Road Rules – It’s time to take some lessons, Australia

By John Cadogan | February 28th, 2010

Most people are road-rule idiots. I know I was, up until about 18 months ago when I read the almost-400-page online version of the Australian Road Rules for an assignment I was boning up on. It’s a seriously long-winded, hard-to-read document. If you printed it out, you could use it for self-defence.

The magnitude of stuff I just didn’t know gobsmacked me.

An example: How many people do you know who claim if they’re driving on private property – say, the local Woolies carpark – then the road rules don’t apply. If you know anyone like this, you can tell them from me that they’re full of it.

The Australian Road Rules apply to roads – and a road has a specific definition that has nothing whatsoever to do with whether the road is on privately-owned or public land.
Here’s the official definition: “A road is an area that is open to or used by the public, and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.” Best read it a couple of times, because the implications are huge.

Here’s one: Let’s say you’ve had a few beers at the pub and, like a responsible driver you elect to cop a ride home from a (sober) mate or in a cab. But first, because you don’t like where your car is parked in the pub’s car park, you elect to drive it further down the back, where some drunk idiot is less likely to sideswipe it in the wee small hours. I mean, it’s not as if you’re rolling blotto here – there’s just a chance you might be over the limit.

So you move your car, the cops swing into the car park, they stop you and breath-test you. You fail the breath test, they arrest you, you get breathalysed and then charged with low-range PCA … and yet the offence occurred on private property. This is because the pub car park is a) open to the public and b) is developed for the riding or driving … blah, blah, blah. It’s a road.

That means all those other rules apply as well – seatbelts, giving way rules, having a registered car, mobile phones, indicators, having a driver’s license, etc. And guess what? It’s not just car parks – it’s beaches like Fraser Island or Sydney’s Stockton beach, bush tracks generally. Anywhere open to the public (or even closed to the public but used for driving anyway) is basically a road.

Now let’s take pedestrians. You have an obligation to avoid hitting one. Pedestrians have an obligation not to cause unnecessary obstructions. Pedestrians aren’t allowed to walk on the road if there’s a serviceable footpath or nature strip, and they’re not allowed to cross the road within 20 metres of a pedestrian crossing – but they are everywhere else. Drivers have to give way to pedestrians on crossings, obviously (give way means slow down, stop or remain stationary, if required, to avoid a collision). But if you are turning at an intersection and a pedestrian is crossing the road you’re turning into – you have to give way. Strangely this doesn’t apply at roundabouts.

And here’s some stuff most people don’t know about parking. Before you leave the vehicle – even if you’re just getting out briefly for whatever reason – it’s a legal requirement that you apply the parking brake. If you then move more than three metres away (the official distance to qualify as legally ‘leaving the vehicle’), you must also switch off the engine. If you leave the vehicle and there are no passengers (or only passengers under 16) you must remove the ignition key (the Road Rules haven’t adapted up to the existence of proximity keys yet).

If you leave the vehicle and there are no passengers, you must roll up the windows (at least within 2cm of shut) and also lock the doors.

If you knew all that stuff already, you’ve a better appreciation for the Road Rules than I had several months back. And if you didn’t, maybe it’s time you downloaded the PDF version of the Australian Road Rules and started curing your insomnia with it.

Andrew M

Wow, I cant believe how stunned you were about road rules that should infact be general knowledge.
But hey, perhaps there are some out there that just cant put 2 and 2 together let alone know the actual rules.
Perhaps you could educate your readers on the keeping left rule as I am coming across one idiot every day on the logan Motorway that thinks its cool to do 90 in the right hand lane for the fun of it. Some dont even get the hint with a head light flash.
It dead set nearly causes an accident every time once a decent stream of traffic catches up to them. I am so close to having a sign made for the back of my trailer with that plane and simple rule.

Oh and I just got to ask how the statement “Most people are road-rule idiots” is proven. Although I would agree many are, I just got to ask is that statement proven from survey results or something??

CTC, yes, it is illegal to reverse out onto or along a road

The Real Car Fanatic

Totally agree with the retards who don’t know you have to keep to the left, they piss me off on a daily basis when all i want to do is overtake the slower vehicle and pull back into the left hand lane!
BigDoos

Try this as an exercise. Next time you’re held up by a dawdler in the overtaking lane, try overtake on the left, if possible, get infront of him, then slow down to atleast 20kph SLOWER than he was going.

