National Transport Commission (Model Amendments Regulations: Australian Road Rules

National Transport Commission (Model Amendments Regulations: Australian Road Rules—Package No. 7) Regulations 2008

Select Legislative Instrument No. 154, 2008

made under the

National Transport Commission Act 2003

Compilation No. 1

Compilation date: 5 March 2016

Includes amendments up to: F2016L00170

Registered: 2 June 2016

About this compilation

This compilation

This is a compilation of the National Transport Commission (Model Amendments Regulations: Australian Road Rules—Package No. 7) Regulations 2008 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Model Amendments Regulations: Australian Road Rules—Package No. 7

The following provisions are intended to provide the basis for nationally consistent transport laws on the topics with which they deal. They do not, of themselves, have any legal effect.

1. Name

These Regulations are the Model Amendments Regulations: Australian Road Rules—Package No. 7.

2. Purpose

The purpose of these Regulations is to amend the Australian Road Rules –

(a) to exclude roundabouts from the operation of rule 63 (giving way at an intersection with traffic lights not operating or only partly operating); and

(b) to make further provision for the crossing of level crossings by pedestrians; and

(d) to make other changes of a minor nature to improve the operation of those Rules.

3. Approval

These Regulations were approved by the Australian Transport Council on 25 January 2008.

4. Rules being amended by these Regulations

These Regulations amend the Australian Road Rules.

5. Giving way at an intersection with traffic lights not operating or only partly operating

In rule 63, after the diagram of the Traffic light‑stop sign following subrule (3) insert –

“(4) Subrule (3) does not apply if the intersection is a roundabout.

Note 1: Roundabout is defined in the dictionary.

Note 2: Rule 114 requires a driver entering a roundabout to give way to any vehicle in the roundabout and to any tram that is entering or approaching the roundabout.”.

6. Reduction of the distance a driver may drive in a tram lane

In rule 158(4)(a), after “bicycle lane” insert “or a tram lane”.

7. Crossing a level crossing

(1) For the note after rule 235(1) substitute –

“Note 1: Level crossing is defined in rule 120.

Note 2: If the pedestrian facility is a footpath or shared path at which there is a red pedestrian light, rule 235A imposes further obligations on pedestrians using the facility.”.

(2) After rule 235(2) insert –

“(2A) If any of the following events occurs after a pedestrian has started to cross a railway line, or tram tracks, at a level crossing, he or she must finish crossing the line or tracks without delay:

(a) warning lights start flashing, or warning bells start ringing;

(b) a gate, boom or barrier starts to close;

Offence provision.”.

8. Insertion of rule 235A

After rule 235 insert –

“235A. Crossing a pedestrian level crossing that has a red pedestrian light

(1) A pedestrian level crossing is an area where a footpath or shared path crosses a railway or tram tracks at substantially the same level.

Note: Footpath, shared path and tram tracks are defined in the dictionary.

(2) If a pedestrian approaches a pedestrian level crossing that has a red pedestrian light, he or she must not start to cross the crossing while the light is red.

Offence provision.

Note: Red pedestrian light is defined in the dictionary.

(3) If a red pedestrian light at a pedestrian level crossing appears after a pedestrian has started to cross the crossing, he or she must finish crossing the crossing without delay.

Offence provision.

Note: Red pedestrian light is defined in the dictionary.

Red pedestrian light showing
red pedestrian symbol

”.

9. Wearing of seatbelts by passengers under 7 years old

(1) For rule 266(2) substitute –

“(2) If the passenger is less than 6 months old, he or she must be restrained in a suitable and properly fastened and adjusted rearward facing approved child restraint.

Note 1: Approved child restraint is defined in subrule (7) and rearward facing is defined in subrule (6A).

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

(2A) If the passenger is 6 months old or older, but is less than 4 years old, he or she must be restrained in a suitable and properly fastened and adjusted –

(a) rearward facing approved child restraint; or

(b) forward facing approved child restraint that has an inbuilt harness.

Note 1: Approved child restraint is defined in subrule (7) and forward facing and rearward facing are defined in subrule (6A).

