Australian Road Rules 10th amendment package
Explanation of amendments
July 2013
National Transport Commission
th
Australian Road Rules 10 Amendment Package for public consultation
Report prepared by: National Transport Commission
ISBN: 978-1-921604-45-4
Report outline
th
Title:
Australian Road Rules 10 Amendment Package
Type of report:
Explanation of proposed amendments to the
Australian Road Rules
Purpose:
For public consultation
Abstract:
An explanation of proposed miscellaneous
amendments to the Australian Road Rules. The
proposed changes, in many instances, reflect and
legally recognise current community and driver
behaviour by clarifying existing rules. The proposed
changes are expected to improve road safety and give
better effect to the intent of the Rules.
Submission details:
Submissions will be accepted until 4 September 2013
online at www.ntc.gov.au or by mail to:
th
Att: Australian Road Rules 10 Amendment Package
National Transport Commission
L15/628 Bourke Street
Melbourne VIC 3000
Key milestones:
Public consultation period 31 July 2013 – 4
September 2013
Submission to TISOC on 15 October 2013
Submission to Standing Council of Transport and
Infrastructure on 15 November 2013
Key words:
Child restraint, road rules, visual display units,
warning triangles, seatbelts, mobile phones, bicycle
crossings, dividing line
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 10th Amendment Package - Explanation of Amendments July 2013
i
How to make a submission to the NTC
Who can make a submission?
Any individual or organisation can make a submission to the NTC.
How to submit
To make an online submission please visit the NTC homepage (www.ntc.gov.au) and select “Make a
submission to the NTC” from the News & Publications menu.
th
Alternatively, you can mail your comments to: Att: Australian Road Rules 10 Amendment Package,
National Transport Commission, Level 15/628 Bourke Street, MELBOURNE VIC 3000.
Where possible, you should provide evidence, such as data and documentation, to support your
views.
Publication of submissions
Unless submissions clearly request otherwise, all submissions will be published online. Submissions
that contain defamatory or offensive content will not be published. The Freedom of Information Act
1982 (Cwlth) applies to the NTC.
Australian Road Rules 10th Amendment Package - Explanation of Amendments July 2013
i
Foreword
The National Transport Commission (NTC) is an independent statutory body
established by the National Transport Commission Act 2003. The Commission has
ongoing responsibilities to develop and maintain uniform or nationally consistent road,
rail and intermodal transport reforms to improve safety, productivity and
environmental outcomes.
The Australian Road Rules (the Rules) were developed by the NTC’s predecessor,
the National Road Transport Commission, in consultation with road transport
agencies, police, road safety experts, motoring organisations, local government,
members of the public and other interested parties. The Rules were approved by
the Australian Transport Council in January 1999, along with a maintenance
strategy to ensure that they continued to reflect the needs of stakeholders and
meet community expectations for road safety.
Since the national implementation of the Rules, state and territory road agencies
have highlighted some aspects of the Rules that require improvement or updating
to take account of subsequent innovations in engineering or technology that
impact on drivers. This is the 10th package of amendments to the Rules, and has
been developed by the NTC in line with the approved maintenance strategy.
This amendment package includes amendments that clarify existing rules, create
consistency within the Rules or remove ambiguity. An example of creating
consistency can be found in the proposed amendments to rules 260 and 261,
which relate to red and yellow bicycle crossing lights. The amendments will bring
those rules into line with similar rules that already apply to pedestrians. With
respect to removing ambiguity, the amendment to rule 120 will make it clearer
exactly what constitutes a level crossing by specifying that such crossings include
the cross-hatched area immediately adjacent to the crossing.
In addition, a number of the amendments are motivated by the need for the Rules
to remain current in the light of new technology and community expectations.
Some examples of these types of amendments include the amendments to rules
299 and 300, which will provide for the use of driver’s aids (such as GPS) on
mobile phones.
The NTC acknowledges the advice and assistance of the Australian Road Rules
Maintenance Group in preparing this package of amendments.
Greg Martin PSM
Chairman
Australian Road Rules 10th Amendment Package - Explanation of Amendments July 2013
iii
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 scrutiny to ensure that they remain
current and consistent. To this end there is an Australian Road Rules Maintenance Strategy, which
th
was endorsed by the then Australian Transport Council in 1999. The 10 Package of amendments
th
to the Rules (“the 10 Amendment Package”) has been developed in accordance with that
strategy. The NTC will seek approval of the package by the Standing Council on Transport and
Infrastructure, which succeeded 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 ensure road safety for all road users.
th
The National Transport Commission (the “Commission”) has developed the 10 Amendment
Package with the assistance of the Australian Road Rules Maintenance Group. The Maintenance
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 Package
were originally proposed by the members of that Group.
th
As with all of the Rules Amendment Packages, the amendments in the 10 Amendment Package
will only take effect once they are adopted into the law of each 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 10
Amendment Package will result in the incurring of any significant costs. Any costs that will be
incurred in implementing the proposed changes will be low, will fall almost entirely on road
agencies and the police, and will mainly relate to regulatory change and education.
th
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 community and driver
behaviour by clarifying existing rules.
It is expected that the proposed amendments will improve road safety.
Key changes proposed include:

Rule 70 – giving way at a give way sign at a bridge or length of narrow road: to amend the
rule to make it clear that a driver at a give way sign must give way to any oncoming vehicle
already on or approaching a bridge or narrow length of road.

Rule 120 – what is a level crossing: to expand the definition of level crossing to include all
of the area marked by yellow cross-hatching where that area also includes an area which
complies with either rule 120 (1)(a) or rule 120 (1)(b).

