Road Traffic (Drivers' Licences) Amendment Regulations (No. 4) 2001 (WA)
9 February 2001 GOVERNMENT GAZETTE, WA 775
Licences) Amendment Regulations (No. 4) 2001.
TRANSPORT
TR301'
Road Traffic Act 1974
Road Traffic (Drivers' Licences) Amendment
Regulations (No. 4) 2001
Made by the Governor in Executive Council.
1. Citation
These regulations may be cited as the Road Traffic (Drivers'
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2. Commencement
These regulations come into operation on 2 April 2001.
3. The regulations amended
The amendments in these regulations are to the Road Traffic
(Drivers' Licences) Regulations 1975*.[* Reprinted as at 18 February 2000.
For amendments to 24 January 2001 see Gazette 17 May,
8 September and 1 December 2000.]
4. Regulation 2 amended
Regulation 2 is amended as follows:
(a) by deleting the full stop at the end of the definition of "seniors' card" and inserting instead a semicolon; (b) inserting in the appropriate alphabetical positions the following definitions - "axle" means the axis of rotation of any of the wheels on which a vehicle is or may be driven, regardless of whether the wheel is power driven or freely
rotating and regardless of the number of wheels
rotating on that axis, and if 2 or more wheels have
substantially the same axis of rotation, or
intersecting axes of rotation, when the vehicle is
being driven in a straight line those wheels are tobe regarded as being on the same axle;
"drive" includes ride;
"GyM" (which stands for "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;
"learner's permit" means a permit under section 48C
of the Act;
"moped" means a motor cycle that -
(a)
has a propelling engine with an engine capacity not exceeding 50 ml; and
(b)
is designed so as not to be capable of a speed exceeding 60 km/h,
9 February 2001 GOVERNMENT GAZETTE, WA 777 whether or not it is also capable of being propelled
by pedalling, except that it does not include apower assisted pedal cycle;
"motor carrier" has the meaning given by the First
Schedule to the Act;
"motor cycle" has the meaning given by the First
Schedule to the Act;
"motor vehicle" means a self-propelled vehicle that is not operated on rails but does not include a power assisted pedal cycle, and the expression does not
include a trailer attached to the vehicle;
"prime mover" means a motor vehicle having 2 or more axles and a GVM greater than 8 t, that is built to tow a semi-trailer;
"relevant authority", in relation to a vehicle,
means -
(a) if the vehicle has never been licensed orregistered 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 (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;"semi-trailer" means a trailer (including a pole-type
trailer) that has -
(a) one axle group or single axle to the rear; and (b) a means of attachment to a prime mover that the prime mover; results in some of the load being imposed on "trailer" means a vehicle that is built to be towed, or is
towed, by a motor vehicle, whether by attachment
to the motor vehicle directly or to another trailer
towed by the motor vehicle, but does not include a
motor vehicle that is being towed.5. Regulation 3 replaced
Regulation 3 is repealed and the following regulation is inserted instead -
" 3. Driver's licence vehicle classifications
(1) For the purposes of Part IVA of the Act, a motor
vehicle described in Schedule 1 column 2 is classified
as specified in column 1 opposite that description.
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(2) When Schedule 1 column 2 describes a motor vehicle,
it means a motor vehicle of the kind described, whether
or not it is attached to a trailer that the motor vehicle
may be used to tow according to Schedule 7.
6. Regulation 4 replaced
Regulation 4 is repealed and the following regulations are inserted instead -
4. Classes of vehicles covered by driver's licence
A person who holds a driver's licence for a motor vehicle of a class specified in Schedule 2 column 1 is entitled to drive on a road a motor vehicle of that class and any motor vehicle specified in column 2 opposite that class.
4A. Motor vehicles used to demonstrate an ability to
control a class(1)
A person who demonstrates an ability to drive a motor vehicle of a kind described in Schedule 3 column 2 is to be taken to have demonstrated an ability to control the class of motor vehicle specified in column 1
opposite that description. (2) A person may use a moped to demonstrate an ability to
control class R motor vehicles, however a driver's
licence granted on the basis of that demonstration is to
be endorsed as of class N.(3) A person may use a motor cycle with an engine
capacity of at least 100 ml but not exceeding 250 ml to
demonstrate an ability to control class R motor vehicles, however a driver's licence granted on the basis of that demonstration is to be endorsed as of class E.
