Western Australian Repealed Regulations

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This legislation has been repealed.

LOCAL GOVERNMENT MODEL BY-LAWS (STREET LAWNS AND GARDENS) NO. 11 - REG 12

12 .         Vehicles

        (1)         A person, not being the occupier of the land abutting on that lawn or garden, shall not, without the consent of that occupier, drive or stand a vehicle or animal upon a lawn or garden planted in a street pursuant to these by-laws.

        (2)         Where a complaint brought under this by-law is in respect of the driving of a vehicle upon a lawn or garden, if the pavement of the carriageway adjoining the lawn or garden does not exceed 5.5 metres in width, it is a sufficient defence to the complaint to show that — 

            (a)         the wheels of one side only of the vehicle passed over the lawn or garden; and

            (b)         it was necessary to drive upon the lawn or garden, in order to pass another vehicle then being driven or standing on the pavement of the carriageway.

        (3)         A notice served under subsection (2) of section 669C of the Act in respect of an offence against this by-law shall be in or to the effect of Form 1 in the Schedule to these by-laws.

        (4)         Subject to sub-bylaw (5) of this by-law an infringement notice served under section 669D of the Act in respect of an offence against this by-law shall be in or to the effect of Form 2 in the Schedule to these by-laws.

        (5)         An infringement notice served under subsection (2) of section 669D of the Act in respect of an offence against this by-law shall be in or to the effect of Form 3 in the Schedule to these by-laws.

        (6)         A notice sent under subsection (5) of section 669D of the Act withdrawing an infringement notice served under that section in respect of an offence against this by-law shall be in or to the effect of Form 4 in the Schedule to these by-laws.

        [(7)         Deleted by Gazette 25 March 1977 p.890.]

        [By-law 12 amended by Gazette 12 February 1971 p.416; 21 June 1974 p.2096; 25 March 1977 p.890.]



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