Road Traffic (Vehicles) Amendment Regulations (No. 3) 2019 (WA)
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TN301
Road Traffic (Vehicles) Act 2012
Road Traffic (Vehicles) Amendment
Regulations (No. 3) 2019
Made by the Governor in Executive Council.
1. Citation
These regulations are the Road Traffic (Vehicles) Amendment
Regulations (No. 3) 2019.
2. Commencement
These regulations come into operation as follows —
section 7(1);
(a)
regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
3. Regulations amended These regulations amend the Road Traffic (Vehicles)
Regulations 2014.
4. Regulation 3 amended
(1) In regulation 3 delete the definition of centre (each occurrence). (2) In regulation 3 insert in alphabetical order: Airservices Australia means the body established by
the Air Services Act 1995 (Commonwealth)
29 March 2019 GOVERNMENT GAZETTE, WA 963 Ajrservjces Australia vehicle means a vehicle driven by any of the following persons in the course of the person's duty to Airservices Australia -
(a)
the Chief Executive Officer appointed under the Air Services Act 1995 (Commonwealth) section 34;
(b)
a person appointed to act as the Chief Executive Officer under the Air Services Act 1995 (Commonwealth) section 41;
(c)
a person employed under the Air Services Act 1995 (Commonwealth) section 42;
(d)
a person engaged as a consultant under the Air Services Act 1995 (Commonwealth) section 43;
air storage tank, of a vehicle, means a tank fitted to the
vehicle for storing compressed air;
Australian Border Force has the meaning given in the
Australian Border Force Act 2015 (Commonwealth)
section 4(1);
Australian Border Force vehicle means a vehicle
driven by an Immigration and Border Protection
worker in the course of the worker's duty to the
Australian Border Force;centre line, of an axle, means -
(a) for an axle consisting of 1 shaft - a line parallel to the length of the axle and passing through the centre of the axle; or (b) for an axle consisting of 2 shafts - a line in the vertical plane passing through - (i) the centres of both shafts; and
(ii) the centres of the wheels on the shafts;
centre line, of an axle group, means - (a)
if the group consists of 2 axles, one of which is fitted with twice the number of tyres as the other axle - a vertical line located one-third of the way from the centre line of the axle with more tyres towards the centre line of the axle with fewer tyres; and
(b)
in any other case - a line located midway between the centre lines of the outermost axles of the group;
diesel engine means an engine that works on the
compression-ignition principle;
Immigration and Border Protection worker has the
meaning given in the Australian Border Force
Act 2015 (Commonwealth) section 4(1);
nearer side of the vehicle, in relation to a light or
reflector fitted to a vehicle, means the side of the
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vehicle that is closest to where the light or reflector is
fitted;
parking brake, of a vehicle, means the brake usually
used to keep the vehicle stationary while the vehicle is
parked;
side marker light means a light fitted to the side of a
vehicle indicating the presence and length of the
vehicle when viewed on that side;
vacuum storage tank, of a vehicle, means a tank fittedto the vehicle for storing air at low pressure;
5. Regulation 175 amended
In regulation 175(4)(a) after "centre" insert:line
Note: The heading to amended regulation 175 is to read:
Rear overhang
6. Regulation 176 amended
In regulation 176 after "centre" (each occurrence) insert:
line
7. Regulation 178 amended
Delete regulation 178(2)(b) and insert:
(b)
at the midpoint between adjacent axles - at least one-thirtieth of the distance between the
centre lines of the axles; and
8. Regulation 251 amended
Delete regulation 251(3)(d) and insert:
(d) an Australian Border Force vehicle; or
9. Regulation 255 amended
In regulation 255 delete "A motor vehicle propelled by a compression ignition engine (commonly known as a diesel engine)" and insert:
A motor vehicle propelled by a diesel engine
29 March 2019 GOVERNMENT GAZETTE, WA 965
10. Regulation 257 amended
After regulation 257(1) insert:
(1 A) The electrical components of a vehicle must be
securely mounted.
11. Regulation 258A inserted
After regulation 258 insert:
258A. Motor vehicle windscreen to be fitted A motor vehicle (other than a motor cycle, a motor tricycle or a moped) must be fitted with a windscreen if it is manufactured or designed to have a windscreen. 12. Regulation 259 amended
In regulation 259(1) in the definition of approved material delete paragraphs (e) and (f) and insert:
(e) British Standard BS 5282:1975 Specification for Road Vehicle Safety Glass; (f) British Standard BS AU178:1980 Specification for Road Vehicle Safety Glass;
13. Regulation 260 replaced
Delete regulation 260 and insert:
260. Motor vehicle window tinting
(1) In this regulation - glazing -
(a)
means material that may be used in a windscreen, window or interior partition of a motor vehicle, through which the vehicle's driver can see the road; but
(b)
does not include a coating added after manufacture of the material;
luminous transmittance, for glazing or a coating on
glazing, means the amount of light that can pass
through the glazing as a percentage of the amount of
light that would be transmitted if the glazing or coating
were absent;
rear glazing, for a motor vehicle, means glazing used
in a window or interior partition of the motor vehicle
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located behind the driver in the normal driving
position.
