Division 1 Lights on vehicles (except bicycles, animals and animal-drawn vehicles)

214   Division does not apply to riders of bicycles, animals or animal-drawn vehicles

This Division does not apply to the rider of a bicycle, animal or animal-drawn vehicle.

Note 1. Bicycle is defined in the Dictionary.

Note 2. The rules for using lights when riding a bicycle or an animal-drawn vehicle at night, or in hazardous weather conditions, are:

•  for riders of bicycles—rule 259

•  for riders of animal-drawn vehicles—rule 223.

214–1   NSW rule: interpretation

(cf RRR, cl 52)

In this Division:

dipping device has the same meaning as in the Road Transport (Vehicle Registration) Regulation 2007.

fog light means a light used to improve the illumination of the road in case of fog, snowfall, heavy rain or a dust storm.

headlight means a headlight of the kind referred to in the Road Transport (Vehicle Registration) Regulation 2007.

period of darkness means:

(a)  any time during the night, or

(b)  any other time when there is insufficient daylight to render a person dressed in dark clothing discernible at a distance of 100 metres.

Note 1. Night is defined in the Dictionary.

Note 2. There are no corresponding definitions for the purposes of Division 1 of Part 13 of the Australian Road Rules. These definitions are required for the purposes of the NSW rules contained in this Division.

215   Australian Road Rule not reproduced

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Note. Rule 215 (Using lights when driving at night or in hazardous weather conditions) of the Australian Road Rules has not been reproduced in these Rules. This rule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.

215–1   NSW rule: using lights when driving in dark

(cf RRR, cl 53)

(1)  A driver must not drive during a period of darkness unless the lights required by Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007 to be fitted to the vehicle are lighted.

Maximum penalty: 20 penalty units.

Note. Period of darkness is defined in rule 214–1.

(2)  Subrule (1) does not apply to any lights required or permitted during a period of darkness under these Rules or Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007 to be extinguished by the operation of a dipping device or otherwise.

Note. This rule is an additional NSW road rule. This rule applies in this jurisdiction instead of rule 215 of the Australian Road Rules.

216   Towing a vehicle at night or in hazardous weather conditions

(1)  A driver must not tow a vehicle at night, or in hazardous weather conditions causing reduced visibility unless:

(a)  if the towed vehicle is being towed from the front of the vehicle:

(i)  the tail lights of the vehicle are operating effectively and are clearly visible, or

(ii)  the vehicle has portable rear lights that are operating, or

(b)  if the towed vehicle is being towed from the rear of the vehicle—the vehicle has portable rear lights that are operating.

Maximum penalty: 20 penalty units.

Note. Night is defined in the Dictionary.

(2)  However, this rule does not apply to the driver of a tow truck if:

(a)  the driver is towing a disabled vehicle carrying a placard load of dangerous goods to a place that is safely off the road, and

(b)  a vehicle carrying a warning to other traffic is following immediately behind the disabled vehicle.

(3)  In this rule:

portable rear lights means:

(a)  for a vehicle being towed from the front of the vehicle—a pair of lights attached to the rear of the vehicle that, when operating, show a red light that is clearly visible for at least 200 metres from the rear of the vehicle, and

(b)  for a vehicle being towed from the rear of the vehicle—a pair of lights attached to the front of the vehicle that, when operating, show a red light that is clearly visible for at least 200 metres from the front of the vehicle.

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

Note 1. Road related area is defined in rule 13, and shoulder is defined in rule 12.

Note 2. The definitions of dangerous goods and placard load in rule 216 (3) have not been reproduced in these Rules. Those definitions in the Australian Road Rules allow the terms to be defined in another law of this jurisdiction. Accordingly, dangerous goods and placard load are defined in the Dictionary.

217   Australian Road Rule not reproduced

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Note 1. Rule 217 (Using fog lights) of the Australian Road Rules has not been reproduced in these Rules. This rule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.

218   Using headlights on high-beam

(1)  The driver of a vehicle must not use the vehicle’s headlights on high-beam, or allow the vehicle’s headlights to be used on high-beam, if the driver is driving:

(a)  less than 200 metres behind a vehicle travelling in the same direction as the driver, or

(b)  less than 200 metres from an oncoming vehicle.

Maximum penalty: 20 penalty units.

Note. High-beam and oncoming vehicle are defined in the Dictionary.

(2)  However, if the driver is overtaking a vehicle, the driver may briefly switch the headlights from low-beam to high-beam immediately before the driver begins to overtake the vehicle.

Note. Low-beam and overtake are defined in the Dictionary.

Examples. 

