Western Australian Consolidated Regulations

ROAD TRAFFIC CODE 2000 - REG 138

138 .         Stopping in an emergency etc. or to comply with another regulation

                It is a defence to the prosecution of a driver for an offence against a provision of this Part, or against a regulation that refers to this regulation, if —

            (a)         the driver stops at a particular place, or in a particular way, to avoid a collision, and the driver stops for no longer than is necessary to avoid the collision;

            (b)         the driver stops at a particular place, or in a particular way, because the driver’s vehicle is disabled, and the driver stops for no longer than is necessary for the vehicle to be moved safely to a place where the driver is permitted to park the vehicle under these regulations;

            (c)         the driver stops at a particular place, or in a particular way, because the driver or a passenger is assisting with a disabled vehicle, and the driver stops for no longer than is necessary for the disabled vehicle to be moved safely to a place where the driver of the disabled vehicle is permitted to park that vehicle under these regulations;

            (d)         the driver stops at a particular place, or in a particular way, to deal with a medical or other emergency, and the driver stops for no longer than is necessary in the circumstances;

            (e)         the driver stops at a particular place, or in a particular way, because the condition of the driver, a passenger, or the driver’s vehicle makes it necessary for the driver to stop in the interests of safety, and the driver stops for no longer than is necessary in the circumstances; or

            (f)         the driver stops at a particular place, or in a particular way, to comply with another provision of these regulations or a provision of another law, and the driver stops for no longer than is necessary to comply with the other provision.

        Example for paragraph (e)
If a driver stops at an intersection at a stop line, “stop” sign, or traffic-control signals, or to give way to a vehicle, in accordance with these regulations, the driver does not commit an offence under a regulation prohibiting the driver from stopping in or near an intersection.