Version No. 011
Road Safety (Road Rules) Regulations 1999
S.R. No. 120/1999
Version incorporating amendments as at 1 July 2004
table of provisions
RegulationPage
1
RegulationPage
Part 1—Preliminary
101.Objectives
102.Authorising provision
103.Commencement
104.Revocation
105.Definitions
Part 2—Road Rules—Victoria
201.Incorporation of Road Rules into Victorian law
202.Application of Acts Interpretation Act 1901 of the Commonwealth
Part 3—Installation of Traffic Control Items
301.Erection, installation of and interference with traffic control item
302.Prohibition on erection of certain traffic control items after the commencement of Regulations
303.Power of Corporation to erect traffic control items and signs for the purpose of traffic regulation
303A.Corporation to consult before erecting certain traffic control items on local roads
304.Power of Councils to erect traffic control items and signs for the purpose of traffic regulation
305.Power of Link corporation and Extension corporation to erect traffic control items
306.Erection of traffic control items by other persons
307.Certain traffic control items must conform with Australian Standard
308.Police may erect signs
309.Information on signs
310.Maintenance of traffic control items and traffic signals
311.Manual operation of traffic signals
311A.Traffic management on arterial roads
312.Commercial advertising prohibited on traffic control items
Part 4—Activities on Roads
401.Obstructing roads
402.Processions
403.Notice to be given and permission obtained for races and other events
404.Events at night
405.Exemptions for races and other events
406.Notice to be given and permission obtained for highway collections
407.No highway collections at night
408.Exemptions for highway collections
Part 5—Stock on Roads
501.Definitions
502.Giving way to stock
503.Requirement to travel at a safe speed
504.Requirement to stop at a stock crossing
505.Power to erect signs
Part 6—Miscellaneous
601.Horse riding helmets to be worn
602.Display of dazzling or distracting lights
603.Putting destructive material etc. on roads
604.Driving in a dangerous manner
605.Vehicles must not be driven with an empty bicycle carrier attached
606.Buses at level crossings
Part 7—Repealed26
701–714. Repealed26
Part 8—Savings and Transitionals
801.Infringement notices relating to revoked regulations
802.No change to demerit points already recorded against a person
803.Application of Interpretation of Legislation Act 1984
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SCHEDULES
SCHEDULE 1—Revoked Regulations
SCHEDULE 2—Major Traffic Control Items
SCHEDULE 3—Traffic Control Devices which are not to be Erected or Installed after the Commencement of the Road Rules
SCHEDULE 4—Modification of Road Rules
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endNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 011
Road Safety (Road Rules) Regulations 1999
S.R. No. 120/1999
Version incorporating amendments as at 1 July 2004
1
Road Safety (Road Rules) Regulations 1999
S.R. No. 120/1999
Part 1—Preliminary
101.Objectives
The main objectives of these Regulations are—
(a)to incorporate into the law of Victoria, as the Road Rules—Victoria, a modified version of the Australian Road Rules[1];
(b)to establish rules to be observed by road users in matters not otherwise dealt with in the Road Rules;
(c)to revoke the Road Safety (Traffic) Regulations 1988 and certain other Regulations relating to traffic regulation;
(d)to provide for the installation, operation and maintenance of traffic control items;
(e)to make consequential amendments to various Regulations made under the Road Safety Act 1986 because of the introduction of the Road Rules.
102.Authorising provision
These Regulations are made under section 95 of the Road Safety Act 1986.
103.Commencement
These Regulations come into operation on 1December 1999.
104.Revocation
r. 104
The Regulations set out in Schedule 1 are revoked.
105.Definitions
(1)In these Regulations—
"Act" means the Road Safety Act 1986;
Reg. 105(1) def. of "arterial road" insertedby S.R. No. 83/2004 reg.4(a).
"arterial road" has the same meaning as in the Road Management Act 2004;
"AS 1742.11" means Australian Standard AS1742.11 Manual of Uniform Traffic Control Devices: Part11 Parking controls;
"bicycle carrier" means a device that can be attached to the rear of a motor vehicle to enable one or more bicycles to be carried by the vehicle, but does not include a trailer;
"Council" has the same meaning as in the Local Government Act 1989;
"event" means—
(a)a bicycle race; or
(b)a foot race; or
(c)a similar activity—
involving more than 30 competitors, but does not include speed trials within the meaning of section 68 of the Act;
"Extension corporation" has the same meaning as in the Melbourne City Link Act 1995;
"Extension road" has the same meaning as in the Melbourne City Link Act 1995;
