Part 1
Preliminary
Part 1 — Preliminary
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Western Australia act
What this Act does (mechanics first)
Establishes a single administrative and enforcement framework for Western Australian "road laws": the Road Traffic Act 1974, the Road Traffic (Authorisation to Drive) Act 2008 and the Road Traffic (Vehicles) Act 2012. (Long title; see Part 1.)
Creates the CEO role and gives the CEO, the Commissioner of Police and the Commissioner of Main Roads powers to delegate, enter into agreements, and share and receive driver, vehicle and incident information with a wide range of authorities. (Delegation and information sharing: ss 8–13A, 13B, 13C.)
Authorises non‑police wardens for limited traffic control functions and sets rules for their identification and limits on the use of force. (Wardens: ss 21–27, 24.)
Gives police broad powers to stop, direct, move or require people to leave vehicles, and to enter, inspect, search and seize from vehicles, business premises and defined storage yards for the purposes of checking compliance with mass, dimension and loading rules (MDLR) and the Road Traffic Act Part 6A (immobilisation/towing/detention). These powers include the use of assistants, electronic equipment, and the ability to run vehicle engines where necessary. Some entries and searches may be done without a warrant during business hours; others require a warrant. (Key powers: ss 39–50, 52–61, 61A–61B, 62–66, 67–71.)
Provides for embargo notices where physical seizure is impracticable, and sets criminal penalties for breaching embargoes. (Embargo notices: s 71.)
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Direct links to the current provisions in Road Traffic (Administration) Act 2008.
Part 1 — Preliminary
Division 1 — General
Short title 2
Commencement 2
Crown bound 2
Division 2 — Terms used in road laws
Terms used in road laws 2
Owner of vehicle 12
Person responsible for vehicle 13
Abbreviations 14
Part 2 — Administration — general matters
Delegation of CEO’s functions 15
Delegation of functions of Commissioner of Police 16
Delegation of functions of Commissioner of Main Roads 16
Agreements for performance of functions 17
Exchange of information between CEO and Commissioner of Police 18
13A. Exchange of information between CEO and other authorities 20
13B. Disclosure of information to Commissioner of Main Roads 22
13C. Disclosure of information in compliance with request under Fines, Penalties and Infringement Notices Enforcement Act 1994 22
13D. Disclosure of incident information to ICWA 23
13E. Disclosure of abridged incident information to involved persons 23
Disclosure of information to corresponding authorities 24
Disclosure of information to prescribed persons 24
Disclosure of information for road safety purposes 25
16A. Disclosure of information for purposes of Personal Property Securities Act 2009 (Commonwealth) 27
16B. Disclosure of information with consent 27
16C. Disclosure by means of automated system 27
Information about new motor vehicles 27
Reciprocal powers of officers 28
Effect of directions etc., administrative actions of other jurisdictions 29
Effect of court orders of other jurisdictions 30
Funds to which charges and fees credited 31
Part 3 — Wardens and police officers
Terms used 32
CEO may authorise persons to perform certain warden functions 32
Commissioner of Police may authorise persons to perform certain warden functions 33
Powers of wardens 33
Identification cards 34
Production of identification 34
Return of identification cards 35
Part 4 — Enforcement of road laws
Division 1 — Terms used in this Part
Terms used 36
Qualified, fit or authorised to drive or run engine 39
Unattended vehicle 40
Broken down vehicle 40
Division 2A — When person taken to be instructor or in charge of vehicle
32A. Circumstances in which person taken to be instructor or in charge of motor vehicle 41
Division 2 — General obligations
Giving name, address etc. 42
Production of driver’s licence document, learner’s permit 43
Duty to identify offending driver or person in charge of vehicle 44
Duty to take reasonable measures to be able to comply with identity request 46
Other offences 47
Manner of giving directions etc. under this Division 49
Division 3 — Directions to stop, move or leave vehicles
Vehicles and drivers to which this Division applies 49
Direction to stop vehicle: to enable exercise of other powers 50
Direction to move vehicle: to enable exercise of other powers 51
Direction to move vehicle: where danger or obstruction 52
Direction to leave vehicle 52
Manner of giving directions under this Division 53
