322—References 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.
Note—
"Clearly visible" is defined in subrule (8).
(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
subrule (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.
Note—
"Dividing strip" is defined in the dictionary.
(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 subrule (2), (4) or (6)
unless the contrary is proved.
"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.
Note—
"Night" is defined in the dictionary.
"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.