Transport Regulations Amendment (Road Traffic) Regulations (No. 2) 2020 (WA)

4 December 2020 GOVERNMENT GAZETTE, WA 4419

TRANSPORT

TN301

Road Traffic (Administration) Act 2008

Road Traffic (Vehicles) Act 2012

Transport Regulations Amendment (Road

Traffic) Regulations (No. 2) 2020

SL 2020/231

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.             Citation

These regulations are the Transport Regulations Amendment
(Road Traffic) Regulations (No. 2) 2020.

2.             Commencement

These regulations come into operation as follows —

(a) Part 1 — on the day on which these regulations are

published in the Gazette;

(b) the rest of the regulations — on the day on which the

Road Traffic Amendment (Immobilisation, Towing and

Detention of Vehicles) Act 2020 section 6 comes into operation.

Part 2 — Road Traffic (Administration)

Regulations 2014 amended

3.             Regulations amended

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

4.             Regulation 14 amended

In regulation 14(1) in the Table:

(a)	before the item for the Road Traffic (Administration) Act 2008 Pt. 4 insert:
Road Traffic Act 1974 s. 102	Request copy of towing
arrangement

4420 GOVERNMENT GAZETTE, WA 4 December 2020

(b) in the item for the Road Traffic (Administration)

Act 2008 s. 79 after “26” insert:

or 26A

5.             Regulation 15 amended

In regulation 15 delete “other than the Road Traffic Act 1974.”

and insert:

other than an offence to which section 105(1) applies.

6.             Regulation 21 amended

In regulation 21 in the Table after the item for s. 47(4) insert:

s. 61C(4) Failure to comply with 5

direction under

s. 61C(1)

s. 61D(2)	Failure to comply with	5
direction under
s. 61D(1)
s. 61D(3)	Providing false or	10
misleading information in purported compliance with direction under
s. 61D(1)
s. 61E(3)	Failure to comply with	5
direction under
s. 61E(1)
s. 71(5A)	Acting in	10
contravention of RTA Part 6A embargo
notice
s. 71(7A)	Failure to prevent	10
action in contravention of RTA Part 6A embargo
notice

4 December 2020 GOVERNMENT GAZETTE, WA 4421

7.             Regulation 23 amended

In regulation 23(2) at the end of the Table insert:

s. 95(1) Immobilising parked 20

motor vehicle

s. 97(1)	Towing parked motor	10
vehicle without satisfying
requirements
s. 97(4)	Controller of premises	10
giving false or misleading information to tow
truck driver
s. 99(2)	Failure to release	10
vehicle that is being
loaded onto tow truck
s. 100(2)	Failure to inform	10
person that vehicle will be released on payment of on-site
release charge
s. 100(3)	Failure to release	10
vehicle on payment of
on-site release charge
s. 100(4)	Stating amount for	10
on-site release charge that exceeds
prescribed maximum
s. 100(5)	Imposing further	10
towing charges after release of vehicle following payment of
on-site release charge
s. 101	Failure to tow vehicle	4
by most direct route to
approved storage yard
s. 102(2)	Failure to give copy of	10
towing arrangement

4422 GOVERNMENT GAZETTE, WA 4 December 2020

s. 102(4)	Failure to ensure	4
persons are given or have access to towing
arrangement
s. 103(2)	Failure to release	10
vehicle from storage
yard
s. 105(1)	Imposing towing	4
charges in excess of
prescribed maximum
s. 105A(1)	Imposing storage	4
charges in excess of
prescribed maximum
s. 105E(1)	Detaining parked	10
motor vehicle

8.             Regulation 24 amended

In regulation 24(1) in the Table after the item for the Road
Traffic (Authorisation to Drive) Regulations 2014 insert:

Road Traffic (Towing of  Pt. 2 

Vehicles) Regulations 2020

9.             Regulation 26A inserted

After regulation 26 insert:

26A.	Offences for which infringement notices may be served by transport investigation wardens
For regulation 14(1) in relation to serving infringement notices for offences prescribed for the purposes of section 79, an offence under a provision of a road law mentioned in the Table is an offence for which an infringement notice may be served by a transport investigation warden.

Table

Road law Provision

Road Traffic Act 1974	s. 95(1), 97(1), 97(4), 99(2), 100(2), 100(3), 100(4), 100(5), 101, 102(2), 102(4), 103(2), 105(1), 105A(1),
105E(1)

4 December 2020 GOVERNMENT GAZETTE, WA 4423

Road law Provision

Road Traffic	s. 61C(4), 61D(2), 61D(3),
(Administration) Act 2008	61E(3), 71(5A), 71(7A)
Road Traffic (Towing of	Pt. 2
Vehicles) Regulations 2020

10.           Regulation 28 amended

(1)	In regulation 28(1) and (2) delete “1974” and insert:
1974, other than an offence under Part 6A of that Act or under the Road Traffic (Towing of Vehicles) Regulations 2020,
(2)	In regulation 28(3):

(a)	delete “other than the Road Traffic Act 1974”;
(b)	delete paragraph (a)(i) to (vi) and insert:

(i) Executive Director, Drivers and
Vehicles;

(ii) Director, Governance and Intelligence;

(iii) Compliance Services Manager;

(iv) Investigation and Integrity Services
Manager;

(v) Manager, Quality Assurance;

(vi) Manager, Risk and Business
Intelligence;

(vii)      Manager, Risk and Audit;

(3)	In regulation 28(4) delete “other than the Road Traffic Act 1974”.
(4)	After regulation 28(4) insert:
(5) A reference in subregulation (3) or (4) to an offence under a road law does not include an offence under the Road Traffic Act 1974, other than an offence under Part 6A of that Act or under the Road Traffic (Towing of Vehicles) Regulations 2020.

4424 GOVERNMENT GAZETTE, WA 4 December 2020

11.           Regulation 34A inserted

At the end of Part 9 insert:

34A.	Review of decisions under Road Traffic Act 1974 s. 104(3)
A person affected by a decision of the CEO to grant, or refuse to grant, an approval under the Road Traffic Act 1974 section 104(3) may apply to the State Administrative Tribunal for a review of the decision.

12.           Schedule 1 amended

In Schedule 1:

(a) delete “s. 55 including those in s. 53(5) and 54(8).” and insert:

[s. 55 including those in s. 53(5) and 54(8)] / [s. 61B including

1A

those in s. 55 that apply under s. 61B(6)].

(b) delete note 1 and insert:

1A.	Delete as appropriate.
1.	State the address or geographical location of the premises as defined in the Act s. 55(1) or 61B(1) (as relevant) to be entered.

Part 3 — Road Traffic (Vehicles) Regulations 2014

amended

13.           Regulations amended

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

14.           Regulation 422 amended

After regulation 422(3) insert:

(4) Subregulation (3) does not apply to the delivery up of a vehicle if the Road Traffic Act 1974 Part 6A Division 3 or 4 applies to require the delivery.

V. MOLAN, Clerk of the Executive Council.

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