Western Australia: Road Traffic (Administration) Act 2008 (WA)

Western Australia Road Traffic (Administration) Act 2008 Western Australia Road Traffic (Administration) Act 2008 Contents Part 1 — Preliminary Division 1 — General 1. Short title 1 2. Commencement 1 3. Crown bound 1 Division 2 — Terms used in road laws 4. Terms used in road laws 1 5. Owner of vehicle 1 6. Person responsible for vehicle 1 7. Abbreviations 1 Part 2 — Administration — general matters 8. Delegation of CEO's functions 1 9. Delegation of functions of Commissioner of Police 1 10. Delegation of functions of Commissioner of Main Roads 1 11. Agreements for performance of functions 1 12. Exchange of information between CEO and Commissioner of Police 1 13A. Exchange of information between CEO and other authorities 1 13B. Disclosure of information to Commissioner of Main Roads 1 13C. Disclosure of information in compliance with request under Fines, Penalties and Infringement Notices Enforcement Act 1994 1 13D. Disclosure of incident information to ICWA 1 13E. Disclosure of abridged incident information to involved persons 1 13. Disclosure of information to corresponding authorities 1 14. Disclosure of information to prescribed persons 1 15. Disclosure of information for road safety purposes 1 16A. Disclosure of information for purposes of Personal Property Securities Act 2009 (Commonwealth) 1 16B. Disclosure of information with consent 1 16C. Disclosure by means of automated system 1 16. Information about new motor vehicles 1 17. Reciprocal powers of officers 1 18. Effect of directions etc., administrative actions of other jurisdictions 1 19. Effect of court orders of other jurisdictions 1 20. Funds to which charges and fees credited 1 Part 3 — Wardens and police officers 21. Terms used 1 22. CEO may authorise persons to perform certain warden functions 1 23. Commissioner of Police may authorise persons to perform certain warden functions 1 24. Powers of wardens 1 25. Identification cards 1 26. Production of identification 1 27. Return of identification cards 1 Part 4 — Enforcement of road laws Division 1 — Terms used in this Part 28. Terms used 1 29. Qualified, fit or authorised to drive or run engine 1 30. Unattended vehicle 1 31. Broken down vehicle 1 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 1 Division 2 — General obligations 32. Giving name, address etc. 1 33. Production of driver's licence document, learner's permit 1 34. Duty to identify offending driver or person in charge of vehicle 1 35. Duty to take reasonable measures to be able to comply with identity request 1 36. Other offences 1 37. Manner of giving directions etc. under this Division 1 Division 3 — Directions to stop, move or leave vehicles 38. Vehicles and drivers to which this Division applies 1 39. Direction to stop vehicle: to enable exercise of other powers 1 40. Direction to move vehicle: to enable exercise of other powers 1 41. Direction to move vehicle: where danger or obstruction 1 42. Direction to leave vehicle 1 43. Manner of giving directions under this Division 1 44. Directions to be complied with 1 Division 4 — Power to move vehicles 45. Moving unattended vehicle to exercise Division 5 powers 1 46. Moving unattended or broken down vehicle where danger or obstruction 1 47. Moving vehicles parked without authority in certain areas 1 48. Moving vehicles involved in offence 1 49. Removal of other unattended vehicles 1 50. Authorisation of responsible person not required 1 Division 5 — Powers of inspection and search for MDLR compliance purposes 51. Residential purposes 1 52. Inspection of vehicles on roads, in public places or certain official premises 1 53. Search of vehicles on roads, in public places or certain official premises 1 54. Inspection of premises 1 55. Search of premises 1 Division 6 — Other directions in relation to MDLR compliance purposes 56. Direction to produce records, devices or other things 1 57. Direction to provide information 1 58. Direction to provide reasonable assistance for powers of inspection and search 1 59. Provisions relating to running engine 1 60. Manner of giving directions under this Division 1 Division 6A — Powers of inspection and search for RTA Part 6A compliance purposes 61A. Inspection of premises 1 61B. Search of premises 1 Division 6B — Other directions in relation to RTA Part 6A compliance purposes 61C. Direction to produce records, devices or other things 1 61D. Direction to provide information 1 61E. Direction to provide reasonable assistance for powers of inspection and search 1 61F. Directions under this Division 1 Division 7 — Warrants to enter premises for MDLR compliance purposes or RTA Part 6A compliance purposes 62. Terms used 1 63. Warrant, grounds for application 1 64. Warrant, manner of application 1 65. Warrant, issue of 1 66. Warrant, duration and execution of 1 Division 8 — Other provisions regarding inspections and searches for MDLR compliance purposes or RTA Part 6A compliance purposes 67. Use of assistants and equipment 1 68. Use of equipment to examine or process things 1 69. Use or seizure of electronic equipment 1 Division 9 — Other provisions regarding seizure for MDLR compliance purposes or RTA Part 6A compliance purposes 70. Seized material: receipts, copies, access to originals 1 71. Embargo notices 1 Division 10 — Miscellaneous 72. Power to use force against persons to be exercised only by police officers 1 73. Consent 1 74. Occupier's rights 1 75. Directions may be given under more than one provision 1 76. Defence of compliance with direction 1 77. Restoring vehicle or premises to original condition after action taken 1 78. Providing evidence to other authorities 1 Part 5 — Infringement notices and notices requesting information Division 1 — Preliminary 79. Terms used 1 80. Designating persons as designated departmental officers, issuing officers or withdrawing officers 1 Division 2 — Infringement notices Subdivision 1 — Infringement notices (alleged offender) 81. Service of infringement notice on alleged offender 1 82. Infringement notices for not applying for transfer of vehicle licence 1 Subdivision 2 — Infringement notices (vehicle) 83. Service of infringement notice on responsible person by leaving notice on vehicle 1 84. Responsible person presumed to have committed offence in certain circumstances 1 85. Effect of giving notice under s. 84 1 Subdivision 3 — Infringement notices (visual evidence) 86. Service of infringement notice on responsible person if there is visual evidence in relation to offence 1 87. Responsible person presumed to be driver in certain circumstances 1 88. Effect of giving notice under s. 87 1 Subdivision 4 — Extension infringement notices 89. Individual may apply for more time to pay modified penalty 1 90. Service of extension infringement notices 1 Subdivision 5 — General provisions in relation to infringement notices 91. General requirements for infringement notices 1 92. Effect of payment of modified penalty 1 93. Effect of election to have charge for alleged offence heard and determined by court 1 94. Withdrawal of infringement notices 1 95. Regulations relating to infringement notices 1 Division 3 — Notices requesting information 96. Service of notice requesting information 1 97. Offence of failing to provide information 1 98. Offence under s. 97(1) is prescribed road law offence 1 99. Withdrawal of notices requesting information 1 Division 4 — Miscellaneous 100. Service methods for Part 5 documents 1 101. Offence to give information known to be false 1 Part 6 — Prosecutions Division 1 — Commencing prosecutions 105. Who may commence prosecution 1 106. When prosecution can be commenced 1 107. Limitation on period for which previous offences taken into account 1 108. Production of licences, permits at hearings 1 Division 2 — Evidentiary provisions 109. Averments etc. in prosecution notices 1 110. Certificate evidence 1 111. Proof of