Road Amendment Rules 2022

Road Amendment Rules 2022

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 rules under the Traffic Act 1925 .

5 July 2022

B. BAKER

Governor

By Her Excellency's Command,

MICHAEL DARREL JOSEPH FERGUSON

Minister for Infrastructure and Transport

1.   Short title

These rules may be cited as the Road Amendment Rules 2022 .

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 2019 are referred to as the Principal Rules.

4.    Rule 28 amended (Starting a left turn from a multi-lane road)

Rule 28(1) of the Principal Rules is amended as follows:

(a) by omitting from paragraph (c) "driver." and substituting "driver; or";

(b) by inserting the following paragraph after paragraph (c) :

(d) the lane is a bus only lane.

(c) by omitting from note 1 "and left lane is defined in subrule (3)" and substituting "left lane is defined in subrule (3) and bus only lane is defined in rule 154A".

5.    Rule 32 amended (Starting a right turn from a multi-lane road)

Rule 32(1) of the Principal Rules is amended as follows:

(a) by omitting from paragraph (c) "driver." and substituting "driver; or";

(b) by inserting the following paragraph after paragraph (c) :

(d) the lane is a bus only lane.

(c) by omitting from note 1 "and right lane is defined in subrule (3)" and substituting "right lane is defined in subrule (3) and bus only lane is defined in rule 154A".

6.    Rule 38 substituted

Rule 38 of the Principal Rules is rescinded and the following rule is substituted:

38.   Giving way when making a U-turn

(1)  A driver making a U-turn must give way to all vehicles and pedestrians.

Penalty:  Fine not exceeding 10 penalty units.

Note For this rule, give way means the driver must slow down and, if necessary, stop to avoid a collision – see the definition in the dictionary.

(2)  Despite subrule (1), a driver does not have to give way to a driver entering the road from a road-related area or adjacent land.

Note Adjacent land is defined in the dictionary and road-related area is defined in rule 13.

(3)  In this rule –

road does not include a road-related area.

Note A road-related area includes any shoulder of a road – see rule 13.

7.    Rules 43 and 43A inserted

After rule 42 of the Principal Rules , the following rules are inserted in Division 4:

43.   Making a U-turn at certain crossings

A driver must not make a U-turn at any of the following crossings, with or without traffic lights, unless there is a U-turn permitted sign at the crossing:

(a) children’s crossing;

(b) level crossing;

(c) marked foot crossing;

(d) pedestrian crossing.

Penalty:  Fine not exceeding 5 penalty units.

Note Children’s crossing is defined in rule 80, level crossing is defined in rule 120, pedestrian crossing is defined in rule 81 and marked foot crossing and traffic lights are defined in the dictionary.

43A.   Making a U-turn on a road-related area with traffic lights

A driver must not make a U-turn at a place with traffic lights where a road and road-related area intersect unless there is a U-turn permitted sign at the place.

Penalty:  Fine not exceeding 5 penalty units.

Note 1 Road includes a road-related area - see rule 11 (2).

Note 2 Traffic lights is defined in the dictionary and road-related area is defined in rule 13.

8.    Rule 44 amended (Division does not apply to entering or leaving a roundabout, lane filtering or repositioning)

Rule 44 of the Principal Rules is amended as follows:

(a) by omitting from paragraph (b) "rule 151A." and substituting "rule 151A; or";

(b) by inserting the following paragraph after paragraph (b) :

(c) the rider of a motor bike while repositioning the motorbike within the same lane in order to avoid a hazard or reduce the risk of a crash.

9.    Rule 74 amended (Giving way when entering a road from a road-related area or adjacent land)

Rule 74(1) of the Principal Rules is amended by inserting after paragraph (a) the following paragraph:

(aa) a driver making a U-turn on the road; and

10.    Rule 154 amended (Bus lanes)

The definition of bus lane road marking in rule 154(3) of the Principal Rules is amended as follows:

(a) by omitting from paragraph (b) "'bus lane'; or" and substituting "‘bus lane’.";

(b) by omitting paragraph (c) .

