Road Traffic (Administration) Amendment Regulations 2024 (WA)
Western Australia
Road Traffic (Administration) Act 2008
Western Australia
Road Traffic (Administration) Act 2008
Made by the Governor in Executive Council.
These regulations are the
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;
(b) the rest of the regulations — on 7 October 2024.
These regulations amend the
(1) In regulation 3 insert in alphabetical order:
(2) In regulation 3 in the definition of
section delete “Act.” and insert:
Act;
Note: The heading to amended regulation 3 is to read:
(1) In regulation 12(1):
(a) delete “a transport warden can perform”;
(b) delete “Table.” and insert:
Table are functions that can be performed by a warden.
(c) in the Table delete the row relating to the
Road Traffic (Administration) Act 2008 section 52(2)(b) and insert:
Inspect vehicle for defect |
(d) in the Table delete the row relating to the
Road Traffic (Administration) Act 2008 section 79 and insert:
Serve infringement notices (alleged offender) in respect of the prescribed road law offences set out in the Table to regulation 25 |
(2) In regulation 12(3) delete “reference to” and insert:
reference to, or that includes,
(3) Delete regulation 12(4) and insert:
(4) Despite subregulation (2), a transport warden does not have, in relation to a function under the
Road Traffic (Administration) Act 2008 section 52, the powers conferred under section 52(5)(c) or (d) or (6)(b) of that Act on a police officer in relation to the function.
Note: The heading to amended regulation 12 is to read:
(1) In regulation 13(1):
(a) delete “a transport inspection warden can perform”;
(b) delete “Table.” and insert:
Table are functions that can be performed by a warden.
(c) in the Table delete the row relating to the
Road Traffic (Administration) Act 2008 section 79 and insert:
Serve infringement notices (alleged offender) in respect of the prescribed road law offences set out in the Table to regulation 26 |
(2) In regulation 13(3) delete “reference to” and insert:
reference to, or that includes,
(1) In regulation 14(1):
(a) delete “a transport investigation warden can perform”;
(b) delete “Table.” and insert:
Table are functions that can be performed by a warden.
(c) in the Table delete the row relating to the
Road Traffic (Administration) Act 2008 section 79 and insert:
Serve infringement notices (alleged offender) in respect of the prescribed road law offences set out in the Table to regulation 26A |
(2) In regulation 14(3) delete “reference to” and insert:
reference to, or that includes,
After regulation 14 insert:
(1) For section 22, the functions relating to the
Road Traffic (Administration) Act 2008 sections 46 and 49 are functions that can be performed by a warden.(2) For section 24(1)(a), a parking warden has, in relation to a function under a provision of a road law mentioned in subregulation (1), the powers conferred under the provision on a police officer in relation to the function.
(3) For section 24(1)(b), a reference to a police officer in a provision of a road law mentioned in subregulation (1) is to be read as including a parking warden.
In regulation 15:
(a) delete “a transport warden, a transport inspection warden and a transport investigation warden can perform”;
(b) delete “law other than an offence to which section 105(1) applies.” and insert:
law, other than an offence to which section 105(1) applies, is a function that can be performed by a warden.
Note: The heading to amended regulation 15 is to read:
Delete regulation 18.
At the beginning of Part 7 insert:
(1) In regulation 21 delete the passage that begins with “An offence” and ends with “of that Act.” and insert:
(1) An offence under a provision of the
Road Traffic (Administration) Act 2008 set out in the Table to this regulation is an offence in respect of which an infringement notice may be served under Part 5 of the Act.(2) The penalty applicable in relation to the offence if the offence is dealt with by infringement notice is the number of PU set out in the Table opposite the offence.
(2) At the end of regulation 21 insert:
Note for this regulation:
An offence under the
Note: The heading to amended regulation 21 is to read:
Delete regulation 21A and insert:
(1) An offence under the
Road Traffic (Authorisation to Drive) Act 2008 section 7(2) is an offence in respect of which an infringement notice may be served under Part 5 of the Act.(2) The penalty applicable in relation to the offence if the offence is dealt with by infringement notice is 10 PU.
(1) In regulation 22 delete:
(1) An offence under a provision of the
Road Traffic (Vehicles) Act 2012 that is mentioned in the Table is prescribed for section 79 and the number of PU set out in the Table opposite the provision is, for section 79, prescribed to be the amount of the penalty for the offence if dealt with under theRoad Traffic (Administration) Act 2008 Part 5 Division 1.
and insert:
(1) An offence under a provision of the
Road Traffic (Vehicles) Act 2012 set out in the Table to this regulation is an offence in respect of which an infringement notice may be served under Part 5 of the Act.(2) The penalty applicable in relation to the offence if the offence is dealt with by infringement notice is the number of PU set out in the Table opposite the offence.
(2) Delete regulation 22(2).
Note: The heading to amended regulation 22 is to read:
In regulation 23 delete:
(2) An offence under a provision of the
Road Traffic Act 1974 that is mentioned in the Table is prescribed for section 79 and the number of PU set out in the Table opposite the provision is, for section 79, prescribed to be the amount of the penalty for the offence if dealt with under theRoad Traffic (Administration) Act 2008 Part 5 Division 1.
and insert:
(2) An offence under a provision of the
Road Traffic Act 1974 set out in the Table to this regulation is an offence in respect of which an infringement notice may be served under Part 5 of the Act.(3) The penalty applicable in relation to the offence if the offence is dealt with by infringement notice is the number of PU set out in the Table opposite the offence.
