Western Australian Consolidated Acts

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ROAD TRAFFIC ACT 1974 - NOTES

Notes

1 This is a compilation of the Road Traffic Act 1974 and includes the amendments made by the other written laws referred to in the following table 1M, 1a. The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

Road Traffic Act 1974

59 of 1974

3 Dec 1974

s. 4: 3 Dec 1974 (see s. 2(2)); s. 6-10 and 12: 21 Feb 1975 (see s. 2(1) and Gazette 21 Feb 1975 p. 633);
Act other than s. 4, 6-10 and 12: 1 Jun 1975 (see s. 2(1) and Gazette 29 May 1975 p. 1442)

Road Traffic Act Amendment Act 1975

77 of 1975

14 Nov 1975

1 Jul 1976 (see s. 2 and Gazette 12 Dec 1975 p. 4481)

Road Traffic Act Amendment Act (No. 2) 1975

93 of 1975

20 Nov 1975

20 Feb 1976 (see s. 2 and Gazette 20 Feb 1976 p. 445)

Road Traffic Act Amendment Act 1976

17 of 1976

3 Jun 1976

21 Aug 1976 (see s. 2 and Gazette 6 Aug 1976 p. 2658)

Road Traffic Act Amendment Act (No. 2) 1976

48 of 1976

10 Sep 1976

Act other than s. 3 and 4(a)-(f) and (h): 10 Sep 1976 (see s. 2(1));
s. 3 and 4(a)-(f) and (h):
1 Jun 1977 (see s. 2(2) and Gazette 20 May 1977 p. 1490)

Road Traffic Act Amendment Act (No. 3) 1976

135 of 1976

9 Dec 1976

9 Dec 1976

Road Traffic Act Amendment Act 1977

4 of 1977

29 Aug 1977

29 Aug 1977

Road Traffic Act Amendment Act 1978 5

89 of 1978
(as amended by No. 82 of 1982 s. 30 and 31)

8 Nov 1978

Act other than s. 16(a), (b) and (c), 18 and 23: 25 May 1979 (see s. 2 and Gazette 25 May 1979 p. 1377);
s. 18: 1 Jan 1980 (see s. 2 and Gazette 7 Dec 1979 p. 3770)

Acts Amendment and Repeal (Road Maintenance) Act 1979 Pt. II

9 of 1979

18 May 1979

1 Jul 1979 (see s. 2(2))

Road Traffic Act Amendment Act 1979

10 of 1979

18 May 1979

18 May 1979

Road Traffic Act Amendment Act (No. 2) 1979

71 of 1979

27 Nov 1979

Act other than s. 4, 5, 8-11, 13, 14 and 18: 27 Nov 1979 (see s. 2(1));
s. 8-11, 13, 14 and 18: 1 Feb 1980 (see s. 2(2) and Gazette 1 Feb 1980 p. 284); s. 4: 15 Feb 1980 (see s. 2(2) and Gazette 15 Feb 1980 p. 456);
s. 5: 2 May 1980 (see s. 2(2) and Gazette 2 May 1980 p. 1405)

Untitled regulations published in Gazette 6 Jun 1980 p. 1671-2

6 Jun 1980

Reprint of the Road Traffic Act 1974 approved 22 Jul 1980 (includes amendments listed above)

Road Traffic Amendment Act 1980

42 of 1980

12 Nov 1980

Act other than s. 3-6, 8, 9(a) and 10: 12 Nov 1980 (see s. 2(1));
s. 3-6, 8, 9(a) and 10: 1 Jan 1981 (see s. 2(2))

Acts Amendment (Motor Vehicle Pools) Act 1980 Pt. II

48 of 1980

19 Nov 1980

19 Nov 1980

Road Traffic Amendment Act (No. 2) 1980 6

81 of 1980

5 Dec 1980

5 Dec 1980

Road Traffic (Fees for Vehicle Licences) Regulations 1981 published in Gazette 29 May 1981 p. 1611-18

29 May 1981

Road Traffic Amendment Act 1981

39 of 1981

25 Aug 1981

25 Aug 1981

Road Traffic Amendment Act (No. 2) 1981

71 of 1981

30 Oct 1981

1 Aug 1982 (see s. 2 and Gazette 23 Jul 1982 p. 2842)

Road Traffic Amendment Act (No. 4) 1981

105 of 1981

4 Dec 1981

2 Feb 1982 (see s. 2 and Gazette 2 Feb 1982 p. 393)

Companies (Consequential Amendments) Act 1982 s. 28

10 of 1982

14 May 1982

1 Jul 1982 (see s. 2(1) and Gazette 25 Jun 1982 p. 2079)

Acts Amendment (Motor Vehicle Fees) Act 1982 Pt. III

25 of 1982

27 May 1982

1 Jul 1982 (see s. 2)

Road Traffic (Fees for Vehicle Licences) Regulations 1982 published in Gazette 28 May 1982 p. 1728-34

28 May 1982

Road Traffic Amendment Act 1982

60 of 1982

24 Sep 1982

Act other than s. 3 and 6(a): 1 Oct 1982 (see s. 2 and Gazette 1 Oct 1982 p. 3885); s. 3 and 6(a): 1 Nov 1982 (see s. 2 and Gazette 1 Oct 1982 p. 3885)

Road Traffic Amendment Act (No. 2) 1982 7

82 of 1982

11 Nov 1982

Act other than s. 5, 7, 9, 11-14, 15(d), (e), (g), (j), (l) and (n), 16, 17, 18(a)(ii), (b), (d) and (e), 19, 20(a)-(c) and (e), 21(1), 25 and 26: 11 Nov 1982 (see s. 2(1));
s. 5, 7, 9, 11-13, 14(b), 15(d), 16, 20(a)-(c) and (e), 21(1), 25 and 26: 9 Dec 1982 (see s. 2(2));
s. 14(a), 15(e), (g), (j), (l), and (n), 17, 18(a)(ii), (b), (d) and (e) and 19: 1 Mar 1983 (see s. 2(3) and Gazette 25 Feb 1983 p. 638)

Road Traffic (Fees for Vehicle Licences) Regulations 1983 published in Gazette 20 May 1983 p. 1525-32

20 May 1983

Reprint of the Road Traffic Act 1974 approved 9 Jul 1983 (includes amendments listed above)

Road Traffic (Fees for Vehicle Licences) Regulations 1984 published in Gazette 28 Jun 1984 p. 1741-51

28 Jun 1984

Road Traffic Amendment Act 1984

95 of 1984

7 Dec 1984

4 Jan 1985

Acts Amendment and Repeal (Credit) Act 1984 Pt. VII

102 of 1984

19 Dec 1984

31 Mar 1985 (see s. 2 and Gazette 8 Mar 1985 p. 867)

Acts Amendment and Repeal (Transport Co-ordination) Act 1985 Pt. VI

54 of 1985

28 Oct 1985

1 Jan 1986 (see s. 2 and Gazette 20 Dec 1985 p. 4822)

Road Traffic Amendment Act 1985

89 of 1985

4 Dec 1985

4 Dec 1985 (see s. 2)

Road Traffic (Fees for Vehicle Licences) Regulations 1986 published in Gazette 30 May 1986 p. 1769-75 (erratum 13 Jun 1986 p. 1979)

30 May 1986

Road Traffic Amendment Act (No. 2) 1986

78 of 1986

4 Dec 1986

4 Dec 1986 (see s. 2)

Road Traffic (Fees for Vehicle Licences) Regulations 1987 published in Gazette 29 May 1987 p. 2263-73

29 May 1987

Road Traffic Amendment Act (No. 2) 1987 8, 9

121 of 1987 (as amended by No. 84 of 2004 s. 80 cl. 123 and No. 8 of 2009 s. 112)

24 Dec 1987

s. 1 and 2: 24 Dec 1987;
s. 3-6, 8-10: 24 Dec 1987 (see s. 2 and Gazette 24 Dec 1987 p. 4561);
s. 7: 1 Oct 1988 (see s. 2 and Gazette 30 Sep 1988 p. 3967);
s. 11(a): 21 Dec 1990 (see s. 2 and Gazette 21 Dec 1990 p. 6212)
s. 11(b) deleted by No. 8 of 2009 s. 112

Road Traffic Amendment Act 1988 10

11 of 1988

6 Sep 1988

s. 1 and 2: 6 Sep 1988;
s. 3, 20, 21 and 23: 28 Oct 1988
(see s. 2 and Gazette 28 Oct 1988 p. 4274); s. 8(a) and (b): 4 Nov 1988 (see s. 2 and Gazette 4 Nov 1988 p. 4365);
s. 4-7, 9-17, 19, 22 and 24: 16 Nov 1988 (see s. 2 and Gazette 16 Nov 1988 p. 4517); s. 8(c) and 18 (other than paragraph (b)): 21 Jul 1989 (see s. 2 and Gazette 21 Jul 1989 p. 2212);
s. 18(b): 19 Sep 1989 (see s. 2 and Gazette 21 Jul 1989 p. 2212)

