Western Australian Repealed Regulations Western Australian Repealed RegulationsThis legislation has been repealed.
(1) In these
regulations, unless the contrary intention appears —
“aggregate mass” , in relation to a
vehicle means the maximum permitted laden mass of the vehicle, calculated or
determined in accordance with Part 14;
“alternative headlamp” means a lamp
which is lighted in place of a headlamp by a dipping device;
“articulated vehicle” means a motor
vehicle hauling a semi-trailer;
“Australian Design Rule”
means —
(a) in
relation to a vehicle manufactured before 1 July 1988, a design rule
contained in the publication titled “Australian Design Rules for Motor
Vehicle Safety — 2nd Edition”, issued by the
Commonwealth Department of Transport as at 30 June 1988; and
(b) in
relation to a vehicle manufactured on or after 1 July 1988, a design
rule contained in the publication titled “Australian Design Rules for
Motor Vehicles and Trailers — 3rd Edition”, issued by
the Commonwealth Department of Transport and Communications as at
1 January 1992;
“axle” means the axis of rotation of
wheels whether power driven or freely rotating and whether in one or more
segments which are nominally in line and regardless of the number of wheels
carried thereon;
“bicycle” means —
(a) any
2 wheeled vehicle, not being a scooter, that is designed to be propelled
solely by human power;
(b) any
3 wheeled vehicle, intended for use on a road, that is designed to be
propelled solely by human power; or
(c) a 2
wheeled or 3 wheeled vehicle which is a power assisted pedal cycle;
“braking system” includes all the
mechanism by which a brake on a motor vehicle is operated;
“centre of an axle or an axle group”
means a transverse line extending the full width of the vehicle
located —
(a) in
the case of one axle at the centre of that axle;
(b) in
the case of an axle group with 2 axles —
(i)
where both axles are fitted with equal numbers of tyres,
midway between those 2 axles;
(ii)
where one axle is fitted with twice the number of tyres
as the other, one third of the way from the axle fitted with the greater
number of tyres towards the axle fitted with the lesser number of tyres;
and
(c) in
the case of an axle group with 3 or more axles, midway between the extreme
axles of the group;
“clearance lamp” means a lamp that,
when lighted, provides an indication of the width of a motor vehicle together
with its load or equipment, either from the front or from the rear of the
vehicle;
“competent authority” means any
government department, government instrumentality, statutory authority or
municipality;
“converter dolly trailer” means a unit
consisting of an axle or axle group, a lower half of the fifth wheel coupling
and a draw-bar, which is designed and used for attachment towards the front of
a semi-trailer;
“derivative” , in relation to a
passenger car, means a motor vehicle of the same make as a factory produced
passenger car and in which the forward part of the body form and the greater
part of the mechanical equipment are the same as those in the passenger car;
“dipped” in relation to the main beam
of light projected by the headlamp of a motor vehicle, means directed downward
and sideward in accordance with these regulations; and when the beam is so
directed, the light is said to be on low beam, otherwise the light is on high
beam;
“dipping device” means a device by
which the driver of a motor vehicle, while retaining his normal driving
position, can cause the main beam or beams of light from the headlamp or
headlamps of his vehicle to be dipped;
“draw bar length” means the horizontal
distance from the centre line of the towing pivot to the centre of the leading
axle or axle group of the trailer;
“goods vehicle” means a motor vehicle
constructed, equipped or fitted for the conveyance of goods or merchandise,
and includes a trailer and a tractor which is designed and used for drawing
other vehicles and so constructed as not to carry any load thereon either
directly or imposed as part of the weight of the vehicle being drawn;
“gross combination mass” , in relation
to a road train or an articulated vehicle or a motor vehicle towing a trailer
means the maximum permitted laden mass of the combination vehicle, calculated
or determined in accordance with Part 14;
“gross trailer mass rating” means the
manufacturers specified maximum loaded trailer or semi-trailer mass for which
compliance with the Australian Design Rule referred to in regulation 606
has been or can be established, or where no gross trailer mass rating is
specified by the manufacturers, the maximum practical laden mass determined in
accordance with Part 14;
“ground clearance” means the minimum
vertical distance from the underside of a motor vehicle or trailer or other
vehicle drawn by a motor vehicle, except the tyres, wheels and wheel hubs, to
the surface of a road, when the motor vehicle, trailer or other vehicle is
standing on a flat level surface under any conditions of loading;
“hours of darkness” means the hours
falling between sunset and sunrise;
“laden mass” in relation to a vehicle,
means the mass of the vehicle and its load borne by the surface on which it is
standing or running, as ascertained in accordance with the provisions of
regulation 1403;
“left hand side” means that side of
the vehicle to the left of the longitudinal centre line thereof when viewed
from the rear;
“loadmeter” means a portable
mechanical or electronic device capable of ascertaining the mass supported on
part of a motor vehicle;
“load sharing system” means an axle
group suspension system that utilises hydraulic, pneumatic, mechanical or
other means as approved by the Director General to effect substantially equal
sharing by all the ground contact surfaces of an axle group of the total load