Rule 134 – exemptions to keeping to the left of a dividing line: two amendments: (1) to
clarify that a driver may cross a dividing line to park in angle parking on the opposite side
of the road; and (2) to allow road users to cross two parallel broken dividing lines.

Rule 138 – keeping off a painted island: to amend the rule to make it consistent with rule
134, making it possible for drivers to turn across a painted island to enter a part of the road
of one kind from a part of the road of another kind; or, to access angle parking on the
opposite side of the road.

Rule 147 – moving from one marked lane to another marked lane across a continuous line
separating the lanes: to amend the rule to allow drivers to cross a continuous line to drive
in the lane if the special purpose (e.g. part-time tram lane) is not operative at the time.
iv

Rule 153(4) – bicycle lanes: to clarify that road markings, and not only signs, can be used
to commence or end a bicycle lane (the marking comprising a white painted bicycle symbol
and the word “lane”, and including the word “end” as appropriate).

Rules 171 and 172 – stopping on crossings: to make it clear that drivers who enter a
crossing (such as a children’s or pedestrian) in accordance with rule 128A may stop on the
crossing if that becomes necessary because the crossing or the road beyond the crossing
is blocked.

Rule 197 – stopping on a path, dividing strip, nature strip, or painted island: to make it clear
that drivers are prohibited from stopping (parking) on traffic islands (excluding bicycles).

Rule 227 – using portable warning triangles: to make an amendment to the rule which
clarifies that, for the purposes of rule 227, a road will only be considered a divided road
where the median strip is formed by a structure and does not include a painted median
strip.

Rule 238 – pedestrian travelling along a road (except in or on a wheeled recreational
device or toy): to clarify that this rule does not apply to a shared zone.

Rule 260 – stopping for a red bicycle crossing light: to clarify the operation of the bicycle
crossing light rules and to ensure consistency throughout the Rules.

Rule 261 – stopping for a yellow bicycle crossing light: to clarify the operation of the bicycle
crossing light rules and to ensure consistency throughout the Rules.

Rules 265(2A) and 267(1B) – wearing of seatbelts by passengers: new rule allowing
passengers under 1 year old to sit on the lap of another passenger when travelling in a
public minibus, taxi or tow truck where no appropriate child restraint is available for use.

Rules 265(4) and 266(1A) – wearing of seatbelts by passengers: new rule removing
responsibility from the driver of a correctional, juvenile justice or sheriff’s vehicle for a
passenger who does not wear a seatbelt.

Rule 266(2B) – wearing seatbelts by passengers under 16 years old: to prohibit the use of
a booster seat with a lap belt only, and to clarify that when a booster seat is used it must
be used with either a lap and sash type of approved seatbelt or an approved child safety
harness.

Rule 267(2) – exemptions from wearing seatbelts: to remove the exemption for children
under the age of 7 years old from wearing a seatbelt in a vehicle which is travelling at
25km/h or less and the passengers are undertaking frequent pick up or delivery.

Rule 271 – riding on motorbikes: to allow a rider to remove his/her feet from the footrest to
manoeuvre the vehicle, such as reversing the bike into a parking space, or when the motor
bike (at low speed <10km/h) is decelerating to come to a rest, or accelerating from a rest.
To further allow a rider to remove both hands off the handlebars when the bike is stationary
but not parked.

Rules 288, 289 and 313 – postal vehicle exemption: to ensure consistency in the
application of exemptions for postal vehicles by creating uniformity; and to make it clear
that where the postal vehicle comprises a motorcycle (with or without a trailer), the postal
worker rider is exempt from the rules against riding on a path or nature strip where the
postal worker rider complies with the specified conditions.

Rule 299(2) – television receivers and visual display units in motor vehicles: to amend the
rule to clarify that a person may use a driver’s aid function on a mobile phone, such as a
navigational device, provided that the existing requirements are met and the driver does
not touch the phone to use the driver’s aid on the mobile phone while driving.
Australian Road Rules 10th Amendment Package - Explanation of Amendments July 2013
v

Rule 300 – use of mobile phone: to clarify that a driver may use driver aid functions, such a
GPS application, on a mobile phone where the existing use requirements are met and the
driver does not touch the phone while driving.

Dictionary – definition of bicycle: to amend the definition to include power-assisted pedal
cycles as defined under the Motor Vehicle Standards Act 1989 (Cwlth), pursuant to recent
amendments to allow for vehicles referred to as pedalecs to be regarded as bicycles and
not motor vehicles.

Dictionary – definition of postal worker: to provide a uniform definition to include both
employees and contractors of Australia Post engaged in the delivery of parcel and/or letter
mail.

Dictionary – definition of slip lane: to amend the definition to include “but not a median
strip”.

