Road Traffic (Administration) Act 2008

Road Traffic (Administration) Regulations 2014

 

Road Traffic (Administration) Regulations 2014

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Term used: section1

Part 2 — Matters prescribed for terms used in road laws

4.Power assisted pedal cycles2

Part 3 — Information

5.Information to be disclosed by Commissioner of Police to CEO: s. 12(4)(d)3

6.Exchange of information between CEO and other authorities3

7.Disclosure of information to prescribed persons3

8A.Authorised purposes for disclosure of information to prescribed persons8

8.Disclosure of written‑off vehicle register information8

9A.Use of information: s. 143A(1)(d)9

Part 4 — Other jurisdictions

9.Effect of directions etc., administrative actions of other jurisdictions: s. 1810

10.Effect of orders of courts, tribunals of other jurisdictions: s. 1914

Part 5 — Wardens

Division 1 — General

11.No use of force against a person15

Division 2 — Warden functions for persons authorised by CEO

12.Transport warden’s functions and powers15

13.Transport inspection wardens17

14.Transport investigation wardens21

15.Wardens who can commence certain prosecutions23

Division 3 — Warden functions for persons authorised by Commissioner of Police

16.Crossing attendant warden’s powers23

17.Traffic escort wardens24

18.Commissioner of Police parking wardens25

Part 6 — Enforcement of road laws

Division 1 — Entry warrants

19.Form of entry warrant28

Division 2 — Embargo notices

20.Particulars for embargo notice28

Part 7 — Infringement notices

21.Infringement notice offences and penalties: Road Traffic (Administration) Act 200829

21A.Infringement notice offences and penalties: Road Traffic (Authorisation to Drive) Act 200830

22.Infringement notice offences and penalties: Road Traffic (Vehicles) Act 201231

23.Infringement notice offences and penalties: Road Traffic Act 197438

24.Infringement notice offences and penalties: road law regulations43

25.Offences for which infringement notices may be served by transport wardens44

26.Offences for which infringement notices may be served by transport inspection wardens, transport investigation wardens45

27.Forms of notices46

28.Officers who may sign notices to withdraw notices47

29.Infringement notice not to be altered48

Part 8 — Prosecutions

30.Persons to approve prosecution for breach of mass, dimension or loading requirement49

31.Ascertaining mass supported on part of vehicle49

31A.Prescribed number of days for s. 117A(2)(c) and 117G(2)(b)49

Part 9 — Review of decisions under road laws

32.Review of decisions under Road Traffic (Authorisation to Drive) Act 200850

33.Review of decisions under Road Traffic (Vehicles) Act 201250

34.Right of CEO or Commissioner of Police to be heard51

Part 10 — Fees and charges

35.Disclosure of information to prescribed persons or for road safety purposes: s. 143(3)(a)52

Schedule 1 — Entry warrant

Schedule 2 — Forms for infringement notice matters

Notes

Compilation table73

Uncommenced provisions table75

Defined terms

 

Road Traffic (Administration) Act 2008

Road Traffic (Administration) Regulations 2014

Part 1  Preliminary

1.Citation

These regulations are the Road Traffic (Administration) Regulations 2014.

2.Commencement

These regulations come into operation on the day fixed under the Road Traffic (Administration) Act 2008 section 2(b).

3.Term used: section

In these regulations, unless the contrary intention appears —

section means section of the Act.

Part 2  Matters prescribed for terms used in road laws

4.Power assisted pedal cycles

(1)In this regulation —

pedalec means a vehicle that meets the standard of the European Committee for Standardization entitled EN 15194:2009 or EN 15194:2009+A1:2011 Cycles — Electrically power assisted cycles — EPAC Bicycles.

(2)For the definition of power assisted pedal cycle in section 4, the amount of power is —

(a)for a pedalec — 250 W; and

(b)for any other kind of power assisted pedal cycle — 200 W.

Part 3  Information

5.Information to be disclosed by Commissioner of Police to CEO: s. 12(4)(d)

For section 12(4)(d), the information is —

(a)the details of a charge for any offence, whether relating to a road traffic matter or any other matter, against a person who holds a driver’s licence endorsed with extension F or T under the Road Traffic (Authorisation to Drive) Regulations 2014 as they apply under the Transport (Road Passenger Services) Act 2018 section 294; and

(b)the details of a charge for any offence, whether relating to a road traffic matter or any other matter, against a person who has applied for or holds a licence or permit under the Motor Vehicle Drivers Instructors Act 1963.

[Regulation 5 amended: SL 2020/91 r. 4.]

6.Exchange of information between CEO and other authorities

For paragraph (d) of the definition of relevant authority in section 13A(1), the person is Austroads Limited (ACN 136 812 390), registered under the Corporations Act 2001 (Commonwealth).

7.Disclosure of information to prescribed persons

(1)In this regulation —

APS employee has the meaning given in the Public Service Act 1999 (Commonwealth) section 7.

(2)For the definition of prescribed person in section 14(1), the persons, and classes of person, are —

(a)the Chairperson of ASIC, as defined in the Australian Securities and Investments Commission Act 2001 (Commonwealth) section 5(1), or a staff member, as defined in that subsection, nominated by the Chairperson to the CEO;

(aa)the Commissioner, as defined in the Australian Federal Police Act 1979 (Commonwealth) section 4(1), or an AFP employee, as defined in that section, nominated by the Commissioner to the CEO;

(ab)the Australian Border Force Commissioner, appointed under the Australian Border Force Act 2015 (Commonwealth) section 11(1) (ABF Commissioner), or an Immigration and Border Protection worker, as defined in section 4(1) of that Act, nominated by the ABF Commissioner to the CEO;

(ac)the Comptroller‑General of Customs, referred to in the Australian Border Force Act 2015 (Commonwealth) section 11(3), or an Immigration and Border Protection worker, as defined in section 4(1) of that Act, nominated by the Comptroller‑General to the CEO;

(ad)the Chief of the Defence Force, appointed under the Defence Act 1903 (Commonwealth) section 12(1) (Chief of Defence), or an officer of the Defence Force, as defined in section 4(1) of that Act, nominated by the Chief of Defence to the CEO;

(b)the Inspector‑General, as defined in the Bankruptcy Act 1966 (Commonwealth) section 5(1), or an APS employee whose duties include supporting the Inspector‑General in the performance of his or her functions, or in the exercise of his or her powers, under that Act nominated by the Inspector‑General to the CEO;

[(c)deleted]

(d)the Registrar, as defined in the Child Support (Registration and Collection) Act 1988 (Commonwealth) section 4(1), or an officer or employee of the department of the Commonwealth public service principally assisting the Commonwealth Minister in the administration of that Act, nominated by the Registrar to the CEO;

(e)the Electoral Commissioner, as defined in the Commonwealth Electoral Act 1918 (Commonwealth) section 4(1), or a member of the staff mentioned in section 29 of that Act nominated by the Electoral Commissioner to the CEO;

(f)the Commissioner, as defined in the Corruption, Crime and Misconduct Act 2003 section 3(1), or another officer of the Commission, as defined in that subsection, nominated by the Commissioner to the CEO;

(g)the person appointed Vice-Chancellor under the Curtin University Act 1966 section 14(1), or any member of the staff of Curtin University nominated by the Vice-Chancellor to the CEO;

[(h)deleted]

(i)the person appointed Vice-Chancellor under the Edith Cowan University Act 1984 section 30(1), or another member of the staff, as defined in section 3(1) of that Act, nominated by the Vice-Chancellor to the CEO;

(j)the Electoral Commissioner, as defined in the Electoral Act 1907 section 4(1), or a person employed in the Western Australian Electoral Commission nominated by the Electoral Commissioner to the CEO;

(k)the FES Commissioner, as defined in the Fire and Emergency Services Act 1998 section 3, or another member of staff, as defined in that section, nominated by the FES Commissioner to the CEO;

(l)the Chief Executive Centrelink, as defined in the Human Services (Centrelink) Act 1997 (Commonwealth) section 3, or a Departmental employee, as defined in that section, nominated by the Chief Executive Centrelink to the CEO;

[(m)deleted]

(n)a CEO, as defined in the Local Government Act 1995 section 1.4 (LG CEO), of a local government or an employee as defined in that section employed by that local government and nominated by the LG CEO to the CEO;

(o)the Vice‑Chancellor, as defined in the Murdoch University Act 1973 section 3(1), or any member of the staff of Murdoch University nominated by the Vice‑Chancellor to the CEO;

(p)a CEO, as defined in the Port Authorities Act 1999 section 3(1) (PA CEO), of a port authority or a member of staff, as defined in that subsection, of that port authority nominated by the PA CEO to the CEO;

(q)the chief executive officer of an agency, as defined in the Public Sector Management Act 1994 section 3(1), or a person employed in that agency nominated by the chief executive officer to the CEO;

(r)an Agency Head, as defined in the Public Service Act 1999 (Commonwealth) section 7, or an APS employee of the Agency Head’s Agency nominated by the Agency Head to the CEO;

(s)the Commissioner, as defined in the Taxation Administration Act 1953 (Commonwealth) section 2(1), or a member of the staff mentioned in section 4A of that Act nominated by the Commissioner to the CEO;

(t)the person appointed Vice‑Chancellor under the University of Western Australia Act 1911 section 27, or any member of the staff of the University of Western Australia nominated by the Vice‑Chancellor to the CEO;

(ta)the person designated as general manager under the Western Australian Sports Centre Trust Act 1986 section 12(1), or a person appointed or employed under section 11(1) of that Act nominated by the general manager to the CEO;

(u)a registered liquidator appointed under the Corporations Act 2001 (Commonwealth) section 472(1) or a liquidator appointed under section 489EC(1) of that Act;

(v)a registered trustee of the estate of a bankrupt appointed under the Bankruptcy Act 1966 (Commonwealth);

(w)the Commissioner (however designated) of the police force of another State or of the Northern Territory, or another officer of that police force nominated by the Commissioner of that police force to the CEO;

(x)the chief executive officer (however designated) of a department of another State, the Australian Capital Territory or the Northern Territory, or a person employed in that department nominated by the chief executive officer of that department to the CEO;

(y)a chief executive officer (however designated) of a local government or local government council in another State or in the Northern Territory, or an employee employed by that local government or local government council, nominated by the chief executive officer of that local government or local government council to the CEO.

