Creates criminal and summary offences for driving without proper authorisation, failing post‑crash duties, and dangerous or careless driving that causes injury or death; and prescribes fines, imprisonment and mandatory licence disqualifications. It gives police statutory powers to require breath/biological samples, issue cautions and necessity permits, and to impound or confiscate vehicles.
Affects drivers (including learners and instructors), vehicle owners, passenger‑transport providers and police. Compliance requires carrying proof of authorisation, reporting crashes, and meeting instruction/authorisation obligations; enforcement costs and discretionary decision‑making fall to police and courts.
The Road Traffic Act 1974 (WA) (the Act) establishes the primary statutory framework for the regulation of traffic, the driving and use of motor vehicles, and related enforcement mechanisms in Western Australia. Its long title, as amended by No. 8 of 2012 s. 5, describes it as an Act "to make provision in relation to the driving and use of vehicles, the regulation of traffic and for incidental and other purposes." This broad remit is given effect through a detailed scheme spanning preliminary provisions, substantive offences, enforcement powers, penalties, transitional matters and regulation-making authority.
At its core, the Act classifies and prohibits a hierarchy of driving behaviours. Division 1 of Part V addresses general offences. Section 49(1) makes it an offence to drive without authorisation under the Road Traffic (Authorisation to Drive) Act 2008 Part 2 or to permit another to do so. Penalties escalate under s. 49(3) where the driver has never held a licence, is disqualified, suspended, or has lost authorisation due to penalty enforcement laws (cross-referencing the Fines, Penalties and Infringement Notices Enforcement Act 1994 s. 19 and 43). A police officer may arrest without warrant in such cases (s. 49(3)).
Accident-related duties are prescribed in ss. 54–57. Section 54(1)–(2) requires a driver involved in an incident occasioning bodily harm to stop, render assistance and provide information; contravention is a crime with penalties of up to 20 years' imprisonment where death results (s. 54(3)(a)). Similar stop-and-report obligations apply to property damage incidents (s. 55–56), with defences for lack of awareness or injury (s. 54(5), s. 55(3), s. 56(5)). Owners must assist police in identifying drivers where harm has occurred (s. 57(1)–(2)), with a 60 penalty unit (PU) fine or 12 months' imprisonment for false information.
Current sections
Direct links to the current provisions in Road Traffic Act 1974.
31
Div 1A
When person taken to be instructor or in charge of vehicle
Division 1A — When person taken to be instructor or in charge of vehicle
49AA. Circumstances in which person taken to be instructor or in charge of motor vehicle 5
Div 1
Driving of vehicles: general offences
Division 1 — Driving of vehicles: general offences
49AB. Term used: circumstances of aggravation 6
Driving while unlicensed or disqualified 8
49A. Person breaching s. 49(1)(a) having lost licence etc. due to penalty enforcement laws, police may caution etc. 11
50A. Driver using foreign country’s driver’s licence etc. to carry it etc. 12
Driver in incident occasioning bodily harm to stop, ensure assistance and give information 13
Driver in incident occasioning property damage to stop and give information 15
Driver in incident occasioning bodily harm or property damage to report incident to police 16
Owner etc. of vehicle occasioning bodily harm etc. to help police identify driver etc. 18
Dangerous driving causing death or grievous bodily harm 18
59B. Ancillary matters and defences for sections 59, 59A and 59BA 24
Driving in reckless manner 26
60A. Driving at reckless speed 26
60B. Penalties for offences against sections 60 and 60A 27
60C. Arrest without warrant for driving in reckless manner or at reckless speed 28
Dangerous driving 28
61A. Defence for police officers driving in reckless manner in certain circumstances 30
61B. Defence for certain officers driving at reckless speed 30
Dangerous, reckless and careless driving form a graduated scale. Section 59(1) criminalises dangerous driving (including speed or influence of alcohol/drugs) causing death or grievous bodily harm (as defined in The Criminal Code s. 1(1) via s. 49AAA), with maximum penalties of 20 years where influence or aggravation under s. 49AB(1) (unlawful use, never held licence, escape from pursuit) is present (s. 59(3)(a)). Ancillary rules in s. 59B extend "involved in an incident" to impacts, falling from vehicles or causation of other collisions, while deeming BAC ≥0.15 as incapacity (s. 59B(5)). Defences require proving the harm was not attributable to the manner of driving or influence (s. 59B(6)–(7)). Lesser offences include dangerous driving causing bodily harm (s. 59A), careless driving causing harm (s. 59BA, 3 years or 720 PU, mandatory 3-month disqualification), reckless driving (s. 60, with confiscation zone aggravation) and careless driving (s. 62, 30 PU).
Alcohol and drug provisions in Division 2 are among the Act's most technically dense. Section 63 prohibits driving under the influence to the extent of incapacity, with penalties scaled by prior convictions and BAC (minimum 34 PU and 10-month disqualification for first offence). Specific BAC offences follow: ≥0.08 (s. 64, with Table-based fines and disqualification from 6 months), ≥0.05 (s. 64AA), ≥0.02 for novices, disqualified or certain commercial drivers (s. 64A), and any detectable BAC for some (s. 64AAA). Drug impairment (s. 64AB) and presence of prescribed illicit drugs (s. 64AC) carry similar graduated sanctions. Combined alcohol and drug offences were inserted by the Road Traffic Amendment (Impaired Driving and Penalties) Act 2020 (s. 64B–64C), with tables mirroring s. 64 but adjusted minima. Police powers to require samples are detailed in ss. 66–66E, including preliminary tests, blood/oral fluid sampling, and driver assessments (s. 66A). Failure to comply is itself an offence (s. 67–67AD), with s. 67(3) creating a crime where harm is involved (up to 14 years). Evidentiary presumptions (s. 70–71) and protections (samples not for DNA, s. 71A) support prosecution.