Dictionary – definition of turning lane: to amend the definition to include lanes for U-turns,
allowing drivers to cross a single lane around a painted island to enter a turning lane,
including a left, right or U-turn turning lane.
It should be noted that this summary is not comprehensive – it omits several minor
amendments.
vi
Contents
Foreword
iii
1.
Executive summary
iv
2.
Explanation of amendments
2
2.1 Rule 70 – Giving way at a give way sign at a bridge or length of narrow road
Figure 1. Type of chicane affected by proposed amendment
2.2 Rule 120 – What is a level crossing?
2.3 Rule 134 – Exceptions to keeping to the left of a dividing line
2.4 Rule 138 – Keeping off a painted island
2.5 Rule 147 – Moving from one marked lane to another marked lane across a
continuous line separating the lanes
2.6 Rule 153 – Bicycle lanes
2.7 Rules 171 and 172 – Stopping on crossings
2.8 Rule 197 – Stopping on a path, dividing strip, nature strip or painted island
2.9 Rule 227 – Using portable warning triangles
2.10 Rule 238 – Pedestrians travelling along a road (except in or on a wheeled
recreational device or toy)
2.11 Rules 260 and 261 – Stopping for a red/yellow bicycle crossing light
2.12 Rules 265, 267– Wearing of seatbelts by passengers
Ensuring that a lap-only seatbelt cannot be used with a booster seat
Removing an exemption allowing children younger than 7 years of age to not wear
seat belts in slow-moving vehicles used for deliveries or garbage collection
2.13 Rule 271 – Riding on motorbikes
2.14 Rules 288, 289 and 313 – Postal vehicle exemptions for riding on footpaths and
nature strips
2.15 Rule 299 – Television receivers and visual display units in motor vehicles
2.16 Rule 300 – Use of mobile phones
2.17 Dictionary: Definition of bicycle
2.18 Dictionary: Definition of slip lane
2.19 Dictionary: Definition of turning lane
2
2
3
3
4
4
5
6
6
7
7
8
8
9
9
10
10
11
11
11
12
13
List of figures
Figure 1.Type of chicane affected by proposed amendment – example 1.
Figure 2. Type of chicane affected by proposed amendment – example 2.
Figure 3. Bicycle lanes and intersections – example 1.
Figure 4. Bicycle lanes and intersections – example 2.
Australian Road Rules 10th Amendment Package - Explanation of Amendments July 2013
2
2
5
6
1
2. Explanation of amendments
2.1 Rule 70 – Giving way at a give way sign at a bridge or length of narrow road
An issue has arisen relating to the requirements as to which driver must give way when vehicles
approach a chicane (or single lane bridge or stretch of narrow road) from opposing directions.
Short narrow chicanes are used by road traffic authorities to slow and calm the flow of traffic.
These devices usually have a short narrow stretch of road with a give way sign placed at one end.
Uncertainty exists because under the current rules, a driver is only required to give way to vehicles
that are on the bridge or narrow length of road, meaning that a driver waiting at a give way sign
does not have to give way to any vehicle approaching the device from the opposite direction.
This was not the original intention of the rule. The rule was meant to work in a similar way to rule
69(2) which provides for giving way at a give way sign or a line at an intersection.
It is proposed to amend rule 70 so that it is aligned with its original intention, which was that
vehicles facing a give way sign at a bridge, narrow length of road or chicane should be required to
give way to any vehicles coming from the opposite direction, already on or approaching the
chicane.
The following two photographs depict the type of chicane that this amendment will affect.
Figure 1. Type of chicane affected by proposed amendment
Figure 2. Type of chicane affected by proposed amendment
2
Australian Road Rules 10th Amendment Package - Explanation of Amendments July 2013
2.2 Rule 120 – What is a level crossing?
A number of level crossings have areas of painted cross-hatching in the immediate vicinity of the
level crossing. The cross-hatching is intended to mark an area that drivers should not enter unless
they are certain that they will not have to stop in the area.
The purpose of this amendment is to bring the law into line with the community understanding that
the cross-hatched area forms part of the level crossing and serves to delineate the crossing from
the road itself. The amendment to rule 120 clarifies that the cross-hatched area adjacent to the
crossing is to be treated legally as part of the level crossing.
This amendment should have the positive effect of increasing safety for road and rail users.
2.3 Rule 134 – Exceptions to keeping to the left of a dividing line
Crossing a dividing line to park in angle parking on the opposite side of the road
Rule 134 provides for when drivers may cross a dividing line. The proposed amendment makes it
clear that a driver may cross a dividing line to park in angle parking across the road, provided that
in doing so the driver is not required to do a U-turn.
The existing language of rule 134 is unclear whether or not a driver can make such a turn in
accordance with rule 134(3). The lack of clarity stems from the issue as to whether the parking
area is considered “a part of the road of another kind”. Under the current rule, a driver may cross
the dividing line to enter a part of the road of one kind from a part of the road of another kind (for
example, moving, to or from, a service road or emergency stopping lane). This amendment makes
it clear that such a manoeuvre is acceptable. Clarity is beneficial for members of the community,
local councils and road authorities.
Wide centre lines – two parallel broken lines which together form a dividing line
Rule 134 allows exemptions for drivers to cross a dividing line under certain specified
circumstances. The proposal allows road users to cross two parallel broken dividing lines. The
Rules currently provide for dividing lines to include two parallel lines (whether broken or
continuous) in the definition of “dividing line”. However, the exceptions contained in rule 134 for
keeping to the left of a dividing line make no provision for crossing two parallel broken lines which
together form a dividing line.
The issue surrounding the need for road users to be able to cross two broken parallel dividing lines
arose out of a recent study on the Newell Highway conducted by the NSW Centre for Road Safety.
Previous relevant research and the crash history relating to the Newell Highway suggested that
audio-tactile centrelines spaced wide apart would improve safety. Although they are spaced wide
apart, the new markings allow overtaking where it is safe but prohibit overtaking elsewhere, in the
same way as common centreline markings. The audio-tactile markings were installed at two sites
on the Newell Highway, at West Wyalong and Parkes. The evaluation was based on site
observations, speed data, discussion with local road users and camera footage.
During the trial, public reaction was generally favourable, with drivers feeling safer with the
