road safety road rules amendment rules 2015file/15-125sr.docx · web viewocpc-vic, word 2007,...

Road Safety Road Rules Amendment Rules 2015S.R. No. 125/2015

TABLE OF PROVISIONS

Rule Page

1 Objective 12 Authorising provision 23 Principal Rules 24 No trucks signs 25 Making a motor vehicle secure 36 Wearing of helmets and other requirements for users of

scooters 37 Riding on a footpath or shared path 48 Bicycle helmets 49 Riding with a person on a bicycle trailer 510 Wearing of seatbelts by passengers 16 years old, or older 711 Wearing of seatbelts by passengers under 16 years old 812 Exemptions from wearing seatbelts 913 Exemption for oversize vehicles 1114 Traffic control devices applying on school days 1115 Dictionary 11

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Endnotes 13

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STATUTORY RULES 2015

S.R. No. 125/2015

Road Safety Act 1986

Road Safety Road Rules Amendment Rules 2015

The Governor in Council makes the following Rules:

Dated: 27th October 2015

Responsible Minister:

LUKE DONNELLANMinister for Roads and Road Safety

MATTHEW McBEATHClerk of the Executive Council

1 Objective

The objective of these Rules is to amend the Road Safety Road Rules 2009—

(a) to provide for the circumstances in which the Corporation may exempt a driver of a truck from the rule in respect of no trucks signs; and

(b) to provide for certain exemptions from wearing a bicycle helmet; and

(c) to provide for an exemption to the age limit on riding in a bicycle trailer; and

(d) to provide for an exemption in certain circumstances for children under 7 years of age to sit in the front seat of a vehicle; and

(e) to remove the requirement for an escort vehicle to be present for oversize vehicles; and

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(f) to recognise parking permits that are issued in other jurisdictions for people with disabilities; and

(g) to make minor and technical amendments.

2 Authorising provision

These Rules are made under section 95D of the Road Safety Act 1986.

3 Principal Rules

In these Rules, the Road Safety Road Rules 20091 are called the Principal Rules.

4 No trucks signs

(1) In rule 104(3) of the Principal Rules, for "subrule (4) or (5)" substitute "subrule (4), (5) or (6)".

(2) Before the note at the foot of rule 104 of the Principal Rules insert—

"(6) The driver of a truck may drive past a no trucks sign if—

(a) the Corporation has granted an exemption under subrule (7) to the driver or the truck or in respect of the geographic area from the application of this rule; and

(b) the driver is carrying written evidence of that exemption and produces that evidence to a police officer or authorised person when asked to do so.

(7) The Corporation may by notice in writing exempt from this rule, subject to any conditions the Corporation thinks fit—

(a) a driver or a class of drivers; or


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(b) a truck or a class of trucks; or

(c) a specified geographic area.".

5 Making a motor vehicle secure

(1) For rule 213(7) of the Principal Rules substitute—

"(7) Subrules (3), (4) and (5) do not apply to—

(a) the driver of a vehicle who is engaged in the collection of waste or garbage, and is required to get in or out of the vehicle, or on or off the vehicle, at frequent intervals; or

(b) the driver of a cash-in-transit vehicle while on duty; or

(c) the driver of a vehicle acting in accordance with an exemption from the application of those subrules granted by the Corporation under subrule (8).

Note

Cash-in-transit vehicle means a vehicle collecting, transferring or delivering cash or other valuables which is being driven by a person who is a security guard licensed under the Private Security Act 2004 to perform cash-in-transit activities.".

(2) In rule 213(8) of the Principal Rules omit "or the Regulator" (where twice occurring).

6 Wearing of helmets and other requirements for users of scooters

(1) For rule 244B(1) of the Principal Rules substitute—

"(1) A person who is travelling on a scooter on a road or road related area must wear an approved bicycle helmet securely fitted and fastened on the person's head, unless—


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(a) the Corporation has issued a certificate to the person under subrule (2) and the person complies with subrule (3); or

(b) the person is exempt from this rule under subrule (3A).

Penalty: 5 penalty units.Note

Approved bicycle helmet is defined in the dictionary.".

(2) After rule 244B(3) of the Principal Rules insert—

"(3A) A person is exempt from wearing a bicycle helmet under subrule (1) if—

(a) the person is a member of a religious group; and

(b) the person is wearing a type of headdress customarily worn by members of that group; and

(c) the wearing of the headdress makes it impractical for the person to wear a bicycle helmet.".

