Road Traffic Amendment Act 2001 (WA)

Western Australia

Road Traffic Amendment Act 2001

Western Australia

Road Traffic Amendment Act 2001

CONTENTS

1.	Short title	1
2.	Commencement	2
3.	The Act amended	2
4.	Sections 103A and 103B inserted	2

103A.	Power to include areas in the scope of
specified regulations 2
103B.	Power to grant exemptions from specified
regulations 2

5.	Section 111 amended	4
6.	Section 111A inserted	5

111A. Adoption of other laws, codes etc. 5

Western Australia

Road Traffic Amendment Act 2001

No. 27 of 2001

An Act to amend the Road Traffic Act 1974.

[Assented to 21 December 2001]

The Parliament of Western Australia enacts as follows:

1.             Short title

This Act may be cited as the Road Traffic Amendment Act 2001.

Road Traffic Amendment Act 2001

s. 2

2.             Commencement

This Act comes into operation on a day fixed by proclamation.

3.             The Act amended

The amendments in this Act are to the Road Traffic Act 1974*.

[* Reprinted as at 17 September 1999.

For subsequent amendments see 2000 Index to

Legislation of Western Australia, Table 1, p. 393,

and Act Nos. 39 and 51 of 2000.]

4.             Sections 103A and 103B inserted

After section 103 the following sections are inserted in

Part VI —

“

103A.

Power to include areas in the scope of specified

regulations

(1)

The Minister may declare that a regulation specified in

the declaration applies to a specified area of the State

that is open to or used by the public.

(2)

A declaration has effect for the period specified in it

unless it is sooner revoked.

103B.

Power to grant exemptions from specified

regulations

(1)

The regulations may provide for the Minister to

declare, in writing in accordance with the regulations,

that a specified requirement of the regulations does not

apply to a specified person or vehicle.

(2)

The regulations may provide for the Director General

to grant exemptions from regulations made under

section 111(2)(d).

Road Traffic Amendment Act 2001

s. 4

(3)

The regulations may provide for the Commissioner of

Main Roads —

(a)	to grant exemptions in respect of vehicles with a gross vehicle mass exceeding 4.5 tonnes from regulations made under section 111(2)(d)(iii) or (viii); and
(b)	to delegate to an officer of the Commissioner or a police officer the power to grant those exemptions.

(4) In this section —

“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;

(ii)      the manufacturer cannot be identified; or

(iii)

the vehicle has been modified to the specification is no longer appropriate;

“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

Road Traffic Amendment Act 2001

s. 5

(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.

”.

5.             Section 111 amended

(1)

Section 111(2)(d) is deleted and the following paragraph is

inserted instead —

“

(d) prescribing standards or other requirements in respect of vehicles, including standards or requirements relating to —

(i)      the design, construction, efficiency and performance of, and the equipment to be carried on, vehicles;

(ii)      the attachment of operational or safety devices;

(iii)      limits on the mass and dimensions of vehicles and their loads, the distribution of the mass over vehicle components, and how to measure the mass, dimensions or mass distribution;

(iv) roadworthiness;

(v) safety, emissions and noise;

(vi)      the coupling of trailers and motor vehicles;

(vii)      the identification of vehicles or components of vehicles;

(viii)

loading and unloading and securing of

loads;

Road Traffic Amendment Act 2001

s. 6

(ix)      security of vehicles and the equipment to be fitted to vehicles for the purposes of security; and

(x)      the keeping and production of records;

”.

(2)

Section 111(2)(f) is deleted.

(3)

Section 111(2)(l) is amended by deleting “paragraph (f)” and

inserting instead —

“ paragraph (d)(iii) or (viii) ”.

(4)

Section 111(2a) is amended by deleting “subsection (2)(f)” and

inserting instead —

“ subsection (2)(d)(iii) or (viii) ”.

(5)

Section 111(2b) is amended by deleting “subsection (2)(f)” and

inserting instead —

“ subsection (2)(d)(iii) or (viii) ”.

6.             Section 111A inserted

After section 111 the following section is inserted —

“

111A. Adoption of other laws, codes etc.

(1)

Regulations made under section 111(2)(d) may adopt

the text of any published document specified in the

regulations, being a document relating to vehicle

standards or other requirements in respect of vehicles

or their loads.

(2)

The text may be adopted —

(a) wholly or in part;

(b) as modified by the regulations.

Road Traffic Amendment Act 2001

s. 6

(3)

The text may be adopted as it exists when, or any time

before, the regulations take effect.

(4)

In addition, the text may be adopted as it may be amended from time to time if the document is —

(a)	a national standard determined under the Motor Vehicle Standards Act 1989 of the Commonwealth; or
(b)	any of the standards, rules, codes or specifications of the body known as Standards Australia or a similar body specified in the regulations.

”.