I’ve had some interesting reactions. At best, they get the message, wake up from their stupor & move over to the left. At worst, they just sit there & carry on quite happily going way slower than they were originally going!
david

Re the Keep left unless over taking in QLD, when Main Roads finished the recent upgrade to the Bruce up to the Bribie island turnoff, i sent them a request asking that new “keep left unless overtaking” signs be placed on the highway as it was obviously causing major problems every afternoon.

However, i was advised that it was now Australian Standard to not place these signs in areas where the speed was over 80kph, and that if drivers werent obeying the law, it was QLD police’s job to enforce the law….

I then asked QLD police if they did, and they advised it was generally too difficult to enforce, and thus it rarely was.

Hjalle

What about drive ways? Do they count as a road or are they exepmt from the law?
Shak

This just goes to show how little people are given education when they go for their tests.
Tony

I think those people that I see doing U turns at traffic lights nearly every day obviously havn’t read the rules.

The Real Car Fanatic

Yes they have, proof? They also ignore the big sign at some intersections that clearly state NO U TURN

OzProud

Too true! – arrogance rather than ignorance – what % of the people you see using a mobile phone while driving do we really believe are unaware of the law? She’ll be right mate – the rules are really for everyone else not for the expert drivers like me!

arnold

just fyi, it is legal in victoria to make a u-turn at a traffic light unless otherwise stated with a no u-turn sign. but i read it somewhere that it is illegal in nsw to do so

Save it for the track

Nice article. Pity that it fails to mention that the ‘Australian Road Rules’, are not strictly in use as originally made, or even apply the same in each state. A glaring example is the simple ‘u-turn at traffic lights’. To my knowledge (and I may be wrong about WA & NT) EVERY Australian jurisdiction states that you CANNOT do u-turns at traffic lights unless a ‘u-turn permitted’ sign is displayed. HOWEVER, Victoria is THE ONLY state that is different, where the Victorian rule is written specifically opposite. Stating that u-turns CAN be done at traffic lights unless there is a sign that says ‘no u-turn’. The rules in NSW at the moment are set out in the ‘Road Rules 2008′, and there are some additional NSW rules. Just like Victoria obviously has differing Australian Road Rules. I have known for my well over twenty years of driving that u-turns at traffic lighst are not permitted, and I know that in the years before I got my driver licence (NSW), that was the rule in NSW. That doesn’t stop driver’s of all ages holding NSW licences moaning when they get pulled over and issued a ticket for the offence. Despite apparent popular belief u-turns at traffic lights are also not allowed in QLD, unless a ‘u-turn permitted’ sign is displayed. There are many areas in Qld, particularly on the Gold Coast that have signs up at traffic lights as a reinforcement, in close proximity to intersectons that have ‘u-turn permitted’ signs at them. A very few intersections in NSW have also had signs put up at traffic lights to reinforce the message. Yep, there’s Australian Road Rules, but many choose to selfishly or arrogantly ignore them. And as I have pointed out, and can be easily searched, there are differences and additions in each state.
noD

Things I see nearly everyday. Driving with one arm hanging out the window mostly with a cigarette in it. Passengers in cars with passenger front airbags hoping the airbags wont go off with their feet on the dash or maybe they want their feet inserted in their mouth and are not supple enough to do this without assistance. At roundabout drivers believe that the fastest person driving up to a roundabout has the right of way (Audi drivers seem to be the worst offenders here). Its OK to park on a bus stop as I’m only stopping to get the newspaper. Indicators you put on after changing lanes to let someone know that you have changed and to give the following driver some assurance that slaming on the brakes had a reason. It is OK to go straight ahead from a right turn only lane especially if the vehicle on the left is also turning right.

Blaze

Quote: “It is OK to go straight ahead from a right turn only lane especially if the vehicle on the left is also turning right.”

*cough* Melbourne’s hook turns *cough*

I agree with you on normal roads, but Melbourne’s hook turns are the exception.

JJ04

That’s all pretty basic stuff, don’t need to read the 400 page book you refer to to know this lol
TheFrugalOne

What about a link to the said pdf. pages John?
Driver & Rider

And how about this one?

A cylist may NOT ride on the carriageway (road) if there is a bike lane present, within the same said carraigeway, unless that bike lane is untrafficable, such as fallen tree branches.

