ROAD TRAFFIC CODE 2000 - REG 297
ROAD TRAFFIC CODE 2000 - REG 297
297 . Power to erect traffic‑control signals and road signs
(1) The Commissioner
of Main Roads may erect, establish or display, and may alter or take down any
road sign, road marking or traffic‑control signal.
(2) The Commissioner
of Main Roads may allow an authorised body to erect, establish, display, alter
or take down any particular road sign, road marking or traffic‑control
signal, or road signs, road markings or traffic‑control signals of a
class or type of classes or types, and in the circumstances (if any),
specified in the instrument of authorisation.
(3) Where an
authorised body is causing work to be undertaken or responsible for a survey,
that authorised body may erect, establish, display, alter or take down any
particular road sign or traffic‑control signal, or road signs or
traffic‑control signals of a class or type of classes or types approved
by the Commissioner of Main Roads so as to only apply to one lane, or one
direction of, the carriageway to which the work or the survey relates.
(4) A person must not,
without the consent of the Commissioner of Main Roads, remove, take down,
damage, deface or interfere with any road sign, road marking or
traffic‑control signal.
Modified penalty: 1 PU
(4a) A person must not
erect, establish, place, maintain or display —
(a) a
traffic sign; or
(b) a
traffic‑control signal; or
(c) a
road marking,
on a road, unless that
person —
(d) is
authorised to do so by the Commissioner of Main Roads; or
(e) has
the consent of the Commissioner of Main Roads to do so under this regulation;
or
(f) is
otherwise entitled to do so under a written law of the State.
Modified penalty: 1 PU
(5) A person must not
erect, establish, place, maintain or display, on a road, anything
that —
(a) is a
false representation of, or a colourable imitation of, a traffic sign or
traffic‑control signal; or
(b)
interferes with the effectiveness of, or of any part of, a traffic sign or
traffic‑control signal; or
(c)
prevents an approaching driver from clearly distinguishing the whole, or part,
of a traffic sign or traffic‑control signal; or
(d)
distracts a driver’s attention from a traffic sign or
traffic‑control signal; or
(e) not
being a traffic sign, displays a word or direction ordinarily associated with
a traffic sign.
Modified penalty: 1 PU
(6) Despite these
regulations, a traffic sign or traffic‑control signal that was erected
prior to the coming into operation of these regulations, is a valid and
effective traffic sign or traffic‑control signal for the purposes of
these regulations.
(7) The provisions of
this regulation do not apply to the erection of road signs by any duly
incorporated association or union of motorists approved by the Minister.
(8) Unless otherwise
stated by the Commissioner of Main Roads, an authorised body may delegate the
responsibility for the erection, establishment, display, alteration or the
taking down of road signs in the circumstances set out in
subregulation (2) or (3).
(9) Despite this
regulation, where, for the purpose of temporarily controlling traffic it is
expedient to do so, a police officer may erect or cause to be erected, road
signs regulating the parking or stopping of vehicles and any sign so erected
is a valid and effective traffic sign for the purposes of these regulations.
[Regulation 297 amended: Gazette
23 Sep 2003 p. 4172‑3; 6 Apr 2004
p. 1135‑6; 23 Dec 2014 p. 4926; SL 2020/253
r. 27.]