❓ A WA parliamentary question explores the legality of requiring heavy freight to use specific roads and the powers to enforce such requirements. The Minister's response indicates limitations under current laws and potential avenues for change.
AnsweredQoN 1159Legislative Council
QuestionView source ↗
In relation to current transport laws, will the minister please clarify - (1) Whether it is possible under the current law to require the use of a certain road or road detour by heavy freight alone? (2) If so, under what legal powers can this requirement be made? (3) If such legal methodologies are in place, can the minister please advise of their application? (4) If such requirements do not exist, is there any impediment to changing the laws in order to implement them? (5) If such legal methodologies are not in place, how are the heavy freight detours that are currently operating being enforced? Hon KEN TRAVERS
AnswerView source ↗
I thank the member for some notice of this question. (1)-(5) It is not possible to prevent other road users from using roads that permit vehicle use. If it were required to ban light vehicles from any sections of road, a change to legislation would be required. Legal opinion is needed on whether this would require a change to the regulations or an amendment to the Road Traffic Act. A further facility exists under the Road Traffic Code 2000 to erect “No Truck” signs with or without some qualification - that is, mass and length of operation. My notes say that these have rarely been only been used in WA. I think that means they have only rarely been used in WA, but I will seek clarification on that point. To take into account local road issues, Main Roads requires written agreement from local government for vehicles to operate on roads not under Main Roads’ jurisdiction. This written agreement may require certain conditions for travel, including curfews, unladen vehicles and specific sections of road. The Commissioner of Main Roads has the final say on whether a permit vehicle can access any public road. However, it is Main Roads’ policy to work with local councils to ensure an outcome that is acceptable at the state and local levels.
(1) Whether it is possible under the current law to require the use of a certain road or road detour by heavy freight alone? (2) If so, under what legal powers can this requirement be made? (3) If such legal methodologies are in place, can the minister please advise of their application? (4) If such requirements do not exist, is there any impediment to changing the laws in order to implement them? (5) If such legal methodologies are not in place, how are the heavy freight detours that are currently operating being enforced? Hon KEN TRAVERS replied: I thank the member for some notice of this question. (1)-(5) It is not possible to prevent other road users from using roads that permit vehicle use. If it were required to ban light vehicles from any sections of road, a change to legislation would be required. Legal opinion is needed on whether this would require a change to the regulations or an amendment to the Road Traffic Act. A further facility exists under the Road Traffic Code 2000 to erect “No Truck” signs with or without some qualification - that is, mass and length of operation. My notes say that these have rarely been only been used in WA. I think that means they have only rarely been used in WA, but I will seek clarification on that point. To take into account local road issues, Main Roads requires written agreement from local government for vehicles to operate on roads not under Main Roads’ jurisdiction. This written agreement may require certain conditions for travel, including curfews, unladen vehicles and specific sections of road. The Commissioner of Main Roads has the final say on whether a permit vehicle can access any public road. However, it is Main Roads’ policy to work with local councils to ensure an outcome that is acceptable at the state and local levels.
(2) If so, under what legal powers can this requirement be made? (3) If such legal methodologies are in place, can the minister please advise of their application? (4) If such requirements do not exist, is there any impediment to changing the laws in order to implement them? (5) If such legal methodologies are not in place, how are the heavy freight detours that are currently operating being enforced? Hon KEN TRAVERS replied: I thank the member for some notice of this question. (1)-(5) It is not possible to prevent other road users from using roads that permit vehicle use. If it were required to ban light vehicles from any sections of road, a change to legislation would be required. Legal opinion is needed on whether this would require a change to the regulations or an amendment to the Road Traffic Act. A further facility exists under the Road Traffic Code 2000 to erect “No Truck” signs with or without some qualification - that is, mass and length of operation. My notes say that these have rarely been only been used in WA. I think that means they have only rarely been used in WA, but I will seek clarification on that point. To take into account local road issues, Main Roads requires written agreement from local government for vehicles to operate on roads not under Main Roads’ jurisdiction. This written agreement may require certain conditions for travel, including curfews, unladen vehicles and specific sections of road. The Commissioner of Main Roads has the final say on whether a permit vehicle can access any public road. However, it is Main Roads’ policy to work with local councils to ensure an outcome that is acceptable at the state and local levels.
