Road Traffic (Administration) Act 2008
Road Traffic (Administration) Regulations 2014
Western Australia
Road Traffic (Administration) Regulations 2014
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
3.Terms used1
Part 2 — Matters prescribed for terms used in road laws
4.Power assisted pedal cycles1
Part 3 — Information
5.Information to be disclosed by Commissioner of Police to CEO: s. 12(4)(d)1
6.Exchange of information between CEO and other authorities1
7.Disclosure of information to prescribed persons1
8A.Authorised purposes for disclosure of information to prescribed persons1
8.Disclosure of written‑off vehicle register information1
9A.Recording, disclosing or making use of information: s. 143A(1)(d)1
Part 4 — Other jurisdictions
9.Effect of directions etc., administrative actions of other jurisdictions: s. 181
10.Effect of orders of courts, tribunals of other jurisdictions: s. 191
Part 5 — Wardens
Division 1 — General
11.No use of force against a person1
Division 2 — Warden functions for persons authorised by CEO
12.Transport wardens1
13.Transport inspection wardens1
14.Transport investigation wardens1
14A.Parking wardens1
15.Wardens commencing prosecutions for offences under road laws1
Division 3 — Warden functions for persons authorised by Commissioner of Police
16.Crossing attendant warden’s powers1
17.Traffic escort wardens1
Part 6 — Enforcement of road laws
Division 1 — Entry warrants
19.Form of entry warrant1
Division 2 — Embargo notices
20.Particulars for embargo notice1
Part 7 — Infringement notices
Division 1 — Offences for which infringement notices may be served under Part 5 of Act
21.Prescribed road law offences and modified penalties (s. 95(1)): Road Traffic (Administration) Act 20081
21A.Prescribed road law offences and modified penalties (s. 95(1)): Road Traffic (Authorisation to Drive) Act 20081
22.Prescribed road law offences and modified penalties (s. 95(1)): Road Traffic (Vehicles) Act 20121
23.Prescribed road law offences and modified penalties (s. 95(1)): Road Traffic Act 19741
24.Prescribed road law offences and modified penalties (s. 95(1)): regulations made under road laws1
Division 2 — Service of infringement notices by wardens
25.Offences for which infringement notices may be served by transport wardens1
26.Offences for which infringement notices may be served by transport inspection wardens1
26A.Offences for which infringement notices may be served by transport investigation wardens1
Division 3 — Miscellaneous
26B.Public transport offences1
26C.Police officers who are withdrawing officers1
26D.Payment of infringement notices by instalment1
Part 8 — Prosecutions
30.Persons to approve prosecution for breach of mass, dimension or loading requirement1
31.Ascertaining mass supported on part of vehicle1
31AA.Acts and omissions ascertained by visual detection equipment (s. 117(2)(d)(i))1
31A.Prescribed number of days for s. 117A(2)(c) and 117G(2)(b)1
Part 9 — Review of decisions under road laws
32.Review of decisions under Road Traffic (Authorisation to Drive) Act 20081
33.Review of decisions under Road Traffic (Vehicles) Act 20121
34.Right of CEO or Commissioner of Police to be heard1
34A.Review of decisions under Road Traffic Act 1974 s. 104(3)1
Part 10 — Fees and charges
35.Disclosure of information to prescribed persons or for road safety purposes: s. 143(3)(a)1
Part 11 — Service
36.Service of Part 5 documents (s. 100)1
37.Giving other records by electronic means (s. 143(3)(c))1
Part 12 — Transitional provision for Road Traffic (Administration) Amendment Regulations 2024
38.Existing wardens1
Schedule 1 — Entry warrant
Notes
Compilation table1
Defined terms
Road Traffic (Administration) Act 2008
Road Traffic (Administration) Regulations 2014
These regulations are the Road Traffic (Administration) Regulations 2014.
These regulations come into operation on the day fixed under the Road Traffic (Administration) Act 2008 section 2(b).
In these regulations, unless the contrary intention appears —
parking warden means a person authorised under section 22(1) to perform the functions prescribed by regulation 14A(1);
prescribed road law offence has the meaning given in section 95(1)(a);
section means section of the Act;
transport inspection warden means a person authorised under section 22(1) to perform the functions prescribed by regulation 13(1);
transport investigation warden means a person authorised under section 22(1) to perform the functions prescribed by regulation 14(1);
transport warden means a person authorised under section 22(1) to perform the functions prescribed by regulation 12(1).
[Regulation 3 amended: SL 2024/201 r. 4.]
Part 2 — Matters prescribed for terms used in road laws
(1)In this regulation —
pedalec means a vehicle that meets the standard of the European Committee for Standardization entitled EN 15194:2009 or EN 15194:2009+A1:2011 Cycles — Electrically power assisted cycles — EPAC Bicycles.
(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.
5.Information to be disclosed by Commissioner of Police to CEO: s. 12(4)(d)
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.
[Regulation 5 amended: SL 2020/91 r. 4 and 5.]
6.Exchange of information between CEO and other authorities
For paragraph (d) of the definition of relevant authority in section 13A(1), the person is Austroads Limited (ACN 136 812 390), registered under the Corporations Act 2001 (Commonwealth).
