❓ This parliamentary question seeks clarification on the applicability and enforcement of traffic rules on logging roads and at the Pemberton-Northcliffe tramway crossing, specifically concerning liability in case of accidents involving log trucks.
AnsweredQoN 1171Legislative Assembly
QuestionView source ↗
(1) Do normal traffic rules apply to trucks and other authorised vehicles that use logging roads within south west timber production forests?
(2) If yes, who enforces these rules?
(3) If no, which party is legally responsible if, say, a log truck fails to stop at a stop sign and collides with a vehicle on a road under the control of local or State Government?
(4) Do normal traffic rules apply when trucks and other authorised vehicles are crossing the tracks of the Pemberton to Northcliffe tramway?
(5) If yes, who enforces these rules?
(6) If no, which party is legally responsible if, say, a log truck fails to stop at a stop sign and collides with a tram travelling on the tramway?
(2) If yes, who enforces these rules?
(3) If no, which party is legally responsible if, say, a log truck fails to stop at a stop sign and collides with a vehicle on a road under the control of local or State Government?
(4) Do normal traffic rules apply when trucks and other authorised vehicles are crossing the tracks of the Pemberton to Northcliffe tramway?
(5) If yes, who enforces these rules?
(6) If no, which party is legally responsible if, say, a log truck fails to stop at a stop sign and collides with a tram travelling on the tramway?
AnswerView source ↗
Answered
10 June 2003
Responded by
Minister for Police and Emergency Services
Response time
91 days
The Western Australia Police Service advises:
(1) Logging roads may be public roads or private roads. The provisions of the
Road Traffic Act 1974
apply to public roads only.
(2) Logging roads deemed public roads for purposes of the
Road Traffic Act 1974
, are subject to police enforcement, however, they may also be subject to enforcement by the Department of Planning & Infrastructure, Main Roads Department, or Environmental Protection Authority dependent upon the circumstances.
(3) It would depend on the facts of the incident.
(4 – 6) Responsibility for application of rules and safety matters would lie with the operator of the tramway, under the Pemberton-Northcliffe Tourist Railway Order 1987 (no.16 (b)) of the
Government Railways Act 1904
which is enforced by the Western Australian State Government Railways Commission.
(1) Logging roads may be public roads or private roads. The provisions of the
Road Traffic Act 1974
apply to public roads only.
(2) Logging roads deemed public roads for purposes of the
Road Traffic Act 1974
, are subject to police enforcement, however, they may also be subject to enforcement by the Department of Planning & Infrastructure, Main Roads Department, or Environmental Protection Authority dependent upon the circumstances.
(3) It would depend on the facts of the incident.
(4 – 6) Responsibility for application of rules and safety matters would lie with the operator of the tramway, under the Pemberton-Northcliffe Tourist Railway Order 1987 (no.16 (b)) of the
Government Railways Act 1904
which is enforced by the Western Australian State Government Railways Commission.
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