Road Traffic (Administration) Regulations 2014 (WA)
Western Australia
Road Traffic (Administration) Act 2008
Western Australia
Road Traffic (Administration) Act 2008
These regulations are the
These regulations come into operation on the day fixed under the
In these regulations, unless the contrary intention appears —
(1) In this regulation —
(2) For the definition of
power assisted pedal cycle in section 4, the amount of power is —(a) for a pedalec — 250 W; and
(b) for any other kind of power assisted pedal cycle — 200 W.
Part 3 – Information
For section 12(4)(d), the information is —
[(a) deleted] (b) the details of a charge for any offence, whether relating to a road traffic matter or any other matter, against a person who has applied for or holds a licence or permit under the
Motor Vehicle Drivers Instructors Act 1963 .
For paragraph (d) of the definition of
(1) In this regulation —
(2) For the definition of
prescribed person in section 14(1), the persons, and classes of person, are —(a) the Chairperson of ASIC, as defined in the
Australian Securities and Investments Commission Act 2001 (Commonwealth) section 5(1), or a staff member, as defined in that subsection, nominated by the Chairperson to the CEO;(aa) the Commissioner, as defined in the
Australian Federal Police Act 1979 (Commonwealth) section 4(1), or an AFP employee, as defined in that section, nominated by the Commissioner to the CEO;(ab) the Australian Border Force Commissioner, appointed under the
Australian Border Force Act 2015 (Commonwealth) section 11(1) (ABF Commissioner ), or an Immigration and Border Protection worker, as defined in section 4(1) of that Act, nominated by the ABF Commissioner to the CEO;(ac) the Comptroller‑General of Customs, referred to in the
Australian Border Force Act 2015 (Commonwealth) section 11(3), or an Immigration and Border Protection worker, as defined in section 4(1) of that Act, nominated by the Comptroller‑General to the CEO;(ad) the Chief of the Defence Force, appointed under the
Defence Act 1903 (Commonwealth) section 12(1) (Chief of Defence ), or an officer of the Defence Force, as defined in section 4(1) of that Act, nominated by the Chief of Defence to the CEO;(b) the Inspector‑General, as defined in the
Bankruptcy Act 1966 (Commonwealth) section 5(1), or an APS employee whose duties include supporting the Inspector‑General in the performance of his or her functions, or in the exercise of his or her powers, under that Act nominated by the Inspector‑General to the CEO;
[(c) deleted] (d) the Registrar, as defined in the
Child Support (Registration and Collection) Act 1988 (Commonwealth) section 4(1), or an officer or employee of the department of the Commonwealth public service principally assisting the Commonwealth Minister in the administration of that Act, nominated by the Registrar to the CEO;(e) the Electoral Commissioner, as defined in the
Commonwealth Electoral Act 1918 (Commonwealth) section 4(1), or a member of the staff mentioned in section 29 of that Act nominated by the Electoral Commissioner to the CEO;(f) the Commissioner, as defined in the
Corruption, Crime and Misconduct Act 2003 section 3(1), or another officer of the Commission, as defined in that subsection, nominated by the Commissioner to the CEO;(g) the person appointed Vice-Chancellor under the
Curtin University Act 1966 section 14(1), or any member of the staff of Curtin University nominated by the Vice-Chancellor to the CEO;
[(h) deleted] (i) the person appointed Vice-Chancellor under the
Edith Cowan University Act 1984 section 30(1), or another member of the staff, as defined in section 3(1) of that Act, nominated by the Vice-Chancellor to the CEO;(j) the Electoral Commissioner, as defined in the
Electoral Act 1907 section 4(1), or a person employed in the Western Australian Electoral Commission nominated by the Electoral Commissioner to the CEO;(k) the FES Commissioner, as defined in the
Fire and Emergency Services Act 1998 section 3, or another member of staff, as defined in that section, nominated by the FES Commissioner to the CEO;(l) the Chief Executive Centrelink, as defined in the
Human Services (Centrelink) Act 1997 (Commonwealth) section 3, or a Departmental employee, as defined in that section, nominated by the Chief Executive Centrelink to the CEO;
[(m) deleted] (n) a CEO, as defined in the
Local Government Act 1995 section 1.4 (LG CEO ), of a local government or an employee as defined in that section employed by that local government and nominated by the LG CEO to the CEO;(o) the Vice‑Chancellor, as defined in the
Murdoch University Act 1973 section 3(1), or any member of the staff of Murdoch University nominated by the Vice‑Chancellor to the CEO;(p) a CEO, as defined in the
Port Authorities Act 1999 section 3(1) (PA CEO ), of a port authority or a member of staff, as defined in that subsection, of that port authority nominated by the PA CEO to the CEO;(q) the chief executive officer of an agency, as defined in the
Public Sector Management Act 1994 section 3(1), or a person employed in that agency nominated by the chief executive officer to the CEO;(r) an Agency Head, as defined in the
Public Service Act 1999 (Commonwealth) section 7, or an APS employee of the Agency Head’s Agency nominated by the Agency Head to the CEO;(s) the Commissioner, as defined in the
