Regulatory options for automated vehicles: ANNEX NTC ...264DF9EA... · Regulatory options for...

Regulatory options for automated vehicles: ANNEX May 2016 1

Regulatory options for automated vehicles: ANNEX

NTC analysis of legislation in Australia The following analysis supports the options discussed in Regulatory options for automated vehicles: discussion paper (NTC, 2016). Table 1 sets out the international conventions, national and model laws and state and territory legislation and regulation the NTC has identified as relevant to automated vehicles. Provisions identified in these conventions and laws may present a regulatory barrier or policy issue, primarily related to highly and fully automated vehicles where there is no human driver with responsibility for the vehicle.

Table 1: Legislation sources

Source Legislation

International 1949 Geneva Convention on Road Traffic

1968 Vienna Convention on Road Traffic

National/Model

Australian Road Rules

Australian Design Rules

Australian Light Vehicle Standards Rules 2015

Model Legislation — Transport of Dangerous Goods by Road or Rail) Regulations 2007

Heavy Vehicle National Law

Heavy Vehicle (Vehicle Standards) National Regulation

State and territory legislation

Road rules

Road safety and traffic laws

In-service vehicle standards

Passenger transport

Tolling

Criminal codes.

The NTC has adopted eight categories in the analysis, based on types of regulation. Table 2 sets out the nine categories. The number of provisions identified for each category is provided. Some provisions are relevant to more than one category. However, the laws that have the most significant issues or barriers to automated vehicles relate to general safety requirements and road rules compliance because these laws implicitly require a human driver.

Table 2: Regulatory categories and number of relevant provisions

Category

Description Number of provisions

1 Safety and road rules compliance

Obligations (generally on drivers) to ensure that the vehicle drives safely and satisfies the rules governing the use of a vehicle on a public road.

These include general safety requirements and requirements in relation to reckless driving and complying with speed limits and road rules.

These provisions may need to be amended for highly and fully automated vehicles to ensure that they still apply in the absence of a human driver.

296

2 Vehicle compliance requirements

Standards and requirements in relation to the vehicle itself, including the condition of the vehicle, modifications and any components and equipment on the vehicle.

These requirements may become redundant for vehicles that do not require a human driver (e.g. requirements for a steering wheel or mirrors) or may need to be made less prescriptive.

143

3 Licenses and permits

Obligations requiring licenses and permits for drivers and their vehicles. Examples include driver licences, bus operator requirements, taxi licenses, accreditation and container weight declarations.

These provisions may need to be amended for highly and fully automated vehicles to ensure that they still apply in the absence of a human driver.

53

4 Enforcement interaction

Obligations on drivers and other parties to comply with directions and instructions of enforcement officers. These include directions in relation to moving or manoeuvring vehicles, entering and inspecting vehicles and providing information to an officer.

These provisions may need to be amended to provide for different approaches to enforcement suitable for highly and fully automated vehicles, whilst maintaining the intent of the law.

80

5 Interaction with other road users

Obligations requiring drivers to interact with other road users in particular ways. These include providing warnings to other road users of accidents and assisting after accidents.

There may be a need to either exempt highly and fully automated vehicles from these provisions or amend the provisions to provide for different approaches to satisfy these obligations.

25

http://www.ntc.gov.au/current-projects/preparing-for-more-automated-road-and-rail-vehicles/


6 Not relevant to an AV Obligations on human drivers that would not be relevant for highly or fully automated vehicles. These include requirements in relation to fatigue, alcohol and drugs and the driving of buses.

There may be a need to exempt highly and fully automated vehicles from these provisions.

67

7 Passenger compliance

Obligations requiring the driver to take responsibility for passengers and other matters within the vehicle. These include ensuring children wear seat belts and ensuring that packages and animals are secured. For passenger transport drivers there are also requirements in relation to drunken passengers, dangerous conduct of passengers, maximum passenger numbers and passenger assistance.

There may be a need to either exempt highly and fully automated vehicles from these provisions or amend the provisions to provide for different approaches to satisfy these obligations.

15

8 Other passenger transport, tolling and taxi requirements

Obligations (that involve a driver) in relation to the operation of modes of passenger transport and the use of toll roads. These include taxi payment systems and processes, taximeters and toll payments by drivers and operators.

Further consideration of these provisions may be required to determine if they are still relevant for highly and fully automated vehicles and if so, to ensure that they still apply in the absence of a human driver.

87

Total number of provisions identified 716

Table 3 identifies 716 specific provisions from two conventions, 32 acts and 21 regulations which are relevant to automated vehicles. Relevant terms that may be an issue or regulatory barrier for automated vehicles that do not have a human driver (or the human driver is not always in control) are highlighted in bold.


Table 3: Legislative Analysis

Relevant term Relevant Provision Category

1949 Geneva Convention on Road Traffic

Driver, person, drives a vehicle Article 4: "Driver" means any person who drives a vehicle, including cycles, or guides draught, pack or saddle animals or herds or flocks on a road, or who is in actual physical control of the same;

Safety and road rules compliance

Driving mirror, view, his ANNEX 6.3: (b) Driving mirror Every motor vehicle shall be equipped with at least one driving mirror of adequate dimensions so placed as to enable the driver to view from his seat the road to the rear of the vehicle. However, this provision shall not be compulsory for motor cycles with or without sidecar.

Vehicle compliance requirements

Driver, driver’s seat ANNEX 6.3 Other conditions: (f) Reversing device Every motor vehicle shall be equipped with a reversing device controlled from the driver's seat if the weight of the motor vehicle when empty exceeds 400 kg. (900 lbs.).


Driver, see, him ANNEX 6.3 Other conditions: (j) (ii) Every motor vehicle shall be so constructed that the driver shall be able to see ahead, to the right and to the left, clearly enough to enable him to drive safely.


Driver Article 8.1: Every vehicle or combination of vehicles proceeding as a unit shall have a driver.


Driver, control Article 8.5: Drivers shall at all times be able to control their vehicles or guide their animals. When approaching other road users, they shall take such precautions as may be required for the safety of the latter.


He, driver Articles 9 and 10: examples of general use of the pronoun ‘he’ for driver.

Relevant definitions

Driver Article 22.1: Every motor vehicle and trailer shall be in good working order and in such safe mechanical condition as not to endanger the driver, other occupants of the vehicle or any person upon the road, or cause damage to public or private property.


Driver, him

Article 24.1: Each Contracting State shall allow any driver admitted to its territory who fulfils the conditions which are set out in Annex 8 and who holds a valid driving permit issued to him, after he has given proof of his competence, by the competent authority of another Contracting State or subdivision thereof, or by an Association duly empowered by such authority, to drive on its roads without further examination motor vehicles of the category or categories defined in Annexes 9 and 10 for which the permit has been issued.

Licenses and permits

1968 Vienna Convention on Road Traffic

Driver, his

Article 1: Definitions (v) “Driver” means any person who drives a motor vehicle or other vehicle (including a cycle), or who guides cattle, singly or in herds, or flocks, or draught, pack or saddle animals on a road; Article 8.1 Every moving vehicle or combination of vehicles shall have a driver. Article 8.3: Every driver shall possess the necessary physical and mental ability and be in a fit physical and mental condition to drive. Article 8.4: Every driver of a power-driven vehicle shall possess the knowledge and skill necessary for driving the vehicle; however, this requirement shall not be a bar to driving practice by learner drivers in conformity with domestic legislation. Article 8.5: Every driver shall at all times be able to control his vehicle or to guide his animals. Article 8.6: A driver of a vehicle shall at all times minimize any activity other than driving. Domestic legislation should lay down rules on the use of phones by drivers of vehicles. In any case, legislation shall prohibit the use by a driver of a motor vehicle or moped of a hand-held phone while the vehicle is in motion.


Drivers Article 7.5: The wearing of safety belts is compulsory for drivers and passengers of motor vehicles, occupying seats equipped with such belts, save where exceptions are granted by domestic legislation.


Driver, his, control

Article 13.1: Every driver of a vehicle shall in all circumstances have his vehicle under control so as to be able to exercise due and proper care and to be at all times in a position to perform all manoeuvres required of him. He shall, when adjusting the speed of his vehicle, pay constant regard to the circumstances, in particular the lie of the land, the state of the road, the condition and load of his vehicle, the weather conditions and the density of traffic, so as to be able to stop his vehicle within his range of forward vision and short of any foreseeable obstruction. He shall slow down and if necessary stop whenever circumstances so require, and particularly when visibility is not good.


Driver, arm, his

Article 14.3: Before turning or before a manoeuvre which involves moving laterally, the driver shall give clear and sufficient warning of his intention by means of the direction-indicator or direction indicators on his vehicle, or, failing this, by giving if possible an appropriate signal with his arm. Article 17.2: Every driver intending to slow down to an appreciable extent shall, except where his slowing down is in response to an imminent danger, first make sure that he can do so without danger or undue inconvenience to other drivers. He shall also, unless he has made sure that there is no vehicle following him or that any following vehicle is a long way behind, give clear and timely warning of his intention by making an appropriate signal with his arm. However, this provision shall not apply if warning of slowing down is given by the vehicle’s stop lights, referred to in Annex 5, paragraph 31, of this Convention.


Drivers, he

Article 19 (e): No road-user shall linger while traversing a level crossing; if a vehicle is compelled to stop, its driver shall endeavour to move it off the track, and, if he is unable to do so, immediately do everything he can to ensure that the drivers of rail-borne vehicles are warned of the danger in time. Article 23.4: A driver shall not leave his vehicle or his animals without having taken all suitable precautions to avoid any accident and, in the case of a motor vehicle, to prevent its unauthorized use. Article 24.1 (b): On Motorways: Drivers shall be forbidden: (i) To have their vehicles standing or parked elsewhere than at marked parking sites; if a vehicle is compelled to stop, its driver shall endeavour to move it off the carriageway and also off the flush verge and, if he is unable to do so, immediately signal the presence of the vehicle at a distance so as to warn approaching drivers in time; Article 25.3: Drivers are permitted to stop or park a vehicle only in case of emergency or danger. In doing so, they must, where possible, use the places specially indicated.


Obstructing driver’s view

Article 30.2: Every load on a vehicle shall be so arranged and, if necessary, stowed as to prevent it from: (a) Endangering persons or causing damage to public or private property, more particularly by trailing on or falling on to the road; (b) Obstructing the driver’s view or impairing the stability or driving of the vehicle;



Article 30: Passengers shall not be carried in such numbers or in such a way as to interfere with driving or obstruct the driver’s view.

Driver, identify themselves, notify Police, he

Article 31.1: Without prejudice to the provisions of domestic legislation concerning the obligation to assist the injured, every driver or other road-user involved in a traffic accident shall: (a) Stop as soon as he can do so without causing an additional danger to traffic; (b) Endeavour to ensure traffic safety at the site of the accident and, if a person has been killed or seriously injured in the accident, to prevent, insofar as such action does not affect traffic safety, any change in conditions at the site, including the disappearance of traces which might be useful for determining responsibilities; (c) If so requested by other persons involved in the accident, identify himself to them; (d) If a person has been injured or killed in the accident, notify the police and remain on the scene of the accident or return to it and wait there until the arrival of the police, unless he has been authorized by the police to leave or has to assist the injured or to receive attention himself.

Interaction with other road users

Driver

Article 41: 1. (a) Every driver of a motor vehicle must hold a driving permit; (b) Contracting Parties undertake to ensure that driving permits are issued only after verification by the competent authorities that the driver possesses the required knowledge and skills; the persons authorized to check if drivers have the necessary knowledge and skills must have appropriate qualifications; the contents and procedure of both theoretical and practical exams are regulated by national legislation; (c) Domestic legislation must lay down requirements for obtaining a driving permit. In particular, it shall specify the minimum ages for holding a permit, the medical conditions to be fulfilled and the conditions for passing the theoretical and practical exams;


Driver, muscular energy, see, driving position, clear view of the

road

Annex 5: (c) The term “parking brake” means the device used to hold the vehicle stationary in the driver’s absence, or, in the case of trailers, when the trailer is uncoupled; Annex 5: 5. Every motor vehicle other than a motorcycle shall have brakes which can be easily operated by the driver when in his driving position. Annex 5: 10 If the control of the service brake is assisted, partially or totally, by an energy source other than the muscular energy of the driver, it shall be possible to stop the vehicle within a reasonable distance even in the event of the failure of the energy source. Annex 5: 46. Every motor vehicle shall be equipped with a strong steering mechanism which will allow the driver to change the direction of the vehicle, easily, quickly and surely. Annex 5: 47. Every motor vehicle shall be equipped with one or more driving (rear-view) mirrors; the number, dimensions and arrangement of these mirrors shall be such as to enable the driver to see the traffic to the rear of his vehicle. Annex 5: 49. Every motor vehicle having a windscreen of such dimensions and shape that the driver cannot normally see the road ahead from his driving position except through the transparent part of the windscreen, shall be equipped with at least one efficient and strongly built windscreen-wiper in an appropriate position, the functioning of which does not require constant action by the driver. Annex 5: 51. (b) The transparent parts of the windscreen shall be made of a substance whose transparency does not deteriorate; they shall be such that they do not cause any appreciable distortion of objects seen through the windscreen, and that, in case of breakage, the driver still has a sufficiently clear view of the road. Annex 5: 52. Every motor vehicle shall be equipped with a reversing device controlled from the driving position. Annex 5: 55. Every motor vehicle capable of exceeding 40 km (25 miles) per hour on a level road shall be equipped with a speedometer; Contracting Parties may, however, exempt certain categories of motorcycles and other light vehicles from this requirement. Annex 5: 55.(c) Every motor vehicle shall be so constructed that the driver’s field of vision ahead, and to both right and left, is sufficient to enable him to drive safely.


Australian Road Rules

Road user, driver

11 Australian Road Rules apply to vehicles and road users on roads and road-related areas

(1) The Australian Road Rules apply to vehicles and road users on roads and road-related areas. 14 Road users A road user is a driver, rider, passenger or pedestrian


Driver, person

16 Who is a driver (1) A driver is the person who is driving a vehicle (except a motor bike, bicycle, animal or animal-drawn vehicle). (2) However, a driver does not include a person pushing a motorised wheelchair. Any and all other provisions that use ‘driver’.


Driver, hand,

49 How to give a right change of direction signal (1) The driver of a vehicle must give a right change of direction signal by operating the vehicle’s right direction indicator lights. (2) However, if the vehicle’s direction indicator lights are not in working order or are not clearly visible, or the vehicle is not fitted with direction indicator lights, the driver must give the change of direction signal by giving a hand signal in accordance with rule 50, or using a mechanical signalling device fitted to the vehicle.


Driver, arm, hand, palm

50 How to give a right change of direction signal by giving a hand signal To give a hand signal for changing direction to the right, the driver must extend the right arm and hand horizontally and at right angles from the right side of the vehicle, with the hand open and the palm facing the direction of travel.


Driver, hand, arm, forearm, palm

54 How to give a stop signal (1) The driver of a vehicle must give a stop signal by means of the vehicle’s brake lights. (2) However, if the vehicle’s brake lights are not in working order or are not clearly visible, or the vehicle is not fitted with brake lights, the driver must give the stop signal by giving a hand signal in accordance with rule 55, or using a mechanical signalling device fitted to the vehicle. 55 How to give a stop signal by giving a hand signal (1) To give a hand signal for stopping or suddenly slowing, the driver must extend the right arm and hand at right angles rom the right side of the vehicle, with the upper arm horizontal and the forearm and hand pointing upwards, and with the hand open and the palm facing the direction of travel.


Driver, 213 Making a motor vehicle secure Safety and road rules compliance


(1) This rule applies to the driver of a motor vehicle who stops and leaves the vehicle on a road, except so far as the driver is exempt from this rule under another law of this jurisdiction. (2) Before leaving the vehicle, the driver must apply the parking brake effectively or, if weather conditions (for example, snow) would prevent the effective operation of the parking brake, effectively restrain the motor vehicle’s movement in another way. Offence provision. (3) If the driver will be over 3 metres from the closest part of the vehicle, the driver must switch off the engine before leaving the vehicle. Offence provision. (4) If the driver will be over 3 metres from the closest part of the vehicle, and: (a) there is no-one left in the vehicle; or (b) there is only a child or children under 16 years old left in the vehicle; the driver must remove the ignition key before leaving the vehicle. Offence provision. (5) If the driver will be over 3 metres from the closest part of the vehicle and there is no-one left in the vehicle, the driver must: (a) if the windows of the vehicle can be secured — secure the windows immediately before leaving the vehicle and (b) if the doors of the vehicle can be locked — lock the doors immediately after leaving the vehicle. Offence provision. (6) For the purposes of subrule (5), a window is secure even if it is open by up to 2 centimetres

Driving, wear

264 Wearing of seatbelts by drivers (1) The driver of a motor vehicle that is moving, or is stationary but not parked, must comply with this rule if the driver’s seating position is fitted with an approved seatbelt. Offence provision. Note Driver is defined in rule 16, approved seatbelt, motor vehicle and park are defined in the dictionary. (2) The driver must wear the seatbelt properly adjusted and fastened unless the driver is: (a) reversing the vehicle; or (b) exempt from wearing a seatbelt under rule 267.


Driver, stop, give

287 Duties of a driver involved in a crash (1) A driver involved in a crash must comply with this rule. Offence provision. Note 1 Crash is defined in the dictionary. Note 2 The law of this jurisdiction also requires a driver involved in a crash to stop and give assistance to anyone who is injured. (2) The driver must stop at the scene of the crash and give the driver’s required particulars, within the required time and, if practicable, at the scene of the crash, to: (a) any other driver (or that driver’s representative) involved in the crash; and (b) any other person involved in the crash who is injured, or the person’s representative; and (c) the owner of any property (including any vehicle) damaged in the crash (or the owner’s representative), unless, in the case of damage to a vehicle, the particulars are given to the driver of the vehicle (or the driver’s representative). (3) The driver must also give the driver’s required particulars, within the required time, to a police officer if: (a) anyone is killed or injured in the crash; or (b) the driver does not, for any reason, give the driver’s required particulars to each person mentioned in subrule (2); or (c) the required particulars for any other driver involved in the crash are not given to the driver; or (d) a vehicle involved in the crash is towed or carried away by another vehicle (except if another law of this jurisdiction provides that the crash is not required to be reported); or (e) the crash is required to be reported to a police officer under another law of this jurisdiction.


Driver, control

294 Keeping control of a vehicle being towed (1) The driver of a motor vehicle must not tow another motor vehicle unless: (a) either: (i) the driver can control the movement of the towed vehicle; or (ii) the brakes and steering of the towed vehicle are in working order and a person who is licensed to drive the towed vehicle is sitting in the driver’s seat of the towed vehicle, and is in control of its brakes and steering; and (b) it is safe to tow the towed vehicle. Offence provision. Note Motor vehicle is defined in the dictionary. (2) The driver of a motor vehicle must not tow a trailer unless: (a) the driver can control the movement of the trailer; and (b) it is safe to tow the trailer.


Drive, lap 297 Driver to have proper control of a vehicle etc (1A) A person must not drive a vehicle if a person or an animal is in the driver’s lap.


Person, obey

304 Direction by a police officer or authorised person (1) A person must obey any reasonable direction for the safe and efficient regulation of traffic given to the person by a police officer or authorised person, whether or not the person may contravene another provision of the Australian Road Rules by obeying the direction. Offence provision.

Enforcement interaction

Australian Design Rules

Driver, reversing lamps The function of this Australian Design Rule is to specify the photometric requirements for reversing lamps which will warn pedestrians and other road users that the vehicle is about to move or is moving in the reverse direction, and which during the hours of darkness will aid the driver in reversing manoeuvres.


Seatbelts, driver, his, he/she, driver’s seat, designated seating

position.

The function of this Australian Design Rule is to specify requirements for seatbelts to restrain vehicle occupants under impact conditions, facilitate fastening and correct adjustment, assist the driver to remain in his ‘Seat’ in an emergency situation and thus maintain control of the vehicle, and protect against ejection in an accident situation. 2.39. "Safety-belt reminder", means a system dedicated to alert the driver when he/she does not use the safety-belt. The system is constituted by a detection of an unfastened safety-belt and by two levels of driver's alert: a first level warning and a second level warning." 2.42. "First level warning" means a visual warning activated when the ignition switch is engaged (engine running or not) and the driver's safety-belt is not fastened. An audible warning can be added as an option. 2.43. "Second level warning" means a visual and audible warning activated when a driver operates a vehicle without fastening the safety-belt. 2.44. "Safety-belt is not fastened" means, at the option of the manufacturer, either the driver safety-belt buckle is not engaged or the webbing length pulled out of the retractor is 100 mm or less. 6.2.5.3.1.5. In cases where the operation of a retractor depends on an external signal or power source, the design shall ensure that the retractor locks automatically upon failure or interruption of that signal or power source. However, this requirement need not be met in the case of a retractor with multiple sensitivities, provided only one sensitivity is dependent on an external signal or power source and the failure of the signal or power source is indicated to the driver by optical and/or acoustical means. 8.4.1. The driver seating position of the MB1B category of vehicles 9/, shall be equipped with a safety-belt reminder satisfying the requirements of this Regulation. Where the vehicle manufacturer provides



a safety-belt reminder system on the driver seat in another category of vehicle, the safety-belt reminder system may be approved according to this Regulation /. 8.4.2.1.1. Visual warning shall be so located as to be readily visible and recognisable in the daylight by the driver and distinguishable from other alerts. 8.4.2.1.4. Audible warning shall be easily recognized by the driver. 8.4.2.2. First level warning shall be at least a visual warning activated for 4 seconds or longer when the driver safety-belt is not fastened and the ignition switch is engaged. 4.7.1. Designated seating position: driver and outside front passenger 4.16.1. in the case of the front row, the driver's seat;

Driver’s seat, designated seating position. Driver

5.1.6.2.1. the plane P for the driver's seat is a vertical plane parallel to the median longitudinal plane of the vehicle which passes through the centre of the steering-wheel in the plane of the steering-wheel rim when the steering-wheel, if adjustable, is in its central position. 5.1.6.2.2the plane P for the front outboard passenger shall be symmetrical with that of the driver. 4.7.1. Designated seating position: driver and outside front passenger 4.16.1. in the case of the front row, the driver's seat;


Driver, driver’s hand, driver's clothing or jewellery, designated

seating position.

This Vehicle Standard prescribes the minimum performance requirements for steering mechanisms to minimise crushing or penetrating injuries to drivers due to the ‘Steering Column’ as a result of frontal impact. 2.5. "steering control" means the steering device, usually the steering wheel, which is actuated by the driver; 2.8. "Steering control rim" means the quasi-toroidal outer ring in the case of the steering wheel usually griped by the driver's hands during driving; 2.12"Plane of the steering control" means in the case of the steering wheel the flat surface that splits the steering wheel rim equally between the driver and the front of the car; 5.4.1 Before the impact test prescribed in paragraphs 5.2. and 5.3. above no part of the steering control surface, directed towards the driver, which can be contacted by a sphere of 165 mm in diameter shall present any roughness or sharp edges with a radius of curvature of less than 2.5 mm. 5.4.1.1. After any impact test prescribed in paragraphs 5.2. and 5.3. the part of the steering control surface directed towards the driver shall not present any sharp or rough edges likely to increase the danger or severity of injuries to the driver. Small surface cracks and fissures shall be disregarded. 5.4.2. The steering control shall be so designed, constructed and fitted as not to embody components or accessories, including the horn control and assembly accessories, capable of catching in the driver's clothing or jewellery in normal driving movements. 4.7.1. Designated seating position: driver and outside front passenger


Driver’s seat, discomfort to the driver, normal seating position,

one person, driver’s door.

7.2.4.3.3In the case of front lamps mounted on motor vehicles, be within the front third of the vehicle’s length but not forward of a vertical transverse plane through the rear most point of the driver’s ‘seat’ when in its rearmost normal driving position. 7.3.4.3 In length: at the front of the vehicle and fitted in such a way that the light emitted does not cause discomfort to the driver either directly or indirectly through the rear-view mirrors and/or other reflecting surfaces of the vehicle. 8.5.4 Position: In paragraph 6.13.4 of Appendix A, additionally an end-outline marker lamp at or near the front of a motor vehicle may be mounted on an external rear vision mirror or a mirror support provided that no part of the lens of the lamp is visible to the driver when seated in the normal driving position and the mirror is correctly adjusted. 6.1.4.3. In length: At the front of the vehicle. This requirement shall be deemed to be satisfied if the light emitted does not cause discomfort to the driver either directly or indirectly through the devices for indirect vision and/or other reflecting surfaces of the vehicle. 6.2.6.1.1. The initial downward inclination of the cut off of the dipped-beam to be set in the unladen vehicle state with one person in the driver's seat shall be specified within an accuracy of 0.1 per cent by the manufacturer and indicated in a clearly legible and indelible manner on each vehicle close to either headlamp or the manufacturer's plate by the symbol shown in Annex 7. 2.7.11. "Direction indicator lamp" means the lamp used to indicate to other road users that the driver intends to change direction to the right or to the left. 6.22.7.5. It shall always be possible for the driver to set the AFS to the neutral state and to return it to its automatic operation. 6.22.8.3. If the main-beam is adaptive, a visual tell-tale shall be provided to indicate to the driver that the adaptation of the main beam is activated. This information shall remain displayed as long as the adaptation is activated. 2.7.28.7. "Adaptive main-beam" means a main-beam of the AFS that adapts its beam pattern to the presence of oncoming and preceding vehicles in order to improve the long-range visibility for the driver without causing discomfort, distraction or glare to other road users. 6.1.8.1. If the control of the main-beam headlamps is automatic as described in paragraph 6.1.7.1. above an indication shall be provided to the driver that the automatic control of the main-beam function is activated. This information shall remain displayed as long as the automatic operation is activated. 6.2.7.6.3. Distinctive means are provided to inform the driver that the headlamps, position lamps and if so equipped end outline marker lamps and side marker lamps are not illuminated. 6.3.6.1.1. In the case of class "B" front fog lamps the vertical inclination of the cut-off to be set in the unladen vehicle state with one person in the driver's seat shall be -1.5 per cent or lower. 6.11.7.3.2. A warning, at least audible, additional to the mandatory tell-tale (paragraph 6.11.8.) shall be given if the ignition is switched off or the ignition key is withdrawn and the driver's door is opened, whether the lamps in (paragraph 6.11.7.1.) are on or off, whilst the rear fog lamp switch is in the "on" position.


Driver; driving seat, without removing his hands from the steering control, even in the

absence of the driver,

The service braking system must make it possible to control the movement of the vehicle and to halt it safely, speedily and effectively, whatever its speed and load, on any up or down gradient. It must be possible to graduate this braking action. The driver must be able to achieve this braking action from his driving seat without removing his hands from the steering control. 5.1.2.2. Secondary braking system



The secondary braking system must make it possible by application of the service brake control to halt the vehicle within a reasonable distance in the event of failure of the service braking system. It must be possible to graduate this braking action. The driver must be able to obtain this braking action from his driving seat without removing his hands from the steering control. For the purposes of these provisions it is assumed that not more than one failure of the service braking system can occur at one time. 5.1.2.3. Parking braking system The parking braking system must make it possible to hold the vehicle stationary on an up or down gradient even in the absence of the driver, the working parts being then held in the locked position by a purely mechanical device. The driver must be able to achieve this braking action from his driving seat. 5.2.10 Disconnection of the braking surfaces of the parking braking system shall be permitted only on condition that the disconnection is controlled exclusively by the driver from his driving seat, by a system incapable of being brought into action by a leak.

Driver; direct and clear view, designated seating position; driver display, upright to the

driver while driving, driver's seat belt fastened, visible to the

driver, impede driver

4.3.4. The ‘Control’ by which the ‘Parking Brake System 35/..’ is actuated must be located so that it is readily accessible to the driver in the normal driving position. 4.5.4. The ‘Control’ of the ‘Secondary Brake System’ must be capable of releasing and applying the secondary brake after its first application. The ‘Control’ must be so placed that it can be operated by the driver in the normal driving position. 4.5.10.1. The ‘Control’ which actuates this function must be located so that it is readily accessible to the driver in the normal driving position and, marked with the words ‘TRAILER EMERGENCY BRAKES’ and a description of how to operate the control, e.g. ‘TRAILER EMERGENCY BRAKES – PULL’. 4.7.5.1. a gauge(s) must be fitted to indicate the pressure in each independent storage system. The gauge(s) must be visible to the driver when seated in the normal driving position and must be accurate to within 7 percent of the cut-out pressure of the pressure limiting device fitted to the energy source. The ESC malfunction tell-tale: 3.4.1.1. Shall be displayed in direct and clear view of the driver, while in the driver's designated seating position with the driver's seat belt fastened; 3.4.1.2. Shall appear perceptually upright to the driver while driving; parison with a determination of vehicle behaviour demanded by the driver; 3.4.1.5. When illuminated must be sufficiently bright to be visible to the driver under both daylight and night-time driving conditions, when the driver has adapted to the ambient roadway light conditions; 3.5.3 Alternatively, in the case where the ESC system mode is controlled by a multi-functional control, the driver display shall identify clearly to the driver the control position for this mode using either the symbol in paragraph 3.5.2. or the text "ESC OFF". 3.6.2.1. Shall be displayed in direct and clear view of the driver while in the driver's designated seating position with the driver's seat belt fastened; 3.6.2.2. Shall appear perceptually upright to the driver while driving; 3.6.2.5. When illuminated, shall be sufficiently bright to be visible to the driver under both daylight and night time driving conditions, when the driver has adapted to the ambient roadway light conditions; 0.16.1. "Category A Brake Assist System" means a system which detects an emergency braking condition based primarily / on the brake pedal force applied by the driver. 0.16.2. "Category B Brake Assist System" means a system which detects an emergency braking condition based primarily2/ on the brake pedal speed applied by the driver. 2.3.1. Test vehicle loading condition: The vehicle shall be unladen. There may be, in addition to the driver, a second person on the front seat who is responsible for noting the results of the tests. 12.1. A motor vehicle must not be so constructed or equipped nor must anything be affixed thereto in such a manner as to prevent the driver from having an adequate view of traffic on either side of the vehicle and in all directions in front of the vehicle to enable the vehicle to be driven with safety 16. All motor vehicles, excepting non-enclosed LE vehicles with an ‘Unladen Mass’ of less than 450 kg and LA; LB; LC; and LD vehicles, must be capable of being so operated by the driver from the normal seating position that they may be propelled both forwards or backwards. 18.1. All television receivers or visual display units and their associated equipment must be securely mounted in a position which: 18.1.1. does not obscure the driver’s vision; 18.1.2. does not impede driver or passenger movement in the vehicle; and 18.1.3. is unlikely to increase the risk of occupant injury. 18.2. Restriction on Visibility of Screen Unless a driver’s aid, all television receivers or visual display units must be installed so that no part of the image on the screen is visible to the driver from the normal driving position. 4.1 ‘Full Power Steering Equipment’ - A steering system in which the steering forces are provided solely by one or more energy supplies and where it is not possible to steer the vehicle by the muscular effort of the driver alone. 7.1.3. Vehicles with 'full power steering equipment' shall be capable of providing steering failure and defect visual warning signals to the driver. 44.3.5. Interior Lighting 44.3.5.1. An interior lamp(s) shall be provided which, when illuminated, shows white light for the convenience of passengers. A control for such lamp(s) shall be provided for operation by the driver from the normal driving position. Roof sign for taxis 44.3.7.4 have a visual indicating device visible to the driver when seated in the normal driving position to indicate whether or not the roof sign is illuminated 44.3.9.4. Controls for taximeter and 2-way radio shall be accessible to the driver when seated in the normal driving position. Emergency community service vehicles 44.7.2.3. In the case of vehicles permitted to display flashing warning lamps, additional lamps may be mounted in any position on the vehicle provided that no part of the lens of the lamps is visible either directly or indirectly to the driver when seated in the normal driving position.


Australian Light Vehicle Standards Rules 2015

Including the driver, in control of, person driving the vehicle, drive,

driver

bus means a motor vehicle built mainly to carry people that seats over 9 adults (including the driver). car means a motor vehicle built mainly to carry people that:

(a) seats not over 9 adults (including the driver); and Safety and road rules compliance


drive includes be in control of. driver, of a vehicle, means the person driving the vehicle.

Right hand drive

26 Steering (1) A motor vehicle must have a right-hand drive if the vehicle: (a) is less than 30 years old; and (b) is required under a law of this jurisdiction to have a right-hand drive. (2) A motor vehicle has a right-hand drive if the centre of at least 1 steering control of the vehicle is to the right of, or in line with, the centre of the vehicle.


Driver, normal driving position, clearly see, the driver’s view, not

impede the movement, obtain an adequate view of the road,

apply the brakes

28 Ability to travel backwards and forwards A motor vehicle with an unloaded mass over 450 kilograms must be able to be driven both backwards and forwards when the driver is in the normal driving position. 34 Rear vision mirrors (4) A rear vision mirror fitted to a motor vehicle as required by this rule must be fitted so that the vehicle’s driver in a normal driving position can clearly see by reflection the road behind the vehicle and any following or overtaking vehicle. 41 Television receivers and visual display units

(1) A television receiver or visual display unit must not be installed in a vehicle so any part of the image on the screen is visible to the driver from the normal driving position.

(3) A television receiver, or visual display unit, and its associated equipment in a vehicle must be securely mounted in a position that: (a) does not obscure the driver’s view of the road; and (b) does not impede the movement of a person in the vehicle. 45 Windscreen wipers and washers

(1) A motor vehicle with 3 or more wheels that is fitted with a windscreen must be fitted with at least 1 windscreen wiper unless a driver in a normal driving position can obtain an adequate view of the road ahead of the motor vehicle without looking through the windscreen.

79 Changing headlights from high-beam to low-beam position (1) A motor vehicle built after 1934 that can travel at over 60 kilometres an hour must be fitted with: (a) a dipping device enabling the driver in the normal driving position: (i) to change the headlights from the high-beam position to the low-beam position; or (ii) simultaneously to switch off a high-beam headlight and switch on a low-beam headlight; and 117 Mechanical signalling devices (1) A mechanical signalling device must: (a) be fitted to the right side of the vehicle; and (b) be able to be operated by the driver from a normal driving position; and 118 Turn signals

(b) be fitted to the side of the motor vehicle at least 50 centimetres and not over 2.1 metres above ground level, in a position so the driver of the vehicle, from the normal driving position, can see whether the signal is in operation; and

124 Operation of brakes on motor vehicles The braking system on a motor vehicle must be arranged to allow the driver of the motor vehicle to apply the brakes from a normal driving position. 127 Operation of brakes on trailers

(1) The braking system of a trailer with a GTM over 2 tonnes must allow the driver of a motor vehicle towing the trailer to operate the brakes from a normal driving position. 128 Air or vacuum brakes on trailers (3) An air or vacuum storage system must: (a) be built to give a visible or audible warning to the driver of the towing vehicle, while in a normal driving position, of a lack of air or vacuum that would prevent the brakes from meeting the performance standards of rule 122; and 132 Requirements of DT 80 test cycle (2) The DT 80 test cycle must be conducted on a chassis dynamometer system that: (k) incorporates a driver control panel for remote operation of critical functions from the driver’s seat, including controls for start test and stop test; and


View, controls

30 Driver’s view and vehicle controls A motor vehicle must be built: (a) to allow the driver a view of the road and of traffic to the front and sides of the vehicle so the driver can drive the vehicle safely; and (b) with its controls located so the driver can drive the vehicle safely.


Seat, driver 31 Seating A seat for a driver or passenger in a vehicle must be securely attached to the vehicle.


Model Legislation — Transport of Dangerous Goods by Road or Rail) Regulations 2007

Driver,

20 Direction to stop road vehicle (1) An authorised officer may, for compliance purposes, direct: (a) the driver of a vehicle to which this Division applies to stop the vehicle; or (b) the driver of the vehicle or any other person not to do any one or more of the following: (i) move the vehicle; (ii) interfere with it or any equipment in or on it; (iii) interfere with its load. 21 Direction to move road vehicle (1) An authorised officer may, for compliance purposes, direct the driver of a vehicle to which this Division applies to move it or cause it to be moved to the nearest suitable location that is

within the prescribed distance and specified by the officer. 22 Direction to produce documents (1) An authorised officer may, for compliance purposes, direct the driver of a vehicle to which this Division applies to produce to the authorised officer:



(a) the driver’s driver licence; and (b) any licence the driver is required to have by the {subordinate law}; and (c) any transport documentation that is required to be carried on the vehicle by the {subordinate law}. 23 Direction to move a road vehicle: where danger or obstruction (1) This section applies where an authorised officer believes on reasonable grounds that a vehicle to which this Division applies is: (a) seriously endangering public safety, the environment or road infrastructure; or (b) causing or likely to cause an obstruction to traffic. (2) The officer may direct the driver of the vehicle to do either or both of the following: (a) to move it, or cause it to be moved, to the extent necessary to avoid the danger or obstruction; (b) to do anything else reasonably required by the officer, or to cause anything else reasonably required by the officer to be done, to avoid the harm or obstruction. 24 Direction to leave vehicle (1) This section applies where the driver of a vehicle to which this Division applies fails to comply with a direction given by an authorised officer under another provision of this Division. (2) It also applies where an authorised officer believes on reasonable grounds that the driver of a vehicle to which this Division applies: (a) is not fit to drive the vehicle in order to comply with such a direction because the person: (i) is apparently not physically or mentally fit to do so; or (ii) is so affected by alcohol or a drug as to be unfit to do so; or (b) is not qualified to drive the vehicle in order to comply with such a direction; or (c) is not authorised to drive the vehicle in order to comply with such a direction because the person does not have the approval to do so of the person who is responsible for controlling or

directing the operations of the vehicle. (3) The officer may direct the driver to do any one or more of the following: (a) to vacate the driver’s seat; (b) to leave the vehicle; (c) not to occupy the driver’s seat until permitted to do so by an authorised officer; (d) not to enter the vehicle until permitted to do so by an authorised officer. 29 Powers of authorised officers — immobilised road vehicle (1) This section applies where an authorised officer believes on reasonable grounds that a vehicle to which this Division applies is broken down or otherwise immobilised on a road. (2) The authorised officer may give directions to the driver or a person apparently in charge of the vehicle about how: (a) repair work is to be carried out on the vehicle; or (b) the vehicle is to be towed off the road; or (c) the dangerous goods are to be removed from the vehicle; or (d) the dangerous goods are to be dealt with after their removal from the vehicle. 30 Powers of authorised officers in emergencies (1) This section applies if a vehicle to which this Division applies is involved in an incident resulting in a dangerous situation. (new) (2) An authorised officer may give directions to the driver or a person apparently in charge of the vehicle about: (a) the transport of the goods from the place of the incident; or (b) how otherwise to deal with the goods. (new) 34 Powers of authorised officers — train drivers (1) An authorised officer may, for compliance purposes, direct the driver of a train that includes a unit of rolling stock to which this Division applies or any other person not to do any one or more of the

following: (a) move the train; (b) interfere with the train or any equipment in or on it; (c) interfere with any load on any unit of rolling stock that forms part of the train. 36 Powers of authorised officers — documents (1) An authorised office may direct the driver of a train that includes a unit of rolling stock to which this Division applies to produce to the authorised officer any transport documentation that is required

to be carried on the train by the {subordinate law}. 40 Powers of authorised officers in emergencies (1) This section applies if a train that includes rolling stock to which this Division applies is involved in an incident resulting in a dangerous situation. (new) (2) An authorised officer may give, to the driver of the train or the rail operator, directions about: (a) the transport of the goods from the place of the incident; or (b) how otherwise to deal with the goods. (new)

Drive

4.3.6 Driver’s duties A person must not drive a road vehicle transporting dangerous goods in packaging if the person knows, or reasonably ought to know, that the packaging is damaged or defective to the extent that it

is not safe to use to transport the goods by road. 4.4.14 Driver’s duties — IBCs, portable tanks and MEGCs A person must not drive a road vehicle transporting dangerous goods in an IBC, portable tank or MEGC if the person knows, or reasonably ought to know, that the IBC, portable tank or MEGC is

unsuitable for the transport of the goods. Offence provision. (4.13, 4.21-road only, amd)

4.4.15 Driver’s duties — bulk containers A person must not drive a road vehicle transporting dangerous goods in a bulk container if the person knows, or reasonably ought to know, that: (a) the transport of the goods in the bulk container is not authorised in Chapter 4.3 of the ADG Code; or (b) the goods are not being transported in the bulk container in accordance with Chapter 4.3 of the ADG Code.