4B. (I) A person is not to be granted a driver's licence
Prerequisite driver's licences
appropriate to a motor vehicle of a class specified in Schedule 4 column 1 unless the person has held the driver's licence specified in column 2 opposite that class for the period specified in column 3 opposite that
class. (2) Subregulation (1) does not apply to the issuing of a
driver's licence appropriate to class R that is endorsed
as of class N or class E.
9 February 2001 GOVERNMENT GAZETTE, WA 779
4(. Driver's licences under sections 48D and 48E Despite regulation 413, if an applicant for a driver's licence was, immediately before the application -
(a)
regarded as the holder of a driver's licence applicable to a particular type or class of motor vehicle under section 48D of the Act; or
(b)
authorised to drive a motor vehicle of a particular type or class under section 48E of the Act,
the person is to be granted a licence to drive a motor
vehicle of that type or class.
4D. Minimum age for moped licence For the purposes of section 42(2)(a) of the Act, the minimum age for a person to qualify for a Class R driver's licence that is endorsed as of class N is 16 years. 7. Regulation 5 replaced
Regulation 5 is repealed and the following regulation is inserted instead -
5. Carrying passengers for reward
(1) The authority given by a driver's licence does not
include the authority to drive a 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 this regulation -
(a)
a person does not carry passengers for reward if the amount received by the person for carrying those passengers is not intended to exceed the running costs of the motor vehicle; and
(b)
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.
(3) A driver's licence may be endorsed -
(a) as of class F, in which case the licence confers the authority to drive a motor vehicle to which the licence is appropriate for the purposes of
carrying passengers for reward except as a taxi
under the Taxi Act 1994 or the Transport
Co-ordination Act 1966; or
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(b) as of class T, in which case the licence confers the authority to drive a motor vehicle to which the licence is appropriate for the purposes of
carrying passengers for reward, whether or not
as a taxi under the Taxi Act 1994 or theTransport Co-ordination Act 1966.
(4) The Director General may, on an application by a
person and on payment of the relevant fee prescribed in
Schedule 11 item 5, endorse a driver's licence held by
the person as of class F or class T if the DirectorGeneral is satisfied that the person -
(a) has reached the age of 21 years; (b)
has held the licence for a period of, or periods amounting in the aggregate to, 4 years;
(c) does not hold the licence on probation; (d) is of good character; (e)
is mentally and physically fit to drive a motor vehicle for the purposes of carrying passengers for reward; and
(f)
in the case of a class I endorsement, has successfully completed a training course or test approved by the Director General.
(5)
The holder of a driver's licence endorsed as of class F or class T is to submit himself or herself to a medical examination -
(a)
at intervals of 5 years until reaching the age of 45 years;
(b)
at intervals of 2 years after reaching the age of 45 years until reaching the age of 65 years;
(c) annually after reaching the age of 65 years.
(6) A driver's licence endorsement under this regulation is to have effect for a period determined by the Director
General having regard to the intervals at which the
holder of the licence is required to submit himself or
herself to a medical examination under
subregulation (5).
8. Regulation 5A replaced
Regulation 5A is repealed and the following regulations are inserted instead -
5A. Period of licence (1) Unless subregulation (2) applies, a driver's licence may
be issued or renewed to have effect for -
(a) if paragraph (b) does not apply, a period of
12 months or 5 years, as elected by the
applicant for the licence; or
9 February 2001 GOVERNMENT GAZETTE, WA 781 (b) if a driver's licence is issued to a person who holds a corresponding licence in another State or a Territory -
(1) a period equal to the period for which
the corresponding licence still has
effect; or
(ii) a period of 5 years,
whichever is the lesser.
(2) A driver's licence which is subject to any condition or
limitation under section 44 or section 48(5) or (6) of
the Act is to be issued or renewed to have effect for a
period, not exceeding 5 years, determined by the
Director General, being a period that the Director
General considers appropriate having regard to the
grounds on which any such condition or limitation was
imposed.(3)
If a driver's licence is issued to a person who holds a corresponding licence in another State or a Territory, the period determined under subregulation (2) cannot be more than the period for which the corresponding licence still has effect.
