Exemption for road workers etc

In force

(1)

A provision mentioned in subrule (2) does not apply to a person at the site of, and engaged in, roadworks if, in the circumstances—

(a)

it is not practicable for the person to comply with the provision, and

(b)

sufficient warning of the roadworks has been given to other road users.

Note.

Roadworks is defined in subrule (4).

(2)

Subrule (1) applies to the following provisions—

• Part 4 (Making turns), Division 1 (Left turns) and Division 2 (Right turns)

• Part 7 (Giving way), except—

— rule 67 (Stopping and giving way at a stop sign or stop line at an intersection without traffic lights)

— rule 68 (Stopping and giving way at a stop sign or stop line at other places)

— rule 69 (Giving way at a give way sign or give way line at an intersection)

— rule 70 (Giving way at a give way sign at a bridge or length of narrow road)

— rule 71 (Giving way at a give way sign or give way line at other places)

— rule 79–1 (NSW rule: interfering or interrupting funeral cortege or authorised procession)

— rule 79–2 (NSW rule: precedence at ferries, punts, bridges or railway crossings)

• Part 8 (Traffic signs and road markings), except—

— rule 102 (Clearance and low clearance signs)

— rule 103 (Load limit signs)

• Part 11 (Keeping left, overtaking and other driving rules)

• Part 12 (Restrictions on stopping and parking)

• rule 224 (Using horns and similar warning devices)

• Part 14 (Rules for pedestrians), except rule 236(1) (which is about causing a traffic hazard by moving into the path of an approaching vehicle)

• rule 264 (Wearing of seatbelts by drivers)

• rule 265 (Wearing of seatbelts by passengers 16 years old, or older)

• rule 268 (How persons must travel in or on a motor vehicle)

• rule 288 (Driving on a path)

• rule 289 (Driving on a nature strip)

• rule 290 (Driving on a traffic island)

• rule 291–1 (NSW rule: engine of stationary vehicle to be switched off to prevent noise)

• rule 294–3 (NSW rule: towing restrictions generally)

• rule 296 (Driving a vehicle in reverse)

• rule 297(2) (which requires a driver to have a clear view of the surrounding road and traffic)

• rule 298 (Driving with a person in a trailer).

Note.

This subrule is not uniform with the corresponding subrule in rule 310 of the Australian Road Rules. Different rules may apply in other Australian jurisdictions.

(3)

Rule 20 (Obeying the speed limit) does not apply to a driver—

(a)

driving a snow-clearing vehicle and engaged in snow-clearing, or

(b)

driving a motor vehicle and engaged in speed zoning tests authorised under another law of this jurisdiction.

(4)

In this rule—

roadworks means—

(a)

construction or maintenance of a road, or

(b)

road cleaning, or

(c)

installation or maintenance work authorised under another law of this jurisdiction on, above or below a road, or

(d)

installation or maintenance of a traffic control device, traffic-related item or traffic monitoring device, or

(e)

a traffic survey authorised under another law of this jurisdiction, or

(f)

a road surface survey test.

Note 1.

Traffic control device and traffic-related item are defined in the Dictionary.

Note 2.

A person may need to be authorised under another law of this jurisdiction to carry out roadworks or tests mentioned in this rule.

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310 Exemption for road workers etc