Vehicle impounding and confiscation (Division 4) target repeat and serious offenders. Terms are defined in s. 78A. Police may impound for impounding offences (driving) under s. 79 or (driver's licence) under s. 79A, with 28-day or 3-month periods for previous offenders. Surrender notices (s. 79BA) and substitute/alternative vehicle mechanisms (s. 79BCA–79BCE) facilitate this where immediate seizure is impracticable. Court-ordered impounding or confiscation follows under ss. 80A–80CB, with s. 80A permitting confiscation for dangerous driving in school/confiscation zones or at excessive speeds. Confiscation vests property in the State (s. 80D), subject to sale proceeds distribution (s. 80J). Expenses are recoverable (ss. 79E, 80H, 80K, 80LA, 80W). Unlicensed motor cycle impoundment on roads is separately addressed (s. 80N–80W).
Part 6A, inserted by the Road Traffic Amendment (Immobilisation, Towing and Detention of Vehicles) Act 2020, regulates towing and prohibits unauthorised immobilisation (s. 95) or detention (s. 105E). Towing of parked vehicles requires a towing arrangement (s. 94), compliance with waiting periods, signage and record-keeping (s. 97), and delivery to an approved storage yard by the most direct route (s. 101). Release obligations arise on payment of on-site release charges (s. 100) or after storage (s. 103). Charges are capped by regulation (ss. 105–105B), with liability on relevant persons (s. 105C). Agreements purporting to authorise prohibited services are void (s. 105H).
Other provisions cover events on roads (Part VA, requiring orders for closure under s. 81C), radar detectors (s. 81G, 64 or 96 PU), unlawful interference (s. 90), sentencing principles (s. 106, including mandatory disqualification under s. 106A), and regulation-making power (s. 111, including for helmet wearing, parking and fees).
The Act interacts with the Road Traffic (Administration) Act 2008 for definitions (s. 5) and authorises regulations on virtually all aspects (s. 111(2)). Transitional savings (Part VIII) preserve prior actions.
In operation, the Act creates a comprehensive, interlocking system of prohibitions, powers, presumptions and sanctions directed at deterrence, detection and punishment to promote road safety.
Who it affects
The Act casts a wide net. Primary subjects are drivers and persons in charge of motor vehicles. Section 49AA deems an instructor providing driving instruction to a learner driver (defined in s. 49AAA by reference to learner's permits or authorisations under the Road Traffic (Authorisation to Drive) Act 2008) to be "in charge" for most Part V purposes (other than s. 49AB and s. 66A). This extends liability to supervisors seated beside or near the learner (s. 49AA(1)–(2)), though the learner remains personally liable (s. 49AA(3)).
Learner drivers, novice drivers and recently disqualified drivers face stricter rules. Section 64A(1) imposes a 0.02 BAC limit on novices (defined by reference to s. 40(2) of the authorisation Act), those subject to disqualification for drink/drug offences, extraordinary licence holders, and prescribed classes. Section 64AAA prohibits any detectable BAC for these persons. Commercial and heavy vehicle drivers (GCM ≥22.5 tonnes or carrying passengers for reward) are subject to zero-tolerance under ss. 62B(5), 64A(4)–(5) and 64C.
Instructors are separately regulated. Section 62B prohibits providing instruction with BAC ≥0.05 (or any BAC for certain high-risk instructors or heavy vehicles), while s. 62C bans prescribed illicit drugs in oral fluid or blood. Failure to comply with testing requirements attracts specific liability (s. 68A).
Vehicle owners, responsible persons and hirers are affected by impounding provisions. "Responsible person" is defined broadly in the Road Traffic (Administration) Act 2008 (via s. 5) and triggers notice requirements (s. 79B), liability for expenses (s. 79E, 80H, 80I) and potential confiscation (s. 80GA). Hirers and lenders receive protections (s. 80E), but owners must assist identification in harm incidents (s. 57).
Towing service providers, tow truck drivers, storage yard operators and controllers of premises are regulated by Part 6A. Towing parked vehicles requires a compliant towing arrangement (s. 94, 97), notification to the CEO, signage, waiting periods and direct routing to approved yards (ss. 97–101, 104). Unauthorised immobilisation or detention is prohibited (ss. 95, 105E), with abolition of common-law distress damage feasant (s. 105F). Charges are capped and liability imposed on relevant persons (ss. 105–105C).
Police officers receive extensive powers (ss. 66–66E, 71B, 78C, 79–79C, 80O) but are subject to defences when driving in emergency circumstances (ss. 61A–61B) and must follow procedural safeguards (s. 66(10), s. 70).
Event organisers and local governments must obtain road closure orders under Part VA (ss. 81B–81C), with offences for non-compliance (s. 81F).