11.    Rule 154A inserted

After rule 154 of the Principal Rules , the following rule is inserted in Division 6:

154A.   Bus only lanes

(1)  A driver (except the driver of a public bus) must not drive in a bus only lane, unless the driver is permitted to drive in the bus only lane under subrule (2).

Penalty:  Fine not exceeding 5 penalty units.

Note Bus and public bus are defined in the dictionary and bus only lane is defined in subrule (6).

(2)  A driver may drive in a bus only lane if –

(a) it is necessary for the driver to drive in the bus only lane to avoid an obstruction; and

(b) the driver does not obstruct the path of a public bus travelling in the bus only lane; and

(c) where the driver is approaching the bus only lane from the same direction as a vehicle in a bus only lane – the driver approaches the bus only lane from the lane nearest to the bus only lane; and

(d) the driver gives way to any vehicles driving in the bus only lane.

(3)  A driver must not drive across a bus only lane, unless the driver is permitted to drive across the bus only lane under subrule (4).

Penalty:  Fine not exceeding 5 penalty units.

(4)  A driver may drive across a bus only lane only if –

(a) the driver is driving across the bus only lane to –

(i) enter or leave a road; or

(ii) 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, the shoulder of the road or an emergency stopping lane); and

(b) where the driver is approaching the bus only lane from the same direction as a vehicle in a bus only lane – the driver approaches the bus only lane from the lane nearest to the bus only lane; and

(c) the driver gives way to any vehicles driving in the bus only lane.

(5)  A driver turning at an intersection immediately after a bus only lane must –

(a) if the driver is approaching the bus only lane from the same direction as a vehicle in a bus only lane – approach the bus only lane from the lane nearest to the bus only lane; and

(b) give way to any vehicles driving in the bus only lane.

Penalty:  Fine not exceeding 5 penalty units.

(6)  A bus only lane is a marked lane or the part of a marked lane –

(a) beginning at a bus only lane sign (whether or not there is also a bus only lane road marking) and ending at the nearest of the following:

(i) an end bus only lane sign;

(ii) a traffic sign that indicates the beginning of a special purpose lane;

(iii) a traffic sign that indicates drivers of vehicles may drive in the lane beyond the sign;

(iv) an intersection with traffic lights or traffic arrows; or

(b) beginning at a bus only lane road marking (if there is no bus only lane sign) and ending at the next intersection; or

(c) that is marked with a continuous line starting at the beginning of a bus only lane road marking and ending at an end bus only lane road marking.

Note Bus only lane road marking, marked lane, special purpose lane and traffic sign are defined in the dictionary.

Bus only lane sign

End bus only lane sign

12.    Rule 174 amended (Stopping at or near a bicycle crossing (except at an intersection))

Rule 174 of the Principal Rules is amended as follows:

(a) by omitting subrule (1) ;

(b) by inserting in subrule (2) "on a bicycle crossing or" after "not stop";

(c) by omitting from subrule (2) "the place" and substituting "the bicycle crossing";

(d) by omitting note 1 from subrule (2) ;

(e) by omitting note 2 from subrule (2) and substituting the following note:

Note 2 A driver stops within a particular distance from traffic lights if the driver stops so any part of the driver’s vehicle is within that distance – see rule 350(2).

(f) by inserting the following definition before the definition of road in subrule (4) :

bicycle crossing means an area of road –

(a) with bicycle crossing lights facing bicycle riders crossing the road; and

(b) with traffic lights facing traffic travelling on the road; and

(c) that is not at an intersection.