That means: CYCLISTS GET OFF THE DAMN ROAD AND ONTO THE MEGADOLLAR BLUDDY BIKE LANES!

How many roads do you know that are stuffed up because they had to squeeze in bike lanes, only to see the stupid “I know my rights” cyclist ILLEGALLY ride on the road?

fishman

I’d like to know where all these wonderful cycle lanes are that you refer to, because there are bugger all in Sydney…

Hung Low

Like the well lit 40km one that is seldom used on the M7???

Frank

Riding a bicycle on the inner city suburban streets of Brisbane in peak traffic is like playing Russian Roulette with 6 bullets – basically you are guaranteed to get hit or killed.

As for all of the other driving faux pas here, as someone from another country, driving here is a bit like the sinking Titanic where there is only enough life boats for 10% of the passengers- it is pretty much every man (woman) for themselves.

I do not think Aussie drivers are ill intended, but more really they just could get a rats about anyone else when it comes to common courtesy and driving etiquette.

It is pretty much get out of the way because I am here drivers mentality which probably worked well when nobody else was on the road, but not so much in congested traffic.

Additionally, based on what I have read, last year there were more traffic related deaths in Australia than in the UK, which is somewhat surprising, yet even more so since the population of the UK is over double that of OZ.
Matt

And the cyclist then goes through the red light up ahead that all the cars and motorbikes have stopped for…
Flying High

The only right a cyclist has, is to stay the f&*k out of my way.

Miguel

When I am driving I hate pedestrians, when I am walking I hate motorists, but no matter which form of transport I always always hate cyclists.

john

Flying high, Miguel, get over yourselves

sure there are some stupid cyclists out there, and there are just as many stupid motorists out there (ie: girl busted at 0.385). as someone who is both and pays taxes both to RTA and mr income tax, I pay for the roads and have the right to use them legally in whatever way I want.

Seriously I really don’t know why people just calm down. If you are driving in peak hour – you are going to be late anyway damn it.

par3182

I often wonder about this; I got my license in 1980 and haven’t looked at the rule book since. Surely we’d all benefit from occasional retest.

Des

Wash your mouth out, you might shoot all us oldies in the foot. If we made it past 25 with out wrapping ourselves around a post then we might be fairly competent drivers, even if we don’t know the rule book verbatim any more. Do any 50yo’s really remember how far you have to park from a Post Box, and does it really matter?
As for DUI, you can be booked driving a tractor in a paddock, even though its not a road, you can done for driving a ride on mower in your yard and also riding a hourse.

http://www.lukehimself.net Luke

So because you’ve made it past 25 and haven’t had a serious crash yet that makes you an exception to being aware of the rules? And somehow crash-proof? I don’t think so.

Matt

I agree. I’ve had my license since 1994 and there have been numerous changes to road rules that have happened since then that I only know about because younger relatives / friends getting theirs have told me.

Say when you renew you get a short quiz on rules that have changed since your least renewal, similar to the knowledge test you sit to get your Ls? You have to go to the RTA anyway get your new license…

Reckless1

Wow – this must be an interesting read.

But I confess I haven’t read a road rule bok since I got my license in 1968, and don’t intend to.

I’m having too much fun reading the Income Tax Assessment Act, another document which will reveal that every Australian is highly likely to be breaking a law every day.
Millatime

Save it for the track Is absolutely right, various state governments make a complete mockery of the “Australian” road rules by introducing their own variations and laws in every state. They chase revenue ahead of effective education/safety reform and road infrastructure/maintenance. Evidence is a road toll reduction that has stalled.

The state governments demonstrate time and time again that they are incapable of effectively managing our roads. Responsibility for roads needs to be taken from state authorities, forcibly if required and transferred to Federal and local level, and national road rules and licensing are a must
steve

“At roundabout drivers believe that the fastest person driving up to a roundabout has the right of way” what idiots, everybody knows its the biggest car that have right of way. if both are the same size then revert back to fastest.
Rules are ok when you are learning to drive, but after a few years of driving experience, common sense develops in most drivers, then sadly lots of rules dont make sense, and seem to be about control and revenue raising.
Raf

I used to think that they weren’t allowed to have speed cameras on hills or within 20 metres of an intersection (and also used to think, maybe from watching the parents and other adults do it all the time when I was a kid, that you were ALLOWED to speed up to cross an intersection when it would have been dangerous to stop, and that you were allowed to go over the speed limit in the overtaking lane as long as you only did it to overtake and got back in the left lane at the proper speed limit afterwards).

