Western Australian Current Acts

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ROAD TRAFFIC (AUTHORISATION TO DRIVE) ACT 2008 - SECT 38

38 .         Extraordinary licences to be complied with

        (1)         Subject to any regulations referred to in section 32(2), a person who has an extraordinary licence must not drive on a road any motor vehicle —

            (a)         at a time, for a purpose, or in a locality or on roads, other than as specified in the licence; or

            (b)         other than as authorised by the licence; or

            (c)         otherwise than in compliance with such other conditions, if any, as are specified in the licence.

        Penalty: a fine of 24 PU.

        (2)         In addition to the penalty which may be imposed under subsection (1), the court before which the accused is convicted must cancel the extraordinary licence unless the court thinks that, having regard to the special circumstances of the case, a fine would be an adequate punishment for the offence.

        (3)         Regulations made for the purposes of section 5A may provide that, if a person engages in a course of conduct which —

            (a)         constitutes an offence under this section; and

            (b)         constitutes an offence to which the Road Traffic Act 1974 section 49(3)(da) applies,

                the person is to be prosecuted for the offence to which the Road Traffic Act 1974 section 49(3)(da) applies, and not for the offence under this section.

        [Section 38 amended: No. 2 of 2015 s. 22.]



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