Road Safety Road Rules (Electric Personal Transporters Trial) Amendment Rules 2016
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Road Safety Road Rules (Electric Personal
Transporters Trial) Amendment Rules 2016
S.R. No. 98/2016
TABLE OF PROVISIONS
Rule Page
1 Objective 1
2 Authorising provision 1
3 Commencement 1
4 Principal Rules 1
5 What is a vehicle 2
6 Who is a pedestrian 2
7 Amendments to notes in Division 1 of Part 14 2
8 Pedestrians travelling along a road (except while travelling on an
electric personal transporter or in or on a wheeled recreational
device or toy) 3
9 Pedestrians on a bicycle path or separated footpath 3
10 Travelling in or on a wheeled recreational device or toy on a
footpath or shared path 4
11 New Division 3 inserted in Part 14 4
12 Riding on a footpath or shared path 20
13 Amendment of Schedule 3—No electric personal transporters sign 20
14 Amendment of Schedule 4 21
15 Dictionary 22
16 Reader's Guide 24
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Endnotes 25
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STATUTORY RULES 2016
S.R. No. 98/2016
Road Safety Act 1986
Road Safety Road Rules (Electric Personal
Transporters Trial) Amendment Rules 2016
The Governor in Council makes the following Rules:
Dated: 9 August 2016
Responsible Minister:
LUKE DONNELLAN
Minister for Roads and Road Safety
ANDREW ROBINSON
Clerk of the Executive Council
1 Objective
The objective of these Rules is to amend the Road
Safety Road Rules 2009 to make provision for the
use of electric personal transporters on a trial
basis.
2 Authorising provision
These Rules are made under section 95D of the
Road Safety Act 1986.
3 Commencement
These Rules come into operation on 9 August
2016.
4 Principal Rules
In these Rules, the Road Safety Road Rules 20091
are called the Principal Rules.
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5 What is a vehicle
In rule 15(2)(b) of the Principal Rules—
(a) in subparagraph (iii), for "toy." substitute
"toy; or";
(b) after subparagraph (iii) insert—
"(iv) an electric personal transporter.".
6 Who is a pedestrian
(1) In rule 18 of the Principal Rules—
(a) in paragraph (d), for "toy." substitute
"toy; and";
(b) after paragraph (d) insert—
"(e) a person travelling on an electric
personal transporter.".
(2) In the note at the foot of rule 18 of the
Principal Rules, for "Wheelchair" substitute
"Electric personal transporter, travel on,
wheelchair".
7 Amendments to notes in Division 1 of Part 14
(1) In note 1 under the heading to Division 1 of
Part 14 of the Principal Rules—
(a) in the last dot point, for "toy (see rule 18)."
substitute "toy;";
(b) after the last dot point insert—
"• a person travelling on an electric personal
transporter (see rule 18). ".
(2) In note 2 under the heading to Division 1 of
Part 14 of the Principal Rules, for "Wheelchair"
substitute "Electric personal transporter, travel
on, wheelchair".
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8 Pedestrians travelling along a road (except while
travelling on an electric personal transporter or in
or on a wheeled recreational device or toy)
(1) In the heading to rule 238 of the Principal Rules,
after "except" insert "while travelling on an
electric personal transporter or".
(2) In rule 238(3) of the Principal Rules, in the
definition of pedestrian, after "a person
travelling" insert "on an electric personal
transporter or".
(3) In the notes at the foot of rule 238(3) of the
Principal Rules—
(a) in note 1, after "in rule 12, and" insert
"electric personal transporter,";
(b) after note 2, insert the following note—
"3 Persons travelling on roads on an
electric personal transporter are dealt
with in rule 244H." .
9 Pedestrians on a bicycle path or separated footpath
(1) In the notes at the foot of rule 239(2) of the
Principal Rules—
(a) in note 1, for "Traffic control device"
substitute "Electric personal transporter,
traffic control device";
(b) after note 2, insert the following note—
"3 Rule 244J(3) provides that a person travelling
on an electric personal transporter on a bicycle
path must keep out of the path of any bicycle." .
