Road Traffic (Vehicles) Amendment Regulations (No. 2) 2022 (WA)
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Road Traffic (Vehicles) Act 2012
Road Traffic (Vehicles) Amendment Regulations
(No. 2) 2022
SL 2022/174
Made by the Governor in Executive Council.
1. Citation
These regulations are the Road Traffic (Vehicles) Amendment
Regulations (No. 2) 2022.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) regulations 3, 5, 13(4) and 15 to 20 — on 7 November 2022; (c) the rest of the regulations — on 7 November 2023. 3. Regulations amended
These regulations amend the Road Traffic (Vehicles)
Regulations 2014.
4. Regulation 3 amended
(1) In regulation 3 delete the definition of tow truck. (2) In regulation 3 insert in alphabetical order: tow includes the following —
(a) to carry; (b) to lift and tow; (c) to lift and carry; (d) to lift for the purpose of towing; tow truck means —
(a) a motor vehicle that is —
(i) equipped with a crane, winch, ramp or other lifting or loading device; and
21 October 2022 GOVERNMENT GAZETTE, WA 4959 (ii) used or intended to be used for the
towing or salvaging of a motor vehicle;
or
(b) a combination consisting of a prime mover
towing a semi-trailer that is(i) equipped with a crane, winch, ramp or other lifting or loading device; and
(ii) used or intended to be used for the towing or salvaging of a motor vehicle.
5. Regulation 363 amended
In regulation 363(1) delete "that" (Is' occurrence).
6. Regulation 407A inserted
At the beginning of Part 12 Division 1 insert:
407A. Terms used
In this Part
tilt tray tow truck means a tow truck that is equippedwith
(a) a fixed or tilting platform or tray for the carriage of a motor vehicle; and (b) a winch for loading a motor vehicle onto the platform or tray.
7. Regulation 409 amended
(1) Before regulation 409(1) insert:
(1A) In this regulation address means
(a) a residential or business address; or (b) a post office box address.
(2) In regulation 409(4):
(a) delete "suitable spacer bars and safety chains" and
insert:equipment of a type approved by the CEO
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(b) delete "towed and the spacer bars must be so designed
as to minimise any damage to the towed vehicle caused
by the towing vehicle or its equipment." and insert:towed.
(3) In regulation 409(6) delete "that is" and insert: of a type approved by the CEO (4) In regulation 409(7) delete "letters at least 50 mm high and 25 mm wide -" and insert: a type and form approved by the CEO (5)
After regulation 409(7) insert:
(8) A tilt tray tow truck must be fitted with a rear underrun
protective device of a type approved by the CEO.8. Regulation 410 amended
(1) In regulation 410(3) delete the passage that begins with
"complying" and ends with "order." and insert:of a type approved by the CEO. (2)
After regulation 410(3) insert:
(4) The driver of a tow truck that is towing a heavy vehicle
must ensure that the heavy vehicle displays a warning
sign of a type and placement approved by the CEO.Note: The heading to amended regulation 410 is to read:
Lights, warning devices and signs
9. Regulations 411 to 413 deleted
Delete regulations 411 to 413.
10. Regulation 414 amended
(1) In regulation 414(2):
(a) delete "are to" and insert: other than tilt tray tow trucks must
21 October 2022 GOVERNMENT GAZETTE, WA 4961
(b) delete "6 125 kg and fitted with a crane having a safe
working load of not less than 5 080 kg." and insert:6 125 kg, fitted with a crane having a safe working
load of not less than 5 080 kg and having a minimum
GCM of 18 t.Class 4
Tow trucks having a load capacity of not less than 7 t, fitted with a crane having a safe working load of not less than 7 t and having a minimum GCM of 60 t.
(2) After regulation 4 14(2) insert: (2A) Tilt tray tow trucks must be classified in accordance
with these specifications
Class iT—Tilt tray tow trucks having a load capacity of not less than 1 270 kg and fitted with a winch having a safe working load of not less than 1 045 kg.
Class 2T—
Tilt tray tow trucks having a load capacity of not less than 3 040 kg and fitted with a winch having a safe working load of not less than 2 540 kg.
Class 3T—
Tilt tray tow trucks having a load capacity of not less than 6 125 kg and fitted with a winch having a safe working load of not less than 5 080 kg.
Class 4T Tilt tray tow trucks having a load capacity of not less than 12 t and fitted with a winch having a safe working load of not less than 7 t.
(3) In regulation 414(3):
(a) delete "GyM" and insert: gross mass
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(b) delete the Table and insert:
Class of tow truck Gross mass of vehicle
1,1T 2030kg 2,2T 5080kg
11. Regulation 415 amended
(1) Before regulation 415(1) insert: (1A) In this regulation
lifting apparatus means a crane, winch, ramp or other lifting or loading device that is capable of elevating a motor vehicle to a higher position or level.
(2) In regulation 415(2):
(a) delete "crane" and insert: lifting apparatus
(b) delete "crane." and insert: lifting apparatus.
(3) In regulation 4 15(3) delete "crane" and insert: lifting apparatus
(4) After regulation 415(4) insert: (4A) A lifting apparatus must be provided with adequate means for supporting the load in its raised position while under tow.
(5) In regulation 4 15(5) delete "crane" and insert: lifting apparatus 12. Regulation 416 deleted
Delete regulation 416.
21 October 2022 GOVERNMENT GAZETTE, WA 4963 13. Regulation 417 amended
(1) Before regulation 417(1) insert: (1A) Except as provided in subregulation (2), (3) or (3A), the driver of a Class 3 or Class 4 tow truck towing a vehicle must have control of the braking system of the
towed vehicle.