Road Traffic Amendment (Random Breath Tests) Act 1988 11

16 of 1988
(as amended by No. 46 of 1989 s. 4; No. 76 of 1996 s. 41 and No. 39 of 2000 s. 67)

9 Sep 1988

s. 1 and 2: 9 Sep 1988;
Act other than s. 1, 2 and 5: 1 Oct 1988 (see s. 2 and Gazette 30 Sep 1988 p. 3967)

Road Traffic Amendment Act (No. 3) 1988

32 of 1988

24 Nov 1988

s. 1 and 2: 24 Nov 1988;
Act other than s. 1 and 2: 21 Jul 1989 (see s. 3 and Gazette 21 Jul 1989 p. 2212)

Road Traffic Amendment Act (No. 2) 1988

57 of 1988

8 Dec 1988

s. 1 and 2: 8 Dec 1988;
Act other than s. 1 and 2: 1 Feb 1989 (see s. 2 and Gazette 23 Dec 1988 p. 4937)

Acts Amendment (Events on Roads) Act 1988 Pt. 2

64 of 1988

8 Dec 1988

1 Feb 1991 (see s. 2 and Gazette 1 Feb 1991 p. 511)

Acts Amendment (Children’s Court) Act 1988 Pt. 7

49 of 1988

22 Dec 1988

1 Dec 1989 (see s. 2 and Gazette 24 Nov 1989 p. 4327)

Road Traffic (Fees for Vehicle Licences) Regulations 1989 published in Gazette 11 Aug 1989 p. 2695-704

11 Aug 1989

Road Traffic (Fees for Vehicle Licences) Regulations (No. 2) 1989 published in Gazette 22 Sep 1989 p. 3463

22 Sep 1989

Road Traffic (Fees for Vehicle Licences) Regulations (No. 3) 1989 published in Gazette 17 Nov 1989 p. 4161-5 (erratum 8 Dec 1989 p. 4463)

17 Nov 1989

Acts Amendment (Chemistry Centre (WA)) Act 1990 Pt. 3 12

19 of 1990

24 Jul 1990

9 Aug 1991 (see s. 2 and Gazette 9 Aug 1991 p. 4101)

Road Traffic (Fees for Vehicle Licences) Regulations 1990 published in Gazette 29 Aug 1990 p. 4383-90 (erratum 7 Dec 1990 p. 6051)

29 Aug 1990

Road Traffic (Fees for Vehicle Licences) Regulations (No. 2) 1990 published in Gazette 23 Nov 1990 p. 5850-1

23 Nov 1990

Road Traffic Amendment Act (No. 3) 1990

60 of 1990

17 Dec 1990

s. 1 and 2: 17 Dec 1990;
Act other than s. 1 and 2: 21 Dec 1990 (see s. 2 and Gazette 21 Dec 1990 p. 6212)

Reprint of the Road Traffic Act 1974 as at 4 Apr 1991 (includes amendments listed above except those in the Acts Amendment (Chemistry Centre (WA)) Act 1990)

Road Traffic (Fees for Vehicle Licences) Regulations 1991 published in Gazette 23 Aug 1991 p. 4417-22

23 Aug 1991

Road Traffic (Fees for Vehicle Licences) Regulations (No. 2) 1991 published in Gazette 22 Nov 1991 p. 5958-9

22 Nov 1991

Criminal Law Amendment Act 1991 s. 6(2) and 21 13

37 of 1991

12 Dec 1991

s. 6(2): 12 Dec 1991 (see s. 2(1));
s. 21: 10 Feb 1992 (see s. 2(2) and Gazette 31 Jan 1992 p. 477)

Road Traffic (Bicycle Helmets) Amendment Act 1991

46 of 1991

17 Dec 1991

17 Dec 1991 (see s. 2)

Road Traffic Amendment (Power Assisted Pedal Cycles) Act 1991

50 of 1991

17 Dec 1991

s. 1 and 2: 17 Dec 1991;
Act other than s. 1 and 2: 24 Dec 1991 (see s. 2 and Gazette 24 Dec 1991 p. 6395)

Criminal Law Amendment Act 1992 Pt. 3

1 of 1992

7 Feb 1992

9 Mar 1992 (see s. 2)

Road Traffic Amendment Act 1992

13 of 1992

16 Jun 1992

16 Jun 1993 (see s. 2)

Road Traffic (Fees for Vehicle Licences) Regulations 1992 published in Gazette 21 Aug 1992 p. 4162-6

21 Aug 1992

Road Traffic (Fees for Vehicle Licences) Regulations (No. 2) 1992 published in Gazette 13 Nov 1992 p. 5591-2

13 Nov 1992

Financial Administration Legislation Amendment Act 1993 s. 6 and 11

6 of 1993

27 Aug 1993

s. 11: 1 Jul 1993 (see s. 2(1));
s. 6: 27 Aug 1993 (see s. 2(2))

Acts Amendment (Vehicles on Roads) Act 1994 Pt. 3

13 of 1994

15 Apr 1994

17 May 1994 (see s. 2 and Gazette 17 May 1994 p. 2065)

Taxi Act 1994 s. 48

83 of 1994

20 Dec 1994

10 Jan 1995 (see s. 2 and Gazette 10 Jan 1995 p. 73)

Acts Amendment (Fines, Penalties and Infringement Notices) Act 1994 Pt. 19

92 of 1994

23 Dec 1994

1 Jan 1995 (see s. 2(1) and Gazette 30 Dec 1994 p. 7211)

Reprint of the Road Traffic Act 1974 as at 1 Jun 1995 (includes amendments listed above)

Road Traffic Amendment Act 1995

21 of 1995

13 Jul 1995

s. 1 and 2: 13 Jul 1995;
Act other than s. 1 and 2: 25 Nov 1995 (see s. 2 and Gazette 24 Nov 1995 p. 5390)

Acts Amendment (Vehicle Licences) Act 1995 Pt. 2

57 of 1995

20 Dec 1995

20 Dec 1995 (see s. 2)

Sentencing (Consequential Provisions) Act 1995 Pt. 71 and s. 147

78 of 1995

16 Jan 1996

4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)

Road Traffic (Fees for Vehicle Licences) Regulations 1996 published in Gazette 24 May 1996 p. 2181-9

24 May 1996

Local Government (Consequential Amendments) Act 1996 s. 4

14 of 1996

28 Jun 1996

1 Jul 1996 (see s. 2)

Consumer Credit (Western Australia) Act 1996 s. 13

30 of 1996

10 Sep 1996

1 Nov 1996 (see s. 2)

Road Traffic Amendment (Measuring Equipment) Act 1996

37 of 1996

27 Sep 1996

27 Sep 1996 (see s. 2)

Financial Legislation Amendment Act 1996 s. 27(3) and 64

49 of 1996

25 Oct 1996

25 Oct 1996 (see s. 2)

Road Traffic Amendment Act 1996 14, 15

76 of 1996
(as amended by No. 49 of 1996 s. 27(4); No. 54 of 2006 s. 43(2))

14 Nov 1996

s. 1 and 2: 14 Nov 1996;
Act other than s. 1, 2 and 8(3): 1 Feb 1997 (see s. 2 and Gazette 31 Jan 1997 p. 613)

Road Traffic (Fees for Vehicle Licences) Regulations (No. 2) 1996 published in Gazette 17 Dec 1996 p. 7014-15

17 Dec 1996

Reprint of the Road Traffic Act 1974 as at 25 Mar 1997 (includes amendments listed above)

Road Traffic (Fees for Vehicle Licences) Regulations 1997 published in Gazette 13 May 1997 p. 2344-9

13 May 1997

Road Traffic Amendment Act 1997 16

50 of 1997

12 Dec 1997

s. 1 and 2: 12 Dec 1997;
Act other than s. 1 and 2: 1 Jan 1998 (see s. 2 and Gazette 23 Dec 1997 p. 7400)

Statutes (Repeals and Minor Amendments) Act 1997 s. 106

57 of 1997

15 Dec 1997

15 Dec 1997 (see s. 2(1))

Road Traffic (Fees for Vehicle Licences) Regulations 1998 published in Gazette 12 May 1998 p. 2799-800

15 May 1998 (see r. 2)

Road Traffic (Fees for Vehicle Licences) Regulations (No. 2) 1998 published in Gazette 3 Jul 1998 p. 3603-4

3 Jul 1998 (see r. 2)

Road Traffic Amendment Act 1998

52 of 1998

7 Dec 1998

7 Dec 1998 (see s. 2)

Perth Parking Management (Consequential Provisions) Act 1999 s. 7(4)

16 of 1999

19 May 1999

7 Aug 1999 (see s. 2 and Gazette 6 Aug 1999 p. 3727)

Road Traffic (Fees for Vehicle Licences) Regulations 1999 published in Gazette 25 May 1999 p. 2070-1

25 May 1999 (see r. 2)

Revenue Laws Amendment (Assessment) Act 1999 Pt. 3

24 of 1999

29 Jun 1999

1 Jul 1999 (see s. 2(3))

Reprint of the Road Traffic Act 1974 as at 17 Sep 1999 (includes amendments listed above)