5R. Prescribed classes of licence conditions or
limitationsFor the purposes of section 43(1)(ab) of the Act, a condition or limitation set Out in Schedule 6 column 2 has the classification specified in column 1 Opposite that description.
SC. Prescribed notations (1) A licence may be endorsed with the notation "X" to
show that the licence is subject to conditions or limitations set Out in a notice under section 44(3)(a) of
the Act.
(2)
If the notice is to the effect that the licence holder must not drive a motor vehicle unless it is fitted with certain appliances as set Out in a notice under section 44(3)(a) of the Act, the licence may instead be endorsed with
the notation "V". SD. Trailer towing limits The authority given by a driver's licence appropriate to a class of motor vehicle includes the authority to drive a motor vehicle of that class while towing a trailer but only if the trailer is one that the motor vehicle may be used to tow according to Schedule 7.
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9. Regulation 8 amended
Regulation 8(2) is amended by deleting "First Schedule" and inserting instead -
Schedule 8
10. Regulation 8A inserted
After regulation 8 the following regulation is inserted -
8A. Proof of identity and residential address in this State of applicant for issue or renewal of a licence
An application for the issue or renewal of a driver's licence is to be accompanied by such proof of the applicant's identity and residential address in this State as the Director General may require.
11. Regulation 9A amended
Regulation 9A is amended as follows:
(a) by deleting "and" after paragraph (b); (b)
in paragraph (c), by deleting "$7.00," and inserting instead -
$10.00; and
(d) the provision of the photograph and signature
referred to in section 42B of the Act,
12. Regulation 9B inserted
After regulation 9A the following regulation is inserted -
9B. Director General may issue or renew a driver's
licence without a photograph or signature in certain
circumstancesThe Director General may issue or renew a driver's licence even though the applicant for the licence has not provided the Director General with a photograph as described in section 42B(2) of the Act if, as at
2 April 2001, the applicant has reached 60 years of age.13. Regulation 10 amended
Regulation 10(1) is amended by deleting "the Second Schedule" and inserting instead -
Schedule 9
9 February 2001 GOVERNMENT GAZETTE, WA 783 14. Regulations 12A and 12B inserted
After regulation 12 the following regulations are inserted -
12A. Service of notice of disqualification For the purposes of section 103(4a)(b) of the Act, a person is served with a notice of disqualification in the prescribed manner if the person is given the notice either -
(a) personally; or (b) by a form of mail that involves the person taking personal delivery of the notice and acknowledging in writing having taken delivery of it.
12B. Learner's permit (1) If a licence for a particular class of motor vehicle
would authorise the holder to drive on a road a motor
vehicle of another class, a learner's permit for the
particular class also authorises the holder to drive on a
road, in the course of driving instruction, a motor
vehicle of that other class for which the holder of the
learner's permit does not hold a driver's licence.
(2) A learner's permit may authorise the driving of a motor vehicle in the course of driving instruction by -
(a)
in the case of a moped and no other motor vehicle, a person who has for 2 years held a driver's licence authorising the person to drive a moped; or
(b)
in any other case, a person who has for 4 years held a driver's licence authorising the person to
drive the motor vehicle.
(3) A person has to have reached the age of 16 years if the
person is to be granted a learner's permit, other than
under section 48C(la) of the Act, to drive -
(a) a motor vehicle of class C; or (b) a motor vehicle of class R.
(4) A person is not to be granted a learner's permit
appropriate to a motor vehicle of a class specified in Schedule 10 column 1 unless the person has satisfied the prerequisite specified in column 2 opposite that
class.
(5) Subregulation (4) does not apply to a driver's licence
appropriate to a motor vehicle of class R where the
licence is endorsed as of class N or class E.
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15. Regulation 14A amended
Regulation 14A(1) is repealed and the following regulation is inserted instead -
(1) The fees specified in Schedule 11 are payable in
respect of the matters set out in that Schedule.
16. Regulation 14B amended
(1) Regulation 14B(2) is amended by deleting "fees prescribed in
items 1(a) or 2 of regulation 14A" and inserting instead -fee prescribed in Schedule 11 item 1(a) or 2 ".
