{"id":"road-traffic-miscellaneous-regulations-2008","name":"Road Traffic (Miscellaneous) Regulations 2008","slug":"road-traffic-miscellaneous-regulations-2008","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181911,"registerId":"wa-road-traffic-miscellaneous-regulations-2008-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Road Traffic (Miscellaneous) Regulations 2008","content":"![Crest]()Western Australia\n\nRoad Traffic Act 1974\n\nRoad Traffic (Miscellaneous) Regulations 2008\n\nWestern Australia\n\nRoad Traffic (Miscellaneous) Regulations 2008\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\nPart 2 — General\n\n4. Caution for certain unauthorised driving offences 2\n\n5. Defence for failing to report minor damage 2\n\n6A. Classes of person prescribed for s. 64A and 64AAA of Act 2\n\n6B. Classes of motor vehicle prescribed for s. 64A of Act 3\n\nSchedule 1 — Form of caution\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\nWestern Australia\n\nRoad Traffic Act 1974\n\nRoad Traffic (Miscellaneous) Regulations 2008\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Road Traffic (Miscellaneous) Regulations 2008* 1.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows:\n\n(a) Part 1 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day on which the *Road Traffic Amendment Act 2006* section 6 comes into operation 1.\n\n[**3.** Deleted: Gazette 23 Dec 2014 p. 4934.]\n\n## Part 2 — General\n\n##### 4. Caution for certain unauthorised driving offences\n\nThe form set out in Schedule 1 is prescribed under section 49A(3) of the Act.\n\n##### 5. Defence for failing to report minor damage\n\nThe amount prescribed for the purpose of section 56(6) of the Act is $3 000.\n\n##### 6A. Classes of person prescribed for s. 64A and 64AAA of Act\n\n(1) In this regulation —\n\ncontractor, to the FES Department, an emergency services organisation or a local government, means —\n\n(a) a person who is engaged by the chief executive officer of the FES Department, the emergency services organisation or the local government under a contract for services; or\n\n(b) a person who is employed or engaged by a person referred to in paragraph (a);\n\nemergency services organisation means any of the following —\n\n(a) a FES Unit as defined in the FES Act section 3;\n\n(b) an SES Unit as defined in the FES Act section 3;\n\n(c) a VMRS Group as defined in the FES Act section 3;\n\n(d) a bush fire brigade as defined in the *Bush Fires Act 1954* section 7(1);\n\n(e) a private fire brigade as defined in the *Fire Brigades Act 1942* section 4(1);\n\n(f) a volunteer fire brigade as defined in the *Fire Brigades Act 1942* section 4(1);\n\nFES Act means the *Fire and Emergency Services Act 1998*;\n\nFES Department means the department of the Public Service principally assisting in the administration of the FES Act.\n\n(2) The following classes of person are prescribed for the purposes of sections 64A(4A)(a) and 64AAA(2A)(a) of the Act —\n\n(a) a person who is an officer or member of an emergency services organisation;\n\n(b) a person who is employed by a local government under the *Local Government Act 1995* section 5.36;\n\n(c) a person who is a contractor to the FES Department, an emergency services organisation or a local government;\n\n(d) a person who is acting under the direction of a person referred to in paragraph (a), (b) or (c).\n\n[Regulation 6A inserted: Gazette 30 Aug 2011 p. 3513-14; amended: Gazette 19 Feb 2013 p. 996.]\n\n##### 6B. Classes of motor vehicle prescribed for s. 64A of Act\n\nThe following classes of motor vehicle are prescribed for the purposes of section 64A(5)(e) of the Act —\n\n(a) a motor vehicle that is a placarded vehicle as defined in the *Dangerous Goods Safety (Explosives) Regulations 2007* regulation 107(1);\n\n(b) a motor vehicle transporting a load of dangerous goods that is required to be placarded under the *Dangerous Goods Safety (Road and Rail Transport of Non‑explosives) Regulations 2007* regulation 110.\n\n[Regulation 6B inserted: Gazette 30 Aug 2011 p. 3514.]\n\n[Parts 3 and 4 (r. 6‑11) deleted: Gazette 23 Dec 2014 p. 4934.]\n\nSchedule 1 — Form of caution\n\n[r. 4]\n\n**CAUTION (Penalty Enforcement Suspension)**\n\nSection 49A of the *Road Traffic Act 1974* (Unauthorised driving)\n\n**You are cautioned for driving while a licence suspension order applies for unpaid fines.**\n\n| Driver: | DOB: / / |\n| --- | --- |\n| Address: | Phone: |\n| Driver’s licence details: | MDL No.:   Issued in: Expiry: / / |\n| Vehicle: | Reg. No.:<br>Make / Model: |\n| Time and date stopped: | hrs on / / |\n| Location stopped: |  |\n| Driver’s signature: | Time signed: |\n| Police officer issuing caution: | Signature:   Name: Rank/Reg:<br>Station: Phone No.: |\n| Licence suspension details: | Start date: Case No.: |\n\n\n**RESTRICTED PERMIT TO DRIVE / TRAVEL**\n\n| Driving / travel is authorised only until: | hrs on / / |\n| --- | --- |\n| Journey is only authorised as mentioned: | Travel from .............................................................................    