Road Traffic (Infringements) Amendment Regulations 2005 (WA)
23 December 2005 GOVERNMENT GAZETTE, WA 6285 TR309*
Road Traffic Act 1974
Road Traffic (Infringements) Amendment
Regulations 2005
Made by the Lieutenant-Governor and Administrator in Executive
Council.1. Citation
These regulations are the Road Traffic (Infringements)
Amendment Regulations 2005.2. Commencement Road Traffic Amendment Act 2000 comes into operation.
(1) Regulation 3(1) is amended by deleting "the First Schedule" and
inserting instead —
" Schedule 1 ".(2) Regulation 3(2) is amended by deleting "column 1 of the First
Schedule," and inserting instead —
" Schedule 1 column 1 ". 3. The regulations amended
The amendments in these regulations are to the Road Traffic
(Infringements) Regulations 1975*.
[* Reprinted as at 18 February 2000.For amendments to 14 December 2005 see Western p. 352-3.]
4. Regulation 3 amended
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5. Regulation 4 amended
Regulation 4(1) is repealed.
6. Regulation 7 amended
(1) Regulation 7(1) is repealed and the following subregulation is
inserted instead -
(1) The prescribed form of the traffic infringement notice
referred to in section 102(1) of the Act is -
(a) except in a case to which paragraph (b), (c), (d)
or (e) applies, the form set Out in Schedule 2
Form 1;(b) in the case of a traffic infringement notice
under section 102A of the Act, the form set Out
in Schedule 2 Form 1, made out to the
responsible person;(c) in the case of a traffic infringement notice
under section 102B of the Act, the form set out
in Schedule 2 Form 2;(d) in the case of a traffic infringement notice
issued for an alleged offence under
section 24(2d) of the Act, the form set out in
Schedule 2 Form 3; and(e)
in the case of a notice requesting information under section 102C(1) of the Act that is to be regarded as a traffic infringement notice, the form set out in Schedule 2 Form 4.
(2) Regulation 7(2) is amended by deleting "Form 3 in the Second
Schedule." and inserting instead -
Schedule 2 Form 5.
7. First Schedule amended
The First Schedule is amended as follows:
(a)
by deleting the Schedule heading and inserting instead -
Schedule 1 - Prescribed offences and
modified penalties
(b) by deleting item 2 and inserting the following item instead - 2. Section 24(2d) Failure to apply for the transfer of a vehicle
licence within 28 days after the issue of a
notice under section 24(2a)(b) .................. 2
23 December 2005 GOVERNMENT GAZETTE, WA 6287 8. Second Schedule amended
(1) The Second Schedule is amended by deleting the Schedule
heading and inserting instead -Schedule 1 - Prescribed offences and
modified penalties
(2) The Second Schedule is amended by deleting Form 2, Form 2A
and Form 3 and inserting the following Forms instead -
Form 2
TRAFFIC INFRINGEMENT NOTICE - PHOTOGRAPHIC EVIDENCE
Road Traffic Act 1974 section 102B
To: Notice No.: Address: Vehicle No.: It is alleged that the following offence occurred and that you were a responsible person for the vehicle. Offence: Location: Offence date: Offence time: Issuing officer:
Rank and No.: Demerit points: 1. If you were NOT the driver or person in charge of the vehicle at the time of the offence alleged in Part A. notify the issuing officer.