I think my version of the rules is better. Especially the overtaking one, it’s much safer for everyone if you can get in and out of the overtaking lane quick instead of trying to crawl past a 95km/h truck at 100km/h.

I’m actually pretty sure the speed camera one was for real at some point… did they ever have rules on speed camera placement like that, or was I dreaming?

Reckless

I’m just curious i like to drive very fast on the motorway. Since i drive at 150kmh i am always going to get stuck by the guy doing 108kmh on the left lane. So i switch to the right lane, which is empty, and drive at my 150kmh, constantly overtaking all the slower cars in the left lane. And because there was some traffic, there were always cars i nthe left lane that were not doing 110kmh so i just kept overtaking all of them at 150kmh. Then one day i got pulled over by a cop, the idiot didn’t understand that i was just overtaking the cars and that becuase i was overtaking it made it 100% safe for me to speed. Foolish cop.

steve

hey Raf, get with the times, your old common sense thinking has been replaced
by idiots in canbera on ego trips. and the latest is no ground spot lights unless its foggy, we cant allow you to have better visability for night time suburb driving, because you might see a pedestrian or bike rider without lights and have time to avoid hitting them. because if you hit them you must have been speeding
Derr !

The Oracle

Why do you need spot or foglights on when it isn’t foggy? If you wan’t to be seen use your headlights and everyone can see you. Foglights have too much glare, particularly on wet roads. I think it a good rule and the only problem is that it doesn’t get enforced enough. Driving around with your foglights on is wanking that makes everyone else blind.

blitzkrieg

thats rubbish oricle,
foglights have a globe no stronger than standard headlights ie 55wats so how can they produce more glare plus they’re set lower on the car aimed at the
road.
Wet roads mean the road is darker and harder to see at night and in fact much more lit up with fog lights on.Get over it.

The Oracle

Well actually Blitzkreig, it is not rubbish.

Your high beam (H7 bulb) is 55W too and you wouldn’t say that they don’t dazzle. In the case of both fog lights (H3 bulb) and high beam (H7) the lens, reflector and bulb design are different to the shrouded low beam (H4 bulb, 55/60W) and that is what causes the glare and dazzle.

See the posts below from from Andy and Devils Advocate. They explain it very well. Read it and then tell me again it’s rubbish and why you think they are wrong. Get over it? I don’t think so mate.

blitzkrieg

Both those posts make valid points but in the real world i’ve driven past cars with their high beams on and yes they blind the hell out of you and then driven past cars with fogs on and its just not the same high intensity blinding light. To me they are another low beam headlight that never troubles me as i drive past.

CrustyTheClown

John, can you please post the link for all the rules, could make a nice days reading!

Cheers

C.T.C
Blaze

I find it concerning that none of this was specifically taught to me when I was learning how to drive (only a few years ago). I mostly assumed that all of the road rules was covered in the Learners’ Manual.

Reflecting on it, I now realize how much of my knowing what is right and wrong has been based upon my being brought up in Australia and learning through Osmosis…I pity people who are coming from other countries/states and who have different road rule paradigms.
Simon

Please, oh please, post the info pertinent to the use of indicators.
I’m tired of drivers entering a roundabout whilst indicating right, only to go straight through. Even worse when they do it from the left lane!

Ezz

Or the ones that fail to indicate when going around a car turning right (often onto the shoulder), but then indicate when they merge back into the lane after passing. You would think the danger lies in suddenly swerving around a stopped car trying to turn right.

Nick

Nearly 400 pages of road rules……. I wonder how many of them contradict each other through law changes. If they changed or added a law does someone read every other law to ensure this doesn’t negate an older revenue raiser……. I mean law?

Knowing and remembering every rule would be a difficult task and telling the Police you were unaware of some obscure law violation is not an excuse.
ohreally

I am always amused at the folk who consider indicators optional, the kind whose behavior can cause deaths and major collisions on the road if they were to encounter another driver as absent minded as themselves.