Penalty for this subregulation:
(a) for a first offence, a fine of 2 PU; (b)
for a second or subsequent offence, a fine of 4 PU.
(2) In regulation 417(1) and (2) after "Class 3" insert: or Class 4 (3) After regulation 417(3) insert: (3A) In the case of a tilt tray tow truck towing a vehicle by means of an underlift system in circumstances where the driver of the tow truck does not have control of the
braking system of the towed vehicle, the maximum
combined mass of the tilt tray tow truck and the towedvehicle must not exceed the lesser of the following
(a)
the tilt tray tow truck GVM plus its towing capacity;
(b)
if the tilt tray tow truck towing capacity is not specified by the manufacturer the tilt tray tow truck GYM plus 750 kg;
(c) the tilt tray tow truck GCM.
(4) In regulation 417(4) in the Penalty delete "an offence under". 14. Regulation 418 amended
In regulation 4 18(2) after "Class 3" insert:
or Class 4
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15. Regulation 419 amended
(1)
In regulation 419(1) delete the passage that begins with "has completed in duplicate" and ends with "when so completed." and insert:
has
(a) completed in duplicate a statement setting out
the following(i) the name and address of the person licensed to operate the tow truck;
(ii) the name and address of the tow truck's driver;
(iii) the tow truck's number plate details;
(iv) the name and address of the owner of the vehicle to be towed or salvaged, if known;
(v) if the removal of the vehicle to be towed or salvaged is authorised by a police officer the police officer's name and number assigned for official purposes;
(vi) in circumstances other than those referred to in subparagraph (v) the name and address of the person authorising the vehicle to be towed or salvaged;
(vii) the make and number plate details of the vehicle to be towed or salvaged;
(viii) the place from where the vehicle is to be moved;
(ix) the place to where the vehicle is to be
moved; (x) the maximum fee that will be charged for the tow or salvage of the vehicle;
(xi) the maximum fee that will be charged for the storage of the vehicle;
(xii) the date and time at which the authority to tow or salvage is signed;
and
(b)
signed, and obtained the signature of the person authorising the tow or salvage to, both copies of that statement when completed.
(2) In regulation 4 19(2) after "sign" insert: both copies of
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(3) In regulation 4 19(3) in the Penalty delete "Penalty:" and insert: Penalty for this subregulation:
(4) In regulation 419(4) in the Penalty delete "Penalty:" and insert: Penalty for this subregulation:
(5) In regulation 4 19(5) in the Penalty delete "Penalty:" and insert: Penalty for this subregulation:
(6) In regulation 419(6) in the Penalty delete "an offence under". 16. Regulation 419A inserted
After regulation 419 insert: 419A. Towing, salvage and storage fees
(1) A responsible person for a tow truck must not charge a
fee other than a fee for
(a) the tow or salvage of a vehicle; or (b) the storage of a vehicle. Penalty for this subregulation:
(a) for a first offence, a fine of 2 PU; (b) for a second or subsequent offence, a fine
of 4 PU.
(2) The fee charged for the tow, salvage or storage of a
vehicle must not exceed the maximum fee set out in the
statement under regulation 419(1 )(a)(x) or (xi), as applicable.
Penalty for this subregulation:(a) for a first offence, a fine of 2 PU; (b) for a second or subsequent offence, a fine
of 4 PU.
17. Regulation 420 amended
(1) At the end of regulation 420(3) insert: Penalty for this subregulation:
(a) for a first offence, a fine of 2 PU;
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(b) for a second or subsequent offence, a fine
of 4 PU.
(2) At the end of regulation 420(4) insert: Penalty for this subregulation:
(a) for a first offence, a fine of 2 PU; (b)
for a second or subsequent offence, a fine of 4 PU.
(3) At the end of regulation 420(5) insert: Penalty for this subregulation:
(a) for a first offence, a fine of 2 PU; (b)
for a second or subsequent offence, a fine of 4 PU.
(4) At the end of regulation 420(6) insert: Penalty for this subregulation:
(a) for a first offence, a fine of 2 PU; (b)
for a second or subsequent offence, a fine of 4 PU.
(5) In regulation 420 delete the Penalty. 18. Regulation 422 amended
(1) In regulation 422(1) in the Penalty delete "Penalty:" and insert:
Penalty for this subregulation:
(2) In regulation 422(2) in the Penalty delete "Penalty:" and insert: Penalty for this subregulation:
(3) In regulation 422(3) in the Penalty delete "an offence under". 19. Regulation 479 amended
In regulation 479(2)(c)(i) delete "regulation 483," and insert:
regulation 480,
21 October 2022 GOVERNMENT GAZETTE, WA 4967 20. Part 19 inserted
After regulation 509 insert:
Part 19— Transitional provision relating to
Road Traffic (Vehicles) Amendment Regulations
(No. 2) 2022
510. Tow trucks licensed during transitional period taken to comply with regulations
(1) A tow truck in respect of which a vehicle licence is in
effect immediately before 7 November 2023 is taken to
comply with Part 12 Division 1 provided the tow truck
complies with Part 12 Division 1 as it was in force
immediately before 7 November 2023.(2) Subregulation (1) ceases to operate in relation to a
vehicle licence on the day on which —
(a) the licence expires or is cancelled; or (b)
if the licence is renewed — the licence would have expired had it not been renewed.
B. D'SA, Clerk of the Executive Council.
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