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This is a Bill, not an Act. For current law, see the Acts databases.
Road Traffic Amendment (Dangerous Driving)
Bill 2004
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 51 amended 2
5. Section 59 amended 2
6. Section 59A amended 4
7. Section 59B inserted 5
8. Section 65 amended 7
9. Section 66 amended 7
10. Section 67 amended 8
11. Section 72 amended 9
12. Review 9
299--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Road Traffic Amendment (Dangerous Driving)
Bill 2004
A Bill for
An Act to amend the Road Traffic Act 1974.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Road Traffic Amendment
(Dangerous Driving) Act 2004.
page 1
Road Traffic Amendment (Dangerous Driving) Bill 2004
s. 2
2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. The Act amended
The amendments in this Act are to the Road Traffic Act 1974*.
5 [* Reprinted as at 19 October 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 338 and
Acts Nos. 50 of 2003 and 4 of 2004.]
4. Section 51 amended
10 Section 51(1)(a)(iii) is amended by inserting before "61" --
" 59A, ".
5. Section 59 amended
(1) Section 59(1) (other than the summary conviction penalty) is
repealed and the following is inserted instead --
15 "
(1) If a motor vehicle driven by a person (the "driver") is
involved in an incident occasioning the death of, or
grievous bodily harm to, another person and the driver
was, at the time of the incident, driving the motor
20 vehicle --
(a) while under the influence of alcohol, drugs, or
alcohol and drugs to such an extent as to be
incapable of having proper control of the
vehicle; or
25 (b) in a manner (which expression includes speed)
that is, having regard to all the circumstances of
the case, dangerous to the public or to any
person,
page 2
Road Traffic Amendment (Dangerous Driving) Bill 2004
s. 6
the driver commits a crime and is liable to the penalty
in subsection (3).
".
(2) Section 59(2) is amended as follows:
5 (a) by deleting paragraph (a);
(b) in paragraph (c), by deleting " when a person causes
grievous bodily harm to another person and that other
person receives surgical or medical treatment, and death
results either from the harm or the treatment, he is
10 deemed to have caused the death of that other person"
and inserting instead --
"
when an incident occasions grievous bodily
harm to a person and that person receives
15 surgical or medical treatment, and death results
either from the harm or the treatment, the
incident is deemed to have occasioned the death
of that person
".
20 (3) Section 59(3)(a) is amended by deleting " if at the time of the
offence the motor vehicle was unlawfully being driven without
the consent of the owner or person in charge of the motor
vehicle" and inserting instead --
"
25 if the offence is against subsection (1)(a), or the
offence is against subsection (1)(b) and is
committed in circumstances of aggravation
".
page 3
Road Traffic Amendment (Dangerous Driving) Bill 2004
s. 6
6. Section 59A amended
(1) Section 59A(1) is repealed and the following subsection is
inserted instead --
"
5 (1) If a motor vehicle driven by a person (the "driver") is
involved in an incident occasioning bodily harm to
another person and the driver was, at the time of the
incident, driving the motor vehicle --
(a) while under the influence of alcohol, drugs, or
10 alcohol and drugs to such an extent as to be
incapable of having proper control of the
vehicle; or
(b) in a manner (which expression includes speed)
that is, having regard to all the circumstances of
15 the case, dangerous to the public or to any
person,
the driver commits an offence.
".
(2) Section 59A(2)(a) is deleted.
20 (3) Section 59A(3) is amended by deleting "A" and inserting
instead --
" Subject to subsection (3a), a ".
(4) After section 59A(3) the following subsection is inserted --
"
25 (3a) In the case of an offence under subsection (1)(a), or an
offence under subsection (1)(b) committed in
circumstances of aggravation, the offence is a crime
and a person convicted of it is liable to a fine of any
amount and imprisonment for 7 years and in any event
30 the court convicting the person shall order that he be
disqualified from holding or obtaining a driver's
licence for a period of not less than 2 years.
page 4
Road Traffic Amendment (Dangerous Driving) Bill 2004
s. 7
Summary conviction penalty: imprisonment for
18 months or a fine of 160PU and in any event the
court convicting the person shall order that he be
disqualified from holding or obtaining a driver's
5 licence for a period of not less than 18 months.
".
7. Section 59B inserted
After section 59A the following section is inserted --
"
10 59B. Section 59 and 59A offences: ancillary matters and
defence
(1) For the purposes of sections 59 and 59A, the
circumstances in which a motor vehicle is involved in
an incident occasioning the death of, or grievous bodily
15 harm or bodily harm to, a person include those in
which the death or harm is occasioned through --
(a) the motor vehicle overturning or leaving a road
while the person is being conveyed in or on the
motor vehicle (whether as a passenger or
20 otherwise);
(b) the person falling from the motor vehicle while
being conveyed in or on it (whether as a
passenger or otherwise);
(c) an impact between any object or thing and the
25 motor vehicle while the person is being
conveyed in or on the motor vehicle (whether
as a passenger or otherwise);
(d) an impact between the person and the motor
vehicle;
30 (e) an impact of the motor vehicle with another
vehicle or an object or thing in, on or near
which the person is at the time of impact;
page 5
Road Traffic Amendment (Dangerous Driving) Bill 2004
s. 7
(f) an impact with any object on or attached to the
motor vehicle; or
(g) an impact with any object that is in motion
through falling from the motor vehicle.