Taxation Administration Act 1953 (Commonwealth) section 2(1), or a member of the staff mentioned in section 4A of that Act nominated by the Commissioner to the CEO;(t) the person appointed Vice‑Chancellor under the
University of Western Australia Act 1911 section 27, or any member of the staff of the University of Western Australia nominated by the Vice‑Chancellor to the CEO;(ta) the person designated as general manager under the
Western Australian Sports Centre Trust Act 1986 section 12(1), or a person appointed or employed under section 11(1) of that Act nominated by the general manager to the CEO;(u) a registered liquidator appointed under the
Corporations Act 2001 (Commonwealth) section 472(1) or a liquidator appointed under section 489EC(1) of that Act;(v) a registered trustee of the estate of a bankrupt appointed under the
Bankruptcy Act 1966 (Commonwealth);(w) the Commissioner (however designated) of the police force of another State or of the Northern Territory, or another officer of that police force nominated by the Commissioner of that police force to the CEO;
(x) the chief executive officer (however designated) of a department of another State, the Australian Capital Territory or the Northern Territory, or a person employed in that department nominated by the chief executive officer of that department to the CEO;
(y) a chief executive officer (however designated) of a local government or local government council in another State or in the Northern Territory, or an employee employed by that local government or local government council, nominated by the chief executive officer of that local government or local government council to the CEO.
(3) A person mentioned in subregulation (2)(a) to (y) whose nomination to the CEO is revoked is, when the revocation takes effect, no longer a person prescribed for the purposes of the definition of
prescribed person in section 14(1).(4) A nomination under subregulation (2) must be in writing signed by the person making the nomination.
(1) In this regulation —
(a) a person seeking verification of information about a person; and
(b) a person verifying the information mentioned in paragraph (a);
(a) name, including any previous names;
(b) date of birth;
(c) email address;
(d) phone number;
(e) the latest date and time that the information mentioned in paragraphs (a) to (d) was updated;
(2) For paragraph (c) of the definition of
authorised purpose in section 14(1), the following are purposes —(a) in relation to the chief executive officer of the Department of the Premier and Cabinet, or a nominated employee, prescribed under regulation 7(2)(q) — to verify and disclose a person’s relevant information to a relying chief executive officer through a digital identity exchange;
(b) in relation to the Secretary of the Attorney‑General’s Department of the Commonwealth, prescribed under regulation 7(2)(r) — to verify the authenticity of a driver’s licence or learner’s permit using the national Document Verification Service.
(1) In this regulation —
(2) For the definition of
prescribed person in section 14(1), the persons, and classes of person, are —(a) a member of the public;
(b) the Commissioner as defined in the
Fair Trading Act 2010 section 6.
(3) For paragraph (c) of the definition of
authorised purpose in section 14(1), in relation to a prescribed person mentioned in subregulation (2), a purpose is to provide public access to these kinds of vehicle licence information —(a) whether a particular vehicle, or a particular identifier, is or has ever been registered in the WOVR;
(b) if not, whether, to the knowledge of the CEO, the vehicle or the identifier is registered in a corresponding WOVR;
(c) if the vehicle or the identifier is registered in the WOVR or a corresponding WOVR, whether it is registered as a repairable write‑off, as mentioned in the
Road Traffic (Vehicles) Regulations 2014 regulation 151, or as a statutory write‑off, as mentioned in regulation 150 of those regulations.
9A. Recording, disclosing or making use of information: s. 143A(1)(d) (1) In this regulation —
(a) are the only propulsion system for the vehicle; or
(b) are used in conjunction with another propulsion system for the vehicle;
(a) is powered by a hydrogen fuel system; and
(b) has 1 or more hydrogen fuel containers fitted to the vehicle for the system.
(2) For section 143A(1)(d), information may be used for the purpose of inserting advertising material into an envelope that is used to send a document about a driver’s licence or vehicle licence.
(3) For section 143A(1)(d), an officer of the department of the Public Service principally assisting in the administration of the Act may —
(a) record and make use of vehicle licence information about electric‑powered vehicles and hydrogen‑powered vehicles (including information relating to particular commercial operations) for the purposes of preparing summary or statistical information; and
(b) disclose the summary or statistical information (including information relating to particular commercial operations) if the disclosure could not reasonably be expected to lead to the identification of any person to whom the information relates.
(4) A person who is or has been engaged in the performance of functions under a road law may record, disclose or make use of information disclosed under subregulation (3)(b), for the purposes for which the disclosure was made.
