subrule (5) the following subrule:(5A) This rule does not apply to the rider of a motor bike (with or without a trailer attached) that is a postal vehicle if –(a) the rider gives way to pedestrians and other vehicles and takes reasonable precautions to avoid collision or danger or obstruction to any person or thing on or next to the path; and(b) the rider does not exceed 10 kilometres per hour; and(c) the motor bike has an engine capacity not exceeding 125 cc.
Note: Motor bike and postal vehicle are defined in the dictionary.
20. Rule 289 amended (Driving on a nature strip)
Rule 289 of the Principal Rules is amended by inserting after subrule (2) the following subrule:(3) This rule does not apply to the rider of a motor bike (with or without a trailer attached) that is a postal vehicle if –(a) the rider gives way to pedestrians and other vehicles and takes reasonable precautions to avoid collision or danger or obstruction to any person or thing on or next to the nature strip; and(b) the rider does not exceed 10 kilometres per hour; and(c) the motor bike has an engine capacity not exceeding 125 cc.
Note: Motor bike and postal vehicle are defined in the dictionary.
21. Rule 299 amended (Television receivers and visual display units in motor vehicles)
Rule 299(2) of the Principal Rules is amended by inserting after paragraph (ba) the following paragraph:(bb) the visual display unit is part of a mobile phone that is being used as a driver's aid as permitted by rule 300(1)(ab) ; or
22. Rule 300 amended (Use of mobile phones)
Rule 300(1) of the Principal Rules is amended as follows:(a) by inserting the following paragraph after paragraph (a) :(ab) the phone is being used as a driver's aid and –(i) the body of the phone is secured in a mounting affixed to the vehicle while being so used; and(ii) the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or otherwise to manipulate any part of the body of the phone; or(b) by inserting after the note in paragraph (c) the following:
Example of driver's aids
1. Closed-circuit television security cameras.
2. Dispatch systems.
3. Navigational or intelligent highway and vehicle system equipment.
4. Rearview screens.
5. Ticket-issuing machines.
6. Vehicle monitoring devices.
23. Rule 313 amended (Exemption for postal vehicles)
Rule 313(2) of the Principal Rules is amended as follows:(a) by omitting from paragraph (l) "driveway, &c.);" and substituting "driveway, &c.).";(b) by omitting paragraphs (m) and (n) .
24. Rule 316 amended (When do traffic control devices comply substantially with the Road Rules )
Rule 316 of the Principal Rules is amended by inserting after subrule (3) the following:
Examples
A children's crossing may have a red and white post missing temporarily. The missing post does not prevent the crossing from meeting the description of such a crossing that is set out in rule 80(6).
A freeway may have several freeway signs missing. The missing signs do not prevent the area from still being considered to be a freeway.
25. Rule 368 rescinded
Rule 368 of the Principal Rules is rescinded.
26. Rule 372 rescinded
Rule 372 of the Principal Rules is rescinded.
27. Schedule 5 amended (Dictionary)
Clause 1 of Schedule 5 to the Principal Rules is amended as follows:(a) by inserting the following definition after the definition of alcohol interlock device :angle parking see rule 210 ;(b) by omitting the definition of bicycle and substituting the following definition:bicycle means a vehicle with 2 or more wheels that is built to be propelled by human power through a belt, chain or gears (whether or not it has an auxiliary motor), and –(a) includes a pedicab, penny-farthing and tricycle; and(b) includes a power-assisted pedal cycle within the meaning of vehicle standards determined under the Motor Vehicle Standards Act 1989 of the Commonwealth, as amended from time to time; but(c) does not include a wheelchair, wheeled recreational device, wheeled toy, or any vehicle (other than a vehicle referred to in paragraph (b)) with an auxiliary motor capable of generating a power output over 200 watts (whether or not the motor is operating);
Note 1: Vehicle is defined in rule 15 and wheelchair, wheeled recreational device and wheeled toy are defined in this dictionary.
Note 2: Power-assisted pedal cycle is defined in the Australian Design Rules – Definitions and Vehicle Categories which are vehicle standards determined under section 7 of the Motor Vehicles Standard Act 1989 of the Commonwealth. The definition includes vehicles referred to as pedalecs.
(c) by inserting the following definitions after the definition of continuing road :correctional vehicle means any vehicle driven by a correctional worker who is driving the vehicle in the course of his or her duties as a correctional worker for the purpose of transporting a prisoner or other person in the custody of the worker;
Note: Correctional worker is defined in this dictionary.
correctional worker means a person appointed or employed under section 5 of the Corrections Act 1997 ;(d) by inserting the following definition after the definition of intersection :juvenile justice vehicle means any vehicle driven by a youth justice worker who is driving the vehicle in the course of his or her duties as a youth justice worker for the purpose of transporting a youth or other person in the custody of the worker;
Note: Youth justice worker is defined in this dictionary.