(3)A person mentioned in subregulation (2)(a) to (y) whose nomination to the CEO is revoked is, when the revocation takes effect, no longer a person prescribed for the purposes of the definition of prescribed person in section 14(1).

(4)A nomination under subregulation (2) must be in writing signed by the person making the nomination.

[Regulation 7 amended: Gazette 26 Jun 2015 p. 2274; 29 Mar 2019 p. 973‑5; 31 Dec 2019 p. 4687.]

8A.Authorised purposes for disclosure of information to prescribed persons

If the Secretary of the Department of Home Affairs of the Commonwealth is a prescribed person under regulation 7(2)(r), for the definition of authorised purpose in section 14(1) a purpose is to verify the authenticity of a driver’s licence or learner’s permit using the national Document Verification Service.

[Regulation 8A inserted: Gazette 13 Nov 2015 p. 4662; amended: Gazette 29 Mar 2019 p. 975.]

8.Disclosure of written‑off vehicle register information

(1)In this regulation —

corresponding WOVR means a register (however described), that is established and maintained under a law of another jurisdiction corresponding to the Road Traffic (Vehicles) Regulations 2014 Part 7;

identifier has the meaning given in the Road Traffic (Vehicles) Regulations 2014 regulation 3;

WOVR means the register mentioned in the Road Traffic (Vehicles) Regulations 2014 regulation 156.

(2)For the definition of prescribed person in section 14(1), the persons, and classes of person, are —

(a)a member of the public;

(b)the Commissioner as defined in the Fair Trading Act 2010 section 6.

(3)For paragraph (c) of the definition of authorised purpose in section 14(1), in relation to a prescribed person mentioned in subregulation (2), a purpose is to provide public access to these kinds of vehicle licence information —

(a)whether a particular vehicle, or a particular identifier, is or has ever been registered in the WOVR;

(b)if not, whether, to the knowledge of the CEO, the vehicle or the identifier is registered in a corresponding WOVR;

(c)if the vehicle or the identifier is registered in the WOVR or a corresponding WOVR, whether it is registered as a repairable write‑off, as mentioned in the Road Traffic (Vehicles) Regulations 2014 regulation 151, or as a statutory write‑off, as mentioned in regulation 150 of those regulations.

9A.Use of information: s. 143A(1)(d)

For section 143A(1)(d), information may be used for the purpose of inserting advertising material into an envelope that is used to send a document about a driver’s licence or vehicle licence.

[Regulation 9A inserted: Gazette 12 Jun 2015 p. 2041.]

Part 4  Other jurisdictions

9.Effect of directions etc., administrative actions of other jurisdictions: s. 18

(1)In this regulation —

HVNL means the Heavy Vehicle National Law, set out in the Schedule to the Heavy Vehicle National Law Act 2012 (Queensland).

(2)For section 18(2) —

(a)a thing done, given or issued in another jurisdiction under a provision of the HVNL or another law mentioned in column 1 of the Table is recognised if, at the time the thing was done, given or issued, the provision applied as a law of that jurisdiction; and

(b)the effect of the recognition for the purposes of a road law is set out opposite in column 2 of the Table.

Table

Provision of HVNL or other law

Effect of recognition

HVNL s. 513(1) — direction to stop vehicle (to exercise powers)

Traffic Regulations (Northern Territory) r. 25(1)(a) — direction to stop the vehicle (if breach of loading requirements)

Has effect as if it were a direction given under the Road Traffic (Administration) Act 2008 s. 39(2)(a)

HVNL s. 514(1) — direction to not move vehicle (to exercise powers)

Has effect as if it were a direction given under the Road Traffic (Administration) Act 2008 s. 39(2)(b)

HVNL s. 516(1) — direction to move vehicle (to exercise powers)

Has effect as if it were a direction given under the Road Traffic (Administration) Act 2008 s. 40(2)

HVNL s. 517(2) — direction to move vehicle (harm or obstruction)

Traffic Regulations (Northern Territory) r. 25(1)(b) to (e) — direction about insecure loads to avoid or minimise harm

Has effect as if it were a direction given under the Road Traffic (Administration) Act 2008 s. 41(2)

HVNL s. 524(2) or (3) — direction to leave vehicle

Has effect as if it were a direction given under the Road Traffic (Administration) Act 2008 s. 42(2) or (3)

HVNL s. 526 — vehicle defect notice

Motor Vehicles Act (Northern Territory) s. 128A(6) — defect notice

Has effect as if it were a defect notice issued under the Road Traffic (Vehicles) Act 2012 s. 71(1)

HVNL s. 533(2) — direction to rectify, move vehicle (minor risk breach)

Has effect as if it were a direction given under the Road Traffic (Vehicles) Act 2012 s. 63(2) or (3)

HVNL s. 533(4) — authorisation to continue journey

Has effect as if it were an authorisation given under the Road Traffic (Vehicles) Act 2012 s. 67(2)

HVNL s. 534(2) — direction about moving vehicle (substantial risk breach)

Has effect as if it were a direction given under the Road Traffic (Vehicles) Act 2012 s. 64(2) or (5)

HVNL s. 535(2) — direction about moving vehicle (severe risk breach)

Has effect as if it were a direction given under the Road Traffic (Vehicles) Act 2012 s. 65(3) or (5)

HVNL s. 568(2) — requirement for driver to produce thing

Has effect as if it were a direction given under the Road Traffic (Administration) Act 2008 s. 56(1)

HVNL s. 569(1) — requirement for responsible person to produce document

Has effect as if it were a direction given under the Road Traffic (Administration) Act 2008 s. 56(1)

HVNL s. 570(1) — requirement to give information about heavy vehicle

Has effect as if it were a direction given under the Road Traffic (Administration) Act 2008 s. 57(1)

HVNL s. 572(2) — improvement notice

Has effect as if it were an improvement notice given under the Road Traffic (Vehicles) Act 2012 s. 78(1)

HVNL s. 574 — notice of amendment to improvement notice

Has effect as if it were a notice of amendment to an improvement notice given under the Road Traffic (Vehicles) Act 2012 s. 81

HVNL s. 576 — clearance certificate

Has effect as if it were a clearance certificate issued under the Road Traffic (Vehicles) Act 2012 s. 83

10.Effect of orders of courts, tribunals of other jurisdictions: s. 19

(1)In this regulation —

HVNL means the Heavy Vehicle National Law, set out in the Schedule to the Heavy Vehicle National Law Act 2012 (Queensland).

(2)For the definition of order in section 19(1), the orders are those made —

(a)by a court or tribunal of another jurisdiction in which the HVNL applies as a law of that jurisdiction; and

(b)under a provision of the HVNL mentioned in column 1 of the Table and described in column 2 of the Table.

Table

HVNL provision

Description of order

HVNL s. 597

Commercial benefits penalty order

HVNL s. 598(2)

Order cancelling or suspending vehicle registration

HVNL s. 598(3)

Order disqualifying person from applying for vehicle registration

HVNL s. 600(1)

Supervisory intervention order

HVNL s. 607(1)

Prohibition order

HVNL s. 611(1)

Compensation order

Part 5 — Wardens

Division 1 — General

11.No use of force against a person

Nothing in these regulations authorises a warden to use force against a person.

Division 2 — Warden functions for persons authorised by CEO

12.Transport warden’s functions and powers

(1)For section 22, a transport warden can perform the functions relating to the provisions of the road laws mentioned in column 1 of the Table and described in column 2 of the Table.

