Transport Regulations Amendment (Road Traffic) Regulations 2024 00-00-00 Xml

Western Australia

Transport Regulations Amendment (Road Traffic) Regulations 2024

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

Part 2 — Road Traffic (Administration) Regulations 2014 amended

3.Regulations amended2

4.Regulation 23 amended2

Part 3 — Road Traffic (Authorisation to Drive) Regulations 2014 amended

5.Regulations amended3

6.Regulation 10 amended3

7.Regulation 11 inserted3

11.Novice driver (type 1A) number of passengers restrictions3

8.Regulation 65 amended5

9.Regulation 75 amended5

10.Part 8 heading amended7

11.Part 8 Division 1 heading inserted7

Division 1 — Transitional provisions for Road Traffic (Authorisation to Drive) Regulations 2014

12.Regulation 82 amended7

13.Regulation 83 amended7

14.Part 8 Division 2 inserted8

Division 2 — Transitional provision for Transport Regulations Amendment (Road Traffic) Regulations 2024

94.Transitional provision for novice driver (type 1A) number of passengers restrictions8

Road Traffic (Administration) Act 2008
Road Traffic (Authorisation to Drive) Act 2008

Transport Regulations Amendment (Road Traffic) Regulations 2024

Made by the deputy of the Governor in Executive Council.

Part 1 — Preliminary

1.Citation

These regulations are the Transport Regulations Amendment (Road Traffic) Regulations 2024.

2.Commencement

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.

Part 2 — Road Traffic (Administration) Regulations 2014 amended

3.Regulations amended

This Part amends the Road Traffic (Administration) Regulations 2014.

4.Regulation 23 amended

In regulation 23 in the Table:

(a)in the 1st 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 2nd 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

Part 3 — Road Traffic (Authorisation to Drive) Regulations 2014 amended

5.Regulations amended

This Part amends the Road Traffic (Authorisation to Drive) Regulations 2014.

6.Regulation 10 amended

In regulation 10(2) after “motor vehicle” insert:

on a road

7.Regulation 11 inserted

After regulation 10 insert:

11.Novice driver (type 1A) number of passengers restrictions

(1)In this regulation —

additional passenger, in relation to a motor vehicle, means each passenger carried in the motor vehicle other than the permitted passenger;

employment includes both paid and unpaid employment;

immediate family, in relation to a person, means a spouse, de facto partner, child, step‑child, grandchild, step‑grandchild, sibling, half‑sibling, step‑sibling, parent, step‑parent, grandparent or step‑grandparent of the person.

(2)In this regulation, despite the definition of passenger in the Road 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 Road Traffic Act 1974 s. 49(3) applies, if the driving is by a novice driver (type 1A) and the offence —
	(a)occurs between midnight and the following 5 a.m.	2
	(b)relates to the number of passengers carried in a motor vehicle	2

9.Regulation 75 amended

(1)Before regulation 75(1) insert:

(1A)In this regulation —

motor vehicle offence means an offence under a road law of which the driving of a motor vehicle on a road is an element.

(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 “relating to Road Traffic (Authorisation to Drive) Regulations 2014”.

11.Part 8 Division 1 heading inserted

At the beginning of Part 8 insert:

Division 1 — Transitional provisions for Road Traffic (Authorisation to Drive) Regulations 2014

12.Regulation 82 amended

In regulation 82 delete “Part —” and insert:

Division —

13.Regulation 83 amended

In regulation 83 delete “Part” and insert:

Division

14.Part 8 Division 2 inserted

At the end of Part 8 insert:

Division 2 — Transitional provision for Transport Regulations Amendment (Road Traffic) Regulations 2024

94.Transitional provision for novice driver (type 1A) number of passengers restrictions

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 Transport Regulations Amendment (Road Traffic) Regulations 2024 came into operation.

N. HAGLEY, Clerk of the Executive Council

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.

By Authority: GEOFF O. LAWN, Government Printer