Road Traffic (Infringements) Amendment Regulations (No. 3) 1997 (WA)
| 7444 | GOVERNMENT GAZETTE, WA | [23 December 1997 |
| TR305 |
ROAD TRAFFIC ACT 1974
ROAD TRAFFIC (INFRINGEMENTS) AMENDMENT REGULATIONS
(No. 3) 1997
Made by the Governor in Executive Council.
Citation
1. These regulations may be cited as the Road Traffic (Infringements)
Amendment Regulations (No. 3) 1997.
" penalty ";
Commencement
2. These regulations come into operation on the day on which the Road
Traffic Amendment Act 1997 comes into operation.
Principal regulations
3. In these regulations the Road Traffic (Infringements) Regulations 1975*
are referred to as the principal regulations.
r Reprinted as at 4 June 1996.
For amendments to 8 December 1997 see 1996 Index to Legislation of Western Australia, Table 4, p. 235 and Gazette 17 and 31 January, II April and 30 May 19971
Regulation 3 amended
4.. Regulation 3 of the principal regulations is amended —
(a)
in subregulation (1) by deleting "amount" and substituting the following —
23 December 19971 GOVERNMENT GAZETTE, WA 7445
(b)
in subregulation (3) by deleting "$25." and substituting the following -
one penalty unit (1 PU). "; and
(c) in subregulation (4) by deleting "$50." and substituting the following -
two penalty units (2 PU). ".
Regulation 6 amended
5. Regulation 6 of the principal regulations is amended by deleting
"Penalty: $100." and substituting the following -
Penalty: Four penalty units (4 PU). ".
First Schedule deleted and a Schedule substituted
6. The First Schedule to the principal regulations is deleted and the
following Schedule is substituted -
a
First Schedule
[Reg. 3]
Provision Creating
Offence Nature of Offence PU
Road Traffic Act 1974
1. Section 24 (1) Failure of licence holder to forthwith notify change
of vehicle ownership ....................... 2 2. Section 24 (2) Failure to apply within 28 days for transfer of a
vehicle licence on becoming the owner .......... 2 3. Section 27 (3)
Failure to affix or keep affixed registration label .. 1 4.
Section 48A
Failure to produce on demand a cancelled or suspended licence, or a licence of which the holder
is disqualified ............................ 2 5. Section 49 (1)
Driving without appropriate, valid licence ....... 2 6. Section 50A (1) Failure of overseas or interstate visitor to carry or
produce driver's licence or its equivalent or permit 1
7. Section 53 (2) Failure to produce a driver's licence within a
reasonable time after demand, or at all ......... 1 S. Section 62
Careless driving .......................... 2 9.
Section 64AA
Driving or attempting to drive a motor vehicle while the percentage of alcohol in the driver's blood
equals or exceeds 0.05% .................... 2 10. Section 86 (2)
Unlawfully parking on land not a road ......... 1 11. Section 93
Failure to produce driver's licence in court ...... 1 Road Traffic Code 1975
12.
Regulation 202
Disobedience by driver or pedestrian of a signal or direction of a member of the Police Force, fireman, ambulance officer or accredited pilot ...........2
13. Regulation 304 Disobeying a direction on a traffic sign .........2 14. Regulation 401 Failure to comply with direction of traffic control
signal displaying amber signal ...............2 15. Regulation 401 Failure to comply with direction of traffic control
signal displaying a red signal ................3
16. Regulation 402 (1) (4) Turning or driving contrary to directions on road
and (7) traffic signs .............................. 2
| 7446 | GOVERNMENT GAZETTE, WA | [23 December 1997 |
First Schedule—continued
Provision Creating Nature of Offence PU Offence
17. Regulation 402 (2) and Driving in wrong direction or entering 'No Entry'
(3) carriageway ............................. 2 18.