Table

Road law provision

Description

Road Traffic (Administration) Act 2008 s. 32

Direction to give personal details

Road Traffic (Administration) Act 2008 s. 33

Direction to produce driver’s licence document, learner’s permit

Road Traffic (Administration) Act 2008 s. 34

Request information to identify driver, person in charge of a vehicle

Road Traffic (Administration) Act 2008 s. 39

Direction to stop vehicle, not move or interfere with vehicle or load

Road Traffic (Administration) Act 2008 s. 52(2)(b) and for that purpose s. 52(3) and (4) but not s. 52(5)(c) or (d)

Inspect vehicle for defect

Road Traffic (Administration) Act 2008 s. 75

Give several, further directions

Road Traffic (Administration) Act 2008 s. 79

Serve infringement notices for offences prescribed for the purposes of s. 79 and mentioned in regulation 25

Road Traffic (Vehicles) Act 2012 s. 71

Issue defect notice and directions

Road Traffic (Authorisation to Drive) Regulations 2014 r. 63(b)

Direction to produce official document as evidence of another jurisdiction’s authorisation to drive

Road Traffic (Vehicles) Regulations 2014 r. 42(2)

Require a vehicle licence of Class B or C vehicle to be produced for inspection

Road Traffic (Vehicles) Regulations 2014 r. 49

Require a non‑current vehicle licence to be delivered up

Road Traffic (Vehicles) Regulations 2014 r. 122

Seizure of number plates

Road Traffic (Vehicles) Regulations 2014 r. 124(1) and (3)

Seizure of imitation plates and service of notice about disposal

Road Traffic (Vehicles) Regulations 2014 r. 140

Seizure of trade plates

Road Traffic (Vehicles) Regulations 2014 r. 476

Require a document as evidence of Minister’s declaration or CEO exemption to be produced for inspection

(2)For section 24(1)(a), a transport warden has, in relation to a function under a provision of a road law mentioned in the Table to subregulation (1), the powers conferred under the provision on a police officer in relation to the function.

(3)For section 24(1)(b), a reference to a police officer in a provision of a road law mentioned in the Table to subregulation (1) is to be read as including a transport warden.

(4)However, in performing a function mentioned in section 52(2)(b), a transport warden does not have the powers conferred under section 45 on a police officer.

13.Transport inspection wardens

(1)For section 22, a transport inspection warden can perform the functions relating to the provisions of the road laws mentioned in column 1 of the Table and described in column 2 of the Table.

Table

 

Road law provision

Description

Road Traffic (Administration) Act 2008 s. 32

Direction to give personal details

Road Traffic (Administration) Act 2008 s. 33

Direction to produce driver’s licence document, learner’s permit

Road Traffic (Administration) Act 2008 s. 34

Request information to identify driver, person in charge of a vehicle

Road Traffic (Administration) Act 2008 Pt. 4 Div. 3

Directions to stop, move or leave vehicles

Road Traffic (Administration) Act 2008 s. 45

Moving unattended vehicles to exercise powers under Pt. 4 Div. 5 but not s. 55

Road Traffic (Administration) Act 2008 Pt. 4 Div. 5 but not s. 55

Inspection of vehicles and premises, search of vehicles but not premises for MDLR compliance purposes or defect

Road Traffic (Administration) Act 2008 Pt. 4 Div. 6 but not in relation to s. 55

Other directions in relation to MDLR compliance purposes (but not search of premises powers)

Road Traffic (Administration) Act 2008 s. 75

Give several, further directions

Road Traffic (Administration) Act 2008 s. 79

Serve infringement notices for offences prescribed for the purposes of s. 79 and mentioned in regulation 26

Road Traffic (Vehicles) Act 2012 s. 34(2)(b)

Direct production of copy of permit for modification

Road Traffic (Vehicles) Act 2012 s. 41(2)(b)

Direct production of copy of permit for access approval

Road Traffic (Vehicles) Act 2012 Pt. 5 Div. 4

Determining categories of loading requirement breaches

Road Traffic (Vehicles) Act 2012 Pt. 6 Div. 2

Directions for breaches of mass, dimension or loading requirements

Road Traffic (Vehicles) Act 2012 s. 71

Issue defect notice and directions

Road Traffic (Authorisation to Drive) Regulations 2014 r. 63(b)

Direction to produce official document as evidence of another jurisdiction’s authorisation to drive

Road Traffic (Vehicles) Regulations 2014 r. 42(2)

Require a vehicle licence of Class B or C vehicle to be produced for inspection

Road Traffic (Vehicles) Regulations 2014 r. 49

Require a non‑current vehicle licence to be delivered up

Road Traffic (Vehicles) Regulations 2014 r. 122

Seizure of number plates

Road Traffic (Vehicles) Regulations 2014 r. 124(1) and (3)

Seizure of imitation plates and service of notice about disposal

Road Traffic (Vehicles) Regulations 2014 r. 140

Seizure of trade plates

Road Traffic (Vehicles) Regulations 2014 r. 454X

Direct production of heavy vehicle pilot licence

Road Traffic (Vehicles) Regulations 2014 r. 476

Require a document as evidence of Minister’s declaration or CEO exemption to be produced for inspection

(2)For section 24(1)(a), a transport inspection warden has, in relation to a function under a provision of a road law mentioned in the Table to subregulation (1), the powers conferred under the provision on a police officer in relation to the function.

(3)For section 24(1)(b), a reference to a police officer in a provision of a road law mentioned in the Table to subregulation (1) is to be read as including a transport inspection warden.

(4)Subregulation (3) is subject to section 72.

[Regulation 13 amended: Gazette 15 Nov 2016 p. 5077.]

14.Transport investigation wardens

(1)For section 22, a transport investigation warden can perform the functions relating to the provisions of the road laws mentioned in column 1 of the Table and described in column 2 of the Table.

Table

Road law provision

Description

Road Traffic (Administration) Act 2008 Pt. 4

Enforcement of road laws

Road Traffic (Administration) Act 2008 s. 79

Serve infringement notices for offences prescribed for the purposes of s. 79 and mentioned in regulation 26

Road Traffic (Vehicles) Act 2012 s. 34(2)(b)

Direct production of copy of permit for modification

Road Traffic (Vehicles) Act 2012 s. 41(2)(b)

Direct production of copy of permit for access approval

Road Traffic (Vehicles) Act 2012 Pt. 5 Div. 4

Determining categories of loading requirement breaches

Road Traffic (Vehicles) Act 2012 Pt. 6 Div. 2

Directions for breaches of mass, dimension or loading requirements

Road Traffic (Vehicles) Act 2012 s. 71

Issue defect notice and directions

Road Traffic (Authorisation to Drive) Regulations 2014 r. 63(b)

Direction to produce official document as evidence of another jurisdiction’s authorisation to drive

Road Traffic (Vehicles) Regulations 2014 r. 42(2)

Require a vehicle licence of Class B or C vehicle to be produced for inspection

Road Traffic (Vehicles) Regulations 2014 r. 49

Require a non‑current vehicle licence to be delivered up

Road Traffic (Vehicles) Regulations 2014 r. 122

Seizure of number plates

Road Traffic (Vehicles) Regulations 2014 r. 124(1) and (3)

Seizure of imitation plates and service of notice about disposal

Road Traffic (Vehicles) Regulations 2014 r. 140

Seizure of trade plates

Road Traffic (Vehicles) Regulations 2014 r. 454X

Direct production of heavy vehicle pilot licence

Road Traffic (Vehicles) Regulations 2014 r. 476

Require a document as evidence of Minister’s declaration or CEO exemption to be produced for inspection

(2)For section 24(1)(a), a transport investigation warden has, in relation to a function under a provision of a road law mentioned in the Table to subregulation (1), the powers conferred under the provision on a police officer in relation to the function.

(3)For section 24(1)(b), a reference to a police officer in a provision of a road law mentioned in the Table to subregulation (1) is to be read as including a transport investigation warden.

(4)Subregulation (3) is subject to section 72.

[Regulation 14 amended: Gazette 15 Nov 2016 p. 5077.]

15.Wardens who can commence certain prosecutions

For sections 22 and 105(2)(b), a transport warden, a transport inspection warden and a transport investigation warden can perform the function of commencing a prosecution for an offence under a road law other than the Road Traffic Act 1974.

Division 3 — Warden functions for persons authorised by Commissioner of Police

16.Crossing attendant warden’s powers

(1)In this regulation —

crossing attendant warden means a person who is authorised by the Commissioner of Police under section 23 to perform one or more of the functions relating to the control of vehicles and pedestrians at children’s crossings and pedestrian crossings.

(2)For section 24(1)(a), a crossing attendant warden has, in relation to the warden’s functions, the powers conferred on a police officer under the Road Traffic Code 2000 regulations 272(1) and 273(1) and (2).

(3)For section 24(1)(b), a reference in the Road Traffic Code 2000 regulation 272(1) or 273(1), (3) or (4) to a police officer is to be read as including a crossing attendant warden.

17.Traffic escort wardens

(1)In this regulation —

traffic escort warden means a person who is authorised by the Commissioner of Police under section 23 to perform one or more of the functions relating to the escort and movement of oversize vehicles.

(2)For section 24(1)(a), a traffic escort warden has, in relation to the warden’s functions, the powers conferred on a police officer under a provision of a road law mentioned in the Table.

