Road Safety Road Rules Amendment (Exemption and Other Matters) Rules 2010

i Road Safety Road Rules Amendment (Exemption and Other Matters) Rules 2010 S.R. No. 137/2010 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Principal Rules 2 4 Complying with overhead lane control devices applying to marked lanes 2 5 Stopping in a loading zone 2 6 Towing a vehicle at night or in hazardous weather conditions 2 7 Substitution of rule 222 3 222 Using warning lights on buses carrying children 3 8 Wearing of seatbelts by passengers under 16 years old 3 9 Substitution of rule 287 4 287 Duties of driver involved in an accident 4 10 Exemption for tow truck drivers 4 11 New rule 313A inserted 5 313A Exemptions for drivers of incident response service vehicles 5 12 Dictionary 5 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 2010 S.R. No. 137/2010 Road Safety Act 1986 Road Safety Road Rules Amendment (Exemption and Other Matters) Rules 2010 The Governor in Council makes the following Regulations: Dated: 26 October 2010 Responsible Minister: TIM PALLAS Minister for Roads and Ports MATTHEW McBEATH Clerk of the Executive Council 1 Objectives The objectives of these Rules are to— (a) allow for a driver to drive in a marked lane past an illuminated speed-limit sign; (b) revoke by way of substitution a redundant rule relating to the use of warning lights on buses carrying children; (c) exempt drivers of tow trucks from passenger seatbelt requirements in certain circumstances; (d) revoke by way of substitution a redundant rule relating to the duties of drivers of vehicles other than motor vehicles after an accident; (e) exempt drivers of incident response service vehicles from certain road rules; -- 2 of 9 -- S.R. No. 137/2010 Road Safety Road Rules Amendment (Exemption and Other Matters) Rules 2010 2 (f) update references to the amended Transport Act 1983 with references to the Transport (Compliance and Miscellaneous) Act 1983. 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 2009 1 are called the Principal Rules. 4 Complying with overhead lane control devices applying to marked lanes In rule 152(4) of the Principal Rules, after "directions," insert "or an illuminated speed-limit sign,". 5 Stopping in a loading zone (1) In rule 179(1)(a) of the Principal Rules, for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". (2) For the note at the foot of rule 179(1) of the Principal Rules substitute— "Note Bus is defined in the Road Safety Act 1986. Courier vehicle, courier vehicle sign, delivery vehicle, delivery vehicle sign, motor bike and taxi are defined in the dictionary.". 6 Towing a vehicle at night or in hazardous weather conditions At the foot of rule 216(2) of the Principal Rules insert— "Note Tow truck is defined in the dictionary.". r. 2 -- 3 of 9 -- S.R. No. 137/2010 Road Safety Road Rules Amendment (Exemption and Other Matters) Rules 2010 3 7 Substitution of rule 222 For rule 222 of the Principal Rules substitute— "222 Using warning lights on buses carrying children * * * * * Note There is no rule 222. Refer to regulation 31(5)(a) of the Transport (Passenger Vehicles) Regulations 2005.". 8 Wearing of seatbelts by passengers under 16 years old (1) In rule 266(5)(a) of the Principal Rules, after "approved child restraint" insert "or approved booster seat". (2) For the note at the foot of rule 266(5) of the Principal Rules substitute— "Note Approved child restraint and approved booster seat are defined in subrule (7) and public minibus and taxi are defined in the dictionary.". (3) After rule 266(5) of the Principal Rules insert— "(5AA) Subject to subrule (5A), the driver of a tow truck is exempt from subrules (2), (2A) and (2B) in relation to a passenger if— (a) there is no suitable approved child restraint or approved booster seat available in the tow truck; and (b) if the tow truck has 2 or more rows of seats—the passenger is not in the front row of seats; and (c) the passenger was a passenger in a motor vehicle that is being or has been towed by that tow truck; and r. 7 -- 4 of 9 -- S.R. No. 137/2010 Road Safety Road Rules Amendment (Exemption and Other Matters) Rules 2010 4 (d) the passenger is accompanying the driver of the tow truck— (i) while the vehicle is being towed; or (ii) after the vehicle has been towed, for the purpose of being driven to the passenger's home or other convenient place. Note Approved child restraint and approved booster seat are defined in subrule (7) and tow truck is defined in the dictionary.". (4) In rule 266(5A) of the Principal Rules, after "subrule (5)" insert "or (5AA)". 