❓ Question regarding the enforcement of Section 58A of the Road Traffic Act 1974, specifically concerning prosecutions of dealerships for non-compliance. The answer provides the implementation date and indicates a low number of prosecutions due to an initial educational approach by WA Police.
AnsweredQoN 2672Legislative Assembly
QuestionView source ↗
(2) When was this law put into effect and how many dealers or staff in dealerships have been prosecuted for not complying with this law or regulation?
AnswerView source ↗
Answered
18 September 2007
Responded by
Minister for Police and Emergency Services
Response time
12 days
(1) Section 58A Road Traffic Act 1974 which states:
A responsible person for a vehicle commits an offence if the responsible person fails to take reasonable measures, or make reasonable arrangements, to
ensure
that if a driver identity request is made in relation to the vehicle, the responsible person
will
be able to comply with it.
The term 'responsible person' includes companies and is defined as 5A. Person responsible for a vehicle
(1) For the purposes of this Act a person responsible for a vehicle is --
(a) if the vehicle is licensed --
any licence holder
who has not given a notice as described in paragraph (b);
(b) if a licence holder has given notice under section 24(1), or a corresponding law of another State or Territory or the Commonwealth, of a change in ownership of the vehicle and subsection (2) does not apply -- the new owner as specified in the notice or, if more than one is specified, each of them;
(c) if the vehicle is not licensed but was previously licensed and subsection (2) does not apply -- a person responsible under paragraph (a) or (b) before the vehicle last ceased to be licensed; or
(d) in any other case --
(i) the person who is entitled to the immediate possession of the vehicle; or
(ii) if there are several persons entitled to its immediate possession, the person whose entitlement is paramount.
(2) 1st January 2006
WA Police are unable to provide an exact figure although the number would be very small. This is due to WA Police taking an educational approach to the new legislation and allowing time for both individuals and corporate vehicle owners to become familiar with the legislation. Increases in these types of prosecutions are expected over the next 12 months.
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A responsible person for a vehicle commits an offence if the responsible person fails to take reasonable measures, or make reasonable arrangements, to
ensure
that if a driver identity request is made in relation to the vehicle, the responsible person
will
be able to comply with it.
The term 'responsible person' includes companies and is defined as 5A. Person responsible for a vehicle
(1) For the purposes of this Act a person responsible for a vehicle is --
(a) if the vehicle is licensed --
any licence holder
who has not given a notice as described in paragraph (b);
(b) if a licence holder has given notice under section 24(1), or a corresponding law of another State or Territory or the Commonwealth, of a change in ownership of the vehicle and subsection (2) does not apply -- the new owner as specified in the notice or, if more than one is specified, each of them;
(c) if the vehicle is not licensed but was previously licensed and subsection (2) does not apply -- a person responsible under paragraph (a) or (b) before the vehicle last ceased to be licensed; or
(d) in any other case --
(i) the person who is entitled to the immediate possession of the vehicle; or
(ii) if there are several persons entitled to its immediate possession, the person whose entitlement is paramount.
(2) 1st January 2006
WA Police are unable to provide an exact figure although the number would be very small. This is due to WA Police taking an educational approach to the new legislation and allowing time for both individuals and corporate vehicle owners to become familiar with the legislation. Increases in these types of prosecutions are expected over the next 12 months.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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