Although the worst thing is drivers who tailgate those who are rolling towards a red light, for some reason they think that by accelerating, then braking hard the light will become greener sooner.
Save it for the track

Yep ignorance of the law is no excuse and traffic offences are ‘strict liability’ offences. In other words, you either did the wrong thing or you didn’t. Those of us that enforce the rules use a lot of discretion and if we were to pull everyone up on absolutely anything, I wouldn’t get very far whilst patrolling. For example how many people give a change of direction signal for FIVE SECONDS before pulling away from a stationary position at the side of the road (there are other positions as well)to.
The problem with roundabouts is that all too many forget the basics leading up to a roundabout, which are slow down and prepare to give way to vehicles already in the roundabout, it doesn’t mean maintain your speed or speed up to try and get through with the ‘flow’. This issue of giving way at roundabouts and the overwhelming propensity of driver’s on the ‘main’ road to blatantly ignore the slow down part leads to undue congestion on side roads. The shame of course is that if any accidents occur at rpundabouts it often comes down to conflicting versions, unless of course there are independent witnesses, so many stick with the ‘wait for the fast moving vehicle to the right to pass’, when they actually have the right to move into the roundabout. If all driver’s reduced their speed approaching roundabouts, the whole roundabout concept would work a lot better. That’s just one example. The attitudes of many also are not helpful, and especially in this day and age of the interent it is very easy for people to keep themselves up to date on rules. There have to be rules in place for the use of the roads, if there wasn’t how much more chaotic would it be?
As for proper use of indicators at roundabouts it is quite simple. If turning left use your left indicator on approach and as exiting the roundabout. If going straight ahead, DO NOT INDICATE ON APPROACH, indicate to the left just past the point where you would have been able to turn right, this indicates to other users that you are exiting the roundabout. If turning right, put right indicator on as approaching, when you have made your turn and have reached the point just before you will exit, indicate to the left so that other users know you are exiting. It makes a lot of sense if people have a think about it, if you are simply making a right turn and you have indicated right, but are too lazy or stupid to cancel the right turn indicator yourself and indicate left, your righ turn indicator stays on, giving many the impression that you are staying in the roundabout and possibly completing a ‘u-turn’ in the roundabout, which brings us to the ‘u-turn’ in a roundabout. On approach indicate right, after having driven around the majority of the roundabout, just after passing the last point you could have exited before the point you want to leave, CANCEL the right indicator, and put on your left indicator. It’s all rather simple really, but quite frankly when people are pulling up in front or and under red ‘No stopping’ signs and moaning about getting tickets for running red lights or not wearing their seatbelts, I hardly see that a knowledge of the rules is going to change many of the selfish behaviours of many. Keeps me gainfully employed anyway.

Devil’s Advocate

Well said. Roundabouts are so simple and when used properly are a great way of moving traffic through an intersection, but an alarming number of people still get it wrong. As we all know though, common sense isn’t… IIRC with the “indicating when exiting a roundabout” rule, it is only “if practicable”. eg on multi lane or large roundabouts as some of the small ones on side streets would mean the indicators would be lucky to get one or two flashes out if you are going straight ahead, however I always endeavour to indicate when exiting no matter how small the roundabout is as it helps the flow for other people and not just myself. That is one thing that is lacking on the roads, people only think of themselves and don’t care about anyone else.
rusty shacklford

I disagree with the notion of changing indicators when on a roundabout, isnt the rule of roundabouts that you must give way to any vehicle already on the roundabout? my thinking is if im going strait ahead why put on the left indicator to exit, any car behind me should be able to see im not indicating right to go round the round about the same with any vehicle entering the round about from in front of me, and if im am turning right any vehicle behind me can see im going around the roundabout due to my right indicator and as im already on the roundabout the vehicle that can still see my right indicator should give way until they are certain that im am not going completly around the round about.

Plus how is a vehicle on the oppisite side going to see that i have indicated left to exit the round about?
Peter Dronje

So you are a cop. Tell me, why is it that so many people ride with their fog lights on, to much of a bother to book them? Why is it that many people do not switch their lights on when it gets bark? Again, to much of a bother to dook then?

ray

Another rule I bet nobody knows about is regarding drink diving. If you are the designated driver and for some unknown reason you have to take both hands off the steering wheel and the person you are taking home (that person being the passenger with a the PCA or ‘Prescribed Concentrating of Alcohol’) decides to quickly grab hold of the steering wheel and control the steering wheel for a moment, then that passenger can be charged with drink driving, NOT the driver.
Valet Dabess

ah what… here in mackay qld we give way to pedestrains at round abouts
http://CarAdvice The Salesman.