S. 105(1) def. of "forest road" revokedby S.R. No. 83/2004 reg.4(c).
*****
S. 105(1) def. of "freeway" substitutedby S.R. No. 83/2004 reg.4(b).
"freeway" has the same meaning as in the Road Management Act 2004;
"highway collection" means a collection of contributions by people who stand on or who move onto a road to solicit contributions from the occupants of vehicles that are stopped in compliance with traffic signals;
"Link corporation" has the same meaning as in the Melbourne City Link Act 1995;
"Link road" has the same meaning as in the Melbourne City Link Act 1995;
Reg.105(1) def. of "main road" revokedby S.R. No. 83/2004 reg.4(c).
*****
r. 105
"major traffic control item" means a traffic control item specified in Schedule 2;
"minor traffic control item" means a traffic control item other than a major traffic control item;
"municipal district" has the same meaning as in the Local Government Act 1989;
"road hump" means 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. 105(1) def. of "RoadRules" or "RR" amended by S.R.No. 95/2000 reg.3.
"Road Rules" or "RR" means the Road Rules—Victoria published in the Government Gazette (Periodical Gazette No. 2) on 28October 1999, as those Rules have effect for the purposes of regulation 201(1);
"sign" means any mark or device, other than a traffic signal, erected, displayed or placed for the purpose of controlling, regulating, or warning road users;
Reg. 105(1) def. of "State highway" revokedby S.R. No. 83/2004 reg.4(c).
*****
Reg. 105(1) def. of "tourists' road" revokedby S.R. No. 83/2004 reg.4(c).
*****
r. 105
"traffic control item" means
(a)a sign; or
(b)a traffic signal; or
(c)a structure; or
(d)a device—
erected, displayed or placed for the purpose of controlling, regulating or warning road users;
"traffic signal" means any device, however operated, which uses lights or illuminated words or symbols to control, regulate or warn road users.
(2)Without limiting regulation 201(1), expressions used in these Regulations and in the Road Rules that are not defined in sub-regulation (1) or elsewhere in these Regulations have the same meanings as in the Road Rules, irrespective of any meaning that those expressions may have in the Act.
r. 105
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Part 2—Road Rules—Victoria
201.Incorporation of Road Rules into Victorian law
r. 201
(1)The Road Rules are to be read and construed with these Regulations as if they formed part of them.
(2)Sub-regulation (1) does not make part of these Regulations anything printed with the Road Rules that those Rules expressly state not to be part of them.
Reg. 201(3) inserted by S.R. No. 95/2000 reg.4.
(3)For the purposes of sub-regulation (1), the Road Rules have effect as if they were modified as set out in Schedule 4.
202.Application of Acts Interpretation Act 1901 of the Commonwealth
(1)The Acts Interpretation Act 1901 of the Commonwealth applies to the interpretation of the Road Rules except that—
(a)"Gazette" refers to the Victorian Government Gazette; and
(b)"Minister" refers to the responsible Minister of Victoria.
(2)This regulation does not prevent the Interpretation of Legislation Act 1984 from applying to the Road Rules to the extent that it can do so consistently with the application of the Acts Interpretation Act 1901 of the Commonwealth.
______
Part 3—Installation of Traffic Control Items
301.Erection, installation of and interference with traffic control item
r. 301
(1)Subject to these Regulations, a person must not erect, display, place, maintain, interfere with, alter, deface or remove a traffic control item that is—
(a)on a road; or
(b)in the view of any person on a road.
Penalty:6 penalty units.
(2)A person must not erect, display, place or maintain on a road, or in the view of a person on a road, anything which—
(a)purports to be, or is an imitation of, or is similar to, a traffic control item; or
(b)interferes with the effectiveness of a traffic control item; or
(c)prevents an approaching driver or other road user from clearly distinguishing the whole or any part of a traffic control item; or
(d)is intended to distract a driver or other road user's attention from a traffic control item.
Penalty:6 penalty units.
302.Prohibition on erection of certain traffic control items after the commencement of Regulations
(1)A person must not, on or after the commencement of these Regulations, erect, display or place—
(a)on a road; or
(b)in the view of any person on a road—
a traffic control item specified in Schedule 3.
Penalty:6 penalty units.
(2)A traffic control item specified in Schedule 3 that was erected, displayed or placed on a road or in the view of any person on a road before the commencement of these Regulations has effect and operates as a traffic control item for the purposes of the Road Rules.
