SCHEDULE 6 - Jurisdictional qualifications

Rule 388

PART 1 - Jurisdictional qualifications for specific rules

1.    Rule 158: Exceptions to driving in special purpose lanes, &c.

For rule 158(2)(c) , the driver of a service vehicle is permitted to drive in a bicycle lane, bus lane, tram lane, transit lane or truck lane.

Note : Service vehicle , bicycle lane , tram lane , transit lane and truck lane are defined in the dictionary.

2.    Rule 179: Stopping in a loading zone

For rule 179(1)(c) , the following vehicles are permitted to stop in a loading zone if they are being used for the purpose of dropping off or picking up goods:

(a) a truck, together with any trailer that it may be towing;

(b) a vehicle constructed primarily for the carriage of goods, other than a truck or public bus, that has the name and address of its registered owner permanently displayed by non-magnetic means on the right-hand side of the vehicle in letters that are at least 25mm high and of a contrasting colour to the colour of the vehicle;

(c) a vehicle displaying an ancillary licence issued under the Traffic (Public Vehicles) Regulations 1967 .

Note

Bus , loading zone , public bus , trailer and truck are defined in the dictionary

3.    Rule 187: Stopping in a bus lane, tram lane, transit lane, truck lane or on tram tracks

For rule 187(1)(b) , the driver of a service vehicle is permitted to stop in a bus lane, tram lane, transit lane, truck lane or on tram tracks.

Note : Service vehicle , bus lane , tram lane , tram track and transit lane are defined in the dictionary.

4.    Rule 197: Stopping on a path, dividing strip or nature strip

(1) For rule 197(1)(b) , a driver is permitted to stop on a bicycle path, footpath, shared path or dividing strip, or a nature strip adjacent to a length of road in a built-up area if –

(a) the driver is a postal worker for the Road Rules who is driving a postal vehicle in the course of his or her duty as a postal worker and is taking reasonable care; or

(b) the driver's vehicle is being used in connection with works being carried out by a Road Authority, the driver is taking care and in the circumstances it is not practicable to comply with the rule.

Note : Bicycle path , dividing strip , footpath , length of road , shared path , nature strip , postal worker and Road Authority are defined in the dictionary.

(2) For rule 197(1)(b) , a driver is permitted to stop on a nature strip if –

(a) the nature strip is in a built-up area; and

(b) the driver is the owner or occupier of a private residence on adjacent land that is contiguous with the nature strip; and

(c) the driver's vehicle, when stopped, does not unreasonably obstruct other road users.

Note : Adjacent land and built-up area are defined in the dictionary.

5.    Rule 200: Stopping on roads: heavy vehicles and long vehicles

For rule 200(2) , the driver of a heavy vehicle, or long vehicle, is permitted to stop on a length of road in a built-up area for longer than one hour if the driver's vehicle is a bus and the bus is stopped in –

(a) a bus zone, and the driver is not contravening any parking control sign applying to the bus zone; or

(b) a parking space within the meaning of Part VII of the Local Government (Highways) Act 1982 , at a time when the parking meter or voucher machine for that space is not operating.

Note 1 : Built-up area , bus , bus zone and length of road are defined in the dictionary. Heavy vehicle is defined in rule 200 and long vehicle is defined in rules 127 and 200 . Parking meter and voucher machine are defined in Part VII of the Local Government (Highways) Act 1982 .

Note 2 : The driver of a heavy vehicle or long vehicle may also be permitted to stop on a length of road in a built-up area for longer than one hour under an exemption permit – see rule 379 .

6.    Rule 206: Time extension for people with disabilities

For rule 206(2)(b) , the driver is permitted to park continuously on a road, or in an area, to which a permissive parking sign applies for a longer period if the period indicated on the sign exceeds 15 minutes but not more than one hour, the longer period being 90 minutes more than the time indicated on the sign.

7.    Rule 213: Making a vehicle secure

For rule 213(2) , the driver does not have to comply with the rule if he or she is delivering goods by means of –

(a) a pump on, or fixed to, the driver's vehicle; and

(b) the vehicle is equipped with a device, in addition to a handbrake, that is being applied to prevent the wheels of the main drive axle from turning.

