Transport Operations (Road Use Management—Road Rules) and Other Legislation Amendment Regulation 2022


Queensland Crest

Part 1 Preliminary

1Short title

This regulation may be cited as the Transport Operations (Road Use Management—Road Rules) and Other Legislation Amendment Regulation 2022.

2Commencement

This regulation commences on 1 November 2022.

3Regulation amended

This part amends the State Penalties Enforcement Regulation 2014.

4Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

(1)Schedule 1, entry for Transport Operations (Road Use Management—Road Rules) Regulation 2009, entries for sections 244D, 244E, 244F(1), 244G(1), 244GA(1), 244H, 244I(1), 244I(2), 244J, 244JA, 244K, 244M, 244O(1), 244P, 244Q(1), 244Q(2), 244Q(3) and 258
omit.
(2)Schedule 1, entry for Transport Operations (Road Use Management—Road Rules) Regulation 2009
insert—

s 245A

1

s 246A

1

s 252A(1)

1

s 252B(1)

11/5

s 252E(1)

2/5

s 252F(1)

2/5

s 252F(2)

2/5

s 252F(3)

2/5

s 252G(1)

2/5

s 252G(2)

2/5

s 256A(1)

1

s 258(1)

1

s 258(2)

1

s 258(3)

1

s 258A

1

(3)Schedule 1, entry for Transport Operations (Road Use Management—Road Rules) Regulation 2009, entry for section 20, column 1, after ‘contravention’—
insert—

, other than by a rider of a personal mobility device,

(4)Schedule 1, entry for Transport Operations (Road Use Management—Road Rules) Regulation 2009, entry for section 20
insert—

For a contravention by the rider of a personal mobility device that involves riding over the speed limit by—

 
 

(a)  less than 14km/h

1

 

(b)  at least 14km/h but not more than 20km/h

11/2

 

(c)  more than 20km/h but not more than 30km/h

21/2

 

(d)  more than 30km/h

4

5Regulation amended

This part amends the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021.

6Amendment of sch 5, s 29 (Failing to keep safe lateral distance when passing bicycle riders)

Schedule 5, section 29, heading, after ‘bicycle’—
insert—

or personal mobility device

7Amendment of sch 9 (Dictionary)

Schedule 9, definitions demerit points offence and interstate offence, after ‘bicycle’—
insert—

or personal mobility device

8Regulation amended

This part amends the Transport Operations (Road Use Management—Road Rules) Regulation 2009.

9Amendment of s 15 (What is a vehicle)

(1)Section 15
insert—
(ba)a personal mobility device;
(2)Section 15, from ‘recreational device’ to ‘mobility device’—
omit, insert—

recreational device or a wheeled toy

(3)Section 15(ba) to (d)—
renumber as section 15(c) to (e).

10Amendment of s 15A (Personal mobility devices—Act, sch 4)

(1)Section 15A(c), (d) and (g)—
omit.
(2)Section 15A(h)—
omit, insert—
(h)is none of the following—
(i)a motorised scooter;
(ii)a motorised mobility device;
(iii)a vehicle with pedals.
(3)Section 15A(e) to (h)—
renumber as section 15A(c) to (e).

11Amendment of s 16 (Who is a driver)

Section 16, after ‘bicycle,’—
insert—

personal mobility device,

12Amendment of s 17 (Who is a rider)

(1)Section 17(1), after ‘bicycle,’—
insert—

personal mobility device,

(2)Section 17(2)(b)—
omit, insert—
(b)a person walking while pushing or pulling a bicycle or personal mobility device.

13Omission of s 18 (Pedestrian includes personal mobility device user)

Section 18
omit.

14Insertion of new s 24B

After section 24A
insert—

24BSpeed limit for personal mobility devices

(1)The speed limit applying to the rider of a personal mobility device is—
(a)for a length of footpath or shared path to which a personal mobility device speed limit sign or personal mobility device speed limit road marking applies—the number of kilometres per hour indicated by the number on the sign or marking; or
(b)for a length of footpath or shared path to which paragraph (a) does not apply—12km/h; or
(c)for a rider riding across a road using a crossing on the road—12km/h; or
(d)otherwise—25km/h.
(2)Subsection (1)—
(a)applies to the rider of a personal mobility device despite a higher speed limit that would otherwise apply to the rider under this part; and
(b)does not affect another provision of this part that requires the rider of a personal mobility device to ride at a speed limit that is lower than a speed limit mentioned in subsection (1).
(3)For subsection (1)(a), a personal mobility device speed limit sign or personal mobility device speed limit road marking applies to a length of footpath or shared path beginning at the sign or marking and ending at the nearest of the following—
(a)a speed limit sign or speed limit road marking on the path with a lower number on the sign or marking;
(b)a personal mobility device speed limit sign or personal mobility device speed limit road marking on the path with a different number on the sign or marking;
(c)an end personal mobility device speed limit sign or end personal mobility device speed limit road marking on the path;
(d)the place where the path meets, or is intersected by, a road or another path.

