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Contents (2014 - 758)
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Road Rules 2014
Current version for 28 October 2019 to date (accessed 20 November 2019 at 13:41)
Part 19
Part 19 Exemptions
305   Exemption for drivers of police vehicles
(1)  A provision of these Rules does not apply to the driver of a police vehicle if—
(a)  in the circumstances—
(i)  the driver is taking reasonable care, and
(ii)  it is reasonable that the provision should not apply, and
(b)  if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.
Note.
 Motor vehicle and police vehicle are defined in the Dictionary.
(2)  Subrule (1)(b) does not apply to the driver if, in the circumstances, it is reasonable—
(a)  not to display the light or sound the alarm, or
(b)  for the vehicle not to be fitted or equipped with a blue or red flashing light or an alarm.
306   Exemption for drivers of emergency vehicles
A provision of these Rules does not apply to the driver of an emergency vehicle if—
(a)  in the circumstances—
(i)  the driver is taking reasonable care, and
(ii)  it is reasonable that the rule should not apply, and
(b)  if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.
Note.
 Emergency vehicle and motor vehicle are defined in the Dictionary.
307   Stopping and parking exemption for police and emergency vehicles and authorised persons
(1)  A provision of Part 12 does not apply to the driver of a police vehicle or emergency vehicle if, in the circumstances—
(a)  the driver is taking reasonable care, and
(b)  it is reasonable that the provision should not apply.
Note 1.
 Emergency vehicle and police vehicle are defined in the Dictionary.
Note 2.
 Part 12 deals with restrictions on stopping and parking.
(2)  A provision of Part 12 does not apply to a driver who is an authorised person driving a vehicle in the course of his or her duty as an authorised person if, in the circumstances—
(a)  the driver is taking reasonable care, and
(b)  it is reasonable that the provision should not apply.
Note.
 Authorised person is defined in the Dictionary.
307–1   NSW rule: exemption for drivers conducting mobile speed camera operations
(1)  A provision mentioned in subrule (2) does not apply to the driver of a vehicle being used for the purpose of, or in connection with, the operation of a mobile speed camera (comprising one or more approved traffic enforcement devices approved for speed measurement and excess speed imaging within the meaning of the Act) for or on behalf of the Authority if, in the circumstances—
(a)  the driver is taking reasonable care, and
(b)  it is reasonable that the provision should not apply.
(2)  Subrule (1) applies to the following provisions—
  rule 137 (Keeping off a dividing strip)
  rule 197(1) (to the extent only that it relates to stopping on a dividing strip or nature strip)
  rule 289(1) (Driving on a nature strip).
Note 1.
 Approved traffic enforcement device is defined in the Act.
Note 2.
 Rules 125 and 198 prohibit a driver from unreasonably obstructing the path of other drivers or pedestrians or from stopping in a position that obstructs access to or from footpaths, bicycle paths, driveways or similar access ways.
Note 3.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
307–2   NSW rule: exemption for drivers of motor breakdown service vehicles or tow trucks
(1)  A provision mentioned in subrule (2) does not apply to the driver of a motor breakdown service vehicle or tow truck using an emergency stopping lane or a shoulder to the left side of a road if—
(a)  the driver is proceeding to the scene of a crash or to a vehicle that has broken down, and
(b)  the driver is driving on—
(i)  a freeway, or
(ii)  a length of road to which a speed limit sign of at least 80 kilometres per hour applies immediately before entering the lane or shoulder of the road, and
(c)  the motor breakdown service vehicle or tow truck being driven displays a yellow flashing signal by means of a light or lights mounted on the top of the vehicle, and
(d)  the motor breakdown service vehicle or tow truck is being driven in the lane or shoulder of the road at a speed not exceeding 30 kilometres per hour, and
(e)  the driver gives way to any emergency vehicle in the lane or shoulder of the road, and
(f)  the driver is driving in the same direction in the lane or shoulder of the road as the traffic immediately before entering the lane or shoulder of the road, and
(g)  the driver is taking reasonable care (particularly when driving near other vehicles, pedestrians or cyclists in the lane or shoulder of the road), and
(h)  it is safe to do so.
Note.
 Crash, emergency vehicle, motor breakdown service vehicle and tow truck are defined in the Dictionary, and emergency stopping lane is defined in rule 95.
(2)  Subrule (1) applies to the following provisions—
  rule 95 (Emergency stopping lane only signs)
  rule 143(1A)
  rule 146 (Driving within a single marked lane or line of traffic)
  rule 150 (Driving on or across a continuous white edge line).
Note.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
308   Exemption for police officers and emergency workers on foot
A provision in Part 14 does not apply to a police officer or emergency worker acting in the course of his or her duty if, in the circumstances—
(a)  the police officer or emergency worker is taking reasonable care, and
(b)  it is reasonable that the provision should not apply.
Note 1.
 Emergency worker and police officer are defined in the Dictionary.
