Western Australian Repealed Regulations

This legislation has been repealed.

ROAD TRAFFIC (VEHICLE STANDARDS) REGULATIONS 1977 - REG 1403

1403 .         Ascertainment of laden masses or tare

        (1)         Subject to subregulation (3) the laden mass or tare of a motor vehicle or the mass supported on any part of a motor vehicle may be ascertained — 

            (a)         by weighing the vehicle or part of the vehicle on a registered public weighbridge or any weighbridge that has been verified under the provisions of the Weights and Measures Act 1915 ; or

            (b)         by use of one or more loadmeters of a type approved by the Minister and the mass ascertained less 2% thereof shall be deemed to be the actual mass supported on that part of the motor vehicle.

        (2)         Where more than one loadmeter is used, the weight supported on that part of the vehicle shall be ascertained by aggregating the relevant readings of the loadmeters.

        (3)         Notwithstanding the provisions of subregulation (1), the laden mass or (in the case of a motor vehicle not carrying a load) the tare of a motor vehicle computed from an aggregation of the relevant supported masses, ascertained pursuant to the provisions of subregulation (1), shall be taken as being the laden mass or (as the case may be) the tare of the vehicle.

        (4)         Where the laden mass of, or the mass of the load carried by, or the mass supported on a motor vehicle, or the tare of a vehicle cannot be, or cannot conveniently be ascertained by any other means provided by this regulation — 

            (a)         if the load comprises assembled plant, machinery or equipment of any kind, the mass of that load may be ascertained by reference to the manufacturer’s specification (if any) relating to that plant, machinery or equipment and the mass therein specified is deemed to be the mass of the plant, machinery or equipment; and

            (b)         the tare of the vehicle may be ascertained by reference to the manufacturer’s specification (if any) relating to that vehicle and the mass therein specified is deemed to be the mass of the vehicle.

        (5)         For the purposes of subregulation (4) there is a presumption that any printed matter purporting to be a specification is a specification, in the absence of proof to the contrary.

        (6)         The driver or person in charge of a motor vehicle shall comply with any reasonable direction, given by a member of the Police Force, for the purpose of ascertaining any mass mentioned in this regulation.

        (7)         Where the driver or person in charge of a motor vehicle refuses or fails to comply with any direction of a member of the Police Force to drive that vehicle for the purpose of using loadmeters or any weighbridge, in accordance with subregulation (2), a member of the Police Force may drive that vehicle for that purpose and any purpose ancillary thereto.

        [Regulation 1403 amended in Gazette 2 Feb 1982 p. 407; 21 Oct 1988 p. 4240; 3 Feb 1989 p. 342.]