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ROAD TRAFFIC ACT 1974


TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   4.      Repeal
            
   5.      Terms used

   PART V -- Regulation of traffic

           Division 1AA -- Terms used in this Part  

   49AAA.  Terms used

           Division 1A -- When person taken to be instructor or in charge of vehicle  

   49AA.   Circumstances in which person taken to be instructor or in charge of motor vehicle

           Division 1 -- Driving of vehicles: general offences  

   49AB.   Term used: circumstances of aggravation
            
   49.     Driving while unlicensed or disqualified
            
   49A.    Person breaching s. 49(1)(a) having lost licence etc. due to penalty enforcement laws, police may caution etc.
            
   50A.    Driver using foreign country’s driver’s licence etc. to carry it etc.
            
   54.     Driver in incident occasioning bodily harm to stop, ensure assistance and give information
            
   55.     Driver in incident occasioning property damage to stop and give information
            
   56.     Driver in incident occasioning bodily harm or property damage to report incident to police
            
   57.     Owner etc. of vehicle occasioning bodily harm etc. to help police identify driver etc.
            
   59.     Dangerous driving causing death or grievous bodily harm
            
   59A.    Dangerous driving causing bodily harm
            
   59BA.   Careless driving causing death, grievous bodily harm or bodily harm
            
   59B.    Ancillary matters and defences for sections 59, 59A and 59BA
            
   60.     Driving in reckless manner
            
   60A.    Driving at reckless speed
            
   60B.    Penalties for offences against sections 60 and 60A
            
   60C.    Arrest without warrant for driving in reckless manner or at reckless speed
            
   61.     Dangerous driving
            
   61A.    Defence for police officers driving in reckless manner in certain circumstances
            
   61B.    Defence for certain officers driving at reckless speed
            
   62.     Careless driving
            
   62A.    Causing excessive noise or smoke from vehicle’s tyres

           Division 2A -- Providing driving instruction to learner drivers: alcohol and drug related offences  

   62B.    Providing driving instruction: blood alcohol content
            
   62C.    Providing driving instruction with prescribed illicit drug in oral fluid or blood

           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.  Certain persons driving with any blood alcohol content
            
   64AB.   Driving while impaired by drugs
            
   64AC.   Driving with prescribed illicit drug in oral fluid or blood
            
   65.     Terms used in s. 59 to
            
   65A.    Using breath sample to find blood alcohol content
            
   66.     Breath, blood or urine sample, police powers to require etc.
            
   66A.    Drug impairment, police powers to require driver assessment for etc.
            
   66B.    Blood or urine sample for drug analysis, police powers to require etc.
            
   66C.    Preliminary oral fluid test, police powers to require etc.
            
   66D.    Oral fluid sample, police powers to require etc.
            
   66E.    Blood sample instead of oral fluid sample, police powers to require etc.
            
   66F.    Prescribed sample takers authorised to take blood samples
            
   67.     Failure to comply with s. 66 requirement to provide sample, allow sample to be taken or to accompany police officer
            
   67AA.   Failure to comply with s. 66A or 66B requirement to do driver assessment or provide blood or urine sample
            
   67AB.   Failure to comply with s. 66D or 66E requirement to provide oral fluid or blood sample
            
   67A.    Failure to comply with other requirements of police officer
            
   68A.    Failure to comply with s. 66, 66C, 66D or 66E requirement: instructors
            
   68.     Breath sample, analysis of etc.
            
   69.     Blood sample, taking and analysis of
            
   69A.    Urine sample, taking of
            
   69B.    Oral fluid sample, taking of
            
   70A.    Blood, urine or oral fluid sample: delivery of person’s sample to Chemistry Centre (WA)
            
   70B.    Evidence of delivery of blood, urine or oral fluid samples
            
   70.     Evidentiary provisions
            
   71.     Blood alcohol content at material time, how calculated
            
   71A.    Samples not to be used to obtain DNA
            
   71B.    Preventing use of vehicle by alleged offender, police powers for
            
   71C.    Disqualification by police officer
            
   71D.    Disqualification notice (s. 71C), consequences of
            
   71E.    Revocation of disqualification notice by police officer
            
   71F.    Disqualification notice (s. 71C), court may order police to revoke
            
   71G.    Disqualification notice (s. 71C) automatically revoked on acquittal etc.
            
   71H.    Period of disqualification under s. 71C notice to be taken into account in sentencing
            
   72.     Taking and testing samples: regulations for s. 59 to 73, and approval of apparatus and persons
            
   72A.    Review of 2007 amendments to Act about drugs

           Division 3 -- General matters as to driving offences  

   73.     Certain offences extend to driving or attempting to drive in public places

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

              Subdivision 1 -- Preliminary  

   78A.    Terms used
            
   78B.    Penalties etc. not affected by impounding etc.
            