2. You may elect to have the offence alleged in Part A heard in the Magistrates Court.
3. You may pay the modified penalty specified below on or before the due date specified below.
MODIFIED PENALTY: I I DUE DATE: I The officer to whom payment may be made is to be specified here
[Payment details to be included with this form]
Details of options, information that may be required and the consequence of non-payment should be set out as part of the
Form. Form 3 TRAFFIC INFRINGEMENT NOTICE - FAILURE TO APPLY FOR TRANSFER OF VEHICLE LICENCE
Road Traffic Act 1974 sections 24(2d) and 102(1)
To: Notice No.: Address: Vehicle No.: It is alleged that the following offence occurred and that you were a responsible person for the vehicle
Offence details: It is alleged that you committed the offence of failing to make an application for the transfer of the licence for
the vehicle within 28 days (or any longer period allowed by the Director General) after a notice has been
issued to you under the Road Traffic Act 1974 section 24(2a)(b).Offence date: Person issuing notice:
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1. You may elect to have the offence alleged in Part A heard in the Magistrates Court by filling in Part Eon page 2 of this notice
2. If you have not become the owner of the vehicle, you may choose not to pay the modified penalty specified below and instead complete Part F on page 3 of this notice and return it to the Department for Planning and Infrastructure at P0 Box R1290 GPO Perth 6844 as soon as possible. Note however the further information in Part D.
3. You may pay the amount specified below on or before the due date specified below. If you do so you must complete Part G on page 3 of this notice.
Amounts payable:
Stamp duty:
Transfer fee:
Stamp duty fine: 1 Modified penalty:
TOTAL AMOUNT DUE: DUE DATE: Please note the further information in Part D (overleaf). If paying by post send this slip with your payment to: Department for Planning and Infrastructure Payment Centre GPO Box K777 Perth
WA 6842.
S paying in person present this notice mist r at any Austraia Post Office or agency. Infringement Complete this authorization for credit card payments Due date:
P sass de Ty V sa l,las:c.rcard Bankcard Amount due: Cheques and money orders must be
Cardholder name Card expiry made payable to the Department for
Planning and Infrastructure".
S:gnature Date /'age 2 ?t 101711 -
• PART iii YOUR OPTIONS — FURTHER DETAILS IMPORTANT INFORMATION:
If, on or before ...............................you have not either paid the modified penalty or elected to have the alleged offence determined in
court, then this infringement notice will, unless the notice is withdrawn on the basis of information provided by you in Part E, be
registered at the Fines Enforcement Registry. You will incur further costs and a vehicle licence suspension may be imposed. If any
information provided by you in Part E does not lead to the withdrawal of this notice, you will be notified by mail.PAYMENT will only be accepted if -
the payment is received on or before ..............................(no extensions will be given);
the payment is made in full (part payments will not be accepted): andthe payment is made to the Department for Planning and Infrastructure, Payment Centre, an Australia Post Office or agency.
Cheques and money orders must be made payable to the 'Infringement Payment Centre",
I elect to have the offence alleged in Part A heard and determined in court. I understand that I will receive a summons in due course.
Signature: Date: If the address for that summons differs from that printed on the front page of this notice enter the new address below.
Address: Suburb: Postcode: Mail this completed form to the Department for Planning and Infrastructure P0 Box R1290 GPO Perth 6844. Page 3 o/I'orn, 3 Statement being authorised to make statements for ......................................................[if this notice is not addressed to an individual] declare that I am not the owner of the vehicle stated on the front of this notice and that the vehicle is instead owned by -
Surname: Given name: Ph.: Address: Suburb: Postcode:
Signature of person making statement: Date: 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 (b) any amount paid to the seller of a vehicle for things included with 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 purchase price, including any amount referred to in 1(a) and (b)
above, and adding any special discount allowed which is not available to the 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 S10 000. The transferee is 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.
23 December 2005 GOVERNMENT GAZETTE, WA 6289 APPLICATION
1. I apply for the vehicle, the details of which are shown on the front of this notice, to be transferred from the previous owner.
Surname: Given name: Ph.: Address: Suburb: Postcode: Driver's Licence: Company (if any): ACN: 2. I purchased this vehicle and its purchase price was: Dealer organisation code (if any):
3. The market value of the vehicle at the time of making His declaration is:
Signature of person making application: Date:
I
DEALER'S CERTIFICATE STAMP ACT 1921 SECTION 76C(7)
(To be completed by motor vehicle dealers only)
As the person, or an authorised 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.Dealer organisation code:
Signature: Date: Mail this completed form to the Department for Planning and Infrastructure P0 Box R1290 GPO Perth 6844.
