Road Traffic (Administration) Act 2008 (WA)

Western Australia Road Traffic (Administration) Act 2008 Western Australia Road Traffic (Administration) Act 2008 Contents Part 1 — Preliminary Division 1 — General 1. Short title 1 2. Commencement 1 3. Crown bound 1 Division 2 — Terms used in road laws 4. Terms used in road laws 1 5. Owner of vehicle 1 6. Person responsible for vehicle 1 7. Abbreviations 1 Part 2 — Administration — general matters 8. Delegation of CEO's functions 1 9. Delegation of functions of Commissioner of Police 1 10. Delegation of functions of Commissioner of Main Roads 1 11. Agreements for performance of functions 1 12. Exchange of information between CEO and Commissioner of Police 1 13A. Exchange of information between CEO and other authorities 1 13B. Disclosure of information to Commissioner of Main Roads 1 13C. Disclosure of information in compliance with request under Fines, Penalties and Infringement Notices Enforcement Act 1994 1 13D. Disclosure of incident information to ICWA 1 13E. Disclosure of abridged incident information to involved persons 1 13. Disclosure of information to corresponding authorities 1 14. Disclosure of information to prescribed persons 1 15. Disclosure of information for road safety purposes 1 16A. Disclosure of information for purposes of Personal Property Securities Act 2009 (Commonwealth) 1 16B. Disclosure of information with consent 1 16C. Disclosure by means of automated system 1 16. Information about new motor vehicles 1 17. Reciprocal powers of officers 1 18. Effect of directions etc., administrative actions of other jurisdictions 1 19. Effect of court orders of other jurisdictions 1 20. Funds to which charges and fees credited 1 Part 3 — Wardens and police officers 21. Terms used 1 22. CEO may authorise persons to perform certain warden functions 1 23. Commissioner of Police may authorise persons to perform certain warden functions 1 24. Powers of wardens 1 25. Identification cards 1 26. Production of identification 1 27. Return of identification cards 1 Part 4 — Enforcement of road laws Division 1 — Terms used in this Part 28. Terms used 1 29. Qualified, fit or authorised to drive or run engine 1 30. Unattended vehicle 1 31. Broken down vehicle 1 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 1 Division 2 — General obligations 32. Giving name, address etc. 1 33. Production of driver's licence document, learner's permit 1 34. Duty to identify offending driver or person in charge of vehicle 1 35. Duty to take reasonable measures to be able to comply with identity request 1 36. Other offences 1 37. Manner of giving directions etc. under this Division 1 Division 3 — Directions to stop, move or leave vehicles 38. Vehicles and drivers to which this Division applies 1 39. Direction to stop vehicle: to enable exercise of other powers 1 40. Direction to move vehicle: to enable exercise of other powers 1 41. Direction to move vehicle: where danger or obstruction 1 42. Direction to leave vehicle 1 43. Manner of giving directions under this Division 1 44. Directions to be complied with 1 Division 4 — Power to move vehicles 45. Moving unattended vehicle to exercise Division 5 powers 1 46. Moving unattended or broken down vehicle where danger or obstruction 1 47. Moving vehicles parked without authority in certain areas 1 48. Moving vehicles involved in offence 1 49. Removal of other unattended vehicles 1 50. Authorisation of responsible person not required 1 Division 5 — Powers of inspection and search for MDLR compliance purposes 51. Residential purposes 1 52. Inspection of vehicles on roads, in public places or certain official premises 1 53. Search of vehicles on roads, in public places or certain official premises 1 54. Inspection of premises 1 55. Search of premises 1 Division 6 — Other directions in relation to MDLR compliance purposes 56. Direction to produce records, devices or other things 1 57. Direction to provide information 1 58. Direction to provide reasonable assistance for powers of inspection and search 1 59. Provisions relating to running engine 1 60. Manner of giving directions under this Division 1 Division 6A — Powers of inspection and search for RTA Part 6A compliance purposes 61A. Inspection of premises 1 61B. Search of premises 1 Division 6B — Other directions in relation to RTA Part 6A compliance purposes 61C. Direction to produce records, devices or other things 1 61D. Direction to provide information 1 61E. Direction to provide reasonable assistance for powers of inspection and search 1 61F. Directions under this Division 1 Division 7 — Warrants to enter premises for MDLR compliance purposes or RTA Part 6A compliance purposes 62. Terms used 1 63. Warrant, grounds for application 1 64. Warrant, manner of application 1 65. Warrant, issue of 1 66. Warrant, duration and execution of 1 Division 8 — Other provisions regarding inspections and searches for MDLR compliance purposes or RTA Part 6A compliance purposes 67. Use of assistants and equipment 1 68. Use of equipment to examine or process things 1 69. Use or seizure of electronic equipment 1 Division 9 — Other provisions regarding seizure for MDLR compliance purposes or RTA Part 6A compliance purposes 70. Seized material: receipts, copies, access to originals 1 71. Embargo notices 1 Division 10 — Miscellaneous 72. Power to use force against persons to be exercised only by police officers 1 73. Consent 1 74. Occupier's rights 1 75. Directions may be given under more than one provision 1 76. Defence of compliance with direction 1 77. Restoring vehicle or premises to original condition after action taken 1 78. Providing evidence to other authorities 1 Part 5 — Infringement notices and notices requesting information Division 1 — Preliminary 79. Terms used 1 80. Designating persons as designated departmental officers, issuing officers or withdrawing officers 1 Division 2 — Infringement notices Subdivision 1 — Infringement notices (alleged offender) 81. Service of infringement notice on alleged offender 1 82. Infringement notices for not applying for transfer of vehicle licence 1 Subdivision 2 — Infringement notices (vehicle) 83. Service of infringement notice on responsible person by leaving notice on vehicle 1 84. Responsible person presumed to have committed offence in certain circumstances 1 85. Effect of