Traffic Law

The Road Traffic Act 1974 and its subsidiary legislation the Road Traffic Code 2000 are the main pieces of Traffic Law in Western Australia. These rules and regulations were created to improve road safety. Penalties for many traffic infringement are also included in the Road Traffic Code 2000.

The Road Traffic Act 1974 provides provisions and penalties for dangerous driving in Western Australia. Charges pursuant to the Road Traffic Act 1974 and or its subsidiary legislation may deprive you of your right to drive. Extraordinary Driver’s Licence (‘EDL’) 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 exceeding the speed limit and can be as severe as driving dangerously causing bodily harm or even death. Under the law, traffic infringements are usually issued to the registered vehicle owner for privately-owned vehicles, and for company-owned vehicles they are issued to the authorized representative for business-owned vehicles.

In some cases, the owner does not always have to be 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 to 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 or above 155km/h would be considered in most instances dangerous driving.

You can also be charged with reckless driving or  dangerous driving for what is most commonly referred to as “hoon driving.” These can include doing ‘burnouts’, road rage as well as street racing.

The Road Traffic Act 1974 governs dangerous, and reckless driving and stipulates penalties for dangerous, and reckless driving offences. This may include disqualification of your driver’s license and in some cases can lead to imprisonment. A lifetime disqualification of the eligibility to hold a driver’s license is a possible sentence for repeat offenders.

Reckless Driving Penalties

Pursuant to the Road Traffic Act 1974 the penalties for the first offence can be a  licence disqualification, a fine and or even imprisonment. These penalties increase for your Second Offence and increase further for your Third Offence.

Worried about the likely penalty? Ready to speak to a traffic lawyer for legal advice? Call one of our expert lawyers on (08) 6323 8613 

Or our 24/7 hotline (08) 6323 8697

Dangerous Driving Penalties

Pursuant to the Road Traffic Act 1974 the penalties for the first offence can be a  licence disqualification, a fine and or even imprisonment. These penalties increase for your Second Offence and increase further for your Third Offence.

Mandatory imprisonment can be a possible penalty if you were involved in a Police Pursuit.

Worried about the likely penalty? Ready to speak to a traffic lawyer for legal advice? Call one of our expert lawyers on (08) 6323 8613 

Or our 24/7 hotline (08) 6323 8697

Drink Driving

You will be considered to be driving under the influence of alcohol if you have a Blood Alcohol Content (“BAC”) being more than 0.05 grams of alcohol per 100ml of blood or above. Zero BAC limits could be 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 and include fines, demerit points, or suspension of your drivers licence and increase gradually depending on the circumstances including your BAC.

Driving Without Licence

Driving without licence in Western Australia will most likely result in an automatic impounding of your vehicle.

Extraordinary Drivers Licence

EDL licences can be applied at the Magistrates Court if a person had their motor driver’s licence canceled. However, the grant of Extraordinary Driver Licences is at the discretion of the court. To know more details or get help in getting Extraordinary Driver Licences or get representation for traffic or dangerous driving offence, contact Kean Legal Barristers & Solicitors.

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