Model Amendments Regulations: Australian Road Rules — Package No. 8

The following provisions are intended to provide the basis for nationally consistent transport laws on the topics with which they deal. They do not, of themselves, have any legal effect.

These Regulations are the Model Amendments Regulations: Australian Road Rules — Package No. 8.

2. Purpose

The purpose of these Regulations is to amend the Australian Road Rules –

(a) to confine the use of mobile phones in motor vehicles to hands‑free phones and phones that are in mountings fixed to the vehicles; and

(b) to confine the use of visual display units used as drivers' aids in motor vehicles to units that are in mountings fixed to the vehicles; and

(i) the definition of shared zones; and

(ii) drivers giving way to pedestrians when turning at intersections; and

(iii) the giving of turning signals when using roundabouts; and

(iv) staying to the left of the centre of roads and the crossing of dividing lines; and

(v) overtaking to the left of vehicles; and

(vi) particular vehicles leaving marked lanes for the purposes of turning; and

(vii) carrying animals on motor bikes.

3. Approval

These Regulations were approved by the Australian Transport Council on 6 February 2009.

4. Rules being amended by these Regulations

These Regulations amend the Australian Road Rules.

5. Change to what constitutes a shared zone

(1) In rule 24(1), after "on a road" insert ", or the road,".

(2) For rule 24(2) substitute –

"(2) A shared zone is:

(a) if there is a shared zone sign and an end shared zone sign on a road and there is no intersection on the length of road between the signs — that length of road; or

(b) if there is a shared zone sign on a road that ends in a dead end and there is no intersection on the length of road beginning at the sign and ending at the dead end — that length of road; or

(i) a shared zone sign on each road into the area, indicating the same number; and

(ii) an end shared zone sign on each road out of the area; or

(d) a road related area that is between a shared zone sign that relates to the area and an end shared zone sign that relates to the area.

Note Intersection is defined in the dictionary.".

(3) In rule 24(3), for "subrule (2)(a) and (b)" substitute "subrules (2)(c)(i) and (ii)".

6. Giving way to pedestrians when turning at intersections

(1) In rule 62(1) –

(a) in paragraph (a), for "on" substitute "crossing";

(b) after note 4 insert –

"Note 5 In relation to paragraph (a), rule 353(1) specifies that a driver is not required to give way to a pedestrian who is crossing the road that the driver is leaving, and rule 353(2) provides that a pedestrian who is only crossing a part of a road is considered to be crossing the road.".

(2) In rule 64 –

(a) in paragraph (b), for "on" substitute "crossing";

(b) after note 3 insert –

"Note 4 In relation to paragraph (b), rule 353(1) specifies that a driver is not required to give way to a pedestrian who is crossing the road that the driver is leaving, and rule 353(2) provides that a pedestrian who is only crossing a part of a road is considered to be crossing the road.".

(3) In rule 67(4) –

(a) for "on" substitute "who is crossing";

(b) at the end of the subrule insert –

"Note Rule 353(1) specifies that a driver is not required to give way to a pedestrian who is crossing the road that the driver is leaving, and rule 353(2) provides that a pedestrian who is only crossing a part of a road is considered to be crossing the road.".

(4) In rule 69(3) –

(a) for "on" substitute "who is crossing";

(b) at the end of the subrule insert –

(5) In rule 72(3) –

(a) in paragraph (b), for "on" substitute "who is crossing";

(b) in the note, for "Note" substitute "Note 1";

"Note 2 In relation to paragraph (b), rule 353(1) specifies that a driver is not required to give way to a pedestrian who is crossing the road that the driver is leaving, and rule 353(2) provides that a pedestrian who is only crossing a part of a road is considered to be crossing the road.".

(6) In rule 72(5) –

(a) in paragraph (c), for "on" substitute "who is crossing";

(b) in the note, for "Note" substitute "Note 1";

"Note 2 In relation to paragraph (c), rule 353(1) specifies that a driver is not required to give way to a pedestrian who is crossing the road that the driver is leaving, and rule 353(2) provides that a pedestrian who is only crossing a part of a road is considered to be crossing the road.".

(7) In rule 73(2) –

(a) in paragraph (b), for "on" substitute "who is crossing";

(b) in the note, for "Note" substitute "Note 1";

"Note 2 In relation to paragraph (b), rule 353(1) specifies that a driver is not required to give way to a pedestrian who is crossing the terminating road, and rule 353(2) provides that a pedestrian who is only crossing a part of a road is considered to be crossing the road.".

(8) In rule 73(4) –

(a) for "on" substitute "who is crossing";

(b) after the example insert –

"Note Rule 353(1) specifies that a driver is not required to give way to a pedestrian who is crossing the continuing road, and rule 353(2) provides that a pedestrian who is only crossing a part of a road is considered to be crossing the road.".

(9) In rule 73(6) –

(a) in paragraph (b), for "on" substitute "who is crossing";

(b) in the note, for "Note" substitute "Note 1";

"Note 2 In relation to paragraph (b), rule 353(1) specifies that a driver is not required to give way to a pedestrian who is crossing the continuing road, and rule 353(2) provides that a pedestrian who is only crossing a part of a road is considered to be crossing the road.".

7. Signals when using roundabouts

(1) For rule 112(2) substitute –

"(2) Before entering the roundabout, the driver must give a left change of direction signal for long enough to give sufficient warning to other drivers and pedestrians.

Offence provision.

Note Left change of direction signal is defined in the dictionary.".

(2) For rule 113(2) substitute –

"(2) Before entering the roundabout, the driver must give a right change of direction signal for long enough to give sufficient warning to other drivers and pedestrians.

Offence provision.

Note Right change of direction signal is defined in the dictionary.".

