Western Australian Consolidated Regulations

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PERTH MARKET BY-LAWS 1990 - REG 42A

42A .         Licensing of forklift drivers

        (1)         The Authority may issue a licence to a person to drive and operate a registered forklift in the public market if the Authority is of the opinion that the person is competent to drive and operate a forklift in the public market.

        (2)         The Authority shall —

            (a)         maintain a record of licences issued under sub-bylaw (1); and

            (b)         issue licensed forklift drivers with a forklift driver’s identification badge.

        (3)         If the holder of a forklift drivers’ licence —

            (a)         has been —

                  (i)         convicted of an offence against by-law 42B; or

                  (ii)         given 2 or more infringement notices under section 13B of the Act, in respect of offences against by-law 42B within a 12 month period, none of which have been withdrawn;

            (b)         has been given notice by the Authority that the Authority proposes to suspend the licence for the period of time, not exceeding 3 months, specified in the notice if the holder does not show cause to the Authority why the licence should not be suspended within the time specified in the notice, being at least 14 days after the notice is given; and

            (c)         does not show cause to the Authority why the licence should not be suspended within the time specified in the notice,

                then the Authority may suspend the licence by giving to the holder of the licence a suspension of licence notice specifying the period of time for which the licence is suspended.

        (5)         A forklift drivers’ licence is of no effect while it is suspended.

        (6)         The period of time for which a licence is suspended is not to exceed the time proposed by the notice given under sub-bylaw (3)(b).

        (7)         A person whose forklift drivers’ licence is suspended is to return the forklift driver’s identification badge issued under sub-bylaw (2)(b) to the Authority within 7 days of being given the suspension of licence notice.

        [By-law 42A inserted in Gazette 21 Sep 2004 p. 4104.]



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