(2) Regulation 14B(5) is amended by deleting "item 2 of
regulation 14A" and inserting instead -Schedule 11 item 2 ".
17. Regulation 15B amended
(1) Regulation 1513(4) is amended as follows:
(a)
by deleting "item 3 of regulation 14A" and inserting instead -
Schedule 11 item 4(a)
(b)
by deleting "item 4 of regulation 14A" and inserting instead -
Schedule 11 item 4(b) ".
(2) Regulation 15B(5) is amended by deleting "item 4 of
regulation 14A" and inserting instead -
Schedule 11 item 4(b) ".
(3) Regulation 1513(6) is repealed and the following subregulatiori
is inserted instead -
(6) If the applicant is a person to whom this regulation applies, the fee payable under Schedule 11 item 4(c) is
to be calculated as if "the fee under paragraph (b)"
referred to the fee under Schedule 11 item 4(b) as
reduced under subregulation (5).
18. Schedules 1 to 7 inserted
After regulation 16 the following Schedules are inserted -
Schedule 1 - Classification of motor vehicles
[r. 3]
Column 1 Column 2
Class Motor vehicle description R A motor cycle or a motor carrier.
9 February 2001 GOVERNMENT GAZETTE, WA 785 Column 1 Column 2
Class Motor vehicle description C A motor vehicle, other than a motor cycle or motor
carrier, that has a GVM not exceeding 4.5 t and that is
equipped to seat not more than 12 adults including the
driver.LR A motor vehicle, other than a motor cycle or motor
carrier, that -
(a)
has a GVM not exceeding 4.5 t and that is equipped to seat more than 12 adults including the driver; or
(b) has a GVM exceeding 4.5 t but not exceeding 8 t.
MR
A motor vehicle, other than a motor cycle or motor carrier, that has 2 axles and a GVM exceeding 8 t.
HR A motor vehicle, other than a motor cycle or motor
carrier, that has 3 or more axles and a GVM exceeding
8 t.HC A motor vehicle that is attached to - (a) a semi-trailer; or
(b) a trailer that has a GVM exceeding 9 t.
MC Any other motor vehicle. Schedule 2— Scope of a driver's licence
[r. 4]
Column 1 Column 2
Class Other motor vehicles licence holder is entitled to
driveMC A motor vehicle of class HC, HR, MR, LR or C or a
moped.HC A motor vehicle of class HR, MR, LR or C or a moped. HR A motor vehicle of class MR, LR or C or a moped. MR A motor vehicle of class LR or C or a moped.
LR A motor vehicle of class C or a moped. C A moped. Schedule 3 - Motor vehicles used to demonstrate an ability to control a class
[r. 4A]
Column 1 Column
Class Motor vehicle description R A motorcycle with an engine capacity exceeding 250 ml. C A motor vehicle of class C. LR A motor vehicle of class LR. MR A motor vehicle of class MR except a prime mover. HR A motor vehicle of class HR, except a prime mover, that
has 3 or more axles and a GVM exceeding 15 t.
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Column I Column 2
Class Motor vehicle description HC A prime mover that -
(a) has 3 axles and a GVM exceeding 15 t; and (b) is attached to one semi-trailer that has at least GVM of not less than 16 t and a length of not less than 10 m.
OR
A motor vehicle, other than a prime mover, that -
(a)
has 3 or more axles and a GVM of more than 15 t; and
(b)
is attached to a trailer that has an unladen mass exceeding 4 500 kg, a GVM of not less than 16 t and a length of not less than 7 m.
MC A prime mover - (a) that—
(I) has 3 axles and a GVM exceeding 15 t;
(ii) is attached to a semi-trailer and a trailer thateach have at least 2 axles, an unladen mass exceeding 4 500 kg, a GVM of not less than 16 t and a length of not less than 10 m;
or
(b) that —
(I) has 3 axles and a GVM exceeding 15 t; and
(ii) is attached to 2 semi-trailers that each have at 4 500 kg, a GVM of not less than 16 t; and
(iii) together with the semi-trailers has a length of not less than 22 m.
OR
A motor vehicle of class HR that -
(a) has 3 axles and a GVM of more than 15 t; and
(b) is attached to 2 trailers that each have at least GVM of not less than 16 t and a length of not less than 7 m.
