Western Australian Current Acts

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ROAD TRAFFIC (ADMINISTRATION) ACT 2008 - SECT 4

4 .         Terms used in road laws

                In a road law, unless the contrary intention appears —

        Australian driver licence has the meaning given to that term in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1);

        Australian driver licensing authority has the meaning given to that term in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1);

        Australian police officer means —

            (a)         a police officer; or

            (b)         a member of the police force of another jurisdiction;

        axle means one or more shafts, positioned in a line across a vehicle, on which one or more wheels intended to support the vehicle turn;

        axle group means —

            (a)         a single axle group, namely a group of at least 2 axles in which the horizontal distance between the centres of the outermost axles is under 1 m; or

            (b)         a tandem axle group, namely a group of at least 2 axles in which the horizontal distance between the centres of the outermost axles is at least 1 m, but not over 2 m; or

            (c)         a twinsteer axle group, namely a group of 2 axles —

                  (i)         with single tyres; and

                  (ii)         fitted to a motor vehicle and connected to the same steering mechanism; and

                  (iii)         the horizontal distance between the centres of which is at least 1 m, but not over 2 m;

                or

            (d)         a tri-axle group, namely a group of at least 3 axles in which the horizontal distance between the centres of the outermost axles is over 2 m, but not over 3.2 m; or

            (e)         a quad-axle group, namely a group of 4 axles in which the horizontal distance between the centres of the outermost axles is over 3.2 m, but not over 4.9 m;

        bodily harm has the meaning given to that term in The Criminal Code section 1(1);

        business address , in relation to an individual, means the place from which that person normally works or carries on business;

        CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of this Act;

        co-driver has the meaning given to that term in section 28;

        condition includes a limitation or restriction;

        corresponding , in relation to the law of another jurisdiction and a law of this State, includes —

            (a)         a law of the other jurisdiction that substantially corresponds to the law of this State; and

            (b)         a law of the other jurisdiction that is declared under the regulations to be a law corresponding to the law of this State, whether or not the law corresponds, or substantially corresponds, to the law of this State;

        corresponding authority means —

            (a)         a person whose functions under the law of another jurisdiction correspond or substantially correspond to any function of the CEO under a road law; or

            (b)         a person prescribed by the regulations as the corresponding authority for another jurisdiction for the purposes of a road law;

        demerit points information means information contained in the demerit points register;

        demerit points register has the meaning given to that term in the Road Traffic (Authorisation to Drive) Act 2008 section 40;

        disclose includes to provide, to release and to give access to;

        district means a district under the Local Government Act 1995 ;

        drive includes —

            (a)         in relation to a vehicle, to have control over the steering, movement or propulsion of the vehicle;

            (b)         in relation to an animal, to be in control of the animal,

        regardless of whether the vehicle or animal is usually referred to as being ridden rather than driven;

        driver means any person driving a vehicle or animal;

        driver’s licence has the meaning given to that term in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1);

        driver’s licence information means information about driver’s licences including —

            (a)         details of the persons who have made applications for or in relation to those licences; and

            (b)         details of the persons who hold or have held those licences; and

            (c)         information contained in the driver’s licence register,

        but not including photographs and signatures provided to the CEO under the Road Traffic (Authorisation to Drive) Act 2008 Part 2;

        driver’s licence register means the register mentioned in the Road Traffic (Authorisation to Drive) Act 2008 section 4(1)(a)(ii);

        DVO has the meaning given in the Domestic Violence Orders (National Recognition) Act 2017 section 4(1);

        equipment , in relation to a vehicle, has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);

        extract from a record, device or other thing means a copy of any information contained in the record, device or other thing;

        Family Court injunction means an injunction under the Family Court Act 1997 section 235 or 235A or the Family Law Act 1975 (Commonwealth) section 68B or 114;

        family violence has the meaning given in the Restraining Orders Act 1997 section 5A;

        family violence evidentiary document , in relation to a responsible person, means any of the following —

            (a)         a DVO;

            (b)         a Family Court injunction or an application for a Family Court injunction;

            (c)         a copy of a prosecution notice or indictment containing a charge relating to violence against the responsible person or a court record of a conviction of the charge;

            (d)         a report of family violence, in a form approved by the Minister, completed by a person who has worked with the responsible person and is 1 of the following —

                  (i)         a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;

                  (ii)         a person registered under the Health Practitioner Regulation National Law (Western Australia) in the psychology profession;

                  (iii)         a social worker as defined in the Mental Health Act 2014 section 4;

                  (iv)         a police officer;

                  (v)         a person in charge of a women’s refuge;

                  (vi)         a prescribed person or class of persons;

        GCM has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);

        GVM has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);

        heavy vehicle has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);

        home address

            (a)         in the case of an individual, means the person’s residential address or place of abode in Australia; or

