❓ Mr Leary questions the clarity of infringement notices regarding potential penalty increases for contesting fines in court. The Minister acknowledges potential cost increases but clarifies the five-fold penalty increase only applies to body corporates.
AnsweredQoN 296Legislative 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), and I ask : (a) Is the Minister aware that infringement notices do not clearly advise that if a person elects to contest the fine in court, the penalty may be significantly increased; (b) Will the Minister undertake a review of the current infringement notice format to ensure it clearly sets out the potential consequences of electing to have the matter determined by a court, including the risk of a higher penalty; and (c) Does the Minister consider it fair and transparent that a person can be exposed to a five-fold increase in penalty without any clear warning of that possibility on the original notice?
AnswerView source ↗
Answered
16 September 2025
Responded by
Minister for Transport
Response time
9 days
a-b. It is generally understood that offences dealt with through on-the-spot traffic infringement notices attract modified penalties, allowing the matter to be resolved more quickly, with flexible payment options. Should the matter be elected to proceed to court, additional costs could apply at the court’s discretion.
c. The provision for a five-fold increase in penalty applies only to body corporates. Individual persons are not subject to the increase.
c. The provision for a five-fold increase in penalty applies only to body corporates. Individual persons are not subject to the increase.
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