Road Traffic Code Amendment Regulations (No. 3) 2006 (WA)

29 December 2006 GOVERNMENT GAZETTE, WA 5921

PLANNING AND INFRASTRUCTURE

P1301*

Road Traffic Act 1974

Road Traffic Code Amendment Regulations

(No. 3) 2006

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Road Traffic Code Amendment
Regulations (No. 3) 2006.

2.            The regulations amended

The amendments in these regulations are to the Road Traffic
Code 2000*.

[* Reprint 1 as at 27 August 2004.

For amendments to 30 November 2006 see Western
Australian Legislation Information Tables for 2005, Table 4.]

3.            Regulation 3 amended

Regulation 3(1) is amended as follows:

(a) by inserting in the appropriate alphabetical positions -

"

"motor vehicle" does not include a motorised scooter; "motorised scooter" means a scooter that is propelled

ground;

by one or more electric motors (whether the
motors are a part of the scooter or attached to the
scooter) and complies with the requirements of

paragraph (e) in the definition of "scooter";

"scooter" means a device that -

(a)	has 2 or more wheels and a footboard supported by those wheels; and
(b)	is steered by handlebars; and
(c)	is designed to be used by a single person; and
(d)	is propelled by any one or more of the following -

(i) gravity;

(ii)     the user pushing a foot against the

5922 GOVERNMENT GAZETTE, WA 29 December 2006

(iii) an electric motor or motors;

and

(e) if it is fitted with an electric motor or motors,

satisfies the following criteria -

(i)     its maker certifies (either by means of a plate attached to the motor or on each motor, or by means of engraving on the motor or each motor) the ungoverned power output of the motor, or each motor;

(ii)     the maximum power output of the motor, or the combined maximum power output of the motors, is not more than 200 watts;

(iii)     when propelled only by the motor, or motors, the scooter is not capable of going faster than 10 km/h on level ground;

(b) in the definition of "wheeled toy" by inserting after

"scooter" -

46

(other than a motorised scooter) ".

4.           Regulation 206 amended

After regulation 206(2) the following subregulation is inserted -

(3) A person travelling in or on a wheeled recreational
device, motorised scooter or wheeled toy must not
travel past a "no wheeled recreational devices, scooters
or toys" sign.

Modified penalty: 1 PU ON FOOTPATH

No wheeled recreational devices. scooters or toys signs

29 December 2006 GOVERNMENT GAZETTE, WA 5923

5.            Regulation 209A inserted

After regulation 209 the following regulation is inserted -

209A.	Protective helmets to be worn on motorised scooters
(1)	In this regulation - "protective helmet" means a helmet that is, or is of a

standard or type that is, approved by the Director notice in the Gazette.

(2) A person shall not travel on a motorised scooter on a
road or any path unless that person is wearing a
protective helmet securely fastened on his or her head.
Modified penalty: 1 PU

6.            Regulation 210A inserted

After regulation 210 the following regulation is inserted in
Part 14 Division 2-

210A. Proper control of motorised scooters

A person shall not on any road or path -

(a)	travel on a motorised scooter while under the influence of alcohol, drugs or alcohol and drugs to such an extent as to be incapable of having proper control of the motorised scooter; or
(b)	travel on a motorised scooter recklessly or without due care and attention.

Modified penalty: 2 PU

5924 GOVERNMENT GAZETTE, WA 29 December 2006

7.            Schedule 2 amended

Schedule 2 is amended by inserting after the sign entitled "No U turn sign (Variable illuminated message sign)" -

44  

No wheeled recreational devices, scooters or toys	No wheeled recreational
devices, scooters or toys

sign sign

(circle and slash in red)	(circles and slashes in red)
(reg 206)	(leg 206)

ON FOOTPATH

8.            References to "motorised scooter" added

(1)	Regulation 3(1) is amended in paragraph (c) of the definition of "pedestrian" by inserting after "wheeled recreational device" -
" or a motorised scooter ".
(2)	Regulation 203(6) is amended by inserting after "wheeled recreational device" -

a motorised scooter

(3) Regulation 204(2)(a)(ii) is amended by inserting after
"rollerskates" -

a motorised scooter ".

(4) The heading to Part 14 Division 2 is amended by inserting after
"wheeled recreational devices" -

motorised scooters ".

(5) Regulation 206(1) is amended by inserting after 'wheeled
recreational device" -

motorised scooter ".

29 December 2006 GOVERNMENT GAZETTE, WA 5925

(6)	Regulation 206(2) is amended by inserting after "wheeled recreational device," —
" motorised scooter ".
(7)	Regulation 207 is amended by inserting after "wheeled recreational device" —
44 , motorised scooter ".
(8)	Regulation 208 is amended by inserting after "wheeled recreational device" in both places where it occurs —
44 , motorised scooter
(9)	Regulation 209(1) and (2) are amended by inserting after "roller skates," —
" a motorised scooter ".
(10)	Regulation 210(1), (2) and (3) are amended by inserting after "wheeled recreational device" —
44 , motorised scooter ".

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.