Directions to be complied with 53
Division 4 — Power to move vehicles
Moving unattended vehicle to exercise Division 5 powers 54
Moving unattended or broken down vehicle where danger or obstruction 55
Moving vehicles parked without authority in certain areas 56
Moving vehicles involved in offence 57
Removal of other unattended vehicles 57
Authorisation of responsible person not required 58
Division 5 — Powers of inspection and search for MDLR compliance purposes
Residential purposes 58
Inspection of vehicles on roads, in public places or certain official premises 59
Search of vehicles on roads, in public places or certain official premises 60
Inspection of premises 62
Search of premises 64
Division 6 — Other directions in relation to MDLR compliance purposes
Direction to produce records, devices or other things 66
Direction to provide information 68
Direction to provide reasonable assistance for powers of inspection and search 70
Provisions relating to running engine 72
Manner of giving directions under this Division 73
Division 6A — Powers of inspection and search for RTA Part 6A compliance purposes
61A. Inspection of premises 74
61B. Search of premises 75
Division 6B — Other directions in relation to RTA Part 6A compliance purposes
61C. Direction to produce records, devices or other things 76
61D. Direction to provide information 78
61E. Direction to provide reasonable assistance for powers of inspection and search 79
61F. Directions under this Division 80
Division 7 — Warrants to enter premises for MDLR compliance purposes or RTA Part 6A compliance purposes
Terms used 81
Warrant, grounds for application 81
Warrant, manner of application 82
Warrant, issue of 84
Warrant, duration and execution of 84
Division 8 — Other provisions regarding inspections and searches for MDLR compliance purposes or RTA Part 6A compliance purposes
Use of assistants and equipment 85
Use of equipment to examine or process things 85
Use or seizure of electronic equipment 86
Division 9 — Other provisions regarding seizure for MDLR compliance purposes or RTA Part 6A compliance purposes
Seized material: receipts, copies, access to originals 87
Embargo notices 88
Division 10 — Miscellaneous
Power to use force against persons to be exercised only by police officers 91
Consent 91
Occupier’s rights 92
Directions may be given under more than one provision 94
Defence of compliance with direction 94
Restoring vehicle or premises to original condition after action taken 94
Providing evidence to other authorities 95
Part 5 — Infringement notices and notices requesting information
Division 1 — Preliminary
Terms used 96
Designating persons as designated departmental officers, issuing officers or withdrawing officers 97
Division 2 — Infringement notices
Subdivision 1 — Infringement notices (alleged offender)
Service of infringement notice on alleged offender 98
Infringement notices for not applying for transfer of vehicle licence 99
Subdivision 2 — Infringement notices (vehicle)
Service of infringement notice on responsible person by leaving notice on vehicle 100
Responsible person presumed to have committed offence in certain circumstances 101
Effect of giving notice under s. 84 104
Subdivision 3 — Infringement notices (visual evidence)
Service of infringement notice on responsible person if there is visual evidence in relation to offence 104
Responsible person presumed to be driver in certain circumstances 105
Effect of giving notice under s. 87 108
Subdivision 4 — Extension infringement notices
Individual may apply for more time to pay modified penalty 108
Service of extension infringement notices 109
Subdivision 5 — General provisions in relation to infringement notices
General requirements for infringement notices 110
Effect of payment of modified penalty 112
Effect of election to have charge for alleged offence heard and determined by court 114
Withdrawal of infringement notices 115
Regulations relating to infringement notices 115
Division 3 — Notices requesting information
Service of notice requesting information 116
Offence of failing to provide information 118
Offence under s. 97(1) is prescribed road law offence 120
Withdrawal of notices requesting information 120
Division 4 — Miscellaneous
Service methods for Part 5 documents 121
Offence to give information known to be false 122
Part 6 — Prosecutions
Division 1 — Commencing prosecutions
Who may commence prosecution 123
When prosecution can be commenced 124
Limitation on period for which previous offences taken into account 124
Production of licences, permits at hearings 124
Division 2 — Evidentiary provisions
Averments etc. in prosecution notices 125
