Western Australian Numbered Acts

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ROAD TRAFFIC AMENDMENT (ALCOHOL AND DRUG RELATED OFFENCES) ACT 2011 (NO. 14 OF 2011) - SECT 8

8 .         Section 64A amended

        (1)         In section 64A(1) in the Penalty delete “2 PU” and insert:


                3 PU


        (2)         Delete section 64A(2)(a) and (b) and insert:


            (a)         is a novice driver as defined in section 104(2); or


        (3)         Delete section 64A(4) and insert:


        (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 0.02g of alcohol per 100ml of blood commits an offence.

        Penalty: not less than 3 PU or more than 6 PU; and, in any event, the court convicting a person shall order that the person be disqualified from holding or obtaining a driver’s licence for a period of 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 Authority of Western Australia 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 carried for hire or reward; or

            (b)         that is an omnibus as defined in the Transport Co-ordination Act 1966 section 4(1), but is not a vehicle referred to in paragraph (a), if, at the relevant time, the vehicle is carrying passengers for hire or reward; or

            (c)         on which taxi plates issued under the Taxi Act 1994 are being used, or in respect of which a taxi-car licence has been issued under the Transport Co-ordination Act 1966 Part IIIB, if, at the relevant time, the vehicle is carrying passengers for hire or reward; or

            (d)         that has a gross combination mass exceeding 22.5 tonnes; 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)         For the purposes of subsection (5)(d) —

        gross combination mass means the greatest possible sum of the maximum loaded mass of the motor vehicle and of any vehicles that may lawfully be towed by it at one time —

            (a)         as specified by the motor vehicle’s manufacturer; or

            (b)         as specified by the relevant authority if —

                  (i)         the manufacturer has not specified the sum of the maximum loaded mass; or

                  (ii)         the manufacturer cannot be identified; or

                  (iii)         the motor vehicle has been modified to the extent that the manufacturer’s specification is no longer appropriate;

        relevant authority means —

            (a)         if the motor vehicle has never been licensed or registered but is used or is intended to be used in this State — the Director General; or

            (b)         if the motor vehicle was last licensed in this State — the Director General; or

            (c)         if the motor vehicle was last licensed or registered in another State or a Territory — the authority in that State or Territory whose functions most nearly correspond to those of the Director General.

        (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).




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