13.    Rule 187 amended (Stopping in a bicycle lane, bus lane, bus only lane, tram lane, tramway, transit lane, truck lane or on tram tracks)

Rule 187 of the Principal Rules is amended by inserting after subrule (3) the following subrule:

(4)  A driver must not stop in a bus only lane unless the driver –

(a) is driving a public bus and is dropping off, or picking up, passengers; and

(b) is permitted to drive in the bus only lane under these rules or another law of this jurisdiction.

Penalty:  Fine not exceeding 2 penalty units.

Note Public bus is defined in the dictionary and bus only lane is defined in rule 154A.

14.    Rules 203B and 203C inserted

After rule 203A of the Principal Rules , the following rules are inserted in Division 6:

203B.   Stopping in a parking area for electric-powered vehicles

(1)  A driver of a vehicle that is not an electric-powered vehicle must not stop in a parking area for electric-powered vehicles.

Penalty:  Fine not exceeding 2 penalty units.

(2)  A parking area for electric-powered vehicles is a length or area of a road –

(a) to which a permissive parking sign displaying an electric-powered vehicle symbol applies; or

(b) to which an electric-powered vehicle parking sign applies; or

(c) indicated by a road marking that consists of, or includes, an electric-powered vehicle symbol.

Note Road marking is defined in the dictionary.

(3)  An electric-powered vehicle means a vehicle that –

(a) is powered by 1 or more electric motors or traction motors, regardless of whether the vehicle is also powered by another form of propulsion; and

(b) can be recharged from an external source of electricity.

Electric-powered vehicle symbol

203C.   Stopping in a parking area for the charging of electric-powered vehicles

(1)  A driver must not stop in a parking area for the charging of electric-powered vehicles unless –

(a) the driver’s vehicle is an electric-powered vehicle; and

(b) the electric-powered vehicle is plugged in to an external source of electricity.

Penalty:  Fine not exceeding 2 penalty units.

Note Electric-powered vehicle is defined in rule 203B.

(2)  A parking area for the charging of an electric-powered vehicle is a length or area of a road –

(a) to which a permissive parking sign displaying an electric-powered vehicle charging symbol applies; or

(b) to which an electric-powered vehicle charging parking sign applies; or

(c) indicated by a road marking that consists of, or includes, an electric-powered vehicle charging symbol.

Note Road marking is defined in the dictionary.

Electric-powered vehicle charging symbol

15.    Rule 207 amended (Parking where fees are payable)

Rule 207 of the Principal Rules is amended as follows:

(a) by omitting from subrule (1) "by buying a ticket or putting money into a parking meter";

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

(b) obey instructions (if any) –

(i) on or with the sign or a meter, ticket or ticket-vending machine; and

(ii) in a mobile app or other electronic method used for the payment of fees under this rule, being an app or method indicated on or with the sign or a meter, ticket or ticket-vending machine.

16.    Rule 233 amended (Crossing a road to or from a tram)

Note 2 to rule 233(5) of the Principal Rules is amended by omitting "164" and substituting "164A".

17.    Rule 261 amended (Stopping for a yellow bicycle crossing light)

The note to rule 261(1) of the Principal Rules is amended by omitting "is defined" and substituting "and intersection are defined".

18.    Rule 264 substituted

Rule 264 of the Principal Rules is rescinded and the following rule is substituted:

264.   Wearing of seatbelts by drivers

The driver of a motor vehicle that is moving, or is stationary but not parked –

(a) must occupy a driver’s seating position that is fitted with an approved seatbelt; and

(b) must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seatbelt under rule 267); and

(c) must wear the seatbelt properly adjusted and fastened, unless the driver is reversing the vehicle or exempt from wearing a seatbelt under rule 267.

Penalty:  Fine not exceeding 10 penalty units.

Note Driver is defined in rule 16, and approved seatbelt, motor vehicle and park are defined in the dictionary.

Note 2 Rule 267 provides exemptions from wearing seatbelts.

