Speed Limits
Throughout Australia the maximum default speed limit outside a built-up area is 100 km/h. The maximum default speed limit in a built-up area is 50 km/h. Unless a road sign indicates otherwise, these are the general maximum speeds at which you are allowed to drive.
A built-up area, in relation to a length of road, means an area in which either of the following is present for a distance of at least 500 metres or, if the length of road is shorter than 500 metres, for the whole road:
(a) buildings, not over 100 metres apart, on land next to the road;
(b) street lights not over 100 metres apart.
Rule 21 Australian Road Rules—Speed limit where a speed limit sign applies
(3) A speed limit sign on a road applies to the length of road beginning at the sign and ending at the nearest of the following:
(a) a speed limit sign on the road with a different number on the sign;
(b) an end speed limit sign or speed derestriction sign on the road;
(c) if the road ends at a T-intersection or dead end—the end of the road.
Rule 25 Australian Road Rules—Speed limit elsewhere
(1) If a speed limit sign does not apply to a length of road and the length of road is not in a speed limited area, school zone or shared zone, the speed limit applying to a driver for the length of road is the default speed limit.
(2) The default speed limit applying to a driver for a length of road in a built-up area is 50 kilometres per hour.
(3) The default speed limit applying to a driver for any other length of road is—
(a) for a driver driving a bus with a GVM over 5 tonnes, or another vehicle with a GVM over 12 tonnes —100 kilometres per hour; or
(b) for any other driver—100 kilometres per hour or as otherwise provided under another law of this jurisdiction.
The introduction of the Australian Road Rules saw advertising campaigns stating “50kph unless otherwise signed” for built up areas. An example is when you drive from a side road onto another road that is signed 60kph. If you are not faced with a 60kph sign when you turn on to that new road then the speed limit for you is 50kph. Not really a problem because you are under the speed limit for that length of road, and you will come across a 60kph sign eventually. If you know that the road you have turned on to is signed 60kph then you can travel at 60kph.
Just remember that every time you turn on to another length of road you should either travel at the speed you know that road to be or travel at the default speed limit until you see a sign that shows a higher or lower speed.
Roundabouts
Rule 114 Australian Road Rules—Giving way when entering or driving in a roundabout
(1) A driver entering a roundabout must give way to—
(a) any vehicle in the roundabout; and
(b) a tram that is entering or approaching the roundabout.
Rule118 Australian Road Rules—Giving a left change of direction signal when leaving a roundabout
(1) If practicable, a driver driving in a roundabout must give a left change of direction signal when leaving the roundabout.
Most drivers navigate roundabouts without incident. The roundabout is a cheap and effective way to regulate traffic. They improve traffic flow, have no electrical components that can fail, and continue to operate if the power supply fails.
Rule 114 states that a driver must give way to any vehicle in the roundabout. This can include vehicles approaching from the left. If the vehicle enters in to the roundabout before you then you must give way. The give way to the right Rule does not apply at a roundabout.
Rule 118 states that you “must” give a left change of direction signal when exiting a roundabout. For left turning vehicles this is not a problem because the indicator should be on. For vehicles travelling straight ahead or turning right at the roundabout the Rule states that you must indicate left when exiting the roundabout. The Rule does start with the words “If practicable..”. This means that considering all things, if it is possible for the driver to indicate left when exiting a roundabout, then the driver must indicate when exiting a roundabout. Who decides if it is possible to achieve? The Government of South Australia has recently changed the learner driving test and now state that a learner driver cannot fail a driving test if they fail to indicate when exiting a roundabout.
Having said all that why do we use the indicator in the first place? It shouldn’t be just because it is the law. The indicator is a means of giving timely information to other road users. Practice and improve your use of the indicator. The more you use it, and use it at the right time, the easier it will be. Muscle memory will develop and what was once a chore will become a habit.