Note 2.
 Part 14 provides rules for pedestrians.
309   Exemption for drivers of trams etc
(1)  The following provisions do not apply to the driver of a tram, the driver of a tram recovery vehicle engaged in accessing or recovering a disabled tram, or the driver of a public bus travelling along tram tracks—
  Part 4 (Making turns), Division 1 (Left turns at intersections)
  rule 88 (Left turn signs)
  rule 89 (Right turn signs)
  rule 90 (No turns signs)
  rule 91 (No left turn and no right turn signs)
  rule 92 (Traffic lane arrows)
  rule 99 (Keep left and keep right signs)
  rule 100 (No entry signs)
  Part 9 (Roundabouts)
  Part 11 (Keeping left, overtaking and other driving rules), Divisions 2 (Keeping to the left), 3 (Overtaking), and 7 (Passing trams and safety zones)
  Part 12 (Restrictions on stopping and parking).
Note.
 Public bus, tram, tram recovery vehicle and travelling along tram tracks are defined in the Dictionary.
(1–1)  Without limiting subrule (1), any provision of these Rules with which a driver of a tram could not reasonably comply (having regard to the fixed tram tracks on which a tram travels, the route taken by those tracks and other exigencies of that method of travel) is taken not to apply to the driver.
Note.
 This subrule is an additional NSW subrule. There is no corresponding subrule in rule 309 of the Australian Road Rules.
310   Exemption for road workers etc
(1)  A provision mentioned in subrule (2) does not apply to a person at the site of, and engaged in, roadworks if, in the circumstances—
(a)  it is not practicable for the person to comply with the provision, and
(b)  sufficient warning of the roadworks has been given to other road users.
Note.
 Roadworks is defined in subrule (4).
(2)  Subrule (1) applies to the following provisions—
  Part 4 (Making turns), Division 1 (Left turns) and Division 2 (Right turns)
  Part 7 (Giving way), except—
  rule 67 (Stopping and giving way at a stop sign or stop line at an intersection without traffic lights)
  rule 68 (Stopping and giving way at a stop sign or stop line at other places)
  rule 69 (Giving way at a give way sign or give way line at an intersection)
  rule 70 (Giving way at a give way sign at a bridge or length of narrow road)
  rule 71 (Giving way at a give way sign or give way line at other places)
  rule 79–1 (NSW rule: interfering or interrupting funeral cortege or authorised procession)
  rule 79–2 (NSW rule: precedence at ferries, punts, bridges or railway crossings)
  Part 8 (Traffic signs and road markings), except—
  rule 102 (Clearance and low clearance signs)
  rule 103 (Load limit signs)
  Part 11 (Keeping left, overtaking and other driving rules)
  Part 12 (Restrictions on stopping and parking)
  rule 224 (Using horns and similar warning devices)
  Part 14 (Rules for pedestrians), except rule 236(1) (which is about causing a traffic hazard by moving into the path of an approaching vehicle)
  rule 264 (Wearing of seatbelts by drivers)
  rule 265 (Wearing of seatbelts by passengers 16 years old, or older)
  rule 268 (How persons must travel in or on a motor vehicle)
  rule 288 (Driving on a path)
  rule 289 (Driving on a nature strip)
  rule 290 (Driving on a traffic island)
  rule 291–1 (NSW rule: engine of stationary vehicle to be switched off to prevent noise)
  rule 294–3 (NSW rule: towing restrictions generally)
  rule 296 (Driving a vehicle in reverse)
  rule 297(2) (which requires a driver to have a clear view of the surrounding road and traffic)
  rule 298 (Driving with a person in a trailer).
Note.
 This subrule is not uniform with the corresponding subrule in rule 310 of the Australian Road Rules. Different rules may apply in other Australian jurisdictions.
(3)  Rule 20 (Obeying the speed limit) does not apply to a driver—
(a)  driving a snow-clearing vehicle and engaged in snow-clearing, or
(b)  driving a motor vehicle and engaged in speed zoning tests authorised under another law of this jurisdiction.
(4)  In this rule—
roadworks means—
(a)  construction or maintenance of a road, or
(b)  road cleaning, or
(c)  installation or maintenance work authorised under another law of this jurisdiction on, above or below a road, or
(d)  installation or maintenance of a traffic control device, traffic-related item or traffic monitoring device, or
(e)  a traffic survey authorised under another law of this jurisdiction, or
(f)  a road surface survey test.
Note 1.
 Traffic control device and traffic-related item are defined in the Dictionary.
Note 2.
 A person may need to be authorised under another law of this jurisdiction to carry out roadworks or tests mentioned in this rule.
311   Exemption for oversize vehicles
(1)  A provision mentioned in subrule (2) does not apply to the driver of an oversize vehicle, or the driver of a vehicle escorting or piloting an oversize vehicle, if—
(a)  it is not practicable for the driver to comply with the provision, and
(b)  the driver is taking reasonable care, and
(c)  the driver is complying with any other relevant law of this jurisdiction relating to oversize vehicles, including the conditions of any permit or authority issued in relation to the oversize vehicle.
Note.
 Oversize vehicle is defined in the Dictionary.
(2)  For subrule (1), the provisions are as follows—
  Part 7 (Giving way), except—
  rule 67 (Stopping and giving way at a stop sign or stop line at an intersection without traffic lights)
  rule 68 (Stopping and giving way at a stop sign or stop line at other places)
