New Victorian Alpine Resorts “wheel chain regulations” Introduced 18.11.2020

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FYI New Victorian Alpine Resorts “wheel chain regulations”
Introduced 18.11.2020


____________________________________________________________
Alpine Resorts (Management) Regulations 2020 (November 18 2020)
Statutory rule as made
STATUTORY RULE NUMBER 128/2020
https://content.legislation.vic.gov.au/sites/default/files/2020-11/20-128sra authorised.pdf

Extract from pages 24-28

Division 2—Wheel chains in alpine resorts

23 Definitions in this Division
There are three new definitions in this Division—

4 wheel drive vehicle includes an all-wheel drive vehicle;

snow tyre means a tyre whose tread pattern, tread compound and structure are specifically designed to achieve better performance, on a road affected by snow or ice, than that of a normal tyre with regard to its ability to initiate, maintain or stop vehicle motion;

wheel chains mean devices made up of chains in a diamond pattern that are designed to be fitted to wheels of a motor vehicle to increase the directional stability and traction of the wheels of that vehicle on a road affected by snow or ice.

24 Requirement to carry wheel chains during the snow season

(1) Subject to subregulation (2), the driver of a motor vehicle who enters an alpine resort must at all times during the snow season carry in the motor vehicle wheel chains suitable to be properly fitted to that motor vehicle.
Penalty: 20 penalty units.
(2) The Southern Alpine Resort Management Board may determine that subregulation (1) does not apply to the driver of a motor vehicle who is a day visitor on a specified day in an alpine resort for which the Board is responsible.
(3) A determination made under subregulation (2) may specify that the determination applies to—
(a) all motor vehicles, when entering or remaining in the alpine resort; or
(b) a class or classes of motor vehicles, when entering or remaining in the alpine resort.
(4) In making a determination under subregulation (2), the Southern Alpine Resort Management Board must take into account public safety considerations, including—
(a) the general conditions of the roads; and
(b) the extent of any snow or ice on the roads; and
(c) the latest available weather forecasts.
(5) The Board must ensure that signs or notices informing the public of a determination made under subregulation (2) and providing any details of the motor vehicles or classes of motor vehicles to which the determination relates, are displayed adjacent to roads within the alpine resort in such a place and manner that those signs and notices are reasonably likely to be seen by any person affected by the determination.

25 Requirement to fit wheel chains during the snow season
(1) The Board of an alpine resort may erect a sign or notice in an alpine resort during the snow season (a fit wheel chains sign), requiring the driver of a motor vehicle to ensure that wheel chains are properly fitted to that motor vehicle.

(2) The driver of a motor vehicle must not drive past a fit wheel chains sign unless—
(a) the motor vehicle is properly fitted with wheel chains; or
(b) the fit wheel chains sign exempts the class of motor vehicle the driver is driving from the requirement to fit wheel chains.
Penalty: 20 penalty units.

Example -
A fit wheel chains sign could exempt vehicles that have snow tyres fitted to all wheels.

(3) The Board of an alpine resort must ensure that a fit wheel chains sign—
(a) is displayed adjacent to roads within the alpine resort in such a place and manner that the sign is reasonably likely to be seen by any person affected; and
(b) provides details of the vehicles or classes of vehicles to which the sign relates.

(4) An offence against subregulation (2) is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.

26 Powers of authorised officers, authorised persons or police officers in relation to wheel chains
(1) An authorised officer, police officer or authorised person may, at any time during the snow season, for reasons of safety or for the management, protection or control of an alpine resort, direct the driver of a motor vehicle—
(a) to produce wheel chains suitable to be properly fitted to that motor vehicle; or
(b) to ensure that wheel chains are properly fitted to the drive wheels of that motor vehicle or, in the case of a 4 wheel drive vehicle, to either the front or rear wheels of that vehicle; or
(c) if the person fails to comply with subregulation (1)(a) or (1)(b), to leave the alpine resort.
(2) The driver of a motor vehicle must comply with a direction of an authorised officer, authorised person or police officer made under subregulation (1).
Penalty: 20 penalty units.
(3) Subregulations (1) and (2) do not apply to a driver of a motor vehicle who is acting in accordance with a determination made under regulation 24(2) or driving a vehicle specified in a fit wheel chains sign under regulation 25(2)(b).
__________________________________________________________

Alpine Resorts Regulatory Impact Statement of July 2020

https://www.forestsandreserves.vic.gov.au/land-management/alpine-resorts#toc__id_0_alpine

What has changed?