Cause and permit offences (South Australia)
| synonyms: | allow, let, authorize, give someone permission/authorization/ consent to, assent to, give one’s consent/assent to, give one’s blessing to, give someone/something the nod, acquiesce in, agree to, accede to, approve of, tolerate, countenance, suffer, brook, admit of;
legalize, legitimatize, legitimate; informalgive the go-ahead to, give the thumbs up to, OK, give the OK to, give the green light to, say the word
“no company would permit an unqualified accountant to audit its books”
|
Section 167 Road Traffic Act—Causing or permitting certain offences
(1) A person who causes or permits another person to commit any offence against any provision of this Act is guilty of an offence and liable to the penalty prescribed for the offence so caused or permitted.
(2) This section does not restrict the application to any provision of this Act of section 267 of the Criminal Law Consolidation Act 1935which relates to the liability of persons aiding, abetting, counseling or procuring the commission of offences
The Australian Road Rules has no provision for Cause and Permit offences. Section 167 Road Traffic Act applies to any provision of the Road Traffic Act including Section 80 Road Traffic Act (all of the Australian Road Rules)
Section 143 Motor Vehicles Act—Causing or permitting offences
(1) A person who causes or permits another person to do or omit to do anything in contravention of any provision of this Act is guilty of an offence and liable to the penalty prescribed for that contravention.
The effect of cause and permit legislation is that it can place the responsibility of a drivers actions on to another person such as the owner of the vehicle, a qualified supervising driver who is instructing a learner, a motor vehicle driving instructor, a person responsible for the vehicle (car salesman or hire company) or a bystander encouraging a driver to act in an illegal manner.
Giving way when making U-turns
Rule 38 Australian Road Rules—Giving way when making a U-turn
A driver making a U-turn must give way to all vehicles and pedestrians.
A driver making a U-turn must give way to all vehicles and pedestrians. This includes some vehicles that you may think have to give way to you. In all rules relating to giving way or stopping there is included the exception of giving way to “a vehicle making a U-turn”. Some examples of this exception are found in Rule 67 and Rule 73.
Rule 67 Australian Road Rules—Stopping and giving way at a stop sign or stop line at an intersection without traffic lights
(1) A driver at an intersection with a stop sign or stop line, but without traffic lights, must stop and give way in accordance with this rule.
This rule applies also to T-intersections. For this rule, give way means the driver must remain stationary until it is safe for the driver to proceed—see the definition in the dictionary.
(2) The driver must stop as near as practicable to, but before reaching—
(a) the stop line; or
(b) if there is no stop line—the intersection.
(3) The driver must give way to a vehicle in, entering or approaching the intersection except—
(a) an oncoming vehicle turning right at the intersection if a stop sign, stop line, give way sign or give way line applies to the driver of the oncoming vehicle; or
(b) a vehicle turning left at the intersection using a slip lane; or
(c) a vehicle making a U-turn.
(4) If the driver is turning left or right or making a U-turn, the driver must also give way to any pedestrian at or near the intersection who is crossing the road, or part of the road, the driver is entering.
(5) For this rule, an oncoming vehicle travelling through a T-intersection on the continuing road is taken not to be turning.
Rule 73 Australian Road Rules—Giving way at a T-intersection
(1) A driver at a T-intersection without traffic lights or a stop sign, stop line, give way sign or give way line, must give way in accordance with this rule.
For this rule, give way means the driver must slow down and, if necessary, stop to avoid a collision
(2) If the driver is turning left (except if the driver is using a slip lane) or right from the terminating road into the continuing road, the driver must give way to—
(a) any vehicle travelling on the continuing road (except a vehicle making a U-turn on the continuing road at the T-intersection); and
(b) any pedestrian who is crossing the continuing road at or near the intersection.
Bicycle Law
Road Traffic (Road Rules — Ancillary and Miscellaneous Provisions) Regulations
11A – Keeping a safe lateral distance when passing bicycle rider
- Despite anything in Rule 144, a driver of a motor vehicle driving past to the right of the rider of a bicycle travelling in the same direction as the driver must pass the bicycle at a sufficient distance from the bicycle.
Rule 144 – Keeping a safe distance when overtaking.
