6 Legislation

6.1 National road code

6.1.1(c) Uniform road law (15 July 2002)

As far as practicable, traffic laws, vehicle standards, driver licensing and traffic management practices should be uniform across all States and Territories, and traffic legislation should comply with the Australian Road Rules.

6.2 Regulations

6.2.1 Public acceptance (27 May 1991)

Traffic legislation should have the general acceptance of the community because without this acceptance the law would be brought into disrepute.

6.2.2 Review of regulations (27 May 1991)

Existing traffic legislation should be reviewed and consideration given to:

• deregulation where simple positive direction should be given by signs, signals or pavement markings;

• simplification to make the regulations easier to understand; and

• partial decriminalisation so that some minor offences should be considered by administrative rather than judicial procedures.

6.2.3 Driver identification (February 2000)

The RAC supports legislation which requires the owner of a vehicle to identify the driver of that vehicle at the time a traffic offence was detected by photographic evidence.

Failure to identify the driver, or to advise that the vehicle was stolen or unlawfully used at that time should result in the owner of the vehicle being deemed responsible for the offence.  Legislation must allow for instances where the owner is unable to identify the driver after making reasonable inquiries.

6.3 Speed

6.3.1(c) General speed limits and speed zoning (29 June 1998)

 While recognising the advantages of absolute speed limits, speed zoning for individual sections of road should be extended as far as practicable.  The use of speed buffer zones is supported.

6.3.2 Conditions for speed zones (27 May 1991)

Speed zones should be based on local road conditions and selected to minimise dispersion but not changed so frequently that motorists become confused.

The reasons for the speed zones should be apparent to drivers.

6.3.3 Signing of speed zones (27 May 1991)

Speed zones should be clearly signed and include intermediate reminder signs.  On multi-laned divided carriageways, speed zone signs should be erected on both sides of each carriageway.

6.3.4(c) Open road speed limits (28 May 2001)

The RAC supports the open road speed limit of 110km/h in Western Australia and would oppose moves towards increasing this limit due to the negative road safety consequences which would result.

The RAC urges road users to be aware that the posted speed limit is the maximum speed allowed on that section of road.  Vehicle speeds should be adjusted to accommodate the capability of the vehicle and driver, weather, poor visibility and the condition of the road.

The RAC supports speed zoning below 110km/h for those rural roads and section of highways which are considered to be unsafe at a speed limit of 110km/h.

Any proposal to introduce a blanket, open road speed limit of 100km/h must be supported by evidence as to the road safety benefits which would accrue to such a move, an analysis of public support for the measure and analysis of enforcement and other resources required by the measure.

6.4 Alcohol, drugs and driving

6.4.1(c) Blood alcohol content (27 May 2002)

RAC unreservedly condemns the driver who drives with faculties impaired by alcohol and/or drugs and supports the provision of severe penalties for those who do so.

A graduated scale of penalties should apply to drink driving offences, recognising the serious nature of driving with a high blood alcohol content (BAC).

Legislation concerning the offence of driving with a BAC between 0.05% and less than 0.08% should ensure that the offence is only dealt with by a Traffic Infringement Notice.

The RAC is cognisant of the increased road accident risks for inexperienced drivers and therefore supports legislation making it an offence to drive with a BAC of or exceeding 0.02% for the period of a provisional licence

The RAC supports legislation making it an offence for a learner driver to drive with a BAC of or exceeding 0.02%, and making it an offence for the supervisor to have a BAC of or exceeding 0.05%.

6.4.2 Blood and breath testing (27 May 1991)

Compulsory blood and/or breath-testing should be undertaken by qualified personnel using test procedures and equipment that are within tolerances specified by legislation and all tests should be conducted to acceptable standards of hygiene.

Where there has been a breath test or blood sample taken, the results should be made available to the person tested.

6.4.3 Optional evidentiary blood tests (27 May 1991)

Motorists alleged to have a blood alcohol content above the legal limit as a result of breath testing should have the opportunity, and be informed by the Police of their right, for an alternative optional evidentiary blood test.

6.4.4 Penalties (27 May 1991)

Suitable penalties should be imposed on motorists who drive under the influence of alcohol and/or drugs and whose driving is noticeably impaired.

6.4.5 Education (27 May 1991)

Information  on legal blood alcohol content limit, the effects of alcohol and drugs on driving ability, the role of alcohol and drugs in crashes and penalties should be:

• an integral part of the process of the initial issue of a driving licence, including the testing of knowledge on these matters; and

• included in appropriate training programmes and road safety publicity.

Information on the relationship between the use of alcohol and drugs and impairment of driving ability should be part of the curriculum of all schools.

6.4.6 Random breath testing (27 May 1991)

Police should continue to use intensified, highly visible random breath testing.

