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.
Infringements
Infringement customer services have been transitioned from the WA Police Force to the Department of Transport (DoT). For all enquiries regarding your infringement, call Infringement Services on (08) 9320 4444 or email infringementservices@transport.wa.gov.au.
If the person named on the infringement notice was not the driver, do not pay the notice. Visit traffic infringements 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.
Alcohol interlock offences
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.
| Item | Road Traffic Act 1974 offences | Application to Alcohol Interlock Scheme |
|---|---|---|
|
a |
Driving under the influence (DUI) of alcohol to such an extent as to be incapable of having proper control of the vehicle (Section 63(1)(a) or (c)) |
All convictions |
|
b |
Dangerous Driving causing death or grievous bodily harm while under the influence of alcohol or alcohol and drugs to such an extent as to be incapable of having proper control of the vehicle (Section 59(1)(a) or (bb)) |
All convictions |
|
c |
Dangerous Driving causing bodily harm while under the influence of alcohol or alcohol & drugs to such an extent as to be incapable of having proper control of the vehicle (Section 59A(1)(a) or (1)(bb)) |
All convictions |
|
d |
Failure to comply with requirement to provide a sample of Breath, Blood or Urine sample (Section 67(2)(a)(b)(c) or (d)) |
All convictions |
|
e |
Driving with a blood alcohol content of or above 0.08 (Section 64(1)) |
Where the person has been convicted of a previous offence under (a) to (g) in the preceding 5 years |
|
f |
Driving with blood alcohol content of or above 0.05 (Section 64AA(1)) |
Where the person has been convicted of a previous offence under (a) to (g) in the preceding 5 years |
|
g |
Driving with a blood alcohol content of or above 0.02 (Section 64A(1) & (4)) |
Where the person has been convicted of a previous offence under (a) to (g) in the preceding 5 years |
Alcohol Interlock Scheme (Western Australia)
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.
Zero blood alcohol concentration (BAC) level
Novice drivers must have 0.00% blood alcohol concentration (BAC) level at all times when driving or riding.
View the penalties for drink driving.
0.05% Blood Alcohol Content (BAC) and above, first and subsequent offences
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.
Speeding offences
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.
| Exceed the speed limit by | Fine | Demerit points* |
|---|---|---|
|
More than 9 but not more than 19 km/h |
4 penalty units |
2 |
|
More than 19 but not more than 29 km/h |
8 penalty units |
3 |
|
More than 29 but not more than 40 km/h |
16 penalty units |
6 |
|
More than 40 km/h |
24 penalty units |
7 |
|
Not more than 9 km/h |
2 penalty units |
0 |
* At certain holiday periods (e.g. Easter and Christmas) and on long weekends, demerit points are doubled for alcohol, speed and some other offences.
Periods when 'double demerit' points are in force are publicised through the Western Australian media. You must obey blood alcohol concentration (BAC) and speed limits at all times.
The value of a penalty unit is $50.00. These penalties are reviewed from time to time. They are correct at date of publication.
Other traffic offences
| Offence | Penalty units | Demerit points |
|---|---|---|
|
Driving in a bus lane |
2 |
3 |
|
Crossing continuous dividing lines, except when making a lawful turn |
3 |
3 |
|
Crossing the centre line of a road on a curve or crest when unable to see if the way is clear |
3 |
3 |
|
Disobeying a hand signal or direction of a Police Officer, a Fire-Fighter, an Ambulance Officer or other authorised person |
2 |
3 |
|
Driver caught with radar detectors fitted to/within or on a heavy vehicle (operational or not) |
20 |
7 |
|
Driver caught with radar detectors fitted to/within or on a vehicle other than a heavy vehicle (operational or not) |
24 |
7 |
|
Driver not wearing a seatbelt (appropriately restrained passengers or no passengers) |
11 |
4* |
|
Driver not wearing a seatbelt with 1 unrestrained passenger |
12 |
4* |
|
Driver not wearing a seatbelt with 2 unrestrained passengers |
14 |
4* |
|
Driver not wearing a seatbelt with 3 unrestrained passenger |
16 |
4* |
|
Driver not wearing a seatbelt with 4 or more unrestrained passengers |
18 |
4* |
|
Driver wearing a seatbelt with 1 unrestrained passenger |
11 |
4* |
|
Driver wearing a seatbelt with 2 unrestrained passengers |
12 |
4* |
|
Driver wearing a seatbelt with 3 unrestrained passengers |
14 |
4* |
|
Driver wearing a seatbelt with 4 or more unrestrained passengers |
16 |
4* |
|
Driver displaying an L plate when not a learner driver for the class of vehicle being driven. |
2 |
0 |
|
Driver displaying a P plate when not a provisional driver. |
2 |
0 |
|
Driving a motor vehicle without appropriate driver’s licence (first offence) |
6 |
0 |
|
Driving a motor vehicle without appropriate driver’s licence (subsequent offence) |
12 |
0 |
|
Driving contrary to directions on road traffic signs |
4 |
3 |
|
Driving through a red light |
6 |
3* |
|
Driving through a yellow light |
4 |
2 |
|
Failing to give way to a public bus with indicator sign |
4 |
3 |
|
Failure to give way at a give way sign |
4 |
3 |
|
Failure to give way at a pedestrian crossing |
6 |
3 |
|
Failure to give way to all pedestrians or other vehicles when making a U turn |
2 |
3 |
|
Failure to give way to a vehicle on the right at an intersection |
4 |
3 |
|
Failure to give way to an emergency vehicle |
8 |
4 |
|
Failure to give way to vehicles on a roundabout |
3 |
3 |
|
Failure to give way to vehicles when approaching from a terminating road (T junction) |
4 |
3 |
|
Failure to slow down and move over when passing incident response vehicles with flashing lights |
6 |
3 |
|
Failure to stop and give way at a stop sign |
6 |
3 |
|
Failure to stop at a children's crossing when in operation |
6 |
4 |
|
Mobile phone: Creating, sending or looking at a text, email, social media, photo, video or similar. |
20 |
4* |
|
Mobile phone: Touching or holding a mobile phone while not in a cradle to make, receive or end a voice call. |
10 |
3* |
|
Passenger not occupying a position with a seat belt |
11 |
0 |
|
Passenger not wearing a seat belt |
11 |
0 |
|
Passing a vehicle which is giving way at a children's crossing |
8 |
4 |
|
Passing a vehicle which is giving way at a pedestrian crossing |
8 |
4 |
|
Wilfully causing excessive noise, smoke (e.g: a 'burnout') |
2 |
3** |
* At certain holiday periods (e.g Easter and Christmas) and on long weekends, demerit points are doubled for various driving offences.
Periods when 'double demerit' points are in force are publicised by the WA Police Force through the Western Australian media.
** This offence may result in the impounding or confiscation of a vehicle.
The value of a penalty unit is $50.00. These penalties are reviewed from time to time. They are correct at date of publication.
More information about these and other offences such as mobile phone offences, and anti-hoon legislation can be found on the Road Safety Commission's website.
Resources provided by the Road Safety Commission
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.