changes to the laws relating to the penalties for drink and drug...

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Changes to the Laws Relating to the Penalties for Drink and DrugDrtvSrigOBwes

Road Traffic Amendment (Alcohol and Drug Related Offences) Act 2011

Amendments to the Road Traffic Act 1974 will come into effect on 1 October 2011. These amendments relate topenalties for drink and drug driving offences.

The amendments include a range of increases in fines and disqualification periods for drink and drug driving offencesfor all drivers in Western Australia.

In addition to the increased penalties, some groups of drivers will be required to drive with a zero Blood AlcoholContent (BAG), including:

• drivers of:

heavy vehicles with a Gross Combination Mass (GCM) exceeding 22.5 tonne

passenger vehicles (e.g. buses) equipped to seat more than 12 adults including the driver, while carryingpassengers

omnibuses, while carrying passengers for reward or hire

taxis, while carrying passengers for reward or hirevehicles carrying dangerous goods

• holders of Extraordinary licences

• Recently Disqualified Drivers.

Novice drivers will continue to be required to drive with a zero BAG.

Exemption to the zero BAG is provided for certain drivers responding to an emergency incident.

The extension of the zero BAG limit to the above driver groups recognised the increased risk that those drivers pose topassengers and other road users when driving with alcohol in the blood.

The following questions and answers are intended to provide detailed information regarding the changes.

Contents

Penalties Page

1. Why are the penalties changing? 4

2. Why is there such a large increase in monetary penalties? 4

3. How do we compare with other states? Does this make WA tougher than the rest of the states? 4

4. Why are we not tougher on drink and drug drivers? 4

5. Why do you always punish people, why not reward the good drivers? 5

6. Why are you focussing on penalties? You should be telling people about the harm of alcohol and what 5it takes to make them over the legal limit.

7. It's not fair, fines are already too high for disadvantaged groups, 5

8. How do drink driving penalties compare with penalties for other offences - for example speed? 5

9. Will the new penalties fit in with the: 6

• Repeat Drink Driving Program that the Government has spoken about publicly on severaloccasions and has indicated will be introduced in the future; and

• Immediate Disqualification legislation for those detected driving with a BAG of 0.08 or above?

10. I'm already in the system having been charged with a drink driving offence. Will I be fined on the old 6scales since I am pending a court case?

11. How will the new penalties deal with repeat drink driving offenders? 6

12. How long is the period that determines whether an offence is classified as a first or repeat offence? 6

13. If I already have a first offence for dmg driving does this affect the penalty I will receive if I am later 7convicted of a first offence for drink driving?

Zero Blood Alcohol Content (BAG)

14. What is a vehicle with a gross combination mass (GCM) exceeding 22.5 tonnes - is this the weight of 7the vehicle with a load or without a load?

15. What class of licence does a person need to drive a vehicle that has a GCM exceeding 22.5 tonnes? 7

16. Why have a zero BAG for those dnving vehicles that have a GCM exceeding 22.5 tonnes? 8

17. Will a driving instructor, instructing a novice to drive a vehicle with a GCM exceeding 22.5 tonnes, be 8required to have a zero BAG? What about the novice driver?

18. What is a passenger vehicle and in what circumstances does zero BAG apply? 8

19. Why have a zero BAG for drivers of passenger vehicles when carrying passengers, regardless of 9whether those passengers pay a fare?

Question and Answer - Road Traffic Amendment (Alcohol and Dnnj Related Offences) Act 201 I

20. What is an omnibus? 9

21. What is a taxi? 9

22. What is meant by'hire or reward'? 9

23. Who is a paying passenger? When does the transaction need to occur? 10

24. Why have a zero BAG for drivers of taxis and omnibuses? 10

25. Why does zero BAG only apply to drivers of taxis and omnibuses (with 1 2 or less passenger seats 10including the driver) while carrying fare paying passengers? Why not when carrying any passengersor no passengers?

26. I offer a courtesy bus service to customers. Will my driver have to have a zero BAG? 10

27. What is meant by the term 'vehicle carrying dangerous goods'? 10

28. What is a dangerous good? 11

29. Why is a zero BAG being applied to drivers of vehicles carrying dangerous goods? 11

30. If I got my extraordinary licence for an offence other than drink driving, will zero BAG still apply to me? 11

31. Explain the term 'recently disqualified driver' 11

32. Did zero BAG apply to any groups of drivers prior to the penalty changes? 12

33. Explain the zero BAG exemption for certain drivers responding to an emergency incident. 12

34. What is an incident? 13

35. Why are certain emergency services workers in the course of responding to an incident exempt from 13the zero BAG?

36. Does this mean a volunteer fire fighter can drive drunk? 13

Miscellaneous

37. I know someone who has a life suspension and got a new licence after 10 years. Thats not life - what 14does life suspension actually mean?

