Western Australia
Road Traffic Act 1974
|
|
|
Reprinted under the Reprints Act 1984 as |
|
at 3 October 2008 |
||
Western Australia
Road Traffic Act 1974
CONTENTS
Part I — Preliminary
1. Short title 2
2. Commencement 2
4. Repeal 2
5. Terms used in this Act 2
5A. Person responsible for a vehicle 7
Part II — Administration
6. Functions of the Commissioner of Police and the Director General 9
6A. Delegation 9
6B. Agreements for performance of functions 10
7. Wardens 11
8. Access to information 12
Part III — Licensing of vehicles
15. Vehicle licences 14
17. Applications for grant, renewal and transfer of vehicle licences 15
18. Regulations for the grant and renewal of vehicle licences 17
19. Fees or charges for vehicle licences 18
20. Licence obtained by means of a dishonoured cheque void 19
22. Certain fees and charges to be credited to Main Roads Trust Fund 20
23A. Cancellation of vehicle licence in certain circumstances 21
24. Transfer of vehicle licences 21
24A. Requirement to make declaration on applying for grant or transfer of vehicle licence 24
24B. Change of nominated owner 24
25. Review 25
26. Permits etc. for unlicensed vehicles 25
27. Register of vehicle licences 27
27A. Effect of disqualification 27
28. Classification of vehicle licences 28
28A. Fees may be amended by regulation 28
29. Minister may require vehicles to be inspected 29
Part IV — Overseas motor vehicles when temporarily in Australia
30. Application of this Part 30
31. When owner of overseas vehicle entitled to free licence 30
32. Licence granted in another State valid in this State 31
33. When free licence may be extended free of charge 31
34. Owner to furnish evidence of guarantee that vehicle will be taken out of Australia before free licence or extension of licence granted32
35. No licence to be granted or extended unless requirements regarding construction etc. of vehicles complied with32
36. Free licence or renewal ceases to be valid when owner becomes, or transfers vehicle to, permanent resident33
37. When provisions of Act apply as though this Part was not enacted 33
38. Registration label to be granted with each licence or renewal of licence 34
39. Number plates on overseas vehicles 34
40. Regulations 35
41. Transport Co‑ordination Act 1966 not affected 36
Part IVA — Authorisation to drive
Division 1 — Preliminary
41A. Terms used in this Part 37
Division 2 — Driver licensing
42. Regulations for driver licensing scheme 37
42A. Director General’s licensing functions 40
42B. Certain licences authorise learner driving 40
42C. Dishonestly obtained driver’s licence 40
42D. Driver’s licence not to be granted or renewed in certain circumstances 41
42E. Additional matters to do with identity 42
Division 3 — Learner’s permit
43. Learner’s permit 44
Division 4 — Other matters about driver authorisations
44. Authorisation to drive without a driver’s licence 45
44A. Driving while undergoing driving test 45
44B. Recognition of authorisation of another jurisdiction 45
44C. Things in other jurisdictions may affect authorisation to drive in WA 46
44D. External Territories and other countries 47
45. Exchange of information between jurisdictions 47
46. Security of information in driver’s licence register 48
47. Regulations may refer to published documents 49
48. Transitional regulations 49
48A. Review of Director General’s decisions under this Part 50
Part V — Regulation of traffic
Division 1A — Terms used in this Part
49AA. Terms used in this Part 51
Division 1 — Driving of vehicles: general offences
49. Driving while unlicensed or disqualified 51
49A. Offence when authorisation to drive lost because of penalty enforcement laws 55
50. Unauthorised driving by learner drivers 55
50A. Authorisation other than Australian driver licence 56
51. Cancellation of drivers’ licences granted on probation 57
53. Driver failing to give name and address to member of the Police Force, failing to stop etc. 59
54. Bodily harm: duty to stop and give information and assistance 60
55. Damage to property: duty to stop and give information 61
56. Duty to report incidents involving bodily harm or damage to property 62
57. Duty of owner to identify driver of vehicle involved in accident 64
58. Duty to identify offending driver or person in charge of vehicle 65
58A. Duty to take reasonable measures to be able to comply with a driver identity request 66
59. Dangerous driving causing death, injury etc. 66
59A. Dangerous driving causing bodily harm 68
59B. Section 59 and 59A offences: ancillary matters and defence70
60. Reckless driving 72
61. Dangerous driving 74
62. Careless driving 74
62A. Causing excessive noise, smoke 75
Division 2 — Driving of vehicles: alcohol and drug related offences
63. Driving under the influence of alcohol etc. 75
64. Driving with blood alcohol content of or above 0.08 78
64AA. Driving with blood alcohol content of or above 0.05 80
64A. Certain persons driving with blood alcohol content of or above 0.02 81
64AAA. Novice driver driving with any blood alcohol content 83
64AB. Driving while impaired by drugs 84
64AC. Driving with prescribed illicit drug in oral fluid or blood 86
65. Terms used in section 59B(5) and sections 63 to 73 87
65A. Using breath sample to find blood alcohol content 89
66. Requirement to submit sample of breath or blood for analysis90
66A. Requirement to undergo driver assessment 99
66B. Requirement to provide blood or urine sample if driver assessment indicates drug impairment100
66C. Requirement to undergo a preliminary oral fluid test 103
66D. Requirement to provide sample of oral fluid for testing 104
66E. Requirement or right to provide sample of blood for analysis instead of providing sample of oral fluid105
66F. Medical practitioners and registered nurses authorised to take blood samples 107
67. Failure to comply with requirement as to provision of breath, blood or urine sample for analysis107
67AA. Failure to comply with requirement as to driver assessment or provision of blood or urine sample for analysis under section 66A or 66B110
67AB. Failure to comply with requirement as to provision of oral fluid or blood sample for testing or analysis under section 66D or 66E112
67A. Failure to comply with other requirements made by a member of Police Force 113
68. Analysis of alcohol in breath 114
69. Blood analysis 117
69A. Urine samples 118
69B. Oral fluid samples 118
70. Evidence 118
71. Determination of blood alcohol content at material time 128
71A. Samples not to be used to obtain DNA 129
71B. Power to prevent use of vehicle by suspected offender 130
72. Regulations etc. 131
72A. Review of amendments relating to drugs 134
Division 3 — General matters as to driving offences
73. Certain offences extend to driving or attempting to drive in public places 135
74. Representation in proceedings under Part V 136
75. Notification and effect of disqualification 136
76. Extraordinary licences 138
77. Penalty for contravening conditions of extraordinary licence146
78. Removal of disqualification 146
Division 4 — Impounding and confiscation of vehicles for certain offences
Subdivision 1 — Preliminary
78A. Terms used in this Division 148
78B. Penalties etc. not affected 151
78C. Powers for this Division 152
78D. Contracts for conveying, storing impounded or confiscated vehicles 153
78E. Recovery of impounding expenses 153
Subdivision 2 — Impounding of vehicles by police
79. Impounding of vehicles for racing etc. 154
79A. Impounding of vehicles for driving without driver’s licence etc. 155
79B. Notice of impounding 155
79C. Senior officer to be informed if vehicle impounded 156
79D. Release of impounded vehicles 157
79E. Liability for section 79(1) or 79A impounding expenses 158
Subdivision 3 — Impounding and confiscation of vehicles by court order
80. Impounding of vehicles for racing etc. 158
80A. Confiscation of vehicles for racing etc. 159
80B. Impounding of vehicles for driving without driver’s licence etc. 159
80C. Confiscation of vehicles for driving without driver’s licence etc. 160
80CA. Impounding of vehicles for road rage offences 160
80CB. Confiscating of vehicles for road rage offences 160
80D. Effect of confiscation 161
80E. Stolen or hired vehicles not to be impounded, confiscated 161
80FA. Court may order impounding instead of confiscation 161
80F. Responsible person to surrender impounded, confiscated vehicle at time and place ordered by court162
80GA. Vehicle about which certain orders may be made 162
80G. Applications for orders to impound or confiscate vehicles 163
80H. Expenses of court‑ordered impounding payable by convicted driver 165
Subdivision 4 — Miscellaneous provisions about impounded or confiscated vehicles
80IA. Release of vehicle that was impounded 166
80IB. Payment for impounding expenses before vehicle released166
80I. Before impounded vehicles released, costs of storage for post‑impounding period may be payable167
80J. Disposing of confiscated, uncollected vehicles and items therein 168
80K. Expenses of confiscation not obtained on sale payable by convicted driver 171
80L. Transfer of vehicle licence 171
Part VA — Events on roads
81A. Terms used in this Part 172
81B. Application for order 172
81C. Order 173
81D. Road closure 174
81E. Effect of order 174
81F. Offences 175
Part VI — Miscellaneous
82. Substitution of vehicle in certain circumstances 177
82A. Motor vehicle pools and insurance 177
83. Temporary suspension of written law 178
84. Liability for damage to roads etc. 179
85. Power of local government to recover expenses of damage caused by heavy or extraordinary traffic180
86. No unauthorised parking in certain areas 181
86A. Member of Police Force or warden may drive a vehicle used in an offence 182
87. Confusing lights affecting traffic on roads 183
90. Unlawful interference with mechanism of motor vehicles 186
92. Roads may be closed 186
93. Production of licences at hearings 186
97. Offences 186
98. Proof of certain matters 187
98A. Certain measuring equipment 190
99. Savings 192
100. Application of Act to Crown and local governments 192
101. Protection of Minister, the Director General and officers 193
101A. Protection of people testing or examining or giving certain information 194
102. Traffic infringement notices 194
102A. Traffic infringement notices left on vehicles 197
102B. Traffic infringement notices issued on photographic evidence198
102C. Notices requesting information 201
102D. Notice under section 102C may become a traffic infringement notice 204
Part VIA — Demerit points
Division 1 — Preliminary
104. Terms used in this Part 205
104A. Demerit point offences in WA 207
104B. National demerit point offence schedule 208
104C. Demerit point registry jurisdiction 209
Division 2 — Incurring demerit points
104D. Demerit point action after conviction 210
104E. Demerit point action after infringement notice 211
104F. No demerit point action against body corporate 211
104G. What demerit point action is to be taken 211
Division 3 — Consequences of demerit points
104H. Expiry of demerit points 212
104I. Excessive demerit points notice 212
104J. Making a section 104J election 213
104K. Double disqualification after section 104J election 214
104L. Permanent disqualification ends section 104J election period216
104M. Cumulative effect of demerit points disqualification 217
104N. Certain disqualifications after demerit points disqualification or section 104J election 218
Division 4 — Administrative and other provisions
104O. Demerit points register 219
104P. Obtaining Australian driver licence elsewhere 221
104Q. Holder of licence in another jurisdiction applying 222
104R. How certain notices are to be given 223
104S. Regulations about certain transitional matters 223
104T. Regulations adapting to schemes of other jurisdictions 223
Part VII — Offences and penalties
105. Limitation on period for which previous offences taken into account 224
106. Sentencing for certain offences 224
106A. Mandatory disqualification 227
107. Offences generally 227
Part VIII — Transitional provisions
108. Savings 229
109. Powers of traffic inspectors 229
110. Powers of certain traffic inspectors preserved 229
Part IX — Regulations
111. Regulations etc. 231
111AA. Power to include areas in the scope of specified regulations236
111AB. Power to grant exemptions from specified regulations 236
111A. Adoption of other laws, codes etc. 238
112. Liability of director etc. of a body corporate that is owner of a vehicle 238
113. Schemes for optional number plates 240
Notes
Compilation table 242
Provisions that have not come into operation 254
Defined Terms
|
|
|
Reprinted under the Reprints Act 1984 as |
|
at 3 October 2008 |
||
Western Australia
Road Traffic Act 1974
An Act to consolidate and amend the law relating to road traffic; to repeal the Traffic Act 1919 and for incidental and other purposes.
Part I — Preliminary
1. Short title
This Act may be cited as the Road Traffic Act 1974 1.
2. Commencement
(1) Subject to subsection (2) the provisions of this Act shall come into operation on such date or such dates as is or are, respectively, fixed by proclamation 1.
(2) Section 4 shall come into operation on the day on which this Act receives the Royal Assent 1.
[3. Repealed by No. 82 of 1982 s. 4.]
4. Repeal
The provisions of the Traffic Act 1919 shall be repealed on such date or such dates as is or are, respectively, fixed by proclamation.
