Road Amendment Rules 2016

Road Amendment Rules 2016

I, the Administrator 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 .

19 July 2016

SHAN TENNENT

Administrator

By Her Excellency's Command,

M.. T. (RENE) HIDDING

Minister for Infrastructure

1.   Short title

These rules may be cited as the Road Amendment Rules 2016 .

2.   Commencement

These rules take effect on the day on which their making is notified in the Gazette.

3.   Principal Rules

In these rules, the Road Rules 2009 are referred to as the Principal Rules.

4.    Rule 3 substituted

Rule 3 of the Principal Rules is rescinded and the following rule is substituted:

3.   Object of the Road Rules

The objects of the Road Rules are to –

(a) provide road rules in this jurisdiction that are essentially uniform with road rules elsewhere in Australia for all road users; and

(b) specify behaviour for all road users that supports the safe and efficient use of roads in Australia.

5.    Rule 98 amended (One-way signs)

Rule 98(3) of the Principal Rules is amended as follows:

(a) by omitting from paragraph (a) "footpath, nature strip" and substituting "bicycle path, footpath, nature strip, separated footpath";

(b) by omitting from paragraph (b) "footpath, nature strip" and substituting "bicycle path, footpath, nature strip, separated footpath".

6.    Rule 99 amended (Keep left and keep right signs)

Rule 99(3) of the Principal Rules is amended as follows:

(a) by omitting from paragraph (a) "footpath, nature strip" and substituting "bicycle path, footpath, nature strip, separated footpath";

(b) by omitting from paragraph (b) "footpath, nature strip" and substituting "bicycle path, footpath, nature strip, separated footpath".

7.    Rule 163 amended (Driving past the rear of a stopped tram at a tram stop)

Rule 163(5) of the Principal Rules is amended by inserting "or police officer" after "person".

8.    Rule 164 amended (Stopping beside a stopped tram at a tram stop)

Rule 164(5) of the Principal Rules is amended by inserting "or police officer" after "person".

9.    Rule 164A inserted

After rule 164 of the Principal Rules , the following rule is inserted in Division 7:

164A.   Staying stopped if a tram comes from behind a stopped driver and stops

(1)  A driver must comply with this rule if –

(a) the driver is stopped beside a tram stop; and

(b) a tram stops at the tram stop, except at the far left side of the road; and

(c) there is no safety zone, dividing strip or traffic island between the tram and the part of the road where the driver is driving; and

(d) there is no other law of this jurisdiction (other than subrule (4) ) that permits the driver to proceed past the tram.

Penalty: Fine not exceeding 5 penalty units.

Note:Dividing strip, traffic island and tram stop are defined in the dictionary, and safety zone is defined in rule 162 .

(2)  The driver must not proceed if –

(a) one or more of the doors on the side of the tram closest to the driver are open or opening; or

(b) a pedestrian is entering or crossing the road between the tram tracks and the far left side of the road.

(3)  If the tram remains at the tram stop and subrule (2)(a) and (b) do not apply, the driver must not proceed past the tram at a speed greater than 10 kilometres per hour.

(4)  However, subrules (2) and (3) do not apply if the driver is directed to proceed past the tram by an authorised person or police officer.

Note:Authorised person and police officer are defined in the dictionary.

(5)  In this rule –

tram includes a bus travelling along tram tracks.

10.    Rule 179 amended (Stopping in a loading zone)

Rule 179(1) of the Principal Rules is amended by omitting paragraph (b) and substituting the following paragraph:

(b) a truck or service vehicle, together with any trailer that it may be towing, that is dropping off, or picking up, goods in the course of business; or

11.    Rule 245 amended (Riding a bicycle)

Rule 245(a) of the Principal Rules is amended by omitting "sit" and substituting "be".

