Road Traffic Consequential Amendment Regulations 2008 (WA)
!200800091GG!
WESTERN 2449 AUSTRALIAN GOVERNMENT
| ISSN 1448-949X | PRINT POST APPROVED PP665002/00041 |
PERTH, TUESDAY, 10 JUNE 2008 No. 91 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 3.00 PM
© STATE OF WESTERN AUSTRALIA
ROAD TRAFFIC ACT 1974
_________
ROAD TRAFFIC
CONSEQUENTIAL AMENDMENT
REGULATIONS 2008
10 June 2008 GOVERNMENT GAZETTE, WA 2451
Western Australia
Road Traffic Consequential Amendment
Regulations 2008
CONTENTS
Part 1 — Preliminary
1. Citation
2. Commencement
Part 2 — Amendments to Road Traffic (Charges and Fees) Regulations 2006
3. The regulations amended
4. Regulation 18 amended
5. Regulation 37 amended
6. Regulation 38 repealed
7. Regulation 39 amended
8. Regulation 40 repealed
9. Regulation 41 amended
10. Regulation 42 amended
11. Regulation 43 amended
12. Regulation 44 amended
13. Regulation 45 amended
14. Regulation 46 amended
15. Regulation 55 amended
16. Regulation 56 amended
17. Schedule 2 amended
2452 GOVERNMENT GAZETTE, WA 10 June 2008 Road Traffic Consequential Amendment Regulations 2008
Contents
Part 3 — Amendments to Road
Traffic (Events on Roads)
Regulations 199118. The regulations amended
19. Regulation 3 amended
20. Regulation 7 amended
21. Regulation 8 amended
22. Regulation 9 amended
Part 4 — Amendments to Road
Traffic (Infringements)
Regulations 1975
23. The regulations amended
24. Regulation 2 inserted
2. Terms used in these regulations 25. Regulation 3 amended
26. Schedule 1 amended
Part 5 — Amendments to Road Traffic (Vehicle Standards) Regulations 2002
27. The regulations amended
28. Heading to Part 5 amended
29. Regulation 37 amended
30. Heading to Part 6 amended
31. Regulation 41 amended
32. Glossary amended
Part 6 — Amendments to Road
Traffic Code 2000
33. The regulations amended
34. Regulation 3 amended
35. Regulation 9 amended
36. Regulation 266 repealed
10 June 2008 GOVERNMENT GAZETTE, WA 2453
Road Traffic Act 1974
Road Traffic Consequential Amendment
Regulations 2008
Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Road Traffic Consequential
Amendment Regulations 2008.
2. Commencement
These regulations come into operation as follows:
(a)
Part 1 — on the day on which these regulations are published in the Gazette;
(b)
the rest of the regulations — on the day on which the Road Traffic Amendment Act 2006 section 6 comes into operation.
2454 GOVERNMENT GAZETTE, WA 10 June 2008 Road Traffic Consequential Amendment Regulations 2008
Part 2 Amendments to Road Traffic (Charges and Fees) Regulations
2006r. 3 Part 2 — Amendments to Road Traffic (Charges and
Fees) Regulations 2006
3. The regulations amended
The amendments in this Part are to the Road Traffic (Charges
and Fees) Regulations 2006.
4. Regulation 18 amended
Regulation 18(1)(a)(v) is amended by deleting “Road Traffic
(Drivers’ Licences) Regulations 1975 regulation 2(1);” and
inserting instead —“
Road Traffic (Authorisation to Drive)
Regulations 2008 regulation 3;
”.
5. Regulation 37 amended
Regulation 37 is amended by deleting “these regulations have
the same meaning as they have in the Road Traffic (Drivers’
Licences) Regulations 1975.” and inserting instead —
“this Part have the same meanings as they have in the
Road Traffic (Authorisation to Drive)Regulations 2008.
”.
6. Regulation 38 repealed
Regulation 38 is repealed.
10 June 2008 GOVERNMENT GAZETTE, WA 2455 Road Traffic Consequential Amendment Regulations 2008
Amendments to Road Traffic (Charges and Fees) Regulations Part 2 2006
r. 7
7. Regulation 39 amended
(1) Regulation 39(1) is amended by deleting “of a duplicate” and
inserting instead —
“under the Road Traffic (Authorisation to Drive)
Regulations 2008 regulation 31(1) of a replacement
”.