What about car yards? Should they register every car? There must be some kind of exemption.
http://www.learnerstest.com.au Simon Henderson

Learn the rules.
It’s simple. Too many people die each year, it costs billions of dollars each year.
steve

news flash for “the Oracle” wankers use their lights to be seen, unlike you i only use them when its “dark” (night time,no sun, opposite to daytime). maybe auto headlights were invented to stop your foolish behaviour. but before condemning spot/fogs their use at “night” (see definition above) find a dark suburb without street lamps and try with and without and then tell me they dont improve visablility to the sides (bike lanes where people walk and bikes ride)
if your car is not fitted with spot/fogs borrow mum or dads car.

http://www.betweentwopoints.com Andy

The angle of fog/spot lights is to provide you with better vision during foggy conditions. Regular headlights can simply reflect back off the fog, impeding vision. Fog lights are angled to light up the road beneath the fog (ie positioned lower and angled more horizontally). Driving with them on in regular conditions can actually dazzle other drivers.

From an article on another site: Australian Road Rule 219 states that: “A driver must not use, or allow to be used, any light fitted to or in the driver’s vehicle to dazzle, or in a way that is likely to dazzle, another road user.”

Your own visibility is important, I don’t dispute that, but it’s nothing that can’t be achieved with low beams. Other opinion articles I’ve read actually reckon that fog lights in Australia are useless as we don’t ever get the dense fog of the countries they were designed for.

Devil’s Advocate

Exactly Andy, it is that reflection off the road (they are designed to do that) that makes them MORE dangerous on a clear night etc than low beams and the main reason why they are illegal in all else but poor weather. The fog/driving lights on most SS Commodores, particularly the VY/VZ, are a good example of this. They are down right dangerous on a clear night to anyone driving the other way with a glare approaching that of someone leaving their high beams on. Then again, as is the attitude of most people now-a-days, “I can (supposedly) see better, who cares about anyone else…”.

I have another way to look at it. Sure, you may be able to see the side of the road and 5m or so in front of the car better, but the brighter light/contrast/reflection so close to the car caused by the fog lights means that you will not be able to see as far down the road. ie, the brightness reduces your ‘night vision’. I have tried it myself on a dark country back road one night and found I could see much further into the distance with the fog lights off regardless of if I was using high or low beam. I have also tried this in more than one car. It is just the way our eyes work as they are not ‘optimised’ for seeing at night time.

The Oracle

The “Wanker” remark was one of my poor attempts at humour and I apologize if it didn’t come across that way.

However, you make many incorrect assumptions, namely that I haven’t driven on a dark street, coped with pedestrians and cyclists and haven’t used fog lights. I have done all of these many times.
My point was that the use of fog lights is regulatred for very good reasons as Andy and Devils Advocate have explained so well below.
I find the use of fog lights a great distraction, the glare is disturbing (Commodores and WRXs seem the worst for some reason) and they offer no benefit on clear nights that a correctly adjusted low beam provides.

ABMPSV

Too many people using only fog light! If you would drive in Europe with fog light on and there is no fog you would be fined! On the car everything is designed to to do what is designed for.

Matt

Perhaps the author was referring to Stockton Beach just north of Newcastle?
steve

i am suprised to hear that they cause so much glare to many writers here, i find them very useful and dont find them excessively glarey from oncoming cars, but them i am blind as a bat at night, hehe
KMitch

A road authority such as VicRoads or a Council can be both a coordinating road authority and responsible road authority or either, depending on the type of road in question. Council is delegated authority to install certain traffic control devices, such as a Stop sign or Give-Way signs, pavement marks etc. Other signs and pavement marks installations require a Memorandum of Authority from VicRoads, such as speed limit signs and pedestrian crossings etc.

Car parks provided by the likes of Westfield or that of an IGA supermarket or similar and private land are privately owned,

1. Under the Road Management Act 2004, a car park owner is not recognised as a road authority.

2. If a traffic control device such as a Regulatory stop sign or speed limit sign is installed within a car park without a Memorandum of Authority and consent of the Road Corporation (VicRoads), then the traffic control device has no legal effect at all.