authority of warden, vehicle examiner 1 112. Ascertainment of mass by weighbridge 1 113. Ascertainment of mass by loadmeter etc. 1 114. Ascertainment of mass by reference to manufacturer's specifications 1 115. Evidence regarding manufacturer's ratings 1 116. Proof of appointments and signatures unnecessary 1 117. Road law offence detection equipment 1 117A. Evidentiary provisions for images or video recorded by speed measuring and recording equipment or visual detection equipment 1 117B. Evidence of average speed as actual speed 1 117C. Average speed detection systems 1 117D. How average speed is to be calculated 1 117E. How average speed limit is to be calculated 1 117F. Evidence of, proceedings for, certain matters related to evidence of average speed 1 117G. Evidentiary provisions for images recorded by average speed detection systems 1 117H. Certificate evidence as to shortest practicable distance 1 117I. Certificate, image copies to be given before proceedings 1 118. Proof of transport, journey documentation 1 119. Bodies corporate or employers, conduct on behalf of 1 120. Burden of proof where load falls off vehicle 1 Division 3 — Sentencing matters 121. Minimum fines 1 122. Penalties for bodies corporate 1 Part 7 — Damage to road infrastructure 123. Terms used 1 124. Compensation orders for damage to road infrastructure in consequence of MDLR offences 1 125. Assessment of compensation 1 126. Service of certificates 1 127. Limits on amount of compensation 1 128. Costs 1 129. Enforcement of compensation order and costs 1 130. Relationship with orders or awards of other courts and tribunals 1 131. Liability for damage to road infrastructure 1 132. Road authority may recover expenses of damage caused by heavy traffic 1 Part 8 — Miscellaneous 133. Review of decisions under road laws 1 134. Amendment or revocation of directions or conditions 1 135. Protection from liability for wrongdoing 1 136. Protection of people testing or examining or giving certain information 1 137. Liability of director etc. of body corporate that is owner of vehicle 1 138. Contracting out prohibited 1 139. Temporary suspension of road law 1 140. Confusing lights affecting traffic on roads 1 141. Closure of roads 1 142. Liability under other laws 1 143A. Confidentiality of information 1 143. Regulations 1 144. Minister's declarations to apply regulations to areas other than roads etc. 1 145. Minister's declarations that specified regulations do not apply to specified persons or vehicles 1 146. Regulations may refer to published documents 1 146A. Approved forms must be published on website 1 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 1 148. Application of Interpretation Act 1984 1 149. Notices by which person nominated as vehicle owner 1 150. Notices as to corresponding laws about persons responsible for vehicle 1 151. Delegations and approvals 1 152. Agreements as to Director General's functions 1 153. Use of certain particulars 1 154. Applications for grant or transfer of vehicle licences 1 155. Notices and delegations as to temporary suspension of laws 1 156. Agreements as to expenses for repairing damage to roads caused by heavy traffic 1 157. Unauthorised parking areas 1 158. Confusing lights affecting traffic on roads 1 159. Closure of roads 1 160. Notices, certificates and delegations as to evidence about measuring equipment 1 161. Infringement notices 1 162. Notices requesting information 1 163. Minister's declarations to apply regulations to areas other than roads etc. 1 164. Transitional regulations 1 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 1 Division 2 — Transitional provisions arising from certain amendments made by the Road Traffic Legislation Amendment Act 2016 166. Terms used 1 167. Approval of apparatus for ascertaining vehicle speed 1 168. Approval of apparatus for ascertaining distances on roads 1 169. Certain authorised persons to be authorised persons for speed measuring and recording equipment, average speed detection systems 1 Division 3 — Transitional provisions arising from certain amendments made by the Road Traffic Legislation Amendment (Infringement Management Reform) Act 2024 170. Terms used 1 171. Infringement notices and notices requesting information served under former Part 5 1 172. Prosecutions for relevant offences must be commenced within 12 months 1 173. Authorised persons in relation to speed measuring and recording equipment data 1 174. Authorised persons in relation to average speed detection system data 1 Notes Compilation table 1 Defined terms Western Australia Road Traffic (Administration) Act 2008 An Act to provide for the administration and enforcement of the Road Traffic Act 1974, the Road Traffic (Authorisation to Drive) Act 2008 and the Road Traffic (Vehicles) Act 2012 and for other matters relating to road traffic. [Long title amended: No. 8 of 2012 s. 207.] Part 1 — Preliminary Division 1 — General 1. Short title This is the Road Traffic (Administration) Act 2008. 2. Commencement This Act comes into operation as follows: (a) sections 1 and 2 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on a day fixed by proclamation. 3. Crown bound (1) Each of the road laws binds the Crown in right of the State and, so far as the legislative power of the Parliament of the State permits, the Crown in all its other capacities. (2) Despite subsection (1), the road laws do not apply to — (a) a vehicle — (i) for the personal use of the Governor; and (ii) the use of which is authorised by the Governor; or (b) a person driving or in charge of a vehicle for the personal use of the Governor while carrying out the Governor's personal directions. Division 2 — Terms used in road laws 4. Terms used in road laws In a road law, unless the contrary intention appears — Australian driver licence has the meaning given to that term in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1); Australian driver licensing authority has the meaning given to that term in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1); Australian police officer means — (a) a police officer; or (b) a member of the police force of another jurisdiction; axle means one or more shafts, positioned in a line across a vehicle, on which one or more wheels intended to support the vehicle turn; axle group means — (a) a single axle group, namely a group of at least 2 axles in which the horizontal distance between the centres of the outermost axles is under 1 m; or (b) a tandem axle group, namely a group of at least 2 axles in which the horizontal distance between the centres of the outermost axles is at least 1 m, but not over 2 m; or (c) a twinsteer axle group, namely a group of 2 axles — (i) with single tyres; and (ii) fitted to a motor vehicle and connected to the same steering mechanism; and (iii) the horizontal distance between the centres of which is at least 1 m, but not over 2 m; or (d) a tri‑axle group, namely a group of at least 3 axles in which the horizontal distance between the centres of the outermost axles is over 2 m, but not over 3.2 m; or (e) a quad‑axle group, namely a group of 4 axles in which the horizontal distance between the centres of the outermost axles is over 3.2 m, but not over 4.9 m; bodily harm has the meaning given to that term in The Criminal Code section 1(1); business address, in relation to an individual, means the place from which that person normally works or carries on business; CEO means the chief executive officer of the department of the Public Service principally assisting in the administration of this Act; co‑driver has the meaning given to that term in section 28; Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892; condition includes a limitation or restriction; corresponding, in relation to the law of another jurisdiction and a law of this State, includes — (a) a law of the other jurisdiction that substantially corresponds to the law of this State; and (b) a law of the other jurisdiction that is declared under the regulations to be a law corresponding to the law of this State, whether or not the law corresponds, or substantially corresponds, to the law of this State; corresponding authority means — (a) a person whose functions under the law of another jurisdiction correspond or substantially correspond to any function of the CEO under a road law; or (b) a person prescribed by the regulations as the corresponding authority for another jurisdiction for the purposes of a road law; demerit points information means information contained in the demerit points register; demerit points register has the meaning given to that term in the Road Traffic (Authorisation to Drive) Act 2008 section 40; disclose includes to provide, to release and to give access to; district means a district under the Local Government Act 1995; drive includes — (a) in relation to a vehicle, to have control over the steering, movement or propulsion of the vehicle; (b) in relation to an animal, to be in control of the animal, regardless of whether the vehicle or animal is usually referred to as being ridden rather than driven; driver means any person driving a vehicle or animal; driver's licence has the meaning given to that term in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1); driver's licence information means information about driver's licences including — (a) details of the persons who have made applications for or in relation to those licences; and (b) details of the persons who hold or have held those licences; and (c) information contained in the driver's licence register, but not including photographs and signatures provided to the CEO under the Road Traffic (Authorisation to Drive) Act 2008 Part 2; driver's licence register means the register mentioned in the Road Traffic (Authorisation to Drive) Act 2008 section 4(1)(a)(ii); DVO has the meaning given in the Domestic Violence Orders (National Recognition) Act 2017 section 4(1); electronic means includes — (a) an electronic database or document system; and (b) any other means by which a document can be accessed electronically; equipment, in relation to a vehicle, has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1); extension infringement notice has the meaning given in section 90(1); extract from a record, device or other thing means a copy of any information contained in the record, device or other thing; Family Court injunction means an injunction under the Family Court Act 1997 section 235 or 235A or the Family Law Act 1975 (Commonwealth) section 68B or 114; family violence has the meaning given in the Restraining Orders Act 1997 section 5A; family violence evidentiary document, in relation to an individual, means any of the following — (a) a DVO in relation to the individual; (b) a Family Court injunction or an application for a Family Court injunction in relation to the individual; (c) a copy of a prosecution notice or indictment containing a charge relating to violence against the individual or a court record of a conviction of the charge; (d) a report of family violence, in a form approved by the Minister, completed by a person who has worked with the individual and is 1 of the following — (i) a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession; (ii) a person registered under the Health Practitioner Regulation National Law (Western Australia) in the psychology profession; (iii) a social worker as defined in the Mental Health Act 2014 section 4; (iv) a police officer; (v) a person in charge of a women's refuge; (vi) a prescribed person or class of persons; GCM has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1); GVM has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1); heavy vehicle has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1); home address — (a) in the case of an individual, means the person's residential address or place of abode in Australia; or (b) in the case of a body corporate that has a registered office in Australia, means the address of the registered office; or (c) in any other case, means the address of the person's principal or only place of business in Australia; incident information means — (a) information provided in relation to an incident reported under the Road Traffic Act 1974 section 56(1) or (4); and (b) details of any evidence, statement, report or other information obtained as a result of any investigation made into the incident; and (c) a copy of a statement or a report produced as a result of any investigation made into the incident; infringement notice means any of the following — (a) an infringement notice (alleged offender); (b) an infringement notice (vehicle); (c) an infringement notice (visual evidence); (d) an extension infringement notice; infringement notice (alleged offender) has the meaning given in section 81(1); infringement notice (vehicle) has the meaning given in section 83(2); infringement notice (visual evidence) has the meaning given in section 86(2); initial infringement notice means any of the following — (a) an infringement notice (alleged offender); (b) an infringement notice (vehicle); (c) an infringement notice (visual evidence); inspection station has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 70; instructor information means information about licences and permits under the Motor Vehicle Drivers Instructors Act 1963 including — (a) details of the persons who have made applications for or in relation to those licences and permits; and (b) details of the persons who hold or have held those licences and permits; involved person has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1); journey documentation has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1); jurisdiction means — (a) the Commonwealth; or (b) a State; or (c) an internal Territory, as defined in the Acts Interpretation Act 1901 of the Commonwealth; learner's permit has the meaning given to that term in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1); light vehicle has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1); load, when used as a noun in relation to a vehicle, has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1); MDLR compliance purposes has the meaning given to that term in section 28; MDLR offence has the meaning given to that term in section 28; motor vehicle — (a) in relation to authorisation to drive, means a vehicle that is built to be propelled by a motor that forms part of the vehicle; (b) otherwise, means a self‑propelled vehicle that is not operated on rails and — (i) includes a trailer, semi‑trailer or caravan while attached to the vehicle; but (ii) does not include a power assisted pedal cycle; occupier of premises includes any person who appears to have the control or management of the place; optional plates information means information about optional number plates to which regulations mentioned in the Road Traffic (Vehicles) Act 2012 section 136 apply including — (a) details of the person who have the right to use those number plates; and (b) details of the persons to whom those number plates have been supplied; owner, in relation to a vehicle, has the meaning given to that term in section 5; notice requesting information has the meaning given in section 96(2); Part 5 document means — (a) an infringement notice, other than an infringement notice (vehicle); or (b) a notice requesting information; or (c) a notice served under section 94(1) or 99; passenger, in relation to a vehicle, has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1); permit information means information about learner's permits or permits under the Road Traffic (Vehicles) Act 2012 section 13 including — (a) details of the persons who have made applications for or in relation to those permits; and (b) details of the persons who hold or have held those permits, but not including photographs and signatures provided