ROAD TRAFFIC (VEHICLES) ACT 2012

Western Australian Current Acts

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ROAD TRAFFIC (VEHICLES) ACT 2012

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used

PART 2 -- Licensing of vehicles

Division 1 -- General provisions about licensing

4. Vehicle licences
5. Applications for grant, renewal, transfer and variation of vehicle licences
6. Regulations for grant, renewal and variation of vehicle licences
7. Charges for vehicle licences
8. Licence obtained by means of dishonoured cheque of no effect
9. Cancellation, suspension of vehicle licence in certain circumstances
10. Transfer of vehicle licences
11. Requirement to make declaration on applying for grant or transfer of vehicle licence
12. Change of nominated owner
13. Permits and number plates for unlicensed vehicles
14. Register of vehicle licences
15. Labels to be affixed to certain vehicles
16. Effect of licence suspension order, disqualification
17. Classification of vehicle licences
18. Applicable charges in case of amendment
19. Minister may require vehicles to be inspected

Division 2 -- Offensive advertisements on vehicles

19A. Licence warning notices
19B. Withdrawal of licence warning notices

PART 3 -- Overseas motor vehicles when temporarily in Australia

20. Terms used
21. Application of this Part
22. Free vehicle licences for certain overseas vehicles
23. Vehicle licence for overseas vehicle granted in another jurisdiction has effect in this State
24. Free extension or renewal of vehicle licences for certain overseas vehicles
25. Free licence or renewal ceases to have effect in certain cases
26. Number plates on overseas vehicles
27. Regulations

PART 4 -- Mass, dimension and loading requirements

Division 1 -- Term used in this Part

28. Term used: person connected

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
30. Penalties for mass, dimension or loading offences
31. Offences by consignees

Subdivision 2 -- Modification of mass or dimension requirements for certain vehicles

32. Terms used
33. Modification of mass or dimension requirements for prescribed vehicles
34. Order or permit for modification
35. Application of modified mass or dimension requirement
36. Compliance with orders, permits
37. Regulations about modifying mass or dimension requirements

Division 3 -- Access restrictions on certain vehicles that comply with mass or dimension requirements

38. Terms used
39. Restriction on access of complying restricted access vehicles to certain roads
40. Access approvals
41. Order or permit for access approval
42. Application of access approvals
43. Regulations about giving access approvals

Division 4 -- Accreditation

44. Accreditation of persons in relation to certain heavy vehicles
45. Regulations about accreditation
46. Effect of suspension or cancellation of accreditation on modification or access approval

PART 5 -- Categories of breach of mass, dimension or loading requirements

Division 1 -- The categories of breach

47. Categories of breach

Division 2 -- Mass requirements: categories of breach

48. Mass requirements: minor risk breaches
49. Mass requirements: substantial risk breaches
50. Mass requirements: severe risk breaches

Division 3 -- Dimension requirements: categories of breach

51. Terms used
52. Dimension requirements: minor risk breaches
53. Dimension requirements: substantial risk breaches
54. Dimension requirements: severe risk breaches
55. Dangerous projections

Division 4 -- Loading requirements: categories of breach

56. Determining whether breach of loading requirement gives rise to certain risks
57. When a load’s becoming displaced or unsecured is imminent
58. Loading requirements: minor risk breaches
59. Loading requirements: substantial risk breaches
60. Loading requirements: severe risk breaches

PART 6 -- Directions as to MDLR breaches, defect notices and improvement notices

Division 1 -- General

61. Application of Part in relation to other directions

Division 2 -- Rectification of breaches of mass, dimension or loading requirements

62. Term used: rectification action
63. Minor risk breaches
64. Substantial risk breaches
65. Severe risk breaches
66. Directions to be complied with
67. Authorisation to continue journey if only minor risk breaches
68. Operation of directions in relation to detachable vehicles
69. Directions and authorisations to be in writing

