VersionNo. 006
Road Safety (Traffic Management) Regulations2009
S.R. No. 129/2009
Version incorporating amendments as at
1 July 2017
table of provisions
RegulationPage
1
RegulationPage
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Definitions
5Meaning of works advisory device
Part 2—Installation of traffic control devices
Division 1—General prohibition
6Erection, installation of and interference with traffic control devices
7Prohibition on erection of superseded traffic control devices
Division 2—Road authority power to erect trafficcontrol devices
8Power of VicRoads to erect traffic control devices
9VicRoads to consult before erecting certain traffic control devices on roads
10Power of responsible road authorities to erect traffic control devices on roads
Division 3—Power of other entities to erect trafficcontrol devices
11Erection of traffic control devices by certain works managers
12Erection of traffic control devices by persons authorised to conduct non-road activities
13Traffic signs at children's crossings
14Erection of road closure signs
15Police may erect traffic control devices
16Erection of traffic control devices by other persons
17Erection of traffic control devices at stock crossings
17ACompliance with the Manual for Traffic Control at Stock Crossings
Division 4—Other matters
18Parking signs must conform with Australian Standard
19Information on traffic signs
20Maintenance of traffic control devices
21Manual operation of traffic signals by police officers
22Exercise of traffic management powers and functions
23Commercial advertising prohibited on traffic control devices
24Authorities under this Part
24AStock crossing permits
Part 3—Activities on roads
25Processions
26Notice to be given and police permission obtained for races
27Exemptions for races
28Notice to be given and police permission obtained for highway collections
29Exemptions for highway collections
30Application for permit to conduct non-road activity
Part 4—Traffic management plans
31When must a traffic management plan be made?
32Traffic management plan
33Traffic management plan to be available for inspection
Part 5—Miscellaneous
34Display of dazzling or distracting lights
35Putting destructive material etc. on roads
Schedules
Schedule 1—Major traffic control devices
Schedule 2—Superseded traffic controldevices
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Endnotes
1General information
2Table of Amendments
3Amendments Not in Operation
4Explanatory details
1
VersionNo. 006
Road Safety (Traffic Management) Regulations2009
S.R. No. 129/2009
Version incorporating amendments as at
1 July 2017
1
Endnotes
Road Safety (Traffic Management) Regulations2009
S.R. No. 129/2009
Part 1—Preliminary
1Objectives
The objectives of these Regulations are—
(a)to set out the responsibilities of road authorities and other bodies exercising road management functions in relation to the installation, operation and maintenance of traffic control devices; and
(b)to regulate the carrying out of activities on roads; and
(c)to prescribe the requirements for a traffic management plan.
2Authorising provision
These Regulations are made under section 95 of the Road Safety Act 1986.
3Commencement
These Regulations come into operation on 9November 2009.
4Definitions
In these Regulations—
Act means the Road Safety Act 1986;
areaspeed-limit sign means a traffic sign that is a reasonable likeness of a diagram of an area speed-limit sign mentioned in rule 22 of the Road Rules;
arterial road has the same meaning as in the Road Management Act 2004;
AS 1742.11—1999 means Australian Standard AS1742.11—1999 Manual of uniform traffic control devices: Part11 Parking controls;
authority means an authority to which regulation24 applies;
children's crossing has the same meaning as in the Road Rules;
coordinating road authority, for a road or road related area or highway (a Road Safety Actroad), means the coordinating road authority (within the meaning of the Road Management Act 2004) for the road (withinthe meaning of that Act) that consists of or includes the Road Safety Act road;
Council has the same meaning as in the Local Government Act 1989;
end area speed-limit sign means a traffic sign that is a reasonable likeness of a diagram of an end area speed-limit sign mentioned in rule22 of the Road Rules;
end shared zone sign means a traffic sign that is a reasonable likeness of a diagram of an end shared zone sign mentioned in rule 24 of the Road Rules;
end speed-limit sign means a traffic sign that is a reasonable likeness of a diagram of an end speed-limit sign mentioned in rule 21 of the Road Rules;
Extension corporation has the same meaning as in the Melbourne City Link Act 1995;
freeway has the same meaning as in the Road Management Act 2004;
Freeway Corporation has the same meaning as in the EastLink Project Act 2004;
hand-held stop sign means a traffic sign that is a reasonable likeness of a diagram of a hand-held stop sign mentioned in rule 101 of the Road Rules;
highway collection means the soliciting or receiving of money from a person in a vehicle on a road by a person who stands or walks near the vehicle;
Link corporation has the same meaning as in the MelbourneCity Link Act 1995;
major sporting event race means a race that is an event referred to in section 113 of the Major Sporting Events Act 2009;
major traffic control device means a traffic control device specified in Schedule 1;
minor traffic control device means a traffic control device other than a major traffic control device;
municipal district has the same meaning as in the Local Government Act 1989;
Reg.4 def. of municipal road insertedby No.85/2015 reg.5.
