Road Safety Road Rules (Electric Personal Transporters Trial) Amendment Rules 2016

S.R. No. 98/2016

TABLE OF PROVISIONSRule Page

1 Objective 12 Authorising provision 13 Commencement 14 Principal Rules 15 What is a vehicle 26 Who is a pedestrian 27 Amendments to notes in Division 1 of Part 14 28 Pedestrians travelling along a road (except while travelling on an

electric personal transporter or in or on a wheeled recreational device or toy) 3

9 Pedestrians on a bicycle path or separated footpath 310 Travelling in or on a wheeled recreational device or toy on a

footpath or shared path 411 New Division 3 inserted in Part 14 412 Riding on a footpath or shared path 2013 Amendment of Schedule 3—No electric personal transporters sign 2014 Amendment of Schedule 4 2115 Dictionary 2216 Reader's Guide 24

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Endnotes 25

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STATUTORY RULES 2016

S.R. No. 98/2016

Road Safety Act 1986

Road Safety Road Rules (Electric Personal Transporters Trial) Amendment Rules 2016

The Governor in Council makes the following Rules:

Dated: 9 August 2016

Responsible Minister:

LUKE DONNELLANMinister for Roads and Road Safety

ANDREW ROBINSONClerk of the Executive Council

1 Objective

The objective of these Rules is to amend the Road Safety Road Rules 2009 to make provision for the use of electric personal transporters on a trial basis.

2 Authorising provision

These Rules are made under section 95D of the Road Safety Act 1986.

3 Commencement

These Rules come into operation on 9 August 2016.

4 Principal Rules

In these Rules, the Road Safety Road Rules 20091 are called the Principal Rules.

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5 What is a vehicle

In rule 15(2)(b) of the Principal Rules—

(a) in subparagraph (iii), for "toy." substitute "toy; or";

(b) after subparagraph (iii) insert—

"(iv) an electric personal transporter.".

6 Who is a pedestrian

(1) In rule 18 of the Principal Rules—

(a) in paragraph (d), for "toy." substitute "toy; and";

(b) after paragraph (d) insert—

"(e) a person travelling on an electric personal transporter.".

(2) In the note at the foot of rule 18 of the Principal Rules, for "Wheelchair" substitute "Electric personal transporter, travel on, wheelchair".

7 Amendments to notes in Division 1 of Part 14

(1) In note 1 under the heading to Division 1 of Part 14 of the Principal Rules—

(a) in the last dot point, for "toy (see rule 18)." substitute "toy;";

(b) after the last dot point insert—

"• a person travelling on an electric personal transporter (see rule 18).".

(2) In note 2 under the heading to Division 1 of Part 14 of the Principal Rules, for "Wheelchair" substitute "Electric personal transporter, travel on, wheelchair".

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8 Pedestrians travelling along a road (except while travelling on an electric personal transporter or in or on a wheeled recreational device or toy)

(1) In the heading to rule 238 of the Principal Rules, after "except" insert "while travelling on an electric personal transporter or".

(2) In rule 238(3) of the Principal Rules, in the definition of pedestrian, after "a person travelling" insert "on an electric personal transporter or".

(3) In the notes at the foot of rule 238(3) of the Principal Rules—

(a) in note 1, after "in rule 12, and" insert "electric personal transporter,";

(b) after note 2, insert the following note—"3 Persons travelling on roads on an

electric personal transporter are dealt with in rule 244H.".

9 Pedestrians on a bicycle path or separated footpath

(1) In the notes at the foot of rule 239(2) of the Principal Rules—

(a) in note 1, for "Traffic control device" substitute "Electric personal transporter, traffic control device";

(b) after note 2, insert the following note—"3 Rule 244J(3) provides that a person travelling

on an electric personal transporter on a bicycle path must keep out of the path of any bicycle.".

(2) After rule 239(2) of the Principal Rules insert—

"(2A) Also, a pedestrian may be on a bicycle path if—

(a) the pedestrian is a person travelling on an electric personal transporter; and

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(b) there is no traffic control device, or information on or with a traffic control device, applying to the bicycle path that indicates that a person travelling on an electric personal transporter is not permitted to be on the bicycle path.".

10 Travelling in or on a wheeled recreational device or toy on a footpath or shared path

(1) In rule 242(1)(b) of the Principal Rules, after "person travelling" insert "on an electric personal transporter or".

