Driving offences (speeding, alcohol and traffic)

There are a variety of penalties that can be imposed on drivers who commit traffic offences. These include fines, licence sanctions (suspensions and cancellations) and in some cases imprisonment.

Penalties can be imposed by Courts or by infringement notices.

The penalties imposed by infringement notices are usually less severe than that can be imposed by a Court. Not all traffic offences are subject to infringement notices, however, infringements include fines and some traffic offences include demerit point penalties:

• Fines are imposed for a range of traffic offences.
• Certain traffic offences attract demerit points in addition to fines.
• If you are a learner or a provisional driver, the Graduated Demerit Point system will apply. The number of demerit points you can accumulate before you are disqualified from holding or obtaining a licence is reduced.
• All other drivers can accumulate up to 12 demerit points within a three-year period before being disqualified from holding a licence for a minimum of three months.

If you have misplaced your infringement notice, you should call Infringement Management and Operations on (08) 9374 4555 for a replacement notice to be posted to you.

If the person named on the infringement notice was not the driver, do not pay the notice. Refer to the WA Police Force website below for instructions on how to supply details of the person who was driving at the time of the infringement.

If the person named on the infringement notice was the driver, the infringement notice must be paid in full within 28 days of the issue date on the notice.

You may also be disqualified from driving without incurring demerit points for example:

• If you are convicted of a drink driving offence.
• If you offend repeatedly. 
• If you have a provisional (novice) licence and are convicted of certain traffic offences, your licence will be cancelled and you will be required to make an application for a new licence when the disqualification period has finished.
• An immediate disqualification notice may be served if you are detected driving with a blood alcohol content of or above 0.08 or refuse to provide a sample of breath, blood or urine.
• A prohibition notice may be served if you are tested positive for certain prescribed illicit drugs or refuse a roadside drug test which will ban you from driving for 24 hours.

For complete information about offences and demerit points relating to other road rules such as parking near fire hydrants, driving on private property, and clarifying how the offence information relates to you, refer to the Road Safety Commission website.

On or after the 24th October 2016 if a person commits and is convicted in Western Australia of any of the following alcohol interlock offences they will be required to participate in the Alcohol Interlock Scheme. On conviction the person will be disqualified from driving and any driver's licence and/or learners permit held by that person will be cancelled.

The WA Alcohol Interlock Scheme aims to reduce the road safety risk posed by drink drivers by introducing a mandatory, performance-based scheme in which alcohol interlock devices provide separation between drinking and driving. The scheme includes support by means of an alcohol assessment and treatment component and extension of time on the interlock devices for those found to be non-compliant.

Drivers convicted of alcohol related offences on seeking authorisation to drive, will have their licence endorsed with an interlock condition restricting their driving to vehicles fitted with an approved alcohol interlock device.

Imposing a zero Blood Alcohol Content (BAC) limit on certain driver categories recognises the increased risk that drivers pose to passengers and other road users when driving with alcohol in their blood.

The following drivers are subject to a zero BAC limit:

• Alcohol Offenders and Interlock restricted driver licence holders.
• Drivers of omnibuses.
• Drivers of passenger vehicles with capacity to carry more than 12 adult passengers, including the driver.
• Drivers of vehicles carrying dangerous goods.
• Extraordinary licence holders.
• Heavy vehicle drivers.
• Novice drivers.
• Recently disqualified drivers.
• Taxi drivers.

Furthermore, if you are subject to a zero BAC limit when driving, you will also be subject to a zero BAC when supervising a novice (learner) driver.

Alcohol Offenders and Interlock-restricted driver licence holders

The zero BAC limit applies to Alcohol offenders and Interlock restricted drivers and means that you cannot have any alcohol in your body while driving.

An Alcohol offender is a person who has been convicted of an alcohol interlock offence committed on or after the 24th October 2016.

An Interlock restricted driver's licence holder is any person who holds a driver's licence that is endorsed with an I condition. This includes a person who holds an Interlock restricted licence issued in WA or from another jurisdiction.

Novice Drivers

The zero BAC limit affects Novice drivers and means that you cannot have any alcohol in your body while driving.

A person is a Novice Driver until they have held a driver's licence for at least two (2) years or periods adding up to two (2) years. This may include:

• A driver from overseas who has not held a driver's licence for at least two years.
• A first time learner's permit holder.
• The holder of a provisional driver's licence.
• The holder of an extraordinary driver's licence.