9 Substitution of rule 287 For rule 287 of the Principal Rules substitute— "287 Duties of driver involved in an accident * * * * * Note There is no rule 287. Refer to section 61A(1) of the Road Safety Act 1986.". 10 Exemption for tow truck drivers At the foot of rule 312(1) of the Principal Rules insert— "Note Tow truck is defined in the dictionary.". r. 9 -- 5 of 9 -- S.R. No. 137/2010 Road Safety Road Rules Amendment (Exemption and Other Matters) Rules 2010 5 11 New rule 313A inserted After rule 313 of the Principal Rules insert— "313A Exemptions for drivers of incident response service vehicles (1) A provision mentioned in subrule (2) does not apply to the driver of an incident response service vehicle if— (a) it is not practicable for the driver to comply with the provision; and (b) the driver is taking reasonable care. (2) For subrule (1), the provisions are as follows— • rule 56 (Stopping for a red traffic light or arrow); • rule 57 (Stopping for a yellow traffic light or arrow); • rule 91 (No left turn and no right turn signs); • rule 100 (No entry signs); • rule 152 (Complying with overhead lane control devices). Note Incident response service vehicle is defined in the dictionary.". 12 Dictionary (1) In the dictionary to the Principal Rules, insert the following definitions— "arterial road has the same meaning as it has in section 3(1) of the Road Management Act 2004; -- 6 of 9 -- S.R. No. 137/2010 Road Safety Road Rules Amendment (Exemption and Other Matters) Rules 2010 6 EastLink has the same meaning as it has in section 3(1) of the EastLink Project Act 2004; EastLink Corporation means the Freeway Corporation within the meaning of section 3(1) of the EastLink Project Act 2004; Extension corporation has the same meaning as it has in section 3 of the Melbourne City Link Act 1995; Extension road has the same meaning as it has in section 3 of the Melbourne City Link Act 1995; incident response service vehicle means a vehicle that is operated for the purposes of responding to incidents by or on behalf of— (a) the Corporation in relation to a freeway or arterial road for which it is the responsible road authority; and (b) the EastLink Corporation in relation to EastLink; and (c) the Link corporation in relation to the Link road; and (d) the Extension corporation in relation to the Extension road; Note Arterial road, Corporation, EastLink, EastLink Corporation, Extension corporation, Extension road, Link corporation and Link road are defined in the dictionary. Link corporation has the same meaning as it has in section 3 of the Melbourne City Link Act 1995; r. 12 -- 7 of 9 -- S.R. No. 137/2010 Road Safety Road Rules Amendment (Exemption and Other Matters) Rules 2010 7 Link road has the same meaning as it has in section 3 of the Melbourne City Link Act 1995; tow truck has the same meaning as it has in section 3(1) of the Accident Towing Services Act 2007;". (2) In the definition of emergency vehicle in the dictionary to the Principal Rules, for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". (3) In paragraph (f) of the definition of enforcement vehicle in the dictionary to the Principal Rules, for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous) Act 1983". (4) In the definition of overhead lane control signal in the dictionary to the Principal Rules, for clause (b) substitute— "(b) an illuminated white, green or yellow arrow pointing downwards or indicating 1 or more directions; or (c) an illuminated speed-limit sign;". (5) In the definition of taxi in the dictionary to the Principal Rules, for "Transport Act 1983" substitute "Transport (Compliance and Miscellaneous Act 1983". ═══════════════ r. 12 -- 8 of 9 -- S.R. No. 137/2010 Road Safety Road Rules Amendment (Exemption and Other Matters) Rules 2010 8 ENDNOTES 1 Rule 3: S.R. No. 94/2009 as amended by S.R. Nos 116/2009, 137/2009, 140/2009 and 7/2010. Endnotes -- 9 of 9 --