Western Australian Repealed Regulations

This legislation has been repealed.

ROAD TRAFFIC (VEHICLE STANDARDS) REGULATIONS 1977 - REG 105

105 .         Penalties

        (1)         Every person who commits an offence against any of these regulations, other than offences referred to in subregulations (2), (4), (5), (6) and (7), is liable — 

            (a)         for a first offence to a penalty not exceeding eight penalty units (8 PU); and

            (b)         for a subsequent offence, to a penalty not exceeding sixteen penalty units (16 PU).

        (2)         Any person who commits an offence against regulation 1401(19) or regulation 1403(6) is liable — 

            (a)         for a first offence, to a penalty of twenty-four penalty units (24 PU); and

            (b)         for a subsequent offence, to a penalty of not less than forty-eight penalty units (48 PU) irreducible in mitigation notwithstanding the provisions of any Act and not more than one hundred and forty-four penalty units (144 PU).

        (3)         For the purpose of subregulations (4), (5) and (6) the expression "percentage excess mass" means the amount by which the mass supported on a tyre, axle, or axle group or the laden mass of a vehicle or a combination of vehicles or part of a combination of vehicles (as the case may be) exceeds the permissible maximum supported mass or laden mass under regulation 1401 or under a permit issued pursuant to regulation 1402 expressed as a percentage of that permissible maximum.

        (4)         Any person who commits an offence against — 

            (a)         regulation 1401(4)(a), (b), (c), (d), (e), (f), (g), (h), (j), (o), (r), (t), (w), (y), (aa) or (bb);

            (b)         regulation 1401(4a); or

            (c)         regulation 1402(3)(b),

                in relation to the maximum supported mass permitted on a tyre or a single axle (as the case may be) is liable to a penalty that is not less than the minimum penalty shown in column 2 of the table to this subregulation for the appropriate percentage of excess mass set out in column 1 and that penalty shall be irreducible in mitigation notwithstanding the provisions of any Act and not more than the appropriate maximum penalty shown in column 3 of that table.

Table

Column 1 Percentage Excess Mass on Tyre or Axle	Column 2 Minimum Penalty PU	Column 3 Maximum Penalty PU
Not more than 11%	2	6
More than 11% but not more than 16%	4	10
More than 16% but not more than 21%	6	14
More than 21% but not more than 26%	8	18
More than 26% but not more than 31%	10	22
More than 31% but not more than 36%	12	26
More than 36% but not more than 41%	14	30
More than 41% but not more than 46%	16	34
More than 46% but not more than 51%	18	38
More than 51% but not more than 56%	20	42
More than 56%	20
and for each additional 5%	2	4

        (5)         Any person who commits an offence against regulation 1401(4) other than an offence mentioned in subregulation (4) or who commits an offence against regulation 1402(3)(b) in relation to the maximum supported mass permitted on a twin steer axle group tandem axle group, triaxle group, multi axle group or non load sharing axle group (as the case may be) is liable to a penalty that is not less than the minimum penalty shown in column 2 of the table to this subregulation for the appropriate percentage of excess mass on an axle group set out in column 1 and that penalty shall be irreducible in mitigation notwithstanding the provisions of any Act and not more than the appropriate maximum penalty shown in column 3 of that table.

Table

Column 1 Percentage Excess Mass on Axle Group	Column 2 Minimum Penalty PU	Column 3 Maximum Penalty PU
Not more than 10%	2	10
More than 10% but not more than 12%	4	14
More than 12% but not more than 14%	6	18
More than 14% but not more than 17%	8	22
More than 17% but not more than 19%	10	26
More than 19% but not more than 22%	12	30
More than 22% but not more than 25%	14	34
More than 25% but not more than 27%	16	38
More than 27% but not more than 30%	18	42
More than 30% but not more than 32%	20	46
More than 32%	20
and for each additional 2%	2	4

        (6)         Any person who commits an offence against regulation 1401(1), (2), (2a), (3) or (6) or who commits an offence against regulation 1402(3)(b) in relation to the maximum laden mass permitted on a vehicle or on a combination of vehicles (as the case may be) is liable to a penalty that is not less than the minimum penalty shown in column 2 of the relevant table (based on the aggregate mass of the vehicle) to this subregulation for the appropriate percentage of excess mass on a vehicle, or the actual excess mass on a vehicle (as the case requires), set out in column 1 and that penalty shall be irreducible in mitigation notwithstanding the provisions of any Act and not more than the appropriate maximum penalty shown in column 3 of that table.

Table 1

Vehicle having an aggregate mass equal to or in excess of 4.5 tonnes exceeding the mass limits on a vehicle or combination of vehicles

Column 1 Percentage Excess Mass on Vehicle or Combination of Vehicles	Column 2 Minimum Penalty PU	Column 3 Maximum Penalty PU
Not more than 11%	2	10
More than 11% but not more than 15%	4	16
More than 15% but not more than 18%	6	22
More than 18% but not more than 21%	8	28
More than 21% but not more than 25%	10	36
More than 25% but not more than 28%	12	42
More than 28% but not more than 31%	14	48
More than 31% but not more than 35%	16	60
More than 35% but not more than 38%	18	70
More than 38% but not more than 41%	20	78
More than 41%	20
and for each additional 3%	2	8

Table 2

Vehicle having an aggregate mass of less than 4.5 tonnes exceeding the mass limits on a vehicle or combination of vehicles

Column 1 Excess Mass on Vehicle or Combination of Vehicles	Column 2 Minimum Penalty PU	Column 3 Maximum Penalty PU
Not more than 0.5 tonne	1	5
More than 0.5 tonne but not more than 1.0 tonne	2	7
More than 1.0 but not more than 1.5 tonne	3	9
More than 1.5 tonne but not more than 2.0 tonne	4	11
More than 2.0 tonne but not more than 2.5 tonne	5	13
More than 2.5 tonne but not more than 3.0 tonne	6	15
More than 3.0 tonne but not more than 3.5 tonne	7	17
More than 3.5 tonne	8	19

        (7)         Any person who drives a goods vehicle equal to or in excess of 4.5 tonnes aggregate mass, without a permit issued under regulation 1107(1), and who commits an offence against — 

            (a)         regulation 1102(1)(d);

            (b)         regulation 1102(3);

            (c)         regulation 1102(4)(c);

            (d)         regulation 1102(5); or

            (e)         regulation 1104(1),

                is liable — 

            (f)         for a first offence, to a penalty not exceeding sixteen penalty units (16 PU); and

            (g)         for a subsequent offence, to a penalty not exceeding thirty-two penalty units (32 PU).

        [Regulation 105 inserted in Gazette 25 May 1979 p. 1384-7; amended in Gazette 4 Jan 1980 p. 3; 14 Aug 1987 p. 3168; 30 Mar 1990 p. 1661-2; (Erratum 6 Apr 1990 p. 1767); 31 Dec 1992 p. 6392-3; 23 Dec 1997 p. 7441-3; 23 Jun 1998 p. 3342-4; 14 Sep 1999 p. 4537.]