Reference to Road Safety Act 1986 finds the definition of a road;

Extract;
road means—
(a) an area that is open to or used by the
public and is developed for, or has as
one of its main uses, the driving or
riding of motor vehicles; or
(b) a place that is a road by virtue of a
declaration under subsection (2)(a)—

Whilst a car park is an area open to or used by the public and vehicle could be driven or ridden within a car park, the primary purpose of a car park is to provide a place for a vehicle to park and not driving a vehicle as one would on a road that provides a traffic lane from one destination to another. A car park might be a road by definition however, it appears it is a private road i.e. it is not a gazetted public road, it certainly would not be listed on a road authorities road register, it is a requirement of the Road Management Act 2004 to keep a register of public roads managed and maintained by a road authority.
Save it for the track

Try using that argument if you’re involved in an accident in a shopping centre carpark, and you are at fault or intoxicated. Not only would you get a ticket in the at fault case, but in the case of being intoxicated you would be dealt with just as if pulled over on the road that leads into that carpark. The road that leads into the carpark, would be the name used as the road the offence was committed on, and is used in the indictment for the offence. Regulatory signs may or may not have affect in some such carparks and differs state by state and even area by area within said state, and would depend on appropriat local agreements with Councils or indeed if said carpark is council owner or not. But rest assured under the Australian Road Rules (and in NSW at least, Road Rules 2008) any carpark open to an used by the public is a road OR a road related area. The Australian Road Rule themselves have no legal affect, and each state has incorporated them mostly into their own legislation. Some offences also are not contained within for example the “Road Rules 2008″, with some defined in such acts as the Road Transport (Safety & Traffic Managament) Act, all of which contain references to ‘roads’ and ‘road related areas’. One assersion by a poster about a person on a ride-on mower on their own property is partially incorrect. On someones own property, they are committing no offence in regard to a driving offence by riding their lawn mower whilst intoxicated(however if they went onto the nature strip they are then on a road or road-related area depending on construction of the road, and would be committing an offence), dramas occur if they have an accident and cause injury or death to others *even on tehir own property), which depending on circumstances and state could be dealt with under other legislation other than road rule type legislation, such as Crimes Act or similar, which can and do have subtle differences in ‘vehicle’ and ‘road’ definitions, amongst other’s.
Miguel

My favorite new law here in victoria is the “Do not cross solid white lines, single or double.” Its pretty obvious really but where it gets interesting is when at an intersection stuck behind someone turning right under gree (no arrow), if you cut up the left lane to go around them then its a fine & 3 demerits (ithink). Next time you go for a drive and pay attention to where the solid white lines are and treat them like double white lines. Only exceptions are when entering or leaving the road and when approaching RH turn lane with thick diagonal ones also. How many people I see every day breaking this one! ! Guess they introduced it to coincide with the completion of the monash upgrade out of the tunnel when the far two right lanes are separated by a solid white line, how many people I see who take no notice, cant wait to see the cops enforcing this one!!
Save it for the track

Contained in the ARR’s and Road Rules 2008 (in NSW) are specific exceptins to when you are allowed to cross solid unbroken lines. Examples include when the road is ‘obstructed’. This would include for example when a vehicle is waiting to turn right at an intersection, it is a one lane road, and the side of the roadway has a solid white line, a vehicle behind the vehicle waiting to turn right could move around it across the solid line to pass as long as it is done safely. The same applies with the example of an intersection at a traffic light. I think that Miguel is confusing centre dividing lines with side dividing lines or lane markings, they are subtly different. A qucik look at the Vicroads website seems to clarify, giving the clear distinction of dividing lines and lane markings, and setting out the instances they can be crossed.

Miguel

Thanks for the clarification, I heard about this law from a friend who was told by his driving instructor that is now illegal to go around a car turning right at an intersection when there are 2 lanes of traffic in each direction. I also spent a bit of time on the vicroads website after i heard about this law, and totally interpreted is a different way. Seems i need to go back to school, because your explanation makes sense.

Al Juraj

The problem is we have zillions of rules but zero standards by which we can comply with them. Believe it or not, you’re actually not allowed to warn somebody of an upcoming speed camera! Radar detectors are likewise illegal (except WA I think). There are even unmarked cars with the copper pointing the laser at you so that by the time you realise it, it’s already too late and you can expect your hefty fine in the mail. If it’s a marked car with reasonable warning, you can check on your speed, drive within the limit and everyone goes home safe and happy.

