A parliamentary question regarding an unlicensed forklift operating on a public road in Kalgoorlie. The Minister confirms the forklift required licensing but a caution was issued instead of a fine, with the owner now in the process of licencing the forklift.

AnsweredQoN 768Legislative Council
Asked
15 May 2003
Portfolio
Police and Emergency Services

QuestionView source ↗

I refer to an email complaint dated April 7 2003 sent to the Minister for Police and Commissioner of Police with attaching photographic evidence concerning an unlicensed forklift operated by Mr Mark Posa on Wilson Street in a residential area in Kalgoorlie near the Kalgoorlie Cement Works -
(1) Is the forklift depicted in the photos required under any statutory acts administered by the West Australian Police force to be licenced or registered to operate on any public roads and in particular Wilson Street?
(2) If no to (1), why not?
(3) If yes to (1), can the Minister state the specific sections of the relevant statutory acts which require the forklift to be licenced or registered?
(4) If no to (3), why not?
(5) Will the Police department be fining or prosecuting Mr Mark Posa for operating an unlicensed forklift on March 4 2003 on Wilson Street which is a busy public road where approaching motorists were forced to veer to the wrong side of the road?
(6) If no to (5), why not?

AnswerView source ↗

Answered
8 August 2003
Responded by
Minister for Racing and Gaming representing the Minister for Police and Emergency Services
Response time
85 days
(2) N/A (3) The forklift is required to be licenced under Section 15(1) of the Road Traffic Act 1974. (4) N/A (5) No (6) The investigating officer used his discretionary power and issued a caution for this first reported offence. I am advised that the owner has been advised of his obligations in relation to roadworthiness and licensing of his vehicles. He has been warned that any further breaches may result in prosecution. A Licensing and Services Vehicle Examiner has inspected the Forklift in question. The owner is currently in the process of licencing the Forklift.
(3) The forklift is required to be licenced under Section 15(1) of the Road Traffic Act 1974. (4) N/A (5) No (6) The investigating officer used his discretionary power and issued a caution for this first reported offence. I am advised that the owner has been advised of his obligations in relation to roadworthiness and licensing of his vehicles. He has been warned that any further breaches may result in prosecution. A Licensing and Services Vehicle Examiner has inspected the Forklift in question. The owner is currently in the process of licencing the Forklift.
(4) N/A (5) No (6) The investigating officer used his discretionary power and issued a caution for this first reported offence. I am advised that the owner has been advised of his obligations in relation to roadworthiness and licensing of his vehicles. He has been warned that any further breaches may result in prosecution. A Licensing and Services Vehicle Examiner has inspected the Forklift in question. The owner is currently in the process of licencing the Forklift.
(5) No (6) The investigating officer used his discretionary power and issued a caution for this first reported offence. I am advised that the owner has been advised of his obligations in relation to roadworthiness and licensing of his vehicles. He has been warned that any further breaches may result in prosecution. A Licensing and Services Vehicle Examiner has inspected the Forklift in question. The owner is currently in the process of licencing the Forklift.
(6) The investigating officer used his discretionary power and issued a caution for this first reported offence. I am advised that the owner has been advised of his obligations in relation to roadworthiness and licensing of his vehicles. He has been warned that any further breaches may result in prosecution. A Licensing and Services Vehicle Examiner has inspected the Forklift in question. The owner is currently in the process of licencing the Forklift.

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