Regulation 402 (5) Overtaking or passing contrary to direction on a
traffic sign ............................... 2
19. Regulation 402 (6) (a) Overtaking or driving a vehicle on a bridge
and (b)contrary to direction on a traffic sign ........... 2 20. Regulation 402 Exceeding speed limit on a bridge by - (6) (c)
(a) not more than 9 km/h ................ 1
(b) more than 9 km/h but not more than
19 km/h ........................... 2 (c) 29 km/h more than 19 km/h but not more than
........................... 3
(d) more than 29 km/h but not more than
40 km/h ........................... 5 (e)
more than 40 km/h .................. 7
21. Regulation 402 (8) Failure to stop or give way at a Stop sign ....... 3 22. Regulation 402 (9) Failure to give way at a Give Way sign ......... 3 23. Regulation 403 Unlawfully driving a vehicle in a bus lane or bus-
taxilane ................................ 2
24. Regulation 404 Unlawfully driving a vehicle in a contra flow bus
lane.................................... 2
25. Regulation 502 (1) (3) Offences relating to overtaking ............... 2 (4) (5) and (6) 26. Regulation 504 Failure to keep left of an approaching vehicle ... . 2 27.
Regulation 506
Driver diverging from lane or line of traffic when unsafe to do so, or crossing continuous line on approach to intersection ....................2
28. Regulation 507 Driving to the right of a traffic island on a
roundabout ..............................329.
Regulation 508
Crossing double lines, except for thepurpose of lawfully entering a contra flow bus lane or making alawful turn .............................3
30. Regulation 509 Following another vehicle too closely ...........2
31. Regulation 510 Driving on the wrong side of a median strip .....3 32. Regulation 511 Crossing the centre line of a road on a curve or
crest when unable to see the way is clear .......333.
Regulation 512
Failure to drive a vehicle permitted to travel in a contra flow bus lane completely within the boundaries of the lane ......................2
34. Regulation 602 Failing to give way to a vehicle on the right at an
intersection..............................335.
Regulation 603
Failing to give way to any pedestrian or oncoming vehicle when turning at an intersection or to pedestrian or any other vehicle when making a U turn....................................3
36.
Regulation 604 (1)
Failing to give way to any vehicle or pedestrian when driving into or out from a parking area or boundary of a carriageway ...................2
37. Regulation 604 (2)
Reversing out of parking bay in centre of road ... 2 38. Regulation 605 Failure to give way to an emergency vehicle .....3 39. Regulation 606 Failing to give way to vehicles and pedestrians
when entering or leaving land abutting a road ... 2 40. Regulation 608
Failing to give way to vehicles on a roundabout .. 3 41. Regulation 609 Failing to give way at an intersection when
approaching from terminating road ............323 December 19971 GOVERNMENT GAZETTE, WA 7447 First Schedule—continued
Provision Creating Nature of Offence PU Offence
42. Regulation 610 Failure when leaving an unsealed road to give way
at an intersection to vehicles on sealed road .....343.
Regulation 701
Failing to give way to a pedestrian on a pedestrian crossing, or entering crossing while other vehicle heading in same direction is giving way ........
4
44. Regulation 705 (1) and Failing to stop at a childrens' crossing or entering
(3) childrens' crossing while other vehicle heading in
same direction is giving way .................4
45. Regulation 708 Failure of user of a motorized wheel chair to give
way to a pedestrian ........................246. Regulation 801 Making incorrect left turn ...................2 47.
Regulation 802
Making right turn from the wrong position or making a right turn so as to enter the other
carriageway incorrectly ..................... 2
48. Regulation 803 (1) (2) Turning or diverging right or left or making a U turn or stopping or suddenly decreasing speed without making the prescribed signal or without (3) (4) (4a) (5) and (6)
making it in time ......................... 2
49.
Regulation 805
Making a U turn when turn cannot be made safely or without interference or making a U turn within 30 metres of a traffic control signal ............
