Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person to whom
this subsection applies who drives or attempts to drive a motor vehicle while
having a blood alcohol content of or above 0.02g of alcohol per 100ml of blood
commits an offence.
Penalty: Not less than 3 PU or more than 6
PU; and, in any event, the court convicting a person shall order that he be
disqualified from holding or obtaining a driver’s licence for a period
of not less than 3 months.
(2)
Subsection (1) applies to a person who —
(a) is a
novice driver as defined in section 104(2); or
[(b) deleted]
(c) is
subject to an order disqualifying the person from holding or obtaining a
driver’s licence imposed for an offence against section 63 or 67,
or for a second or subsequent offence against section 64, committed after
the commencement of the Road Traffic Amendment Act 1997 1 ; or
(d) does
not hold a driver’s licence because it has been cancelled under
section 75(2a) or (2b) as a result of an order disqualifying the person
from holding or obtaining a driver’s licence imposed on the person upon
being convicted of an offence committed after the commencement of the Road
Traffic Amendment Act 1997 1 ; or
(e)
holds an extraordinary licence; or
(f) is a
recently disqualified driver.
(3) For the purpose of
subsection (2), a person is a recently disqualified driver if, within the
last 3 years, the person —
(a) has
ceased to be subject to; or
(b) has
been granted a driver’s licence in a case where the person did not hold
a driver’s licence because it had been cancelled under
section 75(2a) or (2b) as a result of,
an order disqualifying
the person from holding or obtaining a driver’s licence imposed for an
offence against section 63 or 67, or for a second or subsequent offence
against section 64, committed after the commencement of the Road Traffic
Amendment Act 1997 1 .
(4) A person who
drives or attempts to drive a motor vehicle to which this subsection applies
while having a blood alcohol content of or above 0.02g of alcohol per 100ml of
blood commits an offence.
Penalty: not less than 3 PU or more than 6 PU;
and, in any event, the court convicting a person shall order that the person
be disqualified from holding or obtaining a driver’s licence for a
period of not less than 3 months.
(4A)
Subsection (4) does not apply to a person who drives or attempts to drive
a motor vehicle described in subsection (5)(a) or (d) if the
person —
(a) is a
person of a class prescribed by the regulations for the purposes of this
paragraph; and
(b) is
driving or attempting to drive the vehicle in the course of responding to an
incident as defined in the Fire and Emergency Services Authority of Western
Australia Act 1998 section 3.
(5)
Subsection (4) applies to a motor vehicle —
(a) that
is equipped to seat more than 12 adult persons (including the driver), if, at
the relevant time, the vehicle is carrying passengers, whether or not the
passengers are being carried for hire or reward; or
(b) that
is an omnibus as defined in the Transport Co-ordination Act 1966
section 4(1), but is not a vehicle referred to in paragraph (a), if,
at the relevant time, the vehicle is carrying passengers for hire or reward;
or
(c) on
which taxi plates issued under the Taxi Act 1994 are being used, or in
respect of which a taxi-car licence has been issued under the
Transport Co-ordination Act 1966 Part IIIB, if, at the relevant
time, the vehicle is carrying passengers for hire or reward; or
(d) that
has a gross combination mass exceeding 22.5 tonnes; or
(e) that
is of a class prescribed by the regulations for the purposes of this
paragraph, if, at the relevant time, the vehicle is being used to transport
dangerous goods as defined in the Dangerous Goods Safety Act 2004
section 3(1).
(6) For the purposes
of subsection (5)(d) —
gross combination mass means the greatest possible
sum of the maximum loaded mass of the motor vehicle and of any vehicles that
may lawfully be towed by it at one time —
(a) as
specified by the motor vehicle’s manufacturer; or
(b) as
specified by the relevant authority if —
(i)
the manufacturer has not specified the sum of the maximum
loaded mass; or
(ii)
the manufacturer cannot be identified; or
(iii)
the motor vehicle has been modified to the extent that
the manufacturer’s specification is no longer appropriate;
relevant authority means —
(a) if
the motor vehicle has never been licensed or registered but is used or is
intended to be used in this State — the Director General; or
(b) if
the motor vehicle was last licensed in this State — the Director
General; or
(c) if
the motor vehicle was last licensed or registered in another State or a
Territory — the authority in that State or Territory whose
functions most nearly correspond to those of the Director General.
(7) A person charged
with an offence against subsection (1) may, instead of being convicted of
that offence, be convicted of an offence against section 64AAA(1).
(8) A person charged
with an offence against subsection (4) may, instead of being convicted of
that offence, be convicted of an offence against section 64AAA(2).
[Section 64A inserted by No. 82 of 1982
s. 13; amended by No. 11 of 1988 s. 22; No. 13 of 1992
s. 10; No. 50 of 1997 s. 8; No. 28 of 2001 s. 23(2);
No. 54 of 2006 s. 17(1) and (2); No. 39 of 2007 s. 8 and 34;
No. 14 of 2011 s. 8.]