Western Australian Repealed Regulations

This legislation has been repealed.

ROAD TRAFFIC (VEHICLE STANDARDS) REGULATIONS 1977 - REG 107

107 .         Vehicles may be ordered off the road

        (1)         Where a member of the Police Force is of the opinion that — 

            (a)         a vehicle does not conform to the requirements of the Act, or these regulations, or is in such a condition as to occasion danger or unreasonable annoyance to any person, or damage to any property, he may order that — 

                  (i)         the vehicle be not used thereafter; or

                  (ii)         the vehicle be not used on or after a specified date,

                unless, after the making of the order, the vehicle has been submitted to the Director General or an authorised vehicle examiner for examination, and found to be fit for use;

            (b)         a vehicle — 

                  (i)         is of a tare that does not conform with the tare shown on the licence issued in respect of that vehicle, or the tare required by these regulations to be painted on that vehicle; or

                  (ii)         requires repair, adjustment, or reconditioning, or the supply, fitting, or removal of any equipment, or any other attention,

                he may order that the vehicle be not used on or after a specified date unless, after the making of the order, the vehicle has been submitted to the Director General or an authorised vehicle examiner for examination, and found to be fit for use.

        (2)         Where, in respect of a vehicle, an order is made under subregulation (1) — 

            (a)         where the driver of the vehicle is not the owner — 

                  (i)         the member of the Police Force making the order shall cause a copy of the order to be served on the owner; and

                  (ii)         the driver of the vehicle shall bring the order to the notice of the owner; and

            (b)         the member of the Police Force making the order shall attach to the vehicle a notice of the order prohibiting the use of that vehicle.

        (2a)         Where a vehicle in respect of which an order has been made under this regulation is submitted to an authorised vehicle examiner for examination that authorised vehicle examiner may, in respect of that vehicle, make any order that could be made under subregulation (1) by a member of the Police Force, and where an authorised vehicle examiner makes such an order he shall attach notice thereof to the vehicle.

        (3)         A person shall not — 

            (a)         use or permit or suffer the use of a vehicle during a period when the use of that vehicle is prohibited by an order made under this regulation unless — 

                  (i)         the faults specified in the order have been rectified;

                  (ii)         the vehicle is being taken for the purpose of examination from the place where the faults have been rectified directly to an authorised vehicle examiner or to a place established by the Director General for the examination of vehicles whichever is nearest the place where the faults were rectified; and

                  (iii)         the vehicle is licensed or the subject of a permit for the journey issued under section 26 of the Act;

            (b)         except where authorised by the Director General to do so, wilfully remove, damage or obliterate a notice attached to a vehicle under this regulation.

        (4)         In this regulation "authorised vehicle examiner" means a person authorised in accordance with regulation 3A of the Road Traffic (Licensing) Regulations 1975 , as amended, to examine and test vehicles.

        [Regulation 107 inserted in Gazette 11 May 1979 p. 1222-3; amended in Gazette 10 Oct 1980 p. 3462; 31 Dec 1981 p. 4428; 2 Feb 1982 p. 406; 1 Sep 1989 p. 3021; 31 Jan 1997 p. 685.]