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Road Safety Road Rules Amendment Rules 2014S.R. No. 146/2014

TABLE OF PROVISIONS

Rule Page

1 Objective 12 Authorising provision 23 Commencement 24 Principal Rules 25 Giving way at a give way sign at a bridge or length of narrow

road 26 Entering blocked crossings 37 Exceptions to keeping to the left of a dividing line 38 Keeping off a painted island 49 Moving from one marked lane to another marked lane across a

continuous line separating the lanes 410 Bicycle lanes 511 Stopping in a loading zone 512 Stopping in a bus lane, tram lane, tramway, transit lane, truck

lane or on tram tracks 613 Stopping on a traffic island 614 Using hazard warning lights 615 Using warning lights on buses carrying children 716 Using portable warning triangles 717 Pedestrians travelling along a road (except in or on a wheeled

recreational device or toy) 718 Riding on a footpath or shared path 719 Stopping for a red bicycle crossing light 820 Stopping for a yellow bicycle crossing light 921 Wearing of seatbelts by passengers 16 years old or older 1022 Wearing of seatbelts by passengers under 16 years old 1123 Exemptions from wearing seatbelts 1324 How persons must travel in or on a motor vehicle 1325 Riding on motor bikes and motor cycles 1326 Driving on a path 1427 Driving on a nature strip—postal vehicle exemption 1528 Television receivers and visual display units in motor vehicles 1629 Use of mobile phones 1630 Exemption for postal vehicles 17

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31 When do traffic control devices comply substantially with these Rules 17

32 Dictionary 18═══════════════

ENDNOTES 22

STATUTORY RULES 2014

S.R. No. 146/2014

Road Safety Act 1986

Road Safety Road Rules Amendment Rules 2014

The Governor in Council makes the following Regulations:

Dated: 23 September 2014

Responsible Minister:

TERRY MULDERMinister for Roads

YVETTE CARISBROOKEClerk of the Executive Council

1 Objective

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

(a) to clarify give way rules;

(b) to further provide for—

(i) exceptions to keeping to the left of a dividing line where there are 2 parallel broken dividing lines; and

(ii) exceptions to the requirement to keep to the left of a dividing line when parking in angle parking on the opposite side of the road; and

(iii) exceptions to the requirement to keep off a painted island; and

(iv) when crossing a continuous lane line is permitted outside of times when a lane is a special purpose lane; and

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(v) the meaning of a bicycle lane; and

(vi) prohibiting stopping on a traffic island; and

(vii) the use of portable warning triangles; and

(viii) the wearing of seatbelts; and

(ix) the riding of motor bikes; and

(x) the use of mobile phones and drivers aids co-located on mobile phones; and

(c) to create new offences; and

(d) to make minor and technical amendments.

2 Authorising provision

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

3 Commencement

(1) These Rules, except rule 29, come into operation on the day after the day on which they are made.

(2) Rule 29 comes into operation on 1 October 2014.

4 Principal Rules

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

5 Giving way at a give way sign at a bridge or length of narrow road

In rule 70 of the Principal Rules, after "on" insert ", or approaching,".

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6 Entering blocked crossings

After rule 128A(2) of the Principal Rules insert—

"(3) Subrule (2) applies despite anything to the contrary in rule 171 (Stopping on or near a children's crossing) or rule 172 (Stopping on or near a pedestrian crossing (except at an intersection)).

(4) However, subrule (3) is not intended to permit a driver to park a vehicle contrary to rule 171 or 172.".

7 Exceptions to keeping to the left of a dividing line

(1) In rule 134(2) of the Principal Rules, after "single continuous dividing line" insert ", or 2 parallel broken dividing lines".

(2) In rule 134(3) of the Principal Rules—

(a) after "single continuous dividing line" insert ", or 2 parallel broken dividing lines";

(b) in paragraph (b), for "stopping lane)." substitute "stopping lane); or";

(c) after paragraph (b) insert—

"(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.";

(d) for the Note substitute—"Notes

1 Angle parking, overtake, parking area and U-turn are defined in the dictionary.

2 Emergency stopping lane is defined in rule 95, and service road is defined in the dictionary.".

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8 Keeping off a painted island

In rule 138(2) of the Principal Rules—

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

(b) after paragraph (b) insert—

"(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.";

(c) for Note 1 substitute—"1 Angle parking, parking area, service road,

turning lane and U-turn are defined in the dictionary and emergency stopping lane is defined in rule 95.".

