Western Australian Current Acts

ROAD TRAFFIC ACT 1974 - SECT 61A

61A .         Defence for police officers driving in reckless manner in certain circumstances

        (1)         It is a defence to a prosecution for an offence against section 59(1)(b), 59A(1)(b), 60(1A) or 61(1) if the accused satisfies the court that, at the time of the alleged commission of the offence —

            (a)         the accused was on official duty as a police officer; and

            (b)         the driving was substantially in accordance with the Commissioner’s policies and guidelines relating to driving, applicable at the time of the driving, and any direction given under such a policy or guideline; and

            (c)         having regard to all of the circumstances of the case, it was reasonable, and in the public interest, for the accused to have driven the motor vehicle in the manner that he or she did.

        (2)         Subsection (1) does not affect the application of any other defence the accused may have.

        [Section 61A inserted: No. 59 of 2012 s. 11; amended: No. 59 of 2012 s. 12; No. 51 of 2016 s. 10.]