Offence provision. (4.6 (1) ) 4.4.16 Driver’s duties — road tank vehicles A person must not drive a road tank vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that: (a) the material of which the road tank vehicle is constructed is compatible with the dangerous goods; or (b) the road tank vehicle is not damaged or defective to the extent that it is not safe to use to transport the goods; or (c) the transport of the goods in the road tank vehicle is not permitted by Section 4.4.2.2 of the ADG Code; or



(d) the goods are not being transported in the road tank vehicle in accordance with Section 4.4.2 of the ADG Code. Offence provision. (4.11, amd)

4.6.5 Driver’s duties A person must not drive a road vehicle transporting dangerous goods in an overpack if the person knows, or reasonably ought to know, that the packages cannot be transported safely in the

overpack. 5.3.6 Driver’s duties (1) A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that: (a) the goods are a placard load; and (b) the load is not appropriately placarded.

Offence provision. (2) A person must not drive a road vehicle transporting a placard load if the person knows, or reasonably ought to know, that the placarding of the load is false or misleading in a material particular.

Offence provision. (3) A person must not drive a road vehicle that is or incorporates a transport unit that is placarded as if it is transporting a placard load if the person knows or reasonably ought to know that the load

does not contain dangerous goods but is placarded as if it were a placard load. 6.1.5 Driver’s duties A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that the road vehicle or its equipment does not comply with Chapters 4.4 and

6.9 of the ADG Code. (8.4-road, amd/2) 7.1.5 Driver’s duties A person must not drive a road vehicle transporting dangerous goods to which this Division applies if the person knows the dangerous goods will not be transported in accordance with Chapter 7.1

of the ADG Code. 7.2.4 Driver’s duties A person must not drive a vehicle transporting goods if the person knows, or reasonably ought to know, that the goods are goods that are too dangerous to be transported. 8.1.4 Driver’s duties A person must not drive a road vehicle transporting a load of dangerous goods that is a placard load if the person knows, or reasonably ought to know, that the goods are not attached and stowed

on the road vehicle or freight container in accordance with Part 8 of the ADG Code. (9.12-road only, amd/2) 9.1.7 Driver’s duties A person must not drive a road vehicle transporting dangerous goods if the person knows, or reasonably ought to know, that: (a) the road vehicle is, in the same journey, transporting incompatible goods; and (b) the dangerous goods are not segregated from the incompatible goods in accordance with: (i) Part 9 of the ADG Code; or (ii) any determination under paragraph 1.6.1 (2) (b) or (iii) any approval under {subclause} 9.1.8 (3). 10.3.4 Driver’s duties A person must not drive a road tank vehicle that is transporting dangerous goods if the person knows, or reasonably ought to know, that: (a) for dangerous goods of UN Class 2 that are not in the form of refrigerated liquid — the quantity of goods in the tank exceeds the maximum permitted filling ratio set out in section 10.3.2 of the

ADG Code; or (b) in any other case — the ullage in the tank does not comply with section 10.3.1 of the ADG Code. (10.3, amd/2) 11.1.6 Driver’s duties (1) The driver of a road vehicle transporting dangerous goods must carry transport documentation for the goods.

Offence provision. (2) The driver of a road vehicle transporting dangerous goods must produce the transport documentation for the goods for inspection by an authorised officer, or an officer of an emergency service, if

the officer asks the driver to produce the documentation for inspection. Offence provision.

{(3) An offence against {subclause} (1) or (2) is an offence of strict liability.} (11.4-road, amd/2) 11.1.7 Train driver’s duties (1) This {clause} does not apply if the train driver transporting dangerous goods is engaged in shunting operations and the transport documentation for the goods is readily available elsewhere in the

immediate vicinity of those operations. (2) A person must not drive a train, from a depot or yard, that the person knows, or reasonably ought to know, is transporting dangerous goods, if the person does not have transport documentation that

complies with Chapter 11.1 of the ADG Code for the goods. Offence provision.

(3) A train driver transporting dangerous goods must produce the transport documentation for the goods for inspection by an authorised officer or an officer of an emergency service, if the officer asks the driver to produce the documentation for inspection. (11.4-rail, amd)

11.2.4 Rail operator’s duties (1) A rail operator must not transport a placard load in a transport unit on a train if the emergency information for the goods is not in the train driver’s cab. 11.2.5 Driver’s duties (1) A person must not drive a road vehicle transporting a placard load if: (a) the road vehicle is not equipped with an emergency information holder that complies with Chapter 11.2 of the ADG Code; and (b) the required emergency information provided by the consignor of the goods, or by the prime contractor for the transport of the goods, is not in the holder. (11.8-road, amd/2) 11.2.6 Train driver’s duties (1) A person must not drive a train that is transporting a placard load from a depot or yard if the emergency information for the goods is not in the train driver’s cab.

Offence provision. (2) A train driver transporting a placard load must produce the required emergency information for inspection by an authorised officer or an officer of an emergency service, if the officer asks the driver

to produce the information for inspection. 12.1.3 Driver’s duties


(1) A person must not drive a road vehicle transporting a placard load if the road vehicle is not equipped with: (a) fire extinguishers and portable warning devices that comply with Part 12 of the ADG Code; and (b) any other equipment required under the Part.

Offence provision. (2) A person must not drive a road vehicle transporting a placard load if the person knows, or reasonably ought to know, that the equipment for the road vehicle mentioned in {subclause} (1): (a) is not stowed in accordance with Part 12 of the ADG Code; or

Driver,

13.1.1 Driver’s duties (1) This {clause} applies if a road vehicle transporting a placard load: (a) is broken down or otherwise immobilised, or has stopped, on a road; and (b) is a traffic hazard. (2) The driver must alert other road users of the hazard in accordance with Part 13 of the ADG Code.

Offence provision.


Driver

13.2.1 Driving (1) The driver of a road vehicle transporting a placard load must not allow anyone else to ride in the vehicle except in accordance with Part 13 of the ADG Code.

Offence provision.


Driver

13.2.3 Control of ignition sources (2) The driver of the road vehicle must not: (a) have matches or a cigarette lighter in his or her possession in the road vehicle; or (b) smoke in the road vehicle.

Offence provision. (3) The driver must do everything practicable to ensure that anyone else in the road vehicle does not: (a) have matches or a cigarette lighter in his or her possession; or (b) smoke.

Offence provision. 13.2.4 Unloading (1) The driver of a road vehicle transporting dangerous goods must not permit the dangerous goods to be unloaded from the vehicle except in accordance with Part 13 of the ADG Code.

Offence provision. {(2) An offence against {subclause} (1) is an offence of strict liability.} (13.4, amd/2) 13.2.5 Detaching trailer (1) The driver of a road vehicle that has attached to it a trailer transporting dangerous goods must not detach the trailer or permit it to be detached from the vehicle except in accordance with

Part 13 of the ADG Code. Offence provision.

{(2) An offence against {subclause} (1) is an offence of strict liability.} (13.4, amd/2) 13.2.6 Road tank vehicle equipped with burner (1) The driver of a road tank vehicle equipped with a burner must not operate the burner or permit it to be operated except in accordance with Part 13 of the ADG Code.

Not relevant to an AV

Drive,

11.1.4 Prime contractor’s duties (1) A prime contractor must ensure that a person does not drive a road vehicle used by the prime contractor to transport dangerous goods if the person has not been given transport

documentation that complies with Chapter 11.1 of the ADG Code for the goods. (11.3-road, amd/2) Offence provision.

{(2) An offence against {subclause} (1) is an offence of strict liability.} 11.1.5 Rail operator’s duties (1) A rail operator must not transport dangerous goods by rail unless the driver of the train transporting the goods has been given transport documentation that complies with Chapter 11.1 of the ADG

Code for the goods. Offence provision 11.2.4 Rail operator’s duties (1) A rail operator must not transport a placard load in a transport unit on a train if the emergency information for the goods is not in the train driver’s cab.

Offence provision. (2) {Subclause} (1) does not apply when a train transporting a placard load is involved in shunting operations and the emergency information for the goods is readily available elsewhere in the

immediate vicinity of those operations. (11.7-rail) {(3) An offence against {subclause} (1) is an offence of strict liability.} (11.11-rail, amd) 14.1.4 Prime contractors, rail operators and drivers to inform Competent Authority (1) This {clause} applies if a vehicle transporting dangerous goods is involved in an incident resulting in a dangerous situation. (2) As soon as practicable after the incident, the driver must notify the prime contractor or rail operator and the Competent Authority about the incident, and provide the following details: (a) where the incident happened; (b) the time and date of the incident; (c) the nature of the incident; (d) the dangerous goods being transported when the incident happened; (e) any other details that the Competent Authority may require.

Offence provision. (3) As soon as practicable after being told about the incident by the driver, the prime contractor or rail operator must provide to the Competent Authority the details mentioned in {subclause} (2).

Offence provision. (4) Not later than 21 days after the day when the incident happens, the driver and the prime contractor or rail operator must each give to the Competent Authority a written report about the incident

stating the following: (a) where the incident happened; (b) the time and date of the incident; (c) the nature of the incident; (d) for the driver’s report, what he or she believes to be the likely cause of the incident;

Safety and road rules compliance Enforcement interaction


(e) for the prime contractor’s or rail operator’s report, what he or she believes to be the likely cause of the incident; (f) the dangerous goods being transported when the incident happened; (g) the measures taken to control any leak, spill or accidental escape of dangerous goods and any fire or explosion, arising out of the incident; (h) the measures taken after the incident in relation to the dangerous goods involved in the incident. (14.3-road, amd/2)

Offence provision. {(5) An offence against {subclause} (2), (3) or (4) is an offence of strict liability.}

Driver, produce

18.5.2 Licences to be produced for inspection (1) The driver of a road vehicle transporting dangerous goods must produce his or her dangerous goods driver licence for inspection by an authorised officer, if the officer asks the driver to

produce the licence for inspection.


Heavy Vehicle National Law

Driver bus means a heavy motor vehicle built or fitted to carry more than 9 adults (including the driver).


Driver fatigue-regulated bus means a heavy motor vehicle built or fitted to carry more than 12 adults (including the driver). Not relevant to an AV

Drive, driver, control,

drive, a vehicle or combination, includes— (a) be in control of the steering, movement or propulsion of the vehicle or combination; and (b) for a trailer—drive a vehicle towing the trailer. driver, of a vehicle or combination— (a) means the person driving the vehicle or combination; and (b) includes— (i) a person accompanying the person driving the vehicle or combination on a journey or part of a journey, who has been, is or will be sharing the task of driving the vehicle or combination during the journey or part; and (ii) a person who is driving the vehicle or combination as a driver under instruction or under an appropriate learner licence or learner permit; and (iii) where the driver is a driver under instruction, the holder of a driver licence occupying the seat in the vehicle or combination next to the driver. employed driver, of a heavy vehicle, means a person who is employed by someone else to drive the vehicle. maximum work requirement means a requirement of Chapter 6 relating to a maximum work time for the driver of a fatigue-regulated heavy vehicle. maximum work time means the maximum time the driver of a fatigue-regulated heavy vehicle may drive a fatigue-regulated heavy vehicle, or otherwise work, without taking a rest. minimum rest requirement means a requirement of Chapter 6 relating to the minimum rest time for the driver of a fatigue-regulated heavy vehicle. minimum rest time means the minimum time the driver of a fatigue-regulated heavy vehicle must rest in order to break up the period of time the driver drives a fatigue-regulated heavy vehicle or otherwise works. prime contractor, of the driver of a heavy vehicle, means a person who engages the driver to drive the vehicle under a contract for services.


Driver’s possession

39 Driver to carry proof of compliance with third party insurance legislation (1) This section applies if use of an unregistered heavy vehicle in any of the circumstances referred to in sections 32 to 38 is dependent on compliance with the requirements of third party insurance legislation applying to the vehicle. (2) A person must not use, or permit to be used, the unregistered heavy vehicle on a road in any of those circumstances if the driver does not have in the driver’s possession proof that the requirements of third party insurance legislation applying to the vehicle are complied with.


Person 60(1)(a) Compliance with heavy vehicle standards – A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a heavy vehicle standard applying to the vehicle.


Drive, driver,

96 Compliance with mass requirements - A person must not drive on a road a heavy vehicle that (together with its load) does not, or whose components do not, comply with the mass requirements applying to the vehicle. 102(1)(a)Compliance with dimension requirements – A person must not drive on a road a heavy vehicle that (together with its load) does not, or whose components do not or whose load does not, comply with the dimension requirements applying to the vehicle. – If the heavy vehicle does not have goods or passengers in it. 102 (1)(b)Compliance with dimension requirements– A person must not drive on a road a heavy vehicle that (together with its load) does not, or whose components do not or whose load does not, comply with the dimension requirements applying to the vehicle 111 (1) Compliance with loading requirements – A person must not drive on a road a heavy vehicle that does not, or whose load does not, comply with the loading requirements applying to the vehicle 129(1) Contravening condition of mass or dimension exemption generally – The driver or operator of a heavy vehicle being used on a road under a mass or dimension exemption must not contravene a condition of the exemption. 129 (2) Contravening condition of mass or dimension exemption generally – A person must not use, or permit to be used, on a road a heavy vehicle that contravenes a condition of a mass or dimension exemption applying to the vehicle. 129 (3) Contravening condition of mass or dimension exemption generally – A person must not use a heavy vehicle, or permit a heavy vehicle to be used, on a road in a way that contravenes a condition of a mass or dimension exemption applying to the vehicle. 130 (2) Contravening condition of mass or dimension exemption relating to pilot or escort vehicle – The driver of the pilot vehicle or escort vehicle accompanying the heavy vehicle must comply with the conditions of the mass or dimension exemption about the use of the pilot vehicle or escort vehicle. 130 (3) Contravening condition of mass or dimension exemption relating to pilot or escort vehicle – If the driver of the pilot vehicle or escort vehicle commits an offence against subsection (2), the operator of the heavy vehicle is taken to have committed an offence against this subsection. 131 (1) Using pilot vehicle with a heavy vehicle that contravenes mass or dimension exemption –The driver of a pilot vehicle must ensure the pilot vehicle does not accompany a heavy vehicle to which a mass or dimension exemption applies if the heavy vehicle, or its use on a road, contravenes a condition of the exemption because the heavy vehicle— (a) travels on a route not allowed by the exemption; or (b) travels at a time other than a time allowed in the exemption; or (c) is accompanied by fewer than the number of pilot or escort vehicles required in the exemption.



137 Using class 2 heavy vehicle – A person must not use a class 2 heavy vehicle, or permit a class 2 heavy vehicle to be used, on a road other than in accordance with a class 2 heavy vehicle authorisation 150(1) Contravening condition of class 2 heavy vehicle authorisation – The driver or operator of a class 2 heavy vehicle being used on a road under a class 2 heavy vehicle authorisation must not contravene a condition of the authorisation. 153A Using restricted access vehicle A person must not use a restricted access vehicle, or permit a restricted access vehicle to be used, on a road unless the road is one on which the vehicle is allowed to be used under a mass or dimension authority applying to the vehicle. 184(1) Towing restriction – A person must not drive a heavy motor vehicle towing more than 1 other vehicle. 192(1)Duty of driver – A person must not drive a heavy vehicle loaded with the freight container on a road unless the person has a complying container weight declaration for the container. 192(2) Duty of driver – The driver of a heavy vehicle loaded with the freight container must, when driving the vehicle on a road, keep the complying container weight declaration for the container—in or about the vehicle; and in a way that enables the information in the declaration to be readily available to an authorised officer who seeks to ascertain it while in the presence of the freight container.

Driver, driver’s possession,

42 Conditions of registration exemption A registration exemption under this Subdivision may be subject to any conditions the Regulator considers appropriate, including, for example, 1 or more of the following conditions— (a) that a heavy vehicle may be used on a road under the exemption only— (i) on stated routes; or (ii) during stated hours of stated days; (b) that the driver of a heavy vehicle who is driving the vehicle on a road under the exemption must keep in the driver’s possession— (i) a copy of the Commonwealth Gazette notice for the exemption; or (ii) an information sheet about the exemption published by the Regulator on the Regulator’s website; 63 Conditions of vehicle standards exemption (notice) A vehicle standards exemption (notice) may be subject to any conditions the Regulator considers appropriate, including, for example— (a) conditions about protecting road infrastructure from damage; and (b) a condition that the driver of a heavy vehicle who is driving the vehicle under the exemption must keep in the driver’s possession a copy of— (i) the Commonwealth Gazette notice for the exemption; or (ii) an information sheet about the exemption published by the Regulator on the Regulator’s website. 83(1) Keeping copy of permit while driving under vehicle standards exemption (permit) – The driver of a heavy vehicle who is driving the vehicle under a vehicle standards exemption (permit) must keep a copy of the permit for the exemption in the driver’s possession. 133(1) Keeping copy of permit while driving under mass or dimension exemption (permit) – The driver of a class 1 heavy vehicle or class 3 heavy vehicle who is driving the vehicle under a mass or dimension exemption (permit) must keep a copy of the permit for the exemption in the driver’s possession. 152(1) Keeping copy of permit while driving under class 2 heavy vehicle authorisation (permit) – The driver of a class 2 heavy vehicle who is driving the vehicle under a class 2 heavy vehicle authorisation (permit) must keep a copy of the permit for the authorisation in the driver’s possession. 153(1) Keeping copy of PBS vehicle approval while driving under class 2heavy vehicle authorisation – A driver of a class 2 heavy vehicle that is a PBS vehicle who is driving under a class 2 heavy vehicle authorisation must keep a copy of the PBS vehicle approval in the driver’s possession. 191(1) Duty of operator – An operator of a heavy vehicle must not permit the vehicle’s driver to transport the freight container by road using the vehicle unless the driver has been provided with a complying container weight declaration for the freight container. 192(1) Duty of driver – A person must not drive a heavy vehicle loaded with the freight container on a road unless the person has a complying container weight declaration for the container. 192(2) Duty of driver – The driver of a heavy vehicle loaded with the freight container must, when driving the vehicle on a road, keep the complying container weight declaration for the container—in or about the vehicle; and in a way that enables the information in the declaration to be readily available to an authorised officer who seeks to ascertain it while in the presence of the freight container. 293 (1) Driver of fatigue-regulated heavy vehicle must carry work diary – The driver of a fatigue-regulated heavy vehicle must – keep a work diary; and ensure— the driver’s work diary records the information required to be recorded under Subdivision 2 for each day in the previous 28 days; and the driver’s work diary is in the driver’s possession while the driver is driving the vehicle 468(1) Driver must carry accreditation details – The driver of a heavy vehicle who is operating under a heavy vehicle accreditation must keep in the driver’s possession—a copy of the accreditation certificate for the accreditation; and a document, signed by the operator of the vehicle who holds the accreditation, stating that the driver— is operating under the operator’s heavy vehicle accreditation; and has been inducted into the operator’s relevant management system; and meets the requirements relating to drivers operating under the operator’s heavy vehicle accreditation (if any); and for a driver operating under AFM accreditation, a document stating the AFM hours applying under the accreditation.


296 (1) Recording information under the national regulations—general – The driver must record the required information in the driver’s work diary in the manner and at the time prescribed by the national regulations. (2) Subsection (1) does not apply to information to which section 297 applies. 297 (2) Information required to be recorded immediately after starting work – (1) This section applies to required information that the national regulations specify for the purposes of this section as required to be recorded immediately after the driver starts work on a day. (2) The driver must record the required information to which this section applies to be recorded immediately after starting work on a day. 298 (1) Defence for failing to record information about odometer reading ¬– The driver of a fatigue-regulated heavy vehicle must record the odometer reading in the manner prescribed by the national regulations if and when required do so by the national regulations. 299 Two-up driver to provide details – If the driver is a party to a two-up driving arrangement, the driver must, at the request of the other driver (the other driver) who is a party to the arrangement, provide the other driver with any details the other driver needs to be able to record the required information. 301 Recording information in written work diary – If the driver’s work diary is a written work diary, the driver must record information in the work diary in the following way – (a) the information for each day must be written on a separate daily sheet in the work diary that has not been cancelled by the Regulator; (b) if, on a day, the driver changes the work and rest hours option under which the driver is working, the information for the part of the day after the change must be written on a separate daily sheet in the work diary that has not been cancelled by the Regulator; (c) information must be written on a daily sheet in the way stated in the instructions in the work diary for recording information on daily sheets; (d) the daily sheets in the work diary must be used in turn from the front of the work diary; (e) each daily sheet must be— (i) signed and dated by the driver; and (ii) if the driver is driving under a two-up driving arrangement—signed by the other driver who is a party to the arrangement; (f) information must be written on a daily sheet with enough pressure to ensure a readable record of the information appears on the duplicate daily sheets; (g) information recorded other than on a daily sheet must be written in the work diary in the way stated in the instructions in the work diary for the recording of the information.



302 Recording information in electronic work diary – If the driver’s work diary is an electronic work diary, the driver must record information in the work diary in a way complying with – (a) if the Regulator has, when approving the electronic recording system constituting the work diary, or of which the work diary is a part, imposed any conditions in relation to the way information must be recorded in the work diary—those conditions; and (b) the manufacturer’s instructions for recording information in the electronic work diary, to the extent the instructions are consistent with the conditions mentioned in paragraph (a). 303 Time zone of driver’s base must be used – The driver must record time in the driver’s work diary according to the time zone in the place where the driver’s base is, rather than the time zone in the place where the driver is. 305 (1) Driver must make supplementary records in particular circumstances – During any period in which the driver of a fatigue-regulated heavy vehicle is unable to use the driver’s work diary (the existing work diary) because of circumstances mentioned in section 304 (a) or (b), the driver must record in a supplementary record the information the driver is required under Subdivision 2 to record for the period (the required information). 305 (2) Driver must make supplementary records in particular circumstances – For a supplementary record that is not in electronic form, the required information must be recorded in the record as follows— (a) the information for each day must be written on a separate page of the record; (b) if, on a day, the driver changes the work and rest hours option under which the driver is working, the information for the part of the day after the change must be written on a separate page of the record; (c) each page of the record must be— (i) signed and dated by the driver; and (ii) if the driver is driving under a two-up driving arrangement—signed by the other driver who is a party to the arrangement. 305 (3) Driver must make supplementary records in particular circumstances – The driver must record time in the supplementary record according to the time zone in the place where the driver’s base is, rather than the time zone in the place where the driver is. 306 Driver must notify Regulator if written work diary filled up – Within 2 business days after the driver of a fatigue-regulated heavy vehicle becomes aware that the driver’s written work diary has been filled up, destroyed, lost or stolen, the driver must give the Regulator notice, in the approved form, of that happening. 307(2) Driver must notify Regulator if electronic work diary filled up – The driver must give the Regulator notice, in the approved form, of the matter within 2 business day 307 (3) Driver must notify Regulator if electronic work diary filled up etc. – (3) Within a period required by the Regulator, the driver must ensure the electronic work diary is examined and brought into working order. 308 (1) What driver must do if lost or stolen written work diary found or returned – If a lost or stolen written work diary (the old work diary) is found by or returned to the driver of a fatigue-regulated heavy vehicle after a replacement work diary has been issued to the driver, the driver must do the following— immediately cancel any unused daily sheets in the old work diary; if the old work diary is found or returned within 28 days after it was lost or stolen—immediately notify the Regulator in the approved form that it has been found or returned; and give it to the Regulator within 2 business days after the 28-day period ends; if the old work diary is found or returned later than 28 days after it was lost or stolen—give it to the Regulator as soon as practicable after it is found or returned. 309 (2) Driver must notify record keeper if electronic work diary filled up – The driver must, within 2 business days after the driver becomes aware of the matter, inform the driver’s record keeper of the matter.

Driver, cause the driver, drive, driver is able to rest,

204 (1) Duty of employer, prime contractor or operator to ensure business practices will not cause driver to exceed speed limit – A relevant party for the driver of a heavy vehicle must take all reasonable steps to ensure the relevant party’s business practices will not cause the driver to exceed a speed limit applying to the driver. 205 Duty of employer not to cause driver to drive if particular requirements not complied with – An employer of an employed driver of a heavy vehicle must not cause the driver to drive the heavy vehicle unless the employer has complied with section 204; and the employer is reasonably satisfied each scheduler for the vehicle has complied with sections 207 and 208. 206 (2) Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with – The prime contractor, or operator, must not cause the driver to drive the heavy vehicle unless the prime contractor, or operator, has complied with section 204; and the prime contractor, or operator, is reasonably satisfied each scheduler for the vehicle has complied with sections 207 and 208. 207(1) Duty to ensure driver’s schedule will not cause driver to exceed speed limit – A scheduler for a heavy vehicle must take all reasonable steps to ensure the schedule for the vehicle’s driver will not cause the driver to exceed a speed limit applying to the driver. 208(1) Duty not to cause driver to drive if particular requirements not complied with – A scheduler for a heavy vehicle must not cause the vehicle’s driver to drive the vehicle unless— the scheduler has complied with section 207; and the driver’s schedule for driving the vehicle allows— for compliance with all speed limits; and for the driver to take all required rest in compliance with all laws regulating the driver’s work times and rest times; and for traffic conditions and other delays that could reasonably be expected. 209(1) Duty to ensure loading arrangements will not cause driver to exceed speed limit – A loading manager must take all reasonable steps to ensure the arrangements for loading goods onto and unloading goods from heavy vehicles will not cause the driver of a heavy vehicle to exceed a speed limit applying to the driver. 212 (1) Duty to ensure terms of consignment will not cause driver to exceed speed limit – A commercial consignor or a consignee of goods must take all reasonable steps to ensure the terms of consignment will not cause the relevant driver to exceed a speed limit applying to the driver. 212(2) Duty to ensure terms of consignment will not cause driver to exceed speed limit A commercial consignor or a consignee of goods must take all reasonable steps to ensure the terms of consignment will not cause a relevant party for the relevant driver to cause the driver to exceed a speed limit applying to the driver. 213 Duty not to make a demand that may result in driver exceeding the speed limit – A commercial consignor or a consignee of goods must not make a demand that affects, or may affect, a time in a schedule for the transport of the consigned goods unless—the consignor or consignee has complied with section 212; and the consignor or consignee is reasonably satisfied the making of the demand will not cause a person to contravene section 207 or 208. 215 Particular requests etc. prohibited – A person must not ask, direct or require, directly or indirectly, the driver of a heavy vehicle, or a party in the chain of responsibility for a heavy vehicle, to do something the person knows, or ought reasonably to know, would have the effect of causing the driver to exceed a speed limit applying to the driver. 216 (1) Particular contracts etc. prohibited – A person must not enter into a contract or other agreement with the driver of a heavy vehicle, or with a party in the chain of responsibility for a heavy vehicle, that the person knows, or ought reasonably to know, would have the effect of causing the vehicle’s driver to exceed a speed limit applying to the driver. 216 (2) Particular contracts etc. prohibited – A person must not enter into a contract or other agreement with the driver of a heavy vehicle, or with a party in the chain of responsibility for a heavy vehicle, that the person knows, or ought reasonably to know, would encourage or provide an incentive for the vehicle’s driver, or a party in the chain of responsibility for the vehicle to cause the vehicle’s driver, to exceed a speed limit applying to the driver. 219 (1) Liability of employer etc. for speeding offence – If a speeding offence is committed in relation to a heavy vehicle, an employer of the driver if the driver is an employed driver, a prime contractor of the driver if the driver is a self-employed driver or an operator of the vehicle if the driver is making a journey for the operator, is taken to have committed an offence 229 (1) Duty of party in the chain of responsibility to prevent driver driving while fatigued – A party in the chain of responsibility (a party) for a fatigue-regulated heavy vehicle must take all reasonable steps to

Safety and road rules compliance Not relevant to an AV


ensure a person (the other person) does not drive the vehicle on a road while the other person is impaired by fatigue. 230 (1) Duty of employer, prime contractor or operator to ensure business practices will not cause driver to drive while fatigued – A relevant party for the driver of a fatigue-regulated heavy vehicle must take all reasonable steps to ensure the relevant party’s business practices will not cause the driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver’s work and rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option. 231 Duty of employer not to cause driver to drive if particular requirements not complied with – An employer of an employed driver of a fatigue-regulated heavy vehicle must not cause the driver to drive the vehicle unless— the employer has complied with section 230; and the employer, after making reasonable inquiries, is satisfied each scheduler for the vehicle has complied with Division 4. 232 (2)Duty of prime contractor or operator not to cause driver to drive if particular requirements not complied with – The prime contractor or operator must not cause the driver to drive the fatigue-regulated heavy vehicle, or enter into a contract or other agreement with the driver to that effect, unless— the prime contractor or operator has complied with section 230; and the prime contractor or operator, after making reasonable inquiries, is satisfied each scheduler for the vehicle has complied with Division 4. 233 (1) Duty to ensure driver’s schedule will not cause driver to drive while fatigued – A scheduler for a fatigue-regulated heavy vehicle must take all reasonable steps to ensure the schedule for the vehicle’s driver will not cause the driver to— drive while impaired by fatigue; or drive while in breach of the driver’s work and rest hours option; or drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option. 234 (1) Duty not to cause driver to drive if particular requirements not complied with – A scheduler for a fatigue-regulated heavy vehicle must not cause the vehicle’s driver to drive the vehicle unless— the scheduler has complied with section 233; and the schedule for the vehicle’s driver allows for— the driver to have the rest time required under the driver’s work and rest hours option; and traffic conditions and other delays that could reasonably be expected. 235 (1) Duty to ensure terms of consignment will not cause driver to drive while fatigued – A consignor or consignee of goods for transport by a fatigue-regulated heavy vehicle must take all reasonable steps to ensure the terms of consignment will not result in, encourage or provide an incentive to the vehicle’s driver to drive while impaired by fatigue; or drive while in breach of the driver’s work and rest hours option; or drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option. 235 (2 ) Duty to ensure terms of consignment will not cause driver to drive while fatigued – A consignor or consignee of goods for transport by a fatigue-regulated heavy vehicle must take all reasonable steps to ensure the terms of consignment will not result in, encourage or provide an incentive to a relevant party for the vehicle’s driver to cause the driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver’s work and rest hours option; or (c) drive in breach of another law in order to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option. 236 (1) Duty not to cause driver to drive if particular requirements not complied with – A consignor or consignee of goods for transport by a fatigue-regulated heavy vehicle must not cause the vehicle’s driver to drive the vehicle, or enter into a contract or other agreement to that effect, the consignor or consignee has complied with section 235; and the consignor or consignee, after making reasonable inquiries, is satisfied each relevant party for the driver has complied with Division 3; and each scheduler for the vehicle has complied with Division 4. 237(1) Duty not to make a demand that may result in driver driving while fatigued – A consignor or consignee of goods for transport by a fatigue-regulated heavy vehicle must not make a demand that affects, or may affect, a time in a schedule for the transport of the consigned goods and that may cause the vehicle’s driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver’s work and rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option. 238 (1) Duty to ensure loading arrangements will not cause driver to drive while fatigued – A loading manager must take all reasonable steps to ensure the arrangements for loading goods onto and unloading goods from fatigue-regulated heavy vehicles at or from the premises in relation to which the person is a loading manager will not cause the driver of a fatigue-regulated heavy vehicle to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver’s work and rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option. 239 (2) Duty to ensure drivers can rest in particular Circumstances – The loading manager must take all reasonable steps to ensure the driver is able to rest while waiting for the goods to be loaded onto or unloaded from the fatigue-regulated heavy vehicle. 240 Particular requests prohibited – A person must not ask, direct or require, directly or indirectly, the driver of a fatigue-regulated heavy vehicle, or a party in the chain of responsibility for a fatigue-regulated heavy vehicle, to do or not do something the person knows, or ought reasonably to know, would have the effect of causing the vehicle’s driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver’s work and rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option. 241 (1) Particular contracts prohibited – A person must not enter into a contract or other agreement with the driver of a fatigue-regulated heavy vehicle, or with a party in the chain of responsibility for a fatigue-regulated heavy vehicle, that the person knows, or ought reasonably to know, would have the effect of causing the vehicle’s driver to— (a) drive while impaired by fatigue; or (b) drive while in breach of the driver’s work and rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option. 241 (2) Particular contracts prohibited – A person must not enter into a contract or other agreement with the driver of a fatigue-regulated heavy vehicle, or with a party in the chain of responsibility for a fatigue-regulated heavy vehicle that the person knows, or ought reasonably to know, would encourage or provide an incentive for the vehicle’s driver, or a party in the chain of responsibility for the vehicle to cause the vehicle’s driver, to—(a) drive while impaired by fatigue; or (b) drive while in breach of the driver’s work and rest hours option; or (c) drive in breach of another law to avoid driving while impaired by fatigue or while in breach of the driver’s work and rest hours option.

Drive, driver

228 Duty of driver to avoid driving while fatigued – A person must not drive a fatigue-regulated heavy vehicle on a road while the person is impaired by fatigue. 250 (1) Operating under standard hours—solo drivers – The solo driver of a fatigue-regulated heavy vehicle commits an offence if, in any period stated in the standard hours for the driver, the driver— works for more than the maximum work time stated in the standard hours for the period; or rests for less than the minimum rest time stated in the standard hours for the period. 251 (1) Operating under standard hours—two-up drivers – The driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement commits an offence if, in any period stated in the standard hours for the driver, the driver—(a) works for more than the maximum work time stated in the standard hours for the period; or (b) rests for less than the minimum rest time stated in the standard hours for the period. 251 (1) Operating under standard hours—two-up drivers – The driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement commits an offence if, in any period stated in the standard hours for the driver, the driver—(a) works for more than the maximum work time stated in the standard hours for the period; or (b) rests for less than the minimum rest time stated in the standard hours for the period. 254 (1) Operating under BFM hours—solo drivers – The solo driver of a fatigue-regulated heavy vehicle commits an offence if, in any period stated in the BFM hours for the driver, the driver works for more than the maximum work time stated in the BFM hours for the period; or rests for less than the minimum rest time stated in the BFM hours for the period. 256 (1) Operating under BFM hours—two-up drivers – The driver of a fatigue-regulated heavy vehicle who is a party to a two-up driving arrangement commits an offence if, in any period stated in the BFM hours for the driver, the driver— works for more than the maximum work time stated in the BFM hours for the period; or rests for less than the minimum rest time stated in the BFM hours for the period. 258 (1) Operating under AFM hours – The driver of a fatigue-regulated heavy vehicle commits an offence if, in any period stated in the AFM hours for the driver, the driver works for more than the maximum work time stated in the AFM hours; or rests for less than the minimum rest time stated in the AFM hour



260 (1) Operating under exemption hours – The driver of a fatigue-regulated heavy vehicle operating under a work and rest hours exemption commits an offence if, in any period stated in the exemption hours for the exemption, the driver— works for more than the maximum work time stated in the exemption hours; or rests for less than the minimum rest time stated in the exemption hour 263 (1) Operating under new work and rest hours option after change – The driver of a fatigue-regulated heavy vehicle must not drive the vehicle after changing from 1 work and rest hours option to a different work and rest hours option unless— (a) if the change is from standard hours or BFM hours, either the driver— (i) is in compliance with all the maximum work requirements and minimum rest requirements under the work and rest hours option to which the driver has changed; or (ii) has had a reset rest break; and (b) if the change is from AFM hours or exemption hours, the driver has had a reset rest break; and (c) the driver complies with all other requirements of the work and rest hours option to which the driver has changed.

Driver, driver’s seat, driver’s possession,

513 Direction to stop heavy vehicle to enable exercise of other powers – (1) To enable an authorised officer to exercise a power under this Law, the officer may direct the driver of a heavy vehicle to stop the vehicle. Example— An authorised officer may direct the driver of a heavy vehicle to stop the vehicle so that the authorised officer can enter and inspect it under section 520 or enter and search it under section 521. (2) The direction may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal. 514 Direction not to move or interfere with heavy vehicle etc. to enable exercise of other powers – (1) To enable an authorised officer to exercise a power under this Law, the officer may direct the driver of a heavy vehicle or any other person not to— (a) move the vehicle; or (b) interfere with the vehicle or any equipment in it; or (c) interfere with the vehicle’s load. (2) The direction may be given orally or in any other way, including, for example, by way of a sign or electronic or other signal 524(5) Direction to leave heavy vehicle – A person given a direction under subsection (2) or (3) must comply with the direction, unless the person has a reasonable excuse. (2) The authorised officer may direct the driver to do 1 or more of the following— (a) to vacate the driver’s seat; (b) to leave the heavy vehicle; (c) not to occupy the driver’s seat until permitted by an authorised officer; (d) not to enter the heavy vehicle until permitted by an authorised officer. (3) The authorised officer may direct any other person accompanying the driver of the heavy vehicle to do either or both of the following— (a) to leave the vehicle; (b) not to enter the vehicle until permitted by an authorised officer. 568 (3) Power to require production of document etc. required to be in driver’s possession – A person of whom a requirement is made under subsection (2) must comply with the requirement, unless the person has a reasonable excuse. 568 (7) Power to require production of document etc. required to be in driver’s possession – A person of whom a requirement is made under subsection (6) must comply with the requirement, unless the person has a reasonable excuse. 569 (2) Power to require production of documents etc. generally – A person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse. 569 (7) Power to require production of documents generally – A person of whom a requirement is made under subsection (6) must comply with the requirement, unless the person has a reasonable excuse. 570 (3) Power to require information about heavy vehicles – A person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.


Heavy Vehicle (Vehicle Standards) National Regulation

Driver in the normal driving position, view, driver, drive,

controls

8 Driver’s view and vehicle controls – A heavy motor vehicle must be built (a) to allow the driver in the normal driving position a view of the road and of traffic to the front and sides of the vehicle so the driver can drive the vehicle safely; and (b) with its controls located so the driver can drive the vehicle safely.


New South Wales

Road Transport Act 2013 (NSW)

Drive, driver, control

4 Definitions (1) In this Act

drive includes: (a) be in control of the steering, movement or propulsion of a vehicle, and (b) in relation to a trailer, draw or tow the trailer, and (c) ride a vehicle. driver means any person driving a vehicle, and includes any person riding a vehicle.


Drive,

53 Driver must be licensed (1) A person must not, unless exempted by the statutory rules: (a) drive a motor vehicle on any road without being licensed for that purpose, or (b) employ or permit any person not so licensed to drive a motor vehicle on any road.


Person

68 Prohibition on using unregistered registrable vehicles (1) A person must not use an unregistered registrable vehicle on a road. (2) Subsection (1) does not apply to the use of a registrable vehicle on a road if: (a) the vehicle belongs to a class of vehicle prescribed by the statutory rules referred to in section 21 as a vehicle to which this Act or Chapter does not apply, or (b) the use is otherwise permitted by this Act or under the statutory rules.


Drive

117 Negligent, furious or reckless driving (1) A person must not drive a motor vehicle on a road negligently. Maximum penalty: (a) if the driving occasions death—30 penalty units or imprisonment for 18 months or both (in the case of a first offence) or 50 penalty units or imprisonment for 2 years or both (in the case of a second or subsequent offence), or (b) if the driving occasions grievous bodily harm—20 penalty units or imprisonment for 9 months or both (in the case of a first offence) or 30 penalty units or imprisonment for 12 months or both (in the case of a second or subsequent offence), or (c) if the driving does not occasion death or grievous bodily harm—10 penalty units.


Driven, person

146 Offence of failing to stop and assist after impact causing injury (1) A person is guilty of an offence if: (a) a vehicle or horse being driven or ridden by the person on a road is involved in an impact occasioning the death of, or injury to, another person, and (b) the person knows, or ought reasonably to know, that the vehicle or horse has been involved in an impact occasioning injury to another person, and (c) the person fails to stop and give any assistance that may be necessary and that it is in the person’s power to give. Note. Similar obligations in section 52AB of the Crimes Act 1900 in relation to impacts causing death or grievous bodily harm.


Direct, driver, 169A Direction to stop light vehicle or light combination: to enable exercise of other powers Enforcement interaction


(1) This section applies to: (a) a light vehicle or light combination located: (i) on any road, or (ii) in or on any public place, or (iii) in or on any premises occupied or owned by the Authority or by any other public authority, and (b) the driver of such a light vehicle or light combination who is apparently in, on or in the vicinity of the vehicle or combination. (2) An authorised officer may, for the purpose of or in connection with exercising other powers under the road transport legislation, direct: (a) the driver of a light vehicle or light combination to stop the vehicle or combination, or (b) the driver of a light vehicle or light combination or any other person not to do any one or more of the following: (i) move the vehicle or combination, (ii) interfere with it or any equipment in or on it, (iii) interfere with its load. (3) A direction to stop a light vehicle or light combination may require that it be stopped without delay, or that it be stopped at the nearest place for it to be safely stopped as indicated by the officer. (5) A direction under this section may be given to a driver or other person orally or by means of a sign or signal (electronic or otherwise), or in any other manner.