38. If you have a life ban how can you get your licence back? 14

39. Why don't you give infringement notices for all first offences? 14

40. Can the court give training and education rather than disqualifications and fines? 14

Summary of Drink and Drug Drive Penalties

• Drink driving penalties 15

• Drug driving penalties 17

Question and Answer - Road Traffic Amendment (Alcohol and Drug Related Offences) Act 201 I Pdge 3

Question & Answer

Penalties

1. Why are the penalties changing?

The intention of the increased penalties is to deter drivers from driving while affected by alcohol or dmgs. To reflect therelative risk of crashing at each BAG level and the seriousness of an offence, the drink driving penalties increase as theBAG increases and the monetary penalties are higher for second and subsequent offences than for first offences.

The extension of the zero BAG limit to certain driver categories in addition to novice drivers recognises the increasedrisk that those drivers pose to passengers and other road users when driving with alcohol or drugs in the blood and willbring Western Australia's drink and drug driving laws into line with similar laws operating in other jurisdictions.

2. Why is there such a large increase in monetary penalties?

The primary aim of penalties is to deter drivers from offending or re-offending. It is intended that the recommendedchanges in penalties will contribute to achieving that aim.

Deterrence theory suggests that, to serve as an effective deterrent, a penalty must be immediate, certain and ofa sufficiently large size to inconvenience the offender. Drink driving penalties in Western Australia have remainedunchanged since 1997, despite the consumer price index showing inflationary increases in excess of 40% since then.The fine increases being implemented reflect this fact.

3. How do we compare with other states? Does this make WA tougher than the rest of the states?

Following comparison of drink driving BAG ranges and penalties for several Australian jurisdictions including WesternAustralia, Victoria and New South Wales (NSW), despite differences in BAG ranges for enforcement purposes betweenjurisdictions, it is clear that Western Australia's current penalties for drink driving are significantly lower than those inVictoria and NSW.

The new penalties will bring Western Australia's penalties within the range of other jurisdictions.

4. Why are we not tougher on drink and dmg drivers?

The drink driving penalties seek to reflect the relative risk of crashing at each BAG level, with the level of fines andduration of licence disqualification increasing as BAG rises.

It is also considered reasonable that penalties for drink driving are tempered by other considerations. Penaltiesthat are directly related to crash risk alone would result in fines that are significantly higher than those that are beingimplemented. Given that many offenders cannot afford to pay fines, imposing fines that are extremely high increasesthe risk of offenders losing their licence for non-payment and continuing to drive unlicensed.

Queslion and Answer - Road Traffic Arnendmeill (Alcohol and Only Relaled Offences) Acl 201 I

5. Why do you always punish people, why not reward the good drivers?

Intuitively, it would seem logical that a combination of rewards to encourage safe driving behaviour along with penaltiesfor unsafe driving through enforcement of the road rules would assist road safety. As such, the Road Safety Councilhas considered whether it should recommend the introduction of a safe driving reward scheme.

Any such reward scheme would need to be evidence-based to ensure a positive road safety outcome and value formoney. Unfortunately, the evidence on the effectiveness of driver reward programs is not well developed. Surprisingly,at this stage, it appears that some programs that reward 'good' drivers can actually lead to an increase in poor driverbehaviour. Before the Road Safety Council can recommend any wide scale implementation of a driver rewardprogram, there needs to be more empirical testing of the impact of these types of initiatives on driver behaviour.

6. Why are you focussing on penalties? You should be telling people the harm of alcohol and what it takes tomake them over the legal limit.

The Road Safety Council Community Education Program seeks to communicate key messages about a numberof issues including drink driving. Campaigns are developed targeting drink drivers that are designed to increaseawareness about the harms and consequences associated with drinking and driving, to educate about alcoholconsumption and impairment and to create the perception that, "if you drink and drive you will be caught".

7. It's not fair, fines are already too high for disadvantaged groups.

There is a pressing need to make penalties more relevant to the potential problems that breaches of these offencescan cause. The primary aim of penalties is to deter drivers from offending or re-offending. It is intended that therecommended changes in penalties will contribute to achieving that aim.