School Education Act 1999 s. 247

36 of 1999

2 Nov 1999

1 Jan 2001 (see s. 2 and Gazette 29 Dec 2000 p. 7904)

Acts Amendment (Police Immunity) Act 1999 s. 9

42 of 1999

25 Nov 1999

25 Nov 1999 (see s. 2)

Road Traffic (Fees for Vehicle Licences) Regulations 2000 published in Gazette 17 May 2000 p. 2421-3

31 May 2000 (see r. 2 and Gazette 17 May 2000 p. 2426)

Statutes (Repeals and Minor Amendments) Act 2000 s. 39 and 55

24 of 2000

4 Jul 2000

4 Jul 2000 (see s. 2)

Road Traffic Amendment
Act 2000 Pt. 2 17-20

39 of 2000
(as amended by No. 5 of 2002 s. 15; No. 45 of 2002 s. 28(2);
No. 84 of 2004 s. 80 (cl. 124))

10 Oct 2000

s. 3, 17(1), 34-37 and 47(3): 30 Jan 2001 (see s. 2 and Gazette 30 Jan 2001 p. 615);
s. 18, 23, 24, 27, 29 and 48 and Sch. 1 (except cl. 3 and 5): 5 Feb 2001 (see s. 2 and Gazette 30 Jan 2001 p. 615);
s. 19-22, 25, 26, 28 and 45 and Sch. 1 cl. 3 and 5: 7 May 2001 (see s. 2 and Gazette 23 Mar 2001 p. 1665);
Proclamation of 9 Feb 2001 p. 767 revoked (see Gazette 23 Mar 2001 p. 1665);
s. 6 repealed by No. 5 of 2002 s. 15;
s. 4, 5, 7-16, 17(2), 30-33, 38-44, 46, 47(1), (2) and (4): 1 Jan 2006 (see s. 2 and Gazette 23 Dec 2005 p. 6244-5)

Acts Amendment (Fines Enforcement and Licence Suspension) Act 2000 Pt. 3

51 of 2000

28 Nov 2000

5 Feb 2001 (see s. 2 and Gazette 30 Jan 2001 p. 615)

Road Traffic (Fees for Vehicle Licences) Regulations 2001 published in Gazette 29 Jun 2001 p. 3247

29 Jun 2001 (see r. 2)

Road Traffic (Fees for Vehicle Licences) Regulations (No. 2) 2001 published in Gazette 14 Aug 2001 p. 4256-8

14 Aug 2001 (see r. 2)

Reprint of the Road Traffic Act 1974 as at 19 Oct 2001 (includes amendments listed above except those in the Road Traffic Amendment Act 2000 s. 4-16, 17(2), 30-33, 38-44, 46, 47(1), (2) and (4))

Road Traffic Amendment Act 2001

27 of 2001

21 Dec 2001

s. 1 and 2: 21 Dec 2001;
Act other than s. 1 and 2: 10 Aug 2002 (see s. 2 and Gazette 9 Aug 2002 p. 3853-4)

Road Traffic Amendment (Vehicle Licensing) Act 2001 Pt. 2

28 of 2001 (as amended by No. 45 of 2002 s. 29(2))

21 Dec 2001

4 Dec 2006 (see s. 2 and Gazette 28 Nov 2006 p. 4889)

Road Traffic (Fees for Vehicle Licenses) Regulations 2002 published in Gazette 17 May 2002 p. 2558-60

17 May 2002 (see r. 2)

Motor Vehicle Dealers Amendment Act 2002 s. 72

4 of 2002

4 Jun 2002

1 Sep 2002 (see s. 2 and Gazette 13 Aug 2002 p. 4151)

Road Safety Council Act 2002 s. 15

5 of 2002

4 Jun 2002

1 Jul 2002 (see s. 2(1) and Gazette 1 Jul 2002 p. 3205)

Machinery of Government (Planning and Infrastructure) Amendment Act 2002 Pt. 7 4

7 of 2002

19 Jun 2002

1 Jul 2002 (see s. 2 and Gazette 28 Jun 2002 p. 3037)

Taxation Administration (Consequential Provisions) Act 2002 s. 27 21

45 of 2002

20 Mar 2003

1 Jul 2003 (see s. 2(1) and (2) and Gazette 27 Jun 2003 p. 2383)

Nurses Amendment Act 2003 Pt. 3 Div. 7

9 of 2003

9 Apr 2003

9 Apr 2003 (see s. 2)

Road Traffic (Fees for Vehicle Licences) Regulations 2003 published in Gazette 20 May 2003 p. 1804-6

31 May 2003 (see r. 2)

Sentencing Legislation Amendment and Repeal Act 2003 Pt. 3 and s. 92

50 of 2003

9 Jul 2003

Pt. 3: 30 Aug 2003 (see s. 2 and Gazette 29 Aug 2003 p. 3833);
s. 92: 15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445)

Statutes (Repeals and Minor Amendments) Act 2003 s. 105 22

74 of 2003

15 Dec 2003

15 Dec 2003 (see s. 2)

Criminal Code Amendment Act 2004 s. 58

4 of 2004

23 Apr 2004

21 May 2004 (see s. 2)

Road Traffic (Fees for Vehicle Licences) Regulations 2004 published in Gazette 28 May 2004 p. 1843-5

31 May 2004 (see r. 2)

Road Traffic Amendment Act 2004

6 of 2004

10 Jun 2004

10 Jun 2004 (see s. 2)

Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2004

10 of 2004

23 Jun 2004

s. 1 and 2: 23 Jun 2004;
Act other than s. 1 and 2: 4 Sep 2004 (see s. 2 and Gazette 3 Sep 2004 p. 3849)

Reprint 8: The Road Traffic Act 1974 as at 16 Jul 2004 (includes amendments listed above except those in the Road Traffic Amendment Act 2000 s. 4, 5, 7-16, 17(2), 30-33, 38-44, 46, 47(1), (2) and (4), Road Traffic Amendment (Vehicle Licensing) Act 2001 and the Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2004)

Road Traffic Amendment (Dangerous Driving) Act 2004 23

44 of 2004

9 Nov 2004

s. 1 and 2: 9 Nov 2004;
Act other than s. 1 and 2: 1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7132)

Courts Legislation Amendment and Repeal Act 2004 s. 141 24

59 of 2004 (as amended by No. 2 of 2008 s. 77(13))

23 Nov 2004

1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)

State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 115 25

55 of 2004

24 Nov 2004

1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)

Criminal Law Amendment (Simple Offences) Act 2004 s. 82

70 of 2004

8 Dec 2004

31 May 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163)

Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 78, 80 and 82

84 of 2004

16 Dec 2004

2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))

Road Traffic (Fees for Vehicle Licences) Regulations (No. 2) 2004 published in Gazette 24 Dec 2004 p. 6255

1 Feb 2005 (see r. 2)

Road Traffic (Fees for Vehicle Licences) Regulations 2005 published in Gazette 27 May 2005 p. 2306-8

31 May 2005 (see r. 2)

Reprint 9: The Road Traffic Act 1974 as at 10 Mar 2006 (includes amendments listed above except those in the Road Traffic Amendment (Vehicle Licensing) Act 2001)

Road Traffic (Fees for Vehicle Licences) Regulations 2006 published in Gazette 26 May 2006 p. 1885-8

31 May 2006 (see r. 2)

Nurses and Midwives Act 2006 s. 114

50 of 2006

6 Oct 2006

19 Sep 2007 (see s. 2 and Gazette 18 Sep 2007 p. 4711)

Road Traffic Amendment Act 2006 Pt. 2 26-28

54 of 2006

26 Oct 2006

s. 27: 7 Jul 2007 (see s. 2 and Gazette 6 Jul 2007 p. 3385);
s. 19: 11 Oct 2007 (see s. 2 and Gazette 11 Oct 2007 p. 5475);
Pt. 2 (other than s. 19 and 27): 30 Jun 2008 (see s. 2 and Gazette 10 Jun 2008 p. 2471)

Financial Legislation Amendment and Repeal Act 2006 s. 4

77 of 2006

21 Dec 2006

1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)

Road Traffic Amendment Act 2007

4 of 2007

11 Apr 2007

s. 1 and 2: 11 Apr 2007;
Act other than s. 1 and 2: 1 May 2007 (see s. 2 and Gazette 27 Apr 2007 p. 1831)

Road Traffic Amendment (Drugs) Act 2007 Pt. 2

6 of 2007

23 May 2007

12 Oct 2007 (see s. 2 and Gazette 11 Oct 2007 p. 5475)

Chemistry Centre (WA) Act 2007 s. 43

10 of 2007

29 Jun 2007

1 Aug 2007 (see s. 2(1) and Gazette 27 Jul 2007 p. 3735)

Road Traffic Amendment Act (No. 2) 2007 Pt. 2 (except s. 27-30)