Examples—

Personal mobility device speed limit sign

Personal mobility device speed limit sign

 

End personal mobility device speed limit sign

End personal mobility device speed limit sign

(4)The maximum speed limit that may be indicated on a personal mobility device speed limit sign or personal mobility device speed limit road marking is 25km/h.
(5)In this section—
end personal mobility device speed limit road marking means a personal mobility device speed limit road marking that includes the word ‘end’.
personal mobility device speed limit road marking means a road marking on the surface of a footpath or shared path consisting of a personal mobility device symbol and a number indicating the speed limit in kilometres per hour.

15Amendment of s 27 (Starting a left turn from a road (except a multi-lane road))

(1)Section 27(1A), after ‘of a bicycle’—
insert—

or a personal mobility device

(2)Section 27(1B), after ‘bicycles’—
insert—

or personal mobility devices, or a rider of a bicycle and a rider of a personal mobility device,

16Amendment of s 28 (Starting a left turn from a multi-lane road)

Section 28(2A), after ‘rider of a bicycle’—
insert—

or a personal mobility device

17Amendment of s 30 (Application of division to certain right turns)

Section 30(1)(b), after ‘bicycle’—
insert—

or a personal mobility device

18Amendment of s 31 (Starting a right turn from a road (except a multi-lane road))

(1)Section 31(4A), after ‘of a bicycle’—
insert—

or a personal mobility device

(2)Section 31(4B), after ‘bicycles’—
insert—

or personal mobility devices, or a rider of a bicycle and a rider of a personal mobility device,

19Amendment of s 32 (Starting a right turn from a multi-lane road)

Section 32(2A), after ‘rider of a bicycle’—
insert—

or a personal mobility device

20Amendment of s 35 (Optional hook turn by a bicycle rider)

(1)Section 35, heading, after ‘bicycle’—
insert—

or personal mobility device

(2)Section 35(1), from ‘intersection,’ to ‘sign,’—
omit, insert—

intersection without a hook turn only sign or a no hook turn by bicycles sign, or the rider of a personal mobility device turning right at an intersection without a hook turn only sign,

21Amendment of s 48 (Giving a right change of direction signal)

Section 48(3A) and (5)(b), after ‘bicycle’—
insert—

or a personal mobility device

22Amendment of s 52 (Division does not apply to bicycle riders or certain tram drivers)

(1)Section 52, heading, after ‘bicycle’—
insert—

or personal mobility device

(2)Section 52(a), after ‘bicycle’—
insert—

or a personal mobility device

23Amendment of s 56 (Stopping on a red traffic light or arrow)

Section 56(3)(b), after ‘bicycle’—
insert—

, a personal mobility device

24Amendment of s 57 (Stopping for a yellow traffic light or arrow)

Section 57(4)(b), after ‘bicycle’—
insert—

, a personal mobility device

25Amendment of s 62 (Giving way when turning at intersection with traffic lights)

(1)Section 62(1)(a), after ‘pedestrian’—
insert—

, or any rider of a bicycle or a personal mobility device,

(2)Section 62(1)(aa)—
omit.
(3)Section 62(1)(b)(ii), ‘or rider of a bicycle’—
omit, insert—

, or any rider of a bicycle or a personal mobility device,

26Amendment of s 64 (Giving way at a flashing yellow traffic arrow at an intersection)

(1)Section 64(b), after ‘pedestrian’—
insert—

, or any rider of a bicycle or a personal mobility device,

(2)Section 64(ba)—
omit.

27Amendment of s 65 (Giving way at a marked foot crossing (except at an intersection) with a flashing yellow traffic light)

(1)Section 65(2)(a) and (b), ‘or rider of a bicycle’—
omit, insert—

, or any rider of a bicycle or a personal mobility device,

(2)Section 65(3), after ‘bicycle’—
insert—

or a personal mobility device

28Amendment of s 67 (Stopping and giving way at a stop sign or stop line at an intersection without traffic lights)

Section 67(4), after ‘pedestrian’—
insert—

, or any rider of a bicycle or a personal mobility device,

29Amendment of s 69 (Giving way at a give way sign or give way line at an intersection, other than a roundabout)

Section 69(3), after ‘pedestrian’—
insert—

, or any rider of a bicycle or a personal mobility device,

30Amendment of s 72 (Giving way at an intersection (except a T-intersection or roundabout))