Certificate evidence 128
Proof of authority of warden, vehicle examiner 129
Ascertainment of mass by weighbridge 130
Ascertainment of mass by loadmeter etc. 131
Ascertainment of mass by reference to manufacturer’s specifications 132
Evidence regarding manufacturer’s ratings 132
Proof of appointments and signatures unnecessary 133
Road law offence detection equipment 134
117A. Evidentiary provisions for images or video recorded by speed measuring and recording equipment or visual detection equipment 139
117B. Evidence of average speed as actual speed 142
117C. Average speed detection systems 144
117D. How average speed is to be calculated 144
117E. How average speed limit is to be calculated 145
117F. Evidence of, proceedings for, certain matters related to evidence of average speed 146
117G. Evidentiary provisions for images recorded by average speed detection systems 147
117H. Certificate evidence as to shortest practicable distance 149
117I. Certificate, image copies to be given before proceedings 150
Proof of transport, journey documentation 150
Bodies corporate or employers, conduct on behalf of 151
Burden of proof where load falls off vehicle 152
Division 3 — Sentencing matters
Minimum fines 152
Penalties for bodies corporate 153
Part 7 — Damage to road infrastructure
Terms used 154
Compensation orders for damage to road infrastructure in consequence of MDLR offences 155
Assessment of compensation 155
Service of certificates 156
Limits on amount of compensation 157
Costs 157
Enforcement of compensation order and costs 157
Relationship with orders or awards of other courts and tribunals 158
Liability for damage to road infrastructure 158
Road authority may recover expenses of damage caused by heavy traffic 159
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Road Traffic (Administration) Act 2008
Western Australia
Road Traffic (Administration) Act 2008
Contents
Part 1 — Preliminary
Division 1 — General
Short title 2
Commencement 2
Crown bound 2
Division 2 — Terms used in road laws
Terms used in road laws 2
Owner of vehicle 12
Person responsible for vehicle 13
Abbreviations 14
Part 2 — Administration — general matters
Delegation of CEO’s functions 15
Delegation of functions of Commissioner of Police 16
Delegation of functions of Commissioner of Main Roads 16
Agreements for performance of functions 17
Exchange of information between CEO and Commissioner of Police 18
13A. Exchange of information between CEO and other authorities 20
13B. Disclosure of information to Commissioner of Main Roads 22
13C. Disclosure of information in compliance with request under Fines, Penalties and Infringement Notices Enforcement Act 1994 22
13D. Disclosure of incident information to ICWA 23
13E. Disclosure of abridged incident information to involved persons 23
Disclosure of information to corresponding authorities 24
Disclosure of information to prescribed persons 24
Disclosure of information for road safety purposes 25
16A. Disclosure of information for purposes of Personal Property Securities Act 2009 (Commonwealth) 27
16B. Disclosure of information with consent 27
16C. Disclosure by means of automated system 27
Information about new motor vehicles 27
Reciprocal powers of officers 28
Effect of directions etc., administrative actions of other jurisdictions 29
Establishes a detailed infringement (ticketing) and notice regime covering: notices to named alleged offenders, notices left on vehicles, notices based on visual evidence (e.g. camera images), extension notices, notices requesting identity information, and strict procedures for service, withdrawal, and payment. It also creates statutory defences and family‑violence exceptions in certain notice situations. (Part 5: ss 79–101.)
Sets time limits and rules for commencing prosecutions, and a comprehensive set of evidentiary and certificate rules for court use of registers, weighbridges, loadmeters and modern detection equipment (speed cameras, visual detection, average‑speed systems). The Act makes images and certificates prima facie evidence when procedural requirements are met and provides notice periods for disclosure to accused persons. (Prosecutions and evidence: Part 6, especially ss 105–117I.)
Allows courts to order offenders to pay compensation for damage to road infrastructure caused by MDLR offences, and permits road authorities to recover extraordinary repair costs caused by heavy traffic. (Damage and compensation: Part 7, ss 123–132.)
Imposes confidentiality requirements on officials handling road‑law information and creates criminal penalties for improper use or disclosure of that information. (Confidentiality: s 143A.)