(1) In this regulation —
(2) For section 18(2) —
(a) a thing done, given or issued in another jurisdiction under a provision of the HVNL or another law mentioned in column 1 of the Table is recognised if, at the time the thing was done, given or issued, the provision applied as a law of that jurisdiction; and
(b) the effect of the recognition for the purposes of a road law is set out opposite in column 2 of the Table.
HVNL s. 513(1) — direction to stop vehicle (to exercise powers) | Has effect as if it were a direction given under the |
HVNL s. 514(1) — direction to not move vehicle (to exercise powers) | Has effect as if it were a direction given under the |
HVNL s. 516(1) — direction to move vehicle (to exercise powers) | Has effect as if it were a direction given under the |
HVNL s. 517(2) — direction to move vehicle (harm or obstruction) | Has effect as if it were a direction given under the |
HVNL s. 524(2) or (3) — direction to leave vehicle | Has effect as if it were a direction given under the |
HVNL s. 526 — vehicle defect notice | Has effect as if it were a defect notice issued under the |
HVNL s. 533(2) — direction to rectify, move vehicle (minor risk breach) | Has effect as if it were a direction given under the |
HVNL s. 533(4) — authorisation to continue journey | Has effect as if it were an authorisation given under the |
HVNL s. 534(2) — direction about moving vehicle (substantial risk breach) | Has effect as if it were a direction given under the |
HVNL s. 535(2) — direction about moving vehicle (severe risk breach) | Has effect as if it were a direction given under the |
HVNL s. 568(2) — requirement for driver to produce thing | Has effect as if it were a direction given under the |
HVNL s. 569(1) — requirement for responsible person to produce document | Has effect as if it were a direction given under the |
HVNL s. 570(1) — requirement to give information about heavy vehicle | Has effect as if it were a direction given under the |
HVNL s. 572(2) — improvement notice | Has effect as if it were an improvement notice given under the |
HVNL s. 574 — notice of amendment to improvement notice | Has effect as if it were a notice of amendment to an improvement notice given under the |
HVNL s. 576 — clearance certificate | Has effect as if it were a clearance certificate issued under the |
(1) In this regulation —
(2) For the definition of
order in section 19(1), the orders are those made —(a) by a court or tribunal of another jurisdiction in which the HVNL applies as a law of that jurisdiction; and
(b) under a provision of the HVNL mentioned in column 1 of the Table and described in column 2 of the Table.
HVNL s. 597 | Commercial benefits penalty order |
HVNL s. 598(2) | Order cancelling or suspending vehicle registration |
HVNL s. 598(3) | Order disqualifying person from applying for vehicle registration |
HVNL s. 600(1) | Supervisory intervention order |
HVNL s. 607(1) | Prohibition order |
HVNL s. 611(1) | Compensation order |
Nothing in these regulations authorises a warden to use force against a person.
(1) For section 22, the functions relating to the provisions of the road laws mentioned in column 1 of the Table and described in column 2 of the Table are functions that can be performed by a warden.
Direction to give personal details | |
Direction to produce driver’s licence document, learner’s permit | |
Request information to identify driver, person in charge of a vehicle | |
Direction to stop vehicle, not move or interfere with vehicle or load | |
Inspect vehicle for defect | |
Give several, further directions | |
Serve infringement notices (alleged offender) in respect of the prescribed road law offences set out in the Table to regulation 25 | |
Issue defect notice and directions | |
Direction to produce official document as evidence of another jurisdiction’s authorisation to drive | |
Require a vehicle licence of Class B or C vehicle to be produced for inspection | |
Require a non‑current vehicle licence to be delivered up | |
Seizure of number plates | |
Seizure of imitation plates and service of notice about disposal | |
Seizure of trade plates | |
Require a document as evidence of Minister’s declaration or CEO exemption to be produced for inspection |
(2) For section 24(1)(a), a transport warden has, in relation to a function under a provision of a road law mentioned in the Table to 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, or that includes, a police officer in a provision of a road law mentioned in the Table to subregulation (1) is to be read as including a transport warden.
(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.
(1) For section 22, the functions relating to the provisions of the road laws mentioned in column 1 of the Table and described in column 2 of the Table are functions that can be performed by a warden.