Drink driving penalties in Western Australia have remained unchanged since 1997, despite the consumer price indexshowing inflationary increases of about 40% since then. In addition, Western Australia has a relatively low drink drivingpenalty regime compared to other jurisdictions. The fine increases being implemented reflect this fact.

8. How do drink driving penalties compare with penalties for other offences - for example speed?

Speeding by light vehicles(Cars, motorcycles and other vehicles less than 22.5 tonnes Gross Combination Mass):

km/h over the speed limitNot more than 9 km/hMore than 9 km/h but not more than 19 km/hMore than 19 km/h but not more than 29 km/hMore than 29 km/h but not more than 40 km/hMore than 40 km/h

Fine$75$150$300$700

$1,000

Demerits*

02357

Police can impound the vehides of drivers who exceed the speed limit by more than 45 km/h.

Question and Answer - Road Traffic Amendment (Alcohol and Drug Related Offences) Act 201 I

Speeding by heavy vehicles(Vehicles with a Gross Combination Mass of 22.5 tonnes or more):

km/h over the speed limitNot more than 9 km/hMore than 9 km/h but not more than 19 km/hMore than 19 km/h but not more than 29 km/hMore than 29 km/h but not more than 40 km/hMore than 40 km/h

Fine$150$250$400$850

$1,000

Demerits*

02357

Police can impound the vehicles of drivers who exceed the speed limit by more than 45 km/h.

* Demerit points are doubled on long weekends and other prescribed holiday periods.

9. Will the new penalties fit in with the:

• Repeat Drink Driving Program that the Government has spoken about publicly on several occasions andhas indicated will be introduced in the future; and

• Immediate Disqualification legislation for those detected driving with a BAC of 0.08 or above?

The penalties were developed in conjunction with the development of both these programs and, as such, all three arecongment.

10. I'm already in the system having been charged with a drink driving offence. Will I be fined on the old scalesgiven I am pending a court case?

If the offence occurred prior to the proclamation, then you will be liable to the penalty at that time.

Section 10 of the Sentencing Act 1995 states that:

"If the statutory penalty for an offence changes between the time when the offender committed it and the time whenthe offender is sentenced for it, the lesser statutory penalty applies for the purposes of sentencing the offender."

11. How will the new penalties deal with repeat drink driving offenders?

The new penalties will deal with recidivism to the extent that a penalty of an appropriate size will effectively deterpeople from re-offending. Deterrence theory suggests that to be effective, a penalty must be swift, certain andsufficiently large to inconvenience the offender.

Fines have not increased since 1997. Between 1997 and 2010, the CPI has increased in excess of 40%. The fineincreases reflect this fact, whilst following an evidence-based risk curve. As such, the new fines are thought to presentan adequate deterrent.

12. How long is the period that determines whether an offence is classified as a first or repeat offence?

Currently, under the Road Traffic Act 1974 a repeat offence is one that occurs within a 20 year period of a previousoffence.


13. If I already have a first offence for drug driving does this affect the penalty I will receive if I am later convictedof a first offence for dnnk driving?

Yes, but for particular offence types only. In relation to a Driving Under the Influence (0.15 BAG and above) charge(section 63 of the Road Traffic Art W4), if a person has been previously convicted of dnving while impaired by drugs,failure to comply with driver assessment or failure to comply with a requirement to provide a sample, these convictionsshall be taken into account and deemed to be an offence under section 63.

Zero Blood Alcohol Content (BAC)

14. What is a vehicle with a gross combination mass (GCM) exceeding 22.5 tonnes - is this the weight of thevehicle with a load or without a load?

For the purposes of the legislation, a driver of a vehicle that has a gross combination mass (GCM) exceeding 22.5tonnes must be unimpaired by alcohol, ensuring that he/she has a zero BAG at all times when driving such a vehicle.

The GCM of a vehicle is the maximum engineering capacity of the vehicle in combination (i.e., with attached trailers),including the maximum permitted load to be carried in or on the vehicle and trailers. For the purposes of application ofthe new legislation, the actual weight of the vehicle and its load is irrelevant. For example, a prime mover may have aGCM of 125 tonnes (i.e., has the capacity to pull a triple road train), so the driver of this vehicle must comply with thezero BAG even when it is running without any trailers or load where its actual mass may be only 15 tonnes.