9 Moving from one marked lane to another marked lane across a continuous line separating the lanes

In rule 147 of the Principal Rules—

(a) in paragraph (d), for "lane." substitute "lane; or";

(b) after paragraph (d) insert—

"(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

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(ii) is permitted to drive in that lane outside of the times during which it is a special purpose lane under these Rules.".

10 Bicycle lanes


(a) in paragraph (a), after "the lane" insert ", or a road marking comprising both a white bicycle symbol and the word 'lane' painted in white";

(b) in paragraph (b)(i), after "the lane" insert ", or a road marking comprising both a white bicycle symbol and the words 'end lane' painted in white".

11 Stopping in a loading zone


(a) for paragraph (e) substitute—

"(e) a vehicle that is dropping off, or picking up, goods which is constructed principally for carrying loads, and is not a sedan, station wagon or motor bike that—

(i) has displayed on it a registration label or other identifying label or mark issued or approved by the Corporation or the Regulator indicating that in the opinion of the Corporation or the Regulator the vehicle is constructed principally for carrying loads; or

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(ii) the register indicates is constructed principally for carrying loads; or"

(b) in the Note for "Bus and motor vehicle" substitute "Bus, motor vehicle and the register".

12 Stopping in a bus lane, tram lane, tramway, transit lane, truck lane or on tram tracks

In the Notes to rule 187(2) of the Principal Rules—

(a) in Note 1 for "Bicycle lane is defined in rule 153, bus lane" substitute "Bus lane";

(b) in Note 3 omit "bicycle lanes,".

13 Stopping on a traffic island

(1) In the heading to rule 197 of the Principal Rules for "or nature strip" substitute ", nature strip, painted island or traffic island".

(2) After the Notes to rule 197(1A) of the Principal Rules insert—

"(1B) A driver must not stop on a traffic island.

Penalty: 3 penalty units.

Note

Traffic island is defined in the dictionary.".

14 Using hazard warning lights

In rule 221(f) of the Principal Rules for "regulation 31(5) of the Transport (Passenger Vehicles) Regulations 2005" substitute "regulation 7 of the Bus Safety Regulations 2010".

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15 Using warning lights on buses carrying children

In the Note to rule 222 of the Principal Rules for "regulation 31(5)(a) of the Transport (Passenger Vehicles) Regulations 2005" substitute"regulation 7(3) of the Bus Safety Regulations 2010".

16 Using portable warning triangles

At the foot of rule 227(3) of the Principal Rules after the penalty insert—"Note

See rule 220 for the requirement to operate certain lights on vehicles that are stopped.".

17 Pedestrians travelling along a road (except in or on a wheeled recreational device or toy)

After rule 238(2) of the Principal Rules insert—

"(2A) This rule does not apply to a pedestrian in a shared zone.Note

Shared zone is defined in the dictionary.".

18 Riding on a footpath or shared path

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

(a) in paragraph (b)(vi) for "person." substitute "person; or";

(b) after paragraph (b) insert—

"(c) the rider of the bicycle is a postal worker who is riding the bicycle in the course of his or her duties as a postal worker.".

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19 Stopping for a red bicycle crossing light

(1) For rule 260(1) and the Note, of the Principal Rules substitute—

"(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: 10 penalty units

Note

Bicycle crossing lights is defined in the dictionary.".

(2) For rule 260(2) and the Note, excluding the Example, of the Principal Rules substitute—

"(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.

Notes

1 Red bicycle crossing light includes a flashing red bicycle crossing light—see the definition in the dictionary.

2 Green bicycle crossing light and yellow bicycle crossing light are defined in the dictionary.".

(3) After the Example to rule 260(2) of the Principal Rules insert—

"(3) In this rule—

road includes any shoulder of the road.Note

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Road related area is defined in rule 13, and shoulder is defined in rule 12.".

20 Stopping for a yellow bicycle crossing light

(1) For rule 261(1) and the Note, of the Principal Rules substitute—

"(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: 10 penalty units.Note

Bicycle crossing lights is defined in the dictionary.".

(2) For rule 261(2) of the Principal Rules substitute—

"(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.".

(3) Rule 261(3) of the Principal Rules, excluding the Note, is revoked.

(4) In the Note to rule 261(3) of the Principal Rules, for "Green bicycle crossing light and red bicycle crossing light are defined in the dictionary." substitute—"1 Yellow bicycle crossing light includes a flashing

yellow bicycle crossing light—see the definition in the dictionary.

2 Green bicycle crossing light and red bicycle crossing light are defined in the dictionary.".

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(5) In the heading to the Note to rule 261(3) of the Principal Rules for "Note" substitute "Notes".

(6) At the end of rule 261 of the Principal Rules insert—

"(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.".