Direction to give personal details | |
Direction to produce driver’s licence document, learner’s permit | |
Request information to identify driver, person in charge of a vehicle | |
Directions to stop, move or leave vehicles | |
Moving unattended vehicles to exercise powers under Pt. 4 Div. 5 but not s. 55 | |
Inspection of vehicles and premises, search of vehicles but not premises for MDLR compliance purposes or defect | |
Other directions in relation to MDLR compliance purposes (but not search of premises powers) | |
Give several, further directions | |
Serve infringement notices (alleged offender) in respect of the prescribed road law offences set out in the Table to regulation 26 | |
Direct production of copy of permit for modification | |
Direct production of copy of permit for access approval | |
Determining categories of loading requirement breaches | |
Directions for breaches of mass, dimension or loading requirements | |
Issue defect notice and directions | |
Direction to produce official document as evidence of another jurisdiction’s authorisation to drive | |
Require a vehicle licence of Class B or C vehicle to be produced for inspection | |
Require a non‑current vehicle licence to be delivered up | |
Seizure of number plates | |
Seizure of imitation plates and service of notice about disposal | |
Seizure of trade plates | |
Direct production of heavy vehicle pilot licence | |
Require a document as evidence of Minister’s declaration or CEO exemption to be produced for inspection |
(2) For section 24(1)(a), a transport inspection warden has, in relation to a function under a provision of a road law mentioned in the Table to 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, or that includes, a police officer in a provision of a road law mentioned in the Table to subregulation (1) is to be read as including a transport inspection warden.
(4) Subregulation (3) is subject to section 72.
(1) For section 22, the functions relating to the provisions of the road laws mentioned in column 1 of the Table and described in column 2 of the Table are functions that can be performed by a warden.
Request copy of towing arrangement | |
Enforcement of road laws | |
Serve infringement notices (alleged offender) in respect of the prescribed road law offences set out in the Table to regulation 26A | |
Direct production of copy of permit for modification | |
Direct production of copy of permit for access approval | |
Determining categories of loading requirement breaches | |
Directions for breaches of mass, dimension or loading requirements | |
Issue defect notice and directions | |
Direction to produce official document as evidence of another jurisdiction’s authorisation to drive | |
Require a vehicle licence of Class B or C vehicle to be produced for inspection | |
Require a non‑current vehicle licence to be delivered up | |
Seizure of number plates | |
Seizure of imitation plates and service of notice about disposal | |
Seizure of trade plates | |
Direct production of heavy vehicle pilot licence | |
Require a document as evidence of Minister’s declaration or CEO exemption to be produced for inspection |
(2) For section 24(1)(a), a transport investigation warden has, in relation to a function under a provision of a road law mentioned in the Table to 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, or that includes, a police officer in a provision of a road law mentioned in the Table to subregulation (1) is to be read as including a transport investigation warden.
(4) Subregulation (3) is subject to section 72.
(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.
For sections 22 and 105(2)(b), the function of commencing a prosecution for an offence under a road law, other than an offence to which section 105(1) applies, is a function that can be performed by a warden.
(1) In this regulation —
(2) For section 24(1)(a), a crossing attendant warden has, in relation to the warden’s functions, the powers conferred on a police officer under the
Road Traffic Code 2000 regulations 272(1) and 273(1) and (2).(3) For section 24(1)(b), a reference in the
Road Traffic Code 2000 regulation 272(1) or 273(1), (3) or (4) to a police officer is to be read as including a crossing attendant warden.
(1) In this regulation —
(2) For section 24(1)(a), a traffic escort warden has, in relation to the warden’s functions, the powers conferred on a police officer under a provision of a road law mentioned in the Table.
Direction to give personal details | |
Direction to produce driver’s licence document, learner’s permit | |
Direction to stop vehicle, not move or interfere with vehicle or load | |
Give several, further directions | |
Direct production of copy of permit for modification | |
Direct production of copy of permit for access approval | |
Direct production of heavy vehicle pilot licence |
(3) For section 24(1)(b), the following references to a police officer are to be read as including a traffic escort warden —
(a) a reference to a police officer in a provision of a road law mentioned in the Table to subregulation (2);
(b) a reference to a police officer in the
Road Traffic Code 2000 regulation 272(1), 273(1), (3) or (4) or 282(1);(c) a reference to a police officer in paragraph (a) of the definition of
escort vehicle in theRoad Traffic (Vehicles) Regulations 2014 regulation 3;(d) a reference to a police officer in the
Road Traffic (Vehicles) Regulations 2014 regulation 452(2) or 454X.
For section 65(3), the form of a warrant authorising entry to premises is set out in Schedule 1.
For section 71(3)(a), an embargo notice must contain all of these —
(a) a description of the record, device or other thing seized;
(b) the name and contact details of the police officer issuing the notice;
(c) the name of the person on whom the notice is served or a statement that a copy of the notice is affixed to the record, device or thing in accordance with section 71(4)(b);
(d) the date on which the notice is issued.
(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.
