Re: Re: When is a Tram'?
  Ronald Besdansky

Read this is if (like me) you're a "barrack room lawyer" or just like
reading legal stuff. Ultimately, it would appear that there are no
light rail systems in NSW - unless the IWLR is defined as such in an
obsure regulation which the NSW Legistlation search engine has missed.
In reality, there is only one actual, i.e. operating, system - the
other two are just construction works in or adjacent to public roads.
It was much simpler in the old days - the Motor Traffic Act did not
apply to vehicles used on railways and tramways. Presumably, one of
the railway acts called up the Railway Rule Book as subordinate
legislation. What the equivalent was for the tramways I don't know.

The NSW legislation re trams is extremely circuitous:

From the NSW Road Rules:(Current version for 8 September 2018 to date
(accessed 6 January 2019 at 14:48):

160 Passing or overtaking a tram that is not at or near the left
side of a road

(1) This rule applies to a driver driving on a road with tram tracks
that are not at or near the far left side of the road.

(2) The driver must not drive past, or overtake, a tram to the right
of the tram, unless the driver is permitted to do so by a traffic sign
or road marking.
Maximum penalty: 20 penalty units.
Note. Overtake is defined in the Dictionary.

(3) The driver must not drive past, or overtake, a tram if the tram
is turning left or is giving a left change of direction signal, unless
the driver is turning left and there is no danger of a collision with
the tram.
Maximum penalty: 20 penalty units.
Note. Left change of direction signal is defined in the Dictionary.

(4) In this rule:
tram includes a bus travelling along tram tracks.

From the definitions:
"tram includes a light rail vehicle.
"Note.
"Light rail vehicle is defined in the Act.

From Divsion 2 of the Road Rules:

"15 What is a vehicle
"A vehicle includes:
"(a) a motor vehicle, trailer and tram, and...."

Road Transport Act 2013 No 18:
"light rail vehicle means:
"(a) a vehicle used on a light rail system within the meaning of the
Transport Administration Act 1988, or
"(b) any other light rail system prescribed by the statutory rules."

Transport Administration Act 1988 No 109:
"104M Light rail services
"For the purposes of this Act, light rail services are railway
passenger services provided by light rail vehicles, including
passenger services declared by the regulations to be light rail
services (whether described by reference to the class of vehicles
providing the services or the rail or other system used to guide the
vehicles providing the services).
"104N Light rail system
"(1) For the purposes of this Act, a light rail system is a system
for the provision of light rail services along a route declared under
subsection (2), including tracks, catenaries, supports for tracks and
catenaries, stops, access to stops, signalling and other control
facilities, vehicles, vehicle depots and other facilities and
equipment associated with the provision of those services.
"(2) The regulations may declare a route along a road or through
other land to be the route of a light rail system.

On Sun, Jan 6, 2019 at 6:33 AM Prescott lenkaprescott@...> wrote:
>

> Ronald, a Tramway is either enclosed by a roadway or has a roadway on one side, but separated by marking, structures or other space. I would need to know the name of this enabling Act to check it, but I think that such a statement would only apply to the line west of Darling Drive. East of that it would be a Tramway.

>

> Tony P

>

> On Saturday, 5 January 2019 10:35:38 UTC+11, Ronald Besdansky wrote:

>>

>> The Act enabling what was then the Darling Harbour line stated that the line was NOT a TRAMWAY for the purposes of the Metropolitan Traffic Act, which had a clause stating that the Act "does not apply to vehicles used on railways or tramways".

>

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