to the CEO under the Road Traffic (Authorisation to Drive) Act 2008 Part 2; photograph includes an electronic record of a photograph; power assisted pedal cycle means a vehicle — (a) designed to be propelled through a mechanism operated solely by human power; and (b) to which is attached one or more auxiliary propulsion motors having a combined maximum output not exceeding the amount of power prescribed for the purposes of this definition; premises includes any structure, building, vessel or place (whether built on or not), and any part of any such structure, building, vessel or place; public authority means — (a) a Minister of the State; or (b) a department of the Public Service; or (c) a local government, regional local government or regional subsidiary; or (d) a body, whether incorporated or not, or the holder of an office, being a body or office that is established for a public purpose under a written law and that, under the authority of a written law, performs a function on behalf of the State; public safety has the meaning given to that term in section 28; records means any documents, documentation or records, whether in paper, electronic or any other form; responsible person, for a vehicle, means a person responsible for the vehicle under section 6; road means any highway, road or street open to, or used by, the public and includes every carriageway, footway, reservation, median strip and traffic island on it; road infrastructure has the meaning given to that term in section 123; road law means any of the following enactments — (a) this Act; (b) the Road Traffic Act 1974; (c) the Road Traffic (Authorisation to Drive) Act 2008; (d) the Road Traffic (Vehicles) Act 2012; road transport has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1); RTA Part 6A compliance purposes has the meaning given in section 28; signature includes an electronic record of a signature; traffic includes vehicular traffic, pedestrian traffic and all other forms of road traffic; transport documentation has the meaning given to that term in the Road Traffic (Vehicles) Act 2012 section 3(1); use, in relation to the use of a vehicle on a road, includes the drawing or propelling, in any manner, of a vehicle on a road; vehicle includes — (a) every conveyance, not being a train, vessel or aircraft, and every object capable of being propelled or drawn, on wheels or tracks, by any means; and (b) where the context permits, an animal being driven or ridden; vehicle licence means a vehicle licence granted under the Road Traffic (Vehicles) Act 2012; vehicle licence information means information about vehicle licences including — (a) details of the persons who have made applications for or in relation to those licences; and (b) details of the persons who hold or have held those licences; and (c) information contained in the register of vehicle licences mentioned in the Road Traffic (Vehicles) Act 2012 section 14; warden means a person who is authorised under section 22 or 23 to perform a function that can be performed by a warden. [Section 4 amended: No. 18 of 2011 s. 17; No. 8 of 2012 s. 208 and 232; No. 26 of 2016 s. 89; No. 38 of 2020 s. 7; No. 30 of 2020 s. 86; No. 8 of 2022 s. 4; No. 15 of 2024 s. 4.] 5. Owner of vehicle (1) In a road law — owner, in relation to a vehicle, means — (a) the person who is entitled to the immediate possession of the vehicle; or (b) if there are several persons entitled to its immediate possession, the person whose entitlement is paramount, but if one of 2 or more persons fitting that description has been nominated for the purposes of subsection (2) it means only the person nominated. (2) If a vehicle is owned by more than one person and one of those persons is nominated by all such persons, by notice in writing given to the CEO, then for the purposes of a road law, the nominated person is to be taken to be the owner of the vehicle. 6. Person responsible for vehicle (1) In this section — licence holder, in relation to a vehicle, means a person in whose name the vehicle is licensed; licensed, in relation to a vehicle, means licensed under the Road Traffic (Vehicles) Act 2012, registered under the Control of Vehicles (Off‑road Areas) Act 1978 or licensed or registered under a law of another jurisdiction corresponding to either of those Acts. (2) For the purposes of a road law a person responsible for a vehicle is — (a) if the vehicle is licensed — any licence holder who has not given a notice as described in paragraph (b); or (b) if a licence holder has given notice under the Road Traffic (Vehicles) Act 2012 section 10(1), or a law of another jurisdiction corresponding to that provision, of a change in ownership of the vehicle and subsection (3) does not apply — the new owner as specified in the notice or, if more than one is specified, each of them; or (c) if the vehicle is not licensed but was previously licensed and subsection (3) does not apply — a person responsible under paragraph (a) or (b) before the vehicle last ceased to be licensed; or (d) in any other case — (i) the person who is entitled to the immediate possession of the vehicle; or (ii) if there are several persons entitled to its immediate possession, the person whose entitlement is paramount. (3) Despite subsection (2), a person is not responsible for a vehicle under subsection (2)(b), if it can be shown that the person did not agree to becoming an owner of the vehicle and has notified the CEO in writing accordingly or has given a notice to a similar effect to a corresponding authority. [Section 6 amended: No. 8 of 2012 s. 232; No. 15 of 2024 s. 5.] 7. Abbreviations In provisions of a road law dealing with penalties for offences — (a) these abbreviations are used — Disq for minimum period of disqualification; Max for maximum fine; Min for minimum fine; PU for penalty unit or penalty units; and (b) a reference to a number of PU is a reference to an amount (in dollars) that is that number multiplied by 50. Part 2 — Administration — general matters 8. Delegation of CEO's functions (1) The CEO may delegate to a person any power or duty of the CEO under another provision of a road law. (2) The delegation must be in writing signed by the CEO. (3) If a person is not employed in the department of the Public Service principally assisting in the administration of this Act, a power or duty can only be delegated to the person under this section if the person has been approved by the Minister for the purposes of this section. (4) An approval under subsection (3) may be given in respect of — (a) a specified person or persons of a specified class; or (b) the holder or holders for the time being of a specified office or class of office. (5) Despite subsection (3), the CEO may delegate to the Commissioner of Main Roads the power to give specific or standing instructions requiring the moving of vehicles for the purposes of the Road Traffic (Vehicles) Act 2012 section 64(1)(b) or 65(1)(b). (6) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (7) A person exercising or performing a power or duty that has been delegated to the person under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (8) Nothing in this section limits the ability of the CEO to perform a function through an officer or agent. [Section 8 amended: No. 8 of 2012 s. 209.] 9. Delegation of functions of Commissioner of Police (1) The Commissioner of Police may delegate to — (a) a specified police officer; or (b) a police officer of a specified class; or (c) a person who is employed in the department of the Public Service principally assisting in the administration of the Police Act 1892, any power or duty of the Commissioner under another provision of a road law. (2) The delegation must be in writing signed by the Commissioner of Police. (3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (4) A person exercising or performing a power or duty that has been delegated to the person under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section limits the ability of the Commissioner of Police to perform a function through an officer or agent. 