(2) Regulation 39(2) is amended as follows:
(a) by deleting “duplicate” and inserting instead — “ replacement ”;
(b) by inserting before “was stolen” — “ document ”.
8. Regulation 40 repealed
Regulation 40 is repealed.
9. Regulation 41 amended
(1) Regulation 41(2) and (3) are repealed and the following
subregulations are inserted instead —“
(2) A fee is not payable by a person for —
(a) in the circumstances described in the Road
an application for the grant of a driver’s licence Regulations 2008 regulation 37(4); or
(b)
the grant of a driver’s licence in those circumstances.
(3) Subregulation (2)(b) does not affect the obligation of
the person who is granted the licence to pay for a
subsequent grant of a driver’s licence by way of
renewal.”.
2456 GOVERNMENT GAZETTE, WA 10 June 2008 Road Traffic Consequential Amendment Regulations 2008
Part 2 Amendments to Road Traffic (Charges and Fees) Regulations
2006r. 10
(2) Regulation 41(4) is amended by deleting all of the subregulation
from “A licence fee” that is before paragraph (a) and inserting
instead —
“A fee is not payable for the first grant by way of
renewal to a person of a driver’s licence as a
provisional licence unless since the preceding grant to
the person of a driver’s licence as a provisional licence,the person —
”.
10. Regulation 42 amended
(1) Regulation 42(1) is amended by inserting after “extraordinary
licence” —“ other than by way of renewal ”. (2) Regulation 42(2) is amended as follows:
(a)
by deleting “renewal of an extraordinary licence” and inserting instead —
“
grant of an extraordinary licence by way of renewal
”;
(b) in each of paragraphs (a) and (b), by deleting “renewed” and inserting instead — “ granted ”.
11. Regulation 43 amended
(1) Regulation 43(2) is amended by deleting “or renewal” and
inserting instead —“ , whether by way of renewal or otherwise, ”.
10 June 2008 GOVERNMENT GAZETTE, WA 2457 Road Traffic Consequential Amendment Regulations 2008
Amendments to Road Traffic (Charges and Fees) Regulations Part 2 2006
r. 12
(2) Regulation 43(3) is amended by deleting “the Road Traffic
(Drivers’ Licences) Regulations 1975 regulation 9 or 9A” and
inserting instead —“ regulation 39 ”. 12. Regulation 44 amended
(1) Regulation 44(2) is amended by deleting “the Road Traffic
(Drivers’ Licences) Regulations 1975 regulation 9” and
inserting instead —“ regulation 39 ”. (2) Regulation 44(3) is repealed. 13. Regulation 45 amended
Regulation 45 is amended by deleting “or renewal” and
inserting instead —“ , whether by way of renewal or otherwise, ”.
14. Regulation 46 amended
(1) Regulation 46(1) is amended by deleting “or renewal” and
inserting instead —“ , whether by way of renewal or otherwise, ”. (2) After regulation 46(3) the following subregulation is inserted — “
(4) This regulation does not apply to a refund under the
Road Traffic (Authorisation to Drive)
Regulations 2008 regulation 29.”.
15. Regulation 55 amended
Regulation 55(5)(a) is amended by deleting “Board” and
inserting instead —“ Commissioner of Police ”.
