Road Traffic (Repeals and Amendment) Regulations 2014 (WA)
!2014204GG!
| WESTERN | 4913 |
| AUSTRALIAN | |
| GOVERNMENT | |
| ISSN 1448-949X | PRINT POST APPROVED PP665002/00041 |
| PERTH, TUESDAY, 23 DECEMBER 2014 | No. 204 SPECIAL |
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 1.30 PM
© STATE OF WESTERN AUSTRALIA
Road Traffic Act 1974
Road Traffic (Repeals and Amendment)
Regulations 2014
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Road Traffic (Repeals and
Amendment) Regulations 2014.
2. Commencement
These regulations come into operation as follows —
(a)
Part 1 — on the day on which these regulations are published in the Gazette;
(b)
the rest of the regulations — on the day fixed under the Road Traffic (Administration) Act 2008 section 2(b).
4914 GOVERNMENT GAZETTE, WA 23 December 2014 Road Traffic (Repeals and Amendment) Regulations 2014
Part 2 Regulations repealed r. 3 Part 2 — Regulations repealed 3. Regulations repealed
The regulations listed in the Table are repealed.
Table
Road Traffic (Animal Drawn Road Traffic (Authorisation Vehicles) Regulations 2002 to Drive) Regulations 2008 Road Traffic (Bicycles) Road Traffic (Charges and Regulations 2002 Fees) Regulations 2006 Road Traffic (Freight Road Traffic (Information) Containers on Prohibited Regulations 2011 Roads) Regulations 2007 Road Traffic (Infringements) Road Traffic (Licensing) Regulations 1975 Regulations 1975 Road Traffic (Tow Truck) Road Traffic (Towed Regulations 1975 Agricultural Implements)
Regulations 1995Road Traffic (Vehicle Road Traffic (Vehicle Standards) Regulations 2002 Standards) Rules 2002 Road Traffic (Wardens) Road Traffic (Written-Off Regulations 1986
Vehicle Register) Regulations 2003
23 December 2014 GOVERNMENT GAZETTE, WA 4915 Road Traffic (Repeals and Amendment) Regulations 2014
Road Traffic (Blood Sampling and Analysis) Regulations 1975 Part 3 amended
r. 4
Part 3 — Road Traffic (Blood Sampling and Analysis)
Regulations 1975 amended
4. Regulations amended
This Part amends the Road Traffic (Blood Sampling and
Analysis) Regulations 1975.
5. Regulation 15 inserted
After regulation 14 insert:
15. Fees for attendance, analysis
(1) The fees for the attendance of a medical practitioner or
registered nurse for the purpose of these regulations
are —
(a) a Friday and 9.00 a.m. on the following
Monday, or during the period betweenon any public holiday, or between 5.00 p.m. on day — $120; and
(b) at any other time — $100.
(2) Where a sample of blood is taken under these
regulations and a sample of urine is collected under the
Road Traffic (Urine Sampling and Analysis)
Regulations 1983 at the same attendance only one fee
is payable in respect of the taking and collection of
those samples.(3) Subject to subregulation (4) the fee for an analysis of a
blood sample by an analyst at the Chemistry Centre
(WA) is —
(a)
where the analysis is for alcohol content — $100; and
(b) where the analysis is for drug content — $450.
4916 GOVERNMENT GAZETTE, WA 23 December 2014 Road Traffic (Repeals and Amendment) Regulations 2014
Part 3 Road Traffic (Blood Sampling and Analysis) Regulations 1975
amendedr. 6
(4) Only one fee is payable if a sample of blood is
analysed for both alcohol and drug content and that fee
is $450.(5) The fees payable under this regulation must be paid by
the Commissioner of Police.(6) If a person is convicted of an offence under section 63, 64, 64AA or 64A of the Act and the Commissioner of Police has paid a fee under subregulation (1) or (3) for the purposes of section 66 of the Act, the court convicting the person must order the person to repay
the Commissioner of Police the amount of the fee and
that amount may be recovered by the Commissioner of
Police as if it were a penalty imposed under the Act.