39 of 2007

21 Dec 2007

Pt. 2 Div. 6: 22 Dec 2007 (see s. 2(j));
Pt. 2 (other than s. 6(2)(b)(ii), 17, 18 & 25 and Div. 4, 5 & 6): 15 Mar 2008 (see s. 2(b)-(j) and Gazette 14 Mar 2008 p. 829);
Pt. 2 s. 6(2)(b)(ii): 15 Mar 2008 (see s. 2(c));
Pt. 2 s. 17, 18 and 25: 30 Jun 2008 (see s. 2(d)-(f));
Pt. 2 (s. 26) and Pt. 2 Div. 5: 1 Jul 2008 (see s. 2(g)-(i) and Gazette 27 Jun 2008 p. 3117)

Acts Amendment (Justice) Act 2008 s. 131

5 of 2008

31 Mar 2008

30 Sep 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253)

Duties Legislation Amendment Act 2008 s. 52

12 of 2008

14 Apr 2008

1 Jul 2008 (see s. 2(d))

Medical Practitioners Act 2008 s. 162

22 of 2008

27 May 2008

1 Dec 2008 (see s. 2 and Gazette 25 Nov 2008 p. 4989)

Road Traffic Amendment Act 2008

24 of 2008

13 Jun 2008

s. 1 and 2: 13 Jun 2008 (see s. 2(1)(a));
Act other than s. 1, 2 5(a) and 8: 19 Jul 2008 (see s. 2(1)(b) and Gazette 18 Jul 2008 p. 3329);
s. 5(a) and 8: 1 Jul 2009 (see s. 2(1)(b) and (2) and Gazette 23 Jun 2009 p. 2423)

Criminal Law Amendment (Homicide) Act 2008 s. 38 

29 of 2008

27 Jun 2008

1 Aug 2008 (see s. 2(d) and Gazette 22 Jul 2008 p. 3353)

Reprint 10: The Road Traffic Act 1974 as at 3 Oct 2008 (includes amendments listed above, except those in the Medical Practitioners Act 2008 s. 162 and the Road Traffic Amendment Act 2008 s. 5(a) and 8)

1M Under the Cross-border Justice Act 2008 section 14, in order to give effect to that Act, this Act must be applied with the modifications prescribed by the Cross-border Justice Regulations 2009 Part 3 Division 6 as if this Act had been altered in that way. If a modification is to replace or insert a numbered provision, the new provision is identified by the superscript 1M appearing after the provision number. If a modification is to replace or insert a definition, the new definition is identified by the superscript 1M appearing after the defined term.

1a On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title

Number and year

Assent

Commencement

Road Traffic Amendment Act (No. 2) 2007 Pt. 2 Div. 4 (s. 27-30) 29

39 of 2007

21 Dec 2007

To be proclaimed (see s. 2(g))

Road Traffic Amendment (Hoons) Act 2009 Pt. 2 30

23 of 2009

6 Oct 2009

To be proclaimed (see s. 2(1)(b) and (2))

2 Repealed by the Nurses and Midwives Act 2006.

3 Repealed by the Interpretation Act 1984.

4 The Machinery of Government (Planning and Infrastructure) Amendment Act 2002 s. 67-69 read as follows:

“
67. Agreements under former Transport Co-ordination Act 1966 section 15C

(1) To the extent that, immediately before the commencement of this Act, an agreement under the former section 15C made provision about the performance of functions of the former Director General under a relevant Act, the agreement continues, when this Act comes into operation, as an agreement under the new provision of the relevant Act.

(2) To the extent that the agreement continues under subsection (1), it applies as if —

(a) instead of being made by the Minister referred to in the former section 15C, the agreement had been made by the Director General referred to in the new provision of the relevant Act; and

(b) instead of providing for the performance of functions of the former Director General, the agreement made similar provision for the performance of the corresponding functions of the Director General referred to in the new provision of the relevant Act.

(3) In this section —

former Director General means the Director General of Transport under the Transport Co-ordination Act 1966 section 8 as in force before it was repealed by this Act;

former section 15C means the Transport Co-ordination Act 1966 section 15C as in force before it was repealed by this Act;

new provision means —

(a) the Control of Vehicles (Off-road Areas) Act 1978 section 4B;

(b) the Motor Vehicle Drivers Instructors Act 1963 section 4A;

(c) the Motor Vehicle (Third Party Insurance) Act 1943 section 3QA; or

(d) the Road Traffic Act 1974 section 6B;

relevant Act means —

(a) the Control of Vehicles (Off-road Areas) Act 1978;

(b) the Motor Vehicle Drivers Instructors Act 1963;

(c) the Motor Vehicle (Third Party Insurance) Act 1943; or

(d) the Road Traffic Act 1974.

68. Delegations under former Transport Co-ordination Act 1966 section 18

(1) To the extent that, immediately before the commencement of this Act, a delegation under the former section 18 applied to the performance of functions or powers of the former Director General under a relevant Act, the delegation continues, when this Act comes into operation, as a delegation under the new provision of the relevant Act.

(2) To the extent that the delegation continues under subsection (1), it applies as if —

(a) instead of being made by the former Director General, the delegation had been made by the Director General referred to in the new provision of the relevant Act;

(b) instead of delegating the performance of functions of the former Director General, the performance of the corresponding functions of the Director General referred to in the new provision of the relevant Act were delegated; and

(c) any Ministerial approval that would have been required in order for the delegation to be made under the new provision of the relevant Act had been given.

(3) In this section —

former Director General means the Director General of Transport under the Transport Co-ordination Act 1966 section 8 as in force before it was repealed by this Act;

former section 18 means the Transport Co-ordination Act 1966 section 18 as in force before it was amended by this Act;

new provision means —

(a) the Control of Vehicles (Off-road Areas) Act 1978 section 4A;

(b) the Motor Vehicle Drivers Instructors Act 1963 section 4;

(c) the Motor Vehicle (Third Party Insurance) Act 1943 section 3QB;

(d) the Rail Safety Act 1998 section 57A;

(e) the Road Traffic Act 1974 section 6A; or

(f) the Transport Co-ordination Act 1966 section 18;

relevant Act means —

(a) the Control of Vehicles (Off-road Areas) Act 1978;

(b) the Motor Vehicle Drivers Instructors Act 1963;

(c) the Motor Vehicle (Third Party Insurance) Act 1943;

(d) the Rail Safety Act 1998;

(e) the Road Traffic Act 1974; or

(f) the Transport Co-ordination Act 1966.

69. Regulations about transitional matters

(1) If there is no sufficient provision in this Act for dealing with a transitional matter, regulations under an Act amended by this Act may include any provision that is required, or is necessary or convenient, for dealing with the transitional matter.

(2) In subsection (1) —

transitional matter means a matter that needs to be dealt with for the purpose of effecting the transition from the provisions of the Acts amended by this Act as in force before this Act comes into operation to the provisions of those Acts as in force after this Act comes into operation.

(3) Regulations including a provision described in subsection (1) may be expressed to have effect before the day on which they are published in the Gazette.

(4) To the extent that a regulation including a provision described in subsection (1) may have effect before the day of its publication in the Gazette, it does not —

(a) affect in a manner prejudicial to any person (other than the State or an agency of the State), the rights of that person existing before the day of its publication; or

(b) impose liabilities on any person (other than the State or an agency of the State) in respect of anything done or omitted to be done before the day of its publication.

”.

5 The Road Traffic Amendment Act (No. 2) 1982 s. 30 and 31 deleted s. 16(a), (b) and (c) and repealed s. 23 of the Road Traffic Act Amendment Act 1978.

6 The Road Traffic Amendment Act (No. 2) 1980 s. 10(2) reads as follows:

“
(2) A traffic sign or traffic control signal or similar device purported to have been erected for the purposes of the principal Act and the regulations made thereunder before the coming into operation of this section shall be and always have been a valid and effective traffic sign, traffic control signal, or device for those purposes.

”.

7 The Road Traffic Amendment Act (No. 2) 1982 s. 21(2) is a transitional provision that is of no further effect.

8 The Road Traffic Amendment Act (No. 2) 1987 s. 10(2) reads as follows:

“
(2) A certificate that was in force under section 72(3)(b) of the principal Act immediately before the commencement of subsection (1)(d) shall have effect after that commencement as if it certified the person named in the certificate as being competent to operate all types of breath analysing equipment.

”.

9 Section 11(b) of this Act had not come into operation when it was deleted by the Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 112.

10 The Road Traffic Amendment Act 1988 s. 17(2) and (3) read as follows:

“
(2) In subsection (3) the relevant regulations means any regulations purporting to have been made under the principal Act before 1 July 1984 that would have been authorised under section 43(7) or (8) of the Interpretation Act 1984 if they had been made on or after 1 July 1984.

(3) The principal Act as enacted from time to time before 1 July 1984 is deemed to have authorised the making of the relevant regulations and those regulations shall be deemed to have taken effect and had the force of law accordingly.

”.

11 The Road Traffic Amendment (Random Breath Tests) Act 1989 s. 4 and the Road Traffic Amendment Act 1996 s. 41 amended the Road Traffic Amendment (Random Breath Tests) Act 1988 s. 5 which was repealed by the Road Traffic Amendment Act 2000 s. 67.

