Document ID: chunk:federal_register_of_legislation:F2016C00716:clause:4_165
Version: federal_register_of_legislation:F2016C00716
Segment Type: clause
Provision Reference: sch 4 cl 165
Character Range: 228155–229995

165  Stopping in an emergency etc or to comply with another rule
  It is a defence to the prosecution of a driver for an offence against a provision of this Part if:
 (a) the driver stops at a particular place, or in a particular way, to avoid a collision, and the driver stops for no longer than is necessary to avoid the collision; or
 (b) the driver stops at a particular place, or in a particular way, because the driver's vehicle is disabled, and the driver stops for no longer than is necessary for the vehicle to be moved safely to a place where the driver is permitted to park the vehicle under the Australian Road Rules; or
 (c) the driver stops at a particular place, or in a particular way, to deal with a medical or other emergency, or to assist a disabled vehicle, and the driver stops for no longer than is necessary in the circumstances; or
 (d) the driver stops at a particular place, or in a particular way, because the condition of the driver, a passenger, or the driver's vehicle makes it necessary for the driver to stop in the interests of safety, and the driver stops for no longer than is necessary in the circumstances; or
 (e) the driver stops at a particular place, or in a particular way, to comply with another provision of the Australian Road Rules or a provision of another law, and the driver stops for no longer than is necessary to comply with the other provision.
Example for paragraph (e)
If a driver stops at an intersection at a stop line, stop sign, or traffic lights, or to give way to a vehicle, in accordance with the Australian Road Rules, the driver does not contravene rule 170 (stopping in or near an intersection).
Note 1: See rule 125 (in Part 11) for the offence of unreasonably obstructing the path of another vehicle or a pedestrian.
Note 2: Driver's vehicle is defined in the dictionary.