5. Terms used in this Act
(1) In this Act, unless the contrary intention appears —
Australian driver licence means —
(a) a driver’s licence under this Act; or
(b) a licence or other authorisation granted to a person under the law of another jurisdiction authorising the person to drive a motor vehicle on a road other than solely for the purpose of learning to drive it;
Australian driver licensing authority means a person or body having the authority to grant an Australian driver licence;
Director General means the chief executive officer of the department of the Public Service principally assisting in the administration of the licensing provisions of this Act;
district means a district under the Local Government Act 1995;
drive includes —
(a) in relation to a vehicle, to have control over the steering, movement or propulsion of the vehicle;
(b) in relation to an animal, to be in control of the animal,
regardless of whether the vehicle or animal is usually referred to as being ridden rather than driven;
driver means any person driving a vehicle or animal;
driver’s licence means a licence under this Act authorising the holder to drive a motor vehicle on a road, but does not include a learner’s permit;
external licensing authority means an authority of —
(a) an external Territory, as defined in the Acts Interpretation Act 1901 of the Commonwealth; or
(b) another country,
by which any licence or authorisation to drive a motor vehicle is granted;
extraordinary licence means a driver’s licence that the Director General grants as ordered under section 76;
Government road means a road declared by Order in Council under the Public Works Act 1902 to be a Government road or a highway or main road to which section 13(4) of the Main Roads Act 1930 applies;
jurisdiction means —
(a) a State; or
(b) an internal Territory, as defined in the Acts Interpretation Act 1901 of the Commonwealth;
learner’s permit means a learner’s permit under Part IVA Division 3;
licence means a licence granted under this Act;
licensing provisions of this Act means —
(a) Parts III, IV and IVA, section 76, section 82, section 113;
(b) regulations made for the purposes of the provisions mentioned in paragraph (a);
(c) regulations made under section 111(2)(d) to (g), (i), (l) and (m), (2a) and (2b); and
(d) regulations made under section 111(2)(j), (k) and (n), (3), (4) and (5) for the purposes of the regulations referred to in paragraph (c);
mechanical power includes any motive power not being animal power;
motor vehicle —
(a) in relation to authorisation to drive, means a vehicle that is built to be propelled by a motor that forms part of the vehicle;
(b) otherwise, means a self‑propelled vehicle that is not operated on rails, and includes a trailer, semi‑trailer or caravan while attached to the vehicle, but does not include a power assisted pedal cycle;
number plate means an identification tablet or number plate issued under the regulations bearing numerals, or letters, or numerals and letters;
omnibus means a passenger vehicle equipped to carry more than 8 adult persons and used to carry passengers for separate fares;
owner, in relation to a vehicle, means —
(a) the person who is entitled to the immediate possession of the vehicle; or
(b) if there are several persons entitled to its immediate possession, the person whose entitlement is paramount,
but if one of 2 or more persons fitting that description has been nominated for the purposes of section 5(4), it means only the person nominated;
passenger vehicle means —
(a) a taxi within the meaning of the Taxi Act 1994 and any vehicle that is licensed to stand or ply for the carriage of passengers for reward, including an omnibus; or
(b) a motor vehicle that is fitted with seats for 13 or more persons, including the driver of the vehicle, and is being used to carry 13 or more persons, including the driver;
permit means permit granted under this Act;
power assisted pedal cycle means a vehicle designed to be propelled through a mechanism operated solely by human power, to which is attached one or more auxiliary propulsion motors having a combined maximum output not exceeding 200 watts;
provisional licence means an Australian driver licence that specifies that it is a provisional licence for the purposes of this Act or the law of another jurisdiction under which the licence is granted;
recording fee means the fee payable under section 19(1);
responsible person, for a vehicle, means a person responsible for the vehicle under section 5A;
road means any highway, road or street open to, or used by, the public and includes every carriageway, footway, reservation, median strip and traffic island thereon;
stock includes horses, mares, fillies, foals, geldings, colts, camels, bulls, bullocks, cows, heifers, steers, calves, asses, mules, sheep, lambs, goats and swine;
traffic infringement notice has the meaning given by section 102(1);
traffic regulation provisions of this Act means the provisions of this Act other than the licensing provisions of this Act;
vehicle includes —
(a) every conveyance, not being a train, vessel or aircraft, and every object capable of being propelled or drawn, on wheels or tracks, by any means; and
(b) where the context permits, an animal being driven or ridden;
vehicle licence charge means the charge payable under section 19(3);
warden means a warden appointed under section 7.
(1a) In provisions of this Act dealing with penalties for offences —
(a) these abbreviations are used:
“Disq” for minimum period of disqualification;
“Max” for maximum fine;
“Min” for minimum fine;
“PU” for penalty unit or penalty units;
and
(b) a reference to a number of PU is a reference to an amount (in dollars) that is that number multiplied by 50.
(2) For the purposes of this Act a vehicle which is, in any manner, drawn or propelled on a road shall be deemed to be used on a road.
[(3) repealed]
(4) Where a vehicle is owned by more than one person and one of those persons is nominated by all such persons, by notice in writing given to the Director General, the nominated person shall for the purposes of this Act be deemed to be the owner of the vehicle.
[Section 5 amended by No. 77 of 1975 s. 3; No. 89 of 1978 s. 3; No. 71 of 1979 s. 3; No. 71 of 1981 s. 3; No. 105 of 1981 s. 3 and 19; No. 102 of 1984 s. 16; No. 121 of 1987 s. 4; No. 11 of 1988 s. 4; No. 50 of 1991 s. 3; No. 13 of 1992 s. 4; No. 83 of 1994 s. 48; No. 21 of 1995 s. 4; No. 14 of 1996 s. 4; No. 30 of 1996 s. 13; No. 76 of 1996 s. 4, 20(1) and (3); No. 50 of 1997 s. 4; No. 39 of 2000 s. 4; No. 28 of 2001 s. 4 and 23(2); No. 5 of 2002 s. 15; No. 7 of 2002 s. 27; No. 74 of 2003 s. 105(2); No. 6 of 2004 s. 4; No. 10 of 2004 s. 4; No. 54 of 2006 s. 4; No. 4 of 2007 s. 5.]
5A. Person responsible for a vehicle
(1) For the purposes of this Act a person responsible for a vehicle is —
(a) if the vehicle is licensed — any licence holder who has not given a notice as described in paragraph (b);
(b) if a licence holder has given notice under section 24(1), or a corresponding law of another State or Territory or the Commonwealth, of a change in ownership of the vehicle and subsection (2) does not apply — the new owner as specified in the notice or, if more than one is specified, each of them;
(c) if the vehicle is not licensed but was previously licensed and subsection (2) does not apply — a person responsible under paragraph (a) or (b) before the vehicle last ceased to be licensed; or
(d) in any other case —
(i) the person who is entitled to the immediate possession of the vehicle; or
(ii) if there are several persons entitled to its immediate possession, the person whose entitlement is paramount.
(2) Despite subsection (1), a person is not responsible for a vehicle under subsection (1)(b), if it can be shown that the person did not agree to becoming an owner of the vehicle and has notified the Director General in writing accordingly or has given a notice to a similar effect to a licensing authority of another State or Territory or the Commonwealth.
(3) The Minister may by notice published in the Gazette declare a law of another State or Territory or the Commonwealth to be a corresponding law for the purposes of this section and may by subsequent notice so published vary or cancel any such declaration.
(4) In this section —
licence holder, in relation to a vehicle, means a person in whose name the vehicle is licensed;
licensed means licensed under this Act, registered under the Control of Vehicles (Off‑road Areas) Act 1978 or licensed or registered under a corresponding law of another State or Territory or the Commonwealth.
[Section 5A inserted by No. 39 of 2000 s. 5.]
Part II — Administration
[Heading inserted by No. 76 of 1996 s. 5.]
6. Functions of the Commissioner of Police and the Director General
(1) The Commissioner of Police is responsible for the control and regulation of traffic in the State and for the enforcement of the traffic regulation provisions of this Act.
(2) The administration of the licensing provisions of this Act shall be carried out through the Director General who shall be responsible for the enforcement of those provisions.
(3) Without limiting subsection (2), the functions of the Director General include the exercise and performance of all powers, duties and responsibilities vested in or imposed on the Director General by this Act.
(4) Subsection (2) does not affect the powers of a member of the Police Force in relation to offences, or suspected offences, against the licensing provisions of this Act.
[Section 6 inserted by No. 76 of 1996 s. 5.]
6A. Delegation
(1) The Director General may delegate to a person any power or duty of the Director General under another provision of this Act.
(2) The delegation must be in writing signed by the Director General.
(3) If a person is not employed in the Director General’s department, a power or duty can only be delegated to the person under this section if the person has been approved by the Minister for the purposes of this section.
(4) An approval under subsection (3) may be given in respect of —
(a) a specified person or persons of a specified class; or
(b) the holder or holders for the time being of a specified office or class of office.
(5) A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
(6) A person exercising or performing a power or duty that has been delegated to the person under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(7) Nothing in this section limits the ability of the Director General to perform a function through an officer or agent.
[Section 6A inserted by No. 7 of 2002 s. 28.]
6B. Agreements for performance of functions
(1) The Director General may enter into an agreement providing for the Director General’s functions under this Act that are described in the agreement to be performed on behalf of the Director General.
(2) The agreement may be with the Commissioner of Police, a local government, or any other person or body, whether or not the person or body has itself functions of a public nature.
(3) A function described in the agreement may be performed —
(a) in accordance with the agreement; and
(b) on and subject to terms and conditions in the agreement.
(4) If the performance of a function is dependent upon the opinion, belief, or state of mind of the Director General it may be performed under the agreement upon the opinion, belief, or state of mind of the body or person with whom the agreement is made or another person provided for in the agreement.
(5) For the purposes of this Act or any other written law, an act or thing done by, to, by reference to, or in relation to, a body or person in connection with the performance by that body or person under the agreement of a function of the Director General is as effectual as if it had been done by, to, by reference to, or in relation to, the Director General.
[Section 6B inserted by No. 7 of 2002 s. 28.]
7. Wardens
(1) The Commissioner of Police may appoint wardens to perform —
(a) duties relating to the controlling of vehicles and pedestrians at children’s crossings and pedestrian crossings;
(b) duties relating to the parking and standing of vehicles;
(c) duties of such other nature relating to the traffic regulation provisions of this Act as the Minister administering the Police Act 1892 may from time to time approve.
(2) The Director General may appoint wardens to perform duties of such nature relating to the licensing provisions of this Act as the Minister may from time to time approve.
(3) For the purposes of the performance of the duties for which a warden was appointed under this section —
(a) the warden has such of the powers conferred by this Act on a member of the Police Force as may be prescribed; and
(b) a reference in this Act to a member of the Police Force is to be read as including a warden if the regulations so provide.
(4) A warden appointed under this section shall be issued with a certificate of appointment in the prescribed form which the warden shall carry whenever performing the duties of a warden, and shall, on reasonable demand, produce for inspection by any person.
[Section 7 inserted by No. 76 of 1996 s. 5.]
8. Access to information
(1) In this section —
licence means a driver’s licence or vehicle licence under this Act or a licence under the Motor Vehicle Drivers Instructors Act 1963;
offence particulars means particulars of any offences of which a person has been convicted whether within the State or elsewhere and whether relating to road traffic matters or any other matters, including particulars of any penalties, suspensions, cancellations or disqualifications arising from any such convictions, and also particulars of instances in which a person has paid a penalty pursuant to a traffic infringement notice under this Act and particulars of any points recorded against a person under Part VIA;
permit means a learner’s permit or a permit under the Motor Vehicle Drivers Instructors Act 1963;
supply includes provide or allow access at all times to.
(2) The Director General is to supply the Commissioner of Police with particulars of licences and permits held or granted and of the persons who hold licences or permits or to whom licences or permits have been granted.
(3) Particulars supplied to the Commissioner of Police under subsection (2) —
(a) may be used in the performance of the functions of the Commissioner of Police, whether under this Act or otherwise; and
(b) may be supplied by the Commissioner of Police to an officer, department or instrumentality of this State, another State, a Territory, the Commonwealth or another country for use in the performance of the functions of that officer, department or instrumentality.
(4) The Director General is to allow the Registrar appointed under section 7(1) of the Fines, Penalties and Infringement Notices Enforcement Act 1994 to have access to records in relation to licences for the purposes of that Act.
(5) The Commissioner of Police is to supply the Director General with such offence particulars as are known to the Commissioner of Police concerning a person who has applied for the grant of a licence or permit, or who holds a licence or permit, or to whom a licence or permit has been granted.
(6) Particulars supplied under subsection (5) may be used in the performance of the functions of the Director General under the licensing provisions of this Act.
(7) The supply of particulars under this section is to be free of charge.
[Section 8 inserted by No. 76 of 1996 s. 5; amended by No. 28 of 2001 s. 5 and 23(2); No. 54 of 2006 s. 5.]
[Part IIA: s. 9‑13 repealed by No. 5 of 2002 s. 15;
s. 14 repealed by No. 76 of 1996 s. 5.]
Part III — Licensing of vehicles
15. Vehicle licences
(1) A vehicle licence is required for a vehicle prescribed in the regulations.
[(2) repealed]
(3) Where a vehicle for which there is not a valid vehicle licence granted under this Act is used on any road, a responsible person for the vehicle and any person so using the vehicle or causing or permitting such use commits an offence against this Act, but —
(a) if the regulations provide that when a vehicle licence is renewed on an application made within a prescribed period after the expiry of the licence the renewal is to be regarded as having taken effect immediately after the licence expired, this subsection does not apply to the use of the vehicle within that prescribed period;
(b) it is a defence to a charge of an offence against this subsection against any person other than a responsible person for the vehicle if the accused proves that he had no knowledge that a valid vehicle licence had not been granted in respect of the vehicle; and
(c) a person shall not be convicted of an offence against this subsection if he has already been convicted, or charged and acquitted of an offence against section 4(3)(a) of the Motor Vehicle (Third Party Insurance) Act 1943, and both those offences or alleged offences were committed simultaneously.
