Road Traffic (Licensing) Amendment Regulations (No. 4) 1995 (WA)
| 5448 | GOVERNMENT GAZETTE, WA | [24 November 1995 |
| PE301 |
Amendment Regulations (No. 4) 1995. ROAD TRAFFIC ACT 1974
ROAD TRAFFIC (LICENSING) AMENDMENT REGULATIONS
(NO. 4) 1995
Made by the deputy of the Governor in Executive Council.
Citation
1. These regulations may be cited as the Road Traffic (Licensing)
24 November 19951 GOVERNMENT GAZETTE, WA 5449 Commencement
2. These regulations come into operation on the day on which the Road
Traffic Amendment Act 1995 comes into operation.
Principal regulations
3. In these regulations the Road Traffic (Licensing) Regulations 1975* are referred to as the principal regulations.
[* Reprinted as at 5 October 1994. For amendments to 7 November 1995 see 1994 Index to Legislation of Western Australia, Table 4, p. 10 January, 26 May and 27 June 1995.1 242, and Gazettes of
Regulation 3 amended
4. Regulation 3 (1) of the principal regulations is amended by deleting the
definitions of "Act", "regulation" and "Schedule".
Part hA inserted
5. After Part III of the principal regulations the following part is
inserted - it PART hA - VEHICLE LICENCE FEE EXEMPTIONS AND
CONCESSIONS
Division 1— Preliminary
Interpretation
21A. (1) In this Part, unless the contrary intention
appears -"farm" means the land on which a farmer carries on the farmer's farming business;
"farmer" means a person who carries on business as a
farmer or grazier;
"farming business" means the business of farming or
grazing;
"load capacity", in relation to a vehicle, means - (a) the load or carrying capacity specified in the vehicle's licence or the records kept under the Act; or (b) between - if no capacity is so specified, the difference
(i) the vehicle's maximum permissible gross weight or aggregate weight specified in the vehicle's licence or the records kept under the Act; and (ii) the vehicle's tare weight; "vehicle licence fee" means the relevant fee as set out in Part III of the Second Schedule to the Act or, if the grant or renewal of a vehicle licence is for a period of less than 12 months the fee calculated under section 18 (7) (a) and (b) of the Act.
purpose is to be read as a reference to the vehicle being used for (2) A reference in this Part to a vehicle being used for any
that purpose during the period in respect of which a vehicle
licence for the vehicle is to be granted or renewed.
| 5450 | GOVERNMENT GAZETTE, WA | [24 November 1995 |
(3) A reference in this Part to a vehicle licence fee in relation to a vehicle is a reference to a vehicle licence fee for the grant or renewal of a vehicle licence for that vehicle. Statutory declaration 2113. The Board may, in order to satisfy itself of any of the matters referred to in this Part, require any information contained in an application for the grant or renewal of a vehicle licence to be verified by a statutory declaration.
Division 2— Exemptions
Crown vehicles
21C. (1) This regulation applies to a vehicle if the Board is satisfied that the vehicle -
(a) is owned by the Crown; (b) is owned by a local authority; (c) is owned by the Western Australian Fire Brigades Board constituted under the Fire Brigades Act 1942,
or any other fire brigade, and is to be used exclusively
for preventing and extinguishing fires or dealing with
other emergencies; or(d) is to be used exclusively as an ambulance.
this regulation applies. (2) No vehicle licence fee is payable for a vehicle to which Farm vehicles
satisfied that the vehicle is owned by a farmer and is to be used 21D. (1) This regulation applies to a vehicle if the Board is only on the owner's farm or -
(a) to pass from one portion of the farm to another; (b) carry out fire fighting or fire prevention operations; to travel between the farm and some other place to
(c) take part in fire control exercises previously to travel between the farm and some other place to authorized by a bush fire control officer appointed
under the Bush Fires Act 1954; or (d) if the farm is in an area that is declared by the Minister for Primary Industry to be drought affected or water deficient, to travel between the farm and a water supply for the purpose of carting water for stock or for domestic purposes.
This regulation does not apply to a tractor or tractor plant to which regulation 21M applies.