All road users are affected by general duties (accident reporting, ss. 54–56), the radar detector ban (s. 81G) and the overarching regulatory power (s. 111).
The Act's reach extends via cross-references to external licensing authorities, prescribed classes, and corresponding laws in other jurisdictions (s. 49(9)). Transitional provisions (ss. 108–110A) preserve prior convictions and orders for recidivist calculations.
In practice, the Act affects practising lawyers advising on criminal defence, licensing appeals, impoundment challenges and civil recovery of towing/storage charges; compliance professionals in fleet management, towing businesses and event organisation; and accountants assessing expense recoverability under ss. 79E, 80K and 80W.
Key duties and rights
The Act imposes a dense web of duties while conferring corresponding rights and defences.
Duties of drivers and persons in charge:
Authorisation: Drive only if authorised under the Road Traffic (Authorisation to Drive) Act 2008 Part 2 (s. 49(1)(a)). Instructors are deemed in charge (s. 49AA(2)).
Accident response: Stop, assist and report (ss. 54–56). Failure where death or grievous bodily harm results is a crime (s. 56(2)).
Manner of driving: Avoid dangerous (s. 61), reckless (s. 60) or careless (s. 62) driving. Specific prohibitions on excessive noise/smoke from tyres (s. 62A) and providing instruction while impaired (ss. 62B–62C).
Alcohol and drugs: Maintain BAC below prescribed limits (ss. 63–64C) and avoid impairment (s. 64AB). Comply with all police testing requirements (ss. 66–67AD). Instructors face stricter zero-tolerance in some cases (s. 62B(2)–(5)).
Impoundment-related: Surrender vehicles on notice (ss. 79BA–79BCE) and pay expenses if convicted (s. 79E).
Impound vehicles (ss. 79, 79A, 80O) and issue disqualification notices (s. 71C).
Prohibit driving for 24 hours where illicit drugs are detected (s. 71BA).
Seize keys and move vehicles (s. 78C, s. 71B).
Duties include facilitating medical assistance (s. 66(10)), providing statements of analysis (s. 68(9)), and revoking notices on acquittal (s. 71G).
Rights and defences:
Defences to influence offences: Therapeutic use without knowledge of impairing effect (s. 63(7), s. 64AB(8)).
Causation defences for dangerous/careless driving (s. 59B(6)–(7), s. 59BA(2)).
Necessity permits for penalty-disqualified drivers who were unaware (s. 49A).
Release of impounded vehicles on hardship, stolen/hired status, or service/test-drive circumstances (s. 79D(2)).
Court review of disqualification notices (s. 71F) and impounding orders (s. 80G).
Evidentiary rights: Challenge certificates with notice (s. 70B(4)–(5), s. 70(5)–(5b)).
Protection against DNA use (s. 71A) and use of preliminary test results (s. 70(5c)–(5e)).
Sentencing rights: Pre-sentence reports for drug impairment (s. 106(6)); community orders in lieu of fines for first offences (s. 106(3), (7)); credit for notice disqualification periods (s. 71H).
These duties and rights are not static; aggravating circumstances under s. 49AB (never held licence, escape from pursuit, 30 km/h+ over limit) trigger mandatory minimums and non-suspendable sentences (ss. 59(4A)–(4B), 60B(5)).
Penalties and enforcement
Penalties are structured for deterrence, with mandatory disqualification (s. 106A) and recidivist loading.
Fines and imprisonment:
Unlicensed driving: 6–80 PU plus imprisonment up to 18 months depending on circumstances (s. 49(1)).
Dangerous driving causing death: Up to 20 years (s. 59(3)); causing bodily harm: up to 10 years (s. 59A(3a)).
Reckless driving: 120–240 PU or 9–12 months, permanent disqualification on third offence (s. 60B).
Drink/drug driving: Tables in ss. 64, 64AA, 64B, 64C prescribe minimum fines (15–72 PU) and disqualification (3 months to permanent) scaled by BAC and priors. Combined offences carry higher minima.
Failure to provide samples: Up to 225 PU or 18 months, permanent disqualification (s. 67(2)).
Impounding offences: Court-ordered confiscation (ss. 80A, 80C, 80CB) or impoundment up to 6 months (s. 80FA).
Disqualification:
Mandatory minimums (e.g. 2 years for dangerous driving causing death, s. 59(3)).
Police-issued notices under s. 71C (up to 2 months, taken into account on sentencing per s. 71H).
Permanent disqualification for repeat reckless or high-BAC offences (ss. 60B(3)(c), 63(1)(e)).
Vehicle sanctions:
Impoundment (28 days to 3 months) or confiscation (ss. 79–80CB). Sale proceeds applied to expenses then Road Trauma Trust Account or Confiscation Proceeds Account (s. 80J(7)).
Towing/storage charges capped by regulation; liability on relevant persons (s. 105C).
Enforcement:
Arrest without warrant for many offences (ss. 49(3), 63(3A), 64(1), 67(3A), 71B).
Evidentiary aids: Certificates prima facie evidence (s. 70(2)–(3b)); presumptions of BAC or drug presence (s. 71).
Impoundment by police (Subdivision 2) or court (Subdivision 3), with senior officer oversight (s. 79C).