10. Delegation of functions of Commissioner of Main Roads (1) The Commissioner of Main Roads may delegate to a person appointed under the Main Roads Act 1930 section 10(1) to be an officer of the Commissioner or to a police officer a power or duty of the Commissioner under the Road Traffic (Vehicles) Act 2012 Part 4, including any regulation made under or for the purposes of that Part. (2) The delegation must be in writing signed by the Commissioner of Main Roads. (3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (4) A person exercising or performing a power or duty that has been delegated to the person under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section limits the ability of the Commissioner of Main Roads to perform a function through an officer or agent. [Section 10 amended: No. 8 of 2012 s. 232.] 11. Agreements for performance of functions (1) The CEO may enter into an agreement providing for the CEO's functions under a road law that are described in the agreement to be performed on behalf of the CEO. (2) The agreement may be with the Commissioner of Police, a local government, or any other person or body, whether or not the person or body has itself functions of a public nature. (3) A function described in the agreement may be performed — (a) in accordance with the agreement; and (b) on and subject to terms and conditions in the agreement. (4) If the performance of a function is dependent upon the opinion, belief, or state of mind of the CEO it may be performed under the agreement upon the opinion, belief, or state of mind of the body or person with whom the agreement is made or another person provided for in the agreement. (5A) The CEO may disclose the following to the body or person with whom the agreement is made if the CEO considers that the disclosure is required for the purposes of performing a function under the agreement — (a) driver's licence information; (b) permit information; (c) vehicle licence information; (da) optional plates information; (db) information obtained by the CEO under the Road Traffic Act 1974 Part 6A; (d) demerit points information; (e) instructor information; (f) photographs and signatures provided to the CEO under the Road Traffic (Authorisation to Drive) Act 2008 Part 2. (5) For the purposes of this Act or any other written law, an act or thing done by, to, by reference to, or in relation to, a body or person in connection with the performance by that body or person under the agreement of a function of the CEO is as effectual as if it had been done by, to, by reference to or in relation to, the CEO. [Section 11 amended: No. 18 of 2011 s. 18; No. 8 of 2012 s. 210; No. 38 of 2020 s. 8; No. 8 of 2022 s. 5.] 12. Exchange of information between CEO and Commissioner of Police (1) In this section — offence information means details of — (a) any offence of which a person has been convicted whether within the State or elsewhere and whether relating to a road traffic matter or any other matter; and (b) any penalty, suspension, cancellation or disqualification arising from any such conviction; and (c) the instances in which a person has paid a penalty under an infringement notice; relevant authorisation means — (a) a driver's licence; or (b) a vehicle licence; or (c) a learner's permit; or (da) a permit under the Road Traffic (Vehicles) Act 2012 section 13; or (d) a licence or permit under the Motor Vehicle Drivers Instructors Act 1963. (2) The CEO must disclose the following information to the Commissioner of Police — (a) driver's licence information; (b) permit information; (c) vehicle licence information; (da) optional plates information; (d) demerit points information; (e) instructor information; (ea) information obtained by the CEO under the Road Traffic Act 1974 Part 6A; (f) information obtained from a relevant authority under section 13A. (3) Information disclosed under subsection (2) — (a) may be used in the performance of the Commissioner of Police's functions, whether under a road law or otherwise, but not for any other purpose; and (b) may be disclosed by the Commissioner of Police to an officer, department or instrumentality of this State, another State, a Territory, the Commonwealth or another country for use in the performance of the functions of that officer, department or instrumentality but not for any other purpose. (4) The Commissioner of Police must disclose the following information to the CEO — (a) incident information about a person who has applied for, holds or has held a relevant authorisation; (b) offence information about a person who has applied for, holds or has held a relevant authorisation; (c) information about the impounding or confiscation of vehicles under the Road Traffic Act 1974 Part V Division 4; (d) information of a class prescribed by the regulations for the purposes of this subsection. (5) Information disclosed under subsection (4) may be used in the performance of the CEO's functions under a road law, the Towing Services Act 2024, the Transport (Road Passenger Services) Act 2018 or the Motor Vehicle Drivers Instructors Act 1963 but not for any other purpose. (6) The disclosure of information under subsection (2) or (4) is to be free of charge. [Section 12 inserted: No. 18 of 2011 s. 19; amended: No. 8 of 2012 s. 211; No. 25 of 2016 s. 14; No. 26 of 2018 s. 314; No. 38 of 2020 s. 9; No. 15 of 2024 s. 6; No. 37 of 2024 s. 171.] 13A. Exchange of information between CEO and other authorities (1) In this section — infringement notice (ATD) means an infringement notice as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 40(1); relevant authority means — (a) an Australian driver licensing authority; or (b) a corresponding authority; or (c) an external licensing authority as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1); or (d) a person prescribed, or of a class prescribed, by the regulations for the purposes of this definition. (2) The CEO may disclose the following information to a relevant authority if the CEO considers that the information is required by the relevant authority for the purposes of performing its functions — (a) driver's licence information; (b) permit information; (c) vehicle licence information; (da) optional plates information; (d) demerit points information; (e) instructor information. (3) The disclosure of information under subsection (2) is to be free of charge. (4) If information disclosed under subsection (2) includes information about an offence of which a person has been convicted or for which a person has been given an infringement notice (ATD), the CEO must also disclose to the relevant authority — (a) any quashing of the conviction; or (b) any withdrawal of the infringement notice (ATD) or the matter coming before a court for determination; or (c) any withdrawal of proceedings under the Fines, Penalties and Infringement Notices Enforcement Act 1994 Part 3 in respect of the infringement notice (ATD); or (d) anything else known to the CEO concerning the offence, the disclosure of which is likely to be favourable to that person. (5) The CEO may seek from a relevant authority any information that the CEO considers is required for the purposes of performing the CEO's functions under a road law. (6) The CEO may, for the purposes of performing the CEO's functions under a road law, use information obtained from a relevant authority. [Section 13A inserted: No. 18 of 2011 s. 19; amended: No. 8 of 2012 s. 212; No. 15 of 2024 s. 7.] 