Some case summaries and references from Kidd & Darge’s Traffic Law (Civil & Criminal) are below. Email David Kidd at kiddlrs@optusnet.com.au to trial this invaluable national Australian motor and traffic law publication. The cross-references provided below are not linked to this document, but are in the main volume.
Australian Road Rules 1999 (ARRs)
Applicability of
“[95] The Australian Road Rules are part of the law of New South Wales by virtue of the following statutory provisions. First, the Road Transport (Safety and Traffic Management) Act 1999 (NSW) makes extensive provisions on matters of safety and traffic management. The objects of that Act include ‘to provide for a system of safety and traffic management that is consistent with the uniform national approach envisaged by the agreements errabizsoft.com scheduled to the National Road Transport Commission Act 1991 of the Commonwealth’ (s 3(a)), and ‘to improve safety and efficiency changerssoftware.com of transport on roads and road related areas’ (s 3(c)). Section 71 and Schedule 1 create a broad authority topsyturvysoftplay.com for the making of regulations in respect of safety and traffic management. That takes us to regs 5 and 6 of the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 (NSW), made pursuant to that authority. These provisions incorporate the Australian Road Rules published by the National Road Transport Commission into the regulation and therefore churchsoftwareguide.net make them part of New South Wales law.”
Davies v Ku-ring-gai Municipal Council 10/9/03 [2003] NSWSC 840 Austin J
Definitions in
See definition’s section of the ARRs for many definitions of terms used in the rules.
List of rules indexed
R 12 see ‘Road’
R 13 see ‘Road-related area’
R 14 see ‘Road user’
R 15 see ‘Vehicle’
R 16 see ‘Driver’
R 17 see ‘Rider’
R 18 see Pedestrians – Definition of & Wheelchairs
R 20 see School zone – Speed limits
R 21(2) see Heavy vehicles – Speed limits
R 21(3) see Speed limit sign – Application of
R 23 see School zone – Speed limits
R 24 see Shared zone
R 25 see Speed limit sign – No sign
R 27-29 see Left turns
R 30-33 see Right-turns
R 34 see Hook turns
R 35-36 see Cyclists – Hook turns
R 37-43 see U-turns – ARRs
R 44-55 see Indication – ARRs
R 56-66 see Traffic lights
R 67-68 see Stop lines/signs – ARRs
R 69 see Give way signs
R 70 see Bridge – Giving way & Narrow roads/spaces/streets
R 72 see Giving way
R 73 see T-junction/intersection
R 74 see Road-related area re entering road from & Adjacent land -Entering road from
R 75 see Adjacent land & Road-related area
R 76 see Trams – Keeping clear of trams travelling in tram lanes
R 77 see Heavy vehicles – Buses (giving way to)
R 78-79 see Emergency vehicles & Police vehicles
R 80 & 82 see Children’s crossing
R 81 & 82 see Pedestrian crossing – Giving way at & Pedestrian crossing – Passing or overtaking
R 83 see Shared zone
R 84 see Dividing strip
R 85 see Painted island
R 86 see Median turning bay
R 87 see Giving way & Median strip parking area
R 88 see Left turn signs
R 89 see Right turn signs
R 90 & 91 see No turn signs
R 92 see Traffic lane arrows
R 93 see Overtaking – Signs
R 94 see Bridge – Overtaking on
R 95 see Emergency stopping lane – Signs
R 96 see Keep clear markings
R 97 see Road access signs
R 98 see One-way streets
R 99 see Keep left/keep right signs
R 100 see No entry sign
R 101 see Stop signs – ARRs
R 102 see Clearance signs
R 103 see Load limit signs
R 104 see Trucks – No trucks sign
R 106 see Heavy vehicles – Buses (no buses sign)
R 108 see Gears
R 109-119 see Roundabouts – ARRs
R 120-124 see Level crossings
R 125 see Obstructing drivers or pedestrians
R 126 &127 see Following drivers/vehicles – Safe distances & Long vehicles – Safe distances & Travelling too close – To vehicle in front
R 128 see Intersections – Blocked
R 129-135 see Keeping to the left
R 136 see One-way streets & Service road
R 137 see Dividing strip
R 138 see Painted island
R 139 see Keeping to the left & Obstructions on the road – Keeping to the left
R 140-145 see Cyclists – Overtaking vehicles & Overtaking – ARRs
R 146 see Lane – Travelling in
R 147 see Continuous lines – Changing lanes when & Changing lanes – Continuous lines (when)
R 148 see Changing lanes – Giving way
R 149 see Giving way re lines of traffic merging into single line
R 150 see Continuous lines – White edge line
R 151 see Cyclists – Two or more abreast & Motorcyclists – Two or more abreast
R 152 see Overhead lane control devices
R 153 see Bicycle lanes
R 154 see Bus lane
R 155 see Tram lanes
R 156 see Transit lanes
R 157 see Truck lanes
R 158 see rule as it provides exceptions to the rules above about not driving in special purpose lanes
R 159 see Lane – Special use
R 160-161 see Trams – Passing
R 162 see Safety zone – Driving past
R 163 see Trams – Driving past rear of stopped tram
R 164 see Trams – Giving way to pedestrians crossing road near
R 165 see Stopping – Emergency & Stopping – In compliance with road rule
R 167 see Stopping – No stopping sign
R 168 see Parked vehicles – No parking sign
R 169 see Stopping – Yellow edge line (road with)