Table

Road law provision

Description

Road Traffic (Administration) Act 2008 s. 32

Direction to give personal details

Road Traffic (Administration) Act 2008 s. 33

Direction to produce driver’s licence document, learner’s permit

Road Traffic (Administration) Act 2008 s. 39

Direction to stop vehicle, not move or interfere with vehicle or load

Road Traffic (Administration) Act 2008 s. 75

Give several, further directions

Road Traffic (Vehicles) Act 2012 s. 34(2)(b)

Direct production of copy of permit for modification

Road Traffic (Vehicles) Act 2012 s. 41(2)(b)

Direct production of copy of permit for access approval

Road Traffic (Vehicles) Regulations 2014 r. 454X

Direct production of heavy vehicle pilot licence

(3)For section 24(1)(b), the following references to a police officer are to be read as including a traffic escort warden —

(a)a reference to a police officer in a provision of a road law mentioned in the Table to subregulation (2);

(b)a reference to a police officer in the Road Traffic Code 2000 regulation 272(1), 273(1), (3) or (4) or 282(1);

(c)a reference to a police officer in paragraph (a) of the definition of escort vehicle in the Road Traffic (Vehicles) Regulations 2014 regulation 3;

(d)a reference to a police officer in the Road Traffic (Vehicles) Regulations 2014 regulation 452(2) or 454X.

[Regulation 17 amended: Gazette 15 Nov 2016 p. 5077.]

18.Commissioner of Police parking wardens

(1)In this regulation —

parking warden means a person who is authorised by the Commissioner of Police under section 23 to perform one or more of the functions prescribed by subregulation (2).

(2)For section 23(c), the functions of a parking warden are —

(a)to enforce the provisions of the Road Traffic Code 2000 that are mentioned in the Table; and

(b)to serve infringement notices for offences prescribed for the purposes of section 79 and mentioned in the Table.

Table

Road Traffic Code 2000 provision

Description

r. 140

No stopping signs

r. 141

No parking signs

r. 142

No stopping on carriageway with yellow edge line

r. 143

Prohibited stopping places

r. 144

Stopping on or near children’s crossing or pedestrian crossing

r. 145

Stopping on or near marked foot crossing

r. 147

Stopping on or near level crossing

r. 148

Stopping on clearway

r. 149

Stopping on freeway

r. 157

Stopping in bus lane, transit lane, truck lane or bicycle lane

r. 159

Double parking

r. 163

Stopping near fire hydrant

r. 164

Stopping at or near bus stop

(3)For section 24(1)(a), a parking warden has, in relation to a function, the powers conferred on a police officer under section 46, 49 or 79 in relation to the function.

(4)For section 24(1)(b), a reference to a police officer in section 46, 49 or 79 is to be read as including a parking warden.

[Regulation 18 amended: Gazette 20 Sep 2016 p. 3984.]

Part 6 — Enforcement of road laws

Division 1 — Entry warrants

19.Form of entry warrant

For section 65(3), the form of a warrant authorising entry to premises is set out in Schedule 1.

Division 2 — Embargo notices

20.Particulars for embargo notice

For section 71(3)(a), an embargo notice must contain all of these —

(a)a description of the record, device or other thing seized;

(b)the name and contact details of the police officer issuing the notice;

(c)the name of the person on whom the notice is served or a statement that a copy of the notice is affixed to the record, device or thing in accordance with section 71(4)(b);

(d)the date on which the notice is issued.

Part 7  Infringement notices

21.Infringement notice offences and penalties: Road Traffic (Administration) Act 2008

An offence under a provision of the Road Traffic (Administration) Act 2008 that is mentioned in the Table is prescribed for section 79 and the number of PU set out in the Table opposite the provision is, for section 79, prescribed to be the amount of the penalty for the offence if dealt with under Part 5 Division 1 of that Act.

Table

Provision of Road Traffic (Administration) Act 2008

Description of offence

Penalty if dealt with by infringement notice

(PU)

s. 33(2)

Failure to produce driver’s licence document, learner’s permit on direction

1

s. 36(2)(a)

Obtaining or applying for a driver’s licence while disqualified

15

s. 36(2)(g)

Lending or allowing another person to use a driver’s licence document, vehicle licence or number plate or label

15

s. 44

Failure to comply with direction under s. 39, 40, 41 or 42

12

s. 47(2)

Parking on land not a road without authority

1

s. 47(4)

Failure to comply with direction under s. 47(3)

1

s. 140(4)

Failure to comply with a notice under s. 140(2)

2

[Regulation 21 amended: Gazette 26 May 2017 p. 2637.]

21A.Infringement notice offences and penalties: Road Traffic (Authorisation to Drive) Act 2008

An offence under the Road Traffic (Authorisation to Drive) Act 2008 section 7(2) (possessing a driver’s licence that is void because of section 7(1) of that Act) is prescribed for section 79, and 10 PU is prescribed to be the amount of the penalty for the offence if dealt with under the Road Traffic (Administration) Act 2008 Part 5 Division 1.

[Regulation 21A inserted: Gazette 26 May 2017 p. 2637.]

22.Infringement notice offences and penalties: Road Traffic (Vehicles) Act 2012

(1)An offence under a provision of the Road Traffic (Vehicles) Act 2012 that is mentioned in the Table is prescribed for section 79 and the number of PU set out in the Table opposite the provision is, for section 79, prescribed to be the amount of the penalty for the offence if dealt with under the Road Traffic (Administration) Act 2008 Part 5 Division 1.

Table

Provision of Road Traffic (Vehicles) Act 2012

Description of offence, circumstances

Penalty if dealt with by infringement notice

(PU)

s. 4(2)

Using on a road a light vehicle that does not have the requisite, or a current, licence

5

s. 8(2)

Failure to deliver licence document and number plates as demanded by CEO

2

s. 8(3)

Using a licence document or number plates demanded by CEO

2

s. 10(1)

Failure of former owner of vehicle to give CEO written notice of new owner’s details and return licence document and number plates if applicable

2

s. 10(2)

Failure of new owner of vehicle to give CEO written notice of new owner

2

s. 10(6)

Failure to apply for transfer of a vehicle licence within 28 days after issue of notice under s. 10(3)(b)

2

s. 29(1)

Breach of mass requirement relating to heavy vehicle — mass up to 30% in excess of maximum permitted mass

The same number of PU set out in the Table to the Road Traffic (Vehicles) Act 2012 s. 30(1) for the minimum fine for the offence

s. 29(1)

Breach of mass requirement relating to light vehicle

The same number of PU set out in the Table to the Road Traffic (Vehicles) Act 2012 s. 30(2) for the minimum fine for the offence

s. 29(1)

Breach of a loading requirement that is a minor risk breach

2

s. 29(1)

Breach of a dimension requirement that is a minor risk breach

The same number of PU as the fine for the minimum penalty for the offence under the Road Traffic (Vehicles) Act 2012 s. 30(3)(b)

s. 29(1)

Breach of a loading or dimension requirement that is a substantial risk breach

The same number of PU as the fine for the minimum penalty for the offence under the Road Traffic (Vehicles) Act 2012 s. 30(3)(c)

s. 29(1)

Breach of a loading or dimension requirement that is a severe risk breach

The same number of PU as the fine for the minimum penalty for the offence under the Road Traffic (Vehicles) Act 2012 s. 30(3)(d)

s. 34(2)

Driver to carry, produce permit for mass or dimension modification

2

s. 36(1)

Failure to comply with provision of order or permit for mass or dimension modification other than about a road on which the vehicle can or cannot be driven

The same number of PU as the fine for the minimum penalty for the offence under par. (b) of the penalty provision in the Road Traffic (Vehicles) Act 2012 s. 36(1)

s. 39(1)

Complying restricted access vehicle on road without access approval

The same number of PU as the fine for the minimum penalty for the offence under the Road Traffic (Vehicles) Act 2012 s. 39(1)

s. 39(3)

Failure to comply with an order or permit giving access approval

The same number of PU as the fine for the minimum penalty for the offence under the Road Traffic (Vehicles) Act 2012 s. 39(3)

s. 41(2)

Driver to carry, produce permit giving access approval

2

s. 66

Failure to comply with direction under s. 63(2) or (3) or 64(2) or (5)

20

s. 73(2)(a), (b) and (c)

Offences relating to defect notices, copies, stickers

8

s. 75(1)

Vehicle driven not in accordance with applicable defect notice

12

s. 75(3)

Failure to comply with a direction under s. 71(2)

12

s. 86(1)(a) and (b)

Failure by responsible entity to provide container weight declaration to responsible person, drivers

5

s. 87(1)

Failure by responsible person to provide container weight declaration to drivers

5

s. 87(2)

Failure by responsible person to provide container weight declaration to other carrier

5

s. 88(1)

Driving without complying container weight declaration

5

s. 88(2)

Failure to keep container weight declaration accessible from vehicle

5

s. 103(1)

Weight of freight container exceeds maximum gross weight for container: consignor’s duties

10

s. 104(1)

Weight of freight container exceeds maximum gross weight for container: packer’s duties

10

(2)For section 81(2)(a), the prescribed transfer fee is the fee that a court would have to order a person to pay under the Road Traffic (Vehicles) Act 2012 section 10(7)(a) if the person were convicted of the offence.

[Regulation 22 amended: Gazette 26 May 2017 p. 2638.]

23.Infringement notice offences and penalties: Road Traffic Act 1974

(1)In this regulation —

novice driver (type 1A) has the meaning given in the Road Traffic (Authorisation to Drive) Regulations 2014 regulation 4(2).