6. Various references to “member of the Police Force” amended
In the provisions listed in the Table delete “member of the
Police Force” and insert:police officer
Table
r. 8(1)(b) and (2) r. 12 Sch. Form B Sch. Form D
23 December 2014 GOVERNMENT GAZETTE, WA 4917 Road Traffic (Repeals and Amendment) Regulations 2014
Road Traffic Code 2000 amended Part 4 r. 7
Part 4 — Road Traffic Code 2000 amended
7. Regulations amended
This Part amends the Road Traffic Code 2000.
8. Regulation 3 amended
(1) In regulation 3(1) delete the definitions of: combination
GCM
GVM
vehicle
Vehicle Standards(2) In regulation 3(1) insert in alphabetical order: combination has the meaning given in the Road Traffic
(Vehicles) Regulations 2014 regulation 3;
vehicle, in Parts 4 to 11 inclusive and in Part 18, does
not include a wheeled toy or wheeled recreationaldevice;
Vehicle Standards means the Road Traffic (Vehicles)
Regulations 2014 Parts 10, 11 and 13;
(3) In regulation 3(1) in the definition of accredited pilot delete
“2008” and insert:
4918 GOVERNMENT GAZETTE, WA 23 December 2014 Road Traffic (Repeals and Amendment) Regulations 2014
Part 4 Road Traffic Code 2000 amended r. 8
(4) In regulation 3(1) in the definition of bicycle:
(a) in paragraph (a) delete “penny-farthing and tricycle; but” and insert: penny-farthing, tricycle and power assisted pedal cycle;
but(b) in paragraph (b) after “vehicle” insert: (other than a power assisted pedal cycle)
(5) In regulation 3(1) in the definition of dipped delete “Vehicle
Standards;” and insert:Road Traffic (Vehicles) Regulations 2014 regulation 3; (6) In regulation 3(1) in the definition of front fog light delete
“Vehicle Standards;” and insert:Road Traffic (Vehicles) Regulations 2014 regulation 3; (7) In regulation 3(1) in the definition of holiday period delete
“subregulation (2);” and insert:the Road Traffic (Authorisation to Drive) Regulations 2014
regulation 67;
23 December 2014 GOVERNMENT GAZETTE, WA 4919 Road Traffic (Repeals and Amendment) Regulations 2014
Road Traffic Code 2000 amended Part 4 r. 9
(8) In regulation 3(1) in the definition of oversize delete “Vehicle
Standards;” and insert:Road Traffic (Vehicles) Regulations 2014 regulation 3; (9) In regulation 3(1) in the definition of rear fog light delete
“Vehicle Standards;” and insert:Road Traffic (Vehicles) Regulations 2014 regulation 226; (10) In regulation 3(1) in the definition of special purpose vehicle
paragraph (e) delete “governmental or local authority” and
insert:State government agency or local government (11) In regulation 3(1) in the definition of tow truck delete “Road
Traffic (Tow Truck) Regulations 1975;” and insert:Road Traffic (Vehicles) Regulations 2014 regulation 3; (12) Delete regulation 3(2) and (3). 9. Regulation 6 deleted
Delete regulation 6.
4920 GOVERNMENT GAZETTE, WA 23 December 2014 Road Traffic (Repeals and Amendment) Regulations 2014
Part 4 Road Traffic Code 2000 amended r. 10 10. Regulation 9 amended
Delete regulation 9(4) and (5) and insert:
(4) The Road Traffic (Administration) Regulations 2014
regulation 24(2) makes provision in relation to
infringement notice offences under these regulations
and the penalties for those offences.(5) The Road Traffic (Authorisation to Drive)
Regulations 2014 regulation 65(3) makes provision in
relation to demerit point offences under these
regulations and the demerit points for those offences.
11. Regulation 18 amended
In regulation 18(b) delete “and fixed by, or under, the Act or
any regulation.” and insert:under a road law.
12. Regulation 79 amended
In regulation 79(1)(e) delete “the Act.” and insert:
a road law.