Gives wide regulation‑making powers to implement detailed requirements, approved forms and published procedures, including ministerial approval powers for types of detection equipment and the ability to apply road regulations to non‑road public areas. (Regulations and approvals: ss 117(2), 143–146A.)
Who this affects
Why it matters (stated purpose and consequential effects)
The Act centralises and modernises administration and enforcement mechanisms across several road statutes. The stated purpose is to provide effective administration and enforcement of those road laws (long title; ss 1–2). The Act implements that purpose by giving administrating agencies (CEO, police, Main Roads) powers to gather, share and act on data and evidence (ss 11–13B, 16C, 117–117I).
The Act substitutes traditional on‑the‑spot policing and court prosecution with an expanded administrative enforcement toolkit: automated detection evidence, infringement notices (including to vehicle owners when a driver is unknown), extension notices and notices requesting information (Part 5). That shifts some enforcement from contested criminal prosecutions to administrative fine processes (ss 81–94, 96–99, 92–93).
To support enforcement of heavy vehicle mass/dimension/loading standards (MDLR) and tow/immobilisation rules (RTA Part 6A), the Act gives police strong inspection/search/seizure powers at workplaces, compels production of electronic and paper records, and allows embargoes and seizure of digital data (ss 52–61, 61A–61C, 68–71). These powers raise the compliance workload for transport operators (records, devices, equipment maintenance) while improving the State’s ability to detect and remediate breaches.
**Costs, incentives and trade‑offs (practical testing of purpose claims)**n
Who pays: (a) individuals/owners pay fines and possible compensation orders (e.g. s 44 penalty 100 PU; compensation under s 124); (b) businesses may bear costs of additional record systems, weigh/measure equipment, legal compliance and responses to searches; (c) public agencies must resource data sharing, certification and oversight (ss 11–13A, 117(8)–(9)).
Who decides: operational discretion is concentrated in police officers (directions, searches, warrants: ss 39–66), the CEO (information disclosure, designations, forms: ss 11, 80, 146A), the Commissioner of Police (certifying users of detection equipment; ss 117, 117A), and magistrates or JPs (issuing warrants; ss 63–65). Ministers set approvals for types of detection equipment (s 117(2)) and may make regulation‑level choices.
Behaviour change incentivised: better record keeping, locking down electronic devices and transport logs, increased use of approved detection technologies by enforcement agencies, and greater caution from vehicle owners when lending vehicles (responsible person presumptions in ss 84, 87). There are explicit incentives to keep driver identity records and to comply quickly with requests for vehicle/driver information (ss 34–35, 83–88, 96–99).
Compliance burden and substitution effects: transport operators, small premises and owner‑drivers face new production obligations (s 56, 61C) and possible searches during business hours (ss 54–55). Operators may respond by moving more activity off‑site or adopting additional record‑keeping technology, with associated costs. The Act exempts certain family‑violence situations from disclosure (family‑violence evidentiary documents; ss 34(3A), 35(3), 84(8), 87(8), 96–99), which reduces the risk that safety concerns force disclosure.
Evidence and procedural risk: the law creates detailed admissibility rules for images, certificates and automated systems (ss 117–117I). Those rules reduce prosecution risk for the State where procedures are followed but raise defence burdens (notice periods, challenge rules). Automated and remote evidence retrieval raises cyber‑security, privacy and error‑correctness risks (s 16C; ss 117A, 117I require pre‑trial disclosure).
Rent‑seeking, capture and concentration risk: the Act permits delegation, contracting out of functions and information exchange with non‑government bodies (ss 8, 11, 13A). That can create efficiency but also concentrates data and operational power in a few authorised service providers and in the CEO/Commissioner offices; the Act imposes confidentiality duties (s 143A) and criminal penalties for misuse.
Concrete examples from the Act
Implementation and enforcement risks
Heavy reliance on cooperation between agencies and on procedural safeguards (certificates, notice periods). Administrative errors in sharing or certifying data could generate legal challenges (see ss 12–13A; ss 110, 117A, 117I).
Operational discretion is wide for police and the CEO; the Act contains many conditional exceptions and defences, which require training and clear internal procedures to avoid unlawful exercise of powers (e.g. warrant process ss 63–66; consent and occupier’s rights ss 73–74).
