Excessive Speeding in Western Australia
In Western Australia, driving at a reckless speed is an offence under the Road Traffic Act 1974. There are also various other offences relating to excessive speeding in WA. This page outlines the laws surrounding excessive speeding offences in WA.
The offence of driving at a reckless speed
Under section 60A of the Road Traffic Act 1974, it is an offence to drive at a speed of 155km/h or more on any length of road. It is also an offence to drive at more than 45km/h over the speed limit in a confiscation zone or on any length of road.
Aggravated offence
The offence of driving at a reckless speed is aggravated if the offender:
- Was unlawfully driving the vehicle without the consent of the owner;
- Was unlicensed or disqualified from driving;
- Was driving at 30km/h or more over the speed limit;
- Was driving to escape pursuit by police.
The penalties for this offence are set out in the table below.
| Offence | Maximum penalty | Licence disqualification period | Minimum penalty |
|---|---|---|---|
| First offence | Fine of 120 penalty units or imprisonment for nine months | At least six months | - |
| Second offence | Fine of 180 penalty units or imprisonment for nine months | At least 12 months | - |
| Third or subsequent offence | Fine of 240 penalty units or imprisonment for 12 months | Permanent disqualification | - |
| First or second aggravated offence | Imprisonment for five years (or two years on summary conviction) | At least two years | Imprisonment for six months, not suspended |
| Third or subsequent aggravated offence | Imprisonment for five years (or two years on summary conviction) | Permanent disqualification | Imprisonment for six months, not suspended |
Other excessive speeding offences
The laws regarding speeding generally are set out in the Road Traffic Code 2000.
Regulation 17 of the Road Traffic Code sets out the penalties that apply to speeding offences in WA. These are set out in the table below.
| Offence | Demerit points | Fine |
|---|---|---|
| Speeding by less than 9km/h | - | 2 penalty units |
| Speeding by 9km/h - 19km/h | 2 | 4 penalty units |
| Speeding by 9km/h - 19km/h during a holiday period | 4 | 4 penalty units |
| Speeding by 19km/h - 29 km/h | 3 | 8 penalty units |
| Speeding by 19km/h - 29km/h during a holiday period | 6 | 8 penalty units |
| Speeding by 29km/h - 40km/h | 6 | 16 penalty units |
| Speeding by 29km/h - 40km/h during a holiday period | 12 | 16 penalty units |
| Speeding by more than 40km/h | 7 | 24 penalty units |
| Speeding by more than 40km/h during a holiday period | 14 | 24 penalty units |
Please note that larger fines apply to drivers of heavy vehicles.
Licence disqualification
When a person is disqualified from driving for a period of time, they must not drive until that period is over. If a person is caught driving while disqualified, they will be charged with an offence and may receive a term of imprisonment.
Extraordinary driver’s licences
An extraordinary driver’s licence allows a person who has been disqualified from driving to drive in certain circumstances. It is granted by whichever court imposed the licence disqualification and is subject to strict conditions.
A person can apply for an extraordinary driver’s licence if they are subject to a licence disqualification or suspension. The court may grant an emergency licence if the person shows that if they cannot drive:
- They or a family member will be unable to get urgent medical treatment for an existing disability, disease, or illness;
- The main source of income will be lost, causing undue financial burden on the person or their family;
- They or someone in their family will have no practicable means of transport to and from work.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.