(2) In note 1 at the foot of rule 242(1) of the Principal Rules, for "Footpath is" substitute "Electric personal transporter, footpath and travel on are".

11 New Division 3 inserted in Part 14

After Division 2 of Part 14 of the Principal Rules insert—

"Division 3—Rules for persons travelling on electric personal

transporters

Notes

1 For the Road Rules, a person travelling on an electric personal transporter is a pedestrian, not a rider—see rule 18(e). This Division contains rules that apply only to persons travelling on electric personal transporters.

2 Electric personal transporter, electric personal transporter route, electric personal transporter tour, electric personal transporter use area and travel on are defined in the dictionary.

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244C Electric personal transporter routes and use areas

(1) The Corporation, for the purposes of this Division, by notice published in the Government Gazette, may do either or both of the following—

(a) specify a route consisting of specified roads and road related areas as an electric personal transporter route;

(b) specify an area encompassing roads and road related areas to be an electric personal transporter use area.

(2) Before the Corporation publishes a notice under subrule (1), it must consult with any other road authority that the Corporation considers may be affected by that publication.

(3) In this rule—

road authority has the same meaning as in the Road Management Act 2004.

244D Electric personal transporters must only be used on roads or road related areas as part of an electric personal transporter tour

A person must not travel on an electric personal transporter on a road or road related area unless the person is taking part in an electric personal transporter tour on an electric personal transporter supplied to the person as part of that tour.

Penalty: 3 penalty units.Note

A local law may provide that a permit is required in order to operate an electric personal transporter tour.

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244E Electric personal transporters must only be used on electric personal transporter routes or in electric personal transporter use areas

A person must not travel on an electric personal transporter on a road or road related area unless that road or road related area is an electric personal transporter route or in an electric personal transporter use area.

Penalty: 3 penalty units.

244F Electric personal transporters not to be used on certain roads

(1) A person must not travel on an electric personal transporter on a road if there is a bicycle path, footpath, nature strip or shared path adjacent to the road, unless it is impracticable to travel on the bicycle path, footpath, nature strip or shared path.

Penalty: 3 penalty units.Note

Footpath and nature strip are defined in the dictionary, bicycle path is defined in rule 239, and shared path is defined in rule 242.

(2) A person must not travel on an electric personal transporter on—

(a) a road with a dividing line or median strip; or

(b) a road on which the speed-limit is greater than 50 kilometres per hour; or

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(c) a one-way road with more than one marked lane.

Penalty: 3 penalty units.Note

Dividing line, marked lane, median strip and one-way road are defined in the dictionary.

(3) A person must not travel on an electric personal transporter on a road or road related area at night.

Penalty: 3 penalty unitsNote

Night is defined in the dictionary.

(4) Subrule (1) does not apply to a person travelling on an electric personal transporter in a shared zone.

(5) Subrule (2) does not apply to a person who is crossing a road on an electric personal transporter if the person—

(a) crosses the road by the shortest safe route; and

(b) does not stay on the road longer than necessary to cross the road safely; and

(c) is not prohibited, under these Rules, from crossing the road on an electric personal transporter.

(6) In subrules (1) and (2), road does not include a road related area, but includes any shoulder of the road.Note

Road related area is defined in rule 13 and shoulder is defined in rule 12.

244G No electric personal transporter sign

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A person on a road who is travelling on an electric personal transporter must not travel past a no electric personal transporter sign.

Penalty: 3 penalty units.

No electric personal transporter sign

244H Travelling on an electric personal transporter on a road

(1) A person travelling on an electric personal transporter on a road must keep as far to the left side of the road as is practicable.

Penalty: 3 penalty units.

(2) A person travelling on an electric personal transporter on a road or road related area must not travel alongside more than 1 other pedestrian or vehicle travelling on the road or road related area in the same direction as the person, unless the person is overtaking other pedestrians.

Penalty: 3 penalty units.

(3) In subrule (1), road does not include a road related area.

Note

Road related area is defined in rule 13.

244I Travelling on an electric personal transporter on a footpath or shared path or in a shared zone

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(1) A person travelling on an electric personal transporter on a footpath or shared path must keep to the left of the footpath or shared path unless it is impracticable to do so.