to ..............................................................................................   by shortest practicable route. |\n| Conditions: |  |\n\n\nUnless authorised by the above restricted permit you are unable to drive a motor vehicle until after you have resolved all outstanding licence suspension orders made under the *Fines, Penalties and Infringement Notices Enforcement Act 1994* with Fines Enforcement Registry, Ground Floor, May Holman Centre, 32 St Georges Terrace, Perth. Telephone 9235 0235.\n\nWARNING: Driving contrary to a time, destination or condition specified on this form by the issuing officer will result in an offence of unauthorised driving. Any alteration, deletion or addition made to any details in this form, other than by the issuing officer, may amount to committing further offences. A permit will be granted only if it appears to the apprehending officer that to immediately cease driving would be impracticable or may jeopardise the safety of any person. The officer will have regard to such matters as the remoteness of the location and the absence of persons (other than police personnel) who can assist and lawfully drive.\n\nEntered on Frontline IMS.\n\n[Schedule 2 deleted: Gazette 23 Dec 2014 p. 4934.]\n\n![dline]()\n\nNotes\n\n1 This is a compilation of the *Road Traffic (Miscellaneous) Regulations 2008* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Road Traffic (Miscellaneous) Regulations 2008* | 10 Jun 2008 p. 2431-47 | Part 1: 10 Jun 2008 (see r. 2(a));   Regulations other than Part 1: 30 Jun 2008 (see r. 2(b) and *Gazette* 10 Jun 2008 p. 2471) |\n| *Road Traffic Amendment (Novice Driver Penalties) Regulations 2008* Pt. 4 | 27 Jun 2008 p. 3119-24 | 1 Jul 2008 (see r. 2(b) and *Gazette* 27 Jun 2008 p. 3117) |\n| *Road Traffic (Miscellaneous) Amendment Regulations 2009* | 24 Apr 2009 p. 1388 | 24 Apr 2009 |\n| *Road Traffic (Miscellaneous) Amendment Regulations 2011* | 18 Mar 2011 p. 926‑7 | r. 1 and 2: 18 Mar 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 19 Mar 2011 (see r. 2(b)) |\n| *Road Traffic (Miscellaneous) Amendment Regulations (No. 2) 2011* | 30 Aug 2011 p. 3513‑15 | r. 1 and 2: 30 Aug 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Oct 2011 (see r. 2(b) and *Gazette* 30 Aug 2011 p. 3503) |\n| *Road Traffic (Miscellaneous) Amendment Regulations 2012* | 19 Feb 2013 p. 995‑6 | r. 1 and 2: 19 Feb 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 20 Feb 2013 (see r. 2(b)) |\n| **Reprint 1: The *Road Traffic (Miscellaneous) Regulations 2008* as at 10 May 2013** (includes amendments listed above) | | |\n| *Road Traffic (Repeals and Amendment) Regulations 2014* Pt. 7 | 23 Dec 2014 p. 4913‑38 | 27 Apr 2015 (see r. 2(b) and *Gazette* 17 Apr 2015 p. 1371) |\n\n\n2 30 June 2008.\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ncontractor 6A(1)\n\nemergency services organisation 6A(1)\n\nexcess period served 8(7)\n\nFES Act 6A(1)\n\nFES Department 6A(1)\n\nholiday period 6(2)\n\nnovice driver (type 1A) 3\n\npublic holiday 7(1)\n\nremoved 8(1)\n\ntransition day 10(1)\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope of this legislation changed from its original intent, as no legislative text was available for analysis. The Road Traffic (Miscellaneous) Regulations 2008 is a Western Australian instrument, but its content, amendments, and scope cannot be evaluated from the information provided."},"complexity_factors":["No legislative content was retrievable — the source URL returned a page unavailability error rather than actual legislation","Cannot assess complexity without access to the text of the regulations","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided leads to a broken or moved page on the Western Australian legislation website. The page for the **Road Traffic (Miscellaneous) Regulations 2008** is no longer available at that URL due to website system upgrades.\n\n**What this means for you:** No analysis of the actual regulations can be provided. If you need to read or understand these regulations, you should:\n- Visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) directly\n- Search for 'Road Traffic (Miscellaneous) Regulations 2008' using the site's search function\n- Contact the Parliamentary Counsel's Office Helpdesk as suggested on the error page"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The instrument has been amended since its original issue: regulations 6A and 6B were inserted (Gazette 30 Aug 2011 p.3513–14) and later amended (Gazette 19 Feb 2013 p.996), while Parts 3 and 4 (r.6–11) and Schedule 2 were deleted (Gazette 23 Dec 2014 p.4934). Those changes removed earlier provisions and added specific prescriptions for emergency services, contractors, local government employees and certain dangerous‑goods vehicles, thereby narrowing and specifying the classes and operational exceptions captured by the regulations (see rr.4–6B and Schedule 1)."