2
50. Regulation 901 (1) Offences relating to Railway Level Crossings
(a) failure to comply with a direction or instruction
ofa railway employee ......................2 (b) crossing a railway line when unsafe to do so .. 4 (c) failure to stop at Stop sign at a railway crossing 4 (d) proceeding to cross a railway line contrary to warning lights, signals or bells ...............4 (e) proceeding onto a congested railway crossing .. 4
51. Regulation 901 (2) Failure to stop at railway crossing when carrying
dangerous goods ..........................4 52. Regulation 901 (3) Driving around, under or through a lowered boom
gate at a railway crossing ...................4 53. Regulation 1001 Exceeding speed limit by -
(a) not more than 9 km/h ................1
(b) more than 9 kin/h but not more than
19 km/h ...........................2 (c) more than 19 km/h but not more than
29 km/h ...........................3 (d) more than 29 km/h but not more than
40 km/h ...........................5 (e)
more than 40 km/h ..................7
54.
Regulation 1003 [(c)J
In the specified circumstances, failing to comply with a direction by a servant of a competent
authority ................................2 55.
Regulation 1003 [(d)J
In the specified circumstances, exceeding 30 km/h or 50 km/h as the case may be, when passing road works being done by a competent authority -
(a) not more than 9 km/h ................1
(b) more than 9 km/h but not more than
19 km/h ...........................2
(c) more than 19 km/h but not more than
29 km/h ...........................3 (d) more than 29 km/h but not more than
40 km/h ...........................S
| 7448 | GOVERNMENT GAZETTE. WA | [23 December 1997 |
First Schedule—continued
Provision Creating Nature of Offence PU Offence
(e) more than 40 km/h .................. 7
56. Regulation 1105 Intentional obstruction of carriageway ......... 4
57. Regulation 1201 Driving at night without lit headlights, or without
headlights fitted .......................... 2 58. Regulation 1202A Driving a vehicle in a contra flow bus lane without
the head lamps being alight and dipped ........ 2 59. Regulation 1204 (2) and Not carrying portable warning signs on a heavy (3) vehicle, or not displaying warning signs if heavy
vehicle is disabled ......................... 2
60. Regulation 1205 (1) Riding a bicycle at night without lights or reflectors 2 61. Regulation 1301 (5) Riding a bicycle within 2 metres of a vehicle for more than 22 metres ....................... 2 62. Regulation 1302 (1) and Towing of bicycle or toy vehicle, or allowing a
(2) bicycle or toy vehicle to be towed .............. 2 63.
Regulation 1304 (3) Tying an animal to a moving vehicle ........... 2 64.
Regulation 1306 Being intoxicated while riding an animal or bicycle,
or riding an animal or bicycle recklessly ........ 2
65. Regulation 1503 Driver not wearing a seat belt ................ 3 66. Regulation 1504 Driver failing to ensure passenger between 1 and 14 years wears a seat belt ................... 3 67. Regulation 1505 Driver failing to ensure passenger between 1 and
14 years occupies position with a seat belt ...... 3
68. Regulation 1506 Driver failing to ensure that a child under 1 year is
in a child restraint ........................ 3 69.
Regulation 1507
Driver of passenger car derivative allowing passenger in back of vehicle when seat belt position
unoccupied .............................. 3 70. Regulation 1508
Passenger not wearing seat belt .............. 3 71. Regulation 1509
Passenger not occupying position with a seat belt 3 72. Regulation 1602 (a)
Driving vehicle in reverse when unsafe to do so 2 73.
Regulation 1603
Driving a vehicle on a footway, or a vehicle other than a bicycle on a dual usepath, except to enter or leave a lane or driveway by shortest route, or
driving on or over a median strip ............. 2
74. Regulation 1604 (1) Driving a vehicle without being in a position to
have full control or uninterrupted view, etc...... 2 75. Regulation 1606 Incorrectly carrying a pillion passenger on a motor
cycle................................... 2 76. Regulation 1607
Offences relating to the wearing of protective
helmets by motor cyclists and passengers ....... 2 77.
Regulation 1609
Throwing, dropping, placing or leaving dangerous materials or substances on a road or causing any of those things to be done, or failing to remove any such thing or any object being part of a load that
has fallen onto a road ...................... 2 78. Regulation 1610
Driving a vehicle with an unsecured load ....... 2 79.