  rule 69 (Giving way at a give way sign or give way line at an intersection)
  rule 70 (Giving way at a give way sign at a bridge or length of narrow road)
  rule 71 (Giving way at a give way sign or give way line at other places)
  rule 79–1 (NSW rule: interfering or interrupting funeral cortege or authorised procession)
  rule 79–2 (NSW rule: precedence at ferries, punts, bridges or railway crossings)
  Part 8 (Traffic signs and road markings), except—
  rule 102 (Clearance and low clearance signs)
  rule 103 (Load limit signs)
  rule 111(3) (which is about entering a roundabout from the right marked lane or line of traffic)
  rule 116 (Obeying traffic lane arrows when driving in or leaving a roundabout)
  Part 11 (Keeping left, overtaking and other driving rules), except rule 157–1 (NSW rule: T-way lanes)
  Part 12 (Restrictions on stopping and parking)
  rule 268 (How persons must travel in or on a motor vehicle)
  rule 288 (Driving on a path)
  rule 289 (Driving on a nature strip)
  rule 290 (Driving on a traffic island)
  rule 296 (Driving a vehicle in reverse)
  rule 297(2) (which requires a driver to have a clear view of the surrounding road and traffic).
Note.
 This subrule is not uniform with the corresponding subrule in rule 311 of the Australian Road Rules. Different rules may apply in other Australian jurisdictions.
312   Exemption for tow truck drivers
(1)  It is a defence to the prosecution of the driver of a tow truck for an offence against a provision mentioned in subrule (2) if, at the time of the offence—
(a)  the driver is engaged in loading, or connecting to, a vehicle to which this rule applies, and
(b)  the driver is unable to comply with the provision, and
(c)  the tow truck is displaying a flashing light, and
(d)  the driver is acting safely.
(2)  For subrule (1), the provisions are as follows—
  Part 4 (Making turns)
  Part 6 (Traffic lights, traffic arrows and twin red lights)
  Part 7 (Giving way), Division 1 (Places with stop signs, stop lines, give way signs or give way lines)
  Part 8 (Traffic signs and road markings)
  Part 9 (Roundabouts)
  Part 11 (Keeping left, overtaking and other driving rules)
  Part 12 (Restrictions on stopping and parking)
  rule 288 (Driving on a path)
  rule 289 (Driving on a nature strip)
  rule 290 (Driving on a traffic island).
(3)  This rule applies to the following vehicles—
(a)  a vehicle at the scene of a crash,
(b)  a disabled vehicle,
(c)  a vehicle unsafely or unlawfully parked that the driver is authorised to tow away under another law of this jurisdiction.
Note.
 Crash is defined in the Dictionary, and vehicle is defined in rule 15.
313   Exemption for postal vehicles
Rule 186 (Stopping in a mail zone) does not apply to the driver of a postal vehicle.
Note 1.
 Postal vehicle is defined in the Dictionary.
Note 2.
 Exemptions for postal vehicles that are motor bikes (with or without a trailer) are contained in rule 288 (Driving on a path) and rule 289 (Driving on a nature strip).
Note 3.
 This rule is not uniform with rule 313 of the Australian Road Rules. However, rule 313 of the Australian Road Rules allows another law of this jurisdiction to provide that the provisions referred to in this rule (among others) do not apply to the driver of a postal vehicle. Different rules may apply in other Australian jurisdictions.
313–1   NSW rule: exemptions for cash in transit vehicle drivers and escort vehicle drivers
(1)  A provision mentioned in column 1 of the table to subrule (3) does not apply to the driver of a cash in transit vehicle if—
(a)  the driver is engaged in picking up or delivering cash or other valuables for the holder of a master security licence who is providing the driver to carry on security activities involving the protection of cash in transit, and
(b)  the driver ensures that the conditions (if any) for that provision not to apply mentioned in column 2 of the table to subrule (3) are met, and
(c)  in the circumstances—
(i)  the driver can do so safely, and
(ii)  the driver is taking reasonable care, and
(iii)  it is reasonable that the provision should not apply.
(2)  A provision mentioned in column 1 of the table to subrule (3) does not apply to the driver of a cash in transit escort vehicle if—
(a)  the driver is accompanying a cash in transit vehicle that is engaged in picking up or delivering cash or other valuables for the holder of a master security licence who is providing the driver to carry on security activities involving the protection of cash in transit, and
(b)  the driver ensures that the conditions (if any) for that provision not to apply mentioned in column 2 of the table to subrule (3) are met, and
(c)  in the circumstances—
(i)  the driver can do so safely, and
(ii)  the driver is taking reasonable care, and
(iii)  it is reasonable that the provision should not apply.
(3)  For subrules (1) and (2), the provisions and conditions are as set out in the following table—
Column 1
Column 2
Provision
Conditions for provision not to apply
rule 167 (No stopping signs)
The driver stops the driver’s vehicle along a length of road to which a no stopping sign applies in circumstances where—
(a)  the sign has effect only during specified days or times, and
(b)  the driver stops at a place along the road that is not—
(i)  in a school zone, or
(ii)  on a pedestrian crossing (or within 20 metres before the crossing and 10 metres after the crossing), except at an intersection.
rule 168 (No parking signs)
 
