Motor Vehicle Drivers Instructors Amendment Regulations (No. 2) 2001 (WA)
27 April 2001 GOVERNMENT GAZETTE, WA 2203 TRANSPORT
TR301*
Motor Vehicle Drivers Instructors Act 1963
Motor Vehicle Drivers Instructors Amendment
Regulations (No. 2) 2001
Made by the deputy of the Governor in Executive Council.
1. Citation
These regulations may be cited as the Motor Vehicle Drivers
Instructors Amendment Regulations (No. 2) 2001.2. Commencement
These regulations come into operation on 7 May 2001.
3. The regulations amended
The amendments in these regulations are to the Motor Vehicle
Drivers Instructors Regulations 1964*.
[* Reprinted as at 2 July 1999.For amendments to 23 March 2001 see Gazette 17 May 2000 and 30 January 2001.]
4. Regulation 2 replaced
Regulation 2 is repealed and the following regulation is inserted instead —
“ 2. Interpretation
In these regulations, unless the contrary intention appears —
“axle” means the axis of rotation of any of the wheels on which a vehicle is or may be driven, regardless
of whether the wheel is power driven or freely
rotating and regardless of the number of wheels
rotating on that axis, and if 2 or more wheels have
substantially the same axis of rotation, or
intersecting axes of rotation, when the vehicle is
being driven in a straight line those wheels are tobe regarded as being on the same axle;
“GVM” (which stands for “gross vehicle mass”) means the maximum loaded mass of a vehicle —
(a) as specified by the manufacturer; or (b) as specified by the relevant authority if —
(i)
the manufacturer has not specified a maximum loaded mass;
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(ii) the manufacturer cannot be identified;
or(iii) the vehicle has been modified to the specification is no longer appropriate;
“motor carrier” has the meaning given by the First
Schedule to the Road Traffic Act 1974;
“motor cycle” has the meaning given by the First
Schedule to the Road Traffic Act 1974;
“motor vehicle” means a self-propelled vehicle that is
not operated on rails but does not include a power
assisted pedal cycle, and the expression does notinclude a trailer attached to the vehicle;
“relevant authority”, in relation to a vehicle,
means —
(a)
if the vehicle has never been licensed or registered but the vehicle is used or is intended to be used in this State — the Director General;
(b)
if the vehicle was last licensed in this State — the Director General; or
(c)
if the vehicle was last licensed or registered in another State or a Territory — the authority in that State or Territory whose functions most nearly correspond to those of the Director General;
“semi-trailer” means a trailer (including a pole-type
trailer) that has —
(a) one axle group or single axle to the rear; and (b)
a means of attachment to a motor vehicle built to tow the trailer that results in some of the load being imposed on the motor vehicle;
“trailer” means a vehicle that is built to be towed, or is
towed, by a motor vehicle, whether by attachment
to the motor vehicle directly or to another trailer
towed by the motor vehicle, but does not include amotor vehicle that is being towed.
”.
5. Regulation 12 amended
(1) Regulation 12(2) is amended by deleting from “issued are —” to
the end of the subregulation and inserting instead —
“ issued are the classes set out in Schedule 3. ”.(2) After regulation 12(2) the following subregulation is inserted — “
(3) When Schedule 3 describes a motor vehicle, other than
one of class MC, it means a motor vehicle of the kind
27 April 2001 GOVERNMENT GAZETTE, WA 2205 described whether or not it is attached to a trailer that
the motor vehicle may be used to tow according to
Schedule 7 of the Road Traffic (Drivers’ Licences)Regulations 1975.
”.
6. Regulation 12A inserted
After regulation 12 the following regulation is inserted —
“
12A. Scope of a licence or permit A person who holds a licence or permit in respect of a motor vehicle of a class specified in Schedule 4 column 1 is entitled to act as an instructor in respect of a motor vehicle of that class and any vehicle specified in column 2 opposite that class.
”.
7. Schedule 1 amended
(1) Schedule 1 is amended in Form 1 by deleting “5 types of driving
instructors’ licences are issued as follows —” and the Table
immediately following that, and inserting instead —“
7 types of driving instructors’ licences are issued as follows —
No. Classes of motor vehicle for driving tuition 1.
R A motor cycle or a motor carrier. 2.
C A motor vehicle, other than a motor cycle or motor
carrier, that has a GVM not exceeding 4.5 t and that is
equipped to seat not more than 12 adults including the
driver.3.
LR A motor vehicle, other than a motor cycle or motor
carrier, that —
(a)
has a GVM not exceeding 4.5 t and that is equipped to seat more than 12 adults including the driver; or
(b)
has a GVM exceeding 4.5 t but not exceeding 8 t.
4.
