|
|
此文章由 HolyHH 原创或转贴,不代表本站立场和观点,版权归 oursteps.com.au 和作者 HolyHH 所有!转贴必须注明作者、出处和本声明,并保持内容完整
碰巧我就是律师,虽然不做交通法,但是查了一下,
澳洲交通法归各州自己管理,新洲并没有此法律,这是联邦的法律,只有州“adopt”了才在州生效。
Claude:
Australian Road Rule 297(1) is the provision people usually cite. It says a driver must not drive without having "proper control" of the vehicle. The Australian Road Rules (ARRs) are model laws developed at the federal/national level by the National Transport Commission, but they have no direct legal force — they only apply when a state or territory adopts them into its own legislation.
In NSW, the road rules are adopted via the Road Rules 2014 (NSW), which is a regulation under the Road Transport Act 2013 (NSW). NSW does adopt
Rule 297 (proper control), so there is technically a provision in NSW law. The question is whether "proper control" requires hands physically on the steering wheel at all times.
The key point is:
Rule 297 requires proper control, not hands on the wheel. These are different concepts. If FSD is maintaining lane, speed, and steering, and the driver is attentive and able to intervene, there's a strong argument that the driver has "proper control" within the meaning of the rule. The provision doesn't prescribe a specific physical posture — it's a functional test.
The person is probably thinking of ARR 297 (proper control), which NSW does adopt. But "proper control" ≠ "hands on steering wheel." The rule doesn't mandate a specific hand position — it requires functional control of the vehicle. The fact that NSW Police aren't enforcing against FSD users (including the Transport Secretary) is consistent with a reading that supervised FSD use satisfies the proper control test. There's no separate NSW provision specifically requiring continuous physical contact with the steering wheel. |
|