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Page 1: “Queensland Statute Reprints” · “Queensland Statute Reprints” ... p. 186; 6 October 1979, pp. 586-587; 3 November 1979, ... PART 1 PRELIMINARY CiTATION

Warning

“Queensland Statute Reprints” QUT Digital Collections

This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).

This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.

©State of Queensland

Page 2: “Queensland Statute Reprints” · “Queensland Statute Reprints” ... p. 186; 6 October 1979, pp. 586-587; 3 November 1979, ... PART 1 PRELIMINARY CiTATION

QUEENSLAND

THE TRAFFIC REGULATIONS

1962

74000-By Authority: S. R. HAMPSON, Goverment Printer, Queensland

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THE TRAFFIC REGULATIONS, 1962 [Published Gazette 8 September 1962, pp. 61-136; and as amended by regulations

published Gazette 17 November 1962, p. 909; 22 December 1962, p. 1603; 13 April1963, p. 1620; 25 May 1963, p. 482; 3 August 1963, p. 1338; 18 January 1964, pp. 162-63; 25 April 1964, p. 1633; 17 October 1964, p. 547; 26 December 1964, p. 1810; 3 July 1965, p. 1318; 10 July 1965, p. 1406; 7 August 1965, p. 1825; 28 August 1965, p. 2041; 25 September 1965, p. 392; 11 December 1965, p. 1413; 22 January 1966, p. 688; 30 April 1966, p. 2188; 5 November 1966, p. 931; 11 February 1967, p. 527; 11 March 1967, p. 945; 22 July 1967, p. 1351; 6 November 1967, p. 903; 3 February 1968, p. 556; 2 March 1968, p. 903; 6 July 1968, p. 1121; 21 September 1968, p. 209; 23 November 1968, p. 1107; 26 April 1969, p. 1517; 17 May 1969, p. 309; 15 November 1969, p. 1175; 20 December 1969, p. 1775; 11 April 1970, p. 1400; 24 October 1970, pp. 735-6; 19 December 1970, p. 1557; 4 September 1971, p. 52; 27 November 1971, pp. 1475-7, 1477-8; 16 June 1972, pp. 869-872; 9 September 1972, p. 176; 5 May 1973, p. 112; 20 October 1973, pp. 944-6; 22 June 1974, pp. 116-20 (as from 1 July 1974); 29 June 1974, p. 1220; 3 August 1974, pp. 1947-8 (as from 1 September 1974); 21 September 1974, p. 290; 21 December 1974, pp. 1595-6; 24 May 1975, p. 660; 18 October 1975, p. 591; 15 November 1975, p. 1109; 29 November 1975, p. 1255-59; 20 December 1975, p. 1574; 14 February 1976, p. 563; 5 June 1976, p. 833; 3 July 1976, p. 1354; 11 September 1976, p. 194; 18 December 1976, p. 1681; 2 July 1977, p. 1337; 19 September 1977, p. 239; 15 October 1977, p. 594; 11 March 1978, p. 1032; 3 June 1978, p. 734; 3 June 1978, pp. 734-735; 24 June 1978, p. 986; 5 August 1978, pp. 1595-1604; 4 November 1978, p. 831; 17 February 1979, p. 531; 26 May 1979, p. 705; 26 May 1979, p. 706; 18 August 1979, p. 2059; 8 September 1979, p. 185; 8 September 1979, p. 186; 6 October 1979, pp. 586-587; 3 November 1979, pp. 964-965; 2 February 1980, p. 347; 9 February 1980, p. 458; 16 February 1980, pp. 529-530; 8 March 1980, pp. 833-834; 29 March 1980, p. 1128; 26 July 1980, p. 2109; 16 August 1980, p. 2359; 11 October 1980, p. 711; 1 November 1980, p. 1046; 20 December1980, p. 1613; 7 February 1981, p. 362; 22 August 1981, pp. 2646-8; 10 October 1981, pp. 625-626; 17 December 1981, pp. 1638-9; 14 January 1982, p. 134; 13 March 1982, pp. 987-1003; 17 June 1982, pp. 1619; 24 June 1982, pp. 2065; 17 July, 1982, p. 2359; 28 August 1982, pp. 2871-2; 9 December 1982, p. 1734; 6 August 1983, pp. 2011-3; 20 August 1983, pp. 2223-2225; 24 September 1983, p. 388; 24 September 1983, pp. 389-90; 22 October, 1983, p. 742; 21 January 1984, pp. 168-9; 5 May 1984, p. 174; 2 June 1984, pp. 1000-4; 11 August 1984, p. 2099; 1 September 1984, pp. 71. 74-6; 22 September 1984, p. 409; 22 September 1984, pp. 410-13; 8 December 1984, p. 1962; 23 February 1985, p 967; 20 April 1985, p. 2244; 6 July 1985, p. 1733; 13 July 1985, pp. 1816-17; 24 August 1985, p. 2482; 31 August 1985, p. 2594; 31 August 1985, p. 2595; 1 February 1986, pp. 406-8; 1 February 1986, p. 409; 10 May 1986, pp. 582-86; 31 May 1986, p. 1021; 14 June 1986, p. 1303; 14 June 1986, p. 1304; 19 July 1986, pp. 2185-9; 6 December 1986, pp. 2022-9; 20 December 1986, p. 2423; 2 May 1987, pp. 196-197].

Department of Labour and Industry Brisbane, 6 September, 1962

THE Deputy Governor, for and on behalf of His Excellency the Governor, acting by and with the advice of the Executive Council, has, in pursuance of the provisions of "The Traffic Acts, 1949 to 1961," been pleased to make the following Regulations, such Regulations to come into force on the First day of October, 1962.

PART 1

PRELIMINARY

CiTATION

KEN J. MORRIS

1. These Regulations may be cited as The Traffic Regulations, 1962.

2. Parts of Regulations. l. Preliminary. 2. Scope, Effect and Administration of Regulations. 3. Erection, Operation and Effect of Official Traffic Signs.

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2 r. 3

4. 5. 6. 7. 8. 9.

10. 11. 12. 13.

14. 15. 16.

REGULATIONS

Obedience to Traffic Control Signals, Signs, Orders and Directions. Driving on Left and Overtaking. Giving Way. Pedestrians. Turning and Drivers' Signals for Stopping and Turning. Railway Level Crossings. Speed Restrictions. Stopping, Parking and Standing Vehicles. Regulated Parking.

r. 4

Construction of Vehicles and Equipment, Loading, Use and Inspection of Vehicles.· Bicycles and Animals. Passing Stationary Trams and Safety Zones. Licences for Drivers, Stalls, Itinerant Vendors, &c., Permits for Itinerant Musicians, Amplifiers, Meetings and Processions, and Advertising, Handbills, &c.

17. Minor Traffic Offences. 18. Miscellaneous. 19. Breath Analysing Instruments and Specimens of Blood for Laboratory Tests. 20. Freeways. 21. Pilot Vehicles, Indivisible Loads.

As amended by regulations published Gazette 10 July 1965, pp. 1406-7 (as from 19 July 1965; 26 May 1979, p. 706; 6 December 1986, pp. 2022-9.

REPEAL-SAVINGS

3. (1) The Traffic Regulations, 1949, as amended from time to time and hitherto in force, are hereby repealed.

(2) Such repeal shall not affect the previous operation of any Regulation so repealed or anything duly done thereunder, or any rights, obligations, or liabilities already acquired, accrued, or incurred, or any remedy or proceeding commenced or pending thereunder or in respect thereof.

(3) Any official traffic si11n placed or erected in pursuance of the Regulations repealed by these Regulations and m force at the commencement of these Regulations shall continue in force subject to and under the Act and these Regulations until it expires by effluxion of time, or is revoked, discontinued, cancelled, removed, demolished or erased by proper authority.

INTERPRETATION

4. (I) In the construction of these Regulations, unless the context otherwise indicates or requires-

(a) the words "drive" or "driving" when used in relation to a vehicle, tram or animal upon any road shall be taken to include "stand" or "standing" or when used in relation to an animal upon any road shall be taken to include "lead" or "leading";

(b) references to "the Superintendent" or "the District Superintendent" shall respectively be read as referring to any Superintendent of Traffic or District Superintendent of Traffic having authority to exercise his powers, functions and duties in relation to the matter in respect of which such reference is made;

(c) reference to a vehicle shall be deemed to include­(i) any part or equipment of the vehicle;

(ii) any machinery or any agricultural implement designed for movement upon wheels;

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r. 4 REGULATIONS r. 4 3

(d)-(i) any reference to a "road" shall be read as also being a reference to any

part of such road; (ii) any reference to a particular side of a road or to a particular side of a part

of a road shall be read as a reference to the boundary of such road or part at that particular side; and

(e) the following terms shall have the meanings respectively assigned to them­"Abreast"-A vehicle shall be deemed to be abreast of any other vehicle if any

part of the firstmentioned vehicle is by the side of any part of the other vehicle;

"Alternative headlamp"-A lamp which is lighted in the place of a headlamp by a dipping device;

"Angle parking"-Parking of a vehicle upon the carriageway of a road close to the footway at or substantially at an angle of forty-five degrees thereto or in accordance with the direction or indication of the relevant official traffic sign;

"Appointed"-Appointed under the Act or these Regulations; "Australian Design Rule"-An Australian Design Rule for Motor Vehicle Safety

as endorsed by the Australian Transport Advisory Council and issued by the Coll11J1onwealth Department of Shipping and Transport;

"Australian Standard"-means a standard rule, code or specification of the Standards Association of Australia;

"Axle Load"-the total load transmitted to the road by all the tyres of all the wheels whose centres may be included between 2 transverse parallel vertical planes less than one metre apart;

"Between"-When used for the purpose of an indication given by an official traffic sign upon any road, includes that portion of the carriageway of such road as is located within imaginary lines taken from-

(a) the places specified upon any such official traffic sign; or (b) the places where such official traffic signs are located (in any case where

places are not specified as provided in paragraph (a) hereof), to the centre­line of the carriageway as shown hachured on plan hereunder.

PLAN ILLUSTRATING MEANING OF "BETWEEN"

--------------------------------------BuUdmgLine

Offi«al ~Offlc/al """:.%'.""

-----..!-r:....::...::;.~r:....::...::;.~::....:;.-"-r:....::-L.-----Cgnfrt~ Un11

---------------------------------KERB ---------------------------------Bwl~ngUn/1

"Bicycle lane" -A length of marked lane on a carriageway defined by a bicycle way sign at the beginning and an end bicycle way sign at the end, such stgns being erected adjacent to or above the marked lane on the carriageway so as to face approaching drivers;

"Bicycle path"-A way or path, other than a bicycle lane, defined by a bicycle way sign at the beginning and-

(a) an end bicycle way sign; (b) a shared footway sign; (c) a segregated footway sign; or (d) a carriageway,

at the end, each of such signs being erected adjacent to the way so as to face an approaching rider of a bicycle or tricycle;

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4 r.4 REGULATIONS r. 4

"Bicycle prohibition sign"-An official traffic sign to indicate a point beyond which bicycles or tricycles shall not proceed;

"Bicycle way sign" -An official traffic sign erected or displayed. adjacent to or above a bicycle lane or bicycle path so as to face an approaching driver to indicate a bicycle lane or path;

"Brake"-A device for retarding or controlling the rotation of the wheels of a vehicle and for bringing the vehicle to a stop;

"Braking system"-All the mechanism by which a brake on a vehicle is operated, including the brake;

"Bridge"-Includes a viaduct or culvert and any artificial or partly artificial and partly natural road made over or upon or across any river, creek, watercourse, swamp, or lagoon;

"Building line"-The boundary line between any land and any road, and, at an intersection means an imaginary line being a continuation of such boundary line across any road.

The outer edge of a building, fence, or other structure adjacent to a road, apparently forming the boundary line between any land and such road, shall be taken to be the building line unless it is proved that the outer edge of such building, fence, or other structure is not at or substantially at the boundary line between such building, fence, or other structure and such road.

Ill .~ ....... 1:),

~ :::: ':J

CQ

PLAN SHOWING "BUILDING LINE"

CQ co ~ ct. llJ I.I.J !< ~

~ .s_ ...... l:h

:a ::::: ':J

CQ

~-----'B:;;.u:::;.-ilding Line

Footway -,----KERB

~~------- KERB I Footway

-T---ow/ding Line

"Bus lane"-A length of carriageway defined by a bus lane sign at the beginning and an end bus lane sign at the end;

"Bus lane sign"-An official traffic sign inscribed with the words "Bus Lane" with or without words or words and figures indicating when the sign is to operate, with or without other words or figures, erected or displayed adjacent to or above a marked lane of a carriageway so as to face an approaching driver;

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r.4 REGULATIONS r. 4 5

''Cab"-Any motor vehicle (not being an omnibus) kept or let for hire, or used for the carriage of passengers for hire, or plied or stood for hire for the carriage of passengers or intended to be so kept, let, used, plied or stood;

"Cab stand" -A group of positions or a single position appointed by or under the Act or these Regulations where licensed cabs may stand upon any road;

"Carrying vehicle"-Any vehicle constructed, fitted, equipped or used principally for the carriage of goods, and for the use of which any payment or remuneration is made, given, or received, or which is kept or let for hire for the carriage of goods, or used for the carriage of goods for hire, or plied or stood for hire for the carriage of goods, or intended to be so kept, let, used, plied or stood;

"Carrying vehicle stand"-A group of positions or a single position appointed by or under the Act or these Regulations where licensed carrying vehicles may stand upon any road;

"Centre-line"-A separation line, or, where there is no separation line, the unmarked centre-line of the carriageway;

"Centre parking"-Parking of a vehicle upon the carriageway of any road at or substantially at the centre of such carriageway, and, except where otherwise indicated or required by signs or road markings, approximately at right angles to the centre of the carriageway;

"Chief Inspector of Motor Vehicles"-The Chief Inspector of Motor Vehicles within the meaning of the Motor Vehicles Safety Act 1980;

"Clearance lamp"-A lamp which, when lighted, provides an indication of the width of a vehicle together with any loading or equipment thereon either from the front or from the rear of the vehicle, as the case may be;

"Clearway"-A length of carriageway defined by a clearway sign at the beginning and an end clearway sign at the end;

"Clearway sign"-An official traffic sign inscribed with the word "Clearway" with or without words or words and figures indicating when the sign is to operate with or without other words or figures, erected or displayed adjacent to or above a marked lane of a carriageway so as to face an approaching driver;

"Compliance plate"-An identification plate, as approved by the Australian Motor Vehicle Certification Board for affixing to the motor vehicle to which it is attached;

"Dipping device"-A device by which the driver of a vehicle whilst retaining the correct driving position-

(a) can cause the main beam of light projected by each of the headlamps of a vehicle which has two headlamps or by the headlamp of a vehicle which has one headlamp as the case may be to be dipped; or

(b) can extinguish each of the headlamps of a vehicle which has two headlamps or the headlamp of a vehicle which has one headlamp, and simultaneously light two alternative headlamps or one alternative headlamp as the case may be; or

(c) can extinguish each set of headlamps where a vehicle has four headlamps, in sets of two, and simultaneously light one lamp in each set;

"During hours of darkness"-(a) Any time during the period between sunset on one day and sunrise on the

next succeeding day; or (b) Any other time when there is not sufficient daylight to render clearly visible

a person or vehicle at a distance of I 00 metres; "Edge line"-A traffic line marked on a carriageway to denote the line of demar­

cation between the travelled way, being that part of the carriageway used by the main body of moving traffic, and the shoulders and other lateral parts of the carriageway not so used;

"Effective range"-The distance at which a lamp, when lighted, will illuminate and render easily discernible under normal atmospheric conditions during hours of darkness any person dressed in dark clothing, or any substantial dark object, in front of the vehicle to which the lamp is affixed;

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6 r.4 REGULATIONS r.4

"Emergency brake"-The hand brake or other brake which is used in an emergency or as an auxiliary to the service brake;

"Emergency vehicle''-Any Ambulance, Fire Brigade or Police vehicle, or any other vehicle upon which the use of a siren is authorised by the Commissioner;

"End bicycle way sign"-An official traffic sign to indicate the end of a bicycle lane or path;

"End Bus Lane sign"-An official traffic sign inscribed with the words "End Bus Lane" erected or displayed adjacent to or above a marked lane of a carriageway so as to face an approaching driver;

"End Clearway sign":._An official traffic sign inscribed with the words "End Clearway" erected or displayed adjacent to or above a marked lane of a carriageway so as to face an approaching driver;

"End segregated footway sign"-An official traffic sign to indicate the end of a segregated footway;

"End shared footway sign" -An official traffic sign to indicate the end of a shared footway;

"End Transit Lane sign"-An official traffic sign inscribed with the words "End Transit Lane" erected or displayed adjacent to or above a marked lane of a carriageway so as to face an approaching driver;

"Endorsement" -Any entry made under and in accordance with or for the purposes of the Act or these Regulations, by or with the authority of the Commissioner, the District Superintendent or Superintendent, or the officer ofthe Department of Transport ordinarily having the custody of the relevant document, or by any person acting under the direction of a Judge or justices, upon any licence.

The term shall also include any document attached or directed by the Commissioner, the District Superintendent or Superintendent to be attached to a licence.

Any such entry shall be deemed to be part of the licence upon which such entry was made and any such document shall be deemed to be part of the licence to which such document was so attached or directed to be attached;

"Forward Control Passenger Vehicle"-A passenger car designed to seat up to nine persons and which has-

(a) the centre of the steering wheel in the forward quarter of the vehicle's total length;

(b) a gross vehicle mass not exceeding 3.5 tonnes; and (c) a maximum number of seating positions which, when multiplied by 68

kilogrammes, is not less than 50 per centum of the difference between the gross vehicle mass and the tare of the vehicle;

"Give Way Sign"-an official traffic sign inscribed with the words "Give Way"; "Gross combination mass"-the value specified for the vehicle by the manufacturer

as being the maximum ofthe sum of the "Gross Vehicle Mass" of the drawing vehicle plus the sum of the "Axle Loads" of any vehicle capable of being drawn as a trailer;

"Gross Vehicle Mass"-the maximum mass as specified by the manufacturer for a loaded vehicle (excluding a passenger car, a motorcycle, or a moped) for which compliance with current and appropriate Australian Design Rules has been or can be established;

"Gross Vehicle Weight", in respect of a motor vehicle means-(a) The weight stated or indicated in or which may be calculated from the

particulars set out in any certificate of registration of the motor vehicle purporting to have been issued under The Main Roads Acts 1920 to 1968, or Regulations thereunder (whether current or not) or in any document purporting to have been issued under any corresponding legislation, ordi­nance or law of another State or Territory of the Commonwealth of Australia (whether current or not) as being the maximum permissible weight (however described) for the motor vehicle together with any load to be carried thereon; or

(b) Where the motor vehicle is unregistered or there is no weight stated or indicated or which may be calculated as aforesaid, the weight painted or

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r. 4 REGULATIONS r. 4 7

otherwise marked on the motor vehicle as the gross vehicle weight therefore (however expressed) or (if no gross vehicle weight is so painted or marked but the tare and the load capacity of the motor vehicle, however, expressed, are also painted or marked) the sum of the said tare and load capacity of the motor vehicle as so painted or marked; or

(c) Where the motor vehicle is unregistered or there is no weight so stated or indicated or which may be calculated or which is painted or marked as aforesaid, the weight set out in a certificate purporting to be signed by the Secretary to the Commissioner of Main Roads or any person thereunto authorised by the Commissioner of Main Roads as being the gross vehicle weight for a motor vehicle of the make and model in question according to records kept by the Commissioner of Main Roads with respect to motor vehicles of that make and model;

"Intersection"-A place where two or more roads intersect or join:

PLANS SHOWING EXAMPLES OF "INTERSECTION"

Building Line

KfRB

XEP.B

Building Line

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g r.4 REGULATIONS r. 4

L_ __ _ KERB

Building Line ----

h other at or Ss eac "lway cro d a ra1 hich a road an Transport Act " A place at w el· of The State "Level crossi!lyly--;:t the same le:' , sed under Part III

substantia. " A vehicle hcen " . nsed vehtcle - . . Llc~f 1960; vehicle havmg-

d"-Any motor "Mope (a) two wheels;

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r. 4 REGULATIONS

(b) an engine displacement not exceeding 50 millilitres; (c) a maximum speed not exceeding 50 kilometres per hour; (d) no provision for the manual selection of gears; and

r. 4 9

(e) a mass not exceeding 65 kilogrammes when the vehicle is unladen but has a full capacity of lubricating oil, coolant and fuel;

"Motor vehicle chassis"-includes the basic operating motor vehicle including engine, frame, and other essential structural and mechanical parts, but exclusive of body and all appurtenances for the accommodation of driver, property, or passengers, appliances or equipment related to other than control:

Provided that in the case of a motor vehicle in which the frame and body form an integral part, the body, including any cab or cowl, shall be part of the chassis;

"Multipurpose Passenger Car"-A motor vehicle, not being a forward control passenger vehicle, designed principally for the conveyance of not more than eight persons and which is constructed either on a truck chassis or with special features for off-road operation;

"Omnibus stand"-A group of positions or a single position appointed by or under the Act or these Regulations where omnibuses may stand upon any road;

"One-way carriageway"-A carriageway on which vehicles are permitted to travel in one direction only;

"Parallel parking"-Parking of a vehicle upon the carriageway of any road with the left side of such vehicle as near as practicable to and parallel with the left side of such carria~eway, or, in the case of a one-way carriageway, not being a section of a divided road, the parking may. be with the right side of the vehicle as near as practicable to and parallel with the right side of such carriageway;

"Passenger Car"-A motor vehicle, other than a motor cycle, an omnibus or a multipurpose passenger car, constructed principally for the conveyance of persons;

"Passenger Car Derivative"-A motor vehicle of the kind known as a coupe utility or panel van of the same make as a factory produced passenger car, and in which the forward part of the body form and the greater part ofthe mechanical equipment are the same as those in such passenger car;

"Passenger Cars and Derivatives thereof'-Any and/or all of the classes of vehicles as defined in the terms "Passenger Car" and "Passenger Car Derivative" in these Regulations;

"Pedestrian Crossing"-That portion of the carriageway of any road in respect of which an official traffic sign or official traffic signs direct or indicate that such portion of the carriageway may be used by pedestrians to cross the road;

"Pole-type trailer"-A trailer which is attached to the towing vehicle by means of a pole or by an attachment fitted to such pole and which is ordinarily used for transporting loads such as logs, pipes, or structural members capable generally of supporting themselves as beams between supporting connections;

"Police Officer"-Any member of the Police Force; "Public stand"-A group of positions or a single position appointed by or under

the Act or these Regulations where public vehicles may stand or stop upon any road;

"Public vehicle"-Any tram or licensed vehicle or any omnibus approved or permitted under The State Transport Act of 1960.

"Rear overhang"-The distance measured horizontally and parallel to the longitudinal axis ofthe vehicle between the rearmost point of the vehicle with its equipment and-

(a) in the case of a vehicle having only one (I) axle towards the rear, the centre line of that axle;

(b) in the case of a vehicle having two (2) axles towards the rear each fitted with the same number of tyres, a line located mid-way between these two (2) axles;

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10 r. 4 REGULATIONS r. 4

(c) in the case of a vehicle having two (2) axles towards the rear with one (I) axle fitted with twice the number of tyres as the other, a line located one third of the way from the axle carrying the greater number of tyres towards the axle carrying the lesser number of tyres;

(d) in, the case of a vehicle having a group of more than two (2) axles towards the rear, a line located mid-way between the extreme axles of the group;

"Regulations"-The Traffic Regulations, 1962; "Reservation"-Any physical provision on a road to divide it longitudinally other

than lines marked on the carriageway surface and includes a nature strip adjoining a footway;

"Road in a built-up area"-Any road upon which there is a system of road lighting; "Roundabout"-shall mean an intersection laid out for movement of traffic in

one direction around a centre island; "Safety zone"-An area of the carriageway of any road alongside or adjacent to

any tramline and indicated by an official traffic sign as a place where pedestrians may stand or wait upon such carriageway;

"Schedule" -A Schedule to any Part of these Regulations; "School Bus"-Any omnibus whilst it is being used exclusively for the carriage of

school children to or from a school; "School Crossing"-A pedestrian crossing in respect of which-

(a) official traffic signs bearing a legend including the words "Children Crossing" are displayed; or

(b) an official traffic sign in the form of a hand-held banner inscribed with the word "STOP" in black lettering on a red-orange fluorescent background is held across or partly across the carriageway;

"Segregated footway"-A length of footway segregated for use by pedestrians, bicycles and tricycles and defined by means of a segregated footway sign at the beginning and-

(a) an end segregated footway sign; (b) a shared footway sign; (c) a bicycle way sign; (d) a bicycle prohibition sign; or (e) a carriageway,

at the end; "Segregated footway sign"-An official traffic sign to indicate a segregated footway; "Semi-trailer"-The rear portion of an articulated vehicle; "Separation line"-A traffic line marked on a carriageway to separate traffic moving

in opposite directions; "Service brake"-The foot brake or other brake which is normally used to decelerate

and stop a motor vehicle; "Shared footway"-A length of footway for use by pedestrians, bicycles and tricycles

and defined by means of a shared footway sign at the beginning and-(a) an end shared footway sign; (b) a segregated footway sign; (c) a bicycle way sign; (d) a bicycle prohibition sign; or (e) a carriageway,

at the end; "Shared footway sign"-An official traffic sign to indicate a shared footway; "Side marker lamp"-A lamp which, when lighted is visible from the side of the

vehicle upon which it is affixed;

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r.4 REGULATIONS r. 4 11

"Sign"-lncludes any poster, placard, notice, sign board, or sign of any kind whatsoever, and which is or is not illuminated or has affixed thereto any material designed to reflect light:

The term also includes any device, design, structure or erection in the nature of an advertisement or advertising device, and any framework, board, or other structure whatsoever which is used or intended to be used, or is adapted to be used, for the purpose of affixing thereto or supporting any device, design, poster, placard, notice, sign board, or other sign which is a "sign" within the meaning of this definition;

"Specially constructed vehicle"-Any motor vehicle being a tractor, agricultural equipment, earth moving, road making or road maintenance plant, mobile crane, fork lift truck, straddle truck or any other vehicle of a like nature provided that any equipment is not mounted on or any such vehicle has a conventional truck chassis;

"Stop line"-A line marked across or partly across the surface of a carriageway near a traffic control light signal, stop sign, school crossing, or intersection;

"Stop Sign"-An official traffic sign inscribed with the word "Stop"; "Stop", "Stopping", "Stand", or "Standing"-When prohibited (including when

prohibited by the indication or direction given by an official traffic sign) means any stopping or standing of a vehicle- or animal whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with any indication or direction given by a Police Officer or by an official traffic sign or signal;

"The Act"-the Traffic Act 1949-1980;

"Traffic Line"-Any continuous, broken or dotted line, notice or demarcation in or by means of studs, plates, paint, lacquer, or other substance or material used upon the surface of any road as an official traffic sign for the purpose of separating, directing, regulating or defining traffic or any class or description or traffic;

"Traffic Office"-The Office of the Superintendent of Traffic; "Transit Lane''-A length of carriageway defined by a transit lane sign at the

beginning and an end transit lane sign at the end; "Transit Lane sign"-An official traffic sign inscribed with the words "Transit

Lane" with or without words or words and figures indicating when the sign is to operate, with or without other words or figures, erected or displayed adjacent to or above a marked lane of a carriageway so as to face an approaching driver;

"Tum left"-lncludes any substantial degree of divergence in the direction of the left from the forward line of travel;

"Tum right"-Includes any substantial degree of divergence in the direction of the right from the forward line of travel;

"Two-way carriageway" -Any carriageway other than a one-way carriageway; "Upon"-Used in relation to a vehicle or road, includes "in", "on", or "over"; "U tum"-A tum which causes a vehicle on a carriageway facing or travelling in

one direction to face or travel in the opposite direction; "Vehicle"-Any conveyance designed to be propelled or drawn by any means and

where the context permits, includes a tram, or an animal driven or ridden but does not include a train;

"Warning device''-A hom, bell, alarm or signal capable of giving audible or visible warning of the approach or position of a vehicle or train;

"Windscreen"-The main front windscreen but does not include any wind deflector or other subsidiary windscreen;

(2) Any derivative of and any word from which is derived any term to which a meaning is assigned by this Regulation shall, in these Regulations, unless the context otherwise indicates or requires, have a corresponding meaning.

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12 r. 5 REGULATIONS r.IO

As amended by regulations published Gazette 22 December 1962, p. 1603; 23 November 1968, p. 1107; 11 Apri/1970, p. 1400; 24 October 1970, pp. 735-6; 27 November 1971, pp. 1475-7; 20 October 1973, pp. 944-6; 22 June 1974, pp. 1116-20; 29 June 1974, p. 1220; 29 November 1975, pp. 1255-59; 18 December 1976, p. 1681; 5 August 1978, pp. 1595-1604; 17 February 1979, p. 531; 6 October 1979, pp. 586-587; 9 February 1980, p. 458; 16 February 1980, pp. 529-530; 8 March 1980, pp. 833-834; 16 January 1982, p. 134; 13 March 1982, pp. 987-1003; 6 August 1983, pp. 2011-3; 21 January 1984, pp. 168-9; 1 February 1986, pp. 406-8; 10 May 1986, pp. 582-6; 2 May 1987, pp. 196-7.

PART2

SCOPE, EFFECT, AND ADMINISTRATION OF REGULATIONS 5. Unless otherwise stated these Regulations in so far as they apply to drivers and

pedestrians and the use of vehicles shall apply to drivers and pedestrians and the use of vehicles upon roads.

APPLICATION OF REGULATIONS TO ANIMALS

6. A rider or driver of an animal shall have the duties, rights and privileges imposed or conferred on the rider or driver of a vehicle by the provisions of these Regulations, other than provisions which by their nature cannot apply in relation to animals.

OBEDIENCE TO POLICE OFFICERS

7. Every pedestrian and driver shall at all times obey the signal by hand of a Police Officer in uniform, or the reasonable verbal direction or order of any Police Officer irrespective of any provision contained in any of these Regulations.

EXEMPTIONS FOR CONSTRUCTION TRAFFIC

8. The provisions of Parts 5, 8, and II of these Regulations shall not apply to a driver operating a vehicle on the site of road construction and maintenance works while actually engaged in work upon the road surface:

Provided that every such driver shall comply with these Regulations so far as may be consistent with the efficient performance of his duty.

EXEMPTION OF AMBULANCE AND FIRE BRIGADE DRIVER

9. These Regulations shall not apply to the driving of a vehicle of a Fire Brigade or Ambulance Transport Brigade by any member of a Fire Brigade or Ambulance Transport Brigade, as the case may be, while acting in the execution of his duty:

Provided that every such member shall comply with these Regulations so far as may be consistent with the efficient performance of his duty.

EXEMPTION OF DRIVER OF DEFENCE FORCE VEHICLE

10. Any person who-(a) is a member of the Defence Forces of the Commonwealth of Australia or of

the armed forces of any Government which is allied or associated with Her Majesty in any war in which Her Majesty is engaged; and

(b) is driving a motor vehicle owned by or appropriated to the use of such defence or armed forces; and

(c) is so driving in the performance of his duty and in pursuance of a licence, permit or authority issued to him by the authorities of such defence or armed forces;

shall be deemed to be the holder of a driver's licence for the purposes of the Act and these Regulations:

Provided that this Regulation shall not apply unless such person, while driving any such motor vehicle, carries such licence, permit or authority and, when required by a Police Officer, produces such licence, permit or authority for inspection.

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r.ll REGULATIONS r.l3 13

OFFENCES

11. (1) Any person who-(a) contravenes or fails, neglects, delays or refuses to comply with any order,

notice, signal, direction, requirement, request or condition made, or given under or in pursuance of these Regulations; or

(b) wilfully makes any false or misleading statement or wilfully furnishes any false or misleading information in or with respect to any notification, declaration, statement, application or other matter required or authorised by these Regulations;

shall be guilty of an offence. (2) A person shall not be convicted of an offence against these Regulations for or

arising from an act or omission if the doing of such act or the making of such omission was necessary to comply with-

(a) a direction of a Police Officer; (b) the direction or indication given by an official traffic sign; or (c) any Regulation or other law.

PARTIES TO OFFENCES

12. When an offence against the Act or these Regulations is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence and may be charged with actually committing it, that is to say-

( a) Every person who actually does the act or makes the omission which constitutes the offence;

(b) Every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;

(c) Every person who aids another person in committing the offence; (d) Any person who counsels or procures any other person to commit the offence; (e) In the case of an offence relating to a vehicle or train-every owner, driver

or conductor who permits or allows the doing of the act or the making of the omission which constitutes the offence.

Any person who counsels or procures or any owner, driver or conductor who permits or allows any other person to commit an offence against the Act or these Regulations may be charged either with himself committing the offence or with counselling, procuring or permitting or allowing its commission as the case may be.

A conviction of counselling, procuring, permitting or allowing the commission of an offence against the Act or these Regulations entails the same consequences in all respects as a conviction of committing the offence against the Act or these Regulations.

Any person who procures another to do or omit to do any act of such a nature, that, if he had himself done the act or made the omission, the act or omission would have constituted an offence on his part, is guilty of an offence of the same kind, and is liable to the same punishment, as if he had himself done the act or made the omission; and he may be charged with himself doing the act or making the omission.

POWERS OF COMMISSIONER

13. (1) Any matter or thing dealt with in these Regulations may be determined, applied, dispensed with, prohibited or regulated by the Commissioner from time to time either generally or in any classes of cases or in any particular case having regard to the requirements of the public and the safety of the public generally and the Commissioner may issue a certificate exempting any person or vehicle from any provision of any Regulation hereof.

(2) The Commissioner shall have and may exercise any power or authority vested in a District Superintendent by the Act or these Regulations.

(3) The Commissioner may fix the fee or the scale or rate of fees chargeable for any permit, the fee for which is not prescribed by these Regulations.

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14 r. 14 REGULATIONS r.l7

ISSUE OF PERMITS GENERALLY 14. The District Superintendent or Superintendent may exempt any person or vehicle

from any provision of these Regulations when in his opinion such exemption is justified in the existing circumstances and due regard has been given to the safety of the public generally and such District Superintendent or Superintendent may thereupon issue a permit authorising the doing of any act or the use of any vehicle on any occasion or for any purpose or under any circumstance which would otherwise be an offence against these Regulations.

Any such permit shall be subject to any conditions endorsed thereon:

Provided that nothing in this Regulation shall be deemed to authorise the District Superintendent or Superintendent to exempt any person from payment of any fee or fare payable under these Regulations.

SCHEDULE-PART OF REGULATIONS IS. A Schedule to any Part of these Regulations shall form part of these Regulations.

ADOPTION OF STANDARDS ISA. (1) For the purposes of these Regulations, any standard rule, code or specification

adopted shall be read and construed as forming part of these Regulations subject to any modification which may be expressed in the Regulation adopting such standard rule, code or specification.

(2) Where any standard rule, code or specification adopted by these Regulations adopts by way of reference any other standard rule, code or specification or part thereof then such other rule, code or specification or part thereof as the case may be, shall be taken to be adopted by these Regulations to the extent necessary to give full force and effect to the first mentioned standard rule, code or specification.

· (3) A reference in any Regulation to any standard rule, code or specification shall be taken to be a reference to any document that supersedes that standard rule, code or specification or to any document that supersedes a previous superseding document.

Inserted as per regulations published 1 February 1986, pp. 406-8.

PART 3

ERECTION, OPERATION AND EFFECT OF OFFICIAL TRAFFIC SIGNS

OFFICIAL TRAFFIC SIGNS 16. (I) Any official traffic sign constructed, made, marked, placed, erected, fixed or

painted in, into, or on or near a road for the purpose of guidance or direction or regulation of traffic shall be in accordance with the methods, standards and procedures prescribed in relation to such signs in the Manual of Uniform Traffic Control Devices or in so far as not so prescribed, as approved by the Commissioner of Main Roads.

(2) A document purporting to be a Manual of Uniform Traffic Control Devices and to have been issued by the Commissioner of Main Roads shall upon its production be prima facie evidence of the matters contained therein and of such document having been issued by the said Commissioner under the Act.

(3) A document (including a Manual of Uniform Traffic Control Devices) which on its face indicates that the Commissioner of Main Roads has approved of the design, methods, standards and procedures in relation to any sign, signal, marking, light or device for the purpose of regulating, warning or guiding traffic shall upon its production be prima facie evidence of the matters contained therein and of such approval.

As amended by regulations published Gazette 10 July 1965, pp. 1406-7 (as from 19 July 1965); 29 June 1974, p. 1220.

17. (1) When appearing on any official traffic sign-(a) Words, figures or symbols, indicating two specified hours, times or days (e.g.

9 a.m. to 6 p.m.) shall mean that the direction or indication given by such

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r. 18 REGULATIONS r. 19 15

sign applies at any time during the period between the hours, times or days indicated by such words, figures or symbols;

(b) Words, figures or symbols indicating a specified day or part thereof shall mean that the direction given by such sign applies during the whole of such day or part thereof as the case may be.

(2) Any matter forming part of an indication or direction given by an official traffic sign may be stated thereon in an abbreviated form.

REMOVAL OF LIGHT OR SIGN CREATING DANGER TO TRAFFIC

18. If any light or any sign is in, on, or near any road or is affixed to any building upon any place and the District Superintendent or Superintendent, or the Commissioner of Main Roads, as the case may be, is satisfied that danger to traffic may result from such light or sign, the District Superintendent or Superintendent, or the Commissioner of Main Roads, as the case may be, may give notice in writing to the owner of such light or sign or to the owner of the premises or place to which such light or sign is affixed requiring him to either remove the light or sign or modify it to the satisfaction of the District Superintendent or Superintendent, or the Commissioner of Main Roads, as the case may be, within a time specified in such notice.

If within the time specified in such notice such owner does not either­(a) Remove such light or sign; or (b) Modify such light or sign, so that, in the opinion of the District Superintendent

or Superintendent, or the Commissioner of Main Roads, as the case may be, danger to traffic will not result therefrom,

he shall be guilty of an offence, and whether such owner is or is not convicted of an offence against this Regulation, the District Superintendent or Superintendent, or the Commissioner of Main Roads, as the case may be, may remove such light or sign or cause such light or sign to be removed and recover the costs of so doing from such owner as for a debt in any Court of competent jurisdiction.

As amended by regulations published Gazette 10 July 1965, pp. 1406-7 (as from 19 July 1965); 19 July 1986, pp. 2185-9.

PART 4

OBEDIENCE TO TRAFFIC CONTROL SIGNALS, SIGNS, ORDERS AND DIRECTIONS

OBEDIENCE TO TRAFFIC CONTROL LIGHT SIGNALS

19. (1) The display by a traffic control light signal of-

(a)-(i) a green circle is a direction to a driver of a vehicle facing the traffic control

light signal and about to be driven across the appropriate stop line in relation to such signal that he shall subject to the Act and these Regulations proceed forthwith:

Provided that subject to these Regulations a right or left tum may be made even though a traffic control light signal is displaying a red circle in respect of the carriageway the driver is about to enter, provided that a driver making or after making any such turn shall not cross a stop line associated with such lastmentioned traffic control light signal until it displays a green circle;

(ii) the word "WALK" in green or a green symbolic walking pedestrian or, in the absence of the words "DON'T WALK" in red or a red symbolic standing pedestrian, a green circle shall be an indication that a pedestrian facing the traffic control light signal may proceed across the carriageway;

(b) an amber circle alone is a direction that-(i) a driver facing the traffic control light signal shall not proceed beyond the

stop line associated with the traffic control light signal or in the absence of a stop line the traffic control light signal itself unless the vehicle is so close

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16 r. 20 REGULATIONS r. 20

to the stop line or traffic control light signal when the colour amber first appears that he cannot safely stop his vehicle before passing the stop line or traffic control light signal;

(ii) a pedestrian facing the traffic control light signal shall not enter upon the carriageway;

(iii) if the traffic control light signal is erected at or near an intersection every person upon such intersection shall clear it with all reasonable speed;

(c)­(i) a red circle alone or red and amber circles together shall be a direction that

a driver facing the traffic control light signal shall not proceed beyond the stop line associated with the traffic control light signal or in the absence of a stop line the traffic control light signal itself;

(ii)

(d)-

the words "DON'T WALK" in red or a red symbolic standing pedestrian or, in the absence of the word "WALK" in green or a green symbolic wa]king pedestrian, a red circle alone or red and amber circles together shall be a direction that a pedestrian facing the traffic control light signal shall not enter upon the carriageway;

(i) a green arrow alone or in conjunction with any other display is a direction that a driver facing the traffic control light signal may proceed in the direction indicated by the arrow;

(ii) an amber arrow alone or in conjunction with any other display, except a red arrow pointing in the same direction as the amber arrow, is a direction that a driver facing the traffic control light signal shall not for the purpose of proceeding in the direction indicated by the amber arrow, proceed beyond the stop line associated with the traffic control light signal or in the absence of a stop line the traffic control. light signal itself unless the vehicle is so close to the stop line or traffic control light signal when the colour amber first appears that he cannot safely stop his vehicle before passing the stop line or traffic control light signal;

(iii) a red arrow alone or in conjunction with an amber arrow pointing in the same direction as the red arrow shall be a direction that a driver facing the traffic control light signal shall not for the purpose of proceeding in the direction indicated by the red arrow proceed beyond the stop line associated with the traffic control light signal or in the absence of a stop line the traffic control light signal itself;

(e) intermittent single amber flashes at an intersection is a direction that a driver facing the traffic control light signal shall approach and cross the intersection with caution;

(f) a white "B" alone or in conjunction with any other display is a direction that a driver of an omnibus facing the traffic control light signal m!ly proceed.

(2) Where separate traffic control light signals are erected over each lane of a laned carriageway, a driver-

(a) shall not drive in any lane over which a traffic control light signal displays a red cross to face him;

(b) may drive in any lane over which a traffic control light signal displays a green arrow to face him, regardless of the location of the centre of the carriageway with respect to the lane markings.

As amended by regulations published Gazette 5 August 1978, pp. 1595-1604; 16 February 1980, pp. 529-530; 19 December 1981, p. 1638.

OBEDIENCE TO SIGNS

20. (I) A driver shall not cause his vehicle to turn at any intersection or other place contrary to the direction given by a sign erected at or near that intersection or place displaying the words "NO TURNS", "NO LEFf TURN", "NO RIGHT TURN", or "NO U TURN", notwithstanding that such sign may incorporate further words and/or numerals for the purpose of controlling or regulating traffic.

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r. 20 REGULATIONS r. 20 17

(2) Upon a road upon which a sign inscribed with an arrow and the words "ONE WAY" is erected, a driver shall drive along the carriageway of that road only in the direction indicated by the arrow on that sign.

(3) Where a sign inscribed with the words "NO ENTRY" is erected over or adjacent to a carriageway to face an approaching driver the driver shall not proceed upon that carriageway beyond that sign notwithstanding that such sign may incorporate further words and/or numerals for the purpose of controlling or regulating traffic.

(4) Where a marked lane at an approach to an intersection-

(a) has the words "RIGHT TURN ONLY" or "LEFf TURN ONLY" marked on a sign by the side of or over the lane; or

(b) has those words or an arrow or arrows marked on the surface of the lane,

a driver entering the intersection from that lane shall drive only in a direction indicated by such words, arrow or arrows.

(5) Where a sign inscribed with the words "NO OVERTAKING OR PASSING" is erected a driver shall not-

(a) pass such a sign facing him while any vehicle proceeding in the opposite direction is between that sign and a similar sign facing in the opposite direction;

(b) while between a sign so inscribed and a similar sign facing in the opposite direction overtake or pass a vehicle proceeding in the same direction.

(6)-

(a) Where a sign inscribed with the words "NO OVERTAKING ON BRIDGE" is erected near a bridge to face an approaching driver the driver shall not overtake a vehicle while between the sign and the far end of the bridge.

(b) Where a sign inscribed with the words "BRIDGE LOAD LIMIT ... t GROSS" together with numerals before the expression "t" is erected near a bridge to face an approaching driver, the driver shall not drive a vehicle upon the bridge the weight of which vehicle and its load together with the weight of any trailer attached and its load exceeds the weight indicated on the sign.

(c) Where a sign inscribed with the words "SPEED LIMIT ON BRIDGE" followed by numerals and the letters ''kmjh" is erected near a bridge to face an approaching driver, the driver shall not exceed the speed in kilometres per hour indicated by the sign while between it and the far end of the bridge.

(7)-

(a) Where a sign inscribed with the words "KEEP LEFf" is erected to face an approaching driver, the driver shall pass to the left of the sign.

(b) Where a sign Inscribed with the words "KEEP RIGHT" is erected to face an approaching driver, the driver shall pass to the right of the sign.

(8) (a) Where a "Stop" sign is erected to face a driver approaching an intersection, the driver shall-

(i) stop his vehicle before reaching and as near as practicable to the stop line associated with the sign or, if no stop line exists, at the point nearest to and before entering upon the intersection where he has a clear view of the traffic approaching the intersection; and

(ii) give way to all other traffic which has entered or is approaching that intersection:

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18 r. 21 REGULATIONS r. 21

Provided that where a "Stop" sign or a "Give Way" sign is erected to face the driver of another vehicle approaching that intersection from any other direction, the provisions of the first paragraph of Regulation 34 and subregulations (I) and (3) of Regulation 35 of these Regulations shall apply to the drivers of such vehicles in relation to each other.

(b) Where a "Give Way" sign is erected to face a driver approaching an intersection the driver shall give way to all other traffic which has entered or is approaching that intersection:

Provided that where a "Stop" sign or a "Give Way" sign is erected to face the driver of another vehicle approaching that intersection from any other direction, the provisions of the first paragraph of Regulation 34 and subregulations (I) and (3) of Regulation 35 of these Regulations shall apply to the drivers of such vehicles in relation to each other.

(9) Where a sign inscribed with the words "GIVE WAY" is erected to face a driver approaching a one lane bridge, the driver shall give way to all other traffic upon that bridge or approaching that bridge from the opposite direction.

(10) Where a sign inscribed with an arrow and the words "ALL TRAFFIC" is erected over or adjacent to a carriageway to face an approaching driver the driver shall not proceed beyond that sign other than in the direction indicated by the arrow on that sign.

(II) Where a bicycle prohibition sign is erected to face an approaching-

(a) rider of a bicycle or tricycle upon a segregated footway, shared footway or carriageway; or

(b) pedestrian on a footway wheeling a bicycle or tricycle, that rider or pedestrian shall not proceed beyond the sign upon that segregated footway, shared footway, carriageway or, as the case may be, footway.

(12) Where a sign inscribed with the words "TURN LEFT AT ANY TIME WITH CARE" is erected to face a driver at an intersection, the driver shall give way to all vehicles and pedestrians on the intersecting carriageway he is about to enter, is entering or has entered, notwithstanding whether the point of entry is within or beyond the intersection.

As amended by regulations published Gazette 22 January 1966, p. 688; 30 Apri/1966, p. 2188; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59; 17 February 1979, p. 531; 9 February 1980, pp. 529-530; 13 March 1982, pp. 987-1003; 10 May 1986, pp. 582-6 (as from 1 June 1986); 19 July 1986, pp. 2185-9.

COMPLIANCE WITH POLICE SIGNALS, ORDERS OR DIRECTIONS

21. (I) The driver of any vehicle or any pedestrian upon any road shall-

(a) upon any Police Officer giving any prescribed signal, or other clear signal, order, or direction, comply with the direction, indication or order given by such prescribed signal, or other signal, order or direction, and stop as long or proceed in such a manner or direction as such Police Officer shall deem necessary for the effective regulation of traffic or for any other necessary purpose;

(b) comply with any reasonable direction of any Police Officer as to the manner of approaching or departing from any place or as to the manner of taking up or setting down passengers, or loading or unloading goods at any place, or as to the regulation of traffic, or as to the removal of a vehicle from one place to any other place.

PRESCRIBED POLICE SIGNALS

(2) The signals illustrated in this subregulation or as near thereto as existing circumstances may permit or require, are the prescribed signals to be given by a Police Officer to pedestrians and drivers of vehicles upon any road.

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r. 21 REGULATIONS

(a) "STOP" signal-for persons facing signal­

Figure l.

Figure I (a)

From the fron L

Figure I (d)

From right side.

Figure I (b)

From the rear.

Figure I (e)

Coml>ination from front and rear.

r. 21 19

Figure I (c)

From left side.

Any signal illustrated in Figure 1 of this Regulation given by a Police Officer regulating traffic upon a road at an intersection or marked crossing, shall be a direction to-

(i) the driver of any vehicle facing such signal to-( A) not drive such vehicle on to such intersection or marked crossing; (B) stop such vehicle as near as practicable to such intersection or marked

crossing; (C) keep such vehicle stopped until given the "PROCEED" signal;

(ii) any pedestrian facing such signal not to enter upon the carriageway of the road.

(b) "PROCEED" signal-for persons facing signal-

Figure 2 (a)

From left side.

Figure 2.

Figure 2 (b)

From right side.

Figure 2 (c)

From right side.

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20 r. 22 REGULATIONS r. 23

Any signal illustrated in Figure 2 of this Regulation given by a Police Officer regulating traffic upon a road at an intersection or marked crossing, shall be a direction to-

(i) the driver of any vehicle facing such signal to proceed, subject to the Act and these Regulations, across such intersection or marked crossing;

(ii) any pedestrian facing such signal to proceed, subject to the Act and Regulations, across the carriageway of the road;

and in the case of-(A) the signal illustrated in Figures 2 (a) and 2 (b)-that such proceeding shall

be in front of the Police Officer giving such signal; or (B) the signal illustrated in Figure 2 (c)-that such proceeding shall be behind

the Police Officer giving such signal.

(c) Signal to stop at place indicated-,-

Figwe 3 (a)

In fronL

Figure 3.

Fiaure 3 (b)

Be bind. Fiaure 3 (c)

At.kerb, &c.

Any signal illustrated in Figure 3 of this Regulation given by a Police Officer regulating traffic upon any road, shall be a direction to the driver of any vehicle upon such road to proceed in accordance with the Act and these Regulations to or substantially to the place indicated and stop at or substantially at that place until given a direction to proceed.

PART 5

DRIVING ON LEFT AND OVERTAKING

KEEPING AS FAR LEFr AS PRACTICABLE

22. Subject to these Regulations a driver upon a two-way carriageway shall keep his vehicle as close as practicable to the left boundary of the carriageway except where there are two or more lanes marked on the carriageway available for traffic moving in the direction in which he is proceeding.

OVERTAKING

23. (1) When overtaking a moving vehicle (other than a tram) upon a two-way carriageway a driver shall except as provided in subregulation (3) of this Regulation pass to the right of that vehicle at a safe distance:

Provided that where a carriageway has two or more marked lanes for vehicles travelling in the same direction a driver travelling in one of those lanes may overtake and pass to the left of a vehicle travelling in another of those lanes if conditions permit him to do so with safety.

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r. 24 REGULATIONS r. 27 21

(2) A driver overtaking a tram heading in the same direction upon a two-way carriageway shall pass to the left thereof.

(3) A driver overtaking a vehicle making or apparently about to make a right turn may pass to the left thereof, and shall not pass to the right thereof.

(4) After overtaking a vehicle a driver shall not drive in front of it until his vehicle is safely clear.

(5) When overtaking a vehicle on a two-way carriageway-(a) if the carriageway is not divided into three lanes, a driver shall not drive to

the right of the centre-line of the carriageway unless the right side of the carriageway is free of oncoming traffic for a sufficient distance ahead to permit the overtaking movement to be completed in safety;

(b) if the carriageway is divided into three lanes a driver shall not drive in the centre lane unless the centre lane is free of oncoming traffic for a sufficient distance ahead to permit the overtaking movement to be completed in safety.

(6) The driver of a vehicle travelling along a marked lane nearest to a boundary of a carriageway shall not overtake a vehicle referred to and described in subregulation 44A (1) (in this subregulation referred to as "the said vehicle")-

(a) where the said vehicle is travelling in the adjacent lane and the driver of the said vehicle is signalling in accordance wjth the provisions of these Regulations an intention to turn left, by passing on the left-hand side of the said vehicle; or

(b) where the said vehicle is travelling in the adjacent lane of a one-way carriageway and the driver thereof is signalling in accordance with the provisions of these Regulations an intention to turn right, by passing on the right-hand side of the said vehicle.

As amended by regulations published Gazette 13 March 1982, pp. 987-1003.

USE OF CENTRE AND RIGHT LANES OF THREE LANE CARRIAGEWAYS

24. On a two-way carriageway which is divided into three lanes a driver shall not drive his vehicle in-

(a) the centre lane except to overtake another vehicle or in preparation for a right turn or where the centre lane is at the time allocated exclusively to traffic travelling in the direction in which he is proceeding; or

(b) the extreme right hand lane.

RESTRICTIONS ON DRIVING RIGHT OF CENTRE LINE

25. The driver of a vehicle upon a two-way carriageway shall not drive his vehicle on the right side of the centre-line of the carriageway-

( a) when approaching the crest of a grade where the driver's view is obstructed within such distance as to create a hazard in the event of another vehicle approaching from an opposing direction; or

(b) when approaching within 30 metres of or traversing any intersection or level crossing.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

PASSING AN OPPOSING VEHICLE

26. A driver passing a vehicle travelling in the opposite direction shall keep left of that vehicle.

GIVING WAY TO OVERTAKING VEHICLES

27. Except where overtaking on the left is permitted the driver of a vehicle being overtaken shall move to the left in favour of the overtaking vehicle upon the driver of the overtaking vehicle sounding a warning device and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

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22 r. 28 REGULATIONS r.32A

DRIVING IN LANES ON CARRIAGEWAYS

28. (1) A driver shall drive his vehicle as nearly as practicable entirely within a single marked lane or line of traffic and shall not move laterally from such lane or line of traffic until he can do so safely.

(2) A driver travelling along a marked lane any boundary of which is a single unbroken line (not being a separation line or an edge line) shall not permit any part of his vehicle to cross that line.

As amended by regulations published Gazette 9 February 1980, p. 458.

DRIVING THROUGH ROUNDABOUTS

29. A driver passing through a roundabout shall drive to the left of the centre island. Heading substituted by regulations published Gazette 5 August 1978, pp. 1595-1604.

Reg. 29 substituted by regulations published Gazette 5 August 1978, pp. 1595-1604.

KEEPING LEFf OF DOUBLE LINES

30. Where a carriageway is marked with a double longitudinal line comprising­(a) two continuous lines; or (b) a continuous line on the left of a broken or dotted line-

a driver shall not permit any portion of his vehicle to travel on or over or to the right of such double longitudinal line.

FOLLOWING TOO CLOSELY

31. (1) In this Regulation "long vehicle" means a vehicle more than 8 metres in length inclusive of any projection and of its load or a vehicle with dual wheels on any axle or a vehicle towing another vehicle.

(2) Except when overtaking and passing, the driver of a long vehicle when following another long vehicle shall whenever conditions permit keep his vehicle not less than 60 metres behind the other vehicle.

(3) This Regulation shall not apply to a long vehicle in a built-up area or to a long vehicle on a carriageway provided with two or more marked lanes for vehicles proceeding in the same direction as the long vehicle.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

DRIVING ON DIVIDED ROAD

32. Where a road is divided into carriageways by a reservation or reservations a driver (other than the driver of a tram) shall not drive along the extreme right hand carriageway unless a sign inscribed with the words "TWO WAY TRAFFIC" is erected to face drivers entering that carriageway.

32A. (1) Subject to subregulation (2) of this Regulation a driver of a motor vehicle other than-

(i) a motor vehicle carrying three or more persons (including the driver); (ii) an omnibus;

(iii) a vehicle licensed to carry passengers for hire or reward; (iv) a motor cycle; or (v) an emergency vehicle,

shall not drive his vehicle in a transit lane.

(2) Subregulation (1) of this Regulation shall not apply to the driver of a motor vehicle-

(i) where he is driving such vehicle in a transit lane, located in relation to the direction in which he is travelling on the left hand boundary of the carriageway,

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r. 32B REGULATIONS r. 32c 23

for the purpose of turning to his left at or before the next intersection on his left hand side;

(ii) where he is driving such vehicle in a transit lane-(a) located in relation to the direction in which he is travelling on the right

hand boundary of the carriagl!way; and (b) which is available in accordance with these Regulations for traffic proceeding

in the direction of his vehicle, for the purpose of turning to his right at or before the next intersection on his right side.

Inserted by regulations published Gazette 16 February 1980, pp. 529-530.

32B. (1) Subject to subregulation (2) of this Regulation a driver of a motor vehicle other than an omnibus, a motor vehicle which is at the material time being used under the authority of a licence to hire-taxi-meter cab or licence to hire-exempted cab, licence to hire-private hire car issued under the State Transport Act 1960-1981, or an emergency vehicle shall not drive his vehicle in a bus lane.

(2) Subregulation ( 1) of this regulation shall not apply to the driver of a motor vehicle-

(i) where he is driving such vehicle in a bus lane, located in relation to the direction in which he is travelling on the left hand boundary of the carriageway, for the purpose of turning to his left at or before the next intersection on his left hand side;

(ii) where he is driving such vehicle in a bus lane-(a) located in relation to the direction in which he is travelling on the right

hand boundary of the carriageway; and (b) which is available in accordance with these regulations for traffic proceeding

in the direction of his vehicle, for the purpose of turning to his right at or before the next intersection on his right hand side.

Inserted by regulations published Gazette 16 February 1980, pp. 529-530;

As amended by regulations published Gazette I September 1984, pp. 75-6; 8 December 1984, p. 1962.

BICYCLE LANES AND BICYCLE PATHS

32c. (1) Notwithstanding the provisions of Regulation 23 and subject to subregulation (2) of this Regulation, the driver of a vehicle other than a bicycle or tricycle shall not drive his vehicle in a bicycle lane or upon a bicycle path.

(2) Subregulation (1) of this Regulation shall not apply to­(a) the driver of an emergency vehicle; (b) the driver of a public utility service vehicle; (c) the driver of an omnibus or a vehicle licensed to carry passengers for hire or

reward, who intends to stop his vehicle to pick up or set down passengers and who enters a bicycle lane within 50 metres of where he intends to stop his vehicle for the purpose specified and leaves such bicycle lane within 50 metres of the place where the vehicle was stopped;

(d) the driver of a vehicle which is being driven directly across a bicycle lane or bicycle path for the purpose of entering or leaving a private driveway, loading dock or other place provided for the access of vehicles between a road and any adjacent premises or place;

(e) the driver of a vehicle which is being driven across a bicycle lane for the purpose of parking, stopping or standing upon the carriageway in accordance with these regulations; or

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24 r. 33 REGULATIONS r.35

(f) the driver of a vehicle who indicates his intention to turn and who turns left or right from the carriageway of which a bicycle lane forms part, at or before the next intersection.