2458 GOVERNMENT GAZETTE, WA 10 June 2008 Road Traffic Consequential Amendment Regulations 2008
Part 2 Amendments to Road Traffic (Charges and Fees) Regulations
2006r. 16 16. Regulation 56 amended
(1) Regulation 56(2) is amended by deleting “Board” before
“grants” and inserting instead —“ Commissioner of Police ”. (2) Regulation 56(2)(a) and (b) are each amended by deleting
“Board” and inserting instead —“ Commissioner ”. 17. Schedule 2 amended
Schedule 2 is amended as follows:
(a) “Road Traffic (Drivers’ Licences) Regulations 1975
in the definition of “hazard perception test”, by deleting “
Road Traffic (Authorisation to Drive) Regulations 2008
regulation 16(2)(c);
”;
(b) in the definition of “practical driving assessment”, in each of paragraphs (a) and (b), by deleting “drivers’ licence” and inserting instead — “ driver’s licence ”;
(c) in the definition of “theory test”, by inserting after “means a” — “ theory ”;
(d) by deleting item 4 and inserting instead — “ 4. Grant of a driver’s licence whether or not by way of renewal —
(a) for one year 36.60 (b) for 5 years 116.60
10 June 2008 GOVERNMENT GAZETTE, WA 2459 Road Traffic Consequential Amendment Regulations 2008
Amendments to Road Traffic (Charges and Fees) Regulations Part 2 2006
r. 17
(c) for any other period for each year
or part of a
year, 20% of
the fee under
paragraph (b)”;
(e) by deleting item 5 and inserting instead — “ 5. Application for the endorsement of a
driver’s licence under the Road Traffic
(Authorisation to Drive)
Regulations 2008 regulation 12(1) to
show that it includes extension F 103.30 ”;
(f)
by deleting item 5A and inserting instead — “
5A. Application for the endorsement of a driver’s licence under the Road Traffic (Authorisation to Drive) Regulations 2008 regulation 12(1) to
show that it includes extension T 103.30 ”;
(g)
Licences) Regulations 1975 regulation 4E(2)” and
in item 8, by deleting “under the Road Traffic (Drivers’ “
under the Road Traffic (Authorisation to Drive)
Regulations 2008 regulation 16(2)(b)
”;
(h) in item 9, by deleting “notice of disqualification” and inserting instead — “ excessive demerit points notice ”;
(i) in item 9, by deleting “section 103” and inserting instead —
“ Part VIA ”.
2460 GOVERNMENT GAZETTE, WA 10 June 2008 Road Traffic Consequential Amendment Regulations 2008
Part 3 Amendments to Road Traffic (Events on Roads) Regulations
1991r. 18
Part 3 — Amendments to Road Traffic (Events on
Roads) Regulations 1991
18. The regulations amended
The amendments in this Part are to the Road Traffic (Events on
Roads) Regulations 1991.
19. Regulation 3 amended
Regulation 3(2) is amended as follows:
(a) by deleting “Board” and inserting instead — “ Commissioner of Police ”;
(b) by deleting “it may” and inserting instead — “ the Commissioner may ”;
(c) in paragraph (b), by deleting “it” and inserting instead — “ the Commissioner ”.
20. Regulation 7 amended
Regulation 7 is amended by deleting “Board.” and inserting
instead —“ Commissioner of Police. ”.
21. Regulation 8 amended
Regulation 8(1) is amended as follows:
(a) by deleting “Board” and inserting instead — “ Commissioner of Police ”;
(b) in each of paragraphs (b) and (c), by deleting “it” and inserting instead — “ the Commissioner ”.
10 June 2008 GOVERNMENT GAZETTE, WA 2461 Road Traffic Consequential Amendment Regulations 2008
Amendments to Road Traffic (Events on Roads) Regulations Part 3 1991
r. 22
22. Regulation 9 amended
Regulation 9(1) is amended as follows:
(a) by deleting “Board” and inserting instead — “ Commissioner of Police ”;
(b) in paragraph (b), by deleting “on”.
2462 GOVERNMENT GAZETTE, WA 10 June 2008 Road Traffic Consequential Amendment Regulations 2008
Part 4 Amendments to Road Traffic (Infringements) Regulations 1975 r. 23
Part 4 — Amendments to Road Traffic
(Infringements) Regulations 1975
23. The regulations amended
The amendments in this Part are to the Road Traffic
(Infringements) Regulations 1975.
24. Regulation 2 inserted
After regulation 1 the following regulation is inserted —
“ 2. Terms used in these regulations
In these regulations —
“novice driver (type 1A)” has the meaning given in
the Road Traffic (Authorisation to Drive)
Regulations 2008 regulation 4(3).
”.
25. Regulation 3 amended
(1) Regulation 3(3) is amended as follows:
(a) by deleting paragraph (c); (b) in paragraph (e), by deleting “paragraphs (c) or (d),” and inserting instead — “ paragraph (d), ”.
(2) Regulation 3(4) is amended as follows:
(a) by deleting “and” after paragraph (c); (b) by deleting the full stop at the end of paragraph (d) and “
; or
(e)
the Road Traffic (Authorisation to Drive) Regulations 2008.
”;
10 June 2008 GOVERNMENT GAZETTE, WA 2463 Road Traffic Consequential Amendment Regulations 2008
Amendments to Road Traffic (Infringements) Regulations 1975 Part 4 r. 26
(c) by inserting after each of paragraphs (a) to (c) — “ or ”.
