Western Australian Consolidated Acts

ROAD TRAFFIC ACT 1974

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   4.      Repeal  
   5.      Definitions  
   5A.     Person responsible for a vehicle  

   PART II -- Administration  

   6.      Functions of the Commissioner of Police and the Director General  
   6A.     Delegation  
   6B.     Agreements for performance of functions  
   7.      Wardens  
   8.      Access to information  

   PART III -- Licensing of vehicles  

   15.     Vehicle licences  
   17.     Applications for grant, renewal and transfer of vehicle licences  
   18.     Regulations for the grant and renewal of vehicle licences  
   19.     Fees or charges for vehicle licences  
   20.     Licence obtained by means of a dishonoured cheque void  
   22.     Certain fees to be credited to Main Roads Trust Fund  
   23A.    Cancellation of vehicle licence in certain circumstances  
   24.     Transfer of vehicle licences  
   24A.    Requirement to make declaration on applying for grant or transfer of vehicle licence  
   24B.    Change of nominated owner  
   25.     Review  
   26.     Permits, etc., for unlicensed vehicles  
   27.     Register of vehicle licences  
   27A.    Effect of disqualification  
   28.     Classification of vehicle licences  
   28A.    Fees may be amended by regulation  
   29.     Minister may require vehicles to be inspected  

   PART IV -- Overseas motor vehicles when temporarily in Australia  

   30.     Application of this PART  
   31.     When owner of overseas vehicle entitled to free licence  
   32.     Licence granted in another State valid in this State  
   33.     When free licence may be extended free of charge  
   34.     Owner to furnish evidence of guarantee that vehicle will be taken out of Australia before free licence or extension of licence granted  
   35.     No licence to be granted or extended unless requirements regarding construction, etc., of vehicles complied with  
   36.     Free licence or renewal ceases to be valid when owner becomes, or transfers vehicle to, permanent resident  
   37.     When provisions of Act apply as though this Part was not enacted  
   38.     Registration label to be issued with each licence or renewal of licence  
   39.     Number plates on overseas vehicles  
   40.     Regulations  
   41.     Transport Co-ordination Act 1966 not affected  

   PART IVA -- Authorisation to drive  

           Division 1 -- Preliminary  

   41A.    Definitions  

           Division 2 -- Driver licensing  

   42.     Regulations for driver licensing scheme  
   42A.    Director General’s licensing functions  
   42B.    Certain licences authorise learner driving  
   42C.    Dishonestly obtained driver’s licence  
   42D.    Driver’s licence not to be granted or renewed in certain circumstances  
   42E.    Additional matters to do with identity  

           Division 3 -- Learner’s permit  

   43.     Learner’s permit  

           Division 4 -- Other matters about driver authorisations  

   44.     Authorisation to drive without a driver’s licence  
   44A.    Driving while undergoing driving test  
   44B.    Recognition of authorisation of another jurisdiction  
   44C.    Things in other jurisdictions may affect authorisation to drive in WA  
   44D.    External territories and other countries  
   45.     Exchange of information between jurisdictions  
   46.     Security of information in driver’s licence register  
   47.     Regulations may refer to published documents  
   48.     Transitional regulations  
   48A.    Review of Director General’s decisions under this Part  

   PART V -- Regulation of traffic  

           Division 1A -- Terms used in this PART  

   49AA.   Meanings of “bodily harm” and “grievous bodily harm”  

           Division 1 -- Driving of vehicles: general offences  

   49.     Driving while unlicensed or disqualified  
   49A.    Offence when authorisation to drive lost because of penalty enforcement laws  
   50.     Unauthorised driving by learner drivers  
   50A.    Authorisation other than Australian driver licence  
   51.     Cancellation of drivers’ licences granted on probation  
   53.     Driver failing to give name and address to member of the Police Force, failing to stop, etc.  
   54.     Bodily harm: duty to stop and give information and assistance  
   55.     Damage to property: duty to stop and give information  
   56.     Duty to report incidents involving bodily harm or damage to property  
   57.     Duty of owner to identify driver of vehicle involved in accident  
   58.     Duty to identify offending driver or person in charge of vehicle  
   58A.    Duty to take reasonable measures to be able to comply with a driver identity request  
   59.     Dangerous driving causing death, injury, etc.  
   59A.    Dangerous driving causing bodily harm  
   59B.    Section 59 and 59A offences: ancillary matters and defence  
   60.     Reckless driving  
   61.     Dangerous driving  
   62.     Careless driving  
   62A.    Causing excessive noise, smoke  