7.Disclosure of information to prescribed persons
(1)In this regulation —
APS employee has the meaning given in the Public Service Act 1999 (Commonwealth) section 7.
(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.
[Regulation 7 amended: Gazette 26 Jun 2015 p. 2274; 29 Mar 2019 p. 973‑5; 31 Dec 2019 p. 4687.]
8A.Authorised purposes for disclosure of information to prescribed persons
(1)In this regulation —
Department of the Premier and Cabinet means the department of the Public Service principally assisting the Premier;
digital identity exchange means an automated system for the transfer of information including between —
(a)a person seeking verification of information about a person; and
(b)a person verifying the information mentioned in paragraph (a);
relevant information, of a person, means the following information in relation to the person from their permit information, driver’s licence information or vehicle licence information —
(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;
relying chief executive officer means a chief executive officer of an agency, as defined in the Public Sector Management Act 1994 section 3(1), seeking verification of information about a person.
(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.
[Regulation 8A inserted: SL 2021/203 r. 4; amended: SL 2023/166 r. 4.]
8.Disclosure of written‑off vehicle register information
(1)In this regulation —
corresponding WOVR means a register (however described), that is established and maintained under a law of another jurisdiction corresponding to the Road Traffic (Vehicles) Regulations 2014 Part 7;
identifier has the meaning given in the Road Traffic (Vehicles) Regulations 2014 regulation 3;
WOVR means the register mentioned in the Road Traffic (Vehicles) Regulations 2014 regulation 156.
(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 —
electric‑powered vehicle means a vehicle that is powered by 1 or more electric motors or traction motors that —
(a)are the only propulsion system for the vehicle; or
(b)are used in conjunction with another propulsion system for the vehicle;
hydrogen‑powered vehicle means a vehicle that —
(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.
[Regulation 9A inserted: SL 2024/184 r. 4.]
9.Effect of directions etc., administrative actions of other jurisdictions: s. 18
(1)In this regulation —
HVNL means the Heavy Vehicle National Law, set out in the Schedule to the Heavy Vehicle National Law Act 2012 (Queensland).
(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.
Table
|
Provision of HVNL or other law |
Effect of recognition |
|
HVNL s. 513(1) — direction to stop vehicle (to exercise powers) Traffic Regulations (Northern Territory) r. 25(1)(a) — direction to stop the vehicle (if breach of loading requirements) |
Has effect as if it were a direction given under the Road Traffic (Administration) Act 2008 s. 39(2)(a) |
|
HVNL s. 514(1) — direction to not move vehicle (to exercise powers) |
Has effect as if it were a direction given under the Road Traffic (Administration) Act 2008 s. 39(2)(b) |
|
HVNL s. 516(1) — direction to move vehicle (to exercise powers) |
Has effect as if it were a direction given under the Road Traffic (Administration) Act 2008 s. 40(2) |
|
HVNL s. 517(2) — direction to move vehicle (harm or obstruction) Traffic Regulations (Northern Territory) r. 25(1)(b) to (e) — direction about insecure loads to avoid or minimise harm |
Has effect as if it were a direction given under the Road Traffic (Administration) Act 2008 s. 41(2) |
|
HVNL s. 524(2) or (3) — direction to leave vehicle |
Has effect as if it were a direction given under the Road Traffic (Administration) Act 2008 s. 42(2) or (3) |
|
HVNL s. 526 — vehicle defect notice Motor Vehicles Act (Northern Territory) s. 128A(6) — defect notice |
Has effect as if it were a defect notice issued under the Road Traffic (Vehicles) Act 2012 s. 71(1) |
|
HVNL s. 533(2) — direction to rectify, move vehicle (minor risk breach) |
Has effect as if it were a direction given under the Road Traffic (Vehicles) Act 2012 s. 63(2) or (3) |
|
HVNL s. 533(4) — authorisation to continue journey |
Has effect as if it were an authorisation given under the Road Traffic (Vehicles) Act 2012 s. 67(2) |
|
HVNL s. 534(2) — direction about moving vehicle (substantial risk breach) |
Has effect as if it were a direction given under the Road Traffic (Vehicles) Act 2012 s. 64(2) or (5) |
|
HVNL s. 535(2) — direction about moving vehicle (severe risk breach) |
Has effect as if it were a direction given under the Road Traffic (Vehicles) Act 2012 s. 65(3) or (5) |
|
HVNL s. 568(2) — requirement for driver to produce thing |
Has effect as if it were a direction given under the Road Traffic (Administration) Act 2008 s. 56(1) |
|
HVNL s. 569(1) — requirement for responsible person to produce document |
Has effect as if it were a direction given under the Road Traffic (Administration) Act 2008 s. 56(1) |
|
HVNL s. 570(1) — requirement to give information about heavy vehicle |
Has effect as if it were a direction given under the Road Traffic (Administration) Act 2008 s. 57(1) |
|
HVNL s. 572(2) — improvement notice |
Has effect as if it were an improvement notice given under the Road Traffic (Vehicles) Act 2012 s. 78(1) |
|
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 Road Traffic (Vehicles) Act 2012 s. 81 |
|
HVNL s. 576 — clearance certificate |
Has effect as if it were a clearance certificate issued under the Road Traffic (Vehicles) Act 2012 s. 83 |
10.Effect of orders of courts, tribunals of other jurisdictions: s. 19
(1)In this regulation —
HVNL means the Heavy Vehicle National Law, set out in the Schedule to the Heavy Vehicle National Law Act 2012 (Queensland).
