Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A person who
is travelling upon a road as a passenger in a passenger car derivative or
goods vehicle shall not travel in or on the back of that vehicle.
Modified penalty: 10 PU
(2) It is a defence in
proceedings for an offence against subregulation (1) for the passenger to
prove that —
(a) at
the relevant time the driver was an officer of a detention centre (as defined
in section 3 of the Young Offenders Act 1994 ) or an officer of a
prison, and the passenger was lawfully detained;
(b) at
the relevant time, the passenger was undergoing or giving bona fide medical
treatment; or
(c) at
the relevant time —
(i)
the passenger was engaged in work that required the
passenger to alight from and re-enter the vehicle at frequent intervals; and
(ii)
the vehicle was being driven at a speed not exceeding
25 km/h.
(3) On or before
31 December 2005, the passenger does not commit an offence under
subregulation (1) if —
(a) the
passenger is in a part of the passenger car derivative, or goods vehicle, that
is enclosed;
(b) all
seating positions in that vehicle are occupied by other passengers;
(c) the
doors and hatches used to enter that part of the vehicle are closed; and
(d) any
goods carried in that part of the vehicle are securely stowed.
(4) In
subregulation (3) —
enclosed means enclosed —
(a) at
the time of manufacture; or
(b) by a
“roll over protection device” to which is affixed an
identification plate, approved by the Director General, indicating that the
device is constructed and fitted in an approved manner.
[Regulation 239 amended in Gazette
22 Dec 2006 p. 5821; 5 Apr 2007 p. 1558.]