Road Traffic (Licensing) Amendment Regulations 2006 (WA)
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TR306*
Road Traffic Act 1974
Road Traffic (Licensing) Amendment
Regulations 2006
Made by the Governor in Executive Council.
1. Citation
Gazette 26 May 2006.]
These regulations are the Road Traffic (Licensing) Amendment
Regulations 2006.2. Commencement
These regulations come into operation on the day on which the Road Traffic Amendment (Vehicle Licensing) Act 2001 comes into operation.
3. The regulations amended
The amendments in these regulations are to the Road Traffic
(Licensing) Regulations 1975*.[* Reprint 6 as at 26 August 2005. For amendments to 2 November 2006 see Western Australian
Legislation Information Tables for 2005, Table 4, and
28 November 2006 GOVERNMENT GAZETTE, WA 4899 4. Regulation 3 amended
(1) Regulation 3(1) is amended by deleting the definitions of
"heavy trailer" and "heavy vehicle" and inserting in the
appropriate alphabetical positions -44 "agricultural implement" has the meaning given to that term in the Road Traffic (Vehicle Standards) Regulations 2002;
"agricultural machine" has the meaning given to that
term in the Road Traffic (Vehicle Standards)
Regulations 2002;
"agricultural vehicle" has the meaning given to that
term in the Road Traffic (Vehicle Standards)
Regulations 2002;"car or bus" means a motor vehicle, other than a motor cycle, or a motorised wheelchair, built mainly to carry people and includes the type of
vehicle known as a utility;
"converter dolly" has the meaning given to that term
in the Road Traffic (Vehicle Standards)
Regulations 2002;
"goods vehicle" means a motor vehicle built or
modified to be used primarily to carry goods or
materials used in any trade, business or industry;
"heavy trailer" means a trailer, other than a towed
special purpose vehicle, with an MRC exceeding
4 500 kilograms;
"heavy vehicle" means -
(a) a vehicle with an MRC exceeding vehicle, a car or bus, a goods vehicle, a
motor home, a prime mover or a special purpose vehicle; or (b) a heavy trailer; "motor cycle" means a motor vehicle, other than a
motorised wheelchair or a goods vehicle, that is not equipped with a permanent cab and cab roof and that -
(a)
is designed to travel on 2 wheels, or, with a sidecar attached, 3 wheels; or
(b)
has 3 wheels arranged so that the axis of rotation of 2 wheels lies on the same straight line and each of those 2 wheels is equidistant from the third;
"motor home" means a motor vehicle built for human
habitation;
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"motorised wheelchair" means a chair-type vehicle
that -
(a) is fitted with 3 or more wheels; and (b)
is fitted and designed only for the use of persons with a physical disability;
"motor vehicle" has the meaning given to that term in
the Road Traffic (Vehicle Standards)
Regulations 2002;
"prime mover" has the meaning given to that term in
the Road Traffic (Vehicle Standards)
Regulations 2002;
"renewal period", in relation to a vehicle licence,
means the period -
(a) beginning 3 months before the day on which the licence is to expire; and (b) in the case of a licence except a seasonal heavy vehicle licence, ending 3 months after the day on which the licence expired; and (c) in the case of a seasonal heavy vehicle licence, ending -
(i) 2 months after the day on which the licence expired; or (ii) 11 months after the day on which the licence was granted,
whichever comes first;
"seasonal heavy vehicle licence" means a heavy
vehicle licence that is endorsed "seasonal" under
regulation 9A(7);
"semi-trailer" has the meaning given to that term in
the Road Traffic (Vehicle Standards)
Regulations 2002;
"special purpose vehicle" means a vehicle, other than a tow truck or an agricultural vehicle, built for a
purpose other than carrying passengers or a load;"tow truck" has the meaning given to that term in the
Road Traffic (Tow Truck) Regulations 1975 regulation 2;
"trailer" has the meaning given to that term in the
Road Traffic (Vehicle Standards)
Regulations 2002;5. Regulation 3A amended
Regulation 3A(la) is repealed.
28 November 2006 GOVERNMENT GAZETTE, WA 4901 6. Regulation 3AA inserted
After regulation 3 the following regulation is inserted in
Part I -3AA. Vehicles required to be licensed
(1) A vehicle for which a licence is required by
section 15(1) of the Act is any motor vehicle or trailer
except as described in subregulation (2).(2) The exception in subregulation (1) applies to -
(a) an agricultural implement being towed on a road by another vehicle if the towing vehicle is the subject of a vehicle licence or permit; or (b) an unlicensed vehicle of any type being towed on a road by a tow truck that is the subject of a vehicle licence or permit; or (c) a motor vehicle that is designed so as not to be capable of a speed exceeding 10 km/h; or (d) a power assisted pedal cycle.
7. Regulation 3B repealed
Regulation 3B is repealed.
