Road Traffic (Vehicles) Act 2012 (WA)

Western Australia Road Traffic (Vehicles) Act 2012 Western Australia Road Traffic (Vehicles) Act 2012 Contents ‑Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 Part 2 — Licensing of vehicles Division 1 — General provisions about licensing 4. Vehicle licences 1 5. Applications for grant, renewal, transfer and variation of vehicle licences 1 6. Regulations for grant, renewal and variation of vehicle licences 1 7. Charges for vehicle licences 1 8. Licence obtained by means of dishonoured cheque of no effect 1 9. Cancellation, suspension of vehicle licence in certain circumstances 1 10. Transfer of vehicle licences 1 11. Requirement to make declaration on applying for grant or transfer of vehicle licence 1 12. Change of nominated owner 1 13. Permits and number plates for unlicensed vehicles 1 14. Register of vehicle licences 1 15. Labels to be affixed to certain vehicles 1 16. Effect of licence suspension order, disqualification 1 17. Classification of vehicle licences 1 18. Applicable charges in case of amendment 1 19. Minister may require vehicles to be inspected 1 Division 2 — Offensive advertisements on vehicles 19A. Licence warning notices 1 19B. Withdrawal of licence warning notices 1 Part 3 — Overseas motor vehicles when temporarily in Australia 20. Terms used 1 21. Application of this Part 1 22. Free vehicle licences for certain overseas vehicles 1 23. Vehicle licence for overseas vehicle granted in another jurisdiction has effect in this State 1 24. Free extension or renewal of vehicle licences for certain overseas vehicles 1 25. Free licence or renewal ceases to have effect in certain cases 1 26. Number plates on overseas vehicles 1 27. Regulations 1 Part 4 — Mass, dimension and loading requirements Division 1 — Term used in this Part 28. Term used: person connected 1 Division 2 — Mass, dimension and loading offences and modification of mass or dimension requirements Subdivision 1 — Mass, dimension and loading offences 29. Mass, dimension and loading requirements to be complied with 1 30. Penalties for mass, dimension or loading offences 1 31. Offences by consignees 1 Subdivision 2 — Modification of mass or dimension requirements for certain vehicles 32. Terms used 1 33. Modification of mass or dimension requirements for prescribed vehicles 1 34. Order or permit for modification 1 35. Application of modified mass or dimension requirement 1 36. Compliance with orders, permits 1 37. Regulations about modifying mass or dimension requirements 1 Division 3 — Access restrictions on certain vehicles that comply with mass or dimension requirements 38. Terms used 1 39. Restriction on access of complying restricted access vehicles to certain roads 1 40. Access approvals 1 41. Order or permit for access approval 1 42. Application of access approvals 1 43. Regulations about giving access approvals 1 Division 4 — Accreditation 44. Accreditation of persons in relation to certain heavy vehicles 1 45. Regulations about accreditation 1 46. Effect of suspension or cancellation of accreditation on modification or access approval 1 Part 5 — Categories of breach of mass, dimension or loading requirements Division 1 — The categories of breach 47. Categories of breach 1 Division 2 — Mass requirements: categories of breach 48. Mass requirements: minor risk breaches 1 49. Mass requirements: substantial risk breaches 1 50. Mass requirements: severe risk breaches 1 Division 3 — Dimension requirements: categories of breach 51. Terms used 1 52. Dimension requirements: minor risk breaches 1 53. Dimension requirements: substantial risk breaches 1 54. Dimension requirements: severe risk breaches 1 55. Dangerous projections 1 Division 4 — Loading requirements: categories of breach 56. Determining whether breach of loading requirement gives rise to certain risks 1 57. When a load's becoming displaced or unsecured is imminent 1 58. Loading requirements: minor risk breaches 1 59. Loading requirements: substantial risk breaches 1 60. Loading requirements: severe risk breaches 1 Part 6 — Directions as to MDLR breaches, defect notices and improvement notices Division 1 — General 61. Application of Part in relation to other directions 1 Division 2 — Rectification of breaches of mass, dimension or loading requirements 62. Term used: rectification action 1 63. Minor risk breaches 1 64. Substantial risk breaches 1 65. Severe risk breaches 1 66. Directions to be complied with 1 67. Authorisation to continue journey if only minor risk breaches 1 68. Operation of directions in relation to detachable vehicles 1 69. Directions and authorisations to be in writing 1 Division 3 — Defect notices 70. Terms used 1 71. Notices in relation to vehicle defects 1 72. Form and content of defect notices 1 73. Service of defect notices 1 74. Duration of