(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.
Table
|
HVNL provision |
Description of order |
|
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 |
11.No use of force against a person
Nothing in these regulations authorises a warden to use force against a person.
Division 2 — Warden functions for persons authorised by CEO
(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.
Table
|
Road law provision |
Description |
|
Road Traffic (Administration) Act 2008 s. 32 |
Direction to give personal details |
|
Road Traffic (Administration) Act 2008 s. 33 |
Direction to produce driver’s licence document, learner’s permit |
|
Road Traffic (Administration) Act 2008 s. 34 |
Request information to identify driver, person in charge of a vehicle |
|
Road Traffic (Administration) Act 2008 s. 39 |
Direction to stop vehicle, not move or interfere with vehicle or load |
|
Road Traffic (Administration) Act 2008 s. 52 |
Inspect vehicle for defect |
|
Road Traffic (Administration) Act 2008 s. 75 |
Give several, further directions |
|
Road Traffic (Administration) Act 2008 s. 81 |
Serve infringement notices (alleged offender) in respect of the prescribed road law offences set out in the Table to regulation 25 |
|
Road Traffic (Vehicles) Act 2012 s. 71 |
Issue defect notice and directions |
|
Road Traffic (Authorisation to Drive) Regulations 2014 r. 63(b) |
Direction to produce official document as evidence of another jurisdiction’s authorisation to drive |
|
Road Traffic (Vehicles) Regulations 2014 r. 42(2) |
Require a vehicle licence of Class B or C vehicle to be produced for inspection |
|
Road Traffic (Vehicles) Regulations 2014 r. 49 |
Require a non‑current vehicle licence to be delivered up |
|
Road Traffic (Vehicles) Regulations 2014 r. 122 |
Seizure of number plates |
|
Road Traffic (Vehicles) Regulations 2014 r. 124(1) and (3) |
Seizure of imitation plates and service of notice about disposal |
|
Road Traffic (Vehicles) Regulations 2014 r. 140 |
Seizure of trade plates |
|
Road Traffic (Vehicles) Regulations 2014 r. 476 |
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.
[Regulation 12 amended: SL 2024/201 r. 5.]
13.Transport inspection wardens
(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.
Table
|
Road law provision |
Description |
|
Road Traffic (Administration) Act 2008 s. 32 |
Direction to give personal details |
|
Road Traffic (Administration) Act 2008 s. 33 |
Direction to produce driver’s licence document, learner’s permit |
|
Road Traffic (Administration) Act 2008 s. 34 |
Request information to identify driver, person in charge of a vehicle |
|
Road Traffic (Administration) Act 2008 Pt. 4 Div. 3 |
Directions to stop, move or leave vehicles |
|
Road Traffic (Administration) Act 2008 s. 45 |
Moving unattended vehicles to exercise powers under Pt. 4 Div. 5 but not s. 55 |
|
Road Traffic (Administration) Act 2008 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 |
|
Road Traffic (Administration) Act 2008 Pt. 4 Div. 6 but not in relation to s. 55 |
Other directions in relation to MDLR compliance purposes (but not search of premises powers) |
|
Road Traffic (Administration) Act 2008 s. 75 |
Give several, further directions |
|
Road Traffic (Administration) Act 2008 s. 81 |
Serve infringement notices (alleged offender) in respect of the prescribed road law offences set out in the Table to regulation 26 |
|
Road Traffic (Vehicles) Act 2012 s. 34(2)(b) |
Direct production of copy of permit for modification |
|
Road Traffic (Vehicles) Act 2012 s. 41(2)(b) |
Direct production of copy of permit for access approval |
|
Road Traffic (Vehicles) Act 2012 Pt. 5 Div. 4 |
Determining categories of loading requirement breaches |
|
Road Traffic (Vehicles) Act 2012 Pt. 6 Div. 2 |
Directions for breaches of mass, dimension or loading requirements |
|
Road Traffic (Vehicles) Act 2012 s. 71 |
Issue defect notice and directions |
|
Road Traffic (Authorisation to Drive) Regulations 2014 r. 63(b) |
Direction to produce official document as evidence of another jurisdiction’s authorisation to drive |
|
Road Traffic (Vehicles) Regulations 2014 r. 42(2) |
Require a vehicle licence of Class B or C vehicle to be produced for inspection |
|
Road Traffic (Vehicles) Regulations 2014 r. 49 |
Require a non‑current vehicle licence to be delivered up |
|
Road Traffic (Vehicles) Regulations 2014 r. 122 |
Seizure of number plates |
|
Road Traffic (Vehicles) Regulations 2014 r. 124(1) and (3) |
Seizure of imitation plates and service of notice about disposal |
|
Road Traffic (Vehicles) Regulations 2014 r. 140 |
Seizure of trade plates |
|
Road Traffic (Vehicles) Regulations 2014 r. 454X |
Direct production of heavy vehicle pilot licence |
|
Road Traffic (Vehicles) Regulations 2014 r. 476 |
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.