(2)
this regulation applies. (3) No vehicle licence fee is payable for a vehicle to which Division 3 - Reduction of fee
Trailers and semi-trailers used outside South West
Division
21F. (1) This regulation applies to a vehicle that is a trailer or semi-trailer if the Board is satisfied that the vehicle -
(a) has a tare weight exceeding 2 tonnes; and
24 November 19951 GOVERNMENT GAZETTE, WA 5451
(b) is to be used exclusively on roads outside the South West Division within the meaning of the Land Act 1928.
regulation applies is reduced by 50%. (2) The vehicle licence fee payable for a vehicle to which this Vehicles used for prospecting
21G.
satisfied that the vehicle - (1) This regulation applies to a vehicle if the Board is (a) is owned by -
(i) a bona fide prospector; or
(ii)
for or produces metals or minerals from land in meaning of the Corporations Law) who searches a person (other than a company within the which the person holds an interest; and
(b) is to be used by that prospector or person solely or principally in connection with prospecting.
regulation applies is reduced by 50%. (2) The vehicle licence fee payable for a vehicle to which this Vehicles used for pulling sandalwood
2111.
satisfied that the vehicle - (1) This regulation applies to a vehicle if the Board is
(a) is owned by a bona fide sandalwood puller; and (b) connection with the pulling of sandalwood. is to be used by that person solely or principally in
regulation applies is reduced by 50%. (2) The vehicle licence fee payable for a vehicle to which this Vehicles used for kangaroo hunting
211. (1) This regulation applies to a vehicle if the Board is
satisfied that the vehicle -
(a) is owned by a bona fide kangaroo hunter; and (b) is to be used by that person solely or principally in connection with the hunting of kangaroos.
regulation applies is reduced by 50%. (2) The vehicle licence fee payable for a vehicle to which this Vehicles used for beekeeping
21J. (1) This regulation applies to a vehicle if the Board is satisfied that the vehicle -
(a) is owned by a person who is a beekeeper within the meaning of the Beekeepers Act 1963 and who engages in the keeping of bees substantially as a means of
livelihood; and(b) connection with beekeeping. is to be used by the person solely or principally in
(2) The vehicle licence fee payable for a vehicle to which this
regulation applies is reduced by 50%.
| 5452 | GOVERNMENT GAZETTE, WA | [24 November 1995 |
Vehicles used to transport stock
21K. (1) This regulation applies to a vehicle if the Board is satisfied that the vehicle -
(a) has a tare weight exceeding 1 524 kilograms; (b) is owned by a person who carries on the business of transporting stock; and
is to be used by the person solely or principally for
(c) journeys that involve the carriage of stock. (2) The vehicle licence fee payable for a vehicle to which this regulation applies is reduced by 50%.
(3) A vehicle licence in respect of which a reduced vehicle licence fee is paid under subregulation (2) is taken to be subject
to conditions that -
(a) involves the carriage of goods other than a journey that involves the carriage of stock; and the vehicle shall not be used for any journey that (b) goods other than stock shall not be carried on the vehicle in the course of a journey that involves the carriage of stock unless the carriage of those goods is authorized by the Board under subregulation (4). (4) The Board may authorize the use of a vehicle to which this regulation applies to carry goods other than stock on a specified journey or on a specified part of a journey,
amended or revoked by the Board. (5) An authorization shall be in writing and may be the grant of an authorization. (6) The fee specified in item 9A of Schedule 2 is payable for (7) All fees received by the Board under subregulation (6) are to be credited to the Consolidated Fund.
Farm haulage vehicles
21L. (1) This regulation applies to a vehicle that is a motor wagon, trailer, semi-trailer or is to be used for the purpose of hauling a trailer or semi-trailer, if the Board is satisfied that the
vehicle -
(a) is owned by a farmer; and (b) products of, or requisites for, the owner's farming is to be used solely or principally for carrying the
business.
(2) This regulation does not apply to -
(a) a tractor or tractor plant to which regulation 21M applies; or
a vehicle that has a tare weight of less than 1 524
(b) kilograms.
regulation applies is reduced by 50%. (2) The vehicle licence fee payable for a vehicle to which this A reduction under this regulation does not apply at any with the carrying on of the same business.
one time in respect of more than one vehicle used in connection (3)
24 November 19951 GOVERNMENT GAZETTE, WA 5453 (4) Subregulation (3) does not prevent a reduction applying
in respect of—
(a) a semi-trailer if a reduction also applies in respect of a vehicle that is to be used for the purpose of hauling
that semi-trailer; or
a vehicle if a reduction also applies in respect of a
(b) semi-trailer that is to be hauled by that vehicle.