- In this regulation, unless the contrary intention appears
Bicycle includes —
(a) the rider of the bicycle and any passenger on the bicycle; and
(b) any bicycle trailer towed by the bicycle and any passenger in or on the trailer;
and
(c) any basket or pannier bags attached to the bicycle or any trailer,
but does not include a flag or stick (whether or not flexible) attached to and projecting sideways from the bicycle or any trailer;
bicycle trailer has the same meaning as in rule 257(2);
Rule 257 (2) – Bicycle Trailer means a vehicle that is built to be towed, or is towed, by a bicycle.
lateral distance, from a bicycle that is being passed by the driver of a motor vehicle, means the distance between the following points:
- the furthermost point to the right on the bicycle; and
(b) the furthermost point to the left on the driver’s vehicle or any projection from the vehicle (whether or not attached to the vehicle); sufficient distance, from a bicycle that is being passed by the driver of
sufficient distance, from a bicycle that is being passed by the driver of a motor vehicle, means —
(a) if the speed limit applying to the driver for the length of road is not more than 60 kilometres per hour — a lateral distance from the bicycle of at least 1metre;
or
if the speed limit applying to the driver for the length of road is more than 60 kilometres per hour — a lateral distance from the bicycle of at least 1.5 metres.
11B — Exemption from certain rules when passing bicycle rider
- Despite anything in rule 132, 137, 138, 146 or 147, a driver of a motor vehicle driving past to the right of the rider of a bicycle travelling in the same direction as the driver may, if it is necessary in order to comply with regulation 11A for the passing of the rider, do any of the following:
Rule 132 – Keeping to the left of the centre of a road or the dividing line.
Rule 137 – Keeping off a dividing strip.
Rule 138 – Keeping off a painted island.
Rule 146 – Driving in marked lanes or lines of traffic.
Rule 147 – Moving from one marked lane to another marked lane across a continuous line separating the lanes.
(a) if the driver is driving on a two – way road without a dividing line or median strip—drive to the right of the centre of the road, provided that the driver has a clear view of any approaching traffic and can do so safely;
- if the driver is driving on a road with a dividing line—drive to the right of the dividing line, provided that the driver has a clear view of any approaching traffic and can do so safely;
(c) drive—
- on a dividing strip that is at the same level as the road; or
- on or over a single continuous line, or 2 parallel continuous lines,
along a side of or surrounding a painted island, provided that the driver has a clear view of any approaching traffic and can do so safely;
(d) if the driver is driving on a multi-lane road—drive so that the driver’s vehicle is not completely in a marked lane;
(e) if the driver is driving on a road with 2 or more lines of traffic travelling in the same direction as the driver, but without marked lanes—drive so that the driver’s vehicle is not completely in a single line of traffic;
(f) if the driver is driving on a multi-lane road—move from one marked lane to another marked lane across a continuous line separating the lanes, provided that the driver can perform the movement safely.
- For the purposes of subregulation (1)(c), a dividing strip does not include a painted island and is to be taken to be at the same level as the road even if the dividing strip contains 1 or more raised pavement bars or markers.
(3) Subregulation (1)(a), (b) and (c) do not apply to a service road other than a service road to which a two-way sign applies (in which case they apply to the service road as if it were a separate road).
Key Points:
- The bicycle law is a regulation under the Road Traffic Regulations and overrides any Rule in the Australian Road Rules. This law only applies in South Australia.
- You cannot drive on the incorrect side of a barrier line when overtaking bicycle when driving in another State (at the moment).
- You must give a cyclist a 1 metre clearance when overtaking on a road with a speed limit 60 kph or less. Roads with speed limits of more than 60 kph require a clearance of 1.5 metres.
- You can overtake a cyclist and travel on the other of side solid white line(s) only if the road ahead is clear. Offences apply if any oncoming traffic is embarrassed (slows, swerves, brakes etc.).
- Cyclist can travel on a footpath and must give way to all pedestrians.
- Cyclists are regarded as vulnerable road users. They are overly represented in the yearly road fatality statistics and this legislation is intended to formalise what should really be common sense.
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