21 Wearing of seatbelts by passengers 16 years old or older

(1) For the Note at the foot of rule 265(2)(a) of the Principal Rules substitute—

"Notes

1 Approved seatbelt is defined in the dictionary.

2 Subrule (4) provides that subrule (2)(b) does not apply to passengers holding children under 1 year old in their laps on buses, minibuses, taxis and tow trucks in certain circumstances. Taxi is defined in the dictionary.".

(2) In rule 265(3) of the Principal Rules for "subrule (4)" substitute "subrule (5)".

(3) For rule 265(4) including the Note, of the Principal Rules substitute—

"(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 1 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).

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(5) Subrule (3) does not apply to the driver of a corrections vehicle, secure services vehicle, or sheriff's 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

Corrections vehicle, secure services vehicle and sheriff's vehicle are defined in the dictionary.".

22 Wearing of seatbelts by passengers under 16 years old

(1) For rule 266(2B)(b) of the Principal Rules substitute—

"(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; or".

(2) In Note 1 to rule 266(2B) of the Principal Rules, for "Approved child restraint and approved booster seat" substitute "Approved booster seat, approved child restraint and approved child safety harness".

(3) In rule 266(5) of the Principal Rules after "passenger" insert "who is at least 1 year old but under 7 years old".

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(4) In rule 266(5AA) of the Principal Rules after "passenger" insert "who is at least 1 year old but under 7 years old".

(5) In rule 266(5A) of the Principal Rules for "is at least 1 year old but under 7 years old, and not" substitute "is not".

(6) After rule 266(5A) of the Principal Rules insert—

"(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 1 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 1 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 1 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 corrections vehicle, secure services vehicle or sheriff's vehicle.Note

Corrections vehicle, secure services vehicle and sheriff's vehicle are defined in the dictionary.".

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23 Exemptions from wearing seatbelts

(1) In rule 267(1)(a) of the Principal Rules after "person" insert ", or a class of persons of which the person concerned is a member,".

(2) After the Note to rule 267(2) of the Principal Rules insert—

"(2A) Subrule (2) does not apply to a person who is under 7 years old.".

(3) In rule 267(3)(a) of the Principal Rules, after "person" insert ", or class of persons,".

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

(a) for "medical practitioner" (twice occurring) substitute "registered medical practitioner";

(b) the Note is revoked.

(5) In rule 267(9) of the Principal Rules, the definition of medical practitioner is revoked.

24 How persons must travel in or on a motor vehicle


(a) in paragraph (a) for "exempted the person" substitute "exempted the person, or a class of persons of which the person concerned is a member,";

(b) in paragraph (b) after "driving" insert "or travelling in".

25 Riding on motor bikes and motor cycles

For rule 271(1)(b) and (c) of the Principal Rules, excluding the Penalty and the Note, substitute—

"(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

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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.".

26 Driving on a path

(1) In rule 288(2)(b) of the Principal Rules, for "drive; or" substitute "drive.".

(2) Rule 288(2)(c) of the Principal Rules, excluding the Note, is revoked

(3) In the Note to rule 288(2) of the Principal Rules, omit—

(i) "bicycle,"; and

(ii) ", motor cycle is defined in the Road Safety Act 1986,".


"(5A) Subrule (1) 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

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(c) the motor bike has an engine capacity not exceeding 125 cc.

Note

Motor bike and postal vehicle are defined in the dictionary.".

27 Driving on a nature strip—postal vehicle exemption

(1) In rule 289(1)(f) of the Principal Rules, for "wheelchair; or" substitute "wheelchair.".

(2) Rule 289(1)(g) of the Principal Rules, excluding the Penalty and the Note, is revoked.

(3) In the Note to rule 289(1) of the Principal Rules, omit—

(i) "bicycle,"; and

(ii) ", motor cycle is defined in the Road Safety Act 1986";


"(2A) Subrule (1) does not apply to the rider of a motor bike (with or without a trailer attached) or bicycle 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

Bicycle, motor bike and postal vehicle are defined in the dictionary.".

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28 Television receivers and visual display units in motor vehicles

After the Note to rule 299(2)(ba) of the Principal Rules insert—

"(bb) the visual display unit is part of a mobile phone that is being used to perform a navigational or intelligent highway vehicle system function as permitted by rule 300(1)(b) or (c); or".

29 Use of mobile phones

(1) For rule 300(1)(b) of the Principal Rules substitute—

"(b) the phone is being used to perform a navigational or intelligent highway vehicle system function in a vehicle that is not a motor bike and—

(i) the body of the phone is secured in a mounting affixed to the vehicle while being so used; or

(ii) is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press anything on the body of the phone or otherwise to manipulate any part of the body of the phone; or".