[Regulation 13 amended: Gazette 15 Nov 2016 p. 5077; SL 2024/201 r. 6.]
14.Transport investigation wardens
(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.
Table
|
Road law provision |
Description |
|
Road Traffic Act 1974 s. 102 |
Request copy of towing arrangement |
|
Road Traffic (Administration) Act 2008 Pt. 4 |
Enforcement of road laws |
|
Road Traffic (Administration) Act 2008 s. 81 |
Serve infringement notices (alleged offender) in respect of the prescribed road law offences set out in the Table to regulation 26A |
|
Road Traffic (Vehicles) Act 2012 s. 34(2)(b) |
Direct production of copy of permit for modification |
|
Road Traffic (Vehicles) Act 2012 s. 41(2)(b) |
Direct production of copy of permit for access approval |
|
Road Traffic (Vehicles) Act 2012 Pt. 5 Div. 4 |
Determining categories of loading requirement breaches |
|
Road Traffic (Vehicles) Act 2012 Pt. 6 Div. 2 |
Directions for breaches of mass, dimension or loading requirements |
|
Road Traffic (Vehicles) Act 2012 s. 71 |
Issue defect notice and directions |
|
Road Traffic (Authorisation to Drive) Regulations 2014 r. 63(b) |
Direction to produce official document as evidence of another jurisdiction’s authorisation to drive |
|
Road Traffic (Vehicles) Regulations 2014 r. 42(2) |
Require a vehicle licence of Class B or C vehicle to be produced for inspection |
|
Road Traffic (Vehicles) Regulations 2014 r. 49 |
Require a non‑current vehicle licence to be delivered up |
|
Road Traffic (Vehicles) Regulations 2014 r. 122 |
Seizure of number plates |
|
Road Traffic (Vehicles) Regulations 2014 r. 124(1) and (3) |
Seizure of imitation plates and service of notice about disposal |
|
Road Traffic (Vehicles) Regulations 2014 r. 140 |
Seizure of trade plates |
|
Road Traffic (Vehicles) Regulations 2014 r. 454X |
Direct production of heavy vehicle pilot licence |
|
Road Traffic (Vehicles) Regulations 2014 r. 476 |
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.
[Regulation 14 amended: Gazette 15 Nov 2016 p. 5077; SL 2020/231 r. 4; SL 2024/201 r. 7.]
(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.
[Regulation 14A inserted: SL 2024/201 r. 8.]
15.Wardens commencing prosecutions for offences under road laws
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.
[Regulation 15 amended: SL 2020/231 r. 5; SL 2024/201 r. 9.]
Division 3 — Warden functions for persons authorised by Commissioner of Police
16.Crossing attendant warden’s powers
(1)In this regulation —
crossing attendant warden means a person who is authorised by the Commissioner of Police under section 23 to perform one or more of the functions relating to the control of vehicles and pedestrians at children’s crossings and pedestrian crossings.
(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 —
traffic escort warden means a person who is authorised by the Commissioner of Police under section 23 to perform one or more of the functions relating to the escort and movement of oversize vehicles.
(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.
Table
|
Road law provision |
Description |
|
Road Traffic (Administration) Act 2008 s. 32 |
Direction to give personal details |
|
Road Traffic (Administration) Act 2008 s. 33 |
Direction to produce driver’s licence document, learner’s permit |
|
Road Traffic (Administration) Act 2008 s. 39 |
Direction to stop vehicle, not move or interfere with vehicle or load |
|
Road Traffic (Administration) Act 2008 s. 75 |
Give several, further directions |
|
Road Traffic (Vehicles) Act 2012 s. 34(2)(b) |
Direct production of copy of permit for modification |
|
Road Traffic (Vehicles) Act 2012 s. 41(2)(b) |
Direct production of copy of permit for access approval |
|
Road Traffic (Vehicles) Regulations 2014 r. 454X |
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 the Road 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.
[Regulation 17 amended: Gazette 15 Nov 2016 p. 5077.]
[18.Deleted: SL 2024/201 r. 10.]
Part 6 — Enforcement of road laws
For section 65(3), the form of a warrant authorising entry to premises is set out in Schedule 1.
20.Particulars for embargo notice
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.
Division 1 — Offences for which infringement notices may be served under Part 5 of Act
[Heading inserted: SL 2024/201 r. 11.]
21.Prescribed road law offences and modified penalties (s. 95(1)): Road Traffic (Administration) Act 2008
(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 Road Traffic (Administration) Act 2008 section 97(1) is also an offence in respect of which an infringement notice may be served under Part 5 of the Act: see section 98.
Table
|
Provision of Road Traffic (Administration) Act 2008 |
Description of offence |
Penalty if dealt with by infringement notice (PU) |
|
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 |
[Regulation 21 amended: Gazette 26 May 2017 p. 2637; SL 2020/231 r. 6; SL 2024/201 r. 12.]
21A.Prescribed road law offences and modified penalties (s. 95(1)): Road Traffic (Authorisation to Drive) Act 2008
(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.
