As of 1 October, amendments to the Road Traffic Act will bring WA legislation into line with similar legislation in Victoria and New South Wales. This will see a dramatic increase in monetary fines and disqualification periods for drivers caught driving under the influence of alcohol and or drugs. The amendments will also result in the holders of extraordinary licenses and recently disqualified drivers having to drive with a zero blood alcohol level. This zero blood alcohol level will also apply, on a day to day basis, to other groups of drivers, such as those who drive heavy vehicles, passenger vehicles with 12 seats and above, omnibuses and taxis.

Penalties are changing in order to deter drivers from driving whilst affected by alcohol and drugs. Currently WA’s penalties for drink driving are significantly lower that those in Victoria and New South Wales, having not changed significantly since 1997. As an example of the new penalties, a driver convicted of driving with a blood alcohol limit of 0.15% will now face a minimum fine of $900 and may be disqualified from driving for a minimum of 10 months. A driver found driving whilst impaired by a drug will similarly face a minimum fine of $900 and may also be disqualified for a minimum of 10 months.

Prior to these amendments, a requirement to drive with a zero blood alcohol limit only applied to novice drivers. Following these amendments, the zero blood alcohol limit will also apply to all holders of an extraordinary license and those drivers who have been recently disqualified. Once a person recommences driving, following a period of disqualification for nominated drink and drug driving offences, they can be required to maintain a zero blood alcohol level when driving any vehicle for a further period of three years.

The zero blood alcohol limit will also apply at all times to the drivers of heavy vehicles with a gross combination mass exceeding 22.5 tonnes. Heavy vehicle drivers should note that this new limit will apply to them, not only when they are towing trailers or loads, but also any time when they are driving the prime mover without a trailer or load. Drivers of a passenger vehicle equipped with 12 seats of more (including the drivers seat), whilst carrying passengers, will be required to have a zero blood alcohol limit. This will include the drivers of mini buses used by sporting clubs, people movers in the work place and troop carriers commonly used by tour operators. The zero blood alcohol limit will also apply to drivers carrying passengers for a fee or reward such as taxis and omnibuses, including special charter vehicles and limousines.

The amendments do recognise that in most country areas the local community rely heavily on volunteer emergency service workers. Most of these volunteers are called out on little notice and can not reasonably be expected to completely abstain from consuming alcohol on the odd chance they might be called out to an emergency. As such there will be an exemption for emergency workers who are called out to an emergency incident to operate vehicles which are normally required to be driven with a zero blood alcohol limit. The exemption to the zero blood alcohol limit will apply, but the driver must still not exceed a blood alcohol limit of .05%.