Monday, 9 November 2009

New Road Rules start today

A reminder that the Road Safety Road Rules 2009 and Road Safety (Drivers) Regulations 2009 commence operation today, 9 November 2009. The commencement details are found in Government Gazette S290, 26 Aug 2009.

When the Road Rules 1999 were introduced and the Road Safety (Traffic) Regulations 1988 repealed, the Supreme Court had the opportunity to rule not once but twice that charges alleging offences against the repealed laws were null and couldn't be amended: Flanagan v Remick (2001) 35 MVR 289; (2001) 127 A Crim R 534; Ciorra v Cole (2004) 42 MVR 547.

It will be just as important for the police to start using the new offence provisions from today. From today, any charges that claim to allege offending against the now-expired regulations will be null.

You might also remember Dr Manhattan's post about the other new regulations pending.

They too are also now out:

These regulations also commence operation today.

1 comment:

Jeremy Gans said...

Don't forget the last minute changes to some of those regs, in the Road Safety Road Rules Further Amendment Regulations 2009 and the Road Safety (Drivers) Amendment Regulations 2009, enacted just last week...

Also, there's an interesting contrast between the new Victorian road rules and the new NSW ones: the latter are subject to the Commonwealth Criminal Code and are strict liability offences, whereas Victoria's are subject to the common law and (presumably) are mostly absolute liability offences.