Legislation UPDATE - Current to Fog Light Discussion

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Division 1 Lights on vehicles (except bicycles,
animals and animal-drawn vehicles)

214 Division does not apply to riders of bicycles, animals or
animal-drawn vehicles

This Division does not apply to the rider of a bicycle, animal or
animal-drawn vehicle.
Note 1 Bicycle is defined in the dictionary.
Note 2 The rules for using lights when riding a bicycle or an animal-drawn
vehicle at night, or in hazardous weather conditions, are:
• for riders of bicycles — rule 259
• for riders of animal-drawn vehicles — rule 223.

215 Using lights when driving at night or in hazardous
weather conditions
(1) A driver must not drive at night, or in hazardous weather
conditions causing reduced visibility unless:
(a) the headlights, tail lights and number plate light fitted to
the driver’s vehicle are operating effectively and are
clearly visible; and
(b) if the vehicle is fitted with clearance lights or side marker
lights — those lights are operating effectively and are
clearly visible.
Offence provision.
Note 1 Driver’s vehicle and night are defined in the dictionary.
Note 2 Drive includes be in control of — see the definition in the
dictionary.

Lights and warning devices Part 13

Lights on vehicles (except bicycles, animals and animal-drawn vehicles) Division 1
Rule 216
Australian Road Rules 243
(2) However, this rule does not apply to a driver if the driver’s
vehicle is stopped or parked at a place on a length of road, or in
an area, to which a parking control sign applies and the driver
is permitted to stop or park at that place under the Australian
Road Rules.
Note Length of road and parking control sign are defined in the
dictionary.
(3) Also, a driver driving during the day in fog, or other hazardous
weather conditions causing reduced visibility, may drive
without the headlights of the driver’s vehicle operating if the
vehicle is fitted with front fog lights and those lights are
operating effectively and are clearly visible. (TA Comment: quantify hazardous weather conditions)
(4) In subrule (1), a reference to a kind of light fitted to a vehicle is
a reference to a light of that kind required to be fitted to the
vehicle under another law of this jurisdiction.

216 Towing a vehicle at night or in hazardous weather
conditions
(1) A driver must not tow a vehicle at night, or in hazardous
weather conditions causing reduced visibility unless:
(a) if the towed vehicle is being towed from the front of the
vehicle:
(i) the tail lights of the vehicle are operating effectively
and are clearly visible; or
(ii) the vehicle has portable rear lights that are operating;
or
(b) if the towed vehicle is being towed from the rear of the
vehicle — the vehicle has portable rear lights that are
operating.
Offence provision.
Note Night is defined in the dictionary.
Part 13 Lights and warning devices

Division 1 Lights on vehicles (except bicycles, animals and animal-drawn vehicles)

Rule 217
244 Australian Road Rules
(2) However, this rule does not apply to the driver of a tow truck
if:
(a) the driver is towing a disabled vehicle carrying a placard
load of dangerous goods to a place that is safely off the
road; and
(b) a vehicle carrying a warning to other traffic is following
immediately behind the disabled vehicle.
(3) In this rule:
dangerous goods has the meaning given, for the Australian
Road Rules, under another law of this jurisdiction.
placard load has the meaning given, for the Australian Road
Rules, under another law of this jurisdiction.
portable rear lights means:
(a) for a vehicle being towed from the front of the vehicle —
a pair of lights attached to the rear of the vehicle that,
when operating, show a red light that is clearly visible for
at least 200 metres from the rear of the vehicle; and
(b) for a vehicle being towed from the rear of the vehicle — a
pair of lights attached to the front of the vehicle that, when
operating, show a red light that is clearly visible for at
least 200 metres from the front of the vehicle.
road does not include a road-related area, but includes any
shoulder of the road.
Note Road-related area is defined in rule 13, and shoulder is defined in
rule 12.

217 Using rear fog lights
(1) The driver of a vehicle fitted with a rear fog light must not
operate the fog light unless the driver is driving in fog or other
hazardous weather conditions causing reduced visibility.
Offence provision.
(2) In this rule:
rear fog light means a light fitted to a vehicle to make it more
easily visible from the rear in fog.

Lights and warning devices Part 13
Lights on vehicles (except bicycles, animals and animal-drawn vehicles) Division 1
Rule 218
Australian Road Rules 245
218 Using headlights on high-beam
(1) The driver of a vehicle must not use the vehicle’s headlights on
high-beam, or allow the vehicle’s headlights to be used on
high-beam, if the driver is driving:
(a) less than 200 metres behind a vehicle travelling in the
same direction as the driver; or
(b) less than 200 metres from an oncoming vehicle.
Offence provision.
Note High-beam and oncoming vehicle are defined in the dictionary.
(2) However, if the driver is overtaking a vehicle, the driver may
briefly switch the headlights from low-beam to high-beam
immediately before the driver begins to overtake the vehicle.
Note Low-beam and overtake are defined in the dictionary.

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225 Using radar detectors and similar devices
(1) A person must not drive a vehicle if the vehicle has in or on it a
device for preventing the effective use of a speed measuring
device, or a device for detecting the use of a speed measuring
device, unless the person is exempt from this rule under
another law of this jurisdiction.
Offence provision.
Note Drive includes be in control of — see the definition in the dictionary.
(2) Subrule (1) applies whether or not the device is operating or in
working order.
Note Under the law of this jurisdiction, radar detectors and similar devices
may be subject to confiscation.