(3) If such legal methodologies are in place, can the minister please advise of their application? (4) If such requirements do not exist, is there any impediment to changing the laws in order to implement them? (5) If such legal methodologies are not in place, how are the heavy freight detours that are currently operating being enforced? Hon KEN TRAVERS replied: I thank the member for some notice of this question. (1)-(5) It is not possible to prevent other road users from using roads that permit vehicle use. If it were required to ban light vehicles from any sections of road, a change to legislation would be required. Legal opinion is needed on whether this would require a change to the regulations or an amendment to the Road Traffic Act. A further facility exists under the Road Traffic Code 2000 to erect “No Truck” signs with or without some qualification - that is, mass and length of operation. My notes say that these have rarely been only been used in WA. I think that means they have only rarely been used in WA, but I will seek clarification on that point. To take into account local road issues, Main Roads requires written agreement from local government for vehicles to operate on roads not under Main Roads’ jurisdiction. This written agreement may require certain conditions for travel, including curfews, unladen vehicles and specific sections of road. The Commissioner of Main Roads has the final say on whether a permit vehicle can access any public road. However, it is Main Roads’ policy to work with local councils to ensure an outcome that is acceptable at the state and local levels.
(4) If such requirements do not exist, is there any impediment to changing the laws in order to implement them? (5) If such legal methodologies are not in place, how are the heavy freight detours that are currently operating being enforced? Hon KEN TRAVERS replied: I thank the member for some notice of this question. (1)-(5) It is not possible to prevent other road users from using roads that permit vehicle use. If it were required to ban light vehicles from any sections of road, a change to legislation would be required. Legal opinion is needed on whether this would require a change to the regulations or an amendment to the Road Traffic Act. A further facility exists under the Road Traffic Code 2000 to erect “No Truck” signs with or without some qualification - that is, mass and length of operation. My notes say that these have rarely been only been used in WA. I think that means they have only rarely been used in WA, but I will seek clarification on that point. To take into account local road issues, Main Roads requires written agreement from local government for vehicles to operate on roads not under Main Roads’ jurisdiction. This written agreement may require certain conditions for travel, including curfews, unladen vehicles and specific sections of road. The Commissioner of Main Roads has the final say on whether a permit vehicle can access any public road. However, it is Main Roads’ policy to work with local councils to ensure an outcome that is acceptable at the state and local levels.
(5) If such legal methodologies are not in place, how are the heavy freight detours that are currently operating being enforced? Hon KEN TRAVERS replied: I thank the member for some notice of this question. (1)-(5) It is not possible to prevent other road users from using roads that permit vehicle use. If it were required to ban light vehicles from any sections of road, a change to legislation would be required. Legal opinion is needed on whether this would require a change to the regulations or an amendment to the Road Traffic Act. A further facility exists under the Road Traffic Code 2000 to erect “No Truck” signs with or without some qualification - that is, mass and length of operation. My notes say that these have rarely been only been used in WA. I think that means they have only rarely been used in WA, but I will seek clarification on that point. To take into account local road issues, Main Roads requires written agreement from local government for vehicles to operate on roads not under Main Roads’ jurisdiction. This written agreement may require certain conditions for travel, including curfews, unladen vehicles and specific sections of road. The Commissioner of Main Roads has the final say on whether a permit vehicle can access any public road. However, it is Main Roads’ policy to work with local councils to ensure an outcome that is acceptable at the state and local levels.
Hon KEN TRAVERS replied: I thank the member for some notice of this question. (1)-(5) It is not possible to prevent other road users from using roads that permit vehicle use. If it were required to ban light vehicles from any sections of road, a change to legislation would be required. Legal opinion is needed on whether this would require a change to the regulations or an amendment to the Road Traffic Act. A further facility exists under the Road Traffic Code 2000 to erect “No Truck” signs with or without some qualification - that is, mass and length of operation. My notes say that these have rarely been only been used in WA. I think that means they have only rarely been used in WA, but I will seek clarification on that point. To take into account local road issues, Main Roads requires written agreement from local government for vehicles to operate on roads not under Main Roads’ jurisdiction. This written agreement may require certain conditions for travel, including curfews, unladen vehicles and specific sections of road. The Commissioner of Main Roads has the final say on whether a permit vehicle can access any public road. However, it is Main Roads’ policy to work with local councils to ensure an outcome that is acceptable at the state and local levels.
I thank the member for some notice of this question. (1)-(5) It is not possible to prevent other road users from using roads that permit vehicle use. If it were required to ban light vehicles from any sections of road, a change to legislation would be required. Legal opinion is needed on whether this would require a change to the regulations or an amendment to the Road Traffic Act. A further facility exists under the Road Traffic Code 2000 to erect “No Truck” signs with or without some qualification - that is, mass and length of operation. My notes say that these have rarely been only been used in WA. I think that means they have only rarely been used in WA, but I will seek clarification on that point. To take into account local road issues, Main Roads requires written agreement from local government for vehicles to operate on roads not under Main Roads’ jurisdiction. This written agreement may require certain conditions for travel, including curfews, unladen vehicles and specific sections of road. The Commissioner of Main Roads has the final say on whether a permit vehicle can access any public road. However, it is Main Roads’ policy to work with local councils to ensure an outcome that is acceptable at the state and local levels.
