ROAD TRAFFIC (ADMINISTRATION) ACT 2008

Western Australian Current Acts

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ROAD TRAFFIC (ADMINISTRATION) ACT 2008

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

Division 1 -- General

1. Short title
2. Commencement
3. Crown bound

Division 2 -- Terms used in road laws

4. Terms used in road laws
5. Owner of vehicle
6. Person responsible for vehicle
7. Abbreviations

PART 2 -- Administration -- general matters

8. Delegation of CEO’s functions
9. Delegation of functions of Commissioner of Police
10. Delegation of functions of Commissioner of Main Roads
11. Agreements for performance of functions
12. Exchange of information between CEO and Commissioner of Police
13A. Exchange of information between CEO and other authorities
13B. Disclosure of information to Commissioner of Main Roads
13C. Disclosure of information in compliance with request under Fines, Penalties and Infringement Notices Enforcement Act 1994
13D. Disclosure of incident information to ICWA
13E. Disclosure of incident information to involved persons
13. Disclosure of information to corresponding authorities
14. Disclosure of information to prescribed persons
15. Disclosure of information for road safety purposes
16A. Disclosure of information for purposes of Personal Property Securities Act 2009 (Commonwealth)
16B. Disclosure of information with consent
16C. Disclosure by means of automated system
16. Information about new motor vehicles
17. Reciprocal powers of officers
18. Effect of directions etc., administrative actions of other jurisdictions
19. Effect of court orders of other jurisdictions
20. Funds to which charges and fees credited

PART 3 -- Wardens and police officers

21. Terms used
22. CEO may authorise persons to perform certain warden functions
23. Commissioner of Police may authorise persons to perform certain warden functions
24. Powers of wardens
25. Identification cards
26. Production of identification
27. Return of identification cards

PART 4 -- Enforcement of road laws

Division 1 -- Terms used in this Part

28. Terms used
29. Qualified, fit or authorised to drive or run engine
30. Unattended vehicle
31. Broken down vehicle

Division 2A -- When person taken to be instructor or in charge of vehicle

32A. Circumstances in which person taken to be instructor or in charge of motor vehicle

Division 2 -- General obligations

32. Giving name, address etc.
33. Production of driver’s licence document, learner’s permit
34. Duty to identify offending driver or person in charge of vehicle
35. Duty to take reasonable measures to be able to comply with identity request
36. Other offences
37. Manner of giving directions etc. under this Division

Division 3 -- Directions to stop, move or leave vehicles

38. Vehicles and drivers to which this Division applies
39. Direction to stop vehicle: to enable exercise of other powers
40. Direction to move vehicle: to enable exercise of other powers
41. Direction to move vehicle: where danger or obstruction
42. Direction to leave vehicle
43. Manner of giving directions under this Division
44. Directions to be complied with

Division 4 -- Power to move vehicles

45. Moving unattended vehicle to exercise Division 5 powers
46. Moving unattended or broken down vehicle where danger or obstruction
47. Moving vehicles parked without authority in certain areas
48. Moving vehicles involved in offence
49. Removal of other unattended vehicles
50. Authorisation of responsible person not required

Division 5 -- Powers of inspection and search for MDLR compliance purposes

51. Residential purposes
52. Inspection of vehicles on roads, in public places or certain official premises
53. Search of vehicles on roads, in public places or certain official premises
54. Inspection of premises
55. Search of premises

Division 6 -- Other directions in relation to MDLR compliance purposes

56. Direction to produce records, devices or other things
57. Direction to provide information
58. Direction to provide reasonable assistance for powers of inspection and search
59. Provisions relating to running engine
60. Manner of giving directions under this Division
61. Directions to state when to be complied with

Division 6A -- Powers of inspection and search for RTA Part 6A compliance purposes

61A. Inspection of premises
61B. Search of premises

Division 6B -- Other directions in relation to RTA PART 6A compliance purposes

61C. Direction to produce records, devices or other things
61D. Direction to provide information
61E. Direction to provide reasonable assistance for powers of inspection and search
61F. Directions under this Division

Division 7 -- Warrants to enter premises for MDLR compliance purposes or RTA Part 6A compliance purposes

62. Terms used
63. Warrant, grounds for application
64. Warrant, manner of application
65. Warrant, issue of
66. Warrant, duration and execution of

Division 8 -- Other provisions regarding inspections and searches for MDLR compliance purposes or RTA Part 6A compliance purposes

67. Use of assistants and equipment
68. Use of equipment to examine or process things
69. Use or seizure of electronic equipment

Division 9 -- Other provisions regarding seizure for MDLR compliance purposes or RTA Part 6A compliance purposes

70. Seized material: receipts, copies, access to originals
71. Embargo notices

Division 10 -- Miscellaneous

72. Power to use force against persons to be exercised only by police officers
73. Consent
74. Occupier’s rights
75. Directions may be given under more than one provision
76. Defence of compliance with direction
77. Restoring vehicle or premises to original condition after action taken
78. Providing evidence to other authorities

PART 5 -- Infringement notices

Division 1 -- Infringement notices generally

79. Infringement notices
80. Service of infringement notices
81. Infringement notices for not applying for transfer of vehicle licence
82. Declining to be dealt with under this Division
83. Withdrawal of infringement notices
84. Effect of payment of prescribed penalty
85. Regulations as to infringement notices

Division 2 -- Infringement notices left on vehicles

86. Circumstances in which infringement notices can be left on vehicles
87. If more than one responsible person
88. Effect of leaving infringement notice on vehicle
89. Contents of infringement notices left on vehicles

Division 3 -- Infringement notices served on responsible persons

90. Terms used
91. Service of infringement notice on responsible person if identity of alleged offender not known
92. If more than one responsible person
93. If photographic evidence not included with infringement notice
94. Responsible person presumed to be driver in certain circumstances
95. Contents of infringement notices served on responsible persons
96. Statutory declarations: requirements as to delivery etc.

