ROAD TRAFFIC ACT 1974

Western Australian Current Acts

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ROAD TRAFFIC ACT 1974

TABLE OF PROVISIONS

Long Title

PART I -- Preliminary

1. Short title
2. Commencement
4. Repeal
5. Terms used

PART V -- Regulation of traffic

Division 1AA -- Terms used in this Part

49AAA. Terms used

Division 1A -- When person taken to be instructor or in charge of vehicle

49AA. Circumstances in which person taken to be instructor or in charge of motor vehicle

Division 1 -- Driving of vehicles: general offences

49AB. Term used: circumstances of aggravation
49. Driving while unlicensed or disqualified
49A. Person breaching s. 49(1)(a) having lost licence etc. due to penalty enforcement laws, police may caution etc.
50A. Driver using foreign country’s driver’s licence etc. to carry it etc.
54. Driver in incident occasioning bodily harm to stop, ensure assistance and give information
55. Driver in incident occasioning property damage to stop and give information
56. Driver in incident occasioning bodily harm or property damage to report incident to police
57. Owner etc. of vehicle occasioning bodily harm etc. to help police identify driver etc.
59. Dangerous driving causing death or grievous bodily harm
59A. Dangerous driving causing bodily harm
59BA. Careless driving causing death, grievous bodily harm or bodily harm
59B. Ancillary matters and defences for sections 59, 59A and 59BA
60. Driving in reckless manner
60A. Driving at reckless speed
60B. Penalties for offences against sections 60 and 60A
60C. Arrest without warrant for driving in reckless manner or at reckless speed
61. Dangerous driving
61A. Defence for police officers driving in reckless manner in certain circumstances
61B. Defence for certain officers driving at reckless speed
62. Careless driving
62A. Causing excessive noise or smoke from vehicle’s tyres

Division 2A -- Providing driving instruction to learner drivers: alcohol and drug related offences

62B. Providing driving instruction: blood alcohol content
62C. Providing driving instruction with prescribed illicit drug in oral fluid or blood

Division 2 -- Driving of vehicles: alcohol and drug related offences

63. Driving under the influence of alcohol, drugs or alcohol and drugs
64. Driving with blood alcohol content of or above 0.08
64AA. Driving with blood alcohol content of or above 0.05
64A. Certain persons driving with blood alcohol content of or above 0.02
64AAA. Certain persons driving with any blood alcohol content
64AB. Driving while impaired by drugs
64AC. Driving with prescribed illicit drug in oral fluid or blood
64B. Driving with blood alcohol content of or above 0.05 with prescribed illicit drug in oral fluid or blood
64C. Certain persons driving with any blood alcohol content with prescribed illicit drug in oral fluid or blood
64D. Provisions for s. 64AC, 64B and 64C
65. Terms used in s. 59 to
65A. Using breath sample to find blood alcohol content
66. Police powers to require breath or blood sample
66A. Drug impairment, police powers to require driver assessment for etc.
66B. Police powers to require blood sample for drug analysis
66C. Preliminary oral fluid test, police powers to require etc.
66D. Oral fluid sample, police powers to require etc.
66E. Blood sample instead of oral fluid sample, police powers to require etc.
66F. Prescribed sample takers authorised to take blood samples
67. Failure to comply with s. 66 requirement to provide sample, allow sample to be taken or to accompany police officer
67AA. Failure to comply with s. 66A or 66B requirement to do driver assessment, provide blood sample or accompany police officer
67AB. Failure to comply with s. 66D or 66E requirement to provide oral fluid, blood sample or accompany police officer
67AC. Failure to comply with drug test requirement for certain persons with any blood alcohol content
67AD. Failure to comply with drug test requirement for persons with blood alcohol content of or above 0.05
67AE. Provisions for s. 67AC and 67AD
67A. Failure to comply with other requirements of police officer
68A. Failure to comply with s. 66, 66C, 66D or 66E requirement: instructors
68. Analysis of breath sample
69. Taking and analysis of blood sample
69B. Taking of oral fluid sample
70A. Delivery of person’s blood or oral fluid sample to Chemistry Centre (WA)
70B. Evidence of delivery of blood or oral fluid samples
70. Evidentiary provisions
71. Evidence of blood alcohol content for particular offences
71A. Samples not to be used to obtain DNA
71B. Police powers for preventing use of vehicle by alleged offender
71BA. Police officer may prohibit person from driving for 24 hours if prescribed illicit drug present in oral fluid
71C. Disqualification by police officer
71D. Disqualification notice (s. 71C), consequences of
71E. Revocation of disqualification notice by police officer
71F. Disqualification notice (s. 71C), court may order police to revoke
71G. Disqualification notice (s. 71C) automatically revoked on acquittal etc.
71H. Period of disqualification under s. 71C notice to be taken into account in sentencing
72. Taking and testing samples: regulations for s. 59 to 73, and approval of apparatus and persons

Division 3 -- General matters as to driving offences

73. Certain offences extend to driving or attempting to drive in public places

Division 4 -- Impounding and confiscation of vehicles for certain offences

Subdivision 1 -- Preliminary

78A. Terms used
78B. Penalties etc. not affected by impounding etc.
78C. Police powers for this Division
78D. Contracts for conveying, storing etc. impounded etc. vehicles
78E. Expenses owed to Commissioner, recovery of
78F. Right of Commissioner of Police to be heard in proceedings under this Division