5 (2) For the purposes of sections 59 and 59A, a motor
vehicle is also involved in an incident occasioning the
death of, or grievous bodily harm or bodily harm to, a
person if the death or harm is occasioned through the
motor vehicle --
10 (a) causing an impact between other vehicles or
between another vehicle and any object, thing
or person;
(b) causing another vehicle to overturn or leave a
road; or
15 (c) causing a person being conveyed in or on
another vehicle to fall from that other vehicle.
(3) For the purposes of sections 59 and 59A a person
commits an offence in "circumstances of
aggravation" if at the time of the alleged offence --
20 (a) the person was unlawfully driving the vehicle
concerned without the consent of the owner or
person in charge of the vehicle;
(b) the person was driving the vehicle concerned
on a road at a speed that exceeded, by more
25 than 45 kilometres per hour, the speed limit (if
any) applicable to that length of road; or
(c) the person was driving the vehicle concerned to
escape pursuit by a member of the Police Force.
(4) For the purposes of subsection (3)(c) it does not matter
30 whether the pursuit was still proceeding, or had been
suspended or terminated, at the time of the alleged
offence.
page 6
Road Traffic Amendment (Dangerous Driving) Bill 2004
s. 8
(5) In any proceeding for an offence against section 59 or
59A a person who had at the time of the alleged
offence a percentage of alcohol in his blood of or
exceeding 0.15% shall be deemed to have been under
5 the influence of alcohol to such an extent as to be
incapable of having proper control of a motor vehicle
at the time of the alleged offence.
(6) In any proceeding for an offence against section 59 or
59A it is a defence for the person charged to prove that
10 the death, grievous bodily harm or bodily harm
occasioned by the incident was not in any way
attributable (as relevant) --
(a) to the fact that the person charged was under
the influence of alcohol, drugs, or alcohol and
15 drugs; or
(b) to the manner (which expression includes
speed) in which the motor vehicle was driven.
".
8. Section 65 amended
20 Section 65 is amended by inserting before "sections" --
" section 59B(5) and ".
9. Section 66 amended
(1) Section 66(2) is amended by inserting after paragraph (c) --
"
25 (ca) a member of the Police Force --
(i) has reasonable grounds to believe that
an offence against section 59(1)(a) or
59A(1)(a) has been committed; and
(ii) does not know, or has doubt as to, who
30 was the driver of the motor vehicle
concerned,
page 7
Road Traffic Amendment (Dangerous Driving) Bill 2004
s. 10
but has reasonable grounds to believe that a
person may have been the driver of the motor
vehicle; or
".
5 (2) Section 66(6a)(a), (8a)(a) and (b) and (11) are amended by
inserting after "(2)(c)" --
" , (ca) ".
10. Section 67 amended
(1) Section 67(3) is amended by deleting "A" and inserting
10 instead --
" Subject to subsection (3a), a ".
(2) After subsection 67(3) the following subsection is inserted --
"
(3a) If when a requirement is made a member of the Police
15 Force --
(a) advises the person concerned that the member
of the Police Force believes that the motor
vehicle of which the person was, or is believed
to have been, the driver has been involved in an
20 incident occasioning the death of, or grievous
bodily harm or bodily harm to, another person;
and
(b) explains to the person the consequences under
this subsection of failure to comply with the
25 requirement,
an offence against this section of failing to comply with
that requirement is a crime and a person convicted of it
is liable to a fine of any amount and imprisonment for
14 years and in any event the court convicting the
30 person shall order that the person be disqualified from
holding or obtaining a driver's licence for a period of
not less than 2 years.
page 8
Road Traffic Amendment (Dangerous Driving) Bill 2004
s. 11
Summary conviction penalty: imprisonment for
18 months or a fine of 160PU and in any event the
court convicting the person shall order that he be
disqualified from holding or obtaining a driver's
5 licence for a period of not less than 18 months.
".
11. Section 72 amended
Section 72(1) is amended by inserting before "sections" --
" section 59B(5) and ".
10 12. Review
(1) The Minister is to carry out a review of the operations and
effectiveness of the amendments made to the Road Traffic Act
1974 by this Act as soon as is practicable after the expiry of
18 months from the commencement of the Road Traffic
15 Amendment (Dangerous Driving) Act 2004.
(2) The Minister is to prepare a report based on the review carried
out under subsection (1) and is to cause that report to be laid
before each House of Parliament as soon as practicable.
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