Western Australian Repealed Regulations Western Australian Repealed RegulationsThis legislation has been repealed.
(1) Notwithstanding
any other provision of these regulations, upon payment of the fee prescribed
in subregulation (2), the Commissioner of Main Roads may issue a permit,
specifying excess mass limits and conditions for the
following —
(a) the
laden mass of a vehicle which may exceed the aggregate mass prescribed for
that vehicle, provided that the laden mass, does not exceed the
manufacturer’s gross vehicle mass for that vehicle;
(b) the
laden mass of a vehicle towing another vehicle or vehicles in combination
which may exceed the gross combination mass of the towing vehicle, provided
that the laden mass of the combination of vehicles does not exceed the
manufacturer’s gross combination mass of the towing vehicle;
(c) the
maximum supported mass prescribed by regulation 1401(4) and (6), which
may be exceeded; and
(d) the
laden mass of a trailer prescribed by regulation 1401(2) which may be
exceeded,
but the excess mass
limits specified in the permit shall not exceed, in the case of a trailer, the
gross trailer mass rating of that trailer.
(1a) The Commissioner
may refuse to issue a permit under subregulation (1) if the owner or
operator of the vehicle, trailer 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, trailer or combination of vehicles does not have a
valid accreditation certificate, the Commissioner 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, trailer 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, trailer
or combination of vehicles is valid.
(2) The fee payable
for a permit issued pursuant to subregulation (1) is —
(a) an
amount of $4 per month or portion thereof, for each tonne or part thereof by
which the maximum supported mass prescribed in regulation 1401(4) on any
axle group is to be exceeded, or a fee of $10.00 whichever is the greater
amount; and
(b) for
a specified journey only, an amount of 1 cent per tonne kilometres or part
thereof for the laden mass by which the maximum supported mass prescribed in
regulation 1401(4) on any axle or axle group is to be exceeded, or a fee
of $3.00, whichever is the greater amount;
(c) in
all other cases, a fee of $10.00.
(3) A person shall not
drive or use a vehicle on a road pursuant to a permit issued under
subregulation (1), or permit or suffer a vehicle to be so driven or used,
unless —
(a) the
permit is carried within the vehicle at all times while the vehicle is being
so driven or used; and
(b) the
permit is complied with in accordance with the terms and conditions specified
in the permit.
(4) Where a person
drives or uses a vehicle in contravention of subregulation (3) the owner
of the vehicle shall be deemed to have also contravened that subregulation.
(5) A person driving
or using a vehicle pursuant to a permit issued under subregulation (1)
shall produce the permit for inspection by a member of the Police Force on
demand.
(6) Where
subregulation (3) or (5) is contravened the Commissioner of Main Roads
may, notwithstanding any other penalty provided, cancel the permit.
[Regulation 1402 amended in Gazette
11 May 1979 p. 1222; 4 Jan 1980 p. 3-4;
2 Feb 1982 p. 407; 3 May 1985 p. 1540;
28 June 2002 p. 3118.]