(1)-(5) It is not possible to prevent other road users from using roads that permit vehicle use. If it were required to ban light vehicles from any sections of road, a change to legislation would be required. Legal opinion is needed on whether this would require a change to the regulations or an amendment to the Road Traffic Act. A further facility exists under the Road Traffic Code 2000 to erect “No Truck” signs with or without some qualification - that is, mass and length of operation. My notes say that these have rarely been only been used in WA. I think that means they have only rarely been used in WA, but I will seek clarification on that point. To take into account local road issues, Main Roads requires written agreement from local government for vehicles to operate on roads not under Main Roads’ jurisdiction. This written agreement may require certain conditions for travel, including curfews, unladen vehicles and specific sections of road. The Commissioner of Main Roads has the final say on whether a permit vehicle can access any public road. However, it is Main Roads’ policy to work with local councils to ensure an outcome that is acceptable at the state and local levels.
(1) Whether it is possible under the current law to require the use of a certain road or road detour by heavy freight alone? (2) If so, under what legal powers can this requirement be made? (3) If such legal methodologies are in place, can the minister please advise of their application? (4) If such requirements do not exist, is there any impediment to changing the laws in order to implement them? (5) If such legal methodologies are not in place, how are the heavy freight detours that are currently operating being enforced? Hon KEN TRAVERS replied: I thank the member for some notice of this question. (1)-(5) It is not possible to prevent other road users from using roads that permit vehicle use. If it were required to ban light vehicles from any sections of road, a change to legislation would be required. Legal opinion is needed on whether this would require a change to the regulations or an amendment to the Road Traffic Act. A further facility exists under the Road Traffic Code 2000 to erect “No Truck” signs with or without some qualification - that is, mass and length of operation. My notes say that these have rarely been only been used in WA. I think that means they have only rarely been used in WA, but I will seek clarification on that point. To take into account local road issues, Main Roads requires written agreement from local government for vehicles to operate on roads not under Main Roads’ jurisdiction. This written agreement may require certain conditions for travel, including curfews, unladen vehicles and specific sections of road. The Commissioner of Main Roads has the final say on whether a permit vehicle can access any public road. However, it is Main Roads’ policy to work with local councils to ensure an outcome that is acceptable at the state and local levels.
(2) If so, under what legal powers can this requirement be made? (3) If such legal methodologies are in place, can the minister please advise of their application? (4) If such requirements do not exist, is there any impediment to changing the laws in order to implement them? (5) If such legal methodologies are not in place, how are the heavy freight detours that are currently operating being enforced? Hon KEN TRAVERS replied: I thank the member for some notice of this question. (1)-(5) It is not possible to prevent other road users from using roads that permit vehicle use. If it were required to ban light vehicles from any sections of road, a change to legislation would be required. Legal opinion is needed on whether this would require a change to the regulations or an amendment to the Road Traffic Act. A further facility exists under the Road Traffic Code 2000 to erect “No Truck” signs with or without some qualification - that is, mass and length of operation. My notes say that these have rarely been only been used in WA. I think that means they have only rarely been used in WA, but I will seek clarification on that point. To take into account local road issues, Main Roads requires written agreement from local government for vehicles to operate on roads not under Main Roads’ jurisdiction. This written agreement may require certain conditions for travel, including curfews, unladen vehicles and specific sections of road. The Commissioner of Main Roads has the final say on whether a permit vehicle can access any public road. However, it is Main Roads’ policy to work with local councils to ensure an outcome that is acceptable at the state and local levels.
(3) If such legal methodologies are in place, can the minister please advise of their application? (4) If such requirements do not exist, is there any impediment to changing the laws in order to implement them? (5) If such legal methodologies are not in place, how are the heavy freight detours that are currently operating being enforced? Hon KEN TRAVERS replied: I thank the member for some notice of this question. (1)-(5) It is not possible to prevent other road users from using roads that permit vehicle use. If it were required to ban light vehicles from any sections of road, a change to legislation would be required. Legal opinion is needed on whether this would require a change to the regulations or an amendment to the Road Traffic Act. A further facility exists under the Road Traffic Code 2000 to erect “No Truck” signs with or without some qualification - that is, mass and length of operation. My notes say that these have rarely been only been used in WA. I think that means they have only rarely been used in WA, but I will seek clarification on that point. To take into account local road issues, Main Roads requires written agreement from local government for vehicles to operate on roads not under Main Roads’ jurisdiction. This written agreement may require certain conditions for travel, including curfews, unladen vehicles and specific sections of road. The Commissioner of Main Roads has the final say on whether a permit vehicle can access any public road. However, it is Main Roads’ policy to work with local councils to ensure an outcome that is acceptable at the state and local levels.