Inserted by regulations published Gazette 10 May 1986, pp. 582-6 (as from 1 June 1986).

PART6

GIVING WAY

(Heading amended by reg. pubd. Gazette 11 September 1976, p. 194.)

MEANING OF "GIVE WAy"

33. Where these Regulations require a driver to give way to a vehicle or person, the driver shall, in circumstances where if he proceeded there would be a reasonable possibility of his colliding with that vehicle or person or otherwise creating a dangerous situation, slow down to such an extent, or stop and remain stationary for such time as is necessary to allow that vehicle or person to continue on its or his course without risk of collision or as is necessary to avoid creating a dangerous situation.

GIVING WAY AT INTERSECTIONS

34. (1) When a vehicle has entered or is approaching an intersection other than a roundabout from a carriageway and there is danger of collision with a vehicle which has entered or is approaching the intersection from a carriageway from another direction, the driver who has the other vehicle on his right shall give way:

Provided that this subregulation shall be subject to the exceptions as provided in Regulation 20 (8) and Regulation 35 of these Regulations and subregulation (2) of this Regulation.

THREE WAY INTERSECTIONS

(2)-

(a) This subregulation shall apply to three way intersections and shall be subject to the exceptions as provided in Regulation 20 (8) of these Regulations.

(b) When a vehicle has entered or is approaching a three way intersection other than a roundabout from a terminating carriageway and there is danger of collision with a vehicle which has entered or is approaching the inersection from another carriageway, the driver of the vehicle entering or approaching the intersection from the terminating carriageway shall give way.

(3) For the purpose of this Regulation the term "carriageway" shall mean any road, street or highway declared, dedicated or proclaimed as a road, street or highway and set aside for the use of vehicles and shall not include footpaths, footways and the driveways of any dwelling or other premises of any kind adjoining a carriageway, and the term "terminating carriageway" shall mean a carriageway which at an intersection meets another carriageway but does not continue through and beyond that carriageway.

Substituted by regulations published Gazette 7 February 1981, p. 362.

GIVING WAY AT ROUNDABOUTS

34A. The driver of a vehicle approaching or entering a roundabout shall give way to any vehicle which is within the roundabout.

Heading inserted by regulations published Gazette 5 August 1978, pp. 1595-1604.

Reg. 34A inserted by regulations published Gazette 5 August 1978, pp. 1595-1604.

GIVING WAY DURING TURNS

35. (1) A driver who intends to turn, is turning or has turned to the right at an intersection shall give way to any other vehicle which has entered or is approaching the intersection in the opposite direction;

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r. 36 REGULATIONS r. 36A 25

(2) A driver turning to the right or to the left at an intersection shall give way to pedestrians during the execution of the turn.

(3) A driver making a U turn shall give way to all other vehicles and to any pedestrian.

Provided that subregulations ( 1) and (3) of this Regulation shall be subject to the exception as provided in Regulation 20 (8) of these Regulations.

As amended by regulations published Gazette 22 January I966, p. 688; II September I976, p. I94; I7 February I979, p. 53I.

MOVEMENTS TO OR FROM PARKED POSITION

36. (1) A driver who is about to drive or is driving a vehicle into or out from a parking area or the boundary of a carriageway shall give way to all other vehicles.

(2) A driver shall not drive a vehicle in reverse out of any parking area established across the centre of a carriageway.

(3) Subregulation (1) of this Regulation shall not apply to a driver who is about to drive or is driving an omnibus-

(i) from an omnibus stand in a constructed bay adjacent to the left hand boundary of the carriageway;

(ii) from an omnibus stand on the shoulder of the road adjacent to the left hand boundary of the carriageway; or

(iii) from an omnibus stand on the left hand boundary of the carriageway, to enter the marked lane of the carriageway which is nearest to the left boundary thereof where-

( a) the driver has signalled his intention to do so in accordance with the requirements of Regulation 45 (4) (b) of these Regulations and in so doing has given reasonable warning to other drivers travelling in the same direction;

(b) the omnibus has affixed to the rear at the right hand side a sign, having a minimum area of 0.125 square metres, in the form depicted in Figure 1 to this subregulation; and

(c) the speed limit applicable to the carriageway does not exceed 60 km per hour.

Figure I

,tE WAY ~ I I

As amended by regulations published Gazette 13 July I985, pages I8I6-I7.

PRIORITY FOR OMNIBUSES

36A. The driver of any vehicle upon a carriageway approaching an omnibus that is about to drive or is driving in the same direction, shall give way to that omnibus where-

(i) the omnibus is leaving an omnibus stand which is in a constructed bay adjacent to the left hand boundary of the carriageway, or is on the shoulder of the road adjacent to the left hand boundary of the carriageway, or is on the left hand boundary of the carriageway, to enter the marked lane of that carriageway nearest to the left boundary;

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26 r. 37 REGULATIONS r. 39

(ii) the driver of the omnibus has signalled his intention and in so doing has given reasonable warning of his intention;

(iii) the omnibus has affixed to the rear on the right hand side, a sign, having a minimum area of 0.125 square metres, in the form depicted in Figure 1 to subregulation (3) of Regulation 36 of these Regulations; and

(iv) the speed limit applicable to the carriageway does not exceed 60 km per hour. Inserted by regulations published Gazette 13 July 1985, pp. 1816-17.

ACTION ON APPROACH OF EMERGENCY VEHICLES

37. A driver shall give way wherever practicable and make every reasonable effort to give a clear and uninterrupted passage to every emergency vehicle which is sounding a siren or bell.

GIVING WAY TO PILOT VEHICLE ESCORTED VEHICLES

37 A. A driver shall give way wherever practicable, and make every reasonable effort to give clear and uninterrupted passage, to a vehicle which is being escorted by a pilot vehicle as referred to in Part 21 of these Regulations and which is displaying a sign indicating that the vehicle being escorted is carrying a wide, long or high load.

Inserted by regulations published Gazette 6 December 1986, pp. 2022-9 (as from 1 July 1987).

ENTERING OR LEAVING A ROAD

38. (I) A driver entering a road from land abutting on that road except pursuant to an instruction of a traffic control light signal shall give way to all vehicles and pedestrians proceeding in either direction along such road.

(2) A driver leaving a road to enter land abutting on that road shall give way to all vehicles proceeding in the opposite direction along such road and to all pedestrians.

No ENTRY TO CHOKED INTERSECTION

(3) A driver shall not enter upon or attempt to cross an intersection if the intersection or the carriageway that the driver wishes to enter is blocked by vehicles.

(4) This Regulation applies to all intersections including an intersection at which a traffic control signal displays an instruction to the driver that he may proceed.

As amended by regulations pubd. Gazette 11 February 1967, p. 527; 20 October 1973, pp. 944-6.

GIVING WAY TO RESTIVE HORSES

38A. At the request of or signal made by a raising of the hand and pointing to the horse by any person leading, driving, riding or in charge of a restive horse, the driver of a motor vehicle upon a carriageway, being a driver to whom such signal is given, shall drive his vehicle as close as possible to the left boundary of the carriageway and stop the vehicle. The driver will thereupon stop the engine of his vehicle and refrain from moving the vehicle, except where there is no reasonable likelihood that the noise of the motor, or, as the case may be, movement of the vehicle, will aggravate the restiveness of the horse.

Inserted by regulations published Gazette 13 March 1982, pp. 987-1003.

PART7

PEDESTRIANS

PEDESTRIAN CROSSINGS

39. (l) A driver shall give way to any pedestrian who is on a pedestrian crossing. (2) (a) A driver approaching a school crossing shall stop his vehicle and cause it to

remain stationary-(i) if any pedestrian is on the crossing;

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r. 40 REGULATIONS r. 41 27

(ii) if an official traffic sign inscribed with the word "STOP" in black lettering on a red-orange fluorescent background is displayed to face him;

and shall not permit any portion of his vehicle to enter upon the school crossing while any pedestrian is upon such school crossing or while any such sign is so displayed.

(b) Where there is a stop line on the approach side of a school crossing any stop made pursuant to this subregulation (2) shall be made before reaching and as near as practicable to the stop line.

(3) A driver shall not permit any portion of his vehicle to enter upon a pedestrian crossing if any vehicle headed in the same direction is stopped on the approach side of or upon such pedestrian crossing apparently for the purpose of complying with this Regulation.

As amended by regulations published Gazette 5 August 1978, pp. 1595-1604; 8 March 1980, pp. 833-834; 21 January 1984, pp. 168-9.

DUTIES OF PEDESTRIANS

40. A pedestrian-(a) when on a footway or pedestrian crossing shall keep to the left side of such

footway or crossing; (b) when crossing a carriageway at an intersection shall keep left of pedestrians

crossing in the opposite direction; (c) when crossing a carriageway or portion thereof shall do so as nearly as

practicable by the shortest and most direct route to the carriageway boundary; (d) after alighting from a vehicle on to a carriageway and not being on a safety

zone shall proceed as soon as practicable to the nearest footway by the shortest and most direct route.

Paragraphs (b) and (c) of this Regulation shall not apply at an intersection or other area controlled by traffic control signals which provide a period of time during which pedestrians only may use the carriageway. Paragraph (d) of this Regulation shall not apply to a tramway employee in uniform engaged in the discharge of his duties.

RESTRICTIONS ON PEDESTRIANS

41. A person shall not-(a) while awaiting to board a vehicle stand on any portion of a carriageway other

than a safety zone; (b) proceed from a footway towards a vehicle for the purpose of boarding it until

it has stopped; (c) alight from or board a moving vehicle; (d) remain on a pedestrian crossing longer than is necessary for the purpose of

passing over the carriageway with reasonable despatch; (e) stand upon a footway or carriageway so as to inconvenience, obstruct, hinder

or prevent the free passage of any other pedestrian or any vehicle; (f) being a pedestrian-

(i) stand upon or proceed along the side of a segregated footway which corresponds to the side of the segregated footway sign applicable to that person's direction of travel on which the symbol of a bicycle is depicted; or

(ii) cross a bicycle path or a segregated footway if in so doing that person would impede the progress of any bicycle or tricycle travelling along such bicycle path or segregated footway in accordance with these Regulations.

Paragraphs (a), (b) and (c) of this Regulation shall not apply to a tramway employee in uniform engaged in the discharge of his duties.

Paragraphs (d) and (e) of this Regulation shall not apply to any person acting as a school patrol or school crossing supervisor under the provisions of Regulation 164 of these Regulations.

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28 r. 42 REGULATIONS r. 44

As amended by regulations published Gazette 21 January 1984, pp. 168-9; 10 May 1986, pp. 582-6 (as from 1 June 1986).

WALKING ON CARRIAGEWA YS

42. (1) A pedestrian shall not proceed along a carriageway of a road if a footway exists on the road and is in a fit condition for use.

(2) A pedestrian proceeding along a carriageway shall when practicable face traffic which may approach him from the opposite direction and keep as close as he can to the right boundary of the carriageway.

(3) A pedestrian shall not proceed along a carriageway abreast of more than one other pedestrian except in a procession or parade authorised by the District Superintendent.

( 4) A pedestrian shall not enter upon any portion of a carriageway outside of and within 20 metres of a pedestrian crossing.

(5) Nothing in the foregoing provisions of this Regulation shall apply in respect of a carriageway from which vehicles are for the time being excluded.

A VOID COLLISION

(6) A pedestrian upon any road shall take due care and precaution to avoid a collision with any other pedestrian or any vehicle upon such road.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

BLIND PEDESTRIANS

42A. (1) Every pedestrian shall give way to a pedestrian displaying a walking stick or cane that is predominantly white.

(2) A pedestrian, other than a blind person or a person whose sense of sight is partially absent, shall not display a walking stick or cane that is predominantly white.

(3) For the purposes of this Regulation the expression "a person whose sense of sight is partially absent" means a person whose sense of sight is so impaired (the onus of proof of which shall lie upon the person) as to require the use of a walking stick or cane that is predominantly white for his safe movement as a pedestrian.

Heading inserted by regulations published Gazette 15 October 1977, p. 594.

Reg. 42A inserted by regulations published Gazette 15 October 1977, p. 594; as amended by regulations published Gazette 24 June 1978, p. 986.

PART 8

TURNING, AND DRIVER'S SIGNALS FOR STOPPING AND TURNING

LEFr TURNS

43. (1) A driver (other than a driver of a tram) who is about to make a left turn at an intersection shall, subject to the provisions of Regulation 44A, so drive his vehicle that when it reaches the intersection it shall be to the left of any vehicle abreast of his vehicle and proceeding in the same direction.

(2) This Regulation shall not apply to a driver whose vehicle is in a marked lane immediately to the right of a marked lane allocated exclusively to left turning vehicles by means of a sign erected alongside or over it or by means of markings on its surface.

As amended by regulations published Gazette 13 March 1982, pp. 987-1003.

RIGHT TURNS

44. (1) A driver (other than a driver of a tram) who is about to make a right turn at an intersection shall-

(a) where he is travelling on a two-way carriageway approach and enter the intersection so that his vehicle is to the left of, parallel to and as near as practicable to the centre of that carriageway;

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r. 44A REGULATIONS r. 44A 29

(b) subject to the provisions of Regulation 44A, where he is travelling on a one­way carriageway approach and enter the intersection so that his vehicle is parallel to and as near as practicable to the right boundary of that carriageway-

unless his vehicle is in a marked lane which has a sign alongside or over it or markings on its surface indicating that a right tum must or may be made.

(2) A driver (other than a driver of a tram) making a right turn at an intersection shall make the right tum so that-

(a) if the carriageway being entered is a two-way carriageway his vehicle enters it to the left of the centre of that carriageway;

(b) if the carriageway being entered is a one-way carriageway, his vehicle enters it as near as practicable to the right boundary of that carriageway;

(c) wherever practicable his vehicle passes to the right of the centre of the intersection.

For the purposes of this subregulation a vehicle shall be deemed to enter a carriageway at the point where the vehicle leaves the intersection.

(3) A driver (other than a driver of a tram) who is about to make a right turn to enter land abutting on a road shall-

(a) where he is travelling on a two-way carriageway position his vehicle so that it is to the left of, parallel to and as near as practicable to the centre of that carriageway;

(b) where he is travelling on a one-way carriageway position his vehicle so that it is parallel to and as near as practicable to the right boundary of that carriageway.

(4) Notwithstanding the foregoing provisions of this Regulation a driver who is about to make or is making a right turn at an intersection where markers, marks or signs are so placed as to indicate that a different course from that specified in this Regulation should be travelled shall not turn his vehicle at the intersection otherwise than as indicated by the markers, marks or signs.

(5) Notwithstanding the foregoing provisions of this Regulation, a person riding a bicycle or tricycle who is about to make or is making a right hand turn at an intersection may-

( a) subject to the provisions of Regulation 43 (2) of these Regulations, approach such intersection parallel to and as near as practicable to the left boundary of the carriageway or bicycle lane he is about to leave;

(b) notwithstanding the provisions of subregulations ( 1) and (2) of this Regulation, enter the intersection and keep as near as practicable to the prolongation of the left boundary of the carriageway he is in and take up a position as near as practicable to the prolongation of the left boundary of the carriageway he is about to enter; and

(c) turn his vehicle to the right and proceed to leave the intersection: Provided that-

(i) where any traffic control light signal is erected and operating at the intersection, the person riding the bicycle or tricycle shall wait before proceeding to leave the intersection until the traffic control light signal is displaying a green circle applicable to him in respect of the carriageway he is about to enter;

(ii) where any traffiC: control light signal erected at an intersection displays intermittent single amber flashes or is not operating or where there are no traffic control light signals erected at the intersection, the person riding the bicycle or tricycle shall give way to any other vehicle which has entered or is approaching the intersection.

As amended by regulations published Gazette 20 October 1973, pp. 944-6; 13 March 1982, pp. 987-1003; 10 May 1986, pp. 582-6 (as from 1 June 1986).

TURNS BY VEHICLES 7.5 METRES OR MORE IN LENGTH

44A. (1) The driver of a vehicle which is 7.5 metres or more in length and which has clearly displayed on the rear of it a sign having a minimum area of 0.125 square

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30 r. 45 REGULATIONS r. 45

metres and displaying the words "DO NOT OVERTAKE TURNING VEHICLE" in block letters not less than 50 mm in height in black lettering on a retro-reflective yellow background may cause the vehicle to turn at an intersection in a direction contrary to that indicated by an arrow or arrows referred to in paragraph (b) of subregulation 20 (4), but not in a direction contrary to any other Official Traffic Sign, if-

(a)-

(i) being on a one-way carriageway which has marked hines on the carriageway, the vehicle is in the marked lane adjacent to the marked lane nearest to the boundary of the carriageway which is on his right-hand side, or is partly in one and partly in the other of those lanes, and the vehicle is turned to his right; or

(ii) being on any carriageway which has marked lanes on the carriageway, the vehicle is in the marked lane adjacent to the marked lane nearest to the boundary of the carriageway which is on his left-hand side, or is partly in one and partly in the other of those marked lanes, and the vehicle is turned to his left; and

(b) he would be entitled to turn the vehicle in that direction if the vehicle were in the marked lane nearest to th~ boundary of the carriageway;

(c) it is not practicable in all of the circumstances for the turn to be negotiated from the marked lane nearest to that boundary of the carriageway; and

(d) the vehicle is equipped with a signalling device or devices complying with the provisions of paragraphs (b), (d) or (f) (for the purposes of a right-hand turn) or (c), (e) or (f) (for the purposes of a left-hand turn) of subclause 3 of clause 72 of the Schedule to Part 13, and the driver indicates his intention to turn right or left, as the case may be, in accordance with the provisions of these Regulations.

(2) A person shall not upon any road drive a motor vehicle displaying a sign which bears the words "DO NOT OVERTAKE TURNING VEHICLE" unless the vehicle to which it is attached is 7.5 metres or more in length, and the sign complies in every respect with the sign referred to in subregulation 44A ( 1 ).

(3) A person shall not upon any road drive a motor vehicle displaying a sign which bears words which vary from, but are to the effectof, the words "DO NOT OVERTAKE TURNING VEHICLE".

Inserted by regulations published Gazette 13 March 1982, pp. 987-1003.

TURN RIGHT AND STOP SIGNALS

45. (1) A driver (other than a driver of a tram) shall not turn right or diverge right or stop or suddenly decrease speed or make a U turn without giving a signal as prescribed in this Regulation.

(2) A driver who is about to turn right or diverge right or stop or suddenly decrease speed or make a U turn shall signal his intention of doing so for such time as is necessary to give reasonable warning to other persons upon a road including drivers approaching from behind.

(3) For the purposes of and without limiting the generality of subregulations (2) and (6) of this Regulation a signal shall be deemed to give reasonable warning if it is given continuously-

( a) while a vehicle is travelling 30 metres immediately before it commences to turn and during any period when it is stationary before it commences to turn;

(b) while a vehicle is travelling 30 metres immediately before it commences to diverge right or diverge left; or

(c) while the brakes of a vehicle are applied before it stops or while it is slowing down.

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r. 45 REGULATIONS r. 45 31

(4) Any signal required by this Regulation shall be given­

(a) by means of the hand and arm; or

(b)-

(i) in the case of a signal of intention to turn or diverge right or make a U turn, by means of a hand shaped signalling device, semaphore signalling device or flashing lamp signalling device; or

(ii) in the case of a signal of intention to stop or reduce speed suddenly, by means of a brake lamp or lamps or a hand shaped signalling device:

Provided that such hand shaped signalling device, semaphore signalling device, flashing lamp signalling device or brake lamp shall comply with the specifications for that device or brake lamp prescribed by the Schedule to Part 13 of these Regulations.

(5) Where a driver gives a signal by hand and arm he shall with the palm of his hand facing forward-

(a) signal his intention to turn right or diverge right or make a U turn by fully extending his right arm and hand horizontally beyond the right side of his vehicle approximately at right angles to the centre line of his vehicle;

(b) signal his intention to stop or reduce speed suddenly by extending his right arm beyond the right side of his vehicle with the upper arm horizontal and the forearm and fingers pointing upwards.

(6) Where a vehicle is equipped with signalling devices as prescribed in paragraphs (c), (e) and (f) of subclause (3) of clause 72 of the Schedule to Part 13, a driver who is about to turn left or diverge left shall signal his intention of doing so for such time as is necessary to give reasonable warning to other persons upon a road including drivers approaching from behind.

As amended by regulations published Gazette 27 November 1971, pp. 1475-7; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

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32 r. 46 REGULATIONS r. 47

UsE OF SIGNALLING DEVICES

46. A driver of a motor vehicle upon a road shall not permit a signalling device­( a) to remain in operation after the completion of the turn or divergence or stop

or sudden reduction of speed in respect of which the device was put into operation;

(b) to operate or remain in operation at any time for any purpose other than to indicate the driver's intention at that time to turn right, diverge right, turn left, diverge left, make a U turn, stop or reduce speed suddenly:

Provided that this subregulation shall not apply where the motor vehicle, not being a motor cycle, is stationary in a hazardous position on a carriageway including the shoulders of a carriageway or the lateral parts of a carriageway not used by the main body of moving traffic and the signalling devices displayed are flashing lamp turn signal devices in accordance with subclause (3) of Clause 42A of Part III of Division 2 of the Schedule to Part 13 of these Regulations.

As amended by regulations published Gazette 21 December 1974, pp. 1595-6; 26 July 1980, p. 2109.

SCHOOL Bus WARNING DEVICES

46A. A driver of a school bus-( a) shall, in addition to complying with any other requirements ofthese Regulations

which may apply to such driver, give reasonable warning of his intention to stop for the purpose of picking up or setting down passengers by signalling his intention of doing so by activating simultaneously the four flashing amber lamps, specified in clause 18B of Table F of Part 1 of Division 2 of the Schedule to Part 13 of these Regulations and shall keep such lamps activated during the period that the school bus is-

(i) about to stop; (ii) stationary; and

(iii) moving off from the position where it had remained stationary. For the purposes of and without limiting the generality of subregulation

(a) of this Regulation a signal shall be deemed to give reasonable warning if it is given continuously in accordance with the provisions of subregulation (3) of Regulation 45 of these Regulations;

(b) shall not permit the amber lamps referred to in paragraph (a) of this Regulation to be activated other than in compliance therewith;

(c) shall not drive such vehicle unless there is displayed on the front and rear thereof the si~n "SCHOOL BUS" as specified in clause 18B of Table F of Part 1 of Division 2 of the Schedule to Part 13 of these Regulations;

(d) shall not drive such vehicle displaying the signs referred to in paragraph (c) of this Regulation except when such vehicle is being used as a school bus.

Heading inserted by regulations published Gazette 6 October 1979, pp. 586-587.

Reg. 46A inserted by regulations published Gazette 6 October 1979, pp. 586-587.

U TURNS

47. A driver shall not cause his vehicle to make a U turn-(a) unless he has a clear view of traffic in both directions for a distance of at

least 150 metres; or (b) at any intersection at which a traffic control light signal is operating.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

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r. 48 REGULATIONS r. 50 33

PART 9

RAILWAY LEVEL CROSSINGS

STOPPING AT LEVEL CROSSINGS 48. (1) A driver approaching a railway level crossing shall stop his vehicle so that

the leading portion thereof is on the approach side of and safely clear of the nearest rail of the railway-

(a) if he is directed or instructed to stop by a railway employee and shall not proceed except in accordance with the railway employee's direction;

(b) if an approaching train is visible or emits an audible signal and there is danger of collision between his vehicle and the train and shall not proceed until it is safe to do so;

(c) if a stop sign facing the driver is erected at or near the level crossing and shall proceed only if it is safe to do so;

(d) if twin alternating red lights are flashing or a wigwag signal is moving or a warning bell is ringing at or near the level crossing and shall not proceed until the lights, signal or bell have ceased to flash, move or ring unless otherwise directed or instructed by a railway employee.

(2) A person shall not drive a vehicle through, around or under any gate, boom or barrier at a railway level crossing or enter upon the crossing while such gate, boom or barrier is closed or is being opened or closed to road traffic.

(3) A driver of a vehicle shall not enter upon or attempt to cross a level crossing if the carriageway beyond such level crossing is blocked by traffic, notwithstanding a traffic control light signal to proceed.

As amended by regulations published Gazette 11 April 1970, p. 1400.

PART 10

SPEED RESTRICTIONS

HAVING REGARD TO SPEED-KEEP SAFE DISTANCE APART 49. The driver of a motor vehicle shall not follow another vehicle more closely than

is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the road.

SPEED LIMITS 50. (1) A person shall not drive a motor vehicle, other than an articulated vehicle,

upon a road-

2

(a) in a built-up area at a rate of speed greater than 60 kilometres per hour where no other speed limit is indicated by an official traffic sign upon that road;

{b) not being a road in a built up area-(i) in the case of a school bus carrying standing passengers, at a rate of speed

greater than 90 kilometres per hour; (ii) in the case of any other motor vehicle, at a rate of speed greater than 100

kilometres per hour; (c) at a rate of speed greater than the speed limit indicated by an official traffic

sign upon such road.

(2) A person shall not drive an articulated vehicle upon a road-(a) in a built-up area at a rate of speed greater than 50 kilometres per hour,

provided that-(i) where an official traffic sign upon that road indicates a speed limit of less

than 50 kilometres per hour, he shall not drive such a vehicle at a rate of speed in excess of that lesser speed limit; and

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34 r. 51 REGULATIONS r. 53

(ii) where an offical traffic sign upon that road indicates a speed limit greater than 60 kilometres per hour, he shall not drive such vehicle at a rate of speed in excess of that greater speed limit.

(b) not being a road in a built-up area-

(i) at a rate of speed greater than 90 kilometres per hour; or

(ii) where an official traffic sign upon that road indicates a speed limit of less than 90 kilometres per hour, at a rate of speed in excess of that lesser speed limit.

(3) For the purposes of this regulation, an articulated vehicle does not include an articulated omnibus approved for the carriage of passengers under a licence or permit issued pursuant to the provisions of the State Transport Act 1960-1981.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 June 1974, pp. 1220; 19 June 1982, p. 1619; 26 June 1982, p. 2065; 22 September 1984, p. 409; 20 April 1985, p. 2244.

SPEED WHEN LIGHTS CANNOT BE DIPPED

51. A person shall not during hours of darkness drive upon a road at a rate of speed exceeding 50 kilometres per hour any motor vehicle which is not equipped with a dipping device.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20.

SPEED OF MOTOR CYCLE WITH SMALL ENGINE

52. A person shall not during hours of darkness drive upon a road-

(a) any motor cycle the engine capacity of which does not exceed 100 millilitres at a rate of speed exceeding 40 kilometres per hour; or

(b) any motor cycle the engine capacity of which exceeds 100 millilitres but does not exceed 200 millilitres at a rate of speed exceeding 50 kilometres per hour:

Provided that this Regulation shall not apply to any motor cycle which is fitted with a headlamp having an effective range of at least 50 metres.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

APPLICATION OF REGULATIONS RELATING TO SPEED

53. ( 1) Where under or in pursuance of any provision of the Act or these Regulations the speed at which a vehicle may be driven upon a road is limited by reference to the time, place or circumstances of the driving thereof, or otherwise howsoever, every other provision of these Regulations shall apply so that nothing in such other provision shall authorise or be deemed to authorise any person to drive a vehicle on a road at a speed which contravenes the limitations imposed by such firstmentioned provision.

(2) Every provision of this Part of these Regulations shall apply so as not to authorise, justify or excuse the driving of any vehicle upon any road-

(a) negligently;

(b) recklessly;

(c) at a speed or in a manner which is dangerous to the public;

(d) without due care and attention;

(e) without reasonable consideration for other persons using the road;

(f) without using reasonable care and taking reasonable precautions to avoid endangering the life, safety or health of any person; or

(g) otherwise in a manner which is an offence against the Act or these Regulations.

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r. 54 REGULATIONS

PART II

STOPPING, STANDING AND PARKING VEHICLES

METHOD OF PARKING VEHICLES

54. (1) The driver of a vehicle upon any road-

r. 55 35

( a) where no method of parking is indicated by an offical traffic sign shall not park a vehicle, other than a motor cycle without a side-car attached, otherwise than by parallel parking;

(b) where any method of parking is indicated by an official traffic sign, shall not park such vehicle otherwise than by the method of parking indicated on that sign;

(c) notwithstanding any other provision of this Regulation shall not park a vehicle exceeding 8 metres in length or a vehicle and trailer with a combined length exceeding 8 metres where angle parking or centre parking is required;

(d) in the case of a motor cycle without a side-car attached being parked in an area where other motor vehicles are required to be parked by parallel parking, shall park such motor cycle so that at least one wheel of it is as close as practicable to the boundary of the carriageway against which parking is required;

(e) shall not park such a vehicle in a loading zone. (2) The driver of a vehicle upon any road shall not park or stand such vehicle-

( a) in the case of a motor vehicle other than a motor cycle without a sidecar, at a nearer distance than 1 metre from any other vehicle except where angle parking or centre parking is required;

(b) so that less than 3 metres of the width of the carriageway between the vehicle and the far boundary of the carriageway or between the vehicle and a marked centre line is available for the movement of traffic;

(c) so that it will cause undue obstruction on the carriageway or undue delay to other vehicles;

(d) where parking bays are marked on the carriageway surface, otherwise than entirely within the confines of a single bay;

(e) partly within and partly outside an area set apart for the parking or standing of a vehicle or vehicles.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

PROHIBITED STANDING PLACES

55. A person shall not upon a road park stop or leave stand a vehicle-(a) between the centre of the carriageway of such road and a vehicle or stall

standing or parked upon the carriageway of such road. Proof that a vehicle was found parked stopped or standing upon a road between the centre of the carriageway of such road and another vehicle or stall standing or parked upon the carriageway of such road shall be prima facie evidence of the fact that · the first-mentioned vehicle was parked stopped or left standing between the centre of the carriageway of such road and the other vehicle or stall:

Provided that this paragraph (a) shall not apply so as to prevent a vehicle from being properly parked by centre parking;

(b) upon or so that any part thereof encroaches upon any intersection, footway, pedestrian crossing, level crossing, bicycle path, segregated footway, shared footway, bridge or other elevated structure or public stand or within a tunnel or underpass or so as to obstruct or hinder the passage of any vehicle to or from any road, ferry or wharf or from the carriageway of any road to any driveway between such carriageway and any adjacent premises, loading dock or other place provided for access of vehicles, or from any such driveway to the carriageway of any road;

~(c) at a nearer distance than 3 metres from any postal pillar or postal letter box;

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36 r. 55 REGULATIONS r. 55

(d) where there is a double centre-line, unless there is a distance of at least 3 metres between such vehicle and the nearer of the lines forming such double centre-line;

(e) at a nearer distance than 6 metres from any intersection, or from the approach side of a sign on a tram route inscribed with the words "TRAM STOP HERE" or "HAIL TRAMS HERE";

(f) Where anofficial stopping place for omnibuses is indicated by-(i) a sign with the words "BUS STOP" inscribed thereon at a nearer distance

than 18 metres from the approach side or 6 metres on the departure side of such sign;

(ii) two or more signs inscribed with the words "BUS STOP" so that any part of such vehicle is between one of such signs and the next sign of the same type displayed upon such road in the direction indicated by an arrow on that sign;

(iii) two or more signs inscribed, inter alia, with the words "NO STANDING BUSES EXCEPTED" so that any part of such vehicle is between one of such signs and the next sign of the same type displayed upon such road in the direction indicated by an arrow on that sign, during the period between hours times or days during which the direction given by such sign applies:

Provided that subparagraphs (i) and (ii) of this paragraph (f) shall not apply to a person driving an omnibus:

Provided further that subparagraph (iii) of this paragraph (f) shall not apply to a person driving an omnibus whilst parking stopping or standing such omnibus in accordance with the directions or indications given by any official traffic sign;

(g) at a nearer distance than 18 metres from the nearest rail of a railway level crossing;

(h) upon or so that any part of it encroaches upon the carriageway in a position where by reason of a grade or curve in such road, the driver of any other vehicle approaching it from the rear will not have a clear view of it for a distance of at least 50 metres;

(i) upon a transit lane except that an omnibus at an omnibus stand or a vehicle licensed to carry passengers for hire or reward may be left standing while persons are actually entering such omnibus or vehicle or alighting therefrom;

(j) upon a bus lane except that an omnibus at an omnibus stand may be left standing while persons are actually entering such omnibus or alighting therefrom;

(k) where an official standing place for ambulances is indicated by two or more signs inscribed, inter alia, with the words "NO STANDING AMBULANCES EXCEPTED" so that any part of such vehicle is between one of such signs and the next sign of the same type displayed upon such road in the direction indicated by an arrow on that sign, during the period between hours times or days during which the direction given by such sign applies:

Provided that this paragraph shall not apply to a person driving an ambulance whilst parking stopping or standing such ambulance in accordance with the directions or indications given by an official traffic sign;

(1) upon a clearway except that an omnibus at an omnibus stand or a vehicle licensed to carry passengers for hire or reward may be left standing while persons are actually entering such omnibus or vehicle or alighting therefrom;

(m) in any area or place demarcated by official traffic signs on which are inscribed the words "LOADING ZONE" except-

(i) where the signs indicate a class or classes of vehicles, the vehicle is a vehicle of that class or of one of those classes;

(ii) where the signs indicate a purpose or purposes, the vehicle is parked, stopped or left stand for that purpose or one of those purposes;

(iii) where the signs do not indicate any purpose, the vehicle is parked, stopped or left stand for the purpose either of picking up or setting down passengers or of loading or unloading goods;

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r. 56 REGULATIONS r. 57 A 37

(iv) where a period of time is specified on the signs, the vehicle is parked, stopped or left stand for no longer than that period; and

(v) where no period of time is specified on the signs, the vehicle is parked, stopped or left stand for no longer than- ·

(a) two minutes where the vehicle is parked, stopped or left stand for the purpose of picking up or setting down passengers; or

(b) twenty minutes where the vehicle is parked, stopped or left stand for the purpose of loading or unloading goods;

(n) adjacent to that side of a bicycle lane that is nearest the centre of the carriageway except where parking, stopping or standing is permitted by official traffic signs.

Provided that the provisions of this Regulation prohibiting a person from parking stopping or leaving stand a vehicle on an intersection shall not apply to the parking stopping or leaving stand of a vehicle adjacent to the boundary of a carriageway which is not broken by a road entering the intersection, nor shall any paragraph of this Regulation apply to the person parking stopping or leaving stand a vehicle in compliance with the indication or direction given by an official traffic sign.

As amended by regulations published Gazette 22 December 1962, p. 1603; 22 June 1974, pp. 1116-20; 21 September 1974, p. 290; 29 November 1975, pp. 1255-59; 16 February 1980, pp. 529-530; 11 October 1980, p. 711; 14 January 1982, p. 134; 11 August 1984, p. 2099; 10 May 1986, pp. 582-6 (as from I June 1986); 19 July 1986, pp. 2185-9.

RESTRICTIONS ON STANDING TRAMS

56. A driver of a tram shall not leave it standing so that any portion of the tram is upon an intersection or pedestrian crossing.

RESTRICTION ON PARKING OF LONG VEHICLES

57. A person shall not park a vehicle which has a measurement greater than 8 metres from its most forward projection to its rearmost projection including any load thereon on any carriageway except-

(a) for a maximum period of one hour on a carriageway in a built-up area; (b) on such part of a carriageway and at such times and under such conditions

as are permitted by the District Superintendent; or (c) outside a built-up area on the shoulders of a carriageway or the lateral parts

of a carriageway not used by the main body of moving traffic.

In this Regulation "vehicle" includes a combination of a vehicle and a trailer.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

RESTRICTION ON DRIVING OR STANDING IN EMERGENCY LANES

57 A. A person shall not drive upon or leave a vehicle standing upon any portion of a carriageway set aside for emergency stopping by signs or pavement markings unless the condition of the driver or vehicle or any other factor renders it necessary or desirable in the interests of safety that the vehicle be so driven or left.

Heading inserted by regulations published Gazette 9 February 1980, p. 458.

Reg. 57A inserted by regulations published Gazette 9 February 1980, p. 458.

PART 12

REGULATED PARKING

Heading substituted by regulations published Gazette 10 July 1965, pp. 1406-7 (as from 19 July 1965).

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38 r. 58 REGULATIONS r. 59

PENALTIES, &c. 58. (l) Any person who contravenes or fails to comply with any provision of the Act

or these Regulations relating to a regulated parking offence shall, upon being prosecuted in a summary way under "The Justices Acts, 1886 to 1964," in respect of that matter, be liable to a penalty as provided in subsection (2) of section 45 of the Act.

(2) Any sum of money which may be paid as provided under section 44F of the Act by way of penalty for any regulated parking offence shall be as follows:-

(a) For any offence (other than an offence against paragraphs (f), (k), (I) and (m) of Regulation 55) deemed to be a regulated parking offence-$5;

(b) For any offence against Regulation 55 (f) deemed to be a regulated parking offence-$30;

(c) For any offence against Regulation 55 (k) deemed to be a regulated parking offence-$ 50;

(d) For any offence against Regulation 55 (I) deemed to be a regulated parking offence-$30;

(e) For any offence against Regulation 55 (m) deemed to be a regulated parking offence-$20.

(3) Any person who, consequent upon the issue pursuant to section 44F of the Act of a notice, tenders to the Town Clerk (or officer nominated in that behalf and· named in that notice) a sum of money by way of penalty shall forward or deliver, with the tender of such sum of money, to the Town Clerk or, as the case may be, that officer, the form annexed to or endorsed or written upon that notice, completed by him.

Heading substituted by regulations published Gazette 10 July 1965, pp. 1406-7 (as from 19 July 1965).

Reg. 58 substituted by regulations published Gazette 10 July 1965, pp. 1406-7 (as from 19 July 1965); as amended by regulations published Gazette 21 September 1974, p. 290; 11 October 1980, p. 711; 14 January 1982, p. 134; 11 August 1984, p. 2099; 19 July 1986, pp. 2185-9.

FACILITATION OF PROOF 59. (l) In any proceedings under or for the purpose of the Act or these Regulations

the allegation or averment in any complaint-(a) That at any time or date mentioned in the complaint any place is or is not

or was or was not a metered space, parkatarea space, or loading zone, as the case may be, or a part thereof, or is or is not or was or was not within a Traffic Area;

(b) That any specified time is or is not or was or was not within the fixed hours in relation to a metered space or spaces, or a parkatarea space or spaces, or is or is not or was or was not within the hours and upon a day during which regulated parking other than metered parking and parkatarea parking is or was operative within a Traffic Area;

(c) That any specified period is or was the prescribed maximum period for which a vehicle may be parked in a metered space or in a parkatarea space, or within a Traffic Area other than in a metered space or parkatarea space;

(d) That a device installed in, on or adjacent to a metered space or parkatarea space is a parking meter or parkatarea, as the case may be, duly installed and maintained in relation to, or provided for, that space,

shall be prima facie evidence of the matter or matters so alleged or averred.

(2) This regulation shall apply to any matter alleged or averred hereunder although evidence in support of such matter or of any other matter is given and shall not lessen or affect any onus of proof otherwise falling on the defendant.

Heading substituted by regulations published Gazette 10 July 1965, pp. 1406-7 (as from 19 July 1965).

Reg. 59 substituted by regulations published Gazette 10 July 1965, pp. 1406-7 (as from 19 July 1965).

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r. 60 REGULATIONS r. 68 39

60-67. (Repealed).

Repealed by regulations published Gazette 10 July 1965, pp. 1406-7 (as from 19 July 1965).

PART 13

CONSTRUCTION OF VEHICLES, AND EQUIPMENT, LOADING, USE AND INSPECTION OF VEHICLES

VEHICLES TO COMPLY WITH SCHEDULE 68. (1) A person shall not drive or stand a vehicle or permit to stand a vehicle upon

any road unless-(a) such vehicle is equipped with the items of equipment appropriate thereto

specified in and required by the Schedule to this Part of these Regulations; (b) such items of equipment conform with the requirements specified in such

Schedule; (c) it is so constructed, equipped and loaded that it complies with all other

provisions appropriate thereto specified in such Schedule; (d) the vehicle and its parts and equipment are in a good and thoroughly

serviceable condition:

Provided that in respect of the items of lighting equipment set out in Divisions 4 and 5 of the Schedule of this Part of these Regulations in the case of vehicles described in those Divisions it shall be sufficient compliance with this subregulation if such vehicles are so equipped during hours of darkness only.

DRIVER TO REPORT DEFECT TO OWNER

(2) Where any person employed by the owner of a motor vehicle to drive that vehicle becomes aware that such vehicle is not in good mechanical order and in a safe and thoroughly serviceable condition to be used upon any road, he shall, as soon as practicable, prepare in duplicate a report on a form supplied to him for that purpose by the owner, showing the date thereof and the registered number of the vehicle and specifying what parts or equipment of the vehicle need, in his opinion, to be repaired, replaced or adjusted to put it in good mechanical order and in a safe and thoroughly serviceable condition. One copy of the report shall be retained by such person and the other, as soon as practicable, shall be left by him with the owner or where it is not practicable for the owner personally to take delivery of it, for the owner with a person or at a place appointed by the owner for that purpose.

OWNER'S LIABILITY (3) Without limiting the liability of any other person where a motor vehicle is driven

upon a road in contravention of subregulation ( 1) hereof the owner of such vehicle shall be guilty of an offence.

OWNER'S DUTY TO PROVIDE AND RETAIN REPORT FORM (4) The owner of a motor vehicle who employs any person to drive such vehicle

shall-(a) provide such person with forms for the purpose of subregulation (2) hereof

and appoint a person with whom or a place at which any report referred to in such subregulation may be left for him when it is not practicable for him personally to take delivery of it;

(b) retain for a period of six months from the date thereof, the copy of the report left with or for him and forthwith upon demand by any Police Officer produce it or cause it to be produced for inspection.

(5) The provisions of subregulations (2) and (4) hereof shall not impair the liability of any person under subregulations (1) and (3) hereof.

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40 r. 68 REGULATIONS r.68

NOT PERMIT PERSON TO DRIVE WITHOUT OWNER'S CONSENT

(6) The driver of a motor vehicle upon any road shall not permit any other person to drive such motor vehicle without the consent of the owner thereof.

ALTERATION OF MOTOR VEHICLE CHASSIS, BODY OR EQUIPMENT

(7) A person shall not-

(a) extend or otherwise alter any motor vehicle chassis unless approval for such extension or alteration is first obtained from the Chief Inspector of Motor Vehicles;

(b) change or alter the body or any of the equipment of any motor vehicle in such a way as to affect adversely the safety of such vehicle.

As amended by regulations published Gazette 20 October 1973, pp. 944-6; 13 March 1982, pp. 987-1003.

(8) Notwithstanding any requirement of Part 13 of these Regulations to the contrary, and without the approval of the Chieflnspector of Motor Vehicles pursuant to paragraph (a) of subregulation (7), there may be fitted-

( a) a replacement engine to a passenger car or passenger car derivative manufactured prior to the first day of January, 1974, provided-

(i) the replacement engine shall be either-

(A) that specified in the Table to this subregulation for the particular make and model of the passenger car or passenger car derivative; or

(B) except where an engine specified in the Table is listed as the only replacement engine for the particular make and model, any engine the capacity, brake horse power and torque of which do not exceed the capacity, brake horse power and torque (in each case) of the engine specified in the Table for the particular make and model;

(ii) any vehicle alteration or modification specified in the Table is carried out in association with the fitting of the replacement engine; and

(iii) the fitting of the replacement engine does not require any other alteration to the motor vehicle chassis;

(b) a replacement engine to a passenger car, passenger car derivative or multipurpose passenger car manufactured on or after the first day of January, 1974, provided-

(i) the replacement engine is an engine offered as an original option by the vehicle's manufacturer;

(ii) where relevant, the braking and suspension systems of the vehicle are upgraded to the level specified by the vehicle's manufacturer for such a vehicle when fitted with the option; and

(iii) the replacement engine complies with the emission and noise requirements of the Australian Design Rules applicable at time of manufacture of the vehicle;

(c) exhaust extractors to any motor vehicle, provided-

(i) they do not foul any part of the steering, suspension, braking or fuel systems;

(ii) the ground clearance of the vehicle is not thereby lessened; and

(iii) the vehicle, as modified by the fitting of the exhaust extractors, complies with the emission and noise requirements of the Australian Design Rules applicable at the time of the vehicle's manufacture;

(d) a replacement carburettor to any motor vehicle provided the vehicle, as modified by the fitting of the replacement carburettor, complies with the emission and noise requirements of the Australian Design Rules applicable at the time of the vehicle's manufacture.

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r.68 REGULATIONS r. 68 41

TABLE TO REGULATION 68 (8)

Make/Model of Vehicle

Austin­A30 Freeway .. Sprite

Chevrolet-1934-1948 Impala 283 V8 .. Corvair ......

Chrysler-Valiant all slant 6 .. Valiant VC-VG

Charger 1972/73VH All Chrysler/Valiant

Datsun-1000 and 1200 .. 1600 ... . 120Y ... . 180B .. 240/260 ..

Fiat-124 ....

Ford-Falcon-XL-XP

XR-XT XW-XA

XR-XD

B.M.C. Holden B.M.C.

Holden Holden Holden

Chrysler Chrysler Chrysler Chrysler Perkins

Nissan Nissan Nissan Nissan Holden

Fiat

Ford Ford Ford

Nissan Daihatsu V.M. lsuzu Ford

Cortina-Series I Ford II.. Ford III T.C. Ford

Escort Capri-1600 3000

Ford Ford

Hillman-Minx 1964 Imp ....

Hunter/Arrow

Jaguar .. ... .

Holden-1948-FJ-FE-FC FB-EK-EJ ..

Hillman Hillman

Nissan

Holden

Holden Holden

Replacement Engine

61 c. ins. 173 c. ins. 73 c. ins.

173 c. ins. 308 c. ins. V8 179 c. ins.

OHV OHV OHV

245 c. ins. (Hemi) } Subject to disc front 265 c. ins. 6 cyl. brakes being 318 c. ins. V8 fitted 360 c. ins. V8 6/236 Diesel

73 c. ins. 122 c. ins. 73 c. ins. 122 c. ins. 186 c. ins.

91 c. ins.

200 c. ins. } 302 c. ins. 351 c. ins.

129 c. ins. 154 c. ins. 146 c. ins. 145 c. ins. 144 c. ins.

91 c. ins. } 96 c. ins. 250 c. ins.

122 c. ins. 289 c. ins.

96 c. ins. } 64 c. ins.

122 c. ins.

308 c. ins.

138 c. ins. 186 c. ins.

OHV OHV-OHC OHV OHV-OHC OHV

OHV-OHC

Subject to brakes and suspension to Ford specification for V8 being used

SD 22 Diesel 4 cylinder Diesel 4 cylinder Diesel C240 Diesel 4/2.36 Diesel

Subject to OHV engines only

Subject to 6 cylinder model suspension and braking being used

Subject to OHV engines being used

Subject to Hunter G.T. disc brakes being fitted

Subject to EH-HR model front cross

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42 r. 68 REGULATIONS r. 68

TABLE TO REGULATION 68 (8)-continued

Make/Model of Vehicle

EH ...... HD-HR .. HK-HT-HG-HQ ..

HD-HR-HK-HT -HG­HQ to 1-1-74

Torana-HB-LC 70 series LC1600-1760 LC2250-3300 .. U-1256 .. . . U-1600 .. . . U (six cylinders) TA 1900 Opal ..

Morris-Minor MM and Series 2

Minor 1000 .. . . . . .. Major Series I-II and

Elite Mini 850 Morris

Triumph-Stag V8 .. . . . . . . . .

Leyland-P 76 V8 ..

Toyota-Crown ..

Volkswagon-1961-1967 . . 1967 to 1-1-74 ..

Daihatsu 4 x 4-FIOL

Land Rovers-All

Suzuki-4 cylinder U 80 } 3 cylinder U 50

Toyota-

Holden Holden G.M.H.

Perkins 4/230 Daihatsu Isuzu C240 Nissan SD22 V.M. 4 cyl.

G.M.H. G.M.H. Holden G.M.H . G.M.H . Holden Holden

B.M.C.

B.M.C. B.M.C.

B.M.C.

BMC/Leyland

BMC/Leyland

Holden

v.w . v.w.

Daihatsu

Holden

Suzuki

Replacement Engine

186 c. ins. 202 c. ins. 350 c. ins. V8

203 c. ins. 154 c. ins. 145 c. ins. 129 c. ins. 146 c. ins.

74 c. ins. 107 c. ins. 202 c. ins. 73 c. ins. 107 c. ins. 202 c. ins. Starfire engine only

73 c. ins.

73 c. ins. 96 c. ins.

61 c. ins.

269 c. ins.

269 c. ins.

202 c. ins.

91 c. ins. 96 c. ins.

91 c. ins.

202 c. ins.

48 c. ins.

member and brake system being fitted

Subject to brakes and suspension to GMH specifica­tions for V8 being used

Subjectto 1000 series brakes being fitted

Subject to ball joint torsion bar front suspension and disc front brakes being fitted

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r. 69 REGULATIONS

TABLE TO REGULATION 68 (B)-continued

Make/Model of Vehicle

Land Cruiser Holden/Ford

Willy s-Ex Army Jeep Holden

J Series Gladiator . . Holden

Replacement Engine

253 c. ins./260 c. ins.

138 c. ins.

308 c. ins.

r. 70 43

As amended by regulations published 13 March 1982, pp. 987-1003; 2 June 1984, pp. 1000-4.

LIGHTING OF VEHICLES

69. (1) A person shall not during hours of darkness drive upon a road-(a) any motor vehicle unless the lamps required by Part I of Division 2 of the

Schedule to this Part of these Regulations to be fitted to the vehicle are alight: Provided that this requirement shall not apply in respect of any lamp at

any time when such lamp is required or permited under these Regulations to be extinguished by the operation of a dipping device or otherwise;

(b) any vehicle drawn by animal power unless the lamps prescribed in Division 4 of the Schedule to this Part of these Regulations are fitted to the vehicle and are alight;

(c) any bicycle, tricycle, handcart, barrow or other similar vehicle propelled or designed for propulsion by human power unless the lamps prescribed in Division 5 of the Schedule to this Part of these Regulations are fitted to such vehicle and are alight.

DIPPING OF HEADLIGHTS

(2) The driver of a motor vehicle equipped with a dipping device shall cause the light projected by every headlamp of his motor vehicle to be dipped when his vehicle-

( a) is within 200 metres to the rear of a vehicle travelling in the direction in which he is travelling; or

(b) is approached by any other motor vehicle travelling in the opposite direction­(i) when the other motor vehicle reaches a point 200 metres from his motor

vehicle; or (ii) immediately the light projected by every headlamp of the other motor

vehicle is dipped (whichever is the sooner), and shall cause the light projected by every headlamp of his motor vehicle to remain dipped until he has overtaken or passed each such motor vehicle.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59; 13 March 1982, pp. 987-1003.

LIGHTS ON STATIONARY MOTOR VEHICLES

70. (1) A person shall not stand a motor vehicle upon a road with a lamp of a power exceeding 7 watts lighted showing a white light to the front except while the vehicle is taking up or setting down passengers or is compelled to remain stationary by the exigencies of traffic.

(2) A person shall not stand a motor vehicle or trailer upon any carriageway between sunset and sunrise unless there are affixed thereto- ·

(a) two lamps showing a clear white light to the front one on each side thereof and clearly visible under normal atmospheric conditions at a distance of at least 200 metres or, where the motor vehicle or trailer is standing adjacent

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44 r. 71 REGULATIONS r. 72

to the boundary of the carriageway, one such lamp which shall be on the side of the motor vehicle or trailer nearer the centre of the carriageway; and

(b) the rear lamp and any clearance lamps required by the Schedule to this Part of these Regulations to be fitted to the vehicle or trailer and such lamp or lamps is or are alight.

(3) Subregulation (2) of this Regulation shall not apply-( a) where the street lighting in the vicinity renders the motor vehicle or trailer

clearly visible at a distance of at least 200 metres; or (b) to motor cycles not connected to a side-car, fore-car or trailer standing parallel

to and as near as practicable to the edge of the carriageway. (4) Whilst a motor vehicle is standing upon a road at any time during hours of

darkenss any optional lamp permitted to be affixed to the vehicle by clauses 35, 36 and 37 of the Schedule to this Part of these Regulations may be alight.

As amended by regulations published Gazette 22 December 1962, p. 1603; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

MOTOR VEHICLE LAMPS-GENERAL PROVISIONS

71. A person shall not cause or permit-

FOG LAMP

(a) any fog lamp affixed to a motor vehicle upon a road to be lighted except in fog or mist, or under other atmospheric conditions which restrict visibility;

(b) a single fog lamp attached to a motor vehicle other than a motor cycle, upon a road, to be lighted unless the two additional lamps required under clause 40 (1) (b) of the Schedule to this Part of these Regulations are also lighted;

(c) a lamp or lamps of a power exceeding seven (7) watts and capable of showing white light to the front of the vehicle to be alight when any fog lamp or lamps, as the case may be, are alight;

SPOT OR SEARCH LAMP

(d) any spot or search lamp affixed to a motor vehicle upon a road to be lighted unless-

(i) the vehicle is stationary and the lamp is lighted and used for the purpose of examining or making adjustment or repairs to a vehicle, and the light from the lamp is not projected more than 6 metres;

(ii) the lamp is lighted for the temporary purpose of reading any finger or notice board or house number; or

(iii) the vehicle is being used by a governmental or municipal shire or other authority concerned with any public utility undertaking in connection with its functions;

ADDITIONAL HEADLAMP

(e) any additional headlamp permitted by clause 42 of the Schedule to this Part of these Regulations to be fitted to a motor vehicle to be lighted when the vehicle-

(i) is upon a road in a built-up area; or (ii) is being driven upon a road when any approaching vehicle is visible to its

driver.

As amended by regulations published Gazette 16 June 1972, p. 869; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

TRAM LIGHTS

72. A person shall not during hours of darkness drive any tram upon any road unless it is equipped with a lighted headlamp affixed in a prominent position on the front thereof

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r. 73 REGULATIONS r. 74 45

showing a white light to the front of such tram, visible under normal atmospheric conditions at a distance of at least 200 metres from such tram and another lighted lamp affixed in a prominent position on the rear thereof showing a light to the rear of such tram visible under normal atmospheric conditions at a distance of at least 200 metres from such tram.

As amended by regulations published Gazette 22 December 1962, p. 1603; 22 June 1974, pp. 11 16-20; 29 November 1975, pp. 1255-59.

ONLY ONE VEHICLE TO BE DRAWN

73. A person shall not upon any road drive any vehicle drawing­(a) more than one other vehicle; (b) in the case of an articulated vehicle-any other vehicle; (c) any bicycle or tricycle:

Provided that where a prime mover drawing a trailer has mechanical failure, it shall not be an offence under this Regulation for a towing vehicle to tow such prime mover and trailer to a place of safety or to a suitable place for repairs if the brakes of the vehicles being towed are in a fit condition to stop such vehicles and hold them stationary and there is a qualified driver in control of such prime mover.

73A. A person shall not, upon any road, drive any vehicle when a bumper bar of such vehicle or any attachment or attachments affixed to such bumper bar is or are used for the purpose of towing a trailer, caravan or vehicle.

Inserted by regulations published Gazette 11 April 1970, p. 1400.

TOWING

74. (1) A person shall not upon any road drive any vehicle having attached thereto for the purpose of being towed any other vehicle not being a trailer unless-

( a) the space between the two vehicles does not exceed 4 metres, or, where either of the vehicles is a motor cycle, 2. 5 metres;

(b) Where the vehicle being towed is a motor vehicle, a person holding a driver's licence authorising him to drive such vehicle is in control thereof for the purposes of the towing;

(c) where the two vehicles are joined by means of a rope, chain, wire, or other similar means, there is displayed between the vehicles a red flag or other object so as to be clearly visible as a warning of danger;

(d) where the vehicle being towed is not designed for propulsion by mechanical power, it is fastened with the shafts or pole thereof in actual contact with the towing vehicle;

(e) during hours of darkness, in addition to the requirements of these Regulations being complied with in respect of the towing vehicle, a lighted lamp or, when in the case of an emergency where a light cannot be so provided, a reflector is affixed to that part of the vehicle being towed which faces any following vehicle, in the centre of such part or to the right hand or offside of such centre, and which shows a red light or in the case where the use of a reflector is so authorised and provided a red reflection of light of the headlamp or headlamps of any following motor vehicle to the rear of the vehicle being towed, visible under normal atmospheric conditions at a distance of at least 200 metres from such vehicle, and where the two vehicles are joined by means of a rope, chain, wire or other similar means a white light is projected by a lamp or lamps affixed to the vehicle being towed or the towing vehicle, so that it will render clearly visible any flag or other object displayed in accordance with paragraph (c) of this Regulation.

Notwithstanding any other provision of these Regulations, where a vehicle is being towed no light shall be displayed thereon so as to be visible to the driver of any following vehicle, except as provided in paragraph (e) of this Regulation, or except light from any clearance, side marker or rear lamp required or permitted by the Schedule to this Part of these Regulations to be fitted to the vehicle.

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46 r. 75 REGULATIONS r. 75

(2) Where upon any road a vehicle is being towed by another vehicle a person shall not be in control of the towed vehicle for the purposes of the towing unless such person is the holder of a driver's licence authorising him to drive such vehicle.

As amended by regulations published Gazette 22 December 1962, p. 1603; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59; 9 February 1980, p. 458.