(4) A person who is convicted of an offence against this section shall be liable to a penalty not exceeding 10 PU, and in addition, the court shall order the accused to pay a further penalty equal to the charges payable under this Act for the grant of a vehicle licence for the vehicle concerned for a period of 6 months.
(5) Any person who has committed an offence against this section for which he has not been prosecuted shall be liable to pay to the Director General the charges which he might have been ordered to pay on conviction of such offence, and such charges shall be recoverable in any court of competent jurisdiction.
(6) For the purposes of the provisions of this section a vehicle licence document or equivalent document issued in any other State or Territory of the Commonwealth for a vehicle for which each responsible person is not ordinarily resident within the State of Western Australia shall, during the currency of the licence, be deemed to be a vehicle licence document under this Act in respect of the vehicle when used on any road within the State of Western Australia.
[Section 15 amended by No. 105 of 1981 s. 19; No. 11 of 1988 s. 5 and 24; No. 13 of 1994 s. 12; No. 57 of 1995 s. 4; No. 76 of 1996 s. 20(3); No. 50 of 1997 s. 13; No. 39 of 2000 s. 7; No. 28 of 2001 s. 6 and 23(1); No. 84 of 2004 s. 80 and 82.]
[16. Repealed by No. 28 of 2001 s. 7.]
17. Applications for grant, renewal and transfer of vehicle licences
(1) An owner of a vehicle may apply for the grant, renewal or transfer of a licence for a vehicle by —
(a) submitting an application in a form approved by the Director General; and
(b) paying the amount of —
(i) any fee or charge that would be required by section 19; and
(ii) the duty, and any penalty tax, payable under the Duties Act 2008 on the grant or transfer of the licence.
(1a) On the payment of —
(a) a sum ordered under section 24(3) to be paid; or
(b) a sum specified under section 102(2a) in a traffic infringement notice,
an application for a transfer under subsection (1) is to be taken to have been made, and the payment is to be taken to have been a payment under subsection (1)(b).
(2) Upon an application under subsection (1), the Director General shall, subject to the regulations, issue, renew or transfer a licence for a vehicle if —
(a) the vehicle meets the prescribed standards and requirements and is otherwise fit for the purpose for which the licence is required;
(b) in the case of an application by an individual, the applicant has attained any minimum age prescribed by regulations under section 111(2)(i) and provided any proof of age and identity required by those regulations;
(c) the applicant has complied with any applicable provisions of the Duties Act 2008 relating to the grant or transfer of licences for vehicles;
(d) the Director General is satisfied that —
(i) the vehicle is kept primarily in this State; or
(ii) the vehicle is not kept primarily in any State or Territory;
and
(e) the applicant would not be prevented by or under the law of another State or a Territory from holding a licence for, or being registered in respect of, the vehicle.
(3) A vehicle cannot be licensed in the name of more than one person at a particular time.
(4) Any one of 2 or more owners may apply for the grant or transfer of a licence and the application is to be signed by each of them.
(5) An application under subsection (4) is to be regarded as notice of the nomination of the applicant for the purposes of section 5(4).
(6) Nothing in this section authorises or permits the Director General to grant or renew a vehicle licence contrary to any provision of the Motor Vehicle (Third Party Insurance) Act 1943 or any other provision of this Act or the regulations.
(7) The Director General shall refund any amount paid by a person in connection with —
(a) an application under this section that is refused; or
(b) an application for the transfer of a licence upon which the licence is not transferred but cancelled.
[Section 17 inserted by No. 39 of 2000 s. 9 (as amended by No. 45 of 2002 s. 28(2)); amended by No. 28 of 2001 s. 8 and 23(1) (as amended by No. 45 of 2002 s. 29(2)); No. 12 of 2008 s. 52.]
18. Regulations for the grant and renewal of vehicle licences
(1) The regulations may provide for the grant or renewal of a vehicle licence by the Director General to the extent that a matter is not provided for in section 17.
(2) Without limiting subsection (1), the regulations may —
(a) fix the periods for which a vehicle licence may be granted or renewed;
(b) fix the period, whether before or after the expiry of a licence, within which the licence may be renewed;
(c) if the regulations enable a licence to be renewed after its expiry, provide that renewal within a specified period after the expiry continues the licence, except that the licence is to be regarded as having been suspended on and from the day of its expiry to the day before the renewal; and
(d) provide for 3 or more vehicle licences held by the same person to expire on the same day.
[Section 18 inserted No. 28 of 2001 s. 9.]
19. Fees or charges for vehicle licences
(1) The prescribed recording fee shall be paid to the Director General for the grant or renewal of any licence for a vehicle (other than under Part IV), irrespective of whether the whole or any part of a vehicle licence charge is also payable for the grant or renewal of the licence.
(2) The prescribed transfer fee shall be paid to the Director General for effecting the transfer of any licence for a vehicle.
(3) Subject to any exemption, reduction, refund or deferral provided for in the regulations, the appropriate charge prescribed in the regulations shall be paid to the Director General for granting or renewing any licence for a vehicle.
[(4)‑(16) repealed]
(17) Where a vehicle licence has been granted by the Director General without the payment of a vehicle licence charge, or upon the payment of a reduced vehicle licence charge, subject to conditions specified in the licence or in this Act or subject to the ownership or use of the vehicle, under the provisions of this Act, and the conditions are not observed or the ownership is changed to that of some person who would not be entitled to a licence granted, or the vehicle is put to some use that would not occasion the licence to be granted without payment of a vehicle licence charge or at a reduced vehicle licence charge, then, unless, or until the vehicle licence charge, or the difference between the vehicle licence charge and the reduced vehicle licence charge, has been paid in respect of that vehicle licence, every person using that vehicle on a road contravenes the provisions of section 15.
(18) Where a vehicle licence is granted pursuant to the provisions of this Act and the fees or charges paid in respect of the licence are subsequently found to be either in excess of or less than the fees or charges which are properly payable in respect of the licence, the Director General —
(a) shall forthwith upon demand refund the amount of the excess to the person to whom the licence was granted;
(b) may recover the deficiency in a court of competent jurisdiction from the person to whom the licence was granted, if that person fails to pay the deficiency to the Director General within 7 days after the amount of the deficiency has been demanded in writing from him.
[Section 19 amended by No. 93 of 1975 s. 5; No. 135 of 1976 s. 2; No. 89 of 1978 s. 4; No. 9 of 1979 s. 6; No. 10 of 1979 s. 3; No. 42 of 1980 s. 3; No. 81 of 1980 s. 3; No. 105 of 1981 s. 19; No. 10 of 1982 s. 28; No. 25 of 1982 s. 12; No. 60 of 1982 s. 3; No. 95 of 1984 s. 2; No. 78 of 1986 s. 5; No. 21 of 1995 s. 6; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 10, 23(2) and 24.]
20. Licence obtained by means of a dishonoured cheque void
(1) Where the fees or charges for the grant or renewal of a vehicle licence are paid by a cheque which is not honoured by the financial institution on which it is drawn, the licence is void as from the time of grant or renewal as the case may be.
(2) The person to whom a licence referred to in subsection (1) is granted shall, on demand made by or on behalf of the Director General, forthwith deliver the licence and the number plates relating to that licence to the Director General.
(3) Where the person to whom the licence is granted —
(a) fails so to deliver the licence or the number plates; or
(b) after the demand uses or continues to use or allows any other person to use the licence or the number plates relating to that licence,
he commits an offence.
Penalty: For a first offence, 2 PU.
For a subsequent offence, 6 PU.
[Section 20 amended by No. 105 of 1981 s. 19; No. 11 of 1988 s. 24; No. 78 of 1995 s. 147; No. 76 of 1996 s. 20(3); No. 24 of 2000 s. 39(1) and 55; No. 28 of 2001 s. 11, 23(1) and (2).]
[21. Repealed by No. 21 of 1995 s. 7.]
22. Certain fees and charges to be credited to Main Roads Trust Fund
(1) The Director General shall, on or before the 15th day of the month next following that in which it receives them, credit to the Consolidated Account, all vehicle licence charges.
(2) All recording fees paid to the Director General may be retained by the Director General.
[(3) repealed]
(4) All fees taken pursuant to the regulations on the grant of a permit for the carrying on a vehicle of a load exceeding a prescribed load, shall be credited to the Consolidated Account.
(5) An amount equal to the amounts credited to the Consolidated Account under subsections (1) and (4) shall be —
(a) credited to the Main Roads Trust Fund maintained under the Main Roads Act 1930; and
(b) charged to the Consolidated Account,
and this subsection appropriates the Consolidated Account accordingly.
[Section 22 amended by No. 105 of 1981 s. 19; No. 25 of 1982 s. 13; No. 6 of 1993 s. 6; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 12 and 23(1); No. 77 of 2006 s. 4.]
[23. Repealed by No. 39 of 2000 s. 11.]
23A. Cancellation of vehicle licence in certain circumstances
(1) The Director General may cancel the licence in respect of any vehicle where —
(a) the proper fees and charges have not been paid;
(b) the vehicle does not meet the prescribed standards and requirements;
(c) a responsible person for the vehicle has failed to present it for inspection when so directed by the Director General pursuant to the provisions of this Act; or
(d) the licence for the vehicle is surrendered in accordance with section 28A of the Motor Vehicle Dealers Act 1973.
(2) The Director General may, in circumstances described in subsection (1), suspend the licence in respect of a vehicle until the circumstances giving rise to the suspension are remedied.
[Section 23A inserted by No. 89 of 1978 s. 5; amended by No. 105 of 1981 s. 19; No. 76 of 1996 s. 20(3); No. 39 of 2000 s. 12; No. 28 of 2001 s. 13; No. 4 of 2002 s. 72.]
24. Transfer of vehicle licences
(1) Where a person to whom a licence in respect of a vehicle has been granted ceases to be the owner of the vehicle, he shall —
(a) within 7 days after ceasing to be the owner, give notice in writing to the Director General of the name and address of the new owner of the vehicle; and
(b) if the licence had been obtained without the payment of a vehicle licence charge or upon the payment of a reduced vehicle licence charge and unless the provisions of section 19(17) have been complied with, within 7 days after ceasing to be the owner, return the licence and the appropriate number plates to the Director General.
(2) A person who becomes the owner of a vehicle in respect of which a licence has been granted shall, within 14 days after becoming the owner, give notice in writing to the Director General of that fact.
(2a) As soon as practicable after receiving notice under subsection (1)(a) or (2), or otherwise, of a change in the ownership of a vehicle in respect of which a licence has been granted —
(a) if the Director General reasonably suspects that the vehicle does not meet a prescribed standard or requirement relating to the security of the vehicle, the Director General may issue to the new owner a notice requiring that the vehicle be modified so that it does meet the prescribed standard or requirement; or
(b) if the Director General is satisfied that the licence may be transferred under section 17(2) and no application has been made under section 17(1), the Director General may issue to the new owner a notice requiring that an application for the transfer of the licence be made under section 17.
(2b) In subsection (2a) —
new owner, in relation to a vehicle, means a person who, according to the notice received by the Director General, has become a new owner of the vehicle and, if there is more than one such person, each or any of them.
(2c) If a vehicle has not been modified in accordance with a notice issued under subsection (2a)(a) within 28 days after the notice is issued, or any longer period that the Director General allows, the Director General shall cancel the licence in respect of the vehicle.
(2d) A person to whom a notice is issued under subsection (2a)(b) commits an offence if an application for the transfer of the licence for the vehicle is not made within 28 days after the notice is issued, or any longer period that the Director General allows, unless it can be shown that —
(a) the person did not agree to becoming an owner of the vehicle and has notified the Director General in writing accordingly;
(b) another person has been nominated for the purposes of section 5(4);
(c) there is more than one owner of the vehicle and there is good reason why a person was not nominated under section 5(4); or
(d) there was some other good reason why the application for the transfer of the licence was not made.
(3) The court convicting a person of an offence against subsection (2d) shall, whether imposing a penalty or not, order the person to pay the sum of —
(a) the prescribed transfer fee; and
(b) the amount payable under a taxation Act, as defined in the Taxation Administration Act 2003 Glossary, in respect of the transfer of the licence.
(4) The other subsections of this section do not apply if a person to whom a licence in respect of a vehicle has been granted dies, and in that case the Director General shall on an application under section 17, if any, by the executor or administrator of the estate of that person endorse on the licence the transfer of the licence to that executor or administrator.
[Section 24 amended by No. 105 of 1981 s. 19; No. 11 of 1988 s. 19; No. 21 of 1995 s. 8; No. 57 of 1995 s. 6; No. 76 of 1996 s. 20(3); No. 24 of 1999 s. 9; No. 39 of 2000 s. 13; No. 28 of 2001 s. 23(2) and 24; No. 45 of 2002 s. 27; No. 12 of 2008 s. 52.]