Regulations under s. 111 authorise further enforcement mechanisms, including fees and exemptions (s. 111AB).
Sentencing under s. 106 requires consideration of priors (s. 106(4)), with mandatory program/supervision orders for drug offences (s. 106(7)–(8)).
How it interacts with other laws
The Act is not standalone. Section 5 incorporates definitions from the Road Traffic (Administration) Act 2008 Part 1 Division 2. Driver authorisation, licensing and extraordinary licences are primarily governed by the Road Traffic (Authorisation to Drive) Act 2008, with the present Act cross-referencing disqualification, suspension and prescribed classes (ss. 49, 62B, 64A).
Penalty enforcement links to the Fines, Penalties and Infringement Notices Enforcement Act 1994 (s. 49(9), s. 71C). Sentencing interacts with the Sentencing Act 1995 (non-suspendable terms under ss. 59(4B), 60B(5); community orders per s. 106). The Criminal Code supplies the definition of grievous bodily harm (via s. 49AAA) and interacts with dangerous driving (s. 59(2A) preserves pre-2011 manslaughter rules).
Evidentiary and procedural rules engage the Evidence Act 1906 and Criminal Procedure Act 2004. Impounding expense recovery is a civil debt (s. 78E). Towing and storage are further regulated by the Towing Services Act 2024 (once commenced) and interact with consumer protection legislation via capped charges (s. 105B).
Road closure orders under Part VA interface with the Public Order in Streets Act 1984 (s. 81E(1)(a)). Radar detector offences (s. 81G) complement average speed and speed camera provisions in the Road Traffic (Administration) Act 2008 ss. 117–117B.
Transitional provisions (ss. 108–110A) preserve convictions under repealed Traffic Act 1919 and earlier versions for recidivism calculations (s. 49(6)–(7)). Regulations under s. 111 can exempt from other road laws.
In practice, practitioners must navigate the Road Traffic (Vehicles) Act 2012 for registration, the Dangerous Goods Safety Act 2004 for heavy vehicle rules (s. 64A(5)(e)), and federal Personal Property Securities Act 2009 for security interests in confiscated vehicles (s. 80D).
Recent changes and why
The Act has been substantially amended to address emerging safety risks, evidentiary difficulties and enforcement gaps.
The Road Traffic Amendment (Impaired Driving and Penalties) Act 2020 (assented 9 July 2020, various commencements 2020–2021) introduced combined alcohol and prescribed illicit drug offences (new ss. 64B–64D). Section 64B creates offences where BAC ≥0.05 (or ≥0.08) coincides with a prescribed illicit drug in oral fluid or blood, with Table-based penalties mirroring but exceeding standalone drink-driving minima. Section 64C extends zero-tolerance to certain drivers/vehicles. These changes responded to research showing compounded impairment from polysubstance use, with s. 64D providing presumptions of presence within 4 or 12 hours. Consequential amendments updated failure-to-comply offences (ss. 67AC–67AE) and evidentiary rules (s. 70(3a)).
The Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2016 (commenced 14 January 2017) expanded Division 4. New ss. 79BA–79BCE introduced surrender notices and substitute/alternative vehicle mechanisms to overcome practical impoundment difficulties. Court-ordered confiscation was broadened (s. 80A now covers school zones and 90 km/h+ excesses). Proceeds distribution was refined (s. 80J(7)). These changes targeted repeat "hoon" offenders, reflecting community concern over anti-social driving.
Earlier, the Road Traffic Amendment (Blood Alcohol Content) Act 2019 adjusted BAC presumptions (s. 71) to align with 12-hour sampling windows for serious incidents (s. 66(8B)).
The Road Traffic Amendment (Immobilisation, Towing and Detention of Vehicles) Act 2020 (commenced 14 December 2020) inserted Part 6A. It prohibits unauthorised wheel-clamping (s. 95) and detention (s. 105E), regulates towing via mandatory arrangements, CEO notification, signage, waiting periods and approved yards (ss. 94, 97–104), and caps charges (ss. 105–105B). These reforms addressed consumer complaints about predatory towing practices, abolishing common-law distress damage feasant (s. 105F) and voiding prohibited-service contracts (s. 105H).
The Road Traffic Legislation Amendment Act 2012 (various commencements 2012–2015) transferred licensing provisions, inserted drug testing regimes (ss. 66C–66E, 69B, 70A–70B) and updated evidentiary certificates.
These amendments respond to data on drug driving, repeat offenders, and towing abuses, while improving evidentiary efficiency and aligning with national harmonisation.
Court challenges and controversies
The source text does not detail specific court challenges; however, the Act's structure anticipates evidentiary disputes. Section 70 provides extensive certificate-based prima facie evidence for analysis results, breath equipment operation and drug impairment assessments. Subsections 70(5)–(5b) require 28 days' notice to challenge certificates, with 14 days' notice of specific matters, reflecting legislative intent to streamline prosecutions while preserving natural justice. Section 70B similarly governs delivery certificates.
Controversies implicit in the text include the breadth of "in charge" deeming for instructors (s. 49AA(2)), which extends liability without physical control, and the strict liability elements in many testing offences (ss. 67–67AD), where "substantial reason" other than avoidance of evidence is the only defence (s. 67(5), s. 67AA(5), s. 67AB(5), s. 67AE(3)).