8. Regulation 3D amended
Regulation 31)(2) is amended by deleting "vehicle licence for a heavy vehicle" and inserting instead -
heavy vehicle licence ".
9. Regulations 4B to 4E inserted
After regulation 4A the following regulations are inserted -
4B. Grant of vehicle licence (1) Except as provided in section 17 of the Act and
subregulation (2), where an application is made for the
grant of a licence for -
(a)
a vehicle not previously licensed under the Act; or
(b)
a vehicle for which the licence last granted or renewed under the Act expired a period of more than 15 days before the application was made,
the Director General is to grant a licence for the vehicle
to the applicant for a period referred to in
regulation 4D.
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(2) Where—
(a)
an application is made for the grant of a vehicle licence referred to in subregulation (1)(b); and
(b)
the application is made within the renewal period relating to a licence for the vehicle; and
(c)
the number plate or number plates issued for the vehicle have not been returned to the Director General,
the Director General may refuse to grant the licence, in
which case the application is to be regarded as an
application for a renewal of the licence last granted orrenewed for that vehicle.
4C. Renewal of vehicle licence (1) Except as provided in section 17 of the Act, where an
application for the renewal of a vehicle licence is made
within the renewal period, the Director General is to
renew the licence for a period referred to in
regulation 4D.(2) Where an application for the renewal of a vehicle
licence is made before the renewal period, the Director
General is to refuse to renew the licence.(3) Where an application for the renewal of a vehicle
licence is made after the renewal period, the Director
General is to refuse to renew the licence and the
application is to be regarded as an application for the
grant of a licence for the vehicle.(4) A renewal of a vehicle licence under this regulation is
to be taken to continue the licence.(5)
For the purposes of section 15(3)(a) of the Act, when a vehicle licence is renewed within the period of 15 days after the day on which the licence expired, the renewal
is to be regarded as having taken effect immediately after the licence expired. (6)
For the purposes of section 18(2)(c) of the Act, when a vehicle licence is renewed more than 15 days after the day on which the licence expired, the licence is to be
regarded as having been suspended on and from the
day of its expiry to the day before the renewal.
41) . Period of vehicle licence (1) The period for which a vehicle licence, except a heavy vehicle licence, is to be granted or renewed is a period elected by the applicant for the grant or renewal,
being -
(a) a period of one year, 6 months or 3 months; or (b)
if the Director General so approves in a particular case - any period up to one year.
28 November 2006 GOVERNMENT GAZETTE, WA 4903 (2) The period for which a heavy vehicle licence, except a
seasonal heavy vehicle licence, is to be granted or
renewed is a period elected by the applicant for the
grant or renewal, being -
(a) a period of one year, 6 months or 3 months; or (b) if the Director General so approves in a particular case - any period up to one year. (3) The period for which a seasonal heavy vehicle licence is to be granted is a period elected by the applicant for the grant, being -
(a) a period of 6 months, 5 months, 4 months or 3 months; or (b) if the Director General so approves in a particular case - any period up to one year.
(4) The period for which a seasonal heavy vehicle licence
is to be renewed is a period elected by the applicant for
the renewal, being -
(a) a period of one month; or (b)
if the Director General so approves in a particular case - any period up to one year.
(5) The period for which a licence is granted begins on the
day on which the licence is granted.(6) The period for which a licence is renewed begins on
and from the day next succeeding the day on which the
licence expires.
4E. Director General may vary, grant or renew licences
so that they expire on the same day
Despite regulations 4B to 41), the Director General
may, on an application by a person who is the owner of
3 or more vehicles licensed under the Act - (a) vary the licences so that they all expire on the same day, being a day selected by the Director General; and (b) if licences have been varied under other vehicle owned by the person so that the licence expires on the day referred to in that paragraph.
10. Regulation 5A amended
Regulation 5A(2) is amended by deleting "the fees specified in item 4 of Schedule 2," and inserting instead -
44
the relevant fees prescribed under the Road Traffic
(Charges and Fees) Regulations 2006, ,,
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11. Regulation 8 amended
Regulation 8 is amended by inserting after "licence" -
document ".
12. Regulations 8A and 8B repealed
Regulations 8A and 8B are repealed.
13. Regulation 9 amended
Regulation 9(3) is amended as follows:
(a) by inserting at the end of paragraph (a)(i) - 66 and ";
(b) by inserting the end of paragraph (a)(ii) - 44
or ";
(c)
by deleting paragraph (b) and "or" at the end and inserting instead -
46
(b) the vehicle is an agricultural machine; or
14. Regulation 9A amended
(1) Regulation 9A(1) is amended by deleting "vehicle licence for a
heavy vehicle" and inserting instead -heavy vehicle licence ".