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 22.5 tonnes the zeroBAG limit will apply.

15. What class of licence does a person need to drive a vehicle that has a GCM exceeding 22.5 tonnes?

Drivers who hold an MR, HR, HC or MC class of licence may be affected by the introduction of the zero BAG limit.

Details of the types of vehicles that these licence holders can drive are provided in the table below.

Licence class

MR

HR

HC

MC

DetailsA motor vehicle, other than a motor cyde or motor carrier, that has 2 axles and aGross Vehicle Mass* (GVM) exceeding 8 tonne.

A motor vehicle, other than a motor cycle or motor carrier, that has at least 3axles and a GVM exceeding 8 tonne.

A motor vehicle that is attached to:a) a semi-trailer; orb) a trailer that has a GVM exceeding 9 tonne.

Any other vehicle.

* The Gross Vehide Mass (GVM) is the maximum loaded mass of a vehicle.

When driving one of these larger vehicles it is the driver's responsibility to confirm the vehicle's GCM. Where the GCMexceeds 22.5 tonne the zero BAG will apply.

Question and Answer - Road Traffic Amendment (Alcohol and Drug Related Offences) Act 2011

16. Why have a zero BAG for those driving vehicles that have a GCM exceeding 22.5 tonnes?

Research shows that when trucks are involved in crashes the severity of outcomes is higher. The potential for injury topedestrians or occupants of any car involved in a crash with a truck is high because of the size and weight of a tmckand the height of bumpers. The severity of injury is also elevated.

Even low levels of BAG can affect driving performance and impede reaction times. Issues such as brakingperformance, steering response, side and rear visibility and guiding the relatively larger size of these vehicles makethe task far more demanding than driving a car. As such, even small amounts of alcohol can affect a driver's ability tocope.

The trucking industry has no special requirements about alcohol other than as required by law. Other sections of thetransport industry are regulated without significant problems. For example, the aviation industry restricts airline pilotsto zero BAG. Penalties are severe including loss of job.

Alcohol accentuates the onset of fatigue. Professional drivers drive long hours leading to greater exposure and morelikelihood of being fatigued. Alcohol exacerbates the situation and impairs driving performance further.

The use of stimulants in the trucking industry is well documented. Research indicates that the use of dmgs incombination with alcohol (even small amounts) will impair a person's ability to drive.

17. Will a driving instructor, instructing a novice to drive a vehicle with a GCM exceeding 22.5 tonnes, be requiredto have a zero BAG? What about the novice driver?

A driving instructor is a passenger in the vehicle and is not subject to the same zero BAG limit. However as asupervisor of an inexperienced driver it is recommend that they maintain a zero BAG in case a situation arises wherethey are required to take over control of the vehicle.

The novice driver is subject to the zero BAG limit at all times while driving.

18. What is a passenger vehicle and in what circumstances does zero BAC apply?

The legislation states that when a person is driving a passenger vehicle that is equipped to seat more than 12 adults,including the driver, the driver cannot have any alcohol in his or her body when carrying any passengers, regardless ifthey are paying or non-paying passengers.

Some examples of passenger vehicles equipped to carry more than 12 adult passengers including the driver arebuses, large people movers, and troop carriers.

If the driver is driving the vehicle alone with no passengers, the usual 0.05 BAG applies.

The amendment will ensure that any person who drives such a vehicle must be unimpaired by alcohol and, as such,must have a zero BAG when the vehicle is carrying passengers, regardless of whether those passengers are farepaying passengers, school children, a sporting club or any other group of private individuals on an outing.

Question and Answer - Rodil Traffic Amendment (Alcohol and Drug Related Offences) Act 201 I

19. Why have a zero BAG for drivers of passenger vehicles when carrying passengers, regardless of whetherthose passengers pay a fare?

The consequences of a crash involving a vehicle, which is capable of carrying significantly more passengers thana light vehicle, could be severe. As such, there is an elevated risk due to the number of people being carried by thevehicle and the driver has a duty of care for the safety of those onboard.

Research shows that when such vehicles are involved in crashes the severity of outcomes is higher.

Issues such as braking performance, steering response, side and rear visibility and guiding the relatively larger sizeof these vehicles make the task far more demanding than driving a car. As such, even small amounts of alcohol canaffect a driver's ability to cope.