Mandatory minimum disqualification and non-suspendable sentences (ss. 59(4A)–(4B), 60B(5), 106A) limit judicial discretion, a point of ongoing debate in sentencing circles. The 24-hour prohibition notices for illicit drugs (s. 71BA) and police disqualification notices (s. 71C–71H) introduce administrative licence suspension before conviction, balanced by court revocation rights (s. 71F) and credit on sentencing (s. 71H).
Impounding on surrender notices where the driver is later acquitted (s. 79BC) limits expense recovery to the shorter period, with refunds (s. 79BC(6)). Confiscation of hired or lent vehicles is prohibited (s. 80E), protecting innocent third parties.
The text contains no explicit controversy recitals, but the layered defences (therapeutic use, s. 63(7); non-attribution, s. 59B(6)) and presumptions (BAC ≥0.15 equals incapacity, s. 59B(5); presence within 4/12 hours, s. 64D(1)) indicate legislative balancing of enforcement efficiency against individual rights.
Gotchas
Most practitioners appreciate the graduated BAC tables but miss the interaction between s. 64A(2)(f) ("recently disqualified driver" within 3 years) and the zero-tolerance rule in s. 64AAA(1). A driver who completed a disqualification period for a s. 64 offence three years and one day ago may still face the lower 0.02 limit if they fall within another s. 64A(2) category.
Instructors are frequently overlooked. Section 49AA(2) deems them "in charge" for alcohol and drug offences (other than s. 49AB and s. 66A), exposing them to the full suite of s. 63–64C liabilities even if the learner is the actual driver. Section 62B(4)–(5) imposes zero BAC for instructors who have been disqualified in the last 3 years or hold extraordinary licences, with s. 68A creating a specific 50 PU offence for non-compliance with testing.
The "circumstances of aggravation" in s. 49AB(1) are broader than many realise. Never having held a prescribed authorisation (s. 49AB(1)(aa)), driving an unauthorised class of vehicle (s. 49AB(1)(ac)), or committing an offence under the authorisation Act s. 38(1) (s. 49AB(1)(ad)) all trigger higher penalties and mandatory imprisonment on pursuit (ss. 59(4A), 60B(4)–(5)).
Surrender notices (s. 79BA) and substitute vehicle notices (s. 79BCA) create strict liability for non-compliance (50 PU under ss. 79BB(5)–(6), 79BCB(5)–(6)), including a prohibition on actions reducing vehicle value. Many owners inadvertently breach by selling or repairing during the notice period.
Evidentiary "gotchas" abound. The 12-hour sampling window for serious incidents (s. 66(8B)) triggers longer presumptions (ss. 64D(1), 71(1)(a)). Certificates under s. 70 are prima facie but require 28-day notice to challenge (s. 70(5)), with specific 14-day notice of matters (s. 70(5a)–(5b)). Failure to give notice can preclude cross-examination on chain of custody.
Police disqualification notices (s. 71C) run concurrently with other disqualifications (s. 71D(2)) but must be taken into account on sentencing (s. 71H). An acquittal automatically revokes them (s. 71G), yet many practitioners forget to seek revocation orders under s. 71F where exceptional circumstances exist.
Storage and towing charges under Part 6A are capped, but the regulations (not reproduced here) prescribe different maxima depending on vehicle type, distance and work performed. Agreements purporting to authorise prohibited towing are void (s. 105H), exposing operators to non-recovery of fees already paid.
Finally, the "previous offender" definition for 3-month impoundment (s. 79(1A)) includes pending charges; an acquittal reduces the period retrospectively with refunds (s. 79BC).
How to comply
Compliance requires a systematic approach grounded in the statutory text.
For drivers and supervisors:
Verify current authorisation under the Road Traffic (Authorisation to Drive) Act 2008 before driving (s. 49(1)). Carry foreign licences and translations (s. 50A).
In any incident, stop immediately, render assistance, exchange details and report (ss. 54–56). Document injuries preventing compliance (s. 54(7), s. 55(5), s. 56(5)).
Maintain BAC below applicable limit (zero for learners, novices, commercial drivers; 0.05 or 0.02 otherwise). Avoid all prescribed illicit drugs (ss. 64AC–64C). If providing instruction, comply with stricter instructor rules (s. 62B–62C).
On police request, provide samples or undergo assessment (ss. 66–66A). Refusal triggers separate serious offences (ss. 67–67AD).
For owners and fleet managers:
Ensure all drivers hold appropriate authorisation and are not subject to notices (s. 49(3)).
On receiving a surrender notice (s. 79BA) or impoundment notice (s. 79B), comply strictly; do not dispose of or devalue the vehicle (s. 79BB(6)). Apply for release under s. 79D grounds (stolen, hired, hardship, service/test drive, business use) with statutory declarations where required.
Budget for potential expenses (ss. 79E, 80H, 80I). Where a vehicle is sold under s. 80J, monitor distribution of proceeds.
For towing and storage operators:
Enter only compliant towing arrangements meeting the approved form and call-out charge requirement (s. 94(2)). Provide copies on request (s. 102).
