Transport Operations and Other Legislation Amendment Regulation (No. 1) 2017

1Short title

This regulation may be cited as the Transport Operations and Other Legislation Amendment Regulation (No. 1) 2017.

2Commencement

Section 4(1) and part 5 commence on 31 March 2017.

3Regulation amended

This part amends the State Penalties Enforcement Regulation 2014.

4Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

(1)Schedule 1, entry for the Transport Operations (Road Use Management) Act 1995—
insert—

s 19I(2)

31/5

(2)Schedule 1, entry for the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015—
insert—

s 138A(1)

2

5Regulation amended

This part amends the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015.

6Insertion of new s 138A

Part 7—
insert—

138AMotor vehicle used to provide public passenger service must not have passenger accessible controls

(1)The driver of a motor vehicle fitted with passenger accessible controls must not use the vehicle to provide a public passenger service.

Maximum penalty—20 penalty units.

(2)In this section—

passenger accessible controls, for a motor vehicle, means accelerator, clutch or footbrake controls accessible for immediate use by a person other than the driver of the vehicle.

public passenger service see the Transport Operations (Passenger Transport) Act 1994, schedule 3.

7Regulation amended

This part amends the Transport Operations (Road Use Management—Road Rules) Regulation 2009.

8Amendment of s 104 (No trucks signs)

(1)Section 104(1) to (3), ‘drive past’—
omit, insert—

contravene

(2)Section 104(4)(b)(ii), ‘driving past another no trucks sign’—
omit, insert—

contravening another no trucks sign in a way mentioned in subsection (1), (2) or (3)

(3)Section 104—
insert—

(4A)For subsections (1) to (4), a driver contravenes a no truck sign by—

(a)if the sign applies to 1 or more, but not all, marked lanes on a road—driving in a marked lane while the sign applies to the lane; or

(b)otherwise—driving past the sign.

(4)Section 104(4A) to (6)—
renumber as section 104(5) to (7).

9Regulation amended

This part amends the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010.

10Amendment of s 13 (Application for registration)

Section 13(1), note—
omit, insert—

Notes—

1See sections 19J and 19L of the Act, for the requirement for an application to be accompanied by a statutory declaration in particular circumstances.

2See part 10, division 3A, subdivision 2 for requirements about the application.

11Amendment of s 51 (Refusing to record transfer of registration)

Section 51(3)—
insert—

Note—

See section 19M of the Act, which prohibits recording the transfer of registration in particular circumstances.