Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) The Director
General must decide an application under regulation 42 as soon as
practicable after receiving the application.
(2) A departmental
exemption may exempt a vehicle from a provision of these regulations or the
Vehicle Standards only if —
(a)
complying with the provision would prevent the vehicle from operating in the
way in which, or for the purpose for which, the vehicle was built or modified,
and non-compliance with the provision would not be likely to have an adverse
effect on the safety of the vehicle or of road-users;
(b) the
vehicle is an experimental vehicle, a prototype, or another vehicle, that
could not reasonably be expected to comply with the provision;
(c) the
vehicle —
(i)
was registered, or otherwise authorised, to be driven or
towed on a road by the Director General (or an authority of another State or a
Territory whose functions correspond to those of the Director General) before
the commencement of the provision; and
(ii)
was not required to comply with a similar provision
before that commencement;
(d) the
vehicle has been constructed, equipped or adapted so as to enable it to be
driven by a person with a physical disability who cannot safely drive a
vehicle that has not been so constructed, equipped or adapted; or
(e) it
would be unreasonable to require the vehicle to comply with the provision.
(3) A departmental
exemption may exempt all vehicles for which a person is responsible from a
provision of these regulations or the Vehicle Standards if it would be
unreasonable to require the vehicle to comply with the provision.
(4) A departmental
exemption may exempt a combination from a provision of the these regulations
or the Vehicle Standards only if —
(a)
complying with the provision would prevent the combination from operating for
the purpose for which the combination is, or is proposed to be, used;
(b) the
combination is an experimental combination, or prototype, or another
combination, that could not reasonably be expected to comply with the
provision; or
(c) it
would be unreasonable to require the combination to comply with the provision.
(5) A departmental
exemption may exempt, under subregulation (4), all combinations in the
charge of a particular person from a provision of these regulations or the
Vehicle Standards if it would be unreasonable to expect all the combinations
to comply with the provision.
(6) The Director
General may amend a departmental exemption only if —
(a)
since the exemption was given, a change has happened in relation to something
the Director General considered in deciding to give the exemption; and
(b) the
exemption would have been given as it is proposed to be amended if the change
had happened before the exemption was given.
(7) The Director
General may revoke a departmental exemption only if the applicant has a
sufficient interest in seeking the revocation.
(8) In deciding
whether to grant or amend a departmental exemption, the Director General must
take into account the likelihood and significance of any adverse effect on
safety or the environment if the exemption were given or amended.
(9) In deciding
whether to grant a departmental exemption on the basis that it would be
unreasonable for the vehicle or combination to comply with the provision, the
Director General must take into account —
(a) the
use or proposed use of the vehicle or combination;
(b) the
nature of the exemption;
(c)
whether or not the vehicle or combination can be operated safely despite not
complying with the provision; and
(d) the
public interest in the vehicle or combination not complying with the
provision.
[Regulation 43 amended in Gazette
3 Jan 2003 p. 6-7; 13 Dec 2005 p. 5989-90;
23 Dec 2005 p. 6282.]