New Tom’s Law legislation to be introduced into Parliament

  • Bill to enforce passenger restrictions for existing red P-plate drivers to be introduced
  • Legislation will support new regulations that apply Tom’s Law to newest drivers
  • Red P-plate changes to apply from 1 December

The Cook Government will today introduce a Bill into State Parliament to apply passenger restrictions for existing red P-plate drivers.

Premier Roger Cook and Road Safety Minister David Michael last month announced changes for red P-plate drivers, who would be limited to carrying only one passenger in their vehicle at all times, as part of new rules to reduce death and serious injury on Western Australian roads.

While new regulations can be introduced to apply the restriction to new P-plate drivers, legislation is required to apply the same rules to existing red P-plate drivers. The rules are scheduled to take effect from 1 December 2024.

Young WA drivers aged 17 to 19 years old have the highest KSI (Killed or Seriously Injured) rate at 107 per 100,000 population compared to other age groups (Western Australian Road Fatalities and Serious Injuries 2023 report).

Statistics and recent tragedies on our roads have also shown that novice drivers are at higher risk of crashing when they are distracted.

The new one-person passenger restriction aims to alleviate this problem and brings Western Australia into line with other jurisdictions. A complete curfew on red P-plate driving between midnight and 5am will continue to apply.

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; or
  • other passengers are immediate family members; or
  • if additional passengers are in the vehicle as a necessary requirement of the driver’s employment. For this to apply, a letter from the driver’s employer must be carried by the red P-plate driver with presentation on request.

The new rules, referred to as Tom’s Law, follow the tragic deaths of young people on WA roads, including passengers Tom Saffioti and Nick Campo who died in separate crashes in 2021 and July this year respectively.

As stated by Premier Roger Cook:

“Every death on our roads is a tragedy, and we know our least experienced drivers are particularly at risk when they get 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.

“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.”

As stated by Road Safety Minister David Michael:

“The new rules mean Western Australia will 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.

“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.”

/Public Release. View in full here.