13B. Disclosure of information to Commissioner of Main Roads (1) The CEO must disclose the following information to the Commissioner of Main Roads — (a) driver's licence information; (b) permit information; (c) vehicle licence information; (d) information obtained from a relevant authority under section 13A. (2) Information disclosed under subsection (1) may be used in the performance of the functions of the Commissioner of Main Roads under a road law but not for any other purpose. (3) The disclosure of information under subsection (1) is to be free of charge. [Section 13B inserted: No. 18 of 2011 s. 19.] 13C. Disclosure of information in compliance with request under Fines, Penalties and Infringement Notices Enforcement Act 1994 (1) If the CEO is given a request to disclose information under the Fines, Penalties and Infringement Notices Enforcement Act 1994 section 100A, the CEO must disclose information in compliance with the request. (2) The information disclosed in compliance with a request referred to in subsection (1) may include the following — (a) driver's licence information; (b) permit information; (c) vehicle licence information. (3) The disclosure of information under subsection (1) is to be free of charge. [Section 13C inserted: No. 25 of 2020 s. 122.] 13D. Disclosure of incident information to ICWA (1) In this section — ICWA means the Commission as defined in the Insurance Commission of Western Australia Act 1986 section 3. (2) The Commissioner of Police may disclose incident information to ICWA. (3) Information disclosed under subsection (2) may be used in the performance of ICWA's functions under the Motor Vehicle (Third Party Insurance) Act 1943 but not for any other purpose. (4) The disclosure of information under subsection (2) is to be free of charge. [Section 13D inserted: No. 25 of 2016 s. 15; amended: No. 15 of 2024 s. 8.] 13E. Disclosure of abridged incident information to involved persons (1) In this section — abridged incident information means — (a) information provided in relation to an incident reported under the Road Traffic Act 1974 section 56(1) or (4); and (b) details of any evidence, statement, report or other information obtained as a result of any investigation made into the incident. (2) The Commissioner of Police may, in relation to an incident, disclose abridged incident information to any of the following — (a) a person, or a representative of the person, who suffered bodily harm in the incident; (b) the driver, or a representative of the driver, of a vehicle involved in the incident; (c) an owner, or a representative of the owner, of a vehicle involved in the incident; (d) an owner, or a representative of the owner, of property damaged in the incident. [Section 13E inserted: No. 25 of 2016 s. 15; amended: No. 15 of 2024 s. 9.] 13. Disclosure of information to corresponding authorities (1) The CEO may disclose information to a corresponding authority about — (a) any action taken by or on behalf of the CEO or the Commissioner for Main Roads under a road law; or (b) a direction, authorisation or notice of a kind mentioned in section 18(2)(a), (b), (c), (d), (e) or (f); or (c) any information obtained under a road law, including any information contained in any records, devices or other things inspected or seized under a road law. (2) This section neither affects nor is affected by section 13A or 78. [Section 13 amended: No. 18 of 2011 s. 20.] 14. Disclosure of information to prescribed persons (1) In this section — authorised purpose means — (a) the purpose of performing functions under a written law or a law of another jurisdiction; or (b) a purpose related to the administration or enforcement of a written law or a law of another jurisdiction; or (c) a purpose prescribed by the regulations for the purposes of this definition; prescribed person means a person prescribed, or of a class prescribed, by the regulations for the purposes of this definition. (2) The CEO may disclose the following information to a prescribed person if the CEO considers that the information is required by the person for an authorised purpose — (a) driver's licence information; (b) permit information; (c) vehicle licence information; (d) demerit points information; (e) instructor information. (3) A person — (a) to whom information is disclosed under subsection (2); or (b) who is employed or engaged by a person to whom information is disclosed under subsection (2), must not use the information for a purpose other than the authorised purpose for which it was disclosed. Penalty for this subsection: imprisonment for 12 months or a fine of 240 PU. [Section 14 inserted: No. 18 of 2011 s. 21; amended: No. 26 of 2018 s. 315.] 15. Disclosure of information for road safety purposes (1) In this section — road safety purpose means — (a) the purpose of research directed to the promotion of road safety; or (b) the purpose of distributing information about road safety. (2) The CEO may disclose the following information to a person if the CEO considers that the information is required by the person for a road safety purpose — (a) driver's licence information; (b) permit information; (c) vehicle licence information; (d) demerit points information; (e) instructor information. (3A) The Commissioner of Police may disclose incident information to a person if the Commissioner considers that the information is required by the person for a road safety purpose. (3) A person — (a) to whom information is disclosed under subsection (2) or (3A); or (b) who is employed or engaged by a person to whom information is disclosed under subsection (2) or (3A), must not use the information for a purpose other than the road safety purpose for which it was disclosed. Penalty for this subsection: imprisonment for 12 months or a fine of 240 PU. [Section 15 inserted: No. 18 of 2011 s. 21; amended: No. 25 of 2016 s. 16; No. 26 of 2018 s. 316; No. 15 of 2024 s. 10.] 16A. Disclosure of information for purposes of Personal Property Securities Act 2009 (Commonwealth) The CEO may disclose the following information to the Registrar as defined in the Personal Property Securities Act 2009 (Commonwealth) section 10 — (a) information relating to vehicles that have been stolen or written off; (b) vehicle licence information that the CEO considers to be relevant to the operation of the register as defined in that Act. [Section 16A inserted: No. 8 of 2012 s. 213.] 16B. Disclosure of information with consent The CEO may disclose information about a person obtained in the administration of a road law to another person with the consent of the person to whom the information relates. [Section 16B inserted: No. 8 of 2022 s. 6.] 16C. Disclosure by means of automated system (1) If the CEO is authorised to disclose a photograph, signature or information under a road law, the disclosure may, subject to the regulations, be made by means of an automated system. (2) The automated system must comply with any requirements set out in the regulations. (3) The automated system may, subject to the regulations, allow relevant persons to retrieve data in the system and to be sent alerts about data that has been modified or added to the system. [Section 16C inserted: No. 8 of 2022 s. 6.] 16. Information about new motor vehicles (1) A person who manufactures or distributes a new type of motor vehicle that is manufactured in, or imported into, the State must provide to the CEO such of the following information as is known to the person and requested by the CEO — (a) particulars of the construction of the vehicle; (b) the vehicle's unloaded mass; (c) the vehicle's GVM; (d) the vehicle's GCM. Penalty for this subsection: a fine of 16 PU. (2) In subsection (1)(b) — unloaded mass means the mass of the vehicle in running order, equipped with all standard equipment and with all fuel and other fluid reservoirs filled to nominal capacity, but unoccupied and without any other load. [Section 16 amended: No. 15 of 2024 s. 37.] 