Australian Road Rules

This webpage provides information about the new edition of the Australian Road Rules which has been implemented in the ACT.

New Child Restraint Rules mandatory from 15 March 2011

Frequently Asked Questions about the new Child Restraint Rules

The ACT's current Road Rules - effective from 15 March 2010 (download)

Revised mobile phone laws for the ACT

New Road Rules for the ACT introduced on 15 March 2010

The National Transport Commission's 9th Package of Amendments to the Australian Road Rules

The National Transport Commission's 8th Package of Amendments to the Australian Road Rules
 

New Child Restraint Rules mandatory from 15 March 2011

Mandatory child restraint laws for children under 7 years travelling in motor vehicles commenced in the ACT on Tuesday 15 March 2011. 

All Australian States have recently introduced these nationally agreed changes to the Australian Road Rules.  Research has shown that while many parents and carers do choose an appropriate child restraint for their children, many children are using adult seatbelts too early and this has resulted in injuries to children involved in vehicle crashes.

From 15 March 2011, drivers who fail to ensure that children under 7 years are properly restrained in an approved child restraint are liable for a fine of $284 and 3 demerit points.  Properly fitted restraints improve a child's chance of surviving a serious crash.

Under the new rules, the type of child restraint depends on the age of the child, as follows:

Under 6 months:  an approved, properly fastened and adjusted, rearward facing child restraint.

Between 6 months and under 4 years:  an approved, properly fastened and adjusted, rearward facing OR forward facing child restraint with an in-built harness.

Between 4 years and under 7 years:  an approved, properly fastened and adjusted, forward facing child restraint with an in-built harness OR a properly positioned approved booster seat and a seatbelt that is properly fastened and adjusted.

There are also new laws for where children can sit in vehicles: 
If a vehicle has two or more rows of seats, then children under 4 years must not travel in the front seat.

If a vehicle has two or more rows of seats, then children aged between 4 years and under 7 years must not travel in the front seat unless all other seats are being used by children under 7 years.  In this situation, a child may travel in the front seat using an approved booster seat and a properly fastened and adjusted seatbelt.

For more information about the new Child Restraint Rules, please select the following link:

Frequently Asked Questions about the new Child Restraint Rules

The ACT's current Road Rules - effective from 15 March 2010 

A copy of the new version of the Australian Road Rules that became ACT law on 15 March 2010 can be downloaded by selecting the following link:

 ACT's new Road Rules - 15 March 2010 

Note:  New seatbelt and child restraint Rules 266 and 267 did not commence in the ACT until 15 March 2011. 

Revised mobile phone laws for the ACT

On 17 September 2010 the ACT's laws governing the use of mobile phones while driving were tightened as part of a nationally agreed revision of the Australian Road Rules.

Using a mobile phone while driving is prohibited except to make or receive a phone call provided the phone:

• is secured in a commercially designed holder fixed to the vehicle, or
• can be operated by the driver without touching any part of the phone, and is not resting on any part of the driver's body, eg between the chin and shoulder or resting on the driver's lap.

All other functions of the phone, including text messaging, video calls and emailing are prohibited.

New Road Rules for the ACT introduced on 15 March 2010

New road rules were introduced in the ACT on 15 March 2010.  These amendments give effect to the National Transport Commission's 5th, 6th and 7th packages of amendments to the Australian Road Rules.

Most of the amendments to the road rules are simply to clarify the intent of a rule or to remove anomalies.  The amendments that are important for road users are:

• The carrying of unrestrained passengers of any age in the load area of vehicles (eg station wagons) is prohibited.
  
• The carrying of additional unrestrained passengers of any age after all seating positions with a seatbelt are occupied is prohibited.  Note: An exemption from this requirement currently applies for passengers in older vehicles (eg veteran, vintage and historic vehicles) where the Australian Design Rules do not require seatbelts to be fitted to a seating position.  From 15 March 2011 this exemption no longer applies to passengers under 7 years of age.  They must be restrained in a child restraint or a booster seat with a lap/sash seatbelt, depending on their age.
  
