Western Australian Current Acts Western Australian Current Acts (1) In this Act unless
the contrary intention appears —
authorised person means a person to whom
section 38(1) applies;
certificate of registration or certificate means
a certificate issued under section 29;
Committee means the Advisory Committee constituted
pursuant to section 21;
Department means a department of the Public
Service of the State;
Director General means the chief executive officer
of the department of the Public Service principally assisting the Minister in
the administration of this Act;
district means, in relation to a local government,
the district of that local government plus any other areas which the Governor
has declared, under section 5(3), are to be regarded as being part of the
district;
drive includes riding a vehicle, and driver
includes a rider having the control of a vehicle;
infringement notice means a notice of the kind
referred to in section 37(1);
motor car means a vehicle that is not a motor
cycle and that is designed —
(a)
mainly to carry people; and
(b) to
seat not more than 8 adults (including the driver);
motor cycle means a vehicle that —
(a) is
designed to travel on 2 wheels; or
(b)
although not designed to travel on 2 wheels, is designed so that the driver
sits astride it, or part of it, in a manner similar to that customary for a
vehicle designed to travel on 2 wheels;
off-road vehicle means a vehicle which is not
licensed, deemed to be licensed, or the subject of a permit granted, under the
Road Traffic (Vehicles) Act 2012 ;
owner , in relation to a vehicle, means —
(a) the
person who is entitled to the immediate possession of the vehicle; or
(b) if
there are several persons entitled to its immediate possession, the person
whose entitlement is paramount,
but if one of 2 or more persons fitting that
description has been nominated for the purposes of section 3(2), it means only
the person nominated;
permitted area means an area declared as such by
the Minister pursuant to section 12 or to section 13 and specified in a notice
published pursuant to section 12;
private land means land of a kind to which the
provisions of section 39(2)(a) applies, or land to which paragraph (b) of that
subsection relates;
prohibited area means an area established as such
by the Minister and specified in a notice published pursuant to section 16;
public authority means a Department or State
instrumentality, a local government within its district, and any other person
or body, whether corporate or not, who or which under the authority of any Act
is charged with the carrying out of any duty whilst acting in the discharge of
that duty;
responsible person , for a vehicle, means a person
responsible for the vehicle under the Road Traffic (Administration) Act 2008
section 6;
road means any highway, road or street, open to,
or used by, the public;
seat belt means a belt or similar device that is
fitted to a motor vehicle and designed to restrain or limit the movement of a
person who is seated in the vehicle and wearing the belt or device if the
vehicle suddenly accelerates or decelerates but does not include —
(a) a
seat belt solely or principally designed to restrain or limit the movement of
a person of less than 8 years of age; or
(b) a
seat belt which is damaged, or which is defective and is not capable of being
worn or of being properly adjusted or securely fastened;
seat position in relation to a motor vehicle other
than a motor cycle, means a seat position intended for one person and, in the
case of contiguous seating positions intended for more than one person, means
each complete space of not less than 410 mm measured along the front of the
seat;
vehicle means a vehicle that is propelled by an
engine or other mechanical source of power.
(2) Where any off-road
vehicle is owned by more than one person and one of those persons is nominated
by all such persons by notice in writing given to the Director General, the
nominated person shall, subject to section 11(3), for the purposes of this Act
be deemed to be the owner of that vehicle.
[Section 3 amended: No. 106 of 1981 s. 31 and 34;
No. 102 of 1984 s. 4; No. 12 of 1985 s. 3; No. 14 of 1996 s. 4; No. 30 of 1996
s. 13; No. 76 of 1996 s. 23 and 27; No. 39 of 2000 s. 50; No. 28 of 2001
s. 30; No. 7 of 2002 s. 4; No. 28 of 2006 s. 356; No. 8 of 2009 s. 40; No. 8
of 2012 s. 63; No. 16 of 2019 s. 100.]