23 December 2014 GOVERNMENT GAZETTE, WA 4921 Road Traffic (Repeals and Amendment) Regulations 2014
Road Traffic Code 2000 amended Part 4 r. 13
13. Regulation 110 amended
(1) In regulation 110(1) in the definition of B-double delete “Road
Traffic (Vehicle Standards) Regulations 2002 Glossary;” and
insert:Road Traffic (Vehicles) Regulations 2014 regulation 3; (2) In regulation 110(1) in the definition of road train delete “Road
Traffic (Vehicle Standards) Regulations 2002 Glossary.” and
insert:Road Traffic (Vehicles) Regulations 2014 regulation 3. 14. Part 11 Division 7 inserted
At the end of Part 11 insert:
Division 7 — Freight containers
138A. Freight container not to be driven on prohibited
road
(1) In this regulation — freight container has the meaning given in the Road
Traffic (Vehicles) Act 2012 section 3(1);O’Connor Industrial Area means the area described in
Schedule 5 which includes the portions of roads
described as bordering that area;prohibited road means South Street between the
intersections of South Street and the Kwinana Freeway
and South Street and Stock Road.
4922 GOVERNMENT GAZETTE, WA 23 December 2014 Road Traffic (Repeals and Amendment) Regulations 2014
Part 4 Road Traffic Code 2000 amended r. 15
(2) A person must not drive a vehicle carrying a freight
container on any part of the prohibited road.Points: 3 Modified penalty: 2 PU (3) Subregulation (2) does not apply to a vehicle that is
carrying a freight container for delivery to, or
collection from, an address —
(a) on the prohibited road; or (b) within the O’Connor Industrial Area.
(4)
The commission of an offence under subregulation (2) is not affected by whether or not signage mentioned in regulation 138B is displayed.
138B. Signs
The Commissioner of Main Roads may authorise the
display of signage to inform the public of the
prohibition in regulation 138A.
15. Regulation 182 amended
In regulation 182 delete “or the Road Traffic (Towed
Agricultural Implements) Regulations 1995”.
16. Regulation 184 amended
(1) In regulation 184(2) delete “regulation 5(2) of the Road Traffic
(Tow Truck) Regulations 1975,” and insert:the Road Traffic (Vehicles) Regulations 2014 regulation 410(2)
23 December 2014 GOVERNMENT GAZETTE, WA 4923 Road Traffic (Repeals and Amendment) Regulations 2014
Road Traffic Code 2000 amended Part 4 r. 17
(2) Delete regulation 184(4) and insert:
(4) In subregulation (3) — dangerous goods has the meaning given in the
Dangerous Goods Safety (Road and Rail Transport ofNon-explosives) Regulations 2007 regulation 28;
placard load has the meaning given in the Dangerous
Goods Safety (Road and Rail Transport of
Non-explosives) Regulations 2007 regulation 4.
17. Regulation 189 amended
In regulation 189 delete “ride” and insert:
drive
18. Regulation 230 amended
In regulation 230 in the definition of medical practitioner delete “has the same meaning as in the Medical Practitioners Act 2008 section 4;” and insert:
means a person who is registered under the Health Practitioner
Regulation National Law (Western Australia) in the medical
profession;
19. Regulation 274 deleted
Delete regulation 274.
4924 GOVERNMENT GAZETTE, WA 23 December 2014 Road Traffic (Repeals and Amendment) Regulations 2014
Part 4 Road Traffic Code 2000 amended r. 20 20. Regulation 278 amended
In regulation 278(8) delete “Road Traffic (Towed Agricultural
Implements) Regulations 1995,” and insert:Road Traffic (Vehicles) Regulations 2014 Part 13,
21. Regulation 279 amended
In regulation 279(2):
(a) in paragraph (a) delete “Road Traffic (Tow Truck) Regulations 1975; or” and insert: Road Traffic (Vehicles) Regulations 2014 Part 12; or
(b) in paragraph (b) delete “Road Traffic (Towed Agricultural Implements) Regulations 1995.” and insert: Road Traffic (Vehicles) Regulations 2014 Part 13.