12.    Rule 250 amended (Riding on a footpath or shared path)

Rule 250 of the Principal Rules is amended by inserting after subrule (1) the following subrules:

(1A)  The rider does not have to comply with subrule (1) if –

(a) the rider is carrying a medical certificate that states a medical practitioner believes the rider should be allowed to ride on the footpath because of a medical condition that the rider has; and

(b) the rider is complying with any conditions stated in the medical certificate; and

(c) no other law of this jurisdiction states that this subrule does not apply.

Note: Medical certificate and medical practitioner are defined in the dictionary.

(1B)  Also, the rider does not have to comply with subrule (1) if –

(a) the rider is with another rider who is riding on the footpath; and

(b) the other rider is –

(i) carrying a medical certificate that states a medical practitioner believes the rider should be allowed to ride on the footpath because of a medical condition that the rider has; or

(ii) a child under 12 years of age.

(1C)  However, the rider is exempt under subrule (1A) or (1B) only if the rider who is carrying the medical certificate immediately produces the medical certificate when an authorised person or police officer asks to see the certificate.

Note: Authorised person, medical certificate, medical practitioner and police officer are defined in the dictionary.

13.    Rule 262A inserted

After rule 262 of the Principal Rules , the following rule is inserted in Part 15:

262A.   Proceeding when bicycle crossing light is green

(1)  The rider of a bicycle who is crossing at an intersection, or another place on a road, with bicycle crossing lights and traffic lights must comply with this rule.

Penalty:  Fine not exceeding 5 penalty units.

Note: Bicycle crossing lights, intersection and traffic lights are defined in the dictionary.

(2)  If the bicycle crossing lights show a green bicycle crossing light, the rider may cross even though the traffic lights show a red traffic light or yellow traffic light.

Note: Bicycle crossing lights, green bicycle crossing light, red traffic light, straight ahead, traffic lights and yellowtraffic light are defined in the dictionary.

14.    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 from subrule (2) "less than" and substituting "under";

(b) by omitting from subrule (2A) "is less than" and substituting "under";

(c) by omitting from subrule (2B) "is less than" and substituting "under";

(d) by omitting paragraph (b) from subrule (2B) and substituting the following paragraphs:

(b) be placed on a properly positioned approved booster seat and be restrained by an approved seatbelt that is properly adjusted and fastened; or

(c) if he or she is seated in a category 2 or category 3 seat as defined in Standards Bulletin VSB 5A –

(i) be restrained by an approved seatbelt, of the lap and sash type, that is properly adjusted and fastened; or

(ii) have the midsection of his or her body restrained by an approved seatbelt, of the lap and sash type, that is properly adjusted and fastened, and have his or her upper body restrained by an approved child safety harness that is properly adjusted and fastened.

Note 1: Approved booster seat and approved child restraint are defined in subrule (7) , approved seatbelt is defined in the dictionary and forward facing is defined in subrule (6A) .

Note 2: See subrule (4D) if a passenger cannot safely be restrained as required by this subrule because of his or her height or weight.

Note 3: In relation to paragraph (b) , subrule (4E) permits an approved child safety harness to be worn instead of the sash part of a lap and sash seatbelt.

Note 4: See rule 372 for special transitional rules.

(e) by inserting the following subrules after subrule (2B) :

(2C)  A passenger does not have to comply with subrules (2) , (2A) and (2B) if –

(a) the driver is carrying a medical certificate that states a medical practitioner believes the passenger should not be restrained in any of the ways described in those subrules because of a medical condition or disability that the passenger has; and

(b) the passenger is properly restrained in a child restraint that has been designed for, and is suitable for use by, the passenger or a person with the same medical condition or disability as the passenger; and

(c) the driver is complying with any conditions stated in the medical certificate; and

(d) no other law of this jurisdiction states that this subrule does not apply.

Note: Medical certificate and medical practitioner are defined in the dictionary.

(2D)  However, the passenger is exempt under subrule (2C) only if the driver immediately produces the medical certificate when an authorised person or police officer asks to see the certificate.

Note: Authorised person and police officer are defined in the dictionary.