20. What is an omnibus?

An omnibus is a motor vehicle used, or intended to be used, as a passenger vehicle to carry passengers for hire orreward. The most commonly known type of omnibuses are small charter vehicles (SCVs), such as limousines orluxury sedan vehicles, and coaches and buses used for tours and/or charter (TC). Novelty vehicles such as tuk-tuksand customised motorcycles are also examples of omnibuses, if they are used for the carriage of passengers for hireand reward.

The amendment will ensure that any person who drives an omnibus must be unimpaired by alcohol, ensuring theyhave a zero BAG while driving a motor vehicle that is an omnibus, when the vehicle is carrying passengers for hire orreward. When not carrying passengers for hire or reward, a person driving a vehicle that is an omnibus will be requiredto adhere to the usual limit of 0.05 BAG.

In addition, any person who drives an omnibus that seats more than 12 adult passengers including the driver, musthave a zero BAG when the vehicle is carrying passengers, regardless of whether those passengers are carried for 'hireor reward'. When not carrying passengers, a person driving such a vehicle will be required to adhere to the usual limitof 0.05 BAG.

21. What is a taxi?

A taxi is a motor vehicle that is a 'taxi' pursuant to the Taxi Act 1994 or a 'taxi-car' pursuant to the TransportCoordination Act 1966.

Taxis' are licensed to operate in metropolitan Perth as defined by r.4 of the Taxi Regulations 1995.

Taxi-cars' are licensed to operate in regional areas of Western Australia as indicated on their licence.

Following introduction of the legislation, taxi drivers and taxi car drivers will be required to be unimpaired by alcohol,ensuring they have a zero BAG whenever carrying passengers for hire or reward. When not carrying passengers forhire or reward, a person driving a vehicle that is a taxi will be required to adhere to the usual limit of 0.05 BAG.

22. What is meant by 'hire or reward'?

When a passenger is carried for 'hire or reward', the passenger pays to be transported from one destination to another.Payment may be in the form of money or some other consideration.

Question and Answer - Road Traffic Amendment (Alcohol and Diug Related Offences) Act 2011

23. Who is a paying passenger? When does the transaction need to occur?

A paying passenger is one who engages a vehicle under hire or reward, regardless of whether the transaction is madebefore or after the event. In practice, the reward can be paid in advance, for example, a pre-booking with pre-payment,or paid at the commencement or termination of the journey.

24. Why have a zero BAC for drivers of taxis and omnibuses?

Drivers of these vehicles are usually paid to drive by their patrons. Patrons quite rightly expect the driver to beunimpaired by alcohol as a minimum service requirement and such drivers have a duty of care for the safety of thoseonboard.

In addition, professional drivers such as taxi drivers drive long hours leading to greater exposure and more likelihood ofbeing fatigued. Alcohol accentuates the onset of fatigue and impairs driving performance.

25. Why does zero BAG only apply to drivers of taxis and omnibuses (with 12 or less passenger seatsincluding the driver) while carrying fare paying passengers? Why not when carrying any passengers or nopassengers?

Many taxis and smaller omnibuses are also used by an operator or owner for private purposes when not beingoperated as a taxi or omnibus. Similarly, some taxis operate only during peak periods and for the majority of the weekthey are private vehicles. As such, the zero BAG requirement will only apply to a person driving a motor vehicle that isa taxi or an omnibus when the taxi or omnibus is being used to carry passengers for hire and reward.

26. I offer a courtesy bus service to customers. Will my driver have to have a zero BAG?

If the bus is equipped to seat more than 12 adult passengers (including the driver), then yes the driver will be requiredto have a zero BAG when carrying passengers. If it is a smaller vehicle that is licensed as an omnibus, then the driverwill also be required to have a zero BAG when driving the vehicle while carrying customers.

27. What is meant by the term 'vehicle carrying dangerous goods'?

The driver of a vehicle:

• that is required to be placarded under the Dangerous Goods Safety (Road and Rail Transport of Non-explosives)Regulations 2007 regulation 110; or

• that is a "placarded vehicle" as defined in the Dangerous Goods Safety (Explosives) Regulations 2007 regulation107(1),

is required to have a zero blood alcohol content if driving the relevant vehicle whenever the vehicle is carryingdangerous goods.

Question and Ans'A'er - Road Traffic Amendment (Alcohol and Drug Related Offences) Act 201 I Paye 10

28. What is a dangerous good?

The requirement for a person who drives a vehicle carrying dangerous goods to have a zero BAG applies to everyvehicle carrying dangerous goods.