(2) After rule 239(2) of the Principal Rules insert—
"(2A) Also, a pedestrian may be on a bicycle path
if—
(a) the pedestrian is a person travelling on
an electric personal transporter; and
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(b) there is no traffic control device, or
information on or with a traffic control
device, applying to the bicycle path that
indicates that a person travelling on an
electric personal transporter is not
permitted to be on the bicycle path.".
10 Travelling in or on a wheeled recreational device or
toy on a footpath or shared path
(1) In rule 242(1)(b) of the Principal Rules, after
"person travelling" insert "on an electric personal
transporter or".
(2) In note 1 at the foot of rule 242(1) of the
Principal Rules, for "Footpath is" substitute
"Electric personal transporter, footpath and
travel on are".
11 New Division 3 inserted in Part 14
After Division 2 of Part 14 of the Principal Rules
insert—
"Division 3—Rules for persons
travelling on electric personal
transporters
Notes
1 For the Road Rules, a person travelling on an electric
personal transporter is a pedestrian, not a rider—see
rule 18(e). This Division contains rules that apply only
to persons travelling on electric personal transporters.
2 Electric personal transporter, electric personal
transporter route, electric personal transporter tour,
electric personal transporter use area and travel on
are defined in the dictionary.
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244C Electric personal transporter routes and
use areas
(1) The Corporation, for the purposes of this
Division, by notice published in the
Government Gazette, may do either or
both of the following—
(a) specify a route consisting of specified
roads and road related areas as an
electric personal transporter route;
(b) specify an area encompassing roads
and road related areas to be an electric
personal transporter use area.
(2) Before the Corporation publishes a notice
under subrule (1), it must consult with any
other road authority that the Corporation
considers may be affected by that
publication.
(3) In this rule—
road authority has the same meaning as in
the Road Management Act 2004.
244D Electric personal transporters must only
be used on roads or road related areas as
part of an electric personal transporter
tour
A person must not travel on an electric
personal transporter on a road or road related
area unless the person is taking part in an
electric personal transporter tour on an
electric personal transporter supplied to the
person as part of that tour.
Penalty: 3 penalty units.
Note
A local law may provide that a permit is required in
order to operate an electric personal transporter tour.
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244E Electric personal transporters must only
be used on electric personal transporter
routes or in electric personal transporter
use areas
A person must not travel on an electric
personal transporter on a road or road related
area unless that road or road related area is
an electric personal transporter route or in an
electric personal transporter use area.
Penalty: 3 penalty units.
244F Electric personal transporters not to be
used on certain roads
(1) A person must not travel on an electric
personal transporter on a road if there is a
bicycle path, footpath, nature strip or shared
path adjacent to the road, unless it is
impracticable to travel on the bicycle path,
footpath, nature strip or shared path.
Penalty: 3 penalty units.
Note
Footpath and nature strip are defined in the
dictionary, bicycle path is defined in rule 239, and
shared path is defined in rule 242.
(2) A person must not travel on an electric
personal transporter on—
(a) a road with a dividing line or median
strip; or
(b) a road on which the speed-limit is
greater than 50 kilometres per hour; or
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(c) a one-way road with more than one
marked lane.
Penalty: 3 penalty units.
Note
Dividing line, marked lane, median strip and
one-way road are defined in the dictionary.
(3) A person must not travel on an electric
personal transporter on a road or road related
area at night.
Penalty: 3 penalty units
Note
Night is defined in the dictionary.
(4) Subrule (1) does not apply to a person
travelling on an electric personal transporter
in a shared zone.
(5) Subrule (2) does not apply to a person who
is crossing a road on an electric personal
transporter if the person—
(a) crosses the road by the shortest safe
route; and
(b) does not stay on the road longer than
necessary to cross the road safely; and
(c) is not prohibited, under these Rules,
from crossing the road on an electric
personal transporter.
(6) In subrules (1) and (2), road does not include
a road related area, but includes any shoulder
of the road.
Note
Road related area is defined in rule 13 and shoulder
is defined in rule 12.
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244G No electric personal transporter sign
A person on a road who is travelling on an
electric personal transporter must not travel
past a no electric personal transporter sign.