[Regulation 21A inserted: SL 2024/201 r. 13.]
22.Prescribed road law offences and modified penalties (s. 95(1)): Road Traffic (Vehicles) Act 2012
(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.
Table
|
Provision of Road Traffic (Vehicles) Act 2012 |
Description of offence, circumstances |
Penalty if dealt with by infringement notice (PU) |
|
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 Road Traffic (Vehicles) Act 2012 s. 30(1) for the minimum fine for the offence |
|
s. 29(1) |
Breach of mass requirement relating to light vehicle |
The same number of PU set out in the Table to the Road Traffic (Vehicles) Act 2012 s. 30(2) for the minimum fine for the offence |
|
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 Road Traffic (Vehicles) Act 2012 s. 30(3)(b) |
|
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 Road Traffic (Vehicles) Act 2012 s. 30(3)(c) |
|
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 Road Traffic (Vehicles) Act 2012 s. 30(3)(d) |
|
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 Road Traffic (Vehicles) Act 2012 s. 36(1) |
|
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 Road Traffic (Vehicles) Act 2012 s. 30(1) for the minimum penalty for the offence that would have applied if the mass requirement (if any) had not been modified; (b)the same number of PU as are set out in the Road Traffic (Vehicles) Act 2012 s. 30(3)(b) to (d) for the minimum penalty for the offence that would have applied if the dimension requirement (if any) had not been modified |
|
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 Road Traffic (Vehicles) Act 2012 s. 39(1) |
|
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 Road Traffic (Vehicles) Act 2012 s. 39(3) |
|
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 |
[Regulation 22 amended: Gazette 26 May 2017 p. 2638; SL 2024/201 r. 14; SL 2025/20 r. 4.]
23.Prescribed road law offences and modified penalties (s. 95(1)): Road Traffic Act 1974
(1)In this regulation —
novice driver (type 1A) has the meaning given in the Road Traffic (Authorisation to Drive) Regulations 2014 regulation 4(2).
(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.
Table
|
Provision of Road Traffic Act 1974 |
Description of offence |
Penalty if dealt with by infringement notice (PU) |
|
s. 49(1) |
Driving while not authorised under the Road Traffic (Authorisation to Drive) Act 2008 Pt. 2 — in these circumstances — |
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 Road Traffic Act 1974 s. 49(3) does not apply |
|
|
s. 49(1) |
Driving while not authorised under the Road Traffic (Authorisation to Drive) Act 2008 Pt. 2 if the offence is committed by a novice driver (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 |
4 |
|
s. 50A(1) |
Failure to carry or produce document to do with authorisation other than Australian driver licence |
1 |
|
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 Road Traffic Act 1974 s. 62B(2) |
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 |
[Regulation 23 amended: Gazette 25 Nov 2016 p. 5281‑2; 26 May 2017 p. 2638; SL 2020/150 r. 4; SL 2020/231 r. 7; SL 2020/262 r. 4; SL 2021/55 r. 4; SL 2024/201 r. 15; SL 2024/237 r. 4.]
24.Prescribed road law offences and modified penalties (s. 95(1)): regulations made under road laws
(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.
Table
|
Road law |
Provision |
|
Road Traffic Code 2000 |
Pts. 3 to 20 inclusive |
|
Road Traffic (Authorisation to Drive) Regulations 2014 |
Pts. 2, 3 and 4 |
|
Road Traffic (Towing of Vehicles) Regulations 2020 |
Pt. 2 |
|
Road Traffic (Vehicles) Regulations 2014 |
Pts. 2, 3, 4, 5, 7, 8, 10, 11, 12, 13A, 14 and 16 |
[(3)deleted]
[Regulation 24 amended: Gazette 24 Jun 2016 p. 2343; 15 Nov 2016 p. 5077 SL 2020/231 r. 8; SL 2024/201 r. 16.]
Division 2 — Service of infringement notices by wardens
[Heading inserted: SL 2024/201 r. 17.]
25.Offences for which infringement notices may be served by transport wardens
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.
Table
|
Road law |
Provision |
|
Road Traffic (Administration) Act 2008 |
s. 33(2) and 44 |
|
Road Traffic (Vehicles) Act 2012 |
s. 4(2) s. 10(1), (2) and (6) s. 73(2)(a), (b) and (c) s. 75(1) and (3) |
|
Road Traffic (Authorisation to Drive) Regulations 2014 |
r. 63 |
|
Road Traffic (Vehicles) Regulations 2014 |
Pts. 2, 3, 4, 5, 7, 10, 11, 12, 14 and 16 |
[Regulation 25 amended: Gazette 24 Jun 2016 p. 2343; SL 2024/201 r. 18.]
26.Offences for which infringement notices may be served by transport inspection wardens
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.
Table
|
Road law |
Provision |
|
Road Traffic (Administration) Act 2008 |
s. 33(2), 36(2), 44 and 47(4) |
|
Road Traffic (Vehicles) Act 2012 |
All the provisions mentioned in the Table to regulation 22 |
|
Road Traffic (Authorisation to Drive) Regulations 2014 |
r. 63 |
|
Road Traffic (Vehicles) Regulations 2014 |
Pts. 2, 3, 4, 5, 7, 8,10, 11, 12, 13A, 14 and 16 |
[Regulation 26 amended: Gazette 24 Jun 2016 p. 2343; 15 Nov 2016 p. 5077; 26 May 2017 p. 2639; SL 2024/201 r. 19.]