12 The Acts Amendment (Chemistry Centre (WA)) Act 1990 s. 9 and 10 read as follows:

“
9. Saving of certificates and labels

A certificate or label issued under the principal Act that purports to have been signed by the director of the Government Chemical Laboratories or prepared by the Government Chemical Laboratories before the commencement of this Act shall continue to have effect as if this Act had not come into operation.

10. Validation

Every act or thing purporting to have been done by the Director or any other officer of the Chemistry Centre (WA) under the principal Act before the commencement of this Act that would have been lawful if this Act had been in force at the time when it was done is hereby validated and declared to have been lawfully done.

”.

13 The Criminal Law Amendment Act 1991 it. 1(2) of Pt. A of the Sch. reads as follows:

“
(2) Notwithstanding subclause (1), section 59(2), as it was immediately before the commencement of this clause, continues to apply in relation to —

(a) any death that occurred before the commencement of this clause; and

(b) any death that occurs after the commencement of this clause if the driving which directly or indirectly causes the death occurs not less than a year and a day before the commencement of this clause.

”.

14 The Road Traffic Amendment Act 1996 s. 52 reads as follows:

“
52. Actions of delegates validated

(1) Anything done before the commencement of this section by a person acting under any delegation purporting to have been made by the Traffic Board under any written law, is as valid and has the same force and effect, and is to be regarded as having always been as valid and had the same force and effect, as if it had been done by the Traffic Board.

(2) In subsection (1) —

Traffic Board means the Traffic Board constituted under section 6 of the Road Traffic Act 1974 as it was before the commencement of this Act.

”.

15 The Road Traffic Amendment Act 1996 s. 8(3) was repealed by the Road Traffic Amendment Act 2006 s. 43(2).

16 The amendment to s. 20(2) referred to in the Road Traffic Amendment Act 1997 s. 13 did not come into operation because of an error in the reference to the provision to be amended.

17 The Road Traffic Amendment Act 2000 s. 48, which gives effect to Sch. 1, reads as follows:

“
48. Savings and transitional

Schedule 1 has effect.

”.

Schedule 1 reads as follows:

“

Schedule 1 — Savings and transitional

[s. 48]

1. Interpretation

In this Part —

commencement day means the day on which this Act comes into operation under section 2.

2. Section 18 amendments have no effect in relation to certain applications

The amendments made by section 18 have no effect in relation to an application for a driver’s licence by a person who holds a permit issued under section 48C of the Road Traffic Act 1974 before the commencement day.

3. Licences to drive vehicles formerly classified by reference to use

If —

(a) immediately before the commencement day, a person was the holder of a driver’s licence authorising the person to drive a motor vehicle classified under section 43(2) by reference to the purpose for which or manner in which it is being used; and

(b) on and after the commencement day the purpose or manner is prohibited by regulations under section 43(1)(aa) of the Road Traffic Act 1974,

the licence, or any new class of licence held by the person under section 43(1)(e) of the Road Traffic Act 1974, is to be regarded as having been endorsed to confer the authority to drive for that purpose or in that manner.

4. Section 23 amendments have effect only in relation to licences issued after commencement

The amendments made by section 23 have effect only in relation to a driver’s licence issued after the commencement day.

5. Duplicate licences

If —

(a) after the commencement day a person applies for a duplicate of a driver’s licence under section 48B of the Road Traffic Act 1974; and

(b) the licence was issued before the commencement day without the photograph and signature of the licence holder,

then section 42B of the Road Traffic Act 1974 applies to the issue of the duplicate as if it were the issue of a driver’s licence.

”.

18 The amendment in the Road Traffic Amendment Act 2000 s. 16(2) to amend s. 25(2) is not included because the subsection it sought to amend had been repealed by the State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 s. 1062(2).

19 The amendments in the Road Traffic Amendment Act 2000 s. 33 to amend —

s. 59(1a) is not included because the subsection it sought to amend had been repealed by the Criminal Code Amendment Act 2004 Sch. 3 cl. 27(3);

s. 59(3) is not included because the subsection it sought to amend had been amended by the Road Traffic Amendment (Dangerous Driving) Act 2004 s. 5(3).

20 The amendment in the Road Traffic Amendment Act 2000 s. 39 to amend s. 89 is not included because the section it sought to amend had been repealed by the Criminal Law Amendment (Simple Offences) Act 2004 s. 82.

21 The Taxation Administration (Consequential Provisions) Act 2002 s. 30 and 32 will not come into operation (see s. 2(2)).

22 The amendment in the Statutes (Repeals and Minor Amendments) Act 2003 s. 105(4) is not included because the section it sought to amend had been replaced by the Sentencing Legislation Amendment and Repeal Act 2003 s. 28.

23 The Road Traffic Amendment (Dangerous Driving) Act 2004 s. 12 reads as follows:

“
12. Review

(1) The Minister is to carry out a review of the operations and effectiveness of the amendments made to the Road Traffic Act 1974 by this Act as soon as is practicable after the expiry of 18 months from the commencement of the Road Traffic Amendment (Dangerous Driving) Act 2004.

(2) The Minister is to prepare a report based on the review carried out under subsection (1) and is to cause that report to be laid before each House of Parliament as soon as practicable.

”.

24 The Courts Legislation Amendment and Repeal Act 2004 Sch. 2 cl. 46 was repealed by the Criminal Law and Evidence Amendment Act 2008 s. 77(13).

25 The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167 and 169, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues some of which may be relevant for this Act.

26 The amendment in the Road Traffic Amendment Act 2006 —

s. 15(a) to amend the Table to s. 64(2) is not included because the subsection it sought to amend had been amended by the Road Traffic Amendment Act (No. 2) 2007 s. 6.

s. 22(9) to amend s. 76 is not included because the subsection it sought to amend had been amended by the Road Traffic Amendment (Vehicle Licensing) Act 2001 s. 23.

27 The Road Traffic Amendment Act 2006 s. 35(2) and Pt. 3 read as follows:

“

35. Sections 111AA and 111AB inserted and saving

(2) A declaration under section 103A of the Road Traffic Act 1974 or regulation under section 103B of that Act made before the commencement of this section is to have effect after the commencement of this section as if it was made under section 111AA or 111AB, as the case requires, of that Act.

Part 3 — Transitional provision

36. Existing demerit points

Points currently recorded in respect of a person under section 103 of the Road Traffic Act 1974 immediately before that section is repealed by section 29, and details of any offence in respect of which the points were recorded, are to be recorded as demerit points against the person in the demerit points register referred to in Part VIA of the Road Traffic Act 1974 as inserted by section 31.

”.

28 The Road Traffic Amendment Act 2006 Pt. 4 Div. 4 will not be included because the Road Traffic Amendment (Vehicle Licensing) Act 2001 has already commenced (see s. 45-48).

29 On the date as at which this compilation was prepared, the Road Traffic Amendment Act (No. 2) 2007 Pt. 2 Div. 4 had not come into operation. It reads as follows:

“

Part 2 — Road Traffic Act 1974 amended

Division 4 — Amendments about graduated demerit point system for novice drivers

27. Section 104IA inserted

After section 104I the following section is inserted —

“

104IA. Excessive demerit points (novice driver) notice

(1) In this section —

post-commencement demerit points means current demerit points other than those recorded for an offence committed before the day on which the Road Traffic Amendment Act (No. 2) 2007 section 27 comes into operation.

(2) If the number of post-commencement demerit points recorded in the demerit points register against a novice driver (type 1) reaches at least 4, or against a novice driver (type 2) reaches at least 8, the Director General is to give the novice driver, in accordance with section 104R, an excessive demerit points (novice driver) notice stating —

(a) the day on which that number of post-commencement demerit points was reached; and

(b) the number of post-commencement demerit points reached on that day; and

(c) that the period of disqualification is 3 months; and

(d) that the period of disqualification will commence on the day after the notice is given or a later day specified in the notice.

(3) Post-commencement demerit points recorded against the person in the demerit points register on or before the day on which, according to the notice, the stated number of demerit points was reached are cancelled.

(4) The person to whom the notice is given is disqualified from holding or obtaining a driver’s licence for the period of 3 months specified in the notice.

(5) Nothing in this section prevents the day on which the period of disqualification commences from being postponed under section 104M.

(6) Regulations referred to in section 104O(7) may provide for all or some of the post-commencement demerit points cancelled under subsection (3) to be again recorded against the person.

(7) Nothing in this section prevents section 104I from applying to a novice driver.

”.

28. Section 104J amended

Section 104J(2) is amended by deleting the full stop at the end of the subsection and inserting instead —

“ and must not be a novice driver. ”.

29. Section 104O amended

(1) Section 104O(2) is amended as follows:

(a) before paragraph (e), by inserting —

“

(da) the day on which an excessive demerit points (novice driver) notice was given, and the number of demerit points and period of disqualification stated in it; and

”;

(b) after each of paragraphs (a) to (f), by inserting —

“ and ”.

(2) Section 104O(4) is amended by inserting after paragraph (a) —

“ or ”.

30. Section 104R amended

Section 104R(1) is amended by inserting before paragraph (b) —

“

(aa) an excessive demerit points (novice driver) notice; or

”.
”.