22. Regulation 284 amended
In regulation 284(2) delete “passengers of a member of the
Police Force or to members of the Police Force when conveying
passengers” and insert:a passenger of a police officer or to a police officer conveying a
passenger
23 December 2014 GOVERNMENT GAZETTE, WA 4925 Road Traffic (Repeals and Amendment) Regulations 2014
Road Traffic Code 2000 amended Part 4 r. 23
23. Regulation 289 amended
(1) In regulation 289(1):
(a) in paragraph (c)(iv) delete “that exceed the maximum height, width, length or mass limitations under the Vehicle Standards while that vehicle, or those vehicles, are subject to a permit issued under those regulations; and” and insert: to which an order or permit as defined in the Road Traffic (Vehicles) Act 2012 section 32 relates; and
(b) in paragraph (c)(iva) delete “that exceeds the maximum height, width, length or mass limitations under the Vehicle Standards while that vehicle, or that combination, is subject to a permit issued under those regulations, requiring” and insert: to which an order or permit as defined in the Road
Traffic (Vehicles) Act 2012 section 32 relates and which
requires(c) in paragraph (e) delete “with the Vehicle Standards or if permitted by regulation 224 of these regulations.” and insert: with, or if permitted by, regulation 224.
(2) In regulation 289(3) delete “Vehicle Standards.” and insert: Road Traffic (Vehicles) Regulations 2014 regulation 3.
4926 GOVERNMENT GAZETTE, WA 23 December 2014 Road Traffic (Repeals and Amendment) Regulations 2014
Part 4 Road Traffic Code 2000 amended r. 24 24. Regulation 297 amended
In regulation 297(9) delete “member of the Police Force
(including a warden),” and insert:police officer
25. Schedule 5 inserted
After Schedule 4 insert:
Schedule 5 — O’Connor Industrial Area
[r. 138A]
The O’Connor Industrial Area is the area bordered by —
•
South Street between the intersections of South Street and Ladner Way and South Street and Hines Road;
•
Hines Road between the intersections of Hines Road and South Street and Hines Road and Clarke Street;
•
Clarke Street between the intersections of Clarke Street and Hines Road and Clarke Street and Carrington Street;
•
Carrington Street between the intersections of Carrington Street and Clarke Street and Carrington Street and Sainsbury Road;
•
Sainsbury Road between the intersection of Sainsbury Road and Carrington Street and the southern point of the eastern boundary of the Fremantle cemetery;
•
the eastern boundary of the Fremantle cemetery between Sainsbury Road and Leach Highway;
23 December 2014 GOVERNMENT GAZETTE, WA 4927 Road Traffic (Repeals and Amendment) Regulations 2014
Road Traffic Code 2000 amended Part 4 r. 26
•
Leach Highway from the northern point of the eastern boundary of the Fremantle cemetery to the intersection of Leach Highway and Stock Road;
•
Stock Road between the intersections of Stock Road and Leach Highway and Stock Road and Garling Street;
•
Garling Street between the intersections of Garling Street and Stock Road and Garling Street and Bowen Street;
•
Bowen Street between the intersections of Bowen Street and Garling Street and Bowen Street and Winterburn Way;
• Winterburn Way until it reaches Ladner Street; •
Ladner Street between the intersections of Ladner Street and Winterburn Way and Ladner Street and South Street.
For information purposes the area described above is shown on
the following map.
4928 GOVERNMENT GAZETTE, WA 23 December 2014 Road Traffic (Repeals and Amendment) Regulations 2014
Part 4 Road Traffic Code 2000 amended r. 26 26. Various references to “Director General” amended
In the provisions listed in the Table delete “Director General”
(each occurrence) and insert:CEO
Table
r. 3(1) def. of emergency vehicle r. 59(2) def. of public bus par. (e) and special purpose
vehicle par. (f)r. 113(5) r. 209A(1) def. of protective
helmetr. 222(1) def. of protective r. 230N(2) helmet, (3)(b) and (4) r. 230 def. of booster seat r. 231(3) par. (c), child restraint par. (c),
child safety harness par. (b) and
seating position par. (b)r. 240(1) and (2) r. 244(1) def. of protective
helmet, (4), (5) and (6)(a) and
(b)r. 277(1) and (2) r. 278(2) and (6)(a) r. 283(2) def. of emergency r. 284(1)(d) worker par. (d) r. 289(1)(a), (b) and (c) except r. 292(g) for r. 289(1)(c)(i)
23 December 2014 GOVERNMENT GAZETTE, WA 4929 Road Traffic (Repeals and Amendment) Regulations 2014
Road Traffic Code 2000 amended Part 4 r. 27
27. Various references to “member of the Police Force” amended
In the provisions listed in the Table delete “member of the
Police Force” (each occurrence) and insert:police officer
Table
r. 3(1) def. of special purpose r. 27(3) vehicle par. (a) r. 46(3)(d) r. 231(3) r. 241(1), (2) and (3)(a) and (b) r. 253(2)(i) r. 272(1) r. 273(1), (3) and (4) r. 275(3) r. 282(1) r. 283(1) r. 284(1)(a)
4930 GOVERNMENT GAZETTE, WA 23 December 2014 Road Traffic (Repeals and Amendment) Regulations 2014
Part 5 Road Traffic (Drug Driving) Regulations 2007 amended r. 28
Part 5 — Road Traffic (Drug Driving)
Regulations 2007 amended
28. Regulations amended
This Part amends the Road Traffic (Drug Driving)
Regulations 2007.