Driver,

177 Requirement for responsible person to disclose driver identity (1) If the driver of a motor vehicle is alleged to have committed an offence against the road transport legislation: (a) the responsible person for the vehicle, or the person having the custody of the vehicle, must, when required to do so by an authorised officer, immediately give information (which must, if so required, be given in the form of a written statement signed by the responsible person) as to the name and home address of the driver, and (b) any other person must, if required to do so by an authorised officer, give any information that it is in the person’s power to give and that may lead to the identification of the driver. (2) It is a defence to a prosecution for an offence against subsection (1) (a) if the defendant proves to the court’s satisfaction that the defendant did not know and could not with reasonable diligence have ascertained the driver’s name and home address. (3) A written statement: (a) purporting to be given under subsection (1) (a) and to contain particulars of the name and home address of the driver of a motor vehicle at the time of commission of an alleged offence against the road transport legislation, and (b) that is produced in any court in proceedings against the person named in the statement as the driver for such an offence, is evidence without proof of signature that the person was the driver of the vehicle at the time of the alleged offence if the person does not appear before the court.


Roads Act 1993 (NSW)

Person who causes,

102 Liability for damage to public road (1) A person who causes damage to a public road, or to any road work on a public road or any traffic control facility on a road or road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road or road related area that is the subject of a declaration made under section 18 of that Act relating to all of the provisions of that Act), is liable to pay to the appropriate roads authority the cost incurred by that authority in making good the damage. (2) If damage referred to in this section is caused by a motor vehicle or vessel, the owner and the driver of the motor vehicle or, as the case may be, the owner and the master of the vessel are jointly and severally liable for the damage. (3) This section does not apply to ordinary wear and tear caused by reasonable use of a public road. (4) This section applies to tollways and to private roads that are classified roads in the same way as it applies to public roads.


Driver, in charge of the vehicle,

Dictionary person in charge of a vehicle includes the driver of the vehicle. 229 Authorised officer may require production of information (1) If an authorised officer suspects on reasonable grounds that the driver of a vehicle has committed an offence against this Act or the regulations, the officer may require the owner of the vehicle or the person in charge of the vehicle to produce immediately to the officer: (a) the name and residential address of the driver of the vehicle, the weight and description of the vehicle’s load and the unladen weight of the vehicle, as at the time of commission of the suspected offence, and (b) such documents as are in the person’s possession or control and as relate to the vehicle or its load, and (c) such other information relevant to the suspected offence as it is in the power of the person to give, and may also require the driver of the vehicle to produce to the officer the person’s driver licence. (2) The officer may require the information to be given either orally or by a signed statement. (3) The officer may also require any other person to give immediately, either orally or by a signed statement, such information relevant to a suspected offence against this Act or the regulations as it is in the power of the other person to give. (4) A requirement under this section may be made orally or by notice in writing served on the person concerned.


Driving offence,

244 Liability of owner of vehicle for certain driving offences (1) This section applies to any offence against this Act or the regulations: (a) that arises from a failure or refusal to pay any toll or charge (including a private toll or charge) in respect of vehicles using any tollway, bridge, tunnel or road-ferry, or (b) that arises from the driving, using, standing, waiting or parking of a vehicle and that is prescribed by the regulations for the purposes of this section, in this section referred to as a driving offence. (2) The owner of a vehicle with respect to which a driving offence is committed is, by virtue of this section, guilty of the offence as if the person were the actual offender, unless: (a) if the offence is dealt with by penalty notice, the owner satisfies an authorised officer that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used, or (b) in any other case, the court is satisfied that the vehicle was, at the relevant time, a stolen vehicle or a vehicle illegally taken or used. (3) Nothing in this section affects the liability of an actual offender in respect of a driving offence but, if a penalty has been imposed on, or recovered from, any person in relation to a driving offence, no further penalty can be imposed on or recovered from any other person in relation to the offence. (4) The owner of a vehicle is not, by virtue of this section, guilty of an offence if, where the offence is dealt with by penalty notice: (a) within 21 days after service on the owner of the penalty notice in respect of the offence, the owner gives notice to the authorised officer (verified by statutory declaration) of the name and address of the person who was at all relevant times in charge of the vehicle, or (b) the owner satisfies the authorised officer that the owner did not know, and could not with reasonable diligence have ascertained, that name and address. (5) The owner of a vehicle is not, by virtue of this section, guilty of an offence if, in any other case: (a) within 21 days after service on the owner of a summons in respect of the offence, the owner gives notice to the informant (verified by statutory declaration) of the name and address of the person who was at all relevant times in charge of the vehicle, or (b) the owner satisfies the court that the owner did not know, and could not with reasonable diligence have ascertained, that name and address. (6) If a statutory declaration supplying the name and address of a person for the purposes of this section is produced in any proceedings against the person in respect of the driving offence to which the declaration relates, the declaration is evidence that the person was, at all relevant times relating to that offence, in charge of the vehicle involved in the offence.


Roads Regulation 2008 (NSW)

Driver, drives,

23 Driver of vehicle to pay toll (1) The driver of a motor vehicle who drives the vehicle past any toll point is liable to pay and must not fail to pay the relevant toll to the toll operator, at or within the time and in a manner permitted by the toll operator in respect of the tollway or a particular lane of the tollway. (2) A toll operator may indicate, by the use of signs (approved by the RTA), the manner of payment that is permitted in respect of the tollway or a particular lane of the tollway. (3(4) A toll operator may waive a toll in respect of a particular driver or a driver belonging to a particular class of drivers.

Other passenger transport, tolling and taxi requirements

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D2013%20AND%20no%3D18&nohits=y



(5) A requirement to pay a toll includes a requirement to pay the toll in accordance with any terms and conditions (including a term requiring the payment of any administrative charges) that may be imposed by a toll operator in relation to the particular manner of payment of the toll.

In charge of a motor vehicle 33 Leaving motor vehicles unattended (1) A person who is in charge of a motor vehicle that is situated on a tollway must not leave the vehicle unattended.


Driver,

35 Breakdowns The driver of a motor vehicle that breaks down while travelling along a tollway must take all reasonable steps to ensure that: (a) the vehicle is parked off the carriageway of the tollway, and (b) adequate measures (such as warning signs and warning lights) are employed to ensure that the vehicle does not constitute a hazard to other motor vehicles, and (c) the vehicle is removed from the tollway as soon as practicable.


Passenger Transport Regulations 2007 (NSW)

Driver, drive,

3 Definitions (1) In this Regulation: drive a vehicle (other than a vessel) includes cause or allow the vehicle to stand. driver means the following: (a) in relation to a bus or tourist service vehicle—a holder of an authority under section 11 of the Act, (b) in relation to a ferry—the ferry master, (c) in relation to a taxi-cab—an authorised taxi-cab driver, (d) in relation to a private hire vehicle—an authorised private hire vehicle driver within the meaning of section 36A of the Act.


Drives,

21 Records of drivers An accredited operator must keep a record in written or electronic form of the following particulars for each person who drives a vehicle used to provide the relevant service while the vehicle is being used for that purpose: (a) the person’s full name and residential address, (b) the dates and times during which the vehicle was driven by the person, (c) the person’s driver authority number (that is, the number allocated by RMS and displayed on the person’s driver authority card) and the date of expiry of the person’s driver authority card, (d) the person’s driver licence number and the date of expiry of the licence.


Driver 24 Operators to notify detrimental change in driver’s medical condition If the operator of a public passenger service becomes aware of any apparent change in the physical or mental condition of a driver of a public passenger vehicle operated by the operator that may detrimentally affect the driver’s ability to drive public passenger vehicles safely, the operator must furnish RMS with written details of the apparent change within 48 hours after becoming aware of it.


Drive 29 Criteria for authorisation to drive public passenger vehicles (1) For the purposes of sections 12 (2), 33B (2) and 40B (2) of the Act, the criteria that an applicant for an authorisation to drive a public passenger vehicle must meet before the application is granted are the criteria set out in subclauses (2)–(4A).


Driver

35 Conduct of drivers (1) The driver of a public passenger vehicle must: (a) behave in an orderly manner and with civility and propriety towards any passenger, intending passenger, driver of another public passenger vehicle or authorised officer, and (b) comply with every reasonable requirement of an authorised officer or passenger.


Driver

37 Driver to ensure vehicles are clean (1) The driver of a public passenger vehicle must ensure that the vehicle is clean and tidy. (2) This clause does not apply to the driver of a taxi-cab or a private hire vehicle.


Driver

39 Driver not to drive vehicle subject to non-compliance label The driver of a public passenger vehicle must not drive the vehicle if: (a) the expiry date or expiry time of a non-compliance label affixed to the vehicle has passed, or (b) the driver is aware that a non-compliance label has been unlawfully removed from the vehicle.


Driver

40 Driver to move and drive vehicles carefully The driver of a public passenger vehicle must not: (a) move the vehicle while any door is open, or (b) negligently or wilfully move or drive or cause the vehicle to be moved or driven so that any person is subjected to the risk of injury.


Driver

42 Lost property given to drivers (1) A driver of a public passenger vehicle who is given lost property under this Regulation or who finds such property must, within 24 hours after being given or finding the property: (a) if the driver is the driver of a taxi-cab that is connected to an authorised taxi-cab network—give the property to the owner of the property or to the authorised taxi-cab network provider of the network to which the driver’s taxi-cab is connected, or (b) in all other cases—give the property to the owner of the property, to the accredited operator of the public passenger service or to a police officer at a police station. (2) This clause does not apply to the driver of a taxi-cab or a private hire vehicle.


Driver

55 Direction to leave public passenger vehicle, train, railway premises or monorail works (1) A driver of a public passenger vehicle or train or an authorised officer may direct a person to leave, or not to enter, a public passenger vehicle or train if the driver or authorised officer is of the opinion that: (a) the person’s body, clothing or luggage (or any other thing on or carried by the person): (i) may soil or damage the public passenger vehicle or train or the clothing or luggage of other passengers, or (ii) is of such a size or has such dimensions that it cannot be accommodated in the public passenger vehicle or train without inconvenience or danger to other passengers or to the driver, or (b) the person is otherwise causing, or is likely to cause, inconvenience to other passengers or to the driver of the public passenger vehicle or train (whether because the person is under the influence of alcohol or another drug, or for any other reason), or (c) the person is committing an offence under this Regulation in or on the public passenger vehicle or train, or (d) the person is committing an offence under section 4 of the Graffiti Control Act 2008 in relation to the public passenger vehicle or train.


Driver 63 Driver to take action in relation to dangerous conduct The driver of a public passenger vehicle must take such action as is appropriate (for example, contacting the operator or the police for help) if the driver believes on reasonable grounds that the conduct of a passenger is endangering the safety of any person.

Passenger compliance

Drive authority card 79 Buses to be fitted with driver authority card holders The operator of a bus service must ensure that each bus used in the service is fitted with a device suitable for holding the driver authority card in such a manner as to enable the driver to display the card as required by clause 92.


Driver

81 Vehicle defect reports (1) The operator of a bus service must make available, in respect of each bus in the fleet, a blank vehicle defect form for each day that the bus is used in the provision of the service. (2) If the driver of the bus identifies a defect, the driver must fill in the form as appropriate at the end of the driver’s period of driving the bus. (3) The completed form must be returned to the operator of the bus service, in accordance with the relevant procedures established by that operator, as soon as practicable after the bus’s last journey on the day to which the form relates (or, in the case of a service that extends beyond midnight on any day, on the following day).


Driver 91 Conditions of service contracts Other passenger transport, tolling and



(1) The following are conditions of every service contract that authorises the carrying on of a bus service: (a) the operator of the bus service must ensure that every driver of a bus in the service is made aware of the provisions of Part 4 and of any guidelines referred to in clause 99,

taxi requirements

Driver

Division 3 Drivers of buses 92 Driver to display driver authority card The driver of a bus must not drive the bus unless the appropriate driver authority card: (a) is contained in a holder firmly affixed to the interior of the bus, and (b) is displayed so that its face can be easily seen by any passenger in the bus.


Driver

93 Driver to stop bus to pick up and set down passengers (1) Subject to this clause, the driver of a bus: (a) must stop the bus and set down any passenger who indicates to the driver that the passenger wishes to leave the bus, and (b) must stop the bus and pick up any person who indicates to the driver that the person wishes to board the bus. (2) The driver of a bus must not stop the bus on a road or road related area for the purpose of setting down or picking up passengers otherwise than close to and parallel with the side of the carriageway of the road or area. (3) The driver of a bus may refuse to stop the bus: (a) at any place at which stopping the bus would be unlawful or, in the opinion of the driver, unsafe, or (b) in the case of a bus operating along a route for which bus stops are indicated by signs, at any place other than a bus stop. (4) The driver of a bus may refuse to stop the bus to set down a passenger at a bus stop at which the bus is not scheduled, as indicated on the bus or in the timetable for the relevant journey, to set down passengers. (5) The driver of a bus may refuse to stop the bus to pick up a passenger: (a) if by doing so the driver would contravene the provisions of clause 41 (Carriage of goods and animals) or 94 (Driver not to overload bus), or (b) if the intending passenger is a person who is, or who is carrying a thing that is, likely to soil or damage the bus or the clothing or luggage of other passengers, or otherwise to cause inconvenience, a nuisance or annoyance to other passengers or to the driver (as referred to in clause 53 (1) (a) or (b)), or (c) at a bus stop at which the bus is not scheduled, as indicated on the bus or in the timetable for the relevant journey, to pick up passengers.


Driver

94 Driver not to overload bus (1) The driver of a bus must not: (a) carry at any one time in a single-decked bus (or on either deck of a two-decked bus) a greater number of passengers seated than the number authorised to be carried seated in the single-decked bus (or on that deck of the two-decked bus), or (b) carry at any one time in a single-decked bus (or on the lower deck of a two-decked bus) a greater number of passengers standing than the number authorised to be carried standing.


Driver

96 Driver not to carry passengers on certain portions of bus The driver of a bus must not: (a) carry any passenger on any portion of the bus not set apart or intended for the conveyance of passengers, or (b) in the case of a two-decked bus, permit any passenger to stand on the upper deck of the bus, or (c) permit any person to occupy any portion of the driving seat or of the bus on the right-hand side of that seat and abreast of it, or (d) permit any person to be on any portion of the bus in front of the driving seat.


Driver 97 Driver to remain in bus The driver of a bus must not, without reasonable excuse, leave the driving seat of the bus.


Driven

108 Wheelchair accessible taxi-cabs An operator of a taxi-cab service that involves the use of a wheelchair accessible taxi-cab must ensure that the taxi-cab concerned: (a) is fitted out so that it is capable of safely providing wheelchair accessible services, and (b) is driven only by a person who has successfully completed a course of training and instruction (approved by TfNSW and conducted by a registered training organisation) in respect of the care and transport of persons with physical disabilities, and (c) carries a child restraint that is not more than 10 years old at all times that the taxi-cab is available for hire.


Driver protection screen

114 Security cameras (1) The operator of a taxi-cab that is connected to a taxi-cab network and that operates within the Metropolitan, Newcastle or Wollongong transport district or within the City of Gosford or the Wyong local government area must ensure that the taxi-cab is fitted: (a) before 1 March 2008, with either an approved driver protection screen or an approved security camera system, and (b) on or after 1 March 2008, with an approved security camera system. Maximum penalty: 50 penalty units. (2) The operator of a taxi-cab, other than a taxi-cab referred to in subclause (1), must ensure that on or after 1 September 2008, the taxi-cab is fitted with an approved security camera system.


Driver authority card, driver 129 Taxi-cab to be fitted with driver authority card holders The operator of a taxi-cab must ensure that the taxi-cab is fitted with a device suitable for holding the driver authority card in such a manner as to enable the driver to display the card as required by clause 132.


Drives 130 Driver to be supplied with worksheets The operator of a taxi-cab must provide each person who drives the taxi-cab with blank driver’s worksheets, of a kind approved by RMS, for the person to complete in accordance with the requirements of clause 134.


Driver authority card, driver

132 Driver to display driver authority card The driver of a taxi-cab must not drive the vehicle unless the appropriate driver authority card: (a) is contained in a holder firmly affixed to the interior of the taxi-cab, and (b) is displayed so that its face can be easily seen by any passenger in the taxi-cab.


Drive, 133 Driver of wheelchair accessible taxi-cab to be trained (1) A person must not drive a wheelchair accessible taxi-cab that is hired or for hire unless the person has successfully completed a course of training and instruction (approved by TfNSW and conducted by a registered training organisation) in respect of the care and transport of persons with physical disabilities.


Driver, driver’s worksheet 134 Driver’s worksheets (1) The driver of a taxi-cab must enter on a driver’s worksheet: ……


Driver

138 Taxi zones (1) The driver of a taxi-cab must not cause or allow the taxi-cab to stand in a taxi zone if the taxi-cab is hired or is not available for hire. (1) Unless otherwise directed by an authorised officer, the driver of a taxi-cab, on arriving at a taxi zone that contains positions for 2 or more taxi-cabs, must place and keep the taxi-cab in the first available position in the taxi zone. (6) The driver of a taxi-cab must not cause or allow the taxi-cab to leave a taxi zone, or to leave any other place where passengers are picked up or set down, in contravention of a direction given by an authorised officer. . (7) The driver of a taxi-cab may set down a passenger in a taxi zone only if the taxi-cab concerned occupies the last available position in the taxi zone.


Driver

139 Standing otherwise than in a taxi zone The driver of a taxi-cab must not permit the taxi-cab to stand otherwise than in a taxi zone, except as follows: (a) while loading or unloading luggage or goods or taking up or setting down passengers, (b) by the direction or with the consent of a police officer, (c) while hired, (d) while not available for hire.



Driver, driving, drive, driver change over point,

146 Driver of taxi-cab to accept hiring (1) Subject to this clause, the driver of a taxi-cab that is available for hire must accept a hiring immediately when offered. (2) The driver of a taxi-cab may refuse to accept a hiring: (a) if acceptance of the hiring would result in the number of passengers in the taxi-cab exceeding the maximum number of passengers that may be carried in the taxi-cab, or (b) if the intending passenger wishes to place or carry in or on the vehicle an article of a size or dimensions that make it unable to be accommodated in or on the vehicle without inconvenience or danger to a person, or (b1) if the intending passenger wishes to place or carry in or on the vehicle any dog, cat, bird or other animal (other than an assistance animal or an assistance animal in training) that is not suitably contained in a box, basket or other container, or (c) if the driver is driving, or is intending to drive immediately, to a driver change over point, or (d) if the intending passenger indicates that he or she wishes to be taken to a location that is outside the taxi-cab’s area of operation, or (e) if the intending passenger is smoking, eating or drinking and refuses to stop doing so, or (f) if the intending passenger is a person who is, or who is carrying a thing that is, likely to soil or damage the taxi-cab or the clothing or luggage of other passengers, or to otherwise cause inconvenience, a nuisance or annoyance to other passengers or to the driver (as referred to in clause 53 (1) (a) or (b)), or (g) if one of the intending passengers is under the age of 1 year and neither the driver of the taxi-cab nor any other intending passenger is carrying a child restraint that is not more than 10 years old, or (h) if the intending passenger cannot, on request, satisfy the driver that the person is able to pay the estimated fare, or (i) if the intending passenger, on request, refuses to pay the deposit in accordance with clause 163A or 163B.


Driver

148 Driver of wheelchair accessible taxi-cab to give preference to person using wheelchair (1) The driver of a wheelchair accessible taxi-cab that is available for hire must accept a hiring offered by a person using a wheelchair in preference to a hiring offered by a person not using a wheelchair. (2) The driver of a wheelchair accessible taxi-cab must accept a hiring offered by a person using a wheelchair even if the driver has already accepted the offer of a person not using a wheelchair unless one or more intending passengers are already seated in the taxi-cab at the time the person using a wheelchair offers to hire the taxi-cab.


Driver

149 Police officer may direct driver to accept hiring (1) A police officer may direct the driver of a taxi-cab to accept a hiring, even though clause 146 (2) would otherwise allow the driver to refuse the hiring, but may not do so if the carrying out of the hiring would involve the driver in committing an offence (other than an offence against this Regulation). (2) The driver of the taxi-cab to whom such a direction is given must not, without reasonable excuse, fail to carry out the hiring in accordance with the direction.


Driver, drive,

150 Manner in which hiring to be carried out (1) The driver of a taxi-cab: (a) must not refuse or fail to carry out punctually any hiring accepted, and (b) must drive the taxi-cab by the shortest practicable route to any place specified by the hirer that is within the taxi-cab’s area of operation, unless the hirer requests that the taxi-cab be driven to that place by some other route. (2) The hirer of a taxi-cab may at any time during the hiring direct the driver to carry the hirer to any place within the taxi-cab’s area of operation, even if that place was not originally specified by the hirer, and the driver must not, without reasonable excuse, fail to comply with that direction. (3) The driver of a taxi-cab must not stop the taxi-cab on a road or road related area for the purpose of setting down or picking up passengers otherwise than close to and parallel with the side of the carriageway of the road or area.


Driver 151 Wheelchair to be safely and securely attached to taxi-cab The driver of a wheelchair accessible taxi-cab who is conveying a person using a wheelchair must ensure that the wheelchair is safely and securely attached to the taxi-cab throughout the hiring.


Driver

153 Journey by taxi-cab to pick-up point (1) If a taxi-cab travels to a specified place to convey a hirer or the hirer’s luggage or goods from that place, the following provisions apply: (a) the driver may set the taxi-meter in operation: (i) if the taxi-cab arrives at the specified place before the specified arrival time—at or after the specified arrival time, or (ii) if the taxi-cab arrives at the specified place on or after the specified arrival time—on or after arriving at the specified place, or (iii) at another time agreed with the hirer.


Driver

157 Termination of hiring by driver (1) The driver of a taxi-cab may terminate a hiring in the following circumstances: (a) if a passenger indicates that he or she wishes to be taken to a location that is outside the taxi-cab’s area of operation, (b) if a passenger is smoking, eating or drinking and refuses to stop doing so, (c) if a passenger is a person who is, or who is carrying a thing that is, likely to soil or damage the taxi-cab or the clothing or luggage of other passengers, or to otherwise cause inconvenience, a nuisance or annoyance to other passengers or to the driver (as referred to in clause 55 (1) (a) or (b)), (d) if a passenger behaves in an offensive manner or uses offensive language, (e) if any passenger who is under 16 years of age is not wearing a seatbelt or other restraint that is properly adjusted and securely fastened, (f) if a passenger causes a confined animal to be released from confinement in the taxi-cab. (2) If the driver of a taxi-cab terminates a hiring under this clause, the hirer must, on demand, pay the authorised fare to the place where the hiring was terminated.



Driver

158 Additional passengers The driver of a taxi-cab must not: (a) permit any person to ride in the taxi-cab without the consent of the hirer, or (b) do or allow to be done any act or thing intended to result in any person’s entering or riding in the taxi-cab in contravention of this clause.


Driver, drive

159 Sharing of taxi-cabs (1) At the commencement of (or during) a hiring of a taxi-cab, the hirer may require the driver: (a) to permit other persons to share the taxi-cab with the hirer, and (b) to drive one or more of the other persons to a destination other than the hirer’s destination before driving the hirer to his or her destination. (2) The driver of the taxi-cab must comply with any such requirement.


Driver

160 Multiple hiring of taxi-cabs (1) The driver of a taxi-cab may accept separate hirings from 2 or more persons concurrently if: (a) all of the hirers commence the hiring of the taxi-cab at the same time, and (b) each of the hirers agrees that the driver may accept the other hirings, and (c) all of the hirers are travelling to destinations in the same general locality or the same general direction.


Driver

161 Operation of meter by taxi-cab driver (1) The driver of a taxi-cab to which a taxi-meter is fitted: (a) must not set the taxi-meter in motion before the taxi-cab is hired, and (b) as soon as the taxi-cab is hired, must set the taxi-meter in motion, and (c) during any hiring, must keep the taxi-meter in motion, and (d) during any hiring, must stop the taxi-meter for as long as may be necessary to prevent it from registering a charge during any period during which: (i) a hirer in a multiple hire is paying the authorised fare for his or her hire and getting out of the taxi-cab, or (ii) the taxi-cab is delayed for a reason mentioned in clause 163 (5), and (e) on the termination of any hiring (other than a hiring that is not the last hiring in a multiple hiring), must operate the taxi-meter so that the fare indicators return to zero.


Driver

163 Fares for taxi-cabs (1) The driver of a taxi-cab must not demand (or enter into an agreement to accept) more than the authorised fare for any hiring of the taxi-cab, unless: (a) the taxi-cab is hired to convey a passenger to a place outside the taxi-cab’s area of operation, and (b) the fare is negotiated and agreed with the hirer before the start of the journey.



(2) After the termination of a hiring (or on leaving the taxi-cab in compliance with a direction to do so), the hirer must pay to the driver of the taxi-cab the authorised fare for the hiring. (1) The driver of the taxi-cab must not, without reasonable cause, fail to offer the correct change if given money of greater value than the amount of the authorised fare for the hiring. (2) (6) If a passenger soils a taxi-cab in such a manner that it would cause the driver to be in breach of the driver’s obligation to ensure that the taxi-cab is clean and tidy, the driver is entitled to collect, and the hirer must pay, a cleaning fee equivalent to one hour of the waiting time fee determined by TfNSW under section 60A of the Act.

Driver

163B Sydney fare pre-payment scheme (1) This clause applies to the hiring of a taxi-cab at a designated taxi zone if the hiring commences during a designated time. (2) The driver of a taxi-cab may, before a hiring starts or at any time during a hiring, require the hirer to pay a deposit of not more than an amount equal to the driver’s reasonable estimate of the authorised fare for the proposed journey or the agreed fare (if agreed in accordance with clause 163 (1)). (3) A driver who receives payment of a deposit or an agreed fare under this clause must, on the request of the hirer, give the hirer a receipt for the deposit. Maximum penalty: 5 penalty units. (4) A driver who receives payment of a deposit based on an estimate of the authorised fare under this clause must, on the termination of the hiring (or on the hirer leaving the taxi-cab in compliance with a direction to do so), refund to the hirer any amount by which the deposit exceeds the authorised fare for the journey. Maximum penalty: 10 penalty units. (5) After the termination of a hiring (or on leaving the taxi-cab in compliance with a direction to do so), a hirer who paid a deposit based on an estimate of the authorised fare under this clause must pay to the driver of the taxi-cab the amount (if any) by which the authorised fare for the hiring exceeds the deposit.


Driven

180 Drivers to be authorised and affiliates to be accredited The authorised taxi-cab network provider: (a) must not allow a taxi-cab to operate through the network unless the taxi-cab: (i) is operated by an accredited taxi-cab operator, and (ii) is driven by an authorised taxi-cab driver, and


Driver

Division 2 Drivers of private hire vehicles 189 No plying or standing for hire The driver of a private hire vehicle must not: (a) ply, stand or park the vehicle for hire on any road or road related area, or (b) use the vehicle to carry out a hiring other than a pre-booked hiring, or (c) if the licence for the private hire vehicle specifies an area of operation for the vehicle—use the vehicle to carry out a hiring to convey a passenger from a place outside the vehicle’s area of operation to a place other than a place inside that area.


Driver

192 Additional passengers The driver of a private hire vehicle must not: (a) permit any person to ride in the vehicle without the consent of the hirer, or (b) do or allow to be done any act or thing intended to result in any person’s entering or riding in the vehicle in contravention of this clause.


Drier

196 Driver to be hired only at specific zones (1) The driver of a private hire vehicle must not, while in the Sydney Airport precinct, stop the vehicle for the purpose of setting down or picking up passengers except in a designated area. Maximum penalty: 50 penalty units. (2) In this clause: designated area means an area in the Sydney Airport precinct designated by signs erected with the approval of the Sydney Airport Corporation Limited as an area for the setting down and picking up of passengers of private hire vehicles.


Driver

197 Driver to supply information on hirings (1) An authorised officer may require the driver of a private hire vehicle who is in the Sydney Airport precinct to answer questions relating to the following: (a) whether the driver’s vehicle is hired, (b) if the driver indicates that the vehicle is hired, the details of that hiring.


Driver

198 Directions to driver by authorised officers (1) An authorised officer may, for the purpose of ensuring that public passenger services are provided in the Sydney Airport precinct in a manner that is safe, reliable and efficient, direct the driver of a private hire vehicle in the Sydney Airport precinct, by means of a sign or by any other reasonable method: (a) to stop the vehicle, or (b) to move the vehicle in a particular direction or to a particular location in the Sydney Airport precinct.


Tow Truck Industry Act 1998 (NSW)

Certified driver Certified driver means the holder of a drivers certificate. Licenses and permits

Drivers certificate Drivers certificate means a tow truck drivers certificate in force under this Act. Licenses and permits

Driver, certified driver

67 Passengers in tow trucks (2) The driver of a tow truck must not allow a person to travel as a passenger in the tow truck when it is proceeding to or from the scene of an accident unless the person: (a) was the driver of, or was a passenger in, a motor vehicle involved in the accident, or (b) is a certified driver who is travelling as a passenger for the purpose of assisting the driver of the tow truck in carrying out towing work. 68 Restrictions on standing tow truck at accident scene The driver of a tow truck must not stand the tow truck at or within 500 metres of the scene of an accident: (a) for a period longer than the time that is reasonably necessary: (i) to obtain a towing authorisation in respect of any motor vehicle involved in the accident (being a motor vehicle for which no such authorisation has been obtained by another tow truck driver), and (ii) to secure the motor vehicle to or on to the tow truck, and (iii) to comply with section 65, or (b) if a towing authorisation has already been obtained in respect of each of the motor vehicles involved in the accident that require towing—without a reasonable excuse.

Passenger compliance Interaction with other road users

Crimes Act 1900 (NSW)

Vehicle being driven by the person, driver, driving, driven

52A Dangerous driving: substantive matters (1) Dangerous driving occasioning death - A person is guilty of the offence of dangerous driving occasioning death if the vehicle driven by the person is involved in an impact occasioning the death of another person and the driver was, at the time of the impact, driving the vehicle: (a) under the influence of intoxicating liquor or of a drug, or (b) at a speed dangerous to another person or persons, or (c) in a manner dangerous to another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 10 years. (2) Aggravated dangerous driving occasioning death A person is guilty of the offence of aggravated dangerous driving occasioning death if the person commits the offence of dangerous driving occasioning death in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years. (3) Dangerous driving occasioning grievous bodily harm A person is guilty of the offence of dangerous driving occasioning grievous bodily harm if the vehicle driven by the person is involved in an impact occasioning grievous bodily harm to another person and the driver was, at the time of the impact, driving the vehicle: (a) under the influence of intoxicating liquor or of a drug, or

Safety and road rules compliance Interaction with other road users

http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s52a.html#vehicle

http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s4.html#person






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http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s52a.html#circumstances_of_aggravation


http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s4.html#grievous_bodily_harm








http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s52a.html#drug


(b) at a speed dangerous to another person or persons, or (c) in a manner dangerous to another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 7 years. (4) Aggravated dangerous driving occasioning grievous bodily harm A person is guilty of the offence of aggravated dangerous driving occasioning grievous bodily harm if the person commits the offence of dangerous driving occasioning grievous bodily harm in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 11 years. (5) When vehicle is involved in impact-generally For the purposes of this section, the circumstances in which a vehicle is involved in an impact occasioning the death of, or grievous bodily harm to, a person include if the death or harm is occasioned through any of the following: (a) the vehicle overturning or leaving a road while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise), (b) an impact between any object and the vehicle while the person is being conveyed in or on that vehicle (whether as a passenger or otherwise), (c) an impact between the person and the vehicle, (d) the impact of the vehicle with another vehicle or an object in, on or near which the person is at the time of the impact, (e) an impact with anything on, or attached to, the vehicle, (f) an impact with anything that is in motion through falling from the vehicle, (g) the person falling from the vehicle, or being thrown or ejected from the vehicle, while being conveyed in or on the vehicle (whether as a passenger or otherwise), (h) an impact between any object (including the ground) and the person, as a consequence of the person (or any part of the person) being or protruding outside the vehicle, while the person is being conveyed in or on the vehicle (whether as a passenger or otherwise). (6) When vehicle is involved in causing other impacts For the purposes of this section, a vehicle is also involved in an impact occasioning the death of, or grievous bodily harm to, a person if: (a) the death or harm is occasioned through the vehicle causing an impact between other vehicles or between another vehicle and any object or person or causing another vehicle to overturn or leave a road, and (b) the prosecution proves that the vehicle caused the impact. 52AB Offence of failing to stop and assist after vehicle impact causing death or grievous bodily harm (1) A person is guilty of an offence if: (a) a vehicle being driven by the person is involved in an impact occasioning the death of another person, and (b) the person knows, or ought reasonably to know, that the vehicle has been involved in an impact occasioning the death of, or grievous bodily harm to, another person, and (c) the person fails to stop and give any assistance that may be necessary and that it is in his or her power to give. Maximum penalty: imprisonment for 10 years. (2) A person is guilty of an offence if: (a) a vehicle being driven by the person is involved in an impact occasioning grievous bodily harm to another person, and (b) the person knows, or ought reasonably to know, that the vehicle has been involved in an impact occasioning the death of, or grievous bodily harm to, another person, and (c) the person fails to stop and give any assistance that may be necessary and that it is in his or her power to give.

Queensland

Transport Operations (Road Use Management) Act 1995 (QLD)

Driver, driving, in charge of any vehicle

Schedule 4 Dictionary driver— (a) means the person driving or in charge of any vehicle, tram, train, vessel, or animal; and (b) includes, in relation to a trailer— (i) the person driving or in charge of the vehicle to or by which the trailer is attached or drawn; and (ii) for chapter 3, part 3, if the trailer was but is no longer connected to the towing vehicle in a combination—the driver of the towing vehicle in the combination to or by which the trailer was, or apparently was, last attached or drawn.


Person in control, driver, in control of the vehicle

Schedule 4 Dictionary person in control, of a vehicle, includes the following— (a) the driver of the vehicle; (b) the person who reasonably appears to be the driver of the vehicle; (c) the person who appears to be, claims to be, or acts as if he or she is, in control of the vehicle; (d) for a heavy vehicle or prescribed dangerous goods vehicle—a person in or near the vehicle who is a two-up driver for it.


Any person who drives 83 Careless driving of motor vehicles Any person who drives a motor vehicle on a road or elsewhere without due care and attention or without reasonable consideration for other persons using the road or place is guilty of an offence.


Driver of any vehicle

92 Duties and liabilities of drivers involved in road incidents (1) The driver of any vehicle, tram or animal involved on any road, or of any motor vehicle involved elsewhere than on a road, in an incident resulting in injury to or death of any person shall— (a) immediately stop the vehicle, tram or animal; and (b) if any person is injured— (i) remain at or near the scene of the incident and immediately render such assistance as the driver can to the injured person; and (ii) make reasonable endeavours to obtain such medical and other aid as may reasonably be required for the injured person; and (c) if any person is dead or apparently dead—exhibit proper respect for the person’s body and take whatever steps are reasonably practicable to have the body removed to an appropriate place.


Transport Operations (Road Use Management—Road Rules) Regulation 2009 (QLD)

Driver, driving`

16 Who is a driver (1) A driver is the person who is driving a vehicle (except a motor bike, bicycle, animal or animal-drawn vehicle). (2) However, a driver does not include a person pushing a motorised wheelchair. Any and all other provisions that use ‘driver’.


Driver, hand, arm, palm

49 How to give a right change of direction signal (1) The driver of a vehicle must give a right change of direction signal by operating the vehicle’s right direction indicator lights. (2) However, if the vehicle’s direction indicator lights are not in working order or are not clearly visible, or the vehicle is not fitted with direction indicator lights, the driver must give the change of direction signal by— (a) giving a hand signal in accordance with section 50; or (b) using a mechanical signalling device fitted to the vehicle. 50 How to give a right change of direction signal by giving a hand signal To give a hand signal for changing direction to the right, the driver must extend the right arm and hand horizontally and at right angles from the right side of the vehicle, with the hand open and the palm facing the direction of travel.












http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s52a.html#circumstances_of_aggravation







http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s52a.html#road



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http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s52a.html#road


http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s192d.html#cause

http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s52ab.html#vehicle






















Driver, hand, arm, forearm, palm

54 How to give a stop signal (1) The driver of a vehicle must give a stop signal by means of the vehicle’s brake lights. (2) However, if the vehicle’s brake lights are not in working order or are not clearly visible, or the vehicle is not fitted with brake lights, the driver must give the stop signal by— (a) giving a hand signal in accordance with section 55; or (b) using a mechanical signalling device fitted to the vehicle. 55 How to give a stop signal by giving a hand signal (1) To give a hand signal for stopping or suddenly slowing, the driver must extend the right arm and hand at right angles from the right side of the vehicle with— (a) the upper arm horizontal and the forearm and hand pointing upwards; and (b) the hand open and the palm facing the direction of travel. (2) However, the rider of a motorbike may give the hand signal by extending the left arm and hand at right angles from the left side of the motorbike with— (a) the upper arm horizontal and the forearm and hand pointing upwards; and (b) the hand open and the palm facing the direction of travel.


Driver, driver’s seating position, wearing a seatbelt

264 Wearing of seatbelts by drivers (1) The driver of a motor vehicle that is moving, or is stationary but not parked, must comply with this section if the driver’s seating position is fitted with an approved seatbelt. Maximum penalty—20 penalty units. (2) The driver must wear the seatbelt properly adjusted and fastened unless the driver is— (a) reversing the vehicle; or (b) exempt from wearing a seatbelt under section 267. 267 Exemptions from wearing seatbelts (1A) A person in or on a motor vehicle is exempt from wearing a seatbelt if— (a) the seating position that the person occupies is not fitted with a seatbelt; and (b) there is no requirement for that seating position to be fitted with a seatbelt; and (c) all passengers in the vehicle who are exempt from wearing a seatbelt are complying with subsection (8). (1B) Subsection (1A) does not apply to a person who is under 7 years old. (1C) To remove any doubt, it is declared that subsection (1A) does not authorise a passenger to whom section 266(3) or (3A) applies to occupy a seat in the front row of seats in a vehicle that has 2 or more rows of seats. (2) A person in or on a motor vehicle who is 7 years of age or older is exempt from wearing a seatbelt if— (a) the person is engaged in the door-to-door delivery or collection of goods, or in the collection of waste or garbage, and is required to get in or out of the vehicle, or on or off the vehicle, at frequent intervals; and (b) the vehicle is not travelling over 25km/h. (3A) A person is exempt from wearing a seatbelt if— (a) the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger) is carrying a certificate that— (i) is signed by a doctor; and (ii) states that, in the opinion of the doctor, the person should not wear a seatbelt due to the person’s medical condition; and (iii) displays a date of issue; and (iv) displays an expiry date that is a date not more than 12 months after the date of issue; and (v) has not expired; and (b) the person is complying with any conditions stated in the certificate. (4) However, a person is not exempt under subsection (3A) if the person (or, for a passenger, the driver of the vehicle in or on which the person is a passenger) does not immediately produce the certificate mentioned in the subsection for inspection when a police officer asks the person (or the driver) whether the person is exempt from wearing a seatbelt. (5) A person is exempt from wearing a seatbelt if— (a) the person is a passenger in or on a police or emergency vehicle; and (b) either— (i) if the vehicle has 2 or more rows of seats—the person is not in the front row of seats or there is not a seating position available for the person in another row of seats; or (ii) if the vehicle is a police vehicle and has a caged, or other secured, area designed for the carriage of passengers—the person occupies a seating position in that area. (6) A person is exempt from wearing a seatbelt if the person is providing or receiving medical treatment of an urgent and necessary nature while in or on a vehicle. (7) If a truck or bus has a sleeper compartment, a two-up driver of the truck or bus is exempt from wearing a seatbelt while the two-up driver occupies the sleeper compartment for rest purposes. (8) If a vehicle does not have approved seatbelts or approved child restraints fitted to all its passenger seating positions, a passenger who is exempt from wearing a seatbelt under this section must not occupy— (a) a seating position that is fitted with an approved seatbelt; or (b) an approved child restraint; if the result would be that a passenger who is not exempt from wearing a seatbelt under this section would be required to occupy a seating position that is not fitted with an approved seatbelt or an approved child restraint. (8A) A person is exempt from wearing a seatbelt while the person is driving a taxi with 1 or more passengers in it. (8B) A passenger on a bus is exempt from wearing a seatbelt while the passenger is— (a) a standing passenger mentioned in the Transport Operations (Passenger Transport) Standard 2010, section 11(2)(c) and (d); or (b) entering or leaving the bus. (8C) A passenger on a bus, taxi or tow truck is exempt from wearing a seatbelt if— (a) the passenger is less than 1 year old; and (b) no suitable approved child restraint is fitted and available for use by the passenger; and (c) if the bus, taxi or tow truck has 2 or more rows of seats—the passenger is not in the front row of seats; and (d) the passenger is seated in the lap of another passenger who is 16 years of age or older; and (e) if the vehicle is a tow truck—the person is a passenger in the tow truck because the vehicle in which the person was a passenger is being towed. (8D) To remove any doubt, it is declared that subsection (8C) does not limit the exemption given to— (a) a bus driver in relation to a passenger under section 266(1); or (b) a taxi driver in relation to a passenger under section 266(5). (9) In this section— two-up driver, for a vehicle that is a bus or truck, means a person accompanying the vehicle’s driver on a journey or part of a journey, who has been, is or will be, sharing the task of driving the vehicle during the journey.


