Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
Australian driver licence means —
(a) a
driver’s licence under this Act; or
(b) a
licence or other authorisation granted to a person under the law of another
jurisdiction authorising the person to drive a motor vehicle on a road other
than solely for the purpose of learning to drive it;
Australian driver licensing authority means a
person or body having the authority to grant an Australian driver licence;
Director General means the chief executive officer
of the department of the Public Service principally assisting in the
administration of the licensing provisions of this Act;
district means a district under the
Local Government Act 1995 ;
drive includes —
(a) in
relation to a vehicle, to have control over the steering, movement or
propulsion of the vehicle;
(b) in
relation to an animal, to be in control of the animal,
regardless of whether the vehicle or animal is
usually referred to as being ridden rather than driven;
driver means any person driving a vehicle or
animal;
driver’s licence means a licence under this
Act authorising the holder to drive a motor vehicle on a road, but does not
include a learner’s permit;
external licensing authority means an authority
of —
(a) an
external Territory, as defined in the Acts Interpretation Act 1901 of the
Commonwealth; or
(b)
another country,
by which any licence or authorisation to drive a
motor vehicle is granted;
extraordinary licence means a driver’s
licence that the Director General grants as ordered under section 76;
Government road means a road declared by Order in
Council under the Public Works Act 1902 to be a Government road or a
highway or main road to which section 13(4) of the Main Roads
Act 1930 applies;
jurisdiction means —
(a) a
State; or
(b) an
internal Territory, as defined in the Acts Interpretation Act 1901 of the
Commonwealth;
learner’s permit means a learner’s
permit under Part IVA Division 3;
licence means a licence granted under this Act;
licensing provisions of this Act
means —
(a)
Parts III, IV and IVA, section 76, section 82, section 113;
(b)
regulations made for the purposes of the provisions mentioned in
paragraph (a);
(c)
regulations made under section 111(2)(d) to (g), (i), (l) and (m), (2a)
and (2b); and
(d)
regulations made under section 111(2)(j), (k) and (n), (3), (4) and (5)
for the purposes of the regulations referred to in paragraph (c);
mechanical power includes any motive power not
being animal power;
motor vehicle —
(a) in
relation to authorisation to drive, means a vehicle that is built to be
propelled by a motor that forms part of the vehicle;
(b)
otherwise, means a self-propelled vehicle that is not operated on rails, and
includes a trailer, semi-trailer or caravan while attached to the vehicle, but
does not include a power assisted pedal cycle;
number plate means an identification tablet or
number plate issued under the regulations bearing numerals, or letters, or
numerals and letters;
omnibus means a passenger vehicle equipped to
carry more than 8 adult persons and used to carry passengers for separate
fares;
owner , in relation to a vehicle,
means —
(a) the
person who is entitled to the immediate possession of the vehicle; or
(b) if
there are several persons entitled to its immediate possession, the person
whose entitlement is paramount,
but if one of 2 or more persons fitting that
description has been nominated for the purposes of section 5(4), it means only
the person nominated;
passenger vehicle means —
(a) a
taxi within the meaning of the Taxi Act 1994 and any vehicle that is
licensed to stand or ply for the carriage of passengers for reward, including
an omnibus; or
(b) a
motor vehicle that is fitted with seats for 13 or more persons, including the
driver of the vehicle, and is being used to carry 13 or more persons,
including the driver;
permit means permit granted under this Act;
power assisted pedal cycle means a vehicle
designed to be propelled through a mechanism operated solely by human power,
to which is attached one or more auxiliary propulsion motors having a combined
maximum output not exceeding 200 watts;
provisional licence means an Australian driver
licence that specifies that it is a provisional licence for the purposes of
this Act or the law of another jurisdiction under which the licence is
granted;
recording fee means the fee payable under
section 19(1);
responsible person , for a vehicle, means a person
responsible for the vehicle under section 5A;
road means any highway, road or street open to, or
used by, the public and includes every carriageway, footway, reservation,
median strip and traffic island thereon;
stock includes horses, mares, fillies, foals,
geldings, colts, camels, bulls, bullocks, cows, heifers, steers, calves,
asses, mules, sheep, lambs, goats and swine;
traffic infringement notice has the meaning given
by section 102(1);
traffic regulation provisions of this Act means
the provisions of this Act other than the licensing provisions of this Act;
vehicle includes —
(a)
every conveyance, not being a train, vessel or aircraft, and every object
capable of being propelled or drawn, on wheels or tracks, by any means; and
(b)
where the context permits, an animal being driven or ridden;
vehicle licence charge means the charge payable
under section 19(3);
warden means a warden appointed under
section 7.
(1a) In provisions of
this Act dealing with penalties for offences —
(a)
these abbreviations are used:
"Disq" for minimum period of disqualification;
"Max" for maximum fine;
"Min" for minimum fine;
"PU" for penalty unit or penalty units;
and
(b) a
reference to a number of PU is a reference to an amount (in dollars) that is
that number multiplied by 50.
(2) For the purposes
of this Act a vehicle which is, in any manner, drawn or propelled on a road
shall be deemed to be used on a road.
[(3) deleted]
(4) Where a
vehicle is owned by more than one person and one of those persons is nominated
by all such persons, by notice in writing given to the Director General, the
nominated person shall for the purposes of this Act be deemed to be the owner
of the vehicle.
[Section 5 amended by No. 77 of 1975
s. 3; No. 89 of 1978 s. 3; No. 71 of 1979 s. 3;
No. 71 of 1981 s. 3; No. 105 of 1981 s. 3 and 19;
No. 102 of 1984 s. 16; No. 121 of 1987 s. 4; No. 11
of 1988 s. 4; No. 50 of 1991 s. 3; No. 13 of 1992
s. 4; No. 83 of 1994 s. 48; No. 21 of 1995 s. 4;
No. 14 of 1996 s. 4; No. 30 of 1996 s. 13; No. 76 of
1996 s. 4, 20(1) and (3); No. 50 of 1997 s. 4; No. 39 of 2000
s. 4; No. 28 of 2001 s. 4 and 23(2); No. 5 of 2002 s. 15;
No. 7 of 2002 s. 27; No. 74 of 2003 s. 105(2); No. 6 of 2004
s. 4; No. 10 of 2004 s. 4; No. 54 of 2006 s. 4; No. 4 of
2007 s. 5.]