municipal road has the same meaning as in the Road Management Act 2004;
no entry sign means a traffic sign that is a reasonable likeness of a diagram of a no entry sign mentioned in rule 100 of the Road Rules;
non-road activity has the same meaning as in section 99B of the Act;
Reg. 4 def.of Peninsula Link Freeway Corporation insertedby S.R. No. 162/2012 reg.3(1).
Peninsula Link Freeway Corporationhas the same meaning as in the Road Management Act 2004;
racemeans—
(a)a bicycle race; or
(b)a foot race; or
(c)other race—
involving more than 30 competitors, but does not include a race or speed trial to which section 68 of the Act applies or a major sporting event race;
relevant activity means—
(a)works within the meaning of section3(1) of the Road ManagementAct 2004; or
(b)any non-road activity within the meaning of section 99B of the Act;
Reg. 4 def.of responsible road authority amendedby S.R. No. 162/2012 reg.3(2).
responsible road authority, for a road or road related area, means the responsible road authority (within the meaning of the Road Management Act 2004) for the road (within the meaning of that Act) that consists of or includes thatroad or road related area, and includes—
(a)the Link corporation; and
(b)the Extension corporation; and
(c)the Freeway Corporation; and
(d)the Peninsula Link Freeway Corporation;
road humpmeans a section of raised pavement constructed or placed in or on and across or partly across a road to restrict the speed of vehicles along that road;
Reg. 4 def.of Road Rules amendedby S.R.No. 42/2017 reg.11.
Road Rules means the Road Safety RoadRules 2017;
shared zone sign means a traffic sign that is a reasonable likeness of a diagram of a shared zone sign mentioned in rule 24 of the Road Rules;
shoulder, of a road,has the same meaning as in the Road Rules;
speed-limit sign means a traffic sign that is a reasonable likeness of a diagram of a speed-limit sign mentioned in rule 21 of the Road Rules;
temporary works speed-limit sign means a temporary speed-limit sign fixing a speed-limit that is lower than, or the same as, the speed-limit that would otherwise apply to the relevant length of road but no lower than 40km/h;
trafficincludes traffic consisting of vehicles or pedestrians;
traffic control devicehas the same meaning as in the Road Rules and includes a road hump;
traffic signhas the same meaning as in the Road Rules;
traffic signalshas the same meaning as in the Road Rules;
Reg. 4 def.of VicRoads amendedby S.R. No. 66/2011 reg.3.
VicRoads means the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2010;
works has the same meaning as in the Road Management Act 2004;
works advisory device has the meaning given by regulation 5.
5Meaning of works advisory device
(1)For the purpose of these Regulations, a works advisory device is a traffic control device—
(a)that provides warning or advice to drivers or pedestrians in relation to works or non-road activities; and
(b)that does not result in a contravention of the Road Rules if it is not complied with.
(2)Without limiting subregulation (1), a works advisory deviceincludes—
(a)a traffic sign that indicates that there are roadworks or road workers ahead;
(b)a traffic sign that indicates a loose, uneven, unmade or slippery surface;
(c)a traffic sign that indicates the absence of line markings;
(d)a traffic sign that indicates a detour or a lane closure;
(e)a traffic sign that indicates that a road or part of a road is closed to traffic;
(f)a traffic sign that indicates the direction in which traffic should travel, such as arrows indicating a change of direction;
(g)an illuminated traffic sign displaying information for drivers or pedestrians;
(h)a road hump;
(i)a traffic cone;
(j)a bollard.