MAXIMUM LENGTH, WIDTH, HEIGHT, &c. 75. (1) A person shall not drive or cause or permit to stand upon a road-

(a) any motor vehicle (not being a m:otor cycle or a mobile crane which is 9.5 metres or less in length) where the loading or equipment upon such vehicle or any trailer drawn thereby-

(i) projects more than 1.2 metres in front of the headlamps of the motor vehicle;

(ii) projects more than 1.2 metres to the rear of the motor vehicle or trailer, as the case may be; or

(iii) projects more than 150 millimetres beyond the extreme outer portion of either side of the motor vehicle or trailer as the case may be;

(b) any motor cycle without a side-car attached if any loading or equipment upon such motor cycle projects more than 150 millimetres in front of the outer extremity of the front wheel or more than 300 millimetres behind the outer extremity of the rear wheel or such loading projects beyond the extreme outer portion of the cycle on either side;

(c) any motor cycle with a side-car attached if-(i) any part of the vehicle or its loading or equipment projects more than 600

millimetres in front of the front wheel or more than 900 millimetres behind the outer extremity of the rear wheel of the motor cycle; or

(ii) such loading projects beyond the extreme outer portion of the vehicle on either side;

(d) any articulated vehicle first registered on or after the 1st January, 1962, not being a vehicle to which a pole trailer is attached, if any part of the semi­trailer or its loading or equipment projects more than 1.9 metres radially forward of the axis of the pivot pin;

(e) any vehicle or vehicle and trailer drawn by animal power where the loading or equipment upon such vehicle or trailer-

(i) projects past the head of any animal harnessed to such vehicle; (ii) projects more than 1 metre behind the body of the vehicle if such vehicle

is a two-wheeled vehicle or I metre behind the body or behind the rear wheels if such vehicle is a four-wheeled vehicle;

(iii) in the case of any pole type jinker, projects beyond the rear end of the pole thereof;

(iv) projects more than 300 millimetres upon the outer side of the wheels or body of such vehicle:

Provided that the requirements of paragraphs (a) and (e) of subregulation (I) of this Regulation shall not apply in respect of any loading or equipment projecting more than 1.2 metres to the rear of any motor vehicle or of any trailer drawn thereby or more than I metre to the rear of any vehicle drawn by animal power if-

(a) the overall length of the vehicle or of the combination of vehicle and trailer, as the case may be, together with the loading or equipment thereon, is within the relevant limit fixed by the Schedule to this Part of these Regulations;

(b) there is carried at the extreme rear of such loading or equipment a red flag or other suitable object, in either case not less than 300 millimetres square, and such flag or object is kept clearly visible as a warning to persons on the roadway in the near vicinity of such vehicle or trailer; and

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r. 75A REGULATIONS r. 75A 47

(c) during hours of darkness there is affixed at the extreme rear of such loading or equipment-

(i) a lighted lamp showing a clear red light to the rear, visible under normal atmospheric conditions at a distance of at least 200 metres;

or (ii) not less than two reflectors capable of projecting a red reflection of light

from the headlamp of any following vehicle.

WHERE LOADING OR EQUIPMENT IS NOT READILY VISIBLE

(2) Where any portion of the loading or equipment of a motor vehicle or of any trailer drawn thereby projects in such a manner that· it would not be readily visible to any person following immediately behind such vehicle, the driver of the vehicle shall, by means of a red flag or other suitable object, in either case not less than 300 millimetres square, mark the end of the loading or equipment so that it may be clearly visible to persons in its vicinity. During hours of darkness such driver shall cause to be affixed to the extreme rear of such loading or equipment a lighted lamp or reflectors as prescribed in paragraph (c) of the proviso to subregulation (I) of this Regulation.

(3) For the purpose of this Regulation "equipment" shall include the pole of any pole-type trailer or jinker.

As amended by regulations published Gazette 22 December 1962, p. 1603; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59; 6 August 1983, pp. 2011-3.

75A. (1) In this Regulation "heavy motor vehicle" means any motor vehicle or combination of motor vehicle and trailer the laden or unladen weight of which exceeds 4 tonnes.

(2) On and after 1st June, 1964, a person shall not upon a road not being a road in a built-up area-

(a) drive or use or cause or permit to be driven or used any heavy motor vehicle unless there are carried on such vehicle three portable warning signs conforming with the requirements specified in this Regulation;

(b) during hours of darkness stand or cause or permit to stand any disabled heavy motor vehicle unless the three portable warning signs required to be carried on such vehicle are displayed, one in front of and one to the rear of such vehicle in a position not less than 50 metres nor more than 150 metres from such vehicle, and one beside such vehicle on the side nearer the centre of the carriageway, and are placed so as to give reasonable warning to the driver of any approaching vehicle and wherever practicable so that at least one sign is visible to any such driver at a distance of at least 200 metres.

(3) In the case of a heavy motor vehicle registered in any other State or Territory of the Commonwealth of Australia or other country it shall be sufficient compliance with this Regulation if the signs carried or displayed, as the case may be, conform with the requirements of the law for the time being in force in such State, Territory or other country and for this purpose the term "signs" shall mean and include the term "lamps".

(4) The portable warning signs required by this Regulation to be carried by a heavy motor vehicle or displayed near a disabled heavy motor vehicle, as the case may be, shall- /

(a) Be in the form of an equilateral triangle and may have an open centre; (b)· Have a minimum height of 290 millimetres; (c) Have arranged as a triangle on the front and on the back on a white

background-(i) Red reflecting sheeting or material not less than 30 millimetres or more

than 35 millimetres in width; or (ii) Nine red reflectors, each with a minimum diameter of 35 millimetres and

equally spaced to show four reflectors on each side of the triangle,

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48 r. 76 REGULATIONS r. 78

and so that no part of the sign projects less than 10 millimetres or more than 15 millimetres from the outer extremity of any such reflecting sheeting or material or any one such reflector;

(d) Be of robust and durable construction, capable of being readily erected to stand in an upright position and to remain unaffected to any material degree by any reasonable force of wind or variation in weather conditions; and

(e) Be clean and in good order and condition. (5) Any reflecting sheeting or material or reflectors referred to in subregulation (4)

hereof shall be such that at any time during hours of darkness when the upper beam of light from any headlamp complying with the provisions of these Regulations and placed at a distance of 200 metres, is projected directly on to the sign, there will be clearly visible to the driver of the vehicle to which such lamp is affixed, a red reflection of the sign.

Inserted by regulations published Gazette 18 January 1964, pp. 162-3; as amended by regulations published Gazette 25 April 1964, p. 1633; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

LOADING EXCEEDING NORMAL CARRYING CAPACITY OF VEHICLE

76. A person shall not upon any road drive any vehicle if the number of persons or the weight of loading upon such vehicle exceeds the maximum number of persons or the maximum weight, as the case may be, which the vehicle is-

(a) capable of carrying as stated in the Certificate of Registration for such vehicle issued under the Regulations made in pursuance of "The Main Roads Acts, 1920 to 1962," or as stated in the application for such Certificate of Registration;

(b) licensed, authorised or permitted to carry by or under any law; or (c) reasonably capable of carrying with safety having regard to the designed

carrying capacity of the vehicle.

LoADING TO BE SECURELY FASTENED AND PARALLEL TO SIDES

77. A person shall not upon any road drive any vehicle the loading upon which is not- ·

(a) safely and securely fastened; (b) where such loading consists of or includes iron, timber, piping or other similar

material or goods, so fastened as to prevent flapping or swaying; (c) where such loading extends beyond or overhangs any part of such vehicle, so

loaded that the loading is, as far as practicable, parallel with the sides of such vehicle;

(d) so arranged, contained, fastened or covered that neither the load nor any part of it will fall or otherwise escape from such vehicle.

As amended by regulation published Gazette 11 February 1967, p. 527.

DRIVER TO HAVE SUFFICIENT VIEW AND CONTROL

78. (1) Notwithstanding any other provision of these Regulations a person shall not upon any road drive any motor vehicle-

(a) if such vehicle is so constructed, equipped or loaded or if anything is affixed thereto in such a manner as to prevent such person from having a sufficient view of traffic on either side of the vehicle and in all directions in frorit of the vehicle to enable him to drive the vehicle with safety;

(b) if he is prevented from safely driving or controlling such vehicle or any trailer attached thereto by reason of the weight or dimensions of the loading or equipment of such vehicle or trailer or the manner in which the loading or equipment is placed upon or attached to such vehicle or trailer;

(c) unless, at all times while such vehicle is in motion, he is in such a position that he-

(i) has a sufficient view of traffic on either side, in front and by means of the rear vision mirror to the rear, of such vehicle; and

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r. 79 REGULATIONS r. 83 49

(ii) can exercise effective control over such vehicle. (d) if there is any object placed in or upon the vehicle in such a manner as to

obstruct or be likely to obstruct the driver's clear view through the windscreen. (2) A person shall not upon any road ride upon a vehicle in such a position as to

interfere with the driver's view to either side or in front of such vehicle or to interfere with the driver's control over such vehicle.

(3) A person when travelling upon a road as a passenger in a motor vehicle shall not do anything likely to interfere with the effective control of such motor vehicle by the driver thereof.

As amended by regulations published Gazette 19 July 1986, pp. 2185-9.

NoT SPLASH MUD ON OTHER ROAD USERS

79. The driver of a motor vehicle upon any road shall exercise due care and attention by reducing the speed of or stopping such vehicle to prevent mud or water being splashed by such vehicle upon any person-

(a) upon any other vehicle upon such road; or (b) otherwise using such road.

CLEAN WINDSCREENS

80. A person shall not upon any road drive a motor vehicle fitted with a windscreen unless such windscreen is, at all times, kept clean and clear so that the driver's view to the front of such vehicle will not be impeded or obstructed.

SILENCER

81. (1) A person shall not upon any road drive a motor vehicle-(a) having affixed thereto a silencer to which any alteration has been made so as

to reduce or be likely to reduce the effectiveness of such silencer; (b) on which there is any device capable of reducing the effectiveness of any

silencer affixed thereto. (2) Any person who makes any alteration to a silencer of a motor vehicle which

reduces or is likely to reduce the effectiveness of such silencer shall be guilty of an offence. (3) Any person who affixes to a motor vehicle any device capable of reducing the

effectiveness of any silencer affixed to such motor vehicle shall be guilty of an offence.

WARNING DEVICE

82. (1) When a vehicle required by these Regulations to have a warning device affixed thereto is approaching any person or vehicle upon any road under such circumstances as to constitute a source of danger to such person or vehicle, the driver of the firstmentioned vehicle shall give audible and sufficient warning ofthe approach of his vehicle by sounding the warning device affixed thereto.

(2) A person shall not upon any road-(a) make any unnecessary noise with the warning device affixed to any vehicle;

or (b) use any warning. device affixed to any vehicle except as a warning of danger.

RESTRICTING CERTAIN WARNING DEVICES

83. A person shall not upon any road drive­(a) any motor vehicle equipped with-

(i) a bell as a warning device; (ii) a warning device comprising a means of creating, reproducing or amplifying

words or a variety of musical sounds; (b) any bicycle equipped with a warning device other than a bell.

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50 r. 84 REGULATIONS r. 88

NOISE FROM CONDITION, OPERATION OR LOADING OF VEHICLE

84. A person shall not upon any road drive any vehicle which causes any undue noise by reason of-

(a) the state of disrepair of such vehicle; (b) the manner in which such vehicle is loaded; (c) the construction or condition or adjustment of the engine or motor or other

equipment of such vehicle or the manner in which such engine or motor or other equipment of the vehicle is operated.

STOP ENGINE WHERE NECESSARY

85. (1) So far as may be necessary for the prevention of noise the driver of a motor vehicle upon any road shall, whenever such vehicle is stopped, stop the engine or motor or reduce the action thereof.

(2) This Regulation shall not apply to an enforced stoppage owing to the exigencies of traffic or so as to prevent the examination or testing of any engine or motor of such motor vehicle where such examination or test is necessary by any failure or derangement of any such engine or motor.

NOISY INSTRUMENTS

86. (I) A person shall not upon any road drive any vehicle to which any noisy instrument is affixed or upon which any noisy instrument is used.

(2) The driver of a vehicle or any passenger riding upon such vehicle, upon any road, shall not ring a bell or sound a hom or play upon or use any noisy instrument:

Provided that this clause shall not apply to the sounding of a warning device in accordance with these Regulations.

WASTE OIL AND GREASE

87. A person shall not upon any road drive any vehicle without taking adequate precautions to prevent waste oil or grease from the engine or motor or other part of such vehicle dropping upon the carriageway.

LIQUEFIED PETROLEUM GAS (LPG) FUELLED VEHICLES

87 A. A person shall not upon any road drive or cause or permit to stand any motor vehicle powered by liquefied petroleum gas unless-

(a) the fuel system of such motor vehicle has been manufactured or converted in accordance with the requirements of the SAA Automotive LP Gas Code AS 1425-1982, as amended from time to time, issued by the Standards Association of Australia; and

(b) there is affixed to each number plate attached to the motor vehicle, in a position which does not obscure any part of any letter, symbol or figure of such number plate, a label constructed of durable material measuring at least 25 millimetres square and bearing thereon in black letters at least 6 millimetres high the legend "LP GAS" on a red background. ·

For the purpose of this Regulation, the term "liquefied petroleum gas" shall have the meaning assigned to that term by the Gas Act 1965-1981.

Inserted by regulations published Gazette I September 1984, pp. 75-6.

EXHAUST

88. A person shall not upon any road drive a motor vehicle-(a) with the outlet of the exhaust from the engine of such vehicle so affixed as

to project the exhaust directly on to such road or as to be likely to alarm any animal in the immediate vicinity of such motor vehicle; or

(b) from the exhaust or any other part of which smoke is projected.

As amended by regulations published Gazette 24 October 1970, pp. 735-6.

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r. 88A REGULATIONS r. 89 51

88A. (1) Every motor vehicle powered with a petrol engine and first registered on or after the First day of January, 1972, under "The Main Roads Acts, 1920 to 1968," and Regulations thereunder or under any corresponding legislation, ordinance or law of another State or Territory of the Commonwealth of Australia and at all subsequent times thereafter, shall be so constructed or so fitted that crankcase gases shall not be permitted to escape into the atmosphere.

(2) Every passenger car and derivative thereof manufactured on or after the First day of January, 1976 and equipped with a petrol fuelled spark ignition internal combustion engine, shall be so constructed or fitted to control or reduce evaporative emissions from the fuel system to the atmosphere.

(3) Vehicles referred to in Australian Design Rules numbered 26, 27, 27A, 27B, 27c, 30, 36 and 37 in the Table to clause 99 of Division 6 of the Schedule to Part 13 of these Regulations shall comply with the requirements of The Clean Air Regulations, 1982.

Inserted by regulations published Gazette 27 November 1971, pp. 1475-7; as amended by regulations published Gazette 16 June 1972, p. 869; 29 November 1975, pp. 1255-59; 5 August 1978, pp. 1595-1604; 11 December 1982, p. 2871.

MOTOR CYCLE-PILLION RIDING

89. (1) A motor cycle shall not be used upon any road for the carriage of­(a) more than one person in addition to the driver; (b) any person in addition to the driver unless-

(i) the motor cycle is provided with footrests and seat as prescribed in clause 84 of the Schedule to this Part of these Regulations for use by such person;

(ii) such person is seated astride the motor cycle on the proper seat and is facing forward and has his feet upon the proper footrests; and

(iii)-

(A) the driver of the motor cycle has held, for a continuous period of twelve months, a driver's licence authorising him to drive a motor cycle; or

(B) the driver of such motor cycle is the holder of a learner's permit and the person carried in addition to the driver holds and has held for a period of at least two years a driver's licence in respect of a motor cycle and is safely seated in the side-car or on the pillion seat thereof.

(2) A person, other than the driver, carried upon a motor cycle upon any road shall not do any act likely to interfere with the effective control of such motor cycle by the driver thereof.

SIDE-CAR NOT TO BE OVERLOADED

(3) A motor cycle to which a side-car is affixed shall not be used upon any road­(a) for the carriage upon the motor cycle of-

(i) more than one person in addition to the driver; (ii) any person other than the driver unless the provisions of paragraph (b) of

subregulation (1) hereof are complied with in respect of such motor cycle; (b) for the carriage ·upon the side-car of more than two persons over the age of

twelve years: Provided that for the purposes of this paragraph (b) any two children

each of whom is under the age of twelve years shall be deemed to be equivalent to one person over the age of twelve years;

(c) unless each and every person carried upon the side-car is safely seated therein.

DRIVER TO KEEP FEET ON FOOTRESTS

(4) The driver of a motor cycle upon any road shall, while such motor cycle is in motion, keep his feet upon the footrests of such motor cycle unless it shall be necessary

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52 r. 90 REGULATIONS r. 90B

to remove one foot for the purpose of operating the brake or clutch pedal or other mechanism designed for operation by foot.

(5) Any person who, in contravention of this Regulation-(a) drives or uses a motor cycle or motor cycle with side-car affixed; or (b) is carried upon any motor cycle or upon any side-car affixed thereto,

shall be guilty of an offence.

As amended by regulations published Gazette 29 November 1975, pp. 1255-59.

HAND TO BE KEPT ON STEERING GEAR

90. A person shall not upon any road drive any motor vehicle or vehicle which is steered by means of handle-bars without keeping at least one hand upon steering gear or handle-bar of such vehicle.

COMPULSORY WEARING OF SAFETY HELMETS

90A. (I) The driver of a motor cycle and any passenger thereon and the driver of any moped shall wear a safety helmet at all times whilst the motor cycle or moped is .in motion;

(2) The driver of a motor cycle shall not carry a passenger on the motor cycle unless the passenger is wearing a safety helmet at all times whilst the motor cycle is in motion;

(3) A safety helmet as required by subregulations (I) and (2) of this Regulation shall comply with the Australian Standard for Safety Helmets or the Australian Standard for Protective Helmets for Vehicle Users respectively for the time being as issued by the Standards Association of Australia.

(4) For the purpose of this Regulation, the terms "wear" and "wearing" shall include the secure fastening under the chin of the wearer of the chin strap attached to a safety helmet.

Inserted by regulations published Gazette 24 October 1970, pp. 735-6; as amended by regulations published Gazette 27 November 1971, pp. 1475-7; 5 August 1978, pp. 1595-1604; 6 August 1983, pp. 2011-3.

COMPULSORY WEARING OF SEAT BELTS

90B. (I) A person when occupying in a motor vehicle a seat position to which a seat belt has been fitted, shall not drive or travel, upon a road, in such motor vehicle unless he is wearing such seat belt properly adjusted and securely fastened.

(2) A person when travelling upon a road as a passenger in a motor vehicle which has seat positions for which seat belts are fitted, shall not occupy a seat position for which a seat belt is not fitted unless-

(a) All seat positions for which seat belts are fitted are occupied by other persons, or

(b) Where there are no seat positions for which seat belts are fitted in the rear compartment of such motor vehicle, he is seated in such rear compartment.

(3) The provisions of this Regulation shall not apply to a person who is-(a) Driving a motor vehicle in reverse; (b) The holder of a certificate signed by a medical practitioner certifying that

such person is for the period stated in such certificate unable for medical reasons to wear a seat belt;

(c) Driving a motor vehicle and who is the holder of a certificate signed by a medical practitioner certifying that, because of such person's size, build or other physical characteristic, he is unable to drive a motor vehicle with safety while wearing a seat belt;

(d) Travelling as a passenger in a motor vehicle and who is in possession of a current certificate signed by a medical practitioner certifying that, because of such person's size, build or other physical characteristic, it would be unreasonable to require him to wear a seat belt while so travelling;

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r. 90c REGULATIONS r. 90o 53

(e) Actually engaged on work which requires him to alight from and re-enter a motor vehicle at frequent intervals and who, while so engaged, does not drive or is not travelling in that vehicle at the speed of, or at a speed exceeding, 25 kilometres per hour;

(f) Under the age of ten (10) years; (g) Driving a motor vehicle which is at the material time being­

(i) used for the carriage of passengers for hire; or (ii) plied for hire for the carriage of passengers,

under the authority of a licence to hire-taxi-meter cab or licence to hire­exempted cab, issued under the State Transport Act 1960-1981;

(h) Subject to ~my conditions referred to in subregulation ( 4) of this Regulation, in possession of a written authority from the Commissioner for Transport exercising the powers conferred upon him as a Superintendent of Traffic by Section 11 of the Act, exempting such person from the provisions of this Regulation.

(4) A written authority given by the Commissioner for Transport under the provisions of paragraph (h) of subregulation (3) of this Regulation may be issued unconditionally or subject to such conditions as the Commissioner for Transport may determine.

(5) A seat belt fitted in a motor vehicle manufactured on or after 1st January, 1969, shall comply in all respects with the requirements of Australian Design Rules for Seat Belts at the time of manufacture of the vehicle and shall be attached to a seat belt anchorage point which shall comply with the requirements of Australian Design Rules for Seat Belt Anchorage Points of the Australian Design Rules for Motor Vehicle Safety at the time of manufacture of the vehicle.

(6) A person shall not-(a) Sell nor offer for sale a seat belt which does not comply with an Australian

Design Rule for Seat Belts; (b) Fit nor otherwise attach a seat belt to a motor vehicle manufactured on or

after 1st January, 1969, except in compliance with an Australian Design Rule for Seat Belt Anchorage Points.

Inserted by regulations published Gazette 27 November 1971, pp. 1477-8 (as from 1 January 1972); as amended by regulations published Gazette 20 October 1973, pp. 944-6; 22 June 1974, pp. 1116-20; 24 September 1983, p. 388; 19 July 1986, pp. 2185-9.

CHILD RESTRAINING DEVICES

90c. ( 1) A person shall not sell or offer for sale a child restraining device for fitting to a motor vehicle unless the device complies with, and is marked to indicate that it complies with, the requirements of the Australian Standard for Child Restraining Devices for Passenger Cars for the time being issued by the Standards Association of Australia.

(2) A person shall not fit or otherwise attach a child restraining device to a passenger car manufactured on or after 1st July, 1976, except in compliance with Australian Design Rule Number 34 for Child Restraint Anchorages.

Heading inserted by regulations published Gazette 5 August 1978, pp. 1595-1604.

Reg. 90c inserted by regulations published Gazette 5 August 1978, pp. 1595-1604.

WEARING OF RESTRAINTS BY CHILDREN

90o. (1) In this Regulation-"child" means a person under the age of ten (1 0) years; "child restraint" means-

(a) a device that is fitted to a motor vehicle and designed to restrain the movement of a child who is restrained by the device if the motor vehicle suddenly accelerates or decelerates; or

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54 r. 91 REGULATIONS r. 91

(b) a seat belt; "motor vehicle" means­

( a) a passenger car; (b) a passenger car derivative, or (c) a multipurpose passenger car.

(2) For the purposes of this Regulation, a child restraint is suitable for use by a child if-

(a) in the case of a child restraint that complies with and is marked to indicate that it complies with the requirements of the Australian Standard for child restraining devices for passenger cars for the time being issued by the Standards Association of Australia-the restraint is of a type Teferred to in the standard as suitable for use by that child; or

(b) in the case of a seat belt-the child is one year of age or over.

(3) A person shall not upon any road drive a motor vehicle which has front and rear seat positions while a child is travelling in the front seating compartment and there is a rear seat position that is unoccupied unless the child is restrained by a child restraint suitable for use by that child and the restraint is properly adjusted and securely fastened.

(4) A person shall not upon any road drive a motor vehicle while a child travelling in that motor vehicle is not restrained by a child restraint which is suitable for use by that child and which is properly adjusted and securely fastened if such a child restraint is available for use in any seating compartment.

(5) (a) For the purposes of subregulation (3), a motor vehicle has a rear seat position unoccupied if a rear seat position may be readily made available for use by a passenger;

(b) Subregulation (3) shall not apply to any act or omission which constitutes an offence under subregulation ( 4).

(6) The provisions of this Regulation shall not apply to-(a) any child in respect of whom is in existence a current certificate signed by a

Medical Practitioner and certifying that-(i) because of the child's size, build or other physical characteristics, it would

be unreasonable to require that child to be restrained by a child restraint while travelling in a motor vehicle or to travel in a rear seat position; or

(ii) the child should not, for medical reasons, be restrained by a child restraint while travelling in a motor vehicle or travel in a rear seat position; or

(b) a person who is driving a motor vehicle which is at the material time being­(i) used for the carriage of passengers for hire; or

(ii) plied for hire for the carriage of passengers, under the authority of a licence to hire-taxi-meter cab or licence to hire-exempted cab, issued under the State Transport Act 1960-1981.

(7) A person is not guilty of an offence for a contravention of this Regulation if that contravention is necessary for the safety or well being of the child or any other occupant of the motor vehicle.

Heading inserted by regulations published Gazette 3 November 1979, pp. 964-965.

Reg. 90D inserted by regulations published Gazette 3 November 1979, pp. 964-965; as amended by regulations published Gazette 20 April 1985, p. 2244; 19 July 1986, pp. 2185-9.

INSPECTION OF VEHICLES-VEHICLE MAY BE INSPECTED

91. (1) The owner or driver of any vehicle shall, upon request by any Police Officer, permit such Police Officer to inspect, examine and test such vehicle for any purpose pursuant to the Act or these Regulations and upon being requested by such Police Officer deliver to him any key or other means of locking or unlocking such vehicle or any part thereof.

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r. 92 REGULATIONS r. 92 55

PRODUCTION MAY BE REQUIRED

(2) Any-(a) Superintendent, who is of the opinion that any vehicle; or (b) Police Officer, who is of the opinion that any vehicle found by ·him upon a

road, does not or may not comply with the conditions applicable thereto prescribed by or under the Schedule to this Part of these Regulations, may, by written or oral direction, require the owner or driver of such vehicle to produce such vehicle to a specified person or authority, at a specified place and on or before a specified time, date or event, for inspection, examination or test for the purpose of ascertaining whether or not the vehicle complies with such conditions.

DIRECTION TO REPAIR, RECONDITION OR DISCONTINUE USE, &C. (3) Any direction given in pursuance of this Regulation may-

(a) direct the owner and/or driver of any vehicle to repair andjor recondition such vehicle; or

(b) direct that any vehicle be not used upon any road until-(i) any specified repairs or reconditioning have been carried out; or

(ii) any specified equipment has been supplied and fitted upon such vehicle; or

(iii) the Superintendent has issued a permit authorising the use of such vehicle; (c) be subject to a condition that the vehicle may continue to beused to reach

any specified place for repair or reconditioning or may continue to be used for a given time or under limitations as to speed or route or otherwise.

KNOWN DEFECTS TO BE NOTIFIED

(4) The Superintendent or Police Officer requiring the owner or driver to produce a vehicle pursuant to this Regulation shall advise such owner or driver of any defect or deficiency which, in the opinion of such Superintendent or Police Officer, exists in respect of such vehicle.

REMOVAL FOR INSPECTION, EXAMINATION AND TEST, &c. (5) Where in pursuance of this Regulation the Superintendent or a Police Officer has

required a vehicle to be inspected, examined and tested for the purpose of ascertaining whether or not such vehicle complies with the conditions applicable thereto prescribed by or under the Schedule to this Part of these Regulations, he may-

( a) remove the vehicle to the nearest convenient place where it can be inspected, examined and tested; and

(b) detain the vehicle for such time as is necessary for inspecting, examining and testing such vehicle.

POWER TO INSPECT, EXAMINE, &c. 92. For the purposes of the Act and these Regulations, every authorised officer shall

have power-(a) to inspect, examine, measure or weigh any loading upon any vehicle; (b) to measure or weigh any vehicle; (c) to require the driver of any vehicle to move such vehicle from any place to

any other place; (d) to unlock, unfasten or open or require the driver of any vehicle to unlock,

unfasten, or open any closed door on any vehicle or remove or require the driver thereof to remove any removable cover upon any such vehicle;

(e) to enter upon any vehicle and move or remove or direct the driver to move or remove in whole or in part any loading upon such vehicle as is in excess of the maximum weight, height or width prescribed by or under any regulation

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56 r. 92A REGULATIONS Sch. to Pt. 13, c. 1

or other law, to be carried upon such vehicle, at the relevant time or place or under the relevant conditions, manner or circumstances;

(f) to require the driver of any vehicle to give full information as to the nature, origin and/or destination of the loading upon such vehicle, so far as the same is known to him.

92A. (1) The allegation or averment in any complaint that the gross vehicle weight of a motor vehicle did not exceed 4.5 tonne at any time or date mentioned in the complaint shall be evidence of the matters so averred or alleged, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matters.

(2) Any certificate or document purporting to be under the hand of the Secretary to the Commissioner of Main Roads or any person thereunto authorised by the Commissioner of Main Roads or to be under the hand of the person or authority charged with the registration of motor vehicles under any legislation, ordinance or law of another State or Territory of the Commonwealth of Australia corresponding to "The Main Roads Acts, 1920 to 1968," or Regulations thereunder, or any person thereunto authorised by such person or authority which states that at any time or date the gross vehicle weight of a motor vehicle did not exceed 4. 5 tonne shall be evidence of the matters stated therein and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matters and shall be received in evidence in any proceedings under the Act or Regulations.

Inserted by regulations published Gazette 23 November 1968, p. 1107; as amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

92B. (1) The allegation or averment in any complaint that a motor vehicle was manufactured on or after a specified time or during any specified period of time shall be evidence of the matters so alleged or averred and in the absence of evidence in rebuttal thereof shall be conclusive evidence of those matters.

(2) The allegation or averment in any complaint that any parts or items of equipment of or fitted to a motor vehicle d'o not at any time or during any stipulated period of time comply at the time oftheir manufacture with any Australian Design Rule of the Australian Design Rules for Motor Vehicle Safety in relation to such parts or items of equipment shall be evidence of the matters so alleged or averred and in the absence of evidence in rebuttal thereof shall be conclusive evidence of these matters.

Inserted by regulations published Gazette 15 November 1969, p. 1175; as amended by regulations published Gazette 27 November 1971, pp. 1477-8 (as from 1 January 1972).

92c. A certificate under the hand of the Commissioner for Transport certifying that a copy of the Australian Design Rules for Motor Vehicle Safety or of any one or more of such Rules is a true copy of those Rules or any one or more of them which were or was in force at any specified time or period of time shall be evidence of those rules or one or more of them as the occasion may require and that those rules or any one or more of them were in force at the time or period of time so specified and in the absence of evidence to the contrary shall be conclusive evidence of those matters.

Inserted by regulations published Gazette 15 November 1969, p. 1175.

SCHEDULE TO PART 13

CONSTRUCTION, EQUIPMENT AND LOADING OF VEHICLES

DIVISION 1

GENERAL

1. Except where otherwise approved by the District Superintendent or Superintendent, or where the context ofthis Schedule otherwise indicates or requires, every vehicle which is, or is to be, driven or used upon a road shall be provided with the items of equipment appropriate thereto set forth in, and conforming with the provisions of, this Schedule; and every such vehicle shall be so constructed, equipped and loaded that it will comply with all other provisions appropriate thereto specified in such Schedule.

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Sch. to Pt. 13, c. 2 REGULATIONS Sch. to Pt. 13, c. 7 57

2. Where in this Schedule it is provided or indicated that any item of equipment is optional and such item is used upon a vehicle it shall conform with the requirements of this Schedule.

3. No lamp or device capable of projecting or reflecting light shall be attached to any motor vehicle unless it is a lamp or device required or permitted to be attached to such vehicle by this Schedule.

4. In addition to complying with the above requirements, the weight of any vehicle and everything in its construction, form, equipment, working and general condition must be such that it will not contravene any provision of any Act, Regulation or Ordinance and will not cause danger or unreasonable annoyance to any person.

5. The District Superintendent may require that any vehicle shall be specially constructed, equipped or adapted, in a manner not provided for in this Schedule where it is to be used by a person who is suffering from a physical disability or in such other circumstances as may be necessary in the interests of public safety.

SA. A person shall not remove from a vehicle registered under the provisions of"The Main Roads Acts, 1920 to 1968," any parts or items of equipment of or fitted to such vehicle in accordance with the requirements of the Australian Design Rules, except for the purpose of repairing or replacing such parts or items of equipment.

Inserted by regulations published Gazette 27 November 1971, pp. 1475-7.

DIVISION 2

MOTOR VEHICLES GENERALLY, INCLUDING TRAILERS LAMPS AND REFLECTORS

Part I

COMPULSORY LIGHTING EQUIPMENT

Table A-Head/amps and Parking Lamps

6. All motor vehicles (except trailers, motor cycles with or without a sidecar and three-wheeled motor vehicles which do not exceed 1 · 5 metres in width)-

(!) Two headlamps, one on each side having their centres equidistant from the centre line of the vehicle, but not less than 600 millimetres apart, at equal heights from the ground, of approximately equal candle power, and, subject to clause 20 of this Schedule, capable of an effective range of at least 50 metres; or

(2) Four headlamps, in sets of two, one set on each side, having their centres equidistant from the centre line of the vehicle, but not less than 600 millimetres apart, at equal heights from the ground, each set of approximately equal candle power, and, subject to clause 20 of this Schedule, capable of an effective range of at least 50 metres; and

(3) In the case of a vehicle first registered on or after I st January, 1966, two parking lamps, one on each side, having their centres equidistant from the centre line of the vehicle, but not less than 600 millimetres apart, at equal heights from the ground, of approximately equal candle power, and so affixed than no part of the vehicle or any loading or equipment thereon on the side to which any such lamp is affixed projects more than 510 millimetres laterally from the centre of such lamp.

Substituted by regulations published Gazette 18 January 1964, pp. 162-3; as amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

7. (1) Motor cycles generally-One headlamp capable, subject to clause 20 of this Schedule, of an effective range

of at least 50 metres.

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58 Sch. to Pt. 13, c. 8 REGULATIONS Sch. to Pt. 13, c. 8

(2) Motor cycle with engine not exceeding 200 millilitres capacity and with lighting system so designed and constructed that it has not an effective range of at least 50 metres-

( a) Where the engine capacity does not exceed 100 millilitres-One headlamp capable of an effective range of at least 12 metres.

(b) Where the engine capacity exceeds 100 millilitres but does not exceed 200 millilitres-

One headlamp capable of an effective range of at least 25 metres. (3) Motor cycle with sidecar-

(a) One headlamp as described in subclause (I) or (2) of this clause, whichever is appropriate; and

(b)-(i) a lamp of a power not exceeding 7 watts which when lighted will show a

clear white light visible in darkness at a distance of at least 200 metres from the front of the vehicle, and so affixed to the sidecar that no part of the vehicle or its loading extend outwards for more than 300 millimetres from its centre; or

(ii) in the case of a vehicle first registered on or after 1st January, 1966, two parking lamps of approximately equal candle power-

(A) one affixed to the motor cycle; and (B) one affixed to the sidecar so that no part of the vehicle or any loading

or equipment thereon extends outwards for more than 300 millimetres from its centre.

Substituted by regulations published Gazette 18 January 1964, pp. 162-3; as amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

8. Three-wheeled vehicles, other than motor cycles, not more than 1.5 metres wide­( I) Where the width of the vehicle does not exceed 1.1 metres-

One headlamp as described in subclause (I) or (2) of clause 7 of this Schedule, whichever is appropriate.

(2) Where the width of the vehicle exceeds 1.1 metres but does not exceed 1.5 metres-

( a)-(i) One headlamp as described in subclause (I) or (2) of clause 7 of this

Schedule, whichever is appropriate; and (ii)-

(b)-

(A) affixed to each side of the vehicle a lamp of a power not exceeding seven (7) watts which when lighted will show a clear white light visible in darkness at a distance of at least 200 metres from the front of the vehicle and which is so affixed that no part of the vehicle or its equipment on that side of the vehicle projects more than 150 millimetres laterally from its centre; or

(B) in the case of a vehicle first registered on or after 1st January, 1966, two parking lamps, one on each side, having their centres equidistant from the centre line of the vehicle, at equal heights from the ground of approximately equal candle power, and so affixed that no part of the vehicle, or any loading or equipment thereon on the side to which any such lamp is affixed projects more than !50 millimetres laterally from the centre of such lamp; or

(i) two headlamps as described in clause 6 of this Schedule or, if the vehicle has an engine and lighting system as described in subclause (2) of clause 7 of this Schedule, two headlamps having such effective range described in such subclause as is appropriate; and

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Sch. to Pt. 13, c. 9 REGULATIONS Sch. to Pt. 13, c. 12 59

(ii) in the case of a vehicle first registered on or after 1st January, 1966, two parking lamps, one on each side, having their centres equidistant from the centre line of the vehicle, at equal heights from the ground, of approximately equal candle power, and so affixed that no part of the vehicle, or any loading or equipment thereon on the side to· which any such lamp is affixed projects more than 150 millimetres laterally from the centre of such lamp.

Substituted by regulations published Gazette 18 January 1964, pp. 162-3; as amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

Table B-Rear Lamps

9. All motor vehicles-A lamp of a power not exceeding seven (7) watts affixed to the rear of the vehicle

in the centre thereof, or to the right-hand or off-side of such centre so that the centre of the lamp is not more than 1 metre from the ground, and which is capable of showing a clear red light to the rear visible in darkness at a distance of at least 200 metres.

As amended by regulations published Gazette 22 December 1962, p. 1603; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

10. All motor vehicles-One or more lamps capable of projecting white light so that it will illuminate and

render easily visible at a distance of at least 20 metres each letter, symbol or figure upon the number plate carried upon the rear of the vehicle. Such lamp may comprise part of the rear lamp described in clause 9 of this Schedule, or may be a separate lamp.

As amended by regulations published Gazette 22 December 1962, p. 1603; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

Table C-Clearance and Side Marker Lamps: Reflectors, other than Rear Reflectors

11. All motor vehicles which with any loading or equipment thereon but exclusive of any rear vision mirror or signalling device are 2.2 metres or more in width except articulated vehicles-

(1) On the forepart, two clearance lamps, one on each side; (2) On the rear, two clearance lamps, one on each side; (3) In the case of a vehicle which exceeds 7.5 metres in length, two side marker

lamps, one on each side at the rear: Provided that it shall be sufficient compliance with this requirement if the rear clearance lamps are so constructed and affixed that the light from each of them is visible at right angles to the side of the vehicle to which it is affixed.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

12. All articulated vehicles, irrespective of width­(1) Hauling unit- .

Two clearance lamps, one on each side facing to, and visible from, the front;

(2) Semi-trailer-(a) On the front, two clearance lamps, one on each side; (b) On the rear, two clearance lamps, one on each side; and where the semi­

trailer exceeds 7.5 metres in length, at least one clearance lamp on each side spaced approximately evenly between the front and rear clearance lamps;

(c) On each side, two side marker lamps, one at or near the front and one at or near the rear; and where the semi-trailer exceeds 7.5 metres in length,

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60 Sch. to Pt. 13, c. 13 REGULATIONS Sch. to Pt. 13, c. 15

at least one side marker lamp on each side spaced approximately evenly between the front and rear side marker lamps.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

13. (I) Trailers other than pole-type trailers, which with any loading thereon are 2.2 metres or more in width or which project more than !50 millimetres laterally on either side beyond the motor vehicles by which they are drawn-

(a) On the front, two clearance lamps, one on each side; (b) On the rear, two clearance lamps, one on each side; and where the trailer

exceeds 7.5 metres in length, at least one clearance lamp on each side spaced approximately evenly between the front and rear clearance lamps;

(c) On each side, two side marker lamps, one at or near the front, and one at or near the rear; and where the trailer exceeds 7.5 metres in length, at least one side marker lamp on each side spaced approximately evenly between the front and rear side marker lamps:

Provided also that in the case of a trailer constructed principally for the carriage of boats and which is 2 metres or more in width or projects more than !50 millimetres laterally on either side beyond the motor vehicle by which it is drawn, it shall be sufficient compliance with this requirement if there are affixed near the centre of the trailer two clearance lamps, one on each side, and two side marker lamps, one on each side.

(2) Trailers drawn by motor vehicles, such as trailers being I metre or more in width-

On each side of the front of any such trailer-one clearance lamp. As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November

1975, pp. 1255-59.

14. Pole-type trailers­

(!)-(a) At or near each end of the forward facing section of the bolster, or, where

there is more than one bolster, of the foremost bolster, a clearance lamp showing amber light to the front; and

(b) At or near each end of the bolster, or where there is more than one bolster, the rearmost bolster, a clearance lamp showing red light to the rear:

Provided that where a trailer is fitted with two bolsters the illumination required to the front and rear may be provided by clearance lamps affixed to each side of the rearmost bolster.

(2)-(a) At or near each end of the bolster, or, where there is more than one bolster,

of any one of them, one side marker lamp; (b) Along the entire length of the right-hand and left-hand faces of the pole,

red reflectors spaced at intervals of not more than I . 25 metres; (c) Two reflectors on each side of the forward facing section of the foremost

bolster. As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November

1975, pp. 1255-59.

15. Motor vehicles fitted with one or more bolsters and designed to draw pole-type trailers-

(1) At or near the front of the vehicle, one clearance lamp on each side;

(2)-(a) At or near each end of the forward facing section of the bolster, or, where

there is more than one bolster, of the foremost bolster, a clearance lamp showing amber light to the front; and

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Sch. to Pt. 13, c. 16 REGULATIONS Sch. to Pt. 13, c. 18B 61

(b) At or near each end of the bolster, or, where there is more than one bolster, of the rearmost bolster, a clearance lamp showing red light to the rear:

Provided that where a vehicle is fitted with two bolsters the illumination required on such bolsters to the front and rear may be provided by clearance lamps affixed to each side of the rearmost bolster.

(3)-

(a) At or near each end of the bolster, or, where there is more than one bolster, of any one of them, one side marker lamp;

(b) One reflector on each side of the forward facing section of the foremost bolster.

TableD-Brake Lamps 16. Every motor vehicle as set out in clause 17 of this Schedule-at least one brake

lamp.

17. The requirements of this Table shall apply to vehicles of the following classes:­(a) Any omnibus; (b) Any motor vehicle (other than a motor cycle) registered for the first time on

or after 1st January, 1934; (c) Any motor cycle the engine of which exceeds 200 millilitres capacity and

which is first registered on or after 1st January, 1962:

Provided that in the case of a motor vehicle to which is attached a general purpose load-carrying trailer having an unladen weight of not more than 250 kilogrammes, or a trailer which comprises a concrete mixer or air compressor, or a plant or equipment trailer, it shall be a sufficient compliance with the requirements of this Table if a brake lamp is affixed at the rear of the towing vehicle on the right-hand or off-side thereof and the dimensions or construction of th~trailer with any loading or equipment thereon are such as not to obscure such lamp.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

Table E-Rear Reflectors 18. (1) All motor vehicles, except motor cycles without a sidecar-

At the rear, two red reflectors, symmetrically affixed one to each side.

(2) All motor cycles without a sidecar-At the rear, one red reflector.

Table F-Flashing Warning Lights 18A. Public utility service trucks, tow trucks and all special purpose vehicles except

those specified in Clause 42A of Part III of Division 2 of this Schedule, required to stop in hazardous positions on the roadway, shall have mounted on top of the vehicle a flashing amber lamp or lamps. When lit, the lamp or lamps shall emit an amber light visible in normal sunlight at all distances up to 200 metres to vehicles approaching from any direction.

The lamp or lamps shali not be lit unless the vehicle on which it or they are mounted is stationary or manoeuvring at a speed not exceeding 10 kilometres per hour.

Inserted by regulations published Gazette 11 April 1970, p. 1400; as amended by regulations published Gazette 22 June 1974, pp. 1116-20; 21 December 1974, pp. 1595-6; 29 November 1975, pp. 1255-59.

18B. A school bus shall have fitted thereto-(a) four flashing amber lamps-two at the front and two at the rear. Such lamps

shall be-(i) mounted as high and as widely spaced laterally as practicable which when

lit shall emit an amber flashing light visible in normal sunlight at all

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62 Sch. to Pt. 13, c. 19 REGULATIONS Sch. to Pt. 13, c. 20

distances up to 200 metres to vehicles approaching from the front and rear; and

(ii) capable of being activated simultaneously by the driver from his normal driving position when the vehicle is stationary; and

(b) two signs-one at the front and one at the rear. Such signs shall be-(i) inscribed with the words "SCHOOL BUS" in black lettering of a size not

less than 100 millimetres in height and not less than 60 millimetres in width on a yellow background; and

(ii) mounted as far as practicable in close proximity to the amber lamps referred to in paragraph (a) of this clause 18B.

Inserted by regulations published Gazette 6 October 1979, pp. 586-587.

Part II

GENERAL REQUIREMENTS WITH REGARD TO COMPULSORY LIGHTING EQUIPMENT PRESCRIBED IN PART I OF THIS DIVISION

Table A-Head/amps other than Alternative Head/amps 19. (l) Each head1amp shall-

(a) Be so fitted that its centre is not higher than 1 . 4 metres from the ground nor in the case of a motor vehicle first registered on or after the 1st January, 1962, less than 600 millimetres from the ground;

(b) Be capable of showing white light only and of projecting its main beam of light in front of the vehicle;

(c) In the case of any motor vehicle (not being a motor vehicle which has an engine with a capacity of 200 millilitres or less) first registered on or after the 1st January, 1934, be equipped with a dipping device by means ofwhich-

(i) In the case of a motor vehicle, other than a motor vehicle fitted with four headlamps in sets of two, or a motor vehicle fitted with an alternative headlamp or headlamps, the beam of light projected from the lamp can be deflected downwards, or both downwards and to the left, to such an extent that the top of the high-intensity portion of the light at a distance of 22 metres in front of the vehicle is not more than 1 metre above the level on which the vehicle stands;

(ii) In the case of a motor vehicle fitted with four headlamps, in sets of two, one set on each side, the light from each set can be extinguished and, at the same time, the light from one lamp in each set can be brought into operation, so that the beam of light projected from such lamp is deflected downwards, or both downwards and to the left, as specified in item (i) of this paragraph;

(iii) In the case of a motor vehicle fitted with an alternative headlamp or headlamps, the light from the headlamp can be extinguished and, at the same time, the light from the alternative headlamp or headlamps brought into operation, so that the beam oflight projected from such lamp or lamps is deflected downwards, or both downwards and to the left, as specified in item (i) of this paragraph.

(2) The headlamps shall be such that when the beam of light therefrom is in the dip position they will have an effective range of at least 25 metres.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

20. In any case where the lamp is not required to be equipped with a dipping device, it shall be such that the beam of light projected therefrom shall-

(a) Be deflected downwards to such an extent that the top of the high-intensity portion of the light at a distance of 8 metres in front of the vehicle is not higher than the level of the centre of the lamp, and, at a distance of 22 metres in front of the vehicle, is not more than 1 metre above the level on which the vehicle stands;

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Sch. to Pt. 13, c. 21 REGULATIONS Sch. to Pt. 13, c. 24 63

(b) In conjunction with any other headlamp required to be alight at the time have an effective range of at least 25 metres.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

Table B-Alternative Head/amps 21. Every lamp shall comply with the requirements set out in paragraphs (a) and (b)

of subclause (I) of clause 19 of this Schedule and shall be such that the beam of light projected therefrom conforms to the requirements of paragraphs (a) and (b) of clause 20 of this Schedule.

22. Where a motor vehicle is equipped with two such lamps they shall be of approximately equal candle power and shall be affixed one on each side of the vehicle equidistant from its centre line, at equal heights from the ground, and so that the centres of the lamps are not less than 600 millimetres apart.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

Table B1-Parking Lamps 22A. (I) Every motor vehicle, other than a motor cycle first registered on or after the

First day of January, 1973, under "The Main Roads Acts, 1920 to 1968," and at all subsequent times thereafter, shall be equipped with two lamps-

(a) Each of a power not exceeding seven (7) watts; (b) Affixed to the front of such vehicle and which when lighted shall show a

white light visible under normal atmospheric conditions at all distances up to 200 metres from the front of the vehicle;

(c) So positioned that-(i) Their centres are equidistant from the centre line of such vehicle;

(ii) A part of such vehicle or of any loading or equipment thereon does not extend laterally on the same side as the lamp more than 510 millimetres beyond the centre line of the lamp; and

(iii) The distance between their centres is not less than 600 millimetres.

(2) Every motor cycle with sidecar attached, first registered on or after the First day of January, 1973, under "The Main Roads Acts, 1920 to 1968," and at all subsequent times thereafter, shall be equipped with a parking lamp or lamps affixed on the forward part of such motor cycle.

(3) Every parking lamp prescribed in subclauses (I) and (2) of this clause shall be so wired that if already alight it will remain lighted or if not already alight will become lighted when any headlamp or alternative headlamp with which the motor vehicle is equipped is lighted.

Further substituted by regulations published Gazette 27 November 1971, pp. 1475-7; as amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

Table C-Rear Lamps 23. Every lamp shall be so wired that if already alight it will remain lighted or if not

already alight it will become lighted whenever any headlamp or alternative headlamp, but not additional headlamp; with which the motor vehicle is equipped is lighted:

Provided that this clause shall not apply if the lamp is so wired, and the switch controlling the lighting of such lamp is in such a position or so constructed that the lamp cannot be extinguished by any person on or within such motor vehicle.

Table D-Clearance and Side Marker Lamps, Reflectors other than Rear Reflectors, and Reflectors generally

24. Colour: (I) Clearance lamps-

(a) Mounted at or near the front of the motor vehicle as required by subclause (I) of clause II, subclause (I) of clause 12 and subclause (I) of clause 15

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64 Sch. to Pt. 13, c. 25 REGULATIONS Sch. to Pt. 13, c. 25

of this Schedule shall be capable of displaying an amber light to the front of the vehicle;

(b) Mounted at or near the rear of the motor vehicle, not being an articulated motor vehicle, as required by subclause (2) of clause 11 of this Schedule, shall be capable of displaying a red light to the rear of the vehicle;

(c) Other than those referred to in paragraphs (a) and (b) of this subclause, shall be capable of showing both an amber light to the front and a red light to the rear of the motor vehicle.

(2) Side marker lamps-Side marker lamps shall be capable of showing light as follows:­

(a) Mounted near the front of a vehicle-amber; (b) Mounted near the rear of a vehicle-red; (c) Other than those referred to in paragraphs (a) and (b) of this subclause­

amber:

Provided that where side marker lamps and clearance lamps are mounted in combination it shall be a sufficient compliance with this subclause if the combination of such lamps is capable of displaying an amber and red light to the side of the vehicle.

(3) Reflectors-colour: Any reflector facing to the front of a vehicle shall be capable of reflecting an amber colour and if facing to the rear or to the side of a vehicle, a red colour.

25. Mounting-(!) Clearance lamps and side marker lamps shall be so affixed that-

(a) No part of the vehicle or any loading or equipment thereon excluding any rear vision mirror or signalling device on the side to which any such lamp is affixed projects more than 150 millimetres laterally from the centre of such lamp;

(b) In the case of any semi-trailer, all such lamps are as far as practicable of the same height above the level of the ground on which the vehicle stands;

(c) In the case of any motor vehicle, other than a pole-type trailer, or trailer constructed principally for the carriage of boats, the rear clearance lamps and rear side marker lamps are not more than 300 millimetres forward of the rearmost point of the side of the vehicle to which any such lamp is affixed and in the case of a semi-trailer or trailer, the front clearance lamps and front side marker lamps are not more than 300 millimetres rearward of the foremost point of the side of the vehicle to which any such lamp is affixed;

(d) The centre of any such lamp affixed at or near the rear of a motor vehicle is not less than 600 millimetres nor more than 1.5 metres above the level of the ground on which the vehicle stands.

(2) In the case of any motor vehicle first registered on or after the 1st January, 1962, having two or more headlamps, clearance lamps, where required at or near the front of the vehicle, shall be so affixed that the centres thereof are not less than 750 millimetres above the centres of the headlamps.

(3) Reflectors generally-Any reflector shall be so affixed that-(a) The centre thereof where practicable is not higher than 1 metre from the

ground and in any case is not higher than 1.5 metres from the ground; and (b) Except in the case of reflectors required to face to the side, no part of the

vehicle on the side to which such reflector is affixed projects more than 250 millimetres laterally from the outside extremity of such reflector where the vehicle or trailer is 2.2 metres or more in width, or more than 400 millimetres laterally from the outside extremity of such reflector where the vehicle or trailer is less than 2.2 metres in width.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

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Scb. to Pt. 13, c. 26 REGULATIONS Scb. to Pi; 13, c. 32 65

26. Where in this Schedule it is provided that a clearance lamp shall be capable of displaying an amber light to the front and a red light to the rear, two separate lamps may be affixed to the vehicle provided such lamps comply with the requirements of this Schedule with regard to the colour of the light to be displayed and the position of the clearance lamp for which they are substituted.

27. Every clearance lamp and side marker lamp shall be of a power not exceeding seven (7) watts and shall be capable of showing a clear light visible in darkness at a distance of at least 200 metres.

As amended by regulations published Gazette 22 December 1962, p. 1603; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

28. A clearance lamp and a side marker lamp may be combined as one lamp provided the combined lamp is capable of giving illumination as required in this Schedule in relation to both a clearance lamp and a side marker lamp.

29. Any reflector-( 1) Shall be such that, at any time during hours of darkness when the upper beam

oflight from any headlamp complying with the provisions of these Regulations and placed at any distance not exceeding I 00 metres is projected directly on to the reflector it will give a reflection of light which is clearly visible to the driver of the motor vehicle to which such lamp is affixed;

(2) Shall be affixed in a vertical position facing squarely in the required direction; (3) Shall be unobscured and clean; (4) May be in the form of reflecting sheeting or tape or other efficient reflecting

material.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

30. Reflectors required on a bolster fitted to a motor vehicle shall be so affixed that the centres thereof are not more than 1.5 metres above the ground and so that no part of the vehicle or any loading or equipment thereon on the side to which such reflectors are affixed projects more than 250 millimetres laterally from the outside extremity of any such reflector.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

Table E-Brake Lamps

31. Any brake lamp shall-( I) Be affixed at the rear of the motor vehicle; (2) When lighted display a clear red light to the rear of the vehicle so that it will

be visible at a distance of at least 60 metres by day or night; (3) Be so affixed that the centre of the lamp is not higher than 1.5 metres from

the level of the ground on which the vehicle stands and so that it, or where there are two or more such lamps, one of them, is in the centre, or to the right-hand or off-side of such vehicle;

(4) Be such that it will light when any service brake on the vehicle or combination of vehicles is applied.

Provisions (I) and (3) shall not have application to optional brake lamps as provided for in clause 36 of this Schedule.

As amended by regulations published Gazette 22 December 1962, p. 1603; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59; 19 July 1986, pp. 2185-9.

3

32. Any rear reflector­( 1) Shall be red;

Table F-Rear Reflectors

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66 Sch. to Pt. 13, c. 33 REGULATIONS Sch. to Pt. 13, c. 36

(2) Shall comply where appropriate with the requirements for reflectors generally in clauses 24, 25 and 29 of this Schedule;

(3) Shall be affixed in a vertical position facing squarely to the rear; (4) May be in the form of a reflecting lens fitted to any rear lamp required or

permitted by this Schedule.

Table G-Wiring of Lamps and Prevention of Glare 33. The wiring of any clearance lamp, side marker lamp or rear lamp prescribed by

these Regulations in respect of any motor vehicle shall-(!) Consist of stranded wire with a conductor size of not less than 14 strands of

0.304 8 millimetres diameter copper or other suitable wire; (2) Be effectively supported at intervals of not more than 600 millimetres except

in the case of any pole-type trailer so constructed that the length of the pole forward of the trailer frame can be altered;

(3) Be soldered and effectively insulated at all joints, except where a joint is made by a connector which provides effective insulation and electrical contact;

(4) Be located in such a position that it cannot become overheated, cannot contact moving parts, nor constitute a fire hazard due to its proximity to the fuel system;

(5) Be protected from chafing; and the edges of all holes in metal, through which the wiring passes, shall be rolled, or bushed with a grommet of suitable insulating material.

As amended by regulations published Gazette 22 June 197 4, pp. 1116-20; 29 November 1975, pp. 1255-59.

34. Any lamp attached to a motor vehicle shall be so constructed and adjusted that it will prevent, as far as possible, any glare from the light shown by it affecting adversely the vision of any person.

Part III

OPTIONAL LAMPS AND REFLECTORS

35. In addition to the compulsory lighting equipment required under Part I of this Division, motor vehicles may be equipped with lamps and reflectors as provided in this Part or with such additional lamps and reflectors as may be approved by the District Superintendent.

Optional Rearward Facing Lamps and Reflectors 36. ( 1) All motor vehicles-

( a) Not more than two rear lamps which are capable of displaying to the rear of the vehicle a red light and which have no connection with the brakes;

(b) Reflectors which are capable of projecting to the rear of the vehicle a red reflection of light from the lamp of any following vehicle;

(c) Not more than two reversing lamps capable of showing white or amber light to the rear and so arranged that they will where practicable light only when the vehicle is proceeding backwards. Where two lamps are used they must be of the same colour and symmetrically placed; and

(d) not more than two brake lamps.

(2) The centre of any such rear lamp or reflector shall be not higher than 1.5 metres from the ground and of any such reversing lamp not higher than I metre from the ground, while any such brake lamp shall be-

(a) fitted in such manner as not to increase the risk of injury to any person; (b) securely fastened; and

(c) positioned so as not to obscure the normal rearward vision of the driver.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59; 19 July, 1986, pp. 2185-9.

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Sch. to Pt. 13, c. 36A REGULATIONS Sch. to Pt. 13, c. 42A 67

Reversing Signal Lamps 36A. (Repealed).

Repealed by regulations published Gazette 16 June 1972, p. 869.

Optional Forward Facing Lamps and Reflectors 37. All motor vehicles-

(1) Two lamps of a power not exceeding seven (7) watts which will show a white light to the front of the vehicle. Such lamps shall be affixed symmetrically to the vehicle.

(2) Reflectors symmetrically placed on each side of the vehicle or fitted to the right-hand or off-side of the vehicle. Any such reflector shall be capable of projecting to the front of the vehicle a white reflection of light.

Interior Lamps 38. All motor vehicles-Any lamp to illuminate the interior of the vehicle for the

convenience of the driver and any other person in it and which will not project any light other than necessary for such purpose.

39. All motor vehicles-A lamp or lamps complying with the requirements of clause 72 of this Schedule for the purpose of indicating an intention of turning to the right or to the left.

Fog Lamps 40. ( 1) All motor vehicles except motor cycles-

( a) Two fog lamps affixed to the front of the vehicle, one on each side of and equidistant from the centre line of the vehicle, at equal height from the ground and so that the centres of such lamps are not less than 600 millimetres apart; or

(b) One fog lamp, if there are also affixed symmetrically to the front ofthe vehicle and at equal height from the ground two lamps of a power not exceeding seven (7) watts each, the centres of which are not less that I metre apart.

(2) Motor cycles-One fog lamp.

(3) Any fog lamp referred to in this clause shall conform to the following requirements:­(a) It shall be capable of showing white or amber light only; (b) The axis of the beam of light from it shall be deflected downwards or both

downwards and to the left; (c) Its centre shall be not higher than the centre of any compulsory headlamp or

of any alternative headlamp affixed to the vehicle.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

Spot or Search Lamp 41. All motor vehicles-A spot or search lamp.