(2) After regulation 9A(6) the following subregulation is
inserted -"
(7) The Director General is to grant or renew a heavy
vehicle licence with the endorsement "seasonal" if the person making the application for the grant or renewal
specifies that the vehicle is to be used - (a) on a road; or (b)
for seasonal work during the year beginning on the day the licence is granted,
and not otherwise.
15. Regulations 1OA and lOB repealed
Regulations 1OA and lOB are repealed.
16. Regulation 11 amended
(1) Regulation 11(4) is amended by deleting "permit" in the first
2 places where it occurs and inserting instead -
44 permit document ".
28 November 2006 GOVERNMENT GAZETTE, WA 4905
(2) Regulation 11(5) is amended by deleting "incorporating in the
one document" and inserting instead -document incorporating ".
(3) Regulation 11(6) is repealed and the following subregulations
are inserted instead -
(6) An application under subregulation (2), must be
accompanied by any relevant fee prescribed under the
Road Traffic (Charges and Fees) Regulations 2006.(7) Where the Director General is also required or
requested to issue a policy of insurance under the
Motor Vehicle (Third Party Insurance) Act 1943, an
application under subregulation (2) must be
accompanied by -(a) if the permit is requested in respect of a period not exceeding 2 days -
(i) the appropriate premium for the policy of insurance as prescribed pursuant to that Act; and
(ii) the stamp duty payable on the policy of insurance under the Stamp Act 1921 section 96(2);
or
(b) if the permit is requested in respect of a period of one or more months -
(i) the appropriate premium for the policy of insurance as prescribed pursuant to that Act; and
(ii) the stamp duty payable on the policy of insurance under the Stamp Act 1921
section 96(2).
17. Regulation 14 amended
Regulation 14 is amended by deleting "the fee specified in item 9 of Schedule 2," and inserting instead -
44
the relevant fee prescribed under the Road Traffic
(Charges and Fees) Regulations 2006, 11
18. Regulation 16 amended
Regulation 16(3) is amended by deleting 'and issue".
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19. Regulation 18 amended
Regulation 18(2) is amended by deleting "these regulations" and inserting instead -
the Road Traffic (Charges and Fees) Regulations 2006 ".
20. Part lilA repealed
Part lilA is repealed.
21. Regulation 22 amended
(1) Regulation 22(2), (2aa), (2b), (2ba), (2c), (2d) and (2e) are
repealed.
(2) Regulation 22(3) is repealed and the following subregulation is inserted instead -
33
(3) Despite any charges imposed under the Road Traffic
(Charges and Fees) Regulations 2006, every
identification tablet or number plate remains the
property of the Director General and is to be returned
to the Director General by a responsible person for, or
other person in possession of, the vehicle -(a) if the licence is cancelled or the licensee is disqualified, as soon as practicable after the cancellation or disqualification; or
(b) if the licence has expired -
(i) in the case of a seasonal heavy vehicle licence, within one year of the expiry of the licence; and
(ii) in any other case, within 3 months of the expiry of the licence.
(3) Regulation 22(6) is amended by deleting "the fee specified in item 16 of Schedule 2" and inserting instead -
44
the relevant fee prescribed under the Road Traffic
(Charges and Fees) Regulations 2006
(4) Regulation 22(7) is amended by deleting the full stop after
"omnibuses" and inserting instead -
44
and
(c) heavy vehicles that are the subject of a seasonal
heavy vehicle licence.
28 November 2006 GOVERNMENT GAZETTE, WA 4907 22. Regulation 24 amended
(1) Regulation 24(6) is amended by deleting "the appropriate
charge payable under regulation 22 for the issue of plates," and
inserting instead -44 any fee payable for the issue of the plates under the Road Traffic (Charges and Fees) Regulations 2006,
(2) Regulation 24(6a) is amended as follows:
(a)
by deleting "section 19(16) of the Act" and inserting instead -
"
the Road Traffic (Charges and Fees) Regulations 2006
regulation 17
IF
(b) by deleting "charge" and inserting instead - fee ".
23. Regulation 25 amended
Regulation 25(1) is amended as follows:
(a) in paragraph (a) by deleting the comma after "jinker" and inserting instead - 44
as defined in the Road Traffic (Vehicle
Standards) Regulations 2002,
(b) by inserting at the end of each of paragraphs (a), (b) and (d)(i) - " and ".
24. Regulation 25A amended Regulation 25A(5) is repealed and the following subregulations are inserted instead -
IE
(5) The purchaser of the right to display special plates
must forward to the Director General -
(a) the original of the instrument of transfer of the right to display the special plates together with any relevant fee prescribed under the Road Traffic (Charges and Fees) Regulations 2006; and
(b)
notification of the vehicle in respect of which the special plates are to be displayed.
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(6) The Director General must issue to the purchaser of the right to display the special plates -
(a) a certificate of ownership of the special plates; and (b) in the case of special plates referred to in regulation 24(4a)(a), a miniature of the special plates; and (c) subject to regulation 2513, the special plates.
