Western Australian Consolidated Regulations Western Australian Consolidated Regulations In these regulations,
unless the contrary intention appears —
assessor , in relation to a vehicle,
means —
(a) the
insurer (if any) of the vehicle; or
(b) an
insurer, dealer or wrecker who has possession or control of the vehicle and
who is in a position to assess whether the vehicle is a write-off;
Australian Design Rules means the Australian
Design Rules for Motor Vehicles and Trailers , 3 rd edition, published by the
Federal Office of Road Safety of the Commonwealth Department of Transport and
Regional Development;
compliance period , in relation to a notifiable
vehicle, has the meaning given in regulation 9(3);
corresponding administrator means a person who is
responsible for the day-to-day administration of a corresponding law;
corresponding law means a law of another State or
a Territory that corresponds to these regulations;
corresponding WOVR means a register (however
described), that is established and maintained under a corresponding law;
damaged vehicle means a vehicle that does not
comply with the Vehicle Standards as a result of being damaged;
dealer means a person —
(a) who
carries on any class or description of business that is prescribed in
regulation 8 of the Motor Vehicle Dealers (Licensing)
Regulations 1974 ;
(b) who
carries on the business of hiring vehicles, where the right to purchase the
vehicle is not included in that hiring; or
(c)
whose ordinary business is not that of buying or selling vehicles but who
carries on or acts in that business only for one or more of the following
purposes —
(i)
for the purpose of the hiring, under a hire-purchase
agreement, of the vehicle bought or sold;
(ii)
for the purpose of effectuating a security over the
vehicle bought or sold;
(iii)
for the purpose of the hiring, where the right to
purchase the vehicle is not included in that hiring, of the vehicle bought or
sold; or
(iv)
for the purpose of disposing of a vehicle acquired by the
person in connection with a purpose referred to in subparagraph (i), (ii)
or (iii);
hire purchase agreement has the meaning given to
that term in the Hire-Purchase Act 1959 except that it includes an
agreement that would, but for paragraph (e) of the definition of that
term in section 2(1) of that Act, be a hire-purchase agreement under that
Act;
identifier means —
(a) in
relation to a vehicle manufactured before 1 July 1988 —
(i)
if the vehicle has an individual chassis identification
number or an engine identification number in accordance with
regulation 52 of the Vehicles Standards — that number; or
(ii)
if there is no such number — any number
legibly and durably stamped on the vehicle by the vehicle’s
manufacturer;
(b) in
relation to a vehicle manufactured after 30 June 1988 —
(i)
if the vehicle has a vehicle identification number
allocated in accordance with a national standard incorporated in the
Australian Design Rules — that number; or
(ii)
in any other case — any number legibly and
durably stamped on the vehicle by the vehicle’s manufacturer to identify
the vehicle;
(c) if
the Director General has, under a written law, allotted a number to replace a
number mentioned in paragraph (a) or (b) — the
replacement number; or
(d) if a
number referred to in paragraph (a), (b) or (c) has been replaced under a
corresponding law of the Commonwealth, another State or a
Territory — the replacement number;
insurer , in relation to a vehicle,
means —
(a) a
person who insures the vehicle in the course of carrying on a business of
insurance; or
(b) if
the vehicle is owned by a corporation and is not insured — the
corporation;
MRC (which stands for “mass rating for
charging”) has the same meaning as it has in the Road Traffic
(Licensing) Regulations 1975 ;
notifiable , in relation to a vehicle, means
notifiable under regulation 6;
number includes letter;
number plate means a number plate, identification
tablet, special plate or name plate within the meaning of the
Road Traffic (Licensing) Regulations 1975 ;
repair , in relation to a vehicle, means to repair
the vehicle as much as is necessary for the vehicle to comply with the Vehicle
Standards;
repairable write-off , in relation to a vehicle,
has the meaning given in regulation 8;
statutory write-off has the meaning given in
regulation 7;
total loss , in relation to a vehicle, has the
meaning given in regulation 4;
Vehicle Standards means the Road Traffic (Vehicle
Standards) Rules 2002 ;
WOVR stands for the Written-Off Vehicle Register
established and maintained under regulation 13;
wrecker means a person who carries on the business
of —
(a)
destroying or dismantling vehicles, parts of vehicles, or vehicle accessories;
or
(b)
buying and selling vehicles (including substantially destroyed or dismantled
vehicles), parts of vehicles, or vehicle accessories;
written-off , in relation to a vehicle, has the
meaning given in regulation 5;
written-off vehicle notice means a notice under
regulation 10;
written-off warning label means a label to be
attached to a statutory write-off under regulation 9(1)(b) and in
accordance with regulation 11.
[Regulation 2 amended in Gazette
16 Sep 2005 p. 4324-5.]