   78C.    Police powers for this Division
            
   78D.    Contracts for conveying, storing etc. impounded etc. vehicles
            
   78E.    Expenses owed to Commissioner, recovery of
            
   78F.    Right of Commissioner of Police to be heard in proceedings under this Division

              Subdivision 2 -- Impounding of vehicles by police for certain offences  

   79.     Impounding offence (driving), police powers to impound vehicle used in
            
   79A.    Impounding offence (driver’s licence), police powers to impound vehicle used in
            
   79BA.   Notice to surrender vehicle for impoundment, issue of etc.
            
   79BB.   Consequences of surrender notice
            
   79BCA.  Surrender substitute vehicle notice
            
   79BCB.  Consequences of surrender substitute vehicle notice
            
   79BCC.  Cancelling notice under s. 79BA, 79BCA or 79BCD
            
   79BCD.  Surrender alternative vehicle notice
            
   79BCE.  Consequences of surrender alternative vehicle notice
            
   79BC.   Acquittal etc. of pending charge of impounding offence (driving), effect of
            
   79BD.   Suspension of vehicle licence on Commissioner’s request
            
   79B.    Notice of impounding, police to issue etc.
            
   79C.    Senior officer to be informed etc. if vehicle impounded
            
   79D.    Release of impounded vehicle
            
   79E.    Liability for police expenses for impounding

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

   80A.    Confiscation of vehicles used in certain impounding offences (driving)
            
   80B.    Impounding offence (driver’s licence) by previous offender, court may impound vehicle of
            
   80C.    Impounding offence (driver’s licence) by previous offender, court may confiscate vehicle of
            
   80CA.   Road rage offence, court may impound offender’s vehicle for
            
   80CB.   Road rage offence, court may confiscate offender’s vehicle for
            
   80D.    Effect of confiscation under s. 80A, 80C or 80CB
            
   80E.    Confiscation under s. 80A not to be of stolen, hired or lent vehicle
            
   80FA.   When court may order impounding instead of confiscation
            
   80F.    Impounding or confiscation order to specify time and place for surrender of vehicle
            
   80GA.   Application for s. 80B to 80CB order, which vehicle can be subject of
            
   80G.    Procedure and grounds for making orders under s. 80A to 80CB
            
   80H.    Liability for police expenses for court-ordered impounding

              Subdivision 4 -- Vehicles impounded or confiscated under Subdivision 2 or  

   80IA.   Release of vehicle after impounding period
            
   80IB.   Impounding expenses, payment of before vehicle released
            
   80I.    Storage expenses after impounding period ends
            
   80JA.   Disposal, with consent, of vehicles impounded under s. 79 or 79A
            
   80J.    Sale of confiscated and uncollected vehicles and items
            
   80K.    Police expenses more than sale proceeds, liability for
            
   80LA.   Liability for police expenses for uncollected vehicle more than sale proceeds
            
   80L.    Transfer of vehicle licence to State in some cases
            
   80M.    Compensation for certain vehicles or items disposed of under s. 80J

              Subdivision 5 -- Impounding and confiscation of unlicensed motor cycles used on roads  

   80N.    Terms used
            
   80O.    Police power to impound unlicensed motor cycle used on road
            
   80P.    Surrender notice
            
   80Q.    Consequences of surrender notice
            
   80R.    Senior police officer to be informed if vehicle impounded
            
   80S.    Claims of right to possession
            
   80T.    Confiscation
            
   80U.    Liability for police expenses
            
   80V.    Sale or other disposal of confiscated motor cycle and items on it
            
   80W.    Liability for police expenses exceeding sale proceeds

   PART VA -- Events on roads  

   81A.    Terms used
            
   81B.    Order for road closure for event, application for
            
   81C.    Order for road closure for event, making
            
   81D.    Road closure, how effected by local government
            
   81E.    Road closure order, effect of
            
   81F.    Offences

   PART VI -- Miscellaneous  

   90.     Unlawfully interfering with parts of motor vehicles

   PART VII -- Offences and penalties  

   106.    Sentencing for certain offences
            
   106A.   Mandatory disqualification

   PART VIII -- Transitional and savings provisions  

   108.    Savings as to Traffic Act 1919
            
   109.    Transitional and savings provisions for the Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2016

   PART IX -- Regulations  

   111.    Regulations etc.
            
   111AB.  Exemption from specified regulations, regulations may allow grant of
            
           Provisions that have not come into operation
           Defined terms
           Compilation table


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