separation of traffic lanes. There was a reduction in mean speeds, except by heavy vehicles at the
Parkes trial site. Drivers were much more likely to keep wholly within their lane.
The centrelines used in the trial are a similar width to those commonly used, although placed
further apart. The road rules apply to these centrelines in the same way as other centrelines. The
difference is that there is a 0.8 metre gap between the lines. Where the centrelines are broken
(overtaking allowed), they are six metres long with a six metre gap between each. Audio-tactile
edge lines were also installed.
However, as with the Newell Highway trial, a community awareness campaign and signage are
necessary to minimise possible confusion for some drivers and create community awareness about
the rules concerning the use of the wide centrelines.
Australian Road Rules 10th Amendment Package - Explanation of Amendments July 2013
3
The parallel lines have a wider gap between them than is frequently used between parallel lines.
However, the rules do not specify a distance, and in observing the two broken dividing lines it is
clear that the area between them is not a lane. The definition of a lane is contained in the
dictionary. The relevant part of the definition is a “marked lane” which refers to an area of road
marked by continuous or broken lines designed for use by a single line of vehicles. “Vehicle” is
defined in rule 15, and includes a motor vehicle.
The distance between the parallel broken lines is not wide enough to enable motor vehicles (such
as cars and trucks) to travel within them, and is not even wide enough to be designed for the use of
a vehicle such as a bicycle or motorcycle, as it less than the usual minimum width of 1.5 metres.
Therefore, it is not a lane. Also, the area between the broken lines is not intended to form a dividing
strip and is not an enclosed area, so the area between the broken lines remains outside of that
concept and retains its character as two parallel lines (broken), together forming a dividing line.
Clarity and certainty of road markings is highly desirable from a road safety perspective. It is clear
that the road markings used in the trial are intended to permit overtaking in one or both directions
at suitable locations. Further clarification of the Rules is desirable as it accommodates and
provides for this type of line marking as a dividing line. This amendment will provide the states and
territories with the option to use this type of lane marking where it is considered likely to increase
road user safety and decrease the likelihood of incidents causing injury and damage.
2.4 Rule 138 – Keeping off a painted island
Rule 134(3)(b) allows a driver to cross a single continuous line to enter or leave a part of the road
of one kind, from a part of the road of another kind. For example, a driver can cross a single
continuous line to move to, or from, a service road or emergency stopping lane.
However, rule 138(2) currently only allows a driver to cross a single continuous line around a
painted island to enter or leave the road, with no similar provision for entering or leaving a part of
the road of one to kind, to and from another kind. It is considered that rules 134 and 138 should be
consistent with each other in this context.
The proposed amendment would clarify uncertainties in the rules in relation to crossing a single
continuous line to enter “another part of the road”, and to make the requirement for a single line
around a painted island consistent with rule 134.
2.5 Rule 147 – Moving from one marked lane to another marked lane across a
continuous line separating the lanes
This issue came to light due to the fact that a driver may drive in a tram lane if permitted under rule
155 or rule 158. A tram lane (including a part-time tram lane) is designated by a tram lane sign and
marked with a continuous yellow line parallel to the tracks. Under the provisions of rule 317, tram
lanes may be limited in their operation so that they only operate or apply at certain times.
Drivers may drive in a part-time tram lane outside the tram lane operating hours indicated on the
tram lane sign. Outside the hours of operation, part-time tram lanes operate as normal driving
lanes shared with trams. They are designated by a yellow continuous line on one side and a centre
dividing line on the other, and are intended for use by a single line of vehicles.
However, rule 147 currently prohibits a driver on a multi-lane road from moving from one marked
lane to another marked lane by crossing a continuous line separating the lanes unless permitted by
the rule. Under 147(d), a driver may cross into a special purpose lane (e.g. tram lane) as permitted,
but would not be able to cross the continuous lane line when the part-time special purpose lane is
not operating.
This has created an anomaly, as it was intended that drivers can cross a continuous lane line to
drive in a special purpose lane when it is not operating as a special purpose lane. The proposed
amendment will remove this unintended anomaly in the Rules, reduce driver confusion, and avoid
unintended infringements under rule 147.
4
Australian Road Rules 10th Amendment Package - Explanation of Amendments July 2013
2.6 Rule 153 – Bicycle lanes
The definition of bicycle lane in rule 153(4)(b)(ii) makes it clear that a bicycle lane ends at an
intersection, unless broken lines continue the lane across the intersection. A bicycle lane is the only
special purpose lane that has such restrictions. For example, bus lanes and transit lanes continue
through all intersections they pass through without any additional signs or markings.
The consequence of this subrule is that if a bicycle lane is to legitimately continue beyond an
intersection, another sign must be installed after the intersection. This is the case even if it is
obvious that the bicycle lane is intended to continue.
The original proposer of this amendment believes it is an unnecessary waste of resources for the
Rules to insist on a bicycle lane sign after every intersection, and therefore this requirement should
be removed. The road design manuals used by engineers treat bicycle lanes as unique in
appearance, when compared to other road uses. The use of bicycle lane pavement symbols and
green surfacing are becoming commonplace on thousands of streets across Australia.
This proposal would provide a higher level of consistency in relation to the rules for special purpose
lanes; reduce the cost for road authorities in developing infrastructure for bicycles, as well as
legally establish many bicycle lanes that currently fall outside the definition simply because a sign
has not been installed. The amendment to rule 153(4) would make it clear that a bicycle lane can
begin at a bicycle lane sign applying to the lane or a road marking comprising both a white bicycle
symbol and the word “lane” painted in white. Similarly, a bicycle lane could end either by way of an
end bicycle lane sign or a road marking comprising both a white bicycle symbol and the words “end