303.Power of Corporation to erect traffic control items and signs for the purpose of traffic regulation
r. 303
(1)The Corporation may, on a freeway, erect, establish, display, maintain or remove a traffic control item.
Reg. 303(2) substitutedby S.R. No. 83/2004 reg.5(1).
(2)The Corporation may, on an arterial road, erect, establish, display, maintain or remove a traffic control item other than—
(a)a stopping or parking traffic control item; or
(b)a traffic control item that is associated with a children's crossing or a pedestrian crossing.
Reg. 303(2A) insertedby S.R. No. 83/2004 reg.5(1).
(2A)In sub-regulation (2) "stopping or parking traffic control item" means a traffic control item for the control of stopping or parking in accordance with Part 12 of the Road Rules but does not include a traffic control item specified in item 27 and item 28 of Schedule2.
Reg. 303(3) inserted by S.R. No. 126/2000 reg.5, amendedby S.R. No. 83/2004 reg.5(2).
(3)Subject to regulation 303A, the Corporation may, on a road other than a freeway or an arterial road, erect, establish, display, maintain, or remove a traffic control item that is a reasonable likeness of one of the following diagrams—
(a)an Area speed-limit sign in Schedule 2 to the Road Rules;
(b)an End area speed-limit sign in Schedule2 to the Road Rules;
(c)an End school zone sign in Schedule 2 to the Road Rules;
(d)an End shared zone sign at the end of rule 24 of the Road Rules;
(e)an End speed-limit sign in Schedule 2 to the Road Rules;
(f)a School zone sign in Schedule 2 to the Road Rules;
(g)a Shared zone sign in Schedule 2 to the Road Rules;
(h)a Speed-limit sign (Standard sign) in Schedule 2 to the Road Rules.
Reg. 303A inserted by S.R. No. 126/2000 reg.6.
303A.Corporation to consult before erecting certain traffic control items on local roads
r. 303A
(1)If the Corporation proposes to exercise a power under regulation 303(3) to erect, establish or display a traffic control item of a kind referred to in regulation 303(3)(a) to (h), the Corporation must notify, in writing, the Council in whose municipal district the traffic control item is proposed to be erected, established or displayed.
(2)A Council that is notified under sub-regulation (1) of a proposal, has 21 days within which it may disagree, in writing, with the proposal.
(3)If, within the period referred to in sub-regulation(2), a Council disagrees with a proposal and the Corporation intends to proceed with the proposal, the Corporation must publish a notice in a daily newspaper circulating generally in the State, of its intention to do so.
(4)A notice under sub-regulation (3) must—
(a)set out the details of the Corporation's proposal and the reasons for the proposal; and
(b)include a statement to the effect that the relevant Council has disagreed with the Corporation's proposal; and
(c)specify where a copy of the Corporation's proposal can be obtained; and
(d)invite public comments and submissions on the proposal within 21 days of the date of publication of the notice.
(5)A person who intends to make a comment or submission on the proposal must make the comment or submission in writing to the Corporation.
(6)The Corporation must consider every comment and submission it receives on the proposal.
(7)The Corporation, as soon as practicable after making a decision on whether to proceed with the proposal, must publish notice of the decision in a daily newspaper circulating generally in the State.
Reg. 304 amendedby S.R. No. 83/2004 reg.6.
304.Power of Councils to erect traffic control items and signs for the purpose of traffic regulation
r. 304
A Council may, on an arterial road within its municipal district, erect, establish, display, maintain or remove—
(a)a minor traffic control item that is for the control of stopping or parking in accordance with Part 12 of the Road Rules; or
(b)with the written consent of the Corporation (and subject to compliance with any conditions imposed by it in giving its consent), any other minor traffic control item or a major traffic control item.
305.Power of Link corporation and Extension corporation to erect traffic control items
r. 305
(1)The Link corporation may, on the Link road, erect establish, display, maintain or remove—
(a)with the written consent of the Corporation (and subject to compliance with any conditions imposed by it in giving its consent), a major traffic control item; or
(b)a minor traffic control item.
(2)The Extension corporation may, on the Extension road, erect, establish, display, maintain or remove—
(a)with the written consent of the Corporation (and subject to compliance with any conditions imposed by it in giving its consent), a major traffic control item; or
(b)a minor traffic control item.
Reg. 306 amendedby S.R. No. 83/2004 reg.7.
306.Erection of traffic control items by other persons
A person responsible for the care and management of a road, other than a freeway or an arterial road, may erect, establish, display, maintain or remove on that road—
(a)with the written consent of the Corporation (and subject to compliance with any conditions imposed by it in giving its consent), a major traffic control item; or
(b)a minor traffic control item.