R 170 see Stopping – Intersection (in or near)
R 171 see Children’s crossings re stopping on or near them
R 172 & 173 see Pedestrian crossing – Stopping on or near
R 174 see Bicycle crossing – Stopping at or near
R 175 see Level crossing – Stopping on or near
R 176 see Clearway – Stopping on
R 177 see Freeway – Stopping on
R 178 see Emergency stopping lane
R 179 see Loading zone – Stopping in
R 180 see Truck zone – Stopping in
R 181 see Works zone – Stopping in
R 182 see Taxi zone – Stopping in
R 183 & 184 see Bus zone – Stopping in
R 185 see Permit zone – Stopping in
R 186 see Mail zone – Stopping in
R 187 see Stopping – Restricted places
R 188 see Shared zones – Stopping in
R 189 see Parking – Double
R 190 see Safety zone – Stopping in or near
R 191 see Obstructions on the road – Stopping near
R 192 see Bridge – Stopping on & Tunnel – Stopping in
R 193 see Stopping – Crest or curve (outside built-up area)
R 194 see Fire hydrant – Stopping near
R 195 see Bus stop – Stopping at or near
R 196 see Tram stop – Stopping at or near
R 197 see Stopping – Paths or strips (on)
R 198 see Footpath – Obstructing access to & Driveways – Obstructing access to
R 199 see Post box – Stopping near
R 200 see Heavy vehicles – Stopping on roads & Long vehicles – Stopping on roads
R 201 see Bicycle parking sign –Stopping where
R 202 see Motorcycle parking signs – Stopping where
R 203 see Disabilities – Stopping in parking area for people with
R 204-207 Permissive parking signs and parking fees. Click on road R 204-207 link.
R 208-209 see Parking – Parallel
R 210 see Parking – Angle
R 211 see Parking – Parking bays (in)
R 212 see Parking – Median strip area
R 213 see Securing motor vehicle
R 215 see Lights – Hazardous weather conditions & Lights – Night driving
R 216 see Towing
R 217 see Foggy conditions – Fog lights
R 218 see Head lights – High beam
R 219 see Lights – Dazzling & Head lights – Dazzling
R 220 see Lights – Stopped vehicles
R 221 see Hazard warning lights
R 222 see Buses – Warning lights
R 223 see Animal drawn vehicles – Lights on
R 224 see Warning devices – ARRs
R 225 see Radar detectors
R 226-227 see Warning triangles
R 230 see Pedestrians – ARRs (crossing road)
R 231-232 see Pedestrian crossing – Lights (controlled by)
R 233 see Trams – Pedestrian crossing road to or from
R 234 see Pedestrian crossing – Crossing near
R 235 see Level crossing – Pedestrians
R 236 see Pedestrians – Traffic hazard or obstruction (not to cause)
R 237 see Moving vehicles – Entering or getting on
R 238 see Pedestrians – Walking along road (facing oncoming traffic) & Pedestrians – Hit from behind
R 239 see Bicycle path – Pedestrians & Footpath – Pedestrians
R 240-244 see Wheeled recreational devices & Wheeled toys
R 245 see Cyclists – ARRs
R 246 see Cyclists – ARRs
R 247 see Bicycle lanes
R 248 see Cyclists – Crossings
R 249-251 see Bicycle path, Footpath – Cyclists & Shared path
R 252 see Cyclists – No bicycles signs and markings
R 253 see Cyclists – Traffic hazard (must not cause)
R 254 see Cyclists – Towing of
R 255 see Cyclists – Travelling too close
R 256 see Cyclists – Helmets (articles)
R 257 see Bicycle trailer
R 258 see Cyclists – Cycles (brakes & warning devices)
R 259 see Cyclists – Night riding
R 260-262 see Bicycle crossing – Lights
R 264 see Seat belts – ARRs
R 265 see Seat belts – ARRs
R 266 see Seat belts – ARRs
R 267 see Seat belts – Exemptions from wearing
R 268 see Travelling in or on vehicle inappropriately & Utilities
R 268(3)-(5) see Body parts outside vehicle
R 269 see Alighting passengers
R 269(3) see Car doors
R 269(4) see Buses – Doors
R 270 see Motorcyclists – Helmets
R 271 see Motorcyclists – ARRs
R 272 see Passengers – Interfering/obstructing drivers
R 273-279 see Trams – Special traffic light signals
R 280-286 see Buses – Special traffic light signals
R 287 see Post-accident – Driver’s responsibilities
R 288 see Path – Driving on
R 288(3) see Wheelchairs – Driving on path
R 289 see Nature strip
R 290 see Traffic island
R 292 see Load(s) – ARRs
R 293 see Hazards – Objects on road
R 294-295 see Towing
R 296 see Reversing vehicle – ARRs
R 297 see Control of vehicle & Visibility
R 298 see Trailers
R 299 see Television/visual display unit in/on vehicles
R 300 see Mobile phones
R 301 see Animals – Leading animals while driving/riding
R 302 see Animals – ARRs
R 303-305 see Police officers – ARRs
R 314 -346 Traffic control devices
Governor’s power to make regs beyond ARRs
See Police v Williams 11/4/06 [2006] SASC 98 Full Court where held that Governor validly exercised the power to make regulations pursuant to s80(a) of the Road Traffic Act 1961 (SA) and that this power extended to making regulations beyond regulations contemplated by the ARRs. The issue was “whether the Governor, once the Governor had exercised the power to make rules, had power to effect the amendment or implied repeal of one of those rules by making an inconsistent regulation, or more precisely, an inconsistent regulation the making of which was not itself permitted or apparently contemplated by the rules” [7] Doyle CJ.
