Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) This regulation
applies in relation to a vehicle if it —
(a) does
not comply with a particular provision of this Part or the Vehicle Standards;
and
(b) is
not exempt from compliance with the provision under another provision of these
regulations or the Vehicle Standards.
(2) Despite the
vehicle’s failure to comply with the provision, a person is not guilty
of an offence under this Part in relation to driving the vehicle on a road if
the vehicle —
(a) is
being driven in accordance with a compliance notice issued in respect of its
failure to comply with that provision;
(b)
cannot be moved, but arrangements for it to be removed from the road are made
as soon as practicable;
(c) is
being or has been, as far as practicable, removed from the carriageway for the
purpose of repairing it or arranging for it to be removed from the road, and
the vehicle is repaired or removed from the road as soon as practicable;
(d) is
being driven directly to a place where it is to be repaired, and driving it on
the road is unlikely to endanger any person or property; or
(e) is
being tested for the purpose of repairing it, and driving it on the road is
unlikely to endanger any person or property.
(3)
Subsection (2) does not prevent a person —
(a) from
examining the vehicle or giving a direction in relation to the vehicle under
regulation 62;
(b) from
issuing a compliance notice for the vehicle in respect of its failure to
comply with the provision referred to in this subregulation, if the person
considers it necessary to give further directions in respect of the vehicle in
the interests of the safety of persons or property; or
(c) from
issuing a compliance notice for the vehicle in respect of a failure to comply
with any other provision of these regulations or the Vehicle Standards.
[Regulation 10A inserted in Gazette
3 Jan 2003 p. 5-6.]