MR
A motor vehicle, other than a motor cycle or motor carrier, that has 2 axles and a GVM exceeding 8 t.
5. HR A motor vehicle, other than a motor cycle or motor
carrier, that has 3 or more axles and a GVM
exceeding 8 t.6. HC A motor vehicle that is attached to — (a) a semi-trailer; or
(b) a trailer that has a GVM exceeding 9 t.
7. MC Any other motor vehicle.
”.
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(2) Schedule 1 is amended in Form 1 by deleting “(Insert 1, 2, 3, 4
or 5 — see above)” and inserting instead —“ (Insert 1, 2, 3, 4, 5, 6 or 7 — see above) ”. 8. Schedule 3 and 4 inserted
After Schedule 2 the following Schedules are inserted —
“
Schedule 3 — Classes of vehicles
[r. 12(2)]
No. Class Motor vehicle description 1. R A motor cycle or a motor carrier. 2.
C
A motor vehicle, other than a motor cycle or motor carrier, that has a GVM not exceeding 4.5 t and that is equipped to seat not more than 12 adults including the driver.
3. LR A motor vehicle, other than a motor cycle or motor
carrier, that —
(a)
has a GVM not exceeding 4.5 t and that is equipped to seat more than 12 adults including the driver; or
(b)
has a GVM exceeding 4.5 t but not exceeding 8 t.
4.
MR
A motor vehicle, other than a motor cycle or motor carrier, that has 2 axles and a GVM exceeding 8 t.
5. HR A motor vehicle, other than a motor cycle or motor
carrier, that has 3 or more axles and a GVM
exceeding 8 t.6. HC A motor vehicle that is attached to — (a) a semi-trailer; or
(b) a trailer that has a GVM exceeding 9 t.
7. MC Any other motor vehicle.
Schedule 4 — Scope of a licence or permit
[r. 12A]
Column 1 Column 2 Class Other motor vehicles the licence or permit holder is
entitled to act as instructor in respect ofMC A motor vehicle of class HC, HR, MR or LR HC A motor vehicle of class HR, MR or LR HR A motor vehicle of class MR or LR MR A motor vehicle of class LR
”.
9. Transitional and saving
Schedules 1 and 2 have effect.
27 April 2001 GOVERNMENT GAZETTE, WA 2207 Schedule 1 — Transitional and saving
[r. 9]
1. Interpretation
In this Schedule —
“commencement day” means the day on which these regulationscome into operation;
“continuing licence or permit” means a licence or permit granted
before the commencement day that would have continued after
the beginning of that day had these regulations not come into
operation.
2. Transition of licences and permits
(1) A continuing licence or a permit that, immediately before the
commencement day, was granted in respect of a motor vehicle of a
class specified in Schedule 2 column 1 continues as if these
regulations had not come into operation, but as a licence or permit for
a motor vehicle of a class specified in column 2 opposite the class
specified in column 1.(2) If what is authorised by a continuing licence or permit is, as a result of
subclause (1), more restricted than it would have been if these
regulations had not come into operation, the licence or permit also
authorises anything that the licence authorised before the
commencement day, but that authorisation is limited to the
transitional period.(3) The transitional period for a licence or permit is the period during the
year commencing on the commencement day while the licence or
permit, or the licence as renewed, continues in force.3. Applications to vary continuing licences
(1) A person whose licence authorises something additional under
clause 2(2) may, at any time while the additional thing is authorised,
apply to the Director General for the licence to be varied as necessary
to authorise the additional thing without the limitation referred to in
clause 2(2).(2) An application under subclause (1) is to be —
(a) in a form approved by the Director General; and (b)
accompanied by such proof of the applicant’s driving and instruction experience as the Director General may require, verified by statutory declaration.
(3) On an application under subclause (1) the Director General is to grant
the variation if the Director General is satisfied that the applicant —
(a) has attained the age of twenty-one years; (b) is a person of good character; (c) is a fit and proper person to act as a driving instructor; (d)
is competent to teach persons to drive motor vehicles of the class in respect of which the application is made; and
(e)
is the holder of a current and valid licence under the Road Traffic Act 1974, to drive motor vehicles of the class in
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respect of which the application is made, whether in this State
or elsewhere, for a continuous period of not less than three
years or such other period as the Director General mayapprove in a particular case, before the application was made.
Schedule 2 — Table of motor vehicle classes
[r. 9]
Column 1 Column 2 Column 3 Item Former class Present class 1. Any motor car, or motor wagon having an aggregate mass of 4 500 kg or less C 2. Any motor vehicle (except a motor cycle or an articulated vehicle) HR 3. Any motor vehicle other than a motor cycle HC 4. Any motor cycle R 5. All classes of motor vehicles R and MC
By Command of the deputy of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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