6.4.7 Rehabilitation programmes (27 May 1991)

Drivers convicted of a second or subsequent drink/drug-driving offence, or detected as having a blood-alcohol concentration exceeding 0.15, should be referred to appropriate health authorities for assessment of their alcohol or drug dependency and subsequent rehabilitation.  Adequate facilities should be established for this purpose.

Offenders considered to be 'high risk' by expert medical opinion should not have their driving licences restored at the end of the period of disqualification until satisfactory medical evidence is submitted that they do not, by reason of their drinking/drug taking habits, present an undue danger to themselves or other road users.

Drivers required to attend rehabilitation programmes should do so throughout the disqualification period rather than, as is commonly the case, near the end.

Procedures for the referral of drunk-drivers to rehabilitation centres should be uniform, as should the content and structure of rehabilitation courses.  Each of the courses should be evaluated on an ongoing basis.

The procedures under which Magistrates restore licences to convicted drunk-drivers should ensure that an evaluation of the driver's aptitude to hold a licence has been established.

6.4.8 Drugs and driving (27 May 1991)

Research into the drug driving problem should continue to investigate the effects of prescription and non-prescription drugs on the driving task and to establish a practical test to readily identify drug-affected drivers.

6.4.9(c) Breath-alcohol ignition interlocks (27 May 2002)

The RAC believes that breath alcohol ignition interlock devices have the potential to reduce the incidence of drink driving in WA.

The RAC supports an evaluation of the road safety outcomes of breath alcohol interlock programs in other Australian jurisdiction, prior to consideration of adoption of a similar program in WA.

6.5 Occupant protection devices

6.5.1 Legislation (27 May 1991)

Seat belts and child restraints, approved to Australian Standards, should be properly adjusted and securely fastened, unless an exemption is provided.

Exemptions should be kept to a minimum and reviewed regularly. 

6.5.2 Increased use of vehicle occupant restraints (16 September 2002)

Increased use of vehicle occupant restraints should be encouraged by publicity, enforcement and educational programmes, with priority given to the following groups;

• Children

• Young adults

• Rural males

6.5.3(c) Research (29 June 1998)

There should be on-going research and development to improve:

• safety, ease of use and comfort of seat belts and child restraints; and

• compatibility between wearers, restraints and vehicles

6.5.4 Surveys (27 May 1991)

Surveys should be conducted to determine reasons for the non-wearing of adult and child restraints so that countermeasures may be directed specifically to the target groups most represented among non-wearers.

6.5.5(c) Air bags (16 September 2002)

Manufacturers should be encouraged to fit driver and front passenger air bags, and side air bags as standard in all their vehicles.

6.5.6(c) Head restraints (16 September 2002)

Manufacturers should be obliged to design head restraints to minimise the risk of neck injuries.

6.6 Licensing

6.6.1 Standardisation (27 May 1991)

There should be an Australian Standard for the issue and revocation of driver licences, which should include:

• vehicle categories;

• vehicle performance criteria;

• licensing ages;

• learners' permits;

• graduated licences; and

• provisional licences

6.6.2(c) Graduated licensing (27 May 1991)

RACWA recommends that pilot studies be made to evaluate schemes of graduated licensing including those based on age, driving experience and vehicle power.

6.6.3 Under age licensing (27 May 1991)

Licensing authorities should have the discretion to issue a licence to a person under the recommended age.

6.6.4 Driving licence control between states (27 May 1991)

A person whose driving licence has been revoked, suspended or otherwise restricted in one State or Territory should not be allowed to hold a licence in another State or Territory without full enquiry by the relevant authority into the reason for the restriction.

6.6.5 Medical disabilities (27 May 1991)

Persons should be precluded by legislative measures from driving if they suffer from temporary or permanent disorders which, by themselves or in association with medical treatment, render them unfit to drive.

6.6.6 Notification of medical disability (27 May 1991)

Although the responsibility rests primarily with the driver, legislation should provide that:

• medical practitioners, opticians, physiotherapists or other appropriate health works or authorities should ensure that licensing authorities are informed of a patient who should be precluded from driving;

• any such person or authority involved in the prevention of persons from driving for medical or health reasons should be adequately protected from legal liability;

• licence holders should be notified in writing of the medical condition which precludes them from driving; and

• where the person's licence is subsequently suspended or cancelled, a right of appeal should exist.

6.6.7(c) Photographs on driver's licences (29 June 1998)

Driver's licences should include photographic identification.  Exemption should be permitted for residents in remote area.

6.6.8(c) Compulsory carrying of drivers licences (29 June 1998)

Drivers and riders of motorcycles should be encouraged to carry their driver's licence when in control of a vehicle.

6.6.9(c) Provisional driver's licences (15 April 2002)

The RAC supports a provisional licence period of at least two years duration.

During the provisional licence period it should be an offence to drive while not displaying a special identifying plate or with a blood alcohol content of or exceeding 0.02%.