giving notice under s. 84 1 Subdivision 3 — Infringement notices (visual evidence) 86. Service of infringement notice on responsible person if there is visual evidence in relation to offence 1 87. Responsible person presumed to be driver in certain circumstances 1 88. Effect of giving notice under s. 87 1 Subdivision 4 — Extension infringement notices 89. Individual may apply for more time to pay modified penalty 1 90. Service of extension infringement notices 1 Subdivision 5 — General provisions in relation to infringement notices 91. General requirements for infringement notices 1 92. Effect of payment of modified penalty 1 93. Effect of election to have charge for alleged offence heard and determined by court 1 94. Withdrawal of infringement notices 1 95. Regulations relating to infringement notices 1 Division 3 — Notices requesting information 96. Service of notice requesting information 1 97. Offence of failing to provide information 1 98. Offence under s. 97(1) is prescribed road law offence 1 99. Withdrawal of notices requesting information 1 Division 4 — Miscellaneous 100. Service methods for Part 5 documents 1 101. Offence to give information known to be false 1 Part 6 — Prosecutions Division 1 — Commencing prosecutions 105. Who may commence prosecution 1 106. When prosecution can be commenced 1 107. Limitation on period for which previous offences taken into account 1 108. Production of licences, permits at hearings 1 Division 2 — Evidentiary provisions 109. Averments etc. in prosecution notices 1 110. Certificate evidence 1 111. Proof of authority of warden, vehicle examiner 1 112. Ascertainment of mass by weighbridge 1 113. Ascertainment of mass by loadmeter etc. 1 114. Ascertainment of mass by reference to manufacturer's specifications 1 115. Evidence regarding manufacturer's ratings 1 116. Proof of appointments and signatures unnecessary 1 117. Road law offence detection equipment 1 117A. Evidentiary provisions for images or video recorded by speed measuring and recording equipment or visual detection equipment 1 117B. Evidence of average speed as actual speed 1 117C. Average speed detection systems 1 117D. How average speed is to be calculated 1 117E. How average speed limit is to be calculated 1 117F. Evidence of, proceedings for, certain matters related to evidence of average speed 1 117G. Evidentiary provisions for images recorded by average speed detection systems 1 117H. Certificate evidence as to shortest practicable distance 1 117I. Certificate, image copies to be given before proceedings 1 118. Proof of transport, journey documentation 1 119. Bodies corporate or employers, conduct on behalf of 1 120. Burden of proof where load falls off vehicle 1 Division 3 — Sentencing matters 121. Minimum fines 1 122. Penalties for bodies corporate 1 Part 7 — Damage to road infrastructure 123. Terms used 1 124. Compensation orders for damage to road infrastructure in consequence of MDLR offences 1 125. Assessment of compensation 1 126. Service of certificates 1 127. Limits on amount of compensation 1 128. Costs 1 129. Enforcement of compensation order and costs 1 130. Relationship with orders or awards of other courts and tribunals 1 131. Liability for damage to road infrastructure 1 132. Road authority may recover expenses of damage caused by heavy traffic 1 Part 8 — Miscellaneous 133. Review of decisions under road laws 1 134. Amendment or revocation of directions or conditions 1 135. Protection from liability for wrongdoing 1 136. Protection of people testing or examining or giving certain information 1 137. Liability of director etc. of body corporate that is owner of vehicle 1 138. Contracting out prohibited 1 139. Temporary suspension of road law 1 140. Confusing lights affecting traffic on roads 1 141. Closure of roads 1 142. Liability under other laws 1 143A. Confidentiality of information 1 143. Regulations 1 144. Minister's declarations to apply regulations to areas other than roads etc. 1 145. Minister's declarations that specified regulations do not apply to specified persons or vehicles 1 146. Regulations may refer to published documents 1 146A. Approved forms must be published on website 1 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 147. Terms used 1 148. Application of Interpretation Act 1984 1 149. Notices by which person nominated as vehicle owner 1 150. Notices as to corresponding laws about persons responsible for vehicle 1 151. Delegations and approvals 1 152. Agreements as to Director General's functions 1 153. Use of certain particulars 1 154. Applications for grant or transfer of vehicle licences 1 155. Notices and delegations as to temporary suspension of laws 1 156. Agreements as to expenses for repairing damage to roads caused by heavy traffic 1 157. Unauthorised parking areas 1 158. Confusing lights affecting traffic on roads 1 159. Closure of roads 1 160. Notices, certificates and delegations as to evidence about measuring equipment 1 161. Infringement notices 1 162. Notices requesting information 1 163. Minister's declarations to apply regulations to areas other than roads etc. 1 164. Transitional regulations 1 Subdivision 2 — Transitional provisions arising from amendments made to other written laws by the Road Traffic Legislation Amendment Act 2012 165. Transitional regulations for laws other than road laws 1 Division 2 — Transitional provisions arising from certain amendments made by the Road Traffic Legislation Amendment Act 2016 166. Terms used 1 167. Approval of apparatus for ascertaining vehicle speed 1 168. Approval of apparatus for ascertaining distances on roads 1 169. Certain authorised persons to be authorised persons for speed measuring and recording equipment, average speed detection systems 1 Division 3 — Transitional provisions arising from certain amendments made by the Road Traffic Legislation Amendment (Infringement Management Reform) Act 2024 170. Terms used 1 171. Infringement notices and notices requesting information served under former Part 5 1 172. Prosecutions for relevant offences must be commenced within 12 months 1 173. Authorised persons in relation to speed measuring and recording equipment data 1 174. Authorised persons in relation to average speed detection system data 1 Notes Compilation table 1 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.]