Driver, driver’s required particulars, any other driver,

driver’s representative,

287 Duties of a driver involved in a crash (1) This section applies to a driver involved in a crash. (2) The driver must stop at the scene of the crash and give the driver’s required particulars, within the required time and, if practicable, at the scene of the crash, to— (a) any other driver (or that driver’s representative) involved in the crash; and (b) any other person involved in the crash who is injured, or the person’s representative; and (c) the owner of any property (including any vehicle) damaged in the crash (or the owner’s representative), unless, in the case of damage to a vehicle, the particulars are given to the driver of the vehicle (or the driver’s representative).



Maximum penalty—20 penalty units. (3) The driver must also give the driver’s required particulars, within the required time, to the Queensland Police Service if— (a) anyone is killed or injured in the crash; or (b) the driver does not, for any reason, give the driver’s required particulars to each person mentioned in subsection (2); or (c) the required particulars for any other driver involved in the crash are not given to the driver; or (d) a motor vehicle involved in the crash is towed or carried away by another vehicle.

Driver, control the movement, driver’s seat,

294 Keeping control of a vehicle being towed (1) The driver of a motor vehicle must not tow another motor vehicle unless— (a) either— (i) the driver can control the movement of the towed vehicle; or (ii) the brakes and steering of the towed vehicle are in working order and a person who is licensed to drive the towed vehicle is sitting in the driver’s seat of the towed vehicle, and is in control of its brakes and steering; and (b) it is safe to tow the towed vehicle. Maximum penalty—20 penalty units. (2) The driver of a motor vehicle must not tow a trailer unless— (a) the driver can control the movement of the trailer; and (b) it is safe to tow the trailer. Maximum penalty—20 penalty units. (3) The driver of a motor vehicle must not tow a bicycle, wheeled recreational device, wheeled toy or wheelchair. Maximum penalty—20 penalty units. (4) The driver of a motor vehicle, other than a heavy vehicle, must not tow more than 1 motor vehicle or trailer. Maximum penalty—20 penalty units. (5) However, the driver may tow a car towing trailer with a vehicle secured to the trailer if— (a) the trailer has effective independent brakes or overrun brakes; and (b) instructions for securing a vehicle to the trailer are attached to the trailer.


Driver, proper control

297 Driver to have proper control of a vehicle etc (1) A driver must not drive a vehicle unless the driver has proper control of the vehicle. Offence provision.


Drive, driver’s lap 297 Driver to have proper control of a vehicle etc (1A) A person must not drive a vehicle if a person or an animal is in the driver’s lap.


Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 (QLD)

Driver, view, drive, controls

20 Driver’s view and vehicle controls A motor vehicle must be built— (a) to allow the driver a view of the road and of traffic to the front and sides of the vehicle so the driver can drive the vehicle safely; and (b) with its controls located so the driver can drive the vehicle safely.


Driver, normal driving position 112 Operation of brakes on motor vehicles The braking system on a motor vehicle must be arranged to allow the driver of the vehicle to apply the brakes from a normal driving position.


Transport Operations (Passenger Transport) Act 1994 (QLD)

Driver

driver— (a) generally—means the driver of a public passenger vehicle; and (b) for chapter 11A—see section 143AA. Any and all other provisions that use ‘driver’.


Vehicle’s driver, person in control

person in control includes— (a) for a ferry—the person who has, or reasonably appears to have, command or charge of the ferry; and (b) for another vehicle—the vehicle’s driver or the person who reasonably appears to be the vehicle’s driver. 123 Entry or boarding of vehicles (2) If the vehicle is moving or about to move, the authorised person may signal the person in control of the vehicle to stop the vehicle or not to move it. (3) To enable the vehicle to be entered or boarded, the authorised person may— (a) act with necessary and reasonable help and force; and (b) require the person in control of the vehicle to give reasonable help to the authorised person. (g) if the authorised person enters or boards a vehicle—by written notice given to the person in control of the vehicle, require the person— (i) to take the vehicle to a stated reasonable place by a stated reasonable time; and (ii) if necessary, to remain in control of the vehicle at the place for a reasonable time; Any and all other provisions that use ‘person in control’.


Transport Operations (Passenger Transport) Standard 2010 (QLD)

Driver, driver’s fatigue level,

10 Fatigue management (1) A driver of a relevant vehicle must not operate the vehicle if the driver’s fatigue level may endanger passenger safety. (2) The driver of a fatigue-regulated heavy vehicle does not contravene subsection (1) if the driver complies with the requirements about fatigue management applying to the driver under the Heavy Vehicle National Law (Queensland). (3) In this section— fatigue-regulated heavy vehicle means a heavy vehicle that is a fatigue-regulated heavy vehicle for the purposes of the Heavy Vehicle National Law (Queensland).


Driver,

11 Operational safety of vehicles (1) A driver of a relevant vehicle must operate it safely. (2) Without limiting subsection (1), the driver must ensure— (a) the vehicle is not overloaded; and (b) if the vehicle is used for long distance scheduled passenger services or tourist services, it does not carry standing passengers; and (c) if the vehicle is a bus that carries standing passengers— (i) the bus is specifically designed and constructed to carry standing passengers; and


https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TranstOpPasTA94.pdf

https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TranstOpPasTS10.pdf


(ii) when carrying standing passengers, the bus does not travel on a no standing passenger road; and (d) if the vehicle is a school bus that carries standing passengers— (i) the bus is not overloaded; and (ii) the bus is specifically designed and constructed to carry standing passengers; and (iii) when carrying standing passengers, the bus does not travel on a no standing passenger road; and (iv) no passenger stands for more than 20km. (3) Despite subsection (2)(c) and (d)(ii), (iii) and (iv), a driver of a bus fitted with seatbelts for every seated passenger must ensure the bus is used only to carry seated passengers, unless each seat of the bus is occupied. (4) A driver of a bus mentioned in subsection (3) that carries a permitted standing passenger during the driver’s shift must, at the end of the shift, give the following information to the operator of the bus— (a) the date and time when, and place where, the passenger boarded the bus to become a permitted standing passenger; (b) the number of passengers, including the passenger, who boarded the bus when the passenger boarded it.

Driver, 12 Seating (1) A driver of a relevant vehicle must take reasonable steps to ensure that no more than 1 passenger sits in any adult seat in the vehicle.


Driver

13 Customer service (1) A driver of a relevant vehicle must be reasonably courteous to passengers and the public. (2) A driver of a vehicle providing a general route service or a school service must provide the service in accordance with the advertised schedules of the operator of the vehicle unless— (a) the driver is prevented from doing so by an unforeseeable circumstance; or Examples of an unforeseeable circumstance— • an incident • an accident, whether or not involving the vehicle providing the public passenger service • flooding or storm damage Example of a foreseeable circumstance— traffic volume (b) the schedules, and services under the schedules, are not realistically achievable. (3) If an incident happens, a driver of a relevant vehicle must tell passengers in the vehicle— (a) the reason for the disruption or prevention of the provision of the relevant service; and (b) the arrangements being made for the completion of the relevant service.


Driver, driving 131 Dress of drivers The driver of a public passenger vehicle must, while driving the vehicle, be neatly dressed. Maximum penalty—10 penalty units.


Driver

132 Help to passengers If a passenger of, or intending passenger for, a public passenger vehicle asks for help to board or leave the vehicle, or asks for help with luggage, the driver of the vehicle must give the help to the extent that it is reasonable for the driver to do so. Maximum penalty—10 penalty units.


Transport Infrastructure Act 1994 (QLD)

Drive

46 Temporary restrictions on use of State-controlled roads (4) A person must not drive past a restricted road use notice erected or displayed under subsection (1) in contravention of the notice, unless the person— (a) has a reasonable excuse; or (b) is acting in accordance with a written approval given by the chief executive or police commissioner; or (c) is carrying out road works or inspecting a road for the chief executive, and the contravention is necessary for the person to carry out the road works or inspect the road.


Driver, driver’s liability

94 Liability for toll and user administration charge and satisfying the liability (1) The driver of a designated vehicle entering, or on, a toll road is liable, at each toll plaza through which the vehicle passes, for— (a) the toll payable at the toll plaza for the use of the toll road by the vehicle; and (b) if the driver satisfies the driver’s liability under paragraph (a) other than in cash or by use of a touch tag or the E toll system—the user administration charge for the toll.


Driver’s liability, driver

95 Using the E toll system (1) The following requirements apply for using the E toll system to satisfy a driver’s liability under section 94 for the toll payable at a toll plaza— (a) a properly operating transponder or other electronic device is in, or fitted to, the designated vehicle; (b) the transponder or other device— (i) was issued for a vehicle of the same type as the designated vehicle; and (ii) is linked to a valid account for the E toll system operating for the toll road; and (iii) properly activates the E toll system. (2) To remove doubt, it is declared that using the E toll system to satisfy the liability of a designated vehicle’s driver for the toll payable at a toll plaza does not affect another contractual obligation owed by the driver or another person to a toll road operator under an applicable agreement made by the toll road operator.


Driver

98 Liability for administration charge in addition to unpaid toll (1) If this division applies to a driver, the driver immediately becomes liable to pay the toll road operator, in addition to the unpaid toll, the amount of the administration charge for the toll. (2) However, the driver is not liable under subsection (1) to pay the amount of the administration charge for the toll if the toll is unpaid because— (a) the driver’s transponder or other electronic device is faulty through no fault of the driver and the driver is unaware it is faulty; or (b) the E toll system is faulty or otherwise inoperable.


Driver

99A Corporation may be taken to be driver of vehicle (1) This section applies if the registered operator of the vehicle— (a) is a corporation; and (b) fails to give the toll road operator all the help, under section 99(2)(b)(ii), the registered operator can reasonably give to enable the toll road operator to establish the name and address of the driver of the vehicle. (2) The registered operator of the vehicle is taken to be the driver of the vehicle for sections 94 and 98.


Driver, driver’s name and address

101 Notice to person identified as driver (1) The toll road operator may give a notice under this section only if the toll road operator— (a) has not received the deferred toll amount; and (b) considers, on reasonable grounds, that the toll road operator has correctly identified the person (the identified person) who was the driver. (2) The toll road operator may give the identified person a written notice in the approved form requiring the identified person, within the prescribed time for the notice— (a) to pay the toll road operator the deferred toll amount; or (b) to give the toll road operator the identified person’s statutory declaration in the approved form containing information that— (i) establishes, to the extent it is reasonably practicable for the identified person to do so, that the identified person was not the driver; and (ii) gives the toll road operator all the help the identified person can reasonably give for establishing the driver’s name and address. (3) The identified person must comply with the notice given under subsection (2) unless the person has a reasonable excuse.


Driver, driver’s liability 105ZC Liability for toll and user administration charge and satisfying the liability (1) The driver of a designated vehicle entering, or on, a local government tollway is liable, at each toll plaza through which the vehicle passes, for— (a) the toll payable at the toll plaza for the use of the local government tollway by the vehicle; and



(b) if the driver satisfies the driver’s liability under paragraph (a) other than in cash or by use of the E toll system—the user administration charge for the toll. (2) The amount of any unpaid toll or user administration charge may be recovered by the local government tollway operator as a debt from the driver, subject to any applicable agreement made by the local government tollway operator.

Driver’s liability

105ZD Using the E toll system (1) The following requirements apply for using the E toll system to satisfy the driver’s liability for the toll payable at the toll plaza— (a) the designated vehicle must have a properly operating transponder or other electronic device; (b) the transponder or other device— (i) must have been issued for a vehicle of the same type as the designated vehicle; and (ii) must be linked to a valid account for the E toll system operating for the local government tollway; and (iii) must properly activate the E toll system.


Driver, driver’s transponder

105ZG Liability for administration charge in addition to unpaid toll (1) If this subdivision applies to a driver, the driver immediately becomes liable to pay the local government tollway operator, in addition to the unpaid toll, the amount of the administration charge for the toll. (2) However, the driver is not liable under subsection (1) to pay the amount of the administration charge for the toll if the toll is unpaid because— (a) the driver’s transponder or other electronic device is faulty through no fault of the driver and the driver is unaware it is faulty; or (b) the E toll system is faulty or otherwise inoperable.


Drive

336 Who may drive on a busway (1) A person must not drive on a busway unless the person is— (a) driving in the course of the person’s duty as an employee of— (i) a busway service provider authorised by the chief executive to use the busway; or (ii) the holder of a service contract that requires the holder to provide a public passenger service for the area in which the busway is located; or (iii) an emergency service; or (b) authorised by the chief executive to drive on the busway.


Criminal Code Act 1899 (QLD)

Operates

328A Dangerous operation of a vehicle (1) A person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place commits a misdemeanour. Maximum penalty—200 penalty units or 3 years imprisonment. (2) If the offender— (a) at the time of committing the offence is adversely affected by an intoxicating substance; or (b) at the time of committing the offence is excessively speeding or taking part in an unlawful race or unlawful speed trial; or (c) has been previously convicted either upon indictment or summarily of an offence against this section; the person commits a crime. Maximum penalty—400 penalty units or 5 years imprisonment. (3) If the offender has been— (a) previously convicted either upon indictment or summarily of an offence against this section committed while the offender was adversely affected by an intoxicating substance; or (b) twice previously convicted either upon indictment or summarily (or once upon indictment and once summarily) of the same prescribed offence or different prescribed offences; the court or justices shall, upon conviction, impose as the whole or part of the punishment, imprisonment. (4) A person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place and causes the death of or grievous bodily harm to another person commits a crime and is liable on conviction on indictment— (a) to imprisonment for 10 years, if neither paragraph (b) nor (c) applies; or (b) to imprisonment for 14 years if, at the time of committing the offence, the offender is— (i) adversely affected by an intoxicating substance; or (ii) excessively speeding; or (iii) taking part in an unlawful race or unlawful speed trial; or (c) to imprisonment for 14 years, if the offender knows, or ought reasonably know, the other person has been killed or injured, and the offender leaves the scene of the incident, other than to obtain medical or other help for the other person, before a police officer arrives.


Australian Light Vehicle Standards Rules 2015 (QLD)

Driver, proper control

297 Driver to have proper control of a vehicle etc (1) A driver must not drive a vehicle unless the driver has proper control of the vehicle. Offence provision.


Victoria

Road Safety Act 1986 (VIC)

Drive, in control, driver

3 Definitions (1) In this Act— drive includes to be in control of a vehicle driver of a vehicle includes— (a) a two-up driver of the vehicle who is present in or near the vehicle; and (b) a person who is driving the vehicle as a driver under instruction or under an appropriate learner permit;


In charge, drive, start, driving

3AA Circumstances in which person is to be taken to be in charge of a motor vehicle (1) Without limiting the circumstances in which a person is in charge of a motor vehicle, the following persons are to be taken to be in charge of a motor vehicle for the purposes of this Act— (a) a person who is attempting to start or drive the motor vehicle; (b) a person with respect to whom there are reasonable grounds for the belief that he or she intends to start or drive the motor vehicle; (c) a commercial driving instructor while the person whom he or she is teaching to drive is driving or in charge of the vehicle; (d) an accompanying licensed driver while the person whom he or she is sitting beside is driving or in charge of the vehicle. (2) Subsection (1)(c) or (d) does not affect any liability of the person being taught or accompanied for any offence committed by that person while driving or being in charge of the motor vehicle.


Drives, drive,

17A Obligations of road users (1) A person who drives a motor vehicle on a highway must drive in a safe manner having regard to all the relevant factors, including (without limiting the generality) the— (a) physical characteristics of the road; (b) prevailing weather conditions; (c) level of visibility; (d) condition of the motor vehicle; (e) prevailing traffic conditions;



(f) relevant road laws and advisory signs; (g) physical and mental condition of the driver. (2) A road user other than a person driving a motor vehicle must use a highway in a safe manner having regard to all the relevant factors. (3) A road user must— (a) have regard to the rights of other road users and take reasonable care to avoid any conduct that may endanger the safety or welfare of other road users; (b) have regard to the rights of the community and infrastructure managers in relation to road infrastructure and non-road infrastructure on the road reserve and take reasonable care to avoid any conduct that may damage road infrastructure and non-road infrastructure on the road reserve; (c) have regard to the rights of the community in relation to the road reserve and take reasonable care to avoid conduct that may harm the environment of the road reserve. (4) In subsection (3), infrastructure manager, non-road infrastructure, road infrastructure and road reserve have the same meanings as in section 3(1) of the Road Management Act 2004.

Drives

18 Offence if driver not licensed (1) A person who drives a motor vehicle on a highway— (a) without holding a driver licence or permit which authorises the holder to drive such a motor vehicle (unless exempted under the regulations); or (b) in breach of any condition of a driver licence or permit; or (c) being a person who is exempted under the regulations from the requirements of paragraph (a) because he or she holds an appropriate licence or permit issued in another State, Territory or country, in breach of any condition of that licence or permit— is guilty of an offence and, unless subsection (2) or (3) applies, is liable to a penalty not exceeding 25 penalty units or to imprisonment for not more than 3 months.


Driver, person in charge of motor vehicle

59 General duty of driver or person in charge of motor vehicle (1) The driver or person in charge of a motor vehicle on a highway has the following duties— (a) to stop the motor vehicle, produce for inspection his or her driver licence document or learner permit document and state his or her name and address if requested or signalled to do so by— (i) a police officer or an officer of the Corporation or of the Department of Transport, Planning and Local Infrastructure (being an officer of the Corporation or Department of Transport, Planning and Local Infrastructure authorised in writing by the Corporation or the Secretary to the Department of Transport, Planning and Local Infrastructure, as the case requires, in that behalf); or (ii) an officer of or person authorised in writing in that behalf by any municipal council who has reasonable grounds for believing that any provision of the regulations relating to the mass or dimensions of a motor vehicle or trailer or to the number of hours during which a person may drive a motor vehicle or to the carrying of a log book on a motor vehicle is being contravened; and (b) to obey any lawful direction given to him or her by a police officer under subsection (5); and (c) if requested or signalled to do so by a police officer or an officer of the Corporation (being an officer of the Corporation authorised in writing by the Corporation in that behalf), to stop the motor vehicle, produce for inspection his or her log book, permit any entry in the log book to be copied and permit the person inspecting it to make any entry in it and to search the motor vehicle if that person has reasonable grounds for suspecting that more than one log book is carried on the vehicle; and (d) if requested or signalled to do so by a police officer or an officer of the Corporation (being an officer of the Corporation authorised in writing by the Corporation in that behalf) or by an officer of or person authorised in writing in that behalf by any municipal council, to stop the motor vehicle and allow it together with its load and any trailer attached to the motor vehicle and the load of the trailer (whether those loads are goods or passengers or both) to be weighed or to be taken to be weighed at a weighbridge or weighing machine that is agreed on by the driver or person in charge of the motor vehicle and the person making the request or, if there is no agreement, at the weighbridge or weighing machine that is nominated by the person making the request. (1A) The driver or person in charge of a motor vehicle that is in, or being driven from or into, a railway car park or municipal council controlled car park at or in the vicinity of a designated place has the following duties— (a) to stop the motor vehicle, produce for inspection his or her driver licence document or learner permit document and state his or her name and address if requested or signalled to do so by a protective services officer; and (b) to obey any lawful direction given to him or her by a protective services officer under subsection (5A). (2) Subject to subsections (3) and (4), a person who fails to do anything that he or she is required to do under subsection (1) or (1A), or who when required to state his or her name and address states a false name or address, is guilty of an offence and liable— (a) if the offence consists of failing to obey any lawful direction given by a police officer or a protective services officer or failing to produce for inspection his or her driver licence document or learner permit document, to a penalty of not more than 5 penalty units; (b) if the offence consists of failing to produce for inspection his or her log book or failing to state his or her name or address or stating a false name or address or failing to permit an entry in his or her log book to be copied or failing to permit an entry to be made in his or her log book or failing to permit his or her vehicle to be searched for another log book, to a penalty of not more than 5 penalty units or imprisonment for a term of not more than 1 month; (c) if the offence consists of failing to stop the motor vehicle or failing to allow it together with its load to be weighed, to a penalty, in the case of a first offence, of not more than 10 penalty units or, in the case of a subsequent offence, of not more than 20 penalty units or imprisonment for a term of not more than 4 months.


Driver

61 Duty of driver etc. of motor vehicle if accident occurs (1) If owing to the presence of a motor vehicle an accident occurs whereby any person is injured or any property (including any animal) is damaged or destroyed, the driver of the motor vehicle— (a) must immediately stop the motor vehicle; and (b) must immediately render such assistance as he or she can; and (c) must at the scene of the accident as soon as possible give his or her name and address and also the name and address of the owner of the motor vehicle and the identifying number of the motor vehicle— (i) to any person who has been injured or to the owner of any property which has been damaged or destroyed; or (ii) to a person representing the injured person or the owner of the property; and (d) must at the scene of the accident as soon as possible give those names and addresses to any police officer who is present; and (e) if any person is injured and no police officer is present at the scene of the accident, must as soon as possible report in person full particulars of the accident at the police station that is most accessible from the scene of the accident if that station is open and, if it is not open, at the next most accessible station; and (f) if any property is damaged or destroyed and neither the owner of the property nor any person representing the owner nor any police officer is present at the scene of the accident, must as soon as possible report in person full particulars of the accident at the police station that is most accessible from the scene of the accident if that station is open and, if it is not open, at the next most accessible station. (2) If a motor vehicle which has been left standing on a highway moves of its own accord from the position in which it was left and is involved in an accident whereby any person is injured or any property (including any animal) is damaged or destroyed, the person who left the motor vehicle so standing must as soon as possible after becoming aware of the accident comply as far as the circumstances permit with the requirements of subsection (1).


Drive 64 Dangerous driving (1) A person must not drive a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case.


Drive, driving

64A Driving a motor vehicle when directed to stop (1) A person must not drive a motor vehicle if— (a) he or she knows that he or she has been given a direction to stop; or (b) he or she ought reasonably to know that he or she has been given a direction to stop. (2) Subsection (1) does not apply to a person who is driving a motor vehicle who stops the motor vehicle as soon as practicable after being given a direction to stop. (5) In this section direction to stop means any action taken by a police officer, or a protective services officer on duty at a designated place, to indicate to a driver of a motor vehicle that he or she must stop the motor vehicle, including but not limited to the following— (a) the giving of hand signals or the display of signs by the police officer or protective services officer; (b) the— (i) flashing of headlights of; or (ii) use of red and blue flashing lights on; or (iii) sounding of an alarm, siren or other warning device from— a motor vehicle that is being driven by a police officer in the course of his or her duties as a police officer.


Drives 65 Careless driving (1) A person who drives a motor vehicle on a highway carelessly is guilty of an offence and liable for a first offence to a penalty of not more than 12 penalty units and for a subsequent offence to a penalty of not more than 25 penalty units.



Drives 65A Improper use of motor vehicle (1) A person must not drive a motor vehicle in a manner which causes the motor vehicle to undergo loss of traction by one or more of the motor vehicle's wheels. (2) In a proceeding for an offence against subsection (1) it is a defence to the charge for the accused to prove that he or she had not intentionally caused the alleged loss of traction.


Driver, drive, driving 65B Prohibition on drivers of heavy vehicles exceeding speed limit by 35km/h or more A driver of a heavy vehicle must not drive the heavy vehicle at a speed that exceeds the speed limit for the length of road where the driver is driving by 35 km per hour or more.


Driver

68B Deliberately or recklessly entering a level crossing when a train or tram is approaching etc. (1) A driver of a vehicle must not, deliberately or recklessly, enter a level crossing if— (a) warning lights (for example, twin red lights or rotating red lights) are operating or warning bells are ringing; or (b) a gate, boom or barrier at the crossing is closed or is opening or closing; or (c) a train or tram is on or entering the crossing; or (d) a train or tram approaching the crossing can be seen from the crossing, or is sounding a warning, and there would be a danger of a collision with the train or tram if the driver entered the crossing; or (e) the driver cannot drive through the crossing because the crossing, or a road beyond the crossing, is blocked.


Driving, person in charge of a motor vehicle

84BA Purpose of this Part (1) The purpose of this Part is to establish an "operator onus" system for certain offences involving motor vehicles or trailers. (2) The "operator onus" system applies to offences where the identity of the person driving, or in charge of, the motor vehicle or trailer is not established at the time the offence is committed. (3) The system is based on the principle that, in the circumstances referred to in subsection (2), the person who was the operator of the motor vehicle or trailer at the time of the offence should be held responsible for the motor vehicle or trailer and should be liable for the offence. (4) However, a person will not be held liable for an offence if the person, where permitted, establishes that, at the time of the offence, the person was not responsible for the motor vehicle or trailer and either— (a) provides information sufficient to identify and locate the person driving or in charge of the motor vehicle or trailer at the time of the offence; or (b) explains why the person cannot with reasonable diligence ascertain the identity of the person who was driving or in charge of the motor vehicle or trailer at the time of the offence. [Note: 86 Parking infringements to be operator onus offences]


Driver, person in charge of a motor vehicle

84BC Operator onus offences (1) If the Act or legislative instrument that creates an offence that may be committed by the driver or person in charge of a motor vehicle or trailer, or any other Act or legislative instrument, expressly states that the offence is an operator onus offence for the purposes of this Part, then (except as otherwise provided by this Part) the person who at the time of the offence is the responsible person in relation to the motor vehicle or trailer is guilty of the offence as if that person were the driver or person in charge (as the case requires) of the motor vehicle or trailer at that time. (2) Nothing in subsection (1) affects the liability of the person actually driving, or in charge of, as the case requires, the motor vehicle or trailer at the time of the offence. (3) The operator of a motor vehicle or trailer only ceases to be the responsible person in relation to the motor vehicle or trailer if another person is the responsible person in relation to that vehicle or trailer by force of section 84BE or 84BF. (4) A natural person who by force of this section is guilty of an offence is liable to the same penalties and subject to the same consequences to which the person would have been liable and subject had the person been the driver, or in charge, as the case requires, of the motor vehicle or trailer at the time of the offence. (5) A body corporate that is guilty of an offence by force of this section is liable to— (a) if the provision of the Act or legislative instrument creating the offence applies a higher penalty to a body corporate found guilty of the offence—that higher penalty; or (b) in any other case—the same penalty as that to which the person who was the driver, or in charge, as the case requires, of the motor vehicle or trailer at the time of the offence would be liable.


Driver

84G Seizure of motor vehicle (1) For the purposes of impoundment, immobilisation or forfeiture of a motor vehicle under this Part, a police officer may seize the motor vehicle— (a) from a public place; or (b) from a place that is not a public place with the consent of the owner or occupier of that place; or (ba) from a place that is not a public place without the consent of the owner or occupier of that place following a search of that place in accordance with section 84GA; or (c) from a place that is not a public place with a search and seizure warrant issued under Division 4. (3) In order to seize a motor vehicle a police officer may— (a) require the driver of the motor vehicle to stop the motor vehicle and cause it to remain stopped; (b) enter the motor vehicle, using reasonable force if necessary, for the purpose of moving the motor vehicle or immobilising the motor vehicle (whether by use of a steering wheel lock or otherwise); (c) direct the driver, or any person in possession of the ignition keys or other keys to the motor vehicle, to give the keys to a police officer or an authorised person; (d) if, after having taken reasonable steps to obtain the keys, the keys are not available, cause any locking device or other feature of the motor vehicle that is impeding the exercise of the power to seize the motor vehicle to be removed, dismantled or neutralised, and start the motor vehicle by other means. 84H Surrender of motor vehicle (1) If a police officer believes on reasonable grounds that a motor vehicle has been used in the commission of a relevant offence, he or she may serve a notice on the registered operator of the motor vehicle requiring the surrender of the motor vehicle. (3A) A registered operator served with a notice under subsection (1) must comply with the notice, unless the registered operator has a reasonable excuse. 84K Notice to driver and registered operator (1) As soon as is reasonably practicable after a motor vehicle is impounded or immobilised under this Division, a police officer must serve written notice of the impoundment or immobilisation on— (a) the driver of the motor vehicle; and (b) if the driver is not the registered operator, the registered operator of the motor vehicle. 84S Impoundment or immobilisation order (1) On the application of the Chief Commissioner of Police under section 84U(1), if a driver is found guilty of— (a) a tier 1 relevant offence; or (b) a tier 2 relevant offence and within the period of 6 years immediately preceding the commission of that offence the driver has committed one or more relevant offences (whether a tier 1 relevant offence or a tier 2 relevant offence)— the relevant court must order, subject to section 84Z, that the motor vehicle used in the commission of the relevant offence before the court or a substituted motor vehicle— (c) be impounded or immobilised for a period of 45 days or, on the application of the Chief Commissioner of Police, any longer period not exceeding 3 months in total (including any period of impoundment or immobilisation during the designated period); or (d) be forfeited to the Crown by order under section 84T(1). 84T Forfeiture order (1) On the application of the Chief Commissioner of Police under section 84U(1), if a driver is found guilty of— (a) a tier 1 relevant offence and within the period of 6 years immediately preceding the commission of that offence the driver has committed one or more tier 1 relevant offences or two or more tier 2 relevant offences; or (b) a tier 2 relevant offence and within the period of 6 years immediately preceding the commission of that offence the driver has committed two or more relevant offences (whether tier 1 relevant offences or tier 2 relevant offences or a combination of both)— the relevant court may order, subject to section 84Z, that the motor vehicle used in the commission of the relevant offence before the court or a substituted motor vehicle be forfeited to the Crown.


Driver

116 Production of identification by inspectors before vehicle inspections or searches (1) This section applies if— (a) an inspector wishes to inspect or search a vehicle under this Division; and (b) the driver, or another person apparently in charge of the vehicle, is present in, on or near the vehicle. (2) Before starting to inspect or search the vehicle, an inspector who is not a police officer—



(a) must identify himself or herself to the driver or person by producing his or her identity card for inspection by the driver or person; and (b) if the inspector is acting under an authorisation issued under section 112(1)(c) or 112(1)(d), must also produce the document given to him or her under section 112(3) for inspection by the driver or person. (3) In the case of an inspector who is a police officer, but who is not in uniform, before starting to inspect or search the vehicle he or she must identify himself or herself to the driver or person by producing his or her identification as a police officer. (4) In the case of an inspector who is a police officer and who is in uniform, before starting to inspect or search the vehicle he or she must, if requested to do so by the driver or person, state orally his or her name, rank and place of duty.

Driver

162 Rectification of minor risk breaches (2) The inspector may— (b) if the vehicle is in transit and the breach can be easily rectified on the spot, direct the driver of the vehicle to rectify the breach before continuing his or her journey; or (c) if the vehicle is in transit and the breach cannot easily be rectified on the spot, but having regard to all the relevant circumstances the inspector considers it appropriate to do so, authorise the driver of the vehicle to continue his or her journey subject to any conditions imposed by the inspector; or (d) in any other case, direct the driver of the vehicle to move the vehicle to a place specified by the inspector and to keep the vehicle at that place until the breach has been rectified.


Driver

163 Rectification of substantial or severe risk breaches (2) The inspector must— (b) if the vehicle is in transit and the breach can be easily rectified on the spot and it is safe for the vehicle to remain where it is while the breach is rectified, direct the driver of the vehicle to rectify the breach before continuing his or her journey; or (c) in any other case, direct the driver of the vehicle— (i) to move the vehicle, or to cause it to be moved, to a place specified by the inspector that is the nearest suitable place at which it will be possible to rectify the breach; and (ii) to keep the vehicle at that place until the breach has been rectified. (4) Despite subsection (2), if, in the opinion of the inspector, a vehicle is not safe where it is, but it is also not safe to allow it to immediately travel on a highway to a place where the breach can best be rectified, the inspector must direct the driver to move the vehicle, or to cause it to be moved, to the nearest suitable place at which any threat to public safety posed by the vehicle is minimised to the maximum extent that is practicable in the circumstances.


Driver 165 General provisions concerning directions and authorisations (2) If an inspector is authorised under this Division to give a direction to the driver of a vehicle, the inspector may also give the direction to the operator of the vehicle.


Driver

175 Liability of driver (1) A person is guilty of an offence if— (a) the person is the driver of a vehicle; and (b) the vehicle is in breach of a mass, dimension or load restraint limit or requirement.


Transport (Compliance and Miscellaneous) Act 1983 (VIC)

Driver

144 Conditions [for commercial passenger vehicle licence] (2) The licensing authority may in its discretion attach to any commercial passenger vehicle licence all or any of the following conditions, namely— (b) that not more than a specified number of passengers shall be carried at any one time on the vehicle; (da) that any late night surcharge or holiday surcharge payable by a passenger in a taxicab is to be retained by the driver of the taxicab; (3) In addition to the conditions implied by subsection (1), the following are implied conditions of every taxi-cab licence— (a) that wireless equipment capable of transmitting images or data obtained from the use of a surveillance camera installed in the taxi-cab must not be installed in the taxicab; and (b) that equipment capable of making an audio recording, other than an emergency warning device, must not be installed in the taxi-cab.


Drive

165 Offence to drive certain vehicles without accreditation (1) A person must not drive— (a) a commercial passenger vehicle; or (b) a bus used to provide a commercial bus service, a commercial minibus service or a local bus service— unless that person holds a driver accreditation.


Drive

169WA Operator must not permit non-accredited driver to drive commercial passenger vehicle etc. (1) In this section— relevant operator means a person who— (a) is an operator of a taxi-cab; or (b) holds a licence granted under Division 5 in respect of a commercial passenger vehicle (other than a taxicab). (2) A relevant operator must not permit a person who is not a holder of a driver accreditation (the second person) to drive— (a) a commercial passenger vehicle operated by the relevant operator; or (b) a vehicle being used by the relevant operator for the operation of a commercial bus service or a local bus service.


Driver

216 Inspection of motor vehicles (1) For the purpose of ascertaining whether the requirements imposed by or under this Act or any other Act relating to transport are being observed any officer of the Roads Corporation or any person authorized in that behalf by that Corporation or the licensing authority in writing (whether generally or in any particular case) or any police officer may request the driver of any motor vehicle— (a) to produce for inspection any licence, permit or document which is required to be carried in, or by the driver of, the motor vehicle; (b) to state his or her name and address; (c) to permit an inspection and examination to be made of the motor vehicle and any trailer attached thereto and of any load carried thereon and of any equipment required to be fitted thereto or carried thereon by or under any Act; (d) to keep the motor vehicle stationary for a sufficient period of time to enable any such inspection or examination to be made; (e) to move the motor vehicle and any trailer attached thereto to the nearest convenient place where the motor vehicle, trailer, load and equipment can be inspected and examined with safety; (f) to present the motor vehicle and trailer at some other reasonable time and place for inspection and examination by an officer of the Roads Corporation or a person authorised under this subsection and for the weighing thereof. (2) If the driver of any motor vehicle fails to stop the motor vehicle when any officer or person referred to in subsection (1) calls to or signals him or her so to do or fails to produce any such document or refuses to state his or her name and address or states a false name or address or refuses or fails to comply with any request made by any such officer of person pursuant to subsection (1), the driver shall be guilty of an offence against this Act. (6) In conducting an inspection under this section, the person carrying out the inspection may— (a) carry out any tests that he or she considers to be appropriate; and (b) copy all or any part of a document, or the contents of a document, that he or she is authorised to inspect; and (c) extract or copy any data held in any equipment or device required to be fitted to, or carried on, any vehicle being inspected; and (d) extract or copy any information that is held in any engine management system or related system of the vehicle. (7) A reference to a driver in this section includes a reference to a person— (a) who is in charge of a motor vehicle within the meaning of section 3AA of the Road Safety Act 1986; (b) who is a driver within the meaning of section 3AB of the Road Safety Act 1986.


Driven

221Y Operators of over dimensional vehicles crossing tracks without permission also guilty of offence (1) If a vehicle is driven or attempted to be driven or conveyed— (a) across a railway track in contravention of section 221X(1); or (b) across a tramway track in contravention of section 221X(2); or (c) not in accordance with a condition imposed by the Public Transport Development Authority on a permission under section 221X(1) or (2)— the operator of the vehicle is guilty of an offence ...



Drive

221X Overdimensional vehicles crossing tracks (1) A person must not, without the written permission of the Public Transport Development Authority, drive or attempt to drive or convey across a railway track— (a) a vehicle with a mass limit that exceeds a mass limit for that vehicle under the Road Safety (Vehicles) Regulations 2009; or (b) a vehicle which, either by itself or in combination with any load carried by it, exceeds— (i) the maximum allowable length; or (ii) the maximum allowable height (when measured from the highest surface of the track to be crossed); or (iii) the maximum allowable width— specified by notice under section 221ZA; or (c) a vehicle which may obstruct, displace or interfere with— (i) the track to be crossed; or (ii) any overhead power line of a rolling stock operator in the vicinity of the track. (2) A person must not, without the written permission of the Public Transport Development Authority, drive or attempt to drive or convey across a tramway track— (a) a vehicle with a mass limit that exceeds a mass limit for that vehicle under the Road Safety (Vehicles) Regulations 2009; or (b) a vehicle which, either by itself or in combination with any load carried by it, exceeds— (i) the maximum allowable length; or (ii) the maximum allowable height (when measured from the highest surface of the track to be crossed); or (iii) the maximum allowable width— specified by notice under section 221ZA; or (c) a vehicle which may obstruct, displace or interfere with the track to be crossed or with any overhead power line or support wires of a rolling stock operator in the vicinity of the track.


Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015 (VIC)

Drive, park

13 Driving, riding or parking a vehicle on public transport premises (1) A person must not drive, ride or park a vehicle on any part of public transport premises that is not designated for the use of vehicles of that type. (2) A person who drives, rides or parks a vehicle on public transport premises must obey all parking control signs that apply to the premises. (3) A person who drives or rides a vehicle or wheeled recreational device on public transport premises must obey all traffic control devices that apply to the premises. (4) A person must not drive or ride a vehicle or a wheeled recreational device on public transport premises in a manner likely to cause injury to or to endanger any person or to damage property. (5) A person must not park a vehicle on public transport premises in a manner likely to cause an obstruction. (6) A person must comply with any direction (whether given orally, in writing or otherwise) about driving, riding, stopping, removing or parking of vehicles or wheeled recreational devices given to the person by an authorised person (conduct) while the person is driving or riding a vehicle or riding a wheeled recreational device on public transport premises. 23 Driving or riding across railway or designated tramway tracks (1) A person must not drive or ride or attempt to drive or ride a vehicle or wheeled recreational device across railway tracks or designated tramway tracks at a place other than a level crossing. (2) A person must not drive or ride or attempt to drive or ride a vehicle or wheeled recreational device across railway tracks or designated tramway tracks at a level crossing if— (a) warning signals or devices are operating at the crossing; or (b) gates at the crossing are closed or locked; or (c) a train or tram can be seen or heard approaching and there is a danger of a collision with the train or tram if the driver or rider enters the crossing; or (d) the crossing or the road beyond the crossing is blocked; or (e) a train or tram is on or entering the crossing; or (f) the person is directed not to do so by an authorised person (conduct). 24 Stopping or standing on crossings between boom gates (1) A person who drives or rides a vehicle or wheeled recreational device across railway tracks or designated tramway tracks must not stop the vehicle or wheeled recreational device on a level crossing between boom gates.


Transport (Buses, Taxi-Cabs and Other Commercial Passenger Vehicles) Regulations 2005 (VIC)

Drive, be in control of

3 Definitions (1) In these Regulations— drive means— (a) to be in control of a commercial passenger vehicle; or (b) in relation to a bus used to provide a commercial bus service, a commercial minibus service or a local bus service, to be in control of that bus;


Driver Part 2—Driver Accreditation, Photo Cards, Licences And Records


Driver

18 Air conditioner (2) The driver of a taxi-cab must not operate the taxicab if— (a) an air conditioner is not fitted to the taxi-cab; or (b) the air conditioner fitted to the taxi-cab is not working properly.


Driver

19 Inspection of taxi-cabs (1) A police officer, the licensing authority or a person authorised by the licensing authority may require the operator or the driver of a taxi-cab to produce the taxi-cab for inspection by— (a) a police officer; or (b) a licensed taxi tester; or (c) a licensed vehicle tester; or (d) a person authorised by the licensing authority to inspect taxi-cabs— at or within a time specified by the officer, licensing authority or person. (2) In the case of a requirement made on a driver of a taxi-cab who is not the operator of the taxi-cab, the driver must advise the operator as soon as practicable after the requirement is made— (a) that the requirement has been made and what it is; and (b) if the driver has not been, or is not, reasonably able to comply with the requirement while he or she has control of the taxi-cab, of that fact.