Farm tractors
21M. (1) This regulation applies to a vehicle that is a tractor
(other than a prime mover type) or tractor plant if the Board is satisfied that the vehicle is owned by a farmer and is to be used only in connection with the owner's farming business or -
to pass from one portion of the owner's farm to
(a) another; (b) to travel between the owner's farm and some other place to carry out fire fighting or fire prevention
operations;
(c) place to take part in fire control exercises previously to travel between the owner's farm and some other authorized by a bush fire control officer appointed
under the Bush Fires Act 1954; or(d) Minister for Primary Industry to be drought affected if the farm is in an area that is declared by the or water deficient, to travel between the owner's farm and a water supply for the purpose of carting water for stock or for domestic purposes.
(2) The vehicle licence fee payable for a vehicle to which this regulation applies is reduced to $4.
Diesel vehicles
21N. (1) This regulation applies to a vehicle if the Board is satisfied that the vehicle -
(a) is a diesel engined vehicle; or (b) is a semi-trailer, converter dolly trailer or trailer, other than a plant trailer, and is to be hauled solely
by a diesel engined tractor (prime mover type).
(2) This regulation does not apply to -
a motor wagon that has a tare weight exceeding
(a) 5 865 kilograms unless the load capacity of the vehicle does not exceed 8 130 kilograms;
(b) a tractor (prime mover type) that has a tare weight exceeding 3 060 kilograms unless the load capacity of
the vehicle does not exceed 8 130 kilograms;
(c) a trailer or converter dolly trailer that has a tare weight exceeding 2 040 kilograms unless the load
capacity of the vehicle does not exceed 8 130
kilograms; or(d) kilograms unless it is to be hauled solely by a diesel a semi-trailer that has a tare weight exceeding 2 040
engined tractor (prime mover type) having a load
capacity not exceeding 8 134 kilograms.
would be payable for a vehicle to which this regulation applies is (3) The vehicle licence fee that but for this regulation, reduced by 50%.
| 5454 | GOVERNMENT GAZETTE, WA | [24 November 1995 |
Interchangeable semi-trailers
Board is satisfied is an interchangeable semi-trailer is reduced by 210. The vehicle licence fee payable for a vehicle which the 75%. Vehicles owned by pensioners
21P. (1) This regulation applies to a vehicle if the Board is satisfied that the vehicle -
(a) is a motor car or motor wagon, with a tare weight not exceeding 3 000 kilograms, a motor propelled
caravan, a motor cycle or a moped; and
(b) concession card issued by the Department of Social is owned by a person who holds a current pensioner Security, or the Department of Veteran's Affairs, of the Commonwealth.
regulation applies is reduced by 50%. (2) The vehicle licence fee payable for a vehicle to which this regulation in respect of more than one vehicle at any one time. (3) A person is not entitled to a reduction under this Reductions not cumulative
21g. (1) Subject to subregulation (3), only one reduction under this Division is to be applied to the vehicle licence fee of a vehicle for any year.
this Division, the owner of the vehicle may choose which one is to (2) If a vehicle qualifies for 2 or more reductions under be applied. regulation in this Division, can be further reduced in accordance (3) A vehicle licence fee that has been reduced under a with regulation 21N.
Part heading amended 6. The Part heading to Part VIII of the principal regulations is amended by deleting "PENALTIES" and substituting the
following - MISCELLANEOUS
Section 38A inserted
7. After the Part heading to Part VIII of the principal regulations the following regulation is inserted -
Exemption or refund of fee in particular case
38A. (1) The Board may, in a particular case -
refund all or part of a payment that has been made
(a) in respect of any fee referred to in these regulations; or
(b) in writing, exempt a person from payment of any fee referred to in these regulations or from payment of
part of such a fee,
if the Board is satisfied that exceptional circumstances warrant
the refund or exemption being given in that case.
24 November 1995] GOVERNMENT GAZETTE, WA 5455
under subregulation (1) (b), vary or revoke the exemption. (2) The Board may, in writing given to a person exempted the Board thinks fit and specifies in the exemption. (3) An exemption may be given subject to such conditions as exemption. (4) A person must not contravene a condition of an Schedule 2 amended
8. Schedule 2 to the principal regulations is amended by inserting after
item 9 the following item
9A. 21K Fee for authorization under
regulation 21K (4)10
By Command of the deputy of the Governor,
J. PRITCHARD, Clerk of the Council.
0
0
0