I AM THE LAW
Browse › Legislation › Victoria

Road Safety Road Rules (Enforcement Vehicles and Escort Vehicles) Amendment Rules 2010

Legislation · Victoria · 2020
i Road Safety Road Rules (Enforcement Vehicles and Escort Vehicles) Amendment Rules 2010 S.R. No. 7/2010 TABLE OF PROVISIONS Rule Page 1 Objective 1 2 Authorising provision 1 3 Principal Rules 1 4 Keeping clear of police vehicles, emergency vehicles, enforcement vehicles and escort vehicles 2 5 Giving way to police vehicles, emergency vehicles, enforcement vehicles and escort vehicles 2 6 Exemptions from wearing seatbelts 3 7 How persons must travel in or on a motor vehicle 3 8 Television receivers and visual display units in motor vehicles 4 9 Use of mobile phones 4 10 Exemption for drivers of emergency vehicles 4 11 New rule 306A inserted 4 306A Exemption for drivers of enforcement vehicles and escort vehicles 4 12 Stopping and parking exemption for police vehicles, emergency vehicles, enforcement vehicles, escort vehicles and authorised persons 5 13 Exemption for police officers, emergency workers, enforcement vehicle workers and escort vehicle workers on foot 6 14 Exemption for oversize vehicles 6 15 Dictionary 7 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 2010 S.R. No. 7/2010 Road Safety Act 1986 Road Safety Road Rules (Enforcement Vehicles and Escort Vehicles) Amendment Rules 2010 The Governor in Council makes the following Regulations: Dated: 9 February 2010 Responsible Minister: TIM PALLAS Minister for Roads and Ports TOBY HALLIGAN Clerk of the Executive Council 1 Objective The objective of these Rules is to make further provision relating to enforcement vehicles and the accompaniment of vehicles by escort vehicles. 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. -- 2 of 9 -- S.R. No. 7/2010 Road Safety Road Rules (Enforcement Vehicles and Escort Vehicles) Amendment Rules 2010 2 4 Keeping clear of police vehicles, emergency vehicles, enforcement vehicles and escort vehicles (1) For the heading to rule 78 of the Principal Rules substitute— "Keeping clear of police vehicles, emergency vehicles, enforcement vehicles and escort vehicles". (2) In rule 78(1) of the Principal Rules— (a) for "police or emergency vehicle" substitute "police vehicle, emergency vehicle, enforcement vehicle or escort vehicle"; and (b) for "blue or red" substitute "blue, red or magenta"; and (c) in the note at the foot of the rule, after "emergency vehicle", insert ", enforcement vehicle, escort vehicle". (3) In rule 78(2) of the Principal Rules— (a) for "police or emergency vehicle" substitute "police vehicle, emergency vehicle, enforcement vehicle or escort vehicle"; and (b) for "blue or red" substitute "blue, red or magenta". 5 Giving way to police vehicles, emergency vehicles, enforcement vehicles and escort vehicles (1) For the heading to rule 79 of the Principal Rules substitute— "Giving way to police vehicles, emergency vehicles, enforcement vehicles and escort vehicles". r. 4 -- 3 of 9 -- S.R. No. 7/2010 Road Safety Road Rules (Enforcement Vehicles and Escort Vehicles) Amendment Rules 2010 3 (2) In rule 79(1) of the Principal Rules— (a) for "police or emergency vehicle" substitute "police vehicle, emergency vehicle, enforcement vehicle or escort vehicle"; and (b) for "blue or red" substitute "blue, red or magenta"; and (c) in note 1 at the foot of the rule, after "Emergency vehicle", insert ", enforcement vehicle, escort vehicle". (3) In rule 79(2) of the Principal Rules, for "police or emergency vehicle" substitute "police vehicle, emergency vehicle, enforcement vehicle or escort vehicle". 6 Exemptions from wearing seatbelts (1) In rule 267(5)(a) of the Principal Rules, for "police or emergency vehicle" substitute "police vehicle, emergency vehicle or enforcement vehicle". (2) In the note at the foot of rule 267(5) of the Principal Rules, after "Emergency vehicle" insert ", enforcement vehicle". 7 How persons must travel in or on a motor vehicle (1) In rule 268(5)(a) of the Principal Rules, for "police or emergency vehicle" substitute "police vehicle, emergency vehicle or enforcement vehicle". (2) In the note at the foot of rule 268(5) of the Principal Rules, after "Emergency vehicle," insert "enforcement vehicle,". r. 6 -- 4 of 9 -- S.R. No. 7/2010 Road Safety Road Rules (Enforcement Vehicles and Escort Vehicles) Amendment Rules 2010 4 8 Television receivers and visual display units in motor vehicles (1) In rule 299(2)(ba) of the Principal Rules, for "police vehicle or an emergency vehicle" substitute "police vehicle, emergency vehicle or an enforcement vehicle". (2) In the note at the foot of rule 299(2)(ba) of the Principal Rules, for "Police vehicle and emergency vehicle" substitute "Police vehicle, emergency vehicle and enforcement vehicle". 