Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In proceedings for
a failure to comply with Schedule 1 clause 12 (relating to loading a
vehicle), it is sufficient for the prosecution to prove that the load on the
vehicle was not placed, secured or restrained (as the case requires) in a way
that met the performance standards recommended in the
“Load Restraint Guide –
Second Edition” —
(a)
published by the National Transport Commission in April 2004; and
(b)
available from the Department and on the National Transport Commission’s
internet website.
(1a) In proceedings
for a failure to comply with Schedule 1 clause 12 (relating to
loading a vehicle) before the Road Traffic (Vehicle Standards) Amendment
Regulations (No. 2) 2005 come into operation 1 , it is
sufficient for the prosecution to prove that the load on the vehicle was not
placed, secured or restrained (as the case requires) in a way that met the
performance standards recommended in the “Load Restraint Guide”
published by the Australian Government Publishing Service on
12 December 1994.
(2) In proceedings for
a failure to comply with Schedule 1 clause 12 a document purporting
to be —
(a) the
“Load Restraint Guide – Second Edition” referred to in
subregulation (1) is, in the absence of any evidence to the contrary, to
be taken to be the “Load Restraint Guide – Second Edition”;
and
(b) the
“Load Restraint Guide” referred to in subregulation (1a) is,
in the absence of any evidence to the contrary, to be taken to be the
“Load Restraint Guide”.
(3) If the prosecution
in proceedings for a failure to comply with Schedule 1 clause 12(2)
(relating to securing a load on a vehicle) proves that the load, or part of
the load, had fallen off the vehicle, the burden of proof is on the defendant
to show compliance.
(4) In this
regulation —
“National Transport Commission” means
the body corporate established by section 5 of the National Transport
Commission Act 2003 of the Commonwealth.
[Regulation 15 amended in Gazette
27 May 2005 p. 2313-14.]