Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Every person who
wilfully drives a motor vehicle in a manner (which expression includes speed)
that is inherently dangerous or that is, having regard to all the
circumstances of the case, dangerous to the public or to any person commits an
offence.
(1a) A person who
drives a motor vehicle at a speed of 155 km/h or more commits an offence.
(1b) A person who
drives a motor vehicle at a speed exceeding the speed limit set under this Act
for that vehicle or the place where the driving occurs by 45 km/h or more
commits an offence.
(1c) Despite
subsections (1a) and (1b), the driver of a motor vehicle is not guilty of
an offence under those subsections if —
(a)
either —
(i)
the motor vehicle is being used to convey a member of the
Police Force on official duty and the travelling at such speed is necessary to
prevent the commission or continuation of an offence or to apprehend an
offender or to assist a driver excused under subparagraphs (ii), (iii)
or (iv);
(ii)
the driver is on official duty responding to a fire or
fire alarm;
(iii)
the driver is on official duty responding to an emergency
or rescue operation where it is reasonable to assume that human life is likely
to be in danger; or
(iv)
the motor vehicle is an ambulance and is being used to
answer an urgent call or to convey a person to a place for the provision of
urgent medical treatment;
(b) the
driver is taking reasonable care; and
(c) the
vehicle is displaying a blue or red flashing light or sounding an alarm
unless, in the circumstances, it is reasonable for a light not to be displayed
or an alarm not to be sounded.
(2) A person charged
with an offence against this section may, instead of being convicted of that
offence, be convicted of an offence against section 61 or 62.
(3) A person convicted
of an offence against this section is liable —
(a) for
a first offence, to a fine of 40 PU or to imprisonment for 9 months; and,
in any event, the court convicting that person shall order that he be
disqualified from holding or obtaining a driver’s licence for a period
of not less than 6 months;
(b) for
a second offence, to a fine of 60 PU or to imprisonment for 9 months;
and, in any event, the court convicting that person shall order that he be
disqualified from holding or obtaining a driver’s licence for a period
of not less than 12 months; and
(c) for
a third or subsequent offence, to a fine of 80 PU or to imprisonment for
12 months; and, in any event, the court convicting that person shall
order that he be permanently disqualified from holding or obtaining a
driver’s licence.
[Section 60 amended by No. 11 of 1988
s. 24; No. 78 of 1995 s. 147; No. 50 of 1997 s. 13;
No. 50 of 2003 s. 92(2); No. 10 of 2004 s. 8; No. 54 of
2006 s. 12; No. 24 of 2008 s. 4.]