• Drivers are responsible for making sure all passengers (not just those under 16 years) are using a seatbelt or child restraint.
  
• It has been made clear in the road rules that drivers are not allowed to overtake or perform a U-turn across a single continuous dividing line on a road.
  
• Children under 8 years of age are not allowed to ride on motorcycles as a pillion passenger, but they are permitted to travel in a sidecar.
  
• Motorcycle riders are not permitted to ride with an animal (eg a dog) on the petrol tank of the motorcycle.  However, there are devices that can be fitted to the back of a motorcycle that provide safe travel for dogs and cats etc.
  
• A person may not drive a vehicle if a person or animal is on the driver's lap. 
  
• It has been made clear in the road rules that where parking bays are marked in a parking area or on a length of road, the driver must park the vehicle in a marked parking bay, whether or not a 'Park in Bays Only' sign is present.
  
• A driver must not stop or park a vehicle on a painted island.  A painted island is an area of a road that has painted stripes or chevrons in white (or another colour) and is surrounded by a line or lines (whether broken or continuous).
  
• Where parallel parking is permitted in a road-related area, eg an indented parking bay, a vehicle must be parked facing in the same direction as the flow of traffic closest to the vehicle.
  
• Drivers must not use front fog lights unless the driver is driving in fog or other hazardous weather conditions causing reduced visibility.
  
• The current prohibition on the use of motorised scooters on roads and road-related areas (eg shared paths and footpaths) in the ACT continues.  The term 'motorised scooter' refers to scooters with a footboard and handlebars to which have been added a petrol driven or electric motor.  It also refers to scooters with a footboard and handlebars that have been manufactured with an electric motor as an integral part of their design.  It does not include motorised wheelchairs, which are commonly known as 'mobility scooters' and are specifically built to transport a person who is mobility impaired.  Nor does it include the motor scooters and mopeds that are registered by road transport authorities.
  
• It has been made clear in the road rules that the writing, sending or reading of text messages on a mobile phone is prohibited.
  
• The new road rules include rules about Bicycle Storage Areas which are designated spaces on the road at traffic lights that allow cyclists to stop in front of motor vehicles at an intersection and then leave the intersection before the motor vehicles.  These are common in Melbourne, however there are none in the ACT at present.
  
• The road rules allow a pedestrian to walk along the edge of a road if there is no footpath or nature strip available or fit for use.  Walking on the side of the road in the same direction as the traffic flow is inherently dangerous.  The new version of the road rules requires pedestrians to walk on the right hand side of the road so as to face oncoming traffic.  This will ensure pedestrians have a view of the traffic closest to them on the road, to assist them to take evasive action if the traffic is approaching too close. 
  

The National Transport Commission's 9th Package of Amendments to the Australian Road Rules

The National Transport Commission's 9th package of amendments to the Australian Road Rules is currently being developed.  It contains 25 proposed amendments to the Rules, some of which add clarity to the Rules and some of which correct minor errors.  The main amendments relate to:

• the use of additional seats (dickie seats) by child passengers at least 4 years old but less than 7 years old,
• taxi driver responsibility to ensure child passengers at least 1 year old but less than 7 years old use a seatbelt if no child restraint is available,
• minimum distances to be kept behind long vehicles, and
• the use of portable warning triangles.

Public consultation on the proposed 9th package of amendments to the Australian Road Rules occurred during the period 15 September 2009 to 30 October 2009.

The National Transport Commission's 8th Package of Amendments to the Australian Road Rules

The National Transport Commission's 8th package of amendments to the Australian Road Rules includes a clarification to Rule 300, which covers the use of mobile phones while driving.  Other amendments include a clarification to the rule about giving way to a pedestrian when turning at an intersection and a clarification to the rule about indicating when entering a roundabout, to require the driver to give sufficient warning to other road users.

This 8th package of amendments has been approved by the Australian Transport Council but has not yet been implemented in the ACT.  However, the ACT implemented the new version of Rule 300 'Use of mobile phones' on 17 September 2010.

For enquiries about the introduction of new editions of the Australian Road Rules in the ACT, please phone (02) 6207 6192.