1Short title
This is the Road Traffic (Administration) Act 2008.
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Bill homepageThis is the Road Traffic (Administration) Act 2008.
This Act comes into operation as follows:
sections 1 and 2 — on the day on which this Act receives the Royal Assent;
the rest of the Act — on a day fixed by proclamation.
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.
Despite subsection (1), the road laws do not apply to —
a vehicle —
for the personal use of the Governor; and
the use of which is authorised by the Governor;
or
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 police officer; or
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 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
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
a twinsteer axle group, namely a group of 2 axles —
with single tyres; and
fitted to a motor vehicle and connected to the same steering mechanism; and
the horizontal distance between the centres of which is at least 1 m, but not over 2 m;
or
a tri‑axle group, namely a group of at least 3 axles in which the horizontal distance between the centres of the outermost axles is over 2 m, but not over 3.2 m; or
a quad‑axle group, namely a group of 4 axles in which the horizontal distance between the centres of the outermost axles is over 3.2 m, but not over 4.9 m;
bodily harm has the meaning given to that term in The Criminal Code section 1(1);
business address, in relation to an individual, means the place from which that person normally works or carries on business;
CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of this Act;
co‑driver has the meaning given to that term in section 28;
Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;
condition includes a limitation or restriction;
corresponding, in relation to the law of another jurisdiction and a law of this State, includes —
a law of the other jurisdiction that substantially corresponds to the law of this State; and
a law of the other jurisdiction that is declared under the regulations to be a law corresponding to the law of this State, whether or not the law corresponds, or substantially corresponds, to the law of this State;
corresponding authority means —
a person whose functions under the law of another jurisdiction correspond or substantially correspond to any function of the CEO under a road law; or
a person prescribed by the regulations as the corresponding authority for another jurisdiction for the purposes of a road law;
demerit points information means information contained in the demerit points register;
demerit points register has the meaning given to that term in the Road Traffic (Authorisation to Drive) Act 2008 section 40;
disclose includes to provide, to release and to give access to;
district means a district under the Local Government Act 1995;
drive includes —
in relation to a vehicle, to have control over the steering, movement or propulsion of the vehicle;
in relation to an animal, to be in control of the animal,
regardless of whether the vehicle or animal is usually referred to as being ridden rather than driven;
driver means any person driving a vehicle or animal;
driver’s licence has the meaning given to that term in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1);
driver’s licence information means information about driver’s licences including —
details of the persons who have made applications for or in relation to those licences; and
details of the persons who hold or have held those licences; and
information contained in the driver’s licence register,
but not including photographs and signatures provided to the CEO under the Road Traffic (Authorisation to Drive) Act 2008 Part 2;
driver’s licence register means the register mentioned in the Road Traffic (Authorisation to Drive) Act 2008 section 4(1)(a)(ii);
DVO has the meaning given in the Domestic Violence Orders (National Recognition) Act 2017 section 4(1);
electronic means includes —
an electronic database or document system; and
any other means by which a document can be accessed electronically;
equipment, in relation to a vehicle, has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);
extension infringement notice has the meaning given in section 90(1);
extract from a record, device or other thing means a copy of any information contained in the record, device or other thing;
Family Court injunction means an injunction under the Family Court Act 1997 section 235 or 235A or the Family Law Act 1975 (Commonwealth) section 68B or 114;
family violence has the meaning given in the Restraining Orders Act 1997 section 5A;
family violence evidentiary document, in relation to an individual, means any of the following —
a DVO in relation to the individual;
a Family Court injunction or an application for a Family Court injunction in relation to the individual;
a copy of a prosecution notice or indictment containing a charge relating to violence against the individual or a court record of a conviction of the charge;
a report of family violence, in a form approved by the Minister, completed by a person who has worked with the individual and is 1 of the following —
a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession;
a person registered under the Health Practitioner Regulation National Law (Western Australia) in the psychology profession;
a social worker as defined in the Mental Health Act 2014 section 4;
a police officer;
a person in charge of a women’s refuge;
a prescribed person or class of persons;
GCM has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);
GVM has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);
heavy vehicle has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);
home address —
in the case of an individual, means the person’s residential address or place of abode in Australia; or
in the case of a body corporate that has a registered office in Australia, means the address of the registered office; or
in any other case, means the address of the person’s principal or only place of business in Australia;
incident information means —
information provided in relation to an incident reported under the Road Traffic Act 1974 section 56(1) or (4); and
details of any evidence, statement, report or other information obtained as a result of any investigation made into the incident; and