Driver

25 Sign on taxi-cab (1) The operator of a taxi-cab must not operate the taxi-cab or permit the taxi-cab to be operated unless the taxi-cab is fitted with a sign capable of being lit— (a) that displays the word "TAXI"; and (b) that indicates whether or not the taxi-cab is available for hire; and (c) that is capable of being operated by the driver of the taxi-cab seated in the normal driving position. (2) The driver of a taxi-cab must ensure that the sign referred to in subregulation (1) is turned off while— (a) the taxi-cab is hired; or (b) the taxi-cab is on a highway at a time when, by a condition of its licence, it is not permitted to be operated; or (c) the taxi-cab is on a highway in an area in which, by a condition of its licence or by these Regulations, a hiring must not commence; or (d) the taxi-cab is being driven to a place to pick up a passenger for a pre-booked hiring; or (e) the taxi-cab is otherwise not available for hire.



Driver 26 Tariff lamps (4) The driver of a taxi-cab referred to in subregulation (1) must not operate the taxi-cab unless the indicator lamp is in good working order. (5) The driver of a taxi-cab referred to in subregulation (2) must not operate the taxi-cab unless both of the indicator lamps are in good working order.


Driver

Division 2—Driver responsibilities 29 Passenger routes (3) If the hirer of a taxi-cab does not nominate the route which he or she wishes to be taken, the driver of the taxi-cab must take the most direct practicable route from the place where the taxicab was hired to the intended destination of the hirer of the taxi-cab. (4) If the hirer of a taxi-cab nominates a route to the place where the hirer wants to be taken, the driver of the taxi-cab must take that route.


Driver

33 Animals (1) The driver of a taxi-cab must not bring or allow to be brought into the passenger area of the taxi-cab an animal unless the animal is an assistance animal or— (a) the animal is accompanied by a hirer of the taxi-cab; and (b) the hirer tells the driver of the taxi-cab that— (i) the hirer's intended destination is the place of business of a veterinary practitioner; and (ii) the animal requires emergency medical treatment. (2) The driver of a taxi-cab must accept an assistance animal for carriage in the taxi-cab with a hirer.



Driver

34 Passenger amenities (1) The driver of a taxi-cab must comply with a request by a passenger— (a) to turn the air conditioning or heating in the taxi-cab on or off; or (b) to change the level at which the air conditioning or heating is operating— unless complying with the request would cause unreasonable discomfort to the driver. (2) The driver of a taxi-cab must comply with a reasonable request by a passenger to— (a) turn the music system or radio in the taxi-cab off; or (b) operate the music system or radio at a lower level.


Driver, vehicle

35 Picking up and setting down passengers (1) The driver of a taxi-cab, if picking up or setting down passengers on a highway, must stop the taxi-cab for that purpose as close as is practicable and permitted by law to where the passengers wish to be picked up or set down. (2) The driver of a taxi-cab who is at or near a place where there is a large number of other motor vehicles must not— (a) interfere with the orderly taking up or setting down of passengers; or (b) interfere with the orderly distribution of taxicabs or other vehicles.


Driver 37 Passenger assistance (1) The driver of a taxi-cab must give reasonable help to passengers to get them and their luggage or other items into and out of the taxi-cab. (2) The driver of a taxi-cab must take reasonable care of luggage or other items while they are being put into, or carried in, or taken out of, the taxi-cab.


Driver 38 Taxi zones (3) The driver of a taxi-cab who is using or attempting to use a taxi zone or another area set aside for the storage or holding of taxi-cabs must do so in the order in which the driver arrived at the zone or storage or holding area in relation to other taxi-cabs using or attempting to use the zone or the storage or holding area.


Driver 39 Fares and additional charges (1) The driver of a taxi-cab must not make a charge for the hiring of a taxi-cab for that part of a journey which is delayed to allow the taxi-cab to be refuelled or repaired.


Driver

40 Multiple hirings The driver of a taxi-cab which has already been hired must not allow any person other than the hirer of the taxi-cab and any person accompanying the hirer to hire or to be in the taxi-cab unless— (a) the hirer consents to another person also hiring the taxi-cab; and (b) the destination of the first hirer and the second or subsequent hirers are in the same general direction.


Driver

41 Capacity to pay (1) Before a hiring (other than a prepayment hiring) starts or at any time during the hiring, the driver of a taxi-cab may give the hirer an estimate of the fare for the hiring. (2) Before a prepayment hiring starts, the driver of a taxi-cab must give the hirer an estimate of the fare for the hiring. (3) If the driver of a taxi-cab has given the hirer of the taxi-cab an estimate of the fare in accordance with subregulation (1) or (2), the driver may, before the hiring starts or at any time during the hiring, ask the hirer to demonstrate that the hirer is able to pay the amount of the estimate. (4) If the driver of a taxi-cab has given a hirer an estimate of the fare in accordance with subregulation (1), the driver may, before the hiring starts or at any time during the hiring, require the hirer to pay a deposit of up to the amount of the estimate. (5) If the driver of a taxi-cab has given a hirer an estimate of the fare in accordance with subregulation (2), the hirer must, before the hiring starts, pay to the driver a deposit equal to the amount of the estimate unless the driver waives payment of the deposit under subregulation (6). (6) The driver of a taxi-cab may waive payment of a deposit under subregulation (5) if the driver is reasonably satisfied that the hirer is able to pay the amount of the estimate of the fare. (7) The driver of a taxi-cab may refuse to carry, or to continue to carry, (as the case requires) a hirer and any person accompanying the hirer if the hirer— (a) does not demonstrate to the driver's reasonable satisfaction that the hirer is able to pay the amount of the estimate of the fare for the hiring; or (b) does not pay a deposit required under subregulation (4) or (5). (8) The driver of a taxi-cab must give the hirer a receipt for the deposit if asked to do so by a hirer who has paid a deposit required under subregulation (4) or (5). (9) If a hirer has paid a deposit in accordance with subregulation (4) or (5), on the termination of hiring the driver of the taxi-cab must— (a) if the amount of deposit is less than the fare and additional charges for the hiring, deduct that amount from the amount to be paid by the hirer; or (b) if the amount of the deposit exceeds the fare and additional charges for the hiring, repay to the hirer the amount in excess of the fare and additional charges. (10) In this regulation— deposit means an amount paid as security against the payment in full of the fare and any additional charges for a hiring in accordance with regulation 43; prepayment hiring means a hiring starting between the hours of 10.00 p.m. and 5.00 a.m.


Driver

43 Payment of fares and additional charges (1) The driver of a taxi-cab, if asked by the hirer of the taxi-cab, must, on the termination of the hiring, tell the hirer how the fare and any additional charges were calculated and the amount of the fare and any such additional charges. (2) If the hirer of a taxi-cab offers or elects to pay the fare and any additional charges for a hiring of the taxi-cab by a valid credit or debit card of a type displayed by notice in the taxi-cab as accepted for payment, the driver of the taxi-cab must accept payment by that method. (3) The driver of a taxi-cab must use electronic payment facilities to process a payment referred to in subregulation (2) if those facilities are installed in the taxi-cab and are not disabled by any failure or malfunction, and if the card tendered is suitable for that use. (4) Despite subregulation (3), the driver of a taxi-cab may use non-electronic payment facilities to process a payment referred to in subregulation (2) if— (a) the driver advises the hirer of the hirer's right to have the payment processed by the electronic payment facilities; and (b) the hirer expressly agrees to the payment being processed by the non-electronic payment facilities. (5) The hirer of a taxi-cab must pay in full the fare and any additional charges for the hiring at the termination of the hiring unless the operator or the driver of the taxi-cab agrees that payment may be made at a later time. (6) Upon payment by the hirer of the fare and any additional charges, the driver of the taxi-cab



must— (a) offer to give the hirer a receipt for the payment of the fare and any additional charges; and (b) unless the hirer declines the offer, give the hirer the receipt produced in accordance with subregulation (6A). (6A) For the purposes of subregulation (6)(b), the driver of a taxi-cab must use electronic facilities to produce the receipt if those facilities are installed, or otherwise capable of being used, in the taxi-cab and are not disabled by any failure or malfunction. (7) The driver of a taxi-cab must ensure that the receipt is legible and contains the following— (a) unless the receipt has been produced using electronic facilities, the driver's signature; (b) the number of the taxi-cab; (c) the number of the driver's certificate of the driver; (ca) the driver's Australian Business Number (ABN) (if any); (d) all the items which make up the fare and any additional rates and charges; (e) the total amount paid; (f) the date of the payment.

Driver, service operator, vehicle

44 Taximeters (1) The operator of a taxi-cab must not operate the taxi-cab or permit the taxi-cab to be operated unless a taximeter, of a type approved by the licensing authority, is fitted to the taxi-cab and the taximeter complies with subregulation (3). (2) The driver of a taxi-cab must not operate the taxicab unless the taximeter fitted to the taxi-cab complies with all of the requirements set out in subregulation (3).


EastLink Project Act 2004 (VIC)

Driver

197 Liability to pay toll charged (1) Subject to this Part, a person who is the driver of a vehicle used in a toll zone is liable to pay to the Freeway Corporation— (a) the toll charged by the Freeway Corporation for that use; and (b) the relevant toll administration fees charged by the Freeway Corporation. (2) Subject to section 199, the person who was the operator of a vehicle at the time it was driven in a toll zone is liable for the payment of the toll and toll administration fees as if that person were the driver of the vehicle at the time the vehicle was driven in the toll zone.


Drive 204 Offence to drive unregistered vehicle in toll zone (1) A person must not drive a vehicle in a toll zone unless the vehicle is registered under this Part in respect of that toll zone by the Freeway Corporation.


Drive 206A Offence to fraudulently induce registration (2) A person who seeks the right to drive a vehicle on a tollway must not make a false representation to the Freeway Corporation in seeking to do so.


Melbourne City Link Act 1995 (VIC)

Driver

72 Liability to pay toll and toll administration fees (1) Subject to this Part, a person who is the driver of a vehicle used in a toll zone is liable to pay to the relevant corporation— (a) the toll charged by the relevant corporation for that use; and (b) the relevant toll administration fee charged by the relevant corporation. (2) Subject to subsection (3), the operator of a vehicle used in a toll zone is deemed to be the driver of that vehicle for the purposes of subsection (1).


Drive 73 Offence to drive unregistered vehicle in toll zone (1) A person must not drive a vehicle in a toll zone unless the vehicle is registered under this Part in respect of that toll zone by the relevant corporation at that time.


Drive 75 Offence to fraudulently induce registration (2) A person who seeks the right to drive a vehicle on a tollway must not make a false representation to a relevant corporation in seeking to do so.


Crimes Act 1958 (VIC)

Driving, drives

318 Culpable driving causing death (1) Any person who by the culpable driving of a motor vehicle causes the death of another person shall be guilty of an indictable offence and shall be liable to level 3 imprisonment (20 years maximum) or a level 3 fine or both. (1A) The baseline sentence for an offence under subsection (1) is 9 years. 2) For the purposes of subsection (1) a person drives a motor vehicle culpably if he drives the motor vehicle— (a) recklessly, that is to say, if he consciously and unjustifiably disregards a substantial risk that the death of another person or the infliction of grievous bodily harm upon another person may result from his driving; or (b) negligently, that is to say, if he fails unjustifiably and to a gross degree to observe the standard of care which a reasonable man would have observed in all the circumstances of the case; or (c) whilst under the influence of alcohol to such an extent as to be incapable of having proper control of the motor vehicle; or (d) whilst under the influence of a drug to such an extent as to be incapable of having proper control of the motor vehicle. 319 Dangerous driving causing death or serious injury (1) A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case, causes the death of another person is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum). (1A) A person who, by driving a motor vehicle at a speed or in a manner that is dangerous to the public having regard to all the circumstances of the case, causes serious injury to another person is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum). (2) In this section serious injury has the meaning given by section 15. 319AA Dangerous or negligent driving while pursued by police (1) A person must not drive a motor vehicle dangerously or negligently if he or she knows, or ought reasonably to know, that— (a) he or she has been given a direction to stop the vehicle by a police officer; and (b) a police officer is pursuing the vehicle.


South Australia

Road Traffic Act 1961 (SA)

Drive, driver, control

5 Interpretation drive a vehicle includes be in control of the steering, movement or propulsion of the vehicle; driver of a vehicle (other than a motor bike, bicycle, animal or animal-drawn vehicle) means the person driving the vehicle but does not include a person pushing a motorised wheelchair;


Driver

Division 3—Road closing provisions 33 Road closing and exemptions for certain events (7) In addition to any other power to regulate traffic conferred by this or any other Act, a police officer may give such reasonable directions to— (a) the driver of a vehicle on a road; or (b) the owner or person apparently in charge of or with care or custody of a vehicle on a road; or (c) a person who appears to have left a vehicle standing on a road (whether the vehicle is attended by another person or not); or (d) a pedestrian on a road,



as are, in the police officer's opinion, necessary for the safe and efficient conduct of an event to which this section applies. (8) Such directions may include directions for clearing vehicles or persons from a road or part of a road or temporarily closing a road or part of a road and may be given on the day of an event in preparation for, during or immediately after the conclusion of, the event. (9) A person to whom a direction of a police officer is given pursuant to this section must forthwith comply with it. 34 Road closing for emergency use by aircraft (2) For the purpose of closing a road and enabling its use by an aircraft under this section, a prescribed police officer (or a police officer acting under his or her direction) may— (a) install or display traffic control devices on or near a road; or (b) give such reasonable directions to— (i) the driver of a vehicle on a road; or (ii) the owner or person apparently in charge of or with care or custody of a vehicle on a road; or (iii) a person who appears to have left a vehicle standing on a road (whether or not the vehicle is attended by another person); or (iv) a pedestrian; or (v) the pilot of the aircraft, as are, in the opinion of the police officer giving the directions, necessary for the safe use of the road by the aircraft or the safety of other road users. (4) A person to whom a direction of a police officer is given under this section must forthwith comply with it.

Drive, driver’s licence, fit to drive, person’s ability to drive a

vehicle, driver

Division 5—General enforcement powers for Australian road laws 40C Meaning of qualified, fit or authorised to drive or start or stop engine For the purposes of this Division— (a) a person is qualified to drive a vehicle, or to start or stop its engine, if the person— (i) holds a driver's licence of the appropriate class to drive the vehicle and the licence is not suspended; and (ii) is not prevented under a law, including, for example, by the conditions of the driver's licence, from driving the vehicle at the relevant time; (b) a person is fit to drive a vehicle, or to start or stop its engine, if the person— (i) is apparently physically and mentally fit to drive the vehicle, or start or stop its engine; and (ii) is not apparently affected by either or both of the following: (A) alcohol; (B) a drug that affects a person's ability to drive a vehicle; and (iii) the person has not at the time been found to have, and there are not any reasonable grounds to suspect that the person has, a concentration of alcohol in the person's blood exceeding the amount permitted under a road law; and (iv) the person has not at the time been found to have, and there are not any reasonable grounds to suspect that the person has, a prescribed drug in his or her oral fluid or blood; (c) a person is authorised to drive a vehicle, or to start or stop its engine, if the person is its operator or has the authority of the operator to drive it or to start or stop its engine (regardless of whether or not the person is qualified to drive the vehicle, or to start or stop its engine). 40D Meaning of unattended vehicle and driver of disconnected trailer (1) For the purposes of this Division, a vehicle is unattended if— (a) the authorised officer concerned is present at the scene and there is, after inspection and enquiry by the officer that is reasonable in the circumstances, apparently no person in, on or near the vehicle who appears to be a driver of the vehicle; or (b) the authorised officer concerned is not present at the scene but is able to inspect the scene by means of camera or other remote surveillance system and there is, after inspection by the officer that is reasonable in the circumstances, apparently no person in, on or near the vehicle who appears to be a driver of the vehicle; or (c) there is a person in, on or near the vehicle who appears to be its driver but the person is— (i) unwilling, or not qualified or fit, to drive the vehicle; or (ii) not authorised by the operator of the vehicle to drive it; or (iii) subject to a direction under section 40K in relation to the vehicle. Subdivision 2—Directions to stop, move or leave vehicles 40G Application of Subdivision (2) This Subdivision applies to the driver of a vehicle who is apparently in, on or in the vicinity of the vehicle. 40H Direction to stop vehicle to enable exercise of other powers (1) An authorised officer may, for the purpose of or in connection with exercising other powers under a road law, direct— (a) the driver of a vehicle to stop the vehicle; or (b) the driver of a vehicle or any other person not to do one or more of the following: (i) move the vehicle; (ii) interfere with it or any equipment in or on it; (iii) interfere with its load. 40I Direction to move vehicle to enable exercise of other powers (1) An authorised officer may, for the purpose of or in connection with the exercise of other powers under a road law, direct the driver or operator of a vehicle to move it or cause it to be moved to the nearest suitable location that is within the prescribed distance and specified by the officer. (2) A person commits an offence if— (a) the person is subject to a direction under subsection (1); and (b) the person engages in conduct that results in a contravention of the direction. 40J Direction to move vehicle if danger or obstruction (2) The officer may direct the driver or operator of the vehicle to do either or both of the following: (a) to move it, or cause it to be moved, to the extent necessary to avoid the harm or obstruction; (b) to do anything else reasonably required by the officer, or to cause anything else reasonably required by the officer to be done, to avoid the harm or obstruction. (3) A person commits an offence if— (a) the person is subject to a direction under subsection (2); and (b) the person engages in conduct that results in a contravention of the direction. 40L Manner of giving directions under Subdivision 2 (1) A direction under this Subdivision may be given to a driver orally or by means of a sign or signal (electronic or otherwise), or in any other manner. (2) A direction under this Subdivision may be given to an operator orally or by telephone, facsimile, electronic mail or radio, or in any other manner. 40V Direction to give name and other personal details (2) If an authorised officer suspects on reasonable grounds that a natural person whose personal details are unknown to the officer— (a) is or may be a responsible person; or



(b) has committed or is committing or is about to commit an Australian road law offence; or (c) may be able to assist in the investigation of an Australian road law offence or a suspected Australian road law offence; or (d) is or may be the driver or other person in charge of a vehicle that has been or may have been involved in an accident, the officer may direct the person to give the officer then and there any or all of the person's personal details. (4) A person commits an offence if— (a) the person is subject to a direction under subsection (2) or (3); and (b) the person— (i) engages in conduct that results in a contravention of the direction; or (ii) gives any detail that is false or misleading in a material particular in purported response to the direction; or (iii) produces any evidence that is false or misleading in a material particular in purported response to the direction.

Driver, his, operates, drives

43 Duty to stop, give assistance and present to police where person killed or injured (1) The driver of a vehicle involved in an accident in which a person is killed or injured must— (a) immediately after the accident— (i) stop the vehicle; and (ii) give all possible assistance; and (b) not more than 90 minutes after the accident, present himself or herself to a police officer at the scene of the accident or at a police station for the purpose of providing particulars of the accident and submitting to any requirement to undergo a test relating to the presence of alcohol or a drug in his or her blood or oral fluid. 44B Misuse of motor vehicle (1) For the purposes of this section, a person misuses a motor vehicle if the person— (a) operates a motor vehicle so as to produce sustained wheel spin; or (b) drives a motor vehicle so as to cause engine or tyre noise, or both, that is likely to disturb persons residing or working in the vicinity; or (c) drives a motor vehicle onto an area of park or garden or other road related area so as to break up the ground surface or cause other damage. (1) For the purposes of this section, a person misuses a motor vehicle if the person— (a) operates a motor vehicle so as to produce sustained wheel spin; or (b) drives a motor vehicle so as to cause engine or tyre noise, or both, that is likely to disturb persons residing or working in the vicinity; or (c) drives a motor vehicle onto an area of park or garden or other road related area so as to break up the ground surface or cause other damage. (3) A person who misuses a motor vehicle is guilty of an offence. 45 Careless driving (1) A person must not drive a vehicle without due care or attention or without reasonable consideration for other persons using the road. (2) If a court convicts a person of an offence against this section that is an aggravated offence, the following provisions apply:

(a) the maximum penalty for the offence is 12 months imprisonment… (3) For the purposes of this section, an aggravated offence is— (a) an offence that caused the death of, or serious harm to, a person; or (b) an offence committed in any of the following circumstances: (i) the offender committed the offence in the course of attempting to escape pursuit by a police officer; (ii) the offender was, at the time of the offence, driving a vehicle knowing that he or she was disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that his or her licence was suspended by notice given under this Act; (iii) the offender committed the offence while there was present in his or her blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood; (iv) the offender was, at the time of the offence, driving a vehicle in contravention of section 45A or 47. 45A Excessive speed (1) A person who drives a vehicle at a speed exceeding, by 45 kilometres an hour or more, a speed limit that applies under this Act or the Motor Vehicles Act 1959 is guilty of an offence. 46 Reckless and dangerous driving (1) A person must not drive a vehicle recklessly or at a speed or in a manner which is dangerous to any person.

Interaction with other road users Safety and road rules compliance

Driver

79B Provisions applying where certain offences are detected by photographic detection devices (2) If a vehicle appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of a prescribed offence, the owner of the vehicle is guilty of an offence against this section unless it is proved— (a) that although the vehicle appears to have been involved in the commission of a prescribed offence, no such offence was in fact committed; or (b) that the owner, or, if the owner is a body corporate, an officer of the body corporate acting with the authority of the body corporate, has furnished to the Commissioner of Police a statutory declaration stating the name and address of some person other than the owner who was driving the vehicle at the time; or (c) that— (i) if the owner is a body corporate—the vehicle was not being driven at the time by any officer or employee of the body corporate acting in the ordinary course of his or her duties as such; and (ii) the owner does not know and could not by the exercise of reasonable diligence have ascertained the identity of the person who was driving the vehicle at the time; and (iii) the owner, or, if the owner is a body corporate, an officer of the body corporate acting with the authority of the body corporate, has furnished to the Commissioner of Police a statutory declaration stating the reasons why the identity of the driver is not known to the owner and the inquiries (if any) made by the owner to identify the driver.


Drive, driving, driver

82 Speed limit while passing school bus (1) A person must not drive a vehicle at a greater speed than 25 kilometres per hour while passing a school bus that has stopped on a road apparently for the purpose of permitting children to board or alight. 83 Speed in emergency service speed zone (1) A person must not, while driving through an emergency service speed zone, drive at a speed greater than— (a) 25 kilometres per hour; or (b) if a lesser speed is required in the circumstances to avoid endangering any person—that lesser speed. 85 Control of parking near Parliament House (2) A person (whether holding any other licence, permit or other authority or not) must not leave a vehicle stationary in a prohibited area proclaimed under this section without the permission of the chairperson of the Joint Parliamentary Services Committee. 91 Duty to comply with direction of authorised person (1) An authorised person may give to any other person reasonable directions relating to the movement or positioning of vehicles or persons on, or in the vicinity of, a ferry. (2) An authorised person may request the driver of a vehicle that has entered, or is about to enter, a ferry to inform the authorised person of the total mass of the vehicle, any attached vehicle and the loads (if any) on the vehicle or attached vehicle, or to supply the authorised person with information from which that total mass might be estimated. (3) A person who fails forthwith to comply with a direction or request under this section, or gives false information, is guilty of an offence. 107 Damage to road infrastructure (1) A person must not— (a) drive or haul over a road any implement constructed in such a manner as to injure or damage any portion of the road; (b) draw or drag over a road any sledge, timber, tree or other heavy material in contact with the surface of the road; (c) except in crossing a road, drive on, or within two metres of any part of, the metalled, gravelled or other prepared surface of a road a vehicle having an articulated track instead of road wheels, unless the grips on the track are covered with road plates having an even bearing surface across the full width of the track when in contact with the road surface.



(2) A person must not remove or interfere with road infrastructure or damage it in any way other than through reasonable use. (3) A person who damages road infrastructure other than through reasonable use must immediately report full particulars of the damage to a police officer or road authority. 108 Depositing material on roads (1) A person must not— (a) without the permission of the Commissioner of Highways in writing, stack or deposit any wood, sand, stone or other material on a road, or part of a road, which is being maintained by the Commissioner; or (b) deposit on a road any article or material likely to damage the surface of the road or to cause damage to vehicles or injury to persons. (2) If any article or material falls from a vehicle onto a road, the driver of the vehicle will be taken to have deposited the article or material on the road, unless it is proved that the driver had taken reasonable precautions to prevent the article or material from falling from the vehicle. (3) In this section— material includes substances of all kinds whether solid or liquid. 110 Driving on sealed surface A person driving a vehicle on a road which has portion of its surface sealed with bitumen, cement or other sealing substance must, whenever it is reasonably practicable to do so, keep the whole of the vehicle on the sealed portion of the surface.

Drive 110C Offences (3) A person must not, except as permitted by the regulations, drive a motor vehicle or trailer that does not bear a vehicle identification plate for that motor vehicle or trailer.


Driver, drive

117 Liability of driver (1) A person commits an offence if— (a) there is a breach of a light vehicle standards or maintenance requirement; and (b) the person is the driver of the light vehicle concerned. (2) It is a defence to a charge for an offence against this section if the person charged establishes that the person— (a) did not cause or contribute to the condition of the vehicle and had no responsibility for or control over the maintenance of the vehicle at any relevant time; and (b) did not know and could not reasonably be expected to have known of the condition of the vehicle; and (c) could not reasonably be expected to have sought to ascertain whether there were or were likely to be deficiencies in the vehicle. 123 Liability of driver A person commits an offence if—

(a) there is a breach of a light vehicle mass, dimension or load restraint requirement; and (b) the person is the driver of the light vehicle concerned.

145 Defect notices (1a) An authorised officer may direct the driver of a vehicle to stop the vehicle and may examine the vehicle if the vehicle has deficiencies or the officer suspects on reasonable grounds that the vehicle has deficiencies. (1b) Despite subsection (1a), an authorised officer may direct the driver of a vehicle of a prescribed class to stop the vehicle and may examine the vehicle for the purposes of determining whether the vehicle has deficiencies (whether or not there is reason to suspect that the vehicle has deficiencies). (2) If an authorised officer suspects on reasonable grounds that a vehicle has deficiencies, the officer may direct the owner, the operator or the person in charge of the vehicle to produce it for examination at a specified time and place. (2a) An authorised officer may, at any time when any premises where vehicles are exhibited or kept for sale or hire are open for business, for the purposes of determining whether a vehicle exhibited or kept for sale or hire on those premises has deficiencies, examine the vehicle or direct the owner, the operator or the person in charge of the vehicle to produce it for examination at a time and place stated by the authorised officer. (3) A person must comply with a direction given under this section. (4a) If, on examination of a vehicle, an authorised officer is of the opinion that the vehicle has deficiencies but that further use of the vehicle on roads would not give rise to a safety risk, the officer may issue a formal written warning to the driver of the vehicle or, if the vehicle is unattended, cause a formal written warning to be affixed to the vehicle. (4b) A driver of a vehicle who is given a formal written warning must cause the warning to be sent to the registered operator of the vehicle. (5b) A driver of a vehicle who is given a defect notice must cause the defect notice to be sent to the registered operator of the vehicle. (6) A person must not drive a vehicle, or cause or permit a vehicle to be driven or to stand, on a road, or sell or otherwise dispose of a vehicle, contrary to the terms of a defect notice. 146 Directions and authorisations (1) If an authorised officer believes on reasonable grounds that a light vehicle is the subject of 1 or more breaches of light vehicle mass, dimension or load restraint requirements, the officer may— (a) if the officer does not give a direction under paragraph (b)—authorise the driver of the vehicle to continue its journey under this section; or (b) if the officer believes on reasonable grounds that particular circumstances exist for the purposes of this section warranting the giving of a direction under this paragraph—direct the driver or operator of the vehicle— (i) to rectify specified breaches of light vehicle mass, dimension or load restraint requirements then and there; or (ii) if the officer also believes on reasonable grounds that the vehicle should be moved to another location—to move it or cause it to be moved to a specified suitable location that is within the prescribed distance, and not to proceed from there until specified breaches of light vehicle mass, dimension or load restraint requirements are rectified. (3) A person commits an offence if— (a) the person is subject to a direction under subsection (1); and (b) the person engages in conduct that results in a contravention of the direction. 161A Driving of certain light vehicles subject to Ministerial approval (1) A person must not drive a light vehicle to which this section applies on or over a road without the approval of the Minister. (2) An approval under subsection (1) is subject to such conditions (if any) as the Minister thinks fit and specifies in the instrument or notice of approval. (3) This section applies to— (a) air cushioned vehicles; and (b) any other vehicle of a class declared by regulation to be a class of vehicles to which this section applies.

Safety and road rules compliance Vehicle compliance requirements


Road Traffic (Light Vehicle Standards) Rules 2014 (SA)

Driver, normal driving position 29—Ability to travel backwards and forwards A motor vehicle with an unloaded mass over 450 kilograms must be able to be driven both backwards and forwards when the driver is in the normal driving position.


Driver, driver’s view, drive

32—Driver's view and vehicle controls A motor vehicle must be built— (a) to allow the driver a view of the road and of traffic to the front and sides of the vehicle so the driver can drive the vehicle safely; and (b) with its controls located so the driver can drive the vehicle safely.


Driver, see 36—Rear vision mirrors (1) A rear vision mirror or mirrors must be fitted to a motor vehicle as required by this rule so that a driver of the vehicle can clearly see by reflection the road behind the vehicle and any following or overtaking vehicle.


https://www.legislation.sa.gov.au/LZ/C/R/Road%20Traffic%20(Miscellaneous)%20Regulations%202014.aspx


(5) The device must not be louder than is necessary so the driver, and a person near the vehicle, can hear the device when it is operating.

Drive, driver’s compartment

39—Automatic transmission (1) A motor vehicle fitted with an automatic transmission must have an engine starter mechanism that cannot operate when the transmission control is in a position to drive the vehicle. (2) A vehicle built after 1975 that is fitted with an automatic transmission must have an indicator in the driver's compartment showing the transmission control position. (3) Subrules (1) and (2) do not apply to a motor vehicle with less than 4 wheels.


Driver’s forward view

41—Bonnet securing devices (1) A motor vehicle with a moveable body panel forward of the windscreen that covers an engine or luggage storage or battery compartment, must have a device to secure the panel. (2) However, if the panel opens from the front in a way that partly or completely obstructs the driver's forward view through the windscreen, the panel must have primary and secondary devices to secure the panel.


Driver, normal seating position, driver’s view

43—Television receivers and visual display units (1) A television receiver or visual display unit must not be installed in a vehicle so any part of the image on the screen is visible to the driver from the normal driving position. (2) However, subrule (1) does not apply to— (a) a television receiver or visual display unit that cannot be operated when the vehicle is moving; or (b) a driver's aid in any vehicle or a destination sign in a bus. Examples of driver's aids— (a) Closed-circuit television security cameras. (b) Dispatch systems. (c) Navigational or intelligent highway and vehicle system equipment. (d) Rearview screens. (e) Ticket-issuing machines. (f) Vehicle monitoring devices. (3) A television receiver, or visual display unit, and its associated equipment in a vehicle must be securely mounted in a position that— (a) does not obscure the driver's view of the road; and (b) does not impede the movement of a person in the vehicle.


Driver’s seat

46—Window tinting (1) Glazing used in a windscreen of a motor vehicle must have a luminous transmittance of at least— (a) for a motor vehicle built after 1971—75%; or (b) for another motor vehicle—70%. (5) Glazing behind the rear of the driver's seat may be coated to achieve a luminous transmittance of not less than 35%. (6) Glazing in a side window forward of the rear of the driver's seat may be coated to achieve a luminous transmittance of not less than 35%.


Driver, normal driving position, driving position, adequate view

47—Windscreen wipers (1) A motor vehicle with 3 or more wheels that is fitted with a windscreen must be fitted with at least 1 windscreen wiper unless a driver in a normal driving position can obtain an adequate view of the road ahead of the motor vehicle without looking through the windscreen. (2) At least 1 windscreen wiper fitted to the motor vehicle must— (a) be able to remove moisture from the part of the windscreen in front of the driver to allow the driver an adequate view of the road ahead of the motor vehicle when the windscreen is wet; and (b) be able to be operated from a normal driving position; and (c) for a motor vehicle built after 1934—continue to operate until the wiper is switched off; and (d) for a motor vehicle built after 1959 the driving position of which is nearer one side of the vehicle than the other— (i) be able to remove moisture from the part of the windscreen in front of the driver, and a corresponding part of the windscreen on the other side of the centre of the motor vehicle, to allow the driver an adequate view of the road ahead of the motor vehicle when the windscreen is wet; and (ii) if the windscreen wipers are operated by engine manifold vacuum—be provided with a vacuum reservoir or pump to maintain the efficient operation of the wiper or wipers while the vehicle is in motion.


Driver can see Part 8—Lights and reflectors Note— This Part deals with how the lights on a vehicle must be fitted and work so that the driver can see the road, pedestrians and other vehicles at night, and can signal to others.


Driver, normal driving position

80—Changing headlights from high-beam to low-beam position (1) A motor vehicle built after 1934 that can travel at over 60 kilometres an hour must be fitted with— (a) a dipping device enabling the driver in the normal driving position— (i) to change the headlights from the high-beam position to the low-beam position; or (ii) simultaneously to switch off a high-beam headlight and switch on a low-beam headlight; and (b) for a vehicle built after June 1953—a device to indicate to the driver that the headlights are in the high-beam position.


Visible to the driver 92—Location of side marker lights (1) The centre of a side marker light must not be over 150 millimetres from the nearer side of the vehicle. (2) A front side marker light fitted to a motor vehicle must be towards the front of the side of the vehicle with no part of the lens visible to the driver.



101—Operation and visibility of direction indicator lights (1) A direction indicator light fitted to a motor vehicle must— (a) when operating, display regular flashes of light at a rate of not over 120, and— (i) for a motor vehicle with 4 or more wheels—at least 60, flashes a minute; and (ii) for another motor vehicle—at least 45, flashes a minute; and (b) be able to be operated by a person in the normal driving position; and (c) be wired to an audible or visible device in the vehicle that tells the driver that the direction indicator light is operating; and (d) flash at the same time and rate as any other direction indicator lights fitted on the same side of the vehicle. (4) If a motor vehicle's direction indicator lights display only yellow light, the vehicle may be equipped to allow the lights to operate simultaneously on both sides of the vehicle, if a visible or audible signal tells the driver when the lights are operating simultaneously.


Driver

103—Rear fog lights (1) A vehicle may have fitted to its rear— (a) a pair of rear fog lights; or (b) 1 rear fog light fitted on, or to the right, of the centre of the vehicle. (3) A rear fog light must— (a) have its centre— (i) not over 1.5 metres above ground level; and (ii) at least 100 millimetres from the centre of a brake light; and (b) when on, project red light behind the vehicle; and (c) not use over 27 watts power; and (d) be wired to a visible device in the vehicle that tells the driver that the rear fog light is operating.


Driver

113—Operation and performance of warning lights (1) When operating, a warning light must display regular flashes of yellow light at a rate of at least 90, and not over 180, flashes a minute. (2) The warning lights at the same end of the bus must flash alternately. (3) Unless the driver has turned the warning lights off, they must operate automatically when a door on the bus opens and for at least 10, and not over 20, seconds after all the doors on the bus have closed.



(4) The bus must have a visible or audible signal that tells the driver when the warning lights are operating. (5) The bus must be fitted with a switch that allows the driver to turn the warning lights off.

Driver, hand signalling

117—Signalling devices (1) This rule applies to a motor vehicle if— (a) the vehicle is not fitted with a brake light or direction indicator light mentioned in Division 9 or Division 11; and (b) the construction of the vehicle would otherwise prevent the driver from hand signalling an intention— (i) to turn or move the vehicle to the right; or (ii) to stop or suddenly reduce the speed of the vehicle. (2) The vehicle must be fitted with a mechanical signalling device or a pair of turn signals.



118—Mechanical signalling devices (1) A mechanical signalling device must— (a) be fitted to the right side of the vehicle; and (b) be able to be operated by the driver from a normal driving position; and (c) consist of a white or yellow representation of an open human hand at least 15 centimetres long; and (d) be constructed so that the driver of the vehicle can keep the device— (i) in a neutral position so it is unlikely that the driver of another vehicle or anyone else would regard it as a signal; and (ii) in a horizontal position with the palm of the hand facing forwards and the fingers pointing out at a right angle to the vehicle to signal an intention to turn or move right; and (iii) with the palm of the hand facing forwards and the fingers pointing upwards to signal an intention to stop or reduce speed suddenly.



119—Turn signals A turn signal must— (a) consist of a steady or flashing illuminated yellow sign at least 15 centimetres long and 25 millimetres wide that— (i) when in operation—is kept horizontal; and (ii) when not in operation—is kept in a position so it is unlikely that the driver of another vehicle or anyone else would regard it as a signal; and (b) be fitted to the side of the motor vehicle at least 50 centimetres and not over 2.1 metres above ground level, in a position so the driver of the vehicle, from the normal driving position, can see whether the signal is in operation; and (c) be able to be operated by the driver from the normal driving position; and (d) when in operation, be visible from both the front and rear of the vehicle at a distance of 30 metres.


Driver, normal driving position 127—Operation of brakes on motor vehicles The braking system on a motor vehicle must be arranged to allow the driver of the motor vehicle to apply the brakes from a normal driving position.


Driver, normal driving position 130—Operation of brakes on trailers (1) The braking system of a trailer with a GTM over 2 tonnes must allow the driver of a motor vehicle towing the trailer to operate the brakes from a normal driving position.



131—Air or vacuum brakes on trailers (1) If a trailer has air brakes, its braking system must include at least 1 air storage tank. (2) If a trailer has vacuum brakes, its braking system must include at least 1 vacuum storage tank. (3) An air or vacuum storage system must— (a) be built to give a visible or audible warning to the driver of the towing vehicle, while in a normal driving position, of a lack of air or vacuum that would prevent the brakes from meeting the performance standards of rule 125; and (b) be safeguarded by a check valve or other device against loss of air or vacuum if the supply fails or leaks. (4) Subrules (1), (2) and (3) do not apply to a trailer with a GTM of 2 tonnes or less.


Driver

135—DT80 test procedure Note—Explanation of the test procedure— This test has been designed to evaluate vehicle emissions during typical "real-world" operating modes and conditions. There are 3 simple modes: • 3 idle periods • acceleration to 80 km/h 3 times • maintain speed at 80 km/h. The graph below indicates the modes of operation. The actual test will result in a graph that has more variation than the indicative graph below, because of the need to change gears when accelerating. Modes B – D and E – G and H – I have no specific time interval. All the specified time periods have an error margin of ± 1 second. The vehicle is accelerated rapidly to 80 km/h 3 times by applying wide-open throttle. The driver selects the most appropriate gear change points for the vehicle being tested to achieve the correct speed.


Driver, driver control panel

136—Requirements of DT80 test cycle (2) The DT80 test cycle must be conducted on a chassis dynamometer system that— (k) incorporates a driver control panel for remote operation of critical functions from driver's seat, including controls for start test and stop test; and (m) is able to communicate speed, load and status signals to enable the driver to undertake the test in accordance with the DT80 procedure; and


Driver, drive, control, driving

Dictionary bus means a motor vehicle built mainly to carry people that seats over 9 adults (including the driver); car means a motor vehicle built mainly to carry people that— (a) seats not over 9 adults (including the driver); and (b) has a body commonly known as a sedan, station wagon, coupe, convertible, or roadster; and (c) has 4 or more wheels; drive includes be in control of; driver, of a vehicle, means the person driving the vehicle;


Road Traffic (Miscellaneous) Regulations 2014 (SA)

Driver

3-Interpretation car means a motor vehicle built mainly to carry people that— (a) seats not over 9 people (including the driver); and (b) has a body commonly known as a sedan, station wagon, coupe, convertible or roadster; and (c) has 4 or more wheels;


Driver 39—Evasive action in relation to average speed camera The driver of a vehicle must not take any action, other than a contravention referred to in Schedule 4 Part 1 clause 3, that is designed to avoid an electronic record being made of the vehicle through the operation of an average speed camera as the vehicle is driven towards, through or away from an average speed camera location.


Driver 40—Heavy vehicles and minimum allowable travel time (1) The driver of a heavy vehicle must not take a shorter length of time than the minimum allowable travel time when driving the vehicle between 2 Safe-T-Cam photographic detection devices.


Driver, driven 42—Evasive action in relation to Safe-T-Cam photographic detection device The driver of a heavy vehicle must not take any action, other than a contravention referred to in Schedule 4 Part 1 clause 4, designed to avoid an electronic record being made through the operation of a Safe-T-Cam photographic detection device of the number plate of the vehicle as the vehicle is driven towards or away from the photographic detection device.


Driven, driver, 53—Modification of motor vehicles (1) A light motor vehicle must not be driven or towed on a road if it does not comply with the requirements of this regulation.


https://www.legislation.sa.gov.au/LZ/C/R/Road%20Traffic%20(Miscellaneous)%20Regulations%202014.aspx


(2) If a light motor vehicle is driven or towed in contravention of subregulation (1), the driver and the owner and the operator of the vehicle are each guilty of an offence.

