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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--ROAD RULES) REGULATION 2009 - REG 139
Exceptions for avoiding obstructions on a road
139 Exceptions for avoiding obstructions on a road
(1) A driver on a two-way road without a dividing line or median strip may
drive to the right of the centre of the road to avoid an obstruction if— (a)
the driver has a clear view of any approaching traffic; and
(b) it is
necessary and reasonable, in all the circumstances, for the driver to drive to
the right of the centre of the road to avoid the obstruction; and
(c) the
driver can do so safely.
(2) A driver on a road with a dividing line may
drive to the right of the dividing line to avoid an obstruction if— (a) the
driver has a clear view of any approaching traffic; and
(b) it is necessary
and reasonable, in all the circumstances, for the driver to drive to the right
of the dividing line to avoid the obstruction; and
(c) the driver can do so
safely.
(3) For subsection (2) , if the dividing line is a single continuous
dividing line to the left of a broken dividing line, a single continuous
dividing line only or 2 parallel continuous dividing lines, the hazard in
driving to the right of the dividing line must be taken into account in
deciding whether it is reasonable to drive to the right of the dividing line.
(4) A driver may drive on a dividing strip, or on or over a single continuous
line, or 2 parallel continuous lines, along a side of or surrounding a painted
island, to avoid an obstruction if— (a) the driver has a clear view of any
approaching traffic; and
(b) it is necessary and reasonable to drive on the
dividing strip or painted island to avoid the obstruction; and
(c) the driver
can do so safely.
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