Road Traffic (Drivers' Licences) Amendment Regulations 2003 (WA)

24 April 2003 GOVERNMENT GAZETTE, WA 1273

TRANSPORT

TH301*

Road Traffic Act 1974

Road Traffic (Drivers' Licences) Amendment

Regulations 2003

1 November 2002.]

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Road Traffic (Drivers'
Licences) Amendment Regulations 2003.

2.            The regulations amended

The amendments in these regulations are to the Road Traffic
(Drivers' Licences) Regulations 1975*.

[* Reprinted as at 5 April 2002.

For amendments to 6 March 2003 see Gazette 17 May and

1274 GOVERNMENT GAZETTE, WA 24 April 2003

3.            Regulation 5 amended

Regulation 5(1) and (2) are repealed and the following subregulations are inserted instead -

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(1) The authority given by a driver's licence does not

include -

(a)	the authority to operate a taxi within the meaning of the Taxi Act 1994;
(b)	the authority to operate an omnibus or other public vehicle within the meaning of the Transport Co-ordination Act 1966; or
(c)	the authority to drive any other motor vehicle for the purpose of carrying passengers for reward,

unless the licence is endorsed under this regulation to

confer that authority.

(2) For the purposes of subregulation (1)(c), a person does

not carry passengers for reward if—

(a) the amount received by the person for carrying

those passengers is not intended to exceed the

running costs of the motor vehicle;

(b) that person is -

(i)     driving a vehicle in the course of his or her general employment; and

(ii)     carrying passengers in that vehicle as an incidental part of his or her main employment duties,

but only if he or she is driving a vehicle that
does not seat more than 12 persons (including

the driver);

(c) that person is the holder of a licence or permit	issued under section 17B of the Community
authorising the provision of a child care service service as the holder of the licence or permit; or

(d) that person is employed by the holder of a

licence or permit authorising the provision of a
child care service issued under section 17B of
the Community Services Act 1972, and is acting
in the course of his or her employment by the

holder of the licence or permit.

(2a) For the purposes of subregulation (2), an amount is not

intended to exceed the running costs of the motor
vehicle if it does not exceed an amount calculated
according to the relevant rate per kilometre specified in
Schedule 5.

24 April 2003 GOVERNMENT GAZETTE, WA 1275

4.            Schedule 5 amended

Schedule 5 is amended by deleting "[r. 5(2)(b)]" and inserting instead —

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[r. 5(2a)]

By Command of the Governor,

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