Part 2—Installation of traffic control devices
Division 1—General prohibition
6Erection, installation of and interference with traffic control devices
(1)Subject to these Regulations, a person must not erect, display, place, interfere with, alter, deface or remove a traffic control device that is—
(a)on a road; or
(b)in a road related area; or
(c)in the view of any person on a road or road related area.
Penalty:6 penalty units.
(2)A person must not erect, display or place on a road, in a road related area, or in the view of a person on a roador road related area, anything that—
(a)purports to be, or is an imitation of, or is similar to, a traffic control device; or
(b)interferes with the effectiveness of a traffic control device; or
(c)prevents an approaching driver or other road user from clearly distinguishing the whole or any part of a traffic control device; or
(d)is intended to distract a driver or other road user's attention from a traffic control device.
Penalty:6 penalty units.
7Prohibition on erection of superseded traffic control devices
(1)A person must not erect or place—
(a)on a road; or
(b)in a road related area; or
(c)in the view of any person on a roador road related area—
a traffic control device specified in Schedule 2.
Penalty:6 penalty units.
(2)Subject to this Part, a traffic control device specified in Schedule 2 may be displayed, altered, maintained or removed.
Notes
1A traffic control device has legal effect for the purposes of the Road Rules if it is on a road and complies substantially with the Road Rules. Seerule315 of the Road Rules.
2A person may alter an existing device in certain circumstances. See regulation20.
Division 2—Road authority power to erect trafficcontrol devices
8Power of VicRoads to erect traffic control devices
(1)VicRoads may, on a road or road related area forming part of a freeway, erect, display, place, remove or alter a traffic control device.
(2)VicRoads may, on a road or road related area forming part of an arterial road, erect, display, place, remove or alter a traffic control device other than—
(a)a stopping or parking traffic control device; or
(b)a traffic control device that is associated with a children's crossing.
(3)In subregulation (2) stopping or parking traffic control device means a traffic control device for the control of stopping or parking of vehicles in accordance with Part 12 of the Road Rules but does not include a traffic control device specified in item 22 or item 23 of Schedule 1.
(4)Subject to regulation 9, VicRoads mayerect, display, place, remove or alter a traffic control device that is a reasonable likeness of one of the following diagrams in Schedule 2 to the Road Rules, on a road or road related area, other than a road or road related area forming part of a freeway or an arterial road—
(a)a speed-limit sign;
(b)an end speed-limit sign;
(c)an area speed-limit sign;
(d)an end area speed-limit sign;
(e)a shared zone sign;
(f)an end shared zone sign.
(5)VicRoads may, on a road or road related area other than a road or road related area forming part of a freeway or an arterial road, erect, display, place, remove or alter a traffic control device that provides direction to, or advance warning of, a nearby intersection with a freeway or arterial road.
9VicRoads to consult before erecting certain traffic control devices on roads
(1)This regulation applies if VicRoads proposes to erect, display, place, remove or alter a traffic control device of a kind referred to in regulation 8(4)(a) to (f) (a proposal)on a road or road related area, other than a road or road related area forming part of a freeway or an arterial road.
(2)VicRoads must notify, in writing, the Council in whose municipal district VicRoads proposes to erect, display, place, remove or alter the traffic control device.
(3)A Council that is notified of a proposal has 21days within which it may disagree, in writing, with the proposal.
(4)If, within the period referred to in subregulation (3), a Council disagrees with a proposal and VicRoads intends to proceed with the proposal, VicRoads must publish a notice in a daily newspaper circulating generally in the State, of its intention to do so.
(5)A notice under subregulation (4) must—
(a)set out the details of the proposal and the reasons for the proposal; and
(b)include a statement to the effect that the relevant Council has disagreed with the proposal; and
(c)specify where a copy of the proposal may be obtained; and
(d)invite public comments and submissions on the proposal within 21 days after the date of publication of the notice.
(6)A person who intends to make a comment or submission on a proposal must make the comment or submission in writing to VicRoads.
(7)Every comment and submission received on the proposal by VicRoads by the date specified in a notice under subregulation (4) must be considered by VicRoads.
