Road Traffic Code Amendment Regulations (No. 4) 2008 (WA)
| 691 | GOVERNMENT GAZETTE, WA | 29 February 2008 |
R 301*
Road Traffic Act 1974
Road Traffic Code Amendment Regulations
(No. 4) 2008
Made by the Governor in Executive Council.
1. Citation
These regulations are the Road Traffic Code Amendment
Regulations (No. 4) 2008.2. Commencement
These regulations come into operation as follows:
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day after that day. 3. The regulations amended
The amendments in these regulations are to the Road Traffic
Code 2000.4. Regulation 9 amended
(1) Regulation 9(1a) is amended by deleting "ten penalty units
(10 PU)" in the 2 places where it occurs and inserting instead in
both places44
" 6 PU "; the number of penalty units that could be imposed as a
modified penalty for the particular offence
(2) Regulation 9(2) is amended by deleting "twenty penalty units
(20 PU)" and inserting instead —" twenty-four penalty units (24 PU) ". 5. Regulation 17 amended
(1) The Table to regulation 17(1) is amended in the column headed
"Modified Penalty" as follows:
(a) in paragraph (c) by deleting "5 PU" in the 2 places
where it occurs and inserting instead in both places —
29 February 2008 GOVERNMENT GAZETTE, WA 695 (b) in paragraph (d) by deleting "7 PU" in the 2 places
where it occurs and inserting instead in both places -
" 14 PU ".
(2) The Table to regulation 17(2) is amended in the column headed
"Modified Penalty" as follows:
(a) in paragraph (c) by deleting "7 PU,, in the 2 places where it occurs and inserting instead in both places -
46 8 P ";
(b) in paragraph (d) by deleting "10 PU" in the 2 places
where it occurs and inserting instead in both places -
46 17 PU ".
6. Regulation 232 amended
Regulation 232(1) is amended by deleting the penalty provisions at the foot of that subregulation and inserting instead -
Points and modified penalty: see regulation 235A.
7. Regulation 233 amended
(1) Regulation 233(1) is amended by deleting "but is under 16 years
of age".Note: The heading to regulation 233 will be altered to read "Driver to ensure that passenger wears seat belt".
(2) Regulation 233(1) is amended by deleting the penalty
provisions at the foot of that subregulation and inserting
instead -" Points and modified penalty: see regulation 235A. (3) Regulation 233(2)(b) is amended by deleting the full stop at the
end of that paragraph and inserting instead - " or
(c) the motor vehicle was a taxi and the passenger
had reached 16 years of age.
8. Regulation 234 amended
Regulation 234(1) is amended by deleting the penalty provisions at the foot of that subregulation and inserting instead -
Points and modified penalty: see regulation 2351.
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9. Regulation 235A inserted
In Part 16 Division 2, after regulation 235, the following regulation is inserted -
235A. Penalties for seatbelt offences by driver
(1) The following points and modified penalties apply for
the offences in this Division that refer to this regulation
for their penalty, where the driver is not wearing aproperly adjusted and securely fastened seatbelt.
Table
Description Points Modified
Penaltyr. 232(1)
Driver not wearing a seatbelt
(appropriately restrained
passengers or no passengers) -(a) during a holiday period 8 10 PU (b) other than a holiday period 4 10 PU r. 232(1) with r. 233(1) or 234(1) Driver not wearing a seatbelt with one unrestrained passenger -
(a) during a holiday period 8 12 PU (b) other than a holiday period 4 12 PU r. 232(1) with r. 233(1) or 234(1) Driver not wearing a seatbelt with 2 unrestrained passengers -
(a) during a holiday period 8 14 PU (b) other than a holiday period 4 14 PU
r. 232(1) with r. 233(1) or 234(1) Driver not wearing a seatbelt with
3 unrestrained passengers -
(a) during a holiday period 8 16 PU (b) other than a holiday period 4 16 PU r. 232(1) with r. 233(1) or 234(1) Driver not wearing a seatbelt with 4 or more unrestrained
passengers - (a) during a holiday period 8 18 PU (b) other than a holiday period 4 18 PU
(2) The following points and modified penalties apply for
the offences in this Division that refer to this regulation for their penalty where the driver is wearing a properly adjusted and securely fastened seatbelt.
29 February 2008 GOVERNMENT GAZETTE, WA 697 Table
Description Points Modified
Penalty
r. 233(1)or234(1)
Driver wearing a seatbelt with
one unrestrained passenger -
(a) during a holiday period
(b) other than a holiday period8 10 PU 4 10 PU r. 233(1) or 234(1)
Driver wearing a seatbelt with
2 unrestrained passengers -
(a) during a holiday period
(b) other than a holiday period8 12 PU 4 12 PU r. 233(1)or234(1)
Driver wearing a seatbelt with
3 unrestrained passengers -(a) during a holiday period 8 14 PU (b) other than a holiday period 4 14 PU r. 233(1) or 234(1) more unrestrained passengers - (a) during a holiday period 8 16 PU (b) other than a holiday period 4 16 PU 10. Regulation 258 amended
Regulation 258(1), (2), (3), (4) and (6) are amended by deleting "defendant" and inserting instead -
accused 11. Regulation 265 amended
Regulation 265(1) is amended in the penalty provision at the foot of that subregulation by deleting "Modified penalty: 2 PU,,
and inserting instead -Modified penalty: 5 PU
12. Regulation 272 amended
Regulation 272(2) is amended as follows:
(a) by deleting "complaint" and inserting instead - 66 prosecution notice ";
(b) by deleting "defendant" and inserting instead - 66 accused
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13. Regulation 274 amended
Regulation 274(2) is amended by deleting "complaint," and inserting instead —
44
an application
14. Regulation 285 amended
Regulation 285 is amended in the Table to subregulation (2) after the item "Regulation 232 (Driver to wear seat belt)" by inserting the following items —
44
seatbelt)
Regulation 233 (Driver to ensure that passenger wears position with seat belt if available)
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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