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AUSTRALIAN ROAD RULES AMENDMENT REGULATIONS 1999 (No

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AUSTRALIAN ROAD RULES AMENDMENT REGULATIONS 1999 (No AUSTRALIAN ROAD RULES AMENDMENT REGULATIONS 1999 (No. 2) Regulatory Impact Statement September 1999 Report to: National Road Transport Commission Prepared by: R Ungars Report to: National Road Transport Commission Australian Road Rules Amendment Regulations 1999 (No. 2) Regulatory Impact Statement Prepared by: R Ungars ISBN: 0 642 54440 9 REPORT OUTLINE Date: September 1999 ISBN Number: 0 642 54440 9 Title and Sub-title: Australian Road Rules Amendment Regulations 1999 (No.2) Performing Organisation and Address Details Mr R Ungars 9 Yarilla Road SASSAFRAS VIC 3787 NRTC Contact: Ian Shepherd, Senior Project Manager, Phone (03) 9321 8444 Type of Report: Regulatory Impact Statement Objectives: To ensure that the Australian Road Rules clearly reflect the principles and policy agreed to during the extensive consultation process leading to their acceptance by the Australian Transport Council in January 1999, and enable implementation of the Rules by all States and Territories from 1 December 1999. NRTC Programs: Implementation of Reforms. Key Milestones: Approval of the Australian Road Rules by the Australian Transport Council in January 1999. Consideration of amendments to the Rules by representatives of all jurisdictions, meeting as the Australian Road Rules Maintenance Group during March to September 1999 and Parliamentary Counsel of each State and Territory. Abstract: Amendments are required to clarify the intent of particular provisions in the Australian Road Rules; to incorporate corrections and rectify omissions largely of a minor nature; to enable the finalisation and subsequent publication of the amended Australian Road Rules, so that States and Territories can proceed without delay to their implementation on 1 December 1999; and to ensure that the Australian Road Rules, when implemented, make the maximum contribution to road safety and the efficient movement of traffic on Australia’s roads. Purpose: For information. Key Words: Drivers, road rules, road signs, give way rules, traffic signals, turning at intersections, T-junctions, parking, bicycle lanes, bus lanes, tram lanes. FOREWORD A major responsibility of the National Road Transport Commission is to develop and implement national road transport reforms which promote the safety and efficiency of road transport in Australia. The Australian Road Rules were approved by State and Territory Roads and Transport Ministers in January 1999. They are a significant contribution to meeting the requirements for nationally uniform or consistent road transport reform. All States and Territories are seeking to implement the Rules from 1 December 1999. In order for this goal to be achieved, a number of amendments identified by the Australian Road Rules Maintenance Group need to be made to clearly reflect agreed policies and principles - enabling the publication of the updated Rules which jurisdictions may adopt by reference, or incorporation in their own legislation. TABLE OF CONTENTS 1. DESCRIPTION .....................................................................................................1 2. OBJECTIVES AND NECESSITY ......................................................................1 3. IDENTIFICATION OF ALTERNATIVES........................................................1 4. CONSULTATION ................................................................................................2 5. IMPACT ANALYSIS...........................................................................................2 6. SUMMARY JUSTIFICATION .........................................................................11 7. IMPLEMENTATION.........................................................................................11 1. DESCRIPTION This Regulatory Impact Statement assesses the impact of introducing the Australian Road Rules Amendment Regulations 1999 (No. 2). The amendments, largely to achieve improved clarity, the rectification of minor omissions and the removal of ambiguity, have been formulated on the basis of consensus by State and Territory representatives. 2. OBJECTIVES AND NECESSITY The adoption of a set of uniform or consistent Australian Road Rules is a significant achievement. When Ministers gave their approval in January 1999, they also agreed to a strategy to keep the Rules up to date. All jurisdictions recognised that there will be a continuing need to deal with amendments, to support the proper operation of the Rules. Over time, these may comprise simple improvements, inclusion of new rules, and exclusion or amendment of rules found to be inappropriate. In this instance, amendments largely of a machinery nature are required to clearly express agreed policies and principles. The Australian Road Rules Amendment Regulations 1999 (No.2) are necessary for the following reasons: • To clarify the intent of particular provisions in the existing Australian Road Rules; • To incorporate corrections and rectify omissions which are largely of a minor nature; • To enable the finalisation and subsequent publication of the amended Australian Road Rules, so that States and Territories can proceed without delay to their scheduled national implementation on 1 December 1999; • To ensure that the Australian Road Rules, when implemented, make the maximum possible contribution to road safety and the efficient movement of traffic on Australia’s roads. 3. IDENTIFICATION OF ALTERNATIVES There is no practical alternative to making the amendments, as agreed by representatives of State and Territory road and police authorities. Leaving the Australian Road Rules in their present form is not an option. Although the changes are relatively minor in nature, doing so would result in: • Ambiguity in the meaning of some provisions, which defeats the purpose of developing a clear and comprehensive set of national road rules; • Enforcement difficulties arising from lack of completeness or clarity of particular provisions; Page 1 • Uncertainty arising from the potential for different interpretations of rules by the courts, which could be attributed to some existing lack of clarity; • The likelihood of confusion if jurisdictions were forced to apply their own meanings and interpretations to those rules which needed clarification. 4. CONSULTATION Extensive consultation was undertaken prior to the development of the current Australian Road Rules, particularly between States and Territory road and police authorities. A draft of the Rules was widely circulated for public comment in 1995, with 460 submissions received. Consultations have been held with motoring organisations, local government and other interested parties. Similarly, the Office of Legislative Drafting has consulted extensively with State and Territory Parliamentary Counsel in the development of the current Rules. Since the adoption of the Australian Road Rules, extensive consultations between State and Territory representatives - meeting as the Australian Road Rules Maintenance Group - have taken place. The changes proposed have been developed in conjunction with road authorities, police, the Office of Legislative Drafting and State and Territory Parliamentary Counsel, and are broadly agreed at officer level. 5. IMPACT ANALYSIS A Regulatory Impact Statement assessing the impact of the Australian Road Rules was prepared in November 1998. It accompanied the Rules when being considered by the Australian Transport Council, prior to the granting of Ministerial approval. An appraisal of the estimated costs and benefits of their introduction and their impact in different jurisdictions was included. The Australian Road Rules are largely based on current State and Territory law. Nevertheless, some changes to current practice had to be accepted by all governments. The Rules will eliminate the vast majority of existing differences. A small number provide for local variations. It is expected that over time these will be reduced as practices in jurisdictions become more uniform. In the meantime, State and Territory traffic regulations will continue to apply until the commencement of the Australian Roads Rules from 1 December. The proposed amendments are largely of a machinery nature and will help to clarify the operation of a number of individual rules. Some require new or amended diagrams to clearly illustrate their application. At this stage, the proposed amendments have no direct impact on road users as such. However, they are seen as essential by all jurisdictions to enable the implementation process to be met. This includes the training and familiarisation of enforcement officers with the content of the Rules, and the preparation of publicity material associated with their introduction. Taken as a whole, the introduction of the Australian Road Rules will eliminate the great majority of current differences between jurisdictions and make driving easier and safer. The main benefits include: Page 2 • More consistent traffic laws for all road users - with particular benefit for interstate travel, transport operators (currently interstate truck drivers have to know the laws of every state), people re-locating interstate and international tourists; • Improved road safety by simplification of traffic laws, promoting safer behaviour and reducing confusion over what the laws are; • Savings in time and reduction in the likelihood of fines for breaching laws in other jurisdictions; • Reduction in the cost of administration such as the printing of road rules, information and education materials and answering queries from the travelling public; • Making the law more
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