While it is up to every driver and motorcyclist to obey the road rules at all times, penalties do act as a deterrent for those who break them occasionally.
Almost all traffic offences attract demerit points. Once you have accumulated 12 demerit points within a three-year period you automatically lose your licence for three months (please note that novice drivers are restricted to 4 or 8 demerit points, depending on their status).
You may also lose your licence without incurring demerit points. For example, if you:
- are convicted of a drink driving offence
- offend repeatedly
- have a provisional licence and are convicted of certain traffic offences.
Traffic penalties in Western Australia are reviewed regularly. There are a number of principles and factors on which penalties are based, including:
- the risk of crashes occurring when road users break particular laws
- the potential harm caused by those actions
- the potential effectiveness of various forms of penalties
- the ability of people to pay fines and their impact on families, many members of which rely on cars to work, attend school and the like.
The penalties that are in place are not based on the amount of revenue that can be raised.
Full details of traffic offences and penalties are contained in the Road Traffic Code 2000. Penalties for some common road rules are also available in the appendices of the Drive Safe guide. Note that one Penalty Unit (PU) is equivalent to a $50 fine.
Details of Court-related traffic offences such as drink and drug driving, hoons, licensing breaches and serious offences such as dangerous and reckless driving are ontained within the primary statute, the Road Traffic Act 1974.
Speeding penalties
This information is a guide only and should not be relied on for legal purposes. Full details of traffic offences and penalties are contained in the Road Traffic Code 2000.
Speeding by light vehicles
(Cars, motorcycles and other vehicles less than 22.5 tonnes Gross Combination Mass)
| km/h over the speed limit |
Fine |
Demerits* |
| Not more than 9 km/h |
$75 |
0 |
| More than 9 km/h but not more than 19 km/h |
$150 |
2 |
| More than 19 km/h but not more than 29 km/h |
$300 |
3 |
| More than 29 km/h but not more than 40 km/h |
$700 |
5 |
| More than 40 km/h |
$1,000 |
7 |
Police can impound the vehicles of drivers who exceed the speed limit by more than 45 km/h.
Speeding by heavy vehicles
(Vehicles with a Gross Combination Mass of 22.5 tonnes or more)
| km/h over the speed limit |
Fine |
Demerits* |
| Not more than 9 km/h |
$150 |
0 |
| More than 9 km/h but not more than 19 km/h |
$250 |
2 |
| More than 19 km/h but not more than 29 km/h |
$400 |
3 |
| More than 29 km/h but not more than 40 km/h |
$850 |
5 |
| More than 40 km/h |
$1,000 |
7 |
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.
Non-use of restraints penalties
This information is a guide only and should not be relied on for legal purposes. Full details of traffic offences and penalties are contained in the Road Traffic Code 2000.
| Offence |
Fine |
Demerits* |
| |
|
|
| Unrestrained Driver |
$500 |
4 |
| with 1 unrestrained passenger |
$600 |
4 |
| with 2 unrestrained passengers |
$700 |
4 |
| with 3 unrestrained passengers |
$800 |
4 |
| with 4 or more unrestrained passengers |
$900 |
4 |
| |
|
|
| Restrained Driver |
|
|
| with 1 unrestrained passenger |
$500 |
4 |
| with 2 unrestrained passengers |
$600 |
4 |
| with 3 unrestrained passengers |
$700 |
4 |
| with 4 or more unrestrained passengers |
$800 |
4 |
| |
|
|
| Other |
|
|
| Unrestrained passenger over the age of 16 |
$500 |
0 |
| Driver not ensuring child under 7 years is suitably restrained** |
$500 |
4 |
| Driver allowing passenger in open utes, etc. |
$500 |
4 |
| Passenger riding in open utes, etc. |
$500 |
0 |
* Demerit points are doubled on long weekends and other prescribed holiday periods.
** Penalties for failing to restrain children properly changed on 1 October 2010.
Drink driving penalties
The drink driving penalties are outlined on the WA Police website.
Detailed information on the recent changes to drink and drug driving penalties can be found in the Amendments to Drink and Drug Driving Penalties Question and Answer document (17 page PDF 4.3 MB).
The legal information related to these penalties is contained within the Road Traffic Act 1974.