Division 3 -- Defect notices

70. Terms used
71. Notices in relation to vehicle defects
72. Form and content of defect notices
73. Service of defect notices
74. Duration of defect notice
75. Defect notices and directions to be complied with
76. Powers of vehicle examiners

Division 4 -- Improvement notices

77. Terms used
78. Improvement notices
79. Form and content of improvement notices
80. Improvement notice to be complied with
81. Amendment of improvement notices
82. Cancellation of improvement notices
83. Clearance certificates

PART 7 -- Container weight declarations

Division 1 -- Obligations in relation to container weight declarations

84. Terms used
85. Form of container weight declaration
86. Duty of responsible entity
87. Duty of responsible person
88. Duty of driver

Division 2 -- Recovery of losses resulting from not providing accurate container weight declarations

89. Recovery of losses if container weight declaration not provided
90. Recovery of losses for provision of inaccurate container weight declaration
91. Recovery of amount by responsible entity
92. Assessment of monetary value or attributable amount
93. Costs

PART 8 -- Other MDLR offences

Division 1 -- False or misleading transport documentation offences

94. Terms used
95. Consignors: transport documentation
96. Packers: transport documentation
97. Loaders: transport documentation
98. Receivers: transport documentation
99. Responsible entity: container weight declaration
100. Responsible person for vehicle: container weight declaration
101. Container weight declaration: certain information not necessarily false or misleading
102. Reasonable steps defence

Division 2 -- Miscellaneous MDLR offences

103. Weight of freight container: consignors’ duties
104. Weight of freight container: packers’ duties
105. Dismissal or other victimisation of employee or contractor assisting with or reporting breaches
106. Coercing, inducing or offering incentive
107. Certain false or misleading information not to be provided to involved persons

PART 9 -- Liability for MDLR offences committed by other persons

108. Liability of officers for offence by body corporate
109. Liability of partners and persons managing partnerships
110. Liability of persons managing unincorporated associations
111. Liability of employers
112. Liability of offender not affected

PART 10 -- Defences

Division 1 -- Reasonable steps defences

113. Reasonable steps defence

Division 2 -- Other defences

114. Defence for responsible persons
115. Defence for drivers
116. Laws as to criminal responsibility not affected

PART 11 -- Court imposed sanctions

Division 1 -- Term used in this Part

117. Term used: associate

Division 2 -- General matters as to sentencing for MDLR offences

118. Sentencing principles
119. Default categorisation
120. Matters to be considered by courts when sentencing
121. Prohibition order has priority
122. Previous convictions of MDLR offences

Division 3 -- Commercial benefits penalty orders

123. Commercial benefits penalty orders

Division 4 -- Driver and vehicle licence sanctions

124. Power to affect driver’s licence
125. Power to affect vehicle licence

Division 5 -- Supervisory intervention orders

126. Supervisory intervention orders
127. Supervisory intervention order to be complied with

Division 6 -- Prohibition orders

128. Prohibition orders
129. Prohibition order to be complied with

PART 12 -- Miscellaneous

130. Substitution of vehicle in certain circumstances
131. Motor vehicle pools and insurance

PART 13 -- Regulations

132. Regulations
133. Exemptions from regulations about vehicle standards and requirements
134. Exemptions from regulations in emergencies
135. Regulations about exemptions
136. Schemes for optional number plates
137. Regulations may refer to published documents
138. Minister’s declarations that specified regulations do not apply to specified persons or vehicles

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
140. Application of Interpretation Act 1984
141. Vehicle licences, applications
142. Transfer of vehicle licences
143. Change of nominated owner
144. Permits, number plates and notices for unlicensed vehicles
145. Register of vehicle licences
146. Minister may require vehicles to be inspected
147. Overseas vehicles temporarily in Australia
148. Vehicle examiners and inspection stations
149. Mass requirements for class 3 vehicles used in Harvest Mass Management Scheme
150. Transitional regulations
Other notes
Defined terms

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