26A.Offences for which infringement notices may be served by transport investigation wardens
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.
Table
|
Road law |
Provision |
|
Road Traffic Act 1974 |
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) |
|
Road Traffic (Administration) Act 2008 |
s. 33(2), 36(2), 44, 47(4), 61C(4), 61D(2), 61D(3), 61E(3), 71(5A), 71(7A) |
|
Road Traffic (Vehicles) Act 2012 |
All the provisions mentioned in the Table to regulation 22 |
|
Road Traffic (Authorisation to Drive) Regulations 2014 |
r. 63 |
|
Road Traffic (Towing of Vehicles) Regulations 2020 |
Pt. 2 |
|
Road Traffic (Vehicles) Regulations 2014 |
Pts. 2, 3, 4, 5, 7, 8, 10, 11, 12, 13A, 14 and 16 |
[Regulation 26A inserted: SL 2020/231 r. 9; amended: SL 2024/201 r. 20.]
[Heading inserted: SL 2024/201 r. 21.]
For the purposes of the definition of public transport offence in section 79, the prescribed road law offences are offences under the Road Traffic Code 2000 regulation 133, 133A or 157.
[Regulation 26B inserted: SL 2024/201 r. 21.]
26C.Police officers who are withdrawing officers
For the purposes of paragraph (a) of the definition of withdrawing officer in section 79, the police officers are officers who are of, or are acting at, the rank of inspector or above.
[Regulation 26C inserted: SL 2024/201 r. 21.]
26D.Payment of infringement notices by instalment
(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.
[Regulation 26D inserted: SL 2024/201 r. 21.]
[27-29.Deleted: SL 2024/201 r. 22.]
30.Persons to approve prosecution for breach of mass, dimension or loading requirement
For section 105(3A), a prosecution for an offence under the Road Traffic (Vehicles) Act 2012 section 29(1) requires the approval of a person who is —
(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.
[Regulation 30 amended: SL 2025/20 r. 5.]
31.Ascertaining mass supported on part of vehicle
(1)In this regulation —
Measurement Adjustments document means the document, as amended from time to time, entitled “Measurement Adjustments for the enforcement of mass requirements” published on the website maintained by the Commissioner of Main Roads.
(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.
31AA.Acts and omissions ascertained by visual detection equipment (s. 117(2)(d)(i))
(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.
[Regulation 31AA inserted: SL 2024/201 r. 23.]
31A.Prescribed number of days for s. 117A(2)(c) and 117G(2)(b)
For sections 117A(2)(c) and 117G(2)(b), the prescribed number of days is 365.
[Regulation 31A inserted: Gazette 3 Oct 2017 p. 5055.]
Part 9 — Review of decisions under road laws
32.Review of decisions under Road Traffic (Authorisation to Drive) Act 2008
(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.
33.Review of decisions under Road Traffic (Vehicles) Act 2012
(1)In this regulation —
reviewable decision means —
(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.
[Regulation 33 amended: Gazette 12 Jun 2015 p. 2042.]
34.Right of CEO or Commissioner of Police to be heard
(1)In this regulation —
approved officer has the meaning given in the Road Traffic (Vehicles) Act 2012 section 77;
improvement notice has the meaning given in the Road Traffic (Vehicles) Act 2012 section 77;
improvement notice decision means —
(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.
34A.Review of decisions under Road Traffic Act 1974 s. 104(3)
A person affected by a decision of the CEO to grant, or refuse to grant, an approval under the Road Traffic Act 1974 section 104(3) may apply to the State Administrative Tribunal for a review of the decision.
[Regulation 34A inserted: SL 2020/231 r. 11.]
35.Disclosure of information to prescribed persons or for road safety purposes: s. 143(3)(a)
(1)In this regulation —
data storage device means any article or material (for example, a disk) from which information is capable of being reproduced, with or without the aid of any other article or device.
(2)The fees specified in the Table to this subregulation are payable in relation to information disclosed by the CEO under section 14.
Table
|
Service |
Fee $ |
|
For searching records manually, per record |
20.45 |
|
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 |
4.55 |
|
For production of an extract of a record, per extract |
22.10 |
|
For detailed searching of current and historical information about a record, including production of supporting documentation, per search |
28.05 |
(3)The charges specified in the Table to this subregulation are payable in relation to information disclosed by the CEO under section 15.
Table
|
Service |
Fee |
|
For writing and running a program to extract records or information, per hour |
|
|
For preparing a report that compiles extracted records or information, per report |
|
[Regulation 35 amended: Gazette 29 May 2015 p. 1884‑5; 14 Jun 2016 p. 1993; 23 Jun 2017 p. 3260; 22 Jun 2018 p. 2186; 31 May 2019 p. 1723; SL 2020/74 r. 4; SL 2021/92 r. 6; SL 2022/67 r. 6; SL 2023/45 r. 19; SL 2024/58 r. 4.]