(2) For rule 300(1A) of the Principal Rules substitute—

"(1A) Despite anything to the contrary in rule 299(2), the driver of a vehicle or a motor cycle must not use a mobile phone, including using the phone to perform a navigational or intelligent highway and vehicle system function or an audio playing function, while the vehicle is moving, or is stationary but not parked if the driver is—

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(a) a learner driver; or

(b) the holder of a probationary driver licence; or

(c) the holder of a motor cycle licence, issued by the Corporation after 1 October 2014, who has held the licence for a period of less than 3 years.

Penalty: 10 penalty units.

(1B) In calculating the period for which a person has held a motor cycle driver licence referred to in subrule (1A)(c), any period for which the person's driver licence has been suspended, or the person has been disqualified from driving, must be excluded.".

30 Exemption for postal vehicles

For the Note at the foot of rule 313 of the Principal Rules substitute—"Notes

1 Exemptions for postal vehicles that are motorbikes (with or without a trailer) are contained in rule 288 (Driving on a path) and rule 289 (Driving on a nature strip).

2 Postal vehicle is defined in the dictionary.".

31 When do traffic control devices comply substantially with these Rules

At the foot of rule 316(3) of the Principal Rules insert—"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

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considered to be a freeway.".

32 Dictionary

In the dictionary to the Principal Rules—

(a) insert the following definitions—

"angle parking see rule 210;

motor cycle licence has the same meaning as in the Road Safety (Drivers) Regulations 2009;

Peninsula Link Freeway has the same meaning as it has in section 3(1) of the Road Management Act 2004;

Peninsula Link Freeway Corporation has the same meaning as it has in section 134C of the Road Management Act 2004;

probationary driver licence has the same meaning as in section 3(1) of the Road Safety Act 1986;

Public Transport Development Authority has the same meaning as in section 3 of the Transport Integration Act 2010;

secure services vehicle means any vehicle used to transport a child or youth to or from a secure welfare service, youth justice centre or youth residential centre as defined in the Children, Youth and Families Act 2005;

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."

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(b) in the definition of emergency vehicle in paragraph (c)(ii), for "the Department of Sustainability and Environment; or" substitute "the Department of Environment and Primary Industries; or";

(c) in the definition of enforcement vehicle for paragraph (c) substitute—

"(c) Rail Safety (Local Operations Act) 2006; or

(ca) Rail Safety National Law (Victoria); or";

(d) in the definition of incident response service vehicle—

(i) in paragraph (d) for "road;" substitute "road; and";

(ii) after paragraph (d) insert—

"(e) the Peninsula Link Freeway Corporation in relation to the Peninsula Link Freeway;";

(iii) in the Note for "Link corporation and Link road" substitute "Link corporation, Link road, Peninsula Link Freeway and Peninsula Link Freeway Corporation";

(e) for the definition of police officer substitute—

"police officer has the same meaning as in the Victoria Police Act 2013;";

(f) for the definition of postal worker substitute—

"postal worker, for a provision of these Rules, means a person who delivers letter, mail and parcels within

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Australia, on behalf of Australia Post, as an employee or as a contractor;";

(g) for the definition of public minibus, excluding the Note, substitute—

"public minibus, for a provision of these Rules, means a motor vehicle—

(a) operated as a commercial minibus service within the meaning of the Bus Safety Act 2009, and

(b) providing a regular passenger service under a service contract within the meaning of the Bus Services Act 1995 or providing a public transport service pursuant to a service contract with the Public Transport Development Authority;";

(h) in the definition of slip lane—

(i) after "traffic island" insert ", but not by a median strip";

(ii) in the Note, for "Painted island" substitute "Median strip, painted island";

(i) in the definition of turning lane—

(i) in paragraph (b), for "apply;" substitute "apply; or";

(ii) after paragraph (b) insert—

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

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(iii) in the Note, for "and right traffic lane arrows" substitute ", right traffic lane arrows, U-turn and U-turn traffic lane arrows".

═══════════════

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ENDNOTES

Endnotes S.R. No. 146/2014


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1 Rule 4: 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 and 68/2014.

2 In the Endnotes to the Principal Rules after paragraph (k) insert—

"(l) Model Amendments Regulations 2011(Australian Road Rules—Package No. 9)approved 23 December 2011; and

(m) Model Amendments Regulations 2013(Australian Road Rules—Package No. 10)approved 15 November 2013.".

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