The proposed Regulations simplify and modernise the current Regulations.
The structure of the regulations has been altered to ensure consistency with the Act reflecting modern drafting practices.

The proposed Regulations incorporate a number of other changes.
These are:

Page 5

· Wheel chain provisions have been amended to align with forthcoming amendments to the Road Safety Road Rules 2017.
[1] These have been updated following consultation with VicRoads


[1] The Road Safety Rules are anticipated to be amended soon in relation to wheel chains. Once this amendment occurs, the use of wheel chains will be managed entirely under the Road Safety Rules, and the parts of the proposed Regulations that require the use of wheel chains will have no further practical effect.
Authorised officers of the Boards will still have the power to ask individuals in the resorts to leave if they fail to produce wheel chains or have them properly fitted.



Page 17-18

Road safety risks

Roads in alpine areas can become very dangerous in wet or icy weather conditions, significantly increasing the risk of vehicle accidents resulting in personal injury, death or damage to vehicles and other property.

The current regulations require that wheel chains (sometimes referred to as ‘snow chains’) must be carried by all vehicles entering the resorts during the snow season, except when Boards determine otherwise. At the direction of an authorised officer, wheel chains must be properly fitted to the drive wheels of vehicles, usually in poor weather conditions.
Similar requirements to carry wheel chains throughout the winter season and fit them where directed exist at alpine resorts in New South Wales (except for 4WD vehicles) and New Zealand. At northern hemisphere alpine resorts, such as in Canada and the USA, winter tyres are normally fitted to vehicles throughout winter in preference to fitting wheel chains.

An important general principle of safety management is that the on-site operator (in this case the Boards) should be responsible for assessing and minimising risks to public safety, rather than a regulator. In accordance with this principle, there is an expectation that the Boards exercise their waiver powers reasonably and responsibly and in strict accordance with internal policies and procedures. These responsibilities include real time assessments of the latest road and weather conditions as to whether wheel chains should be carried by all vehicles, or whether by only 2WD and not 4WD vehicles.

As there is no other legislation dealing with wheel chains in alpine resorts, there is a clear need for similar regulations to be remade in the interests of public safety and wellbeing. It is intended that forthcoming amendments to the Road Safety Rules by VicRoads will take over regulatory control on the use of wheel chains, however there may be a small window of time until those amendments commence. Hence, there is a short-term need to continue to ensure that the Regulations deal with the risk of damage to vehicles and people in vehicles if the vehicles cannot be sufficiently controlled in snow conditions.



Page 31

What has changed in the proposed Regulations?

· Wheel chain provisions have been amended to align with forthcoming amendments to the Road Safety Road Rules 2017.
[1] These have been updated following consultation with VicRoads


[1] The Road Safety Rules are anticipated to be amended soon in relation to wheel chains. Once this amendment occurs, the use of wheel chains will be managed entirely under the Road Safety Rules, and the parts of the proposed Regulations that require the use of wheel chains will have no further effect. Authorised officers of the Boards will still have the power to ask individuals in the resorts to leave if they fail to produce wheel chains or have them properly fitted.
 
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Jacko4650

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May 15, 2014
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An executive summary? I intend to drive into Vic snow areas occasionally. so I took an interest. I was lost when the "WHAT HAS CHANGED" section didn't say what had changed!!!!!:-

What has changed in the proposed Regulations?

· Wheel chain provisions have been amended to align with forthcoming amendments to the Road Safety Road Rules 2017.
[1] These have been updated following consultation with VicRoads
 

emkae

One of Us
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Nov 6, 1998
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Melbourne
Example - A fit wheel chains sign could exempt vehicles that have snow tyres fitted to all wheels.

“could” ?!?

It would make the case for getting snow tyres much more compelling if there was a clear statement on NOT having to use chains if your vehicle had snow tyres

If this was the case, I would get snow tyres
 
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