17. Reciprocal powers of officers (1) This section has effect in relation to another jurisdiction while a law of the other jurisdiction contains provisions corresponding to this section. (2) The Minister to whom the administration of a particular road law (the road law) is for the time being committed by the Governor may enter into agreements about the road law with a Minister of the other jurisdiction for the purposes of this section, and to amend or revoke any such agreement. (3) To the extent envisaged by such an agreement — (a) police officers may, in this State or the other jurisdiction, exercise powers or perform other functions conferred respectively on authorised officers or members of the police force of the other jurisdiction under a law of the other jurisdiction corresponding to the road law; and (b) authorised officers or members of the police force of the other jurisdiction may, in this State or the other jurisdiction, exercise powers or perform other functions conferred on police officers under the road law. (4) Anything done or omitted to be done by a police officer as mentioned in subsection (3)(a) is to be taken to have been done under the road law as well as under the law of the other jurisdiction corresponding to the road law. (5) Regulations may make provision for or with respect to the exercise of powers or performance of other functions under this section. 18. Effect of directions etc., administrative actions of other jurisdictions (1) In this section — administrative action means any action of an administrative nature that is prescribed by the regulations except the issue of a direction, notice or certificate mentioned in subsection (2); administrative authority means — (a) a corresponding authority; or (b) a person holding an office constituted by or under the law of another jurisdiction and prescribed by the regulations; or (c) a body constituted by or under the law of another jurisdiction and prescribed by the regulations. (2) The regulations are to provide for the recognition of anything under the law of another jurisdiction corresponding to — (a) a direction under section 39, 40, 41 or 42; or (b) a direction under Part 4 Division 6; or (c) a direction under the Road Traffic (Vehicles) Act 2012 section 63(2) or (3), 64(2) or (5) or 65(3) or (5); or (d) an authorisation under the Road Traffic (Vehicles) Act 2012 section 67(2); or (e) a defect notice issued under Road Traffic (Vehicles) Act 2012 section 71(1); or (f) an improvement notice, a notice of an amendment of an improvement notice, or a clearance certificate given or issued under the Road Traffic (Vehicles) Act 2012 Part 6 Division 4, and, if they do, are to specify the effects of that recognition for the purposes of this Act or any other relevant road law. (3) An administrative action of an administrative authority under or in connection with a law of another jurisdiction corresponding to a road law has effect in this State as if it were made or done under the road law. (4) Nothing in this section gives an administrative action effect in this State or in a particular place in this State — (a) in so far as the action is incapable of having effect in or in relation to this State or that place; or (b) if any terms of the action expressly provide that the action does not extend or apply to or in relation to this State or that place; or (c) if any terms of the action expressly provide that the action has effect only in the other jurisdiction or a specified place in the other jurisdiction. [Section 18 amended: No. 8 of 2012 s. 214 and 232.] 19. Effect of court orders of other jurisdictions (1) In this section — order means an order, of a kind that is prescribed by regulations, in any judicial or other proceedings, civil or criminal, as in force from time to time. (2) An order of a court or tribunal of another jurisdiction under or in connection with a law of the other jurisdiction corresponding to a road law has effect in this State as if it were made under the road law. (3) Nothing in this section enables an order to have effect in this State or in a particular place in this State — (a) in so far as the order is incapable of having effect in or in relation to this State or that place; or (b) if any terms of the order expressly provide that the order does not extend or apply to or in relation to this State or that place; or (c) if any terms of the order expressly provide that the order has effect only in the other jurisdiction or a specified place in the other jurisdiction. 20. Funds to which charges and fees credited (1) The CEO, on or before the 15th day of the month next following that in which the CEO receives them, is to credit to the Consolidated Account all vehicle licence charges payable under the Road Traffic (Vehicles) Act 2012 section 7(3). (2) All recording fees paid under the Road Traffic (Vehicles) Act 2012 section 7(1) to the CEO may be retained by the CEO. (3) All fees taken under regulations mentioned in the Road Traffic (Vehicles) Act 2012 section 37(h), 43(g) or 45(j) are to be credited to the Consolidated Account. (4) An amount equal to the amounts credited to the Consolidated Account under subsections (1) and (3) is to be — (a) credited to the Main Roads Trust Account maintained under the Main Roads Act 1930; and (b) charged to the Consolidated Account, and this subsection appropriates the Consolidated Account accordingly. [Section 20 amended: No. 8 of 2012 s. 215 and 232.] Part 3 — Wardens and police officers 21. Terms used In this Part — issuing authority — (a) in relation to a person authorised under section 22 means the CEO; (b) in relation to a person authorised under section 23 means the Commissioner of Police; warden's function means a function — (a) that is prescribed by regulations mentioned in section 22 or 23(c) as a function that can be performed by a warden; or (b) under section 23(a) or (b). 22. CEO may authorise persons to perform certain warden functions (1) The CEO may authorise a person to perform one or more of the functions relating to any provision of a road law that are prescribed by the regulations as functions that can be performed by a warden. (2) A reference in subsection (1) to a provision of a road law does not include a provision of the Road Traffic Act 1974, other than a provision in Part 6A of that Act or a regulation made for the purposes of Part 6A of that Act. [Section 22 amended: No. 38 of 2020 s. 10.] 23. Commissioner of Police may authorise persons to perform certain warden functions The Commissioner of Police may authorise a person to perform one or more of the functions relating to any of the following — (a) the control of vehicles and pedestrians at children's crossings and pedestrian crossings; (b) the escort and movement of oversize vehicles; (c) the functions under the Road Traffic Act 1974 that are prescribed by the regulations as functions that can be performed by a warden. 24. Powers of wardens (1) In performing a warden's function that a warden is authorised to perform — (a) the warden has such of the powers conferred under a road law on a police officer in relation to the function as are prescribed by the regulations; and (b) a reference in a road law to a police officer is to be read as including a warden if the regulations so provide. (2) The regulations cannot authorise a warden to use force against a person. (3) The regulations may authorise a warden to amend or revoke a direction given, or a condition imposed, under a road law by another warden but cannot authorise a warden to amend or revoke a direction given, or a condition imposed, under a road law by a police officer. (4) The CEO has all the powers necessary for the performance of a warden's function mentioned in section 22 except a power that requires the physical presence of a person at the scene to exercise the power. [Section 24 amended: No. 15 of 2024 s. 11.] 25. Identification cards (1) The issuing authority is to issue a warden with an identification card. (2) An identification card is to — (a) contain a photograph of the warden, the name of the issuing authority and either — (i) the name and signature of the warden; or (ii) a unique number that has been assigned to the warden by the issuing authority; and (b) specify that the person to whom the card is issued is a warden and the nature of the warden's functions. 