Dangerous goods means a substance or article that is:

(a) prescribed by the regulations (see below) to be a dangerous good; or

(b) determined by the Chief Officer under the regulations to be dangerous goods.

Dangerous Goods Safety (General) Regulations 2007

1. Any substance that contains more than 45% ammonium nitrate.

2. Sulphur in any form, despite special provision 242 in the ADG Code Chapter 3 and despite regulation 4(5).

3. Any combustible liquid.

29. Why is a zero BAG being applied to drivers of vehicles carrying dangerous goods?

The consequences of a crash involving a motor vehicle carrying dangerous goods, as defined in the Dangerous GoodsSafety Act 2004, could be severe. Dangerous goods may be highly volatile or may be noxious and present a healthor environmental risk if spilled. The carriage of dangerous goods elevates the risk in the event of a crash due to thenature of the load.

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

30. If I got my extraordinary licence for an offence other than drink driving, will zero BAG still apply to me?

Zero BAG will apply to any holder of an Extraordinary Licence.

31. Explain the term 'recently disqualified driver'

If you have been convicted of a drink driving offence, when you recommence driving following the cessation of yourdisqualification period, you may be considered to be a 'recently disqualified driver'. From 1 October 2011, 'recentlydisqualified drivers' will be subject to a zero BAG, from the time they recommence driving, for a period of three years.

When a 'recently disqualified driver' commences driving after their disqualification period is over, they are subject toa restricted BAG. This recognises the gravity of risk to the community involved in the behaviour that led to their drinkdriving conviction. Prior to 1 October 2011, such drivers were restricted to 0.02 BAG for a period of three years. Thenew laws lower the restriction to zero BAG.

Question and Answer - Road Traffic Amendment (Alcohol and Drug Related Offences) Act 201 I Page

You will be a 'recently disqualified driver' when you recommence driving if you were convicted of the following offences:

• a DUI (s 63), a refusal to provide breath, blood or urine sample (s 67) or a second 0.08 (s 64); or

• a DUI (s 63), refusal to provide breath, blood or urine sample (s 67), drug impaired driving (s 64AB), refusal tocomply with a requirement to submit to a driver assessment or to provide a blood or urine sample (s 67AA), whereyou have a previous conviction for an offence against s 63, 67,64AB, 67AAor 64 (0.08).

The law is complex, however, and as such it is recommended that legal advice be sought to confirm whether you are a'recently disqualified driver'.

32. Did zero BAG apply to any groups of drivers prior to the penalty changes?

Prior to the penalty changes, zero BAG applied to novice drivers.

33. Explain the zero BAG exemption for certain drivers responding to an emergency incident.

A variety of emergency services workers (both volunteer and paid) throughout Western Australia could be called outat any time to respond to an incident. They do not have rosters and must simply respond at a moment's notice whenneeded. Passenger vehicles with capacity to carry more than 12 adult passengers including the driver (e.g. a bus) andvehicles with a GCM exceeding 22.5 tonnes are vehicles that volunteers may need to drive in the course of respondingto an incident.

Presently, an emergency services worker can respond to a call-out and drive such a vehicle, provided he or she has aBAG below 0.05. Under the changes to legislation, drivers of these vehicles would be subject to zero BAG.

However, the new law recognises that the application of zero BAG could impede the ability of some emergencyservices workers and volunteers to respond to an emergency, if in the course of responding to the incident they arerequired to drive one or other of these vehicles. As such, the new law provides an exemption from zero BAG forcertain drivers (prescribed in regulation and outlined overieaf).

A person will be exempt if he or she:

• is driving either a passenger vehicle such as a bus (i.e., a vehicle that is equipped to seat more than 12 adultpassengers, including the driver) that is carrying passengers or a vehicle with a Gross Combination Mass (GCM)greater than 22.5 tonnes; and

• is driving it in the course of responding to an "incident" as defined in the Fire and Emergency Services Authority ofWestern Australia Act 1998 ("FESAAd") section 3; and

• is an officer or member of an emergency services organisation, or is employed by a local government authority.

In addition, a person will also be exempt if, in the course of responding to an "incident", he or she is driving either abus that is carrying passengers or a vehicle with a GCM greater than 22.5 tonnes; and is doing so in the course ofproviding services under a contract for service that has been engaged by the Fire and Emergency Services Authority ofWA, an emergency services organisation or a local government authority.