Additional Head/amps 42. All motor vehicles-At the front one or two additional headlamps for use in

conjunction with or in substitution for the compulsory or alternative headlamps and with an effective range of at least 50 metres. The centre of any such lamp shall be no higher than 1.4 metres from the ground and any such lamp shall be capable of showing white light only and of projecting its main beam in front of the vehicle.

The provisions of clauses 19 and 20 of this Schedule shall not apply to such lamps.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

Flashing Warning Lights 42A. (1) Vehicles operated by ambulance, fire and police authorities or organisations

having the approval of the Commissioner and providing community emergency services

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68 Sch. to Pt. 13, c. 43 REGULATIONS Sch. to Pt. 13, c. 44

which may require priority travel when engaged on emergency work may be equipped with a flashing lamp or lamps.

At least one lamp shall be mounted on top of the vehicle and when lit, the lamp or lamps shall emit light of a colour prescribed below and visible in normal sunlight at all distances up to 200 metres to vehicles approaching from any direction.

The colour shall be-(a) blue in the case of police vehicles; (b) red in the case of ambulances, fire-fighting vehicles and vehicles of other

approved authorities and organisations.

(2) Vehicles permitted to display red or blue flashing warning lamps may be permitted to fit additional flashing lamps in any position on the vehicle provided no part of the lens of such lamps is visible either directly or indirectly to the driver of the vehicle when seated in the normal driving position.

(3) Provided that the flashing lamp turn signal devices at the front of the vehicle show amber light, motor vehicles may be fitted with equipment which will cause the flashing lamp turn signal devices prescribed in Clause 72 (3) (f) of Part VI of Division 3 of this Schedule, both front and rear and on both sides of the vehicles, to flash simultaneously and regularly at a rate of not less than sixty and not more than one hundred and twenty flashes per minute at any time the switch controlling the said manner of flashing is placed in the "on" position. The operation of the flashing lamp turn signal devices must be indicated by a visible and audible tell-tale.

Inserted by regulations published Gazette 11 April 1970, p. 1400; as amended by regulations published Gazette 22 June 1974, pp. 1116-20; 21 December 1974, pp. 1595-6; 29 November 1975, pp. 1255-59.

DIVISION 3

MOTOR VEHICLES GENERALLY, INCLUDING TRAILERS

Part I

DIMENSIONS OF VEHICLES

Maximum length, width and height 43. The limits prescribed in this Part may be exceeded only with the prior written

permission of the District Superintendent or Superintendent and subject to compliance with any conditions of such permission. Except where otherwise provided, such limits refer to the motor vehicle together with any loading or equipment thereon.

44. Length-(!) Rigid Vehicles-

(a) The maximum length of the rigid portion of any vehicle not being a semi­trailer shall be 11 metres and the distance from the front of the vehicle to the line from which the rear overhang is measured shall not exceed 8.3 metres;

(b) Notwithstanding the provisions of subclause (a), the maximum length of a motor omnibus or service omnibus shall be 12.2 metres, provided that the distance from the front of the omnibus to the line from which the rear overhang is measured, shall not exceed a figure equal to 8.3 metres plus the amount if any by which the overall length exceeds II metres;

(c) Notwithstanding the provisions of subclauses (a) and (b), the maximum length of a motor omnibus or service omnibus equipped with tandem axles and two steering axles and approved by the Commissioner for Transport which operates over routes determined by the Commissioner for Transport, shall be 12.8 metres.

(2) Articulated Vehicles Other Than Motor Omnibuses or Service Omnibuses­(a) The maximum length of an articulated vehicle shall be 17.5 metres;

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Sch. to Pt. 13, c. 45 REGULATIONS Sch. to Pt. 13, c. 47 69

(b) The maximum length of a semi-trailer shall be 12.5 metres excluding any projection beyond the front of the trailer which lies within an arc of 1.9 metres radius described from the point of articulation;

(c) The maximum distance from the point of articulation to the line from which the rear overhang is measured shall be 9 metres;

(d) The maximum forward projection from the point of articulation of a semi­trailer portion of an articulated vehicle shall be contained within a radius of 1.9 metres from the point of articulation.

(3) Combination Vehicles-(a) The maximum length of a combination of a motor vehicle and a trailer

shall be 17.5 metres; (b) The maximum length of the drawbar of a trailer fitted with a steering front

axle or group of axles forming part of a combination of motor vehicle and trailer which complies with sub-paragraph (a) shall be:

(i) 5 metres; or (ii) 9 metres in the case of trailers having a single axle or axle group.

(4) Articulated Motor Omnibuses or Service Omnibuses-(a) The maximum length of an articulated omnibus approved by the

Commissioner for Transport which operates over routes determined by the Commissioner for Transport shall be 18 metres;

(b) The rear overhang of the forward section measured to the point of articulation shall not exceed forty per centum (40%) of the distance from the centre line of the front axle to the line from which the rear overhang of the forward section is measured.

(c) All parts of an articulated omnibus except mirrors and signalling devices shall be capable of moving within a circular tract having an inner radius of 5.3 metres and an outer radius of 12 metres.

As amended by regulations published Gazette 25 September 1965, pp. 392; 27 November 1971, pp. 1475-7; 22 June 1974, pp. 1116-20; 18 December 1976, p. 1681.

Further substituted by regulations published Gazette 11 March 1978, p. 1032 (as from 3 April 1978);

As amended by regulations published Gazette 10 October 1981, pp. 625-6; 2 May 1987, pp. 196-7.

45. Width-(!) Motor omnibus or service omnibus-2.5 metres (excluding any rear vision

mirror, signalling device, or both); (2) Any other motor vehicle, together with its loading and any fastening thereon

(excluding any rear vision mirror, signalling device or both)-2.5 metres. Substituted by regulations published Gazette 28 August 1965, p. 2041; as amended by

regulations published Gazette 26 April, 1969, p. 1517; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

46. Height-Double-deck omnibus-4.4 metres. Any other motor vehicle-4.3 metres. As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November

1975, pp. 1255-59.

Part II

TRAILER COUPLINGS

Weight and Dimensions of Trailer-Affixing of Semi-trailers 47. Any coupling for use between a motor vehicle and any trailer, caravan or other

vehicle to be towed by it and to control the movement of such trailer, caravan or other vehicle shall comply with the following requirements:-

(!) It shall be so constructed that-(a) It will permit sufficient angular movement between the two vehicles;

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70 Sch. to Pt. 13, c. 47 A REGULATIONS Sch. to Pt. 13, c. 47B

(b) It can be disconnected regardless of the angle of the towed vehicle to the towing vehicle;

(c) Any vehicle being towed cannot become accidentally disconnected from the towing vehicle;

(2) It shall be such that it will prevent, as far as possible, lateral swing of the vehicle being towed.

(3) The brackets or other means of securing its forward and rearward portions to the towing vehicle and the vehicle to be towed shall be of sufficient strength and rigidity.

(4) It shall be of sufficient strength to be capable of drawing with safety the vehicle to be towed and any loading or equipment thereon.

47A. A coupling used as a connection between passenger cars and derivatives thereof and a trailer which trailer is first registered on or after the First day of January, 1971, and which is of a laden weight not exceeding 2.3 tonnes shall be a ball coupling conforming with Australian Standard D18-1968 for Ball Couplings for Automotive Purposes.

Such ball coupling shall have a loading capacity equal to the static weight of the trailer loaded to its maximum load.

Original c. 47A renumbered as c. 47B by regulations published Gazette 24 October 1970, pp. 735-6.

Present c. 47A inserted by regulations published Gazette 24 October, 1970, pp. 735-6; as amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

Safety Connections on Trailers 47B. (l) On and after 1st June, 1964, in addition to the requirements of clause 47 of

this Schedule, there shall be affixed to a substantial portion of the towing vehicle and to the frame, tow bar or other substantial portion of the trailer, caravan or other towed vehicle, a safety connection consisting of a chain or chains, cable or cables, or other non­rigid connection or connections.

(2) Such safety connection shall-(a) be of sufficient strength to be capable of holding in tow the trailer, caravan

or other towed vehicle in the event of failure or accidental detachment of the trailer coupling;

(b) be as short as practicable; (c) be so connected and affixed that-

(i) it is not liable to accidental disconnection but is readily detachable from the towing vehicle;

(ii) it permits all normal angular movements of the coupling without more slack than is necessary; and

(iii) it will prevent the forward end of the drawbar from striking the ground in the event of failure or accidental detachment of the coupling.

(3) The equipment used in affixing any safety connection to the towing vehicle and to the trailer, caravan or other towed vehicle shall be of sufficient strength to ensure the holding in tow by the safety connection of the trailer, caravan or other towed vehicle in the event of failure or accidental detachment of the coupling. ·

(4) This clause shall not apply to any trailer, caravan or other towed vehicle if such trailer, caravan or other vehicle is fitted with a braking system as described in subparagraph (b) of paragraph (2) of clause 58 of this Schedule, or to any semi-trailer or pole-type trailer.

(5) In the case of a trailer, caravan or other vehicle to be towed registered in any other State or Territory of the Commonwealth of Australia or other country it shall be sufficient compliance with this clause if the safety connection used conforms with the requirements of the law for the time being in force in such State, Territory or other country.

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Sch. to Pt. 13, c. 48 REGULATIONS Sch. to Pt. 13, c. 54 71

Present c. 47B (original c. 47A) inserted by regulations published Gazette 18 January 1964, pp. 162-3; re-numbered as c. 47B by regulations published Gazette 24 October 1970, pp. 735-6.

48. ( 1) A trailer shall not be of such weight or dimensions that it will be likely to prevent the driver of a vehicle drawing it from safely controlling it and such vehicle.

(2) A semi-trailer shall be securely joined to the forward portion of an articulated vehicle.

Part III

GROUND CLEARANCE

49. All vehicles first registered on or after the 1st January, 1962-

Distance Between Any Two Consecutive Axles

Exceeding-( a) 3.65 metres (b) 6.7 metres (c) 7.31 metres (d) 7.92 metres (e) 8.53 metres (f) 9.15 metres ..

Not Exceeding-6.7 metres .. 7.31 metres .. 7.92 metres .. 8.53 metres .. 9.15 metres .. 9.75 metres ..

Ground Clearance

200 millimetres 230 millimetres 254 millimetres 280 millimetres 292 millimetres 31 7 millimetres

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

50. In this Part "ground clearance" means the minimum vertical distance measured not closer than 1 metre to any axle from the lowest point of the underside of the vehicle to the surface of the roadway when such motor vehicle is standing on a flat level section of roadway under any conditions of loading.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

51. In the case of a trailer or semi-trailer the ground clearance specified in this Part shall be increased by 75 millimetres unless the lowest point within the limits defined in clause 50 is the under-surface of a longitudinal member or members constituting the frame or chassis of such trailer or semi-trailer and such under-surface is free from any projections, steps or irregularities.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

Part IV

MUDGUARDS AND REAR MARKINGS

52. The requirements of this Part shall apply to all motor vehicles on or after the 1st January, 1962.

53. All motor vehicles except those referred to in clause 54-A mudguard for each wheel on the foremost axle and for each wheel on the rearmost axle; and in the case of a motor cycle and sidecar, a mudguard for the wheel of the sidecar.

54. Vehicles excepted-( 1) Any motor vehicle used solely or principally to haul a trailer, semi-trailer or

pole-type trailer-in respect of the rearrnost wheels only; (2) Any pole-type trailer used solely or principally for work in a forest; (3) Any fork lift truck;

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72 Sch. to Pt. 13, c. 55 REGULATIONS Sch. to Pt. 13, c. 57

(4) Any other vehicle where the body of the vehicle is such that mudguards are unnecessary or impracticable.

55. Any mudguard required for a vehicle under this Part shall comply with the following requirements:-

( I) It shall be so constructed and affixed that-(a) It will, as far as practicable, catch or deflect downwards any stones, mud,

water or other substance thrown upwards by the rotation of the wheels; (b) In the case of a motor vehicle, other than a motor cycle, it will itself, or

in conjunction with other components of the vehicle or its body or chassis, prevent direct contact with the upper half of the wheel in a forward collision.

(2) Its width shall be not less than the overall width of the wheel or wheels for which it is provided: Provided that if the motor vehicle has a body of the tray type, the width of which, with any loading or equipment thereon, is 2.2 metres or exceeds 2.2 metres, the width of the mudguard shall be not less than 380 millimetres.

(3) It shall be in good order and condition, and free from any cracks and tears and any sharp or jagged edges.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

56. In the case of any motor vehicle which with any loading or equipment thereon is 2.2 metres, or exceeds 2.2 metres, in width, and which has a body of the tray type, that portion of the external surface of any mudguard affixed thereto which is visible to the rear of the vehicle shall be white or silver in colour and, in addition, there shall be displayed by painting or other process across the full width of the rearmost portion of the tray, a horizontal band of a uniform depth of at least 75 millimetres and white or silver in colour.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

Part V

BRAKES

57. All motor vehicles, including the forward portion of an articulated vehicle, except motor cycles, trailers and semi-trailers-

(1)-

(a) One efficient braking system comprising brakes capable of acting directly on all road wheels, with two separate methods of actuation, such brakes being so arranged that, in the event of failure of either method of actuation, there will remain effective braking on not less than two wheels; or

(b) Two independent and efficient braking systems, one capable of acting directly on not less than half the number of road wheels or where the vehicle has less than four wheels, on two wheels.

(2) In the case of a motor vehicle registered for the first time on or after the 1st January, 1934, the service brakes shall not act through the differential.

(3) The emergency brake of any braking system shall be operated by a separate lever fitted with a ratchet or locking device capable of holding such lever in any desired position and such brake shall be applied by direct mechanical action without the intervention of any hydraulic, electrical or pneumatic device.

Provided, however, that notwithstanding the foregoing provisions of this present subclause (3), emergency brakes applied by spring action following upon the release of air pressure or vacuum preventing such brakes from operating (such emergency brake being hereinafter in this proviso called "spring

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Sch. to Pt. 13, c. 57 REGULATIONS Sch. to Pt. 13, c. 57 73

actuated emergency brakes") may be fitted to a motor vehicle. In such case, the following requirements shall apply:-

(a) Spring actuated emergency brakes shall be so fitted and arranged that they will act directly on and be applied equally to every wheel of each axle of the motor vehicle to which they are fitted;

(b) The lever or control by which spring actuated emergency brakes are caused to be applied shall be fitted with a device which will lock such lever or control against inadvertent operation causing such spring actuated emergency brakes to be released and shall be so located as to enable the driver of the motor vehicle to apply or release such spring actuated emergency brakes from the normal driving position;

(c) The spring actuated emergency brakes when not deliberately brought into use shall be prevented from operating by the normal air or vacuum supply of the motor vehicle. They shall be applied by the near instantaneous discharge of the air or vacuum by which they are prevented from operating through the operation of the lever or control specified in paragraph (b) of this proviso;

(d) A separate air or vacuum reservoir complying with the provisions of paragraphs (d) and (e) of subclause (5) of this clause to provide at least two releases of the spring actuated emergency brakes when the normal air or vacuum supply is. not available shall be provided in the motor vehicle together with a lever or control so located as to enable the driver to release and apply the spring actuated emergency brakes from the normal driving position;

(e) The spring actuated emergency brakes shall not be so constructed as to operate automatically on loss of stored air or vacuum supply before the pressure or vacuum in the spring actuated emergency braking system has fallen below the level at which the low level warning signal of such spring actuated emergency braking system operates;

(f) Where spring actuated emergency brakes are fitted to a motor vehicle used to tow a trailer, semi-trailer or pole trailer they shall not operate automatically before the brakes referred to in paragraph (b) of subclause (2) of clause 58, being brakes in the event of a breakaway, nor shall their application cause the application of any other brakes of the trailer, semi-trailer, or pole trailer;

(g) Spring actuated emergency brakes shall be capable of stopping the motor vehicle to which they are fitted in the distances specified in subclause (2) of clause 63 of this Schedule.

(4) When braking is applied to any wheel it shall be applied with equal force to all wheels on the same transverse axis of the vehicle.

(5)-(a) Every omnibus which is fitted with an air assisted or vacuum assisted

braking system and every motor vehicle first registered on and after the 1st January, 1963, the aggregate weight of which is 6.096 3 tonnes or more, which is fitted with such a braking system, shall have a reservoir or reserve capacity for air or vacuum, as the case may be, incorporated in such braking system.

(b) Every motor vehicle which is fitted with an air operated or vacuum operated braking system shall have a reservoir or reserve capacity for air or vacuum, as the case may be, incorporated in such braking system.

(c) The reservoir or reserve capacity required by this subclause (5) shall be of adequate volume to ensure that, if the engine stops, or the source of air or vacuum fails, an application of the service brakes can be made which is capable of stopping the vehicle in accordance with the requirements specified in clauses 62 and 63 of this Schedule.

(d) Reservoirs required under this subclause (5) shall be of adequate strength, and air reservoirs shall be provided with a drain plug or other means to permit removal of water or other foreign matter which may accumulate at the lowest point of the reservoir.

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7 4 Sch. to Pt. 13, c. 58 REGULATIONS Sch. to Pt. 13, c. 63

(e) Any reservoir or reserve capacity required under this subclause (5) shall be so safeguarded by a check valve or equivalent device that, in the event of failure or leakage in its connection to the source of air or vacuum, the air or vacuum reserve shall not be depleted by the failure or leakage.

( 6) Every motor vehicle used to tow a trailer, semi-trailer or pole-trailer required to be equipped with brakes shall be equipped with means whereby in the event of breakaway of the trailer, semi-trailer or pole-trailer, the service brakes of such motor vehicle will remain fully operative and capable of stopping the motor vehicle in accordance with the requirements specified in clauses 62 and 63 of this Schedule.

(7) In the case of a motor vehicle which is a tractor or implement which is not mounted on a conventional motor vehicle chassis, it shall be sufficient for the purposes of this clause if the vehicle is equipped with at least one effective braking system capable of stopping and holding the vehicle.

As amended by regulations published Gazette 27 November 1971, pp. 1475-7; 22 June 1974, pp. 1116-20.

58. Trailers, pole-trailers and semi-trailers, the weight of which in any case, together with the weight of any equipment or loading thereon, exceeds 508.02 kilogrammes-

( I) An efficient brake which operates on not less than two wheels and, except in the case of a trailer which is equipped with over-run brakes, so constructed that it can be applied from the dnver's seat of the hauling vehicle. Over-run brakes shall not be fitted to any trailer the unladen weight of which together with the weight of any equipment and/or loading thereon exceeds 1.016 05 tonnes, and no trailer fitted with over-run brakes shall be attached to or drawn by any vehicle having an unladen weight which is less than the total weight of such trailer and the equipment and/or loading on such trailer.

(2) Trailers exceeding an aggregate weight of 2.032 1 tonnes first registered on and after the 1st January, 1962, and semi-trailers and pole-trailers first registered on and after the 1st January, 1962-

(a) If fitted with an air or vacuum operated braking system-a storaj?;e reservoir for air or vacuum as the case may be which meets the reqUirements of subclause (5) of clause 57 of this Schedule;

(b) A braking system of such a character that it will be applied automatically and promptly upon breakaway from the towinj?; vehicle. Means shall be provided to maintain applicatiOn of the brakes m the event of breakaway for at least fifteen minutes.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20.

59. Motor cycles-Two independent and efficient service braking systems, one capable of acting directly on the front wheel and the other on the rear wheel.

60. Any braking system required by clauses 57, 58, or 59 of this Schedule shall be fitted with a device or devices which will enable the adjustment or taking up of the normal wear of the brakes. Such device or devices shall be capable of being secured or locked over the whole of its or their effective range.

61. The brake tubing and brake hose and the brake cables, rods and other linkage used in any brake system shall be so constucted as to ensure adequate, reliable and continued functioning and be so fitted to the vehicle as to prevent chafing, kinking or other mechanical damage under normal motion of any part of the vehicle.

Performance Ability of Brakes 62. Every brake with which a motor vehicle is equipped shall be capable of stopping

the vehicle within a reasonable distance under the conditions prevailing at the time of its application.

63. Without limiting the generality of clause 62, the following provisions shall apply to the brakes specified:-

( 1) Service brakes-( a) The service brake of a motor vehicle, other than an omnibus, shall be such

that the motor vehicle or, where there is a trailer or other vehicle attached to it, the motor vehicle and such trailer or other vehicle, when travelling at a speed of 32.187 kilometres an hour on a dry, smooth, level road, free from loose material, can at all times, when fully loaded-

(i) Be stopped by one sustained application of the brake within the distance specified in respect of the class of vehicle or vehicles concerned in column (2) of Table A of this subclause (1); and

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Sch. to Pt. 13, c. 63 REGULATIONS Sch. to Pt. 13, c. 63 7 5

(ii) Be decelerated to a stop from any higher speed at which the vehicle operates by one sustained application of the brake at the average deceleration rate specified in column (3) of Table A of this subclause (1) and applicable to the class of vehicle or vehicles concerned.

TABLE A

Class of Vehicle

(1)

Car . . . . . . . . . .......... . Car and trailer combination ·. . . . . . . . . . Motor cycle (front and rear brakes together) Motor truck or motor utility truck having

aggregate weight less than 2.540 1 tonnes Motor truck or motor utility truck and trailer

combination having combined aggregate weight less than 2.540 1 tonnes . . . ...

Motor truck or motor utility truck having aggregate weight 2.540 1 tonnes or more

Motor truck or motor utility truck and trailer combination having combined aggregate weight 2.540 1 tonnes or more

Vehicle not equipped with brakes on all wheels when manufactured . . . . . . . . . . . . . .

Metres to Stop when

Brake Applied at 32.187 kilo­metres an

hour (2)

9.144

} 13.716

Average Deceleration

in Metres Per Second Per Second

(3)

4.267 2

2.895 6

(b) The service brake of a motor omnibus shall be such that the vehicle when unladen and travelling at a speed of 32.187 kilometres an hour on a dry, smooth, level road, free from loose material, can, at all times, be stopped by one sustained application of the brake within a distance of9.144 metres and can be decelerated to a stop from any higher speed at which the vehicle operates at an average rate of not less than 4.267 2 metres per second per second.

(2) Emergency brake--

(a) The emergency brake affixed to any vehicle shall be capable of holding the vehicle and any trailer or semi-trailer attached thereto stationary on any grade.

(b) The emergency brake of a motor vehicle shall be such that the vehicle, when travelling at a speed of 32.187 kilometres an hour on a dry, smooth, level road, free from loose material, can, at all times, when fully loaded--

(i) Be stopped by application of the brake within the distance specified in respect of the class of vehicle or vehicles concerned in column (2) of Table B of this subclause (2); and

(ii) Be decelerated by one sustained application of the brake at the average deceleration rate specified in column (3) of Table B of this subclause (2) and applicable to the class of vehicle or vehicles concerned.

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76 Sch. to Pt. 13, c. 63A REGULATIONS Sch. to Pt. 13, c. 65

TABLE B

Metres to Stop when Average

Brake Deceleration Class of Vehicle

(1)

Car . . .. .. .. .. Motor truck or motor utility truck having

aggregate weight less than 2.540 I tonnes Car and trailer combination . . . . . . Motor truck and motor utility truck having

aggregate weight 2.540 1 tonnes or more Motor truck or motor utility truck and trailer

combination . . . . . . . . . . . . . . . . . . Motor omnibus of any weight ..

Applied at 32.18 7 kilo-metres an

hour (2)

22.86

34.290 4

18.288

As amended by regulation published Gazette 22 June 1974, pp. 1116-20.

63A. (Repealed).

Repealed by regulations published Gazette 16 June 1972, p. 869.

Part VI

MISCELLANEOUS

in Metres Per Second Per Second

(3)

1.70688

1.158 24

2.133 6

Except where otherwise specified or indicated, this Part shall apply to all motor vehicles.

64. Steering-( 1) The vehicle shall be capable of being readily steered and shall have steering

arms and connections which will eliminate danger of any accidental detachment or over-locking. All steering connections are to be secured with bolts fitted with nuts and such nuts are to be locked or pinned.

(2) Except in the case of a motor cycle or other motor vehicle which is steered by means of handle bars, the steering wheel or control must be arranged upon the right-hand or off-side of the vehicle.

(3) In the case of a motor cycle or other motor vehicle which is steered by means of handle bars, the steering control may be central but must not be arranged on the left-hand or near-side of the vehicle.

(4) Where the steering mechanism or any part thereof is in an exposed position it shall be suitably protected.

64A. (Repealed).

Repealed by regulations published Gazette 16 June 1972, p. 869.

65. Turning circle-The vehicle shall be capable of continuously turning either to the left or to the right in a circle not exceeding 25 metres in diameter as determined by reference to the extreme outer edge of the tyre track at ground level.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59; 11 March 1978, p. 1032 (as from 3 Apri/1978).

Original Clause 66 and heading renumbered as Clause 66A by regulations published Gazette 10 October, 1981, pp. 625-6.

66A. Rear Overhang and Loading Space-(!) The rear overhang of a rigid motor vehicle or of a trailer having a steering front axle shall not exceed sixty per centum (60%).

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Scb. to Pt. 13, c. 66A REGULATIONS Sch. to Pt. 13, c. 69 77

of the distance from the centre line of the front axle to the line from which the rear overhang is measured.

(2) The rear overhang of a trailer having only one axle or axle group shall not exceed the length of the loading space forward of the line from which the rear. overhang is measured.

(3) The rear overhang of a semi-trailer shall not exceed fifty per centum (50%) of the distance between the centre line of the fifth wheel king pin and the line from which the rear overhang of the semi-trailer is measured.

( 4) The maximum rear overhang of a rigid motor vehicle having a length not greater than 9 · 5 metres, an omnibus with a single axle towards the rear and a semi-trailer shall be 3.2 metres. For all other vehicles the maximum rear overhang shall be 3·7 metres.

(5)-

(i) The length of the loading space rearward of the line from which rear overhang is measured shall not exceed-

(a) the length of the loading space forward of the linein the case of the vehicle with a tare exceeding half its gross vehicle weight;

(b) ninety per centum (90%) of the length of the loading space forward of the line in the case of a vehicle with a tare not exceeding half its gross vehicle weight.

(ii) In the case of a vehicle with a tare not exceeding 2 tonnes the rear overhang shall not exceed fifty per centum (50%) of the distance from the centre line of the front axle to the line from which rear overhang is measured.

Clause 66A inserted by regulations published Gazette 10 October 1981, pp. 625-6; as amended by regulations published Gazette 6 August 1983, pp. 2011-3.

66B. Front and Rear Projection of a Motor Cycle-( I) No part of a motor cycle (being a motor cycle to which a sidecar is attached) shall project more than 600 millimetres ahead of the outer extremity of the front wheel or more than 900 millimetres behind the outer extremity of the rear wheel.

(2) No part of a motor cycle (not being a motor cycle to which a sidecar is attached) shall project more than 150 millimetres ahead of the outer extremity of the front wheel or more than 300 millimetres behind the outer extremity of the rear wheel.

Clause 66n inserted by regulations published Gazette 10 October 1981, pp. 625-6.

67. Drip tray-The vehicle shall be so equipped that no inflammable material can drop on any exhaust pipe, starter motor, generator or other electrical equipment. Where a drip tray is fixed underneath the carburettor it shall be so constructed that any overflow of petrol will not remain in the tray.

68. Safety glass-(!) Vehicles first registered on or after the 1st January, 1942, shall be equipped

with safety glass in the windscreen. (2) Vehicles first registered on or after the 1st January, 1962, shall be equipped

with safety glass or non-shatterable transparent material wherever transparent material is used in windows and interior partitions.

(3) Vehicles irrespective of date of first registration shall have any replacement after 1st January, 1962, of material in any windscreen, window or interior partition made with non-shatterable transparent material.

68A. (Repealed).

Repealed by regulations published Gazette 16 June 1972, p. 869.

69. Every window shall be sound and properly fitted and each movable window shall be fitted with a suitable device to enable it to be opened and closed. At least half the number of windows shall be capable of being opened.

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78 Sch. to Pt. 13, c. 70 REGULATIONS Sch. to Pt. 13, c. 71A

70. Warning Device-The vehicle other than a trailer, pole-trailer or semi-trailer shall be fitted in a convenient position with at least one warning device in good working order capable of giving sufficient audible warning of the presence of the vehicle. Each device shall give an audible signal having constant amplitude and frequency characteristics and may be provided by any energy source including compressed air. A siren, repeater horn, bell, exhaust whistle or compression whistle or other device capable of producing a sound resembling that produced by any such horn or other alarm shall not be attached to a motor vehicle unless such motor vehicle is the property of a Queensland Ambulance Transport Brigade Committee, a Fire Brigade Board or the Commissioner of Police or is a motor vehicle to which such siren, repeater horn, bell, exhaust whistle or compression whistle or other device is attached with the written approval of the Commissioner.

For the purpose of this clause the term "repeater horn" shall mean any device (or devices) which generates and emits an audible sound alternating between different tones or frequencies on a regular time cycle.

As amended by regulations published Gazette 24 October 1970, pp. 735-6; substituted by regulations published Gazette 13 March 1982, pp. 987-1003.

70A. Reversing Alarm-Subject to the provisions of clause 70 hereof, a device may be fitted to a motor vehicle which when, and only when, reverse gear is selected emits an intermittent audible signal on a regular time cycle. The signal shall be no louder than is necessary to warn persons potentially in danger from the reversing vehicle.

Inserted by regulations published Gazette 13 March 1982, pp. 987-1003.

71. Windscreen wiper-(1) Every motor vehicle fitted with a windscreen shall except as provided in

subclause (2) of this clause be equipped with a device which is capable of effectively removing rain, snow or other moisture from the portion of the windscreen immediately in front of the driver of the vehicle and such device shall-

(a) Be so constructed and positioned that it can be operated or controlled by the driver while retaining his correct driving position; and

(b) In the case of a motor vehicle first registered on or after 1st January, 1934, be operated by electrical, pneumatic or other continuous mechanical means.

(2) Every motor vehicle fitted with a windscreen and first registered on or after 1st January, 1962, shall except as provided in this subclause be equipped with a device or devices operated by electrical, pneumatic or other continuous mechanical means capable of effectively removing rain, snow or other moisture from the portion of the windscreen immediately in front of the driver and from a corresponding area of windscreen to the left of the vertical centre line of the windscreen and the device or devices as the case may be shall-

( a) Be so constructed and positioned as to be controlled by the driver while retaining his correct driving position; and

(b) If operated by engine manifold vacuum be provided with a vacuum reservoir and pump to maintain their efficient operation while the vehicle is in motion:

Provided that the requirements of this clause 71 shall not apply to a motor cycle, special purpose or other motor vehicle equipped with a windscreen so constructed as to permit the driver while retaining his correct driving position to obtain over the top, below or to the side of the windscreen, adequate vision of the roadway ahead of the vehicle in the event of vision through the windscreen .being obscured. The requirements of subclause (2) shall not apply to a motor vehicle equipped with a windscreen so constructed that the windscreen does not extend to the left beyond the longitudinal centre line of the vehicle.

71A. (Repealed).

Repealed by regulations published Gazette 16 June 1972, p. 869.

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Sch. to Pt. 13, c. 72 REGULATIONS Sch. to Pt. 13, c. 72 79

72. Signalling devices­

( I)-

(a) Where the distance from the centre of the steering wheel to the outer extremity on the right-hand side of a motor vehicle or any 'load thereon exceeds 610 millimetres, or the construction, equipment or loading of a motor vehicle or of any trailer drawn by it is such that it would prevent a driver of the vehicle, while remaining in a proper driving position, from giving by use of his arm and hand a clear signal of his intention to turn right or to stop or reduce speed suddenly-

(i) There shall be affixed to any such vehicle first registered before 1st January, 1962, a signalling device for signalling "TURN RIGHT", such device to conform with the requirements of subclause (2) of this clause and of paragraphs (b) or (f) of subclause (3) of this clause; and

(ii) There shall be affixed to any such vehicle first registered before I st January, 1934, a signalling device for signalling "STOP", such device to conform with the requirements of subclause (2) of this clause and of paragraph (a) of subclause (3) of this clause, or at least one brake lamp conforming with the requirements specified in clauses 31 and 34 of this Schedule.

(b) Devices affixed to any motor vehicle for the purpose of signalling "STOP", "TURN RIGHT", or "TURN LEFT", must comply with the requirements of this clause.

(c) Flashing turn signals in accordance with subclause (2) and paragraph (f) of subclause (3) of this clause shall be affixed to every motor vehicle (other than a motor cycle) which is first registered on or after 1st January, 1962, with the exception of-

(i) Any pole-type trailer used solely or principally for work in a forest; (ii) Any fork-lift truck;

(iii) Any motor vehicle equipped with a semaphore type of"TURN RIGHT" signalling device in accordance with subclause (2) and paragraph (d) of subclause (3) of this clause and which device is of a type supplied as original equipment on that particular motor vehicle when it was manufactured:

(2)-

Provided that in the case of a motor vehicle to which is attached a general purpose load carrying trailer having an unladen weight of not more than 250 kilogrammes, or a trailer which comprises a concrete mixer or air compressor, or a plant or equipment trailer, it shall be a sufficient compliance with the requirements of this paragraph (c) in respect of any such trailer if the flashing turn signals specified herein are affixed to the towing vehicle, and the dimensions or construction of the trailer with any loading or equipment thereon are not such as to obscure such signals:

Provided further that every motor cycle manufactured on or after 1st January, 1985 shall at the time of first registration thereof under the Main Roads Act 1920-1983, and at all subsequent times thereafter have affixed thereto flashing turn signals in accordance with subclause (2) and paragraph (f) of subclause (3) of this clause.

General Specifications Applying to all Signalling Devices

(a) All signals are to be clearly visible under normal atmospheric conditions by day and night at a distance of at least 60 metres.

(b) Illuminated devices must not be glaring or dazzling to other road users or impair the driver's vision.

(c) The device when not in operation shall not be likely to mislead the driver of any vehicle or any person controlling traffic.

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80 Sch. to Pt. 13, c. 72 REGULATIONS Sch. to Pt. 13, c. 72

(d) The device shall be readily operable by the driver from a proper driving position.

(e) The device shall be mounted so that the signal can be observed by the driver directly by means of a fixed mirror or the operation of the device must be indicated by means of a visible and/or audible telltale.

Specifications of Individual Devices

(3)-(a) Hand shaped "STOP" signalling device-A "stop" signal may be given on

the right side of a vehicle by means of a replica of a human hand. The hand shall be not less than 150 millimetres long and the width not less than half the length with the palm of the hand turned to the front, the thumb adjacent to the vehicle and with the fingers extended and pointing upwards. The hand may be white or amber in colour and if illuminated shall be lit by a steady white or amber light.

(b) Hand shaped "TURN RIGHT" signalling device-A "turn right" signal may be given on the right side of a vehicle by means of a replica of a human hand with the palm turned to the front and the thumb uppermost with the fingers extended and pointing to the right. The hand shall be not less than 150 millimetres long and the width not less than half the length. The colour shall be amber or white and if illuminated shall be lit by a steady white or amber light.

(c) Hand shaped "TURN LEFT" signalling device-A device affixed to the left side of a vehicle and with the fingers pointing to the left but otherwise identical with that described in paragraph (b) of this subclause may be used for indicating a left turn.

(d) Semaphore "TURN RIGHT" signalling device-A "turn right" signal may be given on the right side of a vehicle by means of an illuminated sign of amber colour not less than 150 millimetres long, and of a width being not less than 25 millimetres and not exceeding one quarter of the length. At least 150 millimetres of the length of the sign must be visible both to the front and rear of the vehicle while a signal is being given. The height shall not exceed 2 metres, and shall not be less than 500 millimetres.

(e) Semaphore "TURN LEFT" signalling device-A device affixed to the left side of the vehicle but otherwise identical with that described in paragraph (d) of this subclause may be used for indicating a left turn.

(f) Flashing lamp "TURN RIGHT" and "TURN LEFT" signalling devices-Each flashing lamp signalling device on the right side of a vehicle shall be

paired by a similar lamp symmetrically positioned on the left side of the vehicle. The lamps of each pair shall be not less than 800 millimetres apart or more than 500 millimetres from the extreme width of the vehicle and they shall not be higher than 2 metres or lower than 400 millimetres:

Provided that in the case of a motor cycle the front lamps shall not be less than 300 millimetres nor more than 800 millimetres apart and the rear lamps shall be not less than 300 millimetres apart.

The switching on of a flashing light must be followed by the appearance of the light within a maximum period of one second and the light shall flash regularly at a rate of not less than 60 per minute and not more than 120 per minute.

All flashing signalling lamps on the same side of a vehicle must flash in phase and must be operated by the same control switch.

The lamps may be fitted as follows:-(i) On rigid vehicles not exceeding 7.5 metres in length, two lamps capable

of showing a white or amber light clearly visible from the front of the vehicle and an amber light clearly visible to the rear of the vehicle.

(ii) On rigid vehicles not exceeding 7.5 metres in length, four or more lamps of which two shall face forward and be mounted on or towards the front of the vehicle and two shall face rearward and be mounted

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Sch. to Pt. 13, c. 72A REGULATIONS Sch. to Pt. 13, c. 74 81

on or towards the rear of a vehicle. The forward facing lamps shall be either amber or white and the rearward facing lamps shall be amber: Provided that the rearward facing lamps of vehicles first registered before 1st January, 1962, may be red.

(iii) On articulated vehicles and on rigid vehicles exceeding is metres in length four or more lamps capable of showing an amber light of which two shall be mounted on or towards the rear of the vehicle and two on the forepart of the vehicle. The rearmost lamps shall have an illuminated area facing to the rear. The foremost lamps shall have an illuminated area facing forward. One pair of lamps on or towards the front of the vehicle, or in the case of an articulated vehicle on the forepart of the vehicle, shall have an illuminated area facing rearwards and clearly visible from the rear.

As amended by regulations published Gazette 22 December 1962, p. 1603; 5 November 1966, p. 931; 5 May 1973, p. 112; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59; 1 September 1984, pp. 75-6.

72A. (Repealed). Repealed by regulations published Gazette 16 June 1972, p. 869.

73. Rear vision mirror-(!) There shall be affixed to every motor vehicle a mirror or mirrors so designed

and fitted and of such dimensions as to be capable of reflecting to the driver of such vehicle as far as practicable a clear view of the road to the rear of such vehicle and of any following or overtaking vehicle.

(2) At least one such mirror shall be affixed to each side of the motor vehicle and may project 150 millimetres beyond the maximum width of the motor vehicle, its equipment excluding signal devices, its load, or the width of any trailer it may be drawing-

(a) if the vehicle is designed for the carriage of goods or is a public passenger vehicle designed to carry not fewer than eight passengers; or

(b) if the trailer be of greater width than the vehicle hauling it; or (c) in any case where, because of the manner in which the vehicle is constructed,

equipped or loaded or the fact that it is drawing a trailer or other vehicle, or for any other reason, the driver could not, by means of a mirror affixed to the inside of the vehicle, have reflected to him as far as practicable a clear view of the road to the rear of the vehicle and of any following or overtaking vehicle:

Provided that in the case of a motor vehicle with a gross vehicle weight of 8.5 tonnes and over such mirrors may project 230 millimetres on each side beyond the maximum width of the vehicle provided each such mirror is capable of collapsing to 150 millimetres.

(3) A mirror as specified in subclause ( 1) of this Clause and fitted to a motor vehicle, other than a passenger car derivative, with a gross vehicle weight of 2.1 tonnes and over shall be at least 150 square centimetres in area.

(4) A rear vision mirror fitted to a motor vehicle manufactured on or after the First day of July, 1973, and intended to be capable of reflecting to the driver of such vehicle as far as practicable a clear view of the road to the rear of such vehicle arid of any following or overtaking vehicle shall have a flat reflecting surface.

As amended by regulations published Gazette 20 October 1973, pp. 944-6.

73A. (Repealed).

Repealed by regulations published Gazette 16 June 1972, p. 869.

74. Number plates-Position and fitting-(!) There shall, where necessary, be securely fastened to a motor vehicle suitable

fittings for the front and rear number plates.

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82 Sch. to Pt. 13, c. 75 REGULATIONS Sch. to Pt. 13, c. 81

(2) The front number plate shall be located in front of and parallel to the front axle and no higher than 1.3 metres from the ground. The rear number plate shall be located at the rear of the vehicle and parallel to the rear axle and no higher than 1.3 metres from the ground.

(3) A part of a vehicle, including any loading carried thereon, or any fitting to a vehicle shall not be so located as to obscure any letter, symbol or figure of a number plate.

As amended by regulations published Gazette 20 October 1973, pp. 944-6; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59; 1 February 1986, pp. 406-9.

75. Avoidance of danger and nuisances-All parts and fittings of a motor vehicle shall be such that-

( I) They will not be likely to render unsafe the use of the vehicle, or to cause injury or annoyance to any person;

(2) Smoke will not be projected from the exhaust or elsewhere. The outlet of the exhaust shall be so affixed that the exhaust will not be projected directly on to the roadway;

(3) An undue amount of oil or grease will not be dropped on to the roadway; (4) Undue or avoidable noise or vibration will not be caused.

As amended by regulations published Gazette 21 December 1974, pp. 1595-6.

76. Silencer-There shall be securely affixed to the vehicle an efficient silencing device so constructed that all exhaust from the engine is projected through such device in such a manner that it will prevent the creation of undue noise.

77. Driver's view-The vehicle shall be so constructed or equipped that the driver will have a view of traffic on each side of it and in all directions in front of it, sufficient to enable him to drive it with safety.

78. Engine number-An identification number must be clearly and legibly stamped · directly upon the main component of the engine of the motor vehicle.

79. Vehicle to travel backwards or forwards-Any motor vehicle which, when unladen, weighs more than 300 kilogrammes, shall be capable of being driven backwards and forwards.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

80. Holder for Registration label­

( I)-

(a) All motor vehicles not having a windscreen, except motor cycles and trailers-a holder for the registration label shall be affixed to the left side of the vehicle as near as practicable to the position in which the label is required in accordance with the Regulations made under "The Main Roads Acts, 1920 to 1962," to be displayed in the case of a vehicle with a windscreen.

(b) Motor cycles-A holder for the registration label shall be affixed to the handlebar or front fork in the centre or on the left side of the motor cycle so that the label is clearly visible.

(c) Trailers-A holder for the registration label shall be affixed to the left side of the body so that the label will face outward or forward from the trailer.

· (2) Any label in a holder shall be clearly displayed through transparent colourless glass or other suitable material.

81. Ventilation-Motor vehicles constructed principally for the carriage of goods­Effective means of ventilation shall be provided for the driver otherwise than by means of windows and door openings: Provided that it shall be a sufficient compliance with this requirement if the vehicle is equipped with suitably placed pivoted or hinged windows.

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Sch. to Pt. 13, c. 82 REGULATIONS Sch. to Pt. 13, c. 82 83

82. (1) Tyres and Wheels-All motor vehicles-Every tyre fitted to a motor vehicle shall be free from any apparent defect likely to render unsafe the use of the vehicle or likely to cause or result in injury to any person or damage to any goods in or upon the vehicle, and shall have a tread pattern of a depth of not less than 1.5 millimetres on all parts of it which normally come in contact with the road surface; such tyres and their rims shall be of a size and capacity sufficient to carry the total weight of the vehicle and its loading. The tyres shall not be fitted with cleats or any other gripping device of a type likely to cause damage, other than normal wear and tear, to any road.

(2) There shall not be fitted to any motor car or motor utility truck any tyre which has been treated by regrooving.

(3) There shall not be fitted to any passenger car, passenger car derivative or multi­purpose passenger car a tyre that has been treated by retreading unless the tyre has been retreaded and marked in accordance with the provisions of Australian Standard AS 1973-'Retreaded Pneumatic Passenger Car Tyres' except that the original letter 'R' in the size branding may be substituted for the word 'radial' and the original letter 'B' in the size branding may be substituted for the words 'bias belted'.

(4) Notwithstanding any requirement of this Schedule to the contrary, tyres and rims fitted to any passenger car or passenger car derivative or to any multi-purpose passenger car using passenger car tyres may be of a size other than that provided for in the Table to clause 99, provided that in each case-

(a) the combination of tyre and rim-(i) in overall diameter does not vary from that specified by the manufacturer

by more than 15 millimetres; and (ii) accords with the specifications contained in-

(A) in the case of a vehicle manufactured prior to the first day. of January, 1974, one of the following manuals-

the Tyre and Rim Standards Manual of the Tyre and Rim Association of Australia;

the 1981 Tire and Rim Association Inc. Year Book; the British Standard, BS AU 50; the Japan Automobile Tyre Manufacturers Association; the Japanese Industrial Standards (JIS-D4202) and (JIS-D4218); the European Tyre and Rim Technical Organisation Practices

(E.T.R.T.O.); the Deutsche Industrie Norm (DIN) 7818; Deutsche Industrie Norm

(DIN) 7817; or (B) in the case of a vehicle manufactured on or after the first day of January,

1974, Table 2 of Australian Design Rule 23; (b) the rim does not vary in diameter by more than 51 millimetres from that

specified by the manufacturer; (c) in respect of speed, the performance rating of the tyre is equal to or exceeds

the lowest performance rating shown on the placard attached to the vehicle; and

(d) in respect of load, the load rating of the tyre is equal to or exceeds the lowest load rating shown on the placard attached to the vehicle.

(5) There shall not be fitted to any passenger car, passenger car derivative or multipurpose passenger car using passenger car tyres-

(a) any combination.of tyre and rim which, when fitted to the vehicle, fouls the wheel housing or running gear under any condition;

(b) tyres of more than one type of carcass construction, provided that the tyres on any vehicle may vary in respect of cord materials and number of plies;

(c) any wheel in which-(i) there is a circumferential weld other than that which attaches the rim to

the wheel centre; (ii) the rim width is more than 26 millimetres wider than the widest option

specified by the vehicle manufacturer; (iii) the wheel securing stud holes are not circular; or

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84 Sch. to Pt. 13, c. 83 REGULATIONS Sch. to Pt. 13, c. 85

(iv) the pitch circle diameter of the wheel securing stud holes is different from that of the original equipment wheel studs;

(d) any wheel which will result in the widest track specified by the vehicle manufacturer being exceeded by more than 26 millimetres;

(e) in respect of any vehicle manufactured on or after the first day of July, 1985, any wheel which is not approved as original equipment or original equipment replacement by the motor vehicle manufacturer, or is not indelibly marked with the wheel's nominal diameter and width, offset, and the mark of a standard of an approved organisation in a location so that they are readily visible when the wheel is correctly installed on the vehicle.

For the purpose of this paragraph, a standard of an approved organisation shall be a standard issued by one of the following organisations:­

Wheel Industries Association (Australia); Standards Association Australia; Technischer Uberwachungen, Verein; or Japanese Industrial Standards;

(f) a spacer between wheel and hub additional to any provided by the vehicle manufacturer;

(g) a wheel nut which does not engage the thread of the wheel stud for at least the same length as the wheel nut provided by the vehicle manufacturer or a wheel nut which does not match the taper on the wheel stud hole; or

(h) any eccentric wheel stud or eccentric wheel nut.

(6) No increase in wheel track measurement shall be permitted to vehicles manufactured with a combination of front wheel drive, McPherson strut front suspension and negative scrub radius steering geometry unless specified by the vehicle manufacturer.

As amended by regulations published Gazette 11 March 1967, p. 945 (as from 1 January 1968); 24 October 1970, pp. 735-6; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59; 26 June 1982, p. 2065 (as from 1 January 1983); 2 June 1984, pp. 1000-4; 19 July 1986, pp. 2185-9.

83. Motor cycle with sidecar-(1) A sidecar shall not be so attached to a motor cycle nor shall it be of such

weight or dimensions that it will prevent the driver from safely driving the vehicle or from having a sufficient view to the front, rear and either side of the vehicle to enable him to drive the vehicle with safety.

(2) A sidecar shall not be affixed to the right side of a motor cycle.

84. Pillion riding-If a motor cycle is to be used for pillion riding there shall be securely affixed to the cycle for use by the pillion rider, a suitably constructed and located foot-rest on each side and a suitable seat in a servicable condition.

Omnibus and Motor Truck-Information to be painted 85. Every omnibus, motor truck and motor utility truck shall have­

(a) the letter "T" followed by the unladen weight of the vehicle; and (b)-

(i) where the vehicle is a rigid vehicle, the letters "RGVM" followed by the registered gross vehicle mass of the vehicle as determined in accordance with the Regulations under the Main Roads Act 1920-1985; or

(ii) where the vehicle is a rigid vehicle equipped to tow a trailer, with a laden mass of 3.5 tonnes or more, the letters "RGVM" followed by the registered gross vehicle mass of the vehicle as determined in accordance with the Regulations under the Main Roads Act 1920-1985, and, immediately thereunder, the letters "RGCM" followed by the registered gross combination mass of the vehicle as determined in accordance with the Regulations under the Main Roads Act 1920-1985; or

(iii) where the vehicle is an articulated vehicle, the letters "RGCM" followed by the registered gross combination mass of the vehicle as determined in accordance with the Regulations under the Main Roads Act 1920-1985,

painted in block letters and figures on the right side thereof at least 50 millimetres high and kept in such a condition as to be clearly legible at a distance of 4.5 metres.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59; New c. 85 substituted by regulations published Gazette 6 August 1983, pp. 2011-3; 2 May 1987, pp. 196-7.

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Sch. to Pt. 13, c. 86 REGULATIONS Sch. to Pt. 13, c. 86c 85

86. (1) Television Receiver-Any television receiver shall be installed so that the screen or any part of it is not directly or indirectly visible to the driver from the driving position, its controls, other than the sound volume control and the main switch are not within the driver's reach, it does not impede driver or passenger movement in the vehicle and it is unlikely to increase the risk of occupant injury. ·

(2) Television Monitor-A television system which operates only when reverse gear is selected may be installed as an aid to driver vision such that the screen can be viewed directly or indirectly by the driver provided the monitor is able to receive only the signal from the accompanying television camera and the equipment is securely mounted in a position such that no part of the equipment-

(a) obscures driver vision; (b) impedes driver or passenger movement in the vehicle; and (c) is likely to increase the risk of occupant injury.

Substituted by regulations published Gazette 13 March 1982, pp. 987-1003.

86A. Doors-Any motor vehicle or trailer equipped with fuel burning facilities or living or sleeping accommodation shall have outward openi11g doors only. Such doors shall not be located on the right hand side.

Inserted by regulations published Gazette 11 February 1967, p. 527 (as from 1 July 1967).

86B. Every motor vehicle powered with a compression ignition engine and manufactured on or after the First day of January, 1971, shall at the time of first registration thereof under "The Main Roads Acts, 1920 to 1968" and at all subsequent times thereafter, be equipped with a locking device which shall prevent such compression ignition engine from being started by any accidental or inadvertant means.

Original c. 86B repealed by regulations published Gazette 16 June 1972, p. 869.

Present c. 86B (original c. 86L) inserted by regulations published Gazette 24 October 1970, pp. 735-6; as amended by regulations published Gazette 27 November 1971, pp. 1475-7; renumbered as c. 86b by regulations published Gazette 16 June 1972, p. 869.

Rear End Protection 86c. (1) Every semi-trailer manufactured on or after the First day of January, 1971,

shall at the time of first registration thereof under "The Main Roads Acts, 1920 to 1968" and at all subsequent times thereafter, be provided with an approved continuous rear bumper which shall be so constructed and located that-

(a) With the vehicle unladen, the contact surface of such bumper is not more than 600 millimetres from the level of the ground upon which such vehicle stands;

(b) The bumper contact surface is located not more than 600 mil!imetres from the rear of the vehicle and is painted white;

(c) The ends of such bumper extend to within 300 millimetres of each side of the vehicle, unless the rearmost point of the tyres is within 6oo millimetres of the rear of the vehicle, in which case, the ends of such bumper shall extend to within 300 millimetres of such tyres on each side of the vehicle;

(d) The member which is, or directly supports, the bumper contact surface is of material having no less strength than steel tubing of I 00 millimetres outside diameter and 8 millimetres wall thickness;

(e) The structure supporting the member prescribed in paragraph (d) hereof can transmit no less force than that member can sustain, and provides a continuous force path to vehicle members of a strength consistent with the forces to be sustained.

(2) The provisions of subclause (I) of this clause shall not apply to semi-trailers so constructed that cargo access doors, tailgates or other such like structures thereon when

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86 Sch. to Pt. 13, c. 86D REGULATIONS Sch. to Pt. 13, c. 86F

closed, afford protection comparable to that prescribed by such provisions; and a vertical plane tangental to the rearmost surface of the rear wheels is 15 5 millimetres or less from a parallel vertical plane containing the rearmost point of the semi-trailer.

Original c. 86c repealed by regulations published Gazette 16 June 1972, p. 869.

Present c. 86c (original c. 86c) inserted by regulations published Gazette 24 October 1970, pp. 735-6; as amended by regulations published Gazette 27 November 1971, pp. 1475-7; renumbered c. 86c regulations published Gazette 16 June 1972, p. 869; as amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

86D. Every motor vehicle manufactured on or after the First day of January, 1972, shall have fitted a compliance plate approved by the Austrailan Motor Vehicle Certification Board. Such plate shall be affixed in a conspicuous position on the vehicle and shall not be removed or modified without the approval of the Commissioner of Main Roads, nor shall such plate be defaced in any way.

Original c. 86D repealed by regulations published Gazette 16 June 1972, p. 869.

Present c. 86D (original c. 86P) inserted by regulations published Gazette 27 November 1971, pp. 1475-7; renumbered c. 86n by regulations published Gazette 16 June 1972, p. 869.

86E. (1) Every motor vehicle manufactured on or after the First day of January, 1972 up to and including the Thirtieth day of June, 1974, and capable of being driven at a speed in excess of 40.234 kilometres per hour on a level road shall be fitted with a speedometer which shall indicate the vehicle speed in miles per hour so that the indicated speed shall not be below the actual speed by more than ten per centum (10%) when the vehicle is driven at a speed in excess of 48.28 kilometres per hour. Such speedometer shall be so fitted that it is readily visible to the driver.

(2) Every motor vehicle manufactured on or after the First day of July, 1974 and capable of being driven at a speed in excess of 40 kilometres per hour on a level road shall be fitted with a speedometer which shall give an indication of the vehicle speed on a single scale calibrated in kilometres per hour.

At the time of first registration thereof under "The Mains Roads Acts, 1920 to 1968," the accuracy of such instrument shall be such that the indicated speed is not less than the actual speed by more than ten per centum (10%) when the vehicle speed is greater than 50 kilometres per hour.

Such speedometer shall be so fitted that it is readily visible to the driver.

(3) Every motor vehicle manufactured on or after the 1st July, 1982 and capable of being driven at a speed in excess of 40 kilometres per hour on a level road shall be fitted with a speedometer which shall give an indication of the vehicle speed on a single scale calibrated in kilometres per hour.

At the time of first registration thereof under the Main Roads Act 1920-1979, the accuracy of such instrument shall be such that the indicated speed is not more or less than the actual speed by more than ten per centum (10%) when the vehicle speed is greater than 40 kilometres per hour. Such speedometer shall be so fitted that it is readily visible to the driver.

Original c. 86E repealed by regulations published Gazette 16 June 1972, p. 869.

Present c. 86E (original c. 86Q) inserted by regulations published Gazette 27 November 1971, pp. 1475-7; renumbered c. 86E by regulations published Gazette 16 June 1972, p. 869; as amended by regulations published Gazette 20 October 1973, pp. 944-6; 22 June 1974, pp. 1116-20; 13 March 1982, pp. 987-1003.

86F. (1) All motor vehicles, except motor cycles and specially constructed vehicles, manufactured on or after 1st January, 1976 and equipped with an automatic transmission shall conform with the following requirements:-

(a) The transmission control lever position shall be permanently displayed within the driver's compartment of the vehicle.

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Sch. to Pt. 13, c. 86G REGULATIONS Sch. to Pt. 13, c. 86L 87

(b) The sequence of transmission control lever positions shall: (i) include a neutral position located between the reverse drive and forward

drive positions, and (ii) in cases where a park position is included, such park position shall be

located at the end of the sequence, adjacent to the reverse drive position. (c) In the case of passenger cars and derivatives with steering column mounted

transmission control levers, the movement of the control lever from neutral to reverse shall be clockwise except that in cases where all control lever positions are to the right of the vertical longitudinal plane through the centre of the steering wheel, the movement of the control lever from neutral to reverse shall be anti-clockwise. A device shall be provided which indicates the transmission position selected. The movement of the indicator shall be generally in the same linear or rotational direction as the movement of the transmission control lever.

(d) In the case of passenger cars and derivatives in which the transmission control lever is mounted in a position other than on the steering column, all control lever positions shall lie to the left of the vertical longitudinal plane through the centre of the steering wheel and movement of the control lever from neutral to reverse shall be generally upwards, forward or to the left according to whether the control lever is constrained to move generally in a vertical, longitudinal or transverse direction.

(e) The engine starter shall be inoperative when the transmission control lever is in a forward or reverse drive position.

(f) In cases where more than one forward transmission gear ratio is available, at least one forward drive ratio other than the highest speed transmission ratio shall, when engaged, prevent automatic upshift through the transmission range for all speeds and loads within the speed range up to and including 40 kilometres per hour.

For the purpose of this clause "automatic transmission" shall mean a transmission in which there is no driver controlled system for disconnecting the drive between the engine and the driving wheels other than the system for selecting gear ratios.

Inserted by regulations published Gazette 29 November 1975, pp. 1255-59.

86G. Every motor vehicle manufactured on or after the 1st July, 1982 and capable of being driven at a speed in excess of 40 kilometres per hour on a level road shall be fitted with an odometer which shall indicate the distance travelled by the motor vehicle in at least I kilometre units from 1 kilometre to 999 999 kilometres.

At the time of first registration thereof under the Main Roads Act 1920-1979 the accuracy of such instrument shall be such that the distance travelled by the vehicle as indicated by the odometer is not more or less than the actual distance travelled by more than four per centum (4%).

Original c. 86G repealed by regulations published Gazette 16 June 1972, p. 869; present c. 86G inserted by regulations published Gazette 13 March 1982, pp. 987-1003.

86H. (Repealed).

Repealed by regulations published Gazette 16 June 1972, p. 869.

861. (Repealed).

Repealed by regulations published Gazette 16 June 1972, p. 869.

86J. (Repealed). Repealed by regulations published Gazette 16 June 1972, p. 869.

86K. (Repealed). Repealed by regulations published Gazette 16 June 1972, p. 869.

86L. Renumbered as c. 86B by regulations published Gazette 16 June 1972, p. 869.