29. Various references to “member of the Police Force” amended
In the provisions listed in the Table delete “member of the
Police Force” and insert:police officer
Table
r. 4 r. 5 r. 8(1) r. 10(4)
23 December 2014 GOVERNMENT GAZETTE, WA 4931 Road Traffic (Repeals and Amendment) Regulations 2014
Road Traffic (Events on Roads) Regulations 1991 amended Part 6 r. 30
Part 6 — Road Traffic (Events on Roads)
Regulations 1991 amended
30. Regulations amended
This Part amends the Road Traffic (Events on Roads)
Regulations 1991.
31. Regulation 4 amended
In regulation 4(1)(a) delete “each local authority for the” and
insert:the local government of each
32. Regulation 6 amended
Delete regulation 6(2)(c)(i) and insert:
(i) the fee set out in the Table that applies to the relevant category event; and
Table
Category event Fee $
Category 1 event 192.40 Category 2 event 115.70 Category 3 event 77.80 Category 4 event 77.80
4932 GOVERNMENT GAZETTE, WA 23 December 2014 Road Traffic (Repeals and Amendment) Regulations 2014
Part 6 Road Traffic (Events on Roads) Regulations 1991 amended r. 33 33. Regulation 8 amended
After regulation 8(4) insert:
(5) The Commissioner of Police may —
(a) on making an order, refund the difference between the fee paid on the application for the order and a lower fee payable for an application for an order for the event as categorised by the Commissioner; or (b) make an order subject to the payment by the applicant of the difference between the fee paid on the application for the order and a higher fee payable for an application for an order for the event as categorised by the Commissioner.
34. Various references to “local authority” amended
In the provisions listed in the Table:
(a) delete “authority” (each occurrence) and insert: government
(b) delete “AUTHORITY” and insert: GOVERNMENT
Table
r. 4(2) r. 9(1), (2), (3) and (4) Sch. 1 Form 1 it. 20, Sch. 1 Form 2 it. 7 Requirements (C) and (D)
23 December 2014 GOVERNMENT GAZETTE, WA 4933 Road Traffic (Repeals and Amendment) Regulations 2014
Road Traffic (Events on Roads) Regulations 1991 amended Part 6 r. 35
35. Schedule 1 amended
(1) In Schedule 1 Form 1:
(a) Road Traffic delete “NOTE: Under section 97(b) of the particular likely to affect the discharge of that person’s duty under the Act.” and insert:
NOTE: Under the Road Traffic (Administration) Act 2008
section 36(1) it is an offence for a person to give
information that the person knows to be false or
misleading in a material particular to a person performing
a function under a road law.(b) delete item 17 and insert: 17. Race meetings and speed tests: specify each provision of each road law that the Minister is requested to temporarily suspend under the Road Traffic (Administration) Act 2008 section 139 —
...........................................................................................
...........................................................................................
...........................................................................................
(2) In Schedule 1 Form 2 item 7 delete “Department.” and insert: Western Australia.
4934 GOVERNMENT GAZETTE, WA 23 December 2014 Road Traffic (Repeals and Amendment) Regulations 2014
Part 7 Road Traffic (Miscellaneous) Regulations 2008 amended r. 36
Part 7 — Road Traffic (Miscellaneous)
Regulations 2008 amended
36. Regulations amended
This Part amends the Road Traffic (Miscellaneous)
Regulations 2008.
37. Regulation 3 deleted
Delete regulation 3.
38. Parts 3 and 4 deleted
Delete Parts 3 and 4.