Form 4
NOTICE REQUESTING INFORMATION (TRAFFIC INFRINGEMENT NOTICE - PHOTOGRAPHIC EVIDENCE
Road Traffic Act 1974 section 102C(1)
To: Notice No.: Address:
Specified Day: Vehicle No.:
Offence:
Location:
Offence date: Offence time: Issuing officer:
Rank and No.: Demerit points: 1. The primary purpose of this notice is for you to advise the WA Police who was driving or in charge of the vehicle at the time of the offence alleged in Part A. To do this you may complete and return one of the Divisions of Part F of this notice within 14 days of the specified day (specified at the top of this form) to avoid the modified penalty below.
2. If photographic evidence of the offence was enclosed with this notice and you failed to comply with s.102C(3) of the Act within 14 days after the specified day shown above, you commit an offence which may be dealt with in the magistrates Court or by paying the modified penalty shown in this Part to the officer specified in Part E within 28 days after the specified day shown above.
Please note that there is further information in Part E (overleaf).
MODIFIED PENALTY: DUE DATE: The images below are a representation of the original photographic evidence. Due to the limitations of printing photographs in this format they are not intended or expected to duplicate the quality of the original images.
(Photographs of vehicle)
These images identify the vehicle. There is no legal requirement for them to identify the driver of the vehicle. You, as the responsible person for this vehicle, are required to identify the driver at the time. These images may assist you in this identification. [Does not apply if photographic evidence not enclosed]
[Payment details are to be included with this form and the officer to whom payment may be made is to be specified here ]
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Res',:ee of Porn: 4
PARTE YOUR OPTIONS — FURTHER DETAILS IMPORTANT INFORMATION: If you fail to comply with s.102C(3) of the Act, then - this notice is to be regarded as an infringement notice for your failure to comply; the amount due under Part B is the modified penalty for that failure to comply; and
unless you, by ...............................either (1) pay the modified penalty within the time specified or (2) elect to have the matter dealt
with in court; you may be liable for extra costs.
PAYMENT will only be accepted if -
the payment is received on or before ...............
the payment is made in full; andthe payment is made as specified in this notice
`AF I H INI-0I-tMA I ION NEGANUING WHO WAS DRIVING ON IN CHANGE OF I HE VEHICLE Please complete Division 1 OR 2Cr, it photographic evidence was enclosed, Division J.
Division 1: The person who was driving/in charge of (delete whichever is inapplicable( the vehicle was —
Suriname: Given name: Ph.:
Address: Suburb: Postcode: Name of person making statement: Position: Signature: Date: Division 2: At the time of the offence the vehicle was stolen / unlawfully taken or used (delete whichever is inapplicable).
Date, time and circumstances in which you discovered vehicle had been stolen / taken / unlawfully used:
Name of person making statement: Position: Signature: Date: Division 3: Statutory Declaration authorised to make statements for ......................................................do solemnly and sincerely declare that I do not know and cannot reasonably ascertain the name and address of the driver or person in charge of the vehicle at the time of the offence alleged in Part A, and I make this solemn declaration by virtue of section 106 of the Evidence Act 1906.
Declared at Before:
Signature: Date: Signature: Date: JP. CD. Police Officer etc.
Mail or personally deliver this completed form to the officer in charge, Infringement Management and station.
Form 5
WITHDRAWAL OF TRAFFIC INFRINGEMENT NOTICE
Road Traffic Act /974 section 102(5) or 102C(5)
Notice No.:
AN INFRINGEMENT NOTICE SERVED ON YOU HAS BEEN WITHDRAWN. ANY PAYMENT THAT HAS BEEN MADE WILL BE
REFUNDED AND -NO FURTHER ACTION WILL BE TAKEN
A SUMMONS WILL BE ISSUED
delete whichever is not applicable)
Notice No.: Date notice withdrawn: I
PART C PRESCRIBED OFFICER WHO ISSUED THIS NOTICE Name: Signature: I By Command of the Lieutenant-Governor and Administrator,
G. M. PIKE, Clerk of the Executive Council.
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