(f) by omitting subrule (3A) and substituting the following subrules:

(3A)  A passenger who is 4 years old or older, but under 7 years old, must not be in the front row of a motor vehicle that has 2 or more rows of seats unless in the row or rows behind the front row –

(a) all of the seats are occupied by passengers who are also under 7 years old; or

(b) there is no empty seating position in which the passenger can sit in accordance with this rule.

(3B)  The driver does not have to comply with subrule (3) or (3A) if –

(a) the driver is carrying a medical certificate that states a medical practitioner believes the passenger should be in the front row of the vehicle because of a medical condition that the passenger has; and

(b) the driver is complying with any conditions stated in the medical certificate; and

(c) no other law of this jurisdiction states that this subrule does not apply.

Note: Medical certificate and medical practitioner are defined in the dictionary.

(3C)  However, the driver is exempt under subrule (3B) only if the driver immediately produces the medical certificate when an authorised person or police officer asks to see the certificate.

Note: Authorised person and police officer are defined in the dictionary.

(g) by omitting from subrule (4) "older" and substituting "older,";

(h) by omitting from subrule (5A) "1 year old or older, but less than" and substituting "one year old or older, but under";

(i) by omitting "jurisdiction." from the definition of approved child safety harness in subrule (7) and substituting "jurisdiction;";

(j) by inserting the following definition after the definition of approved child safety harness in subrule (7) :

Standards Bulletin VSB 5A means the National Code of Practice of that name issued by the Australian Government's Administrator of Vehicle Standards and subtitled Commercial Manufacture and Installation of Additional Seats.

15.    Rule 267 amended (Exemptions from wearing seatbelts)

Rule 267 of the Principal Rules is amended as follows:

(a) by omitting from subrule (3)(a) "certificate" second occurring and substituting "medical certificate";

(b) by omitting subrules (3A) and (4) and substituting the following subrules:

(3A)  A person who is in, or on, a motor vehicle is exempt from wearing a seatbelt if –

(a) the person or, if the person is a passenger, the driver of the vehicle, is carrying a medical certificate that states a medical practitioner believes the person should not wear a seatbelt because of a medical condition that the person has; and

(b) the person is complying with any conditions stated in the medical certificate; and

(c) no other law of this jurisdiction states that this subrule does not apply.

Note: Medical certificate and medical practitioner are defined in the dictionary.

(4)  However, a person is exempt under subrule (3) or (3A) only if the person who is carrying the medical certificate immediately produces the medical certificate when an authorised person or police officer asks to see the certificate.

Note: Authorised person and police officer are defined in the dictionary.

16.    Rule 270 amended (Wearing motor bike helmets)

Rule 270 of the Principal Rules is amended by inserting after subrule (1) the following subrule:

(1A)  However, the rider of a motor bike that is moving, or is stationary but not parked, is exempt from wearing an approved motor bike helmet if –

(a) the motor bike's engine is not on; and

(b) the rider is pushing the motor bike; and

(c) in the circumstances, it is safe for the rider not to wear the helmet.

17.    Rule 271 amended (Riding on motor bikes)

Rule 271 of the Principal Rules is amended as follows:

(a) by omitting paragraphs (b) and (c) from subrule (1) and substituting the following paragraph:

(b) ride with at least one hand on the handlebars.

Penalty: Fine not exceeding 10 penalty units.

Note: Motor bike and park are defined in the dictionary.

(b) by inserting the following subrule after subrule (1) :

(1A)  Also, the rider of a motor bike that is moving may –

(a) stand on the motor bike's footrests or footboard designed for the rider's use if –

(i) the rider has both feet on the footrests or footboard; and

(ii) in the circumstances, it is safe for the rider to do so; or

(b) remove a foot from the footrest or footboard designed for the rider's use if –

(i) the rider is sitting on the rider's seat; and

(ii) at least one foot is on a footrest or footboard; and

(iii) in the circumstances, it is safe for the rider to do so.

Note: Motor bike is defined in the dictionary.

18.    Rule 299 amended (Television receivers and visual display units in motor vehicles)

Rule 299(1) of the Principal Rules is amended by omitting "motor".