Section 72(3)(b), (4)(b) and (5)(c), after ‘pedestrian’—
insert—

, or any rider of a bicycle or a personal mobility device,

31Amendment of s 73 (Giving way at a T-intersection)

Section 73(2)(b), (3)(b), (4), (5)(b) and (6)(b), after ‘pedestrian’—
insert—

, or any rider of a bicycle or a personal mobility device,

32Amendment of s 74 (Giving way when entering a road from a road-related area or adjacent land)

Section 74(d)(i), after ‘pedestrian’—
insert—

, or any rider of a bicycle or a personal mobility device,

33Amendment of s 78A (Approaching and passing emergency response vehicles)

Section 78A(1), after ‘bicycle’—
insert—

or a personal mobility device

34Amendment of s 80 (Stopping at a children’s crossing)

(1)Section 80(2)(b), ‘or rider of a bicycle’—
omit, insert—

, or a rider of a bicycle or a personal mobility device,

(2)Section 80(3)(a) and (4), after ‘bicycle’—
insert—

or a personal mobility device

35Amendment of s 81 (Giving way at a pedestrian crossing)

Section 81(2), ‘or rider of a bicycle’—
omit, insert—

, or any rider of a bicycle or a personal mobility device,

36Amendment of s 82 (Overtaking or passing a vehicle at a children’s crossing or pedestrian crossing)

Section 82, ‘or rider of a bicycle’—
omit, insert—

, or a rider of a bicycle or a personal mobility device,

37Amendment of s 95 (Emergency stopping lane)

Section 95(2), after ‘bicycle’—
insert—

or a personal mobility device

38Amendment of s 98 (One-way signs)

Section 98(3), ‘the rider of a bicycle or the rider of’—
omit, insert—

a bicycle, a personal mobility device or

39Amendment of s 99 (Keep left and keep right signs)

Section 99(3), ‘the rider of a bicycle or the rider of’—
omit, insert—

a bicycle, a personal mobility device or

40Amendment of s 111 (Entering a roundabout from a multi-lane road or a road with 2 or more lines of traffic travelling in the same direction)

(1)Section 111(1), from ‘, other’ to ‘motorbikes,’—
omit, insert—

(other than animals, bicycles, personal mobility devices or motorbikes)

(2)Section 111(5A), after ‘bicycle’—
insert—

or a personal mobility device

(3)Section 111(6), ‘bicycle or’—
omit, insert—

bicycle, a personal mobility device or an

(4)Section 111(7), after ‘bicycle’—
insert—

, a personal mobility device

41Amendment of s 119 (Giving way by the rider of a bicycle or animal to a vehicle leaving a roundabout)

(1)Section 119, heading, after ‘bicycle’—
insert—

, personal mobility device

(2)Section 119, ‘or animal’—
omit, insert—

, a personal mobility device or an animal

(3)Section 119, from ‘, other’ to ‘motorbikes,’—
omit, insert—

(other than animals, bicycles, personal mobility devices or motorbikes)

42Amendment of s 128A (Entering particular blocked crossings)

Section 128A, from ‘must’ to ‘pedestrian crossing’—
omit, insert—

driving along a road must not enter a bicycle crossing, children’s crossing, marked foot crossing or pedestrian crossing on the road

43Amendment of s 129 (Keeping to the far left side of a road)

Section 129(2)(b), after ‘bicycle’—
insert—

or a personal mobility device

44Amendment of s 131 (Keeping to the left of oncoming vehicles)

Section 131(2), ‘the rider of a bicycle or the rider of’—
omit, insert—

a bicycle, a personal mobility device or

45Amendment of s 139A (Exceptions for passing bicycle rider)

(1)Section 139A, heading, after ‘bicycle’—
insert—

or personal mobility device

(2)Section 139A(1), (2) and (3), after ‘bicycle’—
insert—

or a personal mobility device

46Amendment of s 141 (No overtaking etc. to the left of a vehicle)

(1)Section 141(1) and (2), after ‘bicycle’—
insert—

or a personal mobility device

(2)Section 141(1A), after ‘pedestrian’—
insert—

, or a rider of a bicycle or a personal mobility device,

47Amendment of s 144A (Keeping a safe lateral distance when passing bicycle rider)

(1)Section 144A, heading, after ‘bicycle’—
insert—

or personal mobility device

(2)Section 144A(1) and note, after ‘a bicycle’—
insert—

or a personal mobility device

(3)Section 144A(1), after ‘the bicycle’—
insert—

or device

(4)Section 144A(2), ‘from the bicycle’—
omit, insert—

, from a bicycle or a personal mobility device,

(5)Section 144A(2)(a) and (b), after ‘bicycle’—
insert—

or device

(6)Section 144A(3)(b)—
omit, insert—

(b)the furthermost point to the right on—
(i)the bicycle or personal mobility device; or
(ii)any bicycle or PMD trailer towed by the bicycle or device; or
(iii)the rider or any passenger in or on the bicycle, device or trailer; or
(iv)a thing attached to, or carried on, the bicycle, device or trailer or carried by the rider or any passenger, other than a projection mentioned in subsection (4).

