Western Australian Current Regulations Western Australian Current Regulations (1) If a driver
commits an offence against these regulations, the carrier by whom the driver
is employed or engaged is taken to have committed the same offence.
(2) It is a defence in
proceedings against a carrier for an offence against these regulations (by the
application of subregulation (1)) for the carrier to prove
that —
(a) the
carrier issued proper instructions and took reasonable precautions to ensure
compliance with these regulations; and
(b) the
offence was committed by the driver without the carrier’s knowledge; and
(c) the
carrier could not by the exercise of reasonable diligence have prevented the
commission of the offence.
(3) A carrier may be
charged and convicted of an offence against these regulations under
subregulation (1) whether or not the driver who committed the offence has
been proceeded against and convicted of the offence.