Victoria has the strictest of speeding rules but not one speedometer of any new car sold here is calibrated to read accurately. There are also not enough speed checks to warn you about going over the limit, and some that are in place aren’t even working. But cameras work all the time. Go figure! And don’t be surprised if you see them in parking lots soon.

It’s pathetic not all of us are on the same page here. The matter of interest here should only be safety and fun, nothing else. Others want money, cash, and moolah. Instead of helping people comply with the rules, there are schemes for you to commit a mistake, wring a full day’s pay from your wallet and taint your licence and reputation forever.

Driving is an art. It should be motivating and pleasurable to anyone behind the wheel of a motor vehicle, be it your everyday delivery van or weekend hot rod. If one breaks the rule, educate them so they don’t do it again and start fresh. Do not make them pay dearly and condemn them for life. It’s like a problem child. If their parents keep punishing them, would they be good?

Going back to speeding, seminars to teach offenders of safe, proper driving must be implemented instead of those evil demerit points, with a reasonable fee to cover the cost of the sessions. This will encourage drivers to be more proactive on the road, being mindful of others’ well-being and not only theirs. Points are annoying, period. They simply don’t cut it. Give the rule breakers a chance to amend their mistakes.

How about a rewards program for those who uphold the rules? Perhaps reduced registration costs would be of help? Or an annual government subsidy to help keep the car in shape (and yes, this also plays a role in safety)? The focus is on punishment alone. What about recognising driving excellence?

For Pete’s sake, lives are at stake here. Mortality rates keep rising because of conflict of interest. A few care. Some care only about money. And many don’t care at all. This has got to change and really soon, seriously.
Phil

Incorrect on the UK front.

In 2008 there were 2538 road fatalities in the UK. In Australia it was 1463 for same year. Barring a large change in either or both, 2009 would be similar.

A far better measure than population would be car trips and distance driven.
Double D

Why has the author failed to mention that the National Transport Commission states:

“Please note that the Australian Road Rules are model Rules only and have no legal effect.”
http://www.davidmcsteen.com.au Drink driving lawyer

This issue really sounds funny because there are lots of people who knew how to drive but doesn’t know the rules or laws for driving on the streets. I don’t know if they are playing dumb or just stupid!
Confused Rules?

Its about time they got rid of the road rules, and made them road laws. Why? Well rules cannot be enforced, while laws can.
Someone should challenge them on this…
Next time I get booked for a trivial infraction, by a stunned mullet persona type speed camera operator, I will do so. Should be fun. No one seems to know…
greg

You’re wrong about rules not being the same as laws:

“Application of the Acts Interpretation Act 1901 of
the Commonwealth
(1) The Acts Interpretation Act 1901 of the
Commonwealth, other than section 15AD of that
Act, applies to the interpretation of these Rules as
if—
(a) these Rules were an Act; and
(b) each rule were a section of an Act.”
Pedantic Dave

My favourite:- A person sitting at a stop sign, another person facing them from the other side of the intersection wanting to turn right. Who has right of way? Neither of them!
engine revs

Question- NSW law- neighbour revs 4WD in driveway at 3.30am.I look out the window to see the car reverse out of driveway and smash into the back of my Ford which is parked in my driveway.I run out and the girl is walking away from the accident.”You just hit my car” She says No. I look down and pick up the mud guard on my tow bar.” Well what’s this.
She runs down and grabs it from me and runs to her fathers car, then runs inside with the mud guard. The next day my husband sees the paint damage and we go to the owner of the 4WD. The owner admits that the girl hit my car and I said I would get quotes for the damage. I gave them 2 quotes $800 NRMA ,$770. the owner gave the quote to her sons girlfriend who was driving the 4WD.I ask for her details and the owner states she does not know where she lives? 11 days later the girl comes to my door and is very abusive.I contact the police and they will send a car around to take a statement. The officer states that they are going to take me to court because I did not report the incident. I did not want to get the girl in trouble.I am absolutely gobsmacked and I thought that if the incident was under $1000 then the police are not involved. Can anyone give me advice on this matter.
In short – the girl ran into my stationery car,she ran away from the scene of the incident, and she was very abusive to me regarding the quotes. Help;;;