Western Australian Repealed Regulations

This legislation has been repealed.

ROAD TRAFFIC (VEHICLE STANDARDS) REGULATIONS 1977 - REG 1107

1107 .         Special permits to exceed prescribed dimensions

        (1)         Notwithstanding any other provision of these regulations, the Commissioner of Main Roads or a member of the Police Force or other person acting with the special or general approval of the Commissioner of Main Roads may issue a permit, upon payment of the fee prescribed in subregulation (2), permitting — 

            (a)         the carrying on a vehicle of such a load as will occasion any or all the dimensions of a vehicle and its load to exceed those prescribed in regulation 1102, regulation 1103, and regulation 1104, to the extent of such extra dimensions, on such road or roads, and subject to such conditions as may be specified in the permit; and

            (b)         the use of a vehicle or a combination of vehicles to exceed the dimensions prescribed by regulation 1102 of these regulations or to exceed the configurations prescribed by regulation 1612(1) of the Road Traffic Code to the extent of such dimensions, the number of attached vehicles, on such road or roads, and subject to such conditions, as may be specified in the permit.

        (1a)         A person referred to in subregulation (1) may refuse to issue a permit under that subregulation if the owner or operator of the vehicle or combination of vehicles does not have a valid accreditation certificate issued under regulation 1107A(1) (the "accreditation certificate” ).

        (1b)         If the owner or operator of a vehicle or combination of vehicles does not have a valid accreditation certificate, the person referred to in subregulation (1) may issue a permit subject to a condition that the owner or operator obtains an accreditation certificate by a date specified in the condition.

        (1c)         A permit issued under subregulation (1) to a person who has a valid accreditation certificate is valid in relation to the vehicle or combination of vehicles in respect of which the permit was issued only during the period that the accreditation certificate of the owner or operator of the vehicle or combination of vehicles is valid.

        (2)         The fee payable for a permit pursuant to subregulation (1) is — 

            (a)         for a specified single journey, $5; and

            (b)         in all other cases, $10,

                regardless of whether the permit authorises one or more of the prescribed dimensions to be exceeded.

        (3)         Where a vehicle is driven or used on a road pursuant to a permit issued under subregulation (1), the permit shall be — 

            (a)         carried within the vehicle at all times;

            (b)         produced for inspection by a member of the Police Force, on demand; and

            (c)         complied with in accordance with the terms and conditions specified in the permit.

        (3a)         A member of the Police Force having ascertained that — 

            (a)         a vehicle or combination of vehicles exceed the dimensions prescribed in regulation 1102, 1103 or 1104 and that a permit has not been issued in relation to that vehicle or combination of vehicles under this regulation; or

            (b)         the conditions of a permit issued under subregulation (1) are not being complied with,

                may require the driver of that vehicle or combination of vehicles — 

            (c)         to discontinue using the vehicle or combination of vehicles; or

            (d)         to take the vehicle or combination of vehicles by a specified route to the nearest police station, or other suitable place and then to discontinue using the vehicle or combination of vehicles,

                until — 

            (e)         the vehicle or combination of vehicles conform to the regulations referred to in paragraph (a); or

            (f)         the conditions of a permit issued under subregulation (1) are complied with,

                and until paragraph (e) or (f) are complied with, a person shall not drive or use the vehicle or combination of vehicles or permit or suffer a person to drive or use the vehicle or combination of vehicles.

        (3b)         Where a driver who is required to discontinue using a vehicle under subregulation (3a) is not the owner of the vehicle, he shall bring the requirement to the notice of the owner.

        (4)         Where the provisions of subregulation (3), (3a) or (3b) are not complied with, the owner, and driver of the vehicle and any person who uses or permits or suffers a person to so drive or use the vehicle each commits an offence.

        (5)         A permit issued under this regulation does not authorise the carrying of a load on a vehicle contrary to the provisions of Part 14.

        (6)         Where a vehicle is driven or used on a road contrary to any conditions specified in a permit issued for that vehicle under this regulation, the Commissioner of Main Roads may direct the permit to be cancelled.

        (7)         A person shall not use or cause to be used a vehicle on which there is displayed a sign which indicates that the vehicle or combination of vehicles or its load exceeds the prescribed dimensions or is a road train, unless at the time that the vehicle is so used such a sign is required to be displayed on the vehicle pursuant to conditions specified in a permit issued under this regulation.

        [Regulation 1107 amended in Gazette 11 May 1979 p. 1222; 2 Feb 1982 p. 407; 1 Mar 1985 p. 791-2; 28 June 2002 p. 3116.]