Road Traffic (Infringements) Amendment Regulations 1996 (WA)

17 January 19971 GOVERNMENT GAZETTE, WA 439

TRANSPORT

TRS01

ROAD TRAFFIC ACT 1974

ROAD TRAFFIC (INFRINGEMENTS) AMENDMENT	REGULATIONS 1996
subregulation designation "(1)";

Made by His Excellency the Governor in Executive Council.

Citation

1.     These regulations may be cited as the Road Traffic (Infringements)

Amendment Regulations 1996.

Principal regulations

2.     In these regulations the Road Traffic (Infringements) Regulations 1975*

are referred to as the principal regulations.

[* Reprinted as at 4 June 1996.]

Regulation 4 amended

3.      Regulation 4 of the principal regulations is amended —

(a) by inserting after the regulation designation "4." the

440 GOVERNMENT GAZETTE, WA [17 January 1997

(b) by deleting "and (5)" and substituting the following -

it

and, subject to subregulation (2), section 102 (5) "; and

(c) by inserting the following subregulation -

is

person is a prescribed officer, in relation to the notice for (2) For the purposes of section 102 (5) of the Act, a

withdrawing a traffic infringement notice issued for the alleged offence referred to in regulation 7 (1) (c), if the person holds office as -

(a) the Prosecutions Officer, Licensing Division,	Department of Transport; or
(b) the Manager, Legislative and Legal Services,	Department of Transport.

Regulation 6 amended

4.     Regulation 6 of the principal regulations is amended by deleting "his

motor driver's licence number or date of birth where indicated on and

substituting the following -

it

any information required by, and where indicated on, ".

Regulation 7 amended

5.     (1) Regulation 7 (1) of the principal regulations is amended -

in paragraph (a), by inserting after "paragraph (b)" the

(a) following -

it

or (c)

(b)	by deleting the full stop at the end of paragraph (b) and
substituting a semicolon; and
(c)	by inserting after paragraph (b) the following paragraph -

"

(c)	where the notice is issued for an alleged offence
against section 24 (2) of the Act, the form set out in Form 2A in the Second Schedule.

Regulation 7 (2) of the principal regulations is amended by deleting

"The" and substituting the following -	(2)
Subject to subregulation (3), the ".

subregulation is inserted -	(3)	After regulation 7 (2) of the principal regulations the following
it

for the alleged offence referred to in subregulation (1) (c), the prescribed form of the notice for withdrawing the traffic infringement notice is the	(3) If the traffic infringement notice to be withdrawn was issued
form referred to in subregulation (2) but amended so that the details on	the form that refer to the prescribed officer are appropriate to a
prescribed officer mentioned in regulation 4 (2).

17 January 19971 GOVERNMENT GAZETTE, WA 441

Second Schedule amended

6. The Second Schedule to the principal regulations is amended by

inserting after Form 2 the following form -

FORM 2A

[Reg. 7 (1) (c)]

Road Traffic Act 1974

Road Traffic (Infringements) Regulations 1975

TRANSPORT

Department of Transport

Traffic Infringement Notice	Licensing Division
Transfer of Vehicle Licence	Enquiries

VEHICLE PLATE NUMBER

(number to be inserted here]

PAYMENT DUE BY

[name and address of person to be	(date to be inserted here]
served with this notice to be inserted here]
Infringement Details:

It is alleged that you committed the offence of failing to transfer the licence for vehicle [details of vehicle to be inserted here] within 28 days of becoming the owner of the vehicle.

(1)	to be paid to be inserted here] as shown below and complete the If you want this matter dealt with by this notice, you must pay (amount
Declaration (Part C) on the reverse of this notice. You must pay this amount before [date to be inserted here].
(2)	You can elect to have this matter dealt with by a court. To do this,
by completing Electing Action by a Court (Part B) on the reverse of this notice. You must return this notice before [dote to be inserted here], advise the Department of Transport Licensing Division of your intentions
otherwise you will be liable to incur further costs. Do not pay the fees referred to in this notice.
OR
(3)	this notice. Instead, complete the Statement (Part A) on the reverse of this notice and return it to the Executive Director, Department of
If you did not purchase this vehicle, do not pay the fees referred to in
Transport Licensing Division as soon as possible.

If you take no action this matter may be registered with the Fines Enforcement Registry, after which your driver's licence or any vehicle licence held by you may be SUSPENDED. If the matter is registered with the Registry, you are liable to incur additional costs.