Regulation 1618
Driving or drawing or causing to be driven or drawn an implement or thing which is not fitted
with the prescribed wheels, tyres or rims ....... 2 80. Regulation 1619 Driving a vehicle in certain areas so as to create or
cause undue or excessive noise ............... 2 81. Regulation 1620 Failing to comply with the signal to stop given by a (1) (a) and (3) approaching such person from his front or rear, member of the Police Force or, not stopping when
while he is controlling traffic ................. 2 82. Regulation 1803 Driving on a freeway under Learner's Permit or (1) (b) and (d)
driving a tractor on a freeway ................ 2 23 December 19971 GOVERNMENT GAZETTE, WA 7449 First Schedule—continued
Provision Creating Nature of Offence PU Offence
• 83. Regulation 1805 (2) Exceeding 10 km/h in a pedestrian mall by -
(a) not more than 9 km/h ................ 1
(b) more than 9 km/h but not more than
19 km/h ........................... 2
(c) more than 19 km/h but not more than
29 km/h ........................... 3 d) 40 km/h more than 29 km/h but not more than
...........................
(e) more than 4Okm/h .................. 7
84. Regulation 1806 Exceeding 40 km/h in Kings Park by - (2) (a)
(a) not more than 9 km/h ................ 1
(b) more than 9 km/h but not more than
19 km/h ........................... 2
(c) more than 19 km/h but not more than
29 km/h ........................... 3 (d) more than 29 km/h but not more than
40 km/h ........................... 5 (e)
more than 4okm/h .................. 7
85. Regulation 1807 Exceeding 25 km/h on Koolan Island by -
(a) not more than 9 km/h ................ 1
(b) more than 9 km/h but not more than
19 km/h ........................... 2
(c) more than 19 km/h but not more than
29 km/h ........................... 3 (d) more than 29 km/h but not more than
40 km/h ........................... S (e)
more than 40km/h .................. 7
86. Regulation 1808 (1) Exceeding 40 km/h in Greenmount Hill heavy
vehicle speed zone by -
(a) not more than 9 km/h ................ 1
(b) more than 9 km/h but not more than 19
km/h ............................. 2
(c) more than 19 km/h but not more than 29
km/h ............................. 3 (d) more than 29 km/h but not more than 40
km/h ............................. 5 (e)
more than 40 km/h .................. 7
Road Traffic (Vehicle Standards) Regulations 1977
87. Regulation 115 Offences relating to engine numbers ........... 2 88. Regulation 124 Altering vehicle from manufacturer's specifications 2 89. Regulation 404 Offences relating to flashing warning lights 2 90. Regulation 408 Offences relating to illuminated signs .......... 2 91. Regulation 1008 Inefficient silencing device ...................2
92. Regulation 1101 Offences relating to groups and aide axle
configurations of vehicles ....................2
93. Regulation 1102 (1) (a), Offences relating to maximum dimensions of (b), (c), (e) or (1), (2), (4) (a) or (b), (6) and (7)
vehicles ................................. 2
| 7450 | GOVERNMENT GAZETTE, WA | [23 December 1997 |
First Schedule—continued
Provision Creating Nature of Offence PU Offence
94. Regulation 1102 (1) (d) Articulated vehicle exceeding length of 17.5m -
(a) for a vehicle under 4.5 tonnes aggregate
mass ............................. 2
(b) for a vehicle equal to or in excess of
4.5 tonnes aggregate mass ............. 6
95. Regulation 1102 (3) Vehicle exceeding length of 17.5m -
(a) for a vehicle under 4.5 tonnes aggregate
mass............................. 2
(b) for a vehicle equal excess of to or in
4.5 tonnes aggregate mass ............. 6
96. Regulation 1102 (4) (c) Vehicle exceeding width of 2.5m -
(a) for a vehicle under 4.5 tonnes aggregate
mass ............................. 2
(b) for a vehicle equal to or in excess of
4.5 tonnes ......................... 6
97. Regulation 1102 (5) Vehicle exceeding height of 4.3m -
(a) for a vehicle under 4.5 tonnes aggregate