lane” painted in white, as well as the other ways for ending a bicycle lane provided in rule 153(4).
The following two photographs depict instances where a sign should not be required to establish a
continuing bicycle lane.
Figure 3. Bicycle lanes and intersections
Australian Road Rules 10th Amendment Package - Explanation of Amendments July 2013
5
Figure 4. Bicycle lanes and intersections
2.7 Rules 171 and 172 – Stopping on crossings
Rule 128A provides that a driver must not enter a children’s crossing, marked foot crossing or
pedestrian crossing if the crossing or the road beyond the crossing is blocked. The intent of this
rule is to ensure that vehicles do not enter and then have to stop on the crossing and potentially
cause a hazard to pedestrians.
th
The 9 Rules Amendment Package provided an exception to this rule if certain conditions were
met in relation to a children’s crossing or a pedestrian crossing. However, concern has been
expressed that this amendment does not override rules 171 and 172, which prohibit a driver from
stopping on a children’s crossing or a pedestrian crossing. An amendment has been inserted into
each of rules 171 and 172 to make it clear that drivers who enter a crossing as permitted by rule
128A may stop on the crossing if that becomes necessary.
2.8 Rule 197 – Stopping on a path, dividing strip, nature strip or painted island
Rule 197(1) provides that a driver must not stop (which includes “park”) on a dividing strip
th
(amongst other places). In the 5 Australian Road Rules Amendment Package (item 4.38), rule
197 was amended to include a new rule 197(1A) which provides that a driver must not stop (or
park) on a painted island. However, there is currently no rule that provides an offence for a driver
who stops or parks on a traffic island. It was not intended that drivers should be permitted to stop
(park) on a traffic island.
Rule 170(1) prohibits a driver from stopping in an intersection. While it is true that a roundabout is
an intersection, the definition of “intersection” in the Rules excludes any road-related area. An
illustration of the problem includes a situation where a driver parks on a central traffic island in a
roundabout. In that instance, the central traffic island in a roundabout is clearly a road-related area
within the meaning of the Rules, so it is not possible to apply rule 170(1) to the offence of stopping
(parking) on a central traffic island in a roundabout. Hence, an anomaly is created.
While rule 290 prohibits a driver from driving over a traffic island (unless the traffic island is
designed to allow this and the driver is permitted to drive on the traffic island under another law of
6
Australian Road Rules 10th Amendment Package - Explanation of Amendments July 2013
the jurisdiction) the rules do not prohibit a driver from stopping or parking on a traffic island,
including the central traffic island in a roundabout. A traffic island is defined as “a structure on a
road to direct traffic, but does not include a road marking or painted island”.
The proposed amendment is to amend rule 197 “Stopping on a path, dividing strip, nature strip or
painted island” to prohibit a driver from stopping (parking) on a traffic island, so that it will be
possible to prosecute drivers who park on traffic islands, including the central traffic island in a
roundabout, to enforce this provision. The prohibition will not apply to bicycles, which are currently
exempt from the similar prohibition applying to painted islands under rule 197(2), to ensure
consistency.
2.9 Rule 227 – Using portable warning triangles
Rule 227 requires a driver of a vehicle with a Gross Vehicle Mass over 12 tonnes to deploy at least
three portable warning triangles to warn other drivers if the vehicle is disabled or a load has fallen
from it. Two of the warning signs must be placed behind the vehicle or load, one must be placed
beside it, and one must be placed ahead of it. However, a sign need not be placed ahead of a
vehicle or load that is on a divided road. At present a divided road is defined in the rule as a twoway road that has a median strip.
The purpose behind the rule is to increase the safety of other road users by warning them of a
dangerous situation ahead. The idea behind excluding divided roads with median strips from the
requirements was that if there is a physical structure separating traffic travelling in opposite
directions, a warning sign for oncoming traffic achieves little.
However, under the Rules, median strips can consist solely of painted road markings. In that case,
oncoming traffic should be warned of a disabled vehicle or fallen load ahead, as it is possible for
oncoming traffic to enter the area in which the disabled vehicle or a fallen load is, in a way that is
not possible if the median strip consists of a physical barrier.
The amendment will clarify that for the purpose of this rule, a road is only treated as a divided road
if the separate lanes travelling in opposite directions are separated by a physical structure which
forms a median strip.
2.10 Rule 238 – Pedestrians travelling along a road (except in or on a wheeled
recreational device or toy)
Rule 238 indicates how a pedestrian must move along a road when it is impractical to travel along
the footpath or nature strip. This rule applies to roads but does not include road-related areas (as
per the definition in the rule).
A pedestrian travelling along a road must keep as far to the left or right side of the road as is
practicable and must, when moving forward, face approaching traffic that is moving in the direction
opposite to which the pedestrian is travelling, unless it is impracticable to do. Additionally, a
pedestrian must not travel on the road alongside more than one other pedestrian or vehicle
travelling on the road in the same direction as the pedestrian, unless the pedestrian is overtaking
other pedestrians.
Rule 24 defines shared zones, and includes both roads and road-related areas, but such zones are
mainly designated by “shared zone” signs and “end shared zone” signs.
The practice and understanding of pedestrians is that in a shared zone they are able to move freely
within the zone. This is reinforced by the shared zone signage which is used. However, while this
applies to road-related area shared zones, it does not apply in shared zones that are roads,
because rule 238 would apply in the latter case.
The objective of this proposed amendment is to ensure that the Rules are consistent for shared
zones on roads and shared zones on road-related areas. As the amendment will ensure the
expectations and behaviour of pedestrians is consistent in all shared zones (i.e. shared zones on
road-related areas and shared zones on roads) it will make shared zones on roads safer for all
Australian Road Rules 10th Amendment Package - Explanation of Amendments July 2013
7
road users. It will also be consistent with existing community expectations as to how the Rules
apply to pedestrians.
2.11 Rules 260 and 261 – Stopping for a red/yellow bicycle crossing light