Example 1 Using headlights on low-beam when travelling less than 200 metres behind another vehicle travelling in the same direction

Example 2 Using headlights on low-beam when travelling within 200 metres of an oncoming vehicle

218–1   NSW rule: using lights on vehicles generally

(cf RRR, cl 55)

The driver of a vehicle must not:

(a)  use any fog light fitted to the vehicle unless the driver is driving in fog, mist or under other atmospheric conditions that restrict visibility, or

(b)  use any spot or search light fitted to the vehicle unless:

(i)  the vehicle is stationary and the light is used only for the purpose of examining or making adjustments or repairs to a vehicle, and the light from the light is not projected more than 6 metres, or

(ii)  the light is used for the temporary purpose of reading any finger or notice board or house number, or

(iii)  the vehicle is being driven or used by a police officer in the performance of the officer’s duty, or

(iv)  the vehicle is being used by a governmental or semi-governmental or local government or other authority in connection with its functions, or

(c)  use any additional headlight permitted to be fitted to the vehicle by Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007 when the vehicle is being driven on a length of road for which there is provision for the lighting by means of road lighting or when any approaching vehicle is visible to the driver, or

(d)  flash any headlight or additional headlight permitted to be fitted to the vehicle by clause 86 (6) of Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007 unless:

(i)  the vehicle is being used to respond to an emergency, and

(ii)  the vehicle is being driven by a person who is authorised to drive the vehicle and wears a badge or other distinguishing mark indicating that authority, or

(e)  use any light permitted to be fitted to the vehicle by clause 124 (4)–(9) of Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007 unless:

(i)  the vehicle is standing in a hazardous position or moving in hazardous circumstances, or

(ii)  the vehicle is an ambulance, police vehicle, fire fighting vehicle, mines rescue or other rescue vehicle, Red Cross vehicle or another emergency vehicle that is being used for urgent purposes arising from an accident, fire or other emergency, or

(iii)  the vehicle is a motor vehicle or trailer that is transporting any load that exceeds the maximum length, width or height limits set out in Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007 or any other vehicle used to escort such vehicles and either vehicle is being used for such purposes, or

(iv)  the vehicle is being used by the Authority for law enforcement purposes, or

(f)  use any device referred to in clause 125 of Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007 or any hazard warning signal complying with the requirements of the third edition ADR relating to the installation of lighting and light-signalling devices:

(i)  if the vehicle is not a bus—unless the vehicle is standing in a hazardous position or moving in hazardous conditions, or

(ii)  if the vehicle is a bus—unless the bus is standing in a hazardous position or moving in hazardous conditions or while the bus is stopped to allow a passenger to get on or off the bus.

Maximum penalty: 20 penalty units.

Note 1. Bus, emergency vehicle, motor vehicle, police officer, police vehicle, third edition ADR and trailer are defined in the Dictionary, and vehicle is defined in rule 15. Fog light, headlight and period of darkness are defined in rule 214–1, and Authority is defined in the Act.

Note 2. This rule is an additional NSW road rule. This rule applies in this jurisdiction instead of rules 215, 217, 221 and 222 of the Australian Road Rules.

219   Lights not to be used to dazzle other road users

A driver must not use, or allow to be used, any light fitted to or in the driver’s vehicle to dazzle, or in a way that is likely to dazzle, another road user.

Maximum penalty: 20 penalty units.

Note 1. Driver’s vehicle is defined in the Dictionary, and road user is defined in rule 14.

Note 2. Driver includes a person in control of a vehicle—see the definition of drive in the Dictionary.

220   Australian Road Rule not reproduced

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Note. Rule 220 (Using lights on vehicles that are stopped) of the Australian Road Rules has not been reproduced in these Rules. This rule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.

220–1   NSW rule: using lights on stationary vehicles

(cf RRR, cl 58)

(1)  A driver must not stand a motor vehicle or trailer on a road during a period of darkness unless the rear light and any clearance or side marker light required to be fitted to the vehicle by Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007 are lighted.

Maximum penalty: 20 penalty units.

Note. Motor vehicle and trailer are defined in the Dictionary and period of darkness is defined in rule 214–1.

(2)  Subrule (1) does not apply to:

(a)  a driver who stands the driver’s vehicle on a length of road with street light that renders a motor vehicle or trailer clearly visible, or

(b)  a rider of a motor bike to which a sidecar is not attached.

Note. Driver’s vehicle, length of road, motor bike, motor vehicle, sidecar and trailer are defined in the Dictionary.

(3)  A driver must not stand a motor vehicle on a road during a period of darkness with its headlight lighted while the vehicle is not actually engaged in dropping off, or picking up, passengers.

Maximum penalty: 20 penalty units.

Note. This rule is an additional NSW road rule. This rule applies in this jurisdiction instead of rule 220 of the Australian Road Rules.

221   Australian Road Rule not reproduced

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Note. Rule 221 (Using hazard warning lights) of the Australian Road Rules has not been reproduced in these Rules. This rule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.