            (b)         in the case of a body corporate that has a registered office in Australia, means the address of the registered office; or

            (c)         in any other case, means the address of the person’s principal or only place of business in Australia;

        infringement notice means a notice mentioned in section 79;

        inspection station has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 70;

        instructor information means information about licences and permits under the Motor Vehicle Drivers Instructors Act 1963 including —

            (a)         details of the persons who have made applications for or in relation to those licences and permits; and

            (b)         details of the persons who hold or have held those licences and permits;

        involved person has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);

        journey documentation has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);

        jurisdiction means —

            (a)         the Commonwealth; or

            (b)         a State; or

            (c)         an internal Territory, as defined in the Acts Interpretation Act 1901 of the Commonwealth;

        learner’s permit has the meaning given to that term in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1);

        light vehicle has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);

        load , when used as a noun in relation to a vehicle, has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);

        MDLR compliance purposes has the meaning given to that term in section 28;

        MDLR offence has the meaning given to that term in section 28;

        motor vehicle

            (a)         in relation to authorisation to drive, means a vehicle that is built to be propelled by a motor that forms part of the vehicle;

            (b)         otherwise, means a self-propelled vehicle that is not operated on rails and —

                  (i)         includes a trailer, semi-trailer or caravan while attached to the vehicle; but

                  (ii)         does not include a power assisted pedal cycle;

        occupier of premises includes any person who appears to have the control or management of the place;

        optional plates information means information about optional number plates to which regulations mentioned in the Road Traffic (Vehicles) Act 2012 section 136 apply including —

            (a)         details of the person who have the right to use those number plates; and

            (b)         details of the persons to whom those number plates have been supplied;

        owner , in relation to a vehicle, has the meaning given to that term in section 5;

        passenger , in relation to a vehicle, has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);

        permit information means information about learner’s permits or permits under the Road Traffic (Vehicles) Act 2012 section 13 including —

            (a)         details of the persons who have made applications for or in relation to those permits; and

            (b)         details of the persons who hold or have held those permits,

        but not including photographs and signatures provided to the CEO under the Road Traffic (Authorisation to Drive) Act 2008 Part 2;

        photograph includes an electronic record of a photograph;

        power assisted pedal cycle means a vehicle —

            (a)         designed to be propelled through a mechanism operated solely by human power; and

            (b)         to which is attached one or more auxiliary propulsion motors having a combined maximum output not exceeding the amount of power prescribed for the purposes of this definition;

        premises includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place;

        public authority means —

            (a)         a Minister of the State; or

            (b)         a department of the Public Service; or

            (c)         a local government, regional local government or regional subsidiary; or

            (d)         a body, whether incorporated or not, or the holder of an office, being a body or office that is established for a public purpose under a written law and that, under the authority of a written law, performs a function on behalf of the State;

        public safety has the meaning given to that term in section 28;

        records means any documents, documentation or records, whether in paper, electronic or any other form;

        responsible person , for a vehicle, means a person responsible for the vehicle under section 6;

        road means any highway, road or street open to, or used by, the public and includes every carriageway, footway, reservation, median strip and traffic island on it;

        road infrastructure has the meaning given to that term in section 123;

        road law means any of the following enactments —

            (a)         this Act;

            (b)         the Road Traffic Act 1974 ;

            (c)         the Road Traffic (Authorisation to Drive) Act 2008 ;

            (d)         the Road Traffic (Vehicles) Act 2012 ;

        road transport has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);

        RTA Part 6A compliance purposes has the meaning given in section 28;

        signature includes an electronic record of a signature;

        traffic includes vehicular traffic, pedestrian traffic and all other forms of road traffic;

        transport documentation has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);

        use , in relation to the use of a vehicle on a road, includes the drawing or propelling, in any manner, of a vehicle on a road;

        vehicle includes —

            (a)         every conveyance, not being a train, vessel or aircraft, and every object capable of being propelled or drawn, on wheels or tracks, by any means; and

            (b)         where the context permits, an animal being driven or ridden;

        vehicle licence means a vehicle licence granted under the Road Traffic (Vehicles) Act 2012 ;

        vehicle licence information means information about vehicle licences including —

            (a)         details of the persons who have made applications for or in relation to those licences; and

            (b)         details of the persons who hold or have held those licences; and

            (c)         information contained in the register of vehicle licences mentioned in the Road Traffic (Vehicles) Act 2012 section 14;

        warden means a person who is authorised under section 22 or 23 to perform a function that can be performed by a warden.

        [Section 4 amended: No. 18 of 2011 s. 17; No. 8 of 2012 s. 208 and 232; No. 26 of 2016 s. 89; No. 38 of 2020 s. 7; No. 30 of 2020 s. 86; No. 8 of 2022 s. 4.]



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