PART 18 MISCELLANEOUS - Part VI - This copy is not an authorised reprint within the meaning

Part VI Part VI

PART 18 PART 18 MISCELLANEOUS

116 r. 143

(b) Reference in that subsection (I) to the Town Clerk or of any other person authorised by him shall be read as reference to a District Superintendent or Superintendent.

(4) For the purpose of applying subsection (2) of section 44G to offences prescribed under Regulation 140, reference in that subsection (2) to the Town Clerk shall be read as reference to-

(a) Where the offence is detected in the Magistrates Courts District of Brisbane- The Secretary, Department of Transport, Brisbane; or

(b) Where the offence is detected in a Magistrates Courts District other than the Magistrates Courts District of Brisbane-the Clerk of the Court of the District in which the offence is detected, or if there is more than one Court in such District, the Clerk of the Court in that District nearest to the place where the Police Officer detecting the offence is stationed, or if the Police Officer detecting the offence is stationed in some other Magistrates Courts District, the Clerk of the Court of the District in which the offence is detected and nearest to where the offence is detected.

Substituted by regulations published Gazette 7 August 1965, pp. 1825-6 (as from 16 August 1965); as amended by regulations published Gazette 26 May 1979, p. 705; 18 August 1979, p. 2059.

PART 18

117 other vehicles upon that road unless he proves that the rate of speed of the motor vehicle was reasonable having regard to all the circumstances at the time. Such circumstances shall include, but shall not be restricted to, the nature and condition of the road, the amount of traffic on the road, and the effect of any rain, fog, mist, dust or other conditions

restricting visibility. ·

As amended by regulations published in Gazette 26 May 1979, p. 706.

DRINKING ALCOHOL FROM CONTAINER WHILE DRIVING

144A. The driver of a vehicle shall not co.nsume liquor from any container whilst driving such vehicle on any road.

Heading and Reg. 144A inserted by regulations published in Gazette 6 August 1983, pp. 2011-3.

144B. (I) A person shall not at any time between the hours of 7.00 a.m. and 6.00 p.m. Monday to Friday inclusive or between the hours of 7.00 a.m. and 12.00 noon on a Saturday drive a vehicle upon any road or any section thereof which is within the Area of the City of Brisbane and which is bounded by or forms a part of the boundary delineated by the roads specified in the Schedule to this regulation.

(2) For the purposes of subregulation (!), the term "vehicle" shall mean a motor vehicle equipped for the carriage of one or more motor vehicles and- ·

(a)-

(i) having two or more tiers of carrying capacity; and

(ii) carrying a motor vehicle on a tier other than the lower or lowest tier as the case may be; or

(b) regardless of the number of tiers of carrying capacity, carrying a motor vehicle which is positioned so as to be wholly or substantially higher than the roof of the control cabin of the vehicle.

Schedule to Regulation 144B

Adelaide Street, between North Quay and Wharf Street; Wharf Street, between Adelaide Street and Eagle Street; Eagle Street, between Queen Street and Mary Street;

Mary Street, between Eagle Street and Felix Street; Felix Street, between Mary Street and Margaret Street; Margaret Street, between Felix Street and Edward Street; Edward Street, between Margaret Street and Alice Street; Alice Street, between Edward Street and William Street; William Street, between Alice Street and Queen Street; North Quay, between Queen Street and Adelaide Street.

Inserted by regulations published 24 August 1985, p. 2482.

ATTRACTING CROWD

145. A person shall not by speaking, shouting, singing, playing upon or sounding any musical or noisy instrument, or doing or displaying anything whatsoever, without a permit from the District Superintendent, attract together a number of persons upon a road to the inconvenience, annoyance or obstruction of any person or of traffic:

Provided that a person who displays goods in a window in the ordinary course of business shall not be liable to· a penalty under this Regulation if such display is immediately discontinued upon the request of the Superintendent or of a Police Officer at the direction of the Superintendent.

OPENING DOORS AND ALIGHTING FROM VEHICLES 146. (I) A person shall not-

(a) open or leave open a door of a vehicle on a road; or (b) alight from a vehicle on to the carriageway of a road-

so as to cause danger to other persons using the road or so as to impede the passage of traffic.