If the above address is not your current address, or if you change address, it is important that you advise us immediately. Failure to do so may result in your driver's licence or any vehicle licence held by you being suspended.

Infringement No.:  Offence date: Offence code:

442 GOVERNMENT GAZETTE, WA [17 January 1997

Fees Payable;	Total Amount
Stamp Duty:	Transfer Fee:
Stamp Duty Fine:	Penalty:

[total amount to be

inserted here]

The amount payable in this notice is not paid until the imprint of the cash register or other

authority is affixed DO NOT DETACH

PAYMENT DUE BY

[date to be inserted here)

How to Pay

VEHICLE PLATE NUMBER (number to be inserted here)

To pay in person, you should present this notice Intact at any of

the following places: [details of places to be inserted here]

OR

To pay by post, you should send this notice Intact with a bank

cheque, personal cheque, or money order payable to the Department to be inserted here] Department of Transport at the following address: [address of

[Have you completed the reverse of this notice?]

(Reverse of this notice)

IMPORTANT INFORMATION

You must complete Part A, B or C below.

DEFINITIONS

1.        The *purchase price" of a vehicle includes:

(a) any amount allowed by the seller of a vehicle on a trade-in or an

exchange of any article; and

any amount paid to the seller of a vehicle for things included with

(b) or incorporated into the vehicle or for the preparation of the

vehicle for delivery to the purchaser.

2.        The "market value" of a vehicle means the market value of the vehicle at the time of the application for it to be transferred from the previous owner under Part C.

3.       As a general rule, the market value of a vehicle is the same as its

and adding any special discount allowed which is not available to the purchase price, including any amount referred to in 1 (a) and (b) above,

public generally (such as a sales tax exemption).

Warning; A transferee who understates the purchase price or market
value of a vehicle commits an offence under the Stamp

Act 1921 and is liable to a penalty of $10 000. The

transferee I. also liable for the payment of the stamp duty	that was not paid as a result of the understated purchase
price, together with a fine of 100% of that duty.

17 January 19971 GOVERNMENT GAZETTE, WA 443

STATEMENT

Part A

I................... ..........................................

(your full name in BLOCK LETTERS)

of ............................................................

(your address in BLOCK LETTERS)

representing ...................................................

(name of company, if applicable)

declare that, in relation to the offence stated on the front of this notice, the

vehicle described was:

*sold by me on behalf of:  *purchased by me on behalf of:

[sdelete whichever is not applicable]

(full Name in BLOCK LETTERS)

(address in BLOCK LETTERS)

Date of Sale... I. .. I.

Signature ..................................Date . . . I. . . I...	(signature of person making this statement)
In case further information is necessary to finalize this matter, please supply us with your daytime telephone number, if convenient: (Tel:	)

ELECTING ACTION BY A COURT

Part B

I elect to have this matter dealt with by a court. I understand that I may

receive a summons for this offence. My address for service of the summons is:

Name (in BLOCK LETTERS) .........................................

Vehicle number ...........Infringement number .....................

Signature..........................	Date ... I. .. I..
Return this page intact to: Transfers and Recoveries Section, Department of

Transport, Licensing Division [address of Department to be inserted here].

DO NOT DETACH

DECLARATION

Part C

1. I................... ..... ...

(your full name in BLOCK LETTERS) I I I I I I I I DRIVER'S LICENCE NUMBER

of ..................................

(your residential address in BLOCK LETTERS)

(your postal address in BLOCK LETTERS)

I I II DATE OF BIRTH I II I I

444 GOVERNMENT GAZETTE, WA [17 January 1997

representing

(name of company, if applicable)

AUSTRALIAN COMPANIES NUMBER

(if applicable)

apply for the vehicle, the details of which are shown on the front of this

notice, to be transferred from the previous owner.

2. I purchased this vehicle and its purchase price E I I 1

was $ (for the definition of "purchase price" see above) DEALER ORGANIZATION CODE

3. The market value of the vehicle at the time of making this declaration

is $ (for the definition of 'market value" see above)

4. DEALER'S CERTIFICATE — SECTION 76C (7) STAMP ACT 1921 (to be completed by motor vehicle dealers only)

As the person, or an authorized officer of the company, referred to above, I certify that the motor vehicle described on the front of this notice will be used for the purpose of resale in the ordinary course of business.

5. Signature Date ... / ... I... „

By His Excellency's Command,

J. PRITCHARD, Clerk of the Council.