Examples of things for subparagraph (iv)—

a basket or pannier bags

(7)Section 144A
insert—
(4)For subsection (3)(b)(iv), a projection is a flag, stick or similar thing, whether or not flexible, attached to the bicycle or device, that projects sideways from the bicycle or device.

48Amendment of s 146 (Driving within a single marked lane or line of traffic)

Section 146(1)(g) and (2)(f), after ‘bicycle’—
insert—

or a personal mobility device

49Amendment of s 147 (Moving from 1 marked lane to another marked lane across a continuous line separating the lanes)

Section 147(2)(c)(i), after ‘bicycle’—
insert—

or a personal mobility device

50Amendment of s 150 (Driving on or across a continuous white edge line)

Section 150(2), ‘or’—
omit, insert—

, a personal mobility device or an

51Amendment of s 151 (Riding a motorbike or bicycle alongside more than 1 other rider)

(1)Section 151, heading, ‘or bicycle’—
omit, insert—

, bicycle or personal mobility device

(2)Section 151(1) to (4), ‘or bicycle’—
omit, insert—

, a bicycle or a personal mobility device

52Amendment of s 153 (Bicycle lanes)

Section 153(1), after ‘of a bicycle’—
insert—

or a personal mobility device

53Amendment of s 158 (Exceptions to driving in special purpose lanes etc.)

Section 158(1)(d), from ‘, other’ to ‘motorbikes,’—
omit, insert—

(other than animals, bicycles, personal mobility devices or motorbikes)

54Amendment of s 162 (Driving past a safety zone)

Section 162(1)(a), after ‘zone’—
insert—

, unless the driver is the rider of a bicycle or a personal mobility device

55Replacement of s 166 (Application of part to bicycles)

Section 166
omit, insert—

166Application of part to bicycles and personal mobility devices

This part does not apply to a bicycle or a personal mobility device that is stopped or parked—
(a)at a bicycle rail or in a bicycle rack; or
(b)on a bicycle path, footpath, separated footpath, shared path or nature strip; or
(c)on a part of a road that is designated for the parking of bicycles or personal mobility devices.

56Amendment of s 171 (Stopping on or near a children’s crossing)

(1)Section 171(1), after ‘A driver’—
insert—

driving along a road

(2)Section 171(1)(a), after ‘crossing’—
insert—

on the road

(3)Section 171(1)(b), ‘a road’—
omit, insert—

the road

57Amendment of s 172 (Stopping on or near a pedestrian crossing (except at an intersection))

Section 172(1), after ‘A driver’—
insert—

driving along a road

58Amendment of s 173 (Stopping on or near a marked foot crossing (except at an intersection))

Section 173(1), after ‘A driver’—
insert—

driving along a road

59Amendment of s 178 (Stopping in an emergency stopping lane)

Section 178, after ‘bicycle’—
insert—

or a personal mobility device

60Amendment of s 190 (Stopping in or near a safety zone)

Section 190(1), after ‘A driver’—
insert—

(other than the rider of a bicycle or a personal mobility device)

61Amendment of s 197 (Stopping on a path, dividing strip, nature strip, painted island or traffic island)

Section 197(2), ‘or’—
omit, insert—

, a personal mobility device or an

62Amendment of s 201 (Stopping on a road with bicycle parking sign)

Section 201, after ‘of a bicycle’—
insert—

or a personal mobility device

63Amendment of pt 13, div 1, hdg (Lights on vehicles (except bicycles, animals and animal-drawn vehicles))

Part 13, division 1, heading, after ‘bicycles,’—
insert—

personal mobility devices,

64Amendment of s 214 (Division does not apply to riders of bicycles, animals or animal-drawn vehicles)

(1)Section 214, heading, after ‘bicycles,’—
insert—

personal mobility devices,

(2)Section 214, ‘animal or’—
omit, insert—

a personal mobility device, an animal or

65Amendment of s 237 (Getting on or into a moving vehicle)

Section 237(2), ‘or animal’—
omit, insert—

, a personal mobility device or an animal

66Amendment of s 238 (Pedestrians travelling along a road (except if using a wheeled recreational device, wheeled toy or personal mobility device))

(1)Section 238, heading, from ‘device,’—
omit, insert—

device or wheeled toy)

(2)Section 238(3), definition pedestrian and note—
omit, insert—
pedestrian does not include a person travelling in or on a wheeled recreational device or a wheeled toy.