Penalty: 3 penalty units.
No electric personal transporter sign
244H Travelling on an electric personal
transporter on a road
(1) A person travelling on an electric personal
transporter on a road must keep as far to the
left side of the road as is practicable.
Penalty: 3 penalty units.
(2) A person travelling on an electric personal
transporter on a road or road related area
must not travel alongside more than 1 other
pedestrian or vehicle travelling on the road
or road related area in the same direction as
the person, unless the person is overtaking
other pedestrians.
Penalty: 3 penalty units.
(3) In subrule (1), road does not include a road
related area.
Note
Road related area is defined in rule 13.
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244I Travelling on an electric personal
transporter on a footpath or shared path
or in a shared zone
(1) A person travelling on an electric personal
transporter on a footpath or shared path must
keep to the left of the footpath or shared path
unless it is impracticable to do so.
Penalty: 3 penalty units.
(2) A person travelling on an electric personal
transporter on a footpath or shared path or
in a shared zone must give way to any
pedestrian (except a person travelling on an
electric personal transporter or in or on a
wheeled recreational device or wheeled toy)
who is on the footpath or shared path or in
the shared zone.
Penalty: 3 penalty units.
Notes
1 Footpath is defined in the dictionary and shared path
is defined in rule 242.
2 For this rule, give way means the person must slow
down and, if necessary, stop to avoid a collision—
see the definition in the dictionary.
3 Bicycle riders on footpaths and shared paths are not
required to give way to persons travelling on electric
personal transporters—see rule 250(2).
244J Travelling on an electric personal
transporter on a bicycle path or separated
footpath
(1) A person travelling on an electric personal
transporter must not be on a part of a
separated footpath designated for the use
of bicycles unless the person—
(a) is crossing the separated footpath by the
shortest safe route; and
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(b) does not stay on the separated footpath
for longer than necessary to cross the
separated footpath safely.
Penalty: 3 penalty units.
(2) A person travelling on an electric personal
transporter on part of a separated footpath
designated for the use of pedestrians must
give way to any pedestrian (except a person
travelling on an electric personal transporter)
who is on the separated footpath.
Penalty: 3 penalty units.
(3) A person travelling on an electric personal
transporter on a bicycle path must keep out
of the path of any bicycle.
Penalty: 3 penalty units.
Note
Bicycle and electric personal transporter are defined in
the dictionary, and bicycle path and separated footpath are
defined in rule 239.
244K Electric personal transporter user to stop
at red bicycle crossing light
(1) A person travelling on an electric personal
transporter 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.
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(2) If the bicycle crossing lights show a red
bicycle crossing light and the person
travelling on an electric personal transporter
has not already started crossing the
intersection or place, the person 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.
Red bicycle
crossing light
Green bicycle
crossing light
(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.
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244L Electric personal transporter user to stop
at yellow bicycle crossing light
(1) A person travelling on an electric personal
transporter 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) If the bicycle crossing lights show a yellow
bicycle crossing light and the person
travelling on an electric personal transporter
has not already started crossing the
intersection or place, the person 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 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.
Yellow bicycle crossing light
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(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.
244M Electric personal transporter user
proceeding when bicycle crossing lights
change to yellow or red
(1) A person travelling on an electric personal
transporter 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: 5 penalty units.
Note
Bicycle crossing lights, intersection and traffic lights
are defined in the dictionary.
(2) If the bicycle crossing lights change from
green to yellow, flashing yellow, red or
flashing red while the person travelling on
an electric personal transporter is crossing
the road, the person must not stay on the
road for longer than necessary to cross safely
to the nearer (in the direction of travel of the
person) of the following—
(a) a dividing strip, safety zone, or traffic
island, forming part of the area set
aside or used by riders of bicycles to
cross the road at the intersection or
place (the safety area);
(b) the far side of the road.
Note
Dividing strip and traffic island are defined in the
dictionary, and safety zone is defined in rule 162.