Privacy and data security risks rise with automated disclosure systems and inter‑agency exchanges (s 16C; ss 12–15). The confidentiality offence in s 143A is severe (up to 12 months’ jail or 240 PU fine) but depends on implementation safeguards.
Bottom line (plain terms)
The Act is the detailed, operational rulebook that lets the WA road agencies and police gather evidence (including automated camera images), inspect and seize records and devices, and use administrative ticketing and court prosecution to enforce driver, vehicle and heavy‑vehicle rules. It shifts enforcement toward a mix of administrative sanctions and certificated technical evidence, increases obligations on vehicle owners and transport businesses to keep accessible records, and concentrates important procedural control in the CEO, the Commissioner of Police and police officers on the ground. (Key locations: Parts 4–6, Part 5 (infringements), Parts 7–8.)
Effect of court orders of other jurisdictions 30
Funds to which charges and fees credited 31
Part 3 — Wardens and police officers
Terms used 32
CEO may authorise persons to perform certain warden functions 32
Commissioner of Police may authorise persons to perform certain warden functions 33
Powers of wardens 33
Identification cards 34
Production of identification 34
Return of identification cards 35
Part 4 — Enforcement of road laws
Division 1 — Terms used in this Part
Terms used 36
Qualified, fit or authorised to drive or run engine 39
Unattended vehicle 40
Broken down vehicle 40
Division 2A — When person taken to be instructor or in charge of vehicle
32A. Circumstances in which person taken to be instructor or in charge of motor vehicle 41
Division 2 — General obligations
Giving name, address etc. 42
Production of driver’s licence document, learner’s permit 43
Duty to identify offending driver or person in charge of vehicle 44
Duty to take reasonable measures to be able to comply with identity request 46
Other offences 47
Manner of giving directions etc. under this Division 49
Division 3 — Directions to stop, move or leave vehicles
Vehicles and drivers to which this Division applies 49
Direction to stop vehicle: to enable exercise of other powers 50
Direction to move vehicle: to enable exercise of other powers 51
Direction to move vehicle: where danger or obstruction 52
Direction to leave vehicle 52
Manner of giving directions under this Division 53
Directions to be complied with 53
Division 4 — Power to move vehicles
Moving unattended vehicle to exercise Division 5 powers 54
Moving unattended or broken down vehicle where danger or obstruction 55
Moving vehicles parked without authority in certain areas 56
Moving vehicles involved in offence 57
Removal of other unattended vehicles 57
Authorisation of responsible person not required 58
Division 5 — Powers of inspection and search for MDLR compliance purposes
Residential purposes 58
Inspection of vehicles on roads, in public places or certain official premises 59
Search of vehicles on roads, in public places or certain official premises 60
Inspection of premises 62
Search of premises 64
Division 6 — Other directions in relation to MDLR compliance purposes
Direction to produce records, devices or other things 66
Direction to provide information 68
Direction to provide reasonable assistance for powers of inspection and search 70
Provisions relating to running engine 72
Manner of giving directions under this Division 73
Division 6A — Powers of inspection and search for RTA Part 6A compliance purposes
61A. Inspection of premises 74
61B. Search of premises 75
Division 6B — Other directions in relation to RTA Part 6A compliance purposes
61C. Direction to produce records, devices or other things 76
61D. Direction to provide information 78
61E. Direction to provide reasonable assistance for powers of inspection and search 79
61F. Directions under this Division 80
Division 7 — Warrants to enter premises for MDLR compliance purposes or RTA Part 6A compliance purposes
Terms used 81
Warrant, grounds for application 81
Warrant, manner of application 82
Warrant, issue of 84
Warrant, duration and execution of 84
Division 8 — Other provisions regarding inspections and searches for MDLR compliance purposes or RTA Part 6A compliance purposes
Use of assistants and equipment 85
Use of equipment to examine or process things 85
Use or seizure of electronic equipment 86
Division 9 — Other provisions regarding seizure for MDLR compliance purposes or RTA Part 6A compliance purposes
Seized material: receipts, copies, access to originals 87
Embargo notices 88
Division 10 — Miscellaneous
Power to use force against persons to be exercised only by police officers 91