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88 Sch. to Pt. 13, c. 86L REGULATIONS Sch. to Pt. 13, c. 90

86M. Renumbered as c. 86c by regulations published Gazette 16 June 1972, p. 869.

86N. (Repealed). Repealed by regulations published Gazette 16 June 1972, p. 869.

86P. Renumbered as c. 86D by regulations published Gazette 16 June 1972, p. 869.

86Q. Renumbered as c. 86E by regulations published Gazette 16 June 1972, p. 869.

DIVISION 4

VEHICLES DRAWN BY ANIMAL POWER-SPECIAL PROVISIONS

Front and Rear Lights 87. Every two-wheeled vehicle-Two lamps on opposite sides, each showing when

lighted a bright white light to the front and a red light to the rear of such vehicle.

88. (1) Every four-wheeled vehicle or any vehicle having more than four wheels other than a pole-type jinker-

(a) Two lamps on opposite sides at the front at a height of not more than 1.9 metres from the ground, each showing when lighted a bright white light to the front; and

(b) One lamp at the rear of the vehicle in the centre thereof or to the right-hand or off-side of such centre at a height not more than 1.5 metres from the ground, showing when lighted a bright red light to the rear.

(2) Every pole-type jinker-(a) Two lamps on opposite sides at the front at a height of not more than 1.9

metres from the ground, each showing when lighted a bright white light to the front;

(b) One lamp upon the rear end of the pole of such jinker showing when lighted a bright red light to the rear.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

Rear Reflectors 89. Every vehicle or trailer-At the rear, two red reflectors, symmetrically affixed one

to each side and not higher than 1. 5 metres from the ground: Provided that this clause shall not apply in respect of any vehicle or trailer to which

are affixed rear clearance lamps or rear reflectors as prescribed by clauses 90 and 91 of this Schedule.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

Clearance Lamps 90. Every vehicle not being a trailer which, together with any loading or equipment

thereon is 2.2 metres or more in width-( I) On the forepart, two clearance lamps, one on each side:

Provided that this subclause shall not apply in respect of any vehicle where no part of such vehicle or any loading or equipment thereon on either side of such vehicle on which lighted lamps as prescribed by clauses 87 and 88 of this Schedule are affixed, projects more than 150 millimetres laterally from the centre of such lamp;

(2) On the rear, two clearance lamps, one on each side, or alternatively two red reflectors, one on each side.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

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Sch. to Pt. 13, c. 91 REGULATIONS Sch. to Pt. 13, c. 95 89

91. Any trailer which together with any loading or equipment thereon is 2.2 metres or more in width or which projects 150 millimetres or more laterally on either side beyond the vehicle by which it is drawn-

( I) On the front, two clearance lamps, one on each side; (2) On the rear, two clearance lamps, one on each side, or alternatively two red

reflectors, one on each side.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

Reflector Requirements 92. Any reflector affixed in accordance with the provisions of this Division to a

vehicle drawn by animal power shall comply with the relevant provisions for reflectors set out in clauses 24, 25 and 29 of Part II of Division 2 of this Schedule relating to motor vehicles.

Maximum Dimensions 93. Any vehicle drawn by animal power, including a vehicle and trailer, together

with any loading and equipment thereon-(!) Length-12 metres; (2) Width-2.5 metres; (3) Height-4.3 metres.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

Brakes 94. Any vehicle or vehicle and trailer drawn by animal power-An efficient brake

capable of stopping and holding the vehicle:

Provided that a vehicle having two wheels and drawn by an animal attached to such vehicle by means of harness suitable and sufficient to enable the vehicle to be stopped thereby shall be deemed to be equipped with an efficient brake:

Provided further that the use of the nave brake is prohibited on any van, lorry, wagon, or other description of heavy animal-drawn vehicle.

DIVISION 5

BICYCLES, ETC.-SPECIAL PROVISIONS 95. (I) Every bicycle, tricycle, handcart, barrow or other similar vehicle propelled or

designed for propulsion by human power-(a) Upon a central part of the front thereof, a lamp which when lighted shows a

bright white light to the front; (b) Upon the rear thereof, a lamp which when lighted shows a clear red light to

the rear, and a reflector, in respect of which lamp and reflector the conditions applicable thereto prescribed hereunder are complied with.

(2)-

(a) In the case of a bicycle, the rear lamp shall be affixed upon the rear stay which is on the right-hand or off side of the bicycle, or upon the rear of any rear mudguard or upon the right-hand or off-side of any rear axle, and the reflector shall be affixed in any one of the aforesaid positions.

(b) Neither the lamp nor the reflector shall be affixed in a position which is higher than the rim of the rear wheel where it passes between the stays.

(c) The lamp and reflector shall be so affixed that no part of the bicycle projects more than 510 millimetres to the rear of such lamp and reflector.

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90 Sch. to Pt. 13, c. 96 REGULATIONS Sch. to Pt. 13, c. 99

(d) The reflectors shall comply with the relevant provisions for reflectors contained in clauses 29 and 32 of Part II of Division 2 of this Schedule relating to motor vehicles.

(3) Every bicycle other than competition or one of a kind bicycles and those having a wheelbase of less than 640 millimetres, manufactured on or after 1st July, 1986, shall be fitted with rear, side and pedal reflectors as provided for in Australia Standard 1927-1978 Pedal Bicycles. All reflectors shall comply with Australian Standard 2142-1978 Reflectors for Pedal Bicycles. To the extent that there is any inconsistency between the provisions of this subclause and the provisions of subclause (I) and (2) of this clause and clauses 24, 25, 29 and 32, the provisions of this subclause shall prevail.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59; 10 May 1986, pp. 582-6 (as from 1 June 1986).

Brake Requirement 96. Every bicycle and tricycle-An efficient brake capable of stopping and holding

the vehicle.

Warning Device 97. Every bicycle and tricycle-A bell capable of giving audible and sufficient warning

of the approach and location of such bicycle or tricycle, and so positioned as to enable it to be operated by the driver from his normal driving position.

Rear Mudguard to be White 98. Every bicycle and tricycle-A rear mudguard the rear half of which is coloured

white.

DIVISION 6

AUSTRALIAN DESIGN RULES FOR MOTOR VEHICLE SAFETY Heading inserted by regulations published Gazette 16 June 1972, p. 869. 99. A motor vehicle shall at the time of first registration thereof under the Main

Roads Act 1920-1984 and at all subsequent times thereafter comply with the Australian Design Rules specified in the Table to this clause having regard to-

(a) the vehicle category to which the vehicle belongs; and

(b) the date of manufacture of the vehicle.

Title

Reversing Signal Lamps Door Latches and Hinges Seat Anchorages for Motor Vehicles Seat Anchorages for Motor Vehicles Seat Belts

TABLE

Australian Design Rule

No.

I 2 3 3A 4

This Rule applies to vehicles manufactured on or after the date specified below, or on or after such later date as may be specified in the Rule, depending on

the vehicle category

I January, 1972 I January, 1971 1 January, 1971 1 January, 1977 1 January, 1969

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Sch. to Pt. 13, c. 99 REGULATIONS

TABLE-continued

Seat Belts Seat Belts Seat Belts Seat Belts

Title

Seat Belt Anchorage Points Seat Belt Anchorages Direction Tum Signal Lamps Direction Tum Signal Lamps Hydraulic Brake Hoses Safety Glass Standard Controls for. Automatic

Transmissions Steering Columns Steering Columns Internal Sun Visors Glare Reduction in Field of View Rear Vision Mirrors Demisting of Windscreens Windscreen Wipers and Washers Fuel Systems for Goods Vehicles Location and Visibility of Instruments Location and Visibility of Instruments Safety Rims Instrument Panels Head Restraints Head Restraints New Pneumatic Passenger Car Tyres New Pneumatic Passenger Car Tyres New Pneumatic Passenger Car Tyres Tyre Selection Tyre Selection Anti-Theft Locks Anti-Theft Locks Vehicle Engine Emission Control Vehicle Engine Emission Control Vehicle Emission Control Vehicle Emission Control Vehicle Emission Control Motor Vehicle Noise Motor Vehicle Noise Side Door Strength Diesel Engine Exhaust Smoke Emissions Hydraulic Braking Systems Seat Belts for Heavy Vehicles Seat Belts for Heavy Vehicles Motorcycle and Moped Braking Systems Motorcycle and Moped Braking Systems Child Restraint Anchorages Child Restraint Anchorages Commercial Vehicle Braking Systems Commercial Vehicle Braking Systems

Australian Design Rule

No.

4A 4B 4C 4D SA SB 6 6A 7 8 9

lOA lOB II 12 14 15 16 17 18 18A 20 21 22 22A 23 23A 23B 24 24A 25 25A 26 27 27A 27B 27C 28 28A 29 30 31 32 32A 33 33A 34 34A 35 35A

Sch. to Pt. 13, c. 99 91

This Rule applies to vehicles manufactured on or after the date specified below, or on or after such later date as may be specified in the Rule, depending on

the vehicle category

1 January, 1974 1 January, 1975 1 January, 1976 1 January, 1984 1 January, 1969 1 January, 1975 1 January, 1973 1 July, 1981 1 January, 1970 1 July, 1971 1 January, 1972

1 January, 1971 1 January, 1973 1 January, 1972 1 January, 1973 1 January, 1972 1 January, 1971 1 January, 1973 1 July, 1975 1 January, 1973 1 January, 1981 1 July, 1970 1 July, 1973 1 January, 1972 1 January, 1975 1 January, 1974 1 January, 1984 1 January, 1986 1 January, 1973 1 January, 1986 1 January, 1972 1 January, 1978 1 January, 1972 1 January, 1974 1 July, 1976 1 January, 1982 1 January, 1983 1 January, 1974 1 July, 1980 1 January, 1977 1 July, 1976 1 January, 1977 1 July, 1977 1 July, 1980 1 March, 1976 1 March, 1988 1 July, 1976 1 January, 1985 1 January, 1979 1 July, 1980

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92 R. 93 REGULATIONS

TABLE-continued

Title

Exhaust Emission Control for Heavy Duty Vehicles

Exhaust Emission Control for Heavy Duty Vehicles

Vehicle Emission Control Heavy Trailer Braking Systems Motorcycle and Moped Noise Light Duty Vehicle Emission Control Mandatory Operation on Unleaded

Petrol

Australian Design Rule

No.

36

36A

37 38 39 40 41

r. 94

This Rule applies to vehicles manufactured on or after the date specified below, or on or after such later date as may be specified in the Rule, depending on

the vehicle category

I July, 1978

I January, 1988

I January, 1986 I July, 1984 I March, 1985 I January, 1988 I January, 1988

Inserted by regulations published Gazette 16 June I972, p. 869; as amended by regulations published Gazette 20 October I973, pp. 944-6; 2I December I974, pp. I595-6; 29 November I975, pp. I255-59; 2 July I977, p. 1337; 5 August I978, pp. I595-I604; 29 March I980, p. 1128; I3 March I982, pp. 987-1003; 11 December I982, pp. I734; 6 August I983, pp. 2011-I3; Original clause 99 and table thereto omitted by regulations Gazetted I February I986, pp. 406-8, New cl. 99 and table thereto substituted by regulations Gazetted I February I986, pp. 406-8; as amended by regulations Gazetted I9 July I986, pp. 2I85-9.

100. (Repealed).

Repealed by regulations published Gazette 24 October I970, pp. 735-6.

PART 14

BICYCLES AND ANIMALS

RIDING BICYCLES

93. (I) A person riding a bicycle shall not ride otherwise than astride a permanent and regular seat attached thereto.

(2) A person shall not use a bicycle to carry more persons at one time than the number for which it is designed and equipped.

(3) A person shall not ride a bicycle without having at least one hand on the handle­bars.

(4) A person shall not ride a bicycle within 2 metres from the rear of a motor vehicle over a distance of more than 200 metres.

(5) A person shall not ride a bicycle while carrying any article, the carriage of which is likely to interfere with his control of such bicycle.

As amended by regulations published Gazette 22 June I974, pp. III6-20; 29 November I975, pp. I255-59; sub. reg. (4) repealed by regulations published Gazette 10 May I986, pp. 582-6 (as from I June I986); sub. regs. (5) and (6) renumbered as sub. regs. (4) and (5) by regulations published Gazette 10 May I986, pp. 582-6 (as from I June I986).

TOWING OF BICYCLES, &c. 94. (I) A person riding a bicycle shall not attach himself to or permit himself to be

drawn by any other vehicle.

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r. 95 REGULATIONS r.98 93

(2) The driver of a vehicle shall not permit a person riding a bicycle to attach himself to or be drawn by the vehicle of such driver.

RIDING ABREAST

95. (Repealed).

Repealed by regulations published Gazette 13 April 1963, p. 1620.

LEADING ANIMALS

96. (I) A person riding an animal shall not lead more than one other animal.

(2) A person driving or riding in a vehicle shall not lead more than two animals.

(3) A person driving a motor vehicle shall not lead any animal.

HARNESS OF ANIMAL DRAWING A VEHICLE

97. A person shall not upon any road drive a vehicle drawn by animal power, unless-

( a) Any and every animal drawing such vehicle is harnessed with safe and suitable winkers or bridle, bit, reins, and other harness sufficient to enable the driver to guide and have full control of such animal and to regulate its speed;

(b) Such person holds the reins so as to enable him to properly guide and control any and every animal drawing such vehicle:

Provided that this Regulation shall not apply when a team of horses or other animals trained to be guided and controlled without reins is so guided and completely controlled by the driver.

USE OF UNBROKEN OR UNDOMESTICATED ANIMALS

98. (1) A person shall not, upon any road in a built-up area, unless he is the holder of a permit issued by the Superintendent authorising him so to do-

( a) ride any horse not thoroughly broken to saddle; (b) drive in any vehicle any horse not thoroughly broken to harness; (c) break-in or attempt to break-in any horse; (d) drive any loose or unbroken horses, cattle, or other animals after the hour of

7 a.m. on any day;

(2) A person shall not, upon the carriageway of any road in a built-up area-

FEEDING ANIMAL, IN ROAD-

(a) feed any horse or other animal otherwise than with food contained in a nose­bag suspended from the head of such horse or other animal or in a box or other container suitable for the purpose;

REMOVING WINKERS, BIT, &c.-(b) remove the winkers, bridle, or bit from any horse or other animal:

Provided that it shall not be an offence against this paragraph (b) to remove the bit-

(i) from any horse or other animal harnessed to any vehicle while such horse or other animal is feeding, if one of the wheels of such vehicle is securely locked, and the driver or some competent person is sufficiently near to such vehicle and horse or other animal as to have full control over the same, or

(ii) from any saddle horse while such horse is feeding, if such horse is securely fastened to a post or other secure object by means of a leather headstall or strong neck strap.

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94 r. 99 REGULATIONS r.102

DRIVE ANIMAL OFF CARRIAGEWAY WHERE PRACTICABLE

99. A person shall not drive any animal (other than an animal drawing a vehicle) upon the carriageway of a road if any other part of the road (any footway excepted) not formed for vehicular traffic adjoins the carriageway and it is practicable to drive such animal upon such part of the road.

PART 15

PASSING STATIONARY TRAMS AND SAFETY ZONES

PASSING TRAMS AT A TRAM TERMINUS

100. A driver passing a tram standing at a tram terminus shall cause his vehicle to pass between the tram and the left boundary of the carriageway.

PASSING STATIONARY TRAMS

101. (1) A driver approaching the rear of a tram which is stationary other than at a terminus shall not permit any part of his vehicle to proceed beyond the rear of the tram unless the space between the tram and the nearer kerb is clear of pedestrians and-

( a) he is directed to do so by a tramway employee in uniform; or (b) he does so in compliance with a direction of a traffic control light signal

which is operating at an intersection; or (c) he does so in accordance with a signal, order or direction of a Police Officer.

(2) A driver shall not drive a vehicle into the part of a carriageway between a tram standing at a tram terminus and the boundary of the carriageway while any person is upon that part of the carriageway.

(3) A driver shall not drive a vehicle at a speed exceeding 10 kilometres per hour­(a) when passing a tram in accordance with subregulation (1) of this Regulation;

or (b) when passing a tram standing at a tram terminus except when leaving an

intersection pursuant to the direction of a traffic control light signal or the signal, order or direction of a Police Officer.

(4) This Regulation shall not apply where the portion of the road upon which the vehicle is proceeding is separated from the tram-track by a reservation or safety zone.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20.

DRIVING PAST SAFETY ZONES

102. (1) A driver (other than the driver of a tram) shall not cause his vehicle to pass to the right of any safety zone.

(2) A driver shall not cause any portion of his vehicle to pass within or through a safety zone.

(3) A driver shall not permit his vehicle to pass any safety zone at a speed greater than is reasonable and proper having regard to the safety of pedestrians on or crossing to or from the safety zone.

PART 16 LICENCES FOR DRIVERS, STALLS, ITINERANT VENDORS, ETC.: PERMITS FOR

ITINERANT MUSICIANS, AMPLIFIERS, MEETINGS, PROCESSIONS, ETC., AND ADVERTISING, HANDBILLS, ETC.

APPLICATION FOR LICENCE TO BE MADE TO SUPERINTENDENT

103. (1) Every application for a licence shall be in such form as may be provided, and every applicant for a licence shall furnish true and correct information and particulars in regard to the matters required by such form to be furnished in respect of such

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r.103 REGULATIONS r.105 95

application and the Superintendent may require an applicant for a licence to produce satisfactory evidence in verification of statements made by such applicant for the purposes of such application.

(2) Unless otherwise directed by the Commissioner-(a) where an applicant usually resides or carries on business in a city he shall

obtain such form from and lodge such application with the Superintendent at the principal Traffic Office in such city;

(b) where an applicant usually resides or carries on business in any place other than a city, he shall obtain such form from and lodge such application with the Superintendent in the Police Division in which the applicant usually resides or carries on business:

Provided that an applicant for a licence may, in lieu of obtaining such form from and lodging such application with the Superintendent as aforesaid, obtain such form from and lodge such application with any other Superintendent, and such other Superintendent may in his discretion, but only if he considers such action warranted, issue such licence in accordance with these Regulations.

FITNESS OF APPLICANT TO BE DETERMINED

104. The Superintendent may upon receiving an application for any licence make or cause to be made any inquiry, test or examination required by the Act or these Regulations to be made or require an applicant to produce any medical certificate as to his fitness to hold such licence or which in the opinion of such Superintendent is necessary or desirable, to determine whether the applicant is a fit and proper person to be issued with such licence and to determine whether any circumstances exist which would make it undesirable that such licence should be issued.

CLASSES OF DRIVER'S LICENCES

105. (1) A driver's licence shall state clearly the class or classes of motor vehicles which the holder thereof is thereby authorised to drive, and a driver's licence shall not authorise or be deemed to authorise the holder thereof to drive a motor vehicle of any class not so stated.

Provided that the holder of a driver's licence authorising the driving of any class or classes of motor vehicles other than a moped shall, without any endorsement pursuant to subregulation (2), be authorised to drive a moped.

(2) The Superintendent may, by endorsement on a driver's licence, extend the operation thereof so as to thereby authorise the holder thereof to drive any class of motor vehicle not already stated therein.

(3) A driver's licence may be subject to a condition whereby the holder thereof is thereby authorised to drive a motor vehicle upon certain specified roads only or is thereby prohibited from driving a motor vehicle upon certain specified roads.

That condition shall be set out in the licence and may describe the roads in question by reference to any area, place, locality or otherwise so that they are designated so as to be understood.

For the purposes of the Act and these Regulations every such condition shall be deemed to be included in and form part of the licence which shall have effect subject thereto accordingly.

(4) A driver's licence shall authorise the holder thereof to drive any and every motor vehicle of any class stated in that licence upon any and every road in Queensland if, but only if, that licence is not subject to a condition prohibiting the holder thereof from driving, or not authorising the holder thereof to drive, a motor vehicle of the class in question upon the road in question.

As amended by regulations published Gazette 6 August 1983, pp. 2011-3.

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96 r.106 REGULATIONS r.107

AGE OF DRIVER

106. (1) This Regulation and Regulations 107, 108 and 109 hereof shall apply so that no provision hereof or of any of the said Regulations shall authorise or be deemed to authorise the issue of a driver's licence to any person at any time when that person is disqualified by the Act or by an order made under the Act or under any other Act or law from holding or obtaining a driver's licence.

(2) A driver's licence shall not be issued to any person who is under the age of seventeen years:

Provided that the District Superintendent may, at his discretion, direct the issue of a driver's licence to a person who is under the age of seventeen years, where the District Superintendent is satisfied that special circumstances exist which justify the issue of a driver's licence to that person.

(3) Notwithstanding the issue of a driver's licence to any person under the age of twenty-one years licensing him to drive any omnibus, a person under the age of twenty­one years shall not drive any omnibus conveying any passenger.

DRIVER'S LICENCE NOT TO BE ISSUED TO CERTAIN PERSONS

(4) A driver's licence shall not be issued to any person-(a) whose next previous driver's licence other than a provisional licence has been

cancelled, unless such person has obtained permission from the District Superintendent to apply for a new driver's licence;

(b) who is otherwise disqualified from holding or obtaining a driver's license; (c) in respect of a traction engine or tractor propelled by steam power, unless

such person is the holder of a valid certificate issued under The Inspection of Machinery Acts, 1951 to 1960, relating to the driving by him of a traction engine or tractor propelled by steam power.

(5) Nothing in this regulation shall limit or otherwise affect any liability, obligation or requirement for any person to be the holder of a valid certificate issued under any other Act or law.

As amended by regulations published Gazette 20 December 1969, pp. 1775-6 (as from 19 January 1970).

TESTING APPLICANT'S FITNESS TO HOLD DRIVER'S LICENCE

107. (1) Upon receipt by the Superintendent of an application for a driver's licence, the Superintendent may cause the applicant to be tested as to his ability to drive a motor vehicle of the class for which that licence is required by the applicant. Such tests shall include the following-

(a) sight and hearing tests; (b) tests in knowledge of traffic law;

(c) practical driving tests which shall be carried out upon the particular class of vehicle in respect of which the applicant has applied for a driver's licence and shall, if practicable, include amongst other things-

(i) the driving of the motor vehicle in a forward and reverse direction; (ii) the driving of the motor vehicle into or through a restricted space in a

forward and reverse direction;

(iii) the stopping of the motor vehicle (with the engine running and the gears disengaged) during the ascent of a steep hill and the re-starting of the motor vehicle in a forward direction;

(iv) the stopping of the motor vehicle in a reasonable distance by the application of the foot and hand brakes and each of them separately,

and, if necessary, the driving ofthe motor vehicle while such vehicle is carrying loading as directed by the Superintendent.

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r. 107A REGULATIONS r.108 97

TRACTOR DRIVER TO HOLD CERTIFICATE AS TO COMPETENCY

(2) A driver's licence issued in respect of a traction. engine or tractor propelled by steam power shall automatically become and be cancelled if at any time the holder thereof ceases to be the holder of an effective certificate issued to him under The Inspection of Machinery Acts, 1951 to 1960, whether by reason of the cancellation or suspension of such lastmentioned certificate or otherwise howsoever.

(3) Nothing in this Regulation shall limit or otherwise affect any liability, obligation or requirement for any person to be the holder of a valid certificate issued under any other Act or law.

107A. Nothwithstanding those provisions of subsection (3) of section 14 of the Act which provide for a maximum period of five years or longer, the maximum period for which a driver's licence (other than a learner's permit or a provisional licence) shall be in force shall be five years commencing on and including the date of issue of such licence and expiring not later than the birth date of the applicant during the fifth year of such period.

Inserted by regulations published Gazette 14 February 1976, p. 563. 107B. Notwithstanding the provisions of Regulation 107 of these Regulations, where

a driver's licence of a person is cancelled or deemed to be cancelled in accordance with the provisions of section 55 of the Act or Regulation 1 08c of these Regulations and that person subsequently makes application for a driver's licence of the class or classes authorised by his last preceding driver's licence, the Superintendent shall cause the applicant to be tested on a class of vehicle which, in the opinion of the Superintendent, demonstrates the applicant's ability to drive the class or classes of motor vehicle for which that licence is required by the applicant. Such tests shall be in accordance with those prescribed in subregulation (1) of Regulation 107.

Inserted by regulations published Gazette 6 August 1983, pp. 2011-3.

REFUSAL OF ISSUE OF LICENCE BY SUPERINTENDENT

108. (1) The Superintendent shall refuse to issue a driver's licence to any person who-

(a) in the opinion of such Superintendent-(i) has failed to pass any test prescribed in subregulation ( 1) of Regulation

107; or (ii) has any mental or physical disability likely to affect his efficiency in driving

a motor vehicle having regard to the safety of the public generally; (b) has not been the holder of a learner's permit for a continuous period of six

weeks immediately preceding the date of application for such driver's licence: Provided that this requirement shall not apply-

(A) in respect of a person-(i) who, not being an applicant for a driver's licence in respect of a motor

cycle, is the holder of a current driver's licence for another class of motor vehicle, other than a motor cycle;

(ii) whose last preceding driver's licence for the class of vehicle in respect of which a driver's licence is sought has been cancelled;

(iii) whose last-preceding driver's licence expired by effiuxion of time for a period of not more than five years; or

(iv) who by reason of absence from the State or Territory of the Commonwealth or country where his last preceding driver's licence was issued has been unable to renew the said driver's licence; or

(B) where the District Superintendent so directs in cases where he is satisfied that special circumstances exist for the waiver of such requirement.

(2) The Superintendent may, at his discretion, refuse to issue a driver's licence to any person who-

(a) is, in the opinion of such Superintendent, unfit to drive a motor vehicle; or

4

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98 r. 108A REGULATIONS r.108B

(b) does not prove to such Superintendent that such person's address is in the Police Division or such other area in respect of which such Superintendent may issue a driver's licence.

As amended by regulations published Gazette 14 February 1976, p. 563; 5 June 1976, p. 833.

108A. (1) Every driver's licence (other than a learner's permit) that is issued to a person who-

(a) Has not been the holder of a valid driver's licence (other than a learner's permit or a provisional licence or a driver's licence issued on probation issued under the law of this State or of any other State or Territory of the Commonwealth or country) issued to him under the law of this State or any other State or Territory of the Commonwealth or country during a continuous period of one year or more immediately preceding the date on which the application for the driver's licence is received by the Superintendent; or

(b) Being or having been the holder of a provisional licence or a driver's licence issued on probation under the law of this State or of any other State or Territory of the Commonwealth or country has not been the holder of such licence or licences for a period of or for periods amounting in the aggregate to one year,

shall be issued as a provisional licence. (2) For the purposes of subregulations I and 3 of this Regulation a driver's licence

is not valid during any period of cancellation or suspension. (3) Notwithstanding the provisions of subregulation I of this Regulation a driver's

licence may be issued otherwise than as a provisional licence if the applicant for such driver's licence has previously held for a continuous period of one year or more a valid driver's licence (other than a learner's permit, provisional licence or a driver's licence issued on probation issued under the law of this State or of any other State or Territory of the Commonwealth or country) issued under the law of this State or of any other State or Territory of the Commonwealth or country and

(a) The application for such driver's licence is made within five years from the date of expiry of the previous driver's licence; or

(b) The applicant by reason of absence from the State or Territory of the Commonwealth or country where the driver's licence was issued has been unable to renew the said driver's licence.

(4) The onus of satisfying the Superintendent that an applicant for a driver's licence is not a person to whom the provisions of subregulation I of this Regulation apply or is a person to whom the provisions of subregulation 3 may apply shall be upon the applicant.

(5) A provisional licence shall be issued for a period not exceeding one year. (6) On and from 1st April, 1982, where a provisional licence to drive a motor cycle

is issued, that licence shall restrict the driver to driving a motor cycle with engine capacity not exceeding 250 mi.

This subregulation shall not apply where the person who is issued with the provisional licence-

(i) has previously held a driver's licence for a continuous period of more than twelve months;

(ii) held a permit to learn to drive a motor cycle without restriction as to engine capacity prior to I st April, 1982; or ·

(iii) has previously held a provisional driver's licence to drive a motor cycle without restriction as to engine capacity.

Inserted by regulations published Gazette 20 December 1969, pp. 1775-6 (as from 19 January 1970); as amended by regulations published Gazette 3 August 1974, pp. 1947-8; 13 March 1982, pp. 987-1003.

108B. (Repealed).

Repealed by regulations published Gazette 3 July 1976, p. 1354.

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r.lOSc REGULATIONS r.lOSE 99

lOSe. (1) Where a person, who is the holder of a provisional licence or a learner's permit, is convicted or pays a penalty pursuant to Part 17 of these Regulations in respect of any offence shortly described in Schedule B to these Regulations and which was committed or alleged to have been committed by him at a time when he was the holder of that provisional licence or learner's permit, that person shall by virtue of such conviction or payment be deemed to have marked against his provisional licence or learner's permit the points set forth next to that offence in the said Schedule.

(2) Where by virtue of subregulation (1) of this Regulation a person is deemed to have marked against his provisional licence or learner's permit certain points and those points total four or more, any provisional licence or learner's permit held by that person is cancelled forthwith.

Inserted by regulations published Gazette 20 December 1969, pp. 1775-6 (as from 19 January 1970); as amended by regulations published Gazette 27 November 1971, pp.l475-7; substituted by regulations published Gazette 13 March 1982, pp. 987-1003.

lOSo. Subject to the Act and these Regulations, where in pursuance of the operation of the Act or these Regulations-

( a) a learner's permit is cancelled, a Superintendent shall not issue a Ieamer's permit to the previous holder of such cancelled permit until a period of three months has elapsed from the date on which the cancelled permit has been delivered to the Superintendent as is required under Regulation 134A of these Regulations;

(b) a provisional licence is cancelled, a Superintendent shall not issue-(i) a learner's permit to the previous holder of such cancelled licence until a

period of three months has elapsed from the date on which the cancelled licence has been delivered to the Superintendent as is required under Regulation 134A of these Regulations;

(ii) a further provisional licence to the previous holder of such cancelled licence until such person has again been tested as prescribed and has satisfied such Superintendent as to his qualification to hold such further provisional licence, provided that such person shall not be so tested until a period of three months has elapsed from the date on which the cancelled licence has been delivered to the Superintendent as is required under Regulation 134A of these Regulations;

(iii) a driver's licence to the previous holder of such cancelled licence until such person has been the holder of a further provisional licence as provided in provision (ii) hereof for a continuous period of not less than one year.

Inserted by regulations published Gazette 20 December 1969, pp. 1775-6 (as from 19 January 1970); substituted by regulations published Gazette 4 September 1971, p. 52; further substituted by regulations published Gazette 13 March 1982, pp. 987-1003.

lOSE. An application for an order under section 20A of the Act directing that a person be issued with a provisional licence shall be in the following form:-

Queensland

Traffic Act 1949-1984 (S. 20A)

The Traffic Regulations, 1962 (R. 108E)

APPLICATION FOR AN ORDER DIRECTING THE ISSUE OF A PROVISIONAL LICENCE

l. I, , of , occupation , born on at , hereby make application pursuant to section 20A of the Traffic Act 1949-1984 for an order directing that I be issued with a provisional licence.

2. I hereby state that-(a) immediately prior to the conviction in respect of which this application is

made, by virtue of which I am liable to be, or by virtue of which I have by operation oflaw been, disqualified from holding or obtaining a driver's licence,

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100 r. 109 REGULATIONS

I was the holder of driver's licence Number for the following classes of vehicles:

r.109

, expiry date

(b) I have not been previously convicted under section 16 of the Traffic Act within a period of five years prior to the conviction in respect of which this application is made;

(c) the conviction in respect of which this application is made was not a conviction-

(i) for an offence committed at a time when I was disqualified under the Traffic Act or any other Act from holding or obtaining a driver's licence; or

(ii) for an offence committed at a time when I was the holder of a provisional licence issued pursuant to an order made under section 20A of the Traffic Act.

3. I further state that-(a) a refusal of this application would cause extreme hardship to me or my family

by depriving me of my means of earning my livelihood; (b) the conviction in respect of which this application is made was not a conviction

for an offence committed whilst I was engaged in an activity directly connected with my means of earning my livelihood.

(Here set out facts and circumstances in support of (a) (b) above.) 4. I am aware that this application cannot be granted unless I satisfy the court that

I am a fit and proper person to hold a provisional licence, having regard to the safety of other road users and the public generally. ·

5. I understand that I am required to submit myself as a witness to give evidence in respect of all matters relevant to this application and that I am liable to cross­examination with respect to that evidence.

Signature and Date

Inserted by regulations published Gazette 23 February 1985, p. 967 (as from 4 March 1985). As amended by regulations published 1 February 1986, p. 409.

LEARNER'S PERMIT

109. (1) Upon receipt by the Superintendent of an application for a permit to learn to drive a motor vehicle, the Superintendent shall cause the applicant to undergo testing in respect of-

(a) his sight and hearing; and (b) his knowledge of the traffic law.

(2) A permit to learn to drive a motor vehicle may be issued by the Superintendent to any person of or above the age of seventeen years who has satisfied him in respect of the testing referred to in subregulation (I).

The District Superintendent may, at his discretion, direct the issue of a learner's permit to any person who is under the age of seventeen years, where the District Superintendent is satisfied that special circumstances exist which justify the issue of such learner's permit.

(3) A learner's permit-(a) shall be issued for a period of twelve months;

(b)­(i)

(ii) may limit the class of vehicle to which such permit shall apply; and in the case where the learner's permit applies to a motor cycle, restrict the learner to driving a motor cycle with a engine capacity not exceeding 250 ml:

Provided that the provisions of subparagraph (ii) hereof shall not apply to a learner who-

(A) has previously held a driver's licence for a continuous period of more than twelve months;

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r.109 REGULATIONS r. 109 101

(B) was the holder of a permit to learn to drive a motor cycle without restriction as to engine capacity prior to 1st April, 1982; or

(C) has held prior to lst April, 1982 a provisional driver's licence to drive a motor cycle without restriction as to engine capacity.

(c) may limit the hours and locality in which such learner may drive such vehicle; (d) shall not be issued to a learner unless such Ieamer, when applying for the

permit, satisfies the Superintendent that the person who-(i) will occupy the seat next to such Ieamer when he is learning to drive a

motor vehicle (other than a motor cycle or moped); or (ii) will direct such learner when he is learning to drive a motor cycle or moped,

has, for a period of at least twelve months, been licensed to drive the class of motor vehicle which the learner will drive under the authority of the permit;

(e) may be subject to a condition that the holder of such permit shall not drive a motor vehicle unless there is displayed in a conspicuous position at the front and at the rear of such vehicle and facing directly to the front and rear of such vehicle, respectively, a plate measuring not less than 146 millimetres by 146 millimetres bearing a black letter "L" clearly marked on a yellow background;

(f) may be subject to such other conditions and stipulations as may be endorsed thereon by the Superintendent.

(4) A person shall not upon any road drive any motor vehicle upon which is displayed a distinguishing mark in the form of or similar to or which is likely to be mistaken for a distinguishing mark in the form of the design specified in paragraph (e) of subregulation (3) of this Regulation-

( a) if the distinguishing mark so displayed has a colour scheme other than a black letter "L" on a yellow background;

(b) unless, at all times when such mark is so displayed, the holder of a learner's permit is driving or being taught to drive such motor vehicle.

Provided that the provisions of paragraph (b) hereof shall not apply to a person who is the driver of a motor vehicle used for the purposes of a driving instruction school within the meaning of the Motor Vehicle Driving Instruction School Act 1969 and such vehicle is being operated, at the material time, for the purposes of that driving instruction school.

(5) The holder of a learner's permit shall not upon any road drive any motor vehicle (other than a motor cycle or moped) unless-

(a) a person who holds and has, for a period of twelve months, held a driver's licence, other than a learner's permit, for that class of vehicle; or

(b) a Police Officer who is submitting such holder to a driving test for any purpose pursuant to the Act or these Regulations,

is occupying the seat next to such holder. (6) The holder of a learner's permit shall not upon any road drive any motor cycle

or moped unless he is driving under the direction of a person who holds and who has held, for a period of twelve months, a driver's licence, other than a Ieamer's permit, in respect of a motor cycle, or, with respect to a moped only, a driver's licence, other than a Ieamer's permit, in respect of any class of vehicle.

(7) The holder of a Ieamer's permit shall not upon any road drive any motor cycle whilst there is being carried upon such motor cycle or upon anything attached to it any other person except a person who is safely seated in a side-car or on a pillion seat and who holds and has held for a period of at least two years a driver's licence, other than a Ieamer's permit, in respect of a motor cycle.

As amended by regulations published Gazette 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59; 14 February 1976, p. 563; new sub-regulation (1) inserted by regulations published Gazette 13 March 1982, pp. 987-1003; existing sub-regulations {1) to (6) renumbered (2) to (7) respectively by regulations published Gazette 13 March 1982, pp. 987-1003; 11 December 1982, p. 1734; 6 August 1983, pp. 2011-3; 1 September 1984, pp. 75-6.

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102 r.llO REGULATIONS r.llOA

DRIVERS' LICENCES ISSUED OUTSIDE QUEENSLAND

110. (1) For the purposes of section 15 of the Act and these Regulations relating to drivers' licences, a driving licence issued under the law of the State or Territory of the Commonwealth of Australia or other country in which the holder thereof usually resides, or an international driving permit issued in such State, Territory or other country, shall, so long as such driving licence or driving permit is in force, be deemed to be equivalent in Queensland to and accepted in lieu of a driver's licence for the purpose authorising the holder thereof to drive in Queensland any vehicle of the type or class to the driving of which the said driving licence or driving permit is applicable, if, but only if, such holder-

(a) usually resides outside Queensland and is temporarily in Queensland; (b) has not been given notice by the District Superintendent in pursuance of

subregulation (2) of this Regulation of the withdrawal of the privilege conferred by this subregulation ( 1 );

(c) is not otherwise disqualified from obtaining or holding a driver's licence in Queensland; and

(d) if required under the law of any State or Territory of the Commonwealth or country in which his driving licence was issued, to display upon any motor vehicle driven by him a "P" plate or plates so displays such "P" plate or plates whilst driving a motor vehicle upon a road in Queensland.

(2) The District Superintendent may at any time by notice in writing, served upon the holder of any such driving licence or driving permit as aforesaid, withdraw the privilege conferred on such holder by subregulation ( 1) of this Regulation if such holder-

(a) has, in the opinion of such District Superintendent, any mental or physical disability likely to affect his efficiency in driving a motor vehicle, having regard to the safety of the public generally;

(b) is, in the opinion of such District Superintendent, otherwise not fit to drive a motor vehicle, or if, in the opinion of such District Superintendent, having regard to the safety of the public generally, it is not desirable that such person should be allowed to drive a motor vehicle; or

(c) has in Queensland or elsewhere been convicted of an offence in connection with the driving of a motor vehicle.

(3) Where any of the circumstances set out in subsection (22) (a) of section 16A of the Act are applicable to the holder of any such driving licence or driving permit as aforesaid the privilege conferred upon such holder by subregulation (1) of this Regulation shall be suspended for a period of twenty-four hours commencing at the time when the analysis is made or the requisition is made or the indication from the device is ascertained or the certificate in writing is given, as the case may be.

The member of the Police Force who required the specimen shall sign and deliver to the person concerned (or to another person on behalf of that person at the request of that other person) a statement in writing that the privilege conferred on such holder by subregulation (1) of this Regulation is suspended by this subregulation for the period of twenty-four hours commencing at the time stated therein.

As amended by regulations published Gazette 21 September 1968, p. 209; 20 December 1969, pp. 1775-6 (as from 19 January 1970); 3 August 1974, pp. 1947-8; 9 February 1980, p. 458.

PRODUCTION OF DRIVERS' LICENCES ISSUED OUTSIDE QUEENSLAND

llOA. (1) The holder of a driving licence or an international driving permit to which the provisions of Regulation 11 0 ( 1) of these Regulations apply shall when required to do so by a member of the Police Force produce such licence or permit for inspection.

(2) Notwithstanding the provisions of subregulation (1) of this Regulation a person to whom such provisions apply shall be deemed not guilty of an offence if not later than forty-eight hours after being required so to do he produces such licence to the Officer in Charge of the Police Station specified by that member of the Police Force.

Heading inserted by regulations published Gazette 9 February 1980, p. 458.

Reg. I lOA inserted by regulations published Gazette 9 February 1980, p. 458.

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r.111 REGULATIONS r.117 103

ISSUE OF LICENCE WITHOUT PRESCRIBED TEST

111. Notwithstanding anything contained in these Regulations (other than Regulation 108D hereof), a driver's licence may be issued by the Superintendent to any person without requiring such person to be tested as prescribed in Regulation 107 ( 1) hereof, if such person is or has within a period of five years been the holder of a driver's licence or driving permit issued to him under the law of this State or of any other State, Territory or country, and the Superintendent is satisfied that such person has been tested as to his ability to drive a motor vehicle of the class in respect of which he has applied for a driver's licence.

As amended by regulations published Gazette 20 December 1969, pp. 1775-6 (as from 19 January 1970); 3 August 1974, pp. 1947-8.

RETESTING DRIVER

. 112. A person who is the holder of a driver's licence shall, when so required by written notice by the Superintendent, present himself to such Superintendent at the time and place specified in such notice, for further testing as to his ability to drive a motor vehicle of the class stated in his driver's licence and shall at the same time and place deliver to such Superintendent such licence. Such person shall thereupon be tested in the same manner as if he were making an application for the issue to him of a driver's licence. If such person-

( a) fails to present himselffor such further testing in accordance with such notice; (b) refuses or neglects to be further tested as aforesaid; (c) in the opinion of the Superintendent fails to pass the tests prescribed in

Regulation 107 (1) hereof or any of those tests; or (d) has, in the opinion of such Superintendent, any mental or physical disability

likely to affect his efficiency in driving a motor vehicle having regard to the safety of the public generally,

the provisions of Regulation 134 of these Regulations may be invoked and applied.

MOTORMAN AND CONDUCTOR TO OBTAIN LICENCE

113. (Repealed).

Repealed by regulations published Gazette 13 April 1963, p. 1620.

MOTORMAN'S AND CONDUCTOR'S LICENCES NOT TO BE ISSUED IN CERTAIN CASES

114. (Repealed).

Repealed by regulations published Gazette 13 April 1963, p. 1620.

SIGNATURE BY LICENSEE ON LICENCE

115. (1) Every licensee shall, forthwith upon receipt by him of a licence, write, in ink, on the licence, his usual signature in the space provided for that purpose.

(2) Any licensee who produces to any Authorised Officer a licence issued to such licensee which does not bear the usual signature of the licensee in ink in the space provided for that purpose shall be guilty of an offence.

CONDITIONS OF LICENCE

116. A licence may be issued by the District Superintendent or Superintendent subject to such conditions as may be determined by such District Superintendent or Superintendent, as the case may be, and stated in such licence and such conditions shall be deemed to be included in and form part of the licence which shall have effect subject thereto accordingly.

AIDS TO EYESIGHT AND HEARING

117. (1) If any aids to vision or hearing were used by any applicant for a driver's licence during any test prescribed in Regulation 107 ( 1) hereof any licence issued to such

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104 r.117A REGULATIONS r. 120

applicant shall be endorsed with or bear on the front thereof the word "Spectacles" or the words "Hearing Aid", as the case may be.

(2) Any person who holds a licence endorsed with or bearing the word "Spectacles" or the words "Hearing Aid" shall, at all times, while driving a motor vehicle wear spectacles or a hearing aid, as the case may be.

RESTRICTION CONCERNING LICENSED MOTOR TRUCKS AND ARTICULATED VEHICLES

117A. (1) On and from 1st September, 1982, where-(a) a driver's licence (other than a learner's permit) to drive a motor truck is

issued to a person; and (b) that person has not previously held for a continuous period of one year or

more a driver's licence (other than a learner's permit) issued under the law of this State or of any other State or Territory of the Commonwealth or country authorising that person to drive any motor car or motor utility truck,

then the firstmentioned licence shall contain a condition prohibiting the driver from driving a motor truck which is a licensed vehicle.

(2) On and from 1st September, 1982, where-(a) a driver's licence (other than a learner's permit) to drive an articulated vehicle

. is issued to a person; and (b) that person has not previously held for a continuous period of two years or

more a driver's licence (other than a learner's permit) issued under the law of this State or of any other State or Territory of the Commonwealth or country authorising that person to drive any motor truck,

then the firstmentioned licence shall contain a condition prohibiting the driver from driving an articulated vehicle which is a licensed vehicle.

(3) At any time subsequent to the issue of a driver's licence referred to in subregulations (I) and (2) hereof containing an aforesaid condition the Superintendent may, upon application by the person issued with the licence and upon being satisfied that as at the date of such application that person has held for the continuous period stated in paragraph (b) of the respective subregulation the driver's licence referred to in that paragraph, delete the aforesaid condition.

(4) The District Superintendent may with respect to any person waive the requirements of this Regulation where he is satisfied that special circumstances exist which justify such waiver.

Heading and regulation 117A inserted by regulations published 31 August 1982, p. 2871.

LICENCE REQUIRED FOR STALL, STAND, OR STANDING VEHICLE

118. A person shall not set up or use upon any road any stall, stand or standing vehicle for the purpose of offering for sale any goods, or for the pursuit of any business, calling or employment, unless he is the holder of a licence issued by the District Superintendent authorising him so to do.

ITINERANT VENDOR TO OBTAIN LICENCE

119. (1) A person shall not upon any road engage in the itinerant vending of goods upon any vehicle or in any basket or other receptacle, unless he is the holder of a licence issued by the District· Superintendent authorising him so to do.

ITINERANT VENDOR NOT TO STAND EXCEPT WHILE EXECUTING SALE

(2) A licensed itinerant vendor shall not stand upon any road with any vehicle, basket or other receptacle, except while actually executing a sale.

120. The District Superintendent may, at his discretion, refuse to issue a licence under either Regulation 118 or 119 hereof, to any person-

(a) who is under sixteen years of age;

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r.121 REGULATIONS r.123 105

(b) who has been convicted of any crime or of any misdemeanour or of being under the influence of liquor or a drug whilst driving or in charge of a vehicle;

(c) who is of known dishonesty or intemperance, or in the opinion of the District Superintendent is otherwise unfit to hold that licence;

(d) who, having held such a licence, has had such licence cancelled; or (e) unless that person produces to the District Superintendent a written notification

from the Local Authority to the effect that such Local Authority has no objection to the issue of such licence, or unless he produces evidence that he has without success endeavoured to obtain a decision from the Local Authority regarding the subject.

PERMIT REQUIRED TO ACT AS AN ITINERANT MUSICIAN

121. A person shall not use any musical instrument upon any road unless he is the holder of a permit issued by the District Superintendent authorising him to act as an itinerant musician:

Provided that it shall be a condition of every such permit that such person shall not use such musical instrument upon any road within a traffic area.

AMPLIFICATION OR REPRODUCTION OF WORDS, MUSIC, &c. 122. A person shall not, unless he is the holder of a permit issued by the District

Superintendent or Superintendent authorising him so to do, amplifY or reproduce any words, music, or other sound whatsoever by means of any electrical or other mechanical appliance, apparatus, or device-

(a) upon any road; or (b) in or on any place (other than a road) under such circumstances that such

amplification or reproduction would cause or be likely to cause persons to gather upon a road to the danger, inconvenience, hindrance, annoyance or obstruction of persons or other traffic upon such road.

MEETINGS

123. (1) A political, religious or other meeting shall not be convened, held or addressed upon any road unless and until a permit for such meeting has been obtained from the District Superintendent.

(2) A person desirous of convening, holding or addressing a political, religious or other meeting upon any road shall at least seven days prior to the date fixed for such meeting, unless the District Superintendent shall in his discretion agree to abridge such time, apply to the District Superintendent for a permit to hold, convene or address such meeting.

The District Superintendent may issue or refuse to issue a permit for such a meeting.

When the District Superintendent issues a permit for such a meeting he may define in such permit the time, date and part of the road to which such permit shall apply and any other conditions to be observed by the holder of such permit or by the persons attending or taking part in such meeting.

(3) The Superintendent may at any time prohibit the convening, holding or addressing of any meeting upon any road, whether a permit as hereinbefore provided has or has not been obtained in respect of such meeting, if, in his opinion, such meeting is likely to occasion a breach of the peace in or cause obstruction to the traffic upon such road.

(4) A person shall not upon any road convene, hold or address a meeting-(a) without first obtaining a permit from the District Superintendent authorising

him so to do; (b) for which a permit has been issued by the District Superintendent, if such

meeting is conducted other than under and in accordance with the terms and conditions of such permit;

(c) the convening, holding or addressing of which has been prohibited by the Superintendent.

As amended by regulations published Gazette 6 November 1967, p. 903.

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106 r. 124 REGULATIONS r.124

PERMIT REQUIRED FOR PROCESSION

124. (1) A procession (whether comprised of pedestrians or persons driving vehicles or animals or both pedestrians and such persons) for other than funeral purposes, shall not parade or pass along any road unless and until a permit to hold such procession has been obtained from the District Superintendent.

(2) A person desirous of holding a procession for other than funeral purposes upon the carriageway of any road shall at least fourteen days prior to the date fixed for such procession apply to the District Superintendent for a permit to hold such a procession.

A person desirous of holding a procession for other than funeral purposes upon a portion of a road other than the carriageway shall at least seven days prior to the date fixed for such procession apply to the District Superintendent for a permit to hold such procession.

The District Superintendent may issue or refuse to issue a permit to hold such a procession.

When the District Superintendent issues a permit to hold a procession he may define in such permit the time, date and the route to which such permit shall apply and any other conditions to be observed by the holder of such permit or by the persons taking part in such processiOn.

PROCESSION MAY BE PROHIBITED

(3) The District Superintendent or Superintendent may at any time prohibit the holding of a procession upon any road, whether a permit as hereinbefore provided has or has not been obtained in respect of such procession, if, in his opinion, such procession will occasion a breach of the peace in or cause obstruction to the traffic upon such road, or if for any other reason whatsoever it is, in the opinion of the Distict Superintendent or Superintendent, desirable that such procession should not be held.

(4) A person shall not upon any road-(a) hold a procession for other than funeral purposes unless he is the holder of

a permit issued by the District Superintendent authorising him so to do; (b) take part in a procession for other than funeral purposes unless a permit has

been issued by the District Superintendent to hold such procession; (c) hold or take part in a procession for other than funeral purposes for the

holding of which a permit has been issued by the District Superintendent if such procession is conducted other than under and in accordance with the terms and conditions of such permit;

(d) hold or take part in a procession the holding of which has been prohibited by the District Superintendent or Superintendent.

DRIVING THROUGH PROCESSION

(5) A person shall not drive or attempt to drive any vehicle through or otherwise interfere with or interrupt the progress of any authorised procession upon any road unless with the consent of and under the direction of a Police Officer.

(6)-(a) Where in pursuance of a permit issued under the provisions of subregulation

(2) of this Regulation a procession is being assembled or is being or is about to be held it shall be lawful for any Police Officer to remove from the assembly or procession-

(i) any person if it appears to such Police Officer that the presence in the procession of that person is or would be offensive to or inconsistent with the objects of the procession or any of such objects or is not desired by the holder of the said permit or by any person apparently acting under the authority of the holder of such permit;

(ii) any person if such Police Officer has been informed by the holder of such permit or by any person apparently acting under the authority of such

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r.125 REGULATIONS r. 126A 107

holder that the presence of the person firstmentioned in this subparagraph (ii) is or would be offensive to or inconsistent with the objects of such procession or any of such objects or is not desired by the holder of the said permit or by the person apparently acting under the authority of the holder of such permit.

(b) Any person who, having been removed from an assembly or a procession under the provisions of paragraph (a) hereof, thereafter takes part or attempts to take part in such assembly or procession shall be guilty of an offence.

Without limiting the generality of this subregulation a person shall be deemed to take part in an assembly or a procession within the meaning of this subregulation if such person is found on the carriageway of the road on which such procession is then being held or about to be held at a nearer distance than 50 metres from such assembly or procession.

As amended by regulations published Gazette 6 November 1967, p. 903; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59.

FUNERAL PROCESSIONS

125. (1) The Superintendent may at any time direct the diversion of funeral processions from any road.

Notice of intention to direct such diversion shall, if practicable, be published in one or more newspapers circulating within the locality to which such directions shall apply.

(2) A person shall not drive any hearse, mourning coach, carriage or other vehicle used for any purpose in connection with any funeral procession, upon any road in contravention of a direction given by the Superintendent under subregulation (I) of this Regulation.

(3) The driver of any vehicle upon any road shall not knowingly drive or attempt to drive such vehicle into or through or otherwise interfere with or interrupt the progress of any funeral procession.

ADVERTISING, PLACARDS, HANDBILLS, &c. 126. A person shall not-

(a) upon any road for the purpose of business advertising­(i) carry any advertisement, placard, board, notice or sign;

(ii) throw or distribute any handbill or other printed or written matter; or (b) in respect of a vehicle on which or alongside of which an advertisement is

being displayed, drive, or permit to be driven, that vehicle on a road or cause or permit that vehicle to stand on a road in such circumstances that the primary purpose for which the vehicle is being driven or stood at the material time is business advertising,

unless he is the holder of a permit issued by the District Superintendent authorising him so to do and unless he complies in every respect with the terms and conditions of such permit:

Provided that this Regulation shall not apply to any person taking part in a procession for other than funeral purposes for the holding of which a permit has been issued by the District Superintendent.

In this Regulation the·term "business advertising" includes advertising for a single event, financial venture, fete, stall or sale.

Without limiting the liability of any other person where an offence is committed in relation of a breach of clause (b) of Regulation 126, the person who at the time of the commission ofthe breach was the owner of the vehicle shall be deemed to have committed that offence and may be proceeded against and shall be punishable accordingly.

As amended by regulations published Gazette 6 November 1967, p. 903; amended regulation 126 substituted by regulations published Gazette 22 October 1983, p. 742.

126A. A person shall not upon any road for any purpose (not being the purpose of business advertising) throw or distribute any handbill or other printed or written matter

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108 r. 126B REGULATIONS r.l28

unless he is the holder of a permit issued by the District Superintendent authorising him so to do and unless he complies in every respect with the terms and conditions of such permit:

Provided that this Regulation shall not apply to any person taking part in a procession for other than funeral purposes or attending any political, religious or other meeting for the holding of which a permit has been issued by the District Superintendent.

Inserted by regulations published Gazette 6 November 1967, p. 903.

126B. A person shall not upon any road for any purpose other than business advertising carry any placard, board, notice or sign-

(a) of a size exceeding 610 millimetres in width and 610 millimetres in length; or

(b) which is constructed, framed or supported by any rigid material other than cardboard,

unless he is the holder of a permit issued by the District Superintendent authorising him so to do and unless he complies in every respect with the terms and conditions of such permit.

Provided that this Regulation shall not apply to any person taking part in a procession for other than funeral purposes for the holding of which a permit has been issued by the District Superintendent.

Inserted by regulations published Gazette 6 November 1967, p. 903; as amended by regulations published Gazette 17 May 1969, p. 309; 22 June 1974, pp. 1116-20; 29 November 1975, pp. 1255-59; 26 May 1979, p. 706.

RECONSIDERATION OF DECISION BY DISTRICT SUPERINTENDENT OF TRAFFIC

127. In this Regulation "licence" does not include a permit to convene, hold or address a political, religious or other meeting on any road or a permit to hold a procession on any road.

Any person who, being the holder of or an applicant for a licence, feels aggrieved by the refusal or failure of the District Superintendent or Superintendent to issue or renew that licence or by any condition or limitation imposed therein, may request such District Superintendent or Superintendent, as the case may be, to reconsider the matter.

Upon such a reconsideration the aggrieved person or his representative shall be entitled to be heard and the District Superintendent or Superintendent, as the case may be, having regard to the whole facts of the case, including further information supplied by or on behalf of the aggrieved person, may either affirm or alter the previous decision made in the matter and may take such action as is necessary to give effect to the decision which is made upon such reconsideration.

Any person who, being the holder of or an applicant for a licence, is aggrieved by the failure of a District Superintendent or Superintendent to issue or renew a licence or by any condition or limitation imposed therein and who is still aggrieved after having sought reconsideration of the matter by the District Superintendent as hereinbefore in this Regulation provided, may appeal against such failure, condition or limitation to justices whose decision, notwithstanding the provisions of The Justices Acts, 1886 to 1960, shall be final and binding and without appeal.

As amended by regulations published in Gazette 19 September 1977, p. 239.

DURATION AND RENEWAL OF LICENCE

128. (1) Subject to the Act and these Regulations, unless otherwise expressly stated in the licence every licence (other than a driver's licence) and every renewal thereof shall, unless it is sooner suspended, cancelled or surrendered under the Act or these Regulations or under any other Act or law, be in force for twelve months from and including the date of issue or renewal, as the case may be:

Provided that in the case of a licence being suspended for a period less than that portion of such period of twelve months remaining at the date of the commencement of

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r.129 REGULATIONS r. 132 109

such period of suspension, such licence, upon the termination of that period of suspension, shall only be in force until the date when it would have expired if it had not been so suspended.

(2) For the purpose of this Regulation the day immediately following the date on which the licence or next previous renewal thereof, as the case may be, expired, shall, subject to the next succeeding subregulation be deemed to be the date of the renewal of any licence renewed under the Act and these Regulations.

(3) Where a licence (other than a driver's licence) is renewed subsequent to the date of expiry of the licence or next previous renewal thereof, as the case may be, the renewal of the licence shall come into force on the date of such subsequent renewal but shall expire on the date on which it would have expired had it been renewed prior to the date of expiry of the licence or next previous renewal thereof, as the case may be.

( 4) A licence shall not be renewed if a period of twelve months has elapsed from the date of expiry of such licence.

(5) The renewal of a licence shall be in the form provided for a new licence and shall be clearly marked with the words "Renewal of Licence No. " or "Renewal of Permit No ..... ",as the case may be.

LICENCE TO BE CARRIED AND/OR PRODUCED

129. (Repealed).

Repealed by regulations published Gazette 3 February 1968, p. 556.

DESTRUCTION OR MUTILATION OF LICENCE

130. A person shall not wilfully deface, mutilate or destroy a licence.

LICENCE LOST, STOLEN, &c.

131. (I) Whenever a licence other than a driver's licence is lost, stolen, destroyed, mutilated, defaced, or mislaid, or cannot be found, or whenever the particulars upon a licence other than a driver's licence become illegible, the licensee shall forthwith forward written notification thereof to the Superintendent.

