Western Australian Consolidated Acts

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ROAD TRAFFIC ACT 1974 - SECT 26

26 .         Permits etc. for unlicensed vehicles

        (1)         The Director General may, on payment of the prescribed fee, grant to a person a permit authorising, subject to such conditions as the Director General may impose, the driving of an unlicensed vehicle or the towing of an unlicensed vehicle —

            (a)         to or from any place at which the Director General grants vehicle licences or examines vehicles in connection with the granting of vehicle licences or to or from any place at which the vehicle is to be or has been repaired; or

            (b)         for such other purposes as may be prescribed or approved by the Director General.

        (2)         The Director General may, on payment of the prescribed fee, assign and issue to a person of a prescribed class number plates which may be used, subject to such conditions as may be prescribed, on any unlicensed motor vehicle.

        (2a)         Without limiting any power conferred upon him to make regulations under this Act, the Governor may make regulations prescribing —

            (a)         a fee to be paid from time to time for the use and possession of number plates issued under subsection (2);

            (b)         a deposit to be paid on the issue of, and in respect of, such number plates, and the circumstances in which that deposit shall be forfeited or refunded; and

            (c)         as a condition referred to in subsection (2) and subsection (3)(b), the use of an unlicensed motor vehicle in such circumstances or for such purposes as the Director General may, in any particular case, approve.

        (3)         Where an unlicensed motor vehicle is used on a road —

            (a)         under the authority of a permit granted under subsection (1) and in accordance with such conditions, if any, as may have been imposed at the time of the grant of the permit; or

            (b)         with number plates issued pursuant to subsection (2) and in accordance with such conditions as may be prescribed relating to the use of those plates and of vehicles to which they may be attached,

                the use of the vehicle shall be lawful notwithstanding any provision of section 15 to the contrary.

        (4)         Where an unlicensed motor vehicle for which a permit has been granted under subsection (1) is driven or towed otherwise than in accordance with any condition imposed under that subsection, the Director General may cancel the permit by notice in writing under subsection (5).

        (5)         A notice in writing referred to in subsection (4) —

            (a)         shall be signed by a person authorised so to do by the Director General;

            (b)         shall be served on the person to whom the permit was granted; and

            (c)         shall come into operation when it is so served or at such later time (if any) as is specified in the notice.

        [Section 26 amended by No. 71 of 1979 s. 4; No. 81 of 1980 s. 4; No. 105 of 1981 s. 10 and 19; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 23(1) and (2).]

        [Section 26. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.]



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