(8)As soon as practicable after making a decision on whether to proceed with the proposal, VicRoads must publish notice of the decision in a daily newspaper circulating generally in the State.
10Power of responsible road authorities to erect traffic control devices on roads
(1)A responsible entity for a road or road related area forming part of a road within the meaning of the Road Management Act 2004, may erect, display, place, remove or alter on that road or road related area—
(a)with the authority of VicRoads, a major traffic control device; or
(b)a minor traffic control device; or
(c)if there are temporary works being carried out on the road or part of the road, a temporary works speed-limit sign.
Note
The term temporary works speed-limit sign is defined in regulation 4.
(2)A Council may, on a road or road related area forming part of an arterial road within its municipal district, erect, display, place, remove or alter—
(a)a minor traffic control device that is for the control of stopping or parking of vehicles in accordance with Part 12 of the Road Rules; or
(b)a traffic control device that is associated with a children's crossing; or
(c)with the authorityof VicRoads, any other minor traffic control device or a major traffic control device.
(3)Despite subregulation (2), a Council must not erect, establish, display or maintain a minor traffic control device referred to in subregulation (2)(a) that is inconsistent with a major traffic control device located on the same length of road.
(4)If a minor traffic control device referred to in subregulation (2)(a) is inconsistent with a major traffic control device located on the same length of road, the relevant Council must—
(a)alter the minor traffic control device to remove the inconsistency; or
(b)remove the minor traffic control device.
(5)In this regulation—
responsible entity means—
(a)the responsible road authority; or
(b)if there is no responsible road authority for that road or road related area, the person responsible for the care and management of that road or road related area;
road or road related area includes a part of a road or road related area.
Division 3—Power of other entities to erect trafficcontrol devices
11Erection of traffic control devices by certain works managers
(1)A works manager, or a person acting on behalf of a works manager, may, on a road or road related area for the purpose of authorised works on that road or road related area, erect, display, place, remove or alter—
(a)a works advisory device; or
(b)a hand-held stop sign; or
(c)a works zone sign; or
(d)a temporary works speed-limit sign; or
(e)with the authorityof VicRoads, any other traffic control device.
Example
A works manager may, for the purposes of carrying out authorised works on a road to which a 60 km/h speed-limit normally applies, erect a 40 km/h speed-limit sign at the start of the works area and a 60 km/h speed-limit sign at the end of the works area.
Note
The termtemporary works speed-limit sign is defined in regulation 4.
(2)A works manager, or a person acting on behalf of a works manager, may erect, display, place, remove or alter a traffic control device referred to in subregulation (1) only if a description of, or reference to, that device is included in the traffic management plan for the works.
(3)In this regulation—
authorised works means works on a road or road related area—
(a)that are carried out by or on behalf of a relevant service provider in connection with the installation, inspection, maintenance or repair of that service provider's infrastructure in that road or road related area; and
(b)that are—
(i)works for which the coordinating road authority for that road or road related area has given consent under clause 16(5) of Schedule 7 to Road Management Act 2004; or
(ii)works to which section 63(1) of the Road Management Act 2004 does not apply by operation of section 63(2) of that Act;
relevant service provider means—
(a)a utility within the meaning of the Road Management Act 2004; or
(b)a provider of public transport within the meaning of the Road Management Act 2004;
works manager means a works manager within the meaning of the Road Management Act 2004 that is authorised in writing by a relevant service provider to carry out the relevant works on behalf of that service provider.
12Erection of traffic control devices by persons authorised to conduct non-road activities
A person to whom a coordinating road authority has issued a permit under section 99B of the Act to conduct a non-road activity may, on a road or road related area for the purpose of that activity, erect, display, place, remove or alter—
(a)a works advisory device; or
(b)a hand-held stop sign; or
(c)a temporary works speed-limit sign; or
(d)with the authorityof VicRoads, any other traffic control device.
Note
The termtemporary works speed-limit sign is defined in regulation 4.
13Traffic signs at children's crossings
(1)A school crossing supervisor may display or remove a children's crossing flag or hand-held stop sign referred to in rule 80 of the Road Rules.
(2)In this regulation—
school crossing supervisor means a person who is employed by a Council to supervise school crossings or who is authorised by a Council for the purposes of this regulation.
14Erection of road closure signs