Transport Regulations Amendment (Road Traffic) Regulations 2024 (WA)
Western Australia
Road Traffic (Administration) Act 2008 Road Traffic (Authorisation to Drive) Act 2008
Western Australia
Road Traffic (Administration) Act 2008 Road Traffic (Authorisation to Drive) Act 2008
Made by the deputy of the Governor in Executive Council.
These regulations are the
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published on the WA legislation website;
(b) the rest of the regulations — on 1 December 2024.
This Part amends the
In regulation 23 in the Table:
(a) in the 1
st item for section 49(1) in the 2nd column delete “5 a.m.; and” and insert:
5 a.m. or in relation to the number of passengers carried in a motor vehicle; and
(b) in the 2
nd item for section 49(1) in the 2nd column delete “(type 1A) between midnight and the following 5 a.m.” and insert:
(type 1A) either —
(a) between midnight and the following 5 a.m.; or
(b) in relation to the number of passengers carried in a motor vehicle
This Part amends the
In regulation 10(2) after “motor vehicle” insert:
on a road
After regulation 10 insert:
(1) In this regulation —
(2) In this regulation, despite the definition of
passenger in theRoad Traffic (Administration) Act 2008 section 4, a passenger in relation to a motor vehicle includes a co‑driver of the motor vehicle.(3) A driver’s licence held by a person who is a novice driver (type 1A) does not authorise the person to drive a motor vehicle carrying more than 1 passenger (the
permitted passenger ) on a road unless —(a) at least 1 of the passengers is an experienced driver; or
(b) each additional passenger is a member of the person’s immediate family; or
(c) the person —
(i) is required to carry each additional passenger for the person’s employment; and
(ii) is carrying a document stating that fact signed by the person’s employer; and
(iii) if requested by a police officer, produces the document for inspection.
(4) For the purposes of subregulation (3)(a), a passenger in a motor vehicle driven by a novice driver (type 1A) is an
experienced driver if the passenger —(a) is authorised to drive a motor vehicle of the class that the novice driver is authorised to drive; and
(b) has held that authorisation for a period of, or periods adding up to, at least 4 years under —
(i) an Australian driver licence, other than a provisional licence; or
(ii) a foreign driving authorisation, other than a foreign driving authorisation that is substantially equivalent to a provisional licence.
8. Regulation 65 amended
In regulation 65(2) in the Table delete the item for section 49(1) and insert:
s. 49(1) | A first offence of driving while not authorised, other than if the |
(a) occurs between midnight and the following 5 a.m. | 2 |
(b) relates to the number of passengers carried in a motor vehicle | 2 |
(1) Before regulation 75(1) insert:
(1A) In this regulation —
(2) Delete regulation 75(1)(b)(i) and (ii) and insert:
(i) been convicted of a motor vehicle offence; or
(ii) paid a modified penalty in relation to an infringement notice for a motor vehicle offence.
(3) Delete regulation 75(2) and (3) and insert:
(2) On the grant to the person of a driver’s licence for a period of 1 year, by way of renewal of the person’s current licence, no fee is payable.
(3) Subregulation (4) applies if —
(a) the person is granted a driver’s licence for a period of 1 year in the circumstances mentioned in subregulation (2); and
(b) for a period of 1 year after the person is granted the licence, the person has not —
(i) been convicted of a motor vehicle offence; or
(ii) paid a modified penalty in relation to an infringement notice for a motor vehicle offence.
(4) On the grant of a driver’s licence to the person, by way of renewal of the person’s driver’s licence granted in the circumstances mentioned in subregulation (2) —
(a) if the licence is for a period of 1 year — no fee is payable; and
(b) if the licence is for a period of more than 1 year — the fee for the licence must be reduced by $100.
10. Part 8 heading amended
In the heading to Part 8 delete “
At the beginning of Part 8 insert:
In regulation 82 delete “Part —” and insert:
Division —
In regulation 83 delete “Part” and insert:
Division
At the end of Part 8 insert:
Regulation 11 applies in relation to a driver’s licence granted to a person who is a novice driver (type 1A) regardless of whether the licence was granted before, on or after regulation 7 of the
N. HAGLEY, Clerk of the Executive Council
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