Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person
who —
(a)
drives a motor vehicle on a road while not authorised under Part IVA to
do so; or
(b)
employs or permits another person to drive a motor vehicle as described in
paragraph (a),
commits an offence.
Penalty:
(a)
unless subsection (3) applies —
(i)
for a first offence, 6 PU;
(ii)
for a subsequent offence, 12 PU;
(b) if
subsection (3)(d), but no other paragraph of subsection (3),
applies —
(i)
a fine of not less than 4 PU or more than 30 PU; and
(ii)
imprisonment for not more than 12 months,
and the court may
order that the offender be disqualified from holding or obtaining a
driver’s licence for a period of not more than 3 years;
(c) if
subsection (3)(a), (b), or (c) applies —
(i)
for a first offence, a fine of not less than 8 PU or
more than 40 PU, and imprisonment for not more than 12 months;
(ii)
for a subsequent offence, a fine of not less than 20
PU or more than 80 PU, and imprisonment for not more than 18 months,
and the court shall
order that the offender be disqualified from holding or obtaining a
driver’s licence for a period of not less than 9 months and not
more than 3 years.
(2) It is a defence to
a charge of an offence under subsection (1) to prove that the motor
vehicle was driven in accordance with —
(a)
regulations referred to in section 44(1); or
(b) a
necessity permit under section 49A.
(3) If an offence
under subsection (1)(a) is committed by a person —
(a) who
has applied for, but has been refused, an Australian driver licence of a kind
required; or
(b) who
has never held an Australian driver licence of a kind required and is
disqualified from holding or obtaining an Australian driver licence of a kind
required other than for the reason described in paragraph (d) or who has
held an Australian driver licence of a kind required but ceased to hold the
licence of that kind most recently held other than —
(i)
because the person voluntarily surrendered the licence
most recently held or it expired; or
(ii)
for the reason described in paragraph (d);
or
(c)
whose authority to drive, whether under an Australian driver licence or
otherwise, is for the time being suspended other than for the reason described
in paragraph (d); or
(d) who
is no longer authorised to drive because of penalty enforcement laws, as
described in subsection (9),
a member of the Police
Force may, without a warrant, arrest the person.
(4) A person who would
only come within a description in subsection (3)(a), (b), or (c) because
of a decision for the review of which an application had been made to the
State Administrative Tribunal is excluded from that description if the
application had been made, but not determined, when the offence under
subsection (1)(a) was committed.
(5) If a person to
whom the Director General has been ordered under section 76(3) to grant
an extraordinary licence commits an offence under
subsection (1)(a) —
(a)
before the extraordinary licence is granted; or
(b) when
the extraordinary licence has expired and has not been renewed,
neither the order nor
any extraordinary licence granted affects subsection (3).
(6) An offence under
subsection (1) is a subsequent offence if the offender has previously
been convicted of any offence under that subsection as in force at any time,
except that, if subsection (3)(a), (b), or (c) applies to an offence
under subsection (1)(a), the offence is a subsequent offence only if the
person has previously been convicted of a relevant offence.
(7) In
subsection (6) —
relevant offence means —
(a) an
offence under subsection (1)(a) as in force after the commencement of
section 7 of the Road Traffic Amendment Act 2006 1 being an
offence to which subsection (3)(a), (b), or (c) applied; or
(b) an
offence under subsection (1)(a) as in force at a time before the
commencement of section 7 of the Road Traffic Amendment Act 2006
1 being an offence that would have been taken into account in
determining whether another offence committed before that commencement, in
circumstances mentioned in section 49(2)(a)(ii) or (iii) or (2)(b) as
then in force, would have been a first or subsequent offence.
(8) A period of
disqualification ordered under subsection (1) is cumulative
upon —
(a) any
other period of disqualification to which the person may then be subject; or
(b) any
period for which the operation of a driver’s licence held by the person
may currently be suspended.
(9) When
subsection (3)(d) refers to a person who is no longer authorised to drive
because of penalty enforcement laws, it means that the person —
(a) has
been disqualified from holding or obtaining a driver’s licence under
section 19 or 43 of the Fines, Penalties and Infringement Notices
Enforcement Act 1994 ; or
(b) is
the subject of any disqualification or suspension under a law of another
jurisdiction that is prescribed to be a corresponding law for the purposes of
this subsection.
[Section 49 inserted by No. 54 of 2006
s. 7.]