(2) Where an omnibus is fitted with a control whereby its door or doors may be opened and closed by the driver without leaving his driving position, the driver shall not open the door or doors until the omnibus is stationary and shall not set the omnibus in motion or allow it to continue in motion unless the door or doors are closed.

As amended by regulations published in Gazette 5 August 1978, pp. 1595-1604.

OBSTRUCTING ROADS

147. (I) A person shall not without the written permission of the District Superintendent drive or stand any vehicle on a road for the purpose of soliciting employment or business from the vehicle.

(2) A person shall not stand or place himself upon the carriageway of a road for the purpose of soliciting contributions, employment, business or a ride from an occupant of any vehicle.

CASTING OR THROWING THINGS UPON ROADS

148. A person shall not upon any road cast or drop anything from a moving vehicle so as to injure or be likely to injure any person or animal or damage or be likely to damage any property.

INTERFERENCE OR DAMAGE TO ROADS

149. A person shall not, without lawful authority, dig up, undermine or otherwise interfere with any road or use upon any road anything which may or would be likely to cause danger, obstruction, inconvenience, annoyance or injury to any person or animal upon such road.

149A. A person shall not, without lawful authority-

(a) make or paint any notice, sign, or mark on the surface of any carriageway;

(b) construct, erect, or place any placard, board, notice, or sign in or on any carriageway.

Inserted by regulations published Gazette 13 March 1982, pp. 987-1003.

REMOVAL OF GLASS OR LOADING FALLING UPON ROAD

150. If, from any collision or other incident, any piercing substance such as broken glass, or any loading falls from any vehicle upon any road it shall be the duty of the driver of the vehicle, or, if there be more than one vehicle involved, the drivers of such vehicles, to remove or cause to be removed immediately such substance or loading from such road provided that the driver or drivers aforesaid is or are not physically incapacitated from such task by reason of such collision or other incident and, in the event of such driver or drivers being so physically incapacitated, the duty shall then devolve upon any person removing the vehicle or vehicles from the scene of the collision or other incident.

GOODS AND OTHER OBSTRUCTIONS UPON ROAD 151. (I) A person shall not-

(a) stack or store any goods or permit any goods to remain upon any road for a longer period than is necessary for housing or removing such goods and not in any case before sunrise or after sunset on any day;

(b) place or cause to be placed any rope, wire, or other apparatus across a road in such a manner as to cause or be likely to cause danger to any person using such road;

(c) place or cause to be placed upon any road anything whatsoever to the obstruction or danger of any person or of traffic.

(2) A person shall not upon any road-

OBSTRUCTION BY PERSON SELLING GOODS

(a) sell or offer for sale or solicit in any manner the purchase of any goods so as to cause obstruction to any person or to traffic upon such road;

PLAYING GAMES

(b) play or take part in any game;

CARRYING OFFENSIVE, &c., ARTICLES

(c) carry any article or substance of an offensive or indecent character or of such length or dimensions as to be an inconvenience, obstruction or danger to any person or to traffic upon such road;

CARRY WHIP

(d) carry a whip or other object or article in such a manner as to be likely to strike any person;

CRACK OR USE WHIP

(e) crack or use a whip so as to annoy, interfere with or endanger any person, or so as to frighten or interfere with any animal other than any animal which he is using;

DISCHARGING FIREARM, FIREWORKS, OR THROWING MISSILE, &c.

(f) discharge any firearm or throw or discharge any stone or other missile or make any bonfire or throw or set fire to any firework.

DANGEROUS OBJECTS ON ROADS

152. (I) A person shall not upon any road roll, carry or transport any matter, substance or thing in such a manner as to be a danger to traffic or property.

(2) A person shall not place any blind, shade, covering, awning, or other projection over or along any footway unless such blind, shade, covering, awning or other projection is at least 2.4 metres in height in every part from the surface of the road.

As amended by regulations published Gazette 22 June 1974, pp.1116-20; 29 November 1975, pp. 1255-59.

BOARDING AND ALIGHTING FROM VEHICLES

153. (I) A person, other than a Police Officer or a tramway employee on duty, shall not upon a road board or alight from a tramcar while it is in motion, and a person shall not upon a road alight from or board any other vehicle which is in motion.

(2) A person shall not board or alight from a tramcar elsewhere than from the left side thereof.