The Rules relating to riders of bicycles stopping for a red bicycle crossing light (rule 260) and
stopping for a yellow bicycle crossing light (rule 261) have been amended to be consistent with the
rules which apply to pedestrians crossing at traffic lights. The amendments to rules 260 and 261
are required to create consistency within the Rules, which increases the likelihood of community
understanding and compliance with the Rules.
2.12 Rules 265, 267– Wearing of seatbelts by passengers
There are four different amendments proposed for seatbelts:
A.
Allowing a person 16 years or older to carry a child younger than one year on their lap where
the child is otherwise not required to be seated in an approved child restraint.
B.
Allowing drivers of vehicles carrying passengers 16 years or older to not be responsible for a
passenger failing to wear a seatbelt in a correctional, sheriff and juvenile justice vehicle.
C.
Ensuring that a lap-only seatbelt cannot be used with a booster seat.
D.
Removing an exemption allowing children younger than 7 years of age to not wear seat belts
in slow-moving vehicles used for deliveries or garbage collection.
Each of these amendments is discussed below.
Allowing a person 16 years or older to carry a child younger than one year on their lap
where the child is otherwise not required to be seated in an approved child restraint.
Rule 266(5) provides an exemption for a driver of a public minibus or taxi from rules 266(2),
266(2A) and 266(2B) which set out the specific requirements for the restraint of children up to 7
years old, in particular, relating to the use of approved child restraints. Rule 266, which provides for
the requirements for child passengers to be appropriately restrained, does not apply to bus drivers
under rule 266(1).
th
An amendment in the 9 Package of Amendments provided that child passengers in taxis and
public minibuses between the ages of 1 and 7 years must be restrained in an approved seat belt
(an adult seat belt), under rule 266(5A), rather than approved child restraints in the following
circumstances: (1) if there is no suitable approved child restraint available in the taxi for the
passenger; (2) the child passenger is not in the front row of seats where the taxi has two or more
rows of seats; and (3) no other law of the relevant jurisdiction requires such passengers to be
restrained in an approved child restraint.
Rule 265(2)(b) provides that an adult passenger must not share a seating position with another
passenger. For most situations this rule is appropriate. However, the prohibition on an adult
passenger sharing a seating position presents a problem for infants (less than one year old)
travelling in taxis, or public minibuses, with an adult, where there is no approved child restraint.
The net effect of these rules is that, if no child restraint is available, a parent or guardian is legally
required to place a baby in its own seating position while travelling in a taxi, bus or public minibus.
In the event of a serious crash, there is no evidence to suggest that an infant is safer in the lap of
an adult than it would be unrestrained in a seating position. However, in the case of a low speed
crash or heavy braking, an unrestrained child placed in his or her own seating position has a much
higher risk of being ejected from the seat, and consequently injured.
8
Australian Road Rules 10th Amendment Package - Explanation of Amendments July 2013
The proposed amendment would provide an exemption for an adult passenger to keep an infant
under 1 year old on his or her lap while travelling as a passenger in a public minibus, taxi, or tow
truck where no suitable child restraint is provided.
The addition of tow trucks ensures that an infant can be legally transported from the accident or
breakdown site with the person(s) from the vehicle which requires towing, where they are being
transported in the tow truck.
Allowing drivers of vehicles carrying passengers 16 years or older to not be responsible for
a passenger failing to wear a seatbelt in a correctional, sheriff and juvenile justice vehicle.
In the course of their duties, drivers of correctional, sheriff and juvenile justice vehicles are required
to transport people and prisoners. The drivers have no means of ensuring their passengers wear a
seatbelt (particularly in the back of vans) if the passenger refuses to use one, as the transport may
not be voluntary on the part of the passenger. It is therefore unreasonable to impose on these
drivers the requirement that they not drive the vehicle unless all passengers are wearing a seatbelt.
The proposed amendment would exempt the driver of a correctional vehicle, juvenile justice
vehicle, or sheriff’s vehicle from responsibility for passengers using seatbelts. It retains any preexisting requirement for passengers to use a seat belt. Since all states and territories have these
types of vehicles for transporting people, a national uniform approach to exemption is desirable.
As the seatbelt rules make separate provision for those who are under 16 years old and those who
are 16 or older, two amendments are needed: one in relation to rule 265(3), which will apply in
relation to passengers over 16 years old; and a second amendment to rule 266, for passengers
under 16 years old. However, similar to the existing exemption for police and emergency services,
the exemption in the former case will be limited and will only apply in the following circumstances:
(1) if the vehicle has two or more rows of seats – the person is not in the front row of seats, or,
there is not a seating position available for the person in another row of seats; and (2) where the
vehicle has a caged or other secured area designed for the carriage of passengers – the person
occupies a seating position in that area.
The amendment will not impact on other legal obligations that the driver has in his or her role under
either the common law or other legislation, such as a duty of care. The driver will, of course, be
required to consider whether or not he or she is in compliance with other legislative obligations and
the relevant common law (such as duty of care) to transport the passenger (particularly in the case
of a juvenile) without a seatbelt in the particular circumstances.
Ensuring that a lap-only seatbelt cannot be used with a booster seat
Australian Standard AS/NZS1754 makes it clear that a child in a booster seat must not be
restrained with a lap belt only. If it is necessary to use a booster seat with a lap belt only then an
approved child safety harness should also be used to restrain the child.
This issue has been brought to the attention of the Commission by the Child Restraint Education
and Safe Travel (CREST) Committee of Queensland. This is a committee of stakeholders who
have an interest in child safety in motor vehicles.
The proposed amendment will bring rule 266 into line with the requirement of AS/NZS1754 by
requiring a booster seat to be used together with either an approved seatbelt comprising a lap and
