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WA Traffic Law Offences

The law that governs traffic offences in Western Australia is the Road Traffic Act 1974.

It imposes obligations to the drivers and penalties for violations of the same. And it is the Commissioner of Police which has the responsibility to control and regulate traffic in the State and for the enforcement of the traffic regulations provisions of this Act.

Under the Act, a person who drives a motor vehicle on a road while not authorized to do so commits a traffic offence. If he employs or permits a person to drive a motor vehicle on a road while not authorized under Part IVA of the Act also commits an offence. It is a defence however to a charge of an offence of driving motor vehicle while not authorized to prove that the driving was in accordance with the regulation or with necessity permit which is a permit for the driver to drive by the shortest possible route to a place specified in the permit.

Also, if the vehicle driven by a person is involved in an accident occasioning bodily harm to another person, the Act provides that the driver must stop immediately after the occurrence of the incident for as long as necessary.

He must also ensure that each victim receives all the necessary assistance and medical aid practicable at the moment. If he contravenes these provisions of the Act, the driver commits an offence punishable by 20 year imprisonment if the incident resulted to death, 14 years imprisonment if it occasioned grievous bodily harm and not death or 10 years imprisonment in any case.

And if on the opinion of the court the offence is serious in nature, it may order for the disqualification of the driver to hold or obtain driver’s licence for a period it may think proper and just.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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