Note for this regulation:
An offence under the
s. 33(2) | Failure to produce driver’s licence document, learner’s permit on direction | 1 |
s. 36(2)(a) | Obtaining or applying for a driver’s licence while disqualified | 15 |
s. 36(2)(g) | Lending or allowing another person to use a driver’s licence document, vehicle licence or number plate or label | 15 |
s. 44 | Failure to comply with direction under s. 39, 40, 41 or 42 | 12 |
s. 47(2) | Parking on land not a road without authority | 1 |
s. 47(4) | Failure to comply with direction under s. 47(3) | 1 |
s. 61C(4) | Failure to comply with direction under s. 61C(1) | 5 |
s. 61D(2) | Failure to comply with direction under s. 61D(1) | 5 |
s. 61D(3) | Providing false or misleading information in purported compliance with direction under s. 61D(1) | 10 |
s. 61E(3) | Failure to comply with direction under s. 61E(1) | 5 |
s. 71(5A) | Acting in contravention of RTA Part 6A embargo notice | 10 |
s. 71(7A) | Failure to prevent action in contravention of RTA Part 6A embargo notice | 10 |
s. 140(4) | Failure to comply with a notice under s. 140(2) | 2 |
(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) 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.
s. 4(2) | Using on a road a light vehicle that does not have the requisite, or a current, licence | 5 |
s. 8(2) | Failure to deliver licence document and number plates as demanded by CEO | 2 |
s. 8(3) | Using a licence document or number plates demanded by CEO | 2 |
s. 10(1) | Failure of former owner of vehicle to give CEO written notice of new owner’s details and return licence document and number plates if applicable | 2 |
s. 10(2) | Failure of new owner of vehicle to give CEO written notice of new owner | 2 |
s. 10(6) | Failure to apply for transfer of a vehicle licence within 28 days after issue of notice under s. 10(3)(b) | 2 |
s. 29(1) | Breach of mass requirement relating to heavy vehicle — mass up to 30% in excess of maximum permitted mass | The same number of PU set out in the Table to the |
s. 29(1) | Breach of mass requirement relating to light vehicle | The same number of PU set out in the Table to the |
s. 29(1) | Breach of a loading requirement that is a minor risk breach | 2 |
s. 29(1) | Breach of a dimension requirement that is a minor risk breach | The same number of PU as the fine for the minimum penalty for the offence under the |
s. 29(1) | Breach of a loading or dimension requirement that is a substantial risk breach | The same number of PU as the fine for the minimum penalty for the offence under the |
s. 29(1) | Breach of a loading or dimension requirement that is a severe risk breach | The same number of PU as the fine for the minimum penalty for the offence under the |
s. 34(2) | Driver to carry, produce permit for mass or dimension modification | 2 |
s. 36(1) | Failure to comply with provision of order or permit for modification of mass or dimension requirement other than about a road on which the vehicle can or cannot be driven | The same number of PU as the fine for the minimum penalty for the offence under par. (b) of the penalty provision in the |
s. 36(1) | Failure to comply with provision of order or permit for modification of mass or dimension requirement about a road on which the vehicle can or cannot be driven, in circumstances where the vehicle is a heavy vehicle | The greater of the following — (a) the same number of PU as are set out in the Table to the (b) the same number of PU as are set out in the |
s. 39(1) | Complying restricted access vehicle on road without access approval | The same number of PU as the fine for the minimum penalty for the offence under the |
s. 39(3) | Failure to comply with an order or permit giving access approval | The same number of PU as the fine for the minimum penalty for the offence under the |
s. 41(2) | Driver to carry, produce permit giving access approval | 2 |
s. 66 | Failure to comply with direction under s. 63(2) or (3) or 64(2) or (5) | 20 |
s. 73(2)(a), (b) and (c) | Offences relating to defect notices, copies, stickers | 8 |
s. 75(1) | Vehicle driven not in accordance with applicable defect notice | 12 |
s. 75(3) | Failure to comply with a direction under s. 71(2) | 12 |
s. 86(1)(a) and (b) | Failure by responsible entity to provide container weight declaration to responsible person, drivers | 5 |
s. 87(1) | Failure by responsible person to provide container weight declaration to drivers | 5 |
s. 87(2) | Failure by responsible person to provide container weight declaration to other carrier | 5 |
s. 88(1) | Driving without complying container weight declaration | 5 |
s. 88(2) | Failure to keep container weight declaration accessible from vehicle | 5 |
s. 103(1) | Weight of freight container exceeds maximum gross weight for container: consignor’s duties | 10 |
s. 104(1) | Weight of freight container exceeds maximum gross weight for container: packer’s duties | 10 |
(1) In this regulation —
(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.