67Amendment of s 239 (Pedestrians on a bicycle path or separated footpath)

(1)Section 239(2)(a)(iii)—
omit.
(2)Section 239(2)(a)(iv)—
renumber as section 239(2)(a)(iii).
(3)Section 239(3), after ‘any bicycle’—
insert—

or personal mobility device

68Amendment of s 242 (Travelling in or on a wheeled recreational device or toy on a footpath or shared path)

Section 242(1)(b), ‘, or using a personal mobility device’—
omit.

69Amendment of s 243 (Travelling on rollerblades etc. on a bicycle path or separated footpath)

Section 243(2), after ‘any bicycle’—
insert—

or personal mobility device

70Omission of pt 14, div 3 (Additional rules for using personal mobility devices)

Part 14, division 3
omit.

71Amendment of pt 15, hdg (Additional rules for bicycle riders)

Part 15, heading, after ‘bicycle’—
insert—

and personal mobility device

72Insertion of new s 245A

After section 245
insert—

245A Age restrictions for personal mobility device riders

A person riding a personal mobility device must be either—
(a)at least 16 years; or
(b)at least 12 years and supervised by an adult while riding the device.

Maximum penalty—20 penalty units.

73Insertion of new s 246A

After section 246
insert—

246A Carrying people on a personal mobility device

The rider of a personal mobility device must not carry another person on the device.

Maximum penalty—20 penalty units.

74Amendment of s 247B (Giving way while entering or in a bicycle storage area)

(1)Section 247B(1), ‘or motorbike must’—
omit, insert—

, a personal mobility device or a motorbike must,

(2)Section 247B(2), ‘a bicycle or’—
omit, insert—

a bicycle, a personal mobility device or a

(3)Section 247B(2), ‘the bicycle or’—
omit, insert—

the bicycle, the personal mobility device or the

75Amendment of s 248 (Riding across a road on particular crossings)

(1)Section 248, heading, after ‘Riding’—
insert—

a bicycle or personal mobility device

(2)Section 248(1), after ‘bicycle’—
insert—

or a personal mobility device

(3)Section 248(4), first note, after ‘a bicycle’—
insert—

or a personal mobility device

(4)Section 248(5)(c), ‘a person who is using’—
omit.
(5)Section 248(6)
omit, insert—
(6)However, if the rider is crossing the road at an intersection with traffic lights and a pedestrians may cross diagonally sign, the rider may cross the road diagonally at the intersection.

76Replacement of s 249 (Riding on a separated footpath)

Section 249
omit, insert—

249Riding a bicycle or personal mobility device on a separated footpath

The rider of a bicycle or a personal mobility device must not ride on a part of a separated footpath designated for the use of pedestrians unless the rider—
(a)is crossing the separated footpath by the shortest safe route; and
(b)does not stay on the separated footpath for longer than necessary to cross the separated footpath safely.

Maximum penalty—20 penalty units.

77Amendment of s 250 (Riding on a footpath or shared path)

(1)Section 250, heading, after ‘Riding’—
insert—

a bicycle or personal mobility device

(2)Section 250(1) and (1A), after ‘bicycle’—
insert—

or a personal mobility device

(3)Section 250(2), definition pedestrian
omit.

78Replacement of s 251 (Riding to the left of oncoming bicycle riders or device users on a path)

Section 251
omit, insert—

251Riding bicycles and personal mobility devices to the left of oncoming riders on a path

The rider of a bicycle or a personal mobility device riding on a bicycle path, footpath, separated footpath or shared path must keep to the left of any oncoming rider of a bicycle or personal mobility device on the path.

Maximum penalty—20 penalty units.

79Insertion of new ss 252A–252G

After section 252
insert—

252A No personal mobility devices sign and road marking

(1)The rider of a personal mobility device must not ride on a length of road, bicycle path, footpath, separated footpath or shared path to which a no personal mobility devices sign, or a no personal mobility devices road marking, applies.

Maximum penalty—20 penalty units.

(2)A no personal mobility devices sign, or a no personal mobility devices road marking, applies to a length of road, bicycle path, footpath, separated footpath or shared path beginning at the sign or marking and ending at the nearest of the following—
(a)a bicycle lane sign on a PMD-permitted bicycle lane;
(b)a separated footpath sign or separated footpath road marking;
(c)a shared path sign;
(d)an end no personal mobility devices sign;
(e)the next intersection.

Examples—

No personal mobility devices sign

No personal mobility devices sign

 

End no personal mobility devices sign

End no personal mobility devices sign

(3)In this section—
no personal mobility devices road marking means a road marking consisting of a personal mobility device symbol with a diagonal line across it, or the words ‘no personal mobility devices’, or both the symbol and the words.