rule 168–1 (NSW rule: restricted parking areas)
 
rule 179 (Stopping in a loading zone)
 
rule 179–1 (NSW rule: stopping in ticket-operated loading zone)
 
rule 180 (Stopping in a truck zone)
 
rule 181 (Stopping in a works zone)
 
rule 186 (Stopping in a mail zone)
 
rule 188 (Stopping in a shared zone)
The driver ensures that the driver’s vehicle has its hazard warning lights flashing while the vehicle is stopped.
rule 197 (Stopping on a path, dividing strip, nature strip, painted island or traffic island)
The driver ensures that the driver’s vehicle—
(a)  is not stopped on any of the following places—
(i)  a bicycle path,
(ii)  a dividing strip,
(iii)  a painted island (other than a painted island located on the side of a road),
(iv)  a footpath within 20 metres from the nearest point of an intersecting road at an intersection with traffic lights,
(v)  a footpath within 10 metres from the nearest point of an intersecting road at an intersection without traffic lights,
(vi)  a footpath within 20 metres before or 10 metres after a children’s crossing,
(vii)  a footpath within 20 metres before or 10 metres after a pedestrian crossing (except at an intersection),
(viii)  a footpath within 10 metres before or 3 metres after a marked foot crossing (except at an intersection), and
(b)  has its hazard warning lights flashing while the driver stops, and
(c)  does not impede the direct route of pedestrians.
rule 198 (Obstructing access to and from a footpath, driveway etc)
The driver—
(a)  stays in the driver’s vehicle while the vehicle is stopped, and
(b)  ensures that the driver’s vehicle has its hazard warning lights flashing while the vehicle is stopped, and
(c)  complies with any reasonable request to move the vehicle.
rule 199 (Stopping near a postbox)
 
rule 201 (Stopping on a road with bicycle parking sign)
 
rule 202 (Stopping on a road with motor bike parking sign)
 