(2)An offence under a provision of the Road Traffic Act 1974 that is mentioned in the Table is prescribed for section 79 and the number of PU set out in the Table opposite the provision is, for section 79, prescribed to be the amount of the penalty for the offence if dealt with under the Road Traffic (Administration) Act 2008 Part 5 Division 1.

Table

Provision of Road Traffic Act 1974

Description of offence

Penalty if dealt with by infringement notice

(PU)

s. 49(1)

Driving while not authorised under the Road Traffic (Authorisation to Drive) Act 2008 Pt. 2 — in these circumstances —

2

 

(a)the offence is not committed by a novice driver (type 1A) between midnight and the following 5 a.m.; and

(b)the Road Traffic Act 1974 s. 49(3) does not apply

 

s. 49(1)

Driving while not authorised under the Road Traffic (Authorisation to Drive) Act 2008 Pt. 2 if the offence is committed by a novice driver (type 1A) between midnight and the following 5 a.m.

4

s. 50A(1)

Failure to carry or produce document to do with authorisation other than Australian driver licence

1

s. 50A(2)

Holder of foreign country’s driver’s licence failing to comply with condition of licence

1

s. 54(6)

Driver involved in incident occasioning bodily harm failing to give name and address

10

s. 55(1)

Driver in incident occasioning property damage failing to stop after incident

10

s. 55(4)

Driver in incident occasioning property damage failing to give name and address

10

s. 62

Careless driving

6

s. 62B(1)

Providing driving instruction to a learner driver while having a blood alcohol content of or above 0.05 g of alcohol per 100 mL of blood

6

s. 62B(4)

Providing driving instruction to a learner driver while having any blood alcohol content where the instructor is a person described in the Road Traffic Act 1974 s. 62B(2)

6

s. 62B(5)

Providing driving instruction to a learner driver in respect of a motor vehicle that has a GCM that is 22.5 tonnes or more while having any blood alcohol content

6

s. 62C(1)

Providing driving instruction to a learner driver while a prescribed illicit drug is present in the instructor’s oral fluid or blood

6

s. 64AA

A first offence of driving or attempting to drive a motor vehicle while having a blood alcohol content of or above 0.05 g of alcohol per 100 mL of blood

8

s. 64AAA

Driving or attempting to drive a motor vehicle while having any blood alcohol content

6

s. 81F(1)

Obstructing the use of, or misusing, road closed for events

4

[Regulation 23 amended: Gazette 25 Nov 2016 p. 5281‑2; 26 May 2017 p. 2638.]

24.Infringement notice offences and penalties: road law regulations

(1)In this regulation —

road law regulation offence means an offence —

(a)under a provision mentioned in the Table; and

(b)for which a modified penalty is specified.

Table

Road law regulations

Provision

Road Traffic Code 2000

Pts. 3 to 20 inclusive

Road Traffic (Authorisation to Drive) Regulations 2014

Pts. 2, 3 and 4

Road Traffic (Vehicles) Regulations 2014

Pts. 2, 3, 4, 5, 7, 8, 10, 11, 12, 13A, 14 and 16

(2)A road law regulation offence is prescribed for section 79 and the amount specified as the modified penalty for the offence is, for section 79, prescribed to be the amount of the penalty for the offence if dealt with under the Road Traffic (Administration) Act 2008 Part 5 Division 1.

(3)An offence is not prescribed under subregulation (2) if it is an offence of a kind mentioned in section 85(a)(i), (ii) or (iii).

[Regulation 24 amended: Gazette 24 Jun 2016 p. 2343; 15 Nov 2016 p. 5077.]

25.Offences for which infringement notices may be served by transport wardens

For regulation 12(1) in relation to serving infringement notices for offences prescribed for the purposes of section 79, an offence under a provision of a road law mentioned in the Table is an offence for which an infringement notice may be served by a transport warden.

Table

Road law

Provision

Road Traffic (Administration) Act 2008

s. 33(2) and 44

Road Traffic (Vehicles) Act 2012

s. 4(2)

s. 10(1), (2) and (6)

s. 73(2)(a), (b) and (c)

s. 75(1) and (3)

Road Traffic (Authorisation to Drive) Regulations 2014

r. 63(b)

Road Traffic (Vehicles) Regulations 2014

Pts. 2, 3, 4, 5, 7, 10, 11, 12, 14 and 16

[Regulation 25 amended: Gazette 24 Jun 2016 p. 2343.]

26.Offences for which infringement notices may be served by transport inspection wardens, transport investigation wardens

For regulations 13(1) and 14(1) in relation to serving infringement notices for offences prescribed for the purposes of section 79, an offence under a provision of a road law mentioned in the Table is an offence for which an infringement notice may be served by a transport inspection warden or transport investigation warden.

Table

Road law

Provision

Road Traffic (Administration) Act 2008

s. 33(2), 36(2), 44 and 47(4)

Road Traffic (Vehicles) Act 2012

All the provisions mentioned in the Table to regulation 22(1)

Road Traffic (Authorisation to Drive) Regulations 2014

r. 63(b)

Road Traffic (Vehicles) Regulations 2014

Pts. 2, 3, 4, 5, 7, 8,10, 11, 12, 13A, 14 and 16

[Regulation 26 amended: Gazette 24 Jun 2016 p. 2343; 15 Nov 2016 p. 5077; 26 May 2017 p. 2639.]

27.Forms of notices

(1)For section 79, the form of an infringement notice for circumstances other than those mentioned in subregulations (2) to (5) is set out in Schedule 2 Form 1.

(2)For sections 79 and 81, the form of an infringement notice for an alleged offence under the Road Traffic (Vehicles) Act 2012 section 10(6) is set out in Schedule 2 Form 2.

(3)For section 79, the form of an infringement notice that can be addressed to the responsible person for a vehicle under section 86 is set out in Schedule 2 Form 3.

(4)For section 79, the form of an infringement notice that can be addressed to the responsible person for a vehicle under section 91 or 93 is set out in Schedule 2 Form 4.

(5)In the case of a notice enclosing photographic evidence that is served under section 98 or 99 that, under section 104(2), is to be regarded as an infringement notice, for section 79 the form is set out in Schedule 2 Form 5.

(6)For section 83(2), the form of a notice to withdraw an infringement notice is set out in Schedule 2 Form 6.

(7)For section 101(1), the form of a notice to withdraw a notice under section 98 is set out in Schedule 2 Form 7.

(8)For section 101(1), the form of a notice to withdraw a notice under section 99 is set out in Schedule 2 Form 8.

28.Officers who may sign notices to withdraw notices

(1)For section 83(2), a notice to withdraw an infringement notice for an offence under the Road Traffic Act 1974 may be signed by a police officer who is, or is acting as, an inspector or an officer of a rank more senior than an inspector.

(2)For section 101(1), a notice to withdraw a notice under section 98 or 99 for an offence under the Road Traffic Act 1974 may be signed by a person mentioned in subregulation (1).

(3)For section 83(2), a notice to withdraw an infringement notice for an offence under a road law other than the Road Traffic Act 1974 may be signed by —

(a)a person holding 1 of the following offices in the Driver and Vehicle Services business unit of the agency principally assisting the Minister in the administration of the Act —

(i)General Manager;

(ii)Assistant Director, Governance;

(iii)Investigation Services Manager;

(iv)Compliance Services Manager;

(v)Quality Assurance Manager;

(vi)Risk and Business Continuity Manager;

or

(b)a person holding 1 of the following offices in the agency principally assisting the Minister in the administration of the Main Roads Act 1930 —

(i)Executive Director, Heavy Vehicle Services;

(ii)Director, Heavy Vehicle Services;

(iii)Manager, Heavy Vehicle Transport Compliance;

or

(c)a police officer who is, or is acting as, an inspector or an officer of a rank more senior than an inspector.

(4)For section 101(1), a notice to withdraw a notice under section 98 or 99 for an offence under a road law other than the Road Traffic Act 1974 may be signed by a person mentioned in subregulation (3).

[Regulation 28 amended: Gazette 25 May 2018 p. 1648-9.]

29.Infringement notice not to be altered

(1)A person must not alter an infringement notice other than to insert required information in the place indicated on the form of notice for the information.

Penalty: a fine of 4 PU.

(2)Subregulation (1) does not apply to —

(a)a police officer; or

(b)a warden whose functions include serving infringement notices.

Part 8  Prosecutions

30.Persons to approve prosecution for breach of mass, dimension or loading requirement

For section 105(3A), a prosecution for an offence under the Road Traffic (Vehicles) Act 2012 section 29(1) requires the approval of a person who is —

(a)a police officer who is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; or

(b)a Manager, Heavy Vehicle Services, Main Roads WA.

31.Ascertaining mass supported on part of vehicle

(1)In this regulation —

Measurement Adjustments document means the document, as amended from time to time, entitled “Measurement Adjustments for the enforcement of mass requirements” published on the website maintained by the Commissioner of Main Roads.

(2)For section 113(4), the prescribed amount for a vehicle and its load is the measurement adjustment applied in accordance with the Measurement Adjustments document.

