Australian Road Rules 11th Amendment Package
Explanation of Amendments
and
Draft Amendments
August 2015
National Transport Commission
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Australian Road Rules 11 Amendment Package
Report prepared by: National Transport Commission
ISBN: 978-1-921604-82-9
Report outline
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Title:
Australian Road Rules 11 Amendment Package
Type of report:
Explanation of proposed amendments to the
Australian Road Rules
Purpose:
For approval by the Transport and Infrastructure
Council
Abstract:
An explanation of proposed miscellaneous
amendments to the Australian Road Rules. The
proposed changes, in most instances, reflect and
legally recognise current community and driver
behaviour by clarifying existing rules. The proposed
changes are expected to improve road safety, remove
unnecessary burdens from road users, and give better
effect to the intent of the Rules.
Milestones:
Public consultation period 5 August 2015 – 3
September 2015.
Consideration by TISOC on 18 September 2015
Subject to TISOC endorsement, consideration by the
Transport and Infrastructure Council on 6 November
2015.
Key words:
Child restraint, road rules, visual display units,
warning triangles, seatbelts, mobile phones
Contact:
National Transport Commission
L 15/ 628 Bourke Street
Melbourne VIC 3000
Ph: (03) 9236 5000
Email: [email protected]
www.ntc.gov.au
Australian Road Rules 11th Amendment Package - Explanation of Amendments August 2015
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1. Executive summary
The Rules were created to provide a single national set of rules to govern the
behaviour of road users in Australia. The Rules require ongoing consideration and
review to ensure that they remain current and consistent. To this end there is an
Australian Road Rules Maintenance Strategy, which was endorsed by the then
Australian Transport Council in 1999. The 11th Package of amendments to the
Rules (“the 11th Amendment Package”) has been developed in accordance with
that strategy. The NTC will seek approval of the package by the Transport and
Infrastructure Council, which succeeds the Australian Transport Council.
The Rules also cater for the needs of police and emergency services by balancing
their operational requirements with necessary safeguards to deliver improved road
safety for all road users.
The National Transport Commission (the “Commission”) has developed the 11th
Amendment Package with the assistance of the Australian Road Rules
Maintenance Advisory Group. The Group includes representatives from road
agencies and police from each of the states and territories across Australia, as
well as the Commonwealth. Most of the amendments in the 11th Amendment
Package were originally proposed by the members of that Group.
As with all amendment packages, the amendments in the 11th Amendment
Package will only take effect in each state or territory once they are adopted into
the law of that state or territory. This means that a state or territory must pass a
law adopting the amendments before the amendments will apply in that state or
territory.
The Commission considers that none of the amendments that it has proposed to
make in the 11th Amendment Package will introduce any significant costs. Any
costs that will be incurred in implementing the proposed changes will be low and
will fall almost entirely on road agencies and the police. Implementation costs will
mainly relate to general costs associated with making changes to regulations and
community and stakeholder education regarding the changes.
It is not anticipated that the proposed changes will have a significant impact on
road users as, in many instances, the amendments reflect and legally recognise
current safe community and driver behaviour by clarifying existing rules.
It is expected that the proposed amendments will contribute to improving road
safety for all road users.
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Australian Road Rules 11th Amendment Package - Explanation of Amendments August 2015
Contents
Report outline
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1.
Executive summary
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2.
Explanation of amendments
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2.1 Rule 3 – Object of the Australian Road Rules
2.2 Rule 98 – One-way signs
2.3 Rule 99 – Keep left & Keep right signs
2.4 Rules 163, 164 and 164A – directions to proceed past stopped trams
2.5 Rules 245 – Riding a bicycle
2.6 Rule 250 – Riding on footpath or shared path
2.7 New Rule 262A – Cyclists proceeding at red/yellow traffic lights
2.8 Rule 266 – Wearing of seatbelts by passengers under 16 years old
2.9 Rule 267 – Exemptions from wearing seatbelts
2.10 Rule 270 – Wearing motor bike helmets
2.11 Rule 271 – Riding on motor bikes
2.12 Rule 299 – Television receivers and visual display units in motor vehicles
2.13 Rule 300 – Use of mobile phones
2.14 Dictionary – medical certificate
2.15 Dictionary – medical practitioner
2.16 Dictionary – turning lane
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Australian Road Rules (11 ) Draft Amendments
Australian Road Rules 11th Amendment Package - Explanation of Amendments August 2015
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2. Explanation of amendments
2.1
Rule 3 – Object of the Australian Road Rules
Rule 3 sets out the object of the Australian Road Rules. In 2013, the NTC prepared a review of the
Australian Road Rules and the Australian Vehicle Standards Rules. As a result of this review, the
NTC recommended to update the object of the Australian Road Rules. This recommendation was
endorsed by the Transport and Infrastructure Council in November 2013.