a copy of a statement or a report produced as a result of any investigation made into the incident;
infringement notice means any of the following —
an infringement notice (alleged offender);
an infringement notice (vehicle);
an infringement notice (visual evidence);
an extension infringement notice;
infringement notice (alleged offender) has the meaning given in section 81(1);
infringement notice (vehicle) has the meaning given in section 83(2);
infringement notice (visual evidence) has the meaning given in section 86(2);
initial infringement notice means any of the following —
an infringement notice (alleged offender);
an infringement notice (vehicle);
an infringement notice (visual evidence);
inspection station has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 70;
instructor information means information about licences and permits under the Motor Vehicle Drivers Instructors Act 1963 including —
details of the persons who have made applications for or in relation to those licences and permits; and
details of the persons who hold or have held those licences and permits;
involved person has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);
journey documentation has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);
jurisdiction means —
the Commonwealth; or
a State; or
an internal Territory, as defined in the Acts Interpretation Act 1901 of the Commonwealth;
learner’s permit has the meaning given to that term in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1);
light vehicle has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);
load, when used as a noun in relation to a vehicle, has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);
MDLR compliance purposes has the meaning given to that term in section 28;
MDLR offence has the meaning given to that term in section 28;
motor vehicle —
in relation to authorisation to drive, means a vehicle that is built to be propelled by a motor that forms part of the vehicle;
otherwise, means a self‑propelled vehicle that is not operated on rails and —
includes a trailer, semi‑trailer or caravan while attached to the vehicle; but
does not include a power assisted pedal cycle;
occupier of premises includes any person who appears to have the control or management of the place;
optional plates information means information about optional number plates to which regulations mentioned in the Road Traffic (Vehicles) Act 2012 section 136 apply including —
details of the person who have the right to use those number plates; and
details of the persons to whom those number plates have been supplied;
owner, in relation to a vehicle, has the meaning given to that term in section 5;
notice requesting information has the meaning given in section 96(2);
Part 5 document means —
an infringement notice, other than an infringement notice (vehicle); or
a notice requesting information; or
a notice served under section 94(1) or 99;
passenger, in relation to a vehicle, has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);
permit information means information about learner’s permits or permits under the Road Traffic (Vehicles) Act 2012 section 13 including —
details of the persons who have made applications for or in relation to those permits; and
details of the persons who hold or have held those permits,
but not including photographs and signatures provided to the CEO under the Road Traffic (Authorisation to Drive) Act 2008 Part 2;
photograph includes an electronic record of a photograph;
power assisted pedal cycle means a vehicle —
designed to be propelled through a mechanism operated solely by human power; and
to which is attached one or more auxiliary propulsion motors having a combined maximum output not exceeding the amount of power prescribed for the purposes of this definition;
premises includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place;
public authority means —
a Minister of the State; or
a department of the Public Service; or
a local government, regional local government or regional subsidiary; or
a body, whether incorporated or not, or the holder of an office, being a body or office that is established for a public purpose under a written law and that, under the authority of a written law, performs a function on behalf of the State;
public safety has the meaning given to that term in section 28;
records means any documents, documentation or records, whether in paper, electronic or any other form;
responsible person, for a vehicle, means a person responsible for the vehicle under section 6;
road means any highway, road or street open to, or used by, the public and includes every carriageway, footway, reservation, median strip and traffic island on it;
road infrastructure has the meaning given to that term in section 123;
road law means any of the following enactments —
this Act;
the Road Traffic Act 1974;
the Road Traffic (Authorisation to Drive) Act 2008;
the Road Traffic (Vehicles) Act 2012;
road transport has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);
RTA Part 6A compliance purposes has the meaning given in section 28;
signature includes an electronic record of a signature;
traffic includes vehicular traffic, pedestrian traffic and all other forms of road traffic;
transport documentation has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1);
use, in relation to the use of a vehicle on a road, includes the drawing or propelling, in any manner, of a vehicle on a road;
vehicle includes —
every conveyance, not being a train, vessel or aircraft, and every object capable of being propelled or drawn, on wheels or tracks, by any means; and
where the context permits, an animal being driven or ridden;
vehicle licence means a vehicle licence granted under the Road Traffic (Vehicles) Act 2012;
vehicle licence information means information about vehicle licences including —
details of the persons who have made applications for or in relation to those licences; and
details of the persons who hold or have held those licences; and
information contained in the register of vehicle licences mentioned in the Road Traffic (Vehicles) Act 2012 section 14;
warden means a person who is authorised under section 22 or 23 to perform a function that can be performed by a warden.
