Western Australian Current Acts

ROAD TRAFFIC ACT 1974 - SECT 64AB

64AB .         Driving while impaired by drugs

        (1)         A person who drives or attempts to drive a motor vehicle while impaired by drugs 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, to a fine of not less than 34 PU or more than 75 PU; and the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 10 months; and

            (b)         for a second offence, to a fine of not less than 63 PU or more than 105 PU or to imprisonment for 9 months; and the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for a period of not less than 30 months; and

            (c)         for a third or subsequent offence, to a fine of not less than 63 PU or more than 150 PU or to imprisonment for 18 months; and the court convicting the person must, in any event, order that the person 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 the person against section 63, 67, 67AA or 67AD(6) must 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)         Section 63(4) to (4b) extend to the charging of a person with an offence against this section.

        (5)         The accused may be convicted of an offence against this section if the prosecutor proves that —

            (a)         the accused drove or attempted to drive a motor vehicle; and

            (b)         one or more drugs were present in the accused’s body at the time of that driving or attempted driving; and

            (c)         the conduct, condition or appearance of the accused at or after the time of that driving or attempted driving, or during a driver assessment, was consistent with conduct, a condition or an appearance associated with a person who has consumed or used that drug or those drugs; and

            (d)         the conduct or condition associated with a person who has consumed or used that drug or those drugs would be inconsistent with the person being capable of having proper control of a motor vehicle.

        (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 63 or 64AC.

        (7)         If in any proceeding for an offence against this section it is proved that a certain drug was present in the accused’s body at any time within 4 hours, or 12 hours if the sample was taken under section 66(8B), after the time of the driving or attempted driving of a motor vehicle that gave rise to the alleged offence, the presence of that drug in the accused’s body at the time of that driving or attempted driving is taken to be proved in the absence of proof to the contrary.

        (8)         In any proceeding for an offence against this section it is a defence for the accused to prove in respect of the drug, or each drug, referred to in subsection (5) —

            (a)         that the drug was —

                  (i)         taken pursuant to a prescription of a medical practitioner, nurse practitioner or dentist; or

                  (ii)         administered by a medical practitioner, nurse practitioner or dentist,

                for therapeutic purposes; and

            (b)         that where the drug was received or obtained by the accused in a packaged form, the packaging of the drug did not include a label advising that the drug was likely to result in conduct or a condition that would be inconsistent with the person being capable of having proper control of a motor vehicle; and

            (c)         that the accused was not aware, and could not reasonably have been expected to be aware, that the drug was likely to result in conduct or a condition that would be inconsistent with the person being capable of having proper control of a motor vehicle.

        (9)         Subsection (8) has effect despite subsection (5).

        [Section 64AB inserted: No. 6 of 2007 s. 6; amended: No. 35 of 2010 s. 152; No. 14 of 2011 s. 10; No. 25 of 2016 s. 31; No. 27 of 2020 s. 11.]