Transport Amendment Act 1985 (WA)

WESTERN AUSTRALIA.

TRANSPORT.

No. 30 of 1985.

AN ACT to amend the Transport Act 1966.

[Assented to 24 April 1985.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Transport niarPrtlixtic?pal

Amendment Act 1985. Act.

(2) In this Act the Transport Act 1966 is referred 1approvedd

to as the principal Act. 19 July 1983.

No. 30.] Transport. [1985.

Commence-

ment. 2. The provisions of this Act shall come into

operation on such day or days as is or are respectively

fixed by proclamation.

Section 4	3.	Section 4 of the principal Act is amended in
amended.

the definition of "omnibus" by deleting "the Road

Traffic Act 1974" and substituting the following-

" Part IIIB ".

Section 15B

amended. 4. Section 15B of the principal Act is amended

in subsection (2)-

(a) by deleting "to —" and substituting the following-

" to maintain a general overview of transport services in this State and to monitor the effectiveness of existing transport services in meeting the needs of the people of this State and for those purposes to— "; and

(b) by inserting after subparagraph (iii) of paragraph (a) the following sub- paragraph

it (iv) determining the need of, and level

of, any subsidy to ensure that transport services for a particular district are adequate; ".

Section 16

amended. 5. Section 16 of the principal Act is amended

(a) in subsection (1) by deleting "call tenders for the provision of road transport" and substitute the following-

" enter into negotiations or invite tenders, or both, for the provision of transport services "; and

1985.] Transport. [No. 30.

(b) by inserting the following subsection

C' (la) The Commissioner having con-

sidered the tenders submitted in response to an invitation to tender for the provision of transport services may, and on the direction of the Minister shall, enter into negotiations with all or any of the persons who have responded to the invitation in question or with any other person for the purpose of ensuring the provision of the transport services of the kind re- ferred to in the invitation to tender. ".

6. Section 19 of the principal Act is amended by =Le

repealing subsection (2) and substituting the follow-

ing subsections-

(2) The Minister may by Order published in the Government Gazette grant exemptions from the provisions of this Part.

(3) An Order made under subsection (2) may be amended or revoked by the Minister by an Order published in the Government Gazette.

(4) Section 43 (7), (8) and (9) of the Interpretation Act 1984 applies to an Order made under this section as though the Order were subsidiary legislation. ".

7. Section 27 of the principal Act is amended amended?

by inserting after subsection (2) the following

subsection

C C

(2a) In addition to the powers conferred on the Commissioner under subsection (2), the Commissioner may grant a licence in respect of the operation of a vehicle on a particular route on the condition that the crew of any vehicle operated by virtue of the

No. 30.] Transport. [1985.

licence shall disembark from the vehicle at such places on the route as are specified in the licence and shall be replaced by other crew who shall embark on the vehicle only at the places so specified. ".

Section 33

amended. 8. Section 33 of the principal Act is amended

(a) by repealing subsection (4) and

substituting the following subsection-

tt (4) A licence is not required for a

commercial goods vehicle that is being used solely for any carriage specified in the First Schedule. "; and

(b) by inserting after subsection (5) the following subsection

It

(6) Where in any proceedings for an offence against this Act the defendant proposes to claim an exemption from the provisions of this Part under subsection (4) the defendant shall, not later than 14 days before the date appointed for the hearing of the complaint, give the Commissioner written details of the exemption claimed. ".

Section 45

amended.	9.	Section 45 of the principal Act is amended
(a) by inserting after the section designation "45." the subsection designation "(1)";
(b) by inserting the following subsections

if

(2) The Commissioner shall in considering any application for a licence for an aircraft have regard to government policy as directed by the Minister from time to time.

1985.1 Transport. [No. 30.

(3) Notwithstanding anything in this section, but subject to any direction given by the Minister, the Commissioner may at any stage, for any reason, defer an application or refrain from dealing with an application. ".

10.    Section 47Z of the principal Act is amended mend eti

by deleting the definition of "taxi-car" and sub-

stituting the following definition

'C "taxi-car" means a vehicle that is used for the

purpose of standing or plying for hire or otherwise for the carrying of passengers for reward; ".

11.    Section 48 of the principal Act is amended by =16

inserting after subsection (2) the following sub-

section

C' (3) Where an employee is obliged by his

employer to drive a commercial goods vehicle so as to contravene any or all of the provisions of this section that contravention shall not be pleaded in bar to any claim for the recovery of any wages or other remuneration due by the employer to the employee. ".

12.    Section 49 of the principal Act is amended ,T.rgl.:Jcpcp

in subsection (2) by inserting after "so required,"

the following-

" or fails to stop a vehicle when required to do so pursuant to this section, ".

13.    Section 51 of the principal Act is repealed 2,e=Ned .

and the following section substituted

'C 51. In any prosecution for an offence under Proof nn

this Act, an averment in the complaint that

(a) a person is, or was, the owner of a public vehicle; or

No. 30.J Transport. [1985.

(b) a public vehicle is or was unlicensed,

is deemed to be proved, in absence of proof to

the contrary. ".

Section 56

amended. 14. Section 56 of the principal Act is amended

(a) by deleting "fifty dollars" and substituting the following-

11 $200 "; and

(b) by deleting "ten dollars" and substituting the following-

" $40 ".

Section 62

amended. 15. Section 62 of the principal Act is amended in

subsection (2) by inserting after "fees" in paragraph

(a)

the following-

" and charges ".

Mrst

Schedule	16.	The First Schedule to the principal Act is
amended.

amended

(a) by inserting before clause 1 the following-

" For the purposes of this Schedule a vehicle

shall not be regarded as being owned by the

producer of the goods being carried unless

(a) where the vehicle is owned by a natural person, that person is the producer of the goods being carried on the vehicle or is operating the vehicle for, or on behalf of, another person who is the producer of the goods being

carried under a bona fide agreement

or arrangement that relates to the production of the goods and not only to the transport thereof;

1985.] Transport. [No. 30.

(b) where the vehicle is owned by more than 1 person, those persons are bona

fide the producers of the goods being

carried;

(c) where the vehicle is owned by a body

corporate, the membership of the body corporate consists of natural persons

who are bona fide the producers of the

goods being carried,

and that person or one of those persons or

One of the members of the body corporate,

as the case requires, is registered as the owner of the vehicle under the Road Traffic Act 1974. "; ".

(b) in clause 3, by deleting "wheat or oats" and

substituting the following-

" grain or seed ".