[Section 4 amended: No. 18 of 2011 s. 17; No. 8 of 2012 s. 208 and 232; No. 26 of 2016 s. 89; No. 38 of 2020 s. 7; No. 30 of 2020 s. 86; No. 8 of 2022 s. 4; No. 15 of 2024 s. 4.]
In a road law —
owner, in relation to a vehicle, means —
the person who is entitled to the immediate possession of the vehicle; or
if there are several persons entitled to its immediate possession, the person whose entitlement is paramount,
but if one of 2 or more persons fitting that description has been nominated for the purposes of subsection (2) it means only the person nominated.
If a vehicle is owned by more than one person and one of those persons is nominated by all such persons, by notice in writing given to the CEO, then for the purposes of a road law, the nominated person is to be taken to be the owner of the vehicle.
In this section —
licence holder, in relation to a vehicle, means a person in whose name the vehicle is licensed;
licensed, in relation to a vehicle, means licensed under the Road Traffic (Vehicles) Act 2012, registered under the Control of Vehicles (Off‑road Areas) Act 1978 or licensed or registered under a law of another jurisdiction corresponding to either of those Acts.
For the purposes of a road law a person responsible for a vehicle is —
if the vehicle is licensed — any licence holder who has not given a notice as described in paragraph (b); or
if a licence holder has given notice under the Road Traffic (Vehicles) Act 2012 section 10(1), or a law of another jurisdiction corresponding to that provision, of a change in ownership of the vehicle and subsection (3) does not apply — the new owner as specified in the notice or, if more than one is specified, each of them; or
if the vehicle is not licensed but was previously licensed and subsection (3) does not apply — a person responsible under paragraph (a) or (b) before the vehicle last ceased to be licensed; or
in any other case —
the person who is entitled to the immediate possession of the vehicle; or
if there are several persons entitled to its immediate possession, the person whose entitlement is paramount.
Despite subsection (2), a person is not responsible for a vehicle under subsection (2)(b), if it can be shown that the person did not agree to becoming an owner of the vehicle and has notified the CEO in writing accordingly or has given a notice to a similar effect to a corresponding authority.
[Section 6 amended: No. 8 of 2012 s. 232; No. 15 of 2024 s. 5.]
In provisions of a road law dealing with penalties for offences —
these abbreviations are used —
Disq for minimum period of disqualification;
Max for maximum fine;
Min for minimum fine;
PU for penalty unit or penalty units;
and
a reference to a number of PU is a reference to an amount (in dollars) that is that number multiplied by 50.
The CEO may delegate to a person any power or duty of the CEO under another provision of a road law.
The delegation must be in writing signed by the CEO.
If a person is not employed in the department of the Public Service principally assisting in the administration of this Act, a power or duty can only be delegated to the person under this section if the person has been approved by the Minister for the purposes of this section.
An approval under subsection (3) may be given in respect of —
a specified person or persons of a specified class; or
the holder or holders for the time being of a specified office or class of office.
Despite subsection (3), the CEO may delegate to the Commissioner of Main Roads the power to give specific or standing instructions requiring the moving of vehicles for the purposes of the Road Traffic (Vehicles) Act 2012 section 64(1)(b) or 65(1)(b).
A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
A person exercising or performing a power or duty that has been delegated to the person under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
Nothing in this section limits the ability of the CEO to perform a function through an officer or agent.
[Section 8 amended: No. 8 of 2012 s. 209.]
The Commissioner of Police may delegate to —
a specified police officer; or
a police officer of a specified class; or
a person who is employed in the department of the Public Service principally assisting in the administration of the Police Act 1892,
any power or duty of the Commissioner under another provision of a road law.
The delegation must be in writing signed by the Commissioner of Police.
A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
A person exercising or performing a power or duty that has been delegated to the person under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
Nothing in this section limits the ability of the Commissioner of Police to perform a function through an officer or agent.