DUPLICATE LICENCE

(2) A licensee whose licence is lost, stolen, destroyed, mislaid, defaced, or mutilated, or cannot be found, or upon which the particulars have become illegible may apply in writing to the Superintendent or in the case of a driver's licence to the Commissioner for Transport for the issue of a duplicate licence and the Superintendent or the Commissioner for Transport as the case may be may upon proof of the facts to his satisfaction by a statutory declaration or otherwise and upon payment of the prescribed fee cause to be issued in lieu of such licence a duplicate licence which, upon issue, shall become for all the purposes of the Act and these Regulations the licence of the person named therein.

(3) A duplicate licence shall be in accordance with the form prescribed for a new licence and shall be clearly marked with the words "Duplicate issued in lieu of Licence No. " or "Duplicate issued in lieu of Permit No. " as the case may be. Upon the issue of a duplicate licence to any person the prescribed particulars endorsed .or required to be endorsed on any previous licence of that kind, class or description held by him shall be made on the duplicate licence. Upon the issue of a duplicate licence the previous licence as aforesaid shall become null and void and the duplicate licence shall be valid for all purposes and uses for which the original licence would have been valid.

As amended by regulations published Gazette 14 February 1976, p. 563.

DELIVERY OF EXPIRED LICENCE

132. When any licence has expired or has become null and void any Police Officer may seize and take possession thereof.

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110 r.133 REGULATIONS r.134A

VOLUNTARY SURRENDER OR CANCELLATION OF LICENCE

133. A licensee may by written notification addressed and delivered to the Superintendent, surrender any licence, or request the cancellation of such licence. Such licence shall, if in the possession of such licensee, be forwarded to the Superintendent with such written notification.

SUSPENSION OR CANCELLATION OF LICENCE

134. (1) The Superintendent may at any time, by notice in writing, call upon any person who is the holder of a licence to attend at the place and time set out in such notice and to produce such licence and to show cause why such licence should not be suspended or cancelled if such Superintendent is of the opinion that such licence should for any reason be suspended or cancelled.

(2) Without limiting the generality of the authority given by subregulation ( 1) of this Regulation to call upon a licensee to show cause why a licence should not be suspended or cancelled, in the case of a driver's licence the Superintendent may so call upon the licensee if such licensee-

( a) has, in the opinion of such Superintendent, any mental or physical disability likely to affect his efficiency in driving upon any road any motor vehicle which he is authorised by that licence to drive upon that road, having regard to the safety of the public generally;

(b) is, in the opinion of such Superintendent, otherwise not fit to drive upon any road a motor vehicle which he is authorised by that licence to drive upon that road, or if, in the opinion of such Superintendent,. having regard to the safety of the public generally, it is not desirable that such person should be authorised to drive that motor vehicle upon that road;

(c) has in Queensland or elsewhere been convicted of an offence in connection with the driving of a motor vehicle;

(d) gave a false name or address or other information or particulars which were false or misleading, when applying for the issue of such driver's licence.

(3) At the time and place specified in any such notice as aforesaid a Superintendent shall make full inquiry into the matter whether such licensee shall have attended or not, and shall report thereon to the District Superintendent.

(4) The District Superintendent upon receipt of such report from such Superintendent may by order suspend or cancel such licence or direct that such licence be modified by imposing any condition he may determine and thereupon an endorsement of the restricted effect of such licence shall be made thereon by the District Superintendent or Superintendent and such licence shall have effect subject to any and every such restriction.

(5) The District Superintendent may, by endorsement upon a licence, revoke or modify any suspension or condition imposed by him in respect of such licence.

(6) Every suspension or cancellation of a licence shall be endorsed upon such licence.

(7) When a licence has been cancelled or suspended by order of the· District Superintendent, notice of such cancellation or suspension shall be served on the person to whom such licence was issued.

As amended by regulation published Gazette 2 March 1968, p. 903.

DELIVERY OF CANCELLED OR SUSPENDED LICENCES, OR LICENCES FOR ENDORSEMENT

134A. Where any licence is or is deemed to be cancelled or suspended or is required for the purpose of making an endorsement under the Act or these Regulations the licensee shall forthwith deliver that licence to the Superintendent who is the officer in charge of the Police Station in the Police Division in which the address of the licensee, as indicated on the licence in question, is situated.

Heading inserted by regulations published Gazette 22 July 1967, p. 1351.

Reg. 134A substituted by regulations published Gazette 27 November 1971, pp. 1475-7.

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r.135 REGULATIONS r.138 Ill

EFFECT OF CANCELLATION OR SUSPENSION OF LICENCE

135. Unless otherwise provided under the Act-(a) cancellation or suspension of a licence shall take effect-

(i) subject to subsection (3a) of section 57 of the Act, in the case of automatic cancellation-forthwith upon the happening of the event which causes such cancellation;

(ii) in any other case-upon the service of the notice referred to in Regulation 134 (7) hereof ..

(b) a licence shall cease to have any force or effect-(i) in the case of cancellation-from the time that cancellation thereof takes

effect; (ii) in the case of suspension-from the time that suspension thereof takes

effect for so long as such suspension remains in force; (iii) in respect of a written notification specified in Regulation 133-from the

time of receipt of that notification by the Superintendent.

PRODUCTION AND SEIZURE OF LICENCE

136. (1) The Superintendent may by written notice to a licensee, demand that the licence of such licensee be delivered to a specified person or officer at a specified place and on or before a specified time, date or event and such licensee shall on or before the time, date or event so specified, deliver the said licence to the person or officer and at the place so specified. Any such demand may be contained in a notice served in pursuance of Regulation 134 (7) hereof.

SEIZURE OF LICENCE

(2) If any Police Officer suspects that an offence has been committed in respect of any licence produced to him or that such. licence is required for the purpose of having an endorsement made thereon such Police Officer may seize and retain such licence until-

(a) any investigation involving such licence has been completed; (b) any required endorsement has been made on such licence; or (c) such licence has been produced in any proceedings in which its production

may be required.

ENDORSEMENTS UPON A LICENCE

137. When the Superintendent is satisfied that any person who has applied to him for a driver's licence or any licensee has been disqualified from obtaining or holding a driver's licence or convicted of any offence in connection with or arising out of the driving of a motor vehicle, such Superintendent may endorse upon a driver's licence which he issues to such person or which is held by or issued to such licensee, as the case may be, particulars of any such disqualification or conviction.

CHANGE OF NAME OR ADDRESS

138. (I) Every licensee shall within twenty-eight days after change of his name or address give written notice thereof to the Superintendent and shall produce his licence to the Superintendent who shall, on being satisfied with the correctness of the information supplied by the licensee concerning such change of name or address endorse upon such licence-

( a) the licensee's correct name or address; (b) the date upon which such endorsement is made; (c) the name of the city or other locality where such endorsement is made.

(2) Every endorsement made upon a licence pursuant to this Regulation shall carry the usual signature and designation of the Superintendent making such endorsement.

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112 r. 139 REGULATIONS r.140

LICENSEE TO ATTEND WHEN NOTIFIED

139. The Superintendent may by notice in writing call upon any licensee to attend at the Office of such Superintendent and such licensee shall at all reasonable times upon receiving such notice in all respects comply with the terms of the notice.

PART 17

TRAFFIC OFFENCES

Heading substituted by regulations published Gazette 7 August 1965, pp. 1825-6 (as from 16 August 1965).

140. (1) For the purposes of the Act and this Part of these Regulations, the offences referred to hereunder shall be traffic offences in respect of which a notice may be given to an offender or affixed to a vehicle advising that a prescribed penalty may be paid within twenty-one days from the date when the notice is given or affixed for any such offence without involving court proceedings, and the sums of money which shall be so payable by way of penalties in respect of such offences shall be as indicated herein-

OFFENCE

Parking, stopping or standing of vehicles

(a) Any offence of parking, stopping or standing a vehicle in contravention of any provision of Regulation 54, 55 (other than an offence against paragraph (f), (k), (1), or (m) thereof), 56 or 57 of these Regulations, or any offence of parking or stopping a vehicle in contravention of

PENALTY $

any provision in Section 12F of the Act 5

(aa) Any offence against any provision of paragraph (f) of Regulation 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

(ab) Any offence against any provision of paragraph (k) of Regulation 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

(ac) Any offence against any provision of paragraph (1) of Regulation 55 . . . . . . . . 30

(ad) Any offence against any provision of paragraph (m) of Regulation 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

(ae) Any offence of standing a vehicle in contravention of any provision in Section 12F of the Act . . . . . . . . 20

Construction and equipment of vehicles

(b) Any offence committed by the owner of a vehicle in contravention of any provision in Regulation 68 (1) of these Regulations-

Divisions 1 to 3 of the Schedule to Part 13 of these Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Division 4 of the Schedule to Part 13 of these Regulations 6 Division 5 of the Schedule to Part 13 of these Regulations 2

(c) Any offence committed by the driver of a vehicle in contravention of any provision in Regulation 68 (1) of these Regulations-

Divisions 1 to 3 of the Schedule to Part 13 of these Regulations 15

Division 4 of the Schedule to Part 13 of these Regulations 6

Division 5 of the Schedule to Part 13 of these Regulations 2

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r.140 REGULATIONS r.140113

OFFENCE

Other Offences (d) Any offence in contravention of any provision of section 39 (2) (b)

of the Act ................................. .

(e) Any offence in .contravention of any provision of the following Regulations:-

11 (1) (a)-Offence committed by owner or driver of a vehicle -Offence committed by other than owner or driver of

a vehicle 11 (1) (b) .. 18 .. 20, 21 22 23 24 25 26 27 28 29 .. 30 31 32 . . . ... 32A, 32B, 32C . . . . . . . . . . . . 34, 34A, 35, 36, 36A, 37, 38 (1), 38 (2) 38 (3) . . . . . . 39 (1) . . . . . . 39 (2), 39 (3) . . . . 40, 41, 42 . . . . . . . . . . . . . . . . 43, 44, 45 .. 46, 46A, 47 48 .. 49 ..... . 50, 51, 52 ............. .

where maximum speed limit is exceeded by less than 15 km/h ....... .

where maximum speed limit is exceeded by 15 km/h or more but less than 30 km/h . . . . . . . . . . . . . . . . . . . . . .

where maximum speed limit is exceeded by 30 km/h or more ....

57A.. . . . . . . 68 (2), 68 (4) . . . . 68 (6), 68 (7), 69 .. 70 71 .. 72 73, 73A, 74 75, 75A, 76 77 .. 78 . . . . . . . ........ . 79, 80 ............. . 81, 82, 83, 84 .. 85 86 87 88

PENALTY

$

15

30

10 30 40 50 40 50 30 40 30 40 30 40 90 30 70 30 40 20 60

100 5

40 30 40 30

30

60

90 30 20 30 5

30 6

20 40 30 40 10 40 10 40 15 30

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114r.140 REGULATIONS

OFFENCE

Other Offences-continued

89 . . . . 90-motor vehicle

-other vehicle 90A, 90c .. 90B, 90D .. 93, 94 ......... . 96, 97, 98 (1), 98 (2), 99 100, 101, 102 ... . 109 (4) ....... . 109 (5), 109 (6), 109 (7) 1 lOA 115 . . . . . . 117 (2), 118, 119 . 121 .. 122, 123 . . . . 124, 125 126, 126A, 126B 130 ....... . 131 (1). 134A .. 138 (1), 139 141 . 143 .. 144 .... 144A, 144B 145 .. 146 .. 147 (1). 147 (2) . . . . 148, 149, 150, 151 (1) 151 (2). . . 152 ( 1 ), 152 (2) .. 153 . 154 . 155 (a) .... 155 (b).. . . 156 (1), 156 (2), 156 (3) 156 (5) .. 157 (1) .. 157 (2) .. 158 ..... . 159, 159A 160 .. 163 .. 164 (10) 184 ..

r.140

PENALTY

$

40 40

5 20 40 10 2

10 10 30 15 5

20 5

10 30 6

25 10 40 10 40 20 40

100 40 30 15 20 30

6 30 2

10 6 2

30 10 30 6

15 40 20 10 6

40

(2) In any proceedings in respect of a matter for which a notice has been given under this Regu1ation-

(a) proof of payment of the prescribed penalty may be given by the production of a receipt purporting to be issued by or on behalf of whatever officer is the appropriate officer in accordance with subregulation (1) of Regulation 142;

(b) proof of payment or non-payment of the prescribed penalty may be given by the production of a certificate purporting to be signed by whatever officer is the appropriate officer in accordance with subregulation ( 1) of Regulation 142 that the prescribed penalty was or was not paid on or before any relevant date.

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r.141 REGULATIONS r.142 115

(3) A receipt or certificate referred to in subregulation (2) shall be, in the absence of proof to the contrary, conclusive evidence that-

(a) the person purporting to sign the receipt or certificate had authority to do so; and

(b) according to the certificate, the prescribed penalty was or was not paid as the case may be on or before any relevant date.

Substituted by regulations published Gazette 7 August I965, pp. I825-6 (as from I6 August I965); as amended by regulations published Gazette 20 December I969, pp. I775-6 (as from I9 January I970); I9 December I970, p. I557 (as from I January I971); 27 November I971, pp. 1477-8 (as from I January I972); 22 June I974, pp. 11I6-20; 2I September I974, p. 290; 2I December I974, pp. I595-6; 24 May I975, p. 660; 3 July I976, p. 1354; 5 August I978, pp. I595-I604; 11 October I980, p. 711; I November I980, p. 1046; 20 December I980, p. I613; substituted by regulations published Gazette 22 August I98I, p. 2647 (as from I October I98I); II December I982, p. I734; 6 August I983, pp. 2011-3; 5 May I984, p. I74; 11 August I984, p. 2099; I September I984, pp. 75-6; 22 September I984, pp. 410-3 (asfrom I December I984); I3 July I985, pp. I8I6-7; 24August I985, p. 2482; I February I986, pp. 406-9; 10 May I986, pp. 582-6 (as from I June I986); I9 July I986, pp. 2I85-9; 20 December I986, p. 2423.

Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of I965.

NOTICE OF ALLEGED OFFENCE

141. A person, other than the owner or person in charge of a vehicle shall not remove, deface, or interfere with a notice issued in pursuance of the provisions of section 44F of the Act as applied by section 45A thereof and affixed to a vehicle.

Substituted by regulation published Gazette 7 August I965, pp. I825-6 (as from I6 August I965).

142. (!) For the purpose of applying subsection (!) of section 44F of the Act to offences prescribed under Regulation 140, reference in that subsection (1) to the Town Clerk or officer nominated in that behalf shall be read as reference to-

( a) Where the offence is detected in the Magistrates Courts District of Brisbane­The Secretary, Department of Transport, Brisbane; or

(b) Where the offence is detected in a Magistrates Courts District other than the Magistrates Courts District of Brisbane-the Clerk of the Court of the District in which the offence is detected, or if there is more than one Court in such District, the Clerk of the Court in that District nearest to the place where the Police Officer detecting the offence is stationed, or if the Police Officer detecting the offence is stationed in some other Magistrates Courts District, the Clerk of the Court of the District in which the offence is detected and nearest to where the offence is detected.

(2) For the purpose of applying subsection (2) of section 44F of the Act to offences prescribed under Regulation 140, reference in that subsection (2) to the Town Clerk shall be read as reference to a District Superintendent or Superintendent.

(3) For the purpose of applying subsection (1) of section 44G of the Act to offences prescribed under Regulation 140-

(a) Reference in that subsection (I) to the Town Clerk or officer nominated in that behalf shall· be read as reference to-

(i) Where the offence is detected in the Magistrates Courts District of Brisbane­The Secretary, Department of Transport, Brisbane; or

(ii) Where the offence is detected in a Magistrates Courts District other than the Magistrates Courts District of Brisbane-the Clerk of the Court of the District in which the offence is detected, or if there is more than one Court in such District, the Clerk of the Court in that District nearest to the place where the Police Officer detecting the offence is stationed, or if the Police Officer detecting the offence is stationed in some other Magistrates Courts District, the Clerk of the Court of the District in. which the offence is detected and nearest to where the offence is detected.

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116 r. 143 REGULATIONS r.144

(b) Reference in that subsection (I) to the Town Clerk or of any other person authorised by him shall be read as reference to a District Superintendent or Superintendent.

(4) For the purpose of applying subsection (2) of section 44G to offences prescribed under Regulation 140, reference in that subsection (2) to the Town Clerk shall be read as reference to-

(a) Where the offence is detected in the Magistrates Courts District of Brisbane­The Secretary, Department of Transport, Brisbane; or

(b) Where the offence is detected in a Magistrates Courts District other than the Magistrates Courts District of Brisbane-the Clerk of the Court of the District in which the offence is detected, or if there is more than one Court in such District, the Clerk of the Court in that District nearest to the place where the Police Officer detecting the offence is stationed, or if the Police Officer detecting the offence is stationed in some other Magistrates Courts District, the Clerk of the Court of the District in which the offence is detected and nearest to where the offence is detected.

Substituted by regulations published Gazette 7 August 1965, pp. 1825-6 (as from 16 August 1965); as amended by regulations published Gazette 26 May 1979, p. 705; 18 August 1979, p. 2059.

PART 18

MISCELLANEOUS

LEAVING MOTOR VEHICLES UNATTENDED

143. A driver of a motor vehicle shall not permit it to stand unattended without first stopping the engine, locking the ignition, removing the ignition key, effectively applying the brake and, when the motor vehicle is standing upon any grade, turning the front wheels to the kerb or side of the carriageway nearer to the motor vehicle.

OBSTRUCTION

144. (I) The driver of a vehicle upon any road shall not-(a) wilfully obstruct, hinder, or prevent the free passage of any person, vehicle

or train; (b) move into or get out of any-

(i) line of vehicles proceeding upon such road; (ii) line or position occupied by vehicles waiting to proceed upon such road;

(iii) line or position fixed for vehicles by or pursuant to any Regulation or by any Police Officer,

in such a manner as to be likely to cause injury or danger to any person or to any vehicle upon such road.

(2) (a) In this subregulation the term "multi-laned road" means a road-(i) that has two or more lanes marked on the carriageway available for traffic

moving in the same direction; and (ii) that is outside a built-up area, or is in a built-up area and has a speed limit

greater than 60 kilometres per hour indicated by an official traffic sign upon that road;

(b) The driver of a motor vehicle upon any multi-laned road shall not drive the motor vehicle in a lane other than the left lane at a rate of speed which unreasonably delays the movement of other motor vehicles upon that road.

For the purposes of this subregulation the driver of a motor vehicle upon any multi­laned road who drives the motor vehicle in a lane other than the left lane at a rate of speed which is substantially less than the speed limit for that road shall be deemed to drive a motor vehicle at a rate of speed which unreasonably delays the movement of

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r.144A REGULATIONS r.146 117

other vehicles upon that road unless he proves that the rate of speed of the motor vehicle was reasonable having regard to all the circumstances at the time. Such circumstances shall include, but shall not be restricted to, the nature and condition of the road, the amount of traffic on the road, and the effect of any rain, fog, mist, dust or other conditions restricting visibility. ·

As amended by regulations published in Gazette 26 May 1979, p. 706.

DRINKING ALCOHOL FROM CONTAINER WHILE DRIVING

144A. The driver of a vehicle shall not co.nsume liquor from any container whilst driving such vehicle on any road.

Heading and Reg. 144A inserted by regulations published in Gazette 6 August 1983, pp. 2011-3.

144B. (I) A person shall not at any time between the hours of 7.00 a.m. and 6.00 p.m. Monday to Friday inclusive or between the hours of 7.00 a.m. and 12.00 noon on a Saturday drive a vehicle upon any road or any section thereof which is within the Area of the City of Brisbane and which is bounded by or forms a part of the boundary delineated by the roads specified in the Schedule to this regulation.

(2) For the purposes of subregulation (!), the term "vehicle" shall mean a motor vehicle equipped for the carriage of one or more motor vehicles and- ·

(a)-

(i) having two or more tiers of carrying capacity; and (ii) carrying a motor vehicle on a tier other than the lower or lowest tier as

the case may be; or (b) regardless of the number of tiers of carrying capacity, carrying a motor vehicle

which is positioned so as to be wholly or substantially higher than the roof of the control cabin of the vehicle.

Schedule to Regulation 144B Adelaide Street, between North Quay and Wharf Street; Wharf Street, between

Adelaide Street and Eagle Street; Eagle Street, between Queen Street and Mary Street; Mary Street, between Eagle Street and Felix Street; Felix Street, between Mary Street and Margaret Street; Margaret Street, between Felix Street and Edward Street; Edward Street, between Margaret Street and Alice Street; Alice Street, between Edward Street and William Street; William Street, between Alice Street and Queen Street; North Quay, between Queen Street and Adelaide Street.

Inserted by regulations published 24 August 1985, p. 2482.

ATTRACTING CROWD

145. A person shall not by speaking, shouting, singing, playing upon or sounding any musical or noisy instrument, or doing or displaying anything whatsoever, without a permit from the District Superintendent, attract together a number of persons upon a road to the inconvenience, annoyance or obstruction of any person or of traffic:

Provided that a person who displays goods in a window in the ordinary course of business shall not be liable to· a penalty under this Regulation if such display is immediately discontinued upon the request of the Superintendent or of a Police Officer at the direction of the Superintendent.

OPENING DOORS AND ALIGHTING FROM VEHICLES

146. (I) A person shall not-(a) open or leave open a door of a vehicle on a road; or (b) alight from a vehicle on to the carriageway of a road-

so as to cause danger to other persons using the road or so as to impede the passage of traffic.

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118 r. 147 REGULATIONS r.151

(2) Where an omnibus is fitted with a control whereby its door or doors may be opened and closed by the driver without leaving his driving position, the driver shall not open the door or doors until the omnibus is stationary and shall not set the omnibus in motion or allow it to continue in motion unless the door or doors are closed.

As amended by regulations published in Gazette 5 August 1978, pp. 1595-1604.

OBSTRUCTING ROADS

147. (I) A person shall not without the written permission of the District Superintendent drive or stand any vehicle on a road for the purpose of soliciting employment or business from the vehicle.

(2) A person shall not stand or place himself upon the carriageway of a road for the purpose of soliciting contributions, employment, business or a ride from an occupant of any vehicle.

CASTING OR THROWING THINGS UPON ROADS

148. A person shall not upon any road cast or drop anything from a moving vehicle so as to injure or be likely to injure any person or animal or damage or be likely to damage any property.

INTERFERENCE OR DAMAGE TO ROADS

149. A person shall not, without lawful authority, dig up, undermine or otherwise interfere with any road or use upon any road anything which may or would be likely to cause danger, obstruction, inconvenience, annoyance or injury to any person or animal upon such road.

149A. A person shall not, without lawful authority-

(a) make or paint any notice, sign, or mark on the surface of any carriageway; or

(b) construct, erect, or place any placard, board, notice, or sign in or on any carriageway.

Inserted by regulations published Gazette 13 March 1982, pp. 987-1003.

REMOVAL OF GLASS OR LOADING FALLING UPON ROAD

150. If, from any collision or other incident, any piercing substance such as broken glass, or any loading falls from any vehicle upon any road it shall be the duty of the driver of the vehicle, or, if there be more than one vehicle involved, the drivers of such vehicles, to remove or cause to be removed immediately such substance or loading from such road provided that the driver or drivers aforesaid is or are not physically incapacitated from such task by reason of such collision or other incident and, in the event of such driver or drivers being so physically incapacitated, the duty shall then devolve upon any person removing the vehicle or vehicles from the scene of the collision or other incident.

GOODS AND OTHER OBSTRUCTIONS UPON ROAD

151. (I) A person shall not-

(a) stack or store any goods or permit any goods to remain upon any road for a longer period than is necessary for housing or removing such goods and not in any case before sunrise or after sunset on any day;

(b) place or cause to be placed any rope, wire, or other apparatus across a road in such a manner as to cause or be likely to cause danger to any person using such road;

(c) place or cause to be placed upon any road anything whatsoever to the obstruction or danger of any person or of traffic.

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r. 152 REGULATIONS r.154 119

(2) A person shall not upon any road-

OBSTRUCTION BY PERSON SELLING GOODS

(a) sell or offer for sale or solicit in any manner the purchase of any goods so as to cause obstruction to any person or to traffic upon such road;

PLAYING GAMES

(b) play or take part in any game;

CARRYING OFFENSIVE, &c., ARTICLES

(c) carry any article or substance of an offensive or indecent character or of such length or dimensions as to be an inconvenience, obstruction or danger to any person or to traffic upon such road;

CARRY WHIP

(d) carry a whip or other object or article in such a manner as to be likely to strike any person;

CRACK OR USE WHIP

(e) crack or use a whip so as to annoy, interfere with or endanger any person, or so as to frighten or interfere with any animal other than any animal which he is using;

DISCHARGING FIREARM, FIREWORKS, OR THROWING MISSILE, &c. (f) discharge any firearm or throw or discharge any stone or other missile or

make any bonfire or throw or set fire to any firework.

DANGEROUS OBJECTS ON ROADS

152. (I) A person shall not upon any road roll, carry or transport any matter, substance or thing in such a manner as to be a danger to traffic or property.

(2) A person shall not place any blind, shade, covering, awning, or other projection over or along any footway unless such blind, shade, covering, awning or other projection is at least 2.4 metres in height in every part from the surface of the road.

As amended by regulations published Gazette 22 June 1974, pp.1116-20; 29 November 1975, pp. 1255-59.

BOARDING AND ALIGHTING FROM VEHICLES

153. (I) A person, other than a Police Officer or a tramway employee on duty, shall not upon a road board or alight from a tramcar while it is in motion, and a person shall not upon a road alight from or board any other vehicle which is in motion.

(2) A person shall not board or alight from a tramcar elsewhere than from the left side thereof.

PASSENGERS UPON OMNIBUSES

154. (I) A person shall not ride upon any part of an omnibus which is not designed or intended for the carriage of passengers:

Provided that this Regulation shall not apply to any Police Officer or to any person employed upon or in connection with such omnibus.

(2) A person who brings onto an omnibus a container shall keep the container and its contents under his control whilst he is on the omnibus and shall take the container and its contents with him when he alights.

As amended by regulation published Gazette 5 August 1978, pp. 1595-1604.

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120 r. 155 REGULATIONS

PASSENGERS UPON TRAMCARS

155. A passenger upon a tramcar shall not-

r.159

(a) carry or place any loaded firearms or explosive substance or inflammable matter in or upon such tramcar;

(b) stand upon the platform used by the motorman of such tramcar: Provided that sub-paragraph (b) of this Regulation shall not apply to a Police Officer

or to a tramway employee when on duty.

PASSENGER NOT TO BE CARRIED OUTSIDE VEHICLE

156. (l) A person shall not be upon the outside of any vehicle being driven upon any road.

(2) A person shall not occupy any portion of the driver's seat on the right side of the driver of any vehicle upon any road.

(3) A person shall not upon any road drive any vehicle while any person is upon the outside of such vehicle, or while any person occupies any portion of the driver's seat on the right side of such firstmentioned person.

(4) Without limiting the generality of the foregoing provisions of this Regulation a person shall be deemed to be upon the outside of a vehicle if he is upon the hood, bonnet, mudguard, running board, bumper-bar, or luggage carrier of such vehicle.

(5) A person shall not ride or travel in or upon a motor vehicle in such a position that any part of his body or limbs-

( a) is upon or in contact with any external step or footboard of the vehicle; (b) extends or protrudes beyond or through any external door, window or other

opening of the vehicle; or (c) extends or protrudes beyond or hangs over any side, or the front, rear or any

other external portion of the vehicle: Provided that this subregulation shall not affect the giving of any signals authorised

or prescribed by these Regulations.

DRIVING ABREAST

157. (I) A person shall not upon a road drive a vehicle abreast of any other vehicle being driven in the same direction as the firstmentioned vehicle upon that road: Provided that this subregulation shall not apply-

(a) Upon a one-way carriageway; (b) Where a vehicle is driven for a reasonable distance abreast of another vehicle

for the purpose of passing; (c) Where a vehicle in one traffic lane is driven abreast of another vehicle in

another traffic lane; (d) To the riding of a bicycle abreast of not more than one other bicycle; (e) To the riding of bicycles upon a carriageway set aside exclusively for bicycles.

(2) A person shall not upon the carriageway of any road ride a horse abreast of more than one other horse being ridden in the same direction as the firstmentioned horse upon that carriageway.

Substituted by regulations published Gazette 13 April 1963, p. 1620.

DRIVING BACKWARDS

158. A person shall not drive a motor vehicle in reverse on a carriageway­(a) unless he can do so with safety; (b) for a greater distance than is reasonable having regard to the circumstances.

DRIVING ON FOOTWAY OR RESERVATION

159. (I) A person shall not drive a vehicle upon a footway except when driving directly across such footway for the purpose of entering or leaving a private driveway,

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r. 159A REGULATIONS r. 159A 121

loading dock, or other place provided for access of vehicles between a road and any adjacent premises or place.

(2) If a road includes two or more separate carriageways divided by a reservation or reservations, a driver shall not cross from one carriageway to another except at a place improved, designed or ordinarily used for vehicular traffic. ·

(3) Notwithstanding the provisions of subregulations (I) and (2) hereof, an employee of the Australian Postal Commission may ride a bicycle, moped or a motor cycle upon a footway or reservation -if but only if-

(a) the driver thereof is actually engaged in the delivery of postal articles; (b) the engine capacity of any motor cycle does not exceed 110 millilitres; (c) the moped or motor cycle is not driven at a rate of speed greater than 7

kilometres per hour; (d) the driver takes reasonable precautions to avoid collision with, and drives in

such a manner as not to cause danger or obstruction to, any person or thing upon such footway or reservation; and

(e) the driver takes the shortest practicable route from the carriageway to the point of delivery and the shortest route from the point of delivery to the carriageway after· such delivery is made.

As amended by regulations published 6 August 1983, pp. 2011-3.

BICYCLES ON SEGREGATED FOOTWAYS, SHARED FOOTWAYS, BICYCLE PATHS AND BICYCLES LANES

159A. (1) (a) Wherever a bicycle lane is provided on a carriageway and is in reasonable condition for use, a rider of a bicycle or tricycle travelling along that carriageway shall, where practicable, use that bicycle lane.

(b) A person riding a bicycle or tricycle upon a bicycle lane shall not permit any part of his vehicle to cross a line marked upon the carriageway to separate such bicycle lane from any other portion of the carriageway unless-

(i) it is safe to do so; and (ii) the person has signalled his intention to do so as required by these Regulations.

(c) A person riding a bicycle or tricycle upon a bicycle lane shall travel only in the direction of the traffic flow in the adjacent lane unless the contrary is indicated by an official traffic sign.

(2) A person riding a bicyle or tricycle upon a bicycle lane or bicycle path shall keep his vehicle as close as practicable to the left boundary of such bicycle lane or bicycle path.

(3) When overtaking a moving vehicle upon a bicycle lane or path, a person riding a bicycle or tricycle shall-

(a) pass to the right of that vehicle at a safe distance unless the vehicle to be overtaken is making or apparently about to make a right hand turn, in which case the person riding the bicycle or tricycle may pass to the left thereof and shall not pass to the right thereof;

(b) indicate his intention to overtake as prescribed in Regulation 45 of these Regulations;

(c) not ride in front of the vehicle overtaken until his bicycle or tricycle is safely clear.

(4) A person riding a bicycle or tricycle on a segregated footway shall not ride that bicycle on the portion of the footway which corresponds to the side of the segregated footway sign applicable to the rider's direction of travel on which a symbol of a person is depicted.

(5) A person riding a bicycle or tricycle upon a shared footway shall give way to any pedestrian entering or upon that shared footway.

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122 r. 159B REGULATIONS r. 161

(6) A person riding a bicycle or tricycle upon a shared footway, segregated footway or bicycle path shall, when passing a bicycle travelling in the opposite direction, keep left of that bicycle or tricycle.

Heading and regulation inserted by regulations published Gazette 10 May 1986, pp. 582-6 (as from 1 June 1986).

159B. (1) Notwithstanding the provisions of Regulation 159-(a) a person pushing or pulling a wheelchair carrying an incapacitated person

upon a road; (b) an incapacitated person using a wheelchair, whether the means of propulsion

thereof be manual, mechanical, electrical or any other means whatsoever, and causing that wheelchair to travel upon a road,

shall, subject as is otherwise provided in this Regulation, use a footway.

(2) (a) Where no footway exists, or where it is unfit for use, the wheelchair may be propelled along the carriageway if it is kept as close as is practicable to the left hand boundary of the carriageway.

(b) When it is required that the wheelchair cross a carriageway from one side to the other, the wheelchair shall be propelled as nearly as it is practicable by the most direct route available.

(3) A person to whom this Regulation applies shall-(a) ensure that the wheelchair does not travel at a speed in excess of 7 kilometres

per hour; and · (b) exercise proper care for the safety and welfare of pedestrians and other road

users. (4) For the purposes of this Regulation-

( a) "wheelchair" means a chair on wheels designed and intended for the move­ment of an incapacitated person from one place to another;

(b) "incapacitated person" means, with respect to the user of a wheelchair which is propelled by means of an internal combustion motor or electric motor, a person bearing a current medical certificate from a medical practitioner stating that the person's state of health necessitates the use of a wheelchair.

Inserted by regulations published Gazette 19 July 1986, pp. 2185-9.

RIDING IN TRAILERS

160. (I) A person shall not drive a vehicle towing a trailer including a caravan trailer while any person is in the trailer.

(2) A person shall not ride in a trailer including a caravan trailer while it is being towed.

Heading substituted by regulations published Gazette 5 August 1978, pp. 1595-1604.

Reg. 160 substituted by regulations published Gazette 5 August 1978, pp. 1595-1604.

REGISTER OF MOTOR VEHICLES REPAIRED OR PAINTED

161. For the purposes of section 58 of the Act-(a) the register required to be kept shall be deemed to be in the prescribed form

and to contain the prescribed information if there are inserted therein particulars as to name and address of occupier of garage or premises where repairs or painting are carried out; name and address of owner of motor vehicle and person leaving motor vehicle repaired or repainted; date and time such motor vehicle received; particulars of such motor vehicle, including registered number, make and model, colour, engine number (old and new numbers if engine changed), and chassis number (if readily available), and nature of repairs or painting, including colour of painting.

(b) the term "repairs" shall mean the repairing, renovating, or replacing of any part of a motor vehicle which has or may have been damaged as a result of

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r.162 REGULATIONS r. 164 123

a collision between such vehicle and any other vehicle or any person, or any train or other property;

(c) the term ;•painting" shall mean the painting of any part of a motor vehicle which has or may have been damaged as a result of a collision between such vehicle and any other vehicle or any person, or any train or other property. The term shall also include any other painting which alters the description of a vehicle.

CAR MINDERS

162. (I) The Superintendent may by notice in writing under his hand addressed to and served upon any person, prohibit such person from parking, minding, caring for, or taking charge of any motor vehicle (other than a motor vehicle of which such person is the driver) upon any road, or from offering his services for any such purpose.

(2) A person upon whom any such notice has been served shall not upon any road, park, mind, care for, or take charge of a motor vehicle, other than a motor vehicle of which he is the driver, or offer his services for any such purpose. ·

(3) Nothing in this Regulation shall authorise the Superintendent to prohibit the proprietor of a parking station or parking area from parking, minding, caring for, or taking charge of a motor vehicle in or upon any parking station or parking area or from offering his services for any such purpose, whether by the display or publication of any advertisement in relation to such parking 'station or parking area, or otherwise, and whether the services are performed or offered to be performed by such proprietor or by an employee of the proprietor.

QUEUES

163. Any queue on any road may be prohibited or controlled by any Police Officer, and any person who disobeys or causes any person to disobey the direction of any Police Officer in relation to any such prohibition or control shall be guilty of an offence.

SCHOOL PATROLS AND SUPERVISORS

164. (I} For the purpose of assisting, directing and supervising on their way to or from school the children attending any school the District Superintendent may, by the issue of an authority in writing, authorise-

(a)-

(i) the principal for the time being of any school to appoint pupils of such school or other persons; or

(ii) any person to appoint other persons,

to act as school patrols;

(b) any person to act as a school crossing supervisor, for the purposes of these regulations at such school crossings as may be specified in such authority.

(2) Such authority-

(a) shall not authorise any person to establish or act as a school patrol or school crossing supervisor at any school crossing or place not specified in the authority;

(b) may at any time be withdrawn by the District Superintendent by the giving of written notice to the holder thereof; and

(c) may be surrendered at any time by the holder thereof.

(3) Any pupil or other person appointed to act as a school patrol shall not be deemed to be in the employment of the Commissioner, the Commissioner for Transport, District Superintendent or other Police Officer.

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124 r. 165 REGULATIONS r. 166

(4) It shall be the duty of a school patrol or school crossing supervisor to-(a) exhibit the sign described in subregulation (6) of this Regulation at the school

crossing by holding such sign in the manner and at such times as are specified respectively in provisions (i) and (ii) hereunder-

(i) so that its wording is clearly visible to the driver of a vehicle approaching such school crossing;

(ii) at such times when there is a pause in the flow of traffic having regard to the number of vehicles approaching such school crossing; and

(b) direct persons not to enter the school crossing except when the sign is exhibited as provided in paragraph (a) of this subregulation:

Provided that failure by a school patrol or school crossing supervisor to comply with the injunctions of this subregulation shall not be treated as an offence.

(5) Any person duly authorised in pursuance of the provisions of subregulation (I) shall take all proper steps for the responsible and effective custody of every sign required to be displayed in accordance with this regulation when such sign is not in use.

(6) For the purposes of subregulation (4) of this regulation, the sign exhibited by a school patrol or school crossing supervisor shall be as specified in the Manual of Uniform Traffic Control Devices.

(7) A school patrol may, and a school crossing supervisor shall, when on duty at a school crossing, wear such uniform, insignia or badge of office as may be approved by the District Superintendent.

(8) The District Superintendent shall cause school patrols and school crossing supervisors when on duty at a school crossing to be inspected at least once during each six months.

(9) Nothing in these Regulations shall be deemed to limit or affect the jurisdiction of a teacher over his pupils or to require a pupil or other person to assume or retain the functions of a school patrol.

(I 0) A person shall not use any sign or so conduct himself to appear to be exercising the functions of a school patrol or school crossing supervisor except as is provided in this regulation.

(II) In this regulation the term "school" shall be read and construed as including any place used for the purpose of religious instruction, whether on a Sunday or any other day, and the term "principal" shall be read and construed as including the person for the time being in charge of any such place so used for that purpose.

Substituted by regulations published Gazette 8 March 1980, pp. 833-834; amended by regulations published Gazette 21 January 1984, pp. 168-9. Heading substituted by regulations published Gazette 21 January 1984, pp. 168-9.

PUBLIC STANDS AND STOPPING PLACES

165. (I) Stands or stopping places for tramcars or any vehicle or classes of vehicles licensed under The State Transport Act of !960, may be appointed, altered or abolished by the Commissioner of Main Roads.

(2) Stands or stopping places for tramcars or other vehicles as aforesaid appointed under the Regulations repealed by these Regulations and existing at the commencement of these Regulations shall be deemed to have been appointed under and in pursuance of these Regulations.

As amended by regulations published Gazette 10 July 1965, pp. 1406-7 (as from 19 July 1965).

TEMPORARY STANDS

166. A temporary stand may be appointed upon a road by a Police Officer for all or any description of vehicles and any Police Officer may give such directions as such Police Officer considers necessary for regulating the use of such stand by drivers of any such vehicles.

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r.167 REGULATIONS r. 170 125

SEIZURE, REMOVAL, &c., OF STALLS, GOODS, &c., UPON ROADS

167. (1) Any Police Officer may seize and remove and detain or cause to be removed and detained at a place for safekeeping or for any purpose deemed necessary for giving effect to any provision of these Regulations, any stall, stand, appliance, apparatus, device or other structure or contrivance or any goods found upon any road, in such place, condition, manner or circumstances that its presence or use constitutes a breach or evidence of a breach ofthese Regulations or is causing or likely to cause danger, hindrance, inconvenience or obstruction to traffic upon such road.

(2) Upon seizure being effected under subregulation (I) hereof the provisions of subsections two (2) to six (6) inclusive of section 44 of the Act shall, subject to any necessary adaptations, apply to and in respect of any stall, stand, appliance, apparatus, device or other structure or contrivance or any goods so seized:

Provided that if the owner of anything so seized cannot be readily located it may be dealt with under the provisions of section 67 of "The Police Acts, 1937 to 1962".

SEIZURE, DETENTION, &c., OF THINGS UNLAWFULLY CARRIED, &c. 168. (1) Any Police Officer may seize and detain any advertisement, placard, board,

notice, sign, handbill or other thing carried, thrown, displayed, deposited or distributed or being upon or near a road or being carried for the purpose of being thrown or distributed in contravention of these Regulations.

(2) Anything seized under subregulation (1) of this Regulation shall, upon the conviction of any person for an offence in relation to such thing or for an offence involving the use, carrying, throwing, displaying, depositing or distributing of such thing, unless the Court otherwise orders, be forfeited to Her Majesty and thereafter disposed of as the Minister shall order. Any such forfeiture shall be in addition to any penalty or imprisonment which may be imposed on any person convicted of any such offence.

(3) Subject to the provisions of subregulation (2) of this Regulation, anything seized under subregulation (1) hereof may, notwithstanding that proceedings are not taken or a conviction is not recorded against any person for an offence against these Regulations in relation thereto, if the Minister so directs be forfeited to Her Majesty and thereafter shall be disposed of as the Minister shall order.

AUTHORITY TO SIGN DOCUMENTS

169. Any document under or for the purposes of the Act or these Regulations requiring to be signed-

(a) by the Commissioner-may be signed on his behalf by the District Superintendent;

(b) by the District Superintendent-may be signed on his behalf by the Superintendent;

(c) by the Commissioner of Main Roads-may be signed on his behalf by the Deputy Commissioner of Main Roads, the Secretary of the Commissioner of Main Roads, an Assistant Commissioner of Main Roads or any other officer of the Commissioner of Main Roads authorised by the Commissioner of Main Roads in writing in that behalf.

As amended by regulations published Gazette 10 July 1965, pp. 1406-7 (as from 19 July 1965).

POLICE REPORTS

170. A report made by a Police Officer or a copy of such report may be furnished by the Commissioner to a police department or other department of the Commonwealth or any State or Territory of the Commonwealth concerning or in relation to the qualifications or fitness of any person who is or has been or is likely to be in Queensland to hold any licence, permit, certificate or other document or authority of a like nature, issued in any State or Territory of the Commonwealth, in relation to vehicles or traffic, and concerning or in relation to the antecedents, character and conduct of any such person.

A Police Officer shall not incur any civil or criminal liability in respect of any report made or furnished to a police department or other department as aforesaid.

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126 r. 170A REGULATIONS r.170A

PRESCRIBED PLACES OF COURTS AND TRAINING PROGRAMMES

170A. (1) For the purposes of section 16c of this Act the prescribed places of conviction of a person-

(a) of an offence defined in section 16 of this Act, shall be those places set out in Part A of the Schedule to this Regulation; and

(b)-(i) of an offence defined in section 17 of this Act; or

(ii) upon indictment or summarily of an offence defined in section 328A of the Criminal Code,

shall be those places set out in Part B of the Schedule to this Regulation.

(2) For the purposes of section 16c of this Act the prescribed places-(a) at which a training programme (approved by the Minister) is conducted by

the Queensland Road Safety Council, shall be those places set out in Part C of the Schedule to this Regulation; and

(b) at which a defensive driving course is conducted by the Queensland Road Safety Council, shall be those places set out in Part D of the Schedule to this Regulation.

SCHEDULE TO REGULATION 170A

PART A

PRESCRIBED PLACE OF CONVICTION

Brisbane Magistrates Court

PART B

PRESCRIBED PLACE OF CONVICTION

Supreme Court } District Court Brisbane Magistrates Court

Circuit Court } District Court Toowoomba Magistrates Court

Supreme Court } District Court Rockhampton Magistrates Court

Supreme Court } District Court Townsville Magistrates Court

Circuit Court } District Court Cairns Magistrates Court

Dist~ct Court } Southport Magistrates Court

PART C

PRESCRIBED PLACE OF TRAINING PROGRAMME

Brisbane

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r.171 REGULATIONS

PART D PRESCRIBED PLACE OF DEFENSIVE DRIVING COURSE

Brisbane Toowoomba Rockhampton Townsville Cairns Gold Coast

Heading inserted by regulations published Gazette 26 June 1982, p. 2065;

r. 172 127

Inserted by regulations published 26 June 1982, p. 2065; amended 17 July 1982, p. 2359; 24 September 1983, pp. 389-90 (as from 1 November 1983).

CAUTION NOTICE

171. (Repealed).

Repealed by regulations published Gazette 7 August 1965, pp. 1825-6 (as from 16 August 1965).

FEES

172. (I) A fee, at the rate prescribed by or under these Regulations, shall be paid before any licence is issued or before the doing of any act or thing in respect of which a fee is so prescribed.

(2) The fees set forth hereunder shall be payable in respect of the following matters:­

For a licence for a stall, stand or standing vehicle-

In the Area of the City of Brisbane-

Annual .. Quarterly ... . Monthly ... .

In the Area of any City other than the City of Brisbane-'\

Annual Quarterly .. Monthly

Elsewhere than in the Area of a City­Annual .. Quarterly .. Monthly ..

For an itinerant vendor's licence­

Annual .. Quarterly ..

For a permit to carry advertisement, placard, board, notice or sign for the purpose of business advertising for any period not exceeding one month ......... .

For use of vehicle from which an electrical or mechanical appliance, apparatus or device amplifies or reproduces words, music or other sounds for advertising purposes ..

For an itinerant musician's permit for any period not exceeding one month ....... .

$515.00 $170.00

$70.00

$260.00 $85.00 $34.00

$52.00 $17.00

$8.00

$52.00 $17.00

$8.00

$8.00

$0.65

(3) For the purposes of subsection (6) of section 14 of the Act, the annual driving fee shall be $14.00.

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128 r. 173 REGULATIONS r.173

(4) The fees set forth hereunder shall be payable in respect of the following matters:-

For a permit to learn to drive a motor vehicle.. . . . . $7.50 For a driver's licence, other than a permit to learn to drive a

motor vehicle, for each period of one year or any part thereof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4.70

For the renewal of a driver's licence other than a permit to learn to drive a motor vehicle, for each period of one year or any part thereof . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4.70

For a duplicate copy of a driver's licence, other than a permit to learn to drive a motor vehicle . . . . . . . . . . . . . . . . . . . . . . $7.00

For each extract from the records kept in respect of the particulars of drivers' licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7.00

For each extract from the records kept in respect of the particulars of drivers' traffic histories . . . . . . . . . . . . $7.00

For a pilot vehicle licence . . . . . . . . . . $125.00 For the renewal of a pilot vehicle licence $125.00 For a duplicate pilot vehicle licence . . . . $15.00 For a pilot vehicle driver's licence $15.00 For the renewal of a pilot vehicle driver's licence . . $15.00 For a duplicate pilot vehicle driver's licence $5.00

(5) For the purposes of subsection (I) of section 37 of the Act the prescribed fee shall be $40.00.

As amended by regulations published Gazette 13 April 1963, p. 1620; 6 November 1967, p. 903; 18 October 1975, p. 591; 15 November 1975, p. 1109; 14 February 1976, p. 563; 3 June 1978, pp. 734-735; 8 September 1979, pp. 185-186; 16 August 1980, p. 2359; 22 August I98I, p. 2646 (sub-regulations (2) and (4) as from I September 198I, sub­regulation (3) as from I9 November I98I); 28 August I982, pp. 2871-2 (sub-regulations (2) and (4) as from 1 September I982, sub-regulation (3) as from 19 November I982); 20 August I983, pp. 2223-5 (sub-regulations (2) and (4) as from 1 September I983, sub­regulation (3) as from 19 November I983); I September I984, pp. 71-74 (.~ub-regulations (2) and (4) as from I September I984, sub-regulation (3) as from 19 November I984); sub­regulation (5) inserted by regulations published Gazette 6 July I985, p. I733; 31 August I985, pp. 2594-5 (sub-regulations (2) and (4) as from 1 September I985, sub-regulation (3) as from 19 November 1985); 31 May 1986, p. 1021 (sub-regulation (4) as from 1 July I986); 14 June 1986, pp. 1303-4; (sub-regulations (2) and (4) as from 1 September I986, sub-regulation (3) as from 19 November 1986); 6 December I986, pp. 2022-9 (sub-regulation (4) as from I July 1987).

PART 19

BREATH ANALYSING INSTRUMENTS AND SPECIMENS OF BLOOD FOR LABORATORY TESTS

Heading substituted by regulations published Gazette 3 August I974, pp. 1947-8.

173. For the purposes of this Part of these Regulations the following terms shall have the meanings respectively assigned to them:-

"Reagent ampoule"-An ampoule from a batch of ampoules which has been test checked by an analyst;

"Standard alcohol solution"-A solution of ethyl alcohol and distilled water prepared by an analyst and certified as suitable for use with an approved breath analysing instrument.

Substitued by regulations published Gazette 3 August 1974, pp. 1947-8.

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r.174 REGULATIONS r. 178 129

174. A legally qualified medical practitioner or authorised member of the Police Force shall-

(a) Before a person's breath is analysed and after completing such analysis ascertain that the breath analysing instrument used is in proper working order by testing such instrument with standard alcohol solution;

(b) When testing a breath analysing instrument to determine that it is in proper working order use only standard alcohol solution as prepared by the Government Chemical Laboratory Queensland and as produced to him duly identified by a control number and m a sealed container;

(c) When operating a breath analysing instrument use only reagent ampoules endorsed with a manufacturer's control number.

Substituted by regulations published Gazette 3 August 1974, pp. 1947-8.

175. A certificate purporting to be under the hand of an analyst that-(i) he prepared a quahtity of a solution consisting of ethyl alcohol and distilled

water; (ii) such solution was suitable for use with an approved breath analysing instrument;

(iii) he sealed such solution in each of a number of containers; and (iv) he endorsed on each such container a control number,

shall upon its production in evidence be conclusive evidence unless the contrary is proved that any such container bearing that control number contained standard alcohol solution.

Substituted by regulations published Gazette 3 August 1974, pp. 1947-8; as amended by regulations published Gazette 24 May 1975, p. 660.

175A. (Repealed). Repealed by regulations published Gazette 3 August 1974, pp. 1947-8.

176. A certificate purporting to be under the hand of an analyst that he test-checked a number of reagent ampoules from a batch of ampoules bearing the same manufacturer's control number and found that each ampoule so tested contained 3.0 millilitres of 0.025 per cent. potassium dichromate in 50 per cent. sulphuric acid by volume and a catalyst shall, upon its production in evidence, be conclusive evidence unless the contrary is proved that any such reagent ampoule bearing that control number contained 3.0 millilitres of 0.025 per cent. potassium dichromate in 50 per cent. sulphuric acid by volume and a catalyst.

Substituted by regulations published Gazette 3 August 1974, pp. 1947-8.

177. Evidence by a Police Officer that he used a device for carrying out a breath test on a specimen provided by a person shall be sufficient evidence that the device used by him was a device approved by the Minister for the purposes of such test unless the contrary is proved.

Substituted by regulations published Gazette 3 August 1974, pp. 1947-8.

177A. (Repealed).

Repealed by regulations published Gazette 3 August 1974, pp. 1947-8.

178. (I) In taking a specimen of blood for the purpose of a laboratory test a legally qualified medical practitioner shall-

5

(i) Take such specimen from any vein selected by him; (ii) Not use any substance which he believes on reasonable grounds to be or to

contain alcohol or ether when cleaning the site of the veni-puncture or for the purpose of cleaning any needle or syringe used for the purpose of the taking by him of such specimen;

(iii) Take a sufficient quantity of blood for the purpose of such laboratory test and if required pursuant to the Act take such additional quantity of blood either at the same time or immediately thereafter as will be a sufficient specimen to give to the person who made such requirement;

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130 r.l78A REGULATIONS r. 178B

(i,v) Place the specimen of blood in a receptacle; (v) Place upon the receptacle an identifying number with his initials thereon;

(vi) Sign a certificate certifying:-(a) The name of the person from whom he took the specimen; (b) The place where and the date and time when the specimen was provided

by such person; and (c) The placing upon the receptacle of an identifying number and of his initials

thereon. (2) Duplicate and triplicate copies of the certificate referred to in subregulation (I)

are to be made and the duplicate copy is to be forwarded to the analyst with the specimen of blood to which it refers.

(3)-(a) A certificate signed in accordance with this Regulation shall be admissible in

evidence and, in the absence of proof to the contrary, shall be conclusive evidence of the matters certified to therein.

(b) A duplicate of a certificate forwarded to the analyst in accordance with this Regulation shall be sufficient authority for him to issue a certificate of an analysis of a specimen of the blood of the person named in the duplicate certificate.

(4)-(a) It shall be conclusively presumed that no substance containing alcohol or

ether was used by a legally qualified medical practitioner unless he gives evidence on oath that he did so;

(b) Where a legally qualified medical practitioner gives evidence on oath that any substance containing alcohol or ether was used by him it shall be conclusively presumed that the use of any such substance did not affect the result of any analysis of a specimen taken by him unless the contrary is proved.

(5) Where in a certificate issued by him for the purposes of the Act the analyst in respect of the specimen of blood to which such certificate relates certifies that there was sufficient quantity of blood for the purposes of an analysis and that such specimen was capable of analysis, such certificate shall be sufficient evidence of those matters unless the contrary is proved.

Further substituted by regulations published Gazette 3 August 1974, pp. 1947-8; as amended by regulations published Gazette 2 February 1980, p. 347.

178A. Where, in any certificate made by him for any purpose where he is required under the Act to make a certificate consequent upon the providing of a specimen of breath for the purposes of analysis by a breath analysing instrument or a specimen of blood for a laboratory test, or, as the case may be, the failure to provide any such specimen, a medical practitioner or authorised member of the Police Force certifies that he has given all necessary directions as required by the relevant provisions of the Act in connection with the provision of whatever specimen was required in the case in question, and that a copy of a certificate signed as required by the Act was delivered to such person to whom by the Act it was required to be given, such certificate shall be conclusive evidence until the contrary is proved of the matters so certified.

Inserted by regulations published Gazette 4 November 1978, p. 831.

178B. Where, by any Regulation under this Part of the Regulations, a certificate of or purporting to be signed by a medical practitioner, an authorised member of the Police Force or an analyst is made evidence of any matter, a certificate purporting to be signed by a medical practitioner, an authorised member of the Police Force or an analyst, as the case may be, as to that matter shall, upon its production in any proceeding, be accepted as evidence-

(a) that the signature thereto is that of the person by whom the certificate purports to be made;

(b) of all matters contained therein including the status, authority or qualification of the person by whom the certificate purports to be made,

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r. 179 REGULATIONS r.184 131

and until the contrary is proved shall be conclusive such evidence.

Inserted by regulations published Gazette 4 November I978, p. 831.

179. In any proceedings under the Act it shall not be necessary for any Police Officer to produce in evidence any Certificate of Authority issued by the Commissioner that he is authorised to operate a breath analysing instrument and evidence by a Police Officer that he is so authorised shall be sufficient evidence of that fact.

Substituted by regulations published Gazette 3 August 1974, pp. 1947-8.

180. Unless it is proved that any failure to comply with any of the Regulations under this Part substantially affected any breath analysis or the result of any laboratory test of a specimen of blood it shall be presumed that any such failure did not in any way affect the result of any such analysis or test.

Present reg. 180 inserted by regulation published Gazette 3 August 1974, pp. 1947-8.

181. Any specimen of blood given to a person from whom a specimen of blood for a laboratory test was obtained shall be dealt with by the legally qualified medical practitioner in the same manner as if the specimen of blood were a specimen of blood for a laboratory test.

Inserted by regulations published Gazette 3 August 1974, pp. 1947-8.

ENDORSEMENT OF DRIVER'S LICENCE

182. Upon the holder of a Driver's Licence producing to a District Superintendent or Superintendent that licence and a certificate from a qualified medical practitioner to the effect that by reason of a stated illness or disability such person is incapable of providing a specimen of his breath for the purposes of section 16A of the Acts or the provision of such a specimen by him could adversely affect his health such District Superintendent or Superintendent shall upon establishing the authenticity of the certificate produced endorse that licence to indicate that on certification by the qualified medical practitioner named and by reason of the stated illness or disability the holder of the licence is incapable of providing a specimen of his breath or the provision by him of such a specimen of breath could adversely affect that person's health as the case may be.

Present reg. 182 (original reg. 180) substituted by regulations published Gazette 3 August 1974, pp. 1947-8.

PART 20

FREEWAYS

Heading inserted by regulations published Gazette 9 February 1980, p. 458.

183. For the purposes of this Part of these Regulations the following terms shall have the meanings respectively assigned to them:-

"End of Freeway sign"-A sign inscribed with the words "End of Freeway" with or without other words and erected near the left boundary of a carriageway so as to face an approaching driver;

"Freeway" -A length of road designated by a "Prohibited on Freeway" sign at the beginning and an "End of Freeway" sign at the end;

"Prohibited on Freeway sign"-A sign inscribed with the words "Prohibited on Freeway" with or without other words and erected on a carriageway so as to face an approaching driver.

Inserted by regulations published Gazette 9 February 1980, p. 458.

184. A person shall not drive or ride upon or walk upon or lead any animal upon a freeway contrary to the provisions of a sign erected upon or near the freeway.

/Inserted by regulations published Gazette 9 February 1980, p. 458.

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132 r. 185 REGULATIONS r.187

PART 21

PILOT VEHICLES, INDIVISIBLE LOADS

185. For the purposes of this Part of these Regulations, the following terms shall have the meanings respectively assigned to them:-

"excess dimension vehicle"-a motor vehicle required under these regulations to be escorted by one or more pilot vehicles;

"pilot vehicle"-a vehicle used for the purpose of escorting, and warning of the presence on a road of, an excess dimension vehicle;

"pilot vehicle driver's licence"-a licence issued by the Commissioner for Transport pursuant to these regulations authorising the holder thereof to drive any pilot vehicle;

"pilot vehicle licence"-a licence issued by the Commissioner for Transport pursuant to these regulations authorising the holder thereof to operate as a pilot vehicle any specified vehicle in respect of which the licence is issued.

186. (I) Every application for a pilot vehicle driver's licence or a pilot vehicle licence shall be made directly to the Commissioner for Transport.

(2) The provisions of regulations I 03 (I), I 04 and 127 shall apply to every application for a pilot vehicle driver's licence or a pilot vehicle licence or a renewal thereof, provided that a reference to the District Superintendent or Superintendent shall be read as a reference to the Commissioner for Transport.