s. 49(1) | Driving while not authorised under the | 2 |
(a) the offence is not committed by a novice driver (type 1A) between midnight and the following 5 a.m. or in relation to the number of passengers carried in a motor vehicle; and (b) the | ||
s. 49(1) | Driving while not authorised under the (a) between midnight and the following 5 a.m.; or (b) in relation to the number of passengers carried in a motor vehicle | 4 |
s. 50A(1) | Failure to carry or produce document to do with authorisation other than Australian driver licence |
s. 50A(2) | Holder of foreign country’s driver’s licence failing to comply with condition of licence | 1 |
s. 54(6) | Driver involved in incident occasioning bodily harm failing to give name and address | 10 |
s. 55(1) | Driver in incident occasioning property damage failing to stop after incident | 10 |
s. 55(4) | Driver in incident occasioning property damage failing to give name and address | 10 |
s. 62 | Careless driving | 6 |
s. 62B(1) | Providing driving instruction to a learner driver while having a blood alcohol content of or above 0.05 g of alcohol per 100 mL of blood | 15 |
s. 62B(4) | Providing driving instruction to a learner driver while having any blood alcohol content where the instructor is a person described in the | 15 |
s. 62B(5) | Providing driving instruction to a learner driver in respect of a motor vehicle that has a GCM that is 22.5 tonnes or more while having any blood alcohol content | 15 |
s. 62C(1) | Providing driving instruction to a learner driver while a prescribed illicit drug is present in the instructor’s oral fluid or blood | 15 |
s. 64AA | A first offence of driving or attempting to drive a motor vehicle while having a blood alcohol content of or above 0.05 g of alcohol per 100 mL of blood | 20 |
s. 64AAA | Driving or attempting to drive a motor vehicle while having any blood alcohol content | 8 |
s. 71BA(3) | Contravening a prohibition notice | 12 |
s. 81F(1) | Obstructing the use of, or misusing, road closed for events | 4 |
s. 81G(2) | Driving a motor vehicle that is a heavy vehicle, on a road, that has a radar detector fitted to, within or on the vehicle | 30 |
s. 81G(2) | Driving a motor vehicle that is not a heavy vehicle, on a road, that has a radar detector fitted to, within or on the vehicle | 24 |
s. 95(1) | Immobilising parked motor vehicle | 20 |
s. 97(1) | Towing parked motor vehicle without satisfying requirements | 10 |
s. 97(4) | Controller of premises giving false or misleading information to tow truck driver | 10 |
s. 99(2) | Failure to release vehicle that is being loaded onto tow truck | 10 |
s. 100(2) | Failure to inform person that vehicle will be released on payment of on‑site release charge | 10 |
s. 100(3) | Failure to release vehicle on payment of on‑site release charge | 10 |
s. 100(4) | Stating amount for on‑site release charge that exceeds prescribed maximum | 10 |
s. 100(5) | Imposing further towing charges after release of vehicle following payment of on‑site release charge | 10 |
s. 101 | Failure to tow vehicle by most direct route to approved storage yard | 4 |
s. 102(2) | Failure to give copy of towing arrangement | 10 |
s. 102(4) | Failure to ensure persons are given or have access to towing arrangement | 4 |
s. 103(2) | Failure to release vehicle from storage yard | 10 |
s. 105(1) | Imposing towing charges in excess of prescribed maximum | 4 |
s. 105A(1) | Imposing storage charges in excess of prescribed maximum | 4 |
s. 105E(1) | Detaining parked motor vehicle | 10 |
(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.
Pts. 3 to 20 inclusive | |
Pts. 2, 3 and 4 | |
Pt. 2 | |
Pts. 2, 3, 4, 5, 7, 8, 10, 11, 12, 13A, 14 and 16 |
[(3) deleted]
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.
s. 33(2) and 44 | |
s. 4(2) s. 10(1), (2) and (6) s. 73(2)(a), (b) and (c) s. 75(1) and (3) | |
r. 63 | |
Pts. 2, 3, 4, 5, 7, 10, 11, 12, 14 and 16 |
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.
s. 33(2), 36(2), 44 and 47(4) | |
All the provisions mentioned in the Table to regulation 22 | |
r. 63 | |
Pts. 2, 3, 4, 5, 7, 8,10, 11, 12, 13A, 14 and 16 |
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.
s. 95(1), 97(1), 97(4), 99(2), 100(2), 100(3), 100(4), 100(5), 101, 102(2), 102(4), 103(2), 105(1), 105A(1), 105E(1) | |
s. 33(2), 36(2), 44, 47(4), 61C(4), 61D(2), 61D(3), 61E(3), 71(5A), 71(7A) | |
All the provisions mentioned in the Table to regulation 22 | |
r. 63 | |
Pt. 2 | |
Pts. 2, 3, 4, 5, 7, 8, 10, 11, 12, 13A, 14 and 16 |
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.
For section 105(3A), a prosecution for an offence under the
(a) a police officer who is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant; or
(b) the Commissioner of Main Roads.
(1) In this regulation —
(2) For section 113(4), the prescribed amount for a vehicle and its load is the measurement adjustment applied in accordance with the Measurement Adjustments document.
(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.
For sections 117A(2)(c) and 117G(2)(b), the prescribed number of days is 365.
(1) A person affected by a reviewable decision as defined in the
Road Traffic (Authorisation to Drive) Regulations 2014 regulation 70 or a decision made on reconsidering a reviewable decision under regulation 72 of those regulations may apply to the State Administrative Tribunal for a review of the decision.(2) The Commissioner of Police has the right to be heard in proceedings for the review of the decision.