(e) by omitting "is a postal worker for the Rules, or the provision, under another law of this jurisdiction" from the definition of postal worker and substituting "delivers letter mail and parcels within Australia, on behalf of Australia Post";(f) by omitting " Traffic (Compliance and Enforcement) Regulations 2001 " from paragraph (c) of the definition of Road Authority and substituting " Traffic (Compliance and Enforcement) Regulations 2011 ";(g) by omitting the definition of slip lane and substituting the following definition:slip lane means an area of road for vehicles turning left that is separated, at some point, from other parts of the road by a painted island or traffic island, but not by a median strip;
Note: Painted island, median strip and traffic island are defined in this dictionary and vehicle is defined in rule 15.
(h) by omitting " Rail Safety Act 1997 " from the definition of train and substituting " Rail Safety National Law (Tasmania) Act 2012 ";(i) by omitting paragraph (b) from the definition of turning lane and substituting the following paragraphs:(b) a right turn only sign, a right lane must turn right sign or right traffic lane arrows apply; or(c) a U-turn only sign or U-turn traffic lane arrows apply;(j) by inserting the following definition after the definition of U-turn :U-turn traffic lane arrows means traffic lane arrows applying to a marked lane that indicate only a U-turn direction;
Note: U-turn is defined in this dictionary.
(k) by omitting "disc." from the definition of yellow traffic light and substituting "disc;";(l) by inserting the following definition after the definition of yellow traffic light :youth justice worker means a youth justice worker within the meaning of the Youth Justice Act 1997 .
28. Schedule 6 amended (Jurisdictional qualifications)
Schedule 6 to the Principal Rules is amended as follows:(a) by omitting clause 2 from Part 1 and substituting the following clause:2. Rule 179: Stopping in a loading zone(1) For rule 179(1)(c) , the following vehicles are permitted to stop in a loading zone if they are dropping off or picking up goods:(a) a truck, together with any trailer that it may be towing;(b) a vehicle, other than a truck or public bus, that has the name and address of its registered operator permanently displayed by non-magnetic means on the right-hand side of the vehicle in letters that are at least 25 millimetres high and of a contrasting colour to the colour of the vehicle.
Note: Bus, loading zone, public bus, trailer and truck are defined in the dictionary.
(2) For rule 179(1)(c) , a vehicle that is being used in the provision of community transport services is permitted to stop in a loading zone if –(a) the vehicle is dropping off or picking up passengers; and(b) the driver of the vehicle does not leave the vehicle unattended for more than 5 minutes; and(c) the driver completes the dropping off, or picking up, of the passengers, and drives on, as soon as possible.(3) For this rule, a driver leaves a vehicle unattended if the driver leaves the vehicle so the driver is over 3 metres from the closest point of the vehicle.(4) In this rule –community transport service means a transport service provided by –(a) an organisation –(i) that is a not-for-profit organisation; and(ii) that is funded entirely or partially by any of the following or a combination of any of the following:(a) the Commonwealth;(b) the State;(c) a council; or(b) an organisation that is, or is entitled to be, endorsed by the Australian Taxation Office as a charitable or benevolent institution; or(c) a council; or(d) the Crown.(b) by omitting clause 3 from Division 1 of Part 2 and substituting the following clause: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 that employee is participating in rescue and fire fighting services within the meaning of the Air Services Regulations 1995 of the Commonwealth; 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 rule –Airservices Australia means the body established by section 7(1) of the Air Services Act 1995 of the Commonwealth.(c) by omitting clause 5 from Division 1 of Part 2 and substituting the following clause:5. Oversize vehicleA 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 2014 ; 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 .(d) by omitting clause 9 from Division 1 of Part 2 ;(e) by omitting from clause 14(b) of Division 2 of Part 2 "under regulation 42 of the Dangerous Goods (Road and Rail Transport) Regulations 1998 " and substituting "within the meaning of the Dangerous Goods (Road and Rail Transport) Regulations 2010 ";(f) by omitting from clause 1 of Part 3 "bears the Australian Standards Mark" and substituting "is marked in accordance with that Standard";(g) by omitting from clause 2 of Part 3 "bears the Australian Standards Mark" and substituting "is marked in accordance with that Standard";(h) by omitting from clause 4 of Part 3 "bears the Australian Standards Mark" and substituting "is marked in accordance with that Standard".
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 10 December 2014
These rules are administered in the Department of State Growth.
EXPLANATORY NOTE
(This note is not part of the rule)
These rules amend the Road Rules 2009 by –(a) clarifying various give way rules; and(b) adding exceptions to the requirements to –(i) keep off a painted island; and(ii) keep left of a dividing line; and(c) clarifying when crossing a continuous line is permitted outside of times when a lane is a special purpose lane; and(d) addressing technical matters in relation to bicycle lanes; and(e) prohibiting stopping on a traffic island; and(f) amending various rules relating to the wearing of seatbelts, riding on motor bikes, stopping for bicycle crossing lights, and the use of mobile phones; and(g) making other minor miscellaneous amendments; and(h) updating certain legislative references.