carried by that axle group and has effective damping characteristics on all
axles of the group;
“manufacturer’s gross combination
mass” means the value recorded by the Director General as the maximum of
the sum of the laden mass of the vehicle plus the laden mass of vehicles being
towed as a trailer or semi-trailer recommended by the manufacturer, by
specification or otherwise, as the maximum laden mass at which that vehicle,
or a vehicle of the same make and class or series, or a similar class or
series, should be operated;
“manufacturer’s gross vehicle
mass” means the mass of a goods vehicle recorded by the Director General
as the maximum laden mass recommended by the manufacturer, by specification or
otherwise, at which that vehicle or a vehicle of the same make and class or
series, or a similar class or series, should be operated;
“manufacturer’s warranted maximum rim
load” in relation to a rim means the load recorded by the Director
General as the maximum mass recommended by the manufacturer, by specification
or otherwise, as the maximum load at which that rim or a rim of the same make
and class or series, or of a similar class or series, should be operated;
“manufacturer’s warranted maximum tyre
load” in relation to a tyre means the load recorded by the Director
General as the maximum recommended by the manufacturer, by specification, or
otherwise, as the maximum load at which that tyre or a tyre of the same make
and class or series, or of a similar class or series, should be operated;
“motor cycle” means any motor vehicle
that has 2 wheels, or where a sidecar is attached thereto, has 3 wheels;
“motor vehicle” means any
self-propelled vehicle, motor cycle or tractor used on a road, but does not
include a vehicle used on a railway or a power assisted pedal cycle;
“mudguard” means a fitting or device,
which is so constructed and fitted that it will, so far as is practicable,
catch or deflect downwards any stones, mud, water or other substance thrown up
by the rotation of the wheel for which the fitting or device is provided;
“multi axle group” means a group of
more than 3 consecutive axles, of which the centres of those axles located at
the extremities of the group are included between parallel, transverse,
vertical planes spaced more than 3.2 metres apart, extending the full
width of the vehicle, incorporating a load sharing system;
“multi-purpose passenger car” means a
motor vehicle designated principally for the conveyance of not more than
8 persons, and which is constructed either on a truck chassis or with
special features for off road operation;
“non load sharing axle group” means an
axle group of 2 or more consecutive axles on the same vehicle or component
part of a combination vehicle, other than a twin steer axle group, which does
not incorporate an approved load sharing system;
“omnibus” means any motor vehicle
equipped to seat more than 8 adult persons (including the driver) used for the
carriage of passengers for hire or reward;
“overall axle spacing” in relation to
a vehicle means the distance between the centre of the foremost axle and the
centre of the rearmost axle on a vehicle or on a combination of vehicles;
“overmass vehicle” means a vehicle or
combination of vehicles that does not comply with regulation 1401;
“oversize vehicle” means a vehicle or
combination of vehicles that does not comply with regulation 1101, 1102
or 1103;
“Part” means a Part of these
regulations;
“passenger car” means a motor vehicle,
other than a motor cycle, an omnibus or a multi-purpose passenger car,
constructed principally for the conveyance of persons, and excludes a goods
vehicle;
“passenger car derivative” means a
motor vehicle of the kind known as a coupe utility, or panel van of the same
make as a factory produced passenger car, and in which the forward part of the
body form and the greater part of the mechanical equipment are the same as in
the said passenger car;
“Perth Region” means the area
comprised in the municipal districts of —
the Cities of
Armadale, Bayswater, Belmont, Canning, Cockburn, Fremantle, Gosnells,
Melville, Nedlands, Perth 3 , South Perth, Stirling, Subiaco, Wanneroo;
the Towns of
Bassendean, Claremont, Cottesloe, East Fremantle, Kwinana, Mosman Park;
the Shires of
Kalamunda, Mundaring, Peppermint Grove, Rockingham, Serpentine-Jarrahdale,
Swan;
“pole-type trailer” means a trailer
that is attached to the towing vehicle by means of a pole, or by an attachment
fitted to the pole and that is ordinarily used for transporting loads such as
logs, pipes or structural members capable, generally, of supporting themselves
as beams between supports;
“prime mover” means a motor vehicle
that is a tractive unit designed for hauling a semi-trailer;
“rear overhang” means the distance
measured horizontally and parallel to the longitudinal axis of the vehicle
between the rearmost point of the vehicle and its loading and equipment, and
the line from which the rear overhang is measured, which is a transverse line
extending the full width of the vehicle and which is defined in these
regulations as the centre of an axle or axle group, but where the rear axle
group includes —
(a) a
retractable axle; or
(b) a
steerable axle within a group where all axles within that group are not
steerable,
the centre of the axle
group shall be found without regard to the presence of the retractable axle or
steerable axle;
“regulation” means one of these
regulations;
“retractable axle” means an axle which
has a means of adjustment to enable it to be raised or lowered to
substantially vary the axle load distribution between the axles of any axle
group;
“right hand side” means that side of
the vehicle to the right of the longitudinal centre line thereof when viewed
from the rear;
“road train” means —
(a) a