24A. Requirement to make declaration on applying for grant or transfer of vehicle licence
(1) Regulations may require an applicant for the grant or transfer of a licence in respect of a vehicle to declare in writing that the vehicle meets any prescribed standard or requirement relating to the security of vehicles that applies to that vehicle.
(2) If the applicant does not comply with a requirement of regulations made for the purposes of subsection (1), it may be taken for the purposes of section 17(2)(a) that the vehicle concerned does not meet the prescribed standard or requirement.
[Section 24A inserted by No. 52 of 1998 s. 4; amended by No. 39 of 2000 s. 14.]
24B. Change of nominated owner
(1) If a person is the owner of a vehicle as the result of a nomination for the purposes of section 5(4), the person may apply to the Director General, in a form approved by the Director General, to cancel the nomination.
(2) The application is to include a statement, signed by each person who would be an owner if there had been no nomination, to the effect that they agree to another of them being the owner of the vehicle for the purposes of this Act.
(3) If the Director General approves the application and the applicant pays the prescribed fee, if any —
(a) the current nomination ceases to have effect;
(b) the statement under subsection (2) is to be treated as being a nomination for the purposes of section 5(4); and
(c) the Director General is to vary the licence by changing the name of the person to whom the licence is granted in accordance with the application.
[Section 24B inserted by No. 39 of 2000 s. 15; amended by No. 28 of 2001 s. 23(2).]
25. Review
(1) An application for review may be made to the State Administrative Tribunal in any case where an application for the grant, renewal, transfer, or variation of a licence under this Part is refused, or where a licence is cancelled or suspended under section 23A.
[(2) repealed]
[Section 25 amended by No. 39 of 2000 s. 16(1); No. 28 of 2001 s. 14 and 23(1); No. 55 of 2004 s. 1062.]
26. Permits etc. for unlicensed vehicles
(1) The Director General may, on payment of the prescribed fee, grant to a person a permit authorising, subject to such conditions as the Director General may impose, the driving of an unlicensed vehicle or the towing of an unlicensed vehicle —
(a) to or from any place at which the Director General grants vehicle licences or examines vehicles in connection with the granting of vehicle licences or to or from any place at which the vehicle is to be or has been repaired; or
(b) for such other purposes as may be prescribed or approved by the Director General.
(2) The Director General may, on payment of the prescribed fee, assign and issue to a person of a prescribed class number plates which may be used, subject to such conditions as may be prescribed, on any unlicensed motor vehicle.
(2a) Without limiting any power conferred upon him to make regulations under this Act, the Governor may make regulations prescribing —
(a) a fee to be paid from time to time for the use and possession of number plates issued under subsection (2);
(b) a deposit to be paid on the issue of, and in respect of, such number plates, and the circumstances in which that deposit shall be forfeited or refunded; and
(c) as a condition referred to in subsection (2) and subsection (3)(b), the use of an unlicensed motor vehicle in such circumstances or for such purposes as the Director General may, in any particular case, approve.
(3) Where an unlicensed motor vehicle is used on a road —
(a) under the authority of a permit granted under subsection (1) and in accordance with such conditions, if any, as may have been imposed at the time of the grant of the permit; or
(b) with number plates issued pursuant to subsection (2) and in accordance with such conditions as may be prescribed relating to the use of those plates and of vehicles to which they may be attached,
the use of the vehicle shall be lawful notwithstanding any provision of section 15 to the contrary.
(4) Where an unlicensed motor vehicle for which a permit has been granted under subsection (1) is driven or towed otherwise than in accordance with any condition imposed under that subsection, the Director General may cancel the permit by notice in writing under subsection (5).
(5) A notice in writing referred to in subsection (4) —
(a) shall be signed by a person authorised so to do by the Director General;
(b) shall be served on the person to whom the permit was granted; and
(c) shall come into operation when it is so served or at such later time (if any) as is specified in the notice.
[Section 26 amended by No. 71 of 1979 s. 4; No. 81 of 1980 s. 4; No. 105 of 1981 s. 10 and 19; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 23(1) and (2).]
27. Register of vehicle licences
(1) The Director General shall keep a register of vehicle licences, and enter therein particulars of every vehicle licence granted, and shall upon the grant or renewal of any vehicle licence issue to the applicant a registration label evidencing the grant of the licence.
(2) A registration label is valid only while the vehicle licence in respect of which it is granted is valid.
(3) The licence holder of a licensed vehicle —
(a) shall within 21 days after the issue or renewal of the vehicle licence affix to the vehicle; and
(b) shall at all times whilst the vehicle licence remains valid keep affixed to the vehicle,
the registration label issued to him under this section by such means, in such manner, and in or on such place in the vehicle as may be prescribed.
[Section 27 amended by No. 105 of 1981 s. 19; No. 76 of 1996 s. 20(3); No. 24 of 2000 s. 39(2); No. 39 of 2000 s. 17; No. 28 of 2001 s. 23(1) and (2).]
27A. Effect of disqualification
(1) Where a licence suspension order is made under the Fines, Penalties and Infringement Notices Enforcement Act 1994 in respect of a person, a licence held by that person in respect of a vehicle specified in the order or in respect of any vehicle (as the order directs), shall by force of this section be suspended so long as the licence suspension order continues in force and during that period shall be of no effect.
(2) Subsection (1) shall not operate to extend the period for which a vehicle licence may be valid or effective beyond the expiration of the period for which the licence was expressed to be granted or renewed.
(3) A vehicle licence obtained by a person who is disqualified from holding or obtaining a vehicle licence shall be of no effect.
[Section 27A inserted by No. 92 of 1994 s. 35; amended by No. 28 of 2001 s. 23(2).]
28. Classification of vehicle licences
Notwithstanding any other provision of this Part, the Governor may make regulations prescribing classes of vehicle licences and by those regulations —
(a) designate the kind or kinds of vehicle to which any class of licence is to apply;
(b) permit licences of any particular class to be granted for a limited period or limited periods; and
(c) empower the Director General to impose limitations on the use of a vehicle for which a particular class of licence is granted.
[Section 28 amended by No. 105 of 1981 s. 19; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 23(2).]
28A. Fees may be amended by regulation
[(1) repealed]
(2) Where regulations made under section 19(3) are amended or replaced, the regulations as in force immediately before the commencement day of the amending or replacing regulations shall continue to apply in relation to —
(a) the grant of a vehicle licence if that licence is granted before the specified day; and
(b) the renewal of a vehicle licence if, in accordance with regulations made under section 18, that renewal has effect, or is deemed to have effect, on and from a day that precedes the specified day.
(3) In this section —
commencement day in relation to regulations, means the day from which, pursuant to section 41 of the Interpretation Act 1984, those regulations take effect and have the force of law;
specified day, in relation to regulations, means the day prescribed therein as the specified day for the purposes of this section, being a day not less than 30 days after the commencement day of those regulations.
[Section 28A inserted by No. 10 of 1979 s. 4; amended by No. 28 of 2001 s. 15.]
29. Minister may require vehicles to be inspected
(1) The Minister may, by notice published in the Government Gazette, prohibit the grant, renewal or transfer of any vehicle licence, in respect of a vehicle unless and until the vehicle has been examined and a certificate of inspection has been issued pursuant to this Act that the vehicle meets the prescribed standards and requirements and that the vehicle is fit for the purpose for which the licence is desired.
(2) The Minister may, in a notice under subsection (1), declare that the provisions of the notice —
(a) apply in respect of vehicles generally or in respect of vehicles of a class specified in the notice;
(b) apply throughout the State or in a part of the State specified in the notice;
(c) do not apply in a case, or cases of a class, specified in the notice.
[Section 29 inserted by No. 71 of 1979 s. 5; amended by No. 76 of 1996 s. 6; No. 28 of 2001 s. 23(1).]
Part IV — Overseas motor vehicles when temporarily in Australia
30. Application of this Part
(1) This Part applies to any motor vehicle which is imported for temporary use in the Commonwealth from any country outside the Commonwealth and is —
(a) landed in this State direct from that country; or
(b) brought to this State from any other State or a Territory of the Commonwealth.
(2) The provisions of this Part do not affect the other provisions of this Act or the provisions of the regulations made under this Act except to the extent expressly provided.
[Section 30 amended by No. 57 of 1997 s. 106(1).]
31. When owner of overseas vehicle entitled to free licence
Where a motor vehicle to which this Part applies and which is owned by a person who is not a permanent resident of any State or Territory of the Commonwealth is landed in this State direct from any country outside the Commonwealth, the owner of the vehicle is entitled, on application to the Director General and subject to the provisions of sections 34 and 35, to be granted a vehicle licence for that vehicle without payment of the vehicle licence charge, for a period not exceeding 12 months calculated from the date when the vehicle was landed in this State, if it appears to the Director General that there are in force —
(a) a vehicle licence or registration effected in relation to that vehicle under the law of the country of which the owner is a permanent resident; and
(b) a contract of insurance with respect to the vehicle as provided in section 4 of the Motor Vehicle (Third Party Insurance) Act 1943,
but the period for which the Director General grants a licence under this section shall not extend beyond the date of the expiry of the licence or registration effected under the law of that country nor beyond the date of the expiry of the contract of insurance.
[Section 31 amended by No. 105 of 1981 s. 19; No. 21 of 1995 s. 9; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 16, 23(3) and 24.]
32. Licence granted in another State valid in this State
For the purpose of this Part a licence granted or a registration effected by any licensing or registering authority of another State or Territory of the Commonwealth in respect of a vehicle to which this Part applies is, during the currency of the licence or registration and so long as a contract of insurance with respect to that vehicle as provided in section 3(4), or in section 4, of the Motor Vehicle (Third Party Insurance) Act 1943 is in force, to be regarded as a vehicle licence under this Act in respect of the vehicle when it is used on any road within the State.
[Section 32 amended by No. 28 of 2001 s. 23(2).]
33. When free licence may be extended free of charge
Where a licence granted without payment of the vehicle licence charge under section 31, or a licence granted, or a registration effected, free of charge by any licensing or registering authority of another State or a Territory of the Commonwealth, in respect of a motor vehicle to which this Part applies, expires, the owner of the vehicle is, if the vehicle is being used in this State, on application to the Director General and subject to the provisions of sections 34 and 35, entitled to an extension or a renewal of the licence or registration by the Director General without payment of the vehicle licence charge for a period not extending beyond the period of 12 months from the date on which the vehicle was landed in the Commonwealth, if it appears to the Director General that there are in force —
(a) a vehicle licence or registration effected in respect of that vehicle under the law of the country of which the owner is a permanent resident; and
(b) a contract of insurance with respect to the vehicle as provided in section 3(4), or in section 4, of the Motor Vehicle (Third Party Insurance) Act 1943,
but the period for which the Director General extends or renews the licence or registration under this section is not to extend beyond the date of the expiry of the licence or registration, as the case may be, effected under the law of that country nor beyond the date of the expiry of the contract of insurance.
[Section 33 amended by No. 105 of 1981 s. 19; No. 21 of 1995 s. 9; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 23(2) and 24.]
34. Owner to furnish evidence of guarantee that vehicle will be taken out of Australia before free licence or extension of licence granted
The owner of the vehicle is not entitled to be granted a licence for the vehicle without payment of the vehicle licence charge under section 31 or to an extension or renewal of the licence or registration without payment of the vehicle licence charge under section 33, unless he produces for inspection by the Director General a document representing a valid Triptyque or Carnet de passages en douane relating to the vehicle, or such other documentary evidence as the Director General requires establishing that the owner has given to the Customs Department of the Commonwealth Government a guarantee that the vehicle is to be subsequently taken out of Australia.
[Section 34 amended by No. 105 of 1981 s. 19; No. 21 of 1995 s. 9; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 23(3) and 24.]
35. No licence to be granted or extended unless requirements regarding construction etc. of vehicles complied with
The Director General shall not grant, extend or renew a licence in respect of a motor vehicle to which this Part applies, notwithstanding the provisions of section 31 or 33, unless it appears to a licensing officer of the Director General that the provisions of this Act relating to the construction, appliances, lamps and other equipment of motor vehicles have been complied with in regard to that motor vehicle.
[Section 35 amended by No. 105 of 1981 s. 19; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 17.]
36. Free licence or renewal ceases to be valid when owner becomes, or transfers vehicle to, permanent resident
When the owner of a vehicle to which this Part applies and in respect of which a vehicle licence is granted, extended or renewed without payment of the vehicle licence fee under this Part becomes, or transfers the vehicle to, a permanent resident of the Commonwealth of Australia, the licence so granted, extended or renewed becomes invalid.
[Section 36 amended by No. 21 of 1995 s. 9; No. 28 of 2001 s. 23(2).]
37. When provisions of Act apply as though this Part was not enacted
Where the owner of a vehicle to which this Part applies is not entitled to be granted with a licence for the vehicle without payment of the vehicle licence charge under section 31, or to an extension or renewal of the licence without payment of the vehicle licence charge under section 33, or where a licence granted without payment of the vehicle licence charge in respect of a vehicle to which this Part applies becomes invalid as provided by section 36, the vehicle may be licensed in accordance with the provisions of this Act as though this Part was not enacted.