Driven, driver 54—Wheels and tyres (1) A light vehicle must not be driven or towed on a road if it does not comply with the requirements of this regulation. (2) If a light vehicle is driven or towed in contravention of subregulation (1), the driver and the owner and the operator of the vehicle are each guilty of an offence.


Driven, driver 65—Prohibition on towing more than 1 vehicle (1) Subject to this regulation, a light motor vehicle towing more than 1 vehicle must not be driven on a road. (2) If a light motor vehicle is driven in contravention of subregulation (1), the driver and the owner and the operator of the motor vehicle are each guilty of an offence.


Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014 (SA)

Driver

8—Speed limits applying to driving of road trains (1) Despite anything in Part 3 of the Rules (Speed limits), a driver must not drive a road train on any length of road at a speed exceeding the prescribed speed limit (road trains) for that length of road. Maximum penalty: $5 000. (2) Despite anything in Part 3 of the Rules (Speed limits), a driver must not drive a road train at a speed exceeding 40 kilometres per hour on a length of road in a built-up area in Orroroo, Peterborough, Port Augusta or Whyalla.


Driver, driving

11A—Keeping a safe lateral distance when passing bicycle rider (1) Despite anything in rule 144, a driver of a motor vehicle driving past to the right of the rider of a bicycle travelling in the same direction as the driver must pass the bicycle at a sufficient distance from the bicycle. Maximum penalty: $2 500. sufficient distance, from a bicycle that is being passed by the driver of a motor vehicle, means— (a) if the speed limit applying to the driver for the length of road is not more than 60 kilometres per hour—a lateral distance from the bicycle of at least 1 metre; or (b) if the speed limit applying to the driver for the length of road is more than 60 kilometres per hour—a lateral distance from the bicycle of at least 1.5 metres.


Driver, driving

11B—Exemption from certain rules when passing bicycle rider (1) Despite anything in rule 132, 137, 138, 146 or 147, a driver of a motor vehicle driving past to the right of the rider of a bicycle travelling in the same direction as the driver may, if it is necessary in order to comply with regulation 11A for the passing of the rider, do any of the following: (a) if the driver is driving on a two-way road without a dividing line or median strip—drive to the right of the centre of the road, provided that the driver has a clear view of any approaching traffic and can do so safely; (b) if the driver is driving on a road with a dividing line—drive to the right of the dividing line, provided that the driver has a clear view of any approaching traffic and can do so safely; (c) drive— (i) on a dividing strip that is at the same level as the road; or (ii) on or over a single continuous line, or 2 parallel continuous lines, along a side of or surrounding a painted island, provided that the driver has a clear view of any approaching traffic and can do so safely; (d) if the driver is driving on a multi-lane road—drive so that the driver's vehicle is not completely in a marked lane; (e) if the driver is driving on a road with 2 or more lines of traffic travelling in the same direction as the driver, but without marked lanes—drive so that the driver's vehicle is not completely in a single line of traffic; (f) if the driver is driving on a multi-lane road—move from one marked lane to another marked lane across a continuous line separating the lanes, provided that the driver can perform the movement safely.


Driver, drive

13—Vehicles not permitted in lanes marked "bus only" Despite anything in Part 11 (Keeping left, overtaking and other driving rules) or Part 12 (Restrictions on stopping and parking) of the Rules, a driver (except the driver of a public bus or emergency vehicle) must not drive or stop in a bus lane or other marked lane (or portion of such a lane) the road surface of which is painted red and marked with the words "bus only" in white letters. Maximum penalty: $2 500.


Driver, driving

14—Exemption from requirements relating to passing or proceeding past tram stopped at tram stop If— (a) a driver— (i) is driving behind or alongside, or is overtaking, a tram travelling in the same direction as the driver and the tram stops at a tram stop, except at the far left side of the road; or (ii) is stopped beside a tram stop and a tram stops at the tram stop, except at the far left side of the road; and (b) there is no safety zone, dividing strip or traffic island between the tram and the part of the road where the driver is driving, the driver is exempt from compliance with rules 163 (Driving past the rear of a stopped tram at a tram stop), 164 (Stopping beside a stopped tram at a tram stop) and 164A (Staying stopped if a tram comes from behind a stopped driver and stops) if— (c) the doors of the tram facing the part of the road where the driver is driving are closed; and (d) there is a safety zone, dividing strip, traffic island, pedestrian refuge or similar structure on the area of road between the tram and the far right side of the road; and (e) access to the structure from the far left side of the road is provided by 1 or more crossings for pedestrians.


Driver

18—Vehicles permitted to stop on paths, dividing strips and nature strips (1) For the purposes of rule 197(1) (Stopping on a path, dividing strip, nature strip, painted island or traffic island), the following drivers are permitted to stop on a bicycle path, footpath, shared path, dividing strip or nature strip: (a) the driver of a motorised wheelchair; (b) the rider of a motor bike (with or without a trailer attached) that— (i) is a postal vehicle; and (ii) has an engine capacity not exceeding 125cc, who is engaged in dropping off or picking up postal articles. (2) For the purposes of rule 197(1), a driver is permitted to stop on a footpath if the driver is crossing the path to enter a road-related area or adjacent land and is required to open a gate or take some other action to enter the area or land.


Driver 20—Prohibition on parking outside times indicated by permissive parking sign if road is a bicycle, bus or transit lane Despite anything in rule 205A (Parking outside times indicated), nothing in that rule permits a driver to park on a length of road, or in an area, that is a bicycle lane, bus lane or transit lane.


Driver 23—Exemption from requirements relating to making motor vehicles secure Drivers in South Australia are exempt from rule 213 (Making a motor vehicle secure).


Driver 26—Operation of hazard warning lights if children being dropped off or picked up For the purposes of rule 221 (Using hazard warning lights), a driver is permitted to operate hazard warning lights on a bus carrying children when the vehicle stops to drop off or pick up a child.


Driver

28—Prohibition of hitchhiking, selling, buying etc on roads not applicable Despite anything in rule 236 (Pedestrians not to cause a traffic hazard or obstruction)— (a) a pedestrian is not required to comply with subrule (4) of that rule; and (b) a driver, or a passenger, in or on a vehicle is not required to comply with subrule (5) of that rule. Note— See section 83A of the Act in relation to restrictions that may apply. [(5) A driver, or a passenger, in or on a vehicle must not buy, or offer to buy, an article or service from a person standing on a road.]


Driver

39—Additional crashes that are required to be reported to police For the purposes of rule 287(3) (Duties of a driver involved in a crash), a crash is required to be reported to a police officer by a driver involved in the crash if real or personal property (other than an animal) is destroyed or damaged except where— (a) the only property destroyed or damaged is property owned by the driver; or (b) a fair estimate of the cost of making good the damage to property is not more than $3 000.



Passenger Transport Act 1994 (SA)

Drivers

20—Functions of Minister under Act (1) The Minister may, in connection with the operation of this Act, adopt the following functions: (a) to oversee the creation and maintenance of an integrated network of passenger transport services involving all modes of passenger transport by public passenger vehicles within the State (including, to the extent that may be appropriate, an integrated fare system within that network);…. (e) to accredit the operators of passenger transport services, to accredit drivers of public passenger vehicles, and to administer the provision of various services;… (g) to establish, audit and, if necessary, enforce safety, service, equipment and comfort standards for passenger transport within the State;


Driver 28—Accreditation of drivers (1) A person must not drive a public passenger vehicle for the purposes of a passenger transport service unless the person holds an appropriate accreditation under this Division. (3) The accreditation must specify the kind or kinds of vehicles and services for which it is appropriate.


Drivers

29—Accreditation of centralised booking services (1) For the purposes of this section, a person operates a centralised booking service if the person operates a service where— (a) bookings for taxi services, or any other passenger service of a prescribed class, are accepted from members of the public; and (b) the bookings are assigned to drivers; and (c) the number of passenger transport vehicles participating in the service is not less than the prescribed number. (2) A person must not operate a centralised booking service unless the person holds an accreditation for that service under this Division.


In charge of the vehicle, driving

53—Authorised officers (5) An authorised officer may, as may reasonably be required in connection with the administration, operation or enforcement of this Act— (a) at any time, enter and inspect premises where there is, or where the authorised officer suspects on reasonable grounds that there is, a vehicle that is, or is to be, used for the purposes of a passenger transport service; (b) at any time, enter and inspect a vehicle that is, or that the authorised officer suspects on reasonable grounds is, a vehicle that is, or is to be, used for the purposes of a passenger transport service, and for that purpose require a vehicle to stop, or to be presented for inspection at a place and time specified by the authorised officer; (c) carry out, or cause to be carried out, an examination or test of a vehicle; (f) require a person to produce evidence of an accreditation or licence required under this Act, or a certificate or other authorisation required for the purposes of this Act; (h) require a person who is the owner of a vehicle, or apparently in charge of a vehicle, to answer questions put by the authorised officer for the purpose of obtaining information which may lead to the identification of the person who was driving the vehicle on any occasion;


Driver

54—Inspections (2) Subject to subsection (3), this section applies to any public passenger vehicle. (3) The Minister may, by instrument in writing or by notice published in the Gazette— (a) exempt a specified vehicle or vehicles of a specified class from this section (or from specified parts of this section); (b) vary or revoke an exemption under paragraph (a). (4) An exemption under subsection (3) is subject to conditions and limitations (if any) determined by the Minister and specified in the instrument or notice of exemption. (5) The operator of a vehicle to which this section applies must cause that vehicle to be inspected by an approved vehicle inspector at least once within each prescribed period or as the Minister may direct in a particular case. (7) Subject to subsection (9), an approved vehicle inspector must not issue a certificate of inspection unless satisfied, to such extent as may be reasonable in the circumstances— (a) that the vehicle does not have a mechanical defect or inadequacy that may render the vehicle unsafe; or (b) that the vehicle provides reasonable comfort to passengers; or (c) that the interior or exterior of the vehicle is reasonably clean and in good order or appearance; or (d) that there is not a deficiency in a sign, meter or other equipment required to be fitted to the vehicle under this Act; or (e) that the vehicle complies with prescribed requirements or standards relating to its safety, design, service, maintenance or condition, (and for the purposes of this subsection the inspector may rely on evidence of a prescribed kind). (8) Subject to subsection (9), an approved vehicle inspector may refuse a certificate of inspection where, in his or her opinion, the vehicle has not, since a certificate was last issued, been maintained in accordance with a prescribed scheme of maintenance that applies to the vehicle. (9) An approved vehicle inspector may, instead of taking action under subsection (7) or (8), require that the vehicle be repaired or altered, or that other specified action be taken to rectify the vehicle, and then be resubmitted for inspection within a stated period and, pending that resubmission, may issue a temporary certificate. (14) If a vehicle to which this section applies is used to carry passengers (other than the driver) and the vehicle is not the subject of a current certificate under this section, the driver of the vehicle and any person by whom the driver is employed to drive the vehicle are each guilty of an offence. (16) An authorised officer or a member of the police force may require the driver of a vehicle to which this section applies to stop the vehicle for the purpose of permitting that officer or member of the police force to inspect the certificate of inspection required under this section.

Enforcement interaction Licenses and permits

Passenger Transport Regulations 2009 (SA)

Driver

3—Interpretation (1) In these regulations, unless the contrary intention appears— authorised person means— (a) an authorised officer; or (b) a person authorised by the Minister to exercise the powers of an authorised person under Part 4 Division 2 Subdivision 2; or (c) an employee of a regular passenger service operator; or (d) the driver of a regular passenger service vehicle (whether or not an employee of the operator); or (e) a police officer; chauffeured vehicle service means a service provided under— (a) a Small Passenger Vehicle (Metropolitan) Accreditation; or (b) a Small Passenger Vehicle (Non-Metropolitan) Accreditation; or (c) a Small Passenger Vehicle (Special Purpose) Accreditation; or (d) a Small Passenger Vehicle (Traditional) Accreditation; country taxi service means a passenger transport service operated outside Metropolitan Adelaide under a Country Taxi Accreditation; regular passenger service operator means TransAdelaide or a person who conducts a regular passenger service wholly or partly within Metropolitan Adelaide; small passenger vehicle means a motor vehicle (other than a taxi)— (a) designed for the principal purpose of carrying passengers; and (b) designed to carry not more than 12 seated persons; (5) For the purposes of these regulations— (a) a hiring of a taxi commences— (i) subject to subparagraph (ii), in the case of a hiring by hail or a pre-arranged hiring—when the passenger is seated in the taxi and an instruction or direction is given to the driver by the hirer or passenger; (ii) in the case of a pre-arranged hiring—from a time arranged with the hirer provided that, before that time, the taxi has arrived at the place arranged for pick up and the driver has there made personal contact with the hirer or passenger; (b) a hiring of a taxi ends— (i) in the case of a multi-seat hiring— (A) if the last passenger remaining in the taxi discharges the taxi before arriving at the agreed destination—when the taxi is discharged; or



(B) when the taxi arrives at the agreed destination for the last passenger remaining in the taxi and there is no further service agreed between the driver and the last remaining passenger; (ii) in any other case— (A) if the passenger discharges the taxi before arriving at the agreed destination—when the taxi is discharged; or (B) when the taxi arrives at the agreed destination and there is no further service agreed between the driver and the passenger

Driver

5—Exclusions from definition of passenger transport service (1) The following are excluded from the ambit of the definition of passenger transport service in section 4(1) of the Act: (a) a service provided under a car pooling arrangement; (b) a service consisting of a ride provided for the purposes of fun or amusement for a fare that is less than $5 per ride. (2) For the purposes of subregulation (1)(a), a service is provided under a car pooling arrangement if— (a) the vehicle is provided by the driver; and (b) the driver would be undertaking the relevant journey himself or herself in any event; and (c) the service is not the result of plying for hire by the driver or another person; and (d) the maximum number of persons in the vehicle is 8; and (e) a payment by a passenger is limited to making a contribution to the costs incurred in making the journey, and other costs associated with the use of the vehicle (other than a fine or penalty imposed under an Act), and does not involve profit for the driver or another person.


Driver

9—Conditions [operator accreditation] (1) Pursuant to section 31(1)(b)(ii) of the Act, the following conditions are prescribed in relation to an accreditation under Part 4 Division 1 of the Act:… (f) a condition that the accredited person will ensure that a vehicle used for the purposes of the service is not driven in contravention of Part 4 Division 2 of the Act (relating to the accreditation of drivers) (although this condition does not apply if the accredited person is operating a community transportation service and the driver is a volunteer driver who does not hold an accreditation by virtue of regulation 7(4)(b)); (g) a condition that the accredited person will, if using a taxi for the service that participates in an Adelaide centralised booking service— (i) ensure that the taxi is fitted with equipment by which the driver of the taxi may log onto and out of a computerised telecommunications system connecting the taxi and the central control station for the booking service; (p) in the case of a Small Passenger Vehicle (Metropolitan) Accreditation— (i) a condition that a vehicle used for the purposes of the service must be— (A) a vehicle that has an engine capacity of 6 cylinders or more, has a wheelbase dimension of at least 2 800 mm, is capable of seating at least 4 average-sized adults comfortably plus the driver, and is within a higher quality class of vehicle recognised by the Minister for the purposes of this subparagraph; or (B) a vehicle determined by the Minister (either specifically or according to a class of vehicle) as being appropriate for the purposes of this subparagraph; (r) in the case of a Small Passenger Vehicle (Non-Metropolitan) Accreditation—a condition that a vehicle used for the purposes of the service must be— (i) a vehicle that has an engine capacity of 6 cylinders or more and is capable of seating at least 4 average-sized adults comfortably plus the driver; or (ii) a vehicle determined by the Minister (either specifically or according to a class of vehicle) as being appropriate for the purposes of this paragraph; (s) in the case of a Country Taxi Accreditation— (i) a condition that a vehicle used for the purposes of the service must be— (A) a vehicle that is capable of seating at least 4 average-sized adults comfortably plus the driver; or (B) a vehicle determined by the Minister (either specifically or according to a class of vehicle) as being appropriate for the purposes of a country taxi service;

Licenses and permits Other passenger transport, tolling and

taxi requirements

Drive, driven

13—Conditions [driver accreditation] (1) Pursuant to section 31(1)(b)(ii) of the Act, the following conditions are prescribed in relation to an accreditation under Part 4 Division 2 of the Act: (g) except where the accredited person is driving a vehicle for a taxi service (including a taxi service operated outside Metropolitan Adelaide) or a regular passenger service, or as specifically authorised under these regulations or by the Minister— (i) a condition that the accredited person will not drive a vehicle for the purposes of a passenger transport service if the vehicle does not comply with the requirements of regulation 9(1)(n)(ii) and (iii); (ii) a condition that the accredited person will not ply for hire with a vehicle in a public street, road or place, and will not stand a vehicle being driven by the person at a designated taxi-stand; (iii) except for— (A) a vehicle used for the purposes of a service operated under a Small Passenger Vehicle (Special Purpose) Accreditation; or (B) a vehicle drawn by an animal, a condition that the accredited person will not park or stand a vehicle on a public street, road or place unless a sign approved by the Minister that clearly indicates that the vehicle is not for hire is displayed on or near the vehicle in a manner determined by the Minister for the purposes of this regulation; (iv) a condition that the accredited person will not accept a request for the carriage for hire of a person except under a pre-arranged hiring resulting from a request by the hirer directed to a booking office approved by the Minister under these regulations and the issuing of the booking to that driver following that request;


taxi requirements

Driver

14—Centralised booking services—eligibility (2) For the purposes of section 29(3)(a)(ii) of the Act, the following standards are prescribed: (a) a centralised booking service must be able to ensure that 2-way radio or telecommunications contact between a central control station and each passenger transport vehicle participating in the service is continuously available (excluding a case where a vehicle is in an area where such contact is impracticable); (b) an Adelaide centralised booking service must have a computerised telecommunications system, approved by the Minister, connecting the central control station for the booking service and each taxi participating in the booking service that— (i) enables a driver of the taxi to log onto and out of the system by operating the equipment fitted to the taxi; and (ii) records, at the central control station, the taxi, the driver's personal identification number and the times and dates the driver has logged onto and out of the system; (e) a centralised booking service must be able to deal with an emergency situation that involves the driver of a passenger transport vehicle participating in the service;


Driver

15—Conditions (1) Pursuant to section 31(1)(b)(ii) of the Act, the following conditions are prescribed in relation to an accreditation under Part 4 Division 3 of the Act: (c) a condition that the accredited person must, if operating an Adelaide centralised booking service, ensure that the booking service does not issue a booking to a driver of a taxi if the driver has not, by operating the equipment fitted to the taxi, logged onto the computerised telecommunications system connecting the central control station for the booking service and the taxi;


taxi requirements

Driver

64—Fares for hiring taxis (1) The relevant person for a taxi must ensure that no more than the legal fare is demanded or recovered for the hiring of the taxi. (4) The driver of a taxi must accept, in satisfaction of the fare for a hiring of the taxi, payment of the amount of the fare— (a) by cash; or (b) if applicable, by a SATSS voucher; or (ba) by credit or debit card and EFTPOS at an EFTPOS terminal if— (i) subject to subregulation (6), the EFTPOS terminal is installed and operated in compliance with regulation 64A; and (ii) the credit or debit card is of a type identified on the taxi as being accepted by the taxi operator; or (c) by another means or technical process determined or approved by the Minister. (5) A person who hires a taxi must, unless otherwise agreed, pay the legal fare to the driver on termination of the hiring— (a) by cash; or (b) if applicable, by a SATSS voucher; or (ba) by credit or debit card and EFTPOS at an EFTPOS terminal if— (i) subject to subregulation (6), the EFTPOS terminal is installed and operated in compliance with regulation 64A; and (ii) the credit or debit card is of a type identified on the taxi as being accepted by the taxi operator; or (c) by another means or technical process determined or approved by the Minister.


Driver, driver’s ABN 64A—Electronic payment of fares (2) The driver of a taxi must provide a receipt to a person who pays a fare by credit or debit card, EFTPOS and any other technical process approved by the Minister for the purpose of this subregulation



which includes— (a) unless the receipt is produced by an EFTPOS terminal—the driver's signature; and (b) the licence number of the taxi; and (c) the taxi driver's accreditation number; and (d) the taxi driver's ABN; and (e) the name of the centralised booking service to which the taxi belongs; and (f) the location the hire was accepted and terminated; and (g) in the case of a receipt produced by an EFTPOS terminal—the name of the EFTPOS terminal's service provider; and (h) an itemised list of the cost of the fare including the metered fare, GST, service fees and any additional rates and charges; and (i) the total amount of the fare; and (j) the time and date of the payment of the fare; and (k) any other information required by the Minister.

taxi requirements

Driver 67—Duty of taxi driver not to leave taxi unattended at taxi-stand The driver of a taxi must not, except with the approval of an authorised officer, leave the taxi unattended at a designated taxi-stand.


Driver 68—Duty to accept or continue hiring (2) A driver must not carry any persons in excess of the number that the taxi is authorised to carry.


Driver 69—Duty of taxi driver to take shortest route If a taxi is hired, the driver must choose the shortest practicable route to reach the place specified unless the hirer requests that some other route be followed.


Driver 71—Multiple-hirings The driver of a taxi that has been hired by a person must not, except at the request or with the consent of that person or the passengers for whom that person hired the taxi, carry or agree to carry additional passengers at the same time under a separate hiring.


Drive

75—Requirement to have approved security camera system fitted and operating (1) A taxi must not be used for the purposes of a taxi service other than a country taxi service unless the taxi is fitted with an approved security camera system. (2) A taxi must not be used for the purposes of a country taxi service if it is fitted with a security camera system that is not an approved security camera system. (4) The operator of a taxi service must not permit a person to drive a taxi for the purposes of the service unless reasonably satisfied that the person is competent to operate a security camera system fitted to the taxi.


Driver

78—Steps to be followed in the event of an incident etc If a security camera system fitted to a taxi is activated in connection with an incident in or about the taxi, the driver of the taxi at the time of the incident must comply with any requirements determined by the Minister with respect to the downloading of video recordings or the resetting of the security camera system (unless the driver has been injured, or is directed to take some other action by a police officer or a prescribed officer).


Driver

86—Prohibition on overloading public passenger vehicle (1) The driver of a public passenger vehicle must not— (a) carry in the vehicle at any 1 time a greater number of passengers than the total number authorised to be carried, whether seated or standing; or (b) carry at any 1 time in a bus a greater number of passengers seated than the number authorised to be carried seated in the bus; or (c) carry at any 1 time in a bus a greater number of passengers standing than the number authorised to be carried standing.


Driver

87—Prohibition on carriage of passengers on certain portions of public passenger vehicle The driver of a public passenger vehicle must not, without the approval of the Minister— (a) carry a passenger on a portion of the vehicle not set apart or intended for the conveyance of passengers; or (b) permit a person to occupy a portion of the driving seat or of the vehicle on the right-hand side of that seat and abreast of it; or (c) permit a person to be on a portion of the vehicle in front of the driving seat.


Driver 88—Requirement to store passengers' luggage The driver of a public passenger vehicle must ensure that the luggage or articles of a passenger (other than hand luggage) are placed in an appropriate storage compartment, or some other place specifically set aside for such luggage or articles.


Driver

121—Motor vehicles etc (1) A person must not drive, ride, park or leave standing a motor vehicle on prescribed premises except in an area that is set aside for that purpose. (2) A person who drives or rides a motor vehicle on prescribed premises must— (a) comply with a reasonable direction of an authorised person; and (b) obey any speed restriction, traffic control sign or parking control sign displayed on the premises.


Identification number of the driver

142—Reporting of accidents involving taxis (1) If a taxi is involved in an accident, the operator of the taxi service must, within 2 business days, submit to the Minister a written report, in a form determined by the Minister, containing the following information: (a) the date, time and place of the accident; and (b) the circumstances of the accident; and (c) particulars of injury to any passenger; and (d) particulars of damage to the vehicle; and (e) the name and identification number of the driver of the vehicle.


Driver 150B—SATSS Vouchers (2) A driver of a taxi or certain hire car must not accept more than 1 SATSS voucher in satisfaction for the amount of the fare for a hiring unless in compliance with the SATSS conditions of use.


Motor Vehicles Act 1959 (SA)

Drives, public liability insurance, licence or permit

12—Exemption for certain trailers, agricultural implements and agricultural machines (2c) A person who drives a prescribed agricultural machine on a road without registration or insurance under Part 4 as authorised by this section must, if requested by a police officer to do so, produce evidence of the person's public liability insurance either— (a) forthwith to the police officer who made the request; or (b) within 48 hours after the making of the request, at a police station conveniently located for the driver, specified by the police officer at the time of making the request. Maximum penalty: $750. 12B—Exemption of certain vehicles from requirements of registration and insurance (3) A person who drives a motor vehicle on a road without registration or insurance under Part 4 as authorised by this section must, if requested by a police officer to do so, produce evidence of the person's public liability insurance either— (a) forthwith to the police officer who made the request; or (b) within 48 hours after the making of the request, at a police station conveniently located for the driver, specified by the police officer at the time of making the request. Maximum penalty: $750. 97A—Visiting motorists (3) A person when driving a vehicle in this State pursuant to subsection (1) must carry the licence or permit and must produce it if requested to do so by— (a) a police officer; or (b) an authorised officer. Maximum penalty: $1 250.



Driver, licence or permit

96—Duty to produce licence or permit (1) The driver of a motor vehicle, if requested by a police officer to produce his or her licence or learner's permit, must produce the licence or learner's permit either— (a) forthwith to the police officer who made the request; or (b) within 48 hours after the making of the request, at a police station conveniently located for the driver, specified by the police officer at the time of making the request. Maximum penalty: $1 250. 97—Duty to produce licence or permit at court (1) A driver who holds a licence or learner's permit and is charged with an offence against any provision of any Act relating to motor vehicles must, if so required by the court, a police officer or the Registrar, produce his or her licence or learner's permit to the court at the time of the hearing of the charge. Maximum penalty: $1 250.


Drive, drives, drink driving, his or her, licence or learner’s

permit

16—Permits to drive vehicles without registration (9) A person must not drive on a road a motor vehicle in respect of which a permit under this section is in force unless the permit is carried in the vehicle in accordance with the regulations. Maximum penalty: $750. 47A—Classes of number plates and agreements for allotment of numbers (7) A person must not drive a motor vehicle on a road, being a vehicle to which a number plate or plates of a class in respect of which a declaration has been made under subsection (2) are attached, unless a registered owner of the vehicle acquired the right to attach the number plate or plates to the vehicle pursuant to an agreement under subsection (4). Maximum penalty: $5 000. 74—Duty to hold licence or learner's permit (1) Subject to this Act, a person who— (a) drives a motor vehicle of a particular class on a road; and (b) is not authorised to drive a motor vehicle of that class on a road but has previously been so authorised under this Act or the law of another State or a Territory of the Commonwealth, is guilty of an offence. Maximum penalty: $1 250. (2) Subject to this Act, a person who— (a) drives a motor vehicle of a particular class on a road; and (b) is not and has never been authorised, under this Act or the law of another State or a Territory of the Commonwealth, to drive a motor vehicle of that class on a road, is guilty of an offence. Maximum penalty: For a first offence—$2 500. For a subsequent offence—$5 000 or imprisonment for 1 year. (2a) Subject to this Act, if a person— (a) drives a motor vehicle on a road; and (b) has, as a consequence of being convicted of a serious drink driving offence, been disqualified from holding or obtaining a licence; and (c) has not, since the end of the period of that disqualification, been authorised, under this Act or the law of another State or Territory of the Commonwealth, to drive a motor vehicle, the person is guilty of an offence. Maximum penalty: $5 000 or imprisonment for 1 year. 91—Effect of suspension and disqualification (5) A person must not drive a motor vehicle on a road while his or her licence or learner's permit is suspended or while disqualified in this State or another State or Territory of the Commonwealth from holding or obtaining a licence or learner's permit. Motor Vehicles Regulations 2010 32—Offences (1) A person must not— (a) drive or leave standing on a road a motor vehicle to which a colourable imitation of a trade plate is attached; or (b) drive or leave standing on a road a motor vehicle to which is affixed a trade plate that displays a colourable imitation of a trade plate label; or (c) drive or leave standing on a road a motor vehicle to which is affixed a trade plate that displays a trade plate label issued in respect of another trade plate; or (d) without lawful excuse, have in his or her possession a trade plate label or an article resembling a trade plate label that is liable to be mistaken for a trade plate label. Maximum penalty: $1 250. 75—Offence to drive written-off vehicle on road (1) A person must not drive a notified written-off vehicle on a road except to or from— (a) a place at which the vehicle is to be or has been repaired; or (b) a place at which the vehicle is to be or has been inspected by an authorised officer.

Licenses and permits Safety and road rules compliance

Criminal Law Consolidation Act 1935 (SA)

Drives, driver's licence

19A—Causing death or harm by use of vehicle or vessel (1) A person who— (a) drives a vehicle or operates a vessel in a culpably negligent manner, recklessly, or at a speed or in a manner dangerous to any person; and (b) by that culpable negligence, recklessness or other conduct, causes the death of another, is guilty of an indictable offence. Maximum penalty: a) where a motor vehicle or motor vessel was used in the commission of the offence— (i) for a first offence that is a basic offence—imprisonment for 15 years and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (ii) for a first offence that is an aggravated offence or for any subsequent offence—imprisonment for life and, in the case of an offence involving the use of a motor vehicle, disqualification from holding or obtaining a driver's licence for 10 years or such longer period as the court orders; (b) where neither a motor vehicle nor motor vessel was used in the commission of the offence—imprisonment for 7 years. (3) A person who— (a) drives a vehicle or operates a vessel in a culpably negligent manner, recklessly, or at a speed or in a manner dangerous to any person; and (b) by that culpable negligence, recklessness or other conduct, causes harm to another, is guilty of an indictable offence. Maximum penalty:

19AB—Leaving accident scene etc after causing death or harm by careless use of vehicle or vessel (1) A person who— (a) drives a vehicle or operates a vessel without due care or attention; and (b) by that conduct, causes the death of another; and


http://www.austlii.edu.au/au/legis/sa/consol_reg/mvr2010281/s71.html#written-off_vehicle

http://www.austlii.edu.au/au/legis/sa/consol_reg/mvr2010281/s75.html#notified_written-off_vehicle

http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s5.html#drive

http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s171.html#harm

http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s5.html#vehicle

http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s5.html#vessel




http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s144g.html#conduct

http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s5.html#motor_vehicle

http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s5.html#motor_vessel

http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s5.html#basic_offence




http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s5.html#court

http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s5.html#aggravated_offence



http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s5.html#court


http://www.austlii.edu.au/au/legis/sa/consol_act/clca1935262/s5.html#motor_vessel














(c) fails to satisfy the statutory obligations of a driver of a vehicle or an operator of a vessel (as the case may be) in relation to the incident, is guilty of an offence. (2) A person who— (a) drives a vehicle or operates a vessel without due care or attention; and (b) by that conduct, causes physical harm to another; and (c) fails to satisfy the statutory obligations of a driver of a vehicle or an operator of a vessel (as the case may be) in relation to the incident, is guilty of an offence.

Tasmania

Vehicle and Traffic Act 1999 (TAS)

Drive

SECT 3 - Interpretation (1) In this Act, unless the contrary intention appears – ADR means a national standard under the Motor Vehicle Standards Act 1989 of the Commonwealth, as amended and in force from time to time; ancillary certificate means one of the following: (a) a certificate authorising the holder to provide driving instruction for reward; (b) a certificate authorising the holder to drive a public passenger vehicle;


Drive, driver's licence

SECT 8 PART 3 - Motor Vehicle Drivers Division 1 - Licensing of drivers 8. Requirement to hold driver licence (1) A person must not drive a motor vehicle on a public street unless the person – (a) holds a driver licence under this Act authorising the person to drive a motor vehicle of the relevant class; or (b) is exempt, under subsection (2), from the requirement to hold a driver licence under this Act authorising the person to drive a motor vehicle of the relevant class; or (c) is exempted by the regulations from the requirement to hold a driver licence authorising the person to drive a motor vehicle of the relevant class.


Driver's licence, natural person

SECT 10. Eligibility to hold licence (1) A person is eligible to hold a driver licence of a particular class if the person – (a) is a natural person resident in Tasmania; and (b) either – (i) complies with the eligibility criteria for a driver licence of the relevant class prescribed by the regulations; or (ii) is eligible to hold a driver licence of the relevant class under the principle of mutual recognition.


Driver

SECT 46 PART 7 - Compliance and Enforcement 46. Power to stop vehicle (1) A police officer or an authorised officer may direct or signal the driver of a motor vehicle or combination to stop the motor vehicle or combination – (a) so that the driver may be asked to produce for inspection any document that the driver may be required by the officer to produce under this Part; or … (2) A person must – (a) comply with a direction or signal given by a police officer or an authorised officer under subsection (1) or subsection (1A); and (b) keep the vehicle stationary for as long as the police officer or the authorised officer reasonably requires.


Driving or in charge of, Australian driver license

SECT 46A. Carriage and production of driver licence, &c. (1) The holder of an Australian driver licence, while driving, or in charge of, a motor vehicle on a public street, or instructing a person learning to drive a motor vehicle on a public street, must – (a) carry the Australian driver licence; and (b) produce the licence for inspection by a police officer or an authorised officer when requested to do so by the officer.

Licenses and permits Enforcement interaction

Driver, driving

SECT 47. Production of documents by drivers and persons in charge of vehicles (1) If a police officer or an authorised officer asks the driver of a motor vehicle to produce for inspection a document that is required under this or any other Act to be carried by the driver while driving or to be carried in or on the vehicle, the driver must produce the document forthwith for inspection by the officer. (5) It is a defence to a charge of an offence against this section to establish – (a) that – (i) the relevant document had been lost or destroyed; and (ii) it was impracticable in the circumstances to have a replacement document available for inspection at the time of the request; and (iii) the defendant gave the Registrar or the Commission a statutory declaration setting out the circumstances of the loss or destruction of the document within 7 days after the date of the request for its production; or (b) that – (i) the relevant document is in the possession of someone else; and (ii) the defendant has made reasonable attempts without success to obtain the document from that other person; and (iii) the defendant gave the Registrar or the Commission a statutory declaration setting out the name and address of the person who has possession of the document within 7 days after the date of the request for its production.


Drive, driver's licence, driving practices, driving instruction,

driving, licence, ancillary certificate or exemption

SECT 56. Tests and examinations of drivers (1) The Registrar may require a person who is authorised or entitled to drive motor vehicles of a particular class in Tasmania under a driver licence, ancillary certificate or exemption to undergo a test or assessment, or provide other evidence to the Registrar's satisfaction, that the person – (a) is competent to drive motor vehicles of the relevant class and is a suitable person to drive such vehicles; and (b) has adequate knowledge of safe driving practices and adequate skill in their application; and (c) in the case of the holder of an ancillary certificate in driving instruction – is a suitable person to provide instruction in the driving of motor vehicles of the relevant class. (2) The Registrar may require a person who is authorised or entitled to drive motor vehicles of a particular class in Tasmania under a licence, ancillary certificate or exemption to submit to a medical examination (at the person's own expense) by a medical practitioner or a registered health care practitioner, or to produce other evidence to the Registrar's satisfaction, that the person complies with relevant standards of physical and mental fitness to drive motor vehicles of the relevant class. (3) The Registrar may require a person who is authorised or entitled to drive motor vehicles of a particular class in Tasmania under a licence, ancillary certificate or exemption to submit to a test to satisfy the Registrar that the person has an adequate knowledge of the law governing road traffic. (4) A requirement under this section is made by a notice in writing – (a) addressed to the person who is required to comply with the requirement; and (b) specifying the time within which compliance is required; and (c) served on the person required to comply. (5) A person must comply with a requirement under this section.


Road Rules 2009 (TAS)

Driver

REG 14 Division 2 - Road users and vehicles Road users A road user is a driver, rider, passenger or pedestrian.


Driver REG 16 Who is a driver (1) A driver is the person who is driving a vehicle (except a motor bike, bicycle, animal or animal-drawn vehicle).

















Driver, drive, proper control, driver’s lap,

297. Driver to have proper control of a vehicle, &c. (1) A driver must not drive a vehicle unless the driver has proper control of the vehicle. (1A) A person must not drive a vehicle if a person or an animal is in the driver’s lap. (2) A driver must not drive a motor vehicle unless the driver has a clear view of the road, and traffic, ahead, behind and to each side of the driver. (3) The rider of a motor bike must not ride with an animal on the motor bike between the rider and the handlebars, or in another position that interferes with the rider’s ability to control the motor bike or to have a clear view of the road. (4) Subrule (3) does not apply to the rider of a motor bike who rides with an animal between the rider and the handle bars for a distance of not more than 500 metres on a road for the purpose of a farming activity that the rider is carrying out.


Driver REG 298 Driving with a person in a trailer A driver must not drive a motor vehicle towing a trailer with a person in or on the trailer, unless the trailer is exempt from this rule under another law of this jurisdiction.


Parks

REG 376 PART 23 - Local Exemptions Division 1 - Exemption permits and certificates Exemption permits and certificates (5) A person who in reliance on an exemption permit parks a vehicle otherwise than in accordance with a parking control sign must display the permit prominently – (a) on the windscreen of the vehicle if it has one; or (b) At the front of the vehicle if it does not have a windscreen. (7) The holder of an exemption permit or exemption certificate must immediately produce that permit or certificate to a police officer or authorised person for inspection on demand.


Driver, driver’s vehicle

REG 351 References to left and right (1) In applying the Road Rules to a person , a reference to left is a reference to – (a) in relation to the person – the left-hand side of the person ; or (b) In relation to a line, sign or anything else – the left-hand side of the line, sign or other thing when viewed from the person’s perspective. (2) In applying the Road Rules to a person , a reference to right is a reference to – (a) in relation to the person – the right-hand side of the person ; or (b) in relation to a line, sign or anything else – the right-hand side of the line, sign or other thing when viewed from the person’s perspective. (3) A driver drives to the left, or right, of a line, sign or anything else only if the driver’s vehicle is completely to the left, or right, of the line, sign or other thing.


Drive

REG 226 Division 4 - Portable warning triangles for heavy vehicles 226. Heavy vehicles to be equipped with portable warning triangles (1) A person must not drive a vehicle with a GVM over 12 tonnes unless the vehicle is equipped with at least 3 portable warning triangles. (2) The person must produce the portable warning triangles for inspection if the person is directed to do so by a police officer or an authorised person.

Safety and road rules compliance Enforcement interaction

Drive

REG 225 Using radar detectors and similar devices (1) A person must not drive a vehicle if the vehicle, or a trailer being towed by the vehicle, has in or on it a device for preventing the effective use of a speed measuring device, or a device for detecting the use of a speed measuring device, unless the person is exempt from this rule under another law of this jurisdiction. (2) A person who is travelling in or on a vehicle or trailer must not have in his or her possession a device for preventing the effective use of a speed measuring device, or a device for detecting the use of a speed measuring device, unless the person is exempt from this rule under another law of this jurisdiction.

Safety and road rules compliance Vehicle compliance requirements

Driving, drive

REG 367 367. Driving without due care, &c. (1) A person must not drive without due care and attention. (2) A person must not drive without reasonable consideration for other road users.


Driver, his or her, driving

REG 313B 313B. Exemption for breakdown vehicles (1) Another law of this jurisdiction may provide that a provision mentioned in subrule (2) does not apply to the driver of a breakdown vehicle while – (a) the driver is engaged in repairing a disabled vehicle or is assisting a person to gain access to a vehicle in which the person has locked his or her vehicle access key; and (b) the driver is unable to comply with the provision; and (c) the breakdown vehicle is displaying a flashing light; and (d) The driver is acting safely. (3) In this rule – breakdown vehicle means any vehicle driven by a person who is – (a) a breakdown worker; and (b) driving the vehicle in the course of his or her duties as a breakdown worker;


Driver, drive, proper control, driver’s lap

297. Driver to have proper control of a vehicle, &c. (1) A driver must not drive a vehicle unless the driver has proper control of the vehicle. (1A) A person must not drive a vehicle if a person or an animal is in the driver’s lap. (2) A driver must not drive a motor vehicle unless the driver has a clear view of the road, and traffic, ahead, behind and to each side of the driver. (3) The rider of a motor bike must not ride with an animal on the motor bike between the rider and the handlebars, or in another position that interferes with the rider’s ability to control the motor bike or to have a clear view of the road. (4) Subrule (3) does not apply to the rider of a motor bike who rides with an animal between the rider and the handle bars for a distance of not more than 500 metres on a road for the purpose of a farming activity that the rider is carrying out.