The Commissioner of Main Roads may delegate to a person appointed under the Main Roads Act 1930 section 10(1) to be an officer of the Commissioner or to a police officer a power or duty of the Commissioner under the Road Traffic (Vehicles) Act 2012 Part 4, including any regulation made under or for the purposes of that Part.
The delegation must be in writing signed by the Commissioner of Main Roads.
A person to whom a power or duty is delegated under this section cannot delegate that power or duty.
A person exercising or performing a power or duty that has been delegated to the person under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
Nothing in this section limits the ability of the Commissioner of Main Roads to perform a function through an officer or agent.
[Section 10 amended: No. 8 of 2012 s. 232.]
The CEO may enter into an agreement providing for the CEO’s functions under a road law that are described in the agreement to be performed on behalf of the CEO.
The agreement may be with the Commissioner of Police, a local government, or any other person or body, whether or not the person or body has itself functions of a public nature.
A function described in the agreement may be performed —
in accordance with the agreement; and
on and subject to terms and conditions in the agreement.
If the performance of a function is dependent upon the opinion, belief, or state of mind of the CEO it may be performed under the agreement upon the opinion, belief, or state of mind of the body or person with whom the agreement is made or another person provided for in the agreement.
The CEO may disclose the following to the body or person with whom the agreement is made if the CEO considers that the disclosure is required for the purposes of performing a function under the agreement —
driver’s licence information;
permit information;
vehicle licence information;
optional plates information;
information obtained by the CEO under the Road Traffic Act 1974 Part 6A;
demerit points information;
instructor information;
photographs and signatures provided to the CEO under the Road Traffic (Authorisation to Drive) Act 2008 Part 2.
For the purposes of this Act or any other written law, an act or thing done by, to, by reference to, or in relation to, a body or person in connection with the performance by that body or person under the agreement of a function of the CEO is as effectual as if it had been done by, to, by reference to or in relation to, the CEO.
[Section 11 amended: No. 18 of 2011 s. 18; No. 8 of 2012 s. 210; No. 38 of 2020 s. 8; No. 8 of 2022 s. 5.]
In this section —
offence information means details of —
any offence of which a person has been convicted whether within the State or elsewhere and whether relating to a road traffic matter or any other matter; and
any penalty, suspension, cancellation or disqualification arising from any such conviction; and
the instances in which a person has paid a penalty under an infringement notice;
relevant authorisation means —
a driver’s licence; or
a vehicle licence; or
a learner’s permit; or
a permit under the Road Traffic (Vehicles) Act 2012 section 13; or
a licence or permit under the Motor Vehicle Drivers Instructors Act 1963.
The CEO must disclose the following information to the Commissioner of Police —
driver’s licence information;
permit information;
vehicle licence information;
optional plates information;
demerit points information;
instructor information;
information obtained by the CEO under the Road Traffic Act 1974 Part 6A;
information obtained from a relevant authority under section 13A.
Information disclosed under subsection (2) —
may be used in the performance of the Commissioner of Police’s functions, whether under a road law or otherwise, but not for any other purpose; and
may be disclosed by the Commissioner of Police to an officer, department or instrumentality of this State, another State, a Territory, the Commonwealth or another country for use in the performance of the functions of that officer, department or instrumentality but not for any other purpose.
The Commissioner of Police must disclose the following information to the CEO —
incident information about a person who has applied for, holds or has held a relevant authorisation;
offence information about a person who has applied for, holds or has held a relevant authorisation;
information about the impounding or confiscation of vehicles under the Road Traffic Act 1974 Part V Division 4;
information of a class prescribed by the regulations for the purposes of this subsection.
Information disclosed under subsection (4) may be used in the performance of the CEO’s functions under a road law, the Towing Services Act 2024, the Transport (Road Passenger Services) Act 2018 or the Motor Vehicle Drivers Instructors Act 1963 but not for any other purpose.
The disclosure of information under subsection (2) or (4) is to be free of charge.
[Section 12 inserted: No. 18 of 2011 s. 19; amended: No. 8 of 2012 s. 211; No. 25 of 2016 s. 14; No. 26 of 2018 s. 314; No. 38 of 2020 s. 9; No. 15 of 2024 s. 6; No. 37 of 2024 s. 171.]
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