Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) The mass of a
vehicle and any load or the mass supported on any part of a vehicle may be
ascertained —
(a) by
weighing the vehicle or part of the vehicle on a registered public weighbridge
or any weighbridge that has been verified under the provisions of the
Weights and Measures Act 1915 ; or
(b) by
use of one or more loadmeters.
(2) If one or more
loadmeters are used to ascertain the mass of a vehicle and any load, then for
the purpose of determining whether or not the vehicle and load comply with
these regulations, the mass of the vehicle and load is taken to be the mass
ascertained by aggregating the relevant readings of the loadmeter or
loadmeters.
(3) If a loadmeter is
used to ascertain the mass supported on a particular part of a vehicle, then
for the purpose of determining whether or not the vehicle and any load carried
by it comply with these regulations, the mass supported on the part is taken
to be the mass as ascertained less 2%.
(4) If the mass of a
vehicle and any load, or the mass supported on any part of a vehicle cannot
be, or cannot conveniently be, ascertained under subregulation (1) to
(3) —
(a) if
the load comprises only equipment, the mass of the equipment, ascertained by
reference to the manufacturer’s specification (if any) relating to the
equipment, is taken to be the mass of the load;
(b) the
unloaded mass of the vehicle ascertained by reference to the
manufacturer’s specification (if any) relating to the vehicle, is taken
to be the mass of the vehicle; and
(c) the
aggregate of the masses ascertained under paragraphs (a) and (b),
together with the mass of 10 L of fuel, is taken to be the mass of the
vehicle and its load.
(5) For the purposes
of subregulation (4), any printed matter purporting to be a
manufacturer’s specification is, in the absence of evidence to the
contrary, taken to be the manufacturer’s specification.
(6) The driver or
person in charge of a motor vehicle must comply with any reasonable direction,
given by a police officer, for the purpose of ascertaining any mass mentioned
in this regulation.
Maximum penalty: 72 PU.
Minimum penalty: 12 PU.
Modified penalty: 12 PU.
(7) If the driver or
person in charge of a motor vehicle fails to comply with a direction of a
police officer to drive that vehicle for the purposes of enabling a mass to be
ascertained, a police officer may drive that vehicle for that purpose and any
ancillary purpose.
(8) If a loadmeter is
used to ascertain the mass of a vehicle and its load, this section does not
prevent a person charged with an offence related to the mass of the vehicle
and load as calculated in accordance from adducing evidence of the actual mass
of the vehicle and load at the material time.