Consent 91
Occupier’s rights 92
Directions may be given under more than one provision 94
Defence of compliance with direction 94
Restoring vehicle or premises to original condition after action taken 94
Providing evidence to other authorities 95
Part 5 — Infringement notices and notices requesting information
Division 1 — Preliminary
Terms used 96
Designating persons as designated departmental officers, issuing officers or withdrawing officers 97
Division 2 — Infringement notices
Subdivision 1 — Infringement notices (alleged offender)
Service of infringement notice on alleged offender 98
Infringement notices for not applying for transfer of vehicle licence 99
Subdivision 2 — Infringement notices (vehicle)
Service of infringement notice on responsible person by leaving notice on vehicle 100
Responsible person presumed to have committed offence in certain circumstances 101
Effect of giving notice under s. 84 104
Subdivision 3 — Infringement notices (visual evidence)
Service of infringement notice on responsible person if there is visual evidence in relation to offence 104
Responsible person presumed to be driver in certain circumstances 105
Effect of giving notice under s. 87 108
Subdivision 4 — Extension infringement notices
Individual may apply for more time to pay modified penalty 108
Service of extension infringement notices 109
Subdivision 5 — General provisions in relation to infringement notices
General requirements for infringement notices 110
Effect of payment of modified penalty 112
Effect of election to have charge for alleged offence heard and determined by court 114
Withdrawal of infringement notices 115
Regulations relating to infringement notices 115
Division 3 — Notices requesting information
Service of notice requesting information 116
Offence of failing to provide information 118
Offence under s. 97(1) is prescribed road law offence 120
Withdrawal of notices requesting information 120
Division 4 — Miscellaneous
Service methods for Part 5 documents 121
Offence to give information known to be false 122
Part 6 — Prosecutions
Division 1 — Commencing prosecutions
Who may commence prosecution 123
When prosecution can be commenced 124
Limitation on period for which previous offences taken into account 124
Production of licences, permits at hearings 124
Division 2 — Evidentiary provisions
Averments etc. in prosecution notices 125
Certificate evidence 128
Proof of authority of warden, vehicle examiner 129
Ascertainment of mass by weighbridge 130
Ascertainment of mass by loadmeter etc. 131
Ascertainment of mass by reference to manufacturer’s specifications 132
Evidence regarding manufacturer’s ratings 132
Proof of appointments and signatures unnecessary 133
Road law offence detection equipment 134
117A. Evidentiary provisions for images or video recorded by speed measuring and recording equipment or visual detection equipment 139
117B. Evidence of average speed as actual speed 142
117C. Average speed detection systems 144
117D. How average speed is to be calculated 144
117E. How average speed limit is to be calculated 145
117F. Evidence of, proceedings for, certain matters related to evidence of average speed 146
117G. Evidentiary provisions for images recorded by average speed detection systems 147
117H. Certificate evidence as to shortest practicable distance 149
117I. Certificate, image copies to be given before proceedings 150
Proof of transport, journey documentation 150
Bodies corporate or employers, conduct on behalf of 151
Burden of proof where load falls off vehicle 152
Division 3 — Sentencing matters
Minimum fines 152
Penalties for bodies corporate 153
Part 7 — Damage to road infrastructure
Terms used 154
Compensation orders for damage to road infrastructure in consequence of MDLR offences 155
Assessment of compensation 155
Service of certificates 156
Limits on amount of compensation 157
Costs 157
Enforcement of compensation order and costs 157
Relationship with orders or awards of other courts and tribunals 158
Liability for damage to road infrastructure 158
Road authority may recover expenses of damage caused by heavy traffic 159
Part 8 — Miscellaneous
Review of decisions under road laws 161
Amendment or revocation of directions or conditions 162
Protection from liability for wrongdoing 162
Protection of people testing or examining or giving certain information 163
Liability of director etc. of body corporate that is owner of vehicle 164
Contracting out prohibited 164
Temporary suspension of road law 165
Confusing lights affecting traffic on roads 165
Closure of roads 168
Liability under other laws 168
143A. Confidentiality of information 169
Regulations 169