(2) Glazing used in a windscreen of a motor vehicle must
have a luminous transmittance of at least 70%.(3) Glazing used in a windscreen of a motor vehicle must
not be coated in a way that reduces its luminous
transmittance.(4) Subregulations (2) and (3) do not apply to the greater
of the following areas of a windscreen -
(a)
the area above the highest point of the windscreen that is swept by a windscreen wiper;
(b) the upper 10% of the windscreen.
(5) Glazing used in a window or interior partition of a
motor vehicle must have a luminous transmittance of at
least 70%.(6) Glazing used in a window or interior partition of a
motor vehicle, other than rear glazing, may be coated
to achieve a luminous transmittance of not less
than 35%.(7) If a motor vehicle is fitted with at least 1 rear vision
mirror to each side of the vehicle, the motor vehicle's
rear glazing may be coated to achieve a luminous
transmittance of at least 20%.(8) If all of the following apply to a motor vehicle, the
motor vehicle's rear glazing may be coated to achieve a
luminous transmittance of 0% or more -
(a)
the vehicle is fitted with at least 1 rear vision mirror to each side of the vehicle;
(b) the vehicle is designed primarily for the carriage of goods; (c) the vehicle has - (i) at least 4 wheels; or
(ii) at least 3 wheels and a GVM of more than 1 tonne.
(9)
The requirements about luminous transmittance applying to glazing used in a window of a motor vehicle set out in a second edition ADR or third edition
ADR do not apply to a window that has been coated as provided in subregulation (6), (7) or (8).
(10) Glazing used in a windscreen, window or interior
partition of a motor vehicle that has been coated to reduce its luminous transmittance must not have a reflectance of more than 10%.
29 March 2019 GOVERNMENT GAZETTE, WA 967 14. Regulation 264 amended
In regulation 264(1) delete "A heavy vehicle" and insert:
A vehicle
Note: The heading to amended regulation 264 is to read:
Pneumatic tyres for vehicles
15. Regulation 266 replaced
Delete regulation 266 and insert:
266. Size and capacity of pneumatic tyres of certain
vehicles(1) In this regulation -
radial ply tyre means a radial ply tyre within the
meaning of the ADR titled "Vehicle Standard
(Australian Design Rule - Definitions and Vehicle
Categories) 2005".(2)
The wheels and tyres fitted to an axle of a vehicle must be of sufficient size and capacity to carry the part of the vehicle's gross mass transmitted to the ground through the axle.
(3) For the purposes of subregulation (1), the size and
capacity of a pneumatic tyre to be fitted to a vehicle
must be decided using a cold inflation pressure that is
not more than the lesser of—
(a)
the pressure recommended by the lyre manufacturer; and
(b) a pressure of—
(i) for a radial ply lyre - 825 kPa; or for another lyre - 700 kPa.
16. Regulation 286 amended
Delete regulation 286(4) and (5) and insert:
(4) Up to 4 additional headlights may be fitted to a motor
vehicle with 4 or more wheels, a motor cycle or a
motor tricycle.(5)
An additional headlight fitted to a vehicle must be fitted so that it faces forward and is symmetrical in relation to the centre line of the vehicle.
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Additional headlight
Adthtional headlight
Centre line
Location of additional headlights on a vehicle
17. Regulation 307 amended
After regulation 307(7) insert:
(8)
For the purposes of this regulation, a light fitted to a vehicle that functions as a brake light and a direction indicator light is taken to be a brake light if the vehicle
was built before 1 January 1973.
18. Regulation 315 amended
At the beginning of regulation 315 insert:
(1 A) In this regulation -
rear fog light means a light used on a vehicle to make
the vehicle more easily visible from the rear in densefog.