An emergency services organisation is any one of the following:

• a FESA Unit as defined in the FESAAct 1998 section 3;

• an SES Unit as defined in the FESAAct 1998 section 3;

• a VMRS Group as defined in the FESAAct 1998 section 3;

• a bush fire brigade as defined in the Bush Fires Act 1954 section 7(1);

• a private fire brigade as defined in the Fire Brigades Act 1942 section 4(1); and

• a volunteer fire brigade as defined in the Fire Brigades Act 1942 section 4(1).

Zero BAG will not apply to these drivers when driving a passenger vehicle with capacity to carry more than 12 adultpassengers including the driver that is carrying passengers or a vehicle with a GCM exceeding 22.5 tonnes, providedthe person is driving in the course of responding to an incident. In this situation, the driver will continue to be subject to0.05 BAG.

When driving a passenger vehicle that is carrying passengers or heavy vehicle, as defined above, in circumstancesother than responding to an incident, zero BAG will apply.

34. What is an incident?

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

35. Why are certain emergency services workers in the course of responding to an incident exempt from the zeroBAG?

Call-outs are emergency situations and, as such, cannot be planned. The exemption from zero BAG for certainemergency services workers (prescribed in regulation) will ensure that the valuable volunteers in our community, whorespond to emergencies such as floods, cyclones and earthquakes and participate in search and rescue missions, willcontinue to be able to respond to call-outs. These people are vital to the State's emergency response capabilities.

36. Does this mean a volunteer fire fighter can drive drunk?

All emergency services workers including volunteer fire fighters will continue to be subject to the provisions of section64AA, which prohibits a person from driving any motor vehicle while having a BAG of or above 0.05.

Question and Ans.ver - Road Traffic Amendment (Alcohol and Drug Relalecl Offences) Act 201 I Page !3

Miscellaneous

37. I know someone who has a life suspension and got a new licence after 10 years. That's not life - what does lifesuspension actually mean?

After 10 years has passed, a person disqualified for life can apply to the District Court to have this life disqualificationlifted.

If you have been disqualified from driving for more than three years for a single offence, or disqualified permanently(life disqualification), you can apply to get your licence back, You can ask the Court to "Remove the Disqualification."The procedure is in section 78 of the Road Traffic Act 1974 and Order 81 C of the Rules of the Supreme Court 1971.

38. If you have a life ban how can you get your licence back?

An application to remove a life ban (i.e., a permanent disqualification) may be made after 10 years from the date onwhich the disqualification took effect.

The majority of applications can be made through the District Court. However if the original disqualification wasimposed by the Supreme Court then the application to lift the life ban is submitted to the Supreme Court.

39. Why don't you give infringement notices for all first offences?

Regulations made under the Road Traffic Act 1974 may prescribe particular offences that may be dealt with via theissue of an infringement notice. Offences such as excess 0.08 and DUI are not prescribed for these purposes. Section64AAA (no blood alcohol content) and section 64AA (excess 0.05) offences are prescribed for these purposes.

Policy dictates the decisions regarding which offences ought to be dealt with via the issue of an infringement notice,except in the case of an offence that attracts a penalty that is or that includes imprisonment. Those offences cannot bedealt with via the issue of an infringement notice. (See the Criminal Procedure Act 2004 section 5(2).)

40. Can the court give training and education rather than disqualifications and fines?

Disqualifications are mandatory for particular types of offences and therefore the sentencing Magistrate must imposedisqualifications in these circumstances. A Magistrate can however issue a Community Based Order in lieu of issuing afine.

The information provided in this document is a guide only and should not be relied on for legal purposes. Full details oftraffic offences and penalties are contained in the Road Traffic Act 1974 in conjunction with the Road Traffic Code 2000.Cop/es can be viewed at the Library and Information Service of Western Australia and are available online at the State LawPublisher website (http://www.slp.wa.gov.au) or for purchase from the State Law Publisher, 10 William Street, Perth WA6000.

Question and Answer - Road Traffic Amendment (Alcohol and Drug Related Offences) Act 201

TOWARDS ZERO

Summary of Drink and Drug Drive Penalties

Drink Driving Penalties

Zero BAG

A zero BAG applies to the following groups:

• Novice drivers

• Recently disqualified drivers

• Holders of Extraordinary licences

• Drivers of:

- heavy vehicles with a GCM exceeding 22.5 tonne

- passenger vehicles, equipped to seat more than 12 adults including the driver, while carrying passengers

- omnibuses, when carrying passengers for hire or reward

- taxis, when carrying passengers for hire or reward

- vehicles carrying dangerous goods.