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

(2B) If the passenger is 4 years old or older, but is less than 7 years old, he or she must –

(a) be restrained in a suitable and properly fastened and adjusted forward facing approved child restraint that has an inbuilt harness; or

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

Note 1: Approved child restraint and approved booster seat are defined in subrule (7) 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.”.

(2) For rule 266(3) substitute –

“(3) A passenger who is under 4 years old must not be in the front row of a motor vehicle that has 2 or more rows of seats.

(3A) A passenger who is 4 years old or older, but is less than 7 years old, must not be in the front row of a motor vehicle that has 2 or more rows of seats unless all of the other seats in the row or rows behind the front row are occupied by passengers who are also under 7 years old.”.

(3) In rule 266 –

(a) in subrule (4):

(i) for “at least 1 year old” substitute “7 years old or older”;

(ii) omit “, and is not exempt from wearing a seatbelt under rule 267”;

(iii) after paragraph (b)(iii) insert:

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

(b) in subrule (5), for “subrule (2)” substitute “subrules (2), (2A) and (2B)”;

(d) in subrule (6)(c), for “(c)” substitute “(b)”.

(4) After rule 266(4) insert –

“(4A) Subrules (2), (2A), (2B) and (4) do not apply if the passenger is exempt from wearing a seatbelt under rule 267.

(4B) If a passenger cannot safely be restrained as required by subrule (2) because of his or her height or weight, he or she must be restrained as if subrule (2A) applied to him or her.

(4C) If a passenger cannot safely be restrained as required by subrule (2A) or (4B) because of his or her height or weight, he or she must be restrained as if subrule (2B) applied to him or her.

(4D) If a passenger cannot safely be restrained as required by subrule (2B) or (4C) because of his or her height or weight, he or she must be restrained as if subrule (4) applied to him or her.

(4E) In the case of a passenger sitting in a seating position that is fitted with a lap and sash type seatbelt, it is sufficient compliance with subrule (2B)(b) or (4)(b)(iii), as the case may be, if, instead of using the sash part of the seatbelt, an approved child safety harness that is properly adjusted and fastened is used to restrain the upper body of the passenger.

Note: Approved child safety harness is defined in subrule (7).”.

(5) After rule 266(6) insert –

“(6A) For this rule, a child restraint that is properly fastened and adjusted:

(a) is forward facing if, once it restrains a passenger, his or her head is closer to the rear of the vehicle than his or her feet;

(b) is rearward facing if, once it restrains a passenger, his or her feet are closer to the rear of the vehicle than his or her head.”.

(6) In rule 266(7), before the definition of approved child restraint insert:

“approved booster seat means a booster seat approved, for the Australian Road Rules, under another law of this jurisdiction;”.

(7) In rule 266(7), after the definition of approved child restraint insert:

“approved child safety harness means a child safety harness approved, for the Australian Road Rules, under another law of this jurisdiction;”.

(8) In rule 267(1B), for “1 year old” substitute “7 years old”.

(9) In rule 267(1C), after “subrule 266(3)” insert “or (3A)”.

10. Exemption concerning television receivers and visual display units in motor vehicles

After rule 299(2)(b) insert –

“(ba) the visual display unit is a mobile data terminal fitted to a police vehicle or an emergency vehicle; or

Note: Police vehicle and emergency vehicle are defined in the dictionary.”.

11. Removal of redundant signs

In Schedule 3, omit the first and second occurring Road access signs.

12. Insertion of new sign

In Schedule 3, before the Separated footpath sign insert –

School zone sign

(rule 23)

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
National Transport Commission (Model Amendments Regulations: Australian Road Rules—Package No. 7) Regulations 2008 (SLI No. 154, 2008)	21 July 2008 (F2008L02559)	22 July 2008 (r 2)
Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016	29 Feb 2016 (F2016L00170)	Sch 1 (item 32): 5 Mar 2016 (s 2(1) item 1)	—

Endnote 4—Amendment history

Provision affected	How affected
r 3.....................	am F2016L00170