19. Regulation 326 amended
In regulation 326(3)(c) delete "AS 1906-1990" and insert:
AS 1906
20. Regulation 327 amended
In regulation 327(4) in the definition of exempt vehicle delete paragraph (c) and insert:
(c) an Australian Border Force vehicle;
29 March 2019 GOVERNMENT GAZETTE, WA 969 21. Regulation 328 amended
(I) Delete regulation 328(1) and insert:
(1) In this regulation—
rear marking plate means a rear marking plate
complying with Vehicle Standards Bulletin VSB 12.(2) In regulation 328(3) delete "in the ADR." and insert: inVSB 12. 22. Regulation 334 amended
(1) At the beginning of regulation 344 insert: (1A) In this regulation -
compressed air reserve, for a vehicle, means
compressed air stored on the vehicle for supplying the
vehicle's braking system;
condensate drain valve means a device used to remove
water from the compressed air reserve for a vehicle
fitted with air brakes;
governor cut-o Ut pressure, of a vehicle, means the air
pressure at which the vehicle's air brake compressor
stops supplying air to the vehicle's air brake reservoir;
spring brake means a brake using one or more springs
to store the energy needed to operate the brake;
vacuum reserve, in relation to a vehicle, means air at a
low pressure stored on the vehicle for supplying thevehicle's braking system.
(2) In regulation 334(1 )(c) after "reservoir in the" insert: vehicle's braking (3) Delete regulation 334(2). 23. Regulation 335 amended
Delete regulation 335(8) and insert:
(8)
The parking brake of a vehicle or combination must be able to hold the vehicle or combination stationary on a 12% gradient—
(a) when the vehicle or combination is on a dry,
smooth road surface, free from loose material;
and
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(b) whether or not the vehicle or combination is
loaded.
24. Regulation 357 replaced
Delete regulation 357 and insert:357. Measurement of stationary noise levels
(1) In this regulation -
Commission means the National Transport
Commission established by the National Transport
Commission Act 2003 (Commonwealth).(2) For this Subdivision, the stationary noise level of a
motor vehicle is to be measured in accordance with the
procedure set out for the kind of vehicle in the
"National Stationary Exhaust Noise Test Procedures
for In-Service Motor Vehicles" - September 2006
(ISBN 1921168 50 1) published by the Commission.25. Regulation 357A inserted
After regulation 357 insert:
357A. Meaning of certified to ADR 83/00
For this Subdivision, a vehicle is certified to
ADR 83/00 if approval has been given under the Motor
Vehicle Standards Act 1989 (Commonwealth)
section 1OA to place identification plates on vehicles ofthat type showing compliance with that ADR.
26. Regulation 358 replaced
Delete regulation 358 and insert:
358. Silencing device for exhaust systems
(1)
A motor vehicle propelled by an internal combustion engine must be fitted with a silencing device through which all the exhaust from the engine passes.
(2) For subregulation (1), any silencing device designed to
be manipulated by the vehicle's operator, such as by
means of in-vehicle controls, must be designed so that
it can be tested with the device fully opened.
29 March 2019 GOVERNMENT GAZETTE, WA 971 27. Regulation 358A inserted
After regulation 358 insert:
358A. Application of regulations 359 to 361 Regulations 359 to 361 apply to a motor vehicle other than a vehicle certified to ADR 83/00. 28. Regulation 361A inserted
At the end of Part 10 Division 10 insert:
361A. Stationary noise levels: vehicles certified to
ADR 83/00The stationary noise level of a motor vehicle that is
certified to ADR 83/00 must not exceed, by more
than 5 dB(A), the noise level that is established for the
motor vehicle when it is certified.29. Regulation 362 replaced
Delete regulation 362 and insert:
362. LPG-powered vehicles
(1) An LPG system installed in a motor vehicle, and the
vehicle, must comply with all relevant requirements set
out in the version of AS 1425 LP Gas fuel systems for
vehicle engines that was current at the time the system
was installed in the vehicle.
(2) A motor vehicle that has an LPG system installed must have fixed conspicuously to its front and rear number plates the labels required by the version of AS 1425 LP Gas fuel systems for vehicle engines that was current at the time the system was installed in the vehicle.
(3)
If a motor vehicle had an LPG system installed before AS 1425 LP Gas fuel systems for vehicle engines was first published, the vehicle must have fixed
conspicuously to its front and rear number plates a
label:
(a) that is made of durable material; and (b)
that is at least 25 mm wide and 25 mm high; and
(c)
that is of a reflective red that conforms with either AS 1743 Road Signs - Specifications or AS 1906.1 Retroreflective materials and
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devices for road traffic control purposes
(Part 1: Retroreflective sheeting); and
(d) that states "LPGAS" or "LPG", or similar words or acronyms that have the same meaning, in capital letters at least 6 mm high.
30. Regulation 362A inserted
After regulation 362 insert:
362A. Vehicles powered by natural gas
A natural gas system installed in a motor vehicle, and the vehicle, must comply with all relevant requirements set out in the version of AS 2739 Natural gas (NG) fuel
systems for vehicle engines that was current at the time
the system was installed in the vehicle.
R. KENNEDY, Clerk of the Executive Council.
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