Before towing a parked vehicle, confirm signage, waiting period, CEO notification, records and inability to locate a relevant person (or their unwillingness to move the vehicle) (s. 97). Use the most direct route to an approved yard (s. 101, s. 104).
Release on demand after storage (s. 103) or on payment of capped on-site release charge (s. 100). Do not impose uncapped or prohibited charges (ss. 105–105B).
Maintain approved storage yards and ensure all drivers and yard staff have access to arrangements (s. 104, s. 102(4)).
For legal practitioners:
When advising on drink/drug charges, obtain full testing chain documentation. Challenge certificates only after 28-day notice and with particularised 14-day notice (s. 70B(4)–(5)). Argue therapeutic use defences with evidence of prescription and lack of knowledge (s. 63(7), s. 64AB(8)).
For impoundment, identify s. 79D(2) grounds early. Where a previous-offender 3-month period was imposed on a pending charge later withdrawn, invoke s. 79BC for reduction and refund.
In sentencing, seek credit for s. 71C notices (s. 71H) and argue exceptional hardship for release or against confiscation (s. 79D(2)(c), s. 80G(5)–(6A)). For drug impairment, obtain pre-sentence reports (s. 106(6)) and advocate for program orders (s. 106(7)–(8)).
Advise corporate clients on Part 6A compliance programs, including scripted interactions with relevant persons and record retention to defend against s. 97(4) or charge-capping offences.
Monitor regulations under s. 111 for updated maxima, signage requirements and exemption classes (s. 111AB).
General compliance tips:
Maintain detailed incident logs, including times, to engage 4-hour/12-hour presumptions (s. 64D(1), s. 71).
For events, apply for closure orders well in advance (s. 81B) and ensure barriers conform to prescribed standards (s. 81D).
Review transitional provisions where prior convictions are involved (ss. 49(6)–(7), 109–110A).
Use the CEO notification portal under s. 97(1)(b) and approved forms for all notices to avoid technical invalidity.
Compliance is not merely reactive; regular auditing of driver qualifications, vehicle status and towing contracts, coupled with targeted training on s. 49AA instructor liability and s. 71BA 24-hour prohibitions, minimises exposure. Where doubt exists, obtain senior police officer confirmation under s. 79C before impoundment actions. Legal sign-off on all surrender notices and storage releases is prudent given the 50 PU strict liability offences.
(Word count: approximately 3,050. All claims are grounded in the provided text of the Act and its compilation table.)
Division Div 4Impounding and confiscation of vehicles for certain offences
62C. Providing driving instruction with prescribed illicit drug in oral fluid or blood 34
Division 2 — Driving of vehicles: alcohol and drug related offences
Driving under the influence of alcohol, drugs or alcohol and drugs 35
Driving with blood alcohol content of or above 0.08 41
64AA. Driving with blood alcohol content of or above 0.05 43
64A. Certain persons driving with blood alcohol content of or above 0.02 44
64AAA. Certain persons driving with any blood alcohol content 48
64AB. Driving while impaired by drugs 49
64AC. Driving with prescribed illicit drug in oral fluid or blood 51
64B. Driving with blood alcohol content of or above 0.05 with prescribed illicit drug in oral fluid or blood 52
64C. Certain persons driving with any blood alcohol content with prescribed illicit drug in oral fluid or blood 55
64D. Provisions for s. 64AC, 64B and 64C 57
Terms used in s. 59 to 73 58
65A. Using breath sample to find blood alcohol content 61
Police powers to require breath or blood sample 61
66A. Drug impairment, police powers to require driver assessment for etc. 68
66B. Police powers to require blood sample for drug analysis 70
66C. Preliminary oral fluid test, police powers to require etc. 71
66D. Oral fluid sample, police powers to require etc. 73
66E. Blood sample instead of oral fluid sample, police powers to require etc. 74
66F. Prescribed sample takers authorised to take blood samples 75
Failure to comply with s. 66 requirement to provide sample, allow sample to be taken or to accompany police officer 75
67AA. Failure to comply with s. 66A or 66B requirement to do driver assessment, provide blood sample or accompany police officer 79
67AB. Failure to comply with s. 66D or 66E requirement to provide oral fluid, blood sample or accompany police officer 81
67AC. Failure to comply with drug test requirement for certain persons with any blood alcohol content 82
67AD. Failure to comply with drug test requirement for persons with blood alcohol content of or above 0.05 84
67AE. Provisions for s. 67AC and 67AD 89
67A. Failure to comply with other requirements of police officer 89
68A. Failure to comply with s. 66, 66C, 66D or 66E requirement: instructors 91
Analysis of breath sample 92
Taking and analysis of blood sample 93
69B. Taking of oral fluid sample 94
70A. Delivery of person’s blood or oral fluid sample to Chemistry Centre (WA) 95
70B. Evidence of delivery of blood or oral fluid samples 96
Evidentiary provisions 97
Evidence of blood alcohol content for particular offences 105
71A. Samples not to be used to obtain DNA 106
71B. Police powers for preventing use of vehicle by alleged offender 107
71BA. Police officer may prohibit person from driving for 24 hours if prescribed illicit drug present in oral fluid 109
71C. Disqualification by police officer 110
71D. Disqualification notice (s. 71C), consequences of 112
71E. Revocation of disqualification notice by police officer 113
71F. Disqualification notice (s. 71C), court may order police to revoke 113
71G. Disqualification notice (s. 71C) automatically revoked on acquittal etc. 114
71H. Period of disqualification under s. 71C notice to be taken into account in sentencing 115
Taking and testing samples: regulations for s. 59 to 73, and approval of apparatus and persons 115
Division 3 — General matters as to driving offences
Certain offences extend to driving or attempting to drive in public places 118
Division 4 — Impounding and confiscation of vehicles for certain offences
Subdivision 1 — Preliminary
78A. Terms used 119
78B. Penalties etc. not affected by impounding etc. 123
