Western Australia Archives

The Road Traffic Code and Often Unknown Offences

Traffic Law Funny, Traffic Law, Western Australia

This article is not to be taken as legal advice and is written primarily for amusement and educational purposes.

Here at Kroon Legal we know the law can sometimes be peculiar and contain little known rules and regulations that at first sight seem bizarre. The source of some of these can be from old laws that are outdated, some that have a genuine but relatively unknown need and some that, well we just don’t know.

A great source of some of the less known laws in WA is the Road Traffic Code (the Code) and if you use a road, whether as a driver, cyclist or a pedestrian the law applies to you. The definition of ‘road’ is very wide and it includes places like shopping centre carparks. It could even be argued the drive through at a fast food restaurant is a road for the purposes of the Code.

50 km/h in built-up areas

We all know that the default speed limit in a built-up area is 50 km/h unless signposted otherwise; but what is a built-up area? The legal definition in the Code is any road that has streetlights or structures devoted to business, industry or houses at intervals of less than 100 metres for a distance of at least 500 metres. (r 3 & r 11 of the Code).

Difference between highway and freeway

Most of you would have seen the signs that prohibit certain vehicles on the freeway; for example animals, cyclists, pedestrians; but a little known law is the minimum speed. Unless it is unsafe or traffic congestion does not permit you to, you have to drive no greater than 20 km/h below the posted limit. On most parts of the freeways in WA that’s 80 km/h. What’s the fine? $50. (r 12 of the Code).

Interference with speed detection

Want to buy that special number plate cover that can’t be photographed or the radar / laser jammer? Most of us know these devices are illegal but what a lot of people don’t know is the fines are pretty hefty if you get caught. What’s the fine? $1200 for a car and $1500 for heavy vehicles. Plus a lot of demerit points. If you did this in a holiday period and double demerits apply; 14 points and you only have 12 before you can lose your licence (unless you’re a learner or P plater and then you have less points).

Turning left from the right lane

We’ve seen those red and orange signs on the back of heavy vehicles that say ‘Do Not Overtake Turning Vehicle’. There’s a good reason for that sign because if a heavy vehicle is turning left or right and you overtake them and it’s not safe to do so you’ve just committed an offence. It’s also lawful for a heavy vehicle to turn left from the right lane and vice versa if the size of the vehicle requires it to. Get caught trying to slip down the side of a heavy vehicle in circumstances like this and you’ve cost yourself a fine of either $100 or $200 depending on the circumstances. (r 21 & r 123 of the Code).

U-Turns at traffic lights

Unless there’s a sign in front of you that says ‘U Turn Permitted’ it’s against the law to do a U-Turn at a set of traffic lights. This one’s a $100 fine. (r 31 of the Code).

Give way to public buses

Similar to the orange and red signs on heavy vehicles, most public buses have a sign on the right hand rear that say ‘Give Way’ with a picture of the bus indicating right. That’s because it is law to give way to a bus that is indicating to the right from the left side of the road or a bus bay and is either stopped or moving slowly. The fine for this one is $200. (r 59 of the Code).

Courtesy when overtaking

No doubt, most drivers have experienced the person who speeds up when you’re overtaking them, particularly in the overtaking lanes. Well that is not lawful and this is the only part of our traffic laws that uses the word ‘courtesy’. If someone speeds up or drives in a manner that prevents people from overtaking they are liable for a $200 fine. (r 125 of the Code).

Stopping near a bus stop

We all know we shouldn’t park near a bus stop but have I’m sure most driver’s have sometimes stopped near one to drop someone off or something similar. Well if we do and it’s not because we have to (for example waiting for traffic or giving way to a bus), we can be fined. The relevant distances are 20 metres before and 10 metres after a bus stop. What’s the fine? $50. (r 164 of the Code).

Stopping near a letter box

Unless there are parking signs permitting you to do so, if you stop within 3 metres of a red public letter box and you’re not dropping off mail or passengers you can be fined $50. (r 167 of the Code).

Parking on the wrong side of the road

Sometimes we see vehicles parked on a road or a parking bay that’s facing the wrong way. Well that’s against the Code as so is parking on a road without bays marked but within one metre of the front or rear of another vehicle. $50 fine for either of these. (r 176 of the Code).

Securing your vehicle

If you leave your vehicle, you must stop the engine and apply your brake. Leaving your vehicle is defined as moving more than 3 metres away from it so if you stop somewhere and jump out to pop into a shop you can’t leave the vehicle running. It doesn’t matter if a passenger is in the vehicle. When there is no passenger in the vehicle who is 16 years or older, you must also lock your vehicle and wind your windows up to no less than 2 centimetres. So when you see someone’s parked at the shops and has left the windows down so the dog’s are cool they’re still risking a $50 fine. (r 181 of the Code).

Headlights must be on during hours of darkness

You would think this regulation is pretty straight forward but what’s the definition of ‘hours of darkness’? Turns out it is simply after sunset and before sunrise. So if you’re driving in twilight and the sun has just set, lights on or you may be fined $100. (r 182 of the Code).