List of rules judicially considered
Only cases helpful in interpreting the rules are included.
R 12 see Stern @ Yellow edge line
R 13 see Stern @ Yellow edge line
R 20 see Lian at School zone – Speed limits
R 21 see RTA NSW v Ahmed 22/4/09 [2009] NSWSC 273 Schmidt AJ
[(2009) 52 MVR 570] It is not necessary to prove where the speed limit ends.
R 33 see Spiers @ Police officers – Emergency situation
R 37 see James @ U-turns – Inadvertance
R 38 see James @ U-turns – Inadvertance
R 46 see Dos Santos @ Indication – ARRs
R 56 see Byrne @ Traffic lights – Stopping at
R 57 see Shoolbread @ Rear end collisions – 100% responsibility
R 59 see Le Poidevin and Abouali @ Traffic lights – Stopping at
R 67 see Choong @ Stop lines/signs
R 73 see Torres & Oliver @ T-junction/intersection
R 77 see Moore at Buses – Pulling out from stop
R 78 see Spiers @ Police officers – Emergency situation
R 79 see Spiers @ Police officers – Emergency situation
R 87 see Moore at Buses – Pulling out from stop
R 109 see Davies at Roundabouts
R 112 as above
R 113 as above
R 114 as above
R 115 as above
R 118 as above
R 126 see Hudson Building Supplies P/L @ Travelling too close – To vehicle in front
See Penrith @ Buses – Braking sharply
R 128 see Parr @ Intersections – Blocked
R 130 see O’Halloran commentary at Keeping to the left and précis at Overtaking lanes – Head-on collision
R 140 see James @ Overtaking – ARRs
see O’Halloran commentary at Keeping to the left and précis at Overtaking lanes – Head-on collision
R 141 see Trentelman @ Cyclists – Car doors… & Parr @ Traffic lights – Yellow/amber
R 142 see James @ Overtaking – ARRs
R 148 see Dos Santos, Draca & Veigal @ Changing lanes – Giving way
R 153 see Parr @ Traffic lights – Yellow/amber
R 153(4) see Grosev at Bicycle lanes
R 167 see No-stopping zone – Stopping in
R 169 see Stern @ Yellow edge line & Singh at Stopping – Yellow edge line …
R 221 see ARR – NSW
R 231 see Emvalomas at Pedestrian crossing – Duties re approaching.
R 256(1) see Tkachenko at Cyclists – Helmets
R 264 see Maroney @ Seat belts – Properly adjusted & fastened (whether)
R 265(2)(c) see Chadwick @ South Australia – CLA s49
R 269(3) see Trentleman @ Cyclists – Car doors…
R 287 see Post-accident (Driver’s responsibilities)
R 296 see Davies @ Roundabouts
R 300 see Mobile phones
R 304 see Morey @ Police officers – ARRs
R 305-6 see Winter @ Police officers – Police chase/pursuit & Police Officer – Roadblock & Spiers @ Police officers – Emergency situation, In Spiers it was held that “so far as speed is concerned [the exemption contained in these provisions] does not exempt …from liability in tort.” See also Bryson @ Police officers – Police chase/pursuit
R 315 see Stern @ Yellow edge line
R 322 see Stern @ Yellow edge line
NSW
“61 The ARR are part of a national scheme of uniform road rules. They are incorporated into the law of New South Wales by clause 6 of the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 (the Regulation). However, by operation of clause 7 and clause 14 of Schedule 1 of the Regulation, r 221 of the ARR does not apply to the driver of any vehicle in New South Wales.” Kollas v Scurrah 7/3/08 [2008] NSWCA 17 Bell JA, Full Court
Whether ARRs validly enacted
See Howie v Burgess (For the City of Playford) 23/9/05 [2005] SASC 368 Layton J where ARRs challenged because submitted that Governor not validly appointed. Such argument was rejected.