mass............................. 2
(b) for a vehicle equal to or in excess of 4.5
tonnes aggregate mass ................ 6
98. Regulation 1103 Offences relating to rear overhang of vehicle ..... 2
99. Regulation 1104 (1) Offence relating to projection of load and equipment -
(a) for a vehicle under 4.5 tonnes aggregate
mass............................. 2 (b)
for a vehicle equal to or in excess of
4.5 tonnes aggregate mass ............. 6
100. Regulation 1104 (2), (3) Offences relating to projection of load and
and (4) equipment ............................... 2
101. 1105 Offences relating to ground clearance of vehicles .. 2 102. Regulation 1107 Offences relating to excessive loads and dimensions 6 103. Regulation 1108 Failure of vehicle manufactured on or after 1 July
1988 to conform to Australian Design
Rule 43 - vehicle configuration and marking .... 2
104. Regulation 1401 (1) (2) Excess mass on vehicle or combination of
(3) and (6), and 1402 (3) vehicles - (b)
Not more than 11% ........................ 1
More than 11% but not more than 15% ......... 2 More than 15% but not more than 18% ......... 3 More than 18% but not more than 21% ......... 4 More than 21% but not more than 25% ......... 5 More than 25% but not more than 28% ......... 6 More than 28% but not more than 31% ......... 7 More than 31% but not more than 35% ......... 8 More than 35% but not more than 38% ......... 9 More than 38% but not more than 41% ......... 10
More than 41% ........................... 10
and for each additional 3 % .................. 1
105. Regulation 1401 (4) (a), Excess mass on tyro axle or axle group - (b), (c), (d), (e), (f), (g), (b), (j),
(y), (as), and (bb), and (o), (r), (t), (w), Not more than 11% ........................ 1
(4a), and 1402 (3) (b) More than 11% but not more than 16% ......... 2
23 December 19971 GOVERNMENT GAZETTE, WA 7451 First Schedule—continued
Provision Creating Nature of Offence PU Offence
More than 16% but not more than 21% 3 More than 21% but not more than 26% 4 More than 26% but not more than 31% 5 More than 31% but not more than 36% 6 More than 36% but not more than 41% 7 More than 41% but not more than 46% 8 More than 46% but not more than 51% 9 More than 51% but not more than 56% 10 More than 56% 10 and for each additional 5% 1
106. Regulation 1401 (4) Excess mass on axle group — excluding those paragraphs mentioned
Not more than 10% 1 in item 105, and 1402 (3) (b)
More than 10% but not more than 12% 2 More than 12% but not more than 14% 3 More than 14% but not more than 17% 4 More than 17% but not more than 19% 5 More than 19% but not more than 22% 6 More than 22% but not more than 25% 7 More than 25% but not more than 27% 8 More than 27% but not more than 30% 9 More than 30% but not more than 32% 10 More than 32% 10
and for each additional 2% 1 Road Traffic (Drivers' Licences) Regulations 1975
107.
Regulation 13 (1)
Driving without "P" plate displayed when the holder of a driver's licence issued on probation . ..
2
Road Traffic (Licensing) Regulations 1975
108.
Regulation 15 (2)
Failure to deliver up on demand a suspended or cancelled vehicle licence or licence obtained by misrepresentation or fraud
2
109. Regulation 22 (3) Failure to return number plates 2 110.
Regulation 24 (8)
Failure when required by notice to surrender non- reflective identification tablet or number plate other than special plates
2
111.
Regulation 27
Painting or interfering with, or suffering another, paint or interfere with, any number plate, except for the purposes of reinstatement
2
112.
Regulation 28 (6)
Altering, defacing, obliterating or removing identification mark from engine, or stamping on or
affixing to engine a purported identification mark 2
113. Regulation 34 Failure to band over vehicle licence when disposing
of used vehicle2 By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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