Driver, driver’s required particulars, driver’s

representative

REG 287 PART 18 - Miscellaneous road rules Division 1 - Miscellaneous rules for drivers 287. Duties of a driver involved in a crash (1) A driver involved in a crash must comply with this rule. (2) The driver must stop at the scene of the crash and give the driver’s required particulars, within the required time and, if practicable, at the scene of the crash, to –(a) any other driver (or that driver’s representative) involved in the crash; and (b) any other person involved in the crash who is injured, or the person ’s representative; and (c) the owner of any property (including any vehicle) damaged in the crash (or the owner’s representative), unless, in the case of damage to a vehicle, the particulars are given to the driver of the vehicle (or the driver’s representative). (3) The driver must also give the driver’s required particulars, within the required time, to a police officer if – (a) anyone is killed or injured in the crash; or (b) the driver does not, for any reason, give the driver’s required particulars to each person mentioned in subrule (2); or (c) the required particulars for any other driver involved in the crash are not given to the driver; or (d) a vehicle involved in the crash is towed or carried away by another vehicle (except if another law of this jurisdiction provides that the crash is not required to be reported); or (e) the crash is required to be reported to a police officer under another law of this jurisdiction.


Driver REG 356 Division 2 - Livestock, &c., on roads 356. Stopping for livestock (1) A driver whose progress along a road is obstructed by livestock must –



(a) stop before reaching the livestock; and (b) not proceed until the person leading the livestock has cleared a way for the driver to proceed safely. Penalty: Fine not exceeding 10 penalty units. (2) Subrule (1) does not apply if a driver approaching moving livestock from behind slows to the speed of the livestock and follows them at a safe distance. (3) When a driver has stopped or slowed for livestock in accordance with this rule the person leading the livestock must, as soon as practicable, move the livestock to clear a way for the driver to proceed, or proceed further, safely.

Drive REG 291 291. Making unnecessary noise or smoke A person must not start a vehicle, or drive a vehicle, in a way that makes unnecessary noise or smoke.


Driver, driver’s seat, in control

REG 294 294. Keeping control of a vehicle being towed (1) The driver of a motor vehicle must not tow another motor vehicle unless – (a) either – (i) the driver can control the movement of the towed vehicle; or (ii) the brakes and steering of the towed vehicle are in working order and a person who is licensed to drive the towed vehicle is sitting in the driver’s seat of the towed vehicle, and is in control of its brakes and steering; and (b) it is safe to tow the towed vehicle. (2) The driver of a motor vehicle must not tow a trailer unless – (a) the driver can control the movement of the trailer; and (b) it is safe to tow the trailer.


Driver, drive

REG 292 292. Insecure or overhanging load A driver must not drive or tow a vehicle if the vehicle is carrying a load that – (a) is not properly secured to the vehicle; or (b) is placed on the vehicle in a way that causes the vehicle to be unstable; or (c) projects from the vehicle in a way that is likely to injure a person , obstruct the path of other drivers or pedestrians, or damage a vehicle or anything else (for example, the road surface).


Driver, drive, driving

REG 156 156. Transit lanes (1) A driver must not drive in a transit lane unless – (a) the driver is driving – (i) a public bus, public minibus, motor bike, taxi or tram; or (ii) if the transit lane sign applying to the transit lane is a transit lane (T2) sign – a vehicle carrying at least one other person ; or (iii) if the transit lane sign applying to the transit lane is a transit lane (T3) sign – a vehicle carrying at least 2 other people; or


Driver

REG 301 Division 2 - Rules for people in charge of animals 301. Leading an animal while in or on a vehicle (1) The driver of a motor vehicle must not lead an animal, including by tethering the animal to the motor vehicle, unless the driver is permitted to do so under another law of this jurisdiction. (2) A person who is a passenger in, or on any part of, a motor vehicle must not lead an animal while the motor vehicle is moving unless the passenger is permitted to do so under another law of this jurisdiction.


Driver, driving

REG 164 164. Stopping beside a stopped tram at a tram stop (1) A driver must comply with this rule if – (a) the driver is driving alongside, or overtaking, a tram travelling in the same direction as the driver; and (b) the tram stops at a tram stop, except at the far left side of the road; and (c) there is no safety zone, dividing strip or traffic island between the tram and the part of the road where the driver is driving. (2) The driver must stop. (3) After stopping in accordance with subrule (2), the driver must not proceed if – (a) the tram doors are open; or (b) a pedestrian is entering or crossing the road between the tram tracks and the far left side of the road. (4) After stopping in accordance with subrule (2), if the tram remains at the tram stop and subrule (3) (a) and (b) do not apply, the driver must not proceed past the tram at a speed greater than 10 kilometres per hour. (5) However, subrules (2), (3) and (4) do not apply if the driver is directed to drive past the tram by an authorised person.


Driver, driving

REG 163 163. Driving past the rear of a stopped tram at a tram stop (1) A driver must comply with this rule if – (a) the driver is driving behind the rear of a tram travelling in the same direction as the driver; and (b) the tram stops at a tram stop, except at the far left side of the road; and (c) there is no safety zone, dividing strip or traffic island between the tram and the part of the road where the driver is driving. (2) The driver must stop before passing the rear of the tram. (3) After stopping in accordance with subrule (2), the driver must not proceed if – (a) the tram doors are open; or (b) a pedestrian is entering or crossing the road between the tram tracks and the far left side of the road. (4) After stopping in accordance with subrule (2), if the tram remains at the tram stop and subrule (3) (a) and (b) do not apply, the driver must not proceed past the tram at a speed greater than 10 kilometres per hour. (5) However, subrules (2), (3) and (4) do not apply if the driver is directed to drive past the tram by an authorised person. (6) In this rule –tram includes a bus travelling along tram tracks.


Hand signal, driver, right arm, hand, upper arm, forearm, palm

REG 55 55. How to give a stop signal by giving a hand signal (1) To give a hand signal for stopping or suddenly slowing, the driver must extend the right arm and hand at right angles from the right side of the vehicle, with the upper arm horizontal and the forearm and hand pointing upwards, and with the hand open and the palm facing the direction of travel.


Hand signal, driver, right arm, hand, palm

REG 50 50. How to give a right change of direction signal by giving a hand signal To give a hand signal for changing direction to the right, the driver must extend the right arm and hand horizontally and at right angles from the right side of the vehicle, with the hand open and the palm facing the direction of travel.


Hand

REG 54 54. How to give a stop signal (1) The driver of a vehicle must give a stop signal by means of the vehicle’s brake lights. (2) However, if the vehicle’s brake lights are not in working order or are not clearly visible, or the vehicle is not fitted with brake lights, the driver must give the stop signal by giving a hand signal in accordance with rule 55, or using a mechanical signalling device fitted to the vehicle.


Driver, hand signal REG 49 Safety and road rules compliance


49. How to give a right change of direction signal (1) The driver of a vehicle must give a right change of direction signal by operating the vehicle’s right direction indicator lights. (2) However, if the vehicle’s direction indicator lights are not in working order or are not clearly visible or the vehicle is not fitted with direction indicator lights, the driver must give the change of direction signal by giving a hand signal in accordance with rule 50, or using a mechanical signalling device fitted to the vehicle.

Driver. Driver’s body, pocket of the driver's clothing or in a

pouch worn by the driver, her or his hand

REG 300 300. Use of mobile phones (1) The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless – (a) the phone is being used to make or receive a phone call (other than a text message, video message, email or similar communication) and the body of the phone – (i) is secured in a mounting affixed to the vehicle while being so used; or (ii) is not secured in a mounting affixed to the vehicle and is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or to otherwise manipulate any part of the body of the phone; or (ab) the phone is being used as a driver's aid and – (i) the body of the phone is secured in a mounting affixed to the vehicle while being so used; and (ii) the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or otherwise to manipulate any part of the body of the phone; or (b) the vehicle is an emergency vehicle or a police vehicle; or (c) the driver is exempt from this rule under another law of this jurisdiction. (2) For the purposes of this rule, a mobile phone is secured in a mounting affixed to the vehicle if, and only if – (a) the mounting is commercially designed and manufactured for that purpose; and (b) the mobile phone is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer. (3) For the purposes of this rule, a driver does not use a phone to receive a text message, video message, email or similar communication if – (a) the communication is received automatically by the phone; and (b) on and after receipt, the communication itself (rather than any indication that the communication has been received) does not become automatically visible on the screen of the phone. (4) In this rule – affixed to, in relation to a vehicle, includes forming part of the vehicle; body, in relation to a mobile phone, means the part of the phone that contains the majority of the phone's mechanisms; held includes held by, or resting on, any part of the driver's body, but does not include held in a pocket of the driver's clothing or in a pouch worn by the driver; mobile phone does not include a CB radio or any other two-way radio; use, in relation to a mobile phone, includes any of the following actions by a driver: (a) holding the body of the phone in her or his hand (whether or not engaged in a phone call); (b) entering or placing, other than by the use of voice, anything into the phone, or sending or looking at anything that is in the phone; (c) turning the phone on or off; (d) operating any other function of the phone.


Driver REG 268 268. How persons must travel in or on a motor vehicle (4) The driver of a motor vehicle (except a bus) must not drive with a passenger if any part of the passenger’s body is outside a window or door of the vehicle.


Driver

REG 213 213. Making a motor vehicle secure (1) This rule applies to the driver of a motor vehicle who stops and leaves the vehicle on a road, except so far as the driver is exempt from this rule under another law of this jurisdiction. (2) Before leaving the vehicle, the driver must apply the parking brake effectively or, if weather conditions (for example, snow) would prevent the effective operation of the parking brake, effectively restrain the motor vehicle's movement in another way.


Driver

REG 266 266. Wearing of seatbelts by passengers under 16 years old (1) The driver of a motor vehicle (except a bus or motor bike) that is moving, or is stationary but not parked, must ensure that this rule is complied with for each passenger in or on the vehicle who is under 16 years old.


Driver

SCHEDULE 6 - Jurisdictional qualifications PART 1 - Jurisdictional qualifications for specific rules (2) For rule 197(1)(b), a driver is permitted to stop on a nature strip if – (a) the nature strip is in a built-up area; and (b) the driver is the owner or occupier of a private residence on adjacent land that is contiguous with the nature strip; and


Driver, driving

REG 145 145. Driver being overtaken not to increase speed If a driver is overtaking another driver on a two-way road by crossing a dividing line, or crossing to the right of the centre of the road, the other driver must not increase the speed at which the driver is driving until the first driver - (a) has passed the other driver; and (b) has returned to the marked lane or line of traffic where the other driver is driving; and (c) is a sufficient distance in front of the other driver to avoid a collision.


Driver

REG 75A 75A. Avoiding off-road collisions and dangers 1) If 2 or more drivers are converging on the same place at such speed and in such manner that there is a reasonable likelihood that their vehicles would collide or create a dangerous situation if the drivers were to proceed to that place at that speed and in that manner, a driver having a converging vehicle on his or her right must give way to that vehicle.


Passenger Transport Services Act 2011 - (TAS)

Driver

SECT 3. Interpretation (1) In this Act, unless the contrary intention appears – accredited operator means a person holding accreditation; employee includes a person engaged, either directly or indirectly, under a contract for services; passenger, of a motor vehicle, includes the driver of the motor vehicle;


Police Powers (Public Safety) Act 2005 (TAS)

Driving, in charge of

SECT 19. Power to search vehicles (1) A police officer may, without a warrant, stop and search a vehicle, and anything in or on the vehicle, if – (a) the police officer suspects on reasonable grounds that the vehicle is a designated vehicle; or (b) the police officer suspects on reasonable grounds that a person in or on the vehicle is a designated person; or (c) the vehicle is in an area that is a designated area. (2) A police officer may detain a vehicle for so long as is reasonably necessary to conduct a search under this section. (3) A police officer may direct the person driving or in charge of a vehicle searched under this section not to take the vehicle into, to remove the vehicle from, or keep the vehicle in, an area that is a designated area.


Western Australia

Road Traffic Act 1974 (WA)


Driver, co-driver

SECT 28 . Term used: person connected In this Part — person connected with a vehicle means a person who is — (a) the driver of the vehicle; or (b) a co-driver of the vehicle; or (c) a responsible person for the vehicle; or (d) a consignor of goods that are in or on the vehicle; or (e) a loader in relation to the vehicle; or (f) a packer of goods that are in or on the vehicle.


Driven, driver, driver’s licence

SECT 54 . Driver in incident occasioning bodily harm to stop, ensure assistance and give information (1) If a vehicle driven by a person (the driver ) is involved in an incident occasioning bodily harm to another person, the driver must stop immediately after the occurrence of the incident and for as long as is necessary to comply with subsections (2) and (6). (2) If a vehicle driven by a person (the driver ) is involved in an incident occasioning bodily harm to another person (a victim ), the driver must ensure that each victim receives all the assistance, including medical aid, that is necessary and practicable in the circumstances. (3) A person who contravenes subsection (1) or (2) commits a crime. (4) If in the opinion of the court an offence under subsection (3) is of a sufficiently serious nature the court may make an order disqualifying the offender from holding or obtaining a driver’s licence for such period as it thinks fit. (5) It is a defence to a charge of an offence under subsection (3) for the accused to prove that the accused was not aware of the occurrence of the incident. (6) If a vehicle driven by a person (the driver ) is involved in an incident occasioning bodily harm to another person (a victim ), the driver must, if required to do so by a victim, a representative of a victim, or a police officer, give the driver’s name and address and, if known to the driver, the name and address of a responsible person for the vehicle. (7) It is a defence to a charge of an offence under subsection (3) or (6) for the accused to prove that the accused could not comply with a requirement in the relevant provision because of an injury suffered by the accused in the incident.


Driven, driver, driver’s licence

SECT 55 . Driver in incident occasioning property damage to stop and give information (1) If a vehicle driven by a person (the driver) is involved in an incident in which any property is damaged, the driver must stop immediately after the occurrence of the incident and for as long as is necessary to comply with subsection (4). (2) If in the opinion of the court an offence under subsection (1) is of a sufficiently serious nature the court may make an order disqualifying the offender from holding or obtaining a driver’s licence for such period as it thinks fit. (3) It is a defence to a charge of an offence under subsection (1) for the accused to prove that the accused was not aware of the occurrence of the incident. (4 If a vehicle driven by a person (the driver ) is involved in an incident in which any property is damaged, the driver must, if required to do so by a person whose property was damaged in the incident or a representative of that person or a police officer, give the driver’s name and address and, if known to the driver, the name and address of a responsible person for the vehicle. (5) It is a defence to a charge of an offence under subsection (1) or (4) for the accused to prove that the accused could not comply with a requirement in that subsection because of an injury suffered by the accused in the incident.


Driven, driver

SECT 56 Driver in incident occasioning bodily harm or property damage to report incident to police (1) If a vehicle driven by a person (the driver ) is involved in an incident occasioning bodily harm to another person, the driver must report the incident forthwith to the officer in charge of a police station. (2) If a person contravenes subsection (1) and the incident occasioned death or grievous bodily harm, the person commits a crime. (3) If a person contravenes subsection (1) and the incident did not occasion death or grievous bodily harm, the person commits an offence. (4) If a vehicle driven by a person (the driver ) is involved in an incident in which any property is damaged the driver must report the incident forthwith to the officer in charge of a police station. (a) for a first offence, a fine of 8 PU; (b) for a subsequent offence, a fine of 16 PU. (5) It is a defence to a charge of an offence under subsection (2), (3) or (4) for the accused to prove that — (a) the accused could not comply with a requirement in the relevant provision because of an injury suffered by the accused in the incident; or (b) a police officer attended at the scene of the incident and took the necessary particulars of the incident. (6) It is a defence to a charge of an offence under subsection (4) for the accused to prove — (a) that the accused had reasonable cause for believing that the total value of the damage did not exceed the amount prescribed for the purposes of this subsection; and (b) that the owner, in each case, of any property damaged was present or represented at the place where and at the time when, or immediately after, the incident occurred.


Control, driving, in charge or control

SECT 57 . Owner etc. of vehicle occasioning bodily harm etc. to help police identify driver etc. (1) Where the use of a motor vehicle has occasioned, or been an immediate or proximate cause of, the death of a person or bodily harm to a person, a responsible person for the vehicle and any person to whom the possession or control of the vehicle was entrusted shall, if required by a police officer, give any information which it is in his power to give which may lead to the identification of the person who was driving or who was in charge or control of the vehicle at the time when the use of the vehicle occasioned or was an immediate or proximate cause of the death or bodily harm. (2) A person who is required under subsection (1) by a police officer to give information must not in response to the request give false information.


Driven, driver, proper control

SECT 59 . Dangerous driving causing death or grievous bodily harm (1) If a motor vehicle driven by a person (the driver ) is involved in an incident occasioning the death of, or grievous bodily harm to, another person and the driver was, at the time of the incident, driving the motor vehicle — (a) while under the influence of alcohol, drugs, or alcohol and drugs to such an extent as to be incapable of having proper control of the vehicle; or (b) in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or to any person, the driver commits a crime and is liable to the penalty in subsection (3). (2A) For an offence against this section that was committed before the day on which the Manslaughter Legislation Amendment Act 2011 section 6(1) came into operation 1 amending subsection (1), subsection (1) applies as if that amendment had not been made. (2) For the purposes of this section — [(a) deleted] (b) it is immaterial that the death or grievous bodily harm might have been avoided by proper precaution on the part of a person other than the person charged or might have been prevented by proper care or treatment; and (c) when an incident occasions grievous bodily harm to a person and that person receives surgical or medical treatment, and death results either from the harm or the treatment, the incident is deemed to have occasioned the death of that person, although the immediate cause of death was the surgical or medical treatment if the treatment was reasonably proper in the circumstances and was applied in good faith. (3) A person convicted on indictment of an offence against this section is liable — (a) if the offence is against subsection (1)(a), or the offence is against subsection (1)(b) and is committed in circumstances of aggravation, to a fine of any amount and to imprisonment for — (i) 20 years, if the person has caused the death of another person; or (ii) 14 years, if the person has caused grievous bodily harm to another person; or (b any other circumstances, to a fine of any amount and to imprisonment for — (i) 10 years, if the person has caused the death of another person; or (ii) 7 years, if the person has caused grievous bodily harm to another person, and, in any event, the court convicting that person shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 2 years. (4A) A court sentencing a person for an offence against this section committed in the circumstance of aggravation referred to in section 49AB(1)(c) must — (a) sentence the person to a term of imprisonment of at least 12 months; and (b) not suspend the term of imprisonment. (4B) Subsection (4A) applies whether the person was convicted on indictment or summarily and despite the Sentencing Act 1995 Part 5. (4) On the summary trial of a person charged with an offence against this section the person may, instead of being convicted of that offence, be convicted of an offence against section 59A, 61 or 62.


Person / driver SECT 60 . Reckless driving Safety and road rules compliance


1) Every person who wilfully drives a motor vehicle in a manner (which expression includes speed) that is inherently dangerous or that is, having regard to all the circumstances of the case, dangerous to the public or to any person commits an offence.

Drives SECT 61 . Dangerous driving (1) Every person who drives a motor vehicle in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or to any person commits an offence.


Drives SECT 62 . Careless driving Every person who drives a motor vehicle without due care and attention commits an offence.


Driver SECT 64A Certain persons driving with blood alcohol content of or above 0.02 (5) Subsection (4) applies to a motor vehicle — (a) that is equipped to seat more than 12 adult persons ( including the driver ), if, at the relevant time, the vehicle is carrying passengers, whether or not the passengers are being carried for hire or reward; or


Person / driver SECT 90 . Unlawfully interfering with parts of motor vehicles Any person who unlawfully interferes with the mechanism or parts of any motor vehicle shall be guilty of an offence under this Act. Vehicle compliance requirements

Road Traffic (Vehicles) Act 2012 (WA)

Drive, co-driver

SECT 88 . Duty of driver (1) A person must not drive, or be a co-driver of, a vehicle loaded with a consigned freight container on a road in this State without ensuring that the driver or a co-driver of the vehicle has been provided with a complying container weight declaration relating to the container. (2) A person who is the driver or a co-driver of a vehicle loaded with a consigned freight container who has been provided with a complying container weight declaration relating to the container must, during the course of a journey in this State, keep the declaration in or about the vehicle or in a form that enables the declaration to be readily accessed from the vehicle. (3) In a prosecution for an offence under subsection (1) or (2) the person charged has the benefit of the reasonable steps defence.


Road Traffic (Vehicles) Regulations 2014 (WA)

Driver bus means a motor vehicle built mainly to carry people that seats more than 9 adults (including the driver); Vehicle compliance requirements

Driver

car means a motor vehicle built mainly to carry people that — (a) seats not more than 9 adults (including the driver); and (b) has a body commonly known as a sedan, station wagon, utility, coupe, convertible or roadster; and (c) has 4 or more wheels;


Driver, drive

248. Motor vehicle view and controls A motor vehicle must be built — (a) to allow the driver a view of the road and of traffic to the front and sides of the vehicle so the driver can drive the vehicle safely; and (b) with its controls located so the driver can drive the vehicle safely.


Seat, driver 249. Seating A seat for a driver or passenger in a vehicle must be securely attached to the vehicle


Driver, see

252. Motor vehicle rear vision mirrors (1) A rear vision mirror or mirrors must be fitted to a motor vehicle as required by this regulation so that a driver of the vehicle can clearly see by reflection the road behind the vehicle and any following or overtaking vehicle


Driven, driver, normal driving position

246. Motor vehicles to travel backwards and forwards A motor vehicle with an unloaded mass over 450 kg must be able to be driven both backwards and forwards when the driver is in the normal driving position 258. Motor vehicle TVs, VDUs (1) A television receiver or visual display unit must not be installed in or on a motor vehicle so any part of the image on the screen is visible to the driver from the normal driving position. (2) However, subregulation (1) does not apply to — (a) a television receiver or visual display unit that cannot be operated when the vehicle is moving; or (b) a driver’s aid in any vehicle or a destination sign in a bus. (3) A television receiver, or visual display unit, and its associated equipment in or on a motor vehicle must be securely mounted in a position that — (a) does not obscure the driver’s view of the road; and (b) does not impede the movement of a person in the vehicle. 292. Changing headlights from high-beam to low-beam position for motor vehicles (1) A motor vehicle built after 1934 that can travel at over 60 km/h must be fitted with — (a) a dipping device enabling the driver in the normal driving position — (i) to change the headlights from the high-beam position to the low-beam position; or (ii) simultaneously to switch off a high-beam headlight and switch on a low-beam headlight; and (b) for a vehicle built after June 1953 — a device to indicate to the driver that the headlights are in the high-beam position. 330. Mechanical signalling devices (1) A mechanical signalling device required by regulation 329 must — (a) be fitted to the right side of the motor vehicle; and (b) be able to be operated by the driver from a normal driving position; and 331. Turn signals A turn signal required by regulation 329 must — (a) consist of a steady or flashing illuminated yellow sign at least 150 mm long and 25 mm wide that — (i) when in operation — is kept horizontal; and (ii) when not in operation — is kept in a position so it is unlikely that the driver of another vehicle or anyone else would regard it as a signal; and (b) be fitted to the side of the motor vehicle at least 500 mm and not over 2.1 m above ground level, in a position so the driver of the vehicle, from the normal driving position, can see

whether the signal is in operation; and (c) be able to be operated by the driver from the normal driving position; and (d) when in operation, be visible from both the front and rear of the vehicle at a distance of 30 m. 337. Operation of brakes on motor vehicles The braking system on a motor vehicle must be arranged to allow the driver of the motor vehicle to apply the brakes from a normal driving position. 340. Operation of brakes on trailers



(1) The braking system of a trailer with a GTM of more than 2 t must allow the driver of a motor vehicle towing the trailer to operate the brakes from a normal driving position. 341. Air brakes or vacuum brakes on trailers (4) An air or vacuum storage system required by this regulation must — (a) be built to give a visible or audible warning to the driver of the towing vehicle, while in a normal driving position, of a lack of air or vacuum that would prevent the brakes from meeting

the performance standards of regulation 335; and (b) be safeguarded by a check valve or other device against loss of air or vacuum if the supply fails or leaks.

Driver’s seat, right hand side of the driver

409. General equipment (3) The driver’s seat on a tow truck must be so constructed that no person can occupy any portion of the seat on the right hand side of the driver. (4) A tow truck must be equipped with suitable spacer bars and safety chains to enable the driver of the tow truck to exercise efficient control over the towed vehicle while it is being towed and the

spacer bars must be so designed as to minimise any damage to the towed vehicle caused by the towing vehicle or its equipment.


Driver,

418. Towing articulated vehicles (3) A police officer who, under subregulation (2), authorises the towing of an articulated vehicle — (a) may impose conditions about the towing including conditions relating to the route to be taken or the speed at which the vehicle is to be towed; and (b) unless the police officer intends to be present throughout the towing operation, must give the driver of the tow truck written authorisation containing these particulars — (i) the tow truck’s number plate details; (ii) the identifying particulars of the articulated vehicle to be towed; (iii) the place from where the articulated vehicle is to be moved; (iv) the place to where the articulated vehicle is to be moved; (v) the date, time, and period during which, towing is authorised; (vi) the conditions to be observed whilst towing. (4) Each driver of a tow truck that is the subject of a written authorisation under subregulation (3)(b) must comply with each condition set out in the authorisation. Penalty: (a) for a first offence, a fine of 2 PU; (b) for a second or subsequent offence, a fine of 4 PU. (5) Each driver of a tow truck that is the subject of a written authorisation under subregulation (3)(b) must ensure that the authorisation is kept in the tow truck. Penalty: (a) for a first offence, a fine of 2 PU; (b) for a second or subsequent offence, a fine of 4 PU. (6) Each driver of a tow truck that is the subject of a written authorisation under subregulation (3)(b) must produce the authorisation to a police officer if required by that officer to do so. Penalty for an offence under this subregulation: (a) for a first offence, a fine of 2 PU; (b) for a second or subsequent offence, a fine of 4 PU. 419. Tow truck driver’s statement (1) Subject to regulation 420, the driver of a tow truck must not tow or salvage any vehicle from the scene of an accident until the driver has completed in duplicate a statement containing

these particulars — (a) the name and address of the person licensed to operate the tow truck; (b) the name and address of the tow truck’s driver; (c) the tow truck’s number plate details; (d) the name and address of the owner of the vehicle to be towed or salvaged, if that is known; (e) if the removal of the vehicle to be towed or salvaged is authorised by a police officer, the police officer’s name and number assigned for official purposes; (f) otherwise, the name and address of the person authorising the vehicle to be towed or salvaged; (g) the make and number plate details of the vehicle to be towed or salvaged; (h) the place from where the vehicle is to be moved; (i) the place to where the vehicle is to be moved; (j) the date and time at which the authority to tow or salvage is signed, and has signed, and obtained the signature of the person authorising the tow or salvage to, both copies of that statement when so completed. (2) If the removal of the vehicle to be towed or salvaged is authorised by a police officer, the police officer must sign the statement under subregulation (1) for the vehicle to be towed or salvaged. (3) The driver of a tow truck must not tow or salvage a vehicle unless the original of the signed completed statement under subregulation (1) has been given to the person authorising the tow or

salvage. Penalty: (a) for a first offence, a fine of 2 PU; (b) for a second or subsequent offence, a fine of 4 PU. (4) The driver of a tow truck must give a copy of a signed completed statement under subregulation (1) to a responsible person for the vehicle. Penalty: (a) for a first offence, a fine of 2 PU; (b) for a second or subsequent offence, a fine of 4 PU. (5) A responsible person for a tow truck must ensure that each copy of a signed completed statement under subregulation (1) is kept for a period of 12 months. Penalty: (a) for a first offence, a fine of 2 PU; (b) for a second or subsequent offence, a fine of 4 PU. (6) Each driver of a tow truck that is the subject of a statement under subregulation (1) must produce a copy of the statement to a police officer if required by that officer to do so. Penalty for an offence under this subregulation: (a) for a first offence, a fine of 2 PU; (b) for a second or subsequent offence, a fine of 4 PU. 420. Commissioner of Main Roads may authorise tow (1) Despite regulation 419, the driver of a tow truck may tow or attempt to tow away a vehicle from the scene of an accident or breakdown, or from the place of the vehicle’s abandonment, if that

particular tow has first been authorised orally by the Commissioner of Main Roads on behalf of the driver, owner or person in charge of the vehicle. (2) The Commissioner of Main Roads may only give oral authorisation to tow a vehicle if the tow involves removing the vehicle to the nearest place of safety from the scene of the accident or breakdown,

or from the place of the vehicle’s abandonment, and to do so will, in the opinion of the Commissioner, prevent or reduce an obstruction or a danger to the safety of persons or property. (3) If an oral authorisation has given rise to the towing of a vehicle, the driver of the tow truck involved must complete in duplicate the statement of particulars described in regulation 419 (with the

appropriate modifications) within 24 hours of the completing of the towing job. (4) The driver of a tow truck, who is required to complete a statement under subregulation (3), must deliver the original of the completed statement to the person authorising the tow, or that person’s

representative.



(5) The driver of a tow truck, who is required to complete a statement under subregulation (3), must give the duplicate of the signed completed statement to a responsible person for the vehicle. (6) The responsible person given a duplicate of a statement under subregulation (5) must retain the statement for a period of 12 months. Penalty for an offence under subregulation (3), (4), (5) or (6): (a) for a first offence, a fine of 2 PU; (b) for a second or subsequent offence, a fine of 4 PU.

Driving

475. Evidence of declarations, CEO exemption (1) The CEO must issue a document setting out the terms of a declaration made, or CEO exemption granted, on an application. (2) If a declaration made, or CEO exemption granted, on application is varied, the CEO must issue a replacement document setting out the new terms of the declaration or exemption. (3) If the CEO is satisfied that a document has been defaced, destroyed, lost or stolen, the CEO must provide, on payment of a fee of $25, a replacement document to the person to whom the document

was issued. 476. Driver to produce declaration, CEO exemption document to police officers A person driving a vehicle in respect of which a document has been issued under regulation 475 must, if required to do so by a police officer, produce the document for inspection. Penalty: a fine of 16 PU. Modified penalty: 4 PU.


Road Traffic (Administration) Act 2008 (WA)

Drive, control, driven, driving driver

drive includes — (a) in relation to a vehicle, to have control over the steering, movement or propulsion of the vehicle; (b) in relation to an animal, to be in control of the animal, regardless of whether the vehicle or animal is usually referred to as being ridden rather than driven; driver means any person driving a vehicle or animal;


Driver, in charge, driver’s licence document or learner’s

permit, co-driver, driving, driver identity request, driver’s seat,

32. Giving name, address etc. (1) In this section — personal details, in relation to a person, means — (a) the person’s full name; and (b) the person’s date of birth; and (c) the address of where the person is living; and (d) the address of where the person usually lives; and (e) the person’s business address. (2) A police officer may direct a person to give the officer then and there any or all of the person’s personal details if those personal details are unknown to the officer and the officer reasonably suspects that the person — (a) is or may be the driver or a person in charge of a vehicle that has been or may have been involved in an incident involving death or bodily harm or damage to property; or (b) has committed or is committing or is about to commit an offence under a road law; or (c) is or may be an involved person; or (d) may be able to assist in the investigation of an offence, or a suspected offence, under a road law; or (e) may be able to give information or evidence in relation to an incident that involved a vehicle and at the scene of which the person was present. (3) If a police officer reasonably suspects that a personal detail given by a person in response to a direction under subsection (2) is false or misleading, the officer may direct the person to produce evidence then and there of the correctness of the detail. (4) A person to whom a direction is given under subsection (2) or (3) must not — (a) without reasonable excuse, fail to comply with the direction; or (b) give any detail or produce any evidence that is false or misleading in a material particular in purported compliance with the direction. Penalty: a fine of 50 PU. (5) In a prosecution for an offence under subsection (4)(a), it is a defence for the person charged to prove that the officer did not warn the person that failure to comply with the direction is an offence. (6) In a prosecution for an offence involving the failure to state a business address — (a) it is a reasonable excuse that the person did not have a business address; and (b) it is a defence for the person charged to prove that the person’s business address was not directly or indirectly connected with road transport. 33. Production of driver’s licence document, learner’s permit (1) A police officer may direct the driver of any vehicle to produce then and there the person’s driver’s licence document or learner’s permit, as is relevant in the case. (2) A person to whom a direction is given under subsection (1) must not, without reasonable excuse, fail to comply with the direction. Penalty: a fine of 50 PU. (3) In a prosecution for an offence under subsection (2) it is a defence for the person charged to prove that within a reasonable time after the direction was given, the person produced the driver’s licence document or learner’s permit to the CEO or the Commissioner of Police. 34. Duty to identify offending driver or person in charge of vehicle (1) In this section — responsible person includes a person to whom the possession or control of the vehicle was entrusted at the time of the alleged offence mentioned in subsection (2)(a) or (3)(a), as the case may be. (2) A responsible person for a vehicle commits an offence if — (a) an offence under any written law is alleged to have occurred an element of which is driving or being in charge of the vehicle; and (b) a police officer requests the responsible person to give information which may lead to the identification of the driver or person in charge of the vehicle at the time of the alleged offence; and (c) the responsible person has, or could reasonably have ascertained, the information; and (d) the responsible person fails to give the information. (3) A responsible person for a vehicle commits an offence if — (a) an offence under any written law is alleged to have occurred an element of which is driving or being in charge of the vehicle; and (b) a police officer requests the responsible person to give information which may lead to the identification of the driver or person in charge of the vehicle at the time of the alleged offence; and (c) the responsible person gives false information in response to the request. 35. Duty to take reasonable measures to be able to comply with driver identity request (1) In this section — driver identity request means a request made under a road law for information as to the identity of the person who was driving or in charge of a vehicle at any particular time. (2) A responsible person for a vehicle commits an offence if the responsible person fails to take reasonable measures, or make reasonable arrangements, to ensure that if a driver identity request is made in



relation to the vehicle, the responsible person will be able to comply with it. 39. Direction to stop vehicle: to enable exercise of other powers (1) In this section —stop a vehicle means to stop the vehicle and keep it stationary. (2) A police officer may, for the purpose of or in connection with exercising other powers under a road law, direct — (a) the driver of a vehicle to stop the vehicle; or (b) the driver of a vehicle or any other person not to do any one or more of the following — (i) move the vehicle; (ii) interfere with it or any equipment in or on it; (iii) interfere with its load. (3) A direction to stop a vehicle may require that the vehicle is to be stopped without delay, or that it be stopped at the nearest place for it to be safely stopped, as indicated by the officer. (4) A direction to stop the vehicle, or not to move it, or not to interfere with it or any equipment in or on it or with its load, does not prevent a police officer from giving the driver or another person any later inconsistent direction. (5) A direction ceases to have effect to the extent that a police officer — (a) gives the driver or other person a later inconsistent direction; or (b) indicates to the driver or other person that the direction no longer has effect. 41. Direction to move vehicle: where danger or obstruction (1) This section applies where a police officer reasonably believes that a vehicle is — (a) causing serious harm, or creating an imminent risk of serious harm, to public safety, the environment or road infrastructure; or (b) causing or likely to cause an obstruction to traffic. (2) The officer may direct the driver or a co-driver of, or a responsible person for, the vehicle, to do any of the following — (a) move the vehicle, or cause it to be moved, to the extent necessary to avoid or minimise the harm or obstruction; (b) do anything else reasonably required by the officer, or cause anything else reasonably required by the officer to be done, to avoid or minimise the harm or obstruction. (3) In a prosecution for an offence under section 44 in relation to a direction given under subsection (2)(a), it is a defence for the person charged to prove that — (a) at the time the direction was given the vehicle was broken down; and (b) the breakdown occurred for a physical reason beyond the control of the person charged; and (c) the breakdown could not be readily rectified, or the vehicle could not otherwise be moved, in a way that would enable the direction to be complied with within a reasonable time. 42. Direction to leave vehicle (1) This section applies where — (a) the driver or a co-driver of a vehicle fails to comply with a direction given by a police officer under section 39, 40 or 41; or (b) a police officer reasonably believes that the driver or co-driver of a vehicle is not qualified, is not fit or is not authorised to drive the vehicle in order to comply with such a direction. (2) The officer may direct the driver or co-driver — (a) to vacate the driver’s seat; or (b) to leave the vehicle; or (c) not to occupy the driver’s seat until permitted to do so by a police officer; or (d) not to enter the vehicle until permitted to do so by a police officer. (3) The officer may direct any other person — (a) to leave the vehicle; or (b) not to enter the vehicle until permitted to do so by a police officer.

Road Traffic Code 2000 (WA)

Drive

REG 13 Heavy vehicles and vehicles towing trailers (1) This regulation is subject to any other provisions of these regulations prescribing a maximum speed for any vehicle lower than that prescribed by this regulation. (2) A person shall not drive a vehicle to which a trailer or other vehicle is attached at a speed exceeding 100 km/h. (3) A person shall not drive a vehicle, the GVM of which, taking into account any trailer attached and including the total load carried, is more than 12 t, at a speed exceeding 100 km/h. (4) A person shall not drive a bus with a GVM over 5 t at a speed exceeding 100 km/h.


Driver, he or she REG 30 U turns on carriageway (1) A driver shall not make a U turn if a “no U turn” sign applies to the portion of carriageway on or at which he or she intends to make that U turn.


Driver

REG 32 U turns generally (1) A driver shall not commence a U turn unless — (a) the turn can be made with safety and without interfering with the movement of other traffic; and (b) the driver has a clear view of any approaching traffic.


Driver, his or her, right arm, hand, upper arm, forearm,

fingers

REG 36 How drivers are to give signals (2) A driver who is required to give a signal of intention to turn right shall, where the vehicle is not equipped with an appropriate flashing light signalling device or illuminated indicator in working order, give the signal —

(a) by means of a hand‑shaped signalling device; or

(b) by fully extending his or her right arm and hand horizontally beyond the right side of the vehicle and approximately at right angles to the centre line of the vehicle. (5) A driver who is required to give a signal of intention to stop or to reduce speed suddenly shall, where the vehicle is not equipped with a stop light or lights in working order, give the signal —

(a) by means of a hand‑shaped signalling device; or

(b) by extending his or her right arm beyond the right side of the vehicle with the upper arm horizontal and the forearm and fingers pointing upwards.


Driver

REG 46 Giving way at intersection with traffic‑control signals not operating or only partly operating

(1) If all the traffic‑control signals facing a driver approaching an intersection do not appear to be functioning, or are displaying a flashing yellow signal, and there is a traffic light‑stop sign, the driver

shall treat that intersection as if the driver were facing a “stop” sign and no traffic‑control signals under regulation 50.


Driver REG 60 . Keeping clear of police and emergency vehicles (1) A driver shall give way to, and make every reasonable effort to give a clear and uninterrupted passage to, every police or emergency vehicle that is displaying a flashing blue or red light (whether or not it is also displaying other lights) or sounding an alarm.


Driver

REG 83 . Hand‑held stop signs

(1) A driver approaching a hand‑held “stop” sign shall stop before reaching the sign.

(2) A driver who has stopped at a hand held “stop” sign shall not proceed until the holder of the sign — (a) no longer displays the sign towards the driver; or (b) otherwise indicates that the driver may proceed.


Driver, drive, driver’s vehicle REG 84 . Clearance and low clearance signs The driver of a vehicle shall not drive past a “clearance” sign, or a “low clearance” sign, if the driver’s vehicle, any vehicle connected to it or any load carried by the vehicle, is higher than the height (in metres) indicated by the sign.


Driver, drive, driver’s vehicle REG 85. Load limit signs Safety and road rules compliance


(1) A driver shall not drive past a “bridge load limit (gross mass)” sign, or “gross load limit” sign, if the total mass (in tonnes) of the driver’s vehicle and any load, together with any vehicle connected to it and any load, is more than the gross mass indicated by the sign.

Driver

REG 101 . Stopping at level crossing (1) A driver approaching a level crossing with a “stop” sign shall stop the vehicle — (a) as near as practicable to, but before reaching the stop line or, if there is no stop line, as near as practicable to, but before reaching, the “stop” sign; and (b) give way to any train on, approaching or entering the crossing. (2) If a driver approaching a level crossing is directed or instructed to stop by a railway employee, the driver shall stop the vehicle, and the driver shall not proceed except in accordance with the railway employee’s direction.


Driver, he or she REG 104 . What to do if traffic is congested A driver approaching a level crossing shall not enter the level crossing where, by reason of traffic congestion, he or she is not immediately able to lawfully drive the vehicle over and clear of the level crossing, and shall not proceed until he or she can so drive the vehicle over and clear of the level crossing.


Driver

REG 124 . Keeping safe distance when overtaking A driver overtaking a vehicle — (a) shall pass the vehicle at a sufficient distance to avoid a collision with that vehicle or to avoid obstructing the path of that vehicle; and (b) shall not return to the marked lane or line of traffic where the vehicle is travelling until the driver is a sufficient distance past that vehicle to avoid a collision with that vehicle or to avoid obstructing the path of that vehicle.