The proposed amendment will amend the object of the Australian Road Rules to provide uniform
rules throughout Australia for all road users as well as specify behaviour for all road users that
supports the safe and efficient use of roads in Australia.
2.2
Rule 98 – One-way signs
Rule 98 requires drivers and riders to only proceed in the direction indicated by a one way sign.
The rule excludes the rider of a motor bike that is a postal vehicle, the rider of a bicycle or the rider
of an animal, if the rider is riding on a footpath, nature strip or shared path adjacent to the road to
which a one way sign applies.
Currently, the exemptions do not extend to a rider (as listed) who is riding on a bicycle path or
separated footpath. As a result, riders on either a bicycle or separated path are compelled to ride in
the same direction as the adjacent traffic by virtue of a one way sign.
The proposed amendment will exempt a rider (as listed) who is riding on a bicycle path or
separated footpath from the requirement to ride in the same direction as indicated by a one way
sign, in the same manner as current exemptions under the rule.
2.3
Rule 99 – Keep left & Keep right signs
Rule 99 requires drivers and riders to proceed to the left or right of either keep left or keep right
signs respectively.
The rule excludes the rider of a motor bike that is a postal vehicle, the rider of a bicycle or the rider
of an animal, if the rider is riding on a footpath, nature strip or shared path adjacent to the road to
which either a one way, keep left or keep right sign applies.
Currently the exemptions do not extend to a rider (as listed) who is riding on a bicycle path or
separated footpath. As a result, riders on either a bicycle or separated path are compelled to ride in
the same direction as the adjacent traffic by virtue of a keep left or keep right sign.
The proposed amendment will exempt a rider (as listed) who is riding on a bicycle path or
separated footpath from the requirement to ride in the same direction as indicated by a keep left or
keep right sign, in the same manner as current exemptions under the rule.
2.4
Rules 163, 164 and 164A – directions to proceed past stopped trams
There are a number of rules that refer to powers of authorised persons and police officers to give
directions and request information (see, for example, Rules 226(2), 267(4) and 304(1)).
Rules 163, 164 and 164A, however, refer only to directions by an authorised person. These Rules
do not include police officers as being able to give directions to drivers to proceed past a stopped
tram.
The proposed amendments will clarify that police officers are able to give directions to drivers to
proceed past a stopped tram, specifically Rules 163, 164 and 164A.
2.5
Rules 245 – Riding a bicycle
Rule 245 requires that cyclists sit (astride) at all times while riding. However, it is normal practice
for cyclists to ride standing on the pedals, for example while cycling uphill.
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Australian Road Rules 11th Amendment Package - Explanation of Amendments August 2015
The proposed amendment will align the road rules with current cycling practices.
2.6
Rule 250 – Riding on footpath or shared path
The application of Rule 250 varies across jurisdictions. The proposed amendments will provide a
consistent approach and minimum standard across jurisdictions for:
 riders with a medical condition by creating an exemption to Rule 250(1) which would allow
riders over the age of 12, with a medical condition to ride on the footpath, provided they
carry a medical certificate signed by a medical practitioner, while riding; and
 a rider over the age of 12 who is accompanying a rider carrying a medical certificate or a
child under the age of 12 so that they are also exempt from Rule 250(1) and allowed to ride
on the footpath.