31A.Prescribed number of days for s. 117A(2)(c) and 117G(2)(b)

For sections 117A(2)(c) and 117G(2)(b), the prescribed number of days is 365.

[Regulation 31A inserted: Gazette 3 Oct 2017 p. 5055.]

Part 9  Review of decisions under road laws

32.Review of decisions under Road Traffic (Authorisation to Drive) Act 2008

(1)A person affected by a reviewable decision as defined in the Road Traffic (Authorisation to Drive) Regulations 2014 regulation 70 or a decision made on reconsidering a reviewable decision under regulation 72 of those regulations may apply to the State Administrative Tribunal for a review of the decision.

(2)The Commissioner of Police has the right to be heard in proceedings for the review of the decision.

33.Review of decisions under Road Traffic (Vehicles) Act 2012

(1)In this regulation —

reviewable decision means —

(a)a CEO exemption reviewable decision as defined in the Road Traffic (Vehicles) Regulations 2014 regulation 478; or

(b)an improvement notice reviewable decision as defined in regulation 481 of those regulations; or

(c)an MDL reviewable decision as defined in regulation 478 of those regulations; or

(d)a vehicle licensing reviewable decision as defined in regulation 478 of those regulations.

(2)A person affected by a reviewable decision or a decision made on reconsidering a reviewable decision under the Road Traffic (Vehicles) Regulations 2014 regulation 480 or 483 may apply to the State Administrative Tribunal for a review of the decision.

[Regulation 33 amended: Gazette 12 Jun 2015 p. 2042.]

34.Right of CEO or Commissioner of Police to be heard

(1)In this regulation —

approved officer has the meaning given in the Road Traffic (Vehicles) Act 2012 section 77;

improvement notice has the meaning given in the Road Traffic (Vehicles) Act 2012 section 77;

improvement notice decision means —

(a)a decision of an approved officer to give or amend an improvement notice; or

(b)a decision made under the Road Traffic (Vehicles) Regulations 2014 regulation 483 on reconsideration of a decision of an approved officer to give or amend an improvement notice.

(2)The CEO has the right to be heard in proceedings for the review of an improvement notice decision if the CEO nominated the approved officer who made the decision to give or amend the improvement notice.

(3)The Commissioner of Police has the right to be heard in proceedings for the review of an improvement notice decision if the Commissioner nominated, or authorised the nomination of, the approved officer who made the decision to give or amend the improvement notice.

Part 10  Fees and charges

35.Disclosure of information to prescribed persons or for road safety purposes: s. 143(3)(a)

(1)In this regulation —

data storage device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device.

(2)The fees specified in the Table to this subregulation are payable in relation to information disclosed by the CEO under section 14.

Table

Service

Fee
$

For searching records manually, per record

17.70

For searching records by computer where a list of vehicles to be searched is supplied to the CEO on a data storage device, per record



3.40

For production of an extract of a record, per extract


19.00

For detailed searching of current and historical information about a record, including production of supporting documentation, per search




23.90

(3)The charges specified in the Table to this subregulation are payable in relation to information disclosed by the CEO under section 15.

Table

Service

Fee
$

For writing and running a program to extract records or information, per hour


85.70

For preparing a report that compiles extracted records or information, per report



43.25

[Regulation 35 amended: Gazette 29 May 2015 p. 1884‑5; 14 Jun 2016 p. 1993; 23 Jun 2017 p. 3260; 22 Jun 2018 p. 2186; 31 May 2019 p. 1723; SL 2020/74 r. 4.]

 

 

Schedule 1  Entry warrant

[r. 19]

Warrant authorising entry to premises (Act s. 65)

Road Traffic (Administration) Act 2008 s. 65

 

Warrant authorising entry to premises

To

All police officers and transport investigation wardens.

Application

The applicant has applied under the Road Traffic (Administration) Act 2008 s. 63 to me, a Justice of the Peace, for a warrant authorising entry to premises.

Applicant’s details

Full name of police officer/ transport investigation warden

 

Rank/Office held

 

Number assigned for official purposes to applicant

 

Station/squad

 

Suspected offence(s)

 

Warrant

This warrant authorises you to enter the premises described below using the powers in the Road Traffic (Administration) Act 2008 s. 55 including those in s. 53(5) and 54(8).

This warrant must be executed in accordance with s. 66 of that Act.

Premises to be entered1

 

Execution period2

This warrant must be executed within days after the date it is issued.

Issuing details

Name of JP

 

Date

 

Time

 

JP’s signature

Issued by me on the above date and at the above time.

 

Justice of the Peace

Execution details

Start

Date:Time:

End

Date:Time:

Occupier present? Yes/No Search audiovisually recorded? Yes/No

Thing(s) seized? Yes/No

Officer in charge of execution

Full name of police officer/ transport investigation warden

 

Rank/Office held

 

Number assigned for official purposes to officer in charge of execution

 

Station/squad

 

Notes —

1.State the address or geographical location of the premises as defined in the Act s. 55(1) to be entered.

2.This period must not exceed 30 days (see the Act s. 65(2)(d)).

Schedule 2  Forms for infringement notice matters

[r. 27]

Form 1

INFRINGEMENT NOTICE TO BE SERVED ON ALLEGED OFFENDER

Road Traffic (Administration) Act 2008 section 79

INFRINGEMENT NOTICE

Road Traffic (Administration) Act 2008 section 79

DATE OF ISSUE

oo / oo / oo

 

SEX o SURNAME oooooooooooooooooooooooooooo

GIVEN NAMES oooooooooooooooooooooooooooooo

NUMBER/STREET ooooooooooooooooooooooooooooo

SUBURB/TOWN ooooooooooooooooo POSTCODE oooo

DRIVER’S LICENCE
NUMBER

ooooooo

EXPIRY DATE

oo / oo / oo

CLASS

oooooo

STATE

ooo

PROV.

o

DATE OF BIRTH oo / oo / oo “P” PLATES ATTACHED YES/NO DRIVER/OTHER

NUMBER PLATE No. oooooooo VEHICLE LICENCE EXPIRY DATE oo / oo VEHICLE MAKE_______________________ BODY__________________

It is alleged that at oooo Hrs. on _______day oo / oo / oo you committed the offence of

 

CODE

ooo

 

 

PRESCRIBED PENALTY

 

 

$

 

 

 

 

 

 

 

at ROAD/STREET ooooooooooooooooooooooooooooo

LOCALITY oooooooooooooooooooooooooooooo

STATION ____________ POLICE OFFICER/WARDEN_______________________ No. _____________

Before making payment please print your driver’s licence no. and date of birth in the boxes provided if the officer has not already done this.

D D M M Y YDRIVER’S LICENCE NUMBER

DATE OF BIRTH oo / oo / oo ooooooo

TAKE NOTICE THAT

If you do not wish to be prosecuted for the alleged offence in a court, pay to the person specified on the reverse of this notice, within 28 days, the prescribed penalty.

If within 28 days from the Date of Issue you do not pay the penalty above, FURTHER ACTION WILL BE TAKEN in respect of the offence, and you will incur further costs.

COURT:

If you wish the matter to be dealt with by a court, do not pay the Infringement Notice. You should advise .............................. at ....................................................of your intentions in writing, before the due date otherwise further costs will be incurred.

CREDIT CARD PAYMENTS: COMPLETE ALL DETAILS

PLEASE DEBIT MY CREDIT CARD ACCOUNT.

BANKCARD oMASTERCARD oVISA CARD o (TICK BOX)

 

 

 

AMOUNT

CARD NUMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CARDHOLDER NAME ____________________________________________________________________

SIGNATURE _____________________________________________ EXPIRY DATE __________/______

Reverse of Form

WHO TO PAY

[The person to whom payment may be made is to be specified here.]

 

Form 2

INFRINGEMENT NOTICE TO BE SERVED ON NEW OWNER OF VEHICLE FOR NOT APPLYING FOR TRANSFER OF VEHICLE LICENCE

Road Traffic (Administration) Act 2008 sections 79 and 81
Road Traffic (Vehicles) Act 2012 section 10(6)

 

To:

Address:

 

 

Notice No.:

 

 

 

Vehicle No.:

 

 

PART AOFFENCE DETAILS

It is alleged that the following offence occurred:

Offence details:

It is alleged that you committed the offence of failing to make an application for the transfer of the licence for the vehicle within 28 days (or any longer period allowed by the CEO) after a notice was issued to you under the Road Traffic (Vehicles) Act 2012 section 10(3)(b).

Offence date:

 

Officer issuing notice:

 

 

PART BIMPORTANT INFORMATION

1.

You may elect to have the offence alleged in Part A heard in the Magistrates Court by filling in Part E.

2.

If you have not become the owner of the vehicle, you may choose not to pay the modified penalty specified below and instead complete Part F notice and return it to [insert details] as soon as possible. Note however the further information in Part D.

3.

If you do not wish to be prosecuted for the alleged offence in a court, you may pay to [specify officer] the amount specified below on or before the due date specified below. If you do so you must complete Part G.

 

Amounts payable:

Amount payable under the Duties Act 2008 in respect of the transfer of the vehicle licence:

 

Transfer fee:

 

 

 

Modified penalty:

 

 

 

TOTAL AMOUNT DUE:

 

DUE DATE:

 

 

PART CPAYMENT DETAILS

Please note the further information in Part D.
If paying by post send this slip with your payment to [insert details].