7 Riding on a footpath or shared path

In rule 250(1A) of the Principal Rules—

(a) in paragraph (b)(ii), for "physical or intellectual disability" substitute "disability or medical condition";

(b) in paragraph (b)(iv), after "disability" insert "or medical condition".

8 Bicycle helmets



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"(1) The rider of a bicycle must wear an approved bicycle helmet securely fitted and fastened on the rider's head unless—

(a) the Corporation has issued a certificate to the rider under subrule (4) and the rider complies with subrule (5); or

(b) the rider is exempt from this rule under subrule (6).

Penalty: 5 penalty units.Note

Approved bicycle helmet is defined in the dictionary.".

(2) In rule 256(2) of the Principal Rules—

(a) in paragraph (b), for "subrule (5)." substitute "subrule (5); or";

(b) after paragraph (b) insert—

"(c) the passenger is exempt from this rule under subrule (6).".

(3) After rule 256(5) of the Principal Rules insert—

"(6) A person is exempt from wearing a bicycle helmet under subrule (1) or (2) if—




9 Riding with a person on a bicycle trailer

(1) In rule 257(1)(b) of the Principal Rules, for "over 10 years of age and is exempt from this


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subrule" substitute "10 years old or older and is exempt from this subrule under subrule (4)".

(2) For rule 257(1)(d) of the Principal Rules substitute—

"(d) the person in or on the bicycle trailer is wearing an approved bicycle helmet securely fitted and fastened on the person's head, unless—

(i) the Corporation has issued a certificate to the person under subrule (3) and the rider complies with subrule (3A); or

(ii) the person is exempt from this rule under subrule (3B).".


"(3) The Corporation may issue a certificate stating that it would be impractical, undesirable or inexpedient that the person named in the certificate wear a bicycle helmet while in or on a bicycle trailer.

(3A) A certificate issued under subrule (3) must be—

(a) carried by the rider of the bicycle while the person is in or on the bicycle trailer; and

(b) produced by the rider to a police officer or authorised person when requested to do so.

(3B) A person in or on a bicycle trailer is exempt from the requirement to wear an approved bicycle helmet under subrule (1)(d) if—



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"(4) A person in or on a bicycle trailer who is 10 years old or older is exempt from subrule (1)(b) if—

(a) the person has a certificate signed by a registered medical practitioner; and

(b) the certificate states that the person has a disability or medical condition which makes it desirable, practicable or expedient for the person to continue to ride in or on a bicycle trailer; and

(c) the person or the rider of the bicycle complies with the conditions (if any) stated on the certificate; and

(d) in the case that a person has a disability or medical condition that is of a temporary nature, the certificate contains an expiry date and has not expired; and

(e) the person or the rider of the bicycle is carrying the certificate; and

(f) the person or the rider of the bicycle produces the certificate when requested to do so by a police officer or authorised person.".

10 Wearing of seatbelts by passengers 16 years old, or older


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In the note to rule 265(4) of the Principal Rules, for "rule 266(7)" substitute "the dictionary".

11 Wearing of seatbelts by passengers under 16 years old

(1) In note 1 to rule 266(2) of the Principal Rules, for "subrule (7)" substitute "the dictionary".

(2) In note 1 to rule 266(2A) of the Principal Rules, for "subrule (7)" substitute "the dictionary".

(3) In note 1 to rule 266(2B), for "Approved booster seat, approved child restraint and approved child safety harness are defined in subrule (7)" substitute "Approved booster seat and approved child restraint are defined in the dictionary, approved child safety harness is defined in subrule (7)".

(4) After rule 266(4A) of the Principal Rules insert—

"(4AB) Subrules (3) and (3A) do not apply if the passenger is exempt from the front seat position restrictions under rule 267(3C).".

(5) In note 1 to rule 266(5) of the Principal Rules, for "Approved child restraint and approved booster seat are defined in subrule (7) and public minibus" substitute "Approved booster seat, approved child restraint, public minibus".

(6) In note 1 to rule 266(5AA) of the Principal Rules, for "Approved child restraint and approved booster seat are defined in subrule (7) and tow truck is" substitute "Approved booster seat, approved child restraint and tow truck are".

(7) In rule 266(7) of the Principal Rules, the following definitions are revoked—

(a) approved booster seat;

(b) approved child restraint.