19.    Rule 270 amended (Wearing motor bike helmets)

Paragraph (a) of the definition of approved motor bike helmet in rule 270(3) of the Principal Rules is amended as follows:

(a) by omitting from subparagraph (iii) "(the UN standard); and" and substituting "; or";

(b) by inserting the following subparagraph after subparagraph (iii) :

(iv) the United Nations Economic Commission for Europe standard 22.06; and

20.    Rule 271 amended (Riding on motor bikes and quad bikes)

Rule 271(1A) of the Principal Rules is amended as follows:

(a) by omitting from paragraph (b)(iii) "so." and substituting "so; or";

(b) by inserting the following paragraph after paragraph (b) :

(c) remove both feet from the footrests or footboard designed for the rider’s use if the motor bike, or quad bike, is moving at less than 10 kilometres per hour and –

(i) the rider is manoeuvring the motor bike, or quad bike, in order to park the motor bike, or quad bike; or

(ii) the motor bike, or quad bike, is decelerating to come to a stop; or

(iii) the motor bike, or quad bike, is accelerating from being stopped.

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

Rule 299 of the Principal Rules is amended by inserting after subrule (3) the following subrule:

(4)  For the purpose of this rule, a vehicle may be parked even though –

(a) the key to the vehicle is located in the vehicle’s ignition lock; or

(b) the engine of the vehicle is running.

22.    Rule 300 amended (Use of mobile phones)

Rule 300 of the Principal Rules is amended by inserting after subrule (3) the following subrule:

(3A)  For the purpose of this rule, a vehicle may be parked even though –

(a) the key to the vehicle is located in the vehicle’s ignition lock; or

(b) the engine of the vehicle is running.

23.    Rule 300A inserted

After rule 300 of the Principal Rules , the following rule is inserted in Division 1:

300A.   Interfering with or interrupting funeral procession

A driver must not interfere with, or interrupt, the free passage along any length of road of –

(a) any funeral procession; or

(b) any vehicle or person apparently forming part of the procession.

Penalty:  Fine not exceeding 2 penalty units.

24.    Schedule 2 amended (Standard or commonly used traffic signs)

Schedule 2 to the Principal Rules is amended as follows:

(a) by inserting the following traffic sign after the eighth traffic sign :

Bus only lane sign (rule 154A)

(b) by inserting the following traffic signs after the 15th traffic sign :

Electric-powered vehicle charging symbol (rule 203C)

Electric-powered vehicle symbol (rule 203B)

(c) by inserting the following traffic sign after the 21st traffic sign :

End bus only lane sign (rule 154A)

25.    Schedule 3 amended (Other permitted traffic signs)

Schedule 3 to the Principal Rules is amended as follows:

(a) by omitting the 10th , 11th , 12th , 13th , 14th , 15th , 16th , 17th and 18th traffic signs and substituting the following traffic signs:

Bus lane sign (rule 154)

Bus lane sign (rule 154)

Bus lane sign (rule 154)

Bus lane sign (rule 154)

Bus lane sign (rule 154)

(b) by inserting the following traffic signs after the 16th traffic sign :

Bus only lane sign (rule 154A)

Bus only lane sign (rule 154A)

Bus only lane sign (rule 154A)

(c) by omitting the 29th , 30th , 31st and 32nd traffic signs and substituting the following traffic signs:

End bus lane sign (rule 154)

End bus only lane sign (rule 154A)

End bus only lane sign (rule 154A)

End bus only lane sign (rule 154A)

26.    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 bus lane :

bus only lane see rule 154A;

bus only lane road marking means a road marking consisting of the words ‘bus only’;

Note	Road marking is defined in this dictionary.

(b) by inserting the following definition after the definition of edge line :

electric-powered vehicle see rule 203B;

(c) by inserting the following definition after the definition of emergency worker :

end bus only lane road marking means a road marking consisting of the words ‘end bus only’;

Note	Road marking is defined in this dictionary.

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

Notified in the Gazette on 13 July 2022

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 2019 by inserting provisions to implement certain changes to the Australian Road Rules model law.