Railways By-laws Amendment By-laws 1997 (WA)
| 2302 | GOVERNMENT GAZETTE, WA | (9 May 1997 |
| RAILWAYS RB301 |
f* Published in Gazette 14 May 1940, p. 789 For amendments to 26 February 1997 see 1995 Index to Legislation of Western Australia, Table 4, pp. 116-121.1 GOVERNMENT RAILWAYS ACT 1904
GOVERNMENT RAILWAYS AMENDMENT BY-LAWS 1997
Made by The Western Australian Government Railways Commission and approved by His Excellency the Governor in Executive Council.
Citation
1. These by-laws may be cited as the Railways By-laws Amendment By-
laws 1997.
Principal by-laws
2. In these by-laws the Railways By-laws* are referred to as the principal
by-laws.
9 May 19971 GOVERNMENT GAZETTE, WA 2303 By-law 13 amended
3. By-law 13 of the principal by-laws is amended by deleting "an authorised
employee of the Commissioner" and substituting the following -
" a person authorized by the Commission ".
By-law 17A amended
4. By-law 17A of the principal by-laws is amended by deleting "the Commissioner or his duly authorised officers, " and substituting the following -
" a person authorized by the Commission, ".
By-law 18 amended5. By-law 18 of the principal by-laws is amended by deleting "the Guard or
other officer of the railway" and substituting the following -
a person authorized by the Commission ".
By-law 19 amended
6. By-law 19 of the principal by-laws is amended by deleting "any officer of
the Commissioner," and substituting the following -
" a person authorized by the Commission, ".
By-law 20 amended
7. By-law 20 of the principal by-laws is amended by deleting "railway
employee on duty," and substituting the following -
" person authorized by the Commission, ".
By-law 21 amendedS. By-law 21 of the principal by-laws is amended by deleting "railway employee on duty," and substituting the following -
" person authorized by the Commission, ".
By-law 22 amended 9. By-law 22 of the principal by-laws is amended by deleting "railway
employee on duty," and substituting the following -
is person authorized by the Commission, ". By-law 27 amended
10. By-law 27 (1) of the principal by-laws is amended -
(a)
by deleting "railway employee" and substituting the following - " person authorized by the Commission ";
(b) by deleting "that employee" and substituting the following - that person "; and
(c)
by deleting "the employee" and substituting the following - " the person ".
| 2304 | GOVERNMENT GAZETTE, WA | [9 May 1997 |
By-law 36 amended
11. By-law 36 of the principal by-laws is amended by deleting "railway
employee" and substituting the following - " person authorized by the Commission ".
By-law 37 amended
12. By-law 37 of the principal by-laws is amended by deleting "an
authorised employee of the Commissioner," and substituting the following -
a person authorized by the Commission,
By-law 38 amended
13. By-law 38 of the principal by-laws is amended by deleting "any
employee of the Commissioner." and substituting the following -
" a person authorized by the Commission. ".
By-law 42 amended
14. By-law 42 of the principal by-laws is amended by deleting "any
authorised employee of the Commissioner." and substituting the following -
a person authorized by the Commission. ".
By-laws 80 and 80A repealed and a by-law substituted
15. By-laws 80 and 80A of the principal by-laws are repealed and the
following by-law is substituted -
By-law No. 80 - Government Railways Parking Station By-law
Interpretation
1. (1) In this by-law, unless the context otherwise requires -
"ACROD permit" means a current parking permit issued by ACROD Limited (Western Australian Division) a corporation, being a company limited by guarantee incorporated under the Companies Ordinance 1962 of the
Australian Capital Territory;
"authorized person" means a person appointed by the Commission under sub-bylaw 19;
"commercial vehicle" means a vehicle which comes within the description of a motor wagon as set out in the Second Schedule to the Road Traffic Act 1974;
"driver" means any person driving or in control of a vehicle;
"owner" in relation to a vehicle, means the person who is the
holder of the requisite vehicle licence under the Roadis not licensed under that Act, the person who owns the Traffic Act 1974 in respect of the vehicle, or, if the vehicle
vehicle or is entitled to the possession of the vehicle;
"park" means to permit a vehicle whether attended or not, to remain stationary, except or the purpose of avoiding conflict with other traffic, of complying with provisions of any law or of immediately taking up or setting down persons or goods and "parking" has a correlative meaning;
9 May 19971 GOVERNMENT GAZETTE, WA 2305 "parking space" means a section or part of a parking station, which is marked or defined by painted lines or by metallic studs or by similar devices for the purpose of indicating where a vehicle may stand or be parked whether on payment of a fee or charge or otherwise;
"parking station" means any land, building or other structure provided on a railway for the purpose of accommodating vehicles with or without charge -
(a) containing a parking space or parking spaces; and (b) land, building or other structure as being - designated by a sign erected at the entrance to the
(1) a Westrail Car Park; or (ii) a Transperth Park and Ride;
"secured parking station" means a parking station which is fenced and to which entry can only be gained through a locked gate or boomgate;
"stand", in relation to a vehicle, means to stop the vehicle and permit it to remain stationary, except for the purpose of avoiding conflict with other tra?fic or of complying with the provisions of any law and "standing" has a correlative meaning.