19.    Rule 300 amended (Use of mobile phones)

Rule 300 of the Principal Rules is amended as follows:

(a) by omitting from subrule (1)(a) "a phone call (other than a text message, video message, email or similar communication)" and substituting "an audio phone call";

(b) by inserting the following definition after the definition of affixed to in subrule (4) :

audio phone call does not include an email, text message, video call, video message or other similar communication;

20.    Schedule 5 amended (Dictionary)

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

(a) by inserting the following definitions after the definition of median strip parking area :

medical certificate means a certificate that –

(a) is signed by a medical practitioner; and

(b) states a date of issue; and

(c) if another law of this jurisdiction does not exempt the medical certificate from displaying an expiry date – states an expiry date that is not more than one year after the date of issue; and

(d) has not expired;

medical practitioner means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the medical profession;

(b) by omitting paragraph (c) from the definition of turning lane and substituting the following paragraph:

(c) a U-turn permitted sign or U-turn traffic lane arrows apply;

Note: Left traffic lane arrows, marked lane, right traffic lane arrows and U-turn traffic lane arrows are defined in this dictionary and vehicle is defined in rule 15 .

21.    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) , 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.

(b) by omitting from clause 1(6) of Division 1 of Part 2 "rule" and substituting "clause";

(c) by omitting from clause 3(1)(a) of Division 1 of Part 2 "that employee is participating in rescue and fire fighting services within the meaning of the Air Services Regulations 1995 of the Commonwealth" and substituting "also a member of the Rescue and Firefighting Service";

(d) by omitting from clause 3(2) of Division 1 of Part 2 "rule" and substituting "clause";

(e) by omitting "Commonwealth." from the definition of Airservices Australia in clause 3(2) of Division 1 of Part 2 and substituting "Commonwealth;";

(f) by inserting the following definition after the definition of Airservices Australia in clause 3(2) of Division 1 of Part 2 :

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

(g) by omitting clause 3 from Part 3 and substituting the following clause:

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 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 27 July 2016

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 incorporating a further round of, nationally agreed, changes to the Australian Road Rules. More specifically, the amendments –

(a) provide that the riders of animals, bicycles and postal vehicles may disregard one-way signs, keep left signs and keep right signs in a wider range of circumstances; and

(b) update provisions relating to drivers who are near stopped trams (being provisions that, though irrelevant to Tasmania, keep the State's Road Rules nationally consistent and inform Tasmanians travelling to jurisdictions that do have trams); and

(c) provide that cyclists are only required to be astride their bicycle seats, not be constantly seated thereon; and

(d) provide that, in certain circumstances, the Australian Road Rules prohibition on teenage and adult cyclists riding on footpaths (not presently upheld in Tasmania) does not apply to cyclists with medical conditions or to their cycling companions, nor does it apply to cyclists who are with cyclists under 12 years old; and

(e) provide that, if faced with a green bicycle crossing light at an intersection or other place on a road, cyclists may proceed against a red or yellow traffic light; and

(f) allow, on conditions, for some flexibility in respect of seatbelt, child restraint and seating position requirements for young children with disabilities and medical conditions; and

(g) make further allowance for young children to travel in the front row of motor vehicles having more than one row of seats; and

(h) provide that vehicle manufacturers' integrated booster seats and cushions are approved forms of booster seating, child harness and child restraint; and

(i) clarify that, in certain circumstances, young children may be transported in category 2 or 3 seats (known as dickie seats) as defined in the Australian Government's Standards Bulletin VSB 5A (these being among the few kinds of seats that may be retrospectively fitted to vehicles); and

(j) provide that, in certain circumstances, persons pushing motor bikes need not wear helmets; and

(k) provide that, in certain circumstances, riders of moving motor bikes are not required to sit astride their seats or keep both feet on the footrests; and

(l) clarify which vehicles may stop in loading zones; and

(m) consequentially insert new definitions; and

(n) make other miscellaneous amendments and effect minor statute law revision.