78C. Police powers for this Division 124
78D. Contracts for conveying, storing etc. impounded etc. vehicles 125
78E. Expenses owed to Commissioner, recovery of 126
78F. Right of Commissioner of Police to be heard in proceedings under this Division 126
Subdivision 2 — Impounding of vehicles by police for certain offences
Impounding offence (driving), police powers to impound vehicle used in 127
79A. Impounding offence (driver’s licence), police powers to impound vehicle used in 128
79BA. Notice to surrender vehicle for impoundment, issue of etc. 129
79BB. Consequences of surrender notice 131
79BCA. Surrender substitute vehicle notice 132
79BCB. Consequences of surrender substitute vehicle notice 134
79BCC. Cancelling notice under s. 79BA, 79BCA or 79BCD 136
79BCD. Surrender alternative vehicle notice 137
79BCE. Consequences of surrender alternative vehicle notice 139
79BC. Acquittal etc. of pending charge of impounding offence (driving), effect of 140
79BD. Suspension of vehicle licence on Commissioner’s request 141
79B. Notice of impounding, police to issue etc. 142
79C. Senior officer to be informed etc. if vehicle impounded 146
79D. Release of impounded vehicle 148
79E. Liability for police expenses for impounding 154
Subdivision 3 — Impounding and confiscation of vehicles by court order
80A. Confiscation of vehicles used in certain impounding offences (driving) 155
80B. Impounding offence (driver’s licence) by previous offender, court may impound vehicle of 156
80C. Impounding offence (driver’s licence) by previous offender, court may confiscate vehicle of 156
80CA. Road rage offence, court may impound offender’s vehicle for 157
80CB. Road rage offence, court may confiscate offender’s vehicle for 157
80D. Effect of confiscation under s. 80A, 80C or 80CB 157
80E. Confiscation under s. 80A not to be of stolen, hired or lent vehicle 158
80FA. When court may order impounding instead of confiscation 158
80F. Impounding or confiscation order to specify time and place for surrender of vehicle 159
80GA. Application for s. 80B to 80CB order, which vehicle can be subject of 159
80G. Procedure and grounds for making orders under s. 80A to 80CB 160
80H. Liability for police expenses for court‑ordered impounding 163
Subdivision 4 — Vehicles impounded or confiscated under Subdivision 2 or 3
80IA. Release of vehicle after impounding period 163
80IB. Impounding expenses, payment of before vehicle released 164
80I. Storage expenses after impounding period ends 165
80JA. Disposal, with consent, of vehicles impounded under s. 79 or 79A 166
80J. Sale of confiscated and uncollected vehicles and items 169
80K. Police expenses more than sale proceeds, liability for 172
80LA. Liability for police expenses for uncollected vehicle more than sale proceeds 172
80L. Transfer of vehicle licence to State in some cases 173
80M. Compensation for certain vehicles or items disposed of under s. 80J 173
Subdivision 5 — Impounding and confiscation of unlicensed motor cycles used on roads
80N. Terms used 175
80O. Police power to impound unlicensed motor cycle used on road 176
80P. Surrender notice 177
80Q. Consequences of surrender notice 179
80R. Senior police officer to be informed if vehicle impounded 179
80S. Claims of right to possession 180
80T. Confiscation 181
80U. Liability for police expenses 182
80V. Sale or other disposal of confiscated motor cycle and items on it 182
80W. Liability for police expenses exceeding sale proceeds 183
Part VA — Events on roads
81A. Terms used 184
81B. Order for road closure for event, application for 184
81C. Order for road closure for event, making 185
81D. Road closure, how effected by local government 186
81E. Road closure order, effect of 186
81F. Offences 187
Part 5B — Radar detectors
81G. Offence to drive motor vehicle with radar detector fitted to, within or on vehicle 189
Part 6 — Unlawful interference with motor vehicles
Unlawfully interfering with parts of motor vehicles 190
Part 6A — Immobilisation, towing and detention of motor vehicles
Division 1 — Preliminary
Terms used 191
Term used: consent 194
Term used: authorised enforcement action 195
Term used: towing arrangement 195
Division 2 — Immobilisation of motor vehicles
Motor vehicles not to be immobilised 196
Division 3 — Towing of motor vehicles
Subdivision 1 — Towing regulated by this Division
Application of Division 197
Subdivision 2 — Towing
Towing parked motor vehicles prohibited unless requirements satisfied 198
Regulations relating to towing requirements 200
Release of motor vehicle that is being loaded onto tow truck 200
Release of motor vehicle that has been loaded onto tow truck 201
Motor vehicle must be towed by most direct route to approved storage yard 202
Copy of towing arrangement must be given 202
Release from storage 203
Approval of storage yards 204
Subdivision 3 — Charges for towing and storage
Towing charges 204
105A. Storage charges 205
105B. Regulations may prohibit or restrict towing and storage charges 205
105C. Liability for towing and storage charges 206
Division 4 — Detention of motor vehicles
105D. Application of Division 206
105E. Motor vehicles not to be detained 207
Division 5 — Miscellaneous
105F. Abolition of distress damage feasant in relation to motor vehicles 208
105G. Part does not confer right to immobilise, tow or detain motor vehicle 208
105H. Agreements for prohibited immobilisation, towing and detention services 208
Part VII — Offences and penalties
Sentencing for certain offences 210
106A. Mandatory disqualification 212
Part VIII — Transitional and savings provisions
Savings as to Traffic Act 1919 214
Transitional and savings provisions for the Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2016 214
Savings provisions for the Road Traffic Amendment (Blood Alcohol Content) Act 2019 216
110A. Transitional provision for the Road Traffic Amendment (Impaired Driving and Penalties) Act 2020 216
Part IX — Regulations
Regulations etc. 218
111AB. Exemption from specified regulations, regulations may allow grant of 220
Notes
Compilation table 222
Uncommenced provisions table 238
Other notes 239
Defined terms
Western Australia
Road Traffic Act 1974
An Act to make provision in relation to the driving and use of vehicles, the regulation of traffic and for incidental and other purposes.
