Western Australian Consolidated Acts

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TRANSPORT CO-ORDINATION ACT 1966 - SECT 33

33 .         Application of Part

        (1)         Subject to this Division, the Minister may, on the application of the owner, grant a licence in respect of a commercial goods vehicle.

        (2)         A licence is not required under this Part in respect of any commercial goods vehicle that — 

            (a)         is operated solely in the area within 35 kilometres of the General Post Office, Perth;

            (b)         is operated solely within 35 kilometres of the place of business of the owner; or

            (c)         is being used otherwise than on a road.

        [(3)         deleted]

        (4)         A licence is not required for a commercial goods vehicle that is being used solely for any carriage specified in the First Schedule.

        (5)         The burden of proving that a commercial goods vehicle is exempted from the provisions of this Part under subsection (4), and that a licence in respect of that vehicle is not required thereunder lies upon the person claiming the exemption.

        (6)         Where in any proceedings for an offence against this Act the accused proposes to claim an exemption from the provisions of this Part under subsection (4) the accused shall, not later than 14 days before the date appointed for the hearing of the charge, give the Director General written details of the exemption claimed.

        [Section 33 amended by No. 94 of 1972 s. 4(1); No. 93 of 1979 s. 9; No. 30 of 1985 s. 8; No. 54 of 1985 s. 52; No. 84 of 2004 s. 80 and 82.]



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