Australian Capital Territory
Road Transport (Safety and Traffic Management) Amendment Regulation 2018 (No 1)
Subordinate Law SL2018-3

The Australian Capital Territory Executive makes the following regulation under the Road Transport (Safety and Traffic Management) Act 1999 and the Road Transport (General) Act 1999.
Dated 10 April 2018.
Shane Rattenbury
Minister
Mick Gentleman
Minister

Australian Capital Territory
Road Transport (Safety and Traffic Management) Amendment Regulation 2018 (No 1)
Subordinate Law SL2018-3
made under the
Road Transport (Safety and Traffic Management) Act 1999 and the Road Transport (General) Act 1999

    
    
Contents
	Page
	1	Name of regulation	1
	2	Commencement	1
	3	Legislation amended	1
	4	New section 59	1
	5	Section 66 (1), new note	2
Schedule 1	Consequential amendments	3
Part 1.1	Road Transport (Offences) Regulation 2005	3
Part 1.2	Road Transport (Road Rules) Regulation 2017	5

1	Name of regulation
This regulation is the Road Transport (Safety and Traffic Management) Amendment Regulation 2018 (No 1).
2	Commencement
	(1)	Schedule 1, part 1.1, amendment 1.2 and schedule 1, part 1.2 commence on the commencement of the Road Transport (Road Rules) Regulation 2017.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
	(2)	The remaining provisions commence on 14 April 2018.
3	Legislation amended
This regulation amends the Road Transport (Safety and Traffic Management) Regulation 2000.
Note	This regulation also amends other legislation (see sch 1).
4	New section 59
in division 2.3.8, insert
59	Approaching and passing stationary or slow moving emergency vehicle etc
	(1)	This section applies if a police vehicle or an emergency vehicle is—
	(a)	on a road; and
	(b)	stationary or moving slowly; and
	(c)	displaying flashing red or blue lights (whether or not it is also displaying other lights or sounding an alarm).
	(2)	A driver of a vehicle on the road must—
	(a)	approach the police vehicle or emergency vehicle at a speed at which the driver can, if necessary, stop safely before reaching the vehicle; and
	(b)	give way to any police officer or emergency worker on foot near the police vehicle or emergency vehicle; and
	(c)	pass the police vehicle or emergency vehicle at a speed of not more than—
	(i)	40km/h; or
	(ii)	if the applicable speed limit at the point the driver passes the police vehicle or emergency vehicle is less than 40km/h—the speed limit; and 
	(d)	after passing the police vehicle or emergency vehicle, drive at a speed at which the driver can, if necessary, stop safely, until the driver is a sufficient distance past the vehicle that the increase in speed does not risk the safety of any police officer or emergency worker on foot near the vehicle.
Maximum penalty:  20 penalty units.
	(3)	Subsection (2) does not apply if the driver is driving on a road that is divided by a median strip and the police vehicle or emergency vehicle is on the other side of the road and beyond the median strip.
5	Section 66 (1), new note
insert
Note	Power to make a statutory instrument (including an approval or declaration) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	Road Transport (Offences) Regulation 2005
[1.1]	Schedule 1, part 1.13, new items 64A to 64D
insert
64A	59 (2) (a) 	not drive at safe stopping speed when approaching stationary/slow moving police vehicle/emergency vehicle	20	257	2	
64B	59 (2) (b)	not give way to police officer/emergency worker on foot	20	257	2	
64C	59 (2) (c)	drive more than 40km/h or lower required speed limit when passing stationary/slow moving police vehicle/emergency vehicle	20	257	2	
64D	59 (2) (d)	not drive at safe stopping speed after passing stationary/slow moving police vehicle/emergency vehicle	20	257	2	
[1.2]	Schedule 1, part 1.12A, new items 520A to 520D
insert
520A	300C (2) (a)	not drive at safe stopping speed when approaching stationary/slow moving police vehicle/emergency vehicle	20	257	2	
520B	300C (2) (b)	not give way to police officer/emergency worker on foot	20	257	2	
520C	300C (2) (c)	drive more than 40km/h or lower required speed limit when passing stationary/slow moving police vehicle/emergency vehicle	20	257	2	
520D	300C (2) (d)	not drive at safe stopping speed after passing stationary/slow moving police vehicle/emergency vehicle	20	257	2	

Part 1.2	Road Transport (Road Rules) Regulation 2017
[1.3]	New section 300C
in division 18.1, insert
300C	Approaching and passing stationary or slow moving emergency vehicle etc
	(1)	This section applies if a police vehicle or an emergency vehicle is—
	(a)	on a road; and
	(b)	stationary or moving slowly; and
	(c)	displaying flashing red or blue lights (whether or not it is also displaying other lights or sounding an alarm).
	(2)	A driver of a vehicle on the road must—
	(a)	approach the police vehicle or emergency vehicle at a speed at which the driver can, if necessary, stop safely before reaching the vehicle; and
	(b)	give way to any police officer or emergency worker on foot near the police vehicle or emergency vehicle; and
	(c)	pass the police vehicle or emergency vehicle at a speed of not more than—
	(i)	40km/h; or
	(ii)	if the applicable speed limit at the point the driver passes the police vehicle or emergency vehicle is less than 40km/h—the speed limit; and 
	(d)	after passing the police vehicle or emergency vehicle, drive at a speed at which the driver can, if necessary, stop safely, until the driver is a sufficient distance past the vehicle that the increase in speed does not risk the safety of any police officer or emergency worker on foot near the vehicle.
Maximum penalty:  20 penalty units.
	(3)	Subsection (2) does not apply if the driver is driving on a road that is divided by a median strip and the police vehicle or emergency vehicle is on the other side of the road and beyond the median strip.

Endnotes
1	Notification
	Notified under the Legislation Act on 12 April 2018.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2018