Road Traffic (Vehicle Standards) Amendment Regulations 1999 (WA)

2 February 19991 GOVERNMENT GAZETTE, WA 353

TR302'

Road Traffic Act 1974

(Vehicle Standards) Regulations 1977* .

Road Traffic (Vehicle Standards)

Amendment Regulations 1999

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Road Traffic (Vehicle
Standards) Amendment Regulations 1999.

2.            The regulations amended

The amendments in these regulations are to the Road Traffic

354 GOVERNMENT GAZETTE, WA [2 February 1999

[* Reprinted as at 29 July 1996.

For amendments to 15 January 1999 see 1997 Index to

Legislation of Western Australia, Table 4, pp. 237-8, and

Gazette 12 May, 23 June and 17 November 1998.]

3.            Regulation 103B amended

Regulation 10313(b) is amended by inserting after "1008,"-

1017A, 1017B, ".

4.            Regulations 1017A and 1017B inserted

After regulation 1017 the following regulations are inserted -

1017A. Requirement to fit immobilizers

(1) A motor vehicle to which regulation 1017B applies

shall be fitted with an approved device at the time the

first application is made on or after 1 July 1999 -

(a)	under section 18 of the Act for the grant of a licence for the vehicle; or
(b)	under section 24 of the Act for the transfer of the licence for the vehicle,

whichever occurs first.

(2) An application is not a "first application" for the

purposes of subregulation (1) if it is made

(a) for—

(1) the transfer of a licence referred to in

section 76C(6)(a) of the Stamp

Act 1921; or

(ii) the issue of a licence referred to in

section 76C(6)(b) of that Act,

and the certification required by section 76C(7)

of that Act has been given in relation to the

transfer or issue of the licence; or

(b) for the transfer of the licence for a vehicle and the licence is to be transferred -

(1) under a testamentary instrument, or on
an intestacy, to a person who is entitled
to that vehicle in terms of the instrument

or on the intestacy; or

(ii) to comply with a judgment or order of a

court.

(3) If a vehicle is required under subregulation (1) to be

fitted with an approved device at the time an
application is made, that requirement continues in force
from that time.

2 February 19991 GOVERNMENT GAZETTE, WA 355

(4) In this regulation and regulation 1017B -

"approved device" means a device, approved by the

Director General by notice published in the theft.

1017B. Classes of vehicles to be fitted with immobilizers

(1) Except as stated in subregulation (2), this regulation

applies to a motor vehicle -

(a) that is—

(1) a motor car;

(ii)     a motor wagon that has a manufacturer's gross vehicle mass that does not exceed 4.5 tonnes; or

(iii)     an omnibus;

and

(b) that has a tare that does not exceed 3 tonnes.

(2) This regulation does not apply to a motor vehicle -

(a)	the first application referred to in	manufactured 25 years or more before the time vehicle;
(b)	to which regulation 2 1 D of the Road Traffic (Licensing) Regulations 1975 applies; or
(c)	exempted by the Director General, by notice published in the Gazette or notice in writing given to the owner of the vehicle, from the requirement to be fitted with an approved device.

By Command of the Governor, ROD SPENCER, Clerk of the Executive Council.