Penalty: 3 penalty units.

(2) A person travelling on an electric personal transporter on a footpath or shared path or in a shared zone must give way to any pedestrian (except a person travelling on an electric personal transporter or in or on a wheeled recreational device or wheeled toy) who is on the footpath or shared path or in the shared zone.

Penalty: 3 penalty units.Notes

1 Footpath is defined in the dictionary and shared path is defined in rule 242.

2 For this rule, give way means the person must slow down and, if necessary, stop to avoid a collision—see the definition in the dictionary.

3 Bicycle riders on footpaths and shared paths are not required to give way to persons travelling on electric personal transporters—see rule 250(2).

244J Travelling on an electric personal transporter on a bicycle path or separated footpath

(1) A person travelling on an electric personal transporter must not be on a part of a separated footpath designated for the use of bicycles unless the person—

(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.

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Penalty: 3 penalty units.

(2) A person travelling on an electric personal transporter on part of a separated footpath designated for the use of pedestrians must give way to any pedestrian (except a person travelling on an electric personal transporter) who is on the separated footpath.

Penalty: 3 penalty units.

(3) A person travelling on an electric personal transporter on a bicycle path must keep out of the path of any bicycle.

Penalty: 3 penalty units.Note

Bicycle and electric personal transporter are defined in the dictionary, and bicycle path and separated footpath are defined in rule 239.

244K Electric personal transporter user to stop at red bicycle crossing light

(1) A person travelling on an electric personal transporter approaching or at an intersection, or another place on a road or road related area, with bicycle crossing lights must comply with this rule.

Penalty: 10 penalty units.Note

Bicycle crossing lights is defined in the dictionary.

(2) If the bicycle crossing lights show a red bicycle crossing light and the person travelling on an electric personal transporter

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has not already started crossing the intersection or place, the person must not start to cross until—

(a) the bicycle crossing lights change to green; or

(b) there is no red or yellow bicycle crossing light showing.

Notes

1 Red bicycle crossing light includes a flashing red bicycle crossing light—see the definition in the dictionary.

2 Green bicycle crossing light and yellow bicycle crossing light are defined in the dictionary.

Red bicycle crossing light

Green bicycle crossing light

(3) In this rule—

road includes any shoulder of the road.Note

Road related area is defined in rule 13 and shoulder is defined in rule 12.

244L Electric personal transporter user to stop at yellow bicycle crossing light

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(1) A person travelling on an electric personal transporter approaching or at an intersection, or another place on a road or road related area, with bicycle crossing lights must comply with this rule.

Penalty: 10 penalty units.Note

Bicycle crossing lights is defined in the dictionary.

(2) If the bicycle crossing lights show a yellow bicycle crossing light and the person travelling on an electric personal transporter has not already started crossing the intersection or place, the person must not start to cross until—

(a) the bicycle crossing lights change to green; or

(b) there is no red or yellow bicycle crossing light showing.

Notes

1 Yellow bicycle crossing light includes a flashing yellow bicycle crossing light—see the definition in the dictionary.

2 Green bicycle crossing light and red bicycle crossing light are defined in the dictionary.

Yellow bicycle crossing light

(3) In this rule—

road includes any shoulder of the road.

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Note

Road related area is defined in rule 13 and shoulder is defined in rule 12.

244M Electric personal transporter user proceeding when bicycle crossing lights change to yellow or red

(1) A person travelling on an electric personal transporter who is crossing at an intersection, or another place on a road, with bicycle crossing lights and traffic lights must comply with this rule.

Penalty: 5 penalty units.Note

Bicycle crossing lights, intersection and traffic lights are defined in the dictionary.

(2) If the bicycle crossing lights change from green to yellow, flashing yellow, red or flashing red while the person travelling on an electric personal transporter is crossing the road, the person must not stay on the road for longer than necessary to cross safely to the nearer (in the direction of travel of the person) of the following—

(a) a dividing strip, safety zone, or traffic island, forming part of the area set aside or used by riders of bicycles to cross the road at the intersection or place (the safety area);

(b) the far side of the road.Note

Dividing strip and traffic island are defined in the dictionary, and safety zone is defined in rule 162.

