Road Safety Council Act 2002
Road Traffic Act 1974
Road Safety Regulations Amendment Regulations 2025
Road Safety Council Act 2002
Road Traffic Act 1974
Road Safety Regulations Amendment Regulations 2025
Western Australia
Road Safety Regulations Amendment Regulations 2025
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
Part 2 — Road Safety Council (Specified Offences) Regulations 2002 amended
3.Regulations amended2
4.Regulation 3 replaced2
3.Specified offences (Act s. 12(7))2
Part 3 — Road Traffic Code 2000 amended
Division 1 — Regulations amended
5.Regulations amended3
Division 2 — Amendments commencing day after publication day
6.Regulation 18A amended3
7.Regulation 285A amended4
8.Regulation 285B deleted5
Division 3 — Amendments commencing 31 March 2025
9.Regulation 9 amended5
10.Regulation 231A inserted6
231A.When seatbelt is properly adjusted and securely fastened6
11.Regulation 232A inserted7
232A.Driver responsible for passengers7
12.Regulation 233 amended7
13.Regulation 234 amended7
14.Regulation 235 amended8
15.Regulation 235A amended8
16.Regulation 241 amended8
17.Regulation 284 amended9
18.Regulation 285 amended9
Road Safety Council Act 2002
Road Traffic Act 1974
Road Safety Regulations Amendment Regulations 2025
Made by the Governor in Executive Council.
These regulations come into operation as follows —
(a)Part 1 — on the day on which these regulations are published on the WA legislation website (publication day);
(b)Part 3 (other than Division 3) — on the day after publication day;
(c)the rest of the regulations — on 31 March 2025.
Part 2 — Road Safety Council (Specified Offences) Regulations 2002 amended
This Part amends the Road Safety Council (Specified Offences) Regulations 2002.
Delete regulation 3 and insert:
3.Specified offences (Act s. 12(7))
Section 12(2)(a) of the Act applies to an offence under —
(a)the Road Traffic (Administration) Act 2008 section 97(1); and
(b)each of the following provisions of the Road Traffic Code 2000 —
(i)regulation 11(1), (2), (3), (4), (5), (6) and (7);
(ii)regulation 12(1);
(iii)regulation 13(2), (3) and (4);
(iv)regulation 14;
(v)regulation 16;
(vi)regulation 40(1) and (2);
(vii)regulation 131(1) and (3);
(viii)regulation 232(2);
(ix)regulation 232A(1);
(x)regulation 265(2).
Part 3 — Road Traffic Code 2000 amended
Division 1 — Regulations amended
This Part amends the Road Traffic Code 2000.
Division 2 — Amendments commencing day after publication day
(1)In regulation 18A(1) insert in alphabetical order:
visual detection equipment has the meaning given in the Road Traffic (Administration) Act 2008 section 117(1).
(2)In regulation 18A(1) in the definition of speed measuring and recording equipment delete “117(1).” and insert:
117(1);
(3)In regulation 18A(2) and (3) delete “recording equipment” and insert:
recording equipment, visual detection equipment
(4)After regulation 18A(4)(a) insert:
(aa)visual detection equipment; or
Note: The heading to amended regulation 18A is to read:
Evasive action in relation to speed cameras or other detection equipment
(1)In regulation 285A(1) in the definition of approved equipment:
(a)in paragraph (c) delete “117(1).” and insert:
117(1); or
(b)after paragraph (c) insert:
(d)visual detection equipment, as defined in the Road Traffic (Administration) Act 2008 section 117(1).
(2)In regulation 285A(2):
(a)in paragraph (a) delete “operation” and insert:
installation, operation, maintenance or cleaning
(b)in paragraph (b) delete “operate” and insert:
install, operate, maintain or clean (as applicable)
(c)in the Table in the row relating to regulation 141 delete “or parking”;
(d)in the Table after the row relating to regulation 142 insert:
|
r. 143(2) |
Stopping within 20 m of an intersection with traffic-control signals |
(e)in the Table after the row relating to regulation 150 insert:
|
r. 158 |
Stopping in a shared zone |
(f)in the Table after the row relating to regulation 195 insert:
|
r. 201(1) |
Person obstructing pedestrians or vehicles on a path or carriageway |
Delete regulation 285B.
Division 3 — Amendments commencing 31 March 2025
In regulation 9(4):
(a)delete “regulation 24(2)” and insert:
regulation 24
(b)before “penalties” insert:
modified
At the end of Part 16 Division 1 insert:
231A.When seatbelt is properly adjusted and securely fastened
(1)For the purposes of this Part, a lap and sash type seatbelt is properly adjusted and securely fastened in relation to a person if —
(a)the seatbelt is secured in the buckle; and
(b)the lap portion of the seatbelt is sitting low and firmly over the person’s hips; and
(c)the sash portion of the seatbelt —
(i)is positioned firmly over the person’s shoulder furthest from the secured buckle; and
(ii)is not under the person’s arm furthest from the secured buckle or behind the person’s back.
(2)For the purposes of this Part, a lap only type seatbelt is properly adjusted and securely fastened in relation to a person if —
(a)the seatbelt is secured in the buckle; and
(b)the seatbelt is sitting low and firmly over the person’s hips.
(3)Nothing in this regulation affects how a seatbelt that is not a lap and sash type seatbelt or a lap only type seatbelt may be properly adjusted and securely fastened in relation to a person.
After regulation 232 insert:
232A.Driver responsible for passengers
(1)The driver of a motor vehicle (other than a motor cycle) that is moving, or is stationary but not parked, must ensure that each passenger in or on the vehicle complies with the requirements in regulation 233 or 234 that are applicable to the passenger.
Points and modified penalty: see regulation 235A.
(2)It is a defence to a charge of an offence under subregulation (1) to prove that —
(a)the passenger had reached 16 years of age; and
(b)the vehicle was a passenger transport vehicle.
(1)Delete regulation 233(3).
(2)In regulation 233 delete the note.
(1)Delete regulation 234(1) and insert:
(1)This regulation states, for the purposes of regulation 232A(1), the requirements that apply to a passenger in or on a motor vehicle who is under 16 years of age.
(2)In regulation 234(8) delete “(5) and (6)” and insert:
(5), (6) and (7)
(3)In regulation 234 delete the note.
In regulation 235(4) and (6A) delete “234(1)” and insert:
232A(1)
In regulation 235A(2) in the Table and (3) in the Table delete “r. 233(3) or 234(1)” (each occurrence) and insert:
r. 232A(1)
In regulation 241(1) and (3) delete “234(1)” and insert:
232(2), 232A(1) or 233(2)
(1)In regulation 284(3) delete “Regulations 233 and 234 do” and insert:
Regulation 232A(1) does
(2)In regulation 284(4)(a) and (b) delete “the driver of, or passengers on or in,” and insert:
passengers on or in
In regulation 285(2) in the Table:
(a)after the row relating to regulation 232(2) insert:
|
Regulation 232A(1) (Driver responsible for passengers) |
(b)delete the rows relating to regulations 233(3) and 234(3).
K. COLLERAN, Clerk of the Executive Council
© 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