(4) If such requirements do not exist, is there any impediment to changing the laws in order to implement them? (5) If such legal methodologies are not in place, how are the heavy freight detours that are currently operating being enforced? Hon KEN TRAVERS replied: I thank the member for some notice of this question. (1)-(5) It is not possible to prevent other road users from using roads that permit vehicle use. If it were required to ban light vehicles from any sections of road, a change to legislation would be required. Legal opinion is needed on whether this would require a change to the regulations or an amendment to the Road Traffic Act. A further facility exists under the Road Traffic Code 2000 to erect “No Truck” signs with or without some qualification - that is, mass and length of operation. My notes say that these have rarely been only been used in WA. I think that means they have only rarely been used in WA, but I will seek clarification on that point. To take into account local road issues, Main Roads requires written agreement from local government for vehicles to operate on roads not under Main Roads’ jurisdiction. This written agreement may require certain conditions for travel, including curfews, unladen vehicles and specific sections of road. The Commissioner of Main Roads has the final say on whether a permit vehicle can access any public road. However, it is Main Roads’ policy to work with local councils to ensure an outcome that is acceptable at the state and local levels.
(5) If such legal methodologies are not in place, how are the heavy freight detours that are currently operating being enforced? Hon KEN TRAVERS replied: I thank the member for some notice of this question. (1)-(5) It is not possible to prevent other road users from using roads that permit vehicle use. If it were required to ban light vehicles from any sections of road, a change to legislation would be required. Legal opinion is needed on whether this would require a change to the regulations or an amendment to the Road Traffic Act. A further facility exists under the Road Traffic Code 2000 to erect “No Truck” signs with or without some qualification - that is, mass and length of operation. My notes say that these have rarely been only been used in WA. I think that means they have only rarely been used in WA, but I will seek clarification on that point. To take into account local road issues, Main Roads requires written agreement from local government for vehicles to operate on roads not under Main Roads’ jurisdiction. This written agreement may require certain conditions for travel, including curfews, unladen vehicles and specific sections of road. The Commissioner of Main Roads has the final say on whether a permit vehicle can access any public road. However, it is Main Roads’ policy to work with local councils to ensure an outcome that is acceptable at the state and local levels.
Hon KEN TRAVERS replied: I thank the member for some notice of this question. (1)-(5) It is not possible to prevent other road users from using roads that permit vehicle use. If it were required to ban light vehicles from any sections of road, a change to legislation would be required. Legal opinion is needed on whether this would require a change to the regulations or an amendment to the Road Traffic Act. A further facility exists under the Road Traffic Code 2000 to erect “No Truck” signs with or without some qualification - that is, mass and length of operation. My notes say that these have rarely been only been used in WA. I think that means they have only rarely been used in WA, but I will seek clarification on that point. To take into account local road issues, Main Roads requires written agreement from local government for vehicles to operate on roads not under Main Roads’ jurisdiction. This written agreement may require certain conditions for travel, including curfews, unladen vehicles and specific sections of road. The Commissioner of Main Roads has the final say on whether a permit vehicle can access any public road. However, it is Main Roads’ policy to work with local councils to ensure an outcome that is acceptable at the state and local levels.
I thank the member for some notice of this question. (1)-(5) It is not possible to prevent other road users from using roads that permit vehicle use. If it were required to ban light vehicles from any sections of road, a change to legislation would be required. Legal opinion is needed on whether this would require a change to the regulations or an amendment to the Road Traffic Act. A further facility exists under the Road Traffic Code 2000 to erect “No Truck” signs with or without some qualification - that is, mass and length of operation. My notes say that these have rarely been only been used in WA. I think that means they have only rarely been used in WA, but I will seek clarification on that point. To take into account local road issues, Main Roads requires written agreement from local government for vehicles to operate on roads not under Main Roads’ jurisdiction. This written agreement may require certain conditions for travel, including curfews, unladen vehicles and specific sections of road. The Commissioner of Main Roads has the final say on whether a permit vehicle can access any public road. However, it is Main Roads’ policy to work with local councils to ensure an outcome that is acceptable at the state and local levels.
(1)-(5) It is not possible to prevent other road users from using roads that permit vehicle use. If it were required to ban light vehicles from any sections of road, a change to legislation would be required. Legal opinion is needed on whether this would require a change to the regulations or an amendment to the Road Traffic Act. A further facility exists under the Road Traffic Code 2000 to erect “No Truck” signs with or without some qualification - that is, mass and length of operation. My notes say that these have rarely been only been used in WA. I think that means they have only rarely been used in WA, but I will seek clarification on that point. To take into account local road issues, Main Roads requires written agreement from local government for vehicles to operate on roads not under Main Roads’ jurisdiction. This written agreement may require certain conditions for travel, including curfews, unladen vehicles and specific sections of road. The Commissioner of Main Roads has the final say on whether a permit vehicle can access any public road. However, it is Main Roads’ policy to work with local councils to ensure an outcome that is acceptable at the state and local levels.
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