DANGEROUS DRIVING
Dangerous driving in itself, dangerous driving causing bodily harm and
dangerous driving causing grievous bodily harm or death are all unlawful.
Danger in the context of driving has been described as a real potential
danger arising out of a substantial possibility of injury to persons who might
be reasonably expected to come upon the street (Morton v Bevis (1993) 19 MVR
181).
Bodily harm means any bodily injury which interferes with health or comfort.
Grievous bodily harm means any bodily injury of such a nature as to endanger or
be likely to endanger life or to cause or be likely to cause permanent injury to
health.
Dangerous Driving
|
|
|
1st
Offence |
PU |
2nd
Offence |
PU |
Subsequent |
PU |
|
Dangerous
Driving Causing Death or GB Harm
s59 |
Summary
Max:
Disq:
Indictment
Max:
Disq:
Impr: |
$8000
Min: 2 yrs
$20000-Unlimited Fine
Min: 2 yrs
Max:4-20 yrs |
160 |
|
|
|
|
|
Dangerous
Driving Causing Bodily Harm s59A |
Max:
Disq:
Impr: |
$4000
Min: 12 mths
6 mths |
80 |
$8000
Min: 18 mths
18 mths |
160 |
$8000
Min: 18 mths
18mths |
160 |
|
Dangerous Driving s61 |
Max: Disq:
Impr: |
$800 |
16 |
$2,000 Min: 12 mths
6 mnths |
40 |
$2000 Min: 1 mnths
6 mnths |
40 |
Reckless Driving
Any person who wilfully drives a motor vehicle in a manner that is inherently
dangerous or that is, having regard to all circumstances, dangerous to the
public or any person commits an offence.
Reckless Driving
|
|
|
1st
Offence |
PU |
2nd
Offence |
PU |
Subsequent |
PU |
|
Reckless
Driving s60 |
Max:
Disq:
Impr: |
$1000
Min: 6 mths
6 mths |
20 |
$1200
Min: 12 mths
6 mths |
24 |
$2400
Life
12 mths
|
48 |
Careless Driving
Any person who drives a motor vehicle without due care and attention commits
an offence.
|
|
|
1st
Offence |
PU |
2nd
Offence |
PU |
Subsequent |
PU |
|
Careless
Driving s62 |
Max:
|
$600 |
12 |
$600 |
12 |
$600 |
12 |
Extraordinary Driver’s Licenses can be given to driver’s whose licenses have
been disqualified in certain circumstances.
Extraordinary Driver’s Licenses
It is possible in certain circumstances for would be drivers who have been
disqualified from holding or obtaining a driver’s License to obtain an
Extraordinary Driver’s License to enable them to drive at least for specified
reasons etc.
The Court will consider a variety of circumstances when such an application
is made but in particular the following:
- The safety of the public generally;
- The character of the applicant;
- The circumstances of the case;
- The nature of the offence or offences giving rise to the disqualification;
- The conduct of the applicant subsequent to the disqualification; and
- The degree of hardship and inconvenience which would otherwise result to
the applicant and his family if the court refrains from making the order.
Considerations such as being deprived of the means of obtaining urgent
medical treatment or an income are particularly relevant.
It is not possible to apply for an extraordinary driver’s license if the
applicant’s license has been suspended because of unpaid fines.
The disqualification must result from an offence against Western Australian
Law.
The length of time the applicant needs to wait before applying for such a
license will depend on their prior traffic record.
Table of waiting periods before applying for an Extraordinary Driver’s
License
|
Offence |
Time |
|
Excess 0.05
(2nd or subsequent offence) S64AA |
21 days |
|
Excess 0.08
(1st offence) S64(2)(a) |
1 Month
s76(12) |
|
Excess 0.08
(1st offence) + prior Fail to give Preliminary Test
S64(2)(a) + s67A |
2 Months
s76(1a)(f) |
|
Excess 0.08
(2nd offence) S64(2)(b) |
2 Months
s76(1a)(e) |
|
Excess 0.08
+ prior DUI |
2 Months |
|
Excess 0.08
(3rd or subsequent offence) S64(2)(b) |
3 Months
s76(1a)© |
|
DUI (1st
offence) S63(2)(a) |
2 Months
s76(12)(b) |
|
DUI (1st
offence) + prior Excess 0.08 S63(2)(a) + s64 |
3 Months
s76(1a)(b) |
|
DUI (2nd
or subsequent offence) S63(2)(b) or (c) |
4 Months
s76(1a)(a) |
|
Fail to
Comply (1st offence) S67(3)(a) |
2 Months
s76(12)(b) |
|
Fail to
Comply + prior Excess 0.08 S67(3)(a) + s64 |
3 Months
s76(1a)(b) |
|
Fail to
Comply (2nd or subsequent offence) S67(3)(b) or (c) |
4 Months
s76(1a)(a) |
|
Fail to give
Preliminary Test (1st offence) S67A(3)(a)
|
1 Month
s76(12)(a) |
|
Fail to give
Preliminary Test (2nd offence) S67A(3)(b) |
2 Months
s76(1a)(g) |
|
Fail to give
Preliminary Test (3rd or subsequent offence) S67A(3)(b)
|
3 Months
s76(1a)(d) |
|
Other
(includes non-drink related disqualifications) |
21 days
s76(1a)(h) |
It is also possible to make a special extraordinary driver’s License
application which have different waiting periods.
Uplifting Drivers License Disqualifications
If a person has lost their license for more than 3 years or they have been
permanently disqualified or disqualified from driving for life they can apply to
have their driver’s license disqualification uplifted.
The waiting period before that application can be made is:-
|
Disqualification |
Waiting
Period |
|
Less than 6
years |
3 years |
|
Between 6
years and 20 years |
Half
disqualification |
|
Life or
permanently |
10 years |
A variety of paperwork needs to be completed and filed at the Court for an
application to be made. They include a Notice of Motion, an Affidavit of the
applicant. Other documents that may be included are if the disqualification was
due to drink driving a letter from a doctor supported by Affidavit (including
possibly a liver function test), letters from friends and relatives supported by
Affidavit as to character and a letter from an employer supported by Affidavit
regarding work or job prospects affected by the absence of a license.
Most applications are made to the District Court, however, if the license was
disqualified by the Supreme Court then the application needs to be made there.
If you are successful with your application you cannot drive immediately. You
will need to extract an Order from the Court and then attend a police traffic
office and apply for a license. The normal application and testing procedures
will then apply.
FURTHER INFORMATION
This information has been provided by Julienne Penny & Associates who
practice and have a particular interest in Road Traffic Law and the Law relating
to Drivers Licenses. Julienne Penny and Associates aim to provide down to earth
legal solutions for everyday legal problems. We have offices at 19 Bannister
Street, Fremantle and 2A McLarty Road, Pinjarra, Western Australia. Ph: 9430
5700 and 041 991 5100. Fax: 9430 5259. Email: legal@juliennepenny.com.au.
Website: www.juliennepenny.com.au. Valid as at last update: 13/12/04.