           Division 2 -- Driving of vehicles: alcohol and drug related offences  

   63.     Driving under the influence of alcohol, etc.  
   64.     Driving with blood alcohol content of or above 0.08  
   64AA.   Driving with blood alcohol content of or above 0.05  
   64A.    Certain persons driving with blood alcohol content of or above 0.02  
   64AAA.  Novice driver driving with any blood alcohol content  
   64AB.   Driving while impaired by drugs  
   64AC.   Driving with prescribed illicit drug in oral fluid or blood  
   65.     Definitions  
   65A.    Using breath sample to find blood alcohol content  
   66.     Requirement to submit sample of breath or blood for analysis  
   66A.    Requirement to undergo driver assessment  
   66B.    Requirement to provide blood or urine sample if driver assessment indicates drug impairment  
   66C.    Requirement to undergo a preliminary oral fluid test  
   66D.    Requirement to provide sample of oral fluid for testing  
   66E.    Requirement or right to provide sample of blood for analysis instead of providing sample of oral fluid  
   66F.    Medical practitioners and registered nurses authorised to take blood samples  
   67.     Failure to comply with requirement as to provision of breath, blood or urine sample for analysis  
   67AA.   Failure to comply with requirement as to driver assessment or provision of blood or urine sample for analysis under section 66A or 66B  
   67AB.   Failure to comply with requirement as to provision of oral fluid or blood sample for testing or analysis under section 66D or 66E  
   67A.    Failure to comply with other requirements made by a member of Police Force  
   68.     Analysis of alcohol in breath  
   69.     Blood analysis  
   69A.    Urine samples  
   69B.    Oral fluid samples  
   70.     Evidence  
   71.     Determination of blood alcohol content at material time  
   71A.    Samples not to be used to obtain DNA  
   71B.    Power to prevent use of vehicle by suspected offender  
   72.     Regulations, etc.  
   72A.    Review of amendments relating to drugs  

           Division 3 -- General matters as to driving offences  

   73.     Certain offences extend to driving or attempting to drive in public places  
   74.     Representation in proceedings under Part V  
   75.     Notification and effect of disqualification  
   76.     Extraordinary licences  
   77.     Penalty for contravening conditions of extraordinary licence  
   78.     Removal of disqualification  

           Division 4 -- Impounding and confiscation of vehicles for certain offences  

              Subdivision 1 -- Preliminary  

   78A.    Interpretation of Division 4  
   78B.    Penalties etc. not affected  
   78C.    Powers for this Division  
   78D.    Contracts for conveying, storing impounded or confiscated vehicles  
   78E.    Recovery of impounding expenses  

              Subdivision 2 -- Impounding of vehicles by police  

   79.     Impounding of vehicles for racing etc.  
   79A.    Impounding of vehicles for driving without driver’s licence etc.  
   79B.    Notice of impounding  
   79C.    Senior officer to be informed if vehicle impounded  
   79D.    Release of impounded vehicles  
   79E.    Liability for section 79(1) or 79A impounding expenses  

              Subdivision 3 -- Impounding and confiscation of vehicles by court order  

   80.     Impounding of vehicles for racing etc.  
   80A.    Confiscation of vehicles for racing etc.  
   80B.    Impounding of vehicles for driving without driver’s licence etc.  
   80C.    Confiscation of vehicles for driving without driver’s licence etc.  
   80CA.   Impounding of vehicles for road rage offences  
   80CB.   Confiscating of vehicles for road rage offences  
   80D.    Effect of confiscation  
   80E.    Stolen or hired vehicles not to be impounded, confiscated  
   80FA.   Court may order impounding instead of confiscation  
   80F.    Licence holder to surrender impounded, confiscated vehicle at time and place ordered by court  
   80GA.   Vehicle about which certain orders may be made  
   80G.    Applications for orders to impound or confiscate vehicles  
   80H.    Expenses of court-ordered impounding payable by convicted driver  

