ROAD TRAFFIC ACT 1974
Table of Provisions
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
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, drugs or alcohol and drugs
- 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
- 64B Driving with blood alcohol content of or above 0.05 with prescribed illicit drug in oral fluid or blood
- 64C Certain persons driving with any blood alcohol content with prescribed illicit drug in oral fluid or blood
- 64D Provisions for s. 64AC, 64B and 64C
65. Terms used in s. 59 to
65A. Using breath sample to find blood alcohol content
- 66 Police powers to require breath or blood sample
- 66A Drug impairment, police powers to require driver assessment for etc.
- 66B Police powers to require blood sample for drug analysis
- 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, provide blood sample or accompany police officer
- 67AB Failure to comply with s. 66D or 66E requirement to provide oral fluid, blood sample or accompany police officer
- 67AC Failure to comply with drug test requirement for certain persons with any blood alcohol content
- 67AD Failure to comply with drug test requirement for persons with blood alcohol content of or above 0.05
- 67AE Provisions for s. 67AC and 67AD
67A. Failure to comply with other requirements of police officer
- 68A Failure to comply with s. 66, 66C, 66D or 66E requirement: instructors
- 68 Analysis of breath sample
- 69 Taking and analysis of blood sample
- 69B Taking of oral fluid sample
- 70A Delivery of person’s blood or oral fluid sample to Chemistry Centre (WA)
- 70B Evidence of delivery of blood or oral fluid samples
- 70 Evidentiary provisions
- 71 Evidence of blood alcohol content for particular offences
- 71A Samples not to be used to obtain DNA
- 71B Police powers for preventing use of vehicle by alleged offender
- 71BA Police officer may prohibit person from driving for 24 hours if prescribed illicit drug present in oral fluid
- 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
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 5B -- Radar detectors
- 81G Offence to drive motor vehicle with radar detector fitted to, within or on vehicle
PART 6 -- Unlawful interference with motor vehicles
- 90 Unlawfully interfering with parts of motor vehicles
PART 6A -- Immobilisation, towing and detention of motor vehicles
Division 1 -- Preliminary
- 91 Terms used
- 92 Term used: consent
- 93 Term used: authorised enforcement action
- 94 Term used: towing arrangement
Division 2 -- Immobilisation of motor vehicles
- 95 Motor vehicles not to be immobilised
Division 3 -- Towing of motor vehicles
Subdivision 1 -- Towing regulated by this Division
- 96 Application of Division
Subdivision 2 -- Towing
- 97 Towing parked motor vehicles prohibited unless requirements satisfied
- 98 Regulations relating to towing requirements
- 99 Release of motor vehicle that is being loaded onto tow truck
- 100 Release of motor vehicle that has been loaded onto tow truck
- 101 Motor vehicle must be towed by most direct route to approved storage yard
- 102 Copy of towing arrangement must be given
- 103 Release from storage
- 104 Approval of storage yards
Subdivision 3 -- Charges for towing and storage
- 105 Towing charges
- 105A Storage charges
- 105B Regulations may prohibit or restrict towing and storage charges
- 105C Liability for towing and storage charges
Division 4 -- Detention of motor vehicles
- 105D Application of Division
- 105E Motor vehicles not to be detained
Division 5 -- Miscellaneous
- 105F Abolition of distress damage feasant in relation to motor vehicles
- 105G Part does not confer right to immobilise, tow or detain motor vehicle
- 105H Agreements for prohibited immobilisation, towing and detention services
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
- 110 Savings provisions for the Road Traffic Amendment (Blood Alcohol Content) Act 2019
- 110A Transitional provision for the Road Traffic Amendment (Impaired Driving and Penalties) Act 2020
PART IX -- Regulations
- 111 Regulations etc.
- 111AB Exemption from specified regulations, regulations may allow grant of
Uncommenced provisions table
Other notes
Defined terms