❓ This parliamentary question scrutinises Main Roads WA's infringement notice practices for heavy vehicle mass limits, focusing on clarity of warnings, assumed knowledge of legal penalties, enforcement discretion under chain of responsibility, and data on corporate penalties.
⏳ Awaiting AnswerQoN 2716Legislative Assembly
QuestionView source ↗
I refer to infringement notices issued by Main Roads WA enforcement officers for alleged breaches of vehicle mass limits under the Road Traffic (Vehicles) Act 2012 (WA), the Minister's response to Question on Notice 296 (answered 16 September 2025), and the Minister's response to correspondence AL00026 (dated 23 February 2026), and I ask:
(a) Will the Minister commit to amending the format of infringement notices to include a plain-language warning that electing to have a matter determined by a court may result in penalties significantly higher than the modified penalty, including the five-fold multiplier applicable to body corporates under section 40 of the Sentencing Act 1995 (WA);
(b) Does the Minister accept that the assertion in the response to QON 296, that the risk of higher court penalties is "generally understood", sets an unreasonably high standard of assumed knowledge for professional drivers and small business operators who receive and must respond to infringement notices in the field, often without access to legal advice;
(c) In circumstances where a driver employed by a transport company is issued an infringement notice for an overloading offence, but the driver had no control over the loading of the vehicle, what guidance is provided to enforcement officers regarding the exercise of their discretion under chain of responsibility provisions, and how is consistency in enforcement decisions monitored; and
(d) How many infringement notices for heavy vehicle mass offences were issued to body corporates in each of the last two financial years, and of those, how many proceeded to court resulting in a penalty exceeding the original modified penalty?
Answered on
(a) Will the Minister commit to amending the format of infringement notices to include a plain-language warning that electing to have a matter determined by a court may result in penalties significantly higher than the modified penalty, including the five-fold multiplier applicable to body corporates under section 40 of the Sentencing Act 1995 (WA);
(b) Does the Minister accept that the assertion in the response to QON 296, that the risk of higher court penalties is "generally understood", sets an unreasonably high standard of assumed knowledge for professional drivers and small business operators who receive and must respond to infringement notices in the field, often without access to legal advice;
(c) In circumstances where a driver employed by a transport company is issued an infringement notice for an overloading offence, but the driver had no control over the loading of the vehicle, what guidance is provided to enforcement officers regarding the exercise of their discretion under chain of responsibility provisions, and how is consistency in enforcement decisions monitored; and
(d) How many infringement notices for heavy vehicle mass offences were issued to body corporates in each of the last two financial years, and of those, how many proceeded to court resulting in a penalty exceeding the original modified penalty?
Answered on
AnswerView source ↗
⏳
This question is awaiting a response from the Minister.
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