defect notice 1 75. Defect notices and directions to be complied with 1 76. Powers of vehicle examiners 1 Division 4 — Improvement notices 77. Terms used 1 78. Improvement notices 1 79. Form and content of improvement notices 1 80. Improvement notice to be complied with 1 81. Amendment of improvement notices 1 82. Cancellation of improvement notices 1 83. Clearance certificates 1 Part 7 — Container weight declarations Division 1 — Obligations in relation to container weight declarations 84. Terms used 1 85. Form of container weight declaration 1 86. Duty of responsible entity 1 87. Duty of responsible person 1 88. Duty of driver 1 Division 2 — Recovery of losses resulting from not providing accurate container weight declarations 89. Recovery of losses if container weight declaration not provided 1 90. Recovery of losses for provision of inaccurate container weight declaration 1 91. Recovery of amount by responsible entity 1 92. Assessment of monetary value or attributable amount 1 93. Costs 1 Part 8 — Other MDLR offences Division 1 — False or misleading transport documentation offences 94. Terms used 1 95. Consignors: transport documentation 1 96. Packers: transport documentation 1 97. Loaders: transport documentation 1 98. Receivers: transport documentation 1 99. Responsible entity: container weight declaration 1 100. Responsible person for vehicle: container weight declaration 1 101. Container weight declaration: certain information not necessarily false or misleading 1 102. Reasonable steps defence 1 Division 2 — Miscellaneous MDLR offences 103. Weight of freight container: consignors' duties 1 104. Weight of freight container: packers' duties 1 105. Dismissal or other victimisation of employee or contractor assisting with or reporting breaches 1 106. Coercing, inducing or offering incentive 1 107. Certain false or misleading information not to be provided to involved persons 1 Part 9 — Liability for MDLR offences committed by other persons 108. Liability of officers for offence by body corporate 1 109. Liability of partners and persons managing partnerships 1 110. Liability of persons managing unincorporated associations 1 111. Liability of employers 1 112. Liability of offender not affected 1 Part 10 — Defences Division 1 — Reasonable steps defences 113. Reasonable steps defence 1 Division 2 — Other defences 114. Defence for responsible persons 1 115. Defence for drivers 1 116. Laws as to criminal responsibility not affected 1 Part 11 — Court imposed sanctions Division 1 — Term used in this Part 117. Term used: associate 1 Division 2 — General matters as to sentencing for MDLR offences 118. Sentencing principles 1 119. Default categorisation 1 120. Matters to be considered by courts when sentencing 1 121. Prohibition order has priority 1 122. Previous convictions of MDLR offences 1 Division 3 — Commercial benefits penalty orders 123. Commercial benefits penalty orders 1 Division 4 — Driver and vehicle licence sanctions 124. Power to affect driver's licence 1 125. Power to affect vehicle licence 1 Division 5 — Supervisory intervention orders 126. Supervisory intervention orders 1 127. Supervisory intervention order to be complied with 1 Division 6 — Prohibition orders 128. Prohibition orders 1 129. Prohibition order to be complied with 1 Part 12 — Miscellaneous 130. Substitution of vehicle in certain circumstances 1 131. Motor vehicle pools and insurance 1 Part 13 — Regulations 132. Regulations 1 133. Exemptions from regulations about vehicle standards and requirements 1 134. Exemptions from regulations in emergencies 1 135. Regulations about exemptions 1 136. Schemes for optional number plates 1 137. Regulations may refer to published documents 1 138. Minister's declarations that specified regulations do not apply to specified persons or vehicles 1 Part 14 — Transitional provisions Division 1 — Transitional provisions arising from certain amendments made to the Road Traffic Act 1974 by the Road Traffic Legislation Amendment Act 2012 139. Terms used 1 140. Application of Interpretation Act 1984 1 141. Vehicle licences, applications 1 142. Transfer of vehicle licences 1 143. Change of nominated owner 1 144. Permits, number plates and notices for unlicensed vehicles 1 145. Register of vehicle licences 1 146. Minister may require vehicles to be inspected 1 147. Overseas vehicles temporarily in Australia 1 148. Vehicle examiners and inspection stations 1 149. Mass requirements for class 3 vehicles used in Harvest Mass Management Scheme 1 150. Transitional regulations 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Road Traffic (Vehicles) Act 2012 An Act to provide for the licensing and standards of vehicles and for mass, dimension and loading requirements for vehicles used for transporting goods and passengers by road and for related matters.