(3) Despite subrule (2), in the circumstances set out in that subrule the person may instead return to the side of the road, or to the safety

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area, that the person has just left, but only if—

(a) at the time the lights change, that side or safety area is closer to the person than the side or safety area (whichever is the closer) that the person was heading for at that time; and

(b) the person does not stay on the road for longer than is necessary to return to that side or safety area.

(4) If, under subrule (2), the person crosses to the safety area, the person must remain in the safety area until the bicycle crossing lights change to green.

(5) However, if the person cannot operate the bicycle crossing lights from the safety area, the person may cross to the far side of the road when—

(a) the traffic lights change to green or flashing yellow, or there is no red traffic light showing; and

(b) it is safe to do so.Note

Red traffic light is defined in the dictionary.

(6) In this rule—

road does not include a road related area, but includes any shoulder of the road.

Note

Road related area is defined in rule 13 and shoulder is defined in rule 12.

244N Electric personal transporters being towed

A person must not travel on an electric personal transporter on a road or road related

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area while the electric personal transporter is being towed by a vehicle.

Penalty: 3 penalty units.Note

Vehicle is defined in rule 15.

244O Person to have proper control of an electric personal transporter

A person must not travel on an electric personal transporter on a road or road related area unless the person has proper control of the electric personal transporter.

Penalty: 5 penalty units.

244P Wearing of bicycle helmets by persons travelling on electric personal transporters

(1) A person travelling on an electric personal transporter on a road or road related area must wear an approved bicycle helmet securely fitted and fastened on the person's head, unless—

(a) the Corporation has issued a certificate to the person under subrule (2) and the person complies with subrule (3); or

(b) the person is exempt from this rule under subrule (4).

Penalty: 5 penalty units.Note

Approved bicycle helmet is defined in the dictionary.

(2) The Corporation may issue a certificate stating that it would be impractical, undesirable or inexpedient that the person named in the certificate wear a bicycle helmet while travelling on an electric personal transporter.

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(3) A certificate issued under subrule (2) must be—

(a) carried by the person to whom it applies while the person is travelling on an electric personal transporter; and

(b) produced by the person to a police officer or authorised person when requested to do so.

(4) A person is exempt from wearing a bicycle helmet under subrule (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 that group; and

(c) the wearing of the headdress makes it impractical for the person to wear a bicycle helmet.

244Q Equipment on electric personal transporters

A person must not travel on an electric personal transporter on a road or road related area if the electric personal transporter does not have—

(a) at least 1 effective brake; and

(b) a bell, horn, or similar warning device, in working order.

Penalty: 2 penalty units.

244R Minimum age requirement for travelling on electric personal transporters

(1) A person must not, on a road or road related area, conduct an electric personal transporter

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tour which has, as a participant on the tour, a child under 12 years of age.

Penalty: 3 penalty units.

(2) Subrule (1) does not apply if, before the start of the electric personal transporter tour, the person has taken reasonable steps to determine that each participant on the electric personal transporter tour is 12 years of age or older.

244S Speed-limit applicable to electric personal transporters

A person must not travel on an electric personal transporter on a road or road related area at a speed over 10 kilometres per hour.

Penalty: 3 penalty units.

244T Carrying people or animals on electric personal transporters

A person travelling on an electric personal transporter on a road or road related area must not use the electric personal transporter to carry any other person or any animal.

Penalty: 3 penalty units.

244U Offence to consume intoxicating liquor while travelling on an electric personal transporter

A person must not consume intoxicating liquor while travelling on an electric personal transporter on a road or road related area.

Penalty: 5 penalty units.

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244V Use of mobile phones by users of electric personal transporters

(1) A person travelling on an electric personal transporter on a road or road related area must not use a mobile phone while the electric personal transporter is moving unless—

(a) the phone is being used—

(i) to make or receive a phone call (other than a text message, video message, email or similar communication); or

(ii) to perform an audio playing function—

and the body of the phone—

(iii) is secured in a mounting affixed to the electric personal transporter while being so used; or

(iv) is not being held by the person, and the use of the phone does not require the person, at any time while using it, to press any thing on the body of the phone or to otherwise manipulate any part of the body of the phone; or

(b) the phone is being used to perform a navigational or intelligent highway and vehicle system function and the body of the phone is secured in a mounting affixed to the electric personal transporter while being so used.

Penalty: 10 penalty units.