[Section 37 amended by No. 21 of 1995 s. 9; No. 28 of 2001 s. 23(2) and 24.]
38. Registration label to be granted with each licence or renewal of licence
(1) Where, under the provisions of this Part, a licence for a vehicle shall or may be granted, extended or renewed without payment of the vehicle licence charge the Director General shall, when granting, extending or renewing a licence, issue to the owner of the vehicle a registration label, without further payment, which shall have effect for the duration of the licence in respect of which it is granted.
(2) The owner of the vehicle shall, so long as the licence in respect of which it is granted remains in force, affix and keep affixed to the vehicle the registration label issued to him under this section by such means and in such manner as is prescribed in regard to ordinary registration labels.
[Section 38 amended by No. 105 of 1981 s. 19; No. 21 of 1995 s. 9; No. 76 of 1996 s. 20(3); No. 28 of 2001 s. 23(2) and 24.]
39. Number plates on overseas vehicles
(1) Where a motor vehicle, to which this Part applies and which is owned by a person who is not a permanent resident of any State or Territory of the Commonwealth, when landed in or brought to this State, is equipped with one or more number plates in accordance with the law of the country, or the States or Territory of the Commonwealth from which it was so landed or brought, those number plates are to be regarded, so long as the vehicle licence under this Act remains or is regarded to be in force and the vehicle is being used temporarily within the Commonwealth, as number plates issued under this Act.
(2) Where the vehicle is not so equipped or where the number plate is so mutilated that any material part is obscured, obliterated or indistinct, the Director General shall, on payment of the prescribed charge, issue to the person a temporary plate or plates which he shall affix to the vehicle in the manner prescribed and which are to be regarded, so long as a vehicle licence or registration under this Act remains in force in respect of the vehicle and the vehicle is being used temporarily within the Commonwealth, as a number plate or plates issued under this Act.
[Section 39 amended by No. 105 of 1981 s. 19; No. 76 of 1996 s. 20(3).]
40. Regulations
The Governor may make such regulations as may be necessary or convenient for carrying out or giving effect to the provisions of this Part and, without limiting the generality of the foregoing, by such regulations may —
(a) prescribe the particulars to be stated in any application made under section 31 or 33;
(b) prescribe the type of temporary number plates to be issued by the Director General, the charge for temporary number plates and the conditions of their use, and provide for their surrender before the vehicles in respect of which they are issued are taken out of Australia;
(c) provide for the issue by the Director General at a prescribed charge of plates displaying the words “Left‑Hand Drive” in letters at least 50 millimetres high to owners of vehicles to which this Part applies and which have the steering apparatus on the left‑hand side of the vehicle;
(d) prescribe the charge for those plates;
(e) prescribe the conditions under which “Left‑Hand Drive” vehicles to which this Part applies may be used on any road in this State;
(f) prescribe the nature and kind of information and particulars owners of vehicles to which this Part applies are to give the Director General at any specified time or from time to time;
(g) authorise the licensing under this Part and the use in this State of vehicles to which this Part applies notwithstanding that any regulations relating to the construction, appliances, lamps and other equipment have not been complied with; and
(h) require every vehicle to which this Part applies and in respect of which any regulations referred to in paragraph (g) have not been complied with to be converted so as to comply with those regulations when the owner becomes, or the vehicle is transferred to, a permanent resident of the Commonwealth.
[Section 40 amended by No. 105 of 1981 s. 19; No. 76 of 1996 s. 20(3).]
41. Transport Co‑ordination Act 1966 not affected
The provisions of this Part do not affect any of the provisions of the Transport Co‑ordination Act 1966.
Part IVA — Authorisation to drive
[Heading inserted by No. 54 of 2006 s. 6.]
Division 1 — Preliminary
[Heading inserted by No. 54 of 2006 s. 6.]
41A.
In this Part, unless the contrary intention appears —
condition includes a limitation;
driver’s licence register means the register referred to in section 42(1)(a)(ii).
[Section 41A inserted by No. 54 of 2006 s. 6.]
Division 2 — Driver licensing
[Heading inserted by No. 54 of 2006 s. 6.]
42. Regulations for driver licensing scheme
(1) The regulations are, together with this Part, to provide for a driver licensing scheme under which —
(a) the Director General —
(i) grants people licences to drive motor vehicles on roads; and
(ii) keeps a driver’s licence register to record information about drivers’ licences under this Act;
and
(b) the identification of people driving motor
(2) The particular purposes for which this Part provides that regulations are to be, or may be, made do not prevent anything in section 111 from applying to the making of regulations for the purposes of this Part.
(3) The regulations may —
(a) classify the different kinds of authorisation to drive that may be conferred by a driver’s licence and provide for a licence to be designated according to the class or classes of authorisation that the licence confers on the holder;
(b) grade each class of authorisation to drive according to the driving skills and other requirements to be met before a person can hold a driver’s licence conferring authorisation of that class;
(c) prescribe different endorsements of drivers’ licences that can be made, and the effect of each endorsement;
(d) provide for schemes for assessing the competency of people to hold drivers’ licences;
(e) prescribe requirements for the holding of a licence under this Part authorising the holder to drive when learning that may differ from the requirements for the holding of a driver’s licence appropriate for that driving when not learning.
(4) The regulations may —
(a) provide for the manner and form in which an application may be made for the grant, renewal, or variation of a driver’s licence;
(b) require an applicant for the grant, renewal, or variation of a driver’s licence to produce information relevant to the application.
(5) The regulations may —
(a) provide for the grant or renewal of a driver’s licence and include provisions about refusal to grant or renew a driver’s licence;
(b) impose, or provide for the imposition of, conditions on a driver’s licence;
(c) provide for the granting of a driver’s licence as a provisional licence for the purposes of this Act;
(d) fix the period for which a driver’s licence remains in force;
(e) include provisions about the disqualification of a person from holding or obtaining a driver’s licence and the surrender, cancellation, variation or suspension of a driver’s licence;
(f) provide for the issue of a driver’s licence document to a person who has a driver’s licence;
(g) provide for —
(i) what is to be authorised by a licence that, before an amendment to the regulations, operated by reference to a vehicle classification that no longer exists; and
(ii) an expedited means for the licence holder to obtain a licence authorising anything that was formerly authorised by the licence but, because of the amendment, has ceased to be authorised;
(h) prescribe circumstances in which a driver’s licence document has to be returned to the Director General and prescribe how it is to be returned;
(i) create offences involving the alteration, destruction, or misuse of a driver’s licence document.
(6) The regulations may —
(a) provide for the Director General to disclose information about a person who has applied for, who holds, or who has held, a driver’s licence;
(b) relieve any driver described in the regulations from the requirement to comply with this Part, or a specified provision of this Part or the regulations.
[Section 42 inserted by No. 54 of 2006 s. 6.]
42A. Director General’s licensing functions
It is a function of the Director General to administer the driver
[Section 42A inserted by No. 54 of 2006 s. 6.]
42B. Certain licences authorise learner driving
(1) The holder of an Australian driver licence may drive a vehicle on a road even though —
(a) that licence is not sufficient authorisation to do so; and
(b) the person does not hold a learner’s permit authorising the person to do so,
if the regulations specify a licence of that description as authorising that driving to the same extent as if the person held the appropriate learner’s permit.
(2) This Act applies in respect of a person driving as authorised by this section as if the person held a learner’s permit authorising that driving.
[Section 42B inserted by No. 54 of 2006 s. 6.]
42C. Dishonestly obtained driver’s licence
(1) If a person commits an offence under section 97(b) for the purpose of obtaining the grant, renewal, or variation of a driver’s licence, the driver’s licence is void from the time when the offence is committed.
(2) A person must not, without lawful authority or excuse, possess a driver’s licence document for a licence that is void because of subsection (1).
Penalty: 32 PU.
[Section 42C inserted by No. 54 of 2006 s. 6.]
42D. Driver’s licence not to be granted or renewed in certain circumstances
(1) Except as allowed by subsection (2) or in a case described in subsection (4), the Director General cannot grant a driver’s licence to a person unless —
(a) the Director General —
(i) is satisfied that the person usually resides in this State; or
(ii) is satisfied that the person does not usually reside in any other jurisdiction and does not hold, and has never held, an Australian driver licence granted under the law of another jurisdiction;
and
(b) if the person has held —
(i) any Australian driver licence; or
(ii) any licence or authorisation to drive a motor vehicle granted to the person by an external licensing authority,
the person has ceased to hold the licence or authorisation and has notified the Director General, in a form approved by the Director General, of that fact.
(2) Despite subsection (1), the Director General may, in circumstances prescribed in the regulations, grant a driver’s licence to a person who still holds a licence or authorisation to drive a motor vehicle granted to the person by an external licensing authority.
(3) Except in a case described in subsection (4), the Director General cannot renew a person’s driver’s licence if the Director General —
(a) is no longer satisfied as section 42D(1)(a) would require if that paragraph applied; or
(b) is satisfied that the person has any other licence or authorisation because of which, if the person were seeking the grant rather than the renewal of the driver’s licence, subsection (1) would prevent the Director General from granting it.
(4) This section does not prevent the Director General from granting an extraordinary licence to a person or renewing a person’s extraordinary licence —
(a) even though the person may not usually reside in this State, and whether or not the person usually resides in any other jurisdiction; and
(b) even though the person may have a licence or authorisation referred to in subsection (1)(b).
(5) This section does not limit the circumstances in which the Director General may refuse to grant or renew a driver’s licence.
[Section 42D inserted by No. 54 of 2006 s. 6.]
42E. Additional matters to do with identity
(1) The Director General cannot grant or renew a driver’s licence until the applicant has provided, in support of the application, any evidence required by the regulations to establish the applicant’s identity and residential address in this State.
(2) Except as prescribed in the regulations, the Director General cannot grant or renew a driver’s licence unless the applicant has, at the time of the application or
(a) a photograph taken within 10 years of the application; and
(b) a signature made within 10 years of the application,
for use on the driver’s licence document.
(3) The photograph and signature are to be provided in a manner and form approved by the Director General.
(4) The Director General is to ensure that any photograph or signature provided under this section is destroyed if it, or a copy of it, has not been used on a driver’s licence document for a driver’s licence granted or renewed in the preceding 10 years.
(5) A person who, other than for the purposes of this Part, possesses a photograph or signature provided under this section that is not on a driver’s licence document commits an offence.
Penalty: Imprisonment for 2 years.
(6) A person employed or engaged in connection with any aspect of the production of driver’s licence documents or otherwise concerned in the administration of this Part, who, otherwise than in the administration of this Part —
(a) reproduces, by any means, a photograph or signature that appears, or is to appear, on a driver’s licence document; or
(b) causes or permits another person to do so,
commits an offence.
Penalty: Imprisonment for 2 years.
(7) In this section —
destroyed includes damaged so as to be unusable;
photograph includes a negative or an image stored electronically.
[Section 42E inserted by No. 54 of 2006 s. 6.]
Division 3 — Learner’s permit
[Heading inserted by No. 54 of 2006 s. 6.]
43. Learner’s permit
(1) The Director General may issue to a person a learner’s permit authorising the person to drive a motor vehicle on a road solely for the purpose of learning to drive it.
(2) The permit does not authorise driving except in the course of driving instruction by —
(a) the holder of a licence issued under the Motor Vehicle Drivers Instructors Act 1963; or
(b) anyone else prescribed in the regulations.
(3) The permit must either set out in full or sufficiently identify any condition to which it is subject other than a condition imposed by this section or by the regulations.
(4) The permit expires at the end of a period of 3 years after the day on which it is issued unless it has terminated before then, and the Director General may cancel it at any time by notice in writing given to the permit holder.
(5) Regulations may be made about learners’ permits and, without limiting what else may be dealt with in the regulations, they may fix the minimum age below which, unless the Director General is satisfied that denial of the permit would occasion undue hardship or inconvenience, a person cannot be issued with a learner’s permit.
[Section 43 inserted by No. 54 of 2006 s. 6.]
Division 4 — Other matters about driver authorisations
[Heading inserted by No. 54 of 2006 s. 6.]
44. Authorisation to drive without a driver’s licence
(1) The regulations may provide that a motor vehicle of a class or kind prescribed in the regulations may, either generally or in prescribed circumstances, be driven on roads without the driver holding a driver’s licence.
(2) The regulations may provide for the Director General to permit a person to drive without holding a driver’s licence of a kind that would otherwise be required to authorise that driving, and may provide for the Director General to make the permission subject to conditions.
[Section 44 inserted by No. 54 of 2006 s. 6.]
44A. Driving while undergoing driving test
If the Director General causes a person applying for a driver’s licence or an extension of the authority given by a driver’s licence to undergo a driving test for the purposes of demonstrating the applicant’s ability to drive, the applicant is authorised to drive in the course of the driving test as if the applicant were at that time the holder of the appropriate driver’s licence.
[Section 44A inserted by No. 54 of 2006 s. 6.]
