6 November 2024

'Tom's Law' legislation to restrict P-plate passengers to be introduced to WA Parliament

| Andrew McLaughlin
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P Plates. File photo.

There are new rules for P-platers in WA. Photo: File.

The Western Australian State Government has today (6 November) introduced legislation to apply passenger restrictions for red P-plate drivers.

The legislation is dubbed ‘Tom’s Law’ after a passenger named Tom Saffioti died in a crash in 2021. The driver of the car was a P-plater who was charged with dangerous driving causing death, but subsequently walked free from court after a judge found evidence at his trial did not support the charge.

The new legislation follows an October announcement by Premier Roger Cook and Road Safety Minister David Michael that red P-plate drivers would be limited to carrying only one passenger in their vehicle at all times.

While new regulations can be introduced to apply the restriction to new P-plate drivers without needing to pass parliament, the new legislation is required to apply the same rules to existing drivers. The rules are scheduled to take effect from 1 December.

The government says a recent WA Road Fatalities and Serious Injuries 2023 report shows young WA drivers aged 17 to 19 years old have the highest killed or seriously injured rate at 107 per 100,000 population compared to other age groups.

It says statistics show that novice drivers are at higher risk of crashing, and that the new one-person passenger restriction aims to alleviate this problem and bring the state into line with other jurisdictions.

It adds that a complete curfew on red P-plate driving between midnight and 5 am will continue to apply.

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Exemptions from the passenger restrictions rule will apply if the additional passenger(s) is an experienced driver who has held an ordinary C-class licence for at least four years; if the other passengers are immediate family members; or if additional passengers are in the vehicle as a necessary requirement of the driver’s employment.

Premier Cook said every death on WA roads was a tragedy, but that inexperienced drivers were particularly at risk when they got behind the wheel.

“This legislation, which will bring WA into line with all other jurisdictions in Australia except the Northern Territory, will reduce distractions for novice drivers in those crucial six months after they attain their licences,” he said.

“I’ve asked for this legislation to be introduced into parliament as expeditiously as possible, and encourage all members to deal with it promptly to allow the new rules to be brought in by 1 December for the busy summer season.”

Minister Michael said the new rules meant WA would have some of the strictest rules for passenger limits on probationary drivers in Australia.

“They join a suite of new road safety initiatives the government has announced since the Road Safety Roundtable, particularly targeting young drivers and our regional areas where road deaths this year have been above average,” he said.

“These latest education and enforcement initiatives highlight the Cook Government’s commitment to road safety and determination to seek new ways to prevent death and serious injury on our roads.”

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