(1) In this regulation —
(a) a CEO exemption reviewable decision as defined in the
Road Traffic (Vehicles) Regulations 2014 regulation 478; or(b) an improvement notice reviewable decision as defined in regulation 481 of those regulations; or
(c) an MDL reviewable decision as defined in regulation 478 of those regulations; or
(d) a vehicle licensing reviewable decision as defined in regulation 478 of those regulations.
(2) A person affected by a reviewable decision or a decision made on reconsidering a reviewable decision under the
Road Traffic (Vehicles) Regulations 2014 regulation 480 or 483 may apply to the State Administrative Tribunal for a review of the decision.
(1) In this regulation —
(a) a decision of an approved officer to give or amend an improvement notice; or
(b) a decision made under the
Road Traffic (Vehicles) Regulations 2014 regulation 483 on reconsideration of a decision of an approved officer to give or amend an improvement notice.(2) The CEO has the right to be heard in proceedings for the review of an improvement notice decision if the CEO nominated the approved officer who made the decision to give or amend the improvement notice.
(3) The Commissioner of Police has the right to be heard in proceedings for the review of an improvement notice decision if the Commissioner nominated, or authorised the nomination of, the approved officer who made the decision to give or amend the improvement notice.
A person affected by a decision of the CEO to grant, or refuse to grant, an approval under the
(1) In this regulation —
(2) The fees specified in the Table to this subregulation are payable in relation to information disclosed by the CEO under section 14.
$ | |
For searching records manually, per record | 21.15 |
For searching records by computer where a list of vehicles to be searched is supplied to the CEO on a data storage device, per record | 5.10 |
For production of an extract of a record, per extract | 23.05 |
For detailed searching of current and historical information about a record, including production of supporting documentation, per search | 28.95 |
(3) The charges specified in the Table to this subregulation are payable in relation to information disclosed by the CEO under section 15.
For writing and running a program to extract records or information, per hour | 85.70 |
For preparing a report that compiles extracted records or information, per report | 43.25 |
(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.
[r. 19]
To | All police officers and transport investigation wardens. | |||||||||
Application | The applicant has applied under the | |||||||||
Applicant’s details | Full name of police officer/ transport investigation warden | |||||||||
Rank/Office held | Number assigned for official purposes to applicant | |||||||||
Station/squad | ||||||||||
Suspected offence(s) | ||||||||||
Warrant | This warrant authorises you to enter the premises described below using the powers in the This warrant must be executed in accordance with s. 66 of that Act. | |||||||||
Premises to be entered | ||||||||||
Execution period | This warrant must be executed within days after the date it is issued. | |||||||||
Issuing details | Name of JP | |||||||||
Date | Time | |||||||||
JP’s signature | Issued by me on the above date and at the above time. Justice of the Peace | |||||||||
Execution details | Start | Date: Time: | End | Date: Time: | ||||||
Occupier present? Yes/No Search audiovisually recorded? Yes/No | ||||||||||
Thing(s) seized? Yes/No | ||||||||||
Officer in charge of execution | Full name of police officer/ transport investigation warden | |||||||||
Rank/Office held | Number assigned for official purposes to officer in charge of execution | |||||||||
Station/squad | ||||||||||
Notes —
1A. Delete as appropriate.
1. State the address or geographical location of the premises as defined in the Act s. 55(1) or 61B(1) (as relevant) to be entered.
