{"id":"road-safety-council-specified-offences-regulations-2002","name":"Road Safety Council (Specified Offences) Regulations 2002","slug":"road-safety-council-specified-offences-regulations-2002","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181878,"registerId":"wa-road-safety-council-specified-offences-regulations-2002-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Road Safety Council (Specified Offences) Regulations 2002","content":"![Crest]()Western Australia\n\nRoad Safety Council Act 2002\n\nRoad Safety Council (Specified Offences) Regulations 2002\n\nWestern Australia\n\nRoad Safety Council (Specified Offences) Regulations 2002\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Specified offences (Act s. 12(7)) 1\n\nNotes\n\nCompilation table 3\n\n  \n\nRoad Safety Council Act 2002\n\nRoad Safety Council (Specified Offences) Regulations 2002\n\n##### 1. Citation\n\n\t\tThese regulations may be cited as the *Road Safety Council (Specified Offences) Regulations 2002*.\n\n##### 2. Commencement\n\nThese regulations come into operation on the day on which section 12(7) of the *Road Safety Council Act 2002* comes into operation.\n\n##### 3. Specified offences (Act s. 12(7))\n\nSection 12(2)(a) of the Act applies to an offence under —\n\n(a) the *Road Traffic (Administration) Act 2008* section 97(1); and\n\n(b) each of the following provisions of the *Road Traffic Code 2000* —\n\n(i) regulation 11(1), (2), (3), (4), (5), (6) and (7);\n\n(ii) regulation 12(1);\n\n(iii) regulation 13(2), (3) and (4);\n\n(iv) regulation 14;\n\n(v) regulation 16;\n\n(vi) regulation 40(1) and (2);\n\n(vii) regulation 131(1) and (3);\n\n(viii) regulation 232(2);\n\n(ix) regulation 232A(1);\n\n(x) regulation 265(2).\n\n[Regulation 3 inserted: SL 2025/36 r. 4.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Road Safety Council (Specified Offences) Regulations 2002* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Road Safety Council (Specified Offences) Regulations 2002* | 1 Jul 2002 p. 3207 | 1 Jul 2002 (see r. 2 and *Gazette* 1 Jul 2002 p. 3205) |\n| *Road Safety Regulations Amendment Regulations 2025* Pt. 2 | SL 2025/36 5 Feb 2025 | 31 Mar 2025 (see r. 2(c)) |\n\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The scope was altered by the insertion of regulation 3 (see the note “Regulation 3 inserted: SL 2025/36 r. 4.” and the compilation table entry for SL 2025/36). That insertion specifies which offences under the Road Traffic (Administration) Act 2008 (s.97(1)) and which provisions of the Road Traffic Code 2000 are captured by section 12(2)(a) of the Road Safety Council Act 2002. Practically, the amendment changed which traffic breaches are treated as \"specified offences,\" shifting which individual drivers or operators may be subject to the Act’s administrative consequences; enforcement and administrative bodies must rely on the updated list (regulation 3) and the commencement linkage in regulation 2."},"complexity_factors":["Short, single-subject instrument: primarily a list of offences (regulation 3), so low intrinsic complexity.","Extensive cross-referencing: depends on the text and current versions of other laws (Road Traffic (Administration) Act 2008 s.97(1) and multiple provisions of the Road Traffic Code 2000), requiring readers to consult those instruments to understand practical effect (reg 3).","Commencement linkage: operation is tied to commencement of Act s.12(7), so timing and effect depend on another provision (regulation 2).","Amendment history: regulation 3 was inserted by SL 2025/36 r.4, so versions and historical changes must be tracked (compilation table; note after reg 3).","Administrative clarity: the instrument leaves substantive enforcement, penalties and procedures in the cited Acts/regulations, concentrating implementation burden on enforcement agencies and courts to apply cross-references (reg 3).","Low drafting complexity but moderate practical complexity for compliance officers and lawyers because determining scope requires checking multiple sub‑regulations and their current text."],"plain_english_summary":"This regulation designates specific traffic offences as “specified offences” for the purposes of section 12(2)(a) of the *Road Safety Council Act 2002*. It lists one offence from the *Road Traffic (Administration) Act 2008* and particular provisions of the *Road Traffic Code 2000*, and begins when section 12(7) of the Act commences.