If paying in person present this notice intact at [insert details].

Infringement no.:

 

 

Complete this authorisation for credit card payments

 

 

Due date:

 

 

Please debit my

 

Visa

 

Mastercard

 

 

 

 

Amount due:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cardholder name

 

Card expiry

 

 

Signature

 

Date

 

 

 

PAYMENT will only be accepted if —

the payment is received on or before .............................. (no extensions will be given); and

the payment is made in full (part payments will not be accepted); and

the payment is made to [insert details].

Cheques and money orders must be made payable to [insert details].

PART DYOUR OPTIONS — FURTHER DETAILS

IMPORTANT INFORMATION:

If, on or before .............................., you have not either paid the modified penalty or elected to have the alleged offence determined in court, then this infringement notice will, unless the notice is withdrawn on the basis of information provided by you in Part E, be registered at the Fines Enforcement Registry. You will incur further costs and some or all of the following action may be taken — your driver’s licence may be suspended; your vehicle licence may be suspended or cancelled; your details may be published on a website; your vehicle may be immobilised or have its number plates removed; and your property may be seized and sold. If any information provided by you in Part E does not lead to the withdrawal of this notice, you will be notified by mail.

 

PART EELECTING TO GO TO COURT

I elect to have the offence alleged in Part A heard and determined in court. I understand that I will receive a summons in due course.

Signature:

 

Date:

 

If the address for that summons differs from that printed on the front page of this notice enter the new address below.

Address:

 

Suburb:

 

Postcode:

 

 

PART FINFORMATION REGARDING WHO WAS THE OWNER OF THE VEHICLE

 

Statement

I ............................................................................. [name], of ................................................................................ [address],
being authorised to make statements for ....................................................., [
if this notice is not addressed to an individual]
declare that I am not the owner of the vehicle stated on the front of this notice and that the vehicle is instead owned by —

Surname:

 

Given name:

 

Ph.:

 

Address:

 

Suburb:

 

Postcode:

 

Signature of person
making statement:

 

Date:

 

 

PART GAPPLICATION FOR TRANSFER

DEFINITIONS

1.The purchase price of a vehicle includes —

(a)any amount allowed by the seller of a vehicle on a trade in or an exchange of any article; and

(b)any amount paid to the seller of a vehicle for things included with or incorporated into the vehicle or for the preparation of the vehicle for delivery to the purchaser.

2.The dutiable value of a vehicle means the dutiable value of the vehicle worked out in respect of the vehicle under the Duties Act 2008 Chapter 5 Part 3 Division 5.

3.As a general rule, the dutiable value of a vehicle is the same as its purchase price, including any amount referred to in paragraph 1(a) and (b) of the definition above, and adding any special discount allowed which is not available to the public generally (such as a tax exemption).

Warning: A transferee who understates the purchase price or estimated dutiable value of a vehicle may be liable to a penalty of $20 000 under the Taxation Administration Act 2003. The transferee may also be liable for the payment of the vehicle licence duty that was not paid as a result of the understated amounts, together with a penalty tax for contravening a taxation Act.

 

APPLICATION

1.I apply for the vehicle, the details of which are shown on the front of this notice, to be transferred from the previous owner.

Surname:

 

Given name:

 

Ph.:

 

Address:

 

Suburb:

 

Postcode:

 

Driver’s licence:

 

Company (if any):

ACN:

 

 

2.I purchased this vehicle and its purchase price was:

 

 

Dealer organisation code (if any):

 

 

 

3.I estimate that the dutiable value of the vehicle
at the time I became its owner was:

 

 

 

Signature of person
making application:

 

Date:

 

 

 

DEALER’S DECLARATION DUTIES ACT 2008 section 246(2)

(To be completed by motor vehicle dealers only)

As the person, or an authorised officer of the company, referred to above, I declare that —

(a)the motor vehicle described on the front of this notice will be used for the purpose of resale in the ordinary course of business; and

(b)while the dealer holds the licence the vehicle will not be used for any purpose other than a purpose referred to in the Duties Act 2008 section 246(2)(a) or 247(1)(a); and

(c)I understand the effect of the Duties Act 2008 section 249.

Dealer organisation code:

 

 

Signature:

 

Date:

 

 

 

 

 

 

Mail this completed form to [insert details].

 

Form 3

INFRINGEMENT NOTICE TO BE SERVED ON RESPONSIBLE PERSON BY LEAVING ON VEHICLE

Road Traffic (Administration) Act 2008 section 79 and Part 5 Division 2

 

To the responsible person for this vehicle:

 

Notice no.:

 

 

 

Vehicle no.:

 

 

PART AOFFENCE DETAILS

It is alleged that the following offence in relation to the specified vehicle occurred and that you were a responsible person for the vehicle.

Offence date:

..................................................................

Offence time:

Offence:

[Description of offence]

 

 


 

Location:

under section/regulation [delete inapplicable]

of the ................................................................................................................... Act/Regulations

[Specify the provision of the road law and the name of the road law under which offence committed]

 

Nearest intersecting road/street:

 

Issuing officer:

.........................................................

Rank / No.:

Demerit points:

.........................................................
[
only for offences involving the driving or use of a motor vehicle]

 

PART BIMPORTANT INFORMATION

1.

As the responsible person you will be presumed to have committed the offence alleged in Part A unless within [specify period] the modified penalty specified below is paid or you inform [specify officer] that you were NOT the driver or person in charge of the vehicle at the time of the alleged offence and give the officer the information required by Part D. This presumption applies even if the responsible person is not an individual.

2.

If you were NOT the driver or person in charge of the vehicle at the time of the offence alleged in Part A, inform [specify officer] by filling in Part D.

3

If you do not wish to be prosecuted for the alleged offence in a court, you may pay to [specify officer] the modified penalty specified below on or before the due date specified below.

4.

You may elect to have the offence alleged in Part A heard in the Magistrates Court by filling in Part F.

 

MODIFIED PENALTY:

 

DUE DATE:

 

 

PART CPAYMENT DETAILS

 

Infringement no.:

 

 

Complete this authorisation for credit card payments

 

 

Due date:

 

 

Please debit my

 

Visa

 

Mastercard

 

 

 

 

Amount due:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cardholder name

 

Card expiry

 

 

Signature

 

Date

 

 

 

PAYMENT will only be accepted if —

the payment is received on or before .............................. (no extensions will be given); and

the payment is made in full (part payments will not be accepted); and

the payment is made to [insert details].

Cheques and money orders must be made payable to [insert details].

PART DINFORMATION TO BE PROVIDED

If you know who was driving or in charge of the vehicle at the time of the alleged offence, fill in Divisions 1 and 3.

If the vehicle had been stolen or unlawfully taken or used, fill in Divisions 2 and 3.

Division 1Driver or person in charge known

q Driver or q Person in charge of vehicle

Surname:

 

Given names:

 

No. and street:

 

Suburb:

 

Postcode:

 

Phone no.:

 

Driver’s licence no.:

 

State:

 

 

Division 2Vehicle stolen or unlawfully taken or used

q Stolen or unlawfully taken or used

Reported to police:

Yes / NoReport Number:

 

 

Division 3Signature and details

 

Surname:

 

Given names:

 

No. and street:

 

Suburb:

 

Postcode:

 

Phone no.:

 

Position:

 

Signature:

 

Date:

 

 

PART EYOUR OPTIONS — FURTHER DETAILS

IMPORTANT INFORMATION:

If, on or before .............................., (1) you have not paid the modified penalty or (2) you have not informed [specify officer] that you were not the driver or person in charge of the vehicle at the time of the alleged offence and supplied the information required for Part D or (3) you have not elected to have the alleged offence determined in court, you will be presumed to be the driver or person in charge of the vehicle at the time of the alleged offence and this infringement notice will, unless the notice is withdrawn on the basis of information provided by you in Part F, be registered at the Fines Enforcement Registry. You will incur further costs and some or all of the following action may be taken — your driver’s licence may be suspended; your vehicle licence may be suspended or cancelled; your details may be published on a website; your vehicle may be immobilised or have its number plates removed; and your property may be seized and sold. If any information provided by you in Part F does not lead to the withdrawal of this notice, you will be notified by mail.

 

PART FELECTING TO GO TO COURT

I elect to have the offence alleged in Part A heard and determined in court. I understand that I will receive a summons in due course.

Signature:

 

Date:

 

If the address for that summons differs from that printed on the front page of this notice enter the new address below.

Address:

 

Suburb:

 

Postcode:

 

 

Mail this completed form to [insert details].

Form 4

INFRINGEMENT NOTICE TO BE SERVED ON RESPONSIBLE PERSON IF IDENTITY OF ALLEGED OFFENDER NOT KNOWN

Road Traffic (Administration) Act 2008 section 79 and Part 5 Division 3

 

To:

Address:

 

Notice no.:

 

 

Issued under
[
delete inapplicable section]

s. 91/ s. 93

 

 

Vehicle no.:

 

 

PART AOFFENCE DETAILS

It is alleged that the following offence in relation to the specified vehicle occurred and that you were a responsible person for the vehicle.