Taxi drivers

The zero BAC limit affects taxi drivers and means that you cannot have any alcohol in your body while driving a taxi that is carrying passengers for hire or reward.

The legislation recognises that many taxis are used by operators or owners for private purposes when not being operated as a taxi. Similarly, some taxis operate only during peak periods and for the majority of the week they are used as private vehicles.

As such, the zero BAC limit only applies to a person driving a taxi when it is being used to carry passengers for hire or reward. If using a taxi for private purposes the 0.05% BAC limit applies.

Drivers of passenger vehicles with capacity to carry more than 12 adult passengers, including the driver

When a person is driving a vehicle that is equipped to seat more than 12 adult passengers, including the driver, the driver cannot have any alcohol in his or her body when carrying any passengers, regardless if they are paying or non-paying passengers.

Some examples of passenger vehicles equipped to carry more than 12 adult passengers including the driver are:

• Buses.
• Large people movers, and
• Troop carriers.

If the driver is driving the vehicle alone with no passengers, the 0.05% BAC applies.

Drivers of omnibuses

The extension of the zero BAC limit affects Omnibus drivers and means that you cannot have any alcohol in your body while driving an Omnibus that is carrying passengers for hire or reward.

A driver of an omnibus as defined in the Transport Co-ordination Act 1966 will be subject to the zero BAC limit as follows:

Driving Omnibuses with more than 12 passenger seats including the driver:

• When carrying any passengers, whether or not for hire or reward.

The 0.05% BAC limit will apply to the driver when the vehicle is not carrying passengers.

Omnibuses with 12 or less passenger seats including the driver:

• A zero BAC when carrying passengers for hire or reward.

The 0.05% BAC limit will apply to the driver when the driver is alone or is carrying non-paying passengers, e.g. non-paying family members.

Examples of omnibuses include small charter vehicles such as limousines or luxury sedan vehicles, coaches and buses used for tours and/or charter. Novelty vehicles such as customised motorcycles and hot rods, when used for the carriage of passengers for hire and reward.

The legislation recognises that some of the smaller omnibuses (defined for the purposes of the Act to be vehicles with 12 or less passenger seats including the driver) are used by operators or owners for private purposes when not being operated as an omnibus.

As such, the zero BAC only applies to a person driving a smaller omnibus when it is being used to carry passengers for hire or reward. If using such an omnibus for private purposes the driver is subject to the 0.05% BAC limit.

Heavy vehicles drivers

The zero BAC limit affects drivers of vehicles with a Gross Combination Mass (GCM) in excess of 22,500 kg and means that you cannot have any alcohol in your body while driving such vehicles.

The GCM of a vehicle is the maximum loaded mass of the vehicle, including any trailers and their load. The GCM of a vehicle can be easily determined by checking the details indicated on the vehicle licence document.

Note that it is the driver's responsibility to confirm the vehicle's GCM. Where that weight exceeds 22,500 kg the zero BAC limit will apply to the driver.

Drivers of vehicles carrying dangerous goods

The zero BAC limit affects drivers of vehicles carrying dangerous goods and means that a person driving a vehicle while it is carrying dangerous goods cannot have any alcohol in their body.

The consequences of a crash involving a motor vehicle carrying dangerous goods, as defined in the Dangerous Goods Safety Act 2004, could be severe. Dangerous goods may be highly volatile or may be noxious and present a health or environmental risk if spilled.

The carriage of dangerous goods elevates the risk in the event of a crash due the nature of the load.

As a result, drivers of motor vehicles transporting dangerous goods are required to be unimpaired by alcohol, ensuring they have a zero BAC when driving such a vehicle, at those times when that vehicle is carrying dangerous goods.

Regulations made under the Dangerous Goods Safety Act 2004 prescribe the classes of vehicle as follows:

• A vehicle used to transport a load of dangerous goods that is a 'placard load' pursuant to the Dangerous Goods Safety (Road and Rail Transport of Non-explosives) Regulations 2007, regulation 107, and
• A vehicle that is a 'placarded vehicle' pursuant to the Dangerous Goods Safety (Explosives) Regulations 2007, regulation 107.

Extraordinary licence holders

The zero BAC limit affects drivers who hold an Extraordinary Licence and means that they cannot have any alcohol in their body while driving. This law applies to all Extraordinary Licence holders irrespective of when the extraordinary licence was granted.

