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

1Short title

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

2Regulation amended

This part amends the State Penalties Enforcement Regulation 2014.

3Amendment of sch 1 (Infringement notice offences and fines for nominated laws)

Schedule 1, entry for Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010, entry for section 23(1)—
omit, insert—

s 23(1)	if the owner is not a dealer and the contravention is because of a failure to comply with paragraph (b) of the penalty only	3 5
s 23(1)	in any other circumstances

4Amendment of sch 2 (Dictionary)

Schedule 2—
insert—

dealer see the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010, schedule 4.

5Regulation amended

This part amends the Transport Operations (Marine Safety) Regulation 2016.

6Amendment of s 13 (Safety equipment for ship, other than a personal watercraft, operating in smooth waters)

Section 13, ‘watercraft’—
omit, insert—

watercraft or tender

7Amendment of s 14 (Safety equipment for ship, other than a personal watercraft, operating in partially smooth waters or beyond)

Section 14, ‘watercraft’—
omit, insert—

watercraft or tender

8Amendment of s 22 (What is the required lifejacket for a ship)

Section 22(d) and (e)—
omit.

9Regulation amended

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

10Insertion of new s 126A

After section 126—
insert—

126ATraffic control for special events

(1)Section 54 does not apply to the holder of a special event permit in relation to a person employed, or otherwise engaged, to perform the function of a traffic controller, if the person—

(a)has successfully completed the special event traffic control assessment approved and conducted by the chief executive; and

(b)is performing a function stated in the special event traffic control procedure made by the chief executive; and

(c)performs the function—

(i)in relation to the special event conducted under the special event permit; and

(ii)in accordance with the procedure stated in paragraph (b); and

(d)either—

(i)performs the function within 3 months of completing the assessment stated in paragraph (a); or

(ii)has, within the last 12 months, performed the function of a traffic controller in relation to another special event.

(2)Section 55 does not apply to a person performing the function of a traffic controller if the person—

(a)has successfully completed the special event traffic control assessment approved and conducted by the chief executive; and

(b)is performing a function stated in the special event traffic control procedure made by the chief executive; and

(c)performs the function—

(i)in relation to a special event conducted under a special event permit; and

(ii)in accordance with the procedure stated in paragraph (b); and

(d)either—

(i)performs the function within 3 months of completing the assessment stated in paragraph (a); or

(ii)has, within the last 12 months, performed the function of a traffic controller in relation to another special event.

11Regulation amended

This part amends the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010.

12Amendment of s 160 (Exemption from payment of particular fees)

(1)Section 160—
insert—

(3A)Also, a government entity of the State is exempt from the payment of the fees mentioned in schedule 1, items 12 and 13 for the release of information under section 77(1)(a) of the Act, that are otherwise payable under this regulation.

(2)Section 160(3A) and (4)—
renumber as section 160(4) and (5).

13Insertion of new s 161B

After section 161A—
insert—

161B Waiving payment of application fee for exemption from logbook requirement

(1)This section applies if a young driver is required to pay a fee for an application for an exemption from the logbook requirements under section 34(2).

(2)The chief executive may waive the payment of the fee if the young driver lives in a community visited by a service, provided by the department, that assists persons in obtaining a driver licence.

Example of a service—

the Indigenous Driver Licensing Unit

14Regulation amended

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

15Amendment of s 304 (Direction by police officer or traffic controller)

(1)Section 304, heading, ‘police officer or traffic controller’—
omit, insert—

particular persons

(2)Section 304(1)(b)—
omit, insert—

(b)by a traffic controller carrying out the functions of a traffic controller under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, section 51; or

(c)by a person—

(i)carrying out the functions of a traffic controller under the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, section 51, in relation to a special event conducted under a special event permit; and

(ii)to whom the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, section 126A(2) applies in relation to the carrying out of the function.

(3)Section 304(2)—
insert—

special event see the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, section 124.

special event permit see the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015, section 124.

16Regulation amended

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

17Insertion of new s 3C

Part 1—
insert—

3CWhen a motor vehicle is primarily designed for the carriage of goods

For this Regulation, a motor vehicle is primarily designed for the carriage of goods if the amount that is equal to the number of seating positions in the vehicle, multiplied by 68kg, is less than the amount that is 50% of the difference between the GVM of the vehicle and the unladen mass of the vehicle.

18Amendment of sch 1, s 33 (Window tinting)

(1)Schedule 1, section 33(5)—
omit, insert—

(5)Glazing used in a window or interior partition of a motor vehicle may be coated to achieve a luminous transmittance of at least—

(a)for rear glazing used in a motor vehicle that is fitted with at least 1 rear vision mirror to each side of the vehicle—20%; or

(b)otherwise—35%.

(5A)However, rear glazing used in a motor vehicle may be coated to achieve a luminous transmittance of 0% or more if—

(a)the vehicle is fitted with at least 1 rear vision mirror to each side of the vehicle; and

(b)the vehicle is primarily designed for the carriage of goods; and

(c)the vehicle has—

(i)at least 4 wheels; or

(ii)at least 3 wheels and a GVM of more than 1t.

(2)Schedule 1, section 33(7), ‘subsection (5)’—
omit, insert—

subsection (5) or (6)

(3)Schedule 1, section 33(8), definition luminous transmittance—
omit.

(4)Schedule 1, section 33(8)—
insert—

luminous transmittance, for glazing or a coating on glazing, means the amount of light that can pass through the glazing as a percentage of the amount of light that would be transmitted if the glazing or coating were absent.

rear glazing, for a motor vehicle, means glazing used in a window or interior partition of the vehicle located behind the driver in the normal driving position.

(5)Schedule 1, section 33(5A) to (8)—
renumber as section 33(6) to (9).

19Amendment of sch 1, s 59 (Headlights to be fitted to vehicles)

Schedule 1, section 59(4) and (5)—
omit, insert—

(4)Up to 4 additional headlights may be fitted to a motor vehicle with 4 or more wheels, a motor bike or a motortrike.

20Replacement of sch 1, s 62 (How additional headlights are to be fitted)

Schedule 1, section 62—
omit, insert—

62How additional headlights are to be fitted

Any additional headlights fitted to a vehicle must face forwards and be symmetrical in relation to the centre line of the vehicle.

Example—

21Amendment of sch 1, s 81 (Fitting brake lights)

Schedule 1, section 81—
insert—

(8)If a vehicle was built before 1 January 1973, a light fitted to the vehicle that functions as both a brake light and a direction indicator light is taken to be a brake light for this section.

22Amendment of sch 1, s 130 (Exhaust systems)

Schedule 1, section 130(3)(b), ‘12t’—
omit, insert—

4.5t

23Amendment of sch 4 (Dictionary)

Schedule 4—
insert—

unladen mass, of a vehicle, means the mass of the vehicle—

(a)when unoccupied and unladen; and

(b)with all fluid reservoirs, including fuel reservoirs, filled to nominal capacity; and

(c)with all standard equipment attached.