Western Australian Current Acts

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ROAD TRAFFIC ACT 1974 - SECT 81F

81F .         Offences

        (1)         Where a person at, or in relation to, an event held on a road closed pursuant to an order under this Part —

            (a)         obstructs the free passage of any ambulance, fire brigade vehicle or police vehicle or, otherwise than in the manner or to the extent authorised by the order relating to the road closed for that event, impedes or disrupts the use by members of the public in general of that road; or

            (b)         otherwise than in the manner or to the extent authorised by the order relating to the road closed for that event, drives, takes or uses any vehicles on to or on that road; or

            (c)         incites any other person so to do,

                commits an offence.

        Penalty: 12 PU.

        (2)         Where, in any proceeding for an offence against subsection (1), it is alleged in the charge that —

            (a)         an order had been granted under this Part to a person or body named in the order; or

            (b)         a road was closed pursuant to an order,

                it shall not be necessary for the prosecutor to prove the facts so alleged in the absence of evidence to the contrary.

        (3)         When in any proceedings for an offence against this Act or any other enactment regulating the movement of traffic or pedestrians or relating to the obstruction of a road, the accused satisfies the court that a road closure was authorised under this Part by an order purporting to relate to it, it shall be presumed, in the absence of evidence to the contrary, that —

            (a)         no irregularity occurred on, or in relation to, the grant of the order; and

            (b)         the road closure substantially conformed with the terms of the order.

        [Section 81F inserted: No. 64 of 1988 s. 4; amended: No. 50 of 1997 s. 13; No. 84 of 2004 s. 80 and 82.]

        [Heading inserted: No. 27 of 2020 s. 39.]



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