Australian Road Rules

[new2ford]

A question for Keepleft.

In the recent thread on fog lights somebody raised the issue of whether the Australian Road Rules have precedence over variations in individual states. A case has come up in NSW with CityRail carparks where motorists were being fined in 90 degree parking areas is they didn't park rear to kerb as instructed by the signs. This has been overturned because it conflicts with the ARR which I think doesn't specify the direction of parking (according to news reports). However the RTA motorist's handbook says to park front to kerb (angle parking) unless instructed by signs - which suggests CityRail is right.

Likewise the RTA book is more specific than ARR about fog lights and, for example, about keeping left on multilane roads (ARR says keep left where zoing is 80 kph plus, RTA says 80+ zone or where 'keep left unless overtaking' sign applies).

So what's the answer? And why the inconsistencies?

[Keepleft]

I've just caught this, sorry - been sort of busy... anyhow -

In each State and Territory, the Australian Road Rules are adopted as Regulations into each jurisdictions l.a.w.

IF the RUH states advice, in contravention of court findings, then it will be replaced usually at the next reprint. The last was Nov/Dec 2006.

NOW, that said, SOME ARR's are NOT adopted in each jurisdiction.

Example 1, NT does not accept the 100km/h rural default at Rule 25, through its own seperate regulation.

Example 2, NSW does NOT use ARR's 215, 216, 217, 218, 219, 220, 221 (Lights) BECAUSE we have our own seperate, but largley harmonised regulations on each matter.

Example of a difference in relation to the above is that NSW regulations prohibit the use of front fog lights in clear conditions. Basically, we will adopt ARR's in relation to lighting, ONCE they catch up with existing NSW lighting regulations.

Ditto with some parking signs. Remember, a new raft of changes to the ARR is due sometime this year, or early next, impacting many items including lighting and parking etc. This will see the states and territories further harmonised in regulations via the ARR's, AND naturally will mean some NSW regulations will further harmonise with ARR.

I'll take a closer look at the NSW parking regulations. Typically, 'as signposted' does apply at law - if the sign was fixed by a 'road authority'. A road authority is stated at law. I would be of the view that a rail authority is not a road authority, and where using signs, must be to current stadnards, old signs are phased out as they die a natural death. No government agency can 'invent' a road sign.

There are still inconsistencies in both applied ARR's, jurisdictional regulations AND Australian Standards in relation to road traffic signs.

KEEPING LEFT - Take a look at the section in the Road Users' Handbook "Driving on a freeway or motorway". Note what we say about three laned sections.

We write that, even though our keep-left, multi-lane regulations are actual ARR adoption, but we are encouraging in NSW a European 'practice' in our texts, considering it worlds best practice, and virtually endorsed by the Commonwealth Roads Minister in his comments as to the desirability of German like lane discipline back in December 15, 2004 in Canberra, RTA have been advocating this behaviour via the RUH for some 7 or eight years now.

In this regard, some minor changes are due in the updated ARR's. This will open an opportunity to have similar texts in the QLD and VIC manuals.

The penalty in NSW for not keeping left on a multilane road increased to $225 AND three demerit points for the offence mid 2005. I understand the Liberal opposition membership would increasing this existing newish penalty to something somewhat 'tougher' to reflect the poor behaviour.

I'll await LAB policy soon.

Will take a close look at your signs issue when I get the chance.

You could easily see this by searching at: (Regulations in Force start under "R" and also cheack Acts). Easily done. Impacting here are potential national metrology issues.

www.legislation.nsw.gov.au

[new2ford]

Thanks Keepleft. Good to see some inconsistency still prevails! Years ago I was stopped by Victorian Police for not giving way to a police car (of all things I had to choose!) turning from the opposite direction when I was turning left (as was the correct procedure in NSW). I think the Vics have now stepped in line on that one. I didn't get booked on that occasion - I had a chat with them about the inconsistency of the Victorian law and they seemed to accept that. Phew!

What's this German style lane discipline? The Brits and some other Euros also have good lane discipline but don't perish in gotterdammerung style immolations on motorways because at least they have a maximum speed limit! Not all that's German is good.