9 Use of mobile phones (1) In rule 300(1)(d) of the Principal Rules, for "emergency vehicle or a police vehicle" substitute "emergency vehicle, enforcement vehicle or a police vehicle". (2) In the note at the foot of rule 300(1) of the Principal Rules, after "Emergency vehicle," insert "enforcement vehicle,". 10 Exemption for drivers of emergency vehicles In rule 306(b) of the Principal Rules omit "magenta,". 11 New rule 306A inserted After rule 306 of the Principal Rules insert— "306A Exemption for drivers of enforcement vehicles and escort vehicles A provision of these Rules does not apply to the driver of an enforcement vehicle or an escort vehicle if— (a) in the circumstances— (i) the driver is taking reasonable care; and r. 8 -- 5 of 9 -- S.R. No. 7/2010 Road Safety Road Rules (Enforcement Vehicles and Escort Vehicles) Amendment Rules 2010 5 (ii) it is reasonable that the rule should not apply; and (b) if the vehicle is a motor vehicle that is moving—the vehicle is displaying a magenta flashing light or sounding an alarm. Note Enforcement vehicle and escort vehicle are defined in the dictionary and motor vehicle is defined in the Road Safety Act 1986.". 12 Stopping and parking exemption for police vehicles, emergency vehicles, enforcement vehicles, escort vehicles and authorised persons (1) For the heading to rule 307 of the Principal Rules substitute— "Stopping and parking exemption for police vehicles, emergency vehicles, enforcement vehicles, escort vehicles and authorised persons". (2) In rule 307(1) of the Principal Rules— (a) for "police vehicle or emergency vehicle" substitute "police vehicle, emergency vehicle, enforcement vehicle or escort vehicle"; and (b) in note 1 at the foot of the rule, after "Emergency vehicle", insert ", enforcement vehicle, escort vehicle". r. 12 -- 6 of 9 -- S.R. No. 7/2010 Road Safety Road Rules (Enforcement Vehicles and Escort Vehicles) Amendment Rules 2010 6 13 Exemption for police officers, emergency workers, enforcement vehicle workers and escort vehicle workers on foot (1) For the heading to rule 308 of the Principal Rules substitute— "Exemption for police officers, emergency workers, enforcement vehicle workers and escort vehicle workers on foot". (2) In rule 308 of the Principal Rules, for "police officer or emergency worker" substitute "police officer, emergency worker, enforcement vehicle worker or escort vehicle worker". (3) In rule 308(a) of the Principal Rules, for "police officer or emergency worker" substitute "police officer, emergency worker, enforcement vehicle worker or escort vehicle worker". (4) In note 1 at the foot of rule 308 of the Principal Rules, after "Emergency worker" insert ", enforcement vehicle worker, escort vehicle worker". 14 Exemption for oversize vehicles (1) In rule 311(1) of the Principal Rules, for "vehicle escorting or" substitute "pilot vehicle, as defined in regulation 5 of the Road Safety (Vehicles) Regulations 2009,". (2) In rule 311(1)(c) of the Principal Rules omit "as defined in regulation 5 of the Road Safety (Vehicles) Regulations 2009". (3) In the note at the foot of rule 311(1) of the Principal Rules, for "Oversize vehicle is" substitute "Oversize vehicle and escort vehicle are". r. 13 -- 7 of 9 -- S.R. No. 7/2010 Road Safety Road Rules (Enforcement Vehicles and Escort Vehicles) Amendment Rules 2010 7 15 Dictionary (1) In the dictionary to the Principal Rules, paragraph (e) of the definition of emergency vehicle is revoked. (2) In the dictionary to the Principal Rules, insert the following definitions— "enforcement vehicle means a vehicle being used to convey an officer of the Corporation or of the Department of Transport engaged in connection with the enforcement of the— (a) Accident Towing Services Act 2007; or (b) Bus Safety Act 2009; or (c) Rail Safety Act 2006; or (d) Road Management Act 2004; or (e) Road Safety Act 1986; or (f) Transport Act 1983; enforcement vehicle worker means the driver of, or passenger in, an enforcement vehicle; escort vehicle has the same meaning as it has in regulation 5 of the Road Safety (Vehicles) Regulations 2009; escort vehicle worker means the driver of, or passenger in, an escort vehicle;". ═══════════════ r. 15 -- 8 of 9 -- S.R. No. 7/2010 Road Safety Road Rules (Enforcement Vehicles and Escort Vehicles) Amendment Rules 2010 8 ENDNOTES 1 Rule 3: S.R. No. 94/2009 as amended by S.R. Nos 116/2009, 137/2009 and 140/2009. Endnotes -- 9 of 9 --