221–1   NSW rule: using crimson flashing warning lights on certain local council vehicles

(cf RRR, cl 56)

(1)  Without limiting rule 218–1 (e), a driver must not use any crimson flashing warning light permitted to be fixed to a motor vehicle by clause 124 (4)–(9) of Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007 unless the vehicle is being used by an employee of a local council for the purposes of enforcing excess weight limits legislation.

Maximum penalty: 20 penalty units.

Note. Local council and motor vehicle are defined in the Dictionary.

(2)  In this rule:

excess weight limits legislation means any of the following:

(a)  Chapter 3 of the Road Transport (General) Act 2005,

(b)  the Road Transport (Mass, Loading and Access) Regulation 2005.

Note. This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.

221–2   NSW rule: using flashing warning lights on street vending vehicles

(cf RRR, cl 57)

(1)  The driver of a street vending vehicle must cause any prescribed flashing warning light that is fitted to the vehicle to be lighted while the vehicle is standing for the purpose of attending to customers.

Maximum penalty: 20 penalty units.

(2)  Except as provided by subrule (1), the driver of a street vending vehicle must not cause or permit any prescribed flashing warning light that is fitted to the vehicle to be lighted while the vehicle is on a road.

Maximum penalty: 20 penalty units.

(3)  In this rule:

prescribed flashing warning light means the light required to be fitted to street vending vehicles by clause 126 (Flashing lights on other vehicles—street vending vehicles) of Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007.

street vending vehicle has the same meaning as in the Road Transport (Vehicle Registration) Regulation 2007.

Note. This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.

222   Australian Road Rule not reproduced

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Note. Rule 222 (Using warning lights on buses carrying children) of the Australian Road Rules has not been reproduced in these Rules. This rule has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.

222–1   NSW rule: using four-way flashers on school buses

(cf RRR, cl 93 (1), (2), (6) and (7))

(1)  If a bus fitted with a four-way flasher is being driven for school purposes, the driver must operate the four-way flasher when the bus is stopped to allow passengers to get on or off the bus.

Maximum penalty: 20 penalty units.

Note 1. Bus is defined in the Dictionary.

(2)  For the purposes of this rule, a bus is driven for school purposes if the bus is being used:

(a)  solely or principally for the conveyance of children to or from school, and

(b)  on a journey wholly outside a transport district.

Note. Transport district is defined in the Dictionary.

(3)  This rule does not apply to the driver of a bus that is operated in accordance with rule 222–2.

Note. Rule 222–2 provides for the use by drivers of warning systems fitted to buses used to convey school children.

(4)  In this rule:

four-way flasher means:

(a)  a device referred to in clause 125 (1) of Schedule 2 to the Road Transport (Vehicle Registration) Regulation 2007, or

(b)  direction indicator lights that can be operated as referred to in clause 113 (4) of that Schedule, or

(c)  any hazard warning signal device complying with the requirements of the third edition ADR relating to the installation of lighting and light-signalling devices.

Note 1. Third edition ADR is defined in the Dictionary.

Note 2. This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.

222–2   NSW rule: using warning systems for buses carrying school children

(cf RRR, cl 94)

(1)  A driver must not drive a bus for school purposes unless a warning system is attached to the bus.

Maximum penalty: 20 penalty units.

(2)  The driver of a bus being used for school purposes must activate the flashing lights of a warning system when stopping the bus to drop off, or pick up, children.

Maximum penalty: 20 penalty units.

(3)  The driver of a bus must not activate the flashing lights of a warning system fitted to the bus when the bus is not being used for school purposes.

Maximum penalty: 20 penalty units.

(4)  For the purposes of this rule, a bus is driven or used for school purposes if:

(a)  it is being used to convey children (whether with or without adult passengers) to or from school:

(i)  between 7.00 am and 9.30 am on a weekday, or

(ii)  between 2.30 pm and 5.00 pm on a weekday, or

(b)  it is used solely for the purpose of conveying children to or from school.

(5)  This rule does not apply to the following drivers:

(a)  the driver of a bus:

(i)  that is operating on charter for a school excursion or being used for community service activities, and

(ii)  where no individual fares are being directly collected or school passes used,

(b)  the driver of a bus that is owned by a person that the Authority has exempted from compliance with clause 94 of the Road Transport (Safety and Traffic Management) Regulation 1999.

Note. Authority is defined in the Act.

(6)  In this rule:

warning system has the same meaning as in clause 94 of the Road Transport (Safety and Traffic Management) Regulation 1999.

Note 1. Clause 94 of the Road Transport (Safety and Traffic Management) Regulation 1999 requires the owner of a bus that is used for school purposes not to permit the bus to be driven unless a warning system is attached to the bus.

Note 2. This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.