Transport Regulations Amendment (Heavy Vehicle) Regulations 2025 (WA)

Case
No judgment structure available for this case.

Western Australia

Road Traffic (Administration) Act 2008 Road Traffic (Vehicles) Act 2012

Transport Regulations Amendment (Heavy Vehicle) Regulations 2025

Western Australia

Transport Regulations Amendment (Heavy Vehicle) Regulations 2025 Contents Road Traffic (Administration) Act 2008 Road Traffic (Vehicles) Act 2012

Road Traffic (Administration) Act 2008 Road Traffic (Vehicles) Act 2012

Transport Regulations Amendment (Heavy Vehicle) Regulations 2025

Made by the Governor in Executive Council.

Part 1Preliminary1.Citation

These regulations are the Transport Regulations Amendment (Heavy Vehicle) Regulations 2025.

2.Commencement

These regulations come into operation as follows —

  • (a)

    Part 1 — on the day on which these regulations are published on the WA legislation website;

  • (b)

    the rest of the regulations — on the day after that day.

Part 2Road Traffic (Administration) Regulations 2014 amended3.Regulations amended

This Part amends the Road Traffic (Administration) Regulations 2014.

4.Regulation 22 amended

In regulation 22 in the Table:

  • (a)

    in the item for section 36(1) delete “mass or dimension modification” and insert:

     

modification of mass or dimension requirement

 
  • (b)

    after the item for section 36(1) insert:

     

s. 36(1)

Failure to comply with provision of order or permit for modification of mass or dimension requirement about a road on which the vehicle can or cannot be driven, in circumstances where the vehicle is a heavy vehicle

The greater of the following —

(a) the same number of PU as are set out in the Table to the Road Traffic (Vehicles) Act 2012 s. 30(1) for the minimum penalty for the offence that would have applied if the mass requirement (if any) had not been modified;

(b)    the same number of PU as are set out in the Road Traffic (Vehicles) Act 2012 s. 30(3)(b) to (d) for the minimum penalty for the offence that would have applied if the dimension requirement (if any) had not been modified

5.Regulation 30 amended

Delete regulation 30(b) and insert:

  • (b)

    the Commissioner of Main Roads.

     
Part 3Road Traffic (Vehicles) Regulations 2014 amended6.Regulations amended

This Part amends the Road Traffic (Vehicles) Regulations 2014.

7.Regulation 164 amended
  • (1)

    In regulation 164(7) delete “axles on” and insert:

     

axles of

  • (2)

    In regulation 164 before the Table insert:

     
  • (8)

    Subregulation (7) does not apply to a heavy vehicle to which regulation 164A applies.

     
8.Regulation 164A inserted

After regulation 164 insert:

164A. Mass limit for heavy vehicle with non‑compliant axle configuration

  • (1)

    This regulation applies to a heavy vehicle that does not comply with regulation 280.

  • (2)

    The sum of the mass on the axle groups and single axles of a heavy vehicle to which this regulation applies must not exceed 32.0 t.

     
9.Regulation 195 amended
  • (1)

    Delete regulation 195(2)(b) and insert:

     
    • (b)

      if the permit is not issued in respect of a specified class — the vehicle licence number of each vehicle to which it applies;

       
  • (2)

    After regulation 195(2) insert:

     
  • (3)

    If a permit is issued under section 35(1) in respect of a vehicle that is a motor vehicle made up of a combination of 2 or more vehicles, subregulation (2)(b) is taken to be satisfied if the vehicle licence number of any of the vehicles that make up the combination is specified in the permit.

  • (4)

    Subregulation (3) does not apply in relation to the specification in a permit of the vehicle licence number of a converter dolly.

     
10.Regulation 197 amended
  • (1)

    In regulation 197(1):

    • (a)

      delete the passage that begins with “permit or” and ends with “greater” and insert:

       

    permit, or for the variation of a permit, for the modification of a mass or dimension requirement for a class 1 vehicle in the case of more than 1 journey is the total

     
    • (b)

      in paragraph (b) delete “requirement,” and insert:

       

    requirement —

     
  • (2)

    In regulation 197(2) delete the passage that begins with “permit” and ends with “greater” and insert:

     

permit, or for the variation of a permit, for a class 1 vehicle in the case of a single journey is the total

  • (3)

    In regulation 197(3) delete the passage that begins with “permit” (1st occurrence) and ends with “journey,” and insert:

     

permit, or for the variation of a permit, for a class 3 vehicle in the case of more than 1 journey

  • (4)

    After regulation 197(3) insert:

     
  • (4)

    The Commissioner of Main Roads may, on application by the permit holder, cancel a permit issued under section 34(1)(b) and refund, in whole or in part, any fee paid in respect of the permit if the Commissioner is satisfied that —

    • (a)

      in the case of a permit issued for a single journey — the permit has not been used; or

    • (b)

      in the case of a permit issued for more than 1 journey — there are journeys remaining for which the permit may be used.

  • (5)

    An application for a cancellation and refund under subregulation (4) must be in a form approved by the Commissioner of Main Roads.

     
11.Regulation 198 amended
  • (1)

    In regulation 198(1):

    • (a)

      delete “vary a” and insert:

       

    vary an order for the

     
    • (b)

      delete “made by order”;

    • (c)

      after “made or” insert:

       

    previously

     
  • (2)

    In regulation 198(2):

    • (a)

      delete “a permit” and insert:

       

    the permit

     
    • (b)

      after “vary a” insert:

       

    permit for the

     
    • (c)

      delete “made by the permit”;

    • (d)

      before “varied.” insert:

       

    previously

     

Note: The heading to amended regulation 198 is to read:

Variation of order or permit for modification of mass or dimension requirement by Commissioner

12.Regulation 206 amended

After regulation 206(2) insert:

  • (3)

    If a permit is issued under section 42(1) in respect of a specified complying restricted access vehicle that is a motor vehicle made up of a combination of 2 or more vehicles, subregulation (2)(b) is taken to be satisfied if the vehicle licence number of any of the vehicles that make up the combination is specified in the permit.

  • (4)

    Subregulation (3) does not apply in relation to the specification in a permit of the vehicle licence number of a converter dolly.

     

Note: The heading to regulation 199 is to read:

Suspension, cancellation of modification of mass or dimension requirement

N. HAGLEY, Clerk of the Executive Council

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0