Subdivision 2 -- Impounding of vehicles by police for certain offences

79. Impounding offence (driving), police powers to impound vehicle used in
79A. Impounding offence (driver’s licence), police powers to impound vehicle used in
79BA. Notice to surrender vehicle for impoundment, issue of etc.
79BB. Consequences of surrender notice
79BCA. Surrender substitute vehicle notice
79BCB. Consequences of surrender substitute vehicle notice
79BCC. Cancelling notice under s. 79BA, 79BCA or 79BCD
79BCD. Surrender alternative vehicle notice
79BCE. Consequences of surrender alternative vehicle notice
79BC. Acquittal etc. of pending charge of impounding offence (driving), effect of
79BD. Suspension of vehicle licence on Commissioner’s request
79B. Notice of impounding, police to issue etc.
79C. Senior officer to be informed etc. if vehicle impounded
79D. Release of impounded vehicle
79E. Liability for police expenses for impounding

Subdivision 3 -- Impounding and confiscation of vehicles by court order

80A. Confiscation of vehicles used in certain impounding offences (driving)
80B. Impounding offence (driver’s licence) by previous offender, court may impound vehicle of
80C. Impounding offence (driver’s licence) by previous offender, court may confiscate vehicle of
80CA. Road rage offence, court may impound offender’s vehicle for
80CB. Road rage offence, court may confiscate offender’s vehicle for
80D. Effect of confiscation under s. 80A, 80C or 80CB
80E. Confiscation under s. 80A not to be of stolen, hired or lent vehicle
80FA. When court may order impounding instead of confiscation
80F. Impounding or confiscation order to specify time and place for surrender of vehicle
80GA. Application for s. 80B to 80CB order, which vehicle can be subject of
80G. Procedure and grounds for making orders under s. 80A to 80CB
80H. Liability for police expenses for court-ordered impounding

Subdivision 4 -- Vehicles impounded or confiscated under Subdivision 2 or

80IA. Release of vehicle after impounding period
80IB. Impounding expenses, payment of before vehicle released
80I. Storage expenses after impounding period ends
80JA. Disposal, with consent, of vehicles impounded under s. 79 or 79A
80J. Sale of confiscated and uncollected vehicles and items
80K. Police expenses more than sale proceeds, liability for
80LA. Liability for police expenses for uncollected vehicle more than sale proceeds
80L. Transfer of vehicle licence to State in some cases
80M. Compensation for certain vehicles or items disposed of under s. 80J

Subdivision 5 -- Impounding and confiscation of unlicensed motor cycles used on roads

80N. Terms used
80O. Police power to impound unlicensed motor cycle used on road
80P. Surrender notice
80Q. Consequences of surrender notice
80R. Senior police officer to be informed if vehicle impounded
80S. Claims of right to possession
80T. Confiscation
80U. Liability for police expenses
80V. Sale or other disposal of confiscated motor cycle and items on it
80W. Liability for police expenses exceeding sale proceeds

PART VA -- Events on roads

81A. Terms used
81B. Order for road closure for event, application for
81C. Order for road closure for event, making
81D. Road closure, how effected by local government
81E. Road closure order, effect of
81F. Offences

PART 5B -- Radar detectors

81G. Offence to drive motor vehicle with radar detector fitted to, within or on vehicle

PART 6 -- Unlawful interference with motor vehicles

90. Unlawfully interfering with parts of motor vehicles

PART 6A -- Immobilisation, towing and detention of motor vehicles

Division 1 -- Preliminary

91. Terms used
92. Term used: consent
93. Term used: authorised enforcement action
94. Term used: towing arrangement

Division 2 -- Immobilisation of motor vehicles

95. Motor vehicles not to be immobilised

Division 3 -- Towing of motor vehicles

Subdivision 1 -- Towing regulated by this Division

96. Application of Division

Subdivision 2 -- Towing

97. Towing parked motor vehicles prohibited unless requirements satisfied
98. Regulations relating to towing requirements
99. Release of motor vehicle that is being loaded onto tow truck
100. Release of motor vehicle that has been loaded onto tow truck
101. Motor vehicle must be towed by most direct route to approved storage yard
102. Copy of towing arrangement must be given
103. Release from storage
104. Approval of storage yards

Subdivision 3 -- Charges for towing and storage

105. Towing charges
105A. Storage charges
105B. Regulations may prohibit or restrict towing and storage charges
105C. Liability for towing and storage charges

Division 4 -- Detention of motor vehicles

105D. Application of Division
105E. Motor vehicles not to be detained

Division 5 -- Miscellaneous

105F. Abolition of distress damage feasant in relation to motor vehicles
105G. Part does not confer right to immobilise, tow or detain motor vehicle
105H. Agreements for prohibited immobilisation, towing and detention services

PART VII -- Offences and penalties

106. Sentencing for certain offences
106A. Mandatory disqualification

PART VIII -- Transitional and savings provisions

108. Savings as to Traffic Act 1919
109. Transitional and savings provisions for the Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2016
110. Savings provisions for the Road Traffic Amendment (Blood Alcohol Content) Act 2019
110A. Transitional provision for the Road Traffic Amendment (Impaired Driving and Penalties) Act 2020

PART IX -- Regulations

111. Regulations etc.
111AB. Exemption from specified regulations, regulations may allow grant of
Uncommenced provisions table
Other notes
Defined terms

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