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12 Exemptions from wearing seatbelts

(1) In the heading to rule 267 of the Principal Rules, after "seatbelts" insert "or sitting in child restraints or booster seats".

(2) In rule 267(3A) of the Principal Rules, for "seatbelt" (where firstly occurring) substitute "seatbelt or being restrained in an approved child restraint or being placed in an approved booster seat".

(3) In rule 267(3A) of the Principal Rules, for "seatbelt" (where secondly occurring) substitute "seatbelt or be restrained in an approved child restraint or be placed in an approved booster seat".

(4) In rule 267(3A) of the Principal Rules—

(a) in paragraph (a), for "medical unfitness or physical disability" substitute "a disability or medical condition";

(b) for paragraph (b) substitute—

"(b) the certificate—

(i) is signed by a registered medical practitioner; and

(ii) contains an expiry date and has not expired; and".

(5) At the foot of rule 267(3A) of the Principal Rules insert—"Note

Approved booster seat and approved child restraint are defined in the dictionary.".

(6) After rule 267(3A) of the Principal Rules insert—


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"(3B) A person who is less than 7 years old and who is exempt from being restrained in an approved child restraint or being placed in an approved booster seat under subrule (3A)—

(a) must occupy a 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 this rule); and

(c) must wear the approved seatbelt properly adjusted and fastened; and

(d) must not occupy a seating position in the front row unless also exempt under subrule (3C).

Note

Approved booster seat, approved child restraint and approved seatbelt are defined in the dictionary.

(3C) A person who is less than 7 years old and who is a passenger in a vehicle is exempt from the front row restrictions set out in rule 266(3) and (3A) if—

(a) a registered medical practitioner has issued a certificate stating that, because of a disability or medical condition, the person should be permitted to travel in the front row of a motor vehicle; and

(b) the certificate—

(i) is signed by a registered medical practitioner; and

(ii) contains an expiry date and has not expired; and


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(c) the conditions stated in the certificate (if any) and those imposed under subrule (4) are complied with.".

(7) In rule 267(4) of the Principal Rules, for "(3) or (3A)(a)" substitute "(3), (3A)(a) or (3C)(a)".

(8) At the foot of rule 267(8) of the Principal Rules insert—"Note

Approved child restraint is defined in the dictionary.".

13 Exemption for oversize vehicles

For rule 311(1)(c) of the Principal Rules substitute—

"(c) the driver is complying with any other relevant law relating to oversize vehicles, including the conditions of any permit or notice issued by the Corporation or the Regulator in relation to the oversize vehicle.".

14 Traffic control devices applying on school days

In rule 317A(3) of the Principal Rules, for "that falls within a period declared by the Corporation, by notice in the Government Gazette, to be a school days period for the purposes of this rule" substitute "determined by the Minister administering the Education and Training Reform Act 2006 under regulation 10 of the Education and Training Reform Regulations 2007 to be a day on which a Government school is to be open for attendance by students".

15 Dictionary

(1) In the dictionary to the Principal Rules—


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(a) in the definition of authorised person, for "Department of Transport, Planning and Local Infrastructure" (where twice occurring) substitute "Department of Economic Development, Jobs, Transport and Resources";

(b) in the definition of emergency vehicle, for "Department of Environment and Primary Industries" substitute "Department of Environment, Land, Water and Planning";

(c) in the definition of enforcement vehicle, for "Department of Transport, Planning and Local Infrastructure" substitute "Department of Economic Development, Jobs, Transport and Resources";

(d) in the definition of parking permit for people with disabilities, for "State or a Territory" substitute "jurisdiction";

(e) in the definition of public bus, for "Department of Education and Early Childhood Development" substitute "Department of Education and Training".

(2) In the dictionary to the Principal Rules, for the definition of approved child restraint substitute—

"approved booster seat means a child restraint that is approved, for the purposes of these Rules, by the Corporation under rule 407(a);

approved child restraint means a child restraint that is approved, for the purposes of these Rules, by the Corporation under rule 407(b);".═══════════════


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Endnotes

Endnotes


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1 Rule 3: S.R. No. 94/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 88/2013. Subsequently amended by S.R. Nos 134/2013, 151/2013, 68/2014, 132/2014, 146/2014 and 86/2015.

road safety road rules amendment rules 2015file/15-125sr.docx · web viewocpc-vic, word 2007,...

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