8.    Rule 288: Driving on a path

For rule 288 , a driver is permitted to drive on a path if –

(a) the driver is a postal worker for the Road Rules who is driving a motor bike in the course of his or her duty as a postal worker; or

(b) the driver's vehicle is being used in connection with works being carried out by a Road Authority and in the circumstances it is not practicable to comply with the rule –

and the driver does not exceed 10 kilometres per hour and takes reasonable care.

Note : Postal worker and Road Authority are defined in the dictionary.

9.    Rule 289: Driving on a nature strip

For rule 289 , a driver is permitted to drive on a nature strip if –

(a) the driver is a postal worker for the Road Rules who is driving a motor bike in the course of his or her duty as a postal worker; or

(b) the driver's vehicle is being used in connection with works being carried out by a Road Authority and in the circumstances it is not practicable to comply with the rule –

and the driver does not exceed 10 kilometres per hour and takes reasonable care.

Note : Nature strip , postal worker and Road Authority are defined in the dictionary.

PART 2 - Jurisdictional qualifications - definitional

Division 1 - Meaning of terms defined in the dictionary

1.    Authorised person

(1) A person who is a transport inspector or road safety officer is taken to have been appointed by the Transport Commission as an authorised person for the Road Rules .

(2) A person who is a school crossing patrol officer is taken to have been appointed by the Transport Commission as an authorised person for rule 304 in its application to and for the purposes of rule 80 .

(3) A person who is a railway employee is taken to have been appointed by the Transport Commission as an authorised person for rule 304 in its application to, and for the purposes of, Part 10 and rule 101 .

(4) A person who is a road worker is taken to have been appointed by the Transport Commission as an authorised person for rule 304 in its application to, and for the purposes of, roadworks.

Note : Railway employee , road safety officer , road worker , school crossing patrol officer , Transport Commission and transport inspector are defined in the dictionary.

2.    Emergency worker

A person is an emergency worker for the Road Rules if the person is –

(a) approved or authorised under the Ambulance Service Act 1982 ; or

(b) appointed or employed for the purposes of the Emergency Services Act 1976 ; or

(c) appointed or employed for the purposes of the Fire Service Act 1979 ; or

(d) appointed or employed under section 7 or 8 of the National Parks and Wildlife Act 1970 .

3.    Oversize vehicle

A vehicle is an oversize vehicle for the Road Rules if its dimensions, including any load, exceed the maximum allowable dimensions specified for that vehicle in the Traffic (Vehicle Loads and Dimensions) Regulations 1975 .

4.    Parking permit for people with disabilities

A permit is a parking permit for people with disabilities for the Road Rules if it is a parking permit issued to a person with a disability by –

(a) the Transport Commission; or

(b) a council.

Note : Transport Commission is defined in the dictionary and council means a council within the meaning of the Local Government Act 1993 .

5.    Police officer

A person is a police officer for the Road Rules if the person is a police officer within the meaning of the Police Regulation Act 1898 .

6.    Portable warning triangle

(1) A portable warning triangle is taken to be approved for the Road Rules if it –

(a) is made of metal, or high impact resistant plastic material, of durable construction and suitable for use in all weather conditions; and

(b) is capable of being erected on the surface of a road without damaging that surface; and

(c) is capable, once erected, of remaining upright and stationary in winds of a velocity of 50 kilometres per hour; and

(d) has a width of at least 50 millimetres and, once erected, the shape of an equilateral triangle having a height from base to theoretical apex of at least 290 millimetres; and

(e) has, once erected, 2 faces, each with a white border and a centre panel, if any, that is also white; and

(f) has red reflectors in the form of beads or buttons on each face, being reflectors that, in normal atmospheric conditions at night and in the absence of obstructions, an approaching driver would be able to see for at least 200 metres before reaching the triangle; and

(g) is constructed in such a way that the reflectors cannot be damaged by abrasion or chipping when the triangle is laid on a flat surface; and

(h) is marked with the expression A.S.E.38 ; and

(i) is marked with a trade-mark, name or something else that identifies its manufacturer; and

(j) carries the following warning: These portable warning triangles are designed for stability in wind speeds up to 50 kilometres per hour; for use in higher winds it may be necessary to weight the triangles in position on the road surface , or a warning substantially to that effect, somewhere on the triangle or its container.