2. This period must not exceed 30 days (see the Act s. 65(2)(d)).
This is a compilation of the
23 Dec 2014 p. 4939‑5009 | 27 Apr 2015 (see r. 2 and | |
12 Jun 2015 p. 2041‑2 | r. 1 and 2: 12 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 13 Jun 2015 (see r. 2(b)) | |
29 May 2015 p. 1884‑5 | r. 1 and 2: 29 May 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)) | |
26 Jun 2015 p. 2274 | r. 1 and 2: 26 Jun 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)(ii) and | |
13 Nov 2015 p. 4662 | r. 1 and 2: 13 Nov 2015 (see r. 2(a)); Regulations other than r. 1 and 2: 14 Nov 2015 (see r. 2(b)) | |
14 Jun 2016 p. 1987‑2003 | 1 Jul 2016 (see r. 2(b)) | |
24 Jun 2016 p. 2342-3 | 1 Jul 2016 (see r. 2(b)) | |
20 Sep 2016 p. 3983-4 | r. 1 and 2: 20 Sep 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Sep 2016 (see r. 2(b)) | |
15 Nov 2016 p. 5062-77 | 28 Nov 2016 (see r. 2(b)) | |
25 Nov 2016 p. 5280‑2 | r. 1 and 2: 25 Nov 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Nov 2016 (see r. 2(b) and | |
26 May 2017 p. 2636‑9 | 28 Jul 2017 (see r. 2(b)) | |
23 Jun 2017 p. 3253‑78 | 1 Jul 2017 (see r. 2(b)) | |
3 Oct 2017 p. 5054‑5 | r. 1 and 2: 3 Oct 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 4 Oct 2017 (see r. 2(b)) | |
25 May 2018 p. 1648‑9 | r. 1 and 2: 25 May 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 26 May 2018 (see r. 2(b)) | |
22 Jun 2018 p. 2184‑93 | 1 Jul 2018 (see r. 2(b)) | |
29 Mar 2019 p. 972‑80 | 30 Mar 2019 (see r. 2(b)) | |
31 May 2019 p. 1721‑8 | 1 Jul 2019 (see r. 2(b)) | |
31 Dec 2019 p. 4687 | r. 1 and 2: 31 Dec 2019 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jan 2020 (see r. 2(b)) | |
SL 2020/74 9 Jun 2020 | 1 Jul 2020 (see r. 2(b)) | |
SL 2020/91 24 Jun 2020 | Pt. 2 (other than r. 5): 1 Jul 2020 (see r. 2(c) and SL 2020/89 cl. 2); r. 5: 1 Jul 2021 (see r. 2(b)) | |
SL 2020/172 25 Sep 2020 | 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) | |
SL 2020/150 1 Sep 2020 | 12 Oct 2020 (see r. 2(b) and SL 2020/148 cl. 2) | |
SL 2020/231 4 Dec 2020 | 14 Dec 2020 (see r. 2(b) and SL 2020/229 cl. 2) | |
SL 2020/262 24 Dec 2020 | r. 1 and 2: 24 Dec 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 26 Feb 2021 (see r. 2(b) and SL 2020/254 cl. 2) | |
SL 2021/53 7 May 2021 | r. 1 and 2: 7 May 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 8 May 2021 (see r. 2(b)) | |
SL 2021/55 21 May 2021 | r. 1 and 2: 21 May 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Jul 2021 (see r. 2(b) and SL 2021/54 cl. 2(a)) | |
SL 2021/92 18 Jun 2021 | 1 Jul 2021 (see r. 2(c)) | |
SL 2021/203 3 Dec 2021 | 4 Dec 2021 (see r. 2(b)) | |
SL 2022/67 3 Jun 2022 | 1 Jul 2022 (see r. 2(b)) | |
SL 2023/45 19 May 2023 | 1 Jul 2023 (see r. 2(c)) | |
SL 2023/166 1 Nov 2023 | 2 Nov 2023 (see r. 2(b)) | |
SL 2024/58 1 May 2024 | 1 Jul 2024 (see r. 2(c)) | |
SL 2024/184 4 Sep 2024 | r. 1 and 2: 4 Sep 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Sep 2024 (see r. 2(b)) | |
SL 2024/201 2 Oct 2024 | r. 1 and 2: 2 Oct 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 7 Oct 2024 (see r. 2(b)) | |
SL 2024/237 27 Nov 2024 | 1 Dec 2024 (see r. 2(b)) | |
SL 2025/20 22 Jan 2025 | 23 Jan 2025 (see r. 2(b)) | |
SL 2025/65 30 Apr 2025 | 1 Jul 2025 (see r. 2(c)) |
ABF Commissioner.................................................................................................... 7(2)
approved officer........................................................................................................ 34(1)
APS employee............................................................................................................. 7(1)
Chief of Defence......................................................................................................... 7(2)
commencement day.................................................................................................. 38(1)
corresponding WOVR................................................................................................ 8(1)
crossing attendant warden....................................................................................... 16(1)
data storage device................................................................................................... 35(1)
Department of the Premier and Cabinet............................................................... 8A(1)
digital identity exchange......................................................................................... 8A(1)
electric-powered vehicle......................................................................................... 9A(1)
existing warden......................................................................................................... 38(1)
HVNL............................................................................................................... 9(1), 10(1)
hydrogen-powered vehicle..................................................................................... 9A(1)
identifier....................................................................................................................... 8(1)
improvement notice.................................................................................................. 34(1)
improvement notice decision.................................................................................. 34(1)
LG CEO........................................................................................................................ 7(2)
Measurement Adjustments document................................................................... 31(1)
novice driver (type 1A)........................................................................................... 23(1)
PA CEO........................................................................................................................ 7(2)
parking warden................................................................................................................. 3
pedalec.......................................................................................................................... 4(1)
prescribed road law offence........................................................................................... 3
relevant information................................................................................................ 8A(1)
relying chief executive officer............................................................................... 8A(1)
reviewable decision.................................................................................................. 33(1)
section................................................................................................................................ 3
traffic escort warden................................................................................................ 17(1)
transport inspection warden........................................................................................... 3
transport investigation warden...................................................................................... 3
transport warden............................................................................................................... 3
WOVR.......................................................................................................................... 8(1)
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