2.7
New Rule 262A – Cyclists proceeding at red/yellow traffic lights
The Rules do not currently provide an exemption for cyclists to disobey a red/yellow traffic light
when faced with a green bicycle light. Where a cyclist enters an intersection on a green bicycle
light it is possible that the traffic lights for the same direction of travel are red or yellow leading to
confusion for not only bicycle riders but drivers as well.
A new rule will be inserted that will allow cyclists to proceed at a red or yellow traffic light, when a
green bicycle light is displayed.
2.8
Rule 266 – Wearing of seatbelts by passengers under 16 years old
Rule 266 does not provide for children with a disability or medical condition to be restrained
appropriately if in the opinion of a medical practitioner they should be using a child restraint
specifically designed for use by a child with a particular medical condition.
The proposed amendments will address this, by allowing a person who is under the age of 7 to be
exempt from the requirement to be restrained in an approved child restraint or be placed on a
booster seat providing the vehicle’s driver is carrying a medical certificate that:
 has been signed by a medical practitioner; and
 states that the child would be safer if they were restrained in a child restraint that has been
designed for, and is suitable for use by, that child or a child with the same medical
condition.
The Rule also restricts children under 7 years of age from sitting in the front row of a vehicle. It may
be necessary for a child with a medical condition or disability to travel in the front seat of a vehicle
with rear rows. This could be due to respirator needs or the fitment of a plaster cast.
The proposed amendments will allow a child under 7 years of age to sit in the front row of a vehicle
if deemed necessary by a medical practitioner. The exemption will only apply if the vehicle’s driver
is carrying a medical certificate that:
 has been signed by a medical practitioner; and
 states that the child should be in the front row of the vehicle due to a medical condition.
These amendments are similar to existing exemptions from wearing seatbelts in Rule 267.
2.9
Rule 267 – Exemptions from wearing seatbelts
To assist with interpretation, minor and mechanical amendments have been made to the structure
of Rule 267 to better align the drafting with Rule 266.
2.10
Rule 270 – Wearing motor bike helmets
Rule 270 requires a person to wear a helmet when pushing a motor bike.
The proposed amendment will update Rule 270 so that a person pushing a motorbike, where the
engine is not running, is not required to wear a helmet if it is safe to do so.
2.11
Rule 271 – Riding on motor bikes
Rule 271 requires the rider of a motor bike that is moving but not parked to sit astride the rider’s
seat at all times, and to keep both feet on the footrests at all times if the bike is moving.
Australian Road Rules 11th Amendment Package - Explanation of Amendments August 2015
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Currently, the Rule may present risks. There are some instances where a rider needs to stand on
the footrests of a motorcycle, or remove a foot from a footrest, such as stretching to relieve leg
cramps in areas where it is problematic to pull over. Being permitted to stand will also enable riders
to maintain better control on less than perfect roads, such as roads that have pot holes, loose
gravel or bumps.
Equivalent amendments have been made to allow the rider of a motor bike that has a footboard,
more commonly known as a scooter, to stand on the footboard or remove a foot from the
footboard.
These amendments will align the ARRs with safe riding practices.
2.12 Rule 299 – Television receivers and visual display units in motor
vehicles
The proposed amendment to Rule 299 is minor and mechanical, in nature, and will align the
drafting of Rule 299 with Rule 300 by removing the word ‘motor’ from subrule (1).
2.13
Rule 300 – Use of mobile phones
Driver distraction is a road safety issue. While it has always been present to some degree, the
rapid development of new technologies means distraction is an escalating problem.
Rule 300 permits the driver of a vehicle to use a mobile phone to make or receive a phone call in
certain circumstances. It is proposed to amend Rule 300 to clarify that only audio calls may be
made and not any other types of calls - more specifically video calls.
2.14
Dictionary – medical certificate
A definition of medical certificate is required in the dictionary as a result of amendments proposed
to Rules 266 and 267.
2.15
Dictionary – medical practitioner
A definition of medical practitioner is required in the dictionary as a result of amendments proposed
to Rules 266 and 267.
2.16
Dictionary – turning lane
The definition of turning lane requires a minor and mechanical amendment to the font of some text
and the removal of an incorrect reference in the note.
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Australian Road Rules 11th Amendment Package - Explanation of Amendments August 2015