motor vehicle towing 2 or more trailers; or
(b) an
articulated vehicle towing one or more trailers;
“route service omnibus” means any
omnibus providing a public passenger transport service along a route within
the Perth Region or along a route within a city or town declared under the
Local Government Act 1960 4 ;
“school bus” means an omnibus that is
used solely or principally for the carriage of children to and from school;
“semi-trailer” means a vehicle that
has an axle or axle group towards the rear part of the vehicle and which is so
constructed that by partial imposition the front part can be attached to the
vehicle drawing it in such manner as to cause a substantial part of the mass
of the unit to be borne by the vehicle drawing it; and the term includes a
pole-type trailer;
“side-car” means any car, box or other
receptacle attached to the side of a motor cycle and for the support of which
a third wheel is provided;
“side marker lamp” means a lamp or a
combination of 2 lamps that, when fitted to the side of a vehicle, is
capable of displaying light through an angle of 180 degrees, from the front to
the rear of the vehicle, on the side on which it is fitted;
“single axle” means either one axle or
2 axles with centres between parallel, transverse, vertical planes less than
one metre apart with an approved suspension system or 3 axles with centre of
those axles located at the extremities of the group included between parallel,
transverse, vertical planes less than 2.0 metres apart with an approved
suspension system;
“specification” includes any
catalogue, handbook or other written matter issued by the manufacturer
relating to any motor vehicle, plant, machinery or equipment;
“specified road or route” means a road
or route that is specified in a notice under regulation 1106A or 1401A,
as the case requires;
“speed limiter device” means a device
which when fitted to a vehicle limits the maximum speed at which the vehicle
is capable of being driven;
“tandem axle group” means a group of 2
consecutive axles other than a twin steer axle group of which the centres of
adjacent axles are included between parallel, transverse, vertical planes,
spaced more than one metre apart and not more than 2.0 metres apart, extending
the full width of the vehicle, incorporating a load sharing system;
“tare” means the unladen mass of the
vehicle including 10 litres of fuel and any equipment required to be
carried upon or fitted to the vehicle by these regulations;
“the Act” means the Road Traffic
Act 1974 ;
“tractor” has the same meaning as
“Tractor (other than prime mover type)” and “Tractor
plant” in the First Schedule in the Act;
“trailer” means any vehicle without
motive power of its own, designed for attachment to a motor vehicle for the
purpose of being towed, but does not include a semi-trailer or side-car;
“triaxle group” means a group of 3
consecutive axles, of which the centres of those axles located at the
extremities of the group are included between parallel, transverse, vertical
planes, spaced not less than 2.0 metres apart and not more than 3.2 metres
apart, extending the full width of the vehicle, incorporating a load sharing
system;
“twin steer axle group” means a
combination of 2 single tyred axles contained within 2 transverse, vertical,
parallel planes not less than 1 metre and not more than 2.0 metres apart
and connected to the same steering mechanism;
“tyre section width” means the nominal
linear distance between the exteriors of the sidewalls of an inflated tyre;
“wide profile tyre” means a single
tyre intended by the manufacturer to perform the function of dual tyres and
having a tyre section width of not less than 375 mm;
“widespread tandem axle group” means a
group of 2 consecutive axles other than a twin steer axle group the
centre of which are located outside 2 transverse, vertical, parallel planes
2.0 m apart incorporating a load sharing system;
(2) Unless the context
requires otherwise, a reference in these regulations to the visibility of a
light, or to the capability of a light of illuminating and rendering a person
in dark clothing easily discernible, is a reference to its visibility or that
capability, under normal atmospheric conditions, during the hours of darkness.
(3) A reference,
however expressed, in these regulations to the date on which a vehicle is
first registered shall be construed as a reference to the date of the first
occasion after the manufacture of the vehicle on which the vehicle was so
licensed or registered under the laws of this or any other State or Territory
of the Commonwealth or overseas country as to permit its use on roads.
(4) Unless the context
otherwise requires, words and expressions used in these regulations have the
same respective meanings as are given them, in and for the purpose of the Act.
(5) In these
regulations —
(a) the
expression "mass supported on a tyre" or similar expression means the total
mass transmitted to the road by the tyre, including the mass of the tyre; and
(b) the
expression "mass supported on an axle or on an axle group” (whether by
reference to a single axle, a tandem axle group, a widespread axle group, a
triaxle group, a twin steer axle group, a multi axle group, a non-load sharing
axle group or one axle of an axle group) or similar expression, means the
total mass transmitted to the road by the axle or the axle group, including
the mass of any wheels, tyres and other attachments or fittings attached or
fitted to the axle or axles.
[Regulation 104 amended in Gazette
11 May 1979 p. 1222; 4 Sep 1981 p. 3833;
2 Feb 1982 p. 406; 25 May 1984 p. 1385;
3 May 1985 p. 1540; 29 May 1987 p. 2222;
24 Dec 1987 p. 4562; 8 Sep 1989 p. 3176;
8 Jun 1990 p. 2684; 13 Dec 1991 p. 6244-5;
24 Dec 1991 p. 6467; 3 Mar 1992 p. 1093;
31 Jan 1997 p. 685; 17 Nov 1998 p. 6255.]