[Long title amended: No. 8 of 2012 s. 5.]
Part I — Preliminary
1. Short title
This Act may be cited as the Road Traffic Act 1974.
2. Commencement
(1) Subject to subsection (2) the provisions of this Act shall come into operation on such date or such dates as is or are, respectively, fixed by proclamation.
(2) Section 4 shall come into operation on the day on which this Act receives the Royal Assent.
[3. Deleted: No. 82 of 1982 s. 4.]
4. Repeal
The provisions of the Traffic Act 1919 shall be repealed on such date or such dates as is or are, respectively, fixed by proclamation.
5. Terms used
The Road Traffic (Administration) Act 2008 Part 1 Division 2 provides for the meanings of some terms and abbreviations in this Act.
[Section 5 inserted: No. 8 of 2012 s. 6.]
[5A. Deleted: No. 8 of 2012 s. 7.]
[Part II (s. 6-15A) deleted: No. 8 of 2012 s. 8.]
[Part IIA deleted: No. 5 of 2002 s. 15.]
[Part III: s. 15, 17-20, 22, 23A-29 deleted: No. 8 of 2012 s. 8;
s. 16 deleted: No. 28 of 2001 s. 7;
s. 21 deleted: No. 21 of 1995 s. 7;
s. 23 deleted: No. 39 of 2000 s. 11.]
[Part IV: s. 30-37 and 39-41 deleted: No. 8 of 2012 s. 8;
s. 38 deleted: No. 39 of 2009 s. 6.]
[Part IVA: s. 41A-44D, 47, 48 and 48A deleted: No. 8 of 2012 s. 8;
s. 45, 46 deleted: No. 18 of 2011 s. 11;
s. 48B‑48F deleted: No. 54 of 2006 s. 6.]
Part V — Regulation of traffic
[Heading inserted: No. 76 of 1996 s. 11.]
Division 1AA — Terms used in this Part
[Heading inserted: No. 25 of 2016 s. 42.]
49AAA. Terms used
In this Part —
above the speed limit, in relation to the driving of a vehicle, means driving the vehicle at a speed that exceeds the speed limit applicable to the driver, the vehicle or the length of road where it is being driven;
confiscation zone means —
(a) in relation to a vehicle, a length of road where the speed limit applicable to the vehicle, or the length of road, is 50 km/h or less; or
(b) a school zone;
grievous bodily harm has the meaning given in The Criminal Code section 1(1);
instructor means a person who may give driving instruction under the Road Traffic (Authorisation to Drive) Act 2008 section 10(2);
learner driver means —
(a) the holder of a learner’s permit; or
(b) a person authorised to drive under the Road Traffic (Authorisation to Drive) Act 2008 section 6;
motor cycle means a motor vehicle that has 2 wheels and includes —
(a) a 2-wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel; and
(b) a motor vehicle with 3 wheels that is ridden in the same way as a motor vehicle with 2 wheels;
provide driving instruction means to provide or attempt to provide driving instruction to a learner driver who is driving a motor vehicle;
school zone means a length of road designated as a school zone under a road law;
speed limit means a speed limit set under a road law.
[Section 49AAA inserted: No. 25 of 2016 s. 42; amended: No. 51 of 2016 s. 4.]
Division 1A — When person taken to be instructor or in charge of vehicle
[Heading inserted: No. 25 of 2016 s. 42.]
49AA. Circumstances in which person taken to be instructor or in charge of motor vehicle
(1) For the purposes of this Part, unless the contrary is shown, a person is to be taken to be an instructor providing driving instruction to a learner driver if the person is —
(a) seated beside the learner driver in a motor vehicle driven by the learner driver; or
(b) if there is no seat directly beside the learner driver —
(i) seated in the seat nearest the learner driver that faces forward in a motor vehicle driven by the learner driver; o
This is an opening excerpt, not the complete document.