(2) Until 1 December 2006, the word signs may be used instead of portable warning triangles or triangles in the warning referred to in subclause (1)(j) .

7.    Postal worker

A person is a postal worker for the Road Rules if the person is engaged in delivering or collecting postal articles for Australia Post.

Note : Australia Post is defined in the dictionary.

8.    Public bus

A vehicle is a public bus for the Road Rules if it is a vehicle in respect of which a coach licence is in force under the Act.

Note : Act is defined in the dictionary.

9.    Railway employee

A person is a railway employee for the Road Rules if the person –

(a) is an employee of a railway owner, or railway operator, that holds accreditation under the Rail Safety Act 1997 ; and

(b) is giving directions for the safe and efficient regulation of traffic at or near a level crossing.

Note : Level crossing is defined in the dictionary.

10.    Taxi

A vehicle is a taxi for the Road Rules if it is one in respect of which a perpetual taxi licence or temporary taxi licence under the Taxi Industry Act 1995 is in force.

Division 2 - Meaning of terms for particular rules

11.    Rule 199: Public postbox

For rule 199 , a structure is declared to be a public postbox for the Road Rules if it is a structure –

(a) that is maintained by Australia Post; and

(b) in which letters or packages may be posted or deposited by any person for dispatch by Australia Post.

Note : Australia Post is defined in the dictionary.

12.    Rule 216: Dangerous goods and placard load

For rule 216  –

(a) dangerous goods for the Road Rules are dangerous goods within the meaning of the Dangerous Goods Act 1998 ; and

(b) a placard load for the Road Rules is a placard load under regulation 42 of the Dangerous Goods (Road and Rail Transport) Regulations 1998 .

Division 3 - General

13.    References to a person's age

For the Road Rules  –

(a) a person is taken to be of an age specified in a particular rule if the person has attained that age; and

(b) a person is taken to be under an age specified in a particular rule if the person has not attained that age.

PART 3 - Jurisdictional qualifications – approvals

1.    Rules 256 and 257: Approved bicycle helmet

For rule 256 and rule 257(1) , a bicycle helmet is approved for the Road Rules if it complies with Australian Standard ASNZS 2063, or with the Australian Standard that applied when the helmet was manufactured, and bears the Australian Standards Mark.

Note : Australian Standard is defined in the dictionary.

2.    Rule 266(7): Approved child restraint

For rule 266(7) , a child restraint is approved for the Road Rules if it is a child restraining device within the meaning of Division 7 of Part VIII of the Traffic (Miscellaneous) Regulations 1968 .

3.    Rule 270: Approved motor bike helmet

For rule 270 , a motor bike helmet is approved for the Road Rules if it –

(a) complies with Australian Standard AS 1698-1988 and bears the Australian Standards Mark; or

(b) is of a type approved by the Commissioner of Police.

Note : Australian Standard is defined in the dictionary.

PART 4 - Miscellaneous

1.    Section 59: prescribed authorities

The following authorities are prescribed for the purposes of section 59 of the Act:

(a) Aurora Energy Pty. Ltd.;

(b) Esk Water Authority;

(c) Forestry Tasmania;

(d) Hobart Regional Water Authority;

(e) North-West Regional Water Authority;

(f) Telstra Corporation Limited;

(g) the responsible Department in relation to the Environmental Management and Pollution Control Act 1994 ;

(h) the responsible Department in relation to the National Parks and Wildlife Act 1970

(i) the responsible Department in relation to the Water Act 1957 ;

(j) Transend Networks.

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 30 November 1999

These rules are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the rule)

These regulations prescribe new road traffic laws for Tasmania which, in most respects, are the same as those applying in other parts of Australia.