30 On the date as at which this compilation was prepared, the Road Traffic Amendment (Hoons) Act 2009 Pt. 2 had not come into operation. It reads as follows:


Part 2 — Road Traffic Act 1974 amended

3. Act amended

This Part amends the Road Traffic Act 1974.

4. Section 23A amended

After section 23A(2) insert:


(3) If requested under section 79BD to do so, the Director General must, in accordance with the request —

(a) suspend the licence in respect of a vehicle; or

(b) revoke the suspension of the licence in respect of a vehicle.


Note: The heading to amended section 23A is to read:

Cancellation or suspension of vehicle licence in certain circumstances

5. Section 60 amended

(1) After section 60(1c) insert:


(1D) A member of the Police Force who reasonably suspects that a person has committed an offence against this section may, without a warrant, arrest the person.


(2) In section 60(2) delete “section 61 or 62.” and insert:


section 61 or 62 or, if the charge is of an offence against subsection (1), an offence against section 62A.


6. Section 61 amended

In section 61(2) delete “section 62.” and insert:


section 62 or 62A.


7. Section 78A amended

(1) In section 78A delete the definitions of:

circumstances of aggravation

impounding offence (driver’s licence)

impounding offence (driving)

(2) In section 78A insert in alphabetical order:


day of the offence means the day on which the relevant offence was committed;

impounding offence (driver’s licence) means —

(a) an offence against section 49(1)(a) that is committed by a person described in section 49(3)(a), (b) or (c); or

(b) an offence against section 77(1)(a); or

(c) an offence committed before the coming into operation of the Road Traffic Amendment Act 2008 section 5(a) that was an impounding offence (driver’s licence) as defined in this section as in force when the offence was committed;

impounding offence (driving) means an offence against section 60 or 62A committed after the coming into operation of the Road Traffic Amendment (Hoons) Act 2009 section 7 or an offence committed before the coming into operation of that section that was an impounding offence (driving) as defined in this section as in force when the offence was committed;


(3) In section 78A in the definition of impounding or confiscation order delete “80(1),”.

(4) In section 78A in the definition of impounding order delete “80(1),”.

(5) In section 78A in the definition of impounding period after “vehicle is” insert:


specified to be


8. Section 78C amended

(1) In section 78C(1) delete “or 79A” and insert:


or 79A(1)


(2) After section 78C(1) insert:


(2A) A member of the Police Force may take possession of a vehicle for the purpose of impounding it by operation of section 79BB(2).


(3) In section 78C(2) —

(a) after “effect to” insert:


the impounding of a vehicle by operation of section 79BB(2) or


(b) delete “a vehicle that is the subject of the order — ” and insert:


the vehicle concerned —


(4) In section 78C(3):

(a) in paragraph (a) delete “79A; or” and insert:


79A(1); or


(b) after paragraph (a) insert:


(ba) impounded, or to be impounded, by operation of section 79BB(2); or


(5) Delete section 78C(4) and insert:


(4) If a member of the Police Force reasonably suspects that the keys to a vehicle referred to in subsection (3)(ba) or (b) are, or the vehicle is, in any premises, the member may, without a warrant, at any time, enter the premises for either or both of the following purposes —

(a) seizing the keys;

(b) driving, towing or otherwise conveying the vehicle to a place where the vehicle is to be stored.


9. Section 78D amended

In section 78D:

(a) in paragraph (a) delete “section 79(1) or 79A or” and insert:


section 79(1), 79A(1) or 79BB or


(b) after paragraph (a) insert:


(ba) the surrender of vehicles under this Division;


(c) delete paragraph (b) and insert:


(b) the storage and the release of vehicles that are, or have been, impounded or confiscated under this Division;


(d) after paragraph (b) insert:


(ca) the sale or other disposal of vehicles or items under section 80J;


10. Section 78E amended

In section 78E delete “80H or 80K” and insert:


80H, 80K or 80LA


Note: The heading to amended section 78E is to read:

Recovery of expenses owed to Commissioner

11. Section 79 amended

(1) Delete section 79(1) and insert:


(1A) In this section —

previous offender means a person —

(a) who has previously been convicted of an impounding offence (driving); or

(b) against whom a charge of an impounding offence (driving) is pending;

surrender notice has the meaning given in section 79BA.

(1) If a member of the Police Force reasonably suspects that, while driving a vehicle, the driver has committed an impounding offence (driving), the member must, unless in the circumstances it is impracticable to do so, impound the vehicle within a period of 28 days after the day of the offence.


(2) In section 79(2):

(a) in paragraph (a) delete “the 7th day” and insert:


the 28th day


(b) delete paragraph (b) and insert:


(b) if, under subsection (3A), the member of the Police Force specifies that the length of the impounding period is to be 3 months, on the last day of the period of 3 months commencing on the day after the day on which the vehicle was impounded;


(c) in paragraph (c) delete “the 28th day after the day on which the vehicle is” and insert:


the last day of the period of 3 months commencing on the day after the day on which the vehicle was


(3) Delete section 79(3) and insert:


(3A) If, at the time of impounding the vehicle, the member of the Police Force reasonably believes that the driver of the vehicle is a previous offender, the member must specify that the length of the impounding period is to be 3 months.

(3B) An impounding period the length of which is specified as 28 days or 3 months under this section, or in a surrender notice for which subsection (1) of this section is the impounding provision, includes the part of the day on which the vehicle is impounded that is after the impounding occurred even though including that part of the day makes the period more than 28 days or 3 months, as the case requires.

(3) If the driver of the vehicle is a previous offender but the member of the Police Force does not specify under subsection (3A) that the length of the impounding period is to be 3 months, the Commissioner must, on being satisfied that the driver is a previous offender, extend the impounding period to end on the last day of the period of 3 months commencing on the day after the day on which the vehicle was impounded.


12. Section 79A replaced

Delete section 79A and insert:


79A. Impounding of vehicle for impounding offence (driver’s licence)

(1) If a member of the Police Force reasonably suspects that, while driving a vehicle, the driver has committed an impounding offence (driver’s licence), the member must, unless in the circumstances it is impracticable to do so, impound the vehicle within a period of 28 days after the day of the offence.

(2) The period for which the vehicle is impounded ends on the 28th day after the day on which the vehicle is impounded.

79BA. Notice to surrender vehicle for impoundment

(1) This section applies if —

(a) a member of the Police Force (the member) suspects that the driver of a vehicle (the vehicle) has committed an offence (the offence); and

(b) the member —

(i) would have been required by section 79(1) or 79A(1) (the impounding provision) to impound the vehicle if it had been practicable to do so but, because it was impracticable, the vehicle was not impounded; or

(ii) is required by section 79(1) or 79A(1) (the impounding provision) to impound the vehicle but by the time the member forms the necessary suspicion the impounding can most conveniently be achieved by giving a notice under this section.

(2) If this section applies the member may give to a responsible person for the vehicle, personally or by registered post, a notice in accordance with this section (a surrender notice).

(3) The surrender notice cannot be given after the expiry of a period of 28 days from the day of the offence.

(4) The surrender notice must contain a statement to the effect that, because the vehicle was used in the commission of the offence, the vehicle is required to be surrendered to the Commissioner for impounding, and the notice must specify —

(a) sufficient details of the vehicle to identify it; and

(b) the time and place at which the offence is suspected to have been committed; and

(c) sufficient other details of the offence to identify the grounds for giving the notice; and

(d) if known, the name of the person who was driving the vehicle when the offence is suspected to have been committed; and

(e) which of sections 79(1) and 79A(1) is the impounding provision; and

(f) if the impounding provision is section 79(1) and the notice is given on the basis that the driver is a previous offender as defined in section 79(1A), sufficient details to explain why the driver is regarded as a previous offender; and

(g) the length of the impounding period, which is to be —

(i) if section 79(1) is the impounding provision, either 28 days or 3 months according to which of those periods is the impounding period for which section 79(1) requires the vehicle to be impounded or would require the vehicle to be impounded if it applied; and

(ii) if section 79A(1) is the impounding provision, 28 days;

and

(h) the place at which, and the time of day during which, the vehicle and its keys are required to be surrendered under this Division; and

(i) the last day on or before which the vehicle and its keys are required to be surrendered, being the 7th day after the day on which the notice is given.

(5) The surrender notice must also include —

(a) a statement to the effect that this Division contains law about the notice and the impounding of the vehicle; and

(b) a statement as to the effect of section 79BB(5); and

(c) a statement to the effect that failure to comply with the notice will result in the vehicle being impounded by operation of section 79BB(2).

79BB. Consequences of surrender notice

(1) If a responsible person for a vehicle who is given a surrender notice surrenders the vehicle according to the notice, the vehicle is impounded by operation of this subsection for a period that commences at the time when the vehicle is surrendered.

(2) If a responsible person for a vehicle who is given a surrender notice fails to surrender the vehicle according to the notice, the vehicle is impounded by operation of this subsection for a period that commences at the time when a member of the Police Force takes possession of the vehicle for the purpose of impounding it.