Driver, driving

REG 134 . Transit lanes A driver shall not drive in a transit lane unless — (a) the driver is driving — (i) a public bus, motor cycle, or taxi; or (ii) if the transit lane sign applying to the transit lane is a “transit lane (T2)” sign — a vehicle carrying at least one other person; or (iii) if the transit lane sign applying to the transit lane is a “transit lane (T3)” sign — a vehicle carrying at least 2 other people;


Driver

REG 181 . Making motor vehicle secure (1) A driver of a motor vehicle shall not stop and leave the motor vehicle without first — (a) stopping the engine; and (b) effectively applying the brake; and (c) if weather or road conditions would prevent the effective operation of the brake — effectively restraining the vehicle’s movements in another way. (2) If the driver of a motor vehicle stops and leaves the motor vehicle, and a person 16 years of age or older does not remain in or with the motor vehicle, the driver shall also secure the motor vehicle by — (a) locking the ignition, if any; and (b) removing the ignition key, if any; and (c) locking the doors — if the doors of the vehicle can be locked; and (d) securing the windows — if the windows of the vehicle can be secured, unless the driver has only temporarily left the motor vehicle to pay a fee for parking that motor vehicle. (4) For the purposes of this regulation — (a) a person leaves a vehicle if the person is more than 3 m from the closest point of the vehicle; and

(b) an appliance includes a fork lift, loader, push‑bar, scraper, blade, jib or similar device; and

(c) a window is secure even if it is open by up to 2 cm.


Driver, in charge

REG 191 . Portable warning signs for disabled heavy vehicles (1) In this regulation heavy vehicle means a vehicle of which the mass, together with any attached trailer and the total load carried (if any), exceeds 12 t.

(2) A person shall not drive a heavy vehicle on a carriageway outside a built‑up area, or cause or permit a heavy vehicle to be so driven, unless there are carried on the vehicle 3 portable warning

signs complying with AS 3790‑1992 (Portable Warning Triangles for Motor Vehicles) published by Standards Australia and the signs are in good order.

(3) Whenever a disabled heavy vehicle is stationary on a carriageway, outside a built‑up area, during the hours of darkness, the driver or person in charge of the vehicle shall immediately place, and

leave, on the carriageway 3 portable warning signs such as are mentioned in subregulation (2), one in advance of the vehicle, one to the rear of it and one beside it, on the side nearer to the centre of the carriageway. (4) The portable warning signs placed on the carriageway in compliance with subregulation (3) are to be placed in the manner set out in subregulation (5) or (6A) as the case requires, and, wherever practicable, so that at least one sign is visible to an approaching driver, at a distance of not less than 200 m. (5) Where the speed limit on a carriageway is lower than 80 km/h, the signs placed in advance and to the rear of the vehicle, in compliance with subregulation (3), are to be placed at a distance of between 50 m and 150 m from the vehicle, and the third sign is to be placed at the side of the vehicle in such a position as to give reasonable warning to drivers approaching from either direction. (6A) Where the speed limit on a carriageway is 80 km/h or higher, the signs placed in advance and to the rear of the vehicle, in compliance with subregulation (3), are to be placed at a distance of between 200 m and 250 m from the vehicle, and the third sign is to be placed at the side of the vehicle in such a position as to give reasonable warning to drivers approaching from either direction. (6) Nothing in this regulation affects — (a) any duty imposed by these regulations to display lit lights on stationary vehicles; or (b) public buses; or (c) fire and emergency services vehicles.


Driver

REG 192 . Fallen loadings from heavy vehicles requiring signs (1) In this regulation — heavy vehicle means a vehicle of which the mass, together with any attached trailer and the total load carried (if any), exceeds 12 t. (2) Where the load or any portion of the load that has fallen from a heavy vehicle is lying upon a carriageway, during the hours of darkness, and the driver is unable to — (a) reload the fallen load on the vehicle; or (b) remove the fallen load from the carriageway to such a position on the side of the road as will, as far as possible, reduce the danger to vehicles and pedestrians, the driver shall forthwith place, and leave, on the carriageway 3 portable warning signs such as are mentioned in regulation 191(2) in the manner set out in subregulation (3) or (4A) as the case requires, and so that, where practicable, at least one sign, is visible to any approaching driver, at a distance of 200 m. (3) Where the speed limit on a carriageway is lower than 80 km/h, the signs placed in advance and to the rear of the fallen load, in compliance with subregulation (2), are to be placed at a distance of between 50 m and 150 m from the edge of the fallen load, and the third sign is to be placed at the side of the fallen load in such a position as to give reasonable warning to drivers approaching from either direction. (4A) Where the speed limit on a carriageway is 80 km/h or higher, the signs placed in advance and to the rear of the fallen load, in compliance with subregulation (2), are to be placed at a distance of between 200 m and 250 m from the edge of the fallen load, and the third sign is to be placed at the side of the fallen load in such a position as to give reasonable warning to drivers approaching from either direction. (4) Subregulation (2) does not apply where the load of a heavy vehicle consists of rolls or bales of straw or hay, and straws of hay or similar light material may have blown, or dislodged, from the vehicle. (5) A driver is not required to place the signs referred to in subregulation (2), where street lighting in the vicinity renders the fallen load clearly visible to a driver approaching from either direction, at a distance of 200 m.


Driver REG 220. Towing of bicycles (1) The rider of a bicycle shall not attach himself or herself to, or permit himself or herself to be drawn by, any other vehicle. (2) The driver of a vehicle shall not permit the rider of a bicycle to attach himself or herself to, or be drawn by, the vehicle.


Driver REG 233 . Wearing of seatbelts by passengers 16 years old or older Passenger compliance


(1) A passenger in or on a motor vehicle that is moving, or that is stationary but not parked, must comply with subregulation (2) if the passenger — (a) has reached the age of 16 years; and (b) is not exempt from wearing a seatbelt under regulation 235. (2) The passenger — (a) must occupy a seating position — (i) that is fitted with a seatbelt; or (ii) that is required by a written law to be fitted with a seatbelt; and (b) must not occupy the same seating position as another passenger (whether or not the other passenger is exempt from wearing a seatbelt under regulation 235); and (c) must wear the seatbelt properly adjusted and securely fastened. (3) The driver of a motor vehicle (except a bus, omnibus or taxi) that is moving, or that is stationary but not parked, must ensure that each passenger in or on the vehicle who has reached the age of 16 years complies with subregulation (2), unless the passenger is exempt from wearing a seatbelt under regulation 235.

Driver

REG 234 . Wearing of seatbelts by passengers under 16 years old

(1) The driver of a motor vehicle (except a bus or motor cycle) that is moving, or is stationary but not parked, must ensure that this regulation is complied with for each passenger in or on the vehicle who has not reached the age of 16 years.


Driving, his or her body or limbs,

REG 242 . Body or limbs protruding from vehicles (1) A person while driving, or travelling in or on, a motor vehicle shall not permit any part of his or her body or limbs — (a) to be upon or in contact with any external part of the vehicle; or (b) to extend or protrude beyond or through any external door, window or other opening of the vehicle; or (c) to extend or protrude beyond or hang over any side or the front, rear or any other external portion of the vehicle. (2) A person shall not drive a motor vehicle while a passenger has any part of his or her body or limbs — (a) upon or in contact with any external part of the vehicle; or (b) extending or protruding beyond or through any external door, window or other opening of the vehicle; or (c) extending or protruding beyond or hanging over any side or the front, rear or any other external portion of the vehicle. (3) This regulation does not prevent a driver from giving any signal authorised or prescribed by these regulations. (4) This regulation does not apply to a person if — (a) the person is driving a bus; or (b) the person is riding, or a passenger on, a motor cycle; or (c) the person is driving, or a passenger in or on, an emergency vehicle; or (d) at the relevant time —

(i) the person was engaged in work that required the person to alight from and re‑enter the vehicle at frequent intervals; and

(ii) the vehicle was being driven at a speed not exceeding 25 km/h.


Driver, his or her

REG 246. Interfering with driver’s control of vehicle A person shall not act in any manner or occupy such a position on a moving vehicle as will occasion him or her — (a) to interfere with or impede the driver in controlling the vehicle; or (b) to prevent the driver and his or her signals from being clearly seen by the drivers of vehicles, or by pedestrians, in the immediate vicinity.


Drive

REG 257 . Securing of loads (1) A person shall not drive a vehicle that is carrying a load, if the load is placed on the vehicle in a way that — (a) makes the vehicle unstable or otherwise unsafe; or (b) it projects from the vehicle in a way that is likely to injure a person, obstruct the path of other drivers or pedestrians, or damage a vehicle or anything else (for example, the road surface) . (2) A person shall not drive a vehicle that is carrying a load, unless the load is restrained on the vehicle so that the load, or any portion of it, is unlikely — (a) to fall from the vehicle; or (b) to become dislodged from the place on the vehicle where it is restrained. (3) A person shall not drive a vehicle that is carrying a load, unless the load is restrained on the vehicle by a system appropriate to the load. (4) A person shall not drive a vehicle that is carrying a load comprising grain, unless that grain is fully covered or enclosed.


Drive, he or she, full control

REG 263 . Drivers to have uninterrupted and undistracted views etc. (1) A person shall not drive a vehicle, unless — (a) he or she is in such a position behind the steering wheel that he or she has full control over the vehicle; and (b) he or she can obtain a full and uninterrupted view of the road and any traffic ahead and on each side of him or her; and

(c) he or she can obtain, in a rear‑vision mirror or mirrors attached to the vehicle, a clear reflected view of every overtaking vehicle.


Driver, drive, normal driving position

REG 264 . Use of visual display units etc. in vehicle (1) A driver shall not drive a motor vehicle that has a television receiver or visual display unit in or on the vehicle operating while the vehicle is moving, or is stationary but not parked, if any part of the image on the screen — (a) is visible to the driver from the normal driving position; or (b) is likely to distract another driver.


Driver, palm, hand

REG 273 . Directions by police (1) Where a police officer regulating traffic gives a signal to stop, then — (a) a driver approaching the person giving the signal, from the direction towards which the palm of that person’s hand is facing, shall stop the vehicle at a stop line, or the edge of the intersection, or at a reasonable distance from that person, and shall not drive forward, until given the signal to proceed; and


Drive

REG 278 . Towing a vehicle, trailer etc. (1) A person shall not drive a vehicle that is towing another vehicle, on a road, unless — (a) the space between the 2 vehicles does not exceed 4 m or, where either vehicle is a motor cycle, 2.5 m; and (b) any rope, chain or wire used for the purposes of the tow, that is longer than 2 m, has a flag or other similar object attached to it, so as to render it clearly visible to traffic approaching the tow, laterally; and (c) a competent and qualified person is in charge of the towed vehicle, to control it, while on tow, and that person can, in fact, control it; and (d) it is safe to do so.


Drive

REG 279 . Towed vehicles, trailers etc. (1) Subject to subregulation (2), a person shall not drive — (a) an articulated vehicle to which any other vehicle is attached; or (b) any vehicle to which more than one other vehicle is directly or indirectly attached, except in conformity with such special or general directions as the Commissioner of Main Roads may from time to time give, either directly or by notice in the Government Gazette .


Drive

REG 279 . Towed vehicles, trailers etc. (1) Subject to subregulation (2), a person shall not drive — (a) an articulated vehicle to which any other vehicle is attached; or (b) any vehicle to which more than one other vehicle is directly or indirectly attached, except in conformity with such special or general directions as the Commissioner of Main Roads may from time to time give, either directly or by notice in the Government Gazette .



Australian Capital Territory

Road Transport (Public Passenger Services) Act 2001 (ACT)

Driver

10A Meaning of bus and public bus In this Act: bus means a motor vehicle built mainly to carry people that seats over 9 adults (including the driver).


Driven, driver

118 Power to inspect and test vehicles (2) Without limiting subsection (1), the police officer or authorised person may, for that subsection, do any 1 or more of the following: (a) if the vehicle is being driven—ask or signal the driver of the vehicle to stop the vehicle; (b) get into or onto the vehicle and remain in or on the vehicle; (c) operate the vehicle and any of its equipment; (d) ask the driver or anyone else apparently in charge of the vehicle to— (i) give the police officer or authorised person any information the police officer or authorised person reasonably requires to inspect or test the vehicle; or (ii) do anything else the police officer or authorise


Road Transport (Public Passenger Services) Regulation 2002 (ACT)

Driver

10A Meaning of bus and public bus In this Act: bus means a motor vehicle built mainly to carry people that seats over 9 adults (including the driver).


Drives, driver

26 Bus drivers to hold appropriate driver licence or authority (1) The accredited operator of a bus service must ensure that a person who drives a vehicle to operate the service is— (a) the holder of a public vehicle licence authorising the person to drive the vehicle for hire or reward; or (b) exempt from holding a public vehicle licence under the Road Transport (Driver Licensing) Regulation 2000, section 94A (Exemption of drivers of public vehicles driven for hire or reward—Act, s 31 (1) (b)). 97 Taxi drivers to hold appropriate driver licence or authority (1) The accredited operator of a taxi must ensure that a person who drives the taxi while it is operating as a taxi is— (a) the holder of a public vehicle licence authorising the person to drive the taxi for hire or reward; or (b) exempt from holding a public vehicle licence under the Road Transport (Driver Licensing) Regulation 2000, section 94A (Exemption of drivers of public vehicles driven for hire or reward—Act, s 31 (1) (b)). 181 Hire car drivers to hold appropriate driver licence or authority (1) The accredited operator of a hire car service must ensure that a hire car driver is— (a) the holder of a public vehicle licence authorising the person to drive the hire car for hire or reward; or (b) exempt from holding a public vehicle licence under the Road Transport (Driver Licensing) Regulation 2000, section 94A (Exemption of drivers of public vehicles driven for hire or reward—Act, s 31 (1) (b)).


Drives, prescribed driver authority information, driven,

27 Records of bus drivers etc to be maintained by accredited operator (1) The accredited operator of a bus service must make a written record of the following particulars for each person who drives a bus to operate the service: (a) the person’s full name and home address; (b) the prescribed driver authority information for the person, including any change to the information notified to the accredited operator by the road transport authority; Note Prescribed driver authority information—see the dictionary. (c) the dates and times when the bus was driven by the person. 77 Records of taxi drivers etc to be maintained by accredited network provider (1) An accredited taxi network provider must make a written record of the following particulars for each person who drives a taxi that is being used to operate a taxi service by an affiliated taxi service operator: (a) the person’s full name and home address; (b) the prescribed driver authority information for the person, including any change to the information notified to the accredited provider by the road transport authority; Note Prescribed driver authority information—see the dictionary. (c) the dates and times when the taxi was used by the person to provide a taxi service; (d) the registration number of the taxi driven by the person. (2) The accredited taxi network provider must not fail to comply with subsection (1). Maximum penalty: 10 penalty units. (3) An offence against subsection (2) is a strict liability offence. (4) A person commits an offence if— (a) the person is an accredited taxi network provider; and (b) the person has a written record under subsection (1) of a person (the driver) who drives a taxi to operate the service; and (c) the driver was the holder of a public vehicle licence authorising the driver to drive a taxi for hire or reward; and (d) the driver’s public vehicle licence is suspended or cancelled; and (e) the person knows, or ought reasonably to know, that the driver’s public vehicle licence is suspended or cancelled; and (f) the person fails to make a written record of the following for the driver: (i) the suspension or cancellation of the driver’s licence; (ii) when the licence was suspended or cancelled; (iii) if the licence was suspended—when the suspension ends. (5) A person commits an offence if— (a) the person is an accredited taxi network provider; and (b) the person has a written record under subsection (1) of a person (the driver) who drives a taxi to operate the service; and (c) the driver was exempt from holding a public vehicle licence under the Road Transport (Driver Licensing) Regulation 2000, section 94A; and (d) the driver is no longer exempt from holding a public vehicle licence; and (e) the person knows, or ought reasonably to know, that the driver is no longer exempt under section 94A; and (f) the person fails to make a written record for the driver that the driver is no longer exempt under section 94A. 182 Records of hire car drivers etc to be maintained by accredited operator (1) The accredited operator of a hire car must make a written record of the following particulars for each hire car driver for the vehicle: (a) the driver’s full name and home address; (b) the prescribed driver authority information for the driver, including any change to the information notified to the accredited operator by the road transport authority; Note Prescribed driver authority information—see the dictionary. (c) the dates and times when the hire car was driven by the driver; (d) the registration number of the hire car driven by the driver.



Dress, drivers, drive, clean and tidy, behave, eat or drink, wear

30E Compliance with dress code of practice (1) The accredited operator of a bus used to operate a bus service commits an offence if— (a) a code of practice approved under section 67B (Code of practice—dress of bus drivers) is in force; and (b) the accredited operator allows a person to drive the bus; and (c) the person does not comply with the code of practice. 42 Dress and conduct of bus drivers (1) A bus driver must— (a) be clean and tidy; and (b) behave in an orderly way and with politeness and propriety towards every passenger, police officer and authorised person and other road users. Maximum penalty: 5 penalty units. (2) If a code of practice approved under section 67B (Code of practice—dress of bus drivers) is in force, a bus driver must comply with the code of practice. 42 Dress and conduct of bus drivers (1) A bus driver must— (a) be clean and tidy; and (b) behave in an orderly way and with politeness and propriety towards every passenger, police officer and authorised person and other road users. Maximum penalty: 5 penalty units. (2) If a code of practice approved under section 67B (Code of practice—dress of bus drivers) is in force, a bus driver must comply with the code of practice. 113 Responsibility of drivers for condition of taxi A taxi driver must not operate the taxi as a taxi unless it is clean and tidy. 119 Behaviour of taxi drivers generally (1) A taxi driver must not— (a) move the taxi while a door is open; or (b) start or stop the taxi in a way that subjects a passenger or anyone else to unnecessary risk of injury; or (c) eat or drink in the taxi while the taxi is available for hire or is hired. 120 Dress and conduct of taxi drivers (1) This section applies to the driver of a vehicle while it is operating as a taxi. (2) The driver must be clean and tidy. (3) The driver must wear a clean uniform approved by the road transport authority for the accredited taxi network provider with which the accredited operator of the taxi is affiliated. (4) The driver must behave in an orderly way and with politeness and propriety towards every passenger, police officer and authorised person and other road users. Maximum penalty: 5 penalty units. (5) The driver must comply with every reasonable request of a passenger. 197 Responsibility of drivers for condition of hire car (1) A hire car driver must ensure that the hire car is clean and tidy. 203 Dress and conduct of hire car drivers (1) A hire car driver must— (a) be clean and tidy; and (b) behave in an orderly way and with politeness and propriety towards every passenger, police officer and authorised person and other road users; and (c) comply with every reasonable request of a passenger 275 Dress and conduct of demand responsive service vehicle drivers (1) A DRS vehicle driver must— (a) be clean and tidy; and (b) behave in an orderly way and with politeness and propriety towards every passenger, police officer and authorised person and other road users. 276 Responsibility of drivers for condition of demand responsive service vehicle (1) A DRS vehicle driver must ensure that the vehicle is clean and tidy


Driver

38 Responsibilities of bus drivers for security cameras (1) This section applies to the driver of a bus if the bus is fitted with a security camera. (2) The driver must, before operating the vehicle as a bus, check whether the security camera is operating. (3) If the camera is not operating, the driver must tell the accredited operator of the bus. 115 Responsibilities of taxi drivers for security cameras (1) This section applies to the driver of a taxi if the taxi is fitted with a security camera. (2) The driver must, before operating the vehicle as a taxi, check whether the security camera is operating. 198 Responsibilities of hire car drivers for security cameras (1) This section applies to a hire car driver if the vehicle is fitted with a security camera. (2) The driver must— (a) at the beginning of each shift of the driver, check whether the security camera is operating; and (b) if the camera is not operating—tell the accredited operator of the hire car that the camera is not operating. 271 Responsibilities of demand responsive service vehicle drivers for security cameras (1) This section applies to a DRS vehicle driver if the vehicle is fitted with a security camera. (2) The driver must— (a) at the beginning of each shift of the driver, check whether the security camera is operating; and (b) if the camera is not operating—tell the authorised operator of the DRS vehicle that the camera is not operating.


Driver, driver’s seat 43 Drivers to remain in bus A bus driver must not, without reasonable excuse, leave the driver’s seat of the bus during a journey of the bus.



121 Drivers to remain in taxi A taxi driver must not, without reasonable excuse, leave the driver’s seat of the taxi during a hiring. 277 Drivers to remain in vehicle (1) This section applies if a DRS vehicle is a bus. (2) A DRS vehicle driver must not leave the driver’s seat of the bus during a journey of the bus

Drives, taxi driver training course

98 Drivers of wheelchair-accessible taxis to be trained The accredited operator of a wheelchair-accessible taxi must ensure that a person who drives the taxi while it is operating as a taxi has— (a) successfully completed an approved wheelchair-accessible taxi driver training course; or (b) been exempted by the road transport authority under section 160 (Authority may exempt wheelchair-accessible taxi drivers from approved training course) from the requirement to successfully complete the course. 132 Wheelchair passengers in wheelchair-accessible taxis (1) The driver of a wheelchair-accessible taxi must not carry a wheelchair in the taxi unless it is safely and securely attached to the taxi. Note The dictionary definition of in a vehicle includes on the vehicle. (2) The driver of a wheelchair-accessible taxi must not carry a person in the taxi while the person is seated in a wheelchair unless— (a) the wheelchair cannot travel faster than 10km/h on level ground; and (b) the wheelchair is not in another vehicle (for example, a motorised tricycle) while the wheelchair is in the taxi; and (c) if a seatbelt is provided for the position where the wheelchair is attached—the person is wearing the seatbelt. (5) The driver of a wheelchair-accessible taxi must provide reasonable assistance in loading and unloading a wheelchair, or a person in a wheelchair, into or from the taxi. 270 Wheelchair passengers in demand responsive service vehicles (1) This section applies in relation to a DRS vehicle if the vehicle has wheelchair access and has passenger seating positions fitted with seatbelts. (2) The DRS vehicle driver must not carry a wheelchair in the vehicle if the wheelchair is not safely and securely attached to the vehicle. (7) The DRS vehicle driver must provide reasonable assistance in loading and unloading a wheelchair, or a person in a wheelchair, into or from the vehicle.


Driver, drives, driver authority card

204 Restricted hire cars—production of duplicate licence by hire car driver (1) A hire car driver must, if the hire car is a restricted hire car, produce the duplicate licence for the hire car for inspection when required to do so by the road transport authority, a police officer or authorised person. 307 Driver authority card to be displayed or shown (1) A person who drives a public passenger vehicle (other than a restricted hire car) for hire or reward must–– (a) display the person’s driver authority card so that the information on the photo-side of the card can reasonably be read by a passenger— (i) if the public vehicle is a bus—on entering the vehicle; or (ii) if the public vehicle is a car—when the passenger is seated in the vehicle; or 308 Production of driver authority card (1) A person who drives a public passenger vehicle for hire or reward commits an offence if the person fails to produce the person’s driver authority card for inspection when required to do so by a police officer or authorised person.


Road Transport (Safety and Traffic Management) Act 1999 (ACT)

Drive, in control of, park, driven,

drive a vehicle includes— (a) be in control of the steering, movement or propulsion of the vehicle; and (b) if the vehicle is a trailer—draw or tow the vehicle; and (c) if the vehicle can be ridden—ride the vehicle. 6 Negligent driving (1) A person must not drive a motor vehicle negligently on a road or road related area. (2) In deciding whether an offence has been committed against subsection (1), the court must have regard to all the circumstances of the case, including— (a) the nature, condition and use of the road or road related area where the offence is alleged to have been committed; and (b) the amount of traffic on, or that might reasonably be expected to have been on, the road or road related area 7 Furious, reckless or dangerous driving (1) A person must not drive a motor vehicle furiously, recklessly, or at a speed or in a way that is dangerous to the public, on a road or road related area. 8 Menacing driving (1) A person must not drive a motor vehicle on a road or road related area in a way that menaces someone else with the intention of menacing the other person. (2) A person must not drive a motor vehicle on a road or road related area in a way that menaces someone else if the person ought to have known that the other person might be menaced. 9 Sale etc of traffic offence evasion articles (2) A person must not drive or park a vehicle on a road or road related area if a traffic offence evasion article is fitted to, applied to, or carried in the vehicle. (3) The responsible person for a vehicle driven or parked on a road or road related area in contravention of subsection (2) commits an offence. 12 Driver of vehicle loaded unsafely A person commits an offence if— (a) the person knows, or ought reasonably to know, a vehicle is loaded unsafely; and (b) the person drives the vehicle, or allows it to stand, on a road or road related area; and (c) while the vehicle is being so driven or allowed to stand, a person dies or is injured, or property (other than the vehicle or load) is damaged, because the vehicle is loaded unsafely. 16 Driver or rider to stop and give assistance If the driver of a vehicle, or rider of an animal, is involved in a traffic accident on a road or road related area, and someone dies or is injured in the accident, the driver or rider must not knowingly fail to stop and give any assistance that is necessary and in his or her power to give.


Northern Territory

Motor Vehicles Act (NT)

Drive, be in control of, driver 5 Interpretations Safety and road rules compliance


(1) In this Act— drive, in relation to a vehicle, means to drive, or be in control of, in a public place or in a public street and includes to ride and to haul. driver means a person driving a vehicle.

Driver’s seat, head, right hand side, in front of,

(5) The independent braking system: (a) shall operate on at least 2 wheels of the trailer and be capable of stopping the trailer in the same manner as the motor vehicle; and (b) except where the trailer has a laden mass of less than 2 tonnes and has been fitted with override brakes, shall be capable of being operated from the driver's seat of the motor vehicle. 17. The motor vehicle (not being a motor cycle or trailer) shall be equipped with a reflector or periscope so arranged as to enable the driver to be aware, without turning his head, of the existence or approach of any other vehicle on the right-hand side behind the driver. 18. The motor vehicle shall, if fitted with a windscreen, be equipped with a device capable of effectively removing rain, or other moisture from the portion of the windscreen immediately in front of the driver and so constructed and situated that it can be controlled or operated by the driver from the driver's seat of the vehicle.


Driver, drive, be in control of, driving

bus means a motor vehicle built mainly to carry people that seats over 9 adults (including the driver). car means a motor vehicle built mainly to carry people that: (a) seats not over 9 adults (including the driver); and (b) has a body commonly known as a sedan, station wagon, coupe, convertible, or roadster; and (c) has 4 or more wheels. drive includes be in control of. driver, of a vehicle, means the person driving the vehicle.


Driven, driver, normal driving position

29 Ability to travel backwards and forwards A motor vehicle with an unloaded mass over 450 kilograms must be able to be driven both backwards and forwards when the driver is in the normal driving position. 42 Television receivers and visual display units (1) A television receiver or visual display unit must not be installed in a vehicle so any part of the image on the screen is visible to the driver from the normal driving position. 45 Windscreen wipers and washers (1) A motor vehicle with 3 or more wheels that is fitted with a windscreen must be fitted with at least 1 windscreen wiper unless a driver in a normal driving position can obtain an adequate view of

the road ahead of the motor vehicle without looking through the windscreen. 83 Changing headlights from high-beam to low-beam position (1) A motor vehicle built after 1934 that can travel at over 60 kilometres an hour must be fitted with: (a) a dipping device enabling the driver in the normal driving position: (i) to change the headlights from the high-beam position to the low-beam position; or (ii) simultaneously to switch off a high-beam headlight and switch on a low-beam headlight; and (b) for a vehicle built after June 1953 — a device to indicate to the driver that the headlights are in the high-beam position. 121 Mechanical signalling devices (1) A mechanical signalling device must: (a) be fitted to the right side of the vehicle; and (b) be able to be operated by the driver from a normal driving position; and (c) consist of a white or yellow representation of an open human hand at least 15 centimetres long; and (d) be constructed so that the driver of the vehicle can keep the device: (i) in a neutral position so it is unlikely that the driver of another vehicle or anyone else would regard it as a signal; and 122 Turn signals A turn signal must: (a) consist of a steady or flashing illuminated yellow sign at least 15 centimetres long and 25 millimetres wide that: (i) when in operation — is kept horizontal; and (ii) when not in operation — is kept in a position so it is unlikely that the driver of another vehicle or anyone else would regard it as a signal; and (b) be fitted to the side of the motor vehicle at least 50 centimetres and not over 2.1 metres above ground level, in a position so the driver of the vehicle, from the normal driving position,

can see whether the signal is in operation; and (c) be able to be operated by the driver from the normal driving position; and (d) when in operation, be visible from both the front and rear of the vehicle at a distance of 30 metres. 130 Operation of brakes on motor vehicles The braking system on a motor vehicle must be arranged to allow the driver of the motor vehicle to apply the brakes from a normal driving position. 131 Air or vacuum brakes on motor vehicles (4) An air or vacuum storage system must: (a) be built to give a visible or audible warning to the driver, while in a normal driving position, of a lack of air or vacuum that would prevent the service brake from being applied to meet the

performance standards of rule 128 at least twice; and (b) be safeguarded by a check valve or other device against loss of air or vacuum if the supply fails or leaks. 133 Operation of brakes on trailers (1) The braking system of a trailer with a GTM over 2 tonnes must allow the driver of a motor vehicle towing the trailer to operate the brakes from a normal driving position. 134 Air or vacuum brakes on trailers (3) An air or vacuum storage system must: (a) be built to give a visible or audible warning to the driver of the towing vehicle, while in a normal driving position, of a lack of air or vacuum that would prevent the brakes from meeting the

performance standards of rule 128; and


Driver, drive

31 Driver’s view and vehicle controls A motor vehicle must be built: (a) to allow the driver a view of the road and of traffic to the front and sides of the vehicle so the driver can drive the vehicle safely; and (b) with its controls located so the driver can drive the vehicle safely.


Seat, driver, driver’s seat 32 Seating A seat for a driver or passenger in a vehicle must be securely attached to the vehicle.



44 Window tinting

(5) Glazing behind the rear of the driver’s seat may be coated to achieve a luminous transmittance of not less than 35%. (6) Glazing in a side window forward of the rear of the driver’s seat may be coated to achieve a luminous transmittance of not less than 70% or, if another law of this jurisdiction allows a lesser

luminous transmittance, the greater of: (a) the lesser luminous transmittance allowed under the other law; and (b) 35%.

Drive driver’s compartment

38 Automatic transmission (1) A motor vehicle fitted with an automatic transmission must have an engine starter mechanism that cannot operate when the transmission control is in a position to drive the vehicle. (2) A vehicle built after 1975 that is fitted with an automatic transmission must have an indicator in the driver’s compartment showing the transmission control position.


Driver, his name and place of abode, drive, driven

64 Powers of officers for purposes of Part VA and Standards For the purposes of Part VA and the Standards, an officer may require the driver of a vehicle: (a) to stop the vehicle; (b) to give information concerning the mass of the vehicle and the load, if any, on that vehicle; (c) to state his name and place of abode; (d) to drive or cause that vehicle to be driven to, and weighed at, a weighbridge or weighing station situated: (i) within 30 kilometres of the place where the officer makes that requirement; or (ii) within 30 kilometres of any place on the forward journey planned for that vehicle; (e) to permit the officer to measure and examine the vehicle, its wheels, tyres and load; (f) to permit the officer to weigh: (i) the load on a tyre; (ii) the wheel load on a wheel; (iii) the axle load on an axle; and (iv) the laden mass, of the vehicle; (g) to produce to the officer such books, records, licences, exemptions under section 59 and other documents, relating to the registration or operation of the vehicle or the licensing of the driver, as are in that driver's possession or within his control, and to permit that officer to record any particulars set out in such books, records, licences, exemptions under section 59, and other documents; or (h) whom the officer, after the vehicle and its load have been weighed in pursuance of paragraph (d) or (f), considers to have committed an offence against Part VA or the Standards, to take measures to prevent the further commission of that offence and, after taking such measures, to have that vehicle and its load weighed at a weighbridge or weighing station nominated by that officer and within the period specified by that officer at the time of making that requirement.


Driver

116 Operation and performance of warning lights (1) When operating, a warning light must display regular flashes of yellow light at a rate of at least 90, and not over 180, flashes a minute. (2) The warning lights at the same end of the bus must flash alternately. (3) Unless the driver has turned the warning lights off, they must operate automatically when a door on the bus opens and for at least 10, and not over 20, seconds after all the doors on the bus have

closed. (4) The bus must have a visible or audible signal that tells the driver when the warning lights are operating. (5) The bus must be fitted with a switch that allows the driver to turn the warning lights off.


Driven, moved, drive

128A Defective motor vehicles (2) A member of the Police Force or an inspector may, if he considers that a motor vehicle that is standing or being driven or moved on a public street is defective: (a) examine or inspect the motor vehicle; or (b) direct the owner or any person having custody of the motor vehicle to produce the vehicle, at a specified time and place, for examination or inspection. (3) The owner or any person having custody of a motor vehicle shall not: (a) prevent or hinder the examination of the motor vehicle by a member of the Police Force or an inspector; or (b) refuse or fail to comply with a direction given under subsection (2)(b). (6) Where, upon examination or inspection, a motor vehicle is found to be defective, a member of the Police Force or an inspector may issue to the owner or any person having custody of the motor vehicle a notice (in this Act called a defect notice) in accordance with the approved form:

(a) specifying the defects in the vehicle; and (b) directing that the vehicle shall not, except as provided in the defect notice, be driven or moved on a public street after the issue of the defect notice until the vehicle has been produced at a place

specified in the defect notice for examination or inspection by a member of the Police Force or an inspector and is found to be no longer defective. (10) A person shall not, where a defect notice has been issued in respect of a motor vehicle, drive that vehicle or cause or permit that vehicle to be driven or moved on a public street contrary to the terms of the defect notice.


Foot operated brake control

139 Air brakes of motor vehicles in B-doubles or road trains (2) The pressure must reach at least 420 kilopascals within 400 milliseconds after the rapid and complete application of the foot-operated brake control. (3) After the brakes have been fully applied, the pressure must fall, within half a second after the release of the foot-operated brake control, to 35 kilopascals. 140 Air brakes in a B-double or road train: least favoured chamber (3) The pressure must reach at least 420 kilopascals within: (a) for a B-double — 1 second after the rapid and complete application of the foot-operated brake control; or (b) for a road train — 1.5 seconds after the rapid and complete application of the foot-operated brake control.


Traffic Act (NT)

Driver, in control of Driver means a person driving, riding or in control of a vehicle.


Driver, breath, driver’s breath, saliva test, driver’s body

29AAB When police can pull driver over at random (1) A police officer may direct the driver of a motor vehicle to pull over, without reasonable suspicion the driver has committed an offence, for one or both of the following purposes:

(a) to require the driver to submit to a breath test to determine whether there is alcohol in the driver's breath; (b) to require the driver to submit to a saliva test to determine whether there is a prohibited drug in the driver's body.

(2) The person must comply with the direction. Maximum penalty: 200 penalty units or imprisonment for 12 months


Breath, driver, breath or blood 29AAC Breath test and breath analysis Not relevant to an AV


(1) A police officer may, in the following circumstances, require a person to submit to a breath test or a breath analysis (or both) to determine if the person's breath contains alcohol: (a) the person is a driver directed to pull over under section 29AAB(1)(a); (b) the officer has reasonable cause to suspect the person:

(i) has committed an offence against Division 2 or 4; or (ii) was the driver of a motor vehicle that was involved in a crash on a road, road-related area or public place; or (iii) was involved in a crash on a road, road-related area or public place and the person has, or had at the time of the crash, alcohol in the person's breath or blood.

Traffic Regulations (NT)

Driver

9 Persons to give particulars (1) If an authorised person believes a driver has committed an offence against the Act or these Regulations, the authorised person may require the driver to provide his or her personal

particulars. (4) A driver who is required to provide his or her personal particulars must comply with the requirement and must not give false or misleading information.


Driver, he or she, driving

10 Driver to produce registration certificate (1) A driver of a motor vehicle must, when required to do so by a member of the Police Force or an inspector, produce for inspection by the member or inspector the certificate of registration issued

under the Motor Vehicles Act (or a corresponding Act of another jurisdiction) for the vehicle he or she is driving. (2) A driver complies with subregulation (1) if the person produces the certificate at a police station or place nominated by the member or inspector within 5 days of the requirement being made.


Driver, he or she, his or her, name and address, driven

19 Duties of driver after crash (1) If a crash results in injury or damage to a person or property, the driver of a vehicle involved in the crash must:

(a) stop for a sufficient time to allow any necessary enquiries to be made by or on behalf of the person injured or whose property has been damaged; and (b) render assistance that he or she can at the scene of the crash.

(2) In addition to subregulation (1), the driver must report the crash and provide his or her name and address to a member of the Police Force at the nearest practicable police station as soon as practicable after the crash, but in any event not later than 24 hours after the crash.

(3) Subregulation (2) does not apply if a member of the Police Force has taken the particulars of the driver's name and address at the scene of the crash. (4) In this regulation: 25 Enforcement (1) If a member of the Police Force, an officer or an officer of a competent authority has reason to believe that a vehicle is being driven in contravention of regulation 23, 24 or 24A, the member or

officer may direct the driver to do one or more of the following: (a) to stop the vehicle; (b) to remove or adjust the load being carried on the vehicle or cause it to be removed or adjusted; (c) to secure the load being carried on the vehicle or cause it to be secured; (d) not to drive the vehicle until the load is secured to the satisfaction of the member or officer; (e) to take the vehicle to a place specified by the member or officer and to remain at the place until the load is secured or adjusted to the satisfaction of the member or officer.

Enforcement interaction Interaction with other road users

Drive

24 Securing of load – general (1) A person must not drive, or permit a person to drive, a vehicle carrying a load unless the load is arranged, contained, fastened or covered:

(a) in a manner that complies with the performance standards and principles in the Load Restraint Guide applicable to the load; or (b) in a manner of equal or greater effectiveness in securing the load than that mentioned in paragraph (a). Maximum penalty: 20 penalty units.

(2) A person must not drive, or permit a person to drive, a vehicle carrying a load that flaps, sways, extends or overhangs the sides or the front or back of the vehicle unless the load is carried in accordance with a law in force in the Territory prescribing the manner for carrying the load. Maximum penalty: 20 penalty units.

24A Securing of loose bulk load (1) A person must not drive, or permit a person to drive, a vehicle with a GVM greater than 12 tonnes that is carrying a loose bulk load unless the load is covered by a load cover that is suitable

for securing the load. Maximum penalty: 20 penalty units.

(2) However, the Director may, in writing, exempt a vehicle, or class of vehicles, from the application of subregulation (1). Example of a class of vehicles for subregulation (2) All vehicles working on a particular major project.


Criminal Code Act 1983

Drives, driver, driver’s name

174F Driving motor vehicle causing death or serious harm (1) A person is guilty of a crime if: (a) the person drives a motor vehicle dangerously; and (b) that conduct causes the death of any person. 174FA Hit and run (1) The driver of a vehicle is guilty of a crime if: (a) the vehicle is involved in an incident that results in the death of, or serious harm to, a person; and (b) the driver fails to do any of the following: (i) stop the vehicle at the scene of the incident; (ii) give any assistance to the person that is reasonable in the circumstances; (iii) as soon as reasonably practicable after the incident or after giving the assistance mentioned in subparagraph (ii) – notify a representative of the Police Force of the following: (A) that the incident has occurred; (B) the location of the incident; (C) that the driver was the driver of the vehicle involved in the incident; (D) the driver's name; (iv) comply with any reasonable direction given by a representative of the Police Force in relation to the incident. 174FB Dangerous driving during pursuit (1) The driver of a vehicle commits an offence if: (a) a police officer gives the driver a direction to stop the vehicle under a law in force in the Territory; and (b) the driver fails to comply with the direction; and (c) a police officer pursues the vehicle; and

Safety and road rules compliance Interaction with other road users

http://www.google.com.au/url?sa=t&rct=j&q=&esrc=s&source=web&cd=4&cad=rja&uact=8&ved=0CC4QFjAD&url=http%3A%2F%2Flexisweb.lexisnexis.com.au%2FRead-Legislation.aspx%3Fs%3Dnt%26f%3Dnt_act_1983-47%26t%3Dcriminal-code-act-1983&ei=mOK8U4rKKonfkgW144HQCg&usg=AFQjCNEDvOoOUdNEXTfzkgB9Gtu59rvNlQ&bvm=bv.70138588,d.dGI


(d) the driver drives the vehicle dangerously while it is being pursued.

Australian Vehicle Standards Rules (NT)

Driver, be in control of

bus means a motor vehicle built mainly to carry people that seats over 9 adults (including the driver). car means a motor vehicle built mainly to carry people that: (a) seats not over 9 adults (including the driver); and (b) has a body commonly known as a sedan, station wagon, coupe, convertible, or roadster; and (c) has 4 or more wheels. drive includes be in control of. driver, of a vehicle, means the person driving the vehicle.


Regulatory options for automated vehicles: ANNEX NTC ...264DF9EA... · Regulatory options for...

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