Table 1: Zero BAG, First and Subsequent Offences

BAG

>0-<0.02

0.02-< 0.05

PenaltyInfringement

$100

Minimum

$150

$150

Maximum

$300

$300

Demerits / LicenceDisqualification3 demerit points*

3 months minimumdisqualification

* Demer'it points are doubled on long weekends and other prescribed holiday periods.

If a novice driver is disqualified, the licence is cancelled. For all other licence holders, a disqualification will result in asuspension,

Other penalties: fines and disqualification periods

The tables overieaf provide the penalties for drink driving offences for drivers who held a full licence at the time of theoffence.

Question and Ans'.'.er - Road Traffic Amendment (Alcohol and Diug Related Offences) Act 201 I

Table 2: Infringement and Court Penalties: First Offence 0.05 - < 0.08 BAG Only

BAG

0.05 - < 0.06

0.06 - < 0.07

0.07 - < 0.08

Penalty

Infringement

$250$250$250

Maximum CourtPenalty$500$500$500

Demerit Points*

345

* Demerit points are doubled on long weekends and other prescribed holiday periods.

Table 3: Court Penalties: 0.05 - S 0.15 BAG

BAG

0.05 - < 0.07

0.07 - < 0.08

0.08-< 0.09

0.09-< 0.11

0.11-< 0.13

0.13-< 0.15

£0.15*"°

Penalty Type

MinimumMaximum

DisqualificationMinimumMaximum






DisqualificationImprisonment

18t Offence

See table 2

See table 2

$500$1,500

6 months

$550$1,500

7 months

$650$1,500

8 months

$750$1,500

9 months$900

$2,50010 months

2nd Offence*

$500$1,000

6 months

$600$1,000

8 months$600

$1,5008 months

$900$1,500

10 months$1,200$2,000

14 months$1,600$2,500

18 months$2,100$3,500

30 months9 months

SubsequentOffence*

$500$1,000

8 months$600

$1,00010 months

$600$1,500

10 months$900

$1,50013 months

$1,200$2,000

17 months$1,600$3,000

30 months$2,100$5,000

Life18 months

* The disqualification for repeat offences may be licence cancellation, rather than suspension. It is recommended that legal advicebe sought to determine the specific disqualification that will apply in individual circumstances.

+ Penalties equivalent to those for driving with aBAC greater than or equal to 0. 15 will apply to those who fail to comply withrequirements to give a sample, undergo a driver assessment or follow other directions of a member of the WA Police.

n If an offender has a previous conviction fora BAC between 0.08 to less than 0.15, then the minimum fine fora first offence 0.158<4C and above may differ to that shown here. It is recommended that legal advice be sought to determine the applicable fineamount.

Qiieslion and Answer - Road Traffic Amendment (Alcohol and Drug Related Offences) Act 201 I

Drug Driving Penalties

Table 4Offence: Driving with the presence of a prescribed Illicit drugOffence: Failure to comply with requirement for sample of oral fluid or blood for drug testing

Offence

First offence

Second or subsequentoffence

Court Penalty

Minimum

N/A

$500

Maximum

$500

$1,000

Demerits / LicenceDisqualification3 demerit points*

6 months minimumdisqualification

' Demerit points are doubled on long weekends and other prescribed holiday periods.

Table 5Offence: Driving while impaired by a drugOffence: Failure to comply with requirement for driver assessment or provision blood or urine for druganalysis

Offence

First offence

Second offence

Subsequent offence

Court PenaltyMinimum

$900

$2,100

$2,100

Maximum

$2,500$3,500 or9 months

imprisonment

$5,000 or18 months

imprisonment

Licence Disqualification10 months minimum

30 months minimum

Life

The information provided in this document is a guide only and should not be relied on for legal purposes. Full details oftraffic offences and penalties are contained in the Road Traffic Act 1974 in conjunction with the Road Traffic Code 2000.Copies can be viewed at the Library and Information Service of Western Australia and are available online at the State LawPublisher website (http'J/www.slp.wa.gov.au) or for purchase from the State Law Publisher, 10 William Street, Perth WA6000.

Question and Ans',';er - Road Traffic Amendment (Alcoliol and Diug Related Offences) Acl 201 I Paije 17

changes to the laws relating to the penalties for drink and drug...

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