252B Personal mobility devices not to be ridden on particular roads

(1)Subject to sections 252C and 252D, the rider of a personal mobility device must not ride on—
(a)a road with a dividing line or median strip; or
(b)a length of road for which the speed limit applying to a driver is more than 50km/h; or
(c)a one-way road with more than 1 marked lane.

Maximum penalty—20 penalty units.

(2)In this section—
road does not include a road-related area, but includes any shoulder of a road.

252C Exception to not riding personal mobility devices on particular roads—PMD-permitted bicycle lane

(1)The rider of a personal mobility device does not commit an offence against section 252B(1) if the rider—
(a)is riding in a PMD-permitted bicycle lane; or
(b)is riding on a road mentioned in section 252B (a prohibited road) to enter or leave a PMD-permitted bicycle lane by the shortest safe route; or

Examples for subsection (1)(b)—

a rider of a personal mobility device riding from a footpath, using a kerb ramp or driveway nearest to a PMD-permitted bicycle lane, and on a prohibited road to enter the bicycle lane
a rider of a personal mobility device leaving a PMD-permitted bicycle lane by riding on a prohibited road to reach the nearest kerb ramp or driveway in order to ride on a footpath
(c)is in a bicycle storage area at the end of a PMD-permitted bicycle lane; or
(d)is riding through an intersection from a PMD-permitted bicycle lane, a bicycle storage area at the end of a PMD-permitted bicycle lane, or a road (other than a prohibited road) to—
(i)a PMD-permitted bicycle lane adjacent to the intersection; or
(ii)a road (other than a prohibited road) adjacent to the intersection; or
(iii)a place on a road adjacent to the intersection where the rider reasonably believes there is a PMD-permitted bicycle lane or a road (other than a prohibited road).
(2)A bicycle lane is a PMD-permitted bicycle lane if—
(a)the speed limit applying to a driver on the road is not more than 50km/h; or
(b)the bicycle lane is physically separated from other lines of traffic on the road by a structure including, for example, a dividing strip, traffic island, row of bollards or separation kerb.

252D Other exceptions to not riding personal mobility devices on particular roads

(1)The rider of a personal mobility device does not commit an offence against section 252B(1) if the rider—
(a)is crossing a road on the device; and
(b)crosses the road by the shortest safe route or in accordance with section 248(6); and
(c)does not stay on the road longer than is necessary to cross the road safely.
(2)Also, the rider of a personal mobility device does not commit an offence against section 252B(1) if—
(a)there is an obstruction—
(i)on a bicycle path, footpath, separated footpath, shared path or nature strip adjacent to the road; or
(ii)in a PMD-permitted bicycle lane; and
(b)because of the obstruction, it is impracticable to ride on the path, nature strip or PMD-permitted bicycle lane; and
(c)the rider rides less than 50m along the road to avoid the obstruction.
(3)In this section—
obstruction does not include a pedestrian.

252E Personal mobility device rider crossing a road on or near a crossing for pedestrians

(1)The rider of a personal mobility device must not cross a road, or part of a road, within 20m of a crossing on the road, except at the crossing or another crossing, unless the rider—
(a)is crossing to or from a safety zone; or
(b)is crossing at an intersection with traffic lights and a pedestrians may cross diagonally sign; or
(c)is crossing in a shared zone; or
(d)is crossing a road, or a part of a road, from which vehicles, other than bicycles and personal mobility devices, are excluded (either permanently or temporarily); or
(e)is crossing at a bicycle crossing.

Maximum penalty—20 penalty units.

(2)In this section—
crossing means a children’s crossing, marked foot crossing or pedestrian crossing.

252F Personal mobility device rider crossing a level crossing

(1)The rider of a personal mobility device must not cross a railway line, or tram tracks, at a level crossing unless—
(a)there is a pedestrian facility at the crossing and the rider uses the facility; or
(b)there is no pedestrian facility at, or within 20m of, the crossing.

Maximum penalty—20 penalty units.

(2)The rider of a personal mobility device must not cross a pedestrian level crossing at a level crossing if—
(a)warning lights (for example, twin red lights or rotating red lights) are flashing or warning bells are ringing; or
(b)a gate, boom or barrier at the pedestrian level crossing or level crossing is closed or is opening or closing; or
(c)a train or tram is on or entering the pedestrian level crossing or level crossing; or
(d)a train or tram approaching the pedestrian level crossing can be seen from the pedestrian level crossing or is sounding a warning, and there would be a danger of the rider being struck by the train or tram if the rider entered the pedestrian level crossing; or
(e)the pedestrian level crossing, or a footpath or shared path beyond the pedestrian level crossing, is blocked.