25. Regulation 25B amended
(1) Regulation 2513(2) is repealed. (2) Regulation 2513(3) is amended as follows:
(a)
by deleting "the fee referred to in subregulation (2)" and inserting instead -
"
a relevant fee prescribed under the Road Traffic
(Charges and Fees) Regulations 2006
(b) by deleting "and charges" and inserting instead -
prescribed under those regulations that are ".
26. Regulation 26 amended
Regulation 26(3) is repealed.27. Regulation 26A amended
Regulation 26A(1) is repealed.
28. Regulation 26B repealed
Regulation 26B is repealed.
29. Regulation 26D amended
Regulation 26D is amended in the definition of "plate fee" by deleting "the fee payable under regulation 26(3)" and inserting instead -
any fee prescribed under the Road Traffic
(Charges and Fees) Regulations 2006
30. ReuIation 32 amended
Regulation 32(1) is amended as follows:
(a) by inserting at the end of each of paragraphs (a), (b)(i)
and (b)(iii) -
" and ";
28 November 2006 GOVERNMENT GAZETTE, WA 4909
(b)
in paragraph (b)(i), by deleting "tractor" and inserting instead -
"
special purpose vehicle, except a towed
special purpose vehicle
(c) in paragraph (c) - (i) by deleting "caravan of the trailer type" and inserting instead -
towed special purpose vehicle
(ii) in subparagraph (i) by inserting after "front window" -
if any,
31. Regulation 33 repealed
Regulation 33 is repealed.
32. Regulations 38A and 38B repealed
Regulations 38A and 38B are repealed.
33. Schedule 2 repealed
Schedule 2 is repealed.34. Schedule 3 amended
(1) Schedule 3 clause 1(1) is amended by deleting "converter dolly
trailer" and inserting instead -44 converter dolly ". (2) Schedule 3 clause 1(3) is amended by deleting the definition of
"motor wagon derivative" and inserting instead -
"goods vehicle derivative" means a self-propelled special purpose vehicle in which the forward part of the body form and the greater part of the mechanical equipment are the same as in a goods vehicle;
(3) Schedule 3 is amended by deleting the Table heading "Motor
car and omnibus (not articulated)" and inserting instead -
" Car or bus (not articulated) ". (4) Schedule 3 is amended by deleting the Table heading "Motor
car and omnibus (articulated)" and inserting instead -
" Car or bus (articulated) ". (5)
Schedule 3 is amended by deleting the Table heading "Motor wagon caravan (motor propelled) or tow truck" and inserting instead -
" Goods vehicle or motor home ".
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(6) Schedule 3 is amended by deleting the Table heading "Tractor
(prime mover type)" and inserting instead -" Prime mover ". (7) Schedule 3 is amended by deleting the Table heading
"Semi-trailer, converter dolly trailer or trailer, other than a plant
trailer" and inserting instead -
" Trailer, not being a towed special purpose vehicle ". (8) Schedule 3 is amended by deleting the Table heading "Caravan
(trailer type), plant trailer, tractor (not prime mover type),
tractor plant, forklift truck, tow motor, mobile crane" and
inserting instead -" Special purpose vehicle (9) Schedule 3 is amended in the Table heading "Other than motor
wagon derivative or trailer derivative" by deleting "motor
wagon" and inserting instead -
goods vehicle ".
(10) Schedule 3 is amended in the Table heading "Motor wagon
derivative or trailer derivative not exceeding maximum
permissible axle mass loading" by deleting "Motor wagon" and
inserting instead -" Goods vehicle " (11) Schedule 3 is amended in the Table heading "Motor wagon
derivative or trailer derivative exceeding maximum permissible
axle mass loading" by deleting "Motor wagon" and inserting
instead -" Goods vehicle ". 35. Various references to "(Licensing)" changed to "(Vehicle
Licensing)" place where it occurs that is mentioned in the Table to this
regulation and inserting instead -The regulations are amended by deleting "(Licensing)" in each
(Vehicle Licensing) ".
Table
Sch. I I:oriii
r. 1 6 Sch. 1 Form 5 36. Various references to "issue" changed to "grant"
(1) The regulations are amended by deleting "issue" in each place
where it occurs that is mentioned in the Table to this
subregulation and inserting instead -
44
grant
28 November 2006 GOVERNMENT GAZETTE, WA 4911
Table
r. 3D(1) r. 4(2) (2 places) r. 3D(2) r. 5 r. 3E r. 9(5) r. 4(1) (2 places) (2) The regulations are amended by deleting "issued" in each place
where it occurs that is mentioned in the Table to this
subregulation and inserting instead —
" granted ".
Table
r. 11(8) r. 18(4) (first 2 places) r. 13 r. 24(6a) (second place) r. 16(2)(d)(iii)
r. 18(3)r. 30(1) By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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