Minister’s declarations to apply regulations to areas other than roads etc. 171
Minister’s declarations that specified regulations do not apply to specified persons or vehicles 171
Regulations may refer to published documents 171
146A. Approved forms must be published on website 172
Part 9 — Transitional and consequential provisions
Division 1 — Transitional provisions arising from certain amendments made by the Road Traffic Legislation Amendment Act 2012
Subdivision 1 — Transitional provisions arising from certain amendments made to the Road Traffic Act 1974 by the Road Traffic Legislation Amendment Act 2012
Terms used 173
Application of Interpretation Act 1984 173
Notices by which person nominated as vehicle owner 173
Notices as to corresponding laws about persons responsible for vehicle 174
Delegations and approvals 174
Agreements as to Director General’s functions 174
Use of certain particulars 174
Applications for grant or transfer of vehicle licences 175
Notices and delegations as to temporary suspension of laws 175
Agreements as to expenses for repairing damage to roads caused by heavy traffic 175
Unauthorised parking areas 175
Confusing lights affecting traffic on roads 176
Closure of roads 176
Notices, certificates and delegations as to evidence about measuring equipment 176
Infringement notices 177
Notices requesting information 177
Minister’s declarations to apply regulations to areas other than roads etc. 178
Transitional regulations 178
Subdivision 2 — Transitional provisions arising from amendments made to other written laws by the Road Traffic Legislation Amendment Act 2012
Division 2 — Transitional provisions arising from certain amendments made by the Road Traffic Legislation Amendment Act 2016
Terms used 179
Approval of apparatus for ascertaining vehicle speed 179
Approval of apparatus for ascertaining distances on roads 179
Certain authorised persons to be authorised persons for speed measuring and recording equipment, average speed detection systems 180
Division 3 — Transitional provisions arising from certain amendments made by the Road Traffic Legislation Amendment (Infringement Management Reform) Act 2024
Terms used 180
Infringement notices and notices requesting information served under former Part 5 181
Prosecutions for relevant offences must be commenced within 12 months 181
Authorised persons in relation to speed measuring and recording equipment data 181
Authorised persons in relation to average speed detection system data 182
Notes
Compilation table 183
Defined terms
Western Australia
Road Traffic (Administration) Act 2008
An Act to provide for the administration and enforcement of the Road Traffic Act 1974, the Road Traffic (Authorisation to Drive) Act 2008 and the Road Traffic (Vehicles) Act 2012 and for other matters relating to road traffic.
[Long title amended: No. 8 of 2012 s. 207.]
This is the Road Traffic (Administration) Act 2008.
This Act comes into operation as follows:
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on a day fixed by proclamation.
(1) Each of the road laws binds the Crown in right of the State and, so far as the legislative power of the Parliament of the State permits, the Crown in all its other capacities.
(2) Despite subsection (1), the road laws do not apply to —
(a) a vehicle —
(i) for the personal use of the Governor; and
(ii) the use of which is authorised by the Governor;
or
(b) a person driving or in charge of a vehicle for the personal use of the Governor while carrying out the Governor’s personal directions.
In a road law, unless the contrary intention appears —
Australian driver licence has the meaning given to that term in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1);
Australian driver licensing authority has the meaning given to that term in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1);
Australian police officer means —
(a) a police officer; or
(b) a member of the police force of another jurisdiction;
axle means one or more shafts, positioned in a line across a vehicle, on which one or more wheels intended to support the vehicle turn;
axle group means —
(a) a single axle group, namely a group of at least 2 axles in which the horizontal distance between the centres of the outermost axles is under 1 m; or
(b) a tandem axle group, namely a group of at least 2 axles in which the horizontal distance between the centres of the outermost axles is at least 1 m, but not over 2 m; or
(c) a twinsteer axle group, namely a group of 2 axles —
(i) with single tyres; and
(ii) fitted to a motor vehicle and connected to the same steering mechanism; and
(iii) the horizontal distance between the cen
This is an opening excerpt, not the complete document.