26. Schedule 1 amended
Schedule 1 is amended as follows:
(a) by deleting item 4; (b) by deleting item 5 and inserting instead — “
5. Section 49(1) Driving while not authorised, other than if
s. 49(3) of the Act or item 5A applies ...... 2
5A. Section 49(1) Driving while not authorised if the driving is by a novice driver (type 1A) and between midnight and the following 5 a.m., other than if s. 49(3) of the Act
applies ....................................................... 4 ”;
(c) by deleting item 6 and inserting instead — “
6. Section 50A(1) Failure to carry or produce documents to
do with authorisation other than
Australian driver licence ........................... 1 ”;
(d)
by deleting the heading “Road Traffic (Drivers’ Licences) Regulations 1975” immediately before item 107 and deleting item 107.
2464 GOVERNMENT GAZETTE, WA 10 June 2008 Road Traffic Consequential Amendment Regulations 2008
Part 5 Amendments to Road Traffic (Vehicle Standards) Regulations
2002r. 27
Part 5 — Amendments to Road Traffic (Vehicle
Standards) Regulations 2002
27. The regulations amended
The amendments in this Part are to the Road Traffic (Vehicle
Standards) Regulations 2002.
28. Heading to Part 5 amended
The heading to Part 5 is amended by deleting “section 103B(1)”
and inserting instead —“ section 111AB(1) ”.
29. Regulation 37 amended
Regulation 37(1) is amended by deleting “For the purposes of
section 103B(1)” and inserting instead —“ Under section 111AB(1) ”.
30. Heading to Part 6 amended
The heading to Part 6 is amended by deleting “section 103B(2)”
and inserting instead —“ section 111AB(2) ”.
31. Regulation 41 amended
Regulation 41(1) is amended by deleting “For the purposes of
section 103B(2)” and inserting instead —“ Under section 111AB(2) ”.
10 June 2008 GOVERNMENT GAZETTE, WA 2465 Road Traffic Consequential Amendment Regulations 2008
Amendments to Road Traffic (Vehicle Standards) Regulations Part 5 2002
r. 32
32. Glossary amended
The Glossary is amended in clause 1(1) as follows:
(a) in the definition of “departmental exemption”, by deleting “section 103B” and inserting instead — “ section 111AB ”;
(b) in the definition of “Ministerial exemption”, by deleting “section 103B” and inserting instead — “ section 111AB ”.
2466 GOVERNMENT GAZETTE, WA 10 June 2008 Road Traffic Consequential Amendment Regulations 2008
Part 6 Amendments to Road Traffic Code 2000 r. 33
Part 6 — Amendments to Road Traffic Code 2000
33. The regulations amended
The amendments in this Part are to the Road Traffic Code 2000.
34. Regulation 3 amended
Regulation 3(2) and the Table to that subregulation are repealed
and the following subregulations are inserted instead —
“
(2) For the purposes of this Code —
(a) if a public holiday falls on a Monday, the period of 4 days beginning with the last Friday before that Monday and ending with that Monday is a holiday period; and (b) if a public holiday falls on a Friday, the period of 4 days beginning with the last Thursday before that Friday and ending with the Sunday after that Friday is a holiday period; and (c) despite paragraphs (a) and (b), the period of Good Friday and ending with Easter Monday is a holiday period; and
(d)
despite paragraphs (a) and (b), the period of 17 days beginning with the last Friday before Christmas Day is a holiday period.
(3) In subregulation (2)(a) and (b) — “public holiday” means a day specified, or appointed
under the power, in the Public and Bank Holidays
Act 1972 Second Schedule to be a public holiday.”.
10 June 2008 GOVERNMENT GAZETTE, WA 2467 Road Traffic Consequential Amendment Regulations 2008
Amendments to Road Traffic Code 2000 Part 6 r. 35
35. Regulation 9 amended
Regulation 9(5) is repealed and the following subregulation is
inserted instead —
“
(5) If the commission of an offence under this Code
involves the driving or use of a motor vehicle and this
Code fixes a penalty for the offence expressed as a
number of points, the Road Traffic (Miscellaneous)
Regulations 2008 regulation 6(3) prescribes that
offence as a demerit point offence in WA.”.
36. Regulation 266 repealed
Regulation 266 is repealed.
By Command of the Lieutenant-Governor and deputy of the Governor,
G. M. PIKE, Clerk of the Executive Council.
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