[Heading inserted: SL 2024/201 r. 24.]
36.Service of Part 5 documents (s. 100)
(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.
[Regulation 36 inserted: SL 2024/201 r. 24.]
37.Giving other records by electronic means (s. 143(3)(c))
(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.
[Regulation 37 inserted: SL 2024/201 r. 24.]
Part 12 — Transitional provision for Road Traffic (Administration) Amendment Regulations 2024
[Heading inserted: SL 2024/201 r. 24.]
(1)In this regulation —
commencement day means the day on which the Road Traffic (Administration) Amendment Regulations 2024 regulation 3 comes into operation;
existing warden means a person who, immediately before commencement day, is authorised by the CEO under section 22 to perform a function.
(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.
[Regulation 38 inserted: SL 2024/201 r. 24.]
[r. 19]
Warrant authorising entry to premises (Act s. 65)
|
Road Traffic (Administration) Act 2008 s. 65
|
Warrant authorising entry to premises |
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|
To |
All police officers and transport investigation wardens. |
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|
Application |
The applicant has applied under the Road Traffic (Administration) Act 2008 s. 63 to me, a Justice of the Peace, for a warrant authorising entry to premises. |
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|
Applicant’s details |
Full name of police officer/ transport investigation warden |
|
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|
Rank/Office held |
|
Number assigned for official purposes to applicant |
|
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|
Station/squad |
|
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|
Suspected offence(s) |
|
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|
Warrant |
This warrant authorises you to enter the premises described below using the powers in the Road Traffic (Administration) Act 2008 [s. 55 including those in s. 53(5) and 54(8)] / [s. 61B including those in s. 55 that apply under s. 61B(6)].1A This warrant must be executed in accordance with s. 66 of that Act. |
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|
Premises to be entered1 |
|
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|
Execution period2 |
This warrant must be executed within days after the date it is issued. |
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|
Issuing details |
Name of JP |
|
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|
Date |
|
Time |
|
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|
JP’s signature |
Issued by me on the above date and at the above time.
Justice of the Peace |
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|
Execution details |
Start |
Date:Time: |
End |
Date:Time: |
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|
Occupier present? Yes/No Search audiovisually recorded? Yes/No |
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|
Thing(s) seized? Yes/No |
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|
Officer in charge of execution |
Full name of police officer/ transport investigation warden |
|
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|
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)).
[Schedule 1 amended: SL 2020/231 r. 12.]
[Schedule 2 deleted: SL 2024/201 r. 25.]
This is a compilation of the Road Traffic (Administration) Regulations 2014 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.
|
Citation |
Published |
Commencement |
|
Road Traffic (Administration) Regulations 2014 |
23 Dec 2014 p. 4939‑5009 |
27 Apr 2015 (see r. 2 and Gazette 17 Apr 2015 p. 1371) |
|
Road Traffic (Administration) Amendment Regulations (No. 3) 2015 |
12 Jun 2015 p. 2041‑2 |
r. 1 and 2: 12 Jun 2015 (see r. 2(a)); |
|
Road Traffic (Administration) Amendment Regulations (No. 2) 2015 |
29 May 2015 p. 1884‑5 |
r. 1 and 2: 29 May 2015 (see r. 2(a)); |
|
Road Traffic (Administration) Amendment Regulations 2015 |
26 Jun 2015 p. 2274 |
r. 1 and 2: 26 Jun 2015 (see r. 2(a)); |
|
Road Traffic (Administration) Amendment Regulations (No. 4) 2015 |
13 Nov 2015 p. 4662 |
r. 1 and 2: 13 Nov 2015 (see r. 2(a)); |
|
Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2016 Pt. 5 |
14 Jun 2016 p. 1987‑2003 |
1 Jul 2016 (see r. 2(b)) |
|
Road Traffic Regulations Amendment Regulations 2016 Pt. 2 |
24 Jun 2016 p. 2342-3 |
1 Jul 2016 (see r. 2(b)) |
|
Road Traffic (Administration) Amendment Regulations 2016 |
20 Sep 2016 p. 3983-4 |
r. 1 and 2: 20 Sep 2016 (see r. 2(a)); |
|
Road Traffic Regulations Amendment (Pilot Vehicle Drivers) Regulations 2016 Pt. 3 |