Note: The heading to amended regulation 23 is to read:
(1) In regulation 24 delete:
(1) In this regulation —
(a) under a provision mentioned in the Table; and
(b) for which a modified penalty is specified.
and insert:
(1) An offence under a provision of a road law set out in the Table to this regulation is an offence in respect of which an infringement notice may be served under Part 5 of the Act if —
(a) the road law specifies a modified penalty applicable to the offence; and
(b) the offence is not of a kind mentioned in section 95(2)(a) or (b).
(2) The penalty applicable in relation to the offence if the offence is dealt with by infringement notice is the modified penalty that the road law specifies is applicable to the offence.
(2) In regulation 24 in the Table delete “
regulations ”.(3) Delete regulation 24(2) and (3).
Note: The heading to amended regulation 24 is to read:
After regulation 24 insert:
In regulation 25:
(a) delete the passage that begins with “For regulation 12(1)” and ends with “transport warden.” and insert:
For the purposes of regulation 12(1), a prescribed road law offence under a provision of a road law set out in the Table to this regulation is an offence in respect of which an infringement notice (alleged offender) may be served.
(b) in the Table in the row relating to the
Road Traffic (Authorisation to Drive) Regulations 2014 delete “r. 63(b)” and insert:
r. 63
In regulation 26:
(a) delete the passage that begins with “For regulations 13(1)” and ends with “transport investigation warden.” and insert:
For the purposes of regulation 13(1), a prescribed road law offence under a provision of a road law set out in the Table to this regulation is an offence in respect of which an infringement notice (alleged offender) may be served.
(b) in the Table in the row relating to the
Road Traffic (Vehicles) Act 2012 delete “22(1)” and insert:
22
(c) in the Table in the row relating to the
Road Traffic (Authorisation to Drive) Regulations 2014 delete “r. 63(b)” and insert:
r. 63
Note: The heading to amended regulation 26 is to read:
In regulation 26A:
(a) delete the passage that begins with “For regulation 14(1)” and ends with “transport investigation warden.” and insert:
For the purposes of regulation 14(1), a prescribed road law offence under a provision of a road law set out in the Table to this regulation is an offence in respect of which an infringement notice (alleged offender) may be served.
(b) in the Table in the row relating to the
Road Traffic (Administration) Act 2008 delete “s. 61C(4),” and insert:
s. 33(2), 36(2), 44, 47(4), 61C(4),
(c) in the Table after the row relating to the
Road Traffic (Administration) Act 2008 insert:
All the provisions mentioned in the Table to regulation 22 | |
r. 63 |
(d) in the Table after the row relating to the
Road Traffic (Towing of Vehicles) Regulations 2020 insert:
Pts. 2, 3, 4, 5, 7, 8, 10, 11, 12, 13A, 14 and 16 |
After regulation 26A insert:
For the purposes of the definition of
For the purposes of paragraph (a) of the definition of
(1) For the purposes of section 95(4)(a), the number of instalments by which a modified penalty can be paid is —
(a) if the amount of the modified penalty is less than or equal to 8 PU — 4 instalments; or
(b) if the amount of the modified penalty is greater than 8 PU but less than or equal to 20 PU — 6 instalments; or
(c) if the amount of the modified penalty is greater than 20 PU — 10 instalments.
(2) For the purposes of section 95(4)(b), an equal or nearly equal amount is to be paid for each instalment.
(3) For the purposes of section 95(4)(c), an instalment (other than the first instalment) must be paid no later than 28 days after the day on which the previous instalment was required to be paid.
Delete regulations 27 to 29.
After regulation 31 insert:
(1) A term used in this regulation has the same meaning as it has in the
Road Traffic Code 2000 .(2) For the purposes of section 117(2)(d)(i) of the Act —
(a) the acts are the following —
(i) a driver of a vehicle using a mobile phone while the vehicle is moving or is stationary but not parked;
(ii) a vehicle proceeding beyond a stop line when a traffic‑control signal facing the driver of the vehicle displays a circular red signal;
(iii) a vehicle proceeding beyond a stop line and turning in the direction indicated by a red arrow signal displayed by a traffic‑control signal facing the driver of the vehicle;
(iv) driving a vehicle in a red X lane;
(v) driving a vehicle along or into a bus lane or busway;
(vi) stopping a vehicle in a bus lane;
and
(b) the omission is a driver or passenger of a vehicle failing to wear a seatbelt properly adjusted and securely fastened while the vehicle is moving or is stationary but not parked.
24. Parts 11 and 12 inserted
After regulation 35 insert:
(1) Consent to being served Part 5 documents by particular electronic means must be obtained in writing.
(2) If a person consents to being served Part 5 documents by email, a Part 5 document may be served on the person by sending the document to an email address specified by the person as an email address for serving Part 5 documents.
(3) A Part 5 document served by email is taken to have been served on the day on which the email is sent.
(1) A record (other than a Part 5 document) may be given to a person by sending the record to an email address specified by the person as an email address for giving records (other than Part 5 documents) under the Act.
(2) A record (other than a Part 5 document) sent by email is taken to have been given on the day on which the email is sent.
(1) In this regulation —
(2) For section 24(1)(a), an existing warden has, in relation to a function the warden is authorised by the CEO under section 22 to perform, the powers conferred on a police officer in relation to the function under the provision to which the function relates.
(3) For section 24(1)(b), in a provision relating to a function that an existing warden is authorised by the CEO under section 22 to perform a reference to a police officer is to be read as including the warden.
Delete Schedule 2.
K. COLLERAN, Clerk of the Executive Council
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