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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--ROAD RULES) REGULATION 2009 - REG 322
Reference to traffic control devices and traffic-related items on a road etc.
322 Reference to traffic control devices and traffic-related items on a road
etc.
(1) A traffic control device or traffic-related item above or near a road is
taken to be on the road. Examples— 1 A speed limit sign erected on a post
at the side of a road is taken to be a speed limit sign on the road.
2 A
traffic lane arrow on a structure immediately above the road is taken to be a
traffic lane arrow on the road.
3 A do not overtake turning vehicle sign
attached to a vehicle on a road is taken to be a do not overtake turning
vehicle sign on the road.
(2) However, the device or item is taken to be on
the road only if it is clearly visible to road users to whom it is designed to
apply. Example— A shared zone sign erected on a post near the side of a
road is a traffic sign on the road only if it is clearly visible to drivers
driving on the road during the day and in normal weather conditions.
(3) A
traffic control device or traffic-related item above or near an area or place
is taken to be in or at the area or place. Examples— 1 Traffic lights
erected outside the area of an intersection, but near that area, are taken to
be traffic lights at the intersection.
2 A hook turn only sign fixed to a
structure above a road that is close to, but before, an intersection is taken
to be a hook turn only sign at the intersection.
3 A parking control sign
near the side of a road is taken to be at the side of the road.
4 A parking
control sign near the centre of a road is taken to be at the centre of the
road.
(4) However, the device or item is taken to be in or at the area or
place only if it is clearly visible to road users to whom it is designed to
apply. Example— A no right turn sign suspended from wires above a road
close to, but before, an intersection is a traffic sign at the intersection
only if it is clearly visible to drivers approaching the intersection during
the day and in normal weather conditions.
(5) Without limiting subsection
(3) , a traffic control device or traffic-related item above or near a break
in a dividing strip is taken to be at the break. Example— A no U-turn sign
erected in a dividing strip close to, but before, a break in the dividing
strip is taken to be at the break.
(6) However, the device or item is taken
to be at the break only if it is clearly visible to road users to whom it is
designed to apply.
(7) A traffic control device or traffic-related item is
taken to comply with subsection (2) , (4) or (6) unless the contrary is
proved.
(8) In this section—
"clearly visible" means— (a) for a traffic signal—clearly visible during
the day and night in normal weather conditions; or
(b) for another traffic
control device or a traffic-related item—clearly visible during the day in
normal weather conditions.
"day" means the period between sunrise on a day and sunset on the same day.
"normal weather conditions" means weather conditions that are not hazardous
weather conditions causing reduced visibility.
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