(3) The time when the period for which a vehicle is impounded by operation of subsection (1) or (2) commences is not required to be within a period of 28 days after the day of the offence.

(4) The period for which a vehicle is impounded by operation of subsection (1) or (2) ends when the impounding period has passed since the end of the day on which the vehicle was impounded.

(5) A responsible person for a vehicle who has been given a surrender notice relating to the vehicle commits an offence and is liable to a fine of 50 PU if, when the vehicle has not been impounded by operation of subsection (1) or (2) as a consequence of the notice, the person disposes of an interest that the person has in the vehicle.

79BC. Effect of resolving pending charge in favour of driver

(1) This section applies if —

(a) because of a pending charge of an impounding offence (driving) against a person (the driver), the person has been regarded under this Subdivision as a previous offender as defined in section 79(1A) (a previous offender); and

(b) the driver is acquitted of or discharged from the charge; and

(c) the driver would not otherwise have been a previous offender.

(2) If the acquittal or discharge occurs when a vehicle has been impounded on the basis that the person is a previous offender but the impounding period that would have applied if the person had not been a previous offender (the shorter impounding period) has not yet elapsed, the impounding period is reduced by this section to the shorter impounding period.

(3) If the acquittal or discharge occurs when a vehicle has been impounded on the basis that the person is a previous offender and the impounding period that would have applied if the person had not been a previous offender (the shorter impounding period) has already elapsed but the vehicle is still impounded, the impounding period is reduced by this section to end on the day on which the acquittal or discharge occurs.

(4) The Commissioner is to ensure that each person, other than the Director General, to whom a notice of the impounding of the vehicle has been given under section 79B is given a notice of a reduction of the impounding period by this section.

(5) Whether the acquittal or discharge occurs while the vehicle is still impounded or not, for calculating a liability under this Division to pay an amount by reference to the expenses incurred by the Commissioner in impounding the vehicle those expenses are limited to expenses that would have been incurred in impounding the vehicle for the shorter impounding period.

(6) A person who has already paid under this Division an amount that exceeds the amount calculated according to subsection (5) is entitled to a refund from the Commissioner of the amount of the excess.

79BD. Suspension of vehicle licence at request of Commissioner

(1) If a responsible person for a vehicle who is given a surrender notice fails to surrender the vehicle according to the notice, the Commissioner may request the Director General to suspend the licence in respect of the vehicle until the vehicle is impounded under this Division or the Commissioner requests the Director General to revoke the suspension.

(2) The Commissioner is required, on being satisfied that a circumstance described in section 79D(2)(a), (b) or (c) exists, to request the Director General to revoke the suspension and may, if for any other reason the Commissioner considers it appropriate to do so, request the Director General to revoke the suspension.

(3) While the licence in respect of a vehicle is suspended according to a request under this section —

(a) the licence is of no effect; and

(b) an application to renew the licence cannot be granted, even if the application was made before the licence was suspended.

(4) The suspension does not extend the period for which the licence may be valid or effective beyond the expiration of the period for which the licence was expressed to be granted or renewed.


13. Section 79B amended

(1) Delete section 79B(1) and insert:


(1) The Commissioner is to ensure that, as soon as practicable after a vehicle is impounded under section 79(1), 79A(1) or 79BB, notice of the impounding is given to —

(a) each responsible person; and

(b) if the driver is not a responsible person, the driver; and

(c) if the licence in respect of the vehicle is for the time being suspended under section 79BD, the Director General.


(2) In section 79B(2):

(a) delete paragraph (ca) and “and” after it and insert:


(ca) if under section 79(3A) the length of the impounding period is specified to be 3 months, the charge or previous conviction because of which the driver was a previous offender as defined in section 79(1A); and

(cb) the vehicle sufficient to identify it; and

(cc) the time and place at which the offence, in the commission of which the vehicle was used, is suspected to have been committed; and

(cd) the offence sufficient to identify the grounds on which the vehicle was impounded; and

(ce) if known, the person who was driving the vehicle when the offence is suspected to have been committed; and

(cf) the length of the impounding period, which is to be —

(i) if section 79(1) is the impounding provision, either 28 days or 3 months according to which of those periods is the impounding period for which section 79(1) requires the vehicle to be impounded or would require the vehicle to be impounded if it applied; and

(ii) if section 79A(1) is the impounding provision, 28 days;

and

(cg) the grounds on which the vehicle may be released under section 79D; and


(b) in paragraph (d) delete “80,”.

(3) In section 79B(4):

(a) in paragraph (c) before “previous conviction” insert:


charge or


(b) in paragraph (d) delete “80,”.


14. Section 79C amended

(1) In section 79C(1):

(a) delete “79A is to” and insert:


79A(1) or gives a surrender notice under section 79BA is to


(b) delete “impounded, of —” and insert:


impounded or the notice is given, as the case requires, of —


(c) in paragraph (a) delete “section 79(1)(a) and (b) or 79A(a) and (b),” and insert:


section 79(1) or 79A(1),


(d) delete paragraph (b) and insert:


(b) if the member specified that the length of the impounding period was to be 3 months, the charge or previous conviction because of which the driver of the vehicle was a previous offender as defined in section 79(1A).


(2) In section 79C(2):

(a) delete “informed by a member of the Police Force of a vehicle impoundment pursuant to subsection (1)” and insert:


informed under subsection (1) by a member of the Police Force of a vehicle impoundment or the giving of a surrender notice


(b) in paragraph (a) delete “section 79(1)(a) and (b) or 79A(a) and (b),” and insert:


section 79(1) or 79A(1),


(c) delete paragraph (b) and insert:


(b) if the member specified that the length of the impounding period was to be 3 months, that there are reasonable grounds for believing that the driver of the vehicle is a previous offender as defined in section 79(1A).


(3) Delete section 79C(3) and insert:


(3) If a senior police officer is not satisfied as required by subsection (2)(a) —

(a) if the vehicle has been impounded, the senior police officer and the member of the Police Force are to take measures to ensure that the vehicle is released from impoundment and returned to a responsible person, or if no responsible person is available, to the driver of the vehicle;

(b) if a surrender notice has been given but the vehicle has not yet been surrendered, the senior police officer is to cancel the notice and immediately notify the person to whom the notice was given that the notice has been cancelled.


(4) In section 79C(4):

(a) delete “the 7th day” and insert:


the 28th day


(b) delete “the impounding.” and insert:


the impounding and, if the vehicle has not yet been impounded, to the person who was given the surrender notice.


15. Section 79D amended

In section 79D(1) in the definition of impounded vehicle delete “section 79(1) or 79A.” and insert:


section 79(1), 79A(1) or 79BB.


16. Section 79E replaced

Delete section 79E and insert:


79E. Liability for expenses of police impounding

If a vehicle is impounded under this Subdivision and a person is convicted of the offence for which the vehicle was impounded, that person is liable to pay to the Commissioner an amount specified by the Commissioner as being equivalent to all expenses reasonably incurred by the Commissioner in impounding the vehicle less —

(a) any amount received by the Commissioner under section 80IB(1); and

(b) any amount received by the Commissioner under section 80JA(8)(b),

in relation to impounding the vehicle.


17. Section 80 deleted

Delete section 80.

18. Section 80E amended

In section 80E(1) delete “80(1) or”.

Note: The heading to amended section 80E is to read:

Court not to confiscate vehicle that was stolen, hired or lent

19. Section 80FA amended

In section 80FA(1) delete “80A(1),”.

Note: The heading to amended section 80FA is to read:

Cases when court may order impounding instead of confiscation

20. Section 80G amended

(1) In section 80G(1) insert in alphabetical order:


Commissioner includes a person for the time being authorised by the Commissioner in writing to perform functions of the Commissioner under this section;


(2) In section 80G(1) in the definition of order delete “80(1),”.

(3) In section 80G(2)(b)(ii) delete “brought” and insert:


commenced


(4) In section 80G(4) delete “A court is not to make an order unless it has given” and insert:


Before a court makes an order it has to give


(5) In section 80G(5) after “for an order” insert:


other than an order under section 80A(1)


(6) After section 80G(5) insert:


(6A) The court is required to grant an application for an order that it may make under section 80A(1) unless it is satisfied that the order would cause severe financial or physical hardship to a person, other than the driver of the vehicle, who has an interest in the vehicle or is the usual driver of the vehicle.


(7) In section 80G(6) delete “dispose of any interest that the person has in the vehicle unless a court has made an order approving of the proposed disposal.” and insert:


do a restricted act in respect of the vehicle unless a court has made an order approving of the proposed act.


(8) After section 80G(6) insert:


(7A) A person does a restricted act in respect of the vehicle if the person —

(a) disposes of any interest that the person has in the vehicle; or

(b) does anything, or causes or permits another person to do anything, that results or will result in a reduction in the value of the vehicle.


21. Section 80IA amended

In section 80IA(1) delete “section 79(1) or 79A” and insert:


Subdivision 2


22. Section 80IB amended

In section 80IB(1) and (5) delete “section 79(1) or 79A” and insert:


Subdivision 2


23. Section 80I amended

In section 80I(1) delete “section 79(1) or 79A” and insert:


Subdivision 2


24. Section 80JA inserted

After section 80I insert:


80JA. Commissioner may sell vehicle impounded under s. 79A at any time with consent of owner etc.