sash belt or an approved child safety harness.
Removing an exemption allowing children younger than 7 years of age to not wear
seat belts in slow-moving vehicles used for deliveries or garbage collection
Under rule 267(2) children of any age are permitted to be unrestrained in a vehicle, provided the
vehicle is travelling at less than 25km/h and the passengers are undertaking frequent pick up or
th
delivery. This seems inconsistent with the spirit of the amendments in the 7 Amendment Package,
which recognised the extreme vulnerability of children in vehicles.
Australian Road Rules 10th Amendment Package - Explanation of Amendments July 2013
9
The proposed amendment would ensure that children under the age of 7 years travelling in
vehicles are appropriately restrained, regardless of the speed at which the vehicle is travelling.
2.13 Rule 271 – Riding on motorbikes
Rule 271 requires that a rider must ride with at least one hand on the handlebars and keep both
feet on the footrests when the motor bike is moving. An amendment is required to enable motor
bike riders to be able to remove their feet from the footrests if the motor bike is travelling at less
than 10km/h and the rider is either manoeuvring the motor bike for parking purposes; decelerating
to come to a stop; or accelerating from being stopped.
These amendments reflect the practical requirements for the safe riding of a motor bike. Also, an
amendment is being made to clarify that a rider must keep at least one hand on the handlebars if
the bike is moving. This is a change from the existing position where a rider had to keep one hand
on the handlebars even though the vehicle was stationary. This does not allow for a driver to
undertake any preliminary tasks, such as adjusting his or her helmet properly; and, is currently an
unreasonable restriction.
The amendments, while minor, will better reflect the practicalities of riding a motor bike while
retaining the requirements necessary for safety.
2.14 Rules 288, 289 and 313 – Postal vehicle exemptions for riding on footpaths
and nature strips
Australia Post is charged with the delivery of letter mail and parcels across Australia. In delivering
mail, Australia Post is undertaking a statutory function. Currently, rule 313 enables the states and
territories to provide that certain rules do not apply to a driver of a postal vehicle.
The national importance of the function of postal, telegraphic, telephonic, and similar services is
recognised in the Constitution of Australia, and remains a head of power reserved for the
Commonwealth. This highlights the importance of a central mail delivery function across Australia.
However, the actual process of delivery requires that Australia Post workers and contractors are
road users in the physical delivery of mail. Therefore, they are subject to each jurisdiction’s laws
governing road users. This amendment is specifically concerned with the delivery of mail and
parcels by Australia Post employees and contractors who are riding motorbikes.
The proposed amendment to rule 288 provides an exemption for postal workers to ride on paths if
the postal worker is riding a motorbike (with or without a trailer) where the motor bike is moving at
less than 10 kilometres an hour. Additional requirements are included in the amendment so that it
only applies in the circumstances where the driver gives way to pedestrians and other vehicles,
and takes reasonable precautions to avoid collision or danger or obstruction to any person or thing
on or next to the path. A similar amendment is proposed to rule 289 in relation to nature strips. The
definition of “postal worker” has also been amended to include both contractors and employees
acting in the course of their duties to deliver on behalf of Australia Post letter mail and parcels
within Australia.
The speed of 10km/h has been selected as Australia Post consider that, based on anecdotal
evidence, this is the speed limit necessary to enable the motor bike riders to remain properly
balanced and perform the riding function safely while retaining proper control of the bike. This
speed limit involves a balance of the safety of the postal worker and the importance of both proper
vehicle control and appropriate speed limits necessary to protect other users of footpaths and
nature strips. This speed limit is currently consistent with the speed at which motorised wheelchairs
may travel on footpaths in accordance with rule 288.
In most jurisdictions, the current exemption for postal workers using motor bikes requires that the
motor bike not have a power output of more than 110cc. This requirement is being amended to
allow for postal workers to ride motor bikes with a power output of up to 125cc, as these motor
bikes are more widely available and the increase in power does not materially affect the safe use of
10
Australian Road Rules 10th Amendment Package - Explanation of Amendments July 2013
the motor bike; especially when also subject to the 10km/h limit and requirements to give way to
other road users.
The amendment should provide consistency across the jurisdictions in relation to the national
function of delivery of mail and parcels across Australia.
2.15 Rule 299 – Television receivers and visual display units in motor vehicles
Rule 299(1) prohibits drivers from driving with a television receiver or visual display unit in or on the
vehicle and creates an offence. However, the rule does not apply where the television receiver or
visual display unit also comprises a driver’s aid and – in the case of vehicles other than motorbikes
– where the visual display unit is either an integrated part of the vehicle design, or is secured in a
mounting affixed to the vehicle under rule 299(2).
The proposed amendment aims to create consistency by bringing rule 299 in line with rule 300 so
that a visual display unit which comprises a driver’s aid includes one which is operating on a mobile
phone.
2.16 Rule 300 – Use of mobile phones
Rule 300 governs the use of a mobile phone, and provides that it is an offence to use a mobile
phone in a motor vehicle while the vehicle is moving, or is stationary but not parked, unless the
phone is being used to make or receive a phone call and is secured in an appropriate fixed
mounting. In no circumstances can the driver hold the mobile phone and use it.
Technology advances mean that many mobile phones, such as smart phones, now enable a single
device to have a number of functions co-located with a mobile phone, for example a phone can be
used to provide the functions of a phone and a GPS. However, the current combined effects of
rules 299 and 300 prevent the use of the GPS function or any other driver’s aid (such as a dispatch
system) co-located on a mobile phone. Rule 300 only enables a mobile phone to be used to make
or receive a phone call.
The effect of the current application of the Rules is that an individual who uses one or more driver’s
aids and a mobile phone would have a number of appropriately mounted devices, as well as a