},"complexity_factors":["Cross‑references to multiple other laws and instruments (Road Traffic Act 1974; Fire and Emergency Services Act 1998; Local Government Act 1995; Dangerous Goods regulations) (rr.6A–6B, Schedule 1)","Prescriptive detail mixed with delegated discretion: a standard caution form plus an officer's discretion to grant a restricted permit (Schedule 1)","Numeric threshold set by regulation ($3,000) changing availability of a statutory defence (r.5)","Prescribed classes of persons and vehicles requiring factual qualification (definitions in r.6A(1) and r.6B)","Amendments and deletions across versions (insertions of rr.6A–6B; deletion of Parts 3–4 and Schedule 2) increase interpretive work for users","Operational interaction with enforcement agencies and registries (Fines Enforcement Registry referral in Schedule 1) creates administrative steps for compliance"],"plain_english_summary":"These regulations prescribe practical rules under the *Road Traffic Act 1974*: they set the standard caution form for unauthorised driving (Schedule 1), fix $3,000 as the threshold for the defence to failing to report minor damage (r.5), and specify classes of persons (emergency services personnel, local‑government employees, contractors and their agents) and classes of vehicles (placarded dangerous‑goods vehicles) relevant to ss.64A/64AAA (rr.6A–6B). They affect drivers with licence‑suspension orders and organisations whose staff or vehicles may be authorised to drive under limited permits."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has shrunk significantly from its original scope. The compilation table and deleted provisions show that Parts 3 and 4 (regulations 6-11), Schedule 2, and regulation 3 were all deleted in December 2014. The 'Defined terms' section still lists terms like 'excess period served', 'holiday period', 'novice driver', and 'transition day' that relate to these deleted provisions, suggesting the original regulations covered novice driver penalties, holiday period driving restrictions, and licence suspension calculations. What remains is a stripped-back 'miscellaneous' residue dealing only with cautions, damage reporting, and emergency vehicle permissions."},"complexity_factors":["Very short document (approximately 6 pages of substantive content)","Only 4 active regulations (Parts 3 and 4, and regulations 3, 6-11 have been deleted)","Minimal cross-referencing (primarily references to sections of the parent Road Traffic Act 1974)","Straightforward conditional logic (simple 'if X then Y' structures in regulations 6A and 6B)","7 defined terms, mostly confined to regulation 6A(1) regarding emergency services","Heavy deletion history (Parts 3 and 4, Schedule 2, and regulation 3 removed in 2014), suggesting the instrument has been significantly stripped back from its original form"],"plain_english_summary":"This is a Western Australian regulation that fills in the details for several parts of the state's main Road Traffic Act. It does four main things:\n\n**1. Sets the form for a police caution** (Schedule 1)\nWhen police catch someone driving while their licence is suspended for unpaid fines, they can issue a formal caution instead of charging them immediately. This regulation sets out the exact form police must use, which includes a temporary permit allowing the driver to get home or to a safe location before they must stop driving.\n\n**2. Defines 'minor damage' for crash reporting** (Section 5)\nIf you're in a crash in WA, you must report it to police unless the damage is below a certain amount. This regulation sets that amount at **$3,000**. If damage is under this threshold, you have a legal defence if you didn't report it.\n\n**3. Expands who can drive emergency vehicles** (Section 6A)\nNormally, you need a specific licence to drive emergency vehicles with lights and sirens. This regulation adds extra categories of people who can do this job:\n- Fire and emergency services officers and members\n- Local government employees\n- Contractors working for fire/emergency services or councils\n- People acting under the direction of any of the above\n\n**4. Expands which vehicles count as emergency vehicles** (Section 6B)\nCertain dangerous goods vehicles (those carrying explosives or other hazardous materials that must display warning placards) are treated as emergency vehicles for the purposes of special driving permissions under the Act.\n\n**Why it matters:** This regulation affects everyday drivers (the $3,000 damage threshold), people with unpaid fines (the caution system), and emergency services operations (who can drive what vehicles)."}},"importantCases":[],"_links":{"self":"/api/acts/road-traffic-miscellaneous-regulations-2008","history":"/api/acts/road-traffic-miscellaneous-regulations-2008/history","analysis":"/api/acts/road-traffic-miscellaneous-regulations-2008/analysis","conflicts":"/api/acts/road-traffic-miscellaneous-regulations-2008/conflicts","importantCases":"/api/acts/road-traffic-miscellaneous-regulations-2008/important-cases","documents":"/api/acts/road-traffic-miscellaneous-regulations-2008/documents"}}