Western Australian Consolidated Acts

ROAD TRAFFIC ACT 1974 - SECT 64A

64A .         Certain persons driving with blood alcohol content of or above 0.02

        (1)         A person to whom this subsection applies who drives or attempts to drive a motor vehicle while having a blood alcohol content of or above 0.02g of alcohol per 100ml of blood commits an offence.

        Penalty: Not less than 2 PU or more than 6 PU; and, in any event, the court convicting a person shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 3 months.

        (2)         Subsection (1) applies to a person who —

            (a)         holds a provisional licence;

            (b)         if an Australian driver licence could be granted to the person, could only obtain a provisional licence;

            (c)         is subject to an order disqualifying the person from holding or obtaining a driver’s licence imposed for an offence against section 63 or 67, or for a second or subsequent offence against section 64, committed after the commencement of the Road Traffic Amendment Act 1997 ¹ ;

            (d)         does not hold a driver’s licence because it has been cancelled under section 75(2a) or (2b) as a result of an order disqualifying the person from holding or obtaining a driver’s licence imposed on the person upon being convicted of an offence committed after the commencement of the Road Traffic Amendment Act 1997 ¹ ;

            (e)         holds an extraordinary licence; or

            (f)         is a recently disqualified driver.

        (3)         For the purpose of subsection (2), a person is a recently disqualified driver if, within the last 3 years, the person —

            (a)         has ceased to be subject to; or

            (b)         has been granted a driver’s licence in a case where the person did not hold a driver’s licence because it had been cancelled under section 75(2a) or (2b) as a result of,

                an order disqualifying the person from holding or obtaining a driver’s licence imposed for an offence against section 63 or 67, or for a second or subsequent offence against section 64, committed after the commencement of the Road Traffic Amendment Act 1997 ¹ .

        (4)         A person charged with an offence against this section may, instead of being convicted of that offence, be convicted of an offence against section 64AAA where, at the time of the alleged offence, the person charged was a person to whom that section applied.

        [Section 64A inserted by No. 82 of 1982 s. 13; amended by No. 11 of 1988 s. 22; No. 13 of 1992 s. 10; No. 50 of 1997 s. 8; No. 28 of 2001 s. 23(2); No. 54 of 2006 s. 17(1) and (2); No. 39 of 2007 s. 8 and 34.]