Schedule 4 - Prerequisite driver's licences
[r. 4B]
Co/urn ii i Column 2 Column 3 (lass Prerequisite licence Period
R
A licence that is appropriate to a motor cycle (other than a moped) that has an engine capacity not exceeding 250 ml............ one year
I R A licence that is appropriate to a motor
vehicle of class C............................................ one yearMR A licence that is appropriate to a motor
vehicle of class C............................................ one year
9 February 2001 GOVERNMENT GAZETTE, WA 787
Column 1 Column 2 Column 3 Class Prerequisite licence Period HR A licence that is unrestricted for the
purposes of section 45(4) of the Act and
that is appropriate to a motor vehicle of
class C .............................................................2 years
HC A licence that is unrestricted for the
purposes of section 45(4) of the Act and
that is appropriate to a motor vehicle of
class C ............................................................. 3 years AND
A licence that is unrestricted for the
purposes of section 45(4) of the Act and
that is appropriate to a motor vehicle of
class MR or HR............................................... one yearMC A licence that is appropriate to a motor
vehicle of class HR or HC............................... one yearSchedule 5— Vehicle running costs
[r. 5(2)(b)}
Description of vehicle Rate per kilometre A motor vehicle powered by - (a)
an engine (other than a rotary engine) with a capacity that does not exceed 1 600 cm ; or
(b) a rotary engine with a capacity that
does not exceed 800 cm3 .................. 45.9 cents A motor vehicle powered by -
(a) an engine (other than a rotary
engine) with a capacity exceeds
1 600 cm' but does not exceed
2 600 cm3; or(b) a rotary engine with a capacity that
exceeds 800 cm3 but does not exceed
300 cm3 .......................................... 1 54.9 cents
A motor vehicle powered by -
(a) an engine (other than a rotary
engine) with a capacity that exceeds
2 600 cm3; or(b) a rotary engine with a capacity that
exceeds 1 300 cm3 ............................ 55.8 cents Schedule 6 - Prescribed classes of licence
conditions or limitations
[r.513]
Column 1 Column 2
Class Condition or limitation A
The holder of a driver's licence appropriate to a motor vehicle may drive the motor vehicle if and only if it is fitted with automatic transmission.
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Column 1 Column 2
Class Condition or limitation B
The holder of a driver's licence appropriate to a motor vehicle may drive the motor vehicle if and only if it is fitted with automatic or synchromesh transmission.
E
The holder of a driver's licence appropriate to a motor cycle may drive the motor cycle if and only if it has an engine capacity not exceeding 250 ml.
N The holder of a driver's licence appropriate to a motor
cycle may drive the motor cycle if and only if it is a
moped.S The holder of a driver's licence is not to drive a motor
vehicle to which the licence is appropriate unless the
licence holder wears corrective eye lenses while driving.Z The holder of a driver's licence may drive a motor
vehicle to which the licence is appropriate if and only if
the licence holder has a blood alcohol concentration less
than 0.02%.
Schedule 7 - Trailer towing limits
[r. 51)]
1. Motor vehicles of class C
(1) A motor vehicle of class C may be used to tow one trailer
that has a GVM specified in this clause, and no other trailer.(2)
The GVM of the trailer is not to exceed that recommended by the manufacturer of the motor vehicle as the maximum laden mass of a trailer that may be towed by the motor
vehicle. (3) If no such mass has been recommended by the
manufacturer, or if that recommended mass is not
ascertainable, the GVM of the trailer is not to exceed the
unladen mass of the motor vehicle, unless the trailer is equipped with brakes, in which case -
(a) if an aggregate mass is prescribed in relation to the motor vehicle under Part 14 of the Road Traffic (Vehicle Standards) Regulations 1977, the GVM of the trailer is not to exceed the GVM of the motor vehicle; (b) if an aggregate mass is not prescribed in relation to the motor vehicle under Part 14 of the Road Traffic (Vehicle Standards) Regulations 1977, the GVM of the trailer is not to exceed 1.5 times the unladen mass of the motor vehicle.
2. Motor vehicles of class LR
(1) A motor vehicle of class LR may be used to tow one trailer
that has the GVM specified in this clause, and no other
trailer.