designation is a reference to the Form so designated set out in Schedule (2) A reference in these regulations to a Form followed by a 2. Application
2. (1) This by-law applies to the parking of vehicles in a parking
station.(2) Any sign that -
(a) was erected by the Commission prior to the coming into operation of this by-law; and
(b) relates to the parking or standing of vehicles within a parking station,
is deemed, for the purposes of this by-law, to have been erected by the Commission under the authority of this by-law.
Constitution of parking stations
3. The Commission may constitute, determine and vary, and also
indicate by signs, from time to time -
(a) parking stations; (b) parking spaces; (c) and parking stations depending on and varying with permitted times and conditions of parking in parking spaces
locality;
(d) permitted classes of vehicles to park in parking spaces and parking stations; and (e) the manner of parking in parking spaces and parking stations.
| 2306 | GOVERNMENT GAZETTE, WA | [9 May 1997 |
Parking in specified areas
4. (1) A person shall not stand a vehicle in a parking space -
(a) if that parking space is by any sign thereon or adjacent or referable thereto, set apart for the standing of vehicles of a
different class;(b) if by such a sign the standing of vehicles in that parking space is prohibited or restricted during any period or periods, during such a period or periods; or (c) if by such a sign the standing of vehicles in that parking space is permitted for a specified time, for longer than that time. (2) A person shall not stand a vehicle -
(a) in a no standing area; (b) in a parking station, except in a manner indicated by the inscription on the sign or signs associated with the parking station and where the parking station includes parking spaces, except as in this by-law provided, with reference to the parking spaces;
(c) in a parking station contrary to any limitation in respect of time, days, periods of the day, classes of persons or classes of vehicles indicated by the inscription on the sign or signs
associated with the parking station; or(d) in a defined area marked "M/C", unless it is a motor bicycle without a side-car, or bicycle.
bicycle in a parking space unless the traffic sign "MC" is marked on (3) A person shall not stand a motor bicycle without a side-car or a that space.
Parking within parking space
5. Unless otherwise directed by an authorized person, a person shall
not park a vehicle in a parking station otherwise than wholly within a
parking space.
Obstruction 6. A person shall not stand a vehicle so as to obstruct an entrance to,
an exit from, or a roadway within, a parking station or beyond the
limits of any defined row within a parking station.
No standing area
7. A person shall not stand a vehicle except with the permission of the Commission or an authorized person on any part of a parking station, whether or not the part be marked as a parking space if a sign is exhibited prohibiting the standing of vehicles thereon.
Direction not to park in area
S. A person shall not permit a vehicle to stand on any part of a parking station, whether or not that part is marked as a parking space, if an authorized person directs the driver of the vehicle to move the vehicle.
9 May 19971 GOVERNMENT GAZETTE, WA 2307 One vehicle only in parking space
9. A person shall not stand or attempt to stand a vehicle in a parking space in which another vehicle is standing, but this sub-bylaw does not prevent the parking of a motor bicycle and a bicycle together in a space marked "M/C" if the bicycle or motor bicycle is parked in accordance with sub-bylaw 4 (3).