307.Certain traffic control items must conform with Australian Standard
r. 307
A traffic control item erected, established, displayed or maintained under this Part that is a sign for the control of stopping or parkingin accordance with Part 12 of the Road Rules must conform with AS 1742.11.
308.Police may erect signs
(1)A police officer, if it is reasonably necessary to do so, may erect, establish, display and maintain, or cause to be erected, established, displayed and maintained, for a period of not more than 7 days a traffic control item that is a sign of the kind referred to in the Road Rules other than a sign set out in Schedule 3 of the Road Rules.
(2)A sign erected in accordance with sub-regulation (1) operates and has effect despite any information to the contrary on any other sign.
309.Information on signs
Reg. 309(1) amendedby S.R. No. 83/2004 reg.8(1).
(1)A sign that is erected, established, displayed or maintained by a relevant responsible road authority or a police officer under this Part may, by the use of words, figures, symbols or anything else, indicate any of the following—
(a)the times, days or circumstances when it applies or does not apply;
(b)the lengths of road or areas where it applies or does not apply;
(c)the persons to whom it applies or does not apply;
(d)the vehicles to which it applies or does not apply;
(e)other information.
Reg. 309(2) substitutedby S.R. No. 83/2004 reg.8(2).
(2)In this regulation "responsible road authority" has the same meaning as in the Road Management Act 2004.
310.Maintenance of traffic control items and traffic signals
r. 310
(1)A person who erects, establishes, displays a traffic control item in accordance with these Regulations may maintain or alter that item.
(2)Subject to sub-regulation (3), a person who has erected, established or displayed a traffic control item in accordance with the Road Safety (Traffic) Regulations 1988 may maintain or alter that item.
(3)A person must not alter a traffic signal without the written consent of the Corporation.
Penalty:5 penalty units.
Reg. 311 amendedby S.R. No. 83/2004 reg.9.
311.Manual operation of traffic signals
A police officer or a person authorised by the Corporation may, for the purpose of traffic control, manually operate a traffic signal.
Reg. 311A insertedby S.R. No. 83/2004 reg.10.
311A.Traffic management on arterial roads
(1)A person or body (other than the Corporation or a police officer) exercising a power conferred on them under this Part must exercise that power in a manner that is consistent with any relevant policy decision in relation to the management of traffic on arterial roads.
(2)In this regulation "relevant policy decision" means a decision referred to in clause 2(2)(b) of Schedule 4 to the Road Management Act 2004.
312.Commercial advertising prohibited on traffic control items
r. 312
(1)A person must not erect, establish, display or maintain on a road a traffic control item bearing a commercial advertisement.
Penalty:5 penalty units.
(2)For the purposes of sub-regulation (1) the insignia of a non-commercial organisation is not a commercial advertisement.
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Part 4—Activities on Roads
401.Obstructing roads
r. 401
(1)A person must not drive or stop a vehicle on a road—
(a)to solicit employment or business from the vehicle; or
(b)to offer articles for sale from the vehicle—
if it results in, or is likely to result in, a concentration, standing or movement of vehicles or persons which causes, or is likely to cause, a danger or traffic congestion.
Penalty:2 penalty units.
(2)A person must not stand on, or move onto, a road to—
(a)solicit contributions, employment or businessfrom an occupant of a vehicle; or
(b)hitchhike; or
(c)display an advertisement; or
(d)sell or offer articles for sale; or
(e)offer to wash or clean, or wash or clean, the windscreen of a vehicle.
Penalty:2 penalty units.
(3)A person in a vehicle must not buy, or offer to buy, an article from a person standing on a road.
Penalty:2 penalty units.
(4)In this regulation, "road" includes any shoulder of the road but does not include a road related area.
402.Processions
Reg. 402(1) amendedby S.R. No. 83/2004 reg.11(1).
r. 402
(1)A person must not drive a vehicle on a road in an organised procession (other than a funeral procession) or a parade except with, and in accordance with, the permission of the relevant coordinating road authority.
Penalty:2 penalty units.
Reg. 402(2) substitutedby S.R. No. 83/2004 reg.11(2).
(2)In this regulation "coordinating road authority" has the same meaning as in the Road Management Act 2004.
403.Notice to be given and permission obtained for races and other events
(1)A person must not hold, or cause or permit to be held, or take part in, an event on a road unless the event is being held with, and in accordance with, the permission of the Chief Commissioner of Police.