44B. Recognition of authorisation of another jurisdiction
(1) The regulations are to provide for the Director General to recognise —
(a) another jurisdiction’s driving authorisation; and
(b) any condition to which that authorisation is expressed to be subject other than a condition —
(i) that cannot apply in this State; or
(ii) that the regulations specify as not needing to be recognised,
and are to specify the effects of that recognition for the purposes of this Act.
(2) The recognition of another jurisdiction’s driving authorisation cannot, at a particular time, authorise its holder to drive in this State to any greater extent than the recognised authorisation would, at that time, authorise the holder to drive in the other jurisdiction.
(3) Subsection (2) does not prevent the holder of another jurisdiction’s driving authorisation from being authorised to drive in this State to a greater extent than the recognised authorisation would authorise the holder to drive in the other jurisdiction because of a condition described in subsection (1)(b)(i) or (ii).
(4) In this section —
another jurisdiction’s driving authorisation means a licence or other authorisation granted to a person under the law of another jurisdiction authorising the person to drive a motor vehicle on a road whether or not solely for the purpose of learning to drive it.
[Section 44B inserted by No. 54 of 2006 s. 6.]
44C. Things in other jurisdictions may affect authorisation to drive in WA
(1) The regulations may provide for the recognition of —
(a) an offence under the law of another jurisdiction or any other matter relevant for the purposes of a driver licensing scheme under the law of another jurisdiction;
(b) a disqualification from holding or obtaining a driver licence, a restriction on the driver licence that may be held or obtained, or the suspension of a driver licence, imposed under the law of another jurisdiction;
(c) anything under the law of another jurisdiction corresponding to an excessive demerit points notice under section 104I(1) or an election under section 104J(1),
and, if they do, are to specify the effects of that recognition for the purposes of this Act.
(2) In subsection (1) —
driver licence means any licence or authorisation that is an Australian driver licence.
[Section 44C inserted by No. 54 of 2006 s. 6.]
44D. External Territories and other countries
(1) The regulations may provide for the Director General to recognise —
(a) any authorisation or status that a person has under a foreign law about driving; and
(b) any offence that a person has committed against any foreign law about driving,
and, if they do, are to specify the effects of that recognition for the purposes of this Act.
(2) In subsection (1) —
foreign law means the law of an external Territory, as defined in the Acts Interpretation Act 1901 of the Commonwealth, or the law of another country.
[Section 44D inserted by No. 54 of 2006 s. 6.]
45. Exchange of information between jurisdictions
(1) The Director General may provide to another Australian driver licensing authority any information sought by that authority for the purposes of performing that authority’s functions to do with driver licensing.
(2) If the Director General provides to another Australian driver licensing authority information about an offence of which a person has been convicted or for which a person has been given an infringement notice, the
(a) any quashing of the conviction;
(b) any withdrawal of the infringement notice or the matter coming before a court for determination;
(c) any withdrawal of proceedings under Part 3 of the Fines, Penalties and Infringement Notices Enforcement Act 1994 in respect of the infringement notice; or
(d) anything else known to the Director General concerning the offence, the disclosure of which is likely to be favourable to that person.
(3) The Director General may seek from another Australian driver licensing authority any information that the Director General considers relevant for the purposes of performing functions under this Act.
(4) The Director General may, for the purposes of performing functions under this Act, use information obtained from another Australian driver licensing authority.
(5) In this section —
infringement notice has the same meaning as it has in Part VIA.
[Section 45 inserted by No. 54 of 2006 s. 6.]
46. Security of information in driver’s licence register
The Director General must ensure that information contained in the driver’s licence register that —
(a) would disclose the name, address, date of birth, or any medical details of an individual; or
(b) has commercial sensitivity for the person about whom it is kept,
is not released except as provided by the regulations.
[Section 46 inserted by No. 54 of 2006 s. 6.]
47. Regulations may refer to published documents
(1) Regulations made for the purposes of this Part may adopt the text of any published document specified in the regulations —
(a) as that text exists at a particular date; or
(b) as that text may from time to time be amended.
(2) The text may be adopted —
(a) wholly or in part;
(b) as modified by the regulations.
(3) The adoption may be direct (by reference made in the regulations), or indirect (by reference made in any text that is itself directly or indirectly adopted).
(4) The adoption of text is of no effect unless —
(a) the adopted text; and
(b) if text is adopted as it may be amended from time to time, either —
(i) the amendments to the text; or
(ii) the text as amended,
can at all reasonable times be inspected or purchased by the public.
[Section 47 inserted by No. 54 of 2006 s. 6.]
48. Transitional regulations
Regulations may contain provisions that are necessary or convenient for dealing with matters concerning the transition from the provisions applying before the commencement of section 6
[Section 48 inserted by No. 54 of 2006 s. 6.]
48A. Review of Director General’s decisions under this Part
The regulations may —
(a) provide for the review of a decision of the Director General made under this Part; and
(b) give the Commissioner of Police a right to be heard in proceedings for the review of a decision of the Director General made under this Part.
[Section 48A inserted by No. 54 of 2006 s. 6.]
[48B-48F. Repealed by No. 54 of 2006 s. 6.]
Part V — Regulation of traffic
[Heading inserted by No. 76 of 1996 s. 11.]
Division 1A — Terms used in this Part
[Heading inserted by No. 39 of 2007 s. 19.]
49AA. Terms used in this Part
In this Part —
bodily harm has the meaning given in The Criminal Code section 1(1);
grievous bodily harm has the meaning given in The Criminal Code section 1(1).
[Section 49AA inserted by No. 39 of 2007 s. 19.]
Division 1 — Driving of vehicles: general offences
[Heading inserted by No. 10 of 2004 s. 6.]
49. Driving while unlicensed or disqualified
(1) A person who —
(a) drives a motor vehicle on a road while not authorised under Part IVA to do so; or
(b) employs or permits another person to drive a motor vehicle as described in paragraph (a),
commits an offence.
Penalty:
(a) unless subsection (3) applies —
(i) for a first offence, 6 PU;
(ii) for a subsequent offence, 12 PU;
(b) if subsection (3)(d), but no other paragraph of subsection (3), applies —
(i) a fine of not less than 4 PU or more than 30 PU; and
(ii) imprisonment for not more than 12 months,
and the court may order that the offender be disqualified from holding or obtaining a driver’s licence for a period of not more than 3 years;
(c) if subsection (3)(a), (b), or (c) applies —
(i) for a first offence, a fine of not less than 8 PU or more than 40 PU, and imprisonment for not more than 12 months;
(ii) for a subsequent offence, a fine of not less than 20 PU or more than 80 PU, and imprisonment for not more than 18 months,
and the court shall order that the offender be disqualified from holding or obtaining a driver’s licence for a period of not less than 9 months and not more than 3 years.
(2) It is a defence to a charge of an offence under subsection (1) to prove that the motor vehicle was driven in accordance with —
(a) regulations referred to in section 44(1); or
(b) a necessity permit under section 49A.
(3) If an offence under subsection (1)(a) is committed by a person —
(a) who has applied for, but has been refused, an Australian driver licence of a kind required;
(b) who has never held an Australian driver licence of a kind required and is disqualified from holding or obtaining an Australian driver licence of a kind required other than for the reason described in paragraph (d) or who has held an Australian driver licence of a kind required but ceased to hold the licence of that kind most recently held other than —
(i) because the person voluntarily surrendered the licence most recently held or it expired; or
(ii) for the reason described in paragraph (d);
(c) whose authority to drive, whether under an Australian driver licence or otherwise, is for the time being suspended other than for the reason described in paragraph (d); or
(d) who is no longer authorised to drive because of penalty enforcement laws, as described in subsection (9),
a member of the Police Force may, without a warrant, arrest the person.
(4) A person who would only come within a description in subsection (3)(a), (b), or (c) because of a decision for the review of which an application had been made to the State Administrative Tribunal is excluded from that description if the application had been made, but not determined, when the offence under subsection (1)(a) was committed.
(5) If a person to whom the Director General has been ordered under section 76(3) to grant an extraordinary licence commits an offence under subsection (1)(a) —
(a) before the extraordinary licence is granted; or
(b) when the extraordinary licence has expired and has not been renewed,
neither the order nor any extraordinary licence granted affects subsection (3).
(6) An offence under subsection (1) is a subsequent offence if the offender has previously been convicted of any offence under that subsection as in force at any time, except that, if subsection (3)(a), (b), or (c) applies to an offence under subsection (1)(a), the offence is a subsequent offence only if the person has previously been convicted of a relevant offence.
(7) In subsection (6) —
relevant offence means —
(a) an offence under subsection (1)(a) as in force after the commencement of section 7 of the Road Traffic Amendment Act 2006 1 being an offence to which subsection (3)(a), (b), or (c) applied; or
(b) an offence under subsection (1)(a) as in force at a time before the commencement of section 7 of the Road Traffic Amendment Act 2006 1 being an offence that would have been taken into account in determining whether another offence committed before that commencement, in circumstances mentioned in section 49(2)(a)(ii) or (iii) or (2)(b) as then in force, would have been a first or subsequent offence.
(8) A period of disqualification ordered under subsection (1) is cumulative upon —
(a) any other period of disqualification to which the person may then be subject; or
(b) any period for which the operation of a driver’s licence held by the person may currently be suspended.
(9) When subsection (3)(d) refers to a person who is no longer authorised to drive because of penalty enforcement laws, it means that the person —
(a) has been disqualified from holding or obtaining a driver’s licence under section 19 or 43 of the Fines, Penalties and Infringement Notices Enforcement Act 1994; or
(b) is the subject of any disqualification or suspension under a law of another jurisdiction that is prescribed to be a corresponding law for the purposes of this subsection.
[Section 49 inserted by No. 54 of 2006 s. 7.]
49A. Offence when authorisation to drive lost because of penalty enforcement laws
(1) This section applies if a police officer finds a person (the driver) committing an offence under section 49(1)(a) in the circumstances referred to in section 49(3)(d).
(2) If this section applies and the police officer suspects on reasonable grounds that, at the time of committing the offence, the driver —
(a) did not know of the circumstances referred to in section 49(3)(d); and
(b) had not been cautioned previously under this section since those circumstances came about,
the police officer may decline to charge the driver with an offence under section 49(1)(a) and may instead issue a caution to the driver.
(3) The caution must be in a prescribed form.
(4) If this section applies and it appears to the police officer that it would be impracticable, or may jeopardise the safety of any person, for the driver to immediately cease driving —
(a) if the police officer issues a caution, the caution must include a necessity permit; and
(b) in any other case, the police officer may grant the driver a necessity permit.
(5) In subsection (4) —
necessity permit means a permit for the driver to drive by the shortest practicable route to a place specified in the permit.
[Section 49A inserted by No. 54 of 2006 s. 8.]
50. Unauthorised driving by learner drivers
The holder of a learner’s permit shall not drive a motor vehicle except in conformity with any conditions to which the permit is subject and unless accompanied by a driving instructor under whose instruction the permit authorises the holder to drive seated beside the holder or, in the case of a permit to drive a motor cycle, riding in a side car attached, or on a pillion seat fitted, to the motor cycle or riding on an accompanying motor cycle.
Penalty: 6 PU.
[Section 50 inserted by No. 76 of 1996 s. 12; amended by No. 50 of 1997 s. 13; No. 28 of 2001 s. 23(2); No. 54 of 2006 s. 9; No. 39 of 2007 s. 25.]
50A. Authorisation other than Australian driver licence
(1) A person whose authority to drive depends on a licence or authorisation granted under the law of an external licensing authority is required —
(a) while driving a motor vehicle on a road, to carry —
(i) the official document that is evidence of that licence or authorisation; and
(ii) if the official document is not in the English language, a translation of it into the English language verified by a person or body approved by the Director General;
and
(b) to produce that document for inspection at the request of any member of the Police Force.
(2) If the person fails to comply with any condition to which the licence or authorisation is subject that can lawfully be complied with in this State, the person commits an offence.
Penalty:
(a) for a first offence, 8 PU;
(b) for a subsequent offence, 16 PU.
[Section 50A inserted by No. 54 of 2006 s. 10.]
51. Cancellation of drivers’ licences granted on probation
(1) Where the holder of a driver’s licence that is a provisional licence —
(a) is convicted of an offence —
(i) mentioned in section 277 of The Criminal Code and the offence arose out of the driving by him of a motor vehicle;
(ii) under section 378 of The Criminal Code where the property in question was a motor vehicle;
(iii) under section 53(1), section 54, 55, 56, 59, 59A, 61, 62, 62A, 64AA, 64A, 64AC, 89, 90 or 97; or
(iv) under any regulation that may be prescribed for the purposes of this section;
or
(b) is disqualified by a court pursuant to the provisions of this or any other Act (other than the Fines, Penalties and Infringement Notices Enforcement Act 1994), from holding or obtaining a driver’s licence,
then, that licence is, by operation of this subsection, cancelled.