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(3) Despite subrule (2), in the circumstances set
out in that subrule the person may instead
return to the side of the road, or to the safety
area, that the person has just left, but only
if—
(a) at the time the lights change, that
side or safety area is closer to the
person than the side or safety area
(whichever is the closer) that the person
was heading for at that time; and
(b) the person does not stay on the road for
longer than is necessary to return to that
side or safety area.
(4) If, under subrule (2), the person crosses to
the safety area, the person must remain in the
safety area until the bicycle crossing lights
change to green.
(5) However, if the person cannot operate the
bicycle crossing lights from the safety area,
the person may cross to the far side of the
road when—
(a) the traffic lights change to green or
flashing yellow, or there is no red
traffic light showing; and
(b) it is safe to do so.
Note
Red traffic light is defined in the dictionary.
(6) In this rule—
road does not include a road related area, but
includes any shoulder of the road.
Note
Road related area is defined in rule 13 and shoulder
is defined in rule 12.
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244N Electric personal transporters being
towed
A person must not travel on an electric
personal transporter on a road or road related
area while the electric personal transporter is
being towed by a vehicle.
Penalty: 3 penalty units.
Note
Vehicle is defined in rule 15.
244O Person to have proper control of an
electric personal transporter
A person must not travel on an electric
personal transporter on a road or road related
area unless the person has proper control of
the electric personal transporter.
Penalty: 5 penalty units.
244P Wearing of bicycle helmets by persons
travelling on electric personal
transporters
(1) A person travelling on an electric personal
transporter on a road or road related area
must wear an approved bicycle helmet
securely fitted and fastened on the person's
head, unless—
(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 (4).
Penalty: 5 penalty units.
Note
Approved bicycle helmet is defined in the dictionary.
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(2) 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 travelling on an electric
personal transporter.
(3) A certificate issued under subrule (2) must
be—
(a) carried by the person to whom it
applies while the person is travelling on
an electric personal transporter; and
(b) produced by the person to a police
officer or authorised person when
requested to do so.
(4) 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.
244Q Equipment on electric personal
transporters
A person must not travel on an electric
personal transporter on a road or road related
area if the electric personal transporter does
not have—
(a) at least 1 effective brake; and
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(b) a bell, horn, or similar warning device,
in working order.
Penalty: 2 penalty units.
244R Minimum age requirement for travelling
on electric personal transporters
(1) A person must not, on a road or road related
area, conduct an electric personal transporter
tour which has, as a participant on the tour, a
child under 12 years of age.
Penalty: 3 penalty units.
(2) Subrule (1) does not apply if, before the
start of the electric personal transporter
tour, the person has taken reasonable steps
to determine that each participant on
the electric personal transporter tour is
12 years of age or older.
244S Speed-limit applicable to electric personal
transporters
A person must not travel on an electric
personal transporter on a road or road related
area at a speed over 10 kilometres per hour.
Penalty: 3 penalty units.
244T Carrying people or animals on electric
personal transporters
A person travelling on an electric personal
transporter on a road or road related area
must not use the electric personal transporter
to carry any other person or any animal.
Penalty: 3 penalty units.
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244U Offence to consume intoxicating liquor
while travelling on an electric personal
transporter
A person must not consume intoxicating
liquor while travelling on an electric
personal transporter on a road or road
related area.
Penalty: 5 penalty units.
244V Use of mobile phones by users of electric
personal transporters
(1) A person travelling on an electric personal
transporter on a road or road related area
must not use a mobile phone while the
electric personal transporter is moving
unless—
(a) the phone is being used—
(i) to make or receive a phone call
(other than a text message, video
message, email or similar
communication); or
(ii) to perform an audio playing
function—
and the body of the phone—
(iii) is secured in a mounting affixed to
the electric personal transporter
while being so used; or
(iv) is not being held by the person,
and the use of the phone does not
require the person, at any time
while using it, to press any thing
on the body of the phone or to
otherwise manipulate any part of
the body of the phone; or
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(b) the phone is being used to perform a
navigational or intelligent highway
and vehicle system function and the
body of the phone is secured in a
mounting affixed to the electric
personal transporter while being so
used.
Penalty: 10 penalty units.