rule 205 (Parking for longer than indicated)
 
rule 205A–1 (NSW rule: parking in special event parking areas)
 
rule 207 (Parking where fees are payable)
 
rule 207–1 (NSW rule: parking in metered parking areas)
 
rule 207–2 (NSW rule: parking in metered parking spaces)
 
rule 207–3 (NSW rule: parking in ticket parking areas)
 
rule 207–4 (NSW rule: parking in ticket parking spaces)
 
rule 207–5 (NSW rule: parking in coupon parking areas)
 
rule 207–6 (NSW rule: parking in coupon parking spaces)
 
rule 207–8 (NSW rule: parking in phone parking areas)
 
rule 207–9 (NSW rule: parking in phone parking spaces)
 
(4)  In this rule—
cash in transit escort vehicle means a vehicle (other than an armoured vehicle) to which the condition for a master security licence that is prescribed by clause 38(2) of the Security Industry Regulation 2007 applies.
cash in transit vehicle means an armoured vehicle to which the condition for a master security licence that is prescribed by clause 38(1) of the Security Industry Regulation 2007 applies.
master security licence means a master licence under the Security Industry Act 1997.
Note 1.
 Clause 38 of the Security Industry Regulation 2007 provides for conditions for a master security licence for security activities involving the protection of cash in transit. Those conditions require cash in transit vehicles and cash in transit escort vehicles used by the holder of the licence to have certain security features and display permanent company signage and markings.
Note 2.
 This rule is an additional NSW road rule. There is no corresponding rule in the Australian Road Rules.
313–2   NSW rule: exemption for lane filtering by riders of motor bikes
(1)  Rule 146 does not apply to the rider of a motor bike while the rider is lane filtering if—
(a)  the rider is the holder of an unrestricted motor bike rider’s licence, and
(b)  the motor bike is being ridden at a speed not exceeding 30 kilometres per hour, and
(c)  the length of road on which the motor bike is being ridden is not in a school zone, and
(d)  it is safe to do so.
Example of when lane filtering is not safe.
 A rider lane filtering between vehicles in a manner that does not seek to avoid collisions (including lane filtering between vehicles when there is insufficient clearance between those vehicles).
Note 1.
 Length of road, motor bike, overtake and traffic are defined in the Dictionary and unrestricted motor bike rider’s licence is defined in subrule (5).
Note 2.
 Lane filtering at a speed in excess of 30 kilometres per hour may be an offence under rule 151–1 (NSW rule: lane splitting by riders of motor bikes at speeds exceeding 30 kilometres per hour).
(3)  The rider of a motor bike is lane filtering if the motor bike is ridden between other vehicles that are being driven in 2 adjacent marked lanes in the same direction as the rider.
Note.
 Marked lane is defined in the Dictionary.
(4)  However, the rider of a motor bike is not lane filtering if the rider rides past a parked vehicle.
Note.
 Park is defined in the Dictionary.
(5)  In this rule—
unrestricted motor bike rider’s licence means an Australian driver licence (other than a provisional licence or learner licence) that authorises its holder to ride a motor bike.
Note 1.
 Australian driver licence, learner licence and provisional licence are defined in the Act and motor bike is defined in the Dictionary.
Note 2.
 This rule is an additional NSW rule. There is no corresponding rule in the Australian Road Rules.
313A   Exemption for garbage truck drivers etc
(1)  Rule 187(1) does not apply to the driver of a vehicle engaged in the collection of waste or garbage who stops in a bus lane if that driver is permitted to drive the vehicle in that lane under rule 158(2)(b).
Note.
 Rule 158(2)(b) provides that a driver of any vehicle may drive in a bus lane if information on or with a traffic sign applying to the lane indicates that the driver may drive in the lane.
(2)  Rule 213(3), (4) and (5) do not apply to the driver of a vehicle engaged in the collection of waste or garbage and related operations.
Note 1.
 Vehicle is defined in rule 15.
Note 2.
 This rule is not uniform with rule 313A of the Australian Road Rules. However, rule 313A of the Australian Road Rules allows another law of this jurisdiction to make provision for the exemption of garbage or waste disposal trucks from provisions of the Australian Road Rules. Different rules may apply in other Australian jurisdictions.
313B   Australian Road Rule not reproduced
*     *     *     *     *
Note.
 Rule 313B (Exemption for breakdown vehicles) 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.