9 February 2001 GOVERNMENT GAZETTE, WA 789
(2)
The GVM of the trailer is not to exceed that recommended by the manufacturer of the motor vehicle as the maximum laden mass of a trailer that may be towed by the motor
vehicle. (3) If no such mass has been recommended by the
manufacturer, or if that recommended mass is not
ascertainable, the GVM of the trailer is not to exceed the
unladen mass of the motor vehicle, unless the trailer is
equipped with brakes, in which case -
(a) if an aggregate mass is prescribed in relation to the motor vehicle under Part 14 of the Road Traffic (Vehicle Standards) Regulations 1977, the GVM of the trailer is not to exceed the GVM of the motor vehicle; (b) if an aggregate mass is not prescribed in relation to the motor vehicle under Part 14 of the Road Traffic (Vehicle Standards) Regulations 1977, the GVM of the trailer is not to exceed 1.5 times the unladen mass of the motor vehicle.
3. Motor vehicles of class MR
A motor vehicle of class MR may be used to tow one trailer that has a GVM not exceeding 9 t, and no other trailer.
4. Motor vehicles of class HR
A motor vehicle of class HR may be used to tow one trailer that has a GVM not exceeding 9 t, and no other trailer.
5. Motor vehicles of class HC
A motor vehicle of class HC may be used to tow one, but no more than one, trailer in addition to the trailer or semi-trailer because of which it is classified as of class HC if the
additional trailer -
(a) has a gross vehicle mass not exceeding 9 t; or (b) is an unladen converter dolly trailer as defined in the Road Traffic (Vehicle Standards)
Regulations 1977. 99
19. First Schedule amended
The First Schedule is amended by deleting the heading and inserting instead -
" Schedule 8—Forms
20. Second Schedule amended
The Second Schedule is amended by deleting the heading and inserting instead -
Schedule 9 - Offences prescribed for section 103 of
the Act
[r. 101
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21. Schedules 10 and 11 inserted
After Schedule 9 the following Schedules are inserted -
Schedule 10— Prerequisites for the grant of a
learner's permit
[r. 12B(4)]
('olii,,,,i 1 column 2 ('lass Prerequisite R The person is to hold a driver's licence appropriate to a
class R motor vehicle with a class E endorsement.1. K The person is to hold a driver's licence appropriate to a
class C motor vehicle.MR The person is to hold a driver's licence appropriate to a class C. HR The person is to have held a driver's licence appropriate to a class C motor vehicle for a period of one year. HC The person is to have held a driver's licence appropriate
to a class C motor vehicle for a period of 2 years.
AND
The person is to hold a driver's licence appropriate to a
class MR or HR motor vehicle.MC The person is to hold a driver's licence appropriate to a class HR or HC motor vehicle.
Schedule 11 - Fees
[r. 14A(1)]
$
1. Application for a driver's licence -
(a) including one driving test to satisfy the
Director General that the applicant is
able to control a motor vehicle of the
appropriate class -(i) where the motor vehicle is not of class HC or MC.....................47.30
(ii) where the motor vehicle is of class HC or MC .........................135.95
(b) where the motor vehicle is of class MC
(in which case a driving test is
conducted by someone other than the Director General) or where a driving test is not required to satisfy the
Director General that the applicant is able to control a motor vehicle of the appropriate class.....................................
36.95
9 February 2001 GOVERNMENT GAZETTE, WA 791
$
2. Each additional driving test required to satisfy the Director General that an applicant is able to control a motor vehicle of the appropriate class, or that a condition or limitation endorsed on a
driver's licence should be revoked -
(a) where the motor vehicle is not of class
HCorMC.............................................. 24.25 (b) where the motor vehicle is of class HC
orMC.................................................... 99.00
3. For each duplicate tax invoice provided in
respect of fees paid for any additional driving
tests referred to in item 2.................................... 6.50 4. Grant or renewal of a driver's licence -
(a) where the licence is granted or renewed
for a period of 12 months...................... 30.65 (b) where the licence is granted or renewed
for a period of 5 years ........................... 97.10 (c) for a period determined under regulation 5A(2), not being a period
provided for by paragraph (a) or (b) ..... for each year or part of a year to which the
licence
relates, )/of the fee
under
paragraph
(b)
5. Application for the endorsement of a driver's licence as of class F or class T under regulation 5 -
(a) where the application is made within 15 days of the expiry of an endorsement
of that class on the licence ..................... nil
(b) in any other case..................................... 71.70
22. Transitional and saving
Schedules I and 2 have effect.Schedule I - Transitional and saving
[r. 22]
1. Interpretation
In this Schedule -
"commencement day" means the day on which these regulationscome into operation;
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"continuing driver's licence" means a driver's licence granted
before the commencement day that would have continued after
the beginning of that day had these regulations not come intooperation;
"continuing learner's permit" means a learner's permit granted
before the commencement day that would have continued after
the beginning of that day had these regulations not come intooperation;
"learner's permit" means a permit under section 48C of the Act.