26. Production of identification (1) In this section — incident means — (a) a single incident; or (b) a connected series of incidents involving the same or substantially the same parties and occurring during a period of 72 hours. (2) This section applies to a power conferred on a person under a road law, but only if the physical presence of the person at the scene is necessary for the exercise of the power. (3) A warden who is exercising or about to exercise a power for MDLR compliance purposes or RTA Part 6A compliance purposes is required to identify himself or herself and to produce the warden's identification card for inspection. (4) A police officer who is exercising or about to exercise a power is required to identify himself or herself, by either of the following methods (at the officer's choice) — (a) producing his or her police identification; (b) stating orally or in writing his or her name, rank and place of duty. (5) A warden or police officer is required to comply with a requirement under subsection (3) or (4) as soon as is reasonably practicable. (6) A warden or police officer need only identify himself or herself once to a particular person during the course of an incident, even though more than one power is being exercised during the course of the incident. [Section 26 amended: No. 38 of 2020 s. 11.] 27. Return of identification cards (1) An issuing authority may request a person who is no longer a warden to return any identification card issued to the person by the issuing authority and to do so within a period specified by the issuing authority. (2) A person to whom a request is made under subsection (1) must not, without reasonable excuse, fail to comply with the request. Penalty for this subsection: a fine of 10 PU. [Section 27 amended: No. 15 of 2024 s. 37.] Part 4 — Enforcement of road laws Division 1 — Terms used in this Part 28. Terms used In this Part — co‑driver means a person accompanying the driver of a vehicle on a journey who has been, is, or will be, sharing the task of driving the vehicle during the journey; driver or co‑driver, in relation to a vehicle that is a trailer that is not connected (either directly or by one or more other trailers) to a towing vehicle, means the driver or co‑driver of the towing vehicle to which the trailer was last connected; instructor has the meaning given in the Road Traffic Act 1974 section 49AAA; learner driver has the meaning given in the Road Traffic Act 1974 section 49AAA; MDLR compliance purposes (which stands for "mass, dimension or loading requirement compliance purposes") means either or both of the following purposes — (a) to find out whether any of the following provisions is being complied with — (i) a provision in the Road Traffic (Vehicles) Act 2012 Part 4, 6, 7, 8 or 11; (ii) any regulation made under or for the purposes of a provision mentioned in subparagraph (i); (b) to investigate a breach or suspected breach of a provision mentioned in paragraph (a); MDLR offence (which stands for "mass, dimension or loading requirement offence") means an offence under any of the following provisions — (a) a provision in the Road Traffic (Vehicles) Act 2012 Part 4, 6, 7, 8 or 11; (b) any regulation made under or for the purposes of a provision mentioned in paragraph (a); (c) section 44 in relation to a direction under section 39, 40 or 42 if the direction was for the purpose of, or in connection with, exercising a power in relation to a breach or suspected breach of a provision mentioned in paragraph (a) or (b); (d) section 56(4); (e) section 57(3) or (4); (f) section 58(5); (g) section 71(5) or (7); provide driving instruction has the meaning given in the Road Traffic Act 1974 section 49AAA; public place includes a place — (a) of public resort open to or used by the public as of right; or (b) for the time being — (i) used for a public purpose; or (ii) open to access by the public, whether on payment or otherwise; or (c) open to access by the public by the express or tacit consent or sufferance of the owner of that place, whether the place is or is not always open to the public, but does not include — (d) a track that at the material time is being used as a course for racing or testing motor vehicles and from which other traffic is excluded during that use; or (e) a road; or (f) a place declared by the regulations not to be a public place; public safety means the safety of persons or property, including the safety of — (a) the drivers of, and passengers in, vehicles; and (b) persons in or in the vicinity of, or likely to be in or in the vicinity of, road infrastructure and public places; and (c) vehicles and their loads; RTA Part 6A compliance purposes means either or both of the following purposes — (a) to find out whether any of the following provisions is being complied with — (i) a provision in the Road Traffic Act 1974 Part 6A; (ii) any regulation made under or for the purposes of a provision mentioned in subparagraph (i); (b) to investigate a breach or suspected breach of a provision mentioned in paragraph (a); RTA Part 6A documentation means any documentation, whether in paper, electronic or any other form, that is directly or indirectly associated with the immobilisation, towing or detention of motor vehicles; RTA Part 6A offence means an offence under any of the following provisions — (a) a provision in the Road Traffic Act 1974 Part 6A; (b) any regulation made under or for the purposes of a provision mentioned in paragraph (a); (c) section 44 in relation to a direction under section 39, 40 or 42 if the direction was for the purpose of, or in connection with, exercising a power in relation to a breach or suspected breach of a provision mentioned in paragraph (a) or (b); (d) section 61C(4); (e) section 61D(2) or (3); (f) section 61E(3); (g) section 71(5A) or (7A); run the engine of a vehicle includes to start or stop the engine. [Section 28 amended: No. 8 of 2012 s. 232; No. 25 of 2016 s. 56; No. 38 of 2020 s. 12.] 29. Qualified, fit or authorised to drive or run engine (1) In this Part, a person is qualified to drive a vehicle or to run its engine if the person — (a) holds an Australian driver licence of the appropriate class to drive it and the licence is in effect; and (b) is not prevented under a law (including, for example, by the conditions of the licence) from driving it at the relevant time. (2) In this Part, a person is fit to drive a vehicle or to run its engine if at the relevant time — (a) the person is apparently physically and mentally fit to drive the vehicle; and (b) the person is not apparently impaired by alcohol or drugs; and (c) the person's blood alcohol content, as defined in the Road Traffic Act 1974 section 65, is not of or above a level specified under that Act or a court order in relation to the person; and (d) a prescribed illicit drug, as defined in the Road Traffic Act 1974 section 65, is not present in the person's oral fluid or blood. (3) In this Part, a person is — (a) authorised to drive a vehicle if the person is a responsible person for the vehicle or has the authority of a responsible person for the vehicle to drive it; (b) authorised to run the engine of a vehicle if the person is a responsible person for the vehicle or has the authority of a responsible person for the vehicle to drive it or to run the engine, regardless of whether or not the person is qualified to drive the vehicle or run its engine as mentioned in subsection (1). 30. Unattended vehicle (1) In this Part, a vehicle is unattended if — (a) a police officer reasonably believes, after inspection and enquiry by the officer that is reasonable in the circumstances, that there is no person in, on or in the vi