Division 4 -- Notices requesting information from responsible persons

97. Term used: period for complying
98. Notices requesting information
99. If photographic evidence not included with notice
100. Offence of failing to provide information, statutory declaration
101. Withdrawal of notices
102. Contents of notices
103. Statutory declarations: requirements as to delivery etc.
104. Notice under s. 98 or 99 may become an infringement notice

PART 6 -- Prosecutions

Division 1 -- Commencing prosecutions

105. Who may commence prosecution
106. When prosecution can be commenced
107. Limitation on period for which previous offences taken into account
108. Production of licences, permits at hearings

Division 2 -- Evidentiary provisions

109. Averments etc. in prosecution notices
110. Certificate evidence
111. Proof of authority of warden, vehicle examiner
112. Ascertainment of mass by weighbridge
113. Ascertainment of mass by loadmeter etc.
114. Ascertainment of mass by reference to manufacturer’s specifications
115. Evidence regarding manufacturer’s ratings
116. Proof of appointments and signatures unnecessary
117. Certain measuring equipment
117A. Evidentiary provisions for images recorded by speed measuring and recording equipment
117B. Evidence of average speed as actual speed
117C. Average speed detection systems
117D. How average speed is to be calculated
117E. How average speed limit is to be calculated
117F. Evidence of, proceedings for, certain matters related to evidence of average speed
117G. Evidentiary provisions for images recorded by average speed detection systems
117H. Certificate evidence as to shortest practicable distance
117I. Certificate, image copies to be given before proceedings
118. Proof of transport, journey documentation
119. Bodies corporate or employers, conduct on behalf of
120. Burden of proof where load falls off vehicle

Division 3 -- Sentencing matters

121. Minimum fines
122. Penalties for bodies corporate

PART 7 -- Damage to road infrastructure

123. Terms used
124. Compensation orders for damage to road infrastructure in consequence of MDLR offences
125. Assessment of compensation
126. Service of certificates
127. Limits on amount of compensation
128. Costs
129. Enforcement of compensation order and costs
130. Relationship with orders or awards of other courts and tribunals
131. Liability for damage to road infrastructure
132. Road authority may recover expenses of damage caused by heavy traffic

PART 8 -- Miscellaneous

133. Review of decisions under road laws
134. Amendment or revocation of directions or conditions
135. Protection from liability for wrongdoing
136. Protection of people testing or examining or giving certain information
137. Liability of director etc. of body corporate that is owner of vehicle
138. Contracting out prohibited
139. Temporary suspension of road law
140. Confusing lights affecting traffic on roads
141. Closure of roads
142. Liability under other laws
143A. Confidentiality of information
143. Regulations
144. Minister’s declarations to apply regulations to areas other than roads etc.
145. Minister’s declarations that specified regulations do not apply to specified persons or vehicles
146. Regulations may refer to published documents

PART 9 -- Transitional and consequential provisions

Division 1 -- Transitional provisions arising from certain amendments made by the Road Traffic Legislation Amendment Act 2012

Subdivision 1 -- Transitional provisions arising from certain amendments made to the Road Traffic Act 1974 by the Road Traffic Legislation Amendment Act 2012

147. Terms used
148. Application of Interpretation Act 1984
149. Notices by which person nominated as vehicle owner
150. Notices as to corresponding laws about persons responsible for vehicle
151. Delegations and approvals
152. Agreements as to Director General’s functions
153. Use of certain particulars
154. Applications for grant or transfer of vehicle licences
155. Notices and delegations as to temporary suspension of laws
156. Agreements as to expenses for repairing damage to roads caused by heavy traffic
157. Unauthorised parking areas
158. Confusing lights affecting traffic on roads
159. Closure of roads
160. Notices, certificates and delegations as to evidence about measuring equipment
161. Infringement notices
162. Notices requesting information
163. Minister’s declarations to apply regulations to areas other than roads etc.
164. Transitional regulations

Subdivision 2 -- Transitional provisions arising from amendments made to other written laws by the Road Traffic Legislation Amendment Act 2012

165. Transitional regulations for laws other than road laws

Division 2 -- Transitional provisions arising from certain amendments made by the Road Traffic Legislation Amendment Act 2016

166. Terms used
167. Approval of apparatus for ascertaining vehicle speed
168. Approval of apparatus for ascertaining distances on roads
169. Certain authorised persons to be authorised persons for speed measuring and recording equipment, average speed detection systems
Defined terms

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