Western Australian Current Acts Western Australian Current Acts (1A) In this section
—
cancellation provision means —
(a) a
provision of the Road Traffic (Authorisation to Drive) Act 2008 Part 3
Division 2 under which a driver’s licence may be cancelled; or
(b)
section 75(2a) or (2b) of this Act as in force at any time before those
provisions were deleted by the Road Traffic Legislation Amendment Act 2012
section 20.
(1) A person to whom
this subsection applies who drives or attempts to drive a motor vehicle while
having a blood alcohol content of or above 0.02 g of alcohol per 100 ml of
blood commits an offence.
Penalty for this subsection:
(a) a
fine of not less than 8 PU or more than 15 PU; and
(b) the
court convicting the person must, in any event, order that the person be
disqualified from holding or obtaining a driver’s licence for not less
than 3 months.
(2) Subsection (1)
applies to a person who —
(a) is a
novice driver as defined in the Road Traffic (Authorisation to Drive) Act
2008 section 40(2); or
[(b) deleted]
(c) is
subject to an order disqualifying the person from holding or obtaining a
driver’s licence imposed for an offence against section 63, 67 or
67AD(6), or for a second or subsequent offence against section 64, 64B(3) or
67AD(4); or
(d) does
not hold a driver’s licence because it has been cancelled under a
cancellation provision as a result of an order disqualifying the person from
holding or obtaining a driver’s licence imposed on the person upon being
convicted of an offence committed after the commencement of the Road Traffic
Amendment Act 1997 ; or
(e)
holds an extraordinary licence as defined in the Road Traffic (Authorisation
to Drive) Act 2008 section 3(1); or
(f) is a
recently disqualified driver; or
(g) is a
member of a class of persons prescribed for the purposes of this paragraph by
regulations made for the purposes of the Road Traffic (Authorisation to
Drive) Act 2008 section 5A.
(3) For the purpose of
subsection (2), a person is a recently disqualified driver if, within the last
3 years, the person —
(a) has
ceased to be subject to; or
(b) has
been granted a driver’s licence in a case where the person did not hold
a driver’s licence because it had been cancelled under a cancellation
provision as a result of,
an order disqualifying
the person from holding or obtaining a driver’s licence imposed for an
offence against section 63, 67 or 67AD(6), or for a second or subsequent
offence against section 64, 64B(3) or 67AD(4).
(4) A person who
drives or attempts to drive a motor vehicle to which this subsection applies
while having a blood alcohol content of or above 0.02 g of alcohol per 100 ml
of blood commits an offence.
Penalty for this subsection:
(a) a
fine of not less than 8 PU or more than 15 PU; and
(b) the
court convicting the person must, in any event, order that the person be
disqualified from holding or obtaining a driver’s licence for not less
than 3 months.
(4A) Subsection (4)
does not apply to a person who drives or attempts to drive a motor vehicle
described in subsection (5)(a) or (d) if the person —
(a) is a
person of a class prescribed by the regulations for the purposes of this
paragraph; and
(b) is
driving or attempting to drive the vehicle in the course of responding to an
incident as defined in the Fire and Emergency Services Act 1998 section 3.
(5) Subsection (4)
applies to a motor vehicle —
(a) that
is equipped to seat more than 12 adult persons (including the driver), if, at
the relevant time, the vehicle is carrying passengers, whether or not the
passengers are being transported for hire or reward as defined in the
Transport (Road Passenger Services) Act 2018 section 11 (except subsection
(2)); or
[(b) deleted.]
(c) if,
at the relevant time, the vehicle is transporting passengers for hire or
reward as defined in the Transport (Road Passenger Services) Act 2018 section
11 (except subsection (2)); or
(d) that
has a GCM that is 22.5 tonnes or more; or
(e) that
is of a class prescribed by the regulations for the purposes of this
paragraph, if, at the relevant time, the vehicle is being used to transport
dangerous goods as defined in the Dangerous Goods Safety Act 2004 section
3(1).
[(6) deleted]
(7) A person charged
with an offence against subsection (1) may, instead of being convicted of that
offence, be convicted of an offence against section 64AAA(1).
(8) A person charged
with an offence against subsection (4) may, instead of being convicted of that
offence, be convicted of an offence against section 64AAA(2).
[Section 64A inserted: No. 82 of 1982 s. 13;
amended: No. 11 of 1988 s. 22; No. 13 of 1992 s. 10; No. 50 of 1997 s. 8; No.
28 of 2001 s. 23(2); No. 54 of 2006 s. 17(1) and (2); No. 39 of 2007 s. 8 and
34; No. 14 of 2011 s. 8; No. 8 of 2012 s. 13 (as amended: No. 10 of 2015 s.
15); No. 22 of 2012 s. 138; No. 2 of 2015 s. 12; No. 25 of 2016 s. 7; No. 26
of 2018 s. 311; No. 27 of 2020 s. 9.]