Example for subsection (2)(e)—

The pedestrian level crossing, or a footpath or shared path beyond the pedestrian level crossing, may be blocked by a collision between a vehicle and a pedestrian.

Maximum penalty—20 penalty units.

(3)If any of the following events occurs after the rider of a personal mobility device has started to cross a pedestrian level crossing, the rider must finish crossing the pedestrian level crossing without delay—
(a)warning lights start flashing, or warning bells start ringing;
(b)a gate, boom or barrier starts to close;
(c)a train or tram approaches the pedestrian level crossing.

Maximum penalty—20 penalty units.

(4)In this section—
pedestrian facility means a footpath, bridge or other structure designed for the use of pedestrians.

252G Personal mobility device rider crossing a pedestrian level crossing that has a red pedestrian light

(1)If the rider of a personal mobility device approaches a pedestrian level crossing that has a red pedestrian light, the rider must not start to cross the crossing while the light is red.

Maximum penalty—20 penalty units.

(2)If a red pedestrian light at a pedestrian level crossing appears after the rider of a personal mobility device has started to cross the crossing, the rider must finish crossing the crossing without delay.

Maximum penalty—20 penalty units.

80Amendment of s 253 (Bicycle riders not to cause a traffic hazard)

(1)Section 253, heading, after ‘Bicycle’—
insert—

and personal mobility device

(2)Section 253, after ‘bicycle’—
insert—

or a personal mobility device

81Amendment of s 254 (Bicycles being towed etc.)

(1)Section 254, heading, after ‘Bicycles’—
insert—

or personal mobility devices

(2)Section 254(1) and (2), after ‘bicycle’—
insert—

or a personal mobility device

82Amendment of s 255 (Riding too close to the rear of a motor vehicle)

(1)Section 255, heading, after ‘Riding’—
insert—

a bicycle or personal mobility device

(2)Section 255, after ‘bicycle’—
insert—

or a personal mobility device

83Insertion of new s 256A

After section 256
insert—

256A Personal mobility device rider required to wear helmet

(1)The rider of a personal mobility device must wear an approved bicycle helmet or an approved motorbike helmet securely fitted and fastened on the rider’s head.

Maximum penalty—20 penalty units.

(2)A person is exempt from wearing a helmet under subsection (1) if the person is carrying a current doctor’s certificate stating that, for a stated period—
(a)the person can not wear a helmet for medical reasons; or
(b)because of a physical characteristic of the person, it would be unreasonable to require the person to wear a helmet.
(3)A person is also exempt from wearing a helmet under subsection (1) if—
(a)the person is a member of a religious group; and
(b)the person is wearing a type of headdress customarily worn by members of the group; and
(c)the wearing of the headdress makes it impractical for the person to wear a helmet.
(4)If, for any reason, a person can not wear an approved motorbike helmet, the person is not exempt from the requirement to wear an approved bicycle helmet under subsection (1) unless subsection (2) or (3) also applies to the person in relation to a bicycle helmet.

84Amendment of s 257 (Riding with a person on a bicycle trailer)

(1)Section 257, heading—
omit, insert—

257Riding a bicycle or personal mobility device with a person on a bicycle or PMD trailer

(2)Section 257(1)—
omit, insert—
(1)The rider of a bicycle or a personal mobility device must not tow a bicycle or PMD trailer with a person in or on the trailer, unless—
(a)the rider is at least 16 years; and
(b)the person in or on the trailer is under 10 years; and
(c)the trailer can safely carry the person; and
(d)the person in or on the trailer is wearing an approved bicycle helmet securely fitted and fastened on the person’s head.

Maximum penalty—20 penalty units.

(3)Section 257(2), definition bicycle trailer
omit.
(4)Section 257(2)—
insert—
bicycle or PMD trailer means a vehicle that is built to be towed, or is towed, by a bicycle or personal mobility device.

85Amendment of s 258 (Equipment on a bicycle)

(1)Section 258, heading, after ‘bicycle’—
insert—

or personal mobility device

(2)Section 258
insert—
(2)A person must not ride a personal mobility device that does not have an effective stopping system controlled by using brakes, gears or motor control.

Maximum penalty—20 penalty units.

(3)A person must not ride a personal mobility device that is steered by handlebars unless the device has a bell, horn or similar warning device in working order.

Maximum penalty—20 penalty units.

86Insertion of new s 258A

After section 258
insert—

258A Personal mobility devices with sharp protrusions

A person must not ride a personal mobility device that has sharp protrusions.

Maximum penalty—20 penalty units.

