Part 8 Regulation of traffic by roads authorities
114 Roads authorities may only regulate traffic in accordance with Part
A roads authority may not regulate traffic on a public road otherwise than in accordance with this Part.
115 Roads authority may regulate traffic in connection with road work etc
(1) A roads authority may regulate traffic on a public road by means of barriers or by means of notices conspicuously displayed on or adjacent to the public road.(2) The power conferred by this section may be exercised by the RTA for any purpose but may not be exercised by any other roads authority otherwise than:(a) for the purpose of enabling the roads authority to exercise its functions under this Act with respect to the carrying out of road work or other work on a public road, or(b) for the purpose of protecting a public road from serious damage by vehicles or animals as a result of wet weather, or(c) for the purpose of protecting earth roads from damage caused by heavy vehicles or by animals, or(d) for the purpose of protecting members of the public from any hazards on the public road, or(e) for the purpose of protecting vehicles and other property on the public road from damage, or(f) for the purpose of enabling a public road to be used for an activity in respect of which a permit is in force under Division 4 of Part 9, or(g) for a purpose for which the roads authority is authorised or required, by or under this or any other Act or law, to regulate traffic.(3) A roads authority may not restrict the passage of heavy vehicles or animals along the roadway of an earth road unless clear side tracks have been provided for their passage.(4) A person:(a) must not, in wilful contravention of any such notice or in wilful disregard of any such barrier, pass along, or cause any vehicle or animal to pass along, a length of public road, and(b) must not damage, remove or otherwise interfere with a notice or barrier erected for the purposes of this section.Maximum penalty: 10 penalty units.
(5) It is the duty of a roads authority by which a notice or barrier has been erected under this section to remove the notice or barrier if there is no longer any need to regulate traffic for the purpose for which the notice or barrier was erected.
Division 2 Additional powers at the request of the roads authority
(1) A roads authority may apply to the RTA for consent to:(a) the erection of any notice or barrier, the carrying out of any work or the taking of any other action for the purpose of regulating traffic on a public road for purposes other than those referred to in Division 1, or(b) the removal of any notice or barrier, the demolition of any work or the ceasing of any action for which it has been given consent under this Division.(2) Before doing so, the roads authority must cause notice of the application to be published in a local newspaper.(3) The notice:(a) must specify the particular action for which the roads authority is applying for consent, and(b) must state that any person is entitled to make submissions to the RTA with respect to the granting of consent, and(c) must indicate the manner in which, and the period (being at least 28 days) within which, any such submission should be made.(4) This section does not apply to the erection of any notice, the carrying out of any work or the taking of any other action that the roads authority is required by Division 3 to erect, carry out or take.
(1) Any person may make submissions to the RTA or to the roads authority with respect to the application.(2) The roads authority must ensure that any submissions received by it with respect to the application are forwarded to the RTA.
(1) After considering any submissions that have been duly made with respect to an application, the RTA may grant consent to the application, either unconditionally or subject to conditions, or may refuse the application.(2) The roads authority is authorised to take such action as is specified in a consent under this section.
(1) A roads authority may request the Minister to review the decision of the RTA:(a) to refuse an application under this Division, or(b) to impose conditions on a consent granted under this Division.(2) The request must be accompanied by copies of all submissions made in connection with the original application.(3) The Minister, after taking into consideration the submissions and any representations made by the RTA with respect to the application, may deal with the application in any way in which the application could have been dealt with by the RTA.(4) The Minister’s decision under this section is taken to be the decision of the RTA and has effect accordingly.
Division 3 Additional powers at the direction of the Minister
120 Minister may direct roads authorities to exercise certain traffic regulation powers
(1) The Minister may order a roads authority to take such action, or to forbear from taking such action, with respect to the regulation of traffic on a public road as may be specified in the order.(2) For example, the Minister may order a roads authority to erect or to remove any notice or barrier.(3) Such an order may be given whether or not the roads authority is otherwise empowered to regulate traffic in the manner specified in the order.
121 Minister may regulate traffic in certain circumstances
(1) If a roads authority fails to comply with a direction under this Division, the Minister may take such action as is necessary to give effect to the direction.(2) The cost of taking action under this section is recoverable from the roads authority by the Minister as a debt in a court of competent jurisdiction.
122 Temporary regulation of traffic
(1) A roads authority may regulate traffic on a specified public road or on all public roads for which it is the roads authority:(a) in relation to a classified road, by means of an order published in a daily newspaper circulating generally throughout the State, or(b) in relation to any other public road, by means of an order published in one or more local newspapers or in a daily newspaper circulating generally throughout the State.(2) A roads authority may, by order served on any person, prohibit the person from causing any vehicle under the person’s control to pass along a specified local road unless the vehicle is being driven to a destination that cannot be reached except by means of that road.(3) An order under this section may not be made unless the roads authority is satisfied that it is necessary to do so in order to prevent damage in excess of the ordinary wear and tear arising from the reasonable use of the road or roads concerned.(4) A person must not, without reasonable excuse, contravene an order under this section.Maximum penalty: 30 penalty units.
(5) A roads authority must revoke any order under this section as soon as the circumstances giving rise to its making cease to exist.(6) Unless sooner revoked, an order under this section ceases to have effect at the expiration of 12 months after it was made.(7) Subsection (6) does not prevent an order being remade.
123 Application of Part to police and emergency services
The provisions of this Part do not apply to the driver of:(a) any motor vehicle while conveying a police officer on urgent duty, or(b) any fire engine or appliance while proceeding to a fire, or(c) any ambulance while proceeding to the scene of an accident or to a hospital with an injured person, or(d) any vehicle referred to in paragraph (a), (b) or (c) while proceeding to any place to deal with an emergency,if the observance of those provisions would be likely to hinder the vehicle while so doing.