PASSENGERS UPON OMNIBUSES

154. (I) A person shall not ride upon any part of an omnibus which is not designed or intended for the carriage of passengers:

Provided that this Regulation shall not apply to any Police Officer or to any person employed upon or in connection with such omnibus.

(2) A person who brings onto an omnibus a container shall keep the container and its contents under his control whilst he is on the omnibus and shall take the container and its contents with him when he alights.

As amended by regulation published Gazette 5 August 1978, pp. 1595-1604.

PASSENGERS UPON TRAMCARS 155. A passenger upon a tramcar shall not-

(a) carry or place any loaded firearms or explosive substance or inflammable matter in or upon such tramcar;

(b) stand upon the platform used by the motorman of such tramcar:

Provided that sub-paragraph (b) of this Regulation shall not apply to a Police Officer or to a tramway employee when on duty.

PASSENGER NOT TO BE CARRIED OUTSIDE VEHICLE

156. (l) A person shall not be upon the outside of any vehicle being driven upon any road.

(2) A person shall not occupy any portion of the driver's seat on the right side of the driver of any vehicle upon any road.

(3) A person shall not upon any road drive any vehicle while any person is upon the outside of such vehicle, or while any person occupies any portion of the driver's seat on the right side of such firstmentioned person.

(4) Without limiting the generality of the foregoing provisions of this Regulation a person shall be deemed to be upon the outside of a vehicle if he is upon the hood, bonnet, mudguard, running board, bumper-bar, or luggage carrier of such vehicle.

(5) A person shall not ride or travel in or upon a motor vehicle in such a position that any part of his body or limbs-

( a) is upon or in contact with any external step or footboard of the vehicle;

(b) extends or protrudes beyond or through any external door, window or other opening of the vehicle; or

Provided that this subregulation shall not affect the giving of any signals authorised or prescribed by these Regulations.

DRIVING ABREAST

157. (I) A person shall not upon a road drive a vehicle abreast of any other vehicle being driven in the same direction as the firstmentioned vehicle upon that road: Provided that this subregulation shall not apply-

(a) Upon a one-way carriageway;

(b) Where a vehicle is driven for a reasonable distance abreast of another vehicle for the purpose of passing;

(d) To the riding of a bicycle abreast of not more than one other bicycle;

(e) To the riding of bicycles upon a carriageway set aside exclusively for bicycles.

(2) A person shall not upon the carriageway of any road ride a horse abreast of more than one other horse being ridden in the same direction as the firstmentioned horse upon that carriageway.

Substituted by regulations published Gazette 13 April 1963, p. 1620.

DRIVING BACKWARDS

158. A person shall not drive a motor vehicle in reverse on a carriageway- (a) unless he can do so with safety;

(b) for a greater distance than is reasonable having regard to the circumstances.

DRIVING ON FOOTWAY OR RESERVATION

159. (I) A person shall not drive a vehicle upon a footway except when driving directly across such footway for the purpose of entering or leaving a private driveway,

r. 159A REGULATIONS

loading dock, or other place provided for access of vehicles between a road and any adjacent premises or place.

(2) If a road includes two or more separate carriageways divided by a reservation or reservations, a driver shall not cross from one carriageway to another except at a place improved, designed or ordinarily used for vehicular traffic. ·

(3) Notwithstanding the provisions of subregulations (I) and (2) hereof, an employee of the Australian Postal Commission may ride a bicycle, moped or a motor cycle upon a footway or reservation -if but only if-

(a) the driver thereof is actually engaged in the delivery of postal articles;

(b) the engine capacity of any motor cycle does not exceed 110 millilitres;

(d) the driver takes reasonable precautions to avoid collision with, and drives in such a manner as not to cause danger or obstruction to, any person or thing upon such footway or reservation; and

(e) the driver takes the shortest practicable route from the carriageway to the point of delivery and the shortest route from the point of delivery to the carriageway after· such delivery is made.

As amended by regulations published 6 August 1983, pp. 2011-3.

BICYCLES ON SEGREGATED FOOTWAYS, SHARED FOOTWAYS, BICYCLE PATHS AND BICYCLES LANES

159A. (1) (a) Wherever a bicycle lane is provided on a carriageway and is in reasonable condition for use, a rider of a bicycle or tricycle travelling along that carriageway shall, where practicable, use that bicycle lane.