15 Nov 2016 p. 5062-77 |
28 Nov 2016 (see r. 2(b)) |
|
Road Traffic (Administration) Amendment Regulations (No. 2) 2016 |
25 Nov 2016 p. 5280‑2 |
r. 1 and 2: 25 Nov 2016 (see r. 2(a)); |
|
Road Traffic Regulations Amendment (Penalties) Regulations 2017 Pt. 2 |
26 May 2017 p. 2636‑9 |
28 Jul 2017 (see r. 2(b)) |
|
Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2017 Pt. 4 |
23 Jun 2017 p. 3253‑78 |
1 Jul 2017 (see r. 2(b)) |
|
Road Traffic (Administration) Amendment Regulations 2017 |
3 Oct 2017 p. 5054‑5 |
r. 1 and 2: 3 Oct 2017 (see r. 2(a)); |
|
Road Traffic (Administration) Amendment Regulations 2018 |
25 May 2018 p. 1648‑9 |
r. 1 and 2: 25 May 2018 (see r. 2(a)); |
|
Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2018 Pt. 5 |
22 Jun 2018 p. 2184‑93 |
1 Jul 2018 (see r. 2(b)) |
|
Transport Regulations Amendment (Information) Regulations 2019 Pt. 2 |
29 Mar 2019 p. 972‑80 |
30 Mar 2019 (see r. 2(b)) |
|
Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2019 Pt. 4 |
31 May 2019 p. 1721‑8 |
1 Jul 2019 (see r. 2(b)) |
|
Road Traffic (Administration) Amendment Regulations (No. 2) 2019 |
31 Dec 2019 p. 4687 |
r. 1 and 2: 31 Dec 2019 (see r. 2(a)); |
|
Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2020 Pt. 2 |
SL 2020/74 9 Jun 2020 |
1 Jul 2020 (see r. 2(b)) |
|
Transport Regulations Amendment (Road Passenger Services) Regulations 2020 Pt. 2 |
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); |
|
Transport Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 2 |
SL 2020/172 25 Sep 2020 |
29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) |
|
Road Traffic Regulations Amendment (Radar Detectors) Regulations 2020 Pt. 2 |
SL 2020/150 1 Sep 2020 |
12 Oct 2020 (see r. 2(b) and SL 2020/148 cl. 2) |
|
Transport Regulations Amendment (Road Traffic) Regulations (No. 2) 2020 Pt. 2 |
SL 2020/231 4 Dec 2020 |
14 Dec 2020 (see r. 2(b) and SL 2020/229 cl. 2) |
|
Road Traffic (Administration) Amendment Regulations (No. 2) 2020 |
SL 2020/262 24 Dec 2020 |
r. 1 and 2: 24 Dec 2020 (see r. 2(a)); |
|
Road Traffic (Administration) Amendment Regulations 2021 |
SL 2021/53 7 May 2021 |
r. 1 and 2: 7 May 2021 (see r. 2(a)); |
|
Road Traffic (Administration) Amendment Regulations (No. 2) 2021 |
SL 2021/55 21 May 2021 |
r. 1 and 2: 21 May 2021 (see r. 2(a)); |
|
Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2021 Pt. 3 |
SL 2021/92 18 Jun 2021 |
1 Jul 2021 (see r. 2(c)) |
|
Transport Regulations Amendment (Digital Identity Exchange) Regulations 2021 Pt. 2 |
SL 2021/203 3 Dec 2021 |
4 Dec 2021 (see r. 2(b)) |
|
Transport Regulations Amendment (Fees and Charges) Regulations (No. 2) 2022 Pt. 3 |
SL 2022/67 3 Jun 2022 |
1 Jul 2022 (see r. 2(b)) |
|
Transport Regulations Amendment (Fees and Charges) Regulations 2023 Pt. 6 |
SL 2023/45 19 May 2023 |
1 Jul 2023 (see r. 2(c)) |
|
Transport Regulations Amendment (Identity Matching Services) Regulations 2023 Pt. 2 |
SL 2023/166 1 Nov 2023 |
2 Nov 2023 (see r. 2(b)) |
|
Transport Regulations Amendment (Fees and Charges) Regulations 2024 Pt. 2 |
SL 2024/58 1 May 2024 |
1 Jul 2024 (see r. 2(c)) |
|
Road Traffic (Administration) Amendment Regulations (No. 2) 2024 |
SL 2024/184 4 Sep 2024 |
r. 1 and 2: 4 Sep 2024 (see r. 2(a)); |
|
Road Traffic (Administration) Amendment Regulations 2024 |
SL 2024/201 2 Oct 2024 |
r. 1 and 2: 2 Oct 2024 (see r. 2(a)); |
|
Transport Regulations Amendment (Road Traffic) Regulations 2024 Pt. 2 |
SL 2024/237 27 Nov 2024 |
1 Dec 2024 (see r. 2(b)) |
|
Transport Regulations Amendment (Heavy Vehicle) Regulations 2025 Pt. 2 |
SL 2025/20 22 Jan 2025 |
23 Jan 2025 (see r. 2(b)) |
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
ABF Commissioner7(2)
approved officer34(1)
APS employee7(1)
Chief of Defence7(2)
commencement day38(1)
corresponding WOVR8(1)
crossing attendant warden16(1)
data storage device35(1)
Department of the Premier and Cabinet8A(1)
digital identity exchange8A(1)
electric-powered vehicle9A(1)
existing warden38(1)
HVNL9(1), 10(1)
hydrogen-powered vehicle9A(1)
identifier8(1)
improvement notice34(1)
improvement notice decision34(1)
LG CEO7(2)
Measurement Adjustments document31(1)
novice driver (type 1A)23(1)
PA CEO7(2)
parking warden3
pedalec4(1)
prescribed road law offence3
relevant information8A(1)
relying chief executive officer8A(1)
reviewable decision33(1)
section3
traffic escort warden17(1)
transport inspection warden3
transport investigation warden3
transport warden3
WOVR8(1)
© State of Western Australia 2025. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: GEOFF O. LAWN, Government Printer