187. (I) The Commissioner for Transport shall not issue a pilot vehicle licence to an applicant unless he is satisfied that-

(a) the applicant is in all respects a fit and proper person to hold a pilot vehicle licence, having regard to the nature of pilot vehicle operations;

(b) each vehicle to which the pilot vehicle licence will apply is a motor car, motor utility truck or motor truck with a gross vehicle mass not exceeding 4.5 tonnes;

(c) each vehicle to which the pilot vehicle licence will apply, together with its equipment, is suitable for operation as a pilot vehicle, having regard to the requirements of Schedule C to these Regulations;

(d) each vehicle to which the pilot vehicle licence will apply is registered in accordance with the relevant provisions of the Main Roads Regulations 1933 or corresponding legislation of any other State, or of a Territory, of the Commonwealth; and

(e) the applicant is the owner of each vehicle to which the pilot vehicle licence will apply.

(2) A pilot vehicle licence-(a) shall authorise the operation as a pilot vehicle of each vehicle to which it

applies; (b) shall state the place from which the business of operating each vehicle as a

pilot vehicle may be conducted; and (c) shall not be capable of transfer from one person to another.

(3) It shall be a condition of every pilot vehicle licence that each vehicle to which it applies shall at all times be operated and equipped in accordance with the requirements set out in Schedule C to these Regulations, and such other requirements as the Commissioner for Transport may specify having regard to the specific nature of the operations likely to be conducted by the licence holder, and shall at all times comply with the requirements of any other Act having applicability to the design, construction and use of that vehicle.

(4) It shall be a condition of every pilot vehicle licence that the holder thereof, and any person employed by him in relation to the operation as a pilot vehicle of any vehicle to which the licence applies, shall comply at all times with the provisions of the Wireless

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r.188 REGULATIONS r.190 133

Telegraphy Act 1905, and shall not cause or permit or suffer any other person to contravene the provisions of that Act.

188. (l) There shall be submitted with every application for a pilot vehicle driver's licence three unmounted identical photographs of the applicant each measuring 50 millimetres by 63.5 millimetres. Each photograph shall be of recent origin and be of the head and shoulders only, taken "full face" without hat, sunglasses or like item, and against a plain background. The applicant shall have a person, to whom he is well known, endorse in his own handwriting on the back of one of the photographs the wording "I certify this to be a genuine photograph of (insert name of applicant in full)" and have that person place his usual signature and date of signing immediately thereunder. Photographs shall not be required to be submitted in the case of any application for renewal except where in the opinion of the Commissioner for Transport new photographs should be submitted, having regard to the changes in the physical characteristics of the applicant or deterioration in the existing photographs.

(2) The Commissioner for Transport shall not issue a pilot vehicle driver's licence to an applicant unless he is satisfied that-

(a)-

(i) the applicant is the holder of a current driver's licence authorising him to drive all vehicles referred to in regulation 18 7 ( l) (b) and an articulated vehicle; and

(ii) the applicant has held such driver's licence for the whole period of the three years immediately preceding his application for the pilot vehicle driver's licence, provided that in the case of a person who makes application within 3 months of the coming into force of this Part of these regulations and who is able to prove to the satisfaction of the Commissioner for Transport that in the course of the six months immediately preceding the coming into force of this Part of these regulations he demonstrated substantial proficiency in escorting motor vehicles in accordance with permission granted under Part I of Division 3 of the Schedule to Part 13, the requirement of the holding of an articulated vehicle driver's licence shall not apply; and

(b) the applicant is in all respects a fit and proper person to hold a pilot vehicle driver's licence.

(3) Notwithstanding the provisions of subregulation (2), the Commissioner for Transport may require any applicant for a pilot vehicle driver's licence to establish, by such written and practical examination as the Commissioner for Transport shall determine, proficiency as a pilot vehicle driver.

189. (I) A pilot vehicle licence or pilot vehicle driver's licence shaii be in force for not longer than twelve months. For the purpose only of calculating any renewal date, the licence shall be deemed to be in force for the period of any suspension thereof.

(2) Unless otherwise approved by the Commissioner for Transport having regard to the circumstances of any particular case, an application for renewal of a pilot vehicle licence or a pilot vehicle driver's licence shall be made to the Commissioner for Transport not earlier than four weeks, and not later than two weeks, prior to the expiration of the licence.

(3) The Commissioner for Transport shall not renew a pilot vehicle licence or a pilot vehicle driver's licence unless he is satisfied that the applicant has complied with the requirements of his licence and these regulations, and continues to be a fit and proper person to hold the licence.

190. (I) A person shall not operate or cause or permit to be operated a vehicle as a pilot vehicle unless-

(a) he holds in respect of that vehicle a current pilot vehicle licence; or (b) he is a primary producer escorting or causing to be escorted the movement

of an excess dimension vehicle intended, or the loading upon which is intended, for use for primary production purposes on land under his immediate control.

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134 r. 191 REGULATIONS r.194

(2) The holder of a pilot vehicle licence shall not cause or permit the vehicle to which the licence applies to be operated as a pilot vehicle unless-

(a) where such permission is required to be obtained, the prior written permission of the District Superintendent or Superintendent under clause 43 of Part 1 of Division 3 of the Schedule to Part 13 has been obtained in respect of the movement of the excess dimension vehicle;

(b) all conditions specified in any prior written permission, and in the pilot vehicle licence, so far as concern the escort of the excess dimension vehicle are complied with;

(c) the driver of the pilot vehicle is the holder of a current pilot vehicle driver's licence; and

(d) any other person travelling in the pilot vehicle is the holder of a pilot vehicle driver's licence, or is directly connected with the safe movement of the excess dimension vehicle.

191. (1) A person shall not drive a vehicle which is being operated as a pilot vehicle unless- -

(a) there is in existence a current pilot vehicle licence which applies to that vehicle; and

(b) he is the holder of a current pilot vehicle driver's licence.

(2) Subregulation (1), and subregulation (5) of regulation 192, shall not have application to a person who is, or who is acting under the direction of, a primary producer as referred to in regulation 190 ( 1) (b).

192. (1) A person shall not upon any road drive a vehicle upon which are displayed any of the signs referred to in clauses 1 and 2 of Schedule C to these regulations unless the vehicle is actually being operated as a pilot vehicle.

(2) The driver of a pilot vehicle shall drive that vehicle at such distance from the excess dimension vehicle as will provide adequate warning to drivers of other vehicles of the presence on the road of the excess dimension vehicle and as will allow him to provide adequate warning to the driver of the excess dimension vehicle of potential danger.

(3) The driver of a pilot vehicle shall give all such directions to the driver of the excess dimension vehicle being escorted, and all such warnings to the drivers of other vehicles, as are in the circumstances reasonable for him to give for the purpose of preventing any occurrence likely to result in death of, or injury to any person or loss or damage to any property.

(4) The driver of any excess dimension vehicle being escorted by a pilot vehicle shall comply with any direction or signal given by the driver of the pilot vehicle under subregulatioiC (3).

(5) The driver of a pilot vehicle, and the driver of the excess dimension vehicle being escorted by that vehicle, shall at all times maintain contact by means of two-way radio equipment.

(6) The driver of a vehicle which is being operated as a pilot vehicle shall at all times ensure that-

(a) the headlights of the vehicle are lit; and (b) each rotating flashing amber light with which the vehicle is equipped is

operating.

193. The holder of a pilot vehicle driver's licence who ceases to hold a driver's licence in respect of any of the vehicles specified in regulation 187 (1) (b) shall forthwith forward his pilot vehicle driver's licence to the Commissioner for Transport.

194. (1) Subject to the operation of regulation 195, the Commissioner for Transport may cancel or suspend for a period which he shall specify a pilot vehicle licence or a pilot vehicle driver's licence if-

(a) the holder of the licence fails to comply with or observe any condition thereof; or

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r.195 REGULATIONS r. 199 135

(b) the Commissioner for Transport is of the opmwn that by reason of the manner in which the holder of the licence has operated or caused or permitted to be operated a pilot vehicle or has conducted himself as the driver of a pilot vehicle, and having regard to the safety of the public generally, the holder is not a fit and proper person to hold the licence.

(2) When the Commissioner for Transport cancels or suspends a pilot vehicle licence or a pilot vehicle driver's licence, he shall by notice advise the holder of that licence of his decision, and that person shall forthwith deliver up the licence to the Commissioner for Transport within the time specified in the notice.

195. (l) If at any time in the opinion of the Commissioner for Transport grounds exist for the suspension or cancellation, pursuant to regulation 194 ( 1 ), of a pilot vehicle licence or a pilot vehicle driver's licence he may by notice in writing call upon the holder of the licence, as that holder may elect, either-

(a) to attend at the place and time set out in the notice to produce the licence; or

(b) to reply in writing to the Commissioner for Transport within the time specified in the notice,

and show cause why the licence should not be suspended or cancelled. The notice shall specify the grounds hereinbefore referred to.

(2) At the place and time set out in the notice referred to in subregulation ( 1 ), or, as the case rnay be, on receipt of the reply in writing, or if the holder of the licence fails to attend at the place and time set out in the notice or to reply in writing within the time specified in· the notice, the Commissioner for Transport shall make full inquiry into the matter.

(3) Cancellation or suspension of a pilot vehicle licence or pilot vehicle driver's licence pursuant to these regulations shall take effect on and from the service upon the holder of the licence of the notice given by the Commissioner for Transport pursuant to regulation 194 (2).

196. (l) Every holder of a pilot vehicle licence or pilot vehicle driver's licence shall within twenty-eight days after change of his name and within seven days after change of his place of residence or business give written notice thereof. to the Commissioner for Transport and, if required by the Commissioner for Transport, produce his licence. The Commissioner for Transport, on being satisfied as to the correctness of the information supplied by the holder of the licence shall endorse upon the licence, or upon an endorsement slip which he shall issue to the holder for attachment to the licence-

(a) the changed name or changed place of residence or business, as the case may be, of the holder of the licence; and

(b) the date on which the endorsement was made or the endorsement slip was issued. ·

An endorsement slip so issued shall become part of the licence.

(2) The holder of a licence in respect of which an endorsement slip has been issued shall forthwith on receipt of that slip securely affix it to the licence.

197. The holder of a pilot vehicle licence or a pilot vehicle driver's licence may by notice in writing to the Commissioner for Transport surrender that licence, whereupon the licence shall cease to have any force or effect. The licence shall be forwarded to the Commissioner for Transport with the notice in writing.

198. The holder of a pilot vehicle driver's licence shall at all times while he is acting under its authority keep the licence in a readily accessible place and produce it for inspection when requested to do so by an authorised officer.

199. A person shall not wilfully deface, mutilate or destroy a pilot vehicle licence or a pilot vehicle driver's licence.

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136 r. 200 REGULATIONS r. 205

200. The holder of a pilot vehicle licence or a pilot vehicle driver's licence which has been lost, stolen, destroyed, mislaid, defaced or mutilated or upon which the particulars have become illegible shall forthwith-

(a) apply in writing to the Commissioner for Transport for a duplicate licence, setting out the reasons therefor; and

(b) forward to the Commissioner for Transport any such licence in his possession which has been defaced or mutilated or upon which the particulars have become illegible,

and the Commisioner for Transport upon proof of the facts to his satisfaction, may issue a duplicate licence to the holder of the licence. The duplicate licence so issued shall be clearly marked with the words indicating that it is a duplicate issued in lieu of an original licence and shall contain all the particulars and endorsements that appeared on the original licence. Upon the issue of the duplicate licence, a person shall not use the original licence for any purpose whatsoever.

201. A person shall deliver to the Commissioner for Transport any pilot vehicle licence or pilot vehicle driver's licence which is or which comes into his possession and which has expired by the eftluxion of time or in respect of which a duplicate licence has been issued.

202. Except where authorised by the Commissioner for Transport to the contrary, a person shall-

(a) before he sells or otherwise disposes of a vehicle in respect of which he holds a current pilot vehicle licence;

(b) at the expiry of a pilot vehicle licence issued to him in respect of any vehicle; remove from the vehicle any marking which indicates or would tend to indicate that the vehicle is operated as a pilot vehicle.

203. (I) The holder of a pilot vehicle driver's licence shall at all times maintain, in a form acceptable to the Commissioner for Transport, an accurate record of the following-

( a) the time and place of commencement of any escort; (b) the hours driven for the purpose of any escort; (c) the duration of any rest periods taken during any escort; (d) an accurate description of the loading carried and of the dimensions of the

excess dimension vehicle under escort; and (e) details of the rou~e traversed.

(2) The holder of a pilot vehicle driver's licence shall at all times that he is operating a pilot vehicle keep the record referred to in subregulation ( 1) in a readily accessible place in the vehicle and shall produce such record for examination upon the request of an authorised officer.

204. {I) A person who contravenes or fails to comply with any provision of this Part of these regulations commits an offence against this Part of these regulations.

(2) A person who-(a) fails to do what he is directed or required to do; (b) does what he is forbidden to do;

by a person acting under the authority of this Part of these Regulations commits an offence against this Part of these regulations.

(3) A person who commits an offence against this Part of these regulations is liable to a penalty of $250.

205. {I) For the purposes of this regulation, "indivisible article" means any item of plant, equipment or other loading being carried upon a motor vehicle as a single item, and not being readily capable of being dismantled.

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r. 205 REGULATIONS r. 205 137

(2) Notwithstanding the provisions of Part I of Division 3 of the Schedule to Part 13 but subject to subregulations (3) to (7) inclusive of this regulation-

( a) any prior written permission of the District Superintendent or Superintendent under that Part shall not include a condition that the motor vehicle· in respect of which permission is sought be escorted by a pilot vehicle or a police vehicle where-

(i) the motor vehicle is carrying an indivisible article which is not more than 21.4 metres in length, neither the article nor the motor vehicle exceeds 3.5 metres in width, and the overall height of the loaded motor vehicle does not exceed 4.3 metres; or

(ii) the motor vehicle is carrying an indivisible article which is loaded upon a drawn or articulated self-steering trailer exceeding 16 metres in length when measured from the point of articulation to the rear extremity of the motor vehicle or of the article loaded thereon, the overall length of the loade<!. motor vehicle does not exceed 25 metres, neither the article nor the motor vehicle exceeds 3.5 metres in width, and the overall height of the loaded motor vehicle does not exceed 4.3 metres; or

(iii) the motor vehicle is an articulated vehicle of the type commonly known as a low loader, the overall dimensions of which, whether loaded or not, do not exceed 25 metres in length, 3.5 metres in width, and 4;3 metres in height;

(b) the prior written permission of the District Superintendent or Superintendent under that Part shall not be required in respect of a motor vehicle carrying an indivisible article, where that motor vehicle is escorted by at least one pilot vehicle and where the article exceeds 21.4 metres in length but does not exceed 25 metres in length, neither the article nor the motor vehicle exceeds 4 metres in width and the overall height of the loaded motor vehicle does not exceed 5 metres;

(c) the prior written permission of the District Superintendent or Superintendent under that Part shall not be required in respect of a motor vehicle carrying an indivisible article where that motor vehicle is escorted by at least two pilot vehicles and where the article exceeds 25 metres in length but does not exceed 30 metres in length, neither the article nor the motor vehicle exceeds 4.6 metres in width, and the overall height of the loaded motor vehicle does not exceed 5 metres;

(d) it shall be a condition of any prior written permission of the District Superintendent or Superintendent under that Part that a motor vehicle in respect of which permission is sought shall be escorted by-

(i) one pilot vehicle and one police vehicle (or such greater number in either case as the written permission shall specify) where the motor vehicle is carrying an indivisible article which exceeds 30 metres in length but does not exceed 35 metres in length, neither the article nor the motor vehicle exceeds 4.6 metres in width, and the overall height of the loaded motor vehicle does not exceed 5 metres;

(ii) two police vehicles (or such greater number as the written permission shall specify) where the motor vehicle is carrying an indivisible article which exceeds 35 metres in length, neither the article nor the motor vehicle exceeds 4.6 metres in width, and the overall height of the loaded motor vehicle does not exceed 5 metres;

(3) Notwithstanding the provisions of subregulation (2) but subject to subregulation (7), it shall be a condition of any prior written permission of the District Superintendent or Superintendent that a motor vehicle in respect of which permission is sought shall be escorted by-

(a) two pilot vehicles and one police vehicle (or such greater number in either case as the written permission shall specify) where the motor vehicle is carrying an indivisible article and the width of the article exceeds 4.6 metres but does not exceed 6.1 metres;

(b) one pilot vehicle and two police vehicles (or such greater number in either case as the written permission shall specify) where the motor vehicle is carrying an indivisible article the width of which exceeds 6.1 metres.

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138 r. 205 REGULATIONS r. 205

(4) The prior written permission of the District Superintendent or Superintendent shall, where the motor vehicle is carrying an indivisible article which exceeds 30 metres in length, contain the requirement that a rear end steering unit be employed.

(5) The prior written permission of the District Superintendent or Superintendent shall, where the motor vehicle is carrying an indivisible article which exceeds 6.1 metres in width, contain the requirement that the edges of the article be defined by flashing amber lights.

(6) Whether or not the prior written permission of the District Superintendent or Superintendent is required for the purposes of Part I of Division 3 of the Schedule to Part 13, a low loader as hereinbefore referred to, or an articulated vehicle of the type commonly known as a step deck trailer, shall be employed in any case where the overall height of a loaded vehicle, being a motor vehicle carrying an indivisible article, exceeds 4.8 metres.

(7) The District Superintendent or Superintendent may, in determining the conditions attaching to any prior written permission as referred to in paragraph (d) of subregulation (2) or in subregulation (3), either reduce the number of police vehicles or pilot vehicles otherwise required to escort the motor vehicle or totally omit any requirement that the motor vehicle be escorted by a police vehicle or a pilot vehicle, provided that-

(a) the prior written permission relates only to movement of the motor vehicle within the police district of Roma, Charleville, Longreach, Mount Isa or Mareeba, or within any part of the police district of Cairns which is to the north of Mossman, or within any part of the police district of Townsville which is to the west of Pentland; and

(b) the District Superintendent or Superintendent is of the opinion that notwithstanding such reduction or omission the motor vehicle will be adequately escorted, having regard to-

(i) the nature of the roads, and the volume of traffic likely to be encountered, on the route to be followed; and

(ii) the nature of the loading on the motor vehicle.

Part 21 inserted by regulations published Gazette 6 December 1986, pp. 2022-9 (as from 1 July 1987).

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r. 205 REGULATIONS

SCHEDULE B

OFFENCES FOR THE PURPOSES OF REGULATION 1 08C

r. 205 139

Exceeding speed limit where the excess is 30 kilometres per hour or more} 4 points (Regulations 50, 51, 52)

Failing to remain at scene of accident (Section 31 (1 )) Exceeding the speed limit when excess is 15 kilometres per hour or more but

less than 30 kilometres per hour (Regulations 50, 51, 52) Failing to give way (Regulations 34, 34A, 35, 36 (1), 36A, 38 (1) and (2), 39

(I)) Disobeying traffic signs (Regulations 20, 39 (2) (a), (Section 12F) (except

parking, stopping and standing signs)) Disobeying traffic control light signal (Regulation 11 (1) (a)) Disobeying police direction (Regulation 21) 3 points Improper overtaking or passing (Regulations 23, 26) Driving without Driver's Licence (Section 15 (1)) Crossing double centre line (Regulation 30) Driving unroadworthy vehicle (Regulation 68 (1) (d)) Failing to drive to the left of the centre island of a roundabout (Regulation

29) Driving along the extreme right hand carriageway where road is divided

(Regulation 32)

Careless driving (Section 17) Failing to wear seat belt (Regulation 90s ( 1)) Driving while child not restrained (Regulation 90o (3) and (4)) Driving or standing in emergency lane (Regulation 57A) 2 points Failing to signal intention (Regulation 45) Exceeding speed limit when the excess is· less than 15 kilometres per hour

(Regulations 50, 51, 52) Improper turns (Regulations 43, 44, 47) Failing to produce Driver's Licence-Provisional (Section 39 (2) (b)) Failing to keep left (Regulation 22) Following too closely (Regulations 31, 49) Failing to report traffic accident (Section 31 (3)) Driving unroadworthy vehicle-minor defects (Regulation 68 (I) (a), (b) and

(c)) Driving a motor vehicle equipped with a warning device comprising a means

of creating, reproducing or amplifYing words or a variety of musical sounds (Regulation 83 (a) (ii)) • 1 point

Driving a motor vehicle while person is outside vehicle or while person occupies any portion of driver's seat on right side of driver (Regulation 156 (3))

Driving a vehicle towing a trailer while person is in trailer (Regulation 160 (1)) f . . . f h . . f Any other breaches o these RegulatiOns ansmg out o t e dnvmg o a motor vehicle not otherwise above described but not having relation to parking, stopping or standing.

Inserted by regulations published Gazette 20 December 1969, pp. 1775-6 (as from 19 January 1970); as amended by regulations published Gazette 27 November 1971, pp. 1477-8 (as from 1 January 1972); 22 June 1974, pp. 1116-20; 24 May 1975, p. 660; 3 July 1976, p. 1354; 5 August 1978, pp. 1595-1604; 5 May 1984, p. 174; 1 September 1984, pp. 75-6; 13 July 1985, pp. 1816-7; 19 July 1986, pp. 2185-9; 20 December 1986, p. 2423.

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140 r. 205 REGULATIONS

SCHEDULE C

PILOT VEHICLES-REQUIREMENTS-REGULATION 187 (3)

r. 205

l. The vehicle shall have affixed thereto, visible to the front and to the rear, signs bearing the word "PILOT" in letters not less than 200 millimetres and as described in AS1744-1975 "STANDARD ALPHABETS FOR ROAD SIGNS" Series D, medium spacing. The sign shall be black lettering with reflective yellow background. A sign bearing the pilot vehicle licence number of the vehicle in letters and or numerals at least 50 millimetres in height shall be affixed to the left side of the vehicle.

2. The vehicle shall carry a sign mounted centrally and vertically above the roof of the vehicle and securely fastened to the vehicle by metal brackets and fastenings. The sign shall be of a type approved by the Commissioner of Main Roads. as being suitable for providing warning to other road users, and shall indicate the nature of the construction or loading of the excess dimension vehicle being escorted by the use of the words "Danger", "Wide Load", "High Load", "Long Wide Load", or words to like effect as are appropriate to the circumstances. The sign shall also indicate whether the vehicle is following or is ahead of the excess dimension vehicle. During the hours of darkness the sign shall be illuminated so as to be clearly visible.

3. The vehicle shall be equipped with two rotating flashing amber lights mounted at each extremity of the sign previously referred to, so that they will show an unobstructed light through 360 degrees of the horizon.

4. The vehicle shall be equipped with an adequate first aid kit.

5. The vehicle shall carry such emergency signs and equipment as are required pursuant to these Regulations or any other Act or Regulations to be carried on the excess dimension vehicle being escorted.

6. The vehicle shall be equipped with a fire extinguisher of a type suitable to control both electrical and chemical fires, and having a minimum capacity of 2 kilograms.

7. The vehicle shall be provided with two-way radio communication equipment which shall include a separate unit for use in the excess dimension vehicle being escorted and that will provide effective communication at all times.

Inserted by regulations published Gazette 6 December 1986, pp. 2022-9 (as from 1 July 1987).

By Authority: S. R. HAMPSON, Government Printer, Queensland

74000 (rtrsl3)-12/86

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INDEX

TO

THE TRAFFIC REGULATIONS, 1962

Abreast-driving vehicle . meaning of term in Regulation parking, stopping, or standing prohibited .. riding bicycles . riding horses

Address-changed, to be endorsed on licence

Adoption of standards

Advertisements on roads­fees for permits to carry permit to carry. seizure, detention and forfeiture .. vehicles used solely for ..

A

Age, of persons exempted from wearing seat belts .

Aggregate, to be painted on omnibus, motor truck, and motor utility truck

Agricultural equipment. See also Specially constructed vehicle ..

Alcohol-drinking from container while driving

Alighting from vehicles, not to-cause danger or impede passage of traffic . from moving vehicle other than from left side of tram

Alternative headlamp-general requirements re . meaning of term in regulations

Ambulance Transport Brigade-exemption from regulations re driving of vehicle of vehicle deemed to be emergency vehicle

Analyst-certificate by, as to-

fitness of specimen of blood for analysis preparation of standard alcohol solution test checking of reagent ampoules

Anchorage point. See also Seat belts­front rear

Anchorages-child restraint, to comply with Australian Design Rule seat, to comply with Australian Design Rule

reg. 157 (1) 4 (1) (e).

55 (a) 157 (I) 157 (2)

138

15A

172 (2) 126 168 126

908 (3) (f)

Sch. (regs. Pt. 13), c. 85

reg. 4 (I) (e).

144A

146 153 (1) 153 (2)

Sch. (regs. Pt. 13), cc. 21, 22 reg. 4 (1) (e).

9 4 (I) (e) ..

178 (5) 175 176

Sch. (regs. Pt. 13), c. 99 c. 99

99 99

Page

120 3

35 120 120

Ill

14

127 107 125 107

52

84

11·

117

117 119 119

63 3

12 6

130 129 129

90 90

90 90

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142

Angle parking-meaning of term in regulations of-

motor cycles without sidecars vehicles over 8 metres in length prohibited

Animal-drawn vehicle­

brakes on harness of.. . . . . . . lighting requirements for maximum dimensions of

drive off carriageway where practicable feeding in road harness of, drawing vehicle leading of. removing winkers, bit of, etc., in road

INDEX

rider or driver of to have duties, rights and privileges imposed on vehicle drivers by regulations generally

use of unbroken or undomesticated animals

Anti-theft locks-all passenger cars and derivatives thereof . . to comply with Australian Design Rules

Appeal-with respect to issue of licences, etc . .

Application-of Act to prescribed offences under reg. 140

Appointed-meaning of term in regulations

Articulated vehicle. See also Lighting of vehicles­another vehicle not to be drawn by clearance and side marker lamps on . licence restrictions .. maximum dimensions

speed restrictions

Australian Design Rule-meaning of term in regulations table

Australian Standard-meaning of term in regulations

Australian Postal Commission-exemption for employees driving on footpath .

Authorised officer. See also Police officer-licence produced to, to bear usual signature of licensee powers of, with respect to inspection of vehicles, etc.

Authority to sign documents-on behalf of Commissioner of Main Roads on behalf of District Superintendent . on behalf of the Commissioner

Automatic transmission-must comply with Australian Design Rules requirements in the case of .

Axle Load-meaning of term in regulations

Backwards-B

certain vehicles to be capable of being driven .. duties when driving

Barrow, lighting requirements for

reg. 4 (I) (e).

54 (1) (d) .. 54 (I) (c).

Sch. (regs. Pt. 13), c. 94 regs. 97, 98 (2) (b) . . . .

Sch. (regs. Pt. 13), cc. 87-92 c. 93

reg. 99 98 (2) (a). 97, 98 (2) (b) .. 96 98 (2) (b).

6 98 (I)

Sch. (regs. Pt. 13), c. 99 c. 99

reg. 127

142

4 (I) (e).

73 (b) Sch. (regs. Pt. 13), c. 12

reg. 117A . . . . . . . . Sch. (regs. Pt 13), cc. 44, 45,

46 reg. 50 (2), (3) .

4 (I) (e). Sch. (regs. Pt. 13), c. 99

4 (I) (e).

159 (3)

reg. 115 (2) 92

169 (c) 169 (b) 169 (a)

Sch. (regs. Pt. 13), c. 99 C. 86F

4 (I) (e)

Sch. (regs. Pt. 13), c. 79 reg. 158

Sch. (regs. Pt. 13), c. 95

Page

35 35

89 93

88-89 89 94 93 93 93 93

12 93

91 90

108

115

45 59

104

68-69 33-34

3 90-92

121

103 55

125 125 125

91 87

82 120

89

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INDEX

Bell-giving way to emergency vehicle sounding . . . . . . . . not to be fitted to vehicle unless approved by Commissioner warning device on bicycle

Between, meaning of term in regulations ..

Bicycle-brake requirements . . . . . . . . . . compliance with Australian Standard hand to be kept on handle-bar lighting of . mudguards on riding. riding abreast right turns at intersections towing and being towed warning device on

where portion of carriageway provided exclusively for, use of

Bicycle lane-meaning of term in regulations restrictions on use of use by bicyclists

Bicycle path-meaning of term in regulations restrictions on use of use by bicyclists

Bicycle prohibition sign-meaning of term in regulations duties of riders and pedestrians when facing

Bicycle way sign-meaning of term in regulations

Blood, See Specimen of blood.

Blood test. See Veni-puncture, Medical practitioner, Specimen of blood, Laboratory test.

Board­permit-

required for business advertising. to carry if in excess of prescribed size

Body-of motor vehicle not be changed or altered so as to affect safety of limbs of persons not to protrude through doors, etc., of motor

vehicles

Bonfires, not to be set in roads

Brake. See also Brakes, Emergency brakes, Service Brake, Hydraulic brake hoses, Spring actuated emergency brakes­

meaning of term in regulations

Brake lamp

Brakes-adjustment of bicycle, requirement construction of. motor cycles, special conditions motor vehicle, general conditions performance ability .. spring-actuated emergency brakes, requirements of tractors trailer, pole-trailer and semi-trailer, general conditions ..

sch.efreg:.7Pt. IJ), ·c: 70 ·

reg. 83 (b)

4 (I) (e).

Sch. (regs. Pt. 13), c. 96 .. Sch. (regs. Pt 13), c. 95 (3) ..

reg. 93 (3) Sch. (regs. Pt. 13), c. 95

98 reg. 93

157 (I) (d). 44 (5) 94 83 . . . . . .

Sch. (regs. Pt. 13), c. 97 !57 (I) (e).

4 (I) (e). 32c (I)

!59 A

4 (I) (e). 32c (I)

!59 A

4 (I) (e) .. 20 (II)

4 (I) (e).

126 126B

68 (7) (b) ..

!56 (S)

lSI (2) (f) .

4 (I) (e).

reg. 45 (4) (b) (ii); Sch. (regs. Pt. 13), cc. 16, 17, 31 ..

c. 60 96 61 59 57

cc. 62, 63 c. 57 (3)

57 (7) 58

Page

143

26 78 49

90 90 92 89 90 92

120 29 92 49 90

120

3 23

121

3 23

121

4 18

4

107 108

"'. 40

120

119

4

31, 61, 65

74 90 74 74 72 74 72 74 74

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144

Braking system, meaning of term in regulations Heavy trailer-

to comply with Australian Design Rule

Brake system, motor cycle-compliance with Australian Design Rules ..

Breath analysing instrument­certificate of authority to operate operating instructions-

reagent ampoules standard alcohol solution tests before and after analysis

INDEX

Breath analysis, suspension of privilege or interstate licence for 24 hours after failing

Breath test-by medical practitioner . by police officer

Breath testing device­facilitation of proof. .

Bridge-meaning of term in regulations no parking, stopping or standing upon signs on or near

Brisbane City Council. See Local Authority.

Building line, meaning of term in regulations ..

Built-up area, road in a-dipping of headlights on meaning of term in regulations parking long vehicles on carriageway . speed limit in use of certain animals, etc., on

Bumper-bar-attachments affixed for purposes of towing on rear of semi-trailer

Bus. see Omnibus.

Bus lane-meaning of term in regulations other vehicles prohibited

Bus lane sign-meaning of term in regulations

Bus stop, restrictions on standing, etc., near

Business advertising-meaning of term in regulations

Cab, meaning of term in regulations .

Cab stand, meaning of term in regulations

Cancellation. See also Disqualification­delivery of licence to Superintendent. or surrender of licence at request of licensee provisional licence and learner's permit

c

reg. 4 (l) (e) ..

Sch. (reg. Pt. 13), c. 99

Sch. (regs. Pt. 13), c. 99

reg. 179

174 (c) 174 (b) 174 (a)

110 (3)

174 174

177

4 (l) (e) .. 55 (b) 20 (6)

4 (l) (e) ..

69 (2) 4 (l) (e) ..

57 50 (l) (a) .. 98

73A Sch. (regs. Pt. .lJ), ·c: 86r

reg. 4 (l) (e) .. 328

4 (l) (e) ..

55 (f)

126

4 (l) (e).

4 (l) (e) ..

l34A 133 lOSe (2)

Page

4

92

91

131

129 129 129

102

129 129

129

4 35 17

4

43 lO 37 33 93

45 85

4 23

4

36

107

110 110

99

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Carburettor-replacement

Car carriers-meaning of term in regulations restrictions on· certain roads .

INDEX

Car minder, Superintendent may prohibit person from parking, mind­ing, etc., vehicles upon road ..

Caravan trailer-clearance and side marker lamps for . conditions for doors vehicle towing, not to be driven whilst person in, etc . ..

Carriage, of persons outside of vehicle or on right of driver's seat prohibited .

Carriageway-animal, to be driven off where practicable duties of and restrictions on pedestrians duties of drivers where three lane two-way giving way when moving from boundary of keep to left of double centre-line on keep to left on, generally keep within marked lane or line of traffic on not to be marked or obstructed where portion provided exclusively for bicycles, must be used by

riders . carrying capacity, not drive vehicle whereon loading exceeds

Carrying vehicle, meaning of term in regulations

Carrying vehicle stand, meaning of term in regulations

Centre-line-double, keep to the left of meaning of term in regulations parking nearer than 3 metres of marked, prohibited parking nearer than 3 metres of nearer of double, prohibited where view obstructed, etc., and near intersections, keep to the left

of.

Centre parking-certain vehicle not to park by meaning of term in regulations vehicles not to be reversed out of centre parking areas

Certificate-authority to operate breath analysing instrument

Certificate by medical practitioner, of person's inability to provide specimen of breath .

Certificate of Registration or Renewal of Registration­for vehicle, loading not to exceed that stated in

Chassis­alteration of

Chief Inspector of Motor Vehicles-approval of required to alter chassis of motor vehicle meaning of term in regulations

Child, age of re exemption from wearing seat belts

Child restrained

Child restraints­anchorages. driver not to drive unless exemption from wearing driver not to drive unless child restrained sale of which does not comply with Australian Design Rule shall not occupy front seat unless restrained

reg. 68 (8) and Table

1448 1448

reg. 162

Sch. (regs. Pt. 13), c. 13 C. 86A

reg. 160

regs. reg.

!56

99 40-42, 184 24 36 (I) 30 22 28

J49A

!57 (I) (e). 76

4 (1) (e).

4 (I) (e).

30 4 (I) (e).

54 (2) (b). 55 (d)

25

54 (I) (c). 4 (I) (e).

36 (2)

179

182

76 (a)

68 (7) (a).

68 (7) 4 (1) (e).

908 (3) (f), 90D (6) (7)

regs. 90o (4)

Sch. (reg. Pt. 13), c. 99 reg. 90D (6), (7)

90D (3), (4) 90c 90D (3)

145

Page

40

117 117

123

60 85

122

120

94 27, 131

21 25 22 20 22

118

120 48

22 5

35 36

21

35 5

25

131

131

48

40

40 5

53, 54

54

91 54 54 53 54

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146

Children-duties of drivers where crossing . school patrols

Choked intersections, not to be entered

Citation of regulations

Clean Air regulations, compliance with

Clearance lamp. See also Lighting of vehicles­meaning of term in regulations

Clearway-meaning of term in regulations parking restrictions .

Clearway sign-meaning of term in regulations

INDEX

Collision, removal of glass or loading on road resulting from

Commencement of regulations

reg. 39 (2) (a) .. 164

38 (3)

88A

4 (I) (e).

4 (I) (e). 55 (I)

4 (I) (e).

150

Preamble to regs.

Commercial vehicle braking systems compliance with Australian Design Rules Sch. (regs. Pt. 13), c. 99

Commissioner-documents may he signed by District Superintendent on behalf

of .. furnishing of police reports to other States, etc., by powers of-

under regulations

Commissioner for Transport-may determine exemption under reg. 90s (3) (h)

Commissioner of Main Roads­documents to he signed on hehalf of light or sign creating-

danger may he removed by public vehicle stands, may appoint, alter, or abolish

Compliance plate-meaning of term in regulations . . . to be fitted to certain motor vehicles

Compression ignition engine, to be fitted with locking device

Compression whistle. See Warning device.

Construction-of regulations of vehicles.

Control, driver to have sufficient view and passenger not to interfere with

Coupling. See Trailer coupling.

Courts, referrals to Training Programmes

Crankcase gases-control of emission of shall not he permitted to escape into the atmosphere

Cross, double centre line

Crossing of streets by children­duties of drivers re . school patrols and supervisors

reg. 169 170

13

90s (4)

169 (c)

18 165

4 (I) (e). Sch. (regs. Pt. 13), c. 86n

C. 86B

reg. 4 regs. 68-92; Sch. (regs.

Pt. 13), cc. 1-98

reg. 78 78 (3)

reg. 170A

88' (I) 88' (I)

30; Sch. B

39 (2) (a). 164

Page

26 123

26

51

5 36

118

91

125 125

13

53

125

15 124

5 86

85

39-55, 56-90

48 49

126

51 51

22, 139

26 123

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INDEX

D

Damage-or interference to roads ..

Danger-not to be caused by person opening door, or alighting from

vehicle warning device not to be used except as warning of

Dangerous-objects on roads

Darkness. See During hours of darkness.

Defects, mechanical, to be reported to owner of vehicle

Defence force, exemption of driver, re driver's licence .

Definition of terms in regulations

Delivery-of cancelled or suspended licences, or licences for endorsement.

Demisting equipment, windscreen, to comply with Australian Design

reg. 149

146 82

152

68 (2)

10

4

l34A

Rule Sch. (regs. Pt. 13), c. 99

Derivatives-of terms defined in regulations

Design Rule, Australian, meaning of term in regulations

Detention-of stalls, goods, etc., on roads of things unlawfully carried, etc ..

Diesel engine exhaust smoke emission­compliance with Australian Design Rules.

Dimensions· of vehicles­animal-drawn vehicles, generally .. general provisions re loading, equipment, etc . . motor vehicles, general conditions rear overhang and loading space .. trailers, dimensions and weight

Dipping device-dipping of headlamps equipped with . meaning of term in regulations speed limit where vehicle not fitted with ..

Directions-by police officer given by-

official traffic signs traffic control light signals

Disobey-police directions traffic control light signal traffic signs (except parking, stopping, and standing signs)

Disqualification-endorsement of licence upon

Distribution, of handbills, permits required

District Superintendent-appeal to court from decision of. Commissioner to have and exercise poWer and authority of construction of reference to in regulations

reg. 4 (2)

4(l)(e).

167 168

Sch. (regs. Pt. 13), c. 99

Sch. (regs. Pt. 13), c. 93 reg. 75

Sch. (regs. Pt. 13), cc. 43-46 C. 66A c. 48

reg, 69 (2)

regs.

reg.

regs.

reg.

regs.

reg.

reg.

4 (l) (e). 51

7, 21

20 19

21; Sch. B ll (l) (a); Sch. B 20, 39 (2) (a); Sch. B

137

126, l26A

127 13 (2) 4 (l) (b).

147

Page

118

117 49

119

39

12

llO

91

ll

125 125

91

89 46

68, 69 76 71

43 5

34

12, 18

16 15

18, 139 13, 139

16, 26, 139

Ill

107

108 13 2

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148

District Superintendent-continued documents-

INDEX

may be signed by Superintendent on behalf of may sign on behalf of Commissioner

licence-driver's may direct issue to person under 17 years of age itinerant vendors, may issue stall, stand, standing vehicle. subject to conditions stated therein suspension or cancellation by

permits-amplification, etc., of words, etc. attract crowd by noise carrying advertisements, etc. handbills itinerant musician learners, to persons under 17 years of age meetings processions stand vehicle upon road whilst soliciting employment, etc . .

reconsideration of decision re licence remove light or sign creating danger . school patrols and supervisors serve notification of cancellation, etc., imposed by him on

licence . . . . . . . . . . . . . . . . . . . . . vehic1es to comply with construction and equipment provisions

except when exempted by withdraw privilege conferred on holder of driver's licence issued

outside Queensland of driving in this State

Divided road, duties of drivers on

Documents required to be signed by­Commissioner . Commissioner of Main Roads District Superintendent .

Doors-body or limbs of persons riding in motor vehicles not to protrude

through, etc. of vehicles, not to be opened or left opened so as to cause danger

or impede passage of traffic . omnibus-

shall be closed . . . . . . . . . . . . shall have outward openings in certain cases shall not be located on the right hand side in certain cases side door latches and side door retention components .

Double centre-line­driver to keep left of no parking unless 3 metres from nearer of lines forming

Drive or Driving, to include "'stand" or .. standing" or "'lead" or "leading"

Driver. See also Disqualification driving under influence-carriage of person outside of vehicle or on right of driver's seat certain drivers not to drive on bicycle lanes or bicycle paths crossing of blocked or choked level crossing duties of. when leaving motor vehicle unattended . exemption from wearing seat belt-

re size, build, etc. when reversing . .

mud or water, not to splash .. not to drink liquor while driving not to follow more closely than is reasonable . obtain consent of owner for another to drive . permit inspection of vehicle, etc. prescribed signals by report mechanical defect to owner to wear seat belt view and control, to have sufficient view of, general conditions for

reg. !69 !69

!06 (2) !19, 120 !18, 120 !16 !34 (4)

!22 !45 !26

regs. !26, 126A reg. 121

!09 (2) !23 !24 !47 127

18 !64

!34 (7)

Sch. (regs. Pt. 13), c. I .

reg. 110 (2)

32

!69 (a) !69 (c) !69 (b)

!56 (5)

!46

!46 (2) Sch. (regs. Pt. 13), c. 86A

C. 86A 99

reg. 30 55 (d)

reg. 4 (I) (a) .

!56 32c 48 (3)

!43

90s (3) (c) 90s (3) (a) 79

J44A 49 68 (6) 91 (I) 45 68 (2) 90B (I) 78 (!), (3)

Sch. (regs. Pt.l3), c. 77

Page

125 125

96 104 104 103 110

105 117 107 107 105 100 105 106 118 108

15 123

110

56

102

22

125 125 125

120

117

118 85 85 90

22 36

2

120 23 33

116

52 52 49

117 33 40 54 30 39 52

48, 49 82

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INDEX

Drivefs licence. See also Disqualification, Licences, Learner's permit­age of holder aids to eyesight, hearing articulated vehicle certificate by medical practitioner of person's inability to provide

specimen of breath . classes of, and cond~tions defence force, vehicle, exemption of drivers from holding delivery of, by licensee of cancelled, suspended, and licences for

endorsement endorsement as to inability to provide specimen of breath . endorsement in the case of licensee being incapable to supply

specimen of breath . issue-

not to be made to certain persons Superintendent may refuse without prescribed test

issued outside Queensland issued outside Queensland in the case of "P" plates motor truck not valid during period of cancellation or suspension period in force .. points against traffic offenders under provisional licence privilege, interstate licence, suspension of for 24 hours following

breath analysis . provisional licence­

application form (S.20A) cancellation when points total four or more in the case of interstate "P" plate holders driving in

Queensland issue of issued for period not exceeding may be issued otherwise than provisional licence if motor cycles, restrictions engine size . must be holder of for a period of one year where previous

licence cancelled retesting following cancellation retesting holder of testing applicants fitness to hold . tractor driver to hold certificate under the Inspection of Machinery

Acts

Driving-abreast of any vehicle driven in same direction carelessly-

more closely than is reasonable unroadworthy vehicle

on footway or reservation while child not restrained by seat belt

Driving under influence-suspension of licence for 24 hours after failure of breath test

Drug. See Driving under influence.

During hours of darkness­dipping of headlights lighting-

bicycles, etc. motor vehicles . trams . vehicles drawn by animals

meaning of term in regulations speed limits-

motor cycle with small engine motor vehicle without dipping device

reg.

reg.

reg.

regs. reg.

regs.

reg.

regs. reg.

149

Page

106 96 117 103 117A 104

1S2 131 105 95

10 12

134A 110 1S2 131

1S2 131

106 (4) 96 lOS 97 111 103 110 102 110 (1) (d). 102 117A 104 10SA (2) 9S 107A 97 lOSe; Sch. B 99, 139

110 (3) 102

lOSE 99 lOSe (2) 99

110 (1) (d) .. 102 lOSA, 10SD 9S, 99 10SA (5) 9S 10SA (3) 9S 10SA (6) 9S

10SD (b) 99 107B 97 112 103 107 96

106 ( 4), 107 (2) 96, 97

157 (1) 120

49 33 6S (1) (d); Sch. B 39, 139

159 120 90o (3), (4) 54

110 (3) 102

69 (2) 43

69 (1) (c). 43 69 (1) (a), 70, 71 43, 44 72 44 69 (1) (b). 43 4 (1) (e) . 5

52 34 51 34

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150 INDEX

E

Earthmoving equipment. See Specially constructed vehicle.

Edge line-meaning of term in regulations

Effective range, meaning of term in regulations

Emergency brake. See also Brake, Brakes, Braking system, Service brake, Spring Actuated emergency brakes-

meaning of. term in regulations

Emergency lane-not drive or leave vehicle standing upon unless necessary

Emergency vehicle­giving way to meaning of term in regulations

Emission control­Exhaust-

heavy duty vehicle .. light duty vehicle

vehicle vehicle engine

End bicycle way sign-meaning of term in regulations

End bus lane sign-meaning of term in regulations

End clearway sign-meaning of term in regulations

End of freeway sign-' meaning of term in regulations

End segregated footway sign­meaning of term in regulations

End shared footway sign­mea-ning of term in regulations

End transit lane sign-meaning of term in regulations

Endorsement-by Superintendent in the case of licensee's inability to supply

specimen of breath . driver's licence-

as to inability to provide specimen of breath . "spectacles" or "hearing" aids to be delivered by licensee to Superintendent for to extend scope

learner's permit, conditions and stipulations licence-

change of name and/or address restricting effect revoking or modifYing effect seizure for purposes of suspension or cancellation upon licence

meaning of term in regulations

Engine-crankcase gases replacement

stop, if necessary, to prevent noise

reg. 4 (1) (e).

4 (1) (e).

4 (l) (e).

S7A

37 4 (1) (e).

4 (l) (e).

4 (1) (e) .

4(\)(e).

183

4 (1) (e).

4 (l) (e) .

4 (1) (e).

182

182 117 134A lOS (2) 109 (3) (f).

138 134 (4) 134 (S) 136 (2) 134 (6) 137

4 (1) (e).

88A reg. 68 (8) and Table

reg. 8S

Page

6

37

26 6

92 92

91, 92 91

6

6

131

6

6

131

131 103 1\0 9S

lOl

111 110 llO 111 110 111

6

Sl 40, 41

so

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INDEX

Engine number-identification number to be stamped on engine of motor vehicle

Equipment-complying with Australian Design Rules, removal prohibited facilitation of proof .. loading use, inspection, and construction of vehicles

meaning of term for purposes of reg. 75 visibility of

Escorted vehicles-movement of. See Pilot Vehicles

Evidence. See Facilitation of proof.

Examination. See Inspection.

Exceeding speed limit when in excess is­less than 15 kilometres 15 kilometres or more than but less than 30 kilometres 30 kilometres or more

Excess Dimension Vehicle. See also Indivisible Loads, Pilot Vehicles. meaning of term driver to obey directions to have radio communication with pilot vehicle dimensions of indivisible loads and excess dimension vehicles

Exempted car. See also Taxis, Private Hire Cars

Exemptions from regulations-ambulance brigade driver compulsory wearing of seat belts Defence Force driver re driver's licence fire brigade driver powers of-

Commissioner . District Superintendent and Superintendent

road construction and maintenance tramway employees

Exemptions from wearing seat belts. See also Seat belts­age driver-

size, build, etc .. when reversing.

occupant-medical reasons nature of work .

passenger, size, build, etc. written authority from Commissioner for Transport

Exhaust-construction or fitting control for heavy duty vehicles crankcase gases shall not be permitted to escape into the

atmosphere extractors must comply with requirements of Clean Air regs. not to be projected directly on road or as to be likely to alarm

any animal not to project undue amount of smoke

Exhaust whistle. See Warning device.

Sch. (regs. Pt. 13), c. 78

Sch. (regs. Pt. 13), c. 5A reg. 92s (2)

Sch. (regs. Pt. 13), cc. 1-98, regs. 68, 92 reg. 75 (3)

75 (2)

regs. 50, 51, 52; Sch. B. regs. 50, 51, 52; Sch. B. regs. 50, 51, 52; Sch. B .

reg. 185 192 (4) 192 (5) 205

reg. 9 regs. 90s, 90D (6), (7) reg. 10

9

13 14; Sch. (regs. Pt. 13),

cc. I, 43 reg. 8

regs. 41, 153, 155

reg. 90s (3) (f)

90s (3) (c) 90s (3) (a)

90s (3) (b) 90s (3) (e) 90s (3) 90s (3) (h)

88A (2) Sch. (regs. Pt. 13), c. 99

reg. 88A (I) reg. 68 (8) (c).

88A (3)

88 (a) 88A (3)

151

Page

82

57 56

39, 56-90 47 47

33, 34, 139 33, 34, 139 33, 34, 139

132 134 134 136

12 52, 54

12 12

13

14, 56, 68 12

27, 119, 120

53

52 52

52 53 52 53

51 92

51 40 51

50 51

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!52

Facilitation of proof-as to date of manufacture of vehicle . breath test by police officer breath testing device certificates of breath or blood tests

INDEX

F

compliance of equipment with Australian Design Rules gross vehicle weight manual of Uniform Traffic Control Devises (Q'land) of-

Australian Design Rules certain matters re regulated parking traffic offence notices

Failing-to give way

to keep left to signal intention to wear seat belt

False information­furnishing .

Fees-Commissioner to determine when not prescribed for permit for driver's licence prescribed . shall be paid before any licence is issued, etc ...

Ferry, parking restrictions near

Firearms-loaded, not to be carried on trams not to be discharged on roads

Fire brigade-exemptions from regulations re driving of vehicle of giving way to vehicle deemed to be emergency vehicle warning devices on .

Fireworks, not to be set fire to or thrown on road

Flashing warning lights. See Lighting of vehicles.

Fog lamp. See Lighting of vehicles.

Following too closely-driver not to follow more closely than is reasonable to a long vehicle

Footrests, motor cycle

Footway­driving on .. exemption of employees of Australian Post parking prohibited on pedestrian to keep left on person not to leave to enter vehicle until vehicle stops

Forfeiture-of advertisements, handbills, etc.

Fork lift truck. See Specially constructed vehicles.

Forward, certain vehicles capable of being driven backwards and

Page

reg. 92B {l) 56 174 129 177 129 l78A, 1788 130 na (2) 56 92A 56 16 (2) 14

92c 56 59 38

140 (2), (3) 114, liS

regs. 34, 34A, 35, 36 (l), 24, 25, 26, 38, 39 {l); Sch. B . 139

reg. 24; Sch. B 21, 139 regs. 45, 46A; Sch. B 30, 32, 139

908 (l), 900 (4); Sch. B 52, 54, 139

reg. ll (l) (b). 13

13 (3) 13 172 (4) 128 172 (2) 127 172 (l) 127

55 (b) 35

155 120 lSI (2) (f). 119

9 12 37 26 4 (l) (e). 6

Sch. (regs. Pt. 13), c. 70 78

reg. lSI (2) (f) . 119

49; Sch. B 33, 139 31; Sch. B 22, 139

89 {l) (b), (4) .. 51

159 120 159 (3) 121 55 (b) 35 40 (a) 27 41 (b) 27

168 125

Sch. (regs. Pt. 13), c. 79 82

Page 155: “Queensland Statute Reprints” · “Queensland Statute Reprints” ... p. 186; 6 October 1979, pp. 586-587; 3 November 1979, ... PART 1 PRELIMINARY CiTATION

Forward control passenger vehicle­meaning of term in regulations

Freeway-meaning of term in regulations pedestrians and certain vehicles prohibited

Front and rear projection of motor vehicles

INDEX

Fuel systems for goods vehicles compliance with Australian Design Rules ..

Funeral processions. See also Procession­driving through may be diverted from any road

Games, not to be played on roads

Garage, occupier to keep register of repairs

Gases, control of emission of

Give way. See also Give way signs­children crossing choked intersection .. during turns emergency vehicles . entering or leaving road intersections meaning of term in regulations ·parked position, moving from pedestrian crossing .

G

prohibiting passing vehicle giving way at marked crossing regulations relating to roundabouts sign three way intersections to certain omnibuses to pilot vehicle escorted vehicles .. to restive horses

Give way signs­at bridge at intersection meaning of term in regulations rear of omnibuses, on

Giving way. See Give way.

Glare, prevention of

Glare, reduction in field of view .

Goods-restrictions on storing of, etc., on roads

Grease, dropping on carriageway, prevention of

Gross combination mass-meaning of term in regulations

Gross vehicle mass-meaning of term in regulations

Gross vehicle weight­facilitation of proof. meaning of term in regulation

Gross weight-allegation on averment in any complaint of gross vehicle weight particulars to be painted on omnibus, etc. . . . . . . . . . .

reg. 4 (I) (e).

183 184

Sch. (regs. Pt. 13), c. 66A

c. 99

reg. 125 125

151 (2) (b) ..

161

88A

39 (2) (a). 38 (3), (4) 35 37 38 (I), (2)

regs. 34, 35 reg. 33

36 (I) 39 39 (3)

regs. 33-39 regs. 34A

20 (8), (9) 34 36 (3) 37A 38A

20 (9) 20 (8) (b). 4 (I) (e).

36A

Sch. (regs. Pt. 13), c. 34

c. 99

reg. 151 (I) (a).

87

4 (I) (e)

4 (I) (e).

92A 4 (I) (e).

92A (I) Sch. (regs. Pt. 13), c. 85

153

Page

131 131

76

91

107 107

119

122

51

26 26 24 26 26 24 24 25 26 27

24-26 24

17, 18 24 25 26 26

18 18 6

25

66

91

118

50

6

56 6

56 84

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154

Ground clearance­general conditions meaning of term trailer or semi-trailer

Hand, to be kept on steering gear or handlebars

Handbills­forfeiture of permits required for distribution, etc . . seizure and detention, etc.

H

INDEX

Sch. (Regs. to Pt. 13), c. 49 50 51

reg. 90

168 (2), (3) regs. 126, 126A reg. 168 (1)

Handcarts, lighting of

Handlebars, hand to be kept on .

Sch. (regs. Pt. 13), c. 95 (1)

Head restraints, to comply with Australian Design Rule

Headlamps. See Lighting of vehicles.

Hearing aid, usc of by licensee

Heavy motor vehicle, meaning of term in regulations

Heavy vehicles, compliance with Australian Design Rules­seat belts exhaust control trailer braking system

Holder for registration label .

Horse-feeding in road give way to when restive removing winkers, bit, etc., of in road riding abreast of more than one other horse use of unbroken or undomesticated

Hours of darkness. See During hours of darkness.

Hydraulic brake hoses

Identification number of engine

Identification plate. See Compliance plate.

I

IdentifYing number and initial on receptacle for blood.

Indivisible Article-meaning of term loads-indivisible-See Pilot Vehicles.

Improper overtaking

Improper turns

Incapacitated Person-See also Wheelchairs­meaning of term

Inspection of vehicles-direction to repair, etc. known defects to be notified powers of authorised officer .

reg. 90

Sch. (regs. Pt. 13), c. 99

117

75A (1)

Sch. (regs. Pt. 13), c. 99 c. 99 c. 99

80

reg. 98 (2) (a) .. 38A 98 (2) (b).

157 (2) 98 (1)

Sch. (regs. Pt. 13), c. 99

c. 78

reg. 178(l)(v).

205 (1)

regs. 20 (5), (6), 23; Sch. B

43, 44, 47; Sch. B .

reg. 159B

91 (3) 91 (4) 92

Page

71 71 71

52

125 107 125

89

52

91

103

47

91 92 92

82

93 26 93

120 93

91

82

130

136

17, 20, 139

28, 32, 139

122

55 55 55

Page 157: “Queensland Statute Reprints” · “Queensland Statute Reprints” ... p. 186; 6 October 1979, pp. 586-587; 3 November 1979, ... PART 1 PRELIMINARY CiTATION

Inspection of vehicles-continued production may be required . removal for inspection, examination, test, etc. vehicle may be inspected

INDEX

Instrument panels, to comply with Australian Design Rules

Instruments, location of, to comply with Australian Design Rule

Interference with-notice of alleged offence

Internal sun visors, to comply with Australian Design Rule

Interpretation of regulations .

Intersection-centre line, not drive to right of within 30 metres . choked, not to enter giving way at meaning of term in regulations parking prohibitions on or near pedestrians, duty of when crossing road at roundabout, drive to left three way intersection turning at, duties when .

Itinerant musician, permit­condition fee required

Itinerant vendor-licence-

District Superintendent may refuse to certain persons fee required

not to stand except when executing sale

Junction. See Intersection.

"L" plates-may be required to be displayed . offence re use of

Laboratory test-

J

L

amount of specimen blood to be taken and procedure to follow presumption of, re specimen of blood specimen of blood for

Lamps. See Lighting of vehicles.

Latches, door, to comply with Australian Design Rule .

Leamer's permit. See also Driver's licence-holder of-

accumulation of points by may be required to display "L" plates when not to drive certain motor vehicles on roads

issue-by Superintendent cancellation of . conditions of District Superintendent may direct to person under 17 years

91 (2) 91 (5) 91 (I)

Sch. (regs. Pt. 13), c. 99

c. 99

reg. 141

Sch. (regs. Pt. 13), c. 99

reg. 4

reg. 25 3S (3)

regs. 34, 35 reg. 4 (I) (e).

55 (b) 40 (b) 29 34

regs. 35, 43, 44

reg. 121 172 (2) 121

120 172 (2) 119 (I) 119 (2)

109 (3) (e). 109 (4)

17S (I) ISO lSI

Sch. (regs. Pt. 13), c. 99

reg. lOSe (I) reg. 109 (3) (e).

109 (5), (6), (7)

109 (2) reg. lOSe (2)

109 (3) 109 (2)

155

Page

55 55 54

91

91

115

91

2

21 26 24 7

35 27 22 24

24, 2S

105 127 105

104 127 104 104

101 101

129 131 131

90

99 101 101

101 99

101 101

Page 158: “Queensland Statute Reprints” · “Queensland Statute Reprints” ... p. 186; 6 October 1979, pp. 586-587; 3 November 1979, ... PART 1 PRELIMINARY CiTATION

156 INDEX

Page

Leamer's permit. See also Driver's license-continued testing applicants fitness to hold .. reg. 109 (I) 101

Left, keep to the left of-centre-line . 25 21 double centre-line 30 22 general rule-

exceptions to 23 (I) 20 for driver to 22 20

of and near centre of carriageway ·when about to turn right on two-way carriageway 44 (I) (a). 2S

overtaking tramcar . 23 (2) 21 passing opposite vehicle 26 21 roundabouts 29 22 turning left at intersections reg. 43 2S

Left turn. See Turn left.