mobile phone. In addition to creating confusion and potentially causing driver distraction, this
seems highly inconsistent and unreasonable. Additionally, a person driving for work purposes, for
example, a taxi driver, would need to have a number of devices (including a mobile phone, GPS
and dispatch system) individually operating and mounted which could provide a source of
distraction, as opposed to a single device providing a number of different functions.
The proposed amendment is to enable drivers to use driver’s aid functions (such as navigational
devices) co-located on a mobile phone, as long as the use of the phone does not require the driver
to press any thing on the body of the phone or otherwise to manipulate any part of the body of the
phone and the phone is secured in an appropriate fixed mounting. An important difference to the
current mobile phone rule is that an additional requirement which prohibits the driver from touching
the phone to use the driver’s aid function is imposed on a driver where the driver’s aid is located on
a mobile phone. The driver will still be able to touch the mobile phone when using it to make or
receive calls where the use as a phone complies with the requirements of rule 300.
This amendment enables drivers to take advantage of modern technology and use the driver’s aid
functions on their mobile phones and aligns the Rules better with community expectations that the
Rules will incorporate technological advances where appropriate.
2.17 Dictionary: Definition of bicycle
In May 2012, the Parliamentary Secretary for the Commonwealth Department of Infrastructure and
Transport advised that the Australian Motor Vehicle Certification Board (AMVCB) and the Strategic
Vehicle Safety and Environment Group (SVSEG) agreed to expand the definition of power-assisted
pedal cycles in the Australian Design Rules (ADRs).
Australian Road Rules 10th Amendment Package - Explanation of Amendments July 2013
11
The proposal is to amend the definition of bicycle in the Dictionary contained in the Rules to be
consistent with the amendment to the ADRs. The amendment to the ADRs has the effect of adding
to the definition of “bicycle” a “PEDALEC – a vehicle meeting European Committee for
Standardisation EN 15194:2009 or EN 15194:2009+A1:2011 Cycles – Electrically power assisted
cycles – EPAC Bicycles.”
The ADRs were amended in May 2012 to provide that Australia has an additional new electric
bicycle category using the European model of a “Pedalec” as per the EN15194 Standard. This
means that a bicycle can have a motor of 250 watts continuous rated power which must be
activated only by pedalling (if above 6km/h) and must cut out over 25km/h.
The proposed amendment to the Rules to the definition of “bicycle” will ensure that the Rules both
now, and in the future, are consistent with the ADRs going forward, as the amendment also refers
to the ADRs as amended from time to time. This amendment to the Rules will not affect the
definition of bicycle for the purpose of other laws such as motor vehicle registration and driver
licensing laws. These definitions may also be changed as a consequence of the ADR amendment
but riders of these pedalecs will need to make their own enquiries with registration and licensing
authorities to determine whether their vehicle is a bicycle or motorcycle for the purpose of these
other laws.
2.18 Dictionary: Definition of slip lane
The Australian Road Rules Maintenance Group has observed that an anomaly exists within the
definition of “slip lane”, which is currently as follows.
“Slip lane means an area of road for vehicles turning left that is separated, at some point, from
other parts of the road by a painted island or traffic island.”
A painted island or traffic island can be used on a road as both a median strip and a dividing strip.
A dividing strip generally separates traffic travelling in the same direction, while a median strip
separates drivers travelling in opposite directions. This means that the painted islands or traffic
islands that are used for slip lanes can either separate traffic travelling in the same direction or
traffic travelling in opposite directions.
It was never the policy intention for the island on a slip lane to separate traffic travelling in opposite
directions. The consequence of this anomaly is that many intersections that look to the driver like
any other standard intersection come within the definition of a slip lane. The rules are different for
drivers utilising a slip lane compared to a normal left turn.
There are a number of give way rules in the Rules which become very confusing and convoluted
due to this anomaly in the slip lane definition. For example, rule 72(4) governs drivers turning left at
the slip lane of an intersection (except a T-intersection or roundabout). There is nothing in this
subrule about giving way to oncoming traffic turning right across the driver’s path. Rule 72(3)
provides for drivers turning left, not in a slip lane. This rule does provide for a driver to give way to
oncoming, right turning vehicles.
Also, the application of the Rules for giving way to pedestrians is different for left turns at slip lanes,
as compared with left turns without slip lanes. Where there is a slip lane, a driver must give way to
any pedestrian on the slip lane. There is no requirement for the driver to give way to a pedestrian
crossing the road into which the driver is turning (under rule 72(4)). By comparison, rule 72(3)
makes it clear that a driver must give way to a pedestrian crossing the road into which the driver is
turning.
The objective of this proposal is to correct an anomaly that exists in the definition of “slip lane” in
the Rules as there are many hundreds or even thousands of intersections across the country with
slip lanes that comprise a traffic island separating traffic travelling in opposite directions.
12
Australian Road Rules 10th Amendment Package - Explanation of Amendments July 2013
2.19 Dictionary: Definition of turning lane
An anomaly exists in relation to the provisions of rule 138(2)(b) and the definition of “turning lane”.
Rule 138(2)(b) allows a driver to cross a single continuous line along a painted island in order to
enter a turning lane. “Turning lane” is defined as a lane with left turn or right turn arrows or signs.
However, it does not cover lanes designed for U-turns.
Licence testers have queried this due to the fact that when drivers drive over a painted island to
enter a turning lane, they comply with the Rules if it is a right or left-turning lane, but not a U-turning
lane. Drivers should be allowed to cross the single lane around a painted island to enter a turning
lane, including a left, right or U-turn turning lane.
The proposed amendment will rectify an anomaly in the Rules that causes drivers to unknowingly
disobey the Rules, as well as rectify an inconsistency that is problematic for licence testers.
Australian Road Rules 10th Amendment Package - Explanation of Amendments July 2013
13