ROAD SAFETY ROAD RULES 2017 - REG 289 Driving on a nature strip

ROAD SAFETY ROAD RULES 2017 - REG 289

    (1)     A driver must not drive on a nature strip adjacent to a length of road in a built-up area, unless the driver is—

        (a)     entering or leaving, by the shortest practicable route, an area on the nature strip indicated by information on or with a traffic control device as an area where vehicles may drive; or

        (b)     driving on a part of the nature strip indicated by information on or with a traffic control device as a part where vehicles may drive; or

        (c)     driving on the nature strip to enter or leave, by the shortest practicable route, a road related area or adjacent land and there is not a part of the nature strip indicated by information on or with a traffic control device as a part where vehicles may drive; or

Rule 289(1)(d) amended by S.R. No. 135/2021 rule 94.

        (d)     riding a bicycle, an electric scooter or animal, except if the Council prohibits the riding of bicycles, electric scooters or animals on the nature strip; or

        (e)     driving a ride-on lawnmower that is cutting grass on the nature strip; or

        (f)     driving a motorised wheelchair.

Penalty:     3 penalty units.

Note

"Adjacent land", built-up area , length of road, nature strip , traffic control device , wheelchair and with are defined in the dictionary. Road related area is defined in rule 13.

    (2)     A driver driving on a nature strip (except the rider of an animal, or a driver driving on the nature strip to enter a road from a road related area or adjacent land, or to enter a road related area or adjacent land from a road) must give way to all other road users, and to animals, on the nature strip.

Penalty:     5 penalty units.

Notes

1     "Road user "is defined in the dictionary.

2     For subrule (2), "give way" means the driver must slow down and, if necessary, stop to avoid a collision—see the definition in the dictionary.

3     Rules 74 and 75 deal with drivers giving way when crossing a nature strip adjacent to a road to enter or leave a road related area or adjacent land.

4     The rider of an animal on a nature strip must give way to any pedestrian on the nature strip—see rule 302.

    (2A)     Subrule (1) does not apply to the rider of a motor bike (with or without a trailer attached) or bicycle that is a postal vehicle if—

        (a)     the rider gives way to pedestrians and other vehicles and takes reasonable precautions to avoid collision with, or danger or obstruction to, any person or thing on or next to the path; and

        (b)     the rider does not exceed 10 kilometres per hour; and

        (c)     the motor bike has an engine capacity not exceeding 125 cc.

Note

Bicycle , motor bike and postal vehicle are defined in the dictionary.

Rule 289(3) amended by S.R. No. 153/2019 rule 4(Sch.  1 item 17).

    (3)     Subrule (1) does not apply to the driver of a vehicle acting in accordance with an exemption from the application of that subrule granted by the Secretary under subrule (4).

Rule 289(4) amended by S.R. No. 153/2019 rule 4(Sch.  1 item 17).

    (4)     The Secretary may exempt a driver of a vehicle or class of vehicles from the requirements of subrule (1) subject to any conditions the Secretary thinks fit.