Level crossing-driving prohibited-

through crossing if carriageway beyond is blocked .. 4S (3) 33 through, under or around closed boom gate, etc. 4S (2) 33 to right of centre-line within 30 metres 25 21

meaning of term in regulations 4 (I) (e). s parking prohibited within 18 metres <?f the nearest rail of 55 (g) 36 stopping at 4S (I) 33

Liability-of owner re vehicle condition reg. 6S (3) 39 of Police Officers in respect of reports furnished 170 125

Licence. See also Disqualification, Driver's licence, Endorsement, Learn-er's permit, Permit-

appeal against decision of District Superintendent . 127 lOS applicant, fitness of to be determined 104 95 application to be made to Superintendent 103 94 articulated vehicle 117A 104 attendance of holder of at office of Superintendent when

required 139 112 cancellation or suspension, effect of 135 Ill conditions may be determined by District Superintendent 116 103 delivery of, by licensee of cancelled, suspended, and licences for

endorsement J34A 110 delivery of expired . 132 109 destruction or mutilation of. 130 109 duplicate 131 (2) 109 duration and renewal of 128 lOS endorsement of-

change of name or address 13S Ill in the case of being incapable to supply specimen of breath IS2 131

endorsement on 137 Ill fees-

for 172 (2) 127 for duplicate 172 (2) 127 payable before issue 172 (I) 127

itinerant vending 119 104 lost, stolen, etc. 131 (I) 109 motor truck 117A 104 not valid during period of cancellation or suspension 10SA (2) 9S points against traffic offenders under provisional license lOSe, Sch. B 99, 139 production and seizure of 136 Ill provisional licence-

cancellation when points total four or more lOSe (2) 99 in the case of interstate "P" plate holders driving in

Queensland 110 (I) (d). 102 issue of-

Superintendent may refuse regs. JQS, IQ8A, IOSD 97, 98, 99 issue for period not exceeding one year reg. IOSA (5) 9S may be issued otherwise than provisional licence if IOSA (3) 9S reissue of to previous holder of .. IOSo (a) 99 reconsideration of decision by District Superintendent . 127 lOS seizure of . 136 (2) Ill

Page 159: “Queensland Statute Reprints” · “Queensland Statute Reprints” ... p. 186; 6 October 1979, pp. 586-587; 3 November 1979, ... PART 1 PRELIMINARY CiTATION

Licence.-continued provisional licence-continued

stgnature by llcensee stall, stand, standing vehicle. surrender of suspension-

effect of or cancellation of

voluntary surrender or cancellation restricted provisional licence­

application for issue

Licensed vehicle-meaning of term in regulations

Light, creating danger may be removed

Lighting of vehicles-animal drawn vehicles-

clearance lamps and/or reflectors

front and rear lights

rear reflectors reflector requirements

INDEX

bicycles, tricycles, handcarts, barrows, etc., front and rear lights and reflectors

motor vehicles and/or trailers, etc.­brake lamps-

compulsory

rear lamps­optional

use of stop signals . clearance and side marker lamps, and reflectors other than

rear reflectors

flashing warning lights­emergency vehicles .

public utility service vehicles signalling devices may be used as fog lamps

glare, prevention of . . headlamps­

additional . alternative . compulsory-

motor cycles

other motor vehicles

three wheeled vehicles

dipping of.. . . . . . . . . four headlamps, in sets of two general requirements

interior lamps optional lamps and reflectors parking Iamps-

on motor cycles regulations as to

three wheeled vehicles wiring of and operation of compulsory

optional reflectors-

forward facing, optional . rear-

compulsory optional

115 118 133

135 134 133

108E

4 (I) (e).

18

69 (I), Sch. (regs. Pt. 13), cc. 90, 91 69 (I), Sch. (regs. Pt.

13), cc. 87, 88 .. Sch. (regs. Pt. 13), c. 89

92 reg. 69 (I), Sch. (regs. Pt.

13), c. 95

reg. 69 (I), Sch. (regs. Pt. 13), cc. 16, 17, 31

Sch. (regs. Pt. 13), cc. 31, 36

reg. 45 (4) regs. 69 (I), 70, Sch. (regs.

Pt. 13), cc. II, 15, 24, 30

Sch. (regs. Pt. 13), c. 42A J8A 42A (3) 71 (a), (b), Sch. (regs.

Pt. 13), c. 40 Sch. (Pt. 13), c. 34

c. 42 cc. 21, 22

reg. 69 (I), Sch. (regs. Pt. 13), c. 7

reg. 69 (!), Sch. (regs. Pt. 13), c. 6

reg. 69 (I), Sch. (regs. Pt. 13), c. 8

reg. 69 (2) . . . . Sch. (regs. Pt. 13), c. 6 (2)

cc. 6 (I), 19, 20 .. c. 38

cc. 35-42

7 (3), 22A (2) 6, 7, 8, 22A, 37 (J),

reg. 70 (2) (a) . c. 8

22A (3) cc. 8, I 0, 23, regs. 69

(1), (2) (b). c. 36

37 (2)

cc. 18, 32, reg. 69 (I). c. 36 (I) (b).

157

Page

103 104 110

Ill 110 110

99

15

43, 88, 89

43, 88 88 89

43, 89

43, 61, 65

65, 66 31

43, 59, 60, 63, 65

67 61 68

44, 67 66

67 63

. 43, 57

43, 57

43, 58 43 57

57, 62 67

66-67

58, 63 57, 58, 63, 67

43 58 63

58, 59, 63, 43 66

67

43, 61, 65 66

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158

Lighting of vehicles-continued motor vehicles and/or trailers, etc.-continued

reversing signal lamps­compulsory optional school bus.

signalling lamps. See also Brake lamps spot or search lamps stationary motor vehicles

trams. vehicle being towed

Light signals, direction given by .

INDEX

Limbs, of persons not to protrude through door, etc., of motor vehicle

Liquified Petroleum Gas (LPG)-label to be affixed to number plates meaning of term in regulations vehicles to comply with Australian Standard

Liquor. See Driving under influence. driver not to drink while driving

Loading-exceeding normal carrying capacity of vehicle . . . . . . . . maximum load of omnibus, motor trucks, etc., to be painted

thereon noise from. projection beyond prescribed limits removal of, falling upon road Securely fastened and parallel to sides space, vehicles generally view of driver and safe driving not to be affected .

Loading zone-meaning of term in regulations parking restrictions .

Loads, indivisible. See also pilot vehicles. meaning of term in regulations pilot vehicles to escort

Local Authority-written notification of views of to be obtained by applicants for

certain licences .

Location of instruments, to comply with Australian Design Rule

Locking device, in the case of a compression ignition engine

Locks, anti-theft, to comply with Australian Design Rule

Long vehicle-driver to keep 60 metres behind other vehicles meaning of term for purpose of reg. 31 restrictions on parking turns by

M Manual of Uniform Traffic Control Devices (Queensland)­

facilitation of proof re official traffic signs to be constructed, etc., in accordance with

procedures, etc.

Marked Lane, keep within

Maximum dimensions of vehicles. See Dimensions.

Maximum load, of omnibus, motor truck and motor utility truck, to

Sch. (regs. Pt. 13), c. 99 c. 36 (I) (c). C. 18B

cc. 39, 72, reg. 45 c. 41, reg. 71 (d)

reg. 70 72 74

regs. 19, 48 (I) (d) .

reg. 156 (5)

87A (b) 87A 87A (a)

reg. 144A

76

Sch. (regs. Pt. 13), c. 85 84 75

150 77

sch. (regs. Pt. 13), c. 66.< 78

55 (m) 55 (m)

205 (I) regs. 185-205

120 (e)

Sch. (regs. Pt. 13), c. 99

c. 868

99

reg. 31 (2), (3) 31 (I) 57 44A

reg. 16 (2), (3)

16 (I)

28

be painted thereon . Sch. (regs. Pt. 13), c. 85

Page

90 66 61

30, 67, 79 44, 67

43 44 45

15, 33

120

50 50 50

117

48

84 50 46

118 48 76 48

36 36

136 132-138

105

91

85

91

22 22 37 29

14

14

22

84

Page 161: “Queensland Statute Reprints” · “Queensland Statute Reprints” ... p. 186; 6 October 1979, pp. 586-587; 3 November 1979, ... PART 1 PRELIMINARY CiTATION

INDEX

Meaning-of term-

automatic transmission, for purpose of c. 86F .. child, for purposes of reg. 90o child restraint, for purposes of reg. 90o equipment, for purposes of reg. 75 give way . . . . ground clearance heavy motor vehicle, re portable warning signs long vehicle, for purposes of reg. 31 multi-laned road, for purposes of reg. 144 painting, for purposes of s. 58 reagent ampoule repairs, for purposes of s. 58 repeater horn school, for purposes of reg. 164 standard alcohol solution wear and wearing, re safety helmets

of terms in regulations of words, figures, symbols on official traffic signs

Mechanical order-driver to report vehicle not in good owner's liability re . vehicles

Medical certificate, persons exempted from wearing seat belt

Medical practitioner-amount of specimen blood to be taken and procedure to follow breath analysis procedure to follow by certificate by analysis re blood test not to use alcohol or other as cleaner in laboratory test shall affix identifYing number and initials to container of

specimen specimen of blood to be taken by veni-puncture

Meetings-on roads, permit to be held for Superintendent may prohibit

Member of Police Force, See Police officer.

Minding vehicles

Minister-may direct forfeiture of advertisements, handbills, etc ...

Mirror, See Rear vision mirror.

Missiles, not to be thrown on roads

Mobile crane, See Specially constructed vehicle.

Moped compliance with Australian Design Rules­

braking systems

noise learner's permit meaning of term in regulations motor vehicle licence authority to drive safety helmets to be worn

Motor cycle-brake systems, compliance with Australian Design Rules driver to keep-

feet on footrests hand on handlebars

driver to wear safety helmet. front and rear projections learner's permit, restriction on driving, by holder of

Sch. (regs. Pt. 13), c. 86F reg. 90o (I)

90o (I) 75 (3) 33

Sch. (regs. Pt. 13), c. 50 reg. 75A

31 (I) 144 (2) (a). 161 (c) 173 161 (b)

Sch. (regs. Pt. 13), c. 70 reg.

regs.

reg.

164 (II) 173 90A (4) 4

17

68 (2) 68 (3) 68 (I)

90s (3), 90o (6)

178 (I) 174 178 (5) 178 (I) (ii).

178 (I) (v). 178 (I)

123 (I), (2) 123 (3)

162

168

151 (2) (f) ..

Sch. (regs. Pt. 13), c. 99

c. 99 reg. 109 (5), (6)

4 (I) (e). 105 (I) 90.\

Sch. (regs. Pt. 13), c. 99

reg. 89 (4) 90 90A (I)

Sch. (regs. Pt. 13), 66B. reg. 109 (5), (6)

159

Page

86 53 53 47 24 71 47 22

116 123 128 122 78

124 128 52

2 14

39 39 39

52, 54

129 129 130 129

130 129

105 105

123

125

119

91 92

101 8

95 52

91

51 52 52 77

101

Page 162: “Queensland Statute Reprints” · “Queensland Statute Reprints” ... p. 186; 6 October 1979, pp. 586-587; 3 November 1979, ... PART 1 PRELIMINARY CiTATION

160

Motor cycle-continued lighting­

headlamp­generally

motor cycle with side-car . flashing turn signalling lamp

parking lamps reversing signal lamps not required wiring and operation of.

noise, to comply with Australian Design rules pillion rider to wear safety helmet pillion riding

safety helmets to be worn side-car, not to be overloaded special conditions for-

brakes .. fitting for plates holder for label pillion riding projections side-car silencers

speed limits of, with small engine . . . . trailers drawn by, fitting of clearance lamps

Motor truck, See also Motor vehicle­information to be painted on licence restriction

Motor utility truck. See also Motor vehicle­information to be painted on

INDEX

Motor vehicle chassis, meaning of term in regulations .

Motor vehicles. See also Lighting of vehicles, Vehicle­a person shall not remove any parts from a vehicle and trailer, total length . anti-theft locks, all passenger cars and derivatives thereof automatic transmission must comply with Australian Design

Rules .. body or limbs not to protrude through doors, etc., of .. compliance plate to be fitted to certain . . . . . . . crankcase gases defective, reporting of . . . . . . . . . . door latches and door retention components drawing a trailer, restriction, when following another drawing vehicle, other than trailer engine causing noise, stop where necessary . . . . . equipped with fuel burning, living or sleeping facilities exhaust from facilitation of proof-

as to date of manufacture of vehicle . compliance of equipment with Australian Design Rules gross vehicle weight of Australian Design Rules

follow too closely, prohibited general condition for-

avoidance of danger, smell, smoke, etc. brakes. dimensions engine numbers fittings for number plates ground clearance lubrication, carburetion, and exhaust . noise and vibration. overhang, rear and loading space rear vision mirror safety glass signalling device silencer steering gear travelling backwards or forwards tyres

Sch. (regs. Pt. 13), c. 7 (I) (2) c. 7 (3) . . . . .

Sch. (regs. Pt. 13), c. 72 (I) 22A (2) 99 22A (3)

c. 99 reg. 90A (2) reg. 89 (I), (2), Sch. (regs.

Pt. 13), c. 84 90A 89 (3)

Sch. (regs. Pt. 13), c. 59 c. 74

reg. 80 84 668 (1), (2) 83 76 52 . . . . . . . .

Sch. (regs. Pt. 13), c. 13 (2)

c. 85 reg. 117A

c. 85

reg. 4 (I) (e).

Sch. (regs. Pt. 13), c. 5A cc. 43, 44 c. 99

99 reg. !56 (5) . . . .

Sch. (regs. Pt. !3), c. 86D reg. 88A

68 (2) Sch. (regs. Pt. 13),. c. 99

reg. 31 74

regs. 84, 85 Sch. (regs. Pt. 13), c. 86A

regs. 88, 88A

reg. 928 (I) 928 (2) 92A 92c 49

Sch. (regs. Pt. 13), c. 75 cc. 57-63

43-46, reg. 75 . c. 78

74 cc. 49-51 c. 75

75 66A 73 68 72 76 64 79

cc. 82, 99

Page

57 58 79 63 90 63 92 52

51, 84 52 51

74 81 82 84 77 84 82 34 60

84 104

84

57 68 91

91 120 86 51 39 90 22 45 50 85

50, 51

56 56 56 56 33

82 72-76

68-69, 46 82 81 71 82 82 76 81 77 79 82 76 82

83, 91

Page 163: “Queensland Statute Reprints” · “Queensland Statute Reprints” ... p. 186; 6 October 1979, pp. 586-587; 3 November 1979, ... PART 1 PRELIMINARY CiTATION

INDEX

Motor Vehicles, see also Lighting of vehicles, Vehicle-continued-General condition for- · · -- --- - -

view, drivers warning device . windscreen wipers

Sch. (regs. Pt. 13), c. 77

head restraints, all passenger cars and derivatives thereof instrument panels to comply with Australian Design Rules internal sun visors to be fitted to "e' plate, restrictions on use of .. loading space . . . . . . . . . . . . . . . . noise compliance with Australian Design Rules noisy instruments odometers . . . . . . ,. . . . . . owner's consent to anor.·her driving replacement engines . . . . . . register of repairs with respect to repaired or painted, register to be kept rear overhang seat belts, See Seat belts. silencer on .. speed limits during hours of darkness, where no dipping device speed restrictions speedometer, requirements in case of steering gear, hand to be kept on unattended, duties of drivers .. ventilation, goods carrying vehicle visibility of equipment, etc .. warning devices, restricting waste oil and grease from windscreen-

demisting equipment to Rules

comply with Australian Design

to be kept clean and clear

Motorised Wheelchairs. See wheelchairs.

Mud, or water not to splashed on other road users

Mudguards-and rear markings on bicycles

Multi-laned road-driver to use left lane meaning of term in regulations

Mul~i~purpose passenger car, meaning of term in i'egulations

N

Name and Address-to be painted on certain vehicles

Near-side. See Left.

Noise-amplification or reproduction of words, music, etc. attracting crowd · caused by instruments

70 71 99 99 99

reg. 109 (3),(4). . . . Sch. (regs. Pt. 13), c. 66A Sch. (regs. Pt. 13), c. 99

reg. 86 . . . . . . Sch. (regs. Pt. 13), c. 86r.

reg. 68 (6) 68 (8)

161 161 . . . . . .

Sch. (regs. Pt. 13), c. 66A

reg. 81 51

regs. 49-53 Sch. (regs. Pt. 13), c. 86E

reg. 90 143 . . . . . .

Sch. (regs. Pt. 13), c. 81 reg. 75 (2)

83 87

Sch. (regs. Pt. 13), c. 99 reg. 80

79

Sch. (regs. Pt. 13), cc. 52-56 c. 98

reg. 144 (2) (b). 144 (2) (a).

4(l)(e).

Sch. (regs. Pt. 13), c. 85

reg. 122 145 86 84 condition and loading of vehicle . . . .

engine or motor, general conditions for . . Sch. (regs. Pt. 13), c. 75 (4), 76

engine to stop, where necessary . . . . . . . . . . . . motor vehicle compliance with Australian Design Rules not drive vehicle causing undue .

Notice-

6

of alleged offence, persons shall not remove, deface or interfere with

under regulations to be complied with

reg. 85 Sch. (regs. Pt. 13), c. 99

reg. 84

141 11 (!)(a).

Page

161

82 78 78 91 91 91

100-101 76 91 50 87 40 40

122 122 76

49 34

33-34 86 52

116 82 47 49 50

91 49

49

71-72 90

116 116

9

84

105 117 50 50

82 50 91 50

115 13

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162 INDEX

Notices on roads

Number, See Chassis, Engine number,

Number Plates-position and fitting ,

Obstruction-by-

goods and other articles , person selling goods

0

standing vehicle where person soliciting employment or busi­ness without permit

of-driver's view vehicles upon road .

on carriageway .

Occupant, exemption of, from wearing seat belts, medical reasons

Offence-failure to comply with order, notice, signal, direction, etc., under

regulations.

Offensive, or indecent articles or substances not to be carried on roads so as to inconvenience, etc . .

Officer in charge of police station, See Superintendent,

Official traffic sign, See also Centre-line, Double centre-line, Marked crossing, Stop line, Traffic control light signals, Traffic line-

directions given by traffic control light signals existing sign to be general authority for construction of , including words "children crossing" duties of drivers indicating standing restrictions near-

bus stop tram stop

meaning of certain words, figures, etc. obedience to parking method indicated by to be followed requirements for construction, making, etc. speed varied by

Off-side, See Right, Oil, waste, dropping on carriageway, prevention of

Omnibus-age of driver articulated, special limit exemption containers to be kept under control and removed by passengers doors shall be closed driver to give way, signal etc. "give way" sign may be displayed information to be painted on persons not to ride on any part of not designed or intended for

the carriage of passengers priority for

Omnibus stand, meaning of term in regulations

Omnibus stop, restriction as to stopping in or near

One-way carriageway-dOve in direction indicated by official traffic signs on meaning of term in regulations

Page

regs, 126, 126B 107, 108

Sch, (reg, PL 13), c, 74 81

reg, !51 (I) 118 151 (2) 119

147 118

78 48 144 116 149A 118

regs. 90B (3) (b), 90D (6) 52, 54

reg, II (I) 13

!51 (2) (c). 119

19 15 3 (3) 2

16 14 39 (2) 26

55 (f) 36 55 (e) 36 17 14 20, 32 16, 22 54 35 16 14 50 33

87 50

106 (2), (3) 96 50 (3) 34

!54 (2) 119 146 (2) 118 36 25 36A 25

Sch, (regs, Pt, 13), c, 85 84

reg. !54 119 36A 25

4 (I) (e), 9

55 (f) 36

20 (2) 17 4 (I) (e), 9

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Overhang-rear and loading space

Overtaking. See also Passing­centre-line when not to cross duty when being overtaken improper long vehicle turning left or right .. not drive in front of overtaken vehicle until safe on bicycle lanes and bicycle paths pass on-

left in lanes left to tram right generally

use of lanes vehicle turning right

Owner-

INDEX

driver not to permit another to drive without consent of liability of. omnibus, motor truck and motor utility truck, name and address

of, etc., to be painted on . . . . . . . . . . . . . . permit inspection of vehicle and may be directed to repair. provide and retain report form reporting of vehicle in defective mechanical order to required to remove or modify light creating danger to traffic

p

Painting, meaning of term for purposes of s. 58

Parallel parking-meaning of term in regulations to be used where no other method indicated

Parking. See also Centre parking, Parallel parking, Regulated parking, Standing-

motor cycles, without sidecar obstruction or delay, not to be caused by. official traffic sign, manner indicated by parallel, to be general method police officer may direct-

restrictions­abreast intersection, footway, level crossing, bridge, etc. leave 3 metres unobstructed carriageway loading zone long vehicles near-

ambulance bay . bicycle lane bus lane bus stop clearway double centre line emergency lane grade or curve . level crossing loading zone marked centre line postal pillar stall tram stop transit lane

Sch. (regs. Pt. 13), c. 66A

25 27

regs. 23, 26, Sch. B 23 (6)

reg. 23 (4) l59A

23 (l) 23 (2) 23 (l) 24 23 (3)

68 (6) 68 (3)

Sch. (regs. Pt. 13), c. 85 reg. 91

68 (4) 68 (2) 18

161 (c)

4 (l) (e). 54

54 (l) (d). 54 (2) (c). 54 (l) (b). 54 (l) (a).

reg. 55 (a) 55 (b) 54 (2) (b). 54 (1) (e).

regs. 54 (1) (c), 57

reg. 55 (k) 55 (n) 55 (j) 55 (f) 55 (l) 55 (d) 57 (a) 55 (h) 55 (g) 55 (m) 54 (2) (b). 55 (c) 55 (a) 55 (e) 55 (i)

Page

163

76

21 21

20, 21, 139 21 21

121

20 21 20 21 21

40 39

84 54 39 39 15

123

9 35

35 35 35 35

35 35 35 35

35, 37

36 37 36 36 36 36 37 36 36 36 35 35 35 36 36

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164

Parking-continued police officers may direct-continued

within-area set apart for parking one metre of other vehicle marked bay

Parking area-centre of carriageway, not reverse out of . yield rigbt of way when moving into or out of

Parking lamp, See Lighting of vehicles.

Parking offence. See Traffic offences.

Parties to offences

INDEX

Partitions, in vehicles, requirements re safety glass, etc.

Parts of regulations.

Passenger-duties of, on omnibuses, tramcars exempted from wearing seat belts in the case of medical

certificate may occupy seat position not fitted with seat belt . no part ofbody or limbs of to be in contact with external footboard,

etc., or to protrude through external door, etc. not to be carried outside vehicle. not to interfere with control of vehicle not to occupy driver's seat on rigbt side of driver. occupying a seat with seat belt fitted . shall not occupy a seat with seat belt not fitted unless .. to wear seat belt

Passenger car-meaning of term in regulations multi-purpose. See Multi-purpose passenger car.

Passenger car derivative, meaning of term in regulations

Passenger cars and derivatives thereof, meaning of term in regulations.

Passing. See also Overtaking_:_ not pass on rigbt of vehicle making or apparently about to make

a rigbt turn on left, in lanes tramcar, keep to left vehicle travelling in opposite direction, keep left vehicle turning rigbt at intersection, keep to rigbt of vehicle trav­

elling in opposite direction also turning, if practicable . vehicle giving way at marked crossing prohibited

Pedestrian-avoid collision . blind cross carriageway by shortest and most direct route drivers to give way to when entering or leaving road keep left-

of other pedestrians on intersections . on footway or pedestrian crossing

ligbt signals to . prescribed police signals to proceed to footway upon leaving vehicle .. restrictions and prohibitions re-

aligbting from or boarding moving vehicle segregated footway and bicycle paths . entering carriageway within 20 metres of crossing . freeways obstructing, etc., footway proceeding from footway to board vehicle until it has

stopped proceeding more than two abreast on carriageway . remaining unduly on pedestrian crossing .

reg. 54 (2) (e) . 54 (2) (a). 54 (2) (d).

36 (2) 36 (I)

12

Sch. (regs. Pt. 13), c. 68

reg.

regs. 153, 154, 155 reg.

90s (3) (d), 90n 90s (2)

156 (5) 156 (I) 78 (3)

156 (2) 90s (I) 90s (2)

regs. 90s (1), 90n

reg. 4 (I) (e).

4 (I) (e).

4(l)(e) ..

23 (3) 23 23 (2) 26

44 39 (3)

42 (6) 42A 40 (c) 38 (I)

40 (b) 40 (a) 19 (I) 21

reg. 40 (d)

41 (c) 41 (f) 42 (4)

184 41 (e)

41 (b) 42 (3) 41 (d)

Page

35 35 35

25 25

13

77

119, 120

52, 53 52

120 120 49

120 52 52

52, 53

9

9

21 20 21 21

28 27

28 28 27 26

27 27 15 18 27

27 27 28

131 27

27 28 27

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INDEX

Pedestrian-continued restrictions and prohibitions re-continued

standing on carriageway except in safety zone. walk-

on footway where available . on right of carriageway .

Pedestrian crossing­driver-

give way to pedestrian on not to enter where vehicle ahead stopped at

meaning of term in regulations pedestrian-

keep to left on . not to cross outside of and within 20 metres of not to remain on unduly

school patrols and supervisors

Penalties-applying subsections of the Act to prescribe offences under reg.

140 regulated parking traffic offences

Permit. See also Learner's permit, Licence­advertisements, carrying of, etc. amplification, etc., words or music attract crowd by noise fee for-

Commissioner may fix where not prescribed prescribed ..

handbills, throwing of issue of generally itinerant-

musician vendor

meeting on roads processions (other than funerals) on roads standing vehicle upon road while soliciting business, etc. to carry placard, board, notice or sign unbroken horse, etc., upon roads

Petrol, unleaded, mandatory operation on-. vehicles to comply with Australian design rules

Pillion riding, on motor cycles, See Motor cycle.

Pilot Vehicle-dimensions of indivisible loads and excess dimension vehicles . distance from excess dimensions vehicle driver to give directions driver to hold current pilot vehicle licence, except primary

producer lighting requirements markings to be removed prior to disposal meaning of term operator to hold current driver's licence

other persons travelling in permission of District Supt. may be required . primary producer may operate requireme;nts in western areas of State signs to be displayed to have radio communication with excess dimension vehicle equipment.

Pilot Vehicle Driver's licence-

7

appeal against refusal to issue or renew application for . applicant to hold current driver's licence . cancellation or suspension change of name and address to be notified driver's licence to be held for 3 years duplicate licence, to replace lost, destroyed licences etc. duration of licence or renewed licence

165

Page

reg. 41 (a) 27

42 (I) 28 42 (2) 28

39 (I) 26 39 (2) 26 4 (I) (e) .. 9

40 (a) 27 42 (4) 28 41 (d) 27

164 123

142 115 58 38

140 112

126 107 122 105 145 117

13 13 172 127

regs. 126, 126A 107 reg. 14 14

121 105 119 104 123 105 124 (I) 106 147 118

regs. 126, !26B 107, 108 reg. 98 93

Sch. (regs. Pt. 13) c99 92

205 136 192 (2) 134 192 (3) 134

191 (2) 134 192 (6) 134 202 136 185 132 190 (I) (a), 190 (2)

(c) 133, 134 190 (2) (d). 134 190 (2) (a), (b) .. 134 190 (I) (b). 133 205 (7) 138 192 (I) 134 192 (5) 134

Sch. c .. 140

reg. 127, 186 (2) 108, 132 186 (I) 132 188 (2) (i) . 133 194,.195 134, 135 196 135 188 (2) (ii). 133 200 136 189 (I) 133

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166

Pilot Vehicle Driver's licence-continued expired licence to be delivered fitness of applicant .

holders may surrender holder not to drive unlicensed pilot vehicle

INDEX

holder to surrender when not holder of drivers' licence licence not to be wilfully mutilated, destroyed etc. licence to be produced on demand meaning of term offences photographs of applicant required primary producer exempt from holding proficiency may be tested records-

to be maintained and kept in accessible place. to be produced on demand

renewal to be effected by

Pilot Vehicle Licence-appeal against refusal to issue or renew application for . cancellation or suspension change of name and address to be notified conditions to be complied with duplicate to be obtained to replace, lost, destroyed licence etc. duration of licence or renewed licence expired licences to be delivered fitness of applicant .

holder may surrender holder not to permit unlicensed driving holder to comply with Wireless Telegraphy Act licence not to be wilfully mutilated or destroyed etc. meaning of term not capable of transfer offences primary producer exempt from holding renewal to be effected by suitability of vehicle and equipment . to authorise-

operation of specified vehicles place of business

Placards on roads

Points, provisional licence, traffic offenders

Pole-type trailer, meaning of tenri in regulations

Police officer. See also Authorised officer, Commissioner, District Super­intendent, Superintendent-

breath test by facilitation of proof defence force driver to produce driving licence, permit or authority

to. directions by, concerning-

doing acts, etc., which would authorise constitute offence against regulations

driving through procession vehicle drivers passing stationary trams

directions, obedience to . driver's license issued outside Queensland to be produced to inspection, etc., of vehicles by licences-

expired, etc., seizure of by seizure where offence suspected, etc.

meaning of term in regulations protection of queues may be prohibited or controlled by removal of vehicle for inspection, etc. reports-

no liability in respect of certain of vehicle defect to be produced to

reg. 201 104, 188 (2) (b), 189

(3) 197 191 (I) (a). 193 199 198 185 204 188 (I) 190 (I) (b), 191 (2) .. 188 (3)

203 203 189 (2)

127, 186 (2) 186 (I) 194, 195 196 190 (2) 200 189 (I) 201 104, 187 (1), 188 (2)

(b), 189 (3) 197 190 (2) 187 (4) 199 185 187 (2) (c). 204 190 (I) (b). 189 (2)

Sch. c., 187 (1), (3)

reg. 187 (2) (a). 187 (2) (b).

regs. 126, 1268

reg. lOSe, Sch. B

4 (I) (e).

177

10

II (2) 124 (5) 101 (3) (b).

regs. 7, 21 (I) reg. IIOA

regs. 91, 92

reg. 132 136 (2)

4 (I) (e). 170 163 91 (5)

170 68 (4) (b).

Page

136

95, 133 135 134 134 135 135 132 136 133

133, 134 133

136 136 133

108, 132 132

134, 135 135 134 136 133 136

95, 132, 133 135 134 132 135 132 132 136, 133 133

132, 140

132 132

107, 108

99, 139

129

12

13 106 94

12, 18 102

54, 55

109 Ill

9 125 123 55

125 39

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INDEX

Police officer-continued request discontinuance ol Window ·display when directed by

Superintendent. seizure, detention, etc., of things unlawfully carried seizure, removal, etc., of stalls, etc., by signals of-

obedience to prescribed .

temporary stands may be appointed by testing driving ability of holder of learner's permit

Police reports, furnishing of, to other Departments, etc.

Police signals, prescribed

Portable warning signs-carrying of in heavy motor vehicles compliance of heavy motor vehicles registered outside

Queensland displaying of signs around heavy motor vehicle shape, size, construction, order and condition of visibility and clearness to another driver .

Postal letter box, no parking nearer than 3 metres of

Precedence of vehicles on roads .

Prescribed signals-driver's "turn right", "turn left" and "stop" police.

Presumptions. See Facilitation of proof.

Principal-meaning of term in reg. 164, re school patrols and suP.,rvisors ..

Private Hire Car. See Taxis, exempted cabs.

Privilege, interstate licence, suspension of for 24 hours following breath analysis

Procession. See also Funeral procession­driving through funeral, may be diverted from any road permit required when for other than funeral purposes . Superintendent may prohibit

Prohibited on Freeway sign­meaning of term in regulations

Projection at front and rear of motor cycle, special conditions for

Proof-facilitation of. See Facilitation of proof.

Protection of Minister, etc.

Provisional licence. See also Driver's licence­accumulation of points by holder of . application form (s. 20A) points against traffic offenders

Public stand-may be appointed, altered or abolished meaning of term in regulations savings re appointed under repealed regulations temporary.

Public vehicle. See also Omnibus, Licensed vehicle, Tram­meaning of term in regulations

reg.

regs. reg.

145 168 167

7, 21 (I) 21 (2)

166 109 (5) (b).

170

21 (2)

75A (2)

75A (3) 75A (2) 75A (4) 75A (5)

55 (c)

144

45 (4), (5), (6) 21 (2)

164 (II)

110 (3)

124 (5) 125 124 (I), (2), (3) 124 (3)

183

Sch. (regs. Pt. 13), c. 66B

reg. 170

108c (I) 108E 108c, Sch. B

reg. 165 (I) 4(l)(e).

165 (2) 166

4 (I) (e).

167

Page

117 125 125

12, 18 18

124 101

125

18

47

47 47 47 48

35

116

31 18

124

102

106 107 106 106

133

77

125

99 99

99, 139

124 9

124 124

9

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168

Queues, may be prohibited by police officer

Railway. See Level crossing.

Reagent ampoule-

Q

R

certificate by analyst as to test-checking endorsed with manufacturer's contrOl number meaning of term in regulations ·

Rear-end protection, semi-trailer . .

Rear lamps. See Lighting of vehicles.

Rear overhang-meaning of term in regulations vehicles generally ..

Rear plates, position and fitting

Rear vision mirror-all vehicles to be fitted with ..

INDEX

certain vehicles· to be fitted with internal and external . general conditions for to comply with Australian Design Rules

Reflectors. See Lighting of vehicles.

Register, of motor vehicles repaired or painted

Registration label, requirement for holders of.

Registration plate. See also Number Plates.

Regrooving, of a lyre

Regulating parking. See also Parallel parking­facilitation of proof. . payment of penalty. penalties, etc. person who contravenes or fails to comply

Regulations-meaning of terms in regulations .

Removal. See also Seizure-of any parts or equipment from a vehicle of light creating danger to traffic . of vehicle for inspection

Repairs-meaning of term for purposes of s. 58

Repeal of­regulations.

Repeater horn. See Warning device­meaning of term in regulations

Reservation-meaning of term in regulations where road divided by, driver to cross from one carriageway to

another at place designed, etc., for vehicular traffic

Retreading-of Tyres

reg. 163

176 174 (c) 173

Sch. (regs. Pt. 13), c. 86c:

reg. 4 (I) (e) . Sch. (regs. Pt. 13), c. 66A

Sch. (regs. Pt. 13), c. 74 .

c. 73 (I) cc. 73 (2), 99 c. 73 (2), (3), (4)

99

reg. 161

Sch. (regs. Pt. 13), c. 80

c. 82 (2)

reg. 59 58 (3) 58 (2) 58 (!)

4 (I) (e).

Sch. (regs. Pt. 13), c. 5A reg. 18

91

161 (b)

Sch. (regs. Pt. 13), c. 70

reg. 4 (I) (e).

!59

Sch. (regs. Pt. 13), c. 82 (3)

Page

123

129 129 128

85

9 76

81

81 81, 91

81 91

122

82

83

38 38 38 38

10

57 15 54

122

78

10

120

83

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Reve·rsing­alann. duties of driver

INDEX

exemption of driver from wearing seat belt when . lamps-

compulsory optional

of vehicle from centre parking area prohibited vehicle to be capable of ..

Riding, horses abreast upon the carriageway

"Right" or "Off-side"-centre-line, when not to drive to right of . not to pass to right of vehicle making or about to make right

turn overtaking, keep to right when, generally . two-way carriageway divided into three lanes, not drive in extreme

right hand lane when may pass to right of other vehicle at inspection .

Rims of wheels, must comply with Australian Design Rules

Road-application of regulations to drivers and pedestrians casting or throwing things on construction of reference to in regulations damage to. dangerous objects on divided, duty on interference or damage to obstruction, etc., on

Road construction, Parts 5, 8, and 11 of regulations not to apply to driver operating vehicle on

Road in a built up area-dipping of headlights in .. meaning of term in regulations parking long vehicle on carriageway of speed limits on use of certain animals, etc., on

Road making and road maintenance equipment. See Specially con­structed vehicle.

Roads. See Road.

Roundabout-keep to left of centre traffic island meaning of term in regulations

Safety constructions on trailers. See also Trailer

Safety glass-compliance with Australian Design Rule vehicles to be fitted with

Safety helmets-driver of motor cycle or moped shall­

not carry a person unless wearing wear

meaning of term in regulations passenger to wear

s

to comply with Australian Standard for safety helmets or for protective helmets for vehicle users

Sch. (regs. Pt. 13), c. 70A 158 90s (3) (a)

Sch. (regs. Pt. 13), c. 99 c. 36 (1) (c) ..

reg. 36 (2) Sch. (regs. Pt 13), c. 79

reg. 157 (2)

25

23 (3) 23 (1)

24 35

Sch. (regs. Pt. 13), c. 99

reg. 5 148

4 (1) (d) .. 149 152 32

149 151

reg. 69 (2) 4 (1) (e).

57 50 98

29 4 (I) (e) ..

Sch. (regs. Pt. 13), c. 47R

c. 99 cc. 68, 99

reg. 90A (2) 90A (l) 90A (4) 90A (1)

90A (3)

169

Page

78 120 52

90 66 25 82

120

21

21 20

21 24

91

12 118

3 118 119 22

118 118

12

43 10 37 33 93

22 10

70

91 77, 91

52 52 52 52

52

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170 INDEX

Safety zone-duties of drivers (other than drivers of trams) in relation to meaning of term in regulations person not to stand on carriageway when waiting for vehicles,

other than in

Savings-with respect to repealed regulations

Schedule-meaning of term in regulations to regulations-

form part of regulations . . . . . . . . . . . Schedule to Part 13, construction and equipment

School, meaning of term in reg. 164 re school patrols and supervisors

School bus-meaning of term in regulations speed restrictions warning device-lamps and signs­

operation of fitting of

School crossing­driver, duties of meaning of term in regulations

School patrols and supervisors­general requirements re . may be authorised by District Superintendent

Seat anchorages, to comply with Australian Design Rule

Seat belts-anchorage points­

front rear to comply with Australian Design Rule child restraining devices driving while child not restrained

exemption from wearing-age driver-

size, build, etc . . taxi drivers when reversing .

occupant-medical reasons

nature of work . passenger, size, build, etc.

written authority from Commissioner for Transport front occupant to wear passenger may occupy seat position not fitted with rear sale of which do not comply with Australian Design Rule . to be fitted in compliance with Australian Design Rule to comply with Australian Design Rule

Segregated footway-meaning of term in regulations

Segregated footway sign-meaning of term in regulations use by bicyclists and pedestrians ..

Seizure-stalls, goods, etc., upon roads things unlawfully carried, etc.

reg. 102 4 (I) (e).

41 (a)

4 (I) (e).

15 Sch. (regs. Pt. 13), cc. 1-98 .

reg. 164 (II)

4 (I) (e). 50 (I) (b).

reg. 46A Sch. (regs. Pt .. 1.3), ·c·. ISn

39 (2) reg. 4 (I) (e).

164 164 (I)

Sch. (regs. Pt. 13), c. 99

c. 99 99

reg. 908 (5) 90c 90D (3), (4)

90B (3) (f)

90s (3) (c) 90B (3) (g) 90s (3) (a)

regs. 90B (3) (b), 90D (6) (a)

reg. 90s (3) (e) regs. 90s (3) (d), 90n (6)

(a) reg. 90B (3) (h)

Sch. (regs. Pt. 13), c. 99 reg. 90B (I)

90B (2) Sch. (regs. Pt. 13) c. 99

regs. 90s (6) (a), 90c reg. 90B (6) (b)

90B (5)

4 (I) (e).

4 (I) (e). 159A

167 168

Page

94 10

27

10

14 56-90

124

10 33

32 61

26 10

123 123

91

91 91 53 53 54

53

52 53 52

52, 54 53

52, 54 53

90, 91 52 52

90, 91 53 53 53

10

10 121

125

125

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Semi-trailer. See also Lighting of vehicles­meaning of term in regulations rear end protection .

INDEX

to be securely fastened to forward portion of articulated vehicle

Separation line, meaning of term in regulations

Service brake, See also Brake, Brakes, Braking system, Emergency brake, Spring actuated emergency brakes-

meaning of term in regulations

Shared footway-meaning of term in regulations use by bicyclists and pedestrians .

Shared footway sign-meaning of term in regulations use by bicyclists and pedestrians ..

Side-car. See also Lighting of vehicles, Motor cycles­lighting. See Motor cycles. not to overloaded special conditions for

Side door strength compliance with Australian Design Rule

Side marker lamp. See also Lighting of vehicles­meaing of term in regulations

Sign. See also Official traffic sign­creating danger, may be removed damage or interference to roads by for advertising . meaning of term in regulations permit to carry, when they do not comply

Signal intention, fail to give .

Signalling devices. See also Brake lamp­certain vehicles to be equipped with .. general conditions re may be used-

as flashing warning lights to signal intention to stop or turn

shall be in compliance with Australian Design Rule use of.

Signals-hand, by police officer to be. obeyed by drivers and pedestrians. no ••u" turns at intersections where traffic lights operating .. prescribed-

drivers police.

school bus. to be given to indicate intention of turning traffic control light

Signs. See also Portable warning signs, Official traffic signs .

Silencer-general conditions re on motor vehicle

Si~en-giving way to emergency vehicle sounding not to be fitted unless approved by Commissioner

Special Constructed Vehicle-meaning of term in regulations reversing signal lamps not required

reg. 4 (I) (e) .. Sch. (regs. Pt. 13), c. 86c

c. 48 (2)

reg. 4 (I) (e) ..

4(l)(e).

4 (I) (e) .. J59A

4 (I) (e). J59A

89 (3) Sch. (regs. Pt. 13), c. 83

c. 99

reg. 4 (I) (e).

18 J49A 126

4 (I) (e). J26B

45, Sch. B

Sch. (regs. Pt. 13), c. 99 c. 72

42A (3) reg. 45

Sch. (regs. Pt. 13), c. 99 reg. 46

regs. 7, 21 (I) reg. 47 (b)

45 (4), (5). 21 (2) 46A (a) 45 (I), (2), (3) 19

75A

Sch. (regs. Pt. 13), c. 76 reg. 81

37 Sch. (regs. Pt. 13), c. 70

reg. 4 (I) (e).. . . Sch. (regs. Pt. 13), c. 99

171

Page

10 85 71

10

10

10 121

10 121

51 84

91

10

15 118 107

II 108

30, 139

91 79

68 30 91 32

12, 18 32

31 18 32 30 15

47

82 49

26 78

11 90

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172

Specimen of blood-alcohol not to be used as a cleaner amount to be collected

INDEX

certificate and specimen to be forwarded to analyst certificate by analyst as to fitness of, for analysis certificate certifying prescribed particulars ether not to be used as cleaner for laboratory test medical practitioner to take, by veni-puncture receptacle-

place identifying number and initials. presumption-

re laboratory test re alcohol use re other use

Specimen of breath-certificate by medical practitioner or person's inability to provide endorsement of driver's licence as to inability to provide specimen

of breath

Spectacles-driver may be required to wear driver's licence may be endorsed re

Speed restrictions-application of regulations re. articulated vehicles . having regard to speed-keep safe distance apart indicated by official traffic signs lights cannot be dipped . motor cycle with small engine passing stationary trams road in built up area road not in built up area generally school buses

Speedometer, requirements in the case of . .

Spot lamp, provisions relating to

Spring actuated emergency brakes, requirements to satisfy

Stall-District Superintendent may issue licence at his discretion .. fee for licence licence required for . parking restrictions near removal, seizure, etc.

Stand. See also Stall­public .. temporary.

Stand, standing. See also Stop, Stopping, Stand or standing­meaning of terms prohibited places

Standard alcohol solution-certificate by analyst as to preparation of. meaning of term preparation by Government chemical laboratory testing of breath analysing with

Standing. See also Parking-of tram on intersection or pedestrian crossing. places, prohibited when prohibited

reg. 178 (I) (ii). 178 (I) (iii) 178 (2) 178 (5) 178 (I) (vi) 178 (I) (ii). 181 178 (I)

178 (I) (v).

180 178 178

182

182

117 (2) 117 (I)

53 50 (2), (3) 49 50 51 52

101 (3) 50 50 50 (I) (b) (i)

Sch. (regs. Pt. 13), c. 86E, 86G

reg. 71 (d), Sch. (regs. Pt. 13), c. 41

Sch. (regs. Pt. 13), c. 57 (3)

reg. 120 172 (2) 118

55 (a) 167

165 166

4 (I) (e). regs. 54-57

reg. 175 173 174 (b) 174 (a)

56 55 54

Page

129 129 130 130 130 129 131 129

130

131 129 129

131

131

103 103

34 33, 34

33 33 34 34 94 33 33 33

86, 87

44, 67

72

104 127 104 35

125

124 124

11 35-37

129 128 129 129

37 35, 36

35

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INDEX

Steering gear-column, requirements to satisfy Australian Design Rule general conditions for hand to be kept on ..

Stop-signal to be given when about to

Stop line-duties of drivers meaning of term in regulations

Stop sign­compliance with meaning of term in regulations

Stop signal, drivers-prescribed

Stop, Stopping, Stand, or Standing­meaning of terms prohibited places

Stoplight lamp. See Brake lamp.

Stopping-level crossings places for tramcars and licensed vehicles, appointment, etc., of. prohibited places for stationary trams to give way

Straddle truck. See Specially constructed vehicle.

Sun visors, to comply with Australian Design Rule

Superintendent. See also Driver's licence, Leamer's permit, Licence, Permit-

car minder, may prohibit person from acting as construction of reference to in regulations exempt persons from certain provisions of regulations .

meetings, power to prohibit . procession-

funeral, may direct diversion power to prohibit

remove light or sign creating danger . sign documents on behalf of District Superintendent vehicles, require production of window display, may request discontinuance 0f

Surrender, cancellation of licence, voluntary

Suspension. See also Driver's licence-delivery of licence by licensee to Superintendent of interstate licence or privilege for 24 hours following breath

analysis

T

Tare-of omnibus, motor truck, etc., to be painted on

Taxi. See also Exempted cab, private hire car. bus lanes, may use . clearways, may use . seat belts, exempt from wearing . transit lanes, may use

Television sets-monitor only to operate with reverse gear receiver not to be visible to driver

Sch. (regs. Pt. 13), c. 99 c. 64

reg. 90

regs. 45 (1), (2), (3), 46A

19, 20 (8), 39 (2) reg. 4 (1) (e) ..

20 (8) 4 (1) (e) .

45 (4), (5)

4 (1) (e) . regs. 54, 57

reg. 48 165

regs. 54-57 reg. 101

33

Sch. (regs. Pt. 13), c. 99

reg. 162 4 (1) (b).

14, Sch. (regs. Pt. 13), cc. 1, 43

reg. 123 (3)

125 124 (3)

18 169 (b) 91

145

133

134A

110 (3)

Sch. (regs. Pt. 13), c. 85

reg. 32A 55 (1) 90B (3) (g) 32A

Sch. (regs. Pt. 13), c. 86 (2) c. 86 (1)

173

Page

91 76 52

30, 32

15, 17, 27 11

17 11

31

11 35, 37

33 124

35-37 94 24

91

123 2

14, 56, 68 105

107 106

15 125 54

117

110

110

102

84

22 36 52 22

85

85

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174 INDEX

Temporary stands, may be appointed by police officer .

Terms, meaning of in regulations. See Meaning of Terms.

Test. See Inspection.

The Act, meaning of term in regulations .

Tow truck, flashing warning lights

Towing. See also Lighting of vehicles-drive vehicle with attachment to humber bar . drivers to be licensed not to affect control of driver number of vehicles which may be drawn . of-

bicycles prohibited caravan prohibited while any person therein vehicle (other than trailer)

safety connections­exemptions in case of towed interstate registered vehicles . requirements to satisfy

Tractor or traction engine. See also Specially constructed vehicle­brakes, conditions for propelled by steam power, certificate under Machinery Acts required

by driver

Traffic control light signals. See also Official traffic sign­directions given by and obedience to. restrictions on turning at

Traffic lights. See Traffic control light signals.

Traffic line. See also Official traffic sign­meaning of term in regulations

Traffic offence notice, removal, defacing or interference with

Traffic offence-applying subsections of the Act to prescribed offences under reg.

140 penalties and period in which penalty may be paid provisional licence, points against

Traffic officer-certain applicants to apply for licences at principal traffic office in

cities meaning of term in regulations

Traffic signs. See Official traffic sign.

Training programmes, courts may refer

Trailer. See also Lighting of vehicles­brakes ..

coupling-requirements to satisfy shall comply with Australian Standard for

equipped with fuel burning, living or sleeping facilities, doors loading space, rear overhang maximum length, etc. safety connections on-

exemptions interstate registered vehicles . requirements to-

fit. satisfy.

specifications

Page

reg. 166 124

4 (!)(e). II

Sch. (regs. Pt. 13), c. 18A 61

reg. 73.• 45 74 (I) (b), (2) .. 45, 46 78 48 73 45

94 92 160 (I) 122 74 (I) 45

Sch. (regs. Pt. 13), c. 47R (4) 70 c. 47B (5) 70

47B (2) 70

57 (7) 74

regs. 106 (4), 107 (2) 96, 97

reg. 19 15 47 (b) 32

4 (I) (e). II

141 115

142 115 140 112 108c (1), (2), Sch. B 99, 139

103 (2) 95 4 (I) (e) .. II

reg. 170A 126

Sch. (regs. Pt. 13), cc. 58, 60-63 74

c. 47 69 47A 70 86A 85

Sch. (regs. Pt. 13), c. 66• 76 cc. 43-46, 93, reg. 75 68, 69, 46

Sch. (regs. Pt. 13), c. 47R (4) 70 c. 47B (5) 70

47B (I) 70 47B (2) 70 47B (2), (3) 70

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INDEX

Trailer. See also Lighting of vehicles-continued vehicle towing, not to be driven whilst person, in, etc. weight and dimensions

Tram. See also Vehicle-deemed to be vehicle for purposes of regulations lighting on. loaded firearms, etc., not to be carried on passengers upnn passing of-

a terminus. when stationary

provisions re boarding and alighting from restrictions on standing of

Tram stop, restrictions on standing, etc., near.

Tramway-employee may direct vehicles to pass stationary trams ..

Transit lane-' certain vehicles prohibited meaning of term in regulations

Transit lane sign-meaning of term in regulations

Transmission. See Automatic transmission.

Tricycle. See also Bicycle­equipment requirements

Turning-all vehicles to be equipped with signalling devices. give way, when at intersections Jefi, duties .. long vehicles, exemptions restrictions on .. U .. turns right, duties . . . . . . . . . . . . . . . . . . . . . . . . signal devices to be in compliance with Australian Design Rules signals to be given to indicate

Turn left-meaning of term in regulations signals to use at any time with care

Turn right-driver's signals for duties of bicycle rider duties when turning right meaning of term in regulations

Two-way carriageway, See also Carriageway­meaning of term in regulations

Tyres on motor vehicles-compliance with Australian Design Rules. general conditions for regrooving of retreading of specifications

"U" turn-

u

driver's making, to give way to all other vehicles and pedestrians meaning of term in regulations obedience to official traffic signs re restrictions on .

Unattended motor vehicle, duties when leaving

reg. 160 Sch. (regs. Pt. 13), c. 48

reg. 4 (I) (e). 72

!55 (a) !55

100 101

regs. 40 (d), 41, !53 reg. 56

55 (e)

101

32A 4 (I) (e).

4 (I) (e).

Sch. (regs. Pt. 13), cc. 95-98

c. 99 reg. 35

43 44A 47 44

Sch. (regs. Pt. 13), c. 99 reg. 45 (I), (2), (3), (6).

4 (I) (e). 45 (6) 20 (12)

45 (4), (5) 44 (5) 44 4 (I) (e).

4 (I) (e).

Sch. (regs. Pt. 13), c. 99 c. 82 (I)

82 (2) 82 (3) 82 (4)

reg. 35 (3) 4 (I) (e) .

20 (I)

143

175

Page

122 71

II 44

120 120

94 94

27, 119 37

36

94

22 II

II

89, 90

91 24 28 29 32 28 91

30, 31

II 31 18

31 29 28 II

II

91 83 83 83 83

25 II 16

116

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176

Unleaded petrol, mandatory operation on~ Vehicles to comply with Australian design rules

Unroadworthy vehicle

Upon, meaning of term in regulations

Utility truck. See also Motor utility truck.

v

INDEX

Vehicle. See also (Bicycle, Dimensions of vehicles, Lighting of vehicles, Motor cycle, Motor vehicles-

advertisement, permit required when use only to display alighting from-

moving vehicle prohibited not cause danger . . . . . . . . . . . . . . . . . . . .

automatic transmission to comply with Australian Design Rules certain, to be ca~able of being driven backwards and forwards .. consent of owne for person other than driver to drive . . . . construction an equipment, conditions re . . . . . . . . . constructions of ;reference to in regulations crankcase gases defective mechahical order, reporting of door, not open So as to cause danger dropping or casting of things from moving, as to injure, damage,

etc. l. . . . . . . . . . . . . . . . . . . . . .

engine emission control compliance with Australian Design Rules

equipment and construction, conditions re equipped with fuel burning, living or sleeping facilities

exhaust from

head restraints . inspection-

by authorised officer, powers by police officer

internal sun visors to be fitted to loading-

exceeding normal carrying capacity of secure fastening of and parallel to sides

long meaning of term in regulations moving into and out of line of, proceeding on road, prohibited noise from-

conditions, operation or loading . instruments on.

obstruction of free passage of persons, vehicles or trams prohibited.

oil, waste and grease not to be dropped passengers not to be-

carried outside . occupying driver's seat on right of driver . . . . . .

permitted to display red or blue flashing warning lights removal of any parts from steering gear, keep hands on towing warning devices

windscreen demisting equipment to comply with Australian Design Rules

Vehicles drawn by animal power, special provision for

Veni-puncture-amount of blood to be taken and procedure to follow . certificate by analyst re procedure of blood test

Sch. (regs. Pt. 13) c99

Sch. B. 68 (I) (d).

reg. 4 (I) (e).

126

153 (I) 146 . . . . . .

Sch. (regs. Pt. 13), c. 99 c. 79

reg. 68 (6) Sch. (regs. Pt. 13) .

reg. 4 (1) (e) . 88A 68 (2), (3), (4)

146

148

Sch. (regs. Pt. 13), c. 99

Sch. (regs. Pt. 13) . C. 86A

regs. 88, 88A

Sch. (regs. Pt. 13), c. 99

reg. 92 91

Sch. (regs. Pt. 13), c. 99

reg. 76 77

regs. 31, 57 reg. 4 (I) (e).

144

84 86

reg. 144 87

156 (I) 156 (2)

Sch. (regs. Pt. 13), c. 42A (1) c. SA

reg. 90 regs. 73, 74 reg. 82, Sch. (regs. Pt. 13),

c. 70

c. 99

cc. 87-94

reg. 178 (l) 178

Page

92

39, 139

11

84

107

119 117 91 82 40 56

3 51 39

117

118

92

85 50, 51

91

55 54 91

48 48

22, 37 11

116

50 50

116 50

120 120 67 57 52 45

49, 78

91

88, 89

129 130

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INDEX

Veni-puncture-continued medical practitioner to affix-

identifying number and initials to container of specimen practitioner not to use alcohol or ether as cleanser specimen of blood for laboratory test

Ventilation, of motor vehicles constructed principally for carriage of goods ..

View-and control, driver to have sufficient. glare reduction in field of of driver through windscreen not to be obstructed provisions re construction and equipment of vehicles concerning

Visibility of instruments. See Instruments.

Visors, internal sun, to comply with Australian Design Rule

Warning device­bicycle, to be a bell flashing lights. See Lighting of vehicles. meaning of term in regulations motor vehicles-

general conditions for not to be equipped with certain

not use except as a warning of danger reversing alarm

school bus.

w

sound when circumstances such as to constitute a source of danger

unnecessary noise not to be made with

Warning signs. See also Portable warning signs

Washers, windscreen. See Windscreen.

Wearing of­child restraint safety helmet seat belt

Weight-of trailer of vehicle and loading

Wheels-compliance with standards rims must comply with Australian Design Rules

Wheelchairs-crossing carriageways incapacitated person-meaning of term meaning of term in regulations required to use footway . speed restrictions

Whip, not to be-carried on road as to be likely to strike any person used on road so as to annoy, etc. any person .

Windows-body or limbs of persons riding in motor vehicles not to protrude

through . . . . . . . . . . . . in vehicles, requirements re safety glass, etc.

reg. 178 (I) (v). 178 (I) (ii). 178 (I)

Sch. (regs. Pt. 13), c. 81

reg. 78 Sch. (regs. Pt. 13), c. 99

reg. 78 (I) (d) .. Sch. (regs. Pt. 13), c. 77

c. 99

reg. 83 (b)

4 (I) (e).

Sch. (regs. Pt. 13), c. 70 c. 70, reg. 83 (a) ..

reg. 82 (2) (b). Sch. (regs. Pt. 13) c. 70A 46A

82 (I) 82 (2) (a).

75A

90D 90A 90s

Sch. (regs. Pt. 13), cc. 48, 58 reg. 76

c. 82 Sch. (regs. Pt. 13), c. 99

159B (2) 159B 159B (4) 159B (I) 1598 (3)

reg. 151 (2) (d). 151 (2) (e).

reg. 156 (5) Sch. (regs. Pt. 13), cc. 68, 99

177

Page

130 129 129

82

48 91 48 82

91

49

II

78 78, 49

49

78 32

49 49

47

53 52 52

71, 74 48

91

122 122 122 122 122

119 119

120 77, 91

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178

Windscreen-meaning of term in regulations motor vehicle-

driver's view not to be obstructed keep clean and clear

safety glass requirements vehicle, without, registration label holder .

INDEX

washers to be in compliance with Australian Design Rules . wiper-

general conditions for to be in compliance with Australian Design Rules

Windscreen demisting equipment, to comply with Australian Design Rules.

reg. 4 (I) (e).

78 (I) (d). 80

Sch. (regs. Pt. 13), cc. 68, 99 c. 80

99

71 99

99

By Authority: S. R. HAMPSON, Government Printer, Queensland

108374

Page

II

49 49

77, 91 82 91

78 91

91