Making a motor vehicle secure
213 Making a motor vehicle secure
The driver of a motor vehicle who stops and leaves the motor vehicle on a road, must ensure that this rule is complied with except so far as the driver is exempt from this rule under subrule (7) or (8).
- 3 penalty units.
Note
Motor vehicle is defined in the Road Safety Act 1986.
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.
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.
If the driver will be over 3 metres from the closest part of the vehicle, and—
there is no-one left in the vehicle; or
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.
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—
if the windows of the vehicle can be secured—secure the windows immediately before leaving the vehicle; and
if the doors of the vehicle can be locked—lock the doors immediately after leaving the vehicle.
Note
Window is defined in the dictionary.
For the purposes of subrule (5), a window is secure even if it is open by up to 2 centimetres.
Subrules (3), (4) and (5) do not apply to—
the driver of a vehicle who is engaged 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; or
the driver of a cash-in-transit vehicle while on duty; or
Rule 213(7)(c) amended by S.R. No. 111/2021 rule 9.
the driver of a refrigerated transport vehicle; or
Rule 213(7)(d) amended by S.R. No. 153/2019 rule 4(Sch. 1 item 5(a)), substituted by S.R. No. 121/2020 rule 8(1).
the driver of a breakdown vehicle; or
Rule 213(7)(e) inserted by S.R. No. 121/2020 rule 8(1).
the driver of a vehicle acting in accordance with an exemption from the application of those subrules granted by the Secretary under subrule (8).
Note to rule 213(7) revoked by S.R. No. 121/2020 rule 8(2).
* * * * *
Rule 213(8) amended by S.R. No. 153/2019 rule 4(Sch. 1 item 5(b)).
The Secretary may exempt a driver of a vehicle or class of vehicles from the requirements of subrules (3), (4) or (5) subject to any conditions the Secretary thinks fit.
Rule 213(9) inserted by S.R. No. 121/2020 rule 8(3).
In this rule—
breakdown vehicle means a vehicle driven by a person who attends disabled vehicles as part of the person's employment for the purpose of repairing the disabled vehicle;
cash-in-transit vehicle means a vehicle collecting, transferring or delivering cash or other valuables which is being driven by a person who is a security guard licensed under the Private Security Act 2004 to perform cash‑in‑transit activities.
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