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Legislative Assembly for the ACT: 2000 Week 4 Hansard (30 March) . . Page.. 1109 ..
MR HARGREAVES (continuing):
That Subordinate Law 2000 No 10 made under the Road Transport (Safety and Traffic Management) Act 1999 relating to the Road Transport (Safety and Traffic Management) Regulations 2000 be amended, pursuant to section 6 of the Subordinate Laws Act 1989, as follows:
Proposed new regulation 16A
Page 7, line 24 -
After regulation 16, insert the following new regulation:16A AAR r 213 - non-application in ACT
Every driver is exempt from rule 213 of the Australian Road Rules.Note
Rule 213 of the Australian Road Rules deals with making a vehicle secure.The Australian Road Rules became effective in the ACT on 1 March 2000. The ACT is one of the last States or Territories to implement the rule changes. No doubt, there have been lively discussions in pubs and workplaces over the last two weeks on when to indicate in a roundabout, when to keep left and whether you have to lock up your car at a petrol station. I tend to think that, regardless of the rules, people will have their own interpretation of that. Needless to say, for the first few weeks the motorists, cyclists and pedestrians of Canberra will experience teething problems with the new rules. It will take some time for people to break the old habits and try the new.
The Labor Party supported the road legislation in principle last year and is fully supportive of the concept of uniform road rules. However, we are not supportive of rule 213, which relates to the securing of a motor vehicle. Originally, rule 213 said that the driver of a motor vehicle must switch off the engine and apply the park brake. If there is no-one in the vehicle, the driver must remove the ignition key and lock the doors. That rule meant that a parent with young children in the car would have had to take the children out of the car when paying for petrol. Most families would be reluctant to do so because what is often a quick trip to pay something would turn into a major undertaking. However, I received a letter from the Minister for Urban Services late in the afternoon of 28 March, only two days ago, saying that his department was willing to alter the rule and the new rule would be changed to say:
Switch off the engine. Apply the park brake. If nobody 16 years or older is in the vehicle, remove the ignition key. If nobody at all is in the vehicle, then the vehicle can be locked, removing the ignition key and locking the doors.
The Minister has drafted changes on the run. That is reflected in the wording of the changes. The words "If nobody 16 years or older is in the vehicle, remove the ignition key" are ambiguous and complicated to interpret. The rule would be easier to understand if it read, "If all the persons in the vehicle are younger than 16 years, remove the ignition key". That wording is easier to understand and I think that it would achieve
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