(b) A person riding a bicycle or tricycle upon a bicycle lane shall not permit any part of his vehicle to cross a line marked upon the carriageway to separate such bicycle lane from any other portion of the carriageway unless-

(i) it is safe to do so; and

(ii) the person has signalled his intention to do so as required by these Regulations.

(c) A person riding a bicycle or tricycle upon a bicycle lane shall travel only in the direction of the traffic flow in the adjacent lane unless the contrary is indicated by an official traffic sign.

(2) A person riding a bicyle or tricycle upon a bicycle lane or bicycle path shall keep his vehicle as close as practicable to the left boundary of such bicycle lane or bicycle path.

(3) When overtaking a moving vehicle upon a bicycle lane or path, a person riding a bicycle or tricycle shall-

(a) pass to the right of that vehicle at a safe distance unless the vehicle to be overtaken is making or apparently about to make a right hand turn, in which case the person riding the bicycle or tricycle may pass to the left thereof and shall not pass to the right thereof;

(b) indicate his intention to overtake as prescribed in Regulation 45 of these Regulations;

(4) A person riding a bicycle or tricycle on a segregated footway shall not ride that bicycle on the portion of the footway which corresponds to the side of the segregated footway sign applicable to the rider's direction of travel on which a symbol of a person is depicted.

(5) A person riding a bicycle or tricycle upon a shared footway shall give way to any pedestrian entering or upon that shared footway.

(6) A person riding a bicycle or tricycle upon a shared footway, segregated footway or bicycle path shall, when passing a bicycle travelling in the opposite direction, keep left of that bicycle or tricycle.

Heading and regulation inserted by regulations published Gazette 10 May 1986, pp.

582-6 (as from 1 June 1986).

159B. (1) Notwithstanding the provisions of Regulation 159-

(a) a person pushing or pulling a wheelchair carrying an incapacitated person upon a road;

(b) an incapacitated person using a wheelchair, whether the means of propulsion thereof be manual, mechanical, electrical or any other means whatsoever, and causing that wheelchair to travel upon a road,

shall, subject as is otherwise provided in this Regulation, use a footway.

(2) (a) Where no footway exists, or where it is unfit for use, the wheelchair may be propelled along the carriageway if it is kept as close as is practicable to the left hand boundary of the carriageway.

(b) When it is required that the wheelchair cross a carriageway from one side to the other, the wheelchair shall be propelled as nearly as it is practicable by the most direct route available.

(3) A person to whom this Regulation applies shall-

(a) ensure that the wheelchair does not travel at a speed in excess of 7 kilometres per hour; and ·

(b) exercise proper care for the safety and welfare of pedestrians and other road users.

(4) For the purposes of this Regulation-

( a) "wheelchair" means a chair on wheels designed and intended for the move- ment of an incapacitated person from one place to another;

(b) "incapacitated person" means, with respect to the user of a wheelchair which is propelled by means of an internal combustion motor or electric motor, a person bearing a current medical certificate from a medical practitioner stating that the person's state of health necessitates the use of a wheelchair.

Inserted by regulations published Gazette 19 July 1986, pp. 2185-9.

RIDING IN TRAILERS

160. (I) A person shall not drive a vehicle towing a trailer including a caravan trailer while any person is in the trailer.

(2) A person shall not ride in a trailer including a caravan trailer while it is being towed.

Heading substituted by regulations published Gazette 5 August 1978, pp. 1595-1604.

Reg. 160 substituted by regulations published Gazette 5 August 1978, pp. 1595-1604.

(a) the register required to be kept shall be deemed to be in the prescribed form and to contain the prescribed information if there are inserted therein particulars as to name and address of occupier of garage or premises where repairs or painting are carried out; name and address of owner of motor vehicle and person leaving motor vehicle repaired or repainted; date and time such motor vehicle received; particulars of such motor vehicle, including registered number, make and model, colour, engine number (old and new numbers if engine changed), and chassis number (if readily available), and nature of repairs or painting, including colour of painting.

(b) the term "repairs" shall mean the repairing, renovating, or replacing of any part of a motor vehicle which has or may have been damaged as a result of

Dalam dokumen This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld). (Halaman 118-130)