(2) A person whose driver’s licence is cancelled by operation of subsection (1) is disqualified from holding or obtaining a driver’s licence —
(a) for any period for which he is so disqualified by the court; or
(b) for a period of 3 months from the date of his conviction or, where he is convicted on more than one occasion of an offence mentioned in subsection (1), from the date of his latest conviction,
whichever period terminates later.
(3) Where the holder of a driver’s licence that is a provisional licence is disqualified under Part VIA from holding or obtaining a driver’s licence, the provisional licence is, by operation of this subsection, cancelled.
(4) Where a person who is the holder of a driver’s licence that is a provisional licence is disqualified from holding or obtaining a driver’s licence by a licence suspension order made under the Fines, Penalties and Infringement Notices Enforcement Act 1994, then that licence is, by operation of this subsection, suspended so long as the disqualification continues in force and during the period of suspension the licence is of no effect, but the provisions of this subsection do not operate so as to extend the period for which the licence may be valid or effective beyond the time when the licence would be due to expire.
(5) Subsection (5a) applies to a person if —
(a) the person does not hold a driver’s licence; and
(b) the regulations would require that, if a driver’s licence were to be granted to the person, it be a provisional licence.
(5a) Where a person to whom this subsection applies is —
(a) convicted of an offence such as is mentioned in subsection (1) or an offence against section 49(1)(a); or
(b) disqualified by a court from holding or obtaining a driver’s licence,
that person is disqualified from holding or obtaining a licence —
(c) for any period for which he is so disqualified by the court; or
(d) for a period of 3 months from the date of his conviction or, where he is convicted on more than one occasion of an offence referred to in paragraph (a), from the date of his latest conviction,
whichever period terminates later.
(6) Regulations made for the purpose of subsection (1)(a)(iv) may limit the application of that subsection to offences against the regulations that are attended by prescribed circumstances.
[Section 51 amended by No. 105 of 1981 s. 19; No. 82 of 1982 s. 7; No. 11 of 1988 s. 10; No. 37 of 1991 s. 21; No. 13 of 1992 s. 6; No. 92 of 1994 s. 36; No. 76 of 1996 s. 13; No. 39 of 2000 s. 29; No. 51 of 2000 s. 16; No. 28 of 2001 s. 23(2) and (3); No. 10 of 2004 s. 7; No. 44 of 2004 s. 4; No. 54 of 2006 s. 11; No. 6 of 2007 s. 4.]
[52. Repealed by No. 76 of 1996 s. 14.]
53. Driver failing to give name and address to member of the Police Force, failing to stop etc.
(1) Any driver of a vehicle who —
(a) when required by a member of the Police Force to state his name and place of abode refuses to do so, or states a false name or place of abode; or
(b) refuses or fails to stop his vehicle when called upon to do so by a member of the Police Force,
commits an offence.
Penalty: For a first offence, 6 PU.
For a subsequent offence, 12 PU.
(2) Any driver of a vehicle who, when required by any member of the Police Force, does not produce his driver’s licence on demand, commits an offence against this Act and shall be liable to a penalty not exceeding 4 PU, but it shall not be an offence if the driver subsequently produces the licence, within a reasonable time after demand, to the Director General or to the officer‑in‑charge of any police station.
(3) Any person who was present at the scene of any accident in which a vehicle was involved, and who, in the opinion of a member of the Police Force, may be able to give information or evidence in relation to the accident, shall, if requested so to do by the member of the Police Force, furnish to him particulars of his name and place of abode, and if the person refuses to furnish any of those particulars when requested so to do, or furnishes particulars of his name or place of abode which are false or untrue in any respect he shall be guilty of an offence.
Penalty: 4 PU.
(4) Where a member of the Police Force has reasonable grounds for believing that a person has committed an offence against this Act, he may require that person to furnish him with particulars of his name and place of abode, and a person who, when so required, refuses to furnish those particulars or furnishes particulars which are false or untrue in any respect commits an offence.
Penalty: For a first offence, 6 PU.
For a subsequent offence, 12 PU.
[Section 53 amended by No. 105 of 1981 s. 19; No. 11 of 1988 s. 24; No. 78 of 1995 s. 147; No. 76 of 1996 s. 20(3); No. 50 of 1997 s. 13.]
54. Bodily harm: duty to stop and give information and assistance
(1) If a vehicle driven by a person (the driver) is involved in an incident occasioning bodily harm to another person, the driver must stop immediately after the occurrence of the incident and for as long as is necessary to comply with subsections (2) and (6).
(2) If a vehicle driven by a person (the driver) is involved in an incident occasioning bodily harm to another person (a victim), the driver must ensure that each victim receives all the assistance, including medical aid, that is necessary and practicable in the circumstances.
(3) A person who contravenes subsection (1) or (2) commits a crime.
Penalty: imprisonment for —
(a) 20 years, if the incident occasioned death;
(b) 14 years, if the incident occasioned grievous bodily harm but not death;
(c) 10 years, in any other case.
Summary conviction penalty in a case to which paragraph (c) applies: imprisonment for 3 years.
(4) If in the opinion of the court an offence under subsection (3) is of a sufficiently serious nature the court may make an order disqualifying the offender from holding or obtaining a driver’s licence for such period as it thinks fit.
(5) It is a defence to a charge of an offence under subsection (3) for the accused to prove that the accused was not aware of the occurrence of the incident.
(6) If a vehicle driven by a person (the driver) is involved in an incident occasioning bodily harm to another person (a victim), the driver must, if required to do so by a victim, a representative of a victim, or a member of the Police Force, give the driver’s name and address and, if known to the driver, the name and address of a responsible person for the vehicle.
Penalty: a fine of 30 PU.
(7) It is a defence to a charge of an offence under subsection (3) or (6) for the accused to prove that the accused could not comply with a requirement in the relevant provision because of an injury suffered by the accused in the incident.
[Section 54 inserted by No. 39 of 2007 s. 20.]
55. Damage to property: duty to stop and give information
(1) If a vehicle driven by a person (the driver) is involved in an incident in which any property is damaged, the driver must stop immediately after the occurrence of the incident and for as long as is necessary to comply with subsection (4).
Penalty: a fine of 30 PU.
(2) If in the opinion of the court an offence under subsection (1) is of a sufficiently serious nature the court may make an order disqualifying the offender from holding or obtaining a driver’s licence for such period as it thinks fit.
(3) It is a defence to a charge of an offence under subsection (1) for the accused to prove that the accused was not aware of the occurrence of the incident.
(4) If a vehicle driven by a person (the driver) is involved in an incident in which any property is damaged, the driver must, if required to do so by a person whose property was damaged in the incident or a representative of that person or a member of the Police Force, give the driver’s name and address and, if known to the driver, the name and address of a responsible person for the vehicle.
Penalty: a fine of 30 PU.
(5) It is a defence to a charge of an offence under subsection (1) or (4) for the accused to prove that the accused could not comply with a requirement in that subsection because of an injury suffered by the accused in the incident.
[Section 55 inserted by No. 39 of 2007 s. 20.]
56. Duty to report incidents involving bodily harm or damage to property
(1) If a vehicle driven by a person (the driver) is involved in an incident occasioning bodily harm to another person, the driver must report the incident forthwith to the officer in charge of a police station.
(2) If a person contravenes subsection (1) and the incident occasioned death or grievous bodily harm, the person commits a crime.
Penalty: imprisonment for 10 years and in any event the court convicting the person must order that the offender is disqualified from holding or obtaining a driver’s licence for a period of not less than 12 months.
Summary conviction penalty: imprisonment for 12 months and in any event the court convicting the person must order that the offender is disqualified from holding or obtaining a driver’s licence for a period of not less than 12 months.
(3) If a person contravenes subsection (1) and the incident did not occasion death or grievous bodily harm, the person commits an offence.
Penalty: imprisonment for 12 months and in any event the court convicting the person must order that the offender is disqualified from holding or obtaining a driver’s licence for a period of not less than 12 months.
(4) If a vehicle driven by a person (the driver) is involved in an incident in which any property is damaged the driver must report the incident forthwith to the officer in charge of a police station.
Penalty:
(a) for a first offence, a fine of 8 PU;
(b) for a subsequent offence, a fine of 16 PU.
(5) It is a defence to a charge of an offence under subsection (2), (3) or (4) for the accused to prove that —
(a) the accused could not comply with a requirement in the relevant provision because of an injury suffered by the accused in the incident; or
(b) a member of the Police Force attended at the scene of the incident and took the necessary particulars of the incident.
(6) It is a defence to a charge of an offence under subsection (4) for the accused to prove —
(a) that the accused had reasonable cause for believing that the total value of the damage did not exceed the amount prescribed for the purposes of this subsection; and
(b) that the owner, in each case, of any property damaged was present or represented at the place where and at the time when, or immediately after, the incident occurred.
[Section 56 inserted by No. 39 of 2007 s. 20.]
57. Duty of owner to identify driver of vehicle involved in accident
(1) Where the use of a motor vehicle has occasioned, or been an immediate or proximate cause of, the death of a person or bodily harm to a person, a responsible person for the vehicle and any person to whom the possession or control of the vehicle was entrusted shall, if required by a member of the Police Force, give any information which it is in his power to give which may lead to the identification of the person who was driving or who was in charge or control of the vehicle at the time when the use of the vehicle occasioned or was an immediate or proximate cause of the death or bodily harm.
(2) A person who is required under subsection (1) by a member of the Police Force to give information must not in response to the request give false information.
Penalty: applicable to subsections (1) and (2), a fine of 60 PU or imprisonment for 12 months.
[Section 57 amended by No. 105 of 1981 s. 19; No. 11 of 1988 s. 24; No. 50 of 1997 s. 13; No. 39 of 2000 s. 31; No. 39 of 2007 s. 21.]
58. Duty to identify offending driver or person in charge of vehicle
(1) A responsible person for a vehicle commits an offence if —
(a) an offence against any written law is alleged to have occurred of which the driving or being in charge of the vehicle is an element;
(b) a member of the Police Force requests the responsible person to give information which may lead to the identification of the driver or person in charge of the vehicle at the time of the alleged offence;
(c) the responsible person has, or could reasonably have ascertained, the information; and
(d) the responsible person fails to give the information.
Penalty: For a first offence by an individual, 24 PU.
For a subsequent offence by an individual, 48 PU.
For an offence by a person other than an individual, 100 PU.
(2) A responsible person for a vehicle commits an offence if —
(a) an offence against any written law is alleged to have occurred of which the driving or being in charge of the vehicle is an element;
(b) a member of the Police Force requests the responsible person to give information which may lead to the identification of the driver or person in charge of the vehicle at the time of the alleged offence; and
(c) the responsible person gives false information in response to the request.
Penalty: For a first offence by an individual, 24 PU.
For a subsequent offence by an individual, 48 PU.
For an offence by a person other than an individual, 100 PU.
(3) In subsections (1) and (2) —
responsible person includes a person to whom the possession or control of the vehicle was entrusted at the time of the alleged offence referred to in subsection (1)(a) or (2)(a), as the case may be.
(4) Subsection (1) does not apply if the request for information was made in a notice under section 102C.
(5) If a person is charged with an offence against subsection (1) the person may be convicted of an offence against section 58A.
[Section 58 inserted by No. 39 of 2000 s. 32 (as amended by No. 84 of 2004 s. 80).]
58A. Duty to take reasonable measures to be able to comply with a driver identity request
(1) In this section —
driver identity request means a request made under this Act for information as to the identity of the person who was driving or in charge of a vehicle at any particular time.
(2) A responsible person for a vehicle commits an offence if the responsible person fails to take reasonable measures, or make reasonable arrangements, to ensure that if a driver identity request is made in relation to the vehicle, the responsible person will be able to comply with it.
Penalty: For a first offence by an individual, 24 PU.
For a subsequent offence by an individual, 48 PU.
For an offence by a person other than an individual, 100 PU.
[Section 58A inserted by No. 39 of 2000 s. 32.]
59. Dangerous driving causing death, injury etc.
(1) If a motor vehicle driven by a person (the driver) is involved in an incident occasioning the death of, or grievous bodily harm to, another person and the driver was, at the time of the incident, driving the motor vehicle —
(a) while under the influence of alcohol, drugs, or alcohol and drugs to such an extent as to be incapable of having proper control of the vehicle; or
(b) in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or to any person,
the driver commits a crime and is liable to the penalty in subsection (3).
Summary conviction penalty: imprisonment for 3 years or a fine of 720 PU and in any event the court convicting the person shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 2 years.
(2) For the purposes of this section —
[(a) deleted]
(b) it is immaterial that the death or grievous bodily harm might have been avoided by proper precaution on the part of a person other than the person charged or might have been prevented by proper care or treatment; and
(c) when an incident occasions grievous bodily harm to a person and that person receives surgical or medical treatment, and death results either from the harm or the treatment, the incident is deemed to have occasioned the death of that person, although the immediate cause of death was the surgical or medical treatment if the treatment was reasonably proper in the circumstances and was applied in good faith.
