Road Traffic (Vehicle Standards) Amendment Regulations (No. 2) 2005 (WA)

27 May 2005 GOVERNMENT GAZETTE, WA 2313

TR306*

Road Traffic Act 1974

Road Traffic (Vehicle Standards) Amendment

Regulations (No. 2) 2005

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Road Traffic (Vehicle Standards)
Amendment Regulations (No. 2) 2005.

2.            The regulations amended

The amendments in these regulations are to the Road Traffic
(Vehicle Standards) Regulations 2002*.

[* Published in Gazette 9 August 2002, p. 3903-4020.

For amendments to 18 March 2005 see Western Australian
Legislation Information Tables for 2003, Table 4, p. 340, and
Gazette 28 May 2004.]

3.            Regulation 15 amended

(1) Regulation 15(1) is amended as follows:

(a)	by inserting after "Guide" — " – Second Edition ";
(b)	by deleting paragraphs (a) and (b) and inserting the following paragraphs instead

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(a)	published by the National Transport Commission in April 2004; and
(b)	available from the Department and on the National Transport Commission's interne website.
standards recommended in the "Load Restraint Guide"

(2) Regulation 15(2) is repealed and the following subregulations

are inserted instead —

(la) In proceedings for a failure to comply with Schedule 1
clause 12 (relating to loading a vehicle) before the
Road Traffic (Vehicle Standards) Amendment
Regulations (No.2) 2005 come into operation, it is
sufficient for the prosecution to prove that the load on
the vehicle was not placed, secured or restrained (as the
case requires) in a way that met the performance

2314 GOVERNMENT GAZETTE, WA 27 May 2005

published by the Australian Government Publishing

Service on 12 December 1994.

(2) In proceedings for a failure to comply with Schedule 1

clause 12 a document purporting to be —

(a)	the "Load Restraint Guide — Second Edition" referred to in subregulation (1) is, in the absence of any evidence to the contrary, to be taken to be the "Load Restraint Guide — Second Edition"; and
(b)	the "Load Restraint Guide" referred to in subregulation (la) is, in the absence of any evidence to the contrary, to be taken to be the "Load Restraint Guide".

(3) After regulation 15(3) the following subregulation is inserted -

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(4) In this regulation —

"National Transport Commission" means the body
corporate established by section 5 of the National
Transport Commission Act 2003 of the

Commonwealth.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.