Fog lights

Using fog lights when not in fog or other hazardous weather conditions causing reduced visibility is an offence and carries with it a $100 fine. An even more obscure part of the law on fog lights is if conditions permit you to have them on, you’re not permitted to have them on simultaneously with headlights, even at night. That’s also a $100 fine. (r 183 of the Code).

Using your horn

It’s illegal to use your horn when it is not necessary to warn other users or animals of your approach or position. So the little toot to say g’day or goodbye to friends or the friendly toot toot at the lights to the daydreamer in front could cost you $50. (r 190 of the Code).

Pedestrian crossing the road

Pedestrian’s must cross the road using the shortest safe route and not stay on the road any longer than necessary to cross. Walking down the middle of the road is unlawful and these pedestrians could be fined $50. (r 196 of the Code).

Pedestrian crossing available but not used

We’ve probably seen someone crossing the road at a set of lights without pushing the button to use the pedestrian crossing. Well that‘s a $50 fine if they’ve crossed against the red pedestrian light. It’s also illegal to cross within 20 metres of a pedestrian crossing. Again $50 fine. (r 197 & r 199 of the Code).

Games on roads

Cricket and footy are great to play on the road; right? Maybe but not according to the Code. Here’s another $50 fine if a person does. (r 205 of the Code).

Dinky rides on bikes

As a kid we may have given a friend a dinky ride on our bike. Well if it’s not designed for two or more the rider can cop a $50 fine. (r 212 of the Code).

Window washers

The cheap $2 window wash you sometimes see at intersections might keep your glass clean but that person is breaking the law and can be fined $50. What a lot of people don’t know is the driver who pays them can also be fined $50. The same applies to people hitchhiking and those who give them rides. (r 259 of the Code).

All of the above applies in Western Australia and other states and territories may not have similar provisions. There are numerous exceptions to the above and nothing written here should be taken as legal advice. Kroon Legal are located in Bunbury and service the South-West of WA. We deal with traffic matters and can provide legal advice for specific circumstances. Feel free to telephone our office on (08) 97212900 if you would like to make an appointment.

De Facto Relationships in Western Australia

De Facto Relationship couple, de factor, marriage, relationship, Western Australia

There’s a lot of discussion in relation to marriage in the media at the moment, but there doesn’t seem to be a lot of information about the other popular relationship choice for couples – the de facto relationship. I thought it might be helpful to discuss what a de facto relationship is and how you enter into one in Western Australia.

A de facto relationship is where two people who aren’t married are committed together in a marriage-like relationship. This is any two people, regardless of gender, so includes same-sex couples.

Where there is dispute as to whether a de facto relationship exists, there are a number of factors that are considered to determine if a couple have been living in a marriage-like relationship. The factors considered include the length of the relationship, whether you lived together, your financial interdependence and financial arrangements between you both, whether there are children, the degree of mutual commitment to a shared life and how your relationship is perceived by others.

Every de facto case will turn on its own facts and merits and it can be complicated determining if a de facto relationship actually exists. It is possible to be classified as being in a de facto relationship when you’re still legally married to someone else, or even where you are a committed couple who aren’t living together.

Since 2002, Western Australian de facto couples have many similar rights to married couples, such as:

Being each other’s next of kin;
Being able to bring property and maintenance applications in the Family Court;
Being able to claim against a deceased partner’s estate; and
Being able to be nominated as a superannuation dependent, so that the surviving partner will receive the other partner’s superannuation benefits upon death.

To be entitled to access the Family Court as a de facto couple, you must have:

Been in a de facto relationship for at least 2 years; or
There needs to be a child of the de facto relationship who is under 18 years old and failure to make an order would result in serious injustice to the partner caring/responsible for the child; or
The applying de facto partner must have made substantial contributions to property or welfare of family and failure to make an order would result in a serious injustice to that partner.

There are still some important differences between married and de facto couples.

If a married couple separate, they have 12 months from the date of their divorce to attend to property settlement. In Western Australia, de facto couples must resolve their family law property settlement or commence Court proceedings within 2 years of the date of separation. If that limitation date is not complied with, then it will be necessary to make application to the Family Court to proceed out of time and there is no guarantee such leave with be granted.

When married couples separate, their respective superannuation policies are considered an asset of the relationship and married couples can split their superannuation entitlements.

In Western Australia, superannuation is considered a financial resource for de facto couples. Whilst the superannuation policies can be considered, they cannot be split between de facto parties. This can create significant difficulties for de facto couples in resolving a property settlement.

If a de facto couple have Wills in place and later marry, if their Wills were not in contemplation of marriage to each other, then from 2008 onwards the marriage will invalidate the de facto couple’s Wills. This is important for de facto couples to keep in mind.

Whilst there are differences between married and de facto couples in WA, it is important that de facto couples know they do still have rights and that they are recognised by the law, as long as all of the appropriate requirements have first been met.