Traffic Offences, Dangerous Driving & Extraordinary Drivers Licence

Most traffic rules are governed by the WA Road Traffic Code 2000 in Western Australia. Such rules were created to improve road safety. Penalties for each specific traffic law infringement are also included in this code.

The Road Traffic Act 1974 provides provisions and penalties for dangerous driving in Australia. Such charges when repetitively committed may deprive you of your liberty to drive. EDL Licence applications, meanwhile, allows you to regain your right to drive under circumstances stipulated under what the law provides.

Traffic Offences

Traffic offences can be as simple as over speeding and can be as severe as dangerous driving. Under the law. Traffic infringements are usually issued to the registered vehicle owner for privately-owned vehicles. The same are also issued to the authorized representative for business-owned vehicles.

In some cases, the owner does not always have to be the responsible for a traffic infringement. Failure to submit or nominate details of the person or driver in charge during the traffic infringement after 28 days from the issue of the Infringement Notice will automatically nominate the owner of the vehicle as the liable person. He or she will pay the fine and incur demerit points for the infringement.

Business-owned vehicles are issued with a Notice Requesting Information or NRI for traffic infringements.

Dangerous Driving

Dangerous driving is driving above the allowed speed limit in a manner that is dangerous to any person, property or circumstances. Speeding more than 45km/h for four-wheeled vehicles or above and driving a motor vehicle above 155km/h falls under dangerous driving.

Reckless driving also falls under dangerous driving and is most commonly referred to as “hoon driving.” These include burnouts, road rage as well as street driving.

The Road Traffic Act 1974 governs dangerous driving and stipulates harsh penalties for reckless driving offences. This may include disqualification of your driver’s license and in some cases can lead to imprisonment. A lifetime disqualification of a driver license is sentences for those convicted thrice with the offence.

Reckless Driving Penalties

First Offence: licence disqualification for at least 6 months, maximum fine of $6,000 or imprisonment for no longer than 9 months.

Second Offence: licence disqualification for at least 12 months, maximum fine of $9,000 or imprisonment for no longer than 9 months.

Third Offence: permanent disqualification of drivers licence, maximum fine of $12,000 or imprisonment for no longer than 12 months.

Dangerous Driving Penalties

First Offence: maximum fine of $3,000

Subsequent Offences: licence disqualification for at least 12 months, maximum fine of $6,000 or imprisonment for no longer than 9 months.

Mandatory imprisonment is implemented for circumstances such as follows:

Failure to stop during police pursuit – maximum 5 years imprisonment if dealt with the District Court or maximum of 2 years if dealt in the Magistrates Court.

Reckless driving to escape police pursuit – mandatory statutory of 6 months imprisonment plus driver licence disqualification for first and second time offenders. Subsequent offence will result to a lifetime ban on holding or obtaining a licence.

Dangerous driving to escape police pursuit – maximum fine of $36,000 or 3 years imprisonment plus a minimum licence disqualification of 2 years.

Drink Driving

Driving under the influence of alcohol under a 0.05 BAC or above is considered illegal. Zero limit is imposed for the following:

  • New drivers
  • Taxi Drivers
  • Bus Drivers
  • EDL Holders
  • Small Charter Vehicle Drivers
  • Vehicles carrying dangerous goods,
  • Vehicles carrying over 22.5 tons in weight

Drink driving penalties are governed by the Road Traffic Act 1974. Fines or blood alcohol content beyond 0.05 starts from $400 plus court penalties of $500 as minimum. Demerit points starts from 3 and increases gradually depending on the amount of BAC.

Driving Without Licence

Driving without licence in Western Australia will result to an automatic impounding of your vehicle and will last up to 28 days. Offences under driving without licence also include:

  • Director General suspended or refuses to renew a person’s driver licence
  • Licence is cancelled
  • Directo General refuses to issie a person a driver licence
  • The Court imposes disqualification
  • A person has an excessive amount of demerit points

Extraordinary Drivers Licence

EDL licences can be applied at the Magistrates Court if a person had their motor driver’s licence cancelled. However, the grant of Extraordinary Driver Licences is at the discretion of the court.

You can apply for an EDL licence after being disqualified for 4 months and 21 days minimum. Approved EDL licences comes with a set of conditions and is valid for a year starting on the date on which it is granted by the court.

Granting Extraordinary Driver Licences depends on the following criteria:

  • Safety of the public
  • Character of the applicant
  • Circumstances of the licence cancellation
  • Nature of the offence or offences that lead to the disqualification
  • Subsequent disqualification

The following factors should also be satisfied:

  • It shall not deprive the applicant to a means of obtaining urgent medical treatment for a disability, illness or disease suffered by the applicant or their family members
  • Will place the applicant or his family with financial burdens or means of obtaining an income
  • Deprive the applicant and his family the only means of travelling to and from the applicant’s place of employment

To know more details or get help in getting Extraordinary Driver Licences or get a representation for traffic or dangerous driving offence, contact Kean Legal Barristers & Solicitors.

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