39. Schedule 2 deleted
Delete Schedule 2.
23 December 2014 GOVERNMENT GAZETTE, WA 4935 Road Traffic (Repeals and Amendment) Regulations 2014
Road Traffic (Omnibus) Regulations 1975 amended Part 8 r. 40
Part 8 — Road Traffic (Omnibus)
Regulations 1975 amended
40. Regulations amended
This Part amends the Road Traffic (Omnibus) Regulations 1975.
41. Regulation 2 replaced
Delete regulation 2 and insert:
2. Application
(1) Nothing in these regulations affects the operation of the
Public Transport Authority Regulations 2003.(2) These regulations are subject to any written law and
any law of the Commonwealth about assistance
animals as defined in the Disability Discrimination
Act 1992 (Commonwealth) section 9(2).
42. Regulation 4 amended
In regulation 4 delete “other than a guide dog in the company of
a blind person,” and insert:subject to the Disability Discrimination Act 1992
(Commonwealth),
4936 GOVERNMENT GAZETTE, WA 23 December 2014 Road Traffic (Repeals and Amendment) Regulations 2014
Part 8 Road Traffic (Omnibus) Regulations 1975 amended r. 43 43. Regulation 10 amended
(1) In regulation 10(3)(b) delete “property, if in the Metropolitan
Area, to the Criminal Investigation Branch of the Police
Department, at Perth or Fremantle, or, otherwise,” and insert:property (2) In regulation 10(4) delete “member of the Police Force” and
insert:police officer (3) In regulation 10(6) delete “owned by the Metropolitan (Perth)
Passenger Transport Trust or operated by the Western
Australian Government Railways Commission pursuant to
section 21 of the Government Railways Act 1904.” and insert:involved in the provision of a public passenger transport
service, as defined in the Public Transport Authority Act 2003
section 3, by the Public Transport Authority of Western
Australia.
23 December 2014 GOVERNMENT GAZETTE, WA 4937 Road Traffic (Repeals and Amendment) Regulations 2014
Road Traffic (Urine Sampling and Analysis) Regulations 1983 Part 9 amended
r. 44
Part 9 — Road Traffic (Urine Sampling and Analysis)
Regulations 1983 amended
44. Regulations amended
This Part amends the Road Traffic (Urine Sampling and
Analysis) Regulations 1983.
45. Regulation 12 inserted
After regulation 11 insert:
12. Fees for attendance, analysis
(1) The fees for the attendance of a medical practitioner or
registered nurse for the purpose of these regulations
are —
(a) a Friday and 9.00 a.m. on the following
Monday, or during the period betweenon any public holiday, or between 5.00 p.m. on day — $120; and
(b) at any other time — $100.
(2) Where a sample of urine is taken under these
regulations and a sample of blood is collected under the
Road Traffic (Blood Sampling and Analysis)
Regulations 1975 at the same attendance only one fee
is payable in respect of the taking and collection of
those samples.(3) Subject to subregulation (4) the fee for an analysis of a
urine sample by an analyst at the Chemistry Centre
(WA) is —
(a)
where the analysis is for alcohol content — $100; and
4938 GOVERNMENT GAZETTE, WA 23 December 2014 Road Traffic (Repeals and Amendment) Regulations 2014
Part 9 Road Traffic (Urine Sampling and Analysis) Regulations 1983
amendedr. 46
(b) where the analysis is for drug content — $450.
(4) Only one fee is payable if a sample of urine is analysed
for both alcohol and drug content and that fee is $450.(5) The fees payable under this regulation must be paid by
the Commissioner of Police.(6) If a person is convicted of an offence under section 63, 64, 64AA or 64A of the Act and the Commissioner of Police has paid a fee under subregulation (1) or (3) for the purposes of section 66 of the Act, the court convicting the person must order the person to repay
the Commissioner of Police the amount of the fee and
that amount may be recovered by the Commissioner of
Police as if it were a penalty imposed under the Act.
46. Various references to “member of the Police Force” amended
In the provisions listed in the Table delete “member of the
Police Force” and insert:police officer
Table
r. 9(1)(b) and (2) Sch. Form 2 Part 2 R. KENNEDY, Clerk of the Executive Council.
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