Document ID: chunk:federal_register_of_legislation:F2016C00716:clause:4_139
Version: federal_register_of_legislation:F2016C00716
Segment Type: clause
Provision Reference: sch 4 cl 139
Character Range: 191885–193714

139  Exceptions for avoiding obstructions on a road
 (1) A driver on a two‑way road without a dividing line or median strip may drive to the right of the centre of the road to avoid an obstruction if:
 (a) the driver has a clear view of any approaching traffic; and
 (b) it is necessary and reasonable, in all the circumstances, for the driver to drive to the right of the centre of the road to avoid the obstruction; and
 (c) the driver can do so safely.
Note: Approaching, centre of the road, dividing line, median strip, obstruction, traffic and two‑way road are defined in the dictionary.
 (2) A driver on a road with a dividing line may drive to the right of the dividing line to avoid an obstruction if:
 (a) the driver has a clear view of any approaching traffic; and
 (b) it is necessary and reasonable, in all the circumstances, for the driver to drive to the right of the dividing line to avoid the obstruction; and
 (c) the driver can do so safely.
 (3) For subrule (2), if the dividing line is a single continuous dividing line to the left of a broken dividing line, a single continuous dividing line only or 2 parallel continuous dividing lines, the hazard in driving to the right of such a dividing line must be taken into account in deciding whether it is reasonable to drive to the right of the dividing line.
 (4) A driver may drive on a dividing strip, or on or over a single continuous line, or 2 parallel continuous lines, along a side of or surrounding a painted island, to avoid an obstruction if:
 (a) the driver has a clear view of any approaching traffic; and
 (b) it is necessary and reasonable to drive on the dividing strip or painted island to avoid the obstruction; and
 (c) the driver can do so safely.
Note: Dividing strip and painted island are defined in the dictionary.

Division 3—Overtaking