(1) In this section —

impounded vehicle means a vehicle that is impounded under section 79A;

interest, in relation to a vehicle, means a legal or equitable interest, right or title in or to the ownership or possession of the vehicle.

(2) If the Commissioner is satisfied that each person who has an interest in an impounded vehicle has, in accordance with subsection (4), consented to the Commissioner doing so, the Commissioner, on behalf of those persons, may sell or otherwise dispose of the vehicle.

(3) The Commissioner may sell or otherwise dispose of a vehicle under subsection (2) —

(a) even if the impounding period has not elapsed; and

(b) even if the Commissioner may sell the vehicle under section 80J; and

(c) whether or not a charge of an offence for which the vehicle was impounded has been heard or determined by a court; and

(d) whether or not any appeal against the conviction for an offence for which the vehicle was impounded or confiscated has been concluded.

(4) The consent of a person who has an interest in an impounded vehicle to the Commissioner selling or otherwise disposing of the vehicle has no effect unless —

(a) the person has been informed in accordance with subsection (5); and

(b) the consent is in writing and signed by the person; and

(c) the consent is given at least 48 hours after the vehicle is impounded.

(5) The Commissioner must ensure a person who has an interest in an impounded vehicle is informed —

(a) of the effect of this Division in relation to impounding and selling vehicles; and

(b) of the liabilities that this Division imposes on persons for the costs and expenses incurred by the Commissioner.

(6) The Commissioner may require a person who has an interest in an impounded vehicle to provide information to the Commissioner for the purposes of this section in a statutory declaration.

(7) If the Commissioner sells or otherwise disposes of an impounded vehicle under subsection (2) —

(a) the Commissioner must release the vehicle to the buyer; and

(b) the buyer obtains a good title to the vehicle if the person acquires it in good faith and without notice of any failure to comply with this section in relation to the sale or disposal; and

(c) the proceeds of the sale are to be paid in the order of priority provided by subsection (8).

(8) The proceeds of the sale or disposal of a vehicle under subsection (2) are to be paid in the following order of priority —

(a) for expenses incurred in selling the vehicle;

(b) for the expenses specified by the Commissioner as being equivalent to all expenses reasonably incurred by the Commissioner in impounding the vehicle;

(c) if the sale or disposal occurs after the impounding period ends, for expenses (if any) incurred in storing the vehicle after that period ends;

(d) the balance —

(i) if only one person has an interest in the vehicle, to that person;

(ii) if there are 2 or more persons who each have an interest in the vehicle, to each such person according to the proportion that the value of the person’s interest bears to the value of the vehicle.

(9) If an impounded vehicle is sold or otherwise disposed of under subsection (2) and —

(a) no charge is laid for the offence for which the vehicle was impounded within 3 months after the date of the offence; or

(b) the charge for that offence is withdrawn or dismissed for want of prosecution; or

(c) the person charged with that offence is acquitted,

the Commissioner must pay to the person or persons referred to in subsection (8)(d) in accordance with that paragraph an amount equal to the amounts paid under subsection (8)(a), (b) and (c).


25. Section 80J amended

(1) In section 80J(1) in the definition of item in paragraph (a) delete “section 79(1) or 79A;” and insert:


Subdivision 2; or


(2) In section 80J(1) in the definition of uncollected vehicle delete “section 79(1) or 79A” and insert:


Subdivision 2


(3) After each of section 80J(4)(a) and (b) insert:


and


(4) In section 80J(7)(j)(i) delete “the Treasurer of the State for the public uses of the State;” and insert:


the credit of the Road Trauma Trust Account established in accordance with the Road Safety Council Act 2002 section 12;


26. Section 80K amended

(1) At the beginning of section 80K insert:


(1) If a vehicle is sold under section 80JA(2) but the proceeds of the sale are insufficient to pay the expenses incurred in selling it, the person because of whose conviction the vehicle was impounded is liable to pay to the Commissioner the difference between the amount of those expenses and the proceeds of the sale.


(2) In section 80K delete “If” and insert:


(2) If


27. Section 80LA inserted

After section 80K insert:


80LA. Liability for unrecovered expenses of selling uncollected vehicle

(1) This section applies if a vehicle is sold under section 80J(2) as an uncollected vehicle and a person (the offender) has been convicted of the offence for which the vehicle was impounded.

(2) If the proceeds of the sale are insufficient to pay the expenses reasonably incurred to sell the vehicle (the selling expenses), the offender is liable to pay to the Commissioner an amount specified by the Commissioner as being equivalent to the selling expenses that remain to be recovered.



Defined Terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined Term Provision(s)
alleged offender 102(5a)
amended provisions 72A(1)
analyst 65
another jurisdiction’s driving authorisation 44B(4), 104C(2)
approved 78A
approved device 65
approved expert 70(7)
Australian driver licence 5(1)
Australian driver licensing authority 5(1)
authorised drug tester 65
authorised person 65, 98A(1)
blood alcohol content 65
bodily harm 49AA
breath analysing equipment 65
circumstances of aggravation 59B(3), 78A
commencement day 28A(3), 72A(1)
Commissioner 78A, 87(1)
condition 41A
conduct 65
confiscated vehicle 80J(1)
contractor 101(3)
current demerit points 104(1)
dealt with by infringement notice 104(1)
demerit period 104N(1)
demerit point action 104(1)
demerit point offence 104(1)
demerit point offence in WA 104(1)
demerit point registry jurisdiction 104(1)
demerit points register 104(1)
destroyed 42E(7)
director 112(1)
Director General 5(1)
disqualification period 104M(1)
disqualified 76(13)(b)
distance measuring equipment 98A(1)
district 5(1)
drive 5(1)
driver 5(1), 49A(1), 54(1), (2) and (6), 55(1) and (4),

56(1) and (4), 59(1), 59A(1)

driver assessment 65
driver identity request 58A(1)
driver licence 44C(2)
driver’s licence 5(1)
driver’s licence register 41A
drug 65
drug testing 65
drugs analyst 65
event 81A
excessive demerit points (novice driver) notice 104(1)
excessive demerit points notice 104(1)
external licensing authority 5(1)
extraordinary licence 5(1)
foreign law 44D(2)
former demerit point registry jurisdiction 104Q(1)
Government road 5(1)
grievous bodily harm 49AA
gross vehicle mass 111AB(4)
hired 78A
impounded vehicle 79D(1)
impounding offence (driver’s licence) 78A
impounding offence (driving) 78A
impounding or confiscation order 78A
impounding order 78A
impounding period 78A
infringement notice 45(5), 104(1)
interest 80G(1)
item 80J(1)
jurisdiction 5(1)
learner’s permit 5(1)
lent 78A
licence 5(1), 8(1)
licence holder 5A(4)
licensed 5A(4)
licensing provisions of this Act 5(1)
light 87(1)
material time 71(1)
mechanical power 5(1)
medical practitioner 65
minimum fine 106(1)
modified penalty 102D(1)
motor vehicle 5(1)
national demerit point offence 104(1)
national demerit point offence schedule 104(1)
necessity permit 49A(5)
new licensing jurisdiction 104P
new owner 24(2b)
new provision 113(5)
novice driver 64AAA(2), 104(1)
novice driver (type 1) 104(1)
novice driver (type 2) 104(1)
number plate 5(1)
offence 98(2c)
offence particulars 8(1)
offender 71B(1)
omnibus 5(1)
optional number plates 113(1)(a)
order 80G(1), 81A
owner 5(1), 87(1)
passenger vehicle 5(1)
period for complying 102B(4a), 102C(1a)
permit 5(1), 8(1)
photograph 42E(7)
photographic evidence 102B(7)
power assisted pedal cycle 5(1)
preliminary oral fluid test 65
preliminary test 65
prescribed area 86(1)
prescribed illicit drug 65
prescribed offence 75(6)
provisional licence 5(1)
recording fee 5(1)
registered nurse 65
relevant authority 111AB(4)
relevant offence 49(7)
requirement 67(1), 67AA(1), 67AB(1)
responsible person 5(1), 58(3)
road 5(1), 81A, 84(4)
road authority 84(4)
road rage circumstances 78A
road rage offence 78A
sample 71A(1)
section 104J election 104(1)
section 104J election period 104(1)
self-testing breath analysing equipment 65
senior police officer 78A
specified day 28A(3)
speed measuring equipment 98A(1)

starting time 104N(2)
stock 5(1)
subject 71A(1)
supply 8(1)
surrender period 78A
technologist 70(7)
the present offence 75(1a), (2)(c) and (2b), 105(a)
time of sampling 71(1)(c)
traffic infringement notice 5(1), 102(1)
traffic regulation provisions of this Act 5(1)
uncollected vehicle 80J(1)
undergoes 65
vehicle 5(1)
vehicle licence charge 5(1)
vehicle referred to in section 80GA 78A
victim 54(2) and (6)
WA driving authorisation 104C(3)
warden 5(1)