(2) For the purposes of this rule, a person does
not use a phone to receive a text message,
video message, email or similar
communication if—
(a) the communication is received
automatically by the phone; and
(b) on and after receipt, the communication
itself (rather than any indication that the
communication has been received) does
not become automatically visible on the
screen of the phone.
(3) In this rule—
affixed to, in relation to an electric personal
transporter, includes forming part of the
electric personal transporter;
body, in relation to a mobile phone, means
the part of the phone that contains the
majority of the phone's mechanisms;
held includes held by, or resting on, any
part of the person's body, but does not
include held in a pocket of the person's
clothing or in a pouch worn by the
person;
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mobile phone does not include a CB radio or
any other two way radio;
use, in relation to a mobile phone, includes
any of the following actions by a
person—
(a) holding the body of the phone in
the person's hand (whether or not
engaged in a phone call);
(b) entering or placing, other than
by the use of voice, anything into
the phone, or sending or looking
at anything that is in the phone;
(c) turning the phone on or off;
(d) operating any other function of the
phone.".
12 Riding on a footpath or shared path
In rule 250(2)(b) of the Principal Rules, after
"any pedestrian" insert "(except a person
travelling on an electric personal transporter)".
13 Amendment of Schedule 3—No electric personal
transporters sign
(1) For the note under the heading to Schedule 3 to
the Principal Rules substitute—
"Note
The traffic signs in this Schedule are either alternative
versions of the signs in Schedule 2 or signs that are
Victoria specific. Some of these signs are not included
in the Australian Standard AS1742 (Manual of Uniform
Traffic Control Devices), but are in use in Victoria.".
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(2) In the Table in Schedule 3 to the Principal Rules,
after the diagram containing the median turning
lane sign insert the following diagram—
"
".
14 Amendment of Schedule 4
(1) In the Table in Schedule 4 to the Principal Rules,
for the diagram containing the green bicycle
crossing light symbol substitute—
"
".
No electric personal transporter sign
(rule 244G)
Green bicycle crossing light symbol
(rules 244K, 260)
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(2) In the Table in Schedule 4 to the Principal Rules,
for the diagram containing the red bicycle
crossing light symbol substitute—
"
".
(3) In the Table in Schedule 4 to the Principal Rules,
for the diagram containing the yellow bicycle
crossing light symbol substitute—
"
".
15 Dictionary
In the dictionary to the Principal Rules—
(a) insert the following definitions—
"electric personal transporter means a
vehicle designed for use by one person
that—
(a) has 2 wheels that operate on a
single axis; and
Red bicycle crossing light symbol
(rules 244K, 260)
Yellow bicycle crossing light symbol
(rules 244L, 261)
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(b) is designed to be self-balancing
while a person is using it; and
(c) is propelled by an electric motor;
and
(d) is steered by means of a
handlebar; and
(e) has a maximum speed of
25 kilometres per hour; and
(f) is fitted with a device that can
limit the maximum speed to
10 kilometres per hour; and
(g) has a maximum width of
850 millimetres; and
(h) has a maximum weight of
60 kilograms when not carrying
a person or any load;
electric personal transporter route means a
route consisting of specified roads and
road related areas that is specified as an
electric personal transporter route by
notice under rule 244C(1)(a);
electric personal transporter tour means a
commercially organised and supervised
tour using electric personal transporters
for tourism purposes;
electric personal transporter use area
means an area that is specified as an
electric personal transporter use area
by notice under rule 244C(1)(b);
travel on, for an electric personal transporter,
means to be in control of the electric
personal transporter;";
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(b) in paragraph (c) of the definition of bicycle,
after "not include" insert "an electric
personal transporter,";
(c) in paragraph (b) of the definition of wheeled
recreational device, after "bicycle," insert
"an electric personal transporter, a".
16 Reader's Guide
In the Reader's Guide to the Principal Rules, in
the section headed "Diagrams of traffic signs",
for "alternative signs still in use in Victoria,
but are being phased out" substitute "either
alternative versions of the signs in Schedule 2
(which are being phased out) or signs that are
Victoria specific".
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Endnotes
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, 68/2014, 132/2014, 146/2014, 86/2015, 120/2015
and 125/2015.
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