87Amendment of s 259 (Riding at night)

(1)Section 259, heading, after ‘Riding’—
insert—

bicycles or personal mobility devices

(2)Section 259, after ‘a bicycle’—
insert—

or a personal mobility device

(3)Section 259, ‘or rider’—
omit, insert—

, personal mobility device or rider

(4)Section 259(a), (b) and (c), after ‘the bicycle’—
omit, insert—

or device

88Amendment of s 260 (Stopping for a red bicycle crossing light)

(1)Section 260, heading, after ‘Stopping’—
insert—

a bicycle or personal mobility device

(2)Section 260(1), after ‘a bicycle’—
insert—

or a personal mobility device

89Amendment of s 261 (Stopping for a yellow bicycle crossing light)

(1)Section 261, heading, after ‘Stopping’—
insert—

a bicycle or personal mobility device

(2)Section 261(1), after ‘a bicycle’—
insert—

or a personal mobility device

90Amendment of s 262 (Proceeding when bicycle crossing at an intersection or another place on a road)

(1)Section 262(1), after ‘a bicycle’—
insert—

or a personal mobility device

(2)Section 262(2)(a), after ‘bicycles’—
insert—

or personal mobility devices

91Amendment of s 269 (Opening doors and getting out of a vehicle etc.)

Section 269(2), ‘or’—
omit, insert—

, a personal mobility device or an

92Amendment of s 270 (Wearing motorbike helmets)

Section 270(3), definition approved motorbike helmet
relocate to schedule 5.

93Amendment of s 288 (Driving on a path)

(1)Section 288(1), after ‘bicycle’—
insert—

or a personal mobility device

(2)Section 288(4)—
omit, insert—
(4)A driver on a path (except the rider of a bicycle or a personal mobility device) must give way to all other road users, and to animals, on the path unless the driver is driving on the path—
(a)to enter a road from a road-related area or adjacent land; or
(b)to enter a road-related area or adjacent land from a road.

Maximum penalty—20 penalty units.

94Amendment of s 289 (Driving on a nature strip)

Section 289(1)(d), ‘or animal’—
omit, insert—

, a personal mobility device or an animal

95Amendment of s 294 (Keeping control of a vehicle being towed)

Section 294(3), after ‘bicycle,’—
insert—

personal mobility device,

96Amendment of s 300 (Use of mobile phones)

Section 300
insert—
(3A)Further, subsection (1) does not apply to a rider of a bicycle or a personal mobility device if the rider is using a mobile phone while the bicycle or device is stationary on a bicycle path, footpath, separated footpath, shared path or nature strip.

97Amendment of s 301 (Leading an animal while in or on a vehicle)

Section 301(3), from ‘The rider’ to ‘the bicycle.’—
omit, insert—

The rider of a bicycle or a personal mobility device must not lead an animal, including by tethering the animal to the bicycle or device.

98Omission of s 308A (Exemption for police officers using personal mobility devices)

Section 308A
omit.

99Amendment of s 336 (How separated footpath signs and separated footpath road markings apply)

(1)Section 336(5)
omit.
(2)Section 336, notes—
omit, insert—

Note—

See section 243 about using a wheeled recreational device on a separated footpath.

100Amendment of s 352A (Giving way to pedestrians crossing a road)

(1)Section 352A, heading, after ‘pedestrians’—
insert—

and riders of bicycles and personal mobility devices

(2)Section 352A(1), after ‘pedestrian’—
insert—

, or the rider of a bicycle or a personal mobility device,

(3)Section 352A(2), ‘only if the pedestrian’s’—
omit, insert—

or rider only if the pedestrian’s or rider’s

101Amendment of sch 3 (Other permitted traffic signs)

(1)Schedule 3, entries for No personal mobility devices sign, ‘section 244H’—
omit, insert—

section 252A

(2)Schedule 3
insert—

No personal mobility devices sign

(section 252A)

No personal mobility devices sign

 

No personal mobility devices sign

(section 252A)

No personal mobility devices sign

Personal mobility device speed limit sign

(section 24B)

graphic image

 

Personal mobility device speed limit sign

(section 24B)

25km/h PMD speed limit sign (Alternative sign)

End no personal mobility devices sign

(section 252A)

End no personal mobility devices sign

 

End personal mobility device speed limit sign

(section 24B)

End personal mobility device speed limit sign

102Amendment of sch 4 (Symbols and traffic-related items)

Schedule 4
insert—

 

Personal mobility device symbol

(section 24B)

Personal mobility device symbol

 

103Amendment of sch 5 (Dictionary)

(1)Schedule 5, definitions bicycle trailer, pedestrian and PMD user
omit.
(2)Schedule 5
insert—
bicycle or PMD trailer see section 257(2).
pedestrian level crossing see section 235A(1).
PMD-permitted bicycle lane see section 252C(2).
(3)Schedule 5, definition road marking, after ‘road’—
insert—

or path