(2) For the purposes of this rule, a person does not use a phone to receive a text message,

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video message, email or similar communication if—

(a) the communication is received automatically by the phone; and

(b) on and after receipt, the communication itself (rather than any indication that the communication has been received) does not become automatically visible on the screen of the phone.

(3) In this rule—

affixed to, in relation to an electric personal transporter, includes forming part of the electric personal transporter;

body, in relation to a mobile phone, means the part of the phone that contains the majority of the phone's mechanisms;

held includes held by, or resting on, any part of the person's body, but does not include held in a pocket of the person's clothing or in a pouch worn by the person;

mobile phone does not include a CB radio or any other two way radio;

use, in relation to a mobile phone, includes any of the following actions by a person—

(a) holding the body of the phone in the person's hand (whether or not engaged in a phone call);

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(b) entering or placing, other than by the use of voice, anything into the phone, or sending or looking at anything that is in the phone;

(c) turning the phone on or off;

(d) operating any other function of the phone.".

12 Riding on a footpath or shared path

In rule 250(2)(b) of the Principal Rules, after "any pedestrian" insert "(except a person travelling on an electric personal transporter)".

13 Amendment of Schedule 3—No electric personal transporters sign

(1) For the note under the heading to Schedule 3 to the Principal Rules substitute—"Note

The traffic signs in this Schedule are either alternative versions of the signs in Schedule 2 or signs that are Victoria specific. Some of these signs are not included in the Australian Standard AS1742 (Manual of Uniform Traffic Control Devices), but are in use in Victoria.".

(2) In the Table in Schedule 3 to the Principal Rules, after the diagram containing the median turning lane sign insert the following diagram—

"No electric personal transporter sign

(rule 244G)

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".

14 Amendment of Schedule 4

(1) In the Table in Schedule 4 to the Principal Rules, for the diagram containing the green bicycle crossing light symbol substitute—

"

".

(2) In the Table in Schedule 4 to the Principal Rules, for the diagram containing the red bicycle crossing light symbol substitute—

"

Green bicycle crossing light symbol(rules 244K, 260)

Red bicycle crossing light symbol(rules 244K, 260)

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".

(3) In the Table in Schedule 4 to the Principal Rules, for the diagram containing the yellow bicycle crossing light symbol substitute—

"

".

15 Dictionary

In the dictionary to the Principal Rules—

(a) insert the following definitions—

"electric personal transporter means a vehicle designed for use by one person that—

(a) has 2 wheels that operate on a single axis; and

(b) is designed to be self-balancing while a person is using it; and

(c) is propelled by an electric motor; and

(d) is steered by means of a handlebar; and

(e) has a maximum speed of 25 kilometres per hour; and

Yellow bicycle crossing light symbol(rules 244L, 261)

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(f) is fitted with a device that can limit the maximum speed to 10 kilometres per hour; and

(g) has a maximum width of 850 millimetres; and

(h) has a maximum weight of 60 kilograms when not carrying a person or any load;

electric personal transporter route means a route consisting of specified roads and road related areas that is specified as an electric personal transporter route by notice under rule 244C(1)(a);

electric personal transporter tour means a commercially organised and supervised tour using electric personal transporters for tourism purposes;

electric personal transporter use area means an area that is specified as an electric personal transporter use area by notice under rule 244C(1)(b);

travel on, for an electric personal transporter, means to be in control of the electric personal transporter;";

(b) in paragraph (c) of the definition of bicycle, after "not include" insert "an electric personal transporter,";

(c) in paragraph (b) of the definition of wheeled recreational device, after "bicycle," insert "an electric personal transporter, a".

16 Reader's Guide

In the Reader's Guide to the Principal Rules, in the section headed "Diagrams of traffic signs", for "alternative signs still in use in Victoria, but are being phased out" substitute "either

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alternative versions of the signs in Schedule 2 (which are being phased out) or signs that are Victoria specific".

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Endnotes

Endnotes

Road Safety Road Rules (Electric Personal Transporters Trial) Amendment Rules 2016

S.R. No. 98/2016

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1 Rule 4: S.R. No. 94/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 88/2013. Subsequently amended by S.R. Nos 134/2013, 151/2013, 68/2014, 132/2014, 146/2014, 86/2015, 120/2015 and 125/2015.