2. Transition of drivers' licences
(1) A continuing driver's licence that, immediately before the
commencement day, was appropriate to a motor vehicle of a class
specified in Schedule 2 column 1 continues as if these regulations hadnot come into operation, but as a driver's licence —
(a) for a motor vehicle of a class specified in column 2 opposite the class specified in column 1; (b) subject to any condition or limitation specified in column 3 opposite the class specified in column 2 (in addition to any condition or limitation to which the licence may have been subject before the commencement day); and (c) endorsed with any class of authorisation specified in column 4 opposite the class specified in column 2.
(2) If the driving authorised by a continuing driver's licence is, as a result
of subclause (1), more restricted than it would have been if these
regulations had not come into operation, the licence also authorises
driving that the licence authorised before the commencement day, but
that authorisation is limited to the transitional period.
(3) The transitional period for a driver's licence is the period during the
year commencing on the commencement day while the licence, or the
licence as renewed, continues in force.3. Applications to vary continuing driver's licences
(1) A person whose driver's licence authorises additional driving under
apply to the Director General for the licence to be varied as necessary clause 2(2) may, at any time while the additional driving is authorised, to authorise the additional driving without the limitation referred to in
clause 2(2).
(2) An application under subclause (1) is to be —
(a) in a form approved by the Director General; and (b) accompanied by such proof of the applicant's driving experience as the Director General may require, verified by statutory declaration.
(3) On an application under subclause (1), the Director General is to grant the variation if the Director General is satisfied that the applicant has demonstrated his or her ability to control a motor vehicle to which the variation applies and satisfied any requirements prescribed in relation to a licence for the vehicle.
(4) The Director General may, in satisfaction of the requirement that the applicant demonstrate an ability to control the motor vehicle, accept evidence other than that obtained from a driving test.
9 February 2001 GOVERNMENT GAZETTE, WA 793 4. Transition of learner's permits
(1) A continuing learner's permit that, immediately before the
commencement day, was appropriate to a motor vehicle of a class
specified in Schedule 2 column 1 continues as if these regulations hadnot come into operation, but as a learner's permit -
(a)
for a motor vehicle of a class specified in column 2 opposite the class specified in column 1; and
(b)
subject to any condition or limitation specified in column 3 opposite the class specified in column 2 (in addition to any condition or limitation to which the permit may have been subject before the commencement day).
(2) Regulation 4B of, and Schedule 4 to, the Road Traffic (Drivers'
Licences) Regulations 1975 do not apply to the holder of a continuing learner's permit.
Schedule 2—Table of motor vehicle classes, limitations
and endorsements
Ir. 221
C'olninn I C'olu inn 2 Column 3 Column
Former Present Condition or Limitation Authorisation class class A C B HR C HC E C class F MR class F H LR I C The holder of the licence or
permit may drive a tractor
(not prime mover type) that
has a GVM not exceeding
4 500 kg, but no other motor vehicle of class C.
J MR The holder of the licence or
permit may drive a tractor
(not prime mover type) that
has a GVM exceeding 4 500
kg and that has 2 axles, but
no other motor vehicle of
class MR.K R L R class M R The holder of the licence or
permit may drive a motor
cycle with an engine capacity
not exceeding 100 ml and
that is not fitted with a hand
or foot operated clutch, but
no other motor cycle.
| 794 | GOVERNMENT GAZETTE, WA | 9 February 2001 |
Column I Column 2 Column 3 Column 4 Former Present Condition or Limitation Authorisation class class N R class N C class 'l' By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
0
0
0