(3) A person convicted on indictment of an offence against this section is liable —
(a) if the offence is against subsection (1)(a), or the offence is against subsection (1)(b) and is committed in circumstances of aggravation, to a fine of any amount and to imprisonment for —
(i) 20 years, if the person has caused the death of another person; or
(ii) 14 years, if the person has caused grievous bodily harm to another person;
or
(b) in any other circumstances, to a fine of any amount and to imprisonment for —
(i) 10 years, if the person has caused the death of another person; or
(ii) 7 years, if the person has caused grievous bodily harm to another person,
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 2 years.
(4) On the summary trial of a person charged with an offence against this section the person may, instead of being convicted of that offence, be convicted of an offence against section 59A, 61 or 62.
[Section 59 amended by No. 89 of 1978 s. 12; No. 82 of 1982 s. 9; No. 11 of 1988 s. 24; No. 37 of 1991 s. 6(2); No. 1 of 1992 s. 6; No. 50 of 1997 s. 13; No. 4 of 2004 s. 58; No. 44 of 2004 s. 5; No. 39 of 2007 s. 22; No. 29 of 2008 s. 38.]
59A. Dangerous driving causing bodily harm
(1) If a motor vehicle driven by a person (the driver) is involved in an incident occasioning bodily harm to another person and the driver was, at the time of the incident, driving the motor vehicle —
(a) while under the influence of alcohol, drugs, or alcohol and drugs to such an extent as to be incapable of having proper control of the vehicle; or
(b) in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or to any person,
the driver commits an offence.
(2) For the purposes of this section —
[(a) deleted]
(b) it is immaterial that the bodily harm might have been avoided by proper precaution on the part of a person other than the person charged or might have been prevented by proper care or treatment.
(3) Subject to subsection (3a), a person convicted of an offence against subsection (1) is liable —
(a) for a first offence, to a fine of 80 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;
(b) for a second or subsequent offence, to a fine of 160 PU or to imprisonment for 18 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 18 months.
(3a) In the case of an offence under subsection (1)(a), or an offence under subsection (1)(b) committed in circumstances of aggravation, the offence is a crime and a person convicted of it is liable to a fine of any amount and imprisonment for 7 years and in any event the court convicting the person shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 2 years.
Summary conviction penalty: imprisonment for 18 months or a fine of 160 PU and in any event the court convicting the person shall order that he be disqualified from holding or obtaining a driver’s licence for a period of not less than 18 months.
(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 61 or 62.
[Section 59A inserted by No. 89 of 1978 s. 13; amended by No. 82 of 1982 s. 10; No. 11 of 1988 s. 24; No. 50 of 1997 s. 13; No. 50 of 2003 s. 92(2); No. 44 of 2004 s. 6; No. 39 of 2007 s. 23.]
59B. Section 59 and 59A offences: ancillary matters and defence
(1) For the purposes of sections 59 and 59A, the circumstances in which a motor vehicle is involved in an incident occasioning the death of, or grievous bodily harm or bodily harm to, a person include those in which the death or harm is occasioned through —
(a) the motor vehicle overturning or leaving a road while the person is being conveyed in or on the motor vehicle (whether as a passenger or otherwise);
(b) the person falling from the motor vehicle while being conveyed in or on it (whether as a passenger or otherwise);
(c) an impact between any object or thing and the motor vehicle while the person is being conveyed in or on the motor vehicle (whether as a passenger or otherwise);
(d) an impact between the person and the motor vehicle;
(e) an impact of the motor vehicle with another vehicle or an object or thing in, on or near which the person is at the time of impact;
(f) an impact with any object on or attached to the motor vehicle; or
(g) an impact with any object that is in motion through falling from the motor vehicle.
(2) For the purposes of sections 59 and 59A, a motor vehicle is also involved in an incident occasioning the death of, or grievous bodily harm or bodily harm to, a person if the death or harm is occasioned through the motor vehicle —
(a) causing an impact between other vehicles or between another vehicle and any object, thing or person;
(b) causing another vehicle to overturn or leave a road; or
(c) causing a person being conveyed in or on another vehicle to fall from that other vehicle.
(3) For the purposes of sections 59 and 59A a person commits an offence in circumstances of aggravation if at the time of the alleged offence —
(a) the person was unlawfully driving the vehicle concerned without the consent of the owner or person in charge of the vehicle;
(b) the person was driving the vehicle concerned on a road at a speed that exceeded, by more than 45 km/h, the speed limit (if any) applicable to that length of road; or
(c) the person was driving the vehicle concerned to escape pursuit by a member of the Police Force.
(4) For the purposes of subsection (3)(c) it does not matter whether the pursuit was still proceeding, or had been suspended or terminated, at the time of the alleged offence.
(5) In any proceeding for an offence against section 59 or 59A a person who had at the time of the alleged offence a blood alcohol content of or above 0.15g of alcohol per 100ml of blood shall be deemed to have been under the influence of alcohol to such an extent as to be incapable of having proper control of a motor vehicle at the time of the alleged offence.
(6) In any proceeding for an offence against section 59 or 59A it is a defence for the person charged to prove that the death, grievous bodily harm or bodily harm occasioned by the incident was not in any way attributable (as relevant) —
(a) to the fact that the person charged was under the influence of alcohol, drugs, or alcohol and drugs; or
(b) to the manner (which expression includes speed) in which the motor vehicle was driven.
[Section 59B inserted by No. 44 of 2004 s. 7; amended by No. 39 of 2007 s. 4.]
60. Reckless driving
(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.]
61. Dangerous driving
(1) Every person who drives a motor vehicle in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or to any person commits an offence.
(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 62.
(3) A person convicted of an offence against this section is liable —
(a) for a first offence, to a fine of 16 PU; and
(b) for any subsequent 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 12 months.
(4) For the purposes of subsection (3), where a person is convicted of an offence against this section any offence previously committed by him against section 59, 59A, or 60 shall be taken into account and be deemed to have been an offence against this section (but not to the exclusion of any other previous offence against this section) in determining whether that first‑mentioned offence is a first or subsequent offence.
[Section 61 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. 54 of 2006 s. 13.]
62. Careless driving
Every person who drives a motor vehicle without due care and attention commits an offence.
Penalty: 12 PU.
[Section 62 amended by No. 11 of 1988 s. 24; No. 50 of 1997 s. 13.]
62A. Causing excessive noise, smoke
A person who wilfully drives a motor vehicle on a road or in a carpark so as to cause —
(a) excessive noise to be made with one or more of the vehicle’s tyres; or
(b) smoke to come from one or more of the vehicle’s tyres or a substance on the driving surface,
commits an offence.
Penalty: 12 PU.
[Section 62A inserted by No. 10 of 2004 s. 9.]
Division 2 — Driving of vehicles: alcohol and drug related offences
[Heading inserted by No. 10 of 2004 s. 9.]
63. Driving under the influence of alcohol etc.
(1) A person who drives or attempts to drive a motor vehicle while under the influence of alcohol, drugs, or alcohol and drugs to such an extent as to be incapable of having proper control of the vehicle commits an offence, and the offender may be arrested without warrant.
(2) A person convicted of an offence against this section is liable —
(a) for a first offence —
(i) if the person has been previously convicted of an offence against section 64, to a fine of —
(I) not less than the minimum fine that would apply if the offence were against that section instead of this section; and
(II) not more than 50 PU,
and, in any event, the court convicting that person shall order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than the minimum period of disqualification that would apply if the offence were against that section instead of this section;
(ii) in any other case, to a fine of not less than 16 PU or more than 50 PU; and, in any event, the court convicting that person shall order that the person 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 not less than 30 PU or more than 70 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 2 years; and
(c) for a third or subsequent offence, to a fine of not less than 40 PU or more than 100 PU or to imprisonment for 18 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.
(3) For the purposes of subsection (2), where a person is convicted of an offence against this section any offence previously committed by him against section 64AB or 67AA or section 67 as in force after the coming into operation of section 16 of the Road Traffic Amendment Act (No. 2) 1982 1 shall be taken into account and be deemed to have been an offence against this section (but not to the exclusion of any other previous offence against this section) in determining whether that first‑mentioned offence is a first, second, third or subsequent offence.
(4) The charging of a person with an offence against this section shall not limit the operation of section 66, but the person charged shall immediately be told by the person laying the charge that —
(a) he has the right to be examined by a medical practitioner nominated by him, if one is available; and
(b) he has the right to communicate with a legal practitioner and another person nominated by him,
and if he desires to exercise any of those rights, every reasonable facility to do so shall be afforded him.
(4a) The rights and requirements in subsection (4) do not apply unless the person is under arrest or otherwise in custody at the time of being charged.
(4b) The right in subsection (4)(a), and the requirements relating to it, do not apply if a sample of the person’s blood has been taken pursuant to section 66, 66B or 66E before the person is charged.
(5) In any proceeding for an offence against this section a person who had at the time of the alleged offence a blood alcohol content of or above 0.15g of alcohol per 100ml of blood shall be deemed to have been under the influence of alcohol to such an extent as to be incapable of having proper control of a motor vehicle at the time of the alleged offence.
(6) A person charged with an offence against this section may, instead of being convicted of that offence, be convicted of an offence against section 64, 64AA, 64AB or 64AC or, where, at the time of the alleged offence, he was a person to whom section 64A(1) or 64AAA applied, an offence against section 64A(1) or 64AAA.
(7) In any proceedings for an offence against this section if it is alleged or appears on the evidence that the accused was under the influence of drugs alone, it is a defence for the accused to prove —
(a) that those drugs were —
(i) taken by him pursuant to a prescription of a medical practitioner, nurse practitioner registered under the Nurses and Midwives Act 2006, or registered dentist; or
(ii) administered to him by a medical practitioner, nurse practitioner registered under the Nurses and Midwives Act 2006, or registered dentist,
for therapeutic purposes; and
(b) that he was not aware, and could not reasonably have been expected to be aware, that those drugs were likely to render him incapable of having proper control of a motor vehicle.
[Section 63 amended by No. 82 of 1982 s. 11; No. 11 of 1988 s. 24; No. 13 of 1992 s. 7; No. 50 of 1997 s. 13; No. 9 of 2003 s. 54; No. 50 of 2003 s. 92(2); No. 84 of 2004 s. 82; No. 50 of 2006 s. 114; No. 54 of 2006 s. 14 and 17(3) and (4); No. 6 of 2007 s. 5; No. 39 of 2007 s. 5 and 31.]
64. Driving with blood alcohol content of or above 0.08
(1) A person who drives or attempts to drive a motor vehicle while having a blood alcohol content of or above 0.08g of alcohol per 100ml of blood commits an offence.
(2) If a court convicts a person of an offence against this section —
(a) the person is liable to the relevant penalty in the Table to this subsection; and
(b) the court shall order that the person be disqualified from holding or obtaining a driver’s licence for not less than the relevant minimum period of disqualification in the Table to this subsection.
Table
|
Blood alcohol content (g/100ml) |
|
1st offence |
2nd offence |
Subsequent offence |
|
≥ 0.08 |
Min: |
8 PU |
16 PU |
16 PU |
|
≥ 0.09 |
Min: |
10 PU |
16 PU |
16 PU |
|
≥ 0.10 |
Min: |
10 PU |
20 PU |
20 PU |
|
≥ 0.11 |
Min: |
12 PU |
20 PU |
20 PU |
|
≥ 0.12 |
Min: |
12 PU |
24 PU |
24 PU |
|
≥ 0.13 |
Min: |
14 PU |
24 PU |
24 PU |
|
≥ 0.14 |
Min: |
14 PU |
24 PU |
24 PU |
Note: ≥ signifies of or above
< signifies less than
(2a) For the purposes of the Table to subsection (2), an offence is a second or subsequent offence against this section irrespective of the blood alcohol content on the occasion of the commission of any previous offence against this section.
(3) For the purposes of subsection (2), where a person is convicted of an offence against this section any offence previously committed by him against section 63 or 67 shall be taken into account and be deemed to have been an offence against this section (but not to the exclusion of any other previous offence against this section) in determining whether that first‑mentioned offence is a first, second or subsequent offence.
(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 64AA or where, at the time of the alleged offence, he was a person to whom section 64A(1) or 64AAA applied, an offence against section 64A(1) or 64AAA.
[Section 64 amended by No. 71 of 1979 s. 9; No. 82 of 1982 s. 12; No. 11 of 1988 s. 24; No. 13 of 1992 s. 8; No. 50 of 1997 s. 6; No. 54 of 2006 s. 15 and 17(3) and (4); No. 39 of 2007 s. 6 and 32.]
64AA. Driving with blood alcohol content of or above 0.05
(1) A person who drives or attempts to drive a motor vehicle while having a blood alcohol content of or above 0.05g of alcohol per 100ml of blood commits an offence.
(2) If a court convicts a person of a first offence against this section the person is liable to a fine of not more than 4 PU.
(2a) If a court convicts a person of a second or subsequent offence against this section —
(a) the person is liable to the relevant penalty in the Table to this subsection; and
(b) the court shall order that the person be disqualified from holding or obtaining a driver’s licence for not less than the relevant minimum period of disqualification in the Table to this subsection.
Table
|
Blood alcohol content (g/100ml) |
|
Penalty |
|
≥ 0.05 |
Min: |