(3) In rule 113(3) –

(a) in paragraph (b), for "lights." substitute "lights; or";

(b) after paragraph (b) insert –

"(c) the driver is about to leave the roundabout.";

"Note 3 Rule 118 requires a driver, if practicable, to give a left change of direction signal when leaving a roundabout.".

8. Keeping to the left of the centre of a road or the dividing line

(1) In rule 132(2), for the note substitute –

"Note Rule 134 deals with driving to the right of the dividing line to overtake another vehicle, to enter or leave a road, or to move from one part of the road to another. Rule 139(2) deals with driving to the right of the dividing line to avoid an obstruction.

The effect of this subrule, in relation to continuous dividing lines, is as follows:

• in the case of a dividing line that is only a single continuous dividing line, or that is a broken dividing line to the right of a single continuous dividing line, a driver may only drive to the right of such a line in the circumstances set out in rules 134(3) and 139(2)(as supplemented by rule 139(3));

• in the case of a dividing line that is a single continuous dividing line to the right of a broken dividing line, a driver may only drive to the right of such a line in the circumstances set out in rules 134(2), 134(3) and 139(2);

• in the case of a dividing line that is 2 parallel continuous dividing lines, a driver may only drive to the right of such a line in the circumstances set out in rule 139(2)(as supplemented by rule 139(3)).".

(2) At the end of rule 132(2A) insert –

9. Clarification to exceptions to keeping to the left of a dividing line

(1) In rule 134(2), after "line is a" insert "single".

(2) In rule 134(3), for "not 2 parallel continuous dividing lines" substitute "a single continuous or broken dividing line, or a broken dividing line to the left or right of a single continuous dividing line".

In rule 134(3), after Example 2 insert –

10. Passing or overtaking a vehicle displaying a do not overtake turning vehicle sign

After rule 143(1) insert –

"(1A) A driver must not drive past, or overtake, to the left of a vehicle displaying a do not overtake turning vehicle sign unless:

(a) the driver is driving on a multi‑lane road and the vehicle can be safely overtaken in a marked lane to the left of the vehicle; or

(b) the vehicle is turning right, or making a U–turn from the centre of the road, and is giving a right change of direction signal and it is safe to overtake to the left of the vehicle; or

Offence provision.

Note Centre of the road, marked lane, multi‑lane road, overtake, right change of direction signal and U–turn are defined in the dictionary.".

11. Further exception to requirement for particular vehicles to use marked lane

In rule 159(1) –

(a) in paragraph (c), for "jurisdiction." substitute "jurisdiction; or";

(b) after paragraph (c) insert –

"(d) intending to turn off the road or to make a U‑turn, and in order to do so safely without disrupting other vehicles on the road it is necessary to position the vehicle in another lane before starting the turn, or to make the turn.".

12. Driver of motor bike to have proper control of the motor bike

(1) For rules 297(3) and (4) substitute –

"(3) The rider of a motor bike must not ride with an animal on the motor bike between the rider and the handle bars, or in another position that interferes with the rider’s ability to control the motorbike or to have a clear view of the road.

Offence provision.

Note Motor bike is defined in the dictionary.

(4) Subrule (3) does not apply to the rider of a motor bike who rides with an animal between the rider and the handle bars for a distance of not more than 500 metres on a road for the purpose of a farming activity that the rider is carrying out.".

13. Television receivers and visual display units in motor vehicles

(1) For rule 299(2)(b) substitute –

"(b) the vehicle is not a motor bike and the visual display unit is, or is part of, a driver's aid and either –

(i) is an integrated part of the vehicle design; or

(ii) is secured in a mounting affixed to the vehicle while being used; or".

(2) After rule 299(2) insert –

"(3) For the purposes of subrule (2)(b)(ii), a visual display unit is secured in a mounting affixed to the vehicle if, and only if—

(a) the mounting is commercially designed and manufactured for that purpose; and

(b) the unit is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer.".

14. Substitution of rule 300

For rule 300 substitute –

"300 Use of mobile phones

(1) The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless:

(a) the phone is being used to make or receive a phone call (other than a text message, video message, email or similar communication) and the body of the phone:

(i) is secured in a mounting affixed to the vehicle while being so used; or

(ii) is not secured in a mounting affixed to the vehicle and is not being held by the driver, and the use of the phone does not require the driver, 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

(b) the vehicle is an emergency vehicle or a police vehicle; or

Offence provision.

Note Emergency vehicle, park and police vehicle are defined in the dictionary.

(2) For the purposes of this rule, a mobile phone is secured in a mounting affixed to the vehicle if, and only if—

(a) the mounting is commercially designed and manufactured for that purpose; and

(b) the mobile phone is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer.

(3) For the purposes of this rule, a driver 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.

(4) In this rule:

affixed to, in relation to a vehicle, includes forming part of the vehicle;

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 driver's body, but does not include held in a pocket of the driver's clothing or in a pouch worn by the driver;

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 driver:

(a) holding the body of the phone in her or his hand (whether or not engaged in a phone call), except while in the process of giving the body of the phone to a passenger in the vehicle;

(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;

(d) operating any other function of the phone.".

15. Insertion of rule 353

After rule 352 insert –

"353 References to pedestrians crossing a road

(1) If a driver who is turning from a road at an intersection is required to give way to a pedestrian who is crossing the road that the driver is entering, the driver is only required to give way to the pedestrian if the pedestrian's line of travel in crossing the road is essentially perpendicular to the edges of the road the driver is entering – the driver is not required to give way to a pedestrian who is crossing the road the driver is leaving.

(2) In these Rules, a reference to a pedestrian crossing a road includes a reference to a person who is crossing only part of a road (for example, a person walking to a safety zone or a median strip, or to the middle of a road to display a hand‑held stop sign).".