Recently disqualified drivers

Recently disqualified drivers are those persons who have been convicted of a drink or drug related offence for:

• Driving under the Influence (0.15 BAC).
• Refusing a breath, blood or urine sample.
• Driving in excess of 0.08 BAC (2nd or subsequent offence).

The restriction applies for a period of three years and commences from the date on which:

• The person's disqualification period finishes, or
• On the day a prescribed offender is granted a licence.

Exemption for Emergency Services employees and volunteers

The extension of the zero BAC affects drivers of passenger vehicles with capacity to carry more than 12 adult passengers including the driver (for example, a bus) and vehicles with a Gross Combination Mass (GCM) in excess of 22,500 kg.

This means that drivers of these vehicles cannot have any alcohol in their bodies while driving such vehicles.

The law recognises that the application of zero BAC could impede the ability of some emergency services employees and volunteers to respond to an emergency, if in the course of responding to the incident they are required to drive one or other of these vehicles.

As such, the law provides an exemption from zero BAC for certain drivers (prescribed in regulation and outlined below). In this situation, the driver will continue to be subject to 0.05% BAC limit.

The exemption will ensure that those who respond to emergencies such as floods, fires, cyclones and earthquakes and participate in search and rescue missions will continue to be able to respond to call-outs at short notice. These people are vital to the State's emergency response capabilities.

The exemption is intended to apply to the following people:

1. A registered member of an SES Unit approved under section 18C of the FESAWAA.
2. A registered member of a VMRS Group approved under section 18H of the FESAWAA.
3. A registered member of a FESA Unit approved under section 18M of the FESAWAA.
4. A registered member of a Bush Fire Brigade established under section 41 of the Bush Fires Act 1954.
5. A member of a Volunteer or Private Brigade that has been registered pursuant to section 49 of the Fire Brigades Act 1942 and whose membership has been approved by FESA.
6. A person who works for a local government established under the Local Government Act 1995 either as an employee or a contractor.
7. A private contractor whose services have been engaged by a person mentioned at (1), (2), (3), (4), (5) or (6) above, or by a person who works for FESA as a contractor.
8. A person working under the direction of a person mentioned at (1) through (7) above.

When driving a passenger vehicle or heavy vehicle, as defined above, in circumstances other than responding to an incident, zero BAC limit will apply.

An incident is defined in the Fire and Emergency Services Authority of Western Australia Act 1998 as a fire, a hazardous material incident, a natural disaster; or an accident or other event that may require the carrying out of a rescue operation including search and rescue and marine search and rescue or an assistance operation; or a monitoring activity.

Novice drivers must have 0.00% blood alcohol concentration (BAC) level at all times when driving or riding.

View the penalties for drink driving.

If you are caught driving with a Blood Alcohol Content (BAC) equal to or above 0.05 and less than 0.08, you may either be infringed or required to appear in court.

The disqualification for repeat offences may differ and may order a licence cancellation, rather than a licence suspension. The above information is provided as a guide only.

Independent legal advice should be sought to determine the specific disqualification that will apply in individual circumstances.

More information about these and other offences can be found on the Road Safety Commission's website.

While you must not exceed the limit indicated on speed signs, you should never drive at an unsafe low speed for the conditions that exist at the time. Driving too slowly can also cause dangerous situations.

For example: On a freeway you are required to travel at a speed that is no more than 20 kph below the posted speed limit (unless traffic, weather or visibility conditions prevent you from doing so).

Cars, motorcycles and other vehicles less than 22,500 kg Gross Combination Mass (GCM)

Refer to the Road Safety Commission website for speeding offences for vehicles with a GCM of 22,500 kg or more.

The Road Safety Commission website provides road rules and penalty information for WA.

The Road Safety Commission provides extensive information on topics including:

• Radar detectors
• Cyclists
• Motorcyclists
• Red lights and intersections
• Emergency and breakdown vehicles
• Merging
• Roundabouts
• U-turns
• Following distances
• Keeping left
• Pilot vehicles
• Right of way
• Road sign definitions 
• Penalties
• Passengers
• Transporting animals in or on vehicles

As well as information packs for learner drivers and their tutors on topics such as:

• Hazards, risks and driving.
• Getting the most from your lessons.
• Learning for life.
• Learning vehicle skills.
• Learning traffic skills.
• Learning safety skills.
• Learning advanced safety skills.
• Drive with care and attention.