Document ID: chunk:federal_register_of_legislation:F2016C00716:clause:4_5:p3
Version: federal_register_of_legislation:F2016C00716
Segment Type: clause
Provision Reference: sch 4 cl 5 (pt 3/4)
Character Range: 35139–37657

a driver of a particular kind, or in a particular situation. This does not mean, however, that another rule will not apply to the driver in the same situation. An example is rule 95 (Emergency stopping lane only signs). A bicycle rider does not commit an offence under rule 95 by riding in an emergency stopping lane, because the rule expressly states that it does not apply to bicycle riders. However, the rider may still commit an offence by riding in the emergency stopping lane if a no bicycles sign applies to the lane (see rule 252 (No bicycles signs and markings)).
Use of present tense for some actions
  The rules may say that a driver 'is turning' at an intersection. The use of the present tense is intended to cover both the present and future aspects of the present tense. That is, it refers to a driver who is preparing to make the turn as well as a driver who is in the course of making the turn. The context will make this clear in the rule.
Obligation to give way
  There are a number of rules requiring a driver to give way to another driver or a pedestrian. However, under the Rules the other driver or pedestrian does not have a 'right' of way. Indeed, in some situations, a number of drivers may be required to give way to each other, eg at an intersection with a stop sign or give way sign on more than 1 of the intersecting roads. Similarly, although a driver may be required to give way to a pedestrian, the pedestrian is required under rule 236(1) not to cause a traffic hazard by moving into the driver's path.
Offences and penalties
  If a rule (or subrule) creates an offence, this is indicated by the words 'Offence provision.' set out below the rule (or subrule). A person who breaches the rule (or subrule) commits an offence.
  The penalty for an offence is set by other laws of each jurisdiction. Penalties can include a fine and, in some circumstances, disqualification from driving.
Other aids to using and understanding the Rules
  Part 20 of the Rules explains how traffic signs, traffic signals, road markings and other traffic control devices on roads must comply with the Rules to be legally effective. The Part also explains the way traffic control devices apply to lengths of road and areas, and also to drivers and other road users. Traffic signs and signals generally apply to a person if they face the person, but there are exceptions.
  Part 21 of the Rules contains a number of provisions to put certain legal issues beyond doubt. They enable the language and concepts in