              Subdivision 4 -- Miscellaneous provisions about impounded or confiscated vehicles  

   80IA.   Release of vehicle that was impounded  
   80IB.   Payment for impounding expenses before vehicle released  
   80I.    Before impounded vehicles released, costs of storage for post-impounding period may be payable  
   80J.    Disposing of confiscated, uncollected vehicles and items therein  
   80K.    Expenses of confiscation not obtained on sale payable by convicted driver  
   80L.    Transfer of vehicle licence  

   PART VA -- Events on roads  

   81A.    Definitions  
   81B.    Application for order  
   81C.    Order  
   81D.    Road closure  
   81E.    Effect of order  
   81F.    Offences  

   PART VI -- Miscellaneous  

   82.     Substitution of vehicle in certain circumstances  
   82A.    Motor vehicle pools and insurance  
   83.     Temporary suspension of written law  
   84.     Liability for damage to roads, etc.  
   85.     Power of local government to recover expenses of damage caused by heavy or extraordinary traffic  
   86.     No unauthorised parking in certain areas  
   86A.    Member of Police Force or warden may drive a vehicle used in an offence  
   87.     Confusing lights affecting traffic on roads  
   90.     Unlawful interference with mechanism of motor vehicles  
   92.     Roads may be closed  
   93.     Production of licences at hearings  
   97.     Offences  
   98.     Proof of certain matters  
   98A.    Certain measuring equipment  
   99.     Savings  
   100.    Application of Act to Crown and local governments  
   101.    Protection of Minister, the Director General and officers  
   101A.   Protection of people testing or examining or giving certain information  
   102.    Traffic infringement notices  
   102A.   Traffic infringement notices left on vehicles  
   102B.   Traffic infringement notices issued on photographic evidence  
   102C.   Notices requesting information  
   102D.   Notice under section 102C may become a traffic infringement notice  

   PART VIA -- Demerit points  

           Division 1 -- Preliminary  

   104.    Definitions  
   104A.   Demerit point offences in WA  
   104B.   National demerit point offence schedule  
   104C.   Demerit point registry jurisdiction  

           Division 2 -- Incurring demerit points  

   104D.   Demerit point action after conviction  
   104E.   Demerit point action after infringement notice  
   104F.   No demerit point action against body corporate  
   104G.   What demerit point action is to be taken  

           Division 3 -- Consequences of demerit points  

   104H.   Expiry of demerit points  
   104I.   Excessive demerit points notice  
   104J.   Making a section 104J election  
   104K.   Double disqualification after section 104J election  
   104L.   Permanent disqualification ends section 104J election period  
   104M.   Cumulative effect of demerit points disqualification  
   104N.   Certain disqualifications after demerit points disqualification or section 104J election  

           Division 4 -- Administrative and other provisions  

   104O.   Demerit points register  
   104P.   Obtaining Australian driver licence elsewhere  
   104Q.   Holder of licence in another jurisdiction applying  
   104R.   How certain notices are to be given  
   104S.   Regulations about certain transitional matters  
   104T.   Regulations adapting to schemes of other jurisdictions  

   PART VII -- Offences and penalties  

   105.    Limitation on period for which previous offences taken into account  
   106.    Sentencing for certain offences  
   106A.   Mandatory disqualification  
   107.    Offences generally  

   PART VIII -- Transitional provisions  

   108.    Savings  
   109.    Powers of traffic inspectors  
   110.    Powers of certain traffic inspectors preserved  

   PART IX -- Regulations  

   111.    Regulations, etc.  
   111AA.  Power to include areas in the scope of specified regulations  
   111AB.  Power to grant exemptions from specified regulations  
   111A.   Adoption of other laws, codes etc.  
   112.    Liability of director, etc., of a body corporate that is owner of a vehicle  
   113.    Schemes for optional number plates  
           Compilation table