Offence date:

................................................................

Offence time:

Offence:

[Description of offence]

 

 


 

Location:

under section/regulation [delete inapplicable]

of the ................................................................................................................... Act/Regulations

[Specify the provision of the road law and the name of the road law under which offence committed]

 

Nearest intersecting road/street:

 

 

 

 

 

Issuing officer:

..........................................................

Rank / No.:

Demerit points:

.........................................................
[
only for offences involving the driving or use of a motor vehicle]

Photographic evidence enclosed:

Yes / No

 

 

 

[Photographs of vehicle]

 

PART BIMPORTANT INFORMATION

1.

As the responsible person you will be presumed to have committed the offence alleged in Part A unless within [specify period] the modified penalty specified below is paid or you inform [specify officer] that you were NOT the driver or person in charge of the vehicle at the time of the alleged offence and give the officer the information required by Part D.

2.

If you were NOT the driver or person in charge of the vehicle at the time of the offence alleged in Part A, inform [specify the officer] by filling in Part D.

3.

If you do not wish to be prosecuted for the alleged offence in a court, you may pay to [specify officer] the modified penalty specified below on or before the due date specified below.

4.

You may elect to have the offence alleged in Part B heard in the Magistrates Court by filling in Part F.

 

MODIFIED PENALTY:

 

DUE DATE:

 

 

PART CPAYMENT DETAILS

 

Infringement no.:

 

 

Complete this authorisation for credit card payments

 

 

Due date:

 

 

Please debit my

 

Visa

 

Mastercard

 

 

 

 

Amount due:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cardholder name

 

Card expiry

 

 

Signature

 

Date

 

 

 

PAYMENT will only be accepted if —

the payment is received on or before .............................. (no extensions will be given); and

the payment is made in full (part payments will not be accepted); and

the payment is made to [insert details].

Cheques and money orders must be made payable to [insert details].

PART DINFORMATION TO BE PROVIDED

If you know who was driving or in charge of the vehicle at the time of the alleged offence, fill in Divisions 1 and 3.

If the vehicle had been stolen or unlawfully taken or used, fill in Divisions 2 and 3.

If you do not know who was driving at the time, you may make a statutory declaration to that effect as described in Division 4.

 

Division 1Driver or person in charge known

q Driver or q Person in charge of vehicle

Surname:

 

Given names:

 

No. and street:

 

Suburb:

 

Postcode:

 

Phone no.:

 

Driver’s licence no.:

 

State:

 

 

Division 2Vehicle stolen or unlawfully taken or used

q Stolen or unlawfully taken or used

Reported to police

Yes / NoReport Number:

 

 

Division 3Signature and details

 

Surname:

 

Given names:

 

No. and street:

 

Suburb:

 

Postcode:

 

Phone no.:

 

Position:

 

Signature:

 

Date:

 

 

 

 

 

Division 4Driver or person in charge not known

 

If you do not know and cannot reasonably ascertain the name and address of the driver or person in charge of the vehicle at the time of the alleged offence you may give a statutory declaration to that effect. The statutory declaration must be returned with this form.

A statutory declaration must be made in accordance with the Oaths, Affidavits and Statutory Declarations Act 2005.
It must be signed before an authorised witness. An example statutory declaration is available at
[www.Police website].

Making a false statutory declaration is an offence for which you may be imprisoned for 5 years.

 

PART EYOUR OPTIONS — FURTHER DETAILS

IMPORTANT INFORMATION:

If, on or before .............................., (1) you have not paid the modified penalty or (2) you have not informed [specify officer] that you were not the driver or person in charge of the vehicle at the time of the alleged offence and supplied the information required for Part D or (3) you have not elected to have the alleged offence determined in court, you will be presumed to be the driver or person in charge of the vehicle at the time of the alleged offences and this infringement notice will, unless the notice is withdrawn on the basis of information provided by you in Part F, be registered at the Fines Enforcement Registry. You will incur further costs and some or all of the following action may be taken — your driver’s licence may be suspended; your vehicle licence may be suspended or cancelled; your details may be published on a website; your vehicle may be immobilised or have its number plates removed; and your property may be seized and sold. If any information provided by you in Part F does not lead to the withdrawal of this notice, you will be notified by mail.

 

PART FELECTING TO GO TO COURT

I elect to have the offence alleged in Part A heard and determined in court. I understand that I will receive a summons in due course.

Signature:

 

Date:

 

If the address for that summons differs from that printed on the front page of this notice enter the new address below.

Address:

 

Suburb:

 

Postcode:

 

 

Unless delivering this form with a statutory declaration personally to the officer in charge of the police station, mail or personally deliver this completed form to [insert details].

Form 5

REQUEST TO RESPONSIBLE PERSON FOR INFORMATION ABOUT ALLEGED OFFENDER

Road Traffic (Administration) Act 2008 section 79 and Part 5 Division 4

 

[Name and address of responsible person]

Notice no:.

 

Issued under:
[
delete inapplicable section]

s. 98 / s. 99

Vehicle no.:

 

Date of issue:

 

Compliance date:

 

REQUEST FOR INFORMATION

Under the Road Traffic (Administration) Act 2008 you are a responsible person for the vehicle referred to above.

It is alleged that the offence described in Part A was committed involving that vehicle. As a responsible person you are required to give to [specify officer] the name and address of the driver or person in charge of the vehicle at the time of the alleged offence.

To do this fill in Part B and return this form by the compliance date.

Failing to provide the information as requested is an offence. There is more information about this in this form.

Issuing officer:

 

No.:

 

 

 

 

 

PART ADETAILS OF OFFENCE

Date and time:

............/............./...........Hours: .....................................................................

Offence:


[
Description of offence]
under section/regulation [
delete inapplicable]

of the ................................................................................................................. Act/Regulations
[
Specify the provision of the road law and the name of the road law under which offence committed]

Location:


Nearest intersecting road/street:

These images identify the vehicle involved in the alleged offence and may assist you to identify the driver.

 

[Photographs of vehicle]

 

 

PART BINFORMATION TO BE PROVIDED

If you know who was driving or in charge of the vehicle at the time of the alleged offence, fill in Divisions 1 and 3.

If the vehicle had been stolen or unlawfully taken or used, fill in Divisions 2 and 3.

If you do not know who was driving at the time, you may make a statutory declaration to that effect as described in Division 3.

 

Division 1Driver or person in charge known

q Driver or q Person in charge of vehicle

Surname:

 

Given names:

 

No. and street:

 

Suburb:

 

Postcode:

 

Phone no.:

 

Driver’s licence no.:

 

State:

 

 

Division 2Vehicle stolen or unlawfully taken or used

q Stolen or unlawfully taken or used

Reported to police:

Yes / NoReport number:

 

 

Division 3Signature and details

 

Surname:

 

Given names:

 

No. and street:

 

Suburb:

 

Postcode:

 

Phone no.:

 

Position:

 

Signature:

 

Date:

 

 

 

 

 

Division 4Driver or person in charge not known

 

If you do not know and cannot reasonably ascertain the name and address of the driver or person in charge of the vehicle at the time of the alleged offence you may give a statutory declaration to that effect. The statutory declaration must accompany this form and be posted or personally delivered to [specify officer] or delivered personally to the officer in charge of a police station.

A statutory declaration must be made in accordance with the Oaths, Affidavits and Statutory Declarations Act 2005.
It must be signed before an authorised witness. An example statutory declaration is available at
[www. Police website].

Making a false statutory declaration is an offence for which you may be imprisoned for 5 years.

 

IF YOU HAVE FILLED IN PART B, DO NOT FILL IN PART C OR D

 

FAILING TO PROVIDE REQUESTED INFORMATION IS AN OFFENCE

If you do not complete Part B and return this form by the compliance date set out on the front of this form you commit an offence — called the “failing to comply offence”.

This notice then has effect as an infringement notice about the failing to comply offence.

Infringement no.

 

If you do not want to be prosecuted for the failing to comply offence, you can pay the modified penalty. To do this you must pay the modified penalty by the payment date. The options for how to pay are set out in Part D.

Modified penalty

 

Payment date

 

If you do not do pay the modified penalty you may be prosecuted for committing the failing to comply offence.

The maximum fine for the failing to comply offence is double the maximum fine that could be imposed by a court for the vehicle offence described in Part A. You may also be ordered to pay costs.

If you want the offence dealt with by a court, fill in Part C and return this form by the payment date.

 

PART CFAILING TO COMPLY OFFENCE – ELECTION TO GO TO COURT

I elect to have the failing to comply offence described above dealt with by a court.

Surname:

 

Given names:

 

 

 

 

 

No. and street:

 

Suburb:

 

Postcode:

 

 

 

 

 

Phone no.:

 

Position:

 

Signature:

 

Date:

 

 

 

 

 

PART DFAILING TO COMPLY OFFENCE – PAYMENT OPTIONS

 

Infringement no.:

 

 

Complete this authorisation for credit card payments

 

 

Due date:

 

 

Please debit my

 

Visa

 

Mastercard

 

 

 

 

Amount due:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cardholder name

 

Card expiry

 

 

Signature

 

Date