\n\nIt affects drivers, vehicle operators and enforcement agencies by determining which breaches attract the Act’s administrative consequences; those who commit listed offences remain subject to the underlying penalties and any additional processes that follow from being “specified.”"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation has remained true to its original purpose. It was always intended to be a simple specification of offences for the purposes of section 12(7) of the Road Safety Council Act 2002. The 2025 amendment merely updated the list of offences (replacing the previous list with a new one) without expanding the scope or purpose of the regulations."},"complexity_factors":["Extremely short — only 3 substantive provisions (citation, commencement, and the list of offences)","No defined terms section — relies entirely on definitions in other Acts","Simple structure: just a list of cross-references to other legislation","No conditional logic, exceptions, or nested provisions","Single operative provision (regulation 3) that merely references external provisions","No administrative procedures or decision-making frameworks contained within this instrument"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations list specific driving offences that trigger special powers under the *Road Safety Council Act 2002*. The Act allows the Road Safety Council to take certain actions (such as requiring attendance at education programs or imposing sanctions) when someone commits a \"specified offence.\" These regulations define which offences count.\n\n**Who it affects:**\n\n- **Drivers in Western Australia** who commit serious driving offences\n- **The Road Safety Council**, which uses this list to determine when it can exercise its powers\n- **Courts and police**, who apply these rules when dealing with traffic offenders\n\n**Why it matters:**\n\nIf you're convicted of one of the offences listed here, the Road Safety Council can step in with additional requirements beyond what the court orders. This could mean mandatory education, monitoring, or other interventions aimed at improving road safety.\n\n**The offences covered include:**\n- **Drink driving** (exceeding blood alcohol limits — regulations 11, 12, 13, 14, 16 of the Road Traffic Code)\n- **Drug driving** (driving with prescribed drugs in oral fluid or blood — regulations 40, 131)\n- **Refusing or failing to provide samples** for alcohol or drug testing (regulations 232, 232A, 265)\n- **Certain offences under the Road Traffic (Administration) Act 2008** (section 97(1) — typically relating to driving under the influence or refusing breath tests)\n\n**In simple terms:** This is a \"naughty list\" of serious driving offences. Commit one of these, and the Road Safety Council gets extra powers to make you attend programs or face additional penalties designed to stop you reoffending."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. No amendments or scope changes can be identified from the available information."},"complexity_factors":["The actual legislative text is unavailable, preventing meaningful complexity analysis","Regulations of this type (specifying lists of offences) are typically straightforward in structure","The subject matter — defined lists of traffic offences — is generally not legally complex","Score is tentative given no content was accessible for review"],"plain_english_summary":"The 2002 Road Safety Council (Specified Offences) Regulations (WA) are a regulation under the Road Safety Council framework that—by defining which road offences are “specified”—determine when cases are referred to the Road Safety Council. They mainly affect serious or repeat traffic offenders and can influence outcomes such as licence consequences, referrals, or mandatory driver‑education requirements."}},"importantCases":[],"_links":{"self":"/api/acts/road-safety-council-specified-offences-regulations-2002","history":"/api/acts/road-safety-council-specified-offences-regulations-2002/history","analysis":"/api/acts/road-safety-council-specified-offences-regulations-2002/analysis","conflicts":"/api/acts/road-safety-council-specified-offences-regulations-2002/conflicts","importantCases":"/api/acts/road-safety-council-specified-offences-regulations-2002/important-cases","documents":"/api/acts/road-safety-council-specified-offences-regulations-2002/documents"}}