Loading zone
10. (1) A person shall not permit a vehicle to stand in a parking
space which is at the time set aside for use by commercial vehicles
unless -
(a) the vehicle is a commercial vehicle; and (b) a person is actively engaged in loading or unloading goods to or from the vehicle,
and in any case, for more than a period of 30 minutes.
articles, weighing at least 14 kilograms of which the content is at least (2) In this sub-bylaw "goods" means an article, or collection of 0.2 cubic metre.
there is a sign thereon or adjacent thereto marked "Loading Zone". (3) A parking space is set aside for use by commercial vehicles if Identification of parking spaces and vehicles
11. (1) A parking space set aside for the parking of vehicles of
disabled persons shall be identified by -
the words "Disabled Parking Only" clearly written on the
(a) ground within the limits of the parking space; and
(b) an elevated sign, so located as to identify the parking space to which it relates on which there appears the symbol described in Australian Standard 1428 as the international
symbol for access for the disabled.
displaying a current ACROD permit in a prominent position in such a (2) The vehicle of a disabled person shall be identified by manner as to be clearly visible from the front of the vehicle.
Disabled parking 12. A person shall not stand or park a vehicle, other than the vehicle
of a disabled person in any parking space which has been set aside for
the parking of vehicles of disabled persons.
Offence
13. A person other than a disabled person shall not identify or purport to identify a vehicle in accordance with sub-bylaw 11 (2).
Parking after expiry of time for fee
14. A person shall not permit a vehicle to remain parked in a secured
parking station during a period for which a fee is prescribed after the
expiration of the period for which the prescribed fee has been paid.
Payment of fee
15. A person shall not remove a vehicle which has been parked in a
secured parking station until there has been paid the fee appropriate to
the period for which the vehicle has been parked.
| 2308 | GOVERNMENT GAZETTE, WA | [9 May 1997 |
Receipt
16. A person paying a fee at a secured parking station shall be
entitled to receive a receipt showing the period of parking covered by
the payment.
Production of receipt
17. A driver of a vehicle in a secured parking station shall, on
demand, produce to an authorized person a receipt showing that the
appropriate parking fee has been paid in respect of that vehicle.
Removal of vehicles 18. (1) Where -
(a) a vehicle is left in a part of the parking station in such a manner as to obstruct the proper use of the parking station;
or
(b) a vehicle is left in a secured parking station for a period in excess of 24 hours without payment of the charge
prescribed in item 1 of Schedule 1,
an officer or servant of the Commission may remove the vehicle to a
place appointed by the Commission.
removed under this sub-bylaw including - (2) The Commission is to cause a record to be kept of each vehicle
(a) a description of the vehicle; (b) details of the date and time of removal; and (c) details of the place from which the vehicle was removed. (3) Where a vehicle has been removed under this sub-bylaw -
(a) the vehicle may be recovered on payment of the charges prescribed in item 2 of Schedule 1; and
(b) the Commission may hold the vehicle until the charges prescribed in item 2 of Schedule 1 have been paid.
Appointment of authorized persons 19. a parking station. (1) The Commission may appoint persons to control parking in The Commission shall issue to every authorized person a
certificate of his or her appointment in a form from time to time
determined by the Commission.
(2)
An authorized person shall produce his or her certificate of performing a duty under this by-law.
appointment whenever requested to do so when exercising a power or (3) Personation of authorized person
20. A person who is not an authorized person shall not in any way
assume the duties of or personate an authorized person.
Obstruction of authorized person
21. A person shall not any way obstruct or hinder an authorized person in the execution of his or her duty.
9 May 19973 GOVERNMENT GAZETTE, WA 2309 Powers of authorized person
22. Authorized persons are authorized -
(a) to carry into effect the provisions of this by-law; (b) and functioning of this by-law; and to report to the Commission on the working, effectiveness
(c) to recommend to the Commission the institution of prosecutions.
Owner to reveal identity of driver
23. (1) The owner of a vehicle shall, if required by an authorized person, inform the authorized person of the name and address of the driver of the vehicle at the time when an offence is alleged to have been bylaw and in sub-bylaw 28 referred to as "the relevant time"). committed against this by-law by the driver of the vehicle (in this sub-
(2) If the owner of the vehicle does not -
inform the authorized person of the name and address of
(a) the driver of the vehicle at the relevant time; or satisfy the authorized person that at the relevant time the
(b) vehicle had been stolen or was being unlawfully used,
the owner is, in the absence of proof to the contrary, deemed to be the
driver of the vehicle.
Erection of signs
24. A person shall not, without the authority of the Commission -
mark, set up or exhibit any sign purporting to be or
(a) resembling a sign marked, set up or exhibited by the Commission under the authority of this by-law; or
(b) affix any board, sign, placard, notice or other thing to, or paint or write upon, any part of a parking station.
Damage to parking station and removal of tickets
25. (1) A person shall not remove, damage, deface or misuse any parking station or any part thereof.
(2) No person other than the driver of the vehicle shall remove any
notice attached to a vehicle by an authorized person.
Offences and penalties
26. (1) Subject to this sub-bylaw, a person who contravenes or fails to comply with a provision of this by-
law commits an offence and is
liable on conviction to a penalty not exceeding $200.
committed an offence against - (2) A person who does not contest an allegation that he or she
(a) this by-law other than sub-bylaw 12, may pay to the Commission a modified penalty of $50.00; and
(b) sub-bylaw 12, may pay to the Commission a modified penalty of $100.00.
cannot be adequately punished by the payment of the modified penalty (3) Where the Commission is of the opinion that an alleged offence
it may refuse to accept payment of the modified penalty and may take proceedings against the alleged offender in any court of competent jurisdiction.
| 2310 | GOVERNMENT GAZETTE, WA | [9 May 1997 |
this by-law does not pay the modified penalty in relation to the offence (4) Where an alleged offender on being served with a notice under
referred to in the notice within the time prescribed by this by-law the Commission may take proceedings against the alleged offender in a court of competent jurisdiction.
Infringement notices
27. (1) An authorized person may leave in or on a vehicle, the
driver of which is alleged to have committed an offence, a notice in the
form of Form 1.
alleged offence specified in the notice who does not wish to contest the (2) The driver of the vehicle at the time of the commission of the
allegation that he has committed the offence specified in the notice
shall -
(a) complete the notice by filling in the particulars required by notice to be given by the driver and sign the notice; and
(b) forward the notice together with the amount of the modified penalty to the Commission within 28 days from the date of
the notice.
Commission of due payment of the modified penalty is a defence to a (3) Production by a person of an acknowledgment by the charge of the offenbe in respect of which the modified penalty was paid.
Owner deemed to be driver
28. Where an offence against this by-law is alleged to have been committed by the driver of a vehicle and the modified penalty payable with respect to the offence has not been paid within the time specified in the notice served under sub-bylaw 27 the Commission may cause a notice in the form of Form 2 addressed to the owner of the vehicle at the relevant time to be served on the owner or left in or on the vehicle by an authorized person and unless within 14 days of the date on which Ye notice was so served or left -
(a) in writing, as to the identity and address of the offender or the owner informs the Commission or an authorized person, furnishes information to the Commission or an authorized person that the vehicle had been stolen, or was being unlawfully used, at the time the offence is alleged to have been committed; or
(b) the modified penalty is paid to the Commission,
the owner is deemed to be the person who committed the offence and is liable to pay the penalty prescribed for the offence.
Record of infringement notices to be kept
29. The Commission shall cause adequate records to be kept of all
infringement notices served and modified penalties received in respect
of offences against this by-law.
Recovery of penalty
30. A penalty for an offence against this by-law (not being a modified against the alleged offender in a court of competent jurisdiction. penalty) may be recovered by the Commission by taking proceedings Service of notices 31. Except as provided in this by-law any notice relating to an offence against this by-law may be served y posting it by pre-paid post addressed to the alleged offender at his or her usual or last known address, or, if the alleged offender is in business, at his or her usual or last known business address.
9 May 19971 GOVERNMENT GAZETTE, WA 2311
SCHEDULE 1
Parking Charges
The charges to be paid for parking a vehicle in a secured
parking station at any time between the hours of 5.15 a.m. and 12.30
a.m. Monday to Friday are as follows -
1.
For any period not exceeding 4 hours from the time
indicated on the ticket .............. .90 cents For any period exceeding 4 hours from the time
indicated on the ticket up to 12.30 a.m. on the day
following the day of issue of the ticket .......$1.00The charges to be paid for the recovery of a vehicle removed under sub-bylaw 18 are -
2.
For removing a vehicle to an
appointed place ................$60.00 plus $2.60 per kilometre For custody of a vehicle .............$10.00 per day or part thereof. SCHEDULE 2
Form 1
[Sub-bylaw 27 (1)]
Government Railways Parking Station By-law 80
INFRINGEMENT NOTICE
To ..............................Serial No.............. ..........Date
You are hereby notified that it is alleged that on.................. the. ........... .......... day of............................
(year) at about ............... you did.................
in contravention of the provisions of sub-bylaw ......of Government
Railways Parking Station By-law No. 80.
The modified penalty prescribed for this offence is $
If you do not wish to have a complaint of the above offence heard and determined by a court you may pay the modified penalty within 28 days after the date of the service of this notice.
Unless payment is made within 28 days of the date of the service of this notice court proceedings may be instituted against you.
Payment may be made either -
(a) by posting this form together with a cheque, money order or Australian Government Railways Commission, G.P.O. Box
postal note for the amount of $ . . . , to the Western
S1422, Perth 6845; or
| 2312 | GOVERNMENT GAZETTE, WA | [9 May 1997 |
(b) by delivering this form and paying the amount of $... at any Railway Booking Office at such times as that office is open for regular business. Signature of authorized person ...............
Designation ...............
Authority No...............
Name...................................................
Address..................................................
Post Code.........
[ If your name and address do not appear in this notice please complete the above details to enable a receipt to be forwarded.] Form 2
[Sub-bylaw 281
Government Railways Parking Station By-law 80
NOTICE REQUIRING OWNER OF VEHICLE TO IDENTIFY DRIVER
To..............................Serial No..............
(not to be completed
where notice is attached
................Date.................
to or left in or on vehicle)
the owner of vehicle make ........................Type........
Plate No...............
You are hereby notified that it is alleged that on................
the...............day of. .............. at about............
the driver of the vehicle specified above did......................
in contravention of the provisions of sub-bylaw ......of Government Railways Parking Station By-law No. 80.
The modified penalty prescribed for this offence is $ .
Unless within 14 days after the date of the service of this notice: -
(a) you-
(i) inform the Commission or......................
(designation(s) of authorized person(s)) of the identity and address of the person who was the
driver of the above vehicle at the time of the above
offence; or(ii) satisfy the Commission that the above vehicle had
been stolen or was being unlawfully used at the time
of the offence is alleged to have been committed; or
(b) the modified penalty is paid,
you will be deemed to have committed the above offence and court
proceedings may be instituted against you.
9 May 1997] GOVERNMENT GAZETTE, WA 2313 Payment may be made either —
(a) by posting this form together with a cheque, money order or postal note for the amount of $ . . . , to the Western Australian Government Railways Commission, G.P.O. Box
S1422, Perth 6845; or(b) by delivering this form and paying the amount of $ . . at any Railway Booking Office at such times as that office is
open for regular business.
Signature of authorized person
DesignationAuthority No.
TO: The Western Australian Government Railways Commission
The identity and address of the driver or person in charge of the above vehicle at the time of the above offence is as follows —
Name
Address
Signed
(Owner of vehicle)
(Date)
By-law 81 amended
16. By-law 81 of the principal by-laws is amended by deleting the heading
to the by-law and substituting the following heading —
" Regulation of Traffic at Approaches to Railway Stations ".
By-law 93 amended
17. By-law 93 (1) (b) of the principal by-laws is amended —
(a) in subparagraph (i) —
by deleting "railway employee," and substituting the (i) following —
person authorized by the Commission, "; and
by deleting "railway employee's" and substituting the " person's "; and (ii) following —
employee and
(b) in subparagraph (iv) by deleting "railway substituting the following — " person authorized by the Commission;
The Common Seal of The Western Australian Government Railways Commission was here